HomeMy WebLinkAbout1145 Agreement for Horizons Phase I Electrical BILL NO. 2012-051 ORDINANCE NO. II ��
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN NORTHPOINT
DEVELOPMENT, LLC AND PRO ELECTRIC L.C. FOR CONSTRUCTION AND
INSTALLATION OF HORIZONS PHASE I ELECTRICAL FOR THE PROJECT DESIGNATED
AS HORIZONS BUSINESS PARK DEVELOPMENT
WHEREAS, Briarcliff Realty, LLC and the City entered into a Master Development
Agreement for the development of the Briarcliff Horizons Site dated May 10, 2011 ("MDA"); and
WHEREAS, Briarcliff Realty assigned its rights and obligations under the MDA to
Briarcliff Horizons, LLC, an affiliated entity of Briarcliff Realty pursuant to Section 12.5(b) of the
MDA; and
WHEREAS, on or about February 13, 2012 Briarcliff Horizons, LLC filed articles of
amendment with the Missouri Secretary of State changing its name to Riverside Horizons, LLC;
and
WHEREAS, Riverside Horizons, LLC assigned its rights and obligations under Section 3
the MDA in regard to the Horizons Phase I Electrical Infrastructure to NorthPoint Development
LLC ("NorthPoint"), an affiliated entity of Briarcliff Realty pursuant to Section 12.5(b) of the MDA;
and
WHEREAS the Board of Aldermen have authorized NorthPoint through the previously
executed MDA to competitively bid and select a Contractor for certain public infrastructure; and
WHEREAS, NorthPoint caused to be published pursuant to the MDA and the City Code
a request for proposals for public infrastructure improvements known as Horizons Phase I
Electrical Infrastructure; and
WHEREAS, after evaluation and analysis NorthPoint is recommending that the
Agreement in substantially the same form as Exhibit A of this Ordinance which is attached
hereto and incorporated, be entered into with PRO ELECTRIC L.C. for installation and
construction of Horizons Phase I Electrical Infrastructure upon satisfaction of certain conditions;
and
WHEREAS the estimated cost of such installation and construction is Six Hundred Sixty
Seven Thousand Two Hundred Four dollars ($667,204.00), which cost will be shared by the City
and NorthPoint as provided for under the terms and conditions of the MDA; and
WHEREAS the parties desire to establish the rights and responsibilities of NorthPoint,
the City and Pro Electric L.C.; and with respect to the installation of such Horizons Phase I
Electrical Infrastructure and the Board of Aldermen find it is in the best interest of the City to
approve the Agreement in substantially the same form as set forth in Exhibit A attached hereto,
upon satisfaction of certain conditions as set out below;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE MISSOURI AS FOLLOWS:
SECTION 1. It is in the best interest of the City, in order to further the objectives of
industrial and economic development of the City as contemplated by the MDA to consent to an
Agreement between NorthPoint and Pro Electric L.C. to which the City of Riverside and the
industrial Development Authority of the City of Riverside, Missouri are third party beneficiaries,
in substantially the same form as set forth in Exhibit A attached hereto and incorporated herein,
and said Agreement is hereby approved and authorized for execution by the Mayor with
issuance of the Notice to Proceed authorized to be approved by the City Administrator upon
written confirmation by the City Attomey of satisfaction of the following conditions:
a. A performance bond satisfactory to the City Attomey, executed by a
surety company authorized to do business in Missouri and having a rating of at least
"A+" from BesYs or "AA" from Standard and Poor's to show it is solvent, in an amount
equal to one hundred percent (100%) of the portion of the contract that does not include
the cost of operation, maintenance and money; and
b. A payment bond satisfactory to the City Attorney, executed by a surety
company authorized to do business in Missouri and having rating of at least "A+" from
BesYs or "AA" from Standard and Poor's to show it is solvent, for the protection of all
persons supplying labor and material to the contractor or its subcontractors for the
performance of constriction work provided for in the contract. The bond shall be in an
amount equal to one hundred percent (100%) of the portion of the contract price that
does not include the cost of operation, maintenance and money; and
c. Written certification by the Designated Purchasing Agent for NorthPoint to
the City Administrator that the requirements of Section 135.090 and 135.100 in regard to
Construction Bid Procedures were met by NorthPoint; and
d. Written certification from the President of Riverside Horizons LLC that
proper assignments have been made pursuant to Section 12.5(b) of the MDA;
SECTION 2. The project is subject to the requirements of Section 292.675 RSMo,
which requires all contractors or subcontractors doing work on the project to provide, a ten-hour
Occupational Safety and Health Administration (OSHA) construction safety program for their on-
site employees which includes a course in construction safety and health approved by OSHA or
a similar program approved by the department which is at least as stringent as an approved
OSHA program, unless such employees have previously completed the required program. All
employees who have not previously completed the program are required to complete the
program within sixty (60) days of beginning work on such construction project. Any employee
found on a work site subject to this section without documentation of the successful completion
of the course required under subsection 2 of this section shall be afforded twenty (20) days to
produce such documentation before being subject to removal from the project. Pro Electric, L.C.
shall forfeit as a penalty to the City, two thousand five hundred dollars ($2,500.00) plus one
hundred dollars ($100.00) for each employee employed by Pro Electric, L.C. for each calendar
day, or portion thereof, such employee is employed without the required training.
SECTION 3. The praject is subject to the requirements of Section 290.250 RSMo,
which requires the payment of prevailing wage. The City in Exhibit C of the Agreement between
NorthPoint and Pro Electric L.C., has specified the prevailing hourly rate of wages for each type
of workman needed to execute the Agreement and also the general prevailing rate for legal
holiday and overtime work.
SECTION 4. The City shall and the officers, agents and employees of the City,
including the City Administrator, City Attorney, Finance Director and Mayor, are hereby
authorized to execute all documents necessary or convenient to carry out the terms and
conditions of such agreement and the City Clerk is authorized to attest thereto upon satisfaction
of the above conditions precedent.
SECTION 5. This Ordinance shall be in full force and effect from and after its passage
and approval.
BE IT REMEMBERED that the above was read two times by heading only, passed and
approved by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside, Missouri, this��ay of August, 2012.
���� •���
Kathleen L. Rose, Mayor
AT T.
Robin Littrell, Cit Clerk
APPROVE AS TO FORM:
m on, City Attorney
� � ��
��! 3 I ao i 2--
PROJECT MANUAL
BID PACKAGE: HORIZONS PHASE I ELECTRICAL
NorthPoint Development, LLC
July 31, 2012
and
The City of Riverside, Missouri
and
The Industrial Development Authority of the City of Riverside, Missouri
i
CITY OF RIVERSIDE, MISSOURI
ADVERTISEMENT FOR BIDS
Separate sealed bids for the HORIZONS PHASE I ELECTRICAL will be received by
NorthPoint Development, LLC ("NorthPoinY') in caze of City Clerk at Riverside City Hall, 2950
NW Vivion Road, Riverside, Missouri until ten o'clock (10:00) A.M., on Aueust 13, 2012, and
then publicly opened and read aloud at Riverside City Hall.
The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and Forms of Bid
Bond, Performance and Payment Bond, and other Contract Documents may be examined at the
office of the City Engineer at the above city hall address. Copies may be obtained at the office
of Lane Blueprint located at 15 W 20th St, Kansas City MO 64108, (816) 221-2500. Such
documents will be at the contractor's expense. Such fee shall be non-refundable. Contract
Documents can also be viewed or downloaded over the internet at www.laneblueprint.com.
NorthPoint and the City of Riverside, Missouri ("City") reserves the right to waive any
informalities or to reject any or all bids. Each bidder must deposit a bid security in the amount,
form and subject to the conditions provided in the Information for Bidders. No bidder may
withdraw his bid within 90 days after the actual date of the opening thereof.
Brad Hayxnond
NorthPoint Development
2
NorthPoint Develooment
INFORMATION FOR BIDDERS
NorthPoint Development, LLC ("NorthPoinY') invites sealed bids on the forms contained in the
Bid Package and Contract Documents for the
HORIZONS PHASE I ELECTRICAL
1. Receiot and Ooenine of Bids. Bids will be received by NorthPoint in care of the City at the office of
the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on
Au¢tast 13. 2012, at which all sealed bids will be publicly opened and read in the presence of one or
more witnesses. The envelope(s) containing the bids must be sealed, clearly mazked on the outside of the
envelope "HORIZONS PHASE I ELECTRICAL BID" and addressed to the City Clerk at Riverside
City Hall.
NorthPoint and the City reserves the right to award the contract by sections, to accept or reject any and
all bids, to waive any technicalities or irregularities therein, to determine in its sole discretion the lowest
responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at
the request of the bidder for rehun of the bid packet submitted by filing a written request with NorthPoint
in care of the City Clerk prior to the above scheduled time for the opening of bids or authorized
postponement thereo£ Any bid received after the time and date specified shall not be considered. No
bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of
the Bid Security. '
2. Reiection of all Bids. If NorthPoint or the City rejects all Bids, NorthPoint or the City may: (1)
readvertise or re-solicit Bids following the City's normal bidding procedure; or (2) use an expedited Bid
submission schedule when the City determines that the delay would not be in the best interests of the
project or the City.
BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF
NORTHPOINT OR THE CITY BECAUSE OF SUCH REJECTION, AND TEIE SUBMISSION OF
ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF
THE BIDDER TO THESE CONDITIONS.
3. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and
accompanied by Qualifications of Bidder, �davit of Work Authorization and Bid Security. All blank
spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the foregoing
Certifications must be fully completed and executed when submitted. On alternate items for which a bid
is not submitted, a written indication of "no bid" on the bid form is required. No oral, electronic,
facsimile or telephonic bids or alterations will be considered.
A complete set of the bidding documents are on file for examination at the office of the City Engineer at
Riverside City Hall. A copy the bidding documents may be obtained from Lane Blueprint, Telephone
(816) 221-2500. M additional chazge may apply for mailing of bidding documents.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND
CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE
BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND
IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED TEIE SITE OF THE
WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS,
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AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL
ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid
Documents are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the work.
Bids by a corporation must be executed in the corporate name by the president or a vice-president (or
other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown
below the signature.
Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must
appear under the signature and the o�cial address of the partnership must be shown below the signahue.
5. Addenda and Interoretations: No interpretation of the meaning to the plans, specifications, or other
pre-bid documents will be made to any bidder orally. Every request for such interpretarion should be in
writing addressed to:
Consulting Engineer: Ryan Dugdale (Olsson Associates) rdu dg a1e ,(a�oaconsultin .g com
with a copy to:
Project Manager: Brad Haymond (NorthPoint) brad(a�northpointkacom
And
Capital Projects Engineer. Citv of Riverside: Travis Hoover (City�
THOOVER(�a citvofriversidemo.com
and to be given consideration must be received at least five (5) calendar days prior to the date fixed for
the opening of bids. Any and all such interpretations and any supplemental instructions will be in the
form of written addenda to the specifications which, if issued, will be either hand delivered by a deliverer
with receipt of delivery, or mailed by the fastest delivery method available via registered mail or
ovemight delivery, and may also be mailed electronically or fa�ced to all prospecfive bidders recorded as
having received the Bid Documents, not later than three (3) calendaz days prior to the date fixed for the
opening of bids and shall be signed by North Point, the City, and Olsson Associates. Failure of any bidder
to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also
be issued to modify the Bid Documents as deemed advisable by NorthPoint or the City. At the time of
Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized
to make any clarifications, interpretations or modifications or give any instructious to the bidders
during the biddiug period except as described iu this Section.
6. Substitute Material and Eauipment: The contract, if awarded, will be on the basis of material and
equipment described in ffie drawings or specified in the specifications without consideration of possible
substitute of "or-equal" items. Whenever it is indicated in the drawings or specified in the specifications
that a substitute "or-equal" item of material or equipment may be furnished or used by Contractor if
acceptable to NorthPoint and the City, application for such acceptance will not be considered by
NorthPoint or the City until after the "effective date of the AgreemenY'.
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7. Subcontracts: The bidder shall submit to NorthPoint with the Bid a list of all proposed sub-
contractors to be used on the project. The list shall indicate those portions of the work each sub-
contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be
used on the project. The list shall indicate which materials each supplier is furnishing.
The Bidder must be capable of demonstrating to the satisfaction of NorthPoint and the City that bidder
has the "in-house" capability at the time of submission of the bid to perform not less than fifty-one
percent (51%) of all of the Work required to be performed on the project by Contractor under the
Ageement by and through employees in the direct employ of Contractor without any reliance upon or
utilization of subconlsactors.
8. Oualifications of Bidder: NorthPoint or the City may make such investigations as it deems necessary
to determine the ability of the bidder to perform the work, and the bidder shall furnish NorthPoint or the
City all such information and data for this purpose as NorthPoint or the City may request. NorthPoint and
the City reserve the right to reject any bid if the evidence submitted by, or investigation of, such bidder
fails to satisfy NorthPoint or the City that such bidder is properly qualified to carry out the obligations of
the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a
minimum, each Bidder must submit the following information with the Bid:
Authority to Do Business in Missouri. Each bid must contain evidence of bidders qualification
to do business in the State where the project is located or covenant to obtain such
qualification prior to award of the contract.
Key PersonneL Identify the following Key Personnel proposed for the Project. (NOTE: Key
Personnel must be committed to the Project for its duration, and may not be removed or
substituted without NorthPoinYs prior written consent.)
GC Project Manager
On-Site Field Superintendent
QC/QA Manager
Safety Officer
For each of the Key Personnel, provide the following background information:
• Yeazs of employment with current employer;
• Other projects this person will be involved with concurrently with the project;
• Provide professional registrations, education, certifications and credentials held
by the person that are applicable to the Project.
Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality
Assurance/Quality Control Plan for this project
• Describe key issues that might affect the Project schedule and how Bidder proposes to
address them
• Provide a statement regazding all work performed rivo (2) years immediately preceding
the date of the Bid that contains either (a) any written notices of violations of any federal
or state prevailing wage statute in which prevailing wage penalties were assessed against
the Bidder or paid by the Bidder; or (b) a statement that there have been no such written
norices of violations or such penalties assessed
Statement of Assurances. Provide affirmation of the following items:
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• Statement that Bidder is current on payment of Federal and State income ta�c
withholdings and unemployment insurance payments.
• Statement that the Bidder has not been rescinded or debarred from any bidding,
contractual, procurement or other such programs by federal state or local entities.
• Statement of Bidder's litigation and/or arbitration history over the past seven (7) years
including final ruling. Pending cases must be disclosed with a notation that the matter is
still unresolved.
• Statement of Bidder's bond history over the past seven (7) years including any incidences
of failure to perform.
• Provide sworn affidavits as outlined in Section 16 of this Information to Bidders' packet
concerning Bidder's participation in the federal work authorization program.
• Statement that there is no collusion or fraud with reference to illegal relationships of
bidders and representatives of the City or NoRhpoint, bid pooling or strawbids.
9. Bid Securitv: Each bid must be accompanied by a bid bond payable to NorthPoint Development for
ten percent (10%) of the total amount of the bid. A certified check made payable to "NorthPoint
DevelopmenY' may be used in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with
each bond a certified and effectively dated copy of their power of attomey.
As soon as the bid prices have been compared, NorthPoint will retum the bonds of all except the three (3)
lowest responsible bidders. The bid bond of the remaining bidders will be retained by NorthPoint until the
eazlier of (a) the 61 day after the bid opening, or (b) execution and delivery of the Agreement together
with all bonds, evidence of insurance, work authorization affidavit and other documents required under
the Agreement by the bidder to whom Notice of Award is given.
10. Liguidated Dama¢es for Failure to Enter into Aereement: If the Bidder fails or refuses to execute
the Agreement and deliver such additional documentation within twenty (20) days of Notice of Award,
any Bid Security shall immediately become due and payable and forfeited to NorthPoint asliquidated
damages. Bidders agree that this is a fau and reasonable approximation of the actual damages incurred by
NorthPoint and/or the City for the Bidder's failure to honor its bid and that the liquidated damages in this
section aze not penal in nature but rather the parties' attempt to fairly quantify the actual damages
incurred by NorthPoint and/or the City for the Bidder's refusal to honor its bid.
11. Time of Comoletion and Liauidated Damaees: Bidder must agree to commence work on or before
a date to be specified in a written 'Notice to Proceed" of NorthPoint and to fully complete the project
within 55 consecutive Calendar Days thereafter. Bidder must agree also to pay as liquidated damages, the
sum of $200.00 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and
Contract Documents. No time extensions will be granted, except in case of unusual (unseasonable)
weather conditions or additional work requested by NorthPoint. Bidders agree that the sum of $200 per
day is a fa'v and reasonable approximation of the actual damages incurced by NorthPoint and/or the City
for the Bidder's failure to complete the project within the time outlined above and that such liquidated
damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual
damages incurred by NorthPoint and/or the City for such delays.
6
12. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the
construction of the pmject and the employment of labor thereon. Failure to do so will not relieve a
successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions
of his contract. Insofaz as possible the Contractor, in carrying out the work, must employ such methods or
means as will not cause any interruption of or interference with the work of any other contractor.
13. Laws and Reeulallons: The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction
of the project shall apply to the contract throughout, and they will be deemed to be included in the
contract the same as though herein written out in full.
14. Method of Award - Lowest Resoonsible Bidder: If at the time this contract is to be awarded, the
lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by
NorthPoint as available to finance the contract; the contract will be awazded to the "lowest responsible
bidder." If such bid exceeds such amount, NorthPoint or the City may reject all bids or may awazd the
contract on the base bid combined with such deductible alternates applied in numerical order in which
they aze listed in the Form of Bid, as produces a net amount which is within the available funds.
Discrepancies beriveen words and figures will be resolved in favor of words. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct
sum.
If this solicitation includes Bid Alternates, NorthPoint, in its sole discretion, may include any, all or none
of the Alternates in determining the lowest responsible Bid, NorthPoint may include the Alternates in any
combination and in any order or priority. NorthPoint may make this determination at any time after bid
closing and prior to contract awazd. NoRhPoint will act in the best interest of NorthPoint in determining
whether to include any, all or none of the Alternates and the combination and priority of any Alternates
selected. If additional funding becomes available after Contract awazd, NorthPoint may add any or all of
the Alternates to the Agreement by Change Order.
NorthPoint may consider the qualifications and experience of subcontractors and other persons and
organizations (including those who aze to fiunish the principal items of material or equipment) proposed
for portions of the work. Operating costs, maintenance considerations, performance data and guarantees
of materials and equipment may also be considered by NorthPoint.
NorthPoint and the City reserve the right to reject any and all bids, to waive any and all informalities, and
the right to disregud all nonconforming, non-responsive or conditional bids. Discrepancies between
words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any
column of figures and the cortect sum thereof will be resolved in favor of the correct sum.
In evaluating bids, NorthPoint shall consider the qualifications of the bidders, whether or not the bids
comply with the prescribed requirements, and alternates and unit prices if requested in the Itemized
Proposal. It is NorthPoinYs intent to accept alternates (if any accepted) in the order in which they are
listed in the Itemized Proposal but NorthPoint may accept them in any order or combination.
NorthPoint may consider the qualifications and experience of subcontractors and other persons and
organizations (including those who are to furnish the principal items of material or equipment) proposed
for portions of the work. Operating costs, maintenance considerations, performance data and guarantees
of materials and equipment may also be considered by NorthPoint.
NorthPoint may conduct such investigations as he deems necessary to assist in the evaluation of any bid
and to establish the responsibility, qualificallons and financial ability of the bidders, proposed
7
subcontractors and other persons and organizations to do the work in accordance with the Contract
Documents to NorthPoinYs satisfaction within the prescribed time.
NorthPoint Development reserves the right to reject the bid of any bidder who does not pass any such
evaluation to NorthPoint 's satisfaction.
If the contract is to be awazded, it will be awarded to the lowest bidder whose evaluation, by NorthPoint ,
indicates to NorthPoint that the award will be in the best interests of the project.
15. Oblieation of Bidder: At the time of the opening of bids, each bidder will be presumed to have
inspected the site and to have read and to be thoroughly familiaz with the plans and Conh�act Documents
(including all addenda). The failure or omission of any bidder to examine any form, instrument, or
document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On
request, NorthPoint will provide each bidder access to the site to conduct such investigations and tests as
each bidder deems necessary for submission of his bid.
REJECTION OF BID SHALL CREATE NO LIABILITY ON THE PART OF NORTHPOINT,
THE CITY OF RIVERSIDE OR THE INDUSTRIAL AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY
BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF
THE BIDDER TO THESE CONDITIONS.
16. Federal Work Authorization Proeram Participation: Bidders aze informed that pursuant to
Section 285.530, RSMo, as a condition of the awazd of any contract in excess of five thousand dollars
($5,000), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation if a federal work authorization progam with respect to the employees
working in connection to the contracted services. The �davit shall further provide that the successful
bidder does not knowingly employ any person who is an unauthorized alien in connection to the
contracted services.
17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that
the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United
States. Affirmative proof can be established through a Missouri drivers license; US Birth Certificate
(certified with an embossed, stamped or raised seal issued by a state or local government — hospital
certificates aze not acceptable); US Passport (valid or expired); US Certificate of Citizenship,
Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a
copy of US Birth Certificate issued by a state or local government.
18. Safetv Standards and Accident Prevention: With respect to all work performed under this contract,
the Contractor sha1L•
a. Comply with the safety standazds provisions of applicable laws, building and construction
codes, and the "Manual of Accident Prevention in Construction" published by the Associated
General Contractors of America, the requirements of the Occupational Safety and Health Act of
1970 (Public Law 91-596), and the requirements of Section 292.675, RSMo
b. Exercise every precaution at all times for the prevention of accidents and the protection of
persons (including employees) and property.
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c. Maintain at Contractor's office or other well known place at the job site, all articles necessary
for giving first aid to the injured, and shall make arrangements for the immediate removal to a
hospital or a doctor's care of persons (including employees), who may be injured on the job site.
d. Bidders aze informed that the Project is subject to the requirements of Section 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 construction safety and health
approved by the Occupational Safety and Health Administration ("OSHA") or a similaz 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 of 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.
19. Prevailina Waee: Wage rates for the project shall be not less than the prevailing wage rates for
Platte County currently in effect as determined by the Division of Labor Standards of the State of
Missouri, pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to NorthPoint of $100
per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done
under the contract by the Contractor or any Subcontractor.
20. Excessive Unemplovment: The Missouri Department of Labor has provided notice that Missouri is
now in a period of excessive unemployment as defined by Section 290.550 RSMo. et seq. During periods
of excessive unemployment only Missouri laborers and laborers from non-restrictive states may be
employed under the contract, except that other laborers may be used when Missouri laborers or laborers
from nonrestrictive states aze not available or aze incapable of performing the particular type of work
involved. Use of laborers from restrictive states shall require certification by the Contractor and approval
of the contracting officer.
21. American Products: Pursuant to RSMo 34353, any manufactured good or commodities used or
supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the
United States, unless determined to be exempt as provided in state law.
22. Transient Emplovers: Pursuant to RSMo 285230, every transient employer (employer not
domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly
legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri
Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified
by the Missouri Department of Revenue through the records of the Division of Workers Compensation;
and 3) Notice of registration for unemployment insurance issued to such employer by the Division of
Employment Security. Contractor shall be liable for a penalty of $500.00 per day until such notices
required by RSMo 285.230 et seq. aze posted.
23. Current Citv Occupatiou License: The successful bidder, and all subcontractors, shall obtain a
current city occupation license prior to beginning construction.
24. Sales Tac Exemotion Certi£cate: The City will supply the Contractor with a Project Exemption
Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in
preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of materials
or other tangible personal property incorporated into or consumed in the construction of the Project.
25. Non Discrimination and Eaual Ooaortunitv: Contractor shall ensure that all employees are
treated equally without regard to their race, color, religion, sex, age, handicap or national origin.
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NorthPoint hereby notifies atl bidders that it will affirmatively insure that in any contract entered into
pursuant to this bid, socially and economically disadvantaged business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an awazd.
NorthPoint is an equal opportunity employer and encourages minority, women and disadvantaged
contractors to submit bids.
26. Securitv for Pavment and Faithful Performance: Simultaneously with delivery of the executed
contract, the Contractor shall furnish a swety bond or bonds as security for faithful performance of this
contract and for the payment of all persons performing labor on the project under this contract and
fumishing materials in connection with this contract. The Bond furnished by bidder shall contain the
requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and
other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety
company satisfactory to NorthPoint and the City and shall have a rating of at least "A+" from BesYs or
"AA" from Standazd and Poor's in an amount equal to one hundred percent (100%) of the contract price
that does not include Ute cost of operation, maintenance and money. Attorneys-in-fact who sign contract
bonds must file with each bond a certified and effectively dated copy of their power of attorney.
27. Sianin¢ of Aereemeut: When NorthPoint gives a Notice of Award to the successful bidder, it will be
accompanied by the required number of unsig�ed counterparts of the Agreement and all other Contract
Documents. Within twenty (20) days thereafter Contractor shall sign and deliver at least three (3)
counterparts of the Agreement to NorthPoint with all other Contract Documents attached and signed as
required, together with the required bonds, evidence of insurance, city licenses and work authorization
�dauit and documentation. Within ten (10) days thereafter NorthPoint will deliver all fully signed
counterparts to Contractor. NorthPoint may issue a Notice to Proceed with or at any time after delivery of
signed counterparts to Contractor.
10
BID FOR LUMP SUM BID WITH UNIT PRICING CONTRACTS
To: NorthPoint Development
Re: HORI ONS PHASE I ELECTRICAL
Date Lt 1��2D12
Project No.
Proposal of �Y'D ��SCC,�TV� , L C (hereinafter called "Bidder") • a corporation,
organized and existing under the laws of the State of — ,* a
partnership, or an individual doing business as '�� 12C C.' �-
To NorthPoint Development, LLC (hereinafter called "NorthPoinP')
To the City of Riverside, Missouri (hereinafter called "City")
To Whom it May Concem:
The Bidder, in compliance with your invitation for bids for the construction of the above referenced
pmject having examined the plans and specifications with related documents and the site of the
proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project including the availability of materials and labor, hereby proposes to fiunish all
labor, materials, and supplies, and to construct the project in accordance with the contract documents,
within We time set forth therein, and at the prices stated below. These prices aze to cover all expenses
incurred in performing the work required under the contract documents, of which this proposal is a
part.
Bidder hereby agrees to commence work under this contract on or before a date to be specified in
written "Notice of Proceed" of NorthPoint and to fully complete the project within consecutive
calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated
damages, the sum of $200.00 for each consecutive calendar day as provided in the Contract
Documents. Bidder agrees that the sum of $200 per day is a fair and reasonable approximation of the
actual damages incurred by NorthPoint and/or the City for the Bidder's failure to complete the project
wittrin the time outlined above and that such liquidated damages in this section are not penal in nature but
rather the parties' attempt to fairly quantify the actual damages incurred by NorthPoint and/or the City for
such delays.
Bidder acknowledges receipt of the following addendum:
� 3 i "Z
• Insert corporation, partnership, or individual as applicable.
Bidder agrees to mobilize on site '� �� A Q days from Notice to
Proceed �
ii
Bidder agrees to perform all the project work described in the specifications and shown on the plans,
for the following unit price (amounts are to be shown in both words and figures. In case of
discrepancy, the amount shown in words will govem):
� u '� i,Jo
� ($ ldo1, 203 :�S )
The lump sum bid with unit pricing attached shall include all labor, materials, bailing, shoring,
removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for.
Changes shall be processed in accordance with Article VII of the Agreement. Unit pricing shall be
provided for the purpose of calamity changes, if any.
Bidder understands that NorthPoint and the Ciry reserve the right to reject any or all bids and to
waive any informalities in the bidding.
The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar
days after the scheduled closing time for receiving bids.
Upon receipt of wtitten notice of the acceptance of this bid, bidder will execute the formal contract
attached witivn 20 days and deliver a Surety Bond or Bonds as required by the Agreement.
The bid security attached in the sum of �r0 : ($ ) is to become the
property of the NorthPoint in the event the Agreement and all Contract Documents, including the
Performance and Payment Bonds are not executed within the time above set forth, as liquidated
damages for the delay and additional expense to the City caused thereby.
THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO
LIABILITY ON THE PART OF NORTHPOINT DEVELOPMENT, THE CTl'Y OF
RNERSIDE OR THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RNERSIDE, MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY
BID IN RESPONSE TO THIS INVTI'ATION SHALL CONSTTI'UTE AN AGREEMENT OF
THE BIDDER TO THESE CONDTTIONS
Respectfully submitted:
(SEAL - if bid is by a corporation)
By <
Title: i
Street: �j
City, State, Zip: G S b l� b
Phone: a\3 - l- L� 1\
iz
�� � �( '�} 1 � �f�) i I��I l
_ � . - . . �..
Honzons Phase I Electrical Bid Form
Projecl: Homm�s
PhaSeISCOPE:
BASE BID
FAa 1 inMinn OTV I IIM I Inif I ahnr I Inif Mafarial TMaI I Init Pncw FMwndntl Pnrn FNwndM Pnm Iwritten oi iFl
45 ,400 ,645 5,290.00 ive thousand two hundred ninety dollars
2 Two head A le li Ms Ea
45 1,944 ,189 63,481.00 Sixty three thousand four hundred eighty
(29) Sirgle head type A pole IigMS 2 Ea .
ne dollars
163 3,471 3,634 72,680.00 Seventy two thousand six hundred eighty
(20) Type B pole IigMS 2 Ea
ollazs
122 772.65 894.65 45,627.00 orty Five thousand six hundred twenty
(57 ) Concrele base for each pole 51 Ea
seven dollars
08 ,000 ,408 $2,408.00 wo thousand four hundred eight dollars
LCi 1 Ea
08 ,000 ,408 $2,408.00 wo thousand four hundred eight dollars
LC2 1 Ea
82 105 187 $3,366.00 ree thousand three hundred sixty six
(18) Type 7 J boxes 1 Ea
ollars
1 3 $28,500.00 wenty eight thousand five hundred
AO��x 9500 I( of 725" HOPE 9500 If
0113TS
6 57,000.00 ifty seven thousand dollars
3#4wirewith murMCOnOUCIOr inclutlefiuesantls lices 9WOIf
10 13 910.00 ine hundred ten dollars
�oirorz•co�a��i � u
$281,670.00 wo hundred eighty one thousand six
A. Site Lighting SubTOtal undred seventy dollars
�� '�c >7 �t} lI'crii��t �
,;
Honzons Phase I Electrical Bid Form
Project: Honzons Phau 1
SCOPE: Eleclncal
BASE BID
❑ivt Rank OTV I IIM I Inif I aM� I Init Matenal TMaI Ilnif Pnro FNCndnd Pncn Felentlntl Pnoe /wriHPn rnRl
650.60 N/A 650.60 $3,253.00 Three thousand two hundred fifty three
owner providetl -(5) 10 z 10 x 7 KCPL vauHs with rirg aM cover Ea ollars
275.00 25.00 900.00 $9,000.00 ine thousand dollazs
5 Sectionalizer ads Ea
110 1,890.00 2,000.00 $4,000.00 Four thousand dollars
2 SWGR ads Ea
7.53 79.00 106.53 $213,060.00 wo hundred thirteen thousand and sixty
2,000 If of (4) 6" concrete encased (fiow fill as req) ducl bank 200 Lf (duct Bank) 0113I'S
InClUtli CAnOUitfortnSWGR ads[oROW
4 6 12,000.00 welve thousand dollars
6" contlui[ inclWi coupli s, s acers, elbows, etc. I(
2 47 9 $10,780.00 Ten thousand seven hundred eighty
4" conduit (inclutleing couplirgs, spacers, elbows, etc.) zZ If
OIIaPS
$252,093.00 Two hundred fifty two thousand ninety
B. Duct Bank SubTOlal three dollazs
$533,763.00 Five hundred thirty three thousand seven
ra�' "a"° B a°°� undred sixty three dollars
G8A �%) $100,080.56 One hundred thousand eighty dollars and
Pmftt aM O�.erhead �%) 56 cents
33,360.19 Thirty three thousand three hundred sixty
ollars and 19 cents
667,203.75 Six hundred sixty seven thousand two
T°�a� e�e undred three dollars and 75 cents
MBENVBE/DBE Participation:
(attach all necessary back up tlocumerrtation) 30% WBE (KC ElecUical Supply)
- - - --------- ------- --. _. _---- ---- - - --------- -- -,
CISY OF pOpN?AOIE � I
IVA[I'Of'19tH�1�lt �
' CITY OF KANSAS CITY,11�fISSOURl �,
Hrrman Relations Department �I
414 E. 12'"' Street, 4`" Floor
4 !
Ransas City, M'tssouri 64106
. (8l6) 513-1810 Phone
[ A H S A 6 ��: Y (816) 573-I805 Fax
M 1 9 5 O U R 2
In accordance with the requirements for certification as a Women Business Enterprise (WBE) as deftned by Chapter 38 Cade '
of General Ordinance it has been determined Jhat your firm does qualify for parficipation in the WBE Program. The work !
performed by your frrm will only count Joward contractual WBE goals. The Department will monitor the operations of your
firm to ensure that rt continues to operate in compliance with the regulaiions and intent of the WBE program.•
KANSAS CITYELECTRICAL SUPPLY CO., INC.
' Phillip Yeld r, irector; Human Relations
Date Issued: Julv 16. 2010 '
1" Annual Update Date: Julv 16. 2011
2 Annual Update Date: Julv 16, 2012
WBE Cettification Renewal Bate: Jury 16. 2013
Certification Codes: I
Fortns are available onfr.e at www.kcrno.ora
Elechical Apparetus & Equipment, Wiring Suppliers 8 Related Merchant Suppliers NAICS 423610
You are responsible jor submitting your annua/ & renewal paperwork 60 days prior to expiration
THE AMERICAN INSTITUTE OF ARCHITECTS
AIADocwmentA3f0
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, mu�
Pro Electric, L.C. Mere�nsertnenemeencaaaressorkpe�euemcomreotop
5320 Speaker Road Kansas City, KS 66106
as Principal, hereinafter called the Principal, and
Fidelity and Deposit Company of Maryland fFbm�nsMMnemeandeddmsafbpaltitleofSUrel�
1400 American Lane, Tower I, 18th Floor, Schaumburg, IL 60196-1056
a�:poration duly organized under the laws of ihe State of MD
as Surety, hereinafter called Uie Swety, are heid and fumly bound unto
North Poi nt Development, LLC (Hero I�nMiW nams and �Edross or leyal Htle ot Owner)
„ MO
as Obliga, hereinafter called the Obligee, in the sum of
Ten Percent of Amount Bid Dollars (3 10% ),
for the payment of wluch sum well and iruly to be made, the said Principal and the said Surely, bind ourselves, ow
heirs, executors, administrators, successors and assigns, jointly and severally, firroly by tltese presents.
WHEREAS, the Principal has submitted a bid for
(Herc ImM WII nama �ddrosa anE dewiDtlon of prqaq
Horizons Phase 1 Electrical, Riverside, MO
PROVIDED, HOWEVER, neither Principal iwr Surety shell ba bound 6aeunda udess
Obligee shell, prior to execuHon ofthe contnd, fumiah evidmce salisfecloryto We Surety ofthe Obligee's abilityto meke paymmtbthe Principal
aorordana wiW the tvms of We con6act.
NOW, THEREFORE, if We Obligw ehell accepl the bid ofiha Principal and t6e Prinapnt eMll anter ioto a CoMmd wilh iho Obligee in eaordenca
wiW the tams of wch biQ and give wch bond ar boeds es mey be specified in Ihe bidduig a Conhact Dacummte with good md sufficieat w�rUy
fa the faitfifiil perfomwnce of euch CwVact and for tha Po�P� PaYme� of laba and auterial fumishad in tha proaecution Wereo£ or in t6e evmt
of tha faiMe of tha Principal to eder euch Contrad md give such bond or bmds, if Uw Principal sfiell pay to tFw Obligee lhe differenca �wt W
excad the pe�ulty hereof betweea the amouat speeified in said bid and wch lazgcr amout¢ for wltich the Obligea may io good feit6 contract with
x¢ot6or party to perfwm the Work cwaed by esid bid, thw Uus obligation slvll ba wll and wid, othawisa W rennin in full face and aH'ect
Signed and sealed Uris 15th day of August , 2012
�k� �;� Pro Electric, L.C.
(a'imess) (erincival (seal)
ay. �
F �p DEt p�
� �
,,; � �r n Fidelity and Deposit Company of Maryland
. (Witrw�) W "w'� � (�r) A,� (S�)
� �-�-
� 1890 ; � / ,
�
4 r„„�V'o Karra K. McGreevy Attorney-in-Fact
Surety Phone No.
SCHIfMAN, REMLEY & ASSOC., INC.
52 0110HNSON DR. #500
MISSION, KS 66205
AIA DOCOMENl' A310 BID BONU AiA � FEBRUAltY 1970 �• 1HB AAffitiCAN ¢�SiTRT1E 913 - 831-1777
OF ARCHIT&CfS, IT35 N.Y. AVB., N.W., WASHINOI'ON, D. C.20006
Bond Number: Bid Bond
Obligee: NorthPoint Development, LLC
ZURICH AMERICAN Il�SU12ANCE COMPANY
COLONIAL AMER[CAN CASIJALTY AND SURETY COMPANY
FIDELITY AND DEPOSTf COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW AI.L MEN BY THESE PRESENTS: Thet the ZURICH AMERICAN INSURANCE COMPANl', a wrywcation of the State of New
York, the COLONIAL AMERICAN CASUAL7'Y AND SURETY COMPANY, a corporation of the State of Meryland, and the FIDELI77'
AND DEPOSIT COMPANY OF MARYLAND a co�pocation of the State of Maryland (herein collectively called the "Companies"), by
Geo[frey Delisio, Vice Presfdent, in pursuance of authority g�anted by Article V, Section 8, of the By-Laws of said Companies, which are
set forth on the teverse side hereof and are hereby ceNified W be in full fo[ct and effect on the date hereof, do hereby nominate, constihrte,
and appoint Karra K. McGreevv
its ttue and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, foy and on its behalf as surety, and as its aM and dad: any
and all bonds and undertakings, and the execu6on of such bonds or undeAakings in pursuance of lhese presents, shal( be as binding upon
said Companies, as fiilly and amply, to all intents and pucposes, as if they had baen duly wcecuted and acknowledged by the regularly elected
otRcers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the
COLONIAL AMERICAN CASUALI'Y AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
ofticers of the FIDELII'T AND DEPOSIT COMPANY OF MARYLAND at its o�ce in Owings Mills, Marylend, in their own proper
persons.
The said Vice President does hereby cettify that Ute exdact set forth on the reverse side heroof is a ttue copy of Ac[icle V, Sec[ion 8, of
the By-Laws of said Compenies, and is now in force.
IN WIT'NESS WHERFAF, the said Vice-President has heieunto subscribed his/her names end affixed the Corporate Seals of the seid
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this �� day of May . A.D. 2012 .
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAI. AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�4
�y ure
� 3 nw��� ��
.
� � tooe �
ua
*
� � �. ,/e�-� � �;2� �
O
Assistanf Secretary Vice President
Cerald F. Ha1ey Geoffrey Delisio
Shte of Maryland
County otBaltimore
On this �_ day of Mey , AD.py]�, before the subscriber, a Notary Public of t6e State of Maryland, duly canmissiomd
and qualified, Ceottrey Iklleio, Vice Praldeot and Genld F. Haley, Asslstaut Seerenry of t6e Compa¢ies, ro me pereonally known W be the individuals
and officas described in end who pcecuted the preceding inshument, end eclmowledged the execution of same, and being by me duly swom, deposel6 end
saith, that he/she is We said officer of the Compeny aforeseid, end thet the seals a�xed to the preceding inshument are tAe Co�porete Seals of said Compenies,
and that the said Corpoeate Seals aed the signewre as such officer were duly effixed and subacaibed to the said instrummt by the awhmity and dieection of Ne
said Cmporations.
IN TFSTIMONY WFIEREOF, I hava hereunto set my hand and affixed my Official Seal the day and year first above wrinen.
���Aluryllr,
�lLQ /.� ' ���� J,.i- �' of�6 �.
��..uul�/ �o• �
.�tF\\ �t�:
ConslsoceA.Dunn,NoteryPublic '' PU���
ti/.��
My Commiesian Expiros: July 14, 2015 �'i����ry;m'„�.�
EXTRACT FROM AY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomeys-in-Fact. The Chief Hxecutive Officey the President, or any Exceu6ve Vice President or Vica President
may, by written instrument under the attested cocpocate seel, appoint attomeys-in-fact with authority to execute bonds, policies,
recogni7ances, stipulations, undecmkings, or mher like inshuments on behalf of the Company, and may authoriu any officer or any such
attorney-in-fact W affix the corporete seal thereW; and may with or withou[ cause modify of revoke any such eppointment or authority at eny
time."
CERTIFICATE
I, tF�e undeiai�ed, Vice Presiden[ of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUAL7'Y AND SURETY COMPANY, and ihe FIDELI7'Y AND DEPOSIT COMPANY OF MARPLAND, do hereby certify that the
foregoing Power of AUOmey is still in full force and efFect on the date of this certificate; and I do further certify that Article V, Section 8, of
tF�e By-Laws of the Companies is sNll in fo�ce.
This Power of Attomey end Certificate may be signed by facsimile under and by autlwrity of the following �esolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meetirtg duly called and held on the ISth day of December 1998.
RESOLVED: "T6at the signature of the Prosident or a Vice President and the ettesting signaNre of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any cwtificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attomey and Certificate may be signed by facsimile mder and by authority of the following resolution of t6e Board of
Directois of the COLONIAL AMERICAN CASUAI.Tl' AND SUAETY COMPANY at a�eting duly called and held on the Sth day of
May, 1994, and the foilowing resoludon of the Board of Directors of the FIDELITY AND DEPOSIT COMPANI' OF MARYLAND a[ a
maHng duly catled and held on the lOth day of May,1990.
RESOLVED: "Tha[ the facsimile or mechanically reproduced seal of the wmpany and facaimile or mechanically reproduced signaturo
of any VicFPresident, Saretary, or Assistant Secretary of tNe Company, whether made heretofore or hereafter, wherover appearing upon a
certifieA copy of any power of attomey issued by the Company, shall be valid end binding upon the Company with the same force and effect
as though manually affixed.
IN 7'ESTIMONY WHEREOF, I have heremto subscribed my name and affixed the coiporate seals of the seid Companies,
� 15th � August 2012
_,°� �'�,,.,�"""`,�.
o � �� _ ti
; '{ "_�� ��AL �
3 � � :� i� B
'P • ` aM
�i d. �L���`
Thomas O. McClellan, Vice President
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we,
as PRINCIPAL and
as SURETY, aze held and firmly bound unto the NorthPoint
Development, LLC ("NorthPoinY') and the City of Riverside, Missouri ("City"), in the sum of
I]ollazs ($ )("Bid SecuriTy"), for the payment of which sum well and truly
to be made, we hereby jointly and severally bind ourselves, our heirs, executors, successors, and
assigns, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has
submitted a bid dated , 2012, to enter into a contract in writing for the
Project;
NOW, THEREFORE,
IF said Bid shall be rejected, or in the alternate,
IF Principal shall not withdraw the bid within the period specified therein after the
opening of bids, or, if no period be specified, within ninety (90) days after the bid opening, or in
the altemate,
IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the
form of contract attached hereto, properly competed with a11 attachments and requirements
pertaining thereto, and shall fumish a bond for the faithful performance of said contract, and for
the payment of all persons performing labor or fiunishing materials in connection therewith,
shall in a11 other respects perform the agreement created by the acceptance of said Bid within
ttventy (20) days after such Contract Documents are presented to Principal for signature, or in the
alternate,
In the event of the withdrawal of the Bid within the period specified, or the failure to
enter into such contract within the time specified, then the Bid Security shall immediately
become due and payable and forfeited to NorthPoint as liquidated damages. Principal and Surety
agree that this is a fair and reasonable approximation of the actual damages incurred by
NorthPoint and/or the City for the Principal's failure to honor its bid and that the liquidated
damages in this section are not penal in nature but rather the parties' attempt to fairly quantify
the actual damages incurred by NorthPoint and/or the City for the Principal's refusal to honor its
bid.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its bond shall be in no way impaired or affected by the e�ctension of the time within
which NorthPoint may accept such Bid; and said Surety does hereby waive notice of any such
extension.
13
EXPERIENCE OUESTIONNAIRE
(To be completed by each Bidder and submitted with Bid)
FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID.
CompanyName: Pro Electric. LC
PrimaryContactName: Richard Barchak
Address: 5320 Speaker RD Kansas Citv KS 66106
Phone: (913) 621-6611
Fax: (913) 621-0843
EmailAddress: richardbC�proelect.com
Federal ID Number: 43-1917816 or SSN: -
Name of State in which incorporated:
Date of incorporation:
Attach Certificate of Good Standing for State in which incorporated. *attached*
If not incorporated in Missouri, also attach Certificate of Authority to do Business in
Missouri.
Name of the following officers:
President:
V ice-President:
Secretary:
Treasurer:
DateofOrganization: October 12,2000
Type of Partnership: _General X Limited Association
IS
Names and addresses of all partners (use additional sheet if necessary):
Greg�y T OhmPC 7FiF15 W llnt.h nlat.ha� KR FiFiQ(1
(Name) (Address) (City, State, Zip)
(Name) (Address) (City, State, Zip)
(Name) (Address) (City, State, Zip)
l. How many years has your Company been in business as a contractor under your present
businessname? 11 1/2 vrs
2. List all other prior business names and locations under which you or any partner, principal or
other officer of your company has ever done business:
Pro Electric, INC (1976-2000)
3. How many years' experience in the proposed type and size of construction work has your
Company had: (a) as a general contractor 36 ;(b) as a subcontractor 36?
4. List the three most recent projects your Company has completed similar in scope to the
proposed work:
Proiect Name or City Bunzl
ContactName Aquila- Eric Hall/Brvice Revnolds Phone 816-737-7777
Contract Amount $ 73, 000 When Completed? 1/2008
Description of Work Primarv duct bank
Proiect Name or City Reynolds Aluminum
ContactName Aquila- Eric Hall/Bryce Reynolds phone 816-737-7777
16
Contract Amount $ 255, 000 When Completed? 12/2000
Description of Work Primary duct bank
Proiect Name or City President Hotel
Contact Name JE Dunn Phone ( 816 ) 474-8600
Contract Amount $ z� 434, 000 When Completed? 12/06
Description of Work Primary service and concrete encased duct bank.
5. What other important projects has your Company completed?
ProiectNameorCity Arrowhead Communications
ContactName Turner Construction Phone (816) 283-0555
Contract Amount $ 2. 867, 000 When Completed? 12/2011
DescriptionofWork Low voltage infrastructure for professional sports
facilitv.
ProiectNameorCity Earp Distribution Center
ContactName ARCO National Construction-Tonv Phone(314) 963-0715
Roeschlein
Contract Amount $ 1, 319, 000 When Completed?1/2012
DescriptionofWork Design build refriaerated warehouse truck maintenance
facilitv, office and general site electrical work.
17
ProiectNameorCity Olathe Tech Park
ContactName Steve Karbank Phone (816) 221-4488
Contract Amount $ 4, 000, 000 + When Completed?
DescriptionofWork c:run�fnc. Sokk�a. Farmers, SAFC
Bus�ness Park Development
6. List at least two engineering firms with whom you have worked, and the name of the
individual who was your primary point of contact:
Panethiere S Associates- Mike Panethiere
Lankford & Associates- Greg Findler
7. Have you ever failed to complete any work on a project or defaulted on a contract? If so,
where and why? (attach additional pages if necessary)
No
8. Name of your Surety Company, and the name and address of your agent you expect to use in
the event this contract is awazded to you:
The Guarantee Co. of No Ame U SA
Schifman and Remley Associates 5201 J ohn so n Dr Suite 500 Mission, KS
(913)831-1777
9. What is your present bonding capacity?
Unlimited
] 0. List each and every incidence of failure to perform that resulted in a claim under a
Performance or Payment Bond:
raone
18
1 L The construction experience of the Key Personnel in your Company is required. At a
minimum, information regarding experience and qualifications of the following positions
must be provided: GC Project Manager, On-Site Field Superintendent, QC/QA Manager,
Safety Officer.
NAME Gregory J Ohmes Position Owner
Years of construction experience: 45 years
Magnitude & Type of Work Successful business owner for 36 yrs
In What Capacity? Business Manager/owner
Years of Employment with Contractor: 36 yrs
Other projects this individual will be involved with concurrently with this project:
None— Business relations only
Education, professional registrations, certifications and credentials held by individual
applicable to the Project:
Licensed Master Electrician. Worked in high voltage f or 9 years
before starting Pro Electric.
NAME Larry McKinney Position VP/Field Superinten
Years of construction experience: 41 years
Magnitude&TypeofWork Supervision of up to 100 fieid employees
In What Capacity? Field Superintendent
Years of Employment with Contractor: 33 years
Other projects this individual will be involved with concurrently with this project:
Various
Education, professional registrations, certifications and credentials held by individual
applicable to the Project:
Holds a block master elec license and a master electrical
license in Kansas City, M0. Holds a master electrical license
in 12 other states.
19
NAME Richard Barchak Position PM/Estimator
Years of construction experience: 16
Magnitude&TypeoFWork PM and Foreman on various large projects
InWhatCapacity? Project Manager/General foreman
Years of Employment with Contractor: 9
Other projects this individual will be involved with concurrently with this project:
various
Education, professional registrations, certifications and credentials held by individual
applicable to the Project:
Master Electrical License in Kansas City. Specializes in
industrial, manufacturing projects,design and inst a l lation.
NAME Ray Aguilar Position Field Gener Foreman
Years of construction experience: 30
Magnitude&TypeofWork Field supervisor of large construction crews
In What Capacity? General Foreman
Years of Employment with Contractor: z g
Other projects this individual will be involved with concurrently with this project:
None
Education, professional registrations, certifications and credentials held by individual
applicable to the Project:
Licensed Master Electrician. Hol a 30 hr OSHA certificate.
ARC Flash trainina. Union trained electrician.
20
12. List the major items of equipment which you own or which will be used on the project:
Age in
Ouantitv, Descrintion, & Capacity Years Condition
Rylie providing- RO Truck, track hoe, trencher
13. List below the contracts to which your company, any principal in your company, or any prior
companies owned by a principal in your company were a party during the previous seven (7)
years that involved litigation of any type, arbitration, mechanics lien claim or other claim in
an amount over $10,000 (include pending cases with a notation that the matter is still
unresolved):
n/a
14. On a typical project, what percent of the work is completed by your own forces? 90 %
What percent by subcontract? 1 � %. List subcontractors you propose to use on this
project and their responsibility in this contract.
Subcontractor Name Contract Responsibilitv % of Contract
Rylie Trenchina�shoring, 35%
boring, concrete
setting manholes
I5. Is your Company current on payment of Federal and State income ta�c withholdings and
unemployment insurance payments? � es
Ifthe answer is yes, please provide detail: Taxes are paid on a weekly,
monthlv, and or quarterlv basis. Current to date.
21
16. Has your Company, or any principal in your company, been rescinded or debarred from any
bidding, contractual, procurement or other such programs by federal, state or local entities?
no
If the answer is yes, please provide detail: n/a
17. Has your Company received any written notices of violations of any federal or state
prevailing wage statute in which prevailing wage penalties were assessed against your
Company or paid by your Company during the last two (2) years? no
If the answer is yes, please provide the detail of each and every such notice: n/ a
The undersigned hereby authorizes and requests any person, firm, or corporation to furnish
any information requested by NorthPoint Development in verification of the recitals
comprising this Experience Questionnaire and agrees to hold any such person, firm or
corporation hannless for providing any such information to NorthPoint Development.
Dated on behalf of said Company this 10 day of Aucrust 2012,
By: `W
TitleMana er
Stateof Kansas �
) ss
County of wyandotte )
being duly sworn, deposes and says that he or she is the
of C. Company, that he/she has
been auth rized by such Company to complete the foregoing statement, and that the answers
to the foregoing questions and all statements therein contained are true and corzect.
Subscribed and sworn to me before this i0 day f , 20�a .
LIZ SMITH
Notery Pubtlo
State oF Kan otary Public
MY aPpointrnent e�ire�i�(� .�.�(Q.
zz
Brad Haymond
From: Amy Weber
Sent: Thursday, August 23, 2012 2:59 PM
To: bred@northpointkc.com
��: Richard Barchak
Subject: FW: Verification of Amy Weber
Attachments: 535C-412082311100.pdf
Brad,
Please see attached for verification of my role with Pro Electric, LC.
In April of 2009 I was appointed the Vice President of Pro Electric, LC. As of July 2012, Larry Evanoff resigned as the
President and I became the Sole Manager of Pro Electric, LC. Pro Electric is organized in the State of Kansas as a
disregarded Limited Liability Corporation with its Sole Member (Owner) being GJO Holdings, INC. Gregory J Ohmes is
majority owner of GJO Holdings, INC., but has been removed as Pro Electric's Manager. Since we are organized as an
LC the title of Manager is what would be considered the title of President as if we were a Corporation.
Please let me know if you have any further questions, or need more information.
If the City still does not approve, please advise and I can have Greg sign any documents as need be.
Thanks,
Amy Weber
Manager-Pro Electric
913-621-6611
From: scannerCalorcelect.com Lailto:scanner(a�proelect.coml
Sent: Thursday, August 23, 2012 6:10 AM
To• amyw(alproelect.com
Subject: Message from 35C-4
No virus found in this message.
Checked by AVG - www:av .g com
Version: 2012.0.2197 / Virus Database: 2437/5219 - Release Date: 08/23/12
i
STATEMENT �F UNANIMOUS CONSENT OF A 3PECIAL MEETING
OF TBE 30L14 2�ER OF PRO ELEC'1'RIC, LC
July 5, 2012
In lieu of a Special Meeting of the sole Member of Pro
Electric, LC, a Kansas Limited Liability Company, the sole such
Member (GJO Holdings, Inc. ("GJO Holdings")): hereby adopts the
following resolutions at 5320 Speaker Road, Kansas City, Kansas
66106 and declares them to be in full force and ef£ect as if Chey
were adopted at an avthorized and scheduled Special Meeting of the
Members of Pro Electic, LC.
RESOLVED, that the sole Member of Pro Electric, LC
hereby accepts the resignation of Larry Wayne Evanoff
effective July 5, 2012 from his position as President
of Pro Electric, LC.
FURTHER RESOLVED, that the sole Member oE Pro Electric,
LC hereby accepts the resignation of Gregory J. Ohmea
effective July 5, 2012 from his position as Manager of
Pro Electric, LC.
FURTHER RESOLVEQ, that the sole Member of Pro Electric,
LC hereby unanimously elects Amy Lynn Weber to serve in
the position of Manager of Pro Electric, I.C, with said
service to begin immediately and to continue servinq in
such position until the next Meeting of the Members of
Pro Electric, LC or until her successor is duly elecCed
and qualified.
The foreqoing Consent is hereby unanimously approved
e£fective July 5, 2012 by GJO Holdinqs, Inc., the sole Member of
Pro Electric, LC and acknowledqed by its newly appointed Manager.
Sole Member of Pro Electric, LC:
GJO HOLDINGS, INC.
By
Gre y J Ohmes, President
GJO HOLDINGS, INC.
B � ��S
Lynn W e , Manager
UNANIMOUS C(2NSEPTT OF THE MANAGERS
O�' 3'RO ELECTRIC, LC
EN LIEU OF A SPECIAL NIEETiR'G
The undersigned, being the sole Manager of PRO ELECTRIC, LC, a limited
liability company created and existing under the taw ofthe State of Kansas ("Company"),
does hereby consent to the adoption of and does fiereby adopt the following resolutions,
eff�ective April l, 2009:
RESOLVED, that the following persons be, and are hereby elected to the oftice set
�pposite his or her respective name, to serve in such capaciry at the pleasure of the Board of
Managers until his or her successors are duly elected and qualified:
Name Office
Larry W. Evanoff President
Amy L. Weber Vice-President
iN WI'I7VESS WHEREOF, the undersigned has executed this Consent the day
and year first above Kritten.
.��
' Gr 1. mes
F3EING T}-IE SOLE MANAGER OF PRO E1.ECTR[C. i.0
My commission expires: ��9I�v� �
AFFIDAVIT
(ac required by Section 285.53Q Revised Statu[es of Missouri)
As used in this Affidavit, the following terms shall have the following meanings:
EMPLOYEE: Any person performing 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
progams operated by the United States Deparhnent of Homeland Securiry or an equivalent federal work
authorization program operated by the United States Department of Homeland Securiry to verify information of
newly hired employees, under the Immigation Reform and Conhol Act of 1986 (IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) wi[h respec[ to the person's conduct or to attendant cirwmstances 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 AL1EN: An alien who does not have the legal right or authorization under federal law ro
work in the United States, as defined in S U.S.C. 1324a(h)(3).
State of ��Y� � )
County o ) ss:
BEFORE ME, the undersigned notary, personally appeared a� WP�n�' > who,
being duly swom, states on his/ a• oath or affirmation as follows:
I. My name is W and I am currently the P��w�f
l.G ereinafter "Contractor"), whose business address is
(� and I am authorized to make this Affidavit.
2. I am of sound mind and ca able 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 progam with respect to
the employees working in connection with the following services contracted between Contractor and NorthPoint
Development: Horizons Phase 1 Electrical PROJECT.
4. Contractor does not knowingly employ any person who is an unauthorized 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 working in connection with the contracted
services.
Further, Aftiant saith not.
gnature of Affi nt
Printed Name:
Subscribed and sworn to before me this � y {� 12•
LIZ SMITH
Notary PublfO �ry ublic
State of Kans��
My appointment expires
23
EmployerWizard Page 1 of 1
- �-Verify y� �;�.`
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Welcwme User1D LaalLOgin
Employment Eligibility Verification Amy We�er nweeas3s oa aa PM -oaiovzo,z Log Ou1
Click any � (or help
Home Company Information
My Cases
New Wse
View Cases Company Name: Pro Eleclric, LC VIlW / EOIt
Search Cases Company ID Number: 584355
My Pro(ile Doing Business As �DBA)
EtlilProUle Name:
DUNS Numher: 608764465
Charge Passwortl
Change Security �uestions physical Location: Mailing Address:
my company Atldress 1: 5320 Speaker RD Add�ess 1:
Edit Company Protile Atltlress 2: Address 2:
AOC New User City: Kansas City City:
View Ezisting Users Slate: KS Sla�e:
Zip Cotle: 66106 Zip Code:
CloseComDanyACCOUnt County: WYANDOTTE
MyReports
ViewReports qdditlonelinformatfon:
My Resources Employer Itlentification Number:431917816
View Essential Resaurces Tolal Number oi Employees: 20 to 99
TakeTutpial ParenlOrganization:
ViewUSerManual Administrator:
Organlzatioo DeslgoaHon:
— Contacl Us
Employer Category: None ot these cate9ories apply
NAICS Code: 238-SPECIALTVTRADE CONTR4CTORS VINN/EdR
Total Hiring Sites: 1 Vlsw / Edlt
Total Points of Contact: 2 VIeW / Edlt
-
US Depatlmm�oiMOme�antl5ecunry-wmv.tl�s.gov US.CI�izensniOanElmmigra�ionServices�xww.umis.gov AccessiGliry DownloaOViewers
hrr..o•//A_.,P':A,,,o�;o r....Jo...../F.....1...,0.\ll:-..,.A.,....., oii i�ni�
Page 1 of ]
STATE OF KANSAS
— OFFICE OF
SECRETARY OF STATE
KRIS W. KOBACH
I, KRIS W. KOBACH, Secretary of State of the state of Kansas, do hereby certify, that
according to the records of this office.
Business Entity ID Number: 2935690
Entity Name: PRO ELECTRIC, L.C.
Entity Type: DOM: LTD LIABILITY COMPANY
State of Organization: KS
Resident Agent: LARRY MCKINNEY
Registered Office: ]2032 W. 154TH TERRACE, OVERLAND PARK, KS 66221
was filed in this office on October ] 2, 2000, and is in good standing, having fully complied
with all requirements of this office.
No information is available from this office regarding the financial condition, business
activity or practices of this entity.
8 A In testimony whereof I execute this certificate and affix
� { t the sea] of the Secretary of State of the state of Kansas
on this day of August 08, 2012
i y�� �/ ' ��0�
.�'
+� KRIS W. KOBACH
'�t ,� SECRETARY OF STATE
Certificate ID: 502844 - To verify the validity of this certificate please visit
httns://www.kansas.gov/bess/flow/validate and enter the certificate ID number.
7......... l b........ 1 ........... ...... n.,..... ln,..., /.«..:..7....,....,.:,..._,.'l.. , o io i'ln, �
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Company ID Number: 584355
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OFUNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Pro Electric. LC (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU
explains certain features of the E-Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Empioyer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form I-9}. For covered government contractors, E-
Verify is used to verify the empioyment eligibility of ali newly hired employees and all existing
employees assigned to Federal contracts or to verify the entire workforce if the contractor so
chooses.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (S U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a°Federal contractor with the FAR E-Verify clause") to verify the employment eligibility of
certain employees working on Federai contracts is also found in Subpart 22.18 and in Executive
Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer to
canfirm the accuracy of Social Security Numbers provided by all employees verified under this
MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational problems that
may arise during the Employer's participation in the E-Verify program. SSA agrees to provide
the Empioyer with names, titles, addresses, and telephone numbers of SSA representatives to
be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsibie for the verification of Social Security Numbers and for evaivation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
Page 1 ot 13 � E-Verify MOU for Employer � Revision Date 09/0?/09 www.dhs.gov/E•Verify
�/�ri�y .. � ��� ..:
�,;�,�.�
Company ID Number: 584355
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a}), and SSA
regulations (20 CFR Part 401).
4. SSA agrees to provide a means of automated verification that is designed (in conjunction with
DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of
U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA records as
may be necessary) for employees who contest SSA tentative nonconfirmations that is designed
ta provide final confirmation or nonconfirmation of U.S. citizens' empioyment eligibility and
accuracy of SSA records far both citizens and non-citizens within 10 Federal Government work
days of the date of referral to SSA, unless SSA determines that more than 10 days may be
necessary. in such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operationaf problems that
may arise during the Employer's participation in the E-Verify program. DHS agrees to provide
the Empioyer names, titles, addresses, and telephone numbers of DHS representatives to be
contacted during the E-Verify process.
3. DHS agrees to make avaiiabie to the Employer at the E-Verify Web site and on the E-Verify
Web browser, instructional materials on E-Verify policies, procedures and requirements for both
SSA and DHS, including restrictions on the use of E-Verify. DHS agrees to provide training
materials on E-Verify.
4. DHS agrees to provide to the Empioyer a notice, which indicates the Empioyer's participation
in the E-Verify program. DHS also agrees to provide to the Empioyer anti-discrimination notices
issued by the Office of Special Counsel for Immigration-Related Unfair Empioyment Practices
(OSG), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that permits
the Empioyer to verify information provided by employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of empioyees'
employment eligibility and for evaluation of the E-Verify program, or to such other persons or
entities as may be authorized by applicable law. Information will be used only to verify the
accuracy of Sociai Security Numbers and employment eligibility, to enforce the Immigration and
Page 2 0l t3 � E-Veny MOU for Employer � Revision Dale 09(01/09 www.dhs.gov/E-Verify
�=
erlF �..,4.b���
Company ID Number: 584355
Nationality Act (INA) and Federai criminal laws, and to adminisfer Federal contracting
requirements.
7. DHS agrees to provide a means of automated verification that is designed (in conjunction
with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
employees' empioyment eligibilify within 3 Federal Govemment work days of the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS records as
may be necessary) for employees who contest DHS tentative nonconfirmations and photo non-
match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unfess DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additionai verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices suppiied by DHS in a prominent place that is
clearly visible to prospective empfoyees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
4. The Employer agrees that any Employer Representative who wili perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any queries.
A. The Employer agrees that all Employer representatives will take the refresher tutorials
initiated by the E-Verity program as a condition of continued use of E-Verify.
B. Failure to complete a refresher tutorial will prevent the Employer from continued use
of the program.
5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
• If an empioyee presents a"List B" identity document, the Empioyer agrees to only
accept "List B" documents that
contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be
presented during the Form I-9
process to establish identity.) If an employee objects to the photo requirement for
religious reasons, the Empioyer
should contact E-Verify at 888-464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form 1-766
(Employment Authorization Document) to complete the Form I-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form I-9. The photocopy must be of su�cient quality to allow for verification of the photo
Page 3 of 13 I E-Venfy MOU (or Employer � Revision Dale 09/01/09 www.dhs.govlE•Verify
m , � �a.�,
��1 � '�l :` �II�y
Company ID Number: 584355
and written information. The employer will use the photocopy io verify the photo and to
assist DHS with its review of photo non-matches that are contested by employees. Note
that employees retain the right to present any List A, or List B and List C, documentation
to complete the Form I-9. DHS may in the future designate other documencs that
activate the photo screening tool.
6. The Employer understands that participation in E-Verify does not exempt the Employer from
the responsibility to compiete, retain, and make available for inspection Forms l-9 that relate to
its employees, or from other requirements of applicable regulations or laws, including the
obiigation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form I-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer
has not violated section 274A(a)(1)(A) of the Imm�gration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and empioyment eligibility of
the individuat in good faith compliance with the terms and conditions of E-Verify; (3) the
Employer must notify DHS if it continues to employ any employee after receiving a final
nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each
failure to notify DHS of continued empioyment following a finai nonconfirmation; (4) the
Employer is subject to a rebuttabie presumption that it has knowingly employed an unauthorized
alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after
receiving a final nonconfirmation; and (5) no person or entity participating in E-Verify is civiliy or
criminally liable under any law for any action taken in good faith based on information provided
through the confirmation system. DHS reserves the right to conduct Form i-9 and E-Verify
system compliance inspections during the course of E-Verify, as well as to conduct any other
enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees within 3
Empioyer business days after each employee has been hired (but after the Form I-9 has been
completed), and to complete as many (but only as many) steps of the E-Verify process as are
necessary according to the E-Verify User Manuai, or in the case of Federal contractors with the
FAR E-Verify clause, the E-Verify User Manual for Federal Contractors. The Employer is
prohibited from initiating verification procedures before the employee has been hired and the
Form I-9 completed. If the automated system to be queried is tempora�ily unavailable, the 3-day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period o# unavailability. Employers may
initiate verification by notating the Form I-9 in circumstances where the employee has applied
for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided
that the Employer performs an E-Verify employment verification query using the employee's
SSN as soon as the SSN becomes availabie.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of job
appiicants, in support of any unlawful employment practice, or for any other use not authorized
by this MOU. Employers must use E-Verify for all new employees, unless an Employer is a
Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as
provided in Article II.D, the Employer witl not verify selectively and will not verify employees
hired before the effective date of this MOU. The Employer understands that if the Employer
uses the E-Verify system for any purpose other than as authorized by this MOU, the Employer
Page -0 of 13 � E-Veny t�tOU for Employer � Revison pate 09/01/09 WWw.dhs.gOVIE•V2�ify
\/ riFy {�-. ��
Company ID Number: 584355
may be subject to appropriate legal action and termination of its access to SSA and DHS
information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article IIi, below) regarding
tentative nonconfirmations, inciuding notifying employees in private of the finding and providing
them written notice of the findi�gs, providing written referral instructions to employees, allowing
empioyees to contest the finding, and not taking adverse action against employees if they
choose to contest the finding. Further, when employees contest a tentative nonwnfirmation
based upon a photo non-match, the Employer is required to take affirmative steps (see Article
III.B. beiow) to contact DHS with information necessary to resolve the chailenge.
10. The Employer agrees not to take any adverse action against an employee based upon the
empioyee's perceived employment eligibility status while SSA ar DHS is processing the
verification request uniess the Employer obtains knowledge (as de�ned in 8 C.F.R. § 274a.1(I))
that the empioyee is not work authorized. The Employer understands that an initial inability of
the SSA o� DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additionai time for the
government to resolve a case), or the finding of a photo non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he ar she does so, the empioyee may not be terminated or suffer any adverse
empioyment consequences based upon the employee's perceived employment eligibility status
(incfuding denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non-match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a fi�al noncanfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Empioyer agrees to compiy with Title VII of the Civii Rights Act of 1964 and section
274B of the INA, as applicable, by not discriminating unlawfully against any individual in hiring,
Tiring, or recruitment or referrai practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her
citizenship status. The Emp�oyer understands that such iilegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire empioyees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair immigration-
related employment practices provisions in section 274B of the INA could subject the Employer
to civii penalties, back pay awards, and other sanctions, and violations of Title VII couid subject
the Employer to back pay awards, compensatory and punitive damages. Violations of either
section 2746 of the INA or Title VII may also lead to the termination of its paRicipation in E-
Verify. If the Empioyer has any questions relating to the anti-discrimination provision, it should
contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
Page 5 of 73 � E-Verify MOU tor Employer � Revision Da(e 09l01/09 www.dhs.govlE-Verify
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Company ID Number: 584355
12. The Employer agrees to record the case verification number on the employee's Form i-9 or
to print the screen containing the case verification number and attach it to the employee's Form
i-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant
to E-Verify and this MOU oniy to confirm the employment eligibility of employees as authorized
by this MOU. The Employer agrees that it will safeguard this information, and means of access
to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as
necessary to protect its confidentiality, including e�suring that it is not disseminated to any
person other than employees of the Employer who are authorized to perform the Employer's
responsibilities under this MOU, except for such dissemination as may be authorized in advance
by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is governed by
the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)),
and that any person who obtains this information under false pretenses or uses it for any
purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compiiance monitoring and
evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to review
Forms I-9 and other employment records and to interview it and its employees regarding the
Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS requests
for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE PAR E-VERIPY CLAUSE
1. The Employer understands that if it is a subject to the employment verification terms
in Subpart 22.18 of the FAR, it must verify the empioyment eligibiliiy of any existing employee
assigned to the contract and all new hires, as discussed in the Supplemental Guide for Federal
Contractors. Once an employee has been verified through E-Verify by the Employer, the
Empioyer may not reverify the employee through E-Verify.
a. Federal contractors with the FAR E-Verity clause agree to become familiar with and
compiy with the most recent versions of the E-Verify User Manual for Federal Contractors and
the E-Verify Supplemental Guide for Federal Contractors.
b. Federal contractors with the FAR E-Verify clause agree to complete a tutorial for
Federal contractors with the FAR E-Verify clause.
c. Federal contractors with the FAR E-Verify ciause not enroiled at the time of contract
award: An Empioyer that is not enrolled in E-Verify at the time of a contract award must enroll
as a Federal contractor with the FAR E-Verify ciause in E-Verify within 30 calendar days of
contract award and, within 90 days of enrolime�t, begin to use E-Verify to initiate verification of
empioyment eligibility of new hires of the Employer who are working in the United States,
whether or not assigned to the contract. Once the Employer begins verifying new hires, such
verification of new hires must be initiated within 3 business days after the date of hire. Once
enrol�ed in E-Verify as a Federal contractor with the FAR E-Verify clause, the Employer must
initiate verification of employees assigned to the contract within 90 calendar days from the time
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of enrollment in the system and after the date and selecting which employees will be verified in
E-Verify or within 30 days of an empioyee's assignment to the contract, whichever date is later.
d. Empioyers that are already enrolied in E-Verify at the time of a contract award but are
�ot enrolied in the system as a Federal contractor with the FAR E-Verify clause: Employers
enroiled in E-Verify for 90 days or more at the time of a contract award must use E-Verify to
initiate verification of employment eligibility for new hires of the Employer who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of
hire. Empioyers enrolled in E-Verify as other than a Federal contractor with the FAR E-Verify
ciause, must update E-Verify to indicate that they are a Federal contractor with the FAR E-
Verify ciause within 30 days after assignment to the contract. If the Employer is enrolled in E-
Verify for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enroliment, begin to use E-Verify to initiate verification of new hires of the contractor
who are working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Employer
enrolled as a Federal contractor with the FAR E-Verify clause in E-Verify must initiate
verification of each empioyee assigned to the contract within 90 calendar days after date of
contract award or within 30 days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, locai and tribal governments and sureties:
Federai contractors with the FAR E-Verify ciause that are institutions of higher education (as
defined at 20 U.S.C. 1001(a)), State or focai governme�ts, governments of Federally recognized
indian tribes, or sureties performing under a takeover agreement entered into with a Federal
agency pursuant to a performance bond may choose to only verify new and existing employees
assigned to the Federal contract. Such Federaf contractors with the FAR E-Verify clause may,
however, elect to verify all new hires, and/or all existing employees hired after November 6,
1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes
for initiating employment verification of employees assigned to a contract apply to such
institutions of higher education, State, locai and tribal govemments, and sureties.
f. Verification of ali ernployees: Upon enroliment, Employers who are Federal contractors
with the FAR E-Verify dause may etect to verify employment eligibility of all existing employees
working in the United States who were hired after November 6, 1986, instead of verifying only
new employees and those existing employees assigned to a covered Federal contract. After
enroliment, Employers must elect to do so only in the manner designated by DHS and initiate E-
Verify verification of ail existing employees within 180 days after the election.
g. Form I-9 procedures for existing employees of Federal contractors with the FAR E-
Verify clause: Federal contractors with the FAR E-Verify cfause may choose to compiete new
Forms I-9 for all existing employees other than those that are completely exempt from this
process. Federal contractors with the FAR E-Verify ciause may also update previously
completed Forms I-9 to initiate E-Verify verification of existing empioyees who are not
completely exempt as long as that Form I-9 is complete (including the SSN), complies with
Articie If.C.5, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form I-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form I-9 for work
authorization has not changed (including, but noi limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine thaf the Form
Page 7 of 13 � E-Verify MOU for Employer � Revis�on Qate 09/01/09 urww.dhs.gov/E-Verify �
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Company ID Number. 584355
i-9 compiies with Artic)e II.C.5, 'rf the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete,
the Employer shali complefe a new I-9 consistent with Article II.C.S, or update the previous I-9
to provide the necessary information. If section 1 of the Form I-9 is othervvise valid and up-to-
date and the form othenvise complies with Article II.C.S, but reflects documentation (such as a
U:S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tool described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the Supplemental Guide for Federai Contractors.
Nothing in ttiis section shall be construed to require a second verification usi�g E-Verify of any
assigned employee who has previously been verified as a newly hired empioyee under this
MOU, or to authorize verification of any existing employee by a�y Employer that is not a Federal
contractor with the FAR E-Verify ciause.
2. The Employer understands that if it is a Federal contractor with the FAR E-Verify clause, its
compliance with this MOU is a performance requirement under the terms of the Federal
contract or subcontract, and the Empioyer consents to the release of information relating to
compliance with its verification responsibilities under this MOU to contracting o�cers or other
officials authorized to review the Employer's compliance with Federal contracting requirements.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a te�tative nonconfirmation issued by SSA, the Employer must print
the notice as directed by the E-Verify system and provide it to the employee so that the
employee may determine whether he or she will contest the tentative nonconfirmation. The
Employer must review the tentative nonconfirmation with the employee in private.
2. The Employer will refer employees to SSA field offices only as directed by the automated
system based an a tentative nonconfirmation, and only after the Employer records the case
verification number, reviews the input to detect any transaction errors, and determines that the
employee contests the tentative nonconfirmation. The Employer will transmit the Social Security
Number to SSA for verification again if this review indicates a need to do so. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possi6le
after the Employer receives it.
3. if the employee contests an SSA tentative nonconfirmation, the Employer wilt provide the
employee with a system-generated referral letter and instruct the empioyee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federai Government work days of the referral unless it
determines that more than 1 D days is necessary. The Employer agrees to check the E-Verify
system regulariy for case updates.
4. The Employer agrees not to ask the empioyee to obtain a prinfout from the Social Security
Number database (the Numident) or other written verification of the Social Security Number
from the SSA.
� Page 8 of 13 � E-Verify MOU for Employer � Revision Dale 09l01f09 www.dhs.govlE-Verify
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Company ID Number: 584355
8. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DNS, the Employer must print
the tentative nonconfirmation notice as directed by the E-Verify system and provide it to the
empioyee so that the empioyee may determine whether he or she will contesi the tentative
nonconfirmation. The Employer must review the tentative nonconfirmation with the employee in
private.
2. If the Empioyer finds a photo non-match for an employee who provides a document for which
the automated system has transmitted a photo, the empioyer must print the photo non-match
tentative nonconfirmation notice as directed by the automated system and provide R to the
employee so that the employee may determine whether he or she wiil contest the finding. The
Employer must review the tentative nonconfirmation with the employee in private.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest
a tentative nonconfirmation received from DHS automated verification process or when the
Emp�oyer issues a tentative nonconfirmation based upon a photo non-match. The Employer will
determine whether the employee contests the tentative nonconfirmation as soon as possible
after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referrai letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referrai letter) within 8 Federal Govemment work days�
5. If the empioyee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referrai letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federai Govemment work days of the referrel
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system reguiariy for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a
photo non-match, the Employer will send a copy of the employee's Form I-551 or Form I-766 to
DHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by an express maii account (paid for at
employer expense}.
7. If the Employer determines that there is a photo non-match when comparing the photocopied
List B document described in Article II.C.5 with the image generated in E-Verify, the Employer
must forward the employee's documentafion to DHS using one of the means described in the
preceding paragraph, and allow DHS to resolve the case.
ARTICLE IV
SERYICE PROVISIONS
Page 9 of 13 � E-Verify MOU for Empioyer � Rev�sion Dale D9I01l09 www.dhs.gov/E-Verify
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Company ID Number: 584355
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access E-
Verify, an Employer will need a personai computer with Internet access.
ARTICLE V
PARTiES
A. This MOU is effective upon the signature of all parties, and shali continue fn effecf for as long
as the SSA and DHS conduct the E-Verify program uniess modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, wiil be covered under this MOU and will not cause the need for a suppiemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manuat, the E-Verify User Manual for Federal Contractors or the E-Verify Supplemental Guide
for Federal Contractors. Even without changes to E-Verify, DHS reserves the right to require
employers to take mandatory reftesher tutorials. An Employer that is a Federal contractor with
the FAR E-Verify ciause may terminate this MOU when the Federal contract that requires its
participation in E-Verify is terminated or completed. in such a circumstance, the Federai
contractor with the FAR E-Verify ciause must provide written notice to DHS. If an Employerthat
is a Federal contractor with the FAR E-Verffy ciause fails to provide such notice, that Empioyer
wiil remain a participant in the E-Verify program, will remain bound by the terms of this MOU
that apply to participants that are not Federal contractors with the FAR E-Verify clause, and wiii
be required to use the E-Verify procedures to verify the employment eligibility of all newly hired
employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that fhere has been a b�each of system integrity or security by the Empioyer, or a failure
on the pan of the Empioyer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federai contractor with the FAR E-Verify clause, termination
of this MOU by any party for any reason may negatively affect its performance of its confractual
responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perForm
its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, o�cers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising out
of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom,
including (but not limited to) any dispute beiween the Employer and any other person or entity
Page 10 of 13 � E-Venfy MOU for Employer � Rewsion Dale 09/01/03 www.dhs.gov(E•Verify
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Company ID Number: 584355
regarding the appiicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by
the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or required by law and DHS or SSA policy,
including but not limited to, Congressionai oversight, E-Verify pubiicity and media inqufries,
determinations of compiiance with Federal contractual requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
H. The individuais whose signatures appear below represent that they are authorized to enter
into this MOU on behalf of the Employer and DHS respectively.
Page 11 0� 13 � E-Venly MOU for Employer � Revision Date 09lOtl09 www.dhS.goVlE-Vefify
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Company ID Number: 584355
To be accepted as a participant in E-Verify, you should oniy sign the Employer's Section
of the signature page. ff you have any questions, contact E•Verify at 888-464-4218.
mpioyer Pro Electric, LC
m Weber
ame (Please Type or Prinq � ��e
/ectronical/ Si ned 7/23/2012
ignaWre e � e —
epartment of Homeland Security— Verification Division
SCIS VeriFication Division
ame (Please Type or Prinl) iUe
Electronicall Si ned T/23/2012
ignaWre ata
fnformation Required for the E-Verify Program •
Information relatin to our Com an :
Com an Name: ro Electric, LC
Com an Facili Address: 320 Speaker RD
ansas City, KS 66106 �
I
Company Alternate
Address:
Count or Parish: ANpOTTE
Employer lde�tification
_ Number: 31917816 _ _ _
Paqe 12 0( 13 � E-Venfy MOU for Employer � Revison Dale 09/Ot/09 www.dhs.gov/E-Verify
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Company ID Number: 584355
North American Industry
Classification Systems
Code: 38
Administrator:
Number of Em lo ees: o to s9
Number of Sites Verified
for:
re you verifying for more than 1 site? If yes, please provide the number of sites verified for
'n eac6 State:
KANSAS 1 sile(s)
Information reiating to the Program Adminisfrator(s) for your Company on policy
questions or operationai probiems:
Name: Amy L Weber
Tclephone Number: (913) 621 - 66] I Fax Number. (913) fi2l - 0643
E-mail Address: amyw�`ayproelect.com �
iQame: Liz Smith
Telephonc Number: (913) 621 - 6611 Fax Number: (913) 621 - 0843
E-mail Address: � lizs@proelectcom
Page 73 oi 13 � E-Verity MOU for Employer � Revision Date 09/OV09 www.dhs.govlE-Verify
*PLEASE NOTE: Acceptable rnrolimem and participa[ion documemation consisLS of [he Following 2 pages of the E-VeriTy Memorandum of
Understanding: (1) a valid, compleled copy of the first page identifying the Con[mc[or, and (2) a valid copy oT the si�awre page completed and
signed by the Con[rnctor, and [he Depanmrnt of Homeland Security - Verification.
AGREEMENT
BETWEEN
NORTHPOINT DEVELOPMENT, LLC AND
�� ��;c, c�.
FOR
COMPLETION OF
HORIZONS PHASE I ELECTRICAL
Third Party Bene£ciaries:
City of Riverside, Missouri
And
The Industrial Development Authority of the City of Riverside, Missouri
CONTRACTOR: 1 �(U � �C.'CYl C ��
CONTRACT PRICE: � Z� ,�IS
24
AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT AND CONTRACTOR
� 1� �('� \— �`{� "�V�Ca' PROJECT
_,�_ 13 .� v�eyn�_
THIS AGREEMENT, made and entered into as of the � day of Z,
� 012, by and between NorthPoint Development, LLC ("NorthPoinY') and
�(�yj � � ("Contractor"), shall govern all Work to be provided by
Contractor for NorthPoint o� ect.
WHEREAS, NorthPoint desires to enter into an agreement with Contractor to obtain
labor, services, materials, supplies, tools, equipment, supervision, management, and other items
as set forth in this Agreement; and
WHEREAS, Contractar 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 IS HEREBY AGREED by NorthPoint and Contractor as follows:
ARTICLE I
DEFINITIONS
As used in this Agreement and the other Contract Documents, the following words and
phrases shall mean:
A. "Contractor" A person, firm, or corporation with whom the contract is made by the
City.
B. "NorthPoint DevelopmenY' or "Nor[hPoinY' is NorthPoint Development, LLC
C. "City" The City of Riverside, Missouri.
D. "City Administrator" That person designated by the City as the City Administrator.
E. "Engineer" The following Consulting Engineer:
Rvan Dugdale-Olsson Associates
F. "ProjecY' The building, facility, and/or other improvements for which Contractar is
to provide Work under this Agreement.
G. "Project Manager" The following project manager engaged by the NorthPoint to
manage the project on behalf of the City: Brad Havmond-NorthPoint Development
H. Subcontractor" A person, firm or corporation supplying labor and materials or only
labor far the work at the site of the project for, and under separate contract or ageement with the
Contractor.
25
I. "Substantial Completion" The stage in the progress of the Work where the Work or
designated portion is sufficiently complete in accordance with the Contract Documents so that
NorthPoint can occupy or utilize the Work for its intended use.
J. "Work" or "Work on the ProjecY' Work to be performed at the location of the
project, including the transportation of materials and supplies to or from the location of the
project by employees of the Contractor and any Subcontractor. Work shall include all labor,
services, materials, supplies, tools, equipment, supervision, management, and anything else
necessary to accomplish the results and objectives described in Ea�hibit D(Scope of Work) and
Exhibit E(Technical Specifications) to this Agreement 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 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,
NorthPoint, or others.
K. "Written Notice" Any notice delivered hereunder and the service thereof shall be
deemed completed when sent by certified or registered mail to the other party at the address set
forth herein, or delivered in person to said party or their authorized representative on the work.
ARTICLE II
THE PROJECT AND THE WORK
A. Conh�actor shall provide and pay for all Work for the Project.
B. Contractor represents that it has evaluated and satisfied itself as to all conditions
and limitations under which the Work is to be performed, including, without limitation, (1) the
location, condition, layout, and nature of the Project site and surrounding azeas, (2) generally
prevailing climatic conditions, (3) labor supply and costs, and (4) availabiliry 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.
C. The Engineer shall act as NorthPoinYs representative during the construction period,
shall decide questions which may arise as the quality and acceptability of materials fumished and
work performed, and shall interpret the intent of the contract documents in a fair and unbiased
manner. The Engineer may recommend, but cannot approve Change Orders resulting in an
increase in time of performance or payments due to Contractor. The Engineer will make visits to
the site and detennine if the Work is proceeding in accordance with the Contract Documents.
The Contractor will be held strictly to the intent of the Contract Documents in regard to the
quality of materials, workmanship, and execution of the Work. Inspections may be at the factory
or fabrication plant of the source of the materia] supply. The Enaneer will not be responsible for
the construction means, controls, techniques, sequences, procedures or construction safety.
D. Contractor may be fumished addirional inshvctions and detail drawings by the
Engineer, as necessary to carry out the Work required by the Contract Documents. The
26
additional drawings and instructions thus supplied will become a part of the contract drawings,
the Contractor shall cany out the Work in accordance with the additional detail drawings and
instructions.
ARTICLE III
CONTRACT AMOUNT
A. The parties acknowledge that this is a lump sum project. The lump sum amount shall
include, but not be limited to, all costs, permit fees, profit, overhead, supervision, labor,
materials, equipment, taxes, permits, utilities, insurance, bunds, expenses, taxes, and
compensation of every kind related to the Work, and shall be referred to as the "Contract
Amount." The Contractor shall deliver to the NorthPoint a complete functioning finished
product, usable for the purpose intended for all construction areas described in the scope of work
for the Contract Amount stated herein.
B. 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,
NorthPoint shall pay Contractor the lump sum Contract Amount of
�� � o Dollars
($ i,k�? 3.
C. Contractor's lump sum bid shall include unit pricing on specified project quantities.
Such unit pricing shall only be used for the purpose of calculating any amounts due to Contractor
if NorthPoint modifies the scope oF work resulting in a change in the amount of Work to be
performed under the Contract.
ARTICLE IV
PROGRESS OF WORK /SUBMITTALS
A. COMMENCEMENT OF WORK. The date ofbeginning and the time for
completion of the work are essential conditions of the Contract Documents. Contractar shall
commence performance of the Work on the date indicated in a written notice ("Notice to
Proceed") that shall be given by NorthPoint to Contractor.
B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as
defined in Article I hereof, not later than 55 calendar days after the date set forth in the Notice to
Proceed for commencement of performance of the Work. The Contractor will proceed with the
work at such rate of progress to insure full completion within the contract time. It is expressly
understood and agreed, by and between the Contractor and NorthPoint , that the contract time for
the completion of the work described herein is a reasonable time, taking into consideration the
average climatic and economic conditions and other factors prevailing in the locality of the
Work. No extensions will be granted, except in case of unusual (unseasonable) weather
conditions or additional work requested by NorthPoint under Change Order. Following
Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as
27
promptly as permitted by weather conditions or any other conditions affecting completion of the
Work.
C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substanrial Completion
of all the Work as set forth in the Contract Documents, Contractor shall pay NorthPoint $200.00
per day, as liquidated damages and not as a penalty, for each calendar day after such date, until
Substantial Completion of all the Work is achieved. Contractor agrees that the sum of $200 per
day is a fair and reasonable approximation of the actual damages incurred by NorthPoint and/or
the City for the Contractor's failure to complete the project within the time outlined above and
that such liquidated damages in this section aze not penal in nature but rather the parties' attempt
to fairly quantify the actual damages incurred by NorthPoint and/or the City for such delays.
Recovery of liquidated damages is not Nortl�Point's exclusive remedy for Contractor's failwe to
achieve Substantial Completion in accordance with this Agreement. Specifically, but without
limitation, NorthPoint ay exercise any of its default or termination rights under this Agreement
under all circumstances described herein, including but not limited to Contractor's failure to
achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not be
charged with liquidated damages or any excess cost when the delay in completion of the Work is
due to unforeseen causes beyond the control and without the fault or negligence of the
Contractor, including but not restricted to, acts of God, or the public enemy, acts of another
Contractor in the perfonnance of a contract with NorthPoint , fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the
Contractor has given written notice of such delay to the City within five (5) days of the event
causing such delay.
D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work
and any other Contractor obligations under the Contract Documents. Contractor shall upon
commencement of construction work daily to complete the Work except for Saturdays, Sundays,
holidays, and days of inclement weather. 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 Saturday, Sunday, holidays or days of
impending inclement weather.
E. CONSTRUCTION SCHEDULE. Promptly after the execution of tlus Agreement,
and in any event before commencing performance of the Work, Contractor shall submit to
NorthPoint for approval a construction schedule that specifies the dates on which Contractor
plans to begin and complete various parts of the Work, including dates on which information and
approvals are required from NorthPoint . Upon NorthPoint's written approval of the schedule,
Contractor shall comply with it unless directed by NorthPoint to do otherwise. Contractor shall
update the schedule on a monthly basis or at more frequent appropriate intervals if required by
the conditions of the Work and the Project. With each Application for Payment under Article VI
of this Agreement, Contractor shall submit an updated, current schedule. Neither the original
schedule nor any update shall exceed time limits for the entire Project under the Contract
Documents.
F. PHOTOGRAPHS OF PROJECT. The Contractor shall fiunish photographs of the
project site in the number, type, and stage as enumerated below:
28
1. Duct bank install
2. Light pole install
G. DELAY IN PERFORMANCE. In the event the Project Manager and/or the City
Administrator determines that performance of the Work is not progressing as required by the
Contract Documents or that the Work is being unnecessarily delayed or will not be finished
within the prescribed time, the Project Manager and/or the City Administrator may, in the Project
Manager and/or the City Adminstrator's sole discretion and in addition to any other right or
remedy NorthPoint may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such accelerarion shall continue until the progress of the Work complies
with the Contract Documents and cleazly indicates that all Work will be completed within the
prescribed time.
H. SUSPENSION OF WORK. NorthPoint may suspend the work or any portion
thereof for a period of not more than ninety (90) days or such fiuther time as ageed upon by the
Contractor, by written notice to the Contractor which shall fix the date on which work shall be
resumed. The Contractor will resume that work on the date so fixed. The Contractor will be
allowed an increase in the contract price or an extension of the contract fime, or both, directly
attributable to any suspension
I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and
specifications is that the Contractor shall furnish all labor, materials, tools, equipment and
transportation necessary for the proper execution of the work in accordance with the Contract
Documents and all incidental work necessary to complete the project in an acceptable manner,
ready for use, occupancy or operation by NorthPoint. In case of conflict between the drawings
and specification, the specification shall govem. Figure dimensions on drawings shall govern
over general drawings. Any discrepancies found between the drawings and specificarions and
site condirions or any inconsistencies or ambiguities in the drawings or specifications shall be
immediately reported to the Engineer in writing, who shall promptly correct such inconsistencies
or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies,
inconsistencies or ambiguities shall be done at the Contractor's risk.
J. SHOP DRAWINGS. Contractor shall submit to Engineer for review all shop
drawings, samples, product data, and similar submittals required by the Contract Documents.
Contractor shal] be responsible to NorthPoint for the accuracy and conformity of its submittals to
the Contract Documents. Shop drawings shall beaz the Contractor's certificarion that it has
reviewed, checked and approved the shop drawings and that they are in conformance with the
requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to
NorthPoint in a manner consistent with the construction schedule and in such time and sequence
so as not to delay performance of the Work. Portions of the work requiring a shop drawing or
sample submission shall not begin until the shop drawing or submission has been reviewed by
the Engineer. Review 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 NorthPoint specifically authorizing such deviation, substitution, or
change. When submitted for the Engineer's review, any shop drawing which substantially
deviates from the requirement of the Contract Documents shall be evidenced by a Change Order.
If the Contract Documents do not contain submittal requirements pertaining to the Work,
29
Contractor agrees upon request to submit in a timely fashion to NorthPoint for review by
Engineer any shop drawings, samples, product data, manufacturers' literature, or similaz
submittals as may reasonably be required by NorthPoint. Contractor shall perform all Work
strictly in accordance with approved submittals. Engineer's review does not relieve Contractor
from responsibility for defective work resulting from errors or omissions of any kind on the
reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order
by the Contractor at the site and shall be available to the Engineer.
K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as
otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for
all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary
construction of any nature, and all other services and facilities of any nature whatsoever
necessary to execute, complete, and deliver the work within the specified time. Materials and
equipment shall be so stored as to insure the preservation of their quality and fitness for the
work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied,
installed, connected, erected, used, cleaned and condirioned as directed by the manufachuer.
Material, supplies and equipment shall be in accordance with samples submitted by the
Contractor and approved by the Engineer. Materials, supplies or equipment to be incorporated
into the work shall not be purchased by the Contractor or by any Subcontractor subject to a
chattel mortgage or under a conditional sale contract or other agreement by which an interest is
retained by the seller. -
L. INSPECTION AND TESTING OF MATERIALS: All materials and equipment
used in the construction of the project shall be subject to adequate insp�c6an and testing in
accordance with generally accepted standards, as required and defined in the Contract
Documents. The Contractor shall provide at the Contractor's expense the tesfing and inspection
services required by the Contract Documents. NorthPoint shall provide all inspecrion and
testing services not required by the Contract Documents. If tlie Contract Documents, laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction require any
work to specifically be inspected, tested or approved by someone other than the Contractor, the
Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the
Engineer the required certificates of inspection, tesfing approval. Inspections, tests or approvals
by the Engineer or others shall not relieve the Contractor from the obligation to perform the work
in accordance with the requirements of the Contract Documents. The Engineer and NorthPoinYs
representatives will at all times have access to the work. In addition, authorized representatives
and agents of any participating Federal or State agency shall be permitted to inspect all work,
materials, payrolls, records or personnel, invoices of materials and other relevant data and
records. The Contractor will provide proper facilities for such access and observation of the work
and also for any inspection or testing thereof.
If any work is covered prior to inspection by the Engineer it must, if requested by
the Engineer, be uncovered for the Engineer's observation and replaced at the Contractor's
expense. If the Engineer considers it necessary or advisable that covered work be inspected or
tested by others, the Contractor, at the Engineer's request, will uncover, expose or otherwise
make available for observation, inspection or testing as the Engineer may require, that portion of
30
the work in question, furnishing all necessazy labor, materials, tools and equipment.
M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises
all work rejected by the Engineer for failure to comply with the contract documents, whether
incorporated in the construction or not, and the Contractor shall promptly replace and re-execute the
work in accordance with the contract documents and without expense to the owner and shall bear the
expense of making good all work of other Contractors destroyed or damaged by such removal or
replacement. All removal and replacement work shall be done at the Contractor's expense. If the
Contractor does not take action to remove such rejected work within ten (10) days after receipt of
written notice, the City may remove such work and store the materials at the expense of the
Contractor.
N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is
identified on the drawings and specifications by referenced to btand name or catalog nuxnbers, it
shall be understood that this is referenced for the purpose of defining the performance or other
salient requirements and that other products of equal capacitates, quality and function shall be
considered. The Contractor may recommend the substitution of material, article or piece of
equipment of equal substance and funcrion for those referred to in the Contract Documents by
referenced to brand name or catalog number, if, in the opinion of NorthPoint, such material,
article or piece of equipment is of equal substance function to that specified, NorthPoint may
approve its substitution and use by the Contractor. Any cost differential shall be deductible from
the contract price and the Contract Documents shall be appropriateIy modified by Change Order.
The Contractor warrants that if substitutes aze approved, no major changes in the function or
general design of the project will result. Incidental changes or extra cotnponent parts required to
accommodate the substitute will be made by the Contractor without a change in the contract
price or contract rime.
O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, NorthPoint
shall obtain all lands and rights-of-way necessary for the carrying out and complerion of Work to
be performed pursuant to the Contract Docuxnents, unless otherwise mutually agreed by the
Contractor and NorthPoint, in writing. NorthPoint shall provide to Con4ractor information which
delineates and describes the lands owned and right of way acquired.
P. SURVEYS, PERMITS AND REGULATIONS. NorthPoint shall furnish a11
boundary surveys and establish all base lines for locating the principal component parts of the
work together with a suitable number of bench marks adjacent to the work as shown in the
Contract Documents. From the information provided by NorthPoint , unless otherwise specified
in the Contract Documents, the Contractor shall develop and make all detail surveys needed for
construction such as slope stakes, batter boards, stakes for pipe locations and other working
points, lines, elevations and cut sheets.
The Contractor shall carefully preserve bench marks, reference points and stakes
and, in case of willful or cazeless destruction, shall be charged with the resulting expense and
shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance.
Permits and licenses of temporary nature necessary for the prosecurion of the work
shall be secured and paid for by the Contractor unless otherwise stated in the supplemental
3]
general conditions. Permits, licenses and easements for permanent structures or permanent
changes in existing facilities shall be secured and paid for by NorthPoint, unless otherwise
specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and
regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes
that the Contract Documents are at variance therewith, the Contractor shall promptly norify
NorthPoint in writing, and any necessazy changes shall be adjusted as provided in Article VII
changes in the work.
Q. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become
familiaz with the Project site and the conditions under which work will have to be performed
during the construction period prior to bidding. The Contractor shall promptly, and before such
condirions are disturbed (excepting an emergency), notify NorthPoint by written notice of
subsurface or latent physical conditions at the site differing materially from those indicated in the
Contract Documents. Contractor shall also be required to notify NorthPoint of any unknown
physical conditions at the site of unusual nature, differing materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for in the
Contract Documents at the location of the Project. NorthPoint shall investigate the conditions,
and if it is found that such conditions do so materially differ and cause an increase or decrease in
the cost of, or in the time required for, performance of the Work, the Contract Documents may
be modified by Change Order as provided in Article VII.
R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the
work. The Contractor will be solely responsible for the means, methods, techniques, sequences
and procedures of construcrion. The Contractor will employ and inaintain on the work a qualified
supervisor or superintendent who shall have been designated in writing by the Contractor or the
Contractor's representative at the site. The supervisor shall have full authority to act on behalf of
the Contractor and all communications given to the supervisor shall be a binding as if given to
the Contractor. The supervisor shall be present on the site at all times as required to perform
adequate supervision and coordination of the work.
ARTICLE V
CONTRACT DOCUMENTS
A. The following documents, and any other documents that aze attachedto,
incorporated by reference into, or otherwise included in them, and all Change Orders, form the
entire agreement between NorthPoint and Contractor, and aze the Contract Documents:
1. INFORMATION FOR BIDDERS
2. EXPERIENCE QUESTIONNAIRE
3. AFFIDAVIT OF WORK AUTHORIZATION
4. This AGREEMENT BETWEEN NORTHPOINT AND CONTRACTOR
5. PERFORMANCE BOND
6. PAYMENT BOND
32
7. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF
LABORSTANDARDS
8. SCOPE OF WORK
9. TECHNICAL SPECIFICATIONS and DRAWINGS
10. BID FOR LUMP SUM CONTRACTS WITH UNIT PRICING
B. Contractor represents that it has examined and become familiaz with the Contract
Documents in their entirety, that any and a11 ambiguities, inconsistencies, and conflicts observed
by Contractor have been called to NorthPoinY s attention in writing and have been resolved in
writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract
Documents, making it impossible for Contractor to comply with all provisions of the Contract
Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all
provisions of all Contract Documents. In case of actual conflict, Contractor shall notify
NorthPoint of the conflict in writing and then sha11 comply with such provisions of the Contract
Documents as City directs.
ARTICLE VI
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide
NorthPoint with a schedule of values dividing the Work, and the Contract .4inount, into
workable categories in a form acceptable to NorthPoint. Each application for payment sha11 be
based upon the percentage of actual completion of each category, multiplied by the dollar value
of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor
shall submit an Application for Partial Payment to the Engineer. In addition to the amount of
payment requested in the Application for Partial Payment, each application shall list the original
Contract Amount, the amount Contractor has invoiced NorthPoint to date, the amount Contractor
has received to date, total additions to and deletions from the Contract Amount pursuant to
approved Change Orders, and an itemization of any further additions to or deletions from the
Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and
supplier whom Contractor intends to pay from the requested payment and shall state the amount
Contractor intends to pay each, such Subcontractor and supplier. An Application shall not include
a request for payment for any portion of the Work that was performed or furnished by a
Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier
from such payment, nor shall the Application include a request for payment for any Work
performed deemed unsatisfactory by NorthPoint. Contractor shall include with each Application
all supporting documentation as NorthPoint may require. The NorthPoint sha11, within fifteen
(15) days, review and approve such Application, or return the Application to the Contractor
indicating in writing the reasons for refusing to approve payment. In the latter case, the
Contractor may make the necessary corrections and resubmit the Application. Within fifteen
(15) days of its receipt of payment from NorthPoint, Contractor shall pay all subcontractors and
suppliers to whom payment is owed from the amount paid to Contractor.
33
C. All payments under this Agreement shall be made only upon the approval of
Engineer, City Administrator, and Project Manager. Engineer shall review each application for
payment and certify for payment such amounts as Engineer determines are due Contractor. From
the total amount certified, Engineer shall withhold five percent (5%) as retainage until
completion and acceptance of the Work. The five percent (5%) retainage may be reduced by
Change Order if completion and acceptance of the Work is delayed due to valid circumstances
and the Work is usable for its intended purpose by the NorthPoint. If reduction in the retainage
is approved, the remaining retainage shall be an amount equal to or greater than 200% of the
estimated amount necessary to complete the Work.
D. NorthPoint, upon presentation of such certificate, shall prepaze a check for the sum
certified to be due (exclusive of retainage),
E. Neither Project Manager, City Administrator, or Engineer's approval certificate nor
payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall
remain obligated to perform all Work in accordance with the Contract Documents.
F. 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 NorthPoint. NorthPoint may, at its option, also require a similar receipt and release
of claims and rights from each Subcontractor or supplier performing any Work, prior to making
any payxnent to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a
form approved by NorthPoint and shall indicate that (except for retainage) all debts for work
perfonned or materials supplied included on any previous payment application to NorthPoint
from Contractor have been sarisfied and that the Subcontractor or supplier waives and releases
any and all claims or rights in connection therewith.
G. Contractor shall not be enritled to final payment for the Work unril Contractor
submits an application for final payment, all requirements of the Contract Documents aze
complied with, and Engineer issues his or her certificate to that_effect. The Engineer's
Certificate of Acceptance will be on the form attached hereto as Exhibit J. NorthPoint, within
thirty (30) days after the delivery of Engineer's certificate, shall pay Conh all remaining
funds which Contractor is due under this Agreement.
H. Acceptance of final payment by Contractor shall release NorthPoint from all further
obligarions to Contractor, except as to such amounts, if any, Contractor has identified in its
application for final payment as claimed by Contractor. All claims not identified in the
application for final payment aze waived. Any payment, however final or otherwise, shall not
release the Contractor or its sureries from any obligarions under the Contract Documents or the
Performance and Payment Bonds.
I. NorthPoint may withhold fina] or any other payment to Contractor on any
reasonable basis, including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
34
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid
balance of the Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of
NorthPoint, City or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. The Contractor shall, at the request of NorthPoint, furnish sarisfactory evidence that
all obligations to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of
machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the
performance of the Work have been paid, discharged or waived. If Contractor does not pay
subcontractors or suppliers for labor and/or material properly provided, NorthPoint may, but
shall not be required to, pay subcontractors and suppliers directly. Any payments made to
subcontractors and suppliers shall be chazged against the Contract Amount. NorthPoint sha11 not
be liable to Contractor for any such payments made in good faith. This provision shall not
confer any right upon any Subcontractor or supplier to seek payment directly from NorthPoint.
K. Notwithstanding any other provision for payment contained herein, in the event the
Missouri Department of Labor and Industrial Relarions has detemuned that a violation of Section
292.675 RSMo has occurred and that a penalty shall be assessed, NorthPoint shall withhold and
retain all sums and amounts due and owning when making payxnents to Contractor under this
Contract.
ARTICLE VII
CHANGES/CLAIMS
A. NorthPoint, without invalidating this Agreement, may at any time and without
norice to any surety, order additions to, deletions from, or other changes to the Work. Upon
receipt of such an order, in writing, Contractor shall proceed as and when directed in the order.
Contractor shall not proceed with any addition, deletion, or other change without a written order.
No oral direction or order shall constitute authority for Contractor to proceed with any addition,
deletion, or other change. If Contractor undertakes any addition, deletion, or other change
without a written order from City, Contractor shall not be entitled to any increase in the Contract
Amount or the time for performance of the Work, and Contractor shall be solely and completely
responsible for the acceptability to NorthPoint of the addition, deletion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased as follows:
1. If the Work is covered by unit prices set forth in Contractor's Bid for Lump Sum
Contract with Unit Pricing, by application of such unit prices to the quantities of the
items involved; or
35
2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for
Lmnp Sum Contract with Unit Pricing, by a lump sum as to which Contractor and
NorthPoint Development mutually agree prior to the commencement of
performance of the change.
C. 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.
D. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which sha11 state ttte increase or decrease, if any, in
the Contract Amount or the time for performance. No course of conduct or dealings between the
par[ies, 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.
E. Agreement on any Change Order shall constitute a final 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.
F. If Contractor is delayed or interfered with at any time in the commencemenf or
prosecurion of the Work by an act or neglect of Nortt�Point , an employee, officer, or an architect
or engineer or sepazate contractor engaged by or on behalf of NorthPoint, or liy changes ordered
in the Work, an act of God, fire, or other cause over which Contractor has no control and that
Contractor could not reasonably anticipate, the time for performance of the Work shall be
equitably extended, provided that Contractor gives notice as provided for in Pazagraph G below.
G. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addirion to, deletion
from, or other change to the Work and/or delay to or interference with commencement or
prosecution of any of the Work, shall be submitted to NorthPoinYs 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.
H. No change or claim, nor any delay or dispute conceming the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall
excuse Contractor from proceeding with prosecution of the Work, including any Work as
changed.
ARTICLE VIII
INSURANCE
36
A. Contractor shall, at all times during the performance of any of the Work, maintain
not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage
for Contractor, NorthPoint , its employees, officers, and agents, and any
architects, engineers, or other design professionals engaged by or on behalf of
NorthPoint, the City of Riverside, its employees and officers, the Industrial
Development
Authority of the City of Riverside, Missouri, its employees and officers
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 name NorthPoint, the City of Riverside, its employees and officers, the
Industrial Development
Authority of the City of Riverside, Missouri, its employees and officers as an
additional insured and have not less than the following limits:
a. Each occurrence $2,700,000.00
b. General aggregate $2,700,000.00
c. Products/completed operatioris aggregate $2,700,000:00
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. OWNERS PROTECTNE LIABILITY — Contractor shall purchase, maintain
and deliver to NorthPoint for operarions of the Contractor of any
Subcontractor in connection with execution of the agreement Owner's
Protective Liability insurance in the same minimum amounts as required for
Commercial General Liability Insurance above.
3. AUTOMOBILE LIABILITY - Contractor shall provide coverage for
Contractor, NorthPoint, its employees, officers, and agents, and any architects,
engineers, or other desigi professionals engaged by or on behalf of
NorthPoint, the City of Riverside, its employees and officers, the Industrial
Development
Authority of the City of Riverside, Missouri, its employees and officers
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-
37
owned autos. The coverage shall have not less than a combined single limit of
$2,700,000.00 for each accident.
4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This
insurance shall protect Contractor against all claims under applicable state
workers' compensation laws. Contractor also shall be protected through
employer's liability coverage against claims for injury, disease, or death of
employees which, for any reason, may not fall within the provisions of a
workers' compensation law. The limits shall not be less than the following:
a. Workers' Compensation Statutory
b. Employer's Liability:
. Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee
B. All insurance shall be written by an insurer or insurers acceptable to NorthPoint and
with a minimum financial rating not lower than "B+XI" in BesYs Insurance Guide, latest edition.
All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total
to the Work only. Each policy providing general liability coverage 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 autoinobile liability coverage (including any umbrella or excess policy that provides any
required general or automobile liability coverage) shall, in form satisfactory to NorthPoint ,(1)
name as additional insured NorthPoint , its employees, officers, and agents, and any architects,
engineers, or other design professionals engaged by or on behalf of NorthPoint ,(2) name as an
additional insured the City of Riverside, its employees, officers and agents, (3) name ass
additional insured the Industrial Development Authority of The City of Riverside, Missouri, its
employees and officers, and (4) provide that it is primazy to any other insurance maintained by
any additional insureds, 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 hazazd.
C. Contractor shall maintain the products and completed operations coverage for not
less than ten (10) years after the date of final acceptance by NorthPoint 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 NorthPoint,
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, vandalisin, 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 NorthPoint, Contractor,
38
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q NST/LLlA'f10NFLOAT CIW77847 W/O1N2 W/01/73 PERPRQIE 1,000,00
q QINP. FLOAiER 10471947 07/O7M2 W/01/73 LEASEJtiEN 300,00
DE9CPoPTION OF OPBNTOIB f LOCATINIS /VEHCLEe (Alta� ACORD 107, AAtlMOntl R�nurk� Bch�AUl�, If man ,p�w Is rpWnA)
ORTF�OINf DEVELOPMENT LLC, CITY OF RIVIILSIDE !�, IDA S THEIR RESPECTIVE
LOYEES, OFFICQ2S 6 AGQ7TS ARE ADDITIONAL INSURID RESPECTS REEERENCID
VERAC�S EXCEPT WORK CO�lP AS ALLOWID BY STATUTE AND REQUIRm HY WRITTEN
NTRACT. COVERAGE IS PRIMARY/NON CONTRIBUTORY
CERTIFlCATEHOLDER CANCELLATION
NORTH38
SHOULD ANY OF THE ABONE OEBCRIBED POLICIEB BE CANCELLED BEFORE
TFff EXPMTION DAIE TIEREOF, NOTCE NflLL BE OELNERED IN
11CCORDANCE WIIH ME POLICV PROVISION&
NORTHPOINT DEVELOPMENT LLC
6300 N REVERE DR., STE 225
KANSAS CITY, M0641S1 ���Z�RE
��f.U- ��-P.a�A---
if
� 1988-2070 ACORD CORPORATION. All rlghts rosorved.
ACORD 25 (2010/05) Tha ACORD name and logo arc registered marks of ACORD
i�� OP ID: SG
'`�� � INSURANCE BINDER �os� rzo z �
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORNL
p��y COMPANY BINDERf QOH'IO
hifman, Remley & Assoc., Inc General Casualty Company of WI
201 Johnson Drive, Suite 500 EFFECfIVE E%PIRATON
DATE TME OFTE TIME
Mission, KS 66205 X � x 1z _ o � �
RandyJ. Larsen 08N6N2 12:01 PM 17116N2 NOON
PHCNN E � . g�3-831-0777 p�� � 913-837-0730 7HISBINDERISISSUEDTOIXTENDCOVERAGEINTHEPBOVENAMEDCOMPPNY
CODE: SLB CODE: PER EXPIRING POLICY A'
AGQJCY pROEL-7 DESCRIPTONOFOPERAlION4/VEWCLESIPROPERIYQnclutllnpLOCetlon)
CII3TOMER ID:
INSURED NorthPoint Development LLC HOR¢ONS PHASE 7(CORNER OF 9& 635)
c/o Pro Electric, LC
5320 Speaker Road
Kansas City KS 66106
COVERAGES LIMITS
TYPEOFINSURANCE COVERAGFhORMS �EWC116LE COINS% AMOUNf
PROPERT' �SESOFLOSS
BASIC � BROAD ❑ SPEC
GBJERAL LIABILIT' EACH OCCURRENCE S �OOOOO
COMMERCIA�GENERALLV9LITV RENTEDPRQAISES E
CIAIMS MPDE � OCCUR MED EXP (My one parson) S
x OWIMf&COf162CtOfProL pERSONALBPDVIN,URV i
GENERPLAGGREGATE L 30000
REfRODATEFORQAIMSMADE: PRODUCTS-COMP/OPAGG S
AUTOMOBILE LIABLLRV COMBINm SINGLE LIMIT S
pJ,���T� BODILYINJURV(PerDerson) S
PLLOVJNEDAUi05 BODILYINJURY(Parecd0ent) S
SCHEWLEDAlJr05 PROPERTVDAMK'E S
HIRm/U1T05 MEDIGLPAVMEMS i
NON-0WNEDAllTOS � PERSONPLIN.URYPROT �
UNINSUREOMOTORIST S
$
AVfOPHYSIGALDAMAGE DEDUCTIBLE ALLVEHICLES SCHEDULEDVEHI0.ES ACRIPLCPSHVPLUE
COLLISION: STATEDMIOUNT E
OTHER THAN COL OTHER
GARAGELIA&LRY PLTOONLY-EAACqDENT S
�Y �TD OTHFR THAN AUTO ONLV:
EncHncC�oENf L
AGGREGATE 8
EXCESSLIABdITY EACHOCCURRENCE $
UMBRELLAFORM AGGREGATE i
OTHERTHANUMBRELWFORM REfRODATEFORCLAIMSMPDE: SEIF-INSUREDREfENTION E
WCSTATUTORV LIMITS
WGRKER'S COMPENSATIIXJ E.L. EACH ACCIDENT S
ANU
EMPLDVER'SLWBRI7Y E.L.DISEASE-EAEMPLOYEE i
EL.DISEASE-POLILYLIMR 5
FEES 5
SPECIAL
CONdTIONS/ 7qXES S
OTHER
COVERAGE3
ESTMATFDTOTALPREMIUM $
NAME & ADDRESS
MORTGAGEE PDDRIONALINSUREO
�ossPnvee X Named Insured
LOAN t
City of Riverside Missouri
AIJIHORIZED RE I �
.�Nac�. �`�-�.�-.�--
ACORD 75 (2004/09) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE OO ACORD CORPORATION 1993-2004
/� OP ID: SG
'`�� �� INSURANCE BINDER DATE(MMrDOlYriY)
OBl23/2012
THIS 81NDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
AG��y �pp�ppryy BINDERf 'zOB'I O
chifman, Remley & Assoc., Inc General Casualty Company of WI
207 Johnson D�ve, Suite 500 EFFECfIVE E%PRATON
MlSSlon, KS 66205 onre nms on� nwe
RandyJ.Larsen X °'"' x 12 ����
OBl�sN2 �2:0� pM ��N6H2 NOON
A/C No Ert:9�3-83�-'I777 a� N,;913-6374730 THISBINDERISISS1EDi0IXTENDCOVERAGEINTHEPBOVENFMEDCOMPANY
CODE: SUB CODE: PER E%PIRING PoLICY t:
AGENLY PROEL-� � DESCRIPTIONOFOPERAl10N3NEHICLES/PROPERTVQncIUElnpLxatlon)
CUSTOMER ID:
iNSUaeo NorthPoint Development LLC HOR¢ONS PHASE 1(CORNER OF 9& 635)
c!o Pro Electric, LC
5320 Speaker Road
Kansas City KS 66706
COVERAGES LIMITS
TYPEOFINSURANCE COVERAGEIFORMS OEWCTIBLE COINS% RMOUNT
PROPERTV �py�SESOFIOSS
BPSIC � BROAD � SPEC
GENERALLIA6�ITV �HOCCURRENCE S �OOOOO
COMMFRCVLLGENERPLLIPBILITV RENTEDPREMISES S
CLAIMS MPDE � OCCUR MED FXP (FVry one person) S
x OWIRf&COMITC�OI'PfO�. . PERSONAL&PDVINJURV E
GENERALPfiGREGATE = 30000
REfRODATEFORCLAIMSMADE: PRODUCTS-COMP/OPAGG E
AUTOMOBILE LIABILRY � COMBMED SINGLE LIMR S -
pf,���TO �DILYINJURY(Perpersonl S
PLLOWNEDAUTOS BODILVINJURV(PerectlEenl� S
Sq1EWLEDAUT05 PROPERTVDAMhCE E
HIREDPAITOS MEDICALPAVMENTS S
NON-OWNEDPLTOS PERSONPLINJURYPROT S
UNINSUREDMOTORIST S
S
AUTO PHYSICpL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTU °L CASH VPLUE
COlLIS10N: STATEDPMOUNT S
OTHER THAN COl' OTHER
GARAGELIABILffY PLTOONLY-FAACqDENT S
ANV PLTO OTHFR THAN PLTO ONLY:
EACHACCIDENT $
AGGREGATE S
E%CESSLIABILIIY EACHOCCURRENCE $
UMBRELLAFORM PfiGREGATE E
OTHER TMAN UMBRELLAFORM REfRO DATE FOR CLAIMS MADE: SELF-INSURED REfENTION S
WCSTATUTORV LIMITS
WIXL(ER'SCOMPENSATION EL.EACHACCI7ENT S
AND
EMPLOYER'SLIABRIIY E.L.DISE0.SE-EAEMPLOYEE $
EI.DISEASE-POLICYLIMR S
SPECIAL FEES S
CONqTIONSI TAXES S
OTHER
COVERAGES
ESTpAATEDTOTPLPREMIUM S
NAME & ADDRESS
MORTGAGEE ADDRIONPLINSUREO
�ossanvee x Named Insured
�oaa x
Industrial Development
Authority of the City of
Riverside Missouri AUTHORIZED RE I �
.�c�. �Y��
ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE OO ACORD CORPORATION 1993-2004
or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts.
This insurance shall remain in effect unril final payment has been made to Contractor or until no
person or entity other than NorthPoint Development has an insurable interest in the property to
be covered by this insurance, whichever is sooner. NorthPoint 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
Pazagraph, 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 ttrirty (30) days'
prior written notice to NorthPoint in the event of cancellation, expiration, non-renewal,
alteration, or reduction (including but not limited to reducrion by paid claims) of coverage or
limits contained in the policy or evidenced by the certificate of insurance. Contractor shall
furnish NorthPoint a certificate or certificates and copies of policies, all satisfactory to
NortY�Point, evidencing that Contractor has all the required insurance and is in compliance with
this Article. The certificate or certificates and copies of policies shall be delivered to
NorthPoinYs designated representarive not less than seven (7) days before Contractor first
performs any of the Work. All policies except Workers' Compensation and Employer's Liability
shall contain a waiver of subrogation in favor of NorthPoint, its employees, officers, and agents,
and azchitects, engineers, or other design professionals engaged by or on behalf of NorthPoint ,
the City and Industrial Development Authority of City of Riverside, Missouri.
F. Contractor also shall maintain any additional insurance coverages and any higher
limits provided for elsewhere in the Contract Docuxnents and_shall.furnish NorthPoint any
additional insurance documentation provided for elsewhere in the Contract Docuxnents.
G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on
behalf of the Subcontractor, shall maintain liability and worker's compensation insurance
coverages and amounts satisfying all the requirements of this Article. Certificates and copies of
policies, satisfactory to NorthPoint, evidencing the required insurance and compliance with this
Article shall be delivered to City's designated representative not less than seven (7) days before
the Subcontractor first performs 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 the work site a cleazly 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 unemployxnent insurance issued to such transient employer by the Division of
Employment Security. Any transient employer failing to co�nply with these requirements shall,
under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by
this Paragraph are posted as required by law.
ARTICLE IX
INDEMNITY
39
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
hannless NorthPoint , its employees, officers, and agents, and any architects, engineers, or other
design professionals engaged by or on behalf of NorthPoint , the City and the Industrial
Development Authority of the City of Riverside, Missouri, their officers and employees, from
and against claims, damages, losses, and expenses, including but not limited to attorney's fees,
arising out of or resulring from the performance of the Work, provided that such claim, damage,
loss, or expenses is amibutable 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 or willful 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, regazdless of whether such claim, damage, loss, or expense is caused in part by a party
indeixu�ified 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
as set forth in this Agreement.
B. In claims against any person or entity indemnified herein 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 shall not be limited by a limitation
on the amount or type of damages, compensarion, or benefits payable by or for Contractor or a
Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
ARTICLE X
PATENT LIABILITY
Contractor agees to defend, indemnify, and hold harmless NorthPoint, the City and the
Industrial Development Authority of the City of Riverside, Missouri, their officers, employees
and agents from and against any claim, action or suit that inay be brought against them for
Contractor's infringement of any Letters Patent in the performance of this Agreeinent or any
breach or violation of trademark or proprietary or trade secret rights of others, as well as against
any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against
any of them, on account of any such actual or alleged infringement.
ARTICLE XI
COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE
A. Contractor represents and warrants that it has not einployed or retained any
coinpany or person, other than a bona fide employee working for Contractor, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any company or person, other than a
bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other
consideration contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, NorthPoint shall have the right to void this Agreement
without liability and, in its discretion, to deduct from the Contract .4inount, or otherwise recover,
the full amount of such fee, coinmission, percentage, brokerage fee, gift, or contingent fee.
40
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee,
or agent of NorthPoint or 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 ageeable nationally recognized certified public accounting firm to examine, at
NorthPoint DevelopmenYs expense, such of Contractor's books and records as may be
necessary, in the accountanYs reasonable opinion, to verify Contractor's compliance with this
Article.
C. No official of the NorthPoint who is authorized in such capacity and on behalf of
the NorthPoint to negotiate, make, accept, or approve, or to take part in negotiating, making,
accepting, or approving any architectural, engineering, inspection, construction, or material
supply conlract or any subcontract in connection with the construction of the project, shall
become directly or indirectly interested personally in this contract or in any part hereof. No
officer, employee, azchitect, attorney, engineer, or inspector of or for the owner who is
authorized in such capacity and on behalf of NorthPoint to exercise any legislarive, executive,
supervisory, or other similaz funcrions in connection with the construcrion of the project, shall
become directly or indirectly interested personally in trus contract or in any part thereof, any
material supply contract, subcontract, insurance contract, or any other contract pertaining to the
project.
ARTICLE XII
RECORDS REGARDING PAYMENT
For a period of at least two (2) years after final payment to Contractor, Contractor shall
maintain, in accordance with generally accepted accounring principles, such records as aze
necessary to substantiate that all applications for payment hereunder were valid and properly
chargeable to NorthPoint. For lump sum contract Work, the records shall demonstrate that the
City was billed at appropriate times for proper percentages of completion and for payxnents to
subcontractors and suppliers. For any Work, including extra Work, not chazged on a lump sum
basis, the records to be maintained hereunder include but are not limited to all contracts,
subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to NorthPoinYs account. NorthPoint or its
representarive shall, upon reasonable prior notice to Contractor, be given the opportunity to audit
these records at any time during normal business hours to verify the accuracy of Contractor's
invoices and chazges.
ARTICLE XIII
NOTICES
A. The following persons aze designated by the respective parties to act on behalf of
such party and to receive all written notices and Payxnent Applications:
For NorthPoint Development: For Contractor:
41
Brad Haymond �� ,C�(i. ��
Project Manager
Kansas City, MO
6300 N Revere, Suite 225 \_,,�^
Kansas City, MO 64150 �j20 ��a J�i�! �.
\ � lo���
1�3
B. Any notice required by the Contract Documents to be given in writing or that either
NorthPoint or Contractor wishes to give to the other in writing shall be signed by or on behalf of
the party giving notice. The notice shall be deemed to have been completed when sent by
certified or registered mail to the other party at the address set forth herein, or delivered in person
to said party or their authorized representative.
C ConVactor's designated representative shall be available to meet with NorthPoint at
any time during the performance of the Work and shall have full authority to act on Contractor's
behalf on any matter related to this Agreement and/or the Work.
ARTICLE XIV
DEFAULT AND TERMINATION
A. If Contractor fails to comply, becomes unable to comply, or with reasonable
probability (as determined solely by NorthPoint) will become unable to comply with any of
Contractor's obligations under the Contract Documents, including but not limited to (1) failure at
any time to furnish sufficient labor or supervision, sufficient materials or services (including but
not limited to insurance and bonds) complying with the Contract Documents, or sufficient or
properly operating tools, equipment, or other items necessary for the performance of the Work,
(2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any
stoppage of, delay in, or interference with any work ofNorthPoint or any others on the Project,
(4) abandonment by Contractor of all or any part of the Work, or (5) baukniptcy, insolvency or
general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and
if the default is not corrected to NorthPoinYs satisfaction within seventy-two (72) hours of
delivery of a written notice to Contractor to correct such default, NorthPoint Development may,
in addition to any other right or remedy Nor[hPoint may have, terminate the services of the
Contractor and take possession of the project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor and finish the work by whatever
method NorthPoint may deem expedient to conect the default, at Contractor's expense. In such
case the Contractor shall not be entitled to receive any further payment until the Work is
finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the
difference to the NorthPoint
B. If City exercises its right to take over and complete any part or all of the Work,
NorthPoint 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
42
Work taken over by NorthPoint and may employ Contractor's employees or former employees,
all without any liability to Conlractor.
C. Contractor shal] be liable for and shall pay to NorthPoint all costs and expenses of
whatsoever nature incurred by NorthPoint as a result of any default by Contractor, including but
not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead,
travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to
NorthPoint all chazges, liabilities, fines, penalties, losses, damages, and claims sustained by or
assessed against NorthPoint t 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 NorthPoint from the amount, if any, otherwise due
Contractor, and Contractor sha11 pay NorthPoint 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 NorthPoint by the Contract
Documents is exclusive of any other right or remedy provided or permitted in the Contract
Documents or by law or equity, but each right or remedy is cumulative of every other right or
remedy, and every right or remedy may be enforced concurrently or from time to time. No
exercise by NorthPoint of any right or remedy shall relieve Contractor from full and absolute
responsibility for all of Contractor's obligations under the Contract Documents.
E. No failure or delay of NorthPoint to give notice to correct any default of Contractor
or to exercise any of City's rights or remedies shall waive or excuse the default, and NorlhPoint
sha11 remain free to pursue all rights and remedies. No failure of NorthPoint to insist, in any one
or more instances, upon the performance of any of Contractor's obligarions under the Contract
Documents sha11 be deemed or constnxed as a waiver or relinquishment of NorthPoinYs right to
insist upon strict performance of the obligation in any future instance.
F. If through no act or fault of the Contractor, the Work is suspended for a period of
more than ninety (90) days by the NorthPoint or under an order of court or other public authority,
or the NorthPoint fails to act on any request for payment within thirty (30) days after it is
submitted, or the NorthPoint fails to pay the Contractor substantially the sum approved by the
Engineer and Administrator, then the Contractar may after ten (10) days from delivery of written
notice to NorthPoint to terminate the Agreement and recover from the NorthPoint t payxnent for
all work executed.
G. The NorthPoint, without terminating the service of the Contractor or written notice
to the Surety, through the Project Manager may withhold, without prejudice to the rights of the
NorthPoint under the terms of the Agreement, or on account of subsequently discovered
evidence, nullify the whole or part of any approved partial payment esrimate to such extent as
may be necessary to protect the NorthPoint from loss on account of (1) defective work not
remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure
of Contractor to make payments property to Subcontractors or for material or ]abor, (4) a
reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages to
another contractor, or (6) performance of work in violation of the terms of the Contract
Documents.
43
ARTICLE XV
TERMINATION FOR CONVENIENCE
Notwithstanding anything contained herein to the contrary, NorthPoint may, at any time,
for any reason, and without Contractor's being in default, tenninate Contractor's performance of
any part or all of the Work for NorthPoinYs own convenience by giving written notice to
Contractor. Upon receipt of notice of termination for NorthPoinYs convenience, Contractor shall,
to the extent directed by NorthPoint, stop work and turn over to NorthPoint or NorthPoinYs
designee materials and equipment purchased for the Work. NorthPoint 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. NorthPoint 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 NorthPoint of Contractor's right to proceed on the ground of default by
Contractor is determined later to have been improper, the termination automatically shall be
converted to a termination for NorthPoinYs convenience, and NorthPoinYs obligation to
Contractor shall be limited to payment to Contractor as provided in this Article.
ARTICLE XVI
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any
applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers
guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project
azea. Conh 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 NorthPoint,
Contractor shall include (a) a signed statement, in form acceptable to NorthPoint, showing, for
each weekly payroll period lhat ended during the period covered by the Application for Payxnent,
the name, address, social security nuxnber, 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
itemizarion of all deductions, and the net wages paid and (b) a corresponding statement from
each Subcontractor of any rier that employed any workers in connection with the Work during
the period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of
the State of Missouri.
ARTICLE XVII
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate
of wages established by the Missouri Deparhnent of Labor and Industrial Relations Division of
44
Labor Standards, as set out in the wage order set forth in Exhibit C attached to and made a part
of, shall be paid to all workers performing work under the Agreement. An Affidavit of
Compliance with the Prevailing Wage Law as set forth in Exhibit I shall be completed by
Contractor and every Subcontractor employed on the Project prior to final payment. The
Contractor will forfeit a penalty to the NorthPoint 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.
B. EXCESSNE iJNEMPLOYMENT. During periods of excessive unemployment
(any month immediately following two consecutive calendar months during wlvch the level of
unemployment in the state has exceeded five percent (5%) 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 aze 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 Reladons Commission), may be employed under the contract, except that
other laborers may be used when Missouri laborers or laborers from nonrestrictive states aze not
available, or aze incapable of performing the particular type of work involved, if so certified by
the Contractor and approved by the NorthPoint
C. LJNDERPAYMENT OF WAGES. In case of underpayment of wages by the
Contractor or by any subcontractors to laborers or mechanics employed b� the Contractor or
Subcontractor upon the work covered by this Agreement, the NorthPoint, in addirion to such
other rights as maq be afforded it under this Agreement shall withhold from the Contractor, out
of any payments due the Contractor, so much thereof as NarthPoint may consider necessary to
pay such laborers or mechanics the full amount of wages required by tliis Agreement. The
amount so withheld may be disbursed by NorthPoint, for and on account of the.Contractor or the
Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same
is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in
the applicable wage determination.
D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16)
years and no person who, at the time, is serving sentence in a penal or correctional institution
shall be employed on the work covered by this Agreement.
ARTICLE XVIII
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any einployee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take affirmative
action to enswe that applicants and employees are treated during employment, without regazd to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to,
employment, upgrading, demofion, or transfer; recruihnent, or recnxitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
ARTICLE XIX
45
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of NorthPoint 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. NorthPoinYs consent to any assignment,
subcontract, or purchase order shall not relieve Contractor from any obligation under the
Contract Documents, nor shall it create any obligation from NorthPoint 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 NorthPoint is an intended third-party beneficiazy of the
subcontract or purchase order.
C. The Contractor shall be fully responsible to the NorthPoint for the acts and
omissions of its Subcontractors, and of person either directly or ind'uectly employed by them, as
the Contractor is for the acts and omissions of person directly employed by it.
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind Subcontractors to the Contractor by the tenns of the Contract
Docuxnents insofar as applicable to the work of Subcontractors and give the Contractor the same
power as regards terminating any Subcontract that NorthPoint t may exercise over the Contractor
under any provision of the Contract Documents. Nottiing contained in this contract shall create
any contrachxal relation between any Subcontractor and the NorthPoint
E. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to NorthPoint. Contractor hereby assigns to
NorthPoint all its interest in any present or future subcontract or purchase order issued by
Contractor for any or all of the Work. This assignment sha11 be effective upon acceptance by
NorthPoint in writing and only as to the specific subcontract(s) and/or purchase order(s) that
NorthPoint designates in the writing. This assignment may be accepted by NorthPoint at any
time, whether before or after final payment to Contractor, and may not be withdrawn by
Contractor without NorthPoinYs written consent.
ARTICLE XX
SEPARATE CONTRACTS
A. NorthPoint reserves the right to let other contracts in connection with this project.
The Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and the execution of their work, and shall properly connect and
coordinate the work with theirs. If the proper execution or results of any part of the Contractor's
work depends upon the work of any other contractor, the Contractor shall inspect and promptly
report to the Administrator any defects in such work that render it unsuitable for such proper
execution and results.
B. The City may perform addirional work related to the project or the NorthPoint may
let other contracts containing provisions similar to these. The Contractor will afford NorthPoint
46
other contractors who aze parties to such contracts (or the NorthPoint, if NorthPoint is
performing the additional work) reasonable opporiunity for the introduction and storage of
materials and equipment and the execution of work, and shall properly connect and coordinate
the work with theirs.
C. If the performance of additional work by other contractors or the NorthPoint is not
noted in the Contract Documents prior to the execution of the contract, written nofice thereof
shall be given to the Contractor prior to starting any such addition work. If the Contractor
believes that the performance of such additional work by NorthPoint or others involves it in
additional expense or enritles it to any extension of the contract time the Contractor may make a
claim thereof as provided in Article VII.
ARTICLE XXI
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, around the site of the Work and all
adjacent areas.
B. Representatives of NorthPoint may inspect or review any Work performed by
Contractor, and consult with Contractor, at any time. NorthPoinYs inspections or reviews sha11
not constitute acceptance or approval of Work unless specifically stated in wriring. Contractor
shall meet with NorthPoint at the request of NorthPoint
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 azea,
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 resulfing from construcrion activities. If Contractor fails to comply with
cleanup duties within twenty-four (24) hours after written notification from NorthPoint of non-
compliance, NorthPoint may implement cleanup measures without fiirther notice and deduct the
cost from any amounts due or to become due Contractor.
ARTICLE XXII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registrarion,
competence, and experience to perform all the Work.
ARTICLE XXIII
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
perFormance of the Work, and shall carry out its responsibilities in accordance with customarily
accepted good professional practices. The Contractor warrants and guazantees for one (1) year
from the date of completion and acceptance of the work that the completed work is free from all
defects due to faulty materials or workmanship. Contractor shall promptly make such
47
corrections as may be necessary be reason of such defects including the repair of any other
damages that were caused by defects in the work, at its own expense. NorthPoint will give
notice of observed defects with reasonable promptness. In the event that the Contractor fails to
make such repairs, adjustments or other work that may be necessary by such defects, the
NorthPoint may do so and charge the Contractor the cost thereby incurred. In emergency where,
in the judgment of the NorthPoint delay would cause serious loss or damage, repairs and
replacement of defects in the work and damage caused by defects may be made without notice
being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance
Bond shall remain in full force and effect through the warranty period. Neither final payment,
Engineer's Final Certificate, nor any other provision in the Contract Docmnents shall affect
Contractor's obligarion to complete the Work free of defects in worlananship 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 enrity with respect to the Work.
C. This Article does not establish a period of limitation with respect to any obligarion
of Contractor under the Contract Documents, and does not limit the time allowed by law for any
action for breach of such obligation.
ARTICLE XXIV
STORAGE OF MATERIALS AND EQUIPMENT
The Contractor shall provide at its own expense and without liability to NorthPoint any
addirional ]and and access thereto that the Contractor may desire for temporary construction
facilities, or for storage of materials. Only materials and equipment that aze to be used directly.
in the Work shall be brought to and stored at the Project site by Contractor: After equipment is
no longer required for the Work, it shall be promptly removed from the Project site. Protection of
construction materials and equipment stored at the Project site from weather, theft, and all other
casualty or damage is solely the responsibility of Contractor.
ARTICLE XXV
TAXES
A Missouri Sales Ta�c Project Exemption Certificate (Missouri Department of Revenue
Form 5060) will be provided by Cityfor the purchase of any materials or personal property
incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The
Contractor will pay all other sales, consumer, use and other similar taxes required by the State of
Missouri or other ta�cing jurisdiction.
ARTICLE XXVI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising al] safety
precautions and progams in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury,
or loss to (1) employees and other persons at the Project site or who may be affected by the
48
Work, (2) materials and equipment stored at on-site or off-site locations for use in performance
of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs,
lawns, walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
B. Contractor sha11 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. The Contractor will erect and maintain, as required
by the conditions and progress of the work, all necessary safeguards for safety and protections.
The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect
them. The Contractor will remedy all damage, injury or loss to any property caused directly or
indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly
employed by any of them or anyone whose acts any of them may be liable.
C. The Contractor shall exercise proper precaution at all times for the protection of
persons and property and shall be responsible for all damages to persons or property, either on or
off the site, which occur as a result of his prosecution of the work. The safety provisions of
applicable laws and building and conshuction codes shall be observed and the Contractor shall
take or cause to be taken, such additional safety and health measures as NorthPoint inay
determine to be reasonably necessary.
D. Pursuant to Secrion 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 safefy program shal] include a
course in construction safety and health that is approved by OSHA or a similaz program
approved by the Missouri Department of Labor and Indush Relations which is at least as
stringent as an approved OSHA progam 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 NorthPoint as a penalty two thousand five hundred
dollars ($2,500.00), plus one hundred dollazs ($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 accrue unril 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.
E. If NorthPoint deeins any part of the Work or the Project site unsafe, NorthPoint ,
without assuming responsibility for Contractor's safety program, may require Contractor to stop
performance of the Work or take corrective measures satisfactory to NorthPoint or both. If
49
Contractor does not adopt corrective measures, NorthPoint 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 NorthPoinYs reasonable request.
ARTICLE XXVII
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 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 aze lawfully eligible to work in the United
States.
ARTICLE XXVIII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any Subcontractors,
suppliers, employees, or agents shall be deemed an employee or agent of NorthPoint for any
purpose.
ARTICLE XXIX
CONFLICT
Contractor shall promptly upon discovery notify NorthPoint of any conflict, ambiguity or
inconsisfency in the Contract Documents, or between any Contract Document and actual fieid
conditions, and NorthPoint shall resolve such conflict, ambiguity or inconsistency in its sole
discretion.
ARTICLE XXX
PERFORMANCE AND PAYMENT BONDS
The Contractor shali within ten (10) days after the receipt of the Norice of Awazd furnish
NorthPoint with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B
in an ainount at least equai to one hundred percent (100%) of the contract price, conditioned
upon the performance by the Contractor all undertakings, covenants, terms, conditions and
agreements of the Contract Documents, and upon the prompt payment by the Contractor to all
persons supplying labor and materials in the prosecution of the work provided by the Contract
Documents. Such bonds shall be executed by the Contractor and a corporate bonding company
licensed to transact such business in the state in which the work is to be performed and named on
the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury
Department Circular Number 570 and shall have a rating of at least "A+" from BesY s or "AA"
from Standard and Poor's. The expense of these bonds shall be borne by the Contractor. If at any
tiine a surety on any such bond is declared a baukilipt or loses its right to do business the state in
50
which the work is to be performed or is removed from the list of Surety Companies accepted on
Federal Bonds, Contractor shall within ten (10) days after notice from NorthPoint to do so,
substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety
or sureties as may be sarisfactory to NorthPoint. The premiums on such bond shall be paid by the
Contractor. No further payment shall be deemed due nor shall be made unfil the new surety or
sureties shall have fiunished an acceptable bond to NorthPoint
ARTICLE XXXI
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found
to be unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXXII
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against NorthPoint shall be made because of NorthPoinY s
preparation of this Agreement or other Contract Docuxnents.
ARTICLE XXXIII
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, NorthPoint and
Contractor shall first try in good faith to resolve the dispute by mediation before resorting to
litigation. Unless NorthPoint and Contractor agree otherwise, the mediation shall be
administered by the American Arbitrarion Association under its Construction Industry Mediation
Rules.
B. In the event of litigation between Contractor and NorthPoint concerning the Project
or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover
from the other party its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXXIV
TTI'LES
The titles given to the Articles in this Agreement are for ease of reference only and shall
not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles
shall not define or limit any of the provisions of any of the Articles.
ARTICLE XXXV
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this
Agreement shal] be deemed to be inserted herein and the contract shall be read and enforced as
though it were included herein, and if through mistake or otherwise any such provision is not
51
inserted, or is not correctly inserted, then upon the application of either party the contract shall
forthwith by physically amended to make such insertion or correction. All such laws, orders and
regulations aze applicable to this Project and are made a part hereof by reference.
ARTICLE XXXVI
THIRD PARTY BENEFICIARY
Contractor expressly acknowledges the City of Riverside, Missouri and The Industrial
Development Authority of the City of Riverside, Missouri aze third party beneficiaries under the
Ageement and all other Contract Documents. The City and IDA shall have the right to enforce
the provisions of the Contract or seek any remedies available against the contractor and any and
all subcontractors should any party fail to comply with the terms hereof. Except as set forth in
this Article, this Agreement does not and is not intended to confer any rights or remedies upon
any person other than expressly stated herein. Contractor shall not have any rights against the
City of Riverside or The Industrial Development Authority of the City of Riverside, Missouri.
ARTICLE XXXVII
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement
between the parties with respect to their subject matter. Any prior agreements, understandings, or
other matters, whether oral or written, are of no further force or effect. Subject to Article VII of
this Agreement, this Agreement and any 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 City and Contractor.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
52
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their authorized representatives.
NORTHPOINT DEVELOPMENT LLC
By:
NATHANIEL HAGEDORN
CONTRACTOR:
�P.� ��;c�_
By: \
(Signature)
Printed
Name:
Title:
ATTEST:
�
E ARY
53
IN WTTNESS WHEREOF, the parties have caused this Agreement to be executed by
their authorized representatives.
NORTHPOINT DEVELOPMENT LLC
By:
NATHANIEL HAGED
CONTRACTOR:
\ P.ro ��ZC'�-r;C �-
By: \
(Signatwe)
Printed
Name:
Title:
ATTEST:
E ARY
53
Approved as to form:
CITY ATTO EY:
B:
( ign re
Printed ame: Nancy Thompson
Countersigned by:
CITY P HASING AGENT:
By: �/�.
(Si ture)
PrintedName: >� ,� �< < (�
Approval by City:
CITY MAYOR:
By:
(Signahue)
Printed Name: Honorable Kathy Rose
54
SCHIFMAN REMLEY ASSOCIATES
I N S U R A N C E • B O N D 5 ° B E N E F I T S
All the essentials
AUTHORIZATION TO INSERT DATE OF CONTRACT ON BONDS AND
POWER OF ATTORNEY
DATE: August 23, 2012
TO: Northpoint Development, LLC
RE: Pro Electric, L.C.
Bond #08900963
Horizons Phase I Electrical Project
Dear Sir or Madam:
The undersigned is an authorized representative of Fidelity and Deposit Company of
Maryland, the surety for Pro Electric, L.C., contractor for the above-mentioned project.
Authorization is hereby given by the surety to: Northpoint Development, LLC to insert
the date of the execution of the contract on the bonds and the power of attomey.
FideHty and Deposit Company of Maryland
�� Q��
Barbara Talty, Attorney-in-Fact
TEL: q�3.83���777 • FA%'. 90.83�.4]3 � 5zoi IOHNSON DRIVE � SUITE Sao - MISSION, KANSAS 66xo5 ' W W W�SRAINS.COM
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corpora[ion of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice President, in pursuance of authoriry granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby cectified to be in full force and effect on the date hereof, do hereby nominate,
consti[ute, and appoint William SCHIFMAN, Gary REMLEY, Barbara TAI.TY, Kevin D. KALISH and Karra K. MCGREEVY, all
of Mission, Ksnsss, EACH its We and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behatf as
surety, and as its act and dced: any and all bonds and uodertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and pucposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regulazly elected officers of the COLONIAL AMERICAN CASUALTY AND SURE1'Y COMPANY at its office in Owings
Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President dces hereby certify that [he extract se[ forth on the reverse side hereof is a hve copy of tUticle V, Section 8, of
the By-Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMER[CAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
� FIDELITY AND DEPOSTT COMPANY OF MARYLAND, this 3rd day of July, A.D. 2012.
ATTEST:
ZURICH AMER[CAN INSURANCE COMPANY
COLOMAL AMERICAN CASUALTY AND SURF.'I'Y COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Wi „ u � 1, , u..,,� c ,�' ;H�,
W 3'd" �
�BAL� �•O'°:� e�'a'pv'"yealEm:
°:. O' � t �
�p �� 79G!
IuM°' '+..m ��'w�? ;o�
"......w"�
�,yf �.s�+�LG-
C-_ 0° � M�ti+-�
�
Assismnt Secretary Vice President
Gregory E. Munay James M Carro![
State of Maryland
City of Baltimore
On tltis 3�d day of July, A.D. 2012, before [he subscriber, a Notary Poblic of [he Sq[e of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of fhe Companies, [o me personally known [o be the individuals and
officers described in and who enecu[ed [he preceding ins[mment, ard aclmowledged the enecu[ion of same, and being by me duly swom, deposeth and saith,
tLa[ he/she is the said officer of the Company aforesaid, and tLa[ [he seals affixed to [he preceding insWment are the Co�ponle Seals of said Companias, and
tltat the said Corpomte Seals and the signature as such officer were duly affixed and subscribed to [he said insWment by [he au[horiry and direction of Ihe said
Colpom[ions.
IN 7ESTIMONY WHEREOF, I have hereunro set my hand and �xed my Official Seal the day and year fiist above writtrn.
; �FR\I� 4,T� i�
`�� �' N(
'If �
. Jy�.�
t
� l :�ib \
�✓,L� F% 1.U�ui�„" �i����. �l � �/F`��``_
�
Maria D. Adamski, Notary Public
� My Commission Expires: luly 8, 2015
POA-F 076-0005
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any F�cecutive Vice President or Vice President
may, by written inswment under [he attested corporate seal, appoint attomeys-in-fact wi[h authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other Iike insdvments on behalf of the Compang and may authorize any officer or any such
attomey-in-fad to affix the corporate seal thereto; and may with or without cause modify of revoke any such appoinhnent or authority at any
[ime."
CERTIFICATE
I, the undersigned, Vice President of the ZURICA AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SIJRETY COMPANY, and the FIDELII'Y AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attomey is still in full foree and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attomey and Cer[ificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICA AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "7hat the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of [he Company may be affixed by facsimile on any Power of Attorney...My such Power or any cer[ificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attomey and Certi£cate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the lOth day of May, 1990.
RESOLVED: "7'hat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signa[ure
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company wi[h the same force and effect
as though manually aftixed.
IN TES'ITMONY WHEREOF, I have hereunro subscribed my name and a�xed the corporate seals of the said Companies,
this�� day of AG aa tf . 20 /Z .
.. —
, � e oaro �� ra('/��
� ��t��ioa � �
: p=;���; SB�AL �
"" .a' �o ,uw p
.. *si3 ,` A �!
�F
�������� ��l���i�'�/
Geof�'rey Delisio, Vice President
Bond #08900963
EICHIBIT A
PERFORMANCE BOND
FOR THE FAITHFUL PERFORMANCE of each of the terms and sripulations of the
AGREEMENT between the NORTIiPOINT DEVELOPMENT LLC ("NorthPoinY� and
CONTRACTOR, for construction of HORIZONS PHASE I ELEC'I'RICAL PROJECT, dated
� �6.e�^- 1 ao � a. , 2012 in every
p���, Pro eiearic, �.c. [insert name of Company], as
Principal and FideliN and Deposit Companv of Marvland [insert name of surety] as
5urety, hereby firnoly biad themselves and their respective heirs, executors, administratois,
successors, and assigns, joindy and severally, unto NorthPoint and the City of Riveiside,
Missouri ("City"), in the total aggregate penal sum of
Six Hundred SiMy Seven Thousand Two Hundred Three and 75/100
Dollars ($ 667zo3.�5 ) lawful money of the United
States, by these presents:
THE CONDTTION OF THTS OBLIGATION is such that in the event Principal shall
faithfully and properly complete the Work required by the Contract Documents described in the
Agree[nent and perform all of its duries, obligarions, covenants, and condirions pursuani to the
terms of the Contract Documents during the original term thereof, and any extensions thereof
which may be granted by NorthPoint or the City inciuding, without limitation, all watranty
obligaHons and duties and if the Principal shall satisfy all claims and demands incurred under
such Agreement, and shall fuliy indemnify and hold hatmless NorthPoint and the City from all _
costs and daa►ages which it may suffer by reason of failure to do so, and shall teimburse and
repay NorthPoint or the City for all ouflay and expense wluch NortLPoint or the City may incur
in making good any default, then this obligation shall be void, otherwise to remain in full force
and effact.
PROVIDED F[JRTHER, Sutety hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Conhact Documents or to the Work to be
performed thereunder or the specifications accompanying the same 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 or to the
specifications.
55
PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended
automatically and immediately, without formal and separate amendments bereto, upon amendment to
the Agreement not increasing the Agreement price more than twenty percent (20%), so as to bind the
Principal and the Surety to the full and faithfui performance of the Agreement as so amended. The
term "AmendmenP', wherever used in this bond, and whether refereing to this bond or the
Agreement, shatl include any alteration, addilion, e�Rension, or modification of any character
whatsoever.
Pro Eledric, L.C.
PRINC
By:
i �ature)
Printed N e: �
Title: _
Date: - 3— 1 a-
Fidelity and Deposit Company of Maryland
$LJRE'I1'
By: �./!� 0:.�l�
(Signature
Printed Name; Barbara Talry
Tit�¢: Attorney-in-Fad
Date: 9- l3 - aOi'a-- SCHIFMAN, REMLEY & �SSOC., INC.
5201 JOHNSON DR. #500
MISSION, KS 66205
913-831-1777
1Vote; -
. Date of Bond must not be p�ior to date of Agreement.
. If Contractor is a partnership, all partners must execute the Bond.
. Surety companies executing Bonds must appear on the Treasury DeparlmenYs most current
list {Circular 570, as amended), must have a raNng of at least "A+" from BesYs or "AA" from
Standazd and Poor's, and be authorized to transact business in the State of Missouri.
SURETY POWER OF ATTORNEY MUST BE ATTACHED
56
ZORICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AIYD SURETY COMPANY
FIDEUTY AIVD DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Ihe ZURICH AMERICAN INSURANCE COMPANY, a cocporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a cocporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of Ihe State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified ro be in full force and effect on Ihe date hereof, do hereby nominate,
constitute, and appoint William SCHIFMAN, Gary REMLEY, Barbara TALTY, Kevin D. KALISH and Karra K. MCGREEVY, all
of Mission, ICensas, EACH its hve and lawful agent and Attorney-imFact, ro make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and sll bonds and undertakings, and the execution of such bonds or under[akings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularty elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regularty elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in their own proper persons.
The said Vice President dces hereby certify that the exhact set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-Laws of said Companies, and is now in force.
[N WITNESS WHEREOF, the said Vic�President has hereunro subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYI.AND, this 3rd day of July, A.D. 2012.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
��.
� ,'a ot�a ��
� i r' pw : ° �°?s`�.'""e? m e
BBAL � `- ; _'_ jos
I � ' _ . f � -
o� N ,� �,�,�, ��".�,�
"•�*�.w''''
��7y, �.�,s��C-'e°'.' .lG�
�� /�1k-ti,,-� � ��__
� �
Assistant Secretary Vice President
Gregory E. Murray James M CarroR
State of Maryland
City of Baltimore
On [his 3rc1 day of luly, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly cortunissioned and qualified, JAMES M.
CARROLL, Vice President, and GREGORY E. MORRAY, Assistant Secretary, of the Companies, to me personally known to be [he individuals and
officers described in and who executed the preceding instmment, a� acknowledged [he execution of same, and being by me duly swom, deposeth and saith,
tha[ he/she is [he said officer of [he Company aforesaid, and that the seals affized m the preceding instrumrnt are the Coryorate Seals of said Companies, and
tha[ the said Co`pore[e Seals and [he signature as such o�cer were d�ly afiixed and subscribed to Ihe said instrume�t by the authority and direction of the said
Corporetions.
IN TESTIMONY WHEREOF, I have hereun[o set my hand and a�xed my O�cial Seal the day and year first above written.
�:i<v ��
ur.� 4
f � ��'��+g'
�j .
���� ��2� ¢%",5�;�"�`��`
Maria D. Adamski, No[ary Public
My Commission Expires: July 8, 2015
POA-F 076-0005
EXTRACT FROM BY-WWS OF THE COMPANIES
"Artide V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under [he attested co�porate seal, appoint attomeys-imfact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instrumrnts on behalf oF the Company, and may authorize any officer or any such
attomey-in-fact to affix the corpora[e seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN MSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURE7'1' COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attomey is still in full force and effect on the date of this certi£cate; and I do further certify that Artide V, Section 8, of
[he By-laws of tbe Companies is still in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZUItICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 1 Sth day of December 1998.
RESOLVED: "That the signamre of the President or a Vice President and the attesting signature oFa Secretary or an Assistant Secreta�y
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...My such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of A[torney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURE7'Y COMPANY at a meeting duly called and held on Ihe Sth day of
May, 1994, and the following resolution of the Board of Directors of [he FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the I Oth day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any V ice-President, Secretary, or Assistan[ Secretary of the Company, whe[her made here[ofore or hereafter, wherever appearing upon a
certified copy of any power of a[[orney issued by [he Company, shall be valid and binding upon [he Company with Ihe same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereun[o subscribed my name and affixed the corporate seals of the said Companies,
this day of _ , 20_
s , ...o,. ^ ,,��� �"'t
e �
_ u;, , t ������i�i BsAL�
. i� +�.� „��
4��
�r�J�/�j��� �'IY�%�
Geoffrey Delisio, Vice President
Bond #08900963
EXHIBIT B
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Pro Electric, LC. L.C.
g � 1riSCl'f
coYpora6on, partnership or individual], hezeinafter called Principal, and
Fidelity and Deposit Company of Maryland �insei't name of Surety], hereinafter CBlled
Surety, are held and firmly boumd unto the NORTHPOINT DBVELOPMENT, LLC
("NorthPoinY'), the City of Riverside ("City"), "Itie Industrial Development Authority of the City
of Riverside, Missouri, and unto all persons, firms and corporations who or which may furnish
}abor, or who furnish matesials to perform as described under the Agreement and Contract
Documents more fully described below and to their successors and assigns in the total aggegate
peila� Sum of Six Hundred Sixty Seven Thousand Two Hundred Three and 75/100
DO1�SiS ($ 667,20375 ) in lawful money of the United States, for the payment of
which sum well and tnily to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal
e,ntered into a certain Agreement with NorthPoint, dated the � 3� day of
_��- , 2012, approved for the construction of
Horizo Phas I Electrical PROJECT �
NOW, 'I'HEREPORE, 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 Department of Labor
and tndustrial 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 or used in connection with the construction of such Work, and
all insurance premiums, workers' compensa6on, 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 obtigadon to be void, otherwise to remain in full force and effect, and the seme may be sued
on at the instance of any Subcontractor, material supplier, laborer, mechaniq or other interested
57
party, in the name of NorthPoint, to Yhe use of such paxties, for any breach of the considetations
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 thereundet shall
in any wise affect its obligation on this Bond, and it does hereby waive notice of any such
change, extension of dme, alterarion or addidon to the terms of the Contract Documents or to the
Work.
Pro Electric, LC.
PRINCII'
By:
(si �tur )
Printed Name:
Title: �
Date: �( - l3 - a01 a-
Fideiity and Depos Co mpany of Maryland
SURETY
By: A�J� �'r'/1�--
(Signature)
Pzinted Nazne: Barbara Talty
Title: Attomey-in-Fact SCHIFMAN, REMLEY & ASSOC., INC.
Date: �— 13 - a.0 j2-- 5201)OHNSON DR. #500
MISSION, KS 66205
913-831-1177
Note: _
• Date of Bond must not be prior to date of Ageement.
. If Contractor is a partnership, all partners must execute the Bond.
• Surety companies executing Bonds must appear on the Treasury DeparhnenYs most
current list (Circular 570, as amended), must have a rating of at least "A+" from Best's
or "AA" from Standard and Poor's, and be authorized to transact business in the State
of Missouri.
SURETY POWER OF ATTORNEX MUST BE ATTACHED
58
ZURICH AMERICAIV INSURANCE COMPANY
COLONIAL AMER[CAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY TT-IESE PRESENTS: That the ZURICH AMERICAN W SUI2ANCE COMPANY, a cocporation of the State of New
York, the COLONIAI, AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
JAMES M. CARROLL, Vice Presiden[, in pursuance of authority granted by Article V, Sec[ion 8, of the By-Laws of said Companies,
which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate,
constitute, and appoint William SCHIFMAN, Gary REMLEY, Barbara TAI.TY, Kevin D. KALISH and Karra K. MCGREEVY, all
of Mission, Kansas, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amplg ro all intents and purposes, as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New
York., the regularly elected officers of the COLONIAL AMERICAN CASUAL7'Y AND SURETY COMPANY at its office in Owings
Mills, Maryland., and the regu]arly elected officers of the FIDELITY AND DEPOS[T COMPANY OF MARYLAND at its office in Owings
Mills, Maryland., in [heir own proper persons.
The said Vice Presidrnt dces hereby certify that the exhact set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By-[aws of said Companies, and is now in force.
IN W[TNESS WHEREOF, [he said Vice-President has hereunto subscribed his/her names and affixed [he Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, CO[.ONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYI,AND, this 3rd day of July, A.D. 2012.
ATTEST:
Z[1RICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
V�I� �p sVp i� , ✓'4��. W8 � +
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w� O � J � N i j�
BBAL � a� ^ J: ��, —. ta:
��4' �� l�s��.,'aoe *��.�
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L�-,� M�tti�
�
Assismnt Secretary Vice President
Gregory E. Murray James M Carro!(
State ofMaryland
City of Baltimore �
On this 3rt1 day of luly, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, JAMES M.
CARROLL, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, [o me personally known [o be lhe individuals and
officers described in and who ezecu[ed [he preceding inswmen[, and aclmowledged [he execution of same, and being by me duly swom, deposeth and sai[h,
that he/she is the said o�cer of [he Company aforesaid, and tha[ Ihe seals a�zed to the preceding inshument a�e the Co�porate Seals of said Companies, and
[ha[ �he said Corpornte Seals and the signature as such officer were duly a�xed and subscribed to [he said insuumen[ by the au[hority and direc[ion of [he said
Cocporations.
IN TESTIMONY W HEREOF, I have hereunro set my hand and affixed my O�cial Seal the day and year first above writtrn.
�� � nrn
``�`' tllfrlyry,�'
1[,uaim.�"� � � a � \ f
�(�, . � � '.{i:�h•n4 /F•p`
/�� ,', ��II Y 1111� "``
Maria D. Adamski, No[ary Public
My Commission Expires: luly 8, 2015
POA-F 0760005
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attomevs-in-Fact. The Chief Executive Ofticer, the President, or any Executive Vice President or Vice President
may, by written inshvment under the attested cotporate seal, appoint attomeys-in-fact with authority ro execute bonds, policies,
recognizances, stipulations, undertakings, or other like inshvments on behalf of the Company, and may authorize any officer or any such
attomey-in-fact to affix the corporate seal thereto; and may with or wi[hout cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
[, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attomey is still in full force and effect on [he date of [his certificate; and I do further certify that Article V, Section 8, of
the By-Laws of the Companies is still in force.
This Power of Attomey and Certifica[e may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZU]tICH AMEAICAN WSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signa[ure of [he President or a Vice President and the attesting signaNre of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attomey...My such Power or any certificate thereof bearing such
facsimile signamre and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authoriry of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of
May, 1994, and the following resolution of the Boazd of Directors of the FIDELITY AND DEPOSIT COMPANY OF MAAYLAND at a
meeting duty called and held on [he ] Oth day of Mag 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereun[o subscribed my name and affixed the co�pora[e seals of [he said Companies,
this _ day of _ 20_
=,O Seet�o,� 9aY (;p�"y'—�r�e�,�sq W�11
�� � ��( —•—�1i�3 w �
` ;�� � ae��'�
�..... ��'�� �,,,,s�
�� '' �4�G'�
Geoffrey Delisio, Vice President
EXHIBIT C
PREVAILING WAGE RATES
Snecial Wa¢e Determination: Prevailing hourly rates of wages follow, as determined by the
Division of Labor Standards, Jefferson City, Missouri.
59
DIVISION QF MISSOLRLIDEPARTMENTOFLABORANDINDUSIRIALRELAT'IONS
� LABOR PREVAILING WAGE
STANDARDS PROJECTNOTIFICATION-CONTRACTORPiFORNIATION
The information bclow is requested pursuant to Sections 290.210 tprough 290.340 and 290.550 through 290.580, RSMo. During a.
time of excessive unempioymcnt, only Missouri (aborers and laborors from non-restriclive states shat( be employed on public c�rorks
projects. See 290.550 through 29Q.580, RSMo.
I. Date of Notificntion 2, Mnual Wage Order Number incladed in Did Specifica(ions
3.Po ular�o Des � � 12 : r. �1�y,c' 0:4t: C> i�/
p criptive Name of Project , �"'
�.�f�l�P «ar:2..O...S L:. �2c.�r�CO...`
4. Estimated Projea Cost of Complelion (total eonso-uetton contrac�r [a be mvarde� $ S � c� �
5, Exect Lacniion of Pmjec[
� � �4Y Townshin
C�lv�'�'E�' 2.�VC�YS1��e P� �-�'\ S
G. Ofliciai Name of Fublic Body or Agcncy ,, -
, 1�^-t J'� (� �
7. Na�ne oCCo tact Persou 8. Phone Number (ir�dude ¢r¢a codej
�Tu-v�..i..� Hot�.Je.r ����7�ft-39
9. Address .
�7 S� YlUJ 1 �����•• {Z.e�. (�.JC-�rS:�e . Y�� C-�`I't S O
� 10. E-mail Address Wcbsitc •
-�- o Jerr • ('��er5��•,�,� c:p�.�,., www.v
1 l. Anticipated Date for Soliciting or Advertising fo� IIids 12. Contract Award Datc
OEt /' 1 2 c� I z
13. �stima�cd Stan Dnle of \York l4. Estima�ed D e of Yroject Compledon } 5. Will There Be .My Federal ['unds Used in this Contreet?
�?G'( (:�(-� z�I2 l� �bt � 0l2 ❑Yes �'t.to
16. CoiiUaaor fnto�mction Nolificn(ion
Gu�era! Contraaor. Namc � �C �,
Address C j
City Statc ZIP O
Phone Number - �H•mail Address �� rnp�t-
Type of Craftsmen Nceded by Project ���G T�_ � e � J
Seope of Work � \� � l; Q
List ali Subcantraaors: Name ,LU\ � P � �,y� nf\ (� n� ` ��y (�j �
� Addmss C� o G ��
Cily �[l�n4Q.�' CA . S[xte �S ZIP (
Phonc Naml:er G '(�3� �Z`- "I'LS G-mail Address r-�'p(v.��(U /J r,a�',p.pn��_
Type ofCraftsmeu Needed by Projea _1'r _ � e � �`� pa�t��
Scope of Work � � �
_!CeS�+.� XCc��/a an QSY� C�G�2�D ln�'x�_
Unme _ Y1 ��+
� t
AJdress
CitY S�ate 'l.IA
� Phoncfumbr.r — _ G-mailAddress -- — �
Type of Cr,�ftsmen Necdcd by ProjecA
Scopo of Work
Thc statc of Missouri requires workers on public works projects be paid [he prevailing wage. Public bodies have duues as requirad
under this law (Sect ion 290110 - 290.34Q RSMo).
Mail, Pzx or E-mail completed form to: DIVISION OF LABOR STANDARDS
� Attn: Prevailing Mage Sec[ion
P.O. pox 449 Jefferson City, MO 65102-0449
Phone: 573-751-3403 Fa�c: 573-751-3721 F.-mai(: prevailingwage@labor.mo.gov Website: www.labor.mo.gov/DLS
PW-2 (o8-t l) AI
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
F THE S
O � ..,
� '�'� •*•� '� ��
� �
ti �.�e��.� �.
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- < ; ro ; � 3 a 71 .
. a� �1'�� �.�.� �
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.� Mocccxx ��
�C .,,� l'�
JEREMIAH W. (JAY) NIXON, Governor
Annual Wage Order No. 19
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and
Industrial Relations Commission, P.O. Box 599, 7efferson City, MO 65102-0599. Such objections must
set forth in writing the specific �rounds of objection. Each objection shall certify that a copy has been
fumished to the Division of Labor Standazds, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to
8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of
State of Missouri.
Ori�inal Si ng ed bv
Carla Buschjost, Director
Division of Labor Standards
This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9, 2012
Last Date Objections May Be Filed: Aaril 9, 2012
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE Section 083
PLATTE Counly
as�c ver-
OCCUPATIONAL TITLE '• Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
Asbestos Worker H 8 F Insulator $34.04 52 53 $23.13
Boilermaker $32.31 57 7 $25.80
Brickla er and Stone Mason 7/12 $33.40 58 39 $16.65
Car enter 7N2 $36.05 63 68 $13.80
Cement Mason 7/12 $31.08 65 4 $16.20
Electrician Inside Wireman $33.83 13 72 $15.25+ 10%
Electrician Outside-LineConstruction�Lineman $38.40 125 65 $5.00+34.5°�
Lineman O erator $35.82 125 65 $5.00 + 34,5°�
Groundman $25.44 125 65 $5.00 + 3q.5%
CommunicationTechnician $32.43 47 72 $15.25+10°�
Elevator Constructor � a$42.010 26 54 $25.045
O eratin En ineer
Grou I � $35.70 85 4 $13.76
Grou II $34.89 85 4 $13.76
Grou III $29.34 85 4 $13.76
Grou III-A $33.55 85 4 $13.76
Grou IV
Grou V $30.94 85 4 $13.76
Pi e Fitter $39.58 2 33 $19.07
Glazier $30.47 88 32 $15.43
Laborer Buildin :
General 7/12 $25.75 30 4 $13.75
First Semi-Skilled 7/12 $26.15 30 4 $13.75
Second Semi-Skilled � 7112 $26.55 30 4 $13.75
Lather USE CARPENTER RATE
Linoleum La er and Cutter 7112 �$33.82 46 67 $13.80
Marble Mason $31.70 25 4 $14.56
Millwri ht 7/12 $36.05 63 68 $13.80
Ironworker $28.50 50 4 $24.30
Painter $28.31 37 4 $13.37
Plasterer 7/12 $25.12 68 4 $18.53
Plumber 7/12 $37.45 45 33 $20.41
Pile Driver 7/12 $36.05 63 68 $13.80
Roofer \ Water roofer 7/12 $32.25 95 2 $14.34
Sheet Metal Worker $38.39 17 22 $17.04
S rinkler Fitter - Fire Protedion 7/12 $33.83 14 4 $18.32
Terraua Worker $31.70 25 4 $14.56
Tile Setter $31.70 25 4 $14.56
Truck DrivervTeamster
Grou I � $30.09 100 4 $10.90
Grou II $30.09 100 4 $10.90
Grou III $30.29 100 4 $10.90
Grou IV $3029 100 4 $10.90
Traffic Control Service Driver $15.35 48 49 $2.71
Fringe Benefit Percentage is of the Basic Hourly Rate
Attention Workers: - If you are not being paid the appropriate wage rate and fringe benefits contact the Division
of Labor Standards at (573) 751-3403.
'"An n ual Incremental Increase
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 19 7/12
Building Construction Rates for Section 083
PLATTE County Footnotes
astc ver-
OCCUPATIONAL TITLE *" Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
�
' Welders receive rate prescribed for the occupational tiUe pertorming operaGon to which welding is incidental.
Use Building ConstrucGon Rates on Building construction in accordance with the classifications of construdion
work established in 8 CSR 30-3.040(2). .
Use Heavy Construction Rates on Highway and Heavy consVUCtion in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
a- Vacation: Employees over 5 years - 8%, under 5 years - 6%
ANNUAL WAGE ORDER NO. 19 3��Z
PLATfE COUNTY
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means Gme and one-half (1 '/:) shall be paid�for all work
in excess of forty (40) hours per work week. _
NO. 2: Means the maximum of eight (8) hours shall constitute a days work beginning at 5:00 a.m: to 12:00 noon,
12:30 p.m. to 4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending
Friday at 4:30 p.m. Because of traffic, parking or other circumstances, the hours of work on any project may be any
continuous 8'/ hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a:m. and 4:30 p.m. When
circumstances warrant and when it is mutually benefiGal 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
Thursday, with one-half ('/) 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'/)
times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one-
half (1'/) 6mes the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate of
pay. Labor Day shall be paid at triple (3) 6me. Shift work may be performed at the option of fhe Contractor. However,
whenever shift work is perfortned it must cover a period not less than (5) consecutive working days. The day shift shail
work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional
$0.25 above the regular hourly rate and pertorm seven and one-half (7'/) hours work for eight (8) hours pay. Third shift
employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours
pay. In the event a first shift is not required, a second and third shift employee shall receive an additional 15% of the
base rate and receive pay for actual hours worked.
NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours,
within five (5) days — Monday through Friday inclusive — shall constitute the regular workweek. The Employer may
atter the above stated hours by two (2) hours for an early starting and quitting 6me 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 shall be allowed to
establish a four (4) day, ten (10) hour per day work week. This work 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 work week shall be from 7:00 a.m.
to 6:00 p.m., with a one hour starting variance. The make-up day of Friday shall be instituted for specific reasons such
as loss of production due to weather and/or holidays. All hours worked in excess of ten (10) hours per day or forty (40)
hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The first
four (4) hours of overtime after the normal workday, each day Monday through Friday and fhe first ten (10) hours of
overtime on Saturdays shall be paid for at one and one-half (1Y:) 6mes the regular straight time rate of pay. All other
work performed outside of the regularly scheduled working hours and outside of the first ten (10) hours worked on
Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized 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 at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first
shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day shift" shall receive
eight (8) hours pay at the regular hourly rate for eight (8) hours work. The second shift (swing shift) shall be worked
between the hours of 4:30 p.m. and 1230 a.m. Workmen on the "swing shift" shall receive eight (8) hours pay at the
regular hourly rate plus 10% for seven and one-half (7'/) hours work. The third shift (graveyard shift) shall be worked
belween the hours of 1230 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% for seven (7) hours work. A lunch period of thirly (30) minutes shall be allowed on
each shift. All overtime work required after the comple6on of a regular shift shall be paid at one and one-half (1'/)
times the "shifP' hourly rate.
NO. 14: Means eight (8) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and
the regular quitting time shall be 4:30 p.m.; lunch time shall be iwelve (12) o'clock noon to 1230 p.m. The regular
starting 6me may, by mutual consent of employees on the job site, and the employer, be between 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
starting 6me and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half
(1'/). All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of time
and one-half (1'/). All work commencing with the beginning of the established work day on Sundays and/or Holidays
shall be paid at the rate of double (2) 6me.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 1 of 7 Pages
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OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 17: Means the regular working day shall consist of eight (8) hours of labor beiween 7:00 a.m. and 3:30 p.m. and
the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending
with 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 rate. Except as otherwise provided, all work performed outside of
regular working hours during the regular work week, shall be at double (2) times the regular rate. Working hours may
be varied by two (2) hours. When circumstances warrant and, when it is mutually beneficial and agreed to by interested
parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the
hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with one-half (12) 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
not be held against the employee. When working four (4) ten. (10) hour days overtime will be paid at the 6me and one-
half (1 Y:) rate for the eleventh (11"') and iwelfth (12"') hour, all bther work will be paid at the double (2) time rate of pay.
The first iwo (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday shall be at time
and one-half (1 %) for all work. All other overtime shall be aE double (2) time. The first lwo (2) hours of overtime must
be concurrent with the regular work day, hvo (2) hours prior to or following the regular work day are at time and one-half
(1'/z). The regular workday (as previously defined) on Saturday is paid at time and one-half (1'/=). Work pertormed
outside of the regular Saturday work day is at double (2) time. All work performed on recognized holidays, or days
locally observed as such, and Sundays shall be paid at the double (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
holidays, and employment before or after the regular working hours shall be considered overtime. Employment on
Saturday, Sunday and legal holidays shall be paid for at iwice (2) the regular hourly rate. Employment from 4:30 p.m.
to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half (1'/:) times the regular hourly rate.
From 12:00 midnight until 8:00 a.m. on any day shall be paid for at twice (2) the regular hourly rate.
NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m.,
five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be fhase established by the
general contractor and worked by the majoriry of trades. (The above working hours may be changed by mutual
agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working
day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single 6me.
The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay
for construction work; the regular working day shall consist of ten (10) hours worked consecutively, behveen 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) ten (10)
hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for
all work pertormed on holidays shall be at fwo times (2) the single time rate of pay.
NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M.,
except when the work week is scheduled as a week with starting time advanced or delayed. Starfing time may be
advanced or delayed by the employer up to two (2) hours from the regular starting 6me. Eight (8) hours shall constitute
the work day. All work pertormed prior to or after the regular eight (8) hour work day, as described above, and all work
pertormed on Saturday shall 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 include holidays) because of events out of the conVol of the contractor, then that
missed work day may be made up at sVaight time the following Saturday. It is recognized that not all employees
working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is
further recognized that any work after the forty (40) hours in a week must be paid at time and one-half (1'/). Saturday
make-up day shall not be used to make up for 6me lost due to recognized holidays. The employer may establish 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 allowed.
If using a 4(10) schedule, any work more than ten (10) hours in a day or forty (40) hours in a work week shall be paid
at the fime and one-half (1'/) rate. 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 shall be paid at the double (2) time rate.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 2 of 7 Pages
Pu►Tre couNrv
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday
make-up day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five
eights° and after ten hours when working "four tens". All work pertormed on Sundays and recognized holidays shall be
paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and o�e-half (1'/=) the
regular wage rate. All night work during the regular work week other than the above-mentioned days shall be paid for
at the rate of time and one-half (1'/:) the regular wage scale until midnight and double (2) Gme after midnight except
make-up Gme will be allowed under the following condition: In the event of inclement weather on exterior projects
which 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 straight time rate of pay up to a maximum total of forty
(40) hours per week.
NO. 45: Means eight (8) hours shall constitute a day's 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 4:30 p.m. Friday. Because of
tra�c, parking and other circumstances, the hours of work on any project may begin as early as 6:00 a.m. with eight (8)
hours worked between 6:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and
agreed to, the employer may ins6tute 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 Thursday. 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%) times
fhe regular rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one-half (1'/) the
regular rate of pay. Sunday and recognized holidays shall be paid at double (2) time. Labor Day shall be paid at triple
(3) time. Shift work may be pertormed at the option of the Contractor. However, whenever shift work is pertormed it
must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift
as ouUined above. The houriy rate for second shift (seven and one-half hours worked for eight hours paid) shall be
twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, eight
hours paid) shall be fifly cents ($0.50) above the hourly rate. If no first shift is worked, second and third shift employees
shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours wo�lced.
NO. 46: Means the regular woric day shall be eight (8) hours from 6:00 a.m. to 6: 30 p.m. Starting time may be
between 6:00 a.m. and 10:00 a.m. The regular work week shall be forly (40) hours, beginning belween 6:00 a.m. and
10:00 a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of the regular work
day and work week shall be considered overtime. Overtime on days recognized as regular work days and on Saturday
shall be paid for at the rate of time and one-half (1'/) the regular rate. Sunday and recognized holidays shall be paid
for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (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.
NO 47: Means a regular workday shall consist of eight (8) hours between 6:00 a.m. and 6:30 p.m. Forty (40) hours,
within five (5) days — Monday through Friday or Tuesday through Saturday inclusive — shall constitute the regular
workweek. The Employer may alter the above 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. The Employer shall be allowed to establish a four (4) day, ten
(10) hour per day work week. This work 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 work week shall be from 7:00 a.m. to 6:00 p.m. All hours
worked in excess of ten (10) hours per day or forty (40) hours per week or hours worked outside the normal work week
shall be paid at the applicable overtime rate. The first four (4) hours of overtime after the normal workday, each 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. All other work performed outside of the regularly scheduled working hours
and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular straight time rate
of pay. Sundays and the recognized 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 at least five (5) days duration may be worked. When two
(2) or three (3) shiffs are worked: The first shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30
p.m. Workmen on the "day shift" shall receive eight (8) hours pay at the regular hourly rate for eight (8) hours work.
The second shift (swing shift) shall be worked befween the hours of 4:30 p.m. and 12:30 a.m. Workmen on the "swing
shifY' shall receive eight (8) hours pay at the regular hourly rate plus 10% for seven and one-half (7 Y:) hours work. The
third shift (graveyard shift) shall be worked between the hours of 12:30 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% for seven (7) hours work. A lunch
period of thirty (30) minutes shall be allowed on each shift. Ali overtime work required after the completion of a reguiar
shift shall be paid at one and one-half (1 Y) times the "shifY' hourly rate.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 3 of 7 Pages
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OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or
Tuesday through Saturday. Eight (8) hours shall constitute a days work. Starting time shall not be earlier fhan 7:00
a.m. nor later than 10:00 a.m. Forty (40) hours shall cons6tute a week's work. Overtime at the rate of 6me and one-
half (1'/) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday
schedule, all work pertormed on Saturday will be time and one-half (1'/) 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 schedule,
all work performed on Monday will be 6me and one-half (1'/) unless time has been lost during the week, in which case
Monday will be a make-up day to the extent of the lost 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'/=) their regular rate of pay
for all hours worked.
NO. 50: Means eight (8) hours constitute a normal days work Monday through Friday. Any time worked over eight (8)
hours will normally be paid at time and one-half (1Y:) except for exclusions stated in some following additional
sentences. The Employer, at his discretion, may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule
chosen shall be started 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 through Thursday) at ten (10) hours a day schedule. If such a schedule
is employed, then Friday may be used as a make-up day when time is lost due to inclement weather. Time and one-
half (1'/) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday unless
working 4-10's, then time and one-half (1'/) after ten (10) hours. All work pertormed on Saturday will be time and one-
half (1'/:). Double (2) time shall be paid for all work on Sundays and recognized holidays.
NO. 52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular
workday shall consist of an 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 the hours of 6:00 a.m. and 8:00 a.m.
The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday
through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew
may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be
from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be used. Once
this clause has been put into effect, it shall remain as long as the majority of the Employees 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 othervvise
provided, all work performed outside the regular working hours and performed during the regular work week (Monday
through Friday) shall be at the following rates of pay:
Holidavs-New Years Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days
observed as such) shall be recognized as Holidays that shall be paid at lwo (2) times the regular rate of pay.
Labor Dav-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall
be at three (3) times the regular rate of pay.
Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8)
hour period, to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed
upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested
party's.), shall be:
A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at 6me and one-half
(1 Y:). All other overtime will be paid at the doubie (2) time rate.
B. The first ten (10) hours worked on Saturday will be paid at 6me and one-half (1'/:), with all other hours to
be paid at the double (2) time rate.
C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 4 of 7 Pages
PLATTE COUNTY
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through
Friday, shall constitute a week's work. The regular starting time shall be 5:00 a.m. If a second or third shift is used,
the regular starting time of fhe second shift shall be 4:30 p.m. and the regular starting period for the third shift shall
be 12:30 a.m. These dmes may be adjusted by the employer. The day shift shall work a regular eight (8) hours shift
as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate
and pertorm seven and one-half (7'/) hours work for eight (8) hours pay. Third shift employees shall be paid an
additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. When circumstances
warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay.
All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time
worked on Saturday shall be paid at the rate of time and one-half (1'/) except in cases where work is part of an
employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2)
6me rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours
worked $25.77 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which
the cash portion of the prevailing wage is to be paid. The remaining $124 of the fringe benefit portion of the
prevailing wage may be paid at straight time.
NO. 58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5)
days work, Monday through Friday, shall consGtute a normal work week. Work performed in excess of eight (8) hours
per day or eight hours beyond normal startina time for that project excluding lunch Monday through Friday, and all work
performed on Saturday, shall be paid for the rate of time and one-half (1'/). When Sundays and recognized holidays
are worked, the worker(s) shall be paid at the rate of double (2) 6me. Work may be scheduled on a four (4) days a
week (Monday through Thursday) at ten (10) hours a day schedule at straight time. A Friday make-up day is available
if time is lost due to inclement weather and at least sixteen (16) hours, but not more than thirty (30) hours, were worked
during the week.
NO. 63: Means eight (8) hours shall constitute the regular work day beiween time that may be advanced or delayed by
two (2) hours on either side of 8:00 AM. The Employer may establish a wortc week consisting of four (4) days, Monday
through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for 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 at the
rate of time and one-half (1'/). All work pertormed on Saturday shall be paid at 6me and one-half (1'/:). All work
performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after
the regular eight (8) 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. 65: Means Monday through Sunday shall cons6tute the work week. Regular starting time shall be 8:00 a.m., with
one half hour for lunch between 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 pertormed
before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half
(1'/:). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1'/), except as
provided otherwise below. All work pertortned on Sundays or recognized holidays shall be paid at the double (2) Gme
rate. When the start time is delayed past 9:00 a.m., the employee's pay shall sfart at 9:00 a.m. and all time, after the
normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All
work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on
Saturday shall be paid at time and one-half (1 Y:) the regular rate. In the event that a scheduled eight (8) hour woric day
is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made
up at sVaight time on the following Saturday. It is recognized that not all employees working on a Saturday make-up
day wiil have worked the same number of hours during the regular work week. It is further recognized that any work
after forty (40) hours must be paid at time and one-half (1'/). The employer may establish a 410's schedule on
projects (4 days with 10 hours per day at straight time). In order 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.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 5 of 7 Pages
PLATTE COUNTY
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 68: Means Monday through Sunday shall constitute the work week. Regular staRing time shall be 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
advanced or delayed by the employer up to one hour from the regular starting dme. All worlc performed before the
advance starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1'/). Work
pertormed outside these hours shall be paid at the overtime rate of time and one-half (1Y:), except as provided
otherwise below. All work performed on Sundays or holidays shall be paid at the double (2) time rate. Eight (8) hours
shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described
above, and all work performed on Saturday shall be paid at 6me and one-half (1'/) the regular rate, except as
hereinafter described. In the event that a scheduled eight (8) hour work day is missed (not including recognized
holidays) because of inclement weather, then that missed work day may be made up at straight time on the Saturday in
the week of the pay period. It is recognized that not all employees working on a Saturday make-up day will have
worked the same number of hours during the regular work week. It is furthe[ recognized that any work after forly (40)
hours must be paid at time and one-half (1 Y:). The employer may establish a 4-10's schedule on projects (4 days with
10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 410's for a
minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed.
NO. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall cons6tute a day's work to begin
between 6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their
lunch period shall receive the overtime rate. Employees shall receive time and one-half (1Yz) for all time they are
required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through
Friday, or all day on Saturday. If an Employer has started the work week on a five day, eight hours a day schedule, and
due to inclement weather misses any time, then he may switch to a nine or ten hours a day schedule, at straight time,
for the remainder of that work week in order to make up for the lost time (10-hour make-up day). All work over ten (10)
hours a day or over forty (40) hours a week must be paid at time & one-half (1'/). 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 time rate of pay. To do this the scheduled 4-10's must be worked at leasf one full week and the regular
workweek shall be Mondaythrough Thursday with Friday being a make-up day at straight time for days missed in the
regular workweek due to indement weather. If 5-8's are being worked, Saturday may be used as a make-up day at
straight time if inclement weather prevents work during the normal work week.
NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 p.m., Monday
through Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced or
delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m.
The advanced or delayed starting time must run for a period of at least five (5) days. The Empioyer may establish a
work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at sVaight
time. The 4-10's must run for a period of at least four (4) days. Time and one-half (1'/) shall be paid for any work in
excess of eight (8) hours in any regular work day Monday through Friday (or ten hours in a 4-10's week), the first eight
(8) hours of a Saturday, and it shall be at time and one-haif (1'/) for the Friday and Saturday following Thanksgiving.
Double (2) time shail be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of eight (8) hours on a Saturday and
the Saturday of a three-day weekend (except the Saturday following Thanksgiving).
NO. 95: Means a regular workday shall consist of eight and one-half (8'/z) hours elapsed time, including one-half hour
for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. My work pertormed over
ten (10) hours of elapsed time per day including one-half hour for lunch and/or any work performed over forly (40)
hours at the straight time rate in one week shall be paid at time and one-half (1'/) the straight time rate. Saturday shall
be a voluntary make-up day at straight time at the discretion of the contractor and with the consent of the employees.
Sunday and recognized holidays shall be paid for at double (2) time.
AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 : Page 6 of 7 Pages
PLATTE COUNTY
OVERTIME SCHEDULE - BUILDING CONSTRUCTION
NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-hour days shall constitute a
week's work, Monday through Friday. Time and on�half (1'/:) the regular hourly rate shall be paid for all work
performed in excess of eight (8) hours in any one day or forly (40) hours in any one week. Starting time shall be
between 6:00 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 rate. All time worked before the regular scheduled starting time shall be paid for at the rate of
time and one-half (1'/:) and shall not apply to regular shift. All time worked after eight (8) hours in any one day or after
5:30 p.m., whichever comes first, shall be paid at the time and one-half (1'/) rate. M Employer, at his option, may
elect to work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at
least one week in duration. All work over ten (10) hours in one day or foriy (40) hours in a week shall be at the overtime
rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of
weather conditions, shall be permitted to work on Saturday (Friday if working 4-10's) as a make-up day at the sVaight
time rate of pay. When an employee is required to work on any recognized holiday they shall receive the double (2)
time rate for all time that they are required to pertorm work. All time worked from 12:00 Midnight Saturday to 12:00
Midnight Sunday shall be paid for at the rate of double (2) time on single shift
NO. 725: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty
(40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time
may be adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the
applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shail
be adjusted accordingly. The overtime rate of pay shall be one and one-half (1'/z) times the regular rate of wages,
other than on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the straight time
rate.
AWO19 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 7 of 7 eages
PLATTE COUNTY
HOLIDAY SCHEDULE — BUILDING CONSTRUCTION
NO. 2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day, or the days observed as such, shall be paid at the double time rate of pay.
NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will
be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the
recognized holiday.
NO. 7: The following days are assigned days and are recognized as holidays: New Years Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a
Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on ihe
preceding Friday. No work shall be pertormed on Labor Day except in case of jeopardy to work under consWction.
This is applied to protect Labor Day. When a holiday falls during the normal workweek, Monday through Friday, it
shall be counted as eight (8) hours toward the forty (40) hour week. However, no reimbursement for this eight (8)
hours is too paid to the workman unless worked. If workman are required to work the above enumerated 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 performed on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
ChrisVnas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on
Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays
shall be paid at the double (2) time rate of pay.
NO. 32: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half
(1'/) rate of pay. All work performed on Sundays, New Years Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above
holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on
Saturday, the preceding Friday shall be observed.
NO. 33: All work done on New Years 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 triple (3) time rate of pay. If the holiday
falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be
observed.
NO. 39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independe�ce Day, Labor
Day, Thanksgiving Day, and Christrnas. My of these holidays falling on Sunday, fhe following Monday shall be a
holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday.
NO. 49: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor
Day, Thanksgiving Day, Christmas Day, Employee's birthday and lwo (2) personal days. The observance of one (1)
of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these
holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on
Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they
shall be paid time & one-half (1'/:) their regular rate of pay for all hours worked.
NO. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day
or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be
pertormed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3)
times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the
hoiiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
NO. 54: All woric performed on New Years Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) 6me rate of
pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be
observed on Monday.
ANNUAL WAGE ORDER NO. 19
AW019 083 BHol.doc Page 1 of 2 Pages
PLATTE COUNTY
HOLIDAY SCHEDULE — BUILDING CONSTRUCTION
NO. 65: 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 the double time rate of pay. If the holiday falls on
Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be
paid for at double (2) the regular straight time rate of pay.
NO. 67: All work performed on New Years Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving
Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work
in addition to any other pay otherv✓ise required hereunder as holiday pay. Positively no work shall be performed on
Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered
optional holidays, 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 holidays fall on Saturday, the holiday will be observed on Friday.
Should any of the above holidays fall on Sunday, the holiday will be observed on Monday.
NO. 68: All work performed on New Years Day, Decoration Day (Memorial Day), Independence Day (Fourth of
July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double
' (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday,
Monday shall be observed. No work shall be pertormed on the Fourth of July or Labor Day except to save life or
property. Where one of the holidays specified falls or is observed during the work week, then all work pertormed
over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1'/).
NO. 72: All 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 straight time rate of pay. Any
one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double
(2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be
observed on the prior Friday and paid for at double (2) the regutar straight time rate of pay, if worked. No work shail
be performed on Labor Day except in case of emergency.
ANNUAL WAGE ORDER NO. 19
AW019 083 BHol.doc � Page 2 of 2 Pages
Heavy ConsWCtion Rates tor REPLACEMENT PAGE Secdon oe3
PLATTE County
asic verv
OCCUPATIONAL TITLE ' Date of Hourly Time Holiday Total Fringe Benefits
- Inaease Rates Schedule Schedule
Ca enter 7/12 $36.05 1 17 $13.80
Millwri ht 7/12 $36.05 1 17 $13.80
Pile Driver 7/12 $36.05 1 17 $13.80
Eledrician Outside-LineConsWction\Lineman $36.53 18 24 $5.00+34.5%
Lineman O erator $33.76 18 24 $5.00 + 34.5°k
Lineman - Tree Trimmer $20.70 31 30 $6.01 + 23.5%
Groundman $23.54 18 24 $5.00+34.5
Groundman -Tree Trimmer $1673 31 30 $6.01 +23.5% .
O ere6n En ineer
Grou I 7/12 $33.13 3 2 $14.33
Grou II 7/12 $32.09 3 2 $14.33
Grou III 7/12 $32.09 3 2 $14.33
Grou IV 7/12 $27.62 3 2 �$14.33
OilervDriver 7/12 $30.97 3 2 $14.33
Cement Mason 7/12 $29.24 3 2 $14.38
Laborer
General Laborer 7/12 $2724 3 2 $12.98
Skilled Laborer 7/12 $28.45 3 2 $12.98
Truck DrivervTeamster
Grou I 7/12 $29.04 3 2 $12.90
Grou II 7/12 $29.04 3 2 $12.90
Grou III 7/12 $29.04 3 2 $12.90
Grou N 7/12 $29.04 3 2 $12.90
Treffic Control Service Driver $15.35 27 26 $2.71
Use Heavy Construc�ion Rates on Highway and Heavy consWcfion in accordance with ihe dassificafions of
wnsWction work estabiished in S CSR 30-3.040(3).
Use Buiidtng ConsWction Rates on Building wnstruction in accordance with the Gassifications of consiruction
work established in 8 CSR 30.3.040(2).
If a worker Is pertorming work on a heavy consWclion project within an occupational tille that is not listed on ihe
Heavy ConsWction Rate Sheek use the rate for that occupalional title as shown on Ne Building Consb�ction Rate sheet
For additional information regarding the applicatlon of lhe Lineman Tree Trimmer and ihe Groundman Tree Trimmer subcategories
of fhe ocwpational title of Electrician (Outside-Line ConsWction\Lineman), see the Labor and Industrial Relations Commission
Order of June 21, 2012, (n the Matter of Objection Nos. 122-237.
Annual Incremental Increase ANNUAL WAGE ORDER NO. 19 ��12
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE — HEAVY CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 '/:) shall be paid for all work in
excess of forty (40) hours per work week.
NO. 7: Means (S) hours shall constitute the regular work day between time that may be advanced or delayed by iwo (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 time. The four (4) tens (10s) must run for 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 at the rate of time
and one-half (1'/). All work performed on Saturday shall be paid at time and one-half (1'/). All work pertormed on
Sundays and recognized holidays must be paid at double (2) time. All work pertormed prior to or after the regular eight
(S) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-half (1'/z) the regular
rate.
NO. 3: Means a regular work week shall consist of not more than forty (40) hours of work and all work pertormed over
and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time & one-half (1'/:). Workers
shall receive time and one-half (1'/) for all work pertormed on Sundays and recognized holidays. Double (2) time shall
be paid for work pertormed on Sundays or recognized holidays when and only if any other craft employees of the same
employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is
to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other
conditions beyond the reasonable control of the Employer prevents work, in which event, the starting time may be
delayed, but not later than 12:00 noon. Where one of the recognized holidays falls 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
��'�)•
NO. 20: Eight (8) hours of work between the hours of 8:00 a.m. and 430 p.m. shall constitute a work day. Forty (40)
hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time may be
adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable
overtime rate. When starting time has been adjusted, all other provisions conceming the work day shall be adjusted
accordingly. The overtime rate of pay shall be one and one-half (1'/) times the regular rate of wages, other than on
Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the straight time rate.
NO. 27: Means the regularly scheduled work week shall be five (5) consecu6ve days, Monday through Friday or Tuesday
through Saturday. Eight (8) hours shall constitute a day's work. Starting time shall not be earlier than 7:00 a.m. nor later
than 10:00 a.m. Forty (40) hours shall co�stitute a week's work. Overtime at the rate of time and one-half (1'/:) will be paid
for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work
performed on Saturday will be time and one-half (1'/:) 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 schedule, all work pertormed on
Monday will be time and one-half (1Y=) unless time has been lost during the week, in which case Monday wiil be a make-up
day to the extent of the lost time. Any work pertormed on Sunday will be double (2) time. If employees work on any of the
recognized holidays, they shall be paid time and one-half (1Y) their regular rate of pay for all hours worked.
NO. 31: Means the overtime rate shall be time and one-half the regular rate for work over forty (40) hours per week.
Sundays and Holidays shall be paid at double the straight time rate. All employees performing work on affected
properties during or following emergencies shall receive the applicable rate of pay for the first sixteen (16) consecutive
hours and all hours worked in excess of sixteen (16) consecutive hours shall be paid at double time until broken by an
eight (8) hour rest period. Should an employee be called back to work within two hours of his normal quitting time, the
previous hours worked shall count toward the above sixteen (16) hour provision.
ANNUAL WAGE ORDER NO. 19
AW019 083 HOT STIP.doc Page t of 1
REPLACEMENT PAGE
PLATTE COUNTY
HOLIDAY SCHEDULE — HEAW CONSTRUCTION
NO. 2: All work pertormed on New Years Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of
time and one-half (1'/). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other
craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or
holiday work. No work shall be pertormed on Labor Day, except in case of jeopardy of life or property. This rule is
applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be
observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified
holidays falis or is observed during the work week, then all work pertormed over and above thirty-two (32) hours in that
week shall be paid at the rate of time and one-half (1Y=).
NO. 77: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time.
When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be•
observed. No work shall be pertormed on the Fourth of July or Labor Day except to save life or property. Where one of
the holidays specified falls 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'/:).
NO. 23: 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 the.double time rate of pay. If the holiday falls on Saturday, it will be
observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double (2) the
regular straight time rate of pay.
NO. 26: The following days shall be observed as legal holidays: New Years Day, Decoration Day, July 4th, Labor Day,
Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the
personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall
on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding
Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid 6me & one-half (1'/:)
their regular rate of pay for all hours worked.
NO. 30: All work pertormed on New Years Day, Decoration Day, Fourth of July, Labor Day, Christmas Day, Thanksgiving
Day and Day after Thanksgiving or days celebrated for the same.
nwo�s os3 Htioi sTiP.doc ANNUAL WAGE ORDER NO. 19 Page 1 of 1
EXHIBIT D
SCOPE OF WORK
Contractor shall perform the following Work as more fully set forth in the Contract Documents
and Technical Specifications and Drawings:
All Work necessazy to construct the electrical scope of work through the limits of the Project as
shown on and in accordance with the Technical Specifications and Drawings referred to in
E�chibit E to the Agreement.
Contractor to provide all necessary equipment, labor, and material necessary to perform the
Project construcrion and related work as shown in the Contract Documents. The Work includes,
but is not limited to, the following:
1. Schedule and Coordinate all necessary inspections. �
2. Contractor shall coordinate with all utilities prior to the work starting, including
contacting underground locator services, ensuring that all power has been disconnected. •
3. Include all temporary utility fees and permits.
4. Include all premium time/cost necessary to meet the schedule, including accelerated
production of submittals.
5. Include all surveying, layout and field engineering required for the performance of this
work.
6. Contractor to provide as-built information marked up on a set of contract drawings as
well as 2 cds of PDF's for owners records.
7. Provide all weather provisions to meet the schedule set forth in the contract documents.
8. Provide clean up associated with the contractors work. Site is to remain free of debris
during the construction process.
9. Provide all traffic control as required throughout the conshuction process.
General
1. Include all premium time/cost necessary to meet the schedule, including accelerated
producrion of submittals.
2. All contractors performing work on the site shall be licensed by the City per existing City
Code, and shall be authorized to perform work for Kansas City Power and Light (KCPL).
For confirmation of KCPL authorized venders, please contact Phil Cosey at 816-245-3912 or
Philip.Cosey(�a,kcpl.com
3. Tlus project is tas exempt from Missouri Sales Taac. The Contractor is responsible to be in
coinpliance with a11 appropriate laws, etc. in support of such a taac exemption.
4. Contractor is responsible for familiarizing itself with all jobsite conditions prior to bidding.
5. Include all temp utiliries, including connection fees and usage cost as required for this work
including water, drinking water and electric.
60
6. Schedule and coordinate all city inspections.
7. The hours of work shall be in compliance with any local ordinances.
8. Provide multiple mobilizations and demobilizations as directed by NorthPoint.
9. All surveying, layout and field engineering required for the performance of this work,
including protection of benchxnazks and control points. Include replacement of control points
that are lost or damaged during the execution of this work, as coordinated with NorthPoint.
10. This contractor shall coordinate the work of this contract with the work of all other
contractors on site which will be performed during the same time period as the work on this
package. This includes sequencing of work to allow other contractors full access to perform
their work within the limits of work of this subcontract.
11. Coordination with all utilities prior to the work starting, including contacting underground
locator services, ensuring that all power has been disconnected, etc.
12. This contractor is to provide as-built information marked up on a set of contract drawings.
Information is to be complete with any and all changes that are made.
13. Provide all weather provisions to meet the schedule.
14. Provide all clean-up associated with Contractors work; provide dumpsters and hauling as
needed.
15. Provide one (1) year written guarantee covering workmanship and materials from date of
project substantial completion.
Elech
All work shall be in compliance with Kansas City Power and Light (KCPL) standards and
Design Specification nuxnber S9 "Customer Installed Manholes and Duct Lines" included herein.
NorthPoint will supply materials for the project as listed in "Owner Provided Materials" below,
any additional materials required for completion of the work shall be provided by Contractor,
and shall be identified in the bid. This work shall include, but not limited to providing the
following:
Duct Bank
1. Provide four (4) 6" PVC conduits along NW 41 st Street as shown on contract drawings
2. Provide 4" PVC Conduits to 4locations, 1 South and 1 North of 41 Street at both manl�oles
2 and 4, as shown on contract drawings
61
3. Provide Cnay Schedule 40 Electrical PVC with glued joints. Foam filled conduit is not
acceptable
4. The conduits shall be concrete encased. The concrete to utilize a fly ash mix with a
maximum of size aggregate of '/z inch, strength of 2000 PSI at 28 days, and a maximum
sluxnp of 4 inches
5. The outer conduits shall be encased with a minimum of 2 inches of concrete fill.
6. Concrete blocks shall be used to support the duct line from the bottom of the trench to ensure
that 3" of concrete fill is obtained under the bottom ducts of the duct bank. The spacing
cannot be less every 5 feet and should conespond with the spacing for the duct separators
7. Duct separators must be the Wunpeece Space provided by Underground Devices, and space
no less than every 5 feet.
8. Proper strapping and tie down shall be used during construction to prevent conduit float and
inovement during construction and concrete pour
9. Duct bank shall be backfilled with flowable fil] under all road crossings extending 5" on
either side of the road. Compacted soil shall be acceptable backfill except under roads.
Manholes
1. Contractor shall install (5) 10'x10'x7' manholes in accordance with KCPLstandard drawing
720-103 and provided by KCPL approved vendor
2. The entire excavation area for each manhole shall be Backfilled with a digable concrete
flowable fill mixture
3. Provide all manhole rings and covers
4. Provide three (3) manhole flares
Bases
1. Provide two (2) switchgeaz concrete bases to accommodate KCPL provided, outdoor
distribution equipment
2. Provide five (5) KCPL sectionalizer base
Site Li h� ting:
1. Provide listed two (2) two head type A pole lights, twenty nine (29) single head type A pole
lights, and twenty (20) type B pole lights along roads as shown on contract drawings. Lamps
are included with all fixtures and will come installed
62
1.1 Single headed Type A light poles shall be Lithonia Round Tapered Steel with
Upsweep Mast Arms, Model RTSU 40 9-OB-SPM —US6.
1.2 Double headed Type A light poles shall be Lithonia Round Tapered Steel with
Upsweep Mast Arms, Model RTSU 40 9-OB-SPM —2US6.
1.3 Type A light fixtures shall be American Electric Lighring Roadway Series 325 black,
Roadway Lighting with Power door mode1325 25s RH 240 R2 FGT BK UL LC
1.4 Type B light fixtures shall be Architectural Area Lighting Promenade, black 150W
HPS. Model PRMD H3 150HPSMT BLK DB3-SR18 188 BLK TRA9 ADS BLK.
1.5 Type B light poles shall be Architectural Area Lighting Promenade, black with
decorative base. Model: DB3-SR18 188 BLK
1.6 Type B mounting ann shall be Architectural Area Lighting Period arm model: TRA9
ADS BLK.
2. Provide fifty one (51) concrete pole bases for lights shown on contract drawings
3. Provide 1/1/4" HDPE buried conduit between light poles as shown on contract drawings
4. Provide type 1 J boxes as shown on contract drawings
5. Provide wiring to all light fixtures in accordance with KCPL design, wire shall be CU THHN
Wire and be sized to carry KCPL designed lighting loads
6. Provide two (2) outdoor lighting control units with photocell, per design documents
7. Proper grounding of all street lights, in accordance with KCPL and NEC standards
Material
1. A projected bill of material has been included by owner for reference only. Contractor is
responsible for providing any materials not included in the "Owner projected bill of materials"
necessary for project completion.
63
Owner Provided Materials
Description Quantity U/M
10'X10'X7' PRETECH VAULTS 5 EA
Owner Projected Bill of Materials
Description Quantity U/M
#10 CU THHN WIRE 10,000 LF
q4 CU THHN WIRE 40,000 LF
N8 CU THHN WIRE 500 LF
AMERICAN ELECfRIC •325 25s RH 240 R2 FGT BK UL LC TYPE A 33 EA
LITH*RTSU 40 9-OB-SMP U56 DBL (TYPE A) Z9 EA
LITH'RTSU 40 9-OB-SMP 2US6 DBL (TYPE A) Z EA
AAL*PRMD H3 150HPSMT BLK D63-SR18 188 BLK TRA9 ADS BLK (TYPE B) 20 � EA
CP-16PDMNT-CALT - 2 EA
CP3891C15PAOKC 2 EA �
PHOTOCELLSLC4521 . z EA
700-109 SWGR BASE 2 EA
k3 RINGS 14" DIAMETER � � 235 - EA
20FT tt4 REBAR 277 LF
6W20-2 WUNPEECE 800 EA
H26-20-14 (HOLD DOWN BARS FOR TWO STACKED 6W20-2 & CLIP) . 400 EA
PVC-6 SCHEDULE 40 CONDUIT (20Fl LENGTHS) 5000 LF
PVC-1QTCEMENT 1� EA
GBOX-12X12BOX � 18 EA
� GBOX-12X12COVER 18 EA
GBOX-STREET LIGHTING — nameplate for in ground cover 1S EA �
BUSS-HEB-AW-RYC Fused Bread-a-way 153 EA
BUSS-NNB Neutral dummy fuse 51 EA
BUSS-2A0660 Boot for HEB-11 153 EA
BUSS-BAF-8 fuse 102 EA
BLKB-5008 —1/2x8ft UL GRD ROD /611380 55 C
ILSC-CGRC58 5/8 Ground Rod Clamp 55 C
BORE-2 SDRll HDPE — black with red stripe 60 C
BORE-7-17XXXX-4750 ' 9500 LF
PVC-4 SCH-40 Conduit 220 LF
PVC-6 90 SCH-40 ELBOW (30" radius) 4 EA
64
PVC-6 CPLG sch-40 coupling 6 EA
PVC-4 90 SCH-40 ELBOW (30" radius) 4 EA
PVC-4 CPLG sch-40 coupling 6 EA
IDEA-02-052 Red Danger High Voltage SOOOFTtape 2 EA
65
EXHIBIT E
TECHNICAL SPECIFICATIONS
Tkie Documents governing the Work are as follows:
Sheet Descrintion Sheet No.
BID FORM Attachxnent A
DRAWINGS
554425 Attachment B
560275-1 Attachment C
554896-1 Attachment D
KCPL DESIGN SPECIFICATION "S9" Attachment E
66
EXHIBIT F
CERTIFICATE OF CITY'S ATTORNEY
I, the undersigned, the duly authorized and acting legal representative of The City of
Riverside, Missouri, do hereby cer[ify as follows:
I have examined the attached contract(s) and surety bonds and the manner of execution
thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by
the proper parties thereto acting through their duly authorized representatives; that said
representatives have full power and authority to execute said agreements on behalf of the
respective parties named thereon; and that the foregoing agreements constitute valid and legally
binding obligations upon the parties executing the same in accordance with terms, conditions and
provisions thereof.
an ompson, City Attorney
Date: � ` �3 `-O� �a--
67
EXHIBIT G
�t�� Tor��'�Ointry
DEVELOPMENT
NOTICE TO PROCEED
DATE: 9�/�/�/Z
PROJECT:
PROJECT NO.:
TO: Contractor: d {vfc- �
(address)
��r�.f ,� l���a�
You are hereby notified to commence wark on or after the � day of _ 5�}r.vnlocY , 2012 in
accordance with the Agreement dated �- �3-apl�.. �
The work shall be substantially completed within _�� Calendaz Days. The date of substantial
completion is Nevc.Nbcr '!, 2oiz . The project shall be completed and ready for final
paymentby Nevtv»b A.1.2ai2.
NORTHPOINT DEVELOPMENT, LLC (Owner)
BY:
NATI-IANIE GEDORN
Receipt of e above NOTICE TO PROCEED is hereby acknowledged
BY:
Titl
this the 1 l day of , 2012.
' E�II�IBIT H
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
I upon being duly sworn upon my oath state that:
(1) I am the of
(2) all requirements of Section 290.210 to 290340. RSMo, pertaining to the payment of wages to
workers employed on public works projects have been fully satisfied with regazd to this Contractor's
wark on PROJECT;
(3) I have reviewed and am familiaz with the labor standazds provisions and prevailing wage rules
established by the Missouri Department of Labor and Industrial Relations Division of Labor Standazds;
(4) based upon my knowledge of these rules, including all occuparional titles set out in the
applicable regulations, I have completed full and accurate records clearly indicating:
(a) the names, occupations, and crafts of every worker employed by this Company in
connection with this Project together with an accurate record of the number of hours worked by
each worker and the actual wages paid for each class or type of work performed,
(b) the payroll deductions that have been made for each worker, and
(c) the amounts paid to provide fringe benefits, if any, for each worker;
(5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a
third pariy pursuant to a fund, plan, or program on behalf of the workers;
(6) these payroll records aze kept and have been provided for inspection to the authorized
representative of NorthPoint Development and will be available, as often as may be necessary, to such
City and such other regulatory agencies as may be deemed necessary;
(7) such records shall not be destroyed or removed from the State of Missouri for one (1) year
following the completion of Contractor's work on this Project;
(8) when in effect, the requirements of Sections 290.550 tUrough 290.580 RSMo. Pertaining to
excessive unemployment were fully satisfied; and
(9) there has been no exception to the full and complete compliance with the provisions and
requirements of the wage orders applicable to the Agreement and Contract Documents.
The matters stated herein aze true to the best of my information, knowledge, and belie£ I
admowledge that the falsificarion of any information set out herein may subject me to criminal
prosecution.
Signature
Printed Name
Subscribed and swom to me this _ day of , 2012.
Notary Public
My Commission expires:
EXHIBIT I
ENGINEER/CONSULTANT'5 CERTIFICATION
For Acceptance and Final Payment
NorthPoint Development
Project Name•
Project No•
Contractor•
Engineer•
Contract Date•
Date of Completion and Acceptance:
The Contractor has notified me that he has completed all work in accordance with the
Contract Documents and that it is functioning properly.
I hereby certify that a final inspecflon of all work under the Contract Documents was
conducted by me and to the best of my l�owledge; the work has been completed in accordance
with the drawings and specifications and is functioning properly.
I have approved all payment estimates, and prepazed and received approval of all change
orders. I have received the required certifications; instructions for operating the equipment,
manuals, and other documents that aze applicable to this project from the Contractor and have
delivered them to NorthPoint Development.
NorthPoint Development is now responsible for the security, operation, safety,
maintenance, and insurance as applicable to the project. The Contractor will warranty all
specified work for a period of one (1) yeaz (or a longer period if governed by Missouri Statutes)
from this date of completion. Notification has been given to the proper Government agencies that
the work is completed.
I recommend, under the provision of the Contract Documents that the Work be accepted
and that final payxnent be made.
Executed by the Engineer on this day of , 2012.
Signature:
Typed Name:
(SEAL)
The wark described above accepted by the consultant is hereby aclrnowledged and fmal
payment authorized.
NATHANIEL HAGEDORN Date:
EXHIBIT J
AIA Application for Payment
AIA Continuation Sheet for Application for Payment
1
�;,;J�;'\; '!i AIA� Document G732'� - 2009
Application and Certificate for Payment, Construction Manager as Adviser Edition
TO OWNER: PROJECT: Horizons Phase I Electrical APPLICATION N0: DISTRIBUTION T0:
OWNER
PERIOD T0: CONSTRUCTION MANAGER
ARCHITECT
FROM VIA CONSTRUCTION CONTRACT DATE: CONTRACTOR
CONTRACTOR: MANAGER: NorthPoint FIELD
PROJECT NOS: / /
VIA ARCHITECT: Olsson Associates
CONTRACT FOR: General Construction of Electrical
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies Ihat [o the bes[ of [he Conlractor's knowledge, informa[ion and
belief Ihe Work covered by this Application for Paymen[ has been completed in accordance with [he
Application is made for payment, as shown below, in connection with the Contract. Contract Documents, [hat all amounLS have been paid by the Contracror for Work for which previous
AIA Document G703T"', Continuation Sheet, is attached. Certificates for Payment were issued and paymen[s received from the er, and [hat wrtent
1. ORIGINAL CONTRACT SUM ............................................................. $0.00 paytnent shown herein is now due.
2. NET CHANGES IN THE WORK .......................................................... $0.00 CONTRACTOR:
3. CONTRACT SUM TO DATE (Line 1 f 2) ............................................. $0.00 By: Date:
4. TOTAL COMPLETED ANO STORED TO DATE (Column G on G703) .............. 50.00 Sta[e of.
5. RETAINAGE: County of.
a. 5 % of Completed Work Subscribed and swom to before
(Co/umn D+ E on G703: $0.00 )_ $0.00 me this day of
b. 5 % of S[ored Material Notary Public:
(Column F on G703: 50.00 )= 50.00 My Commission expires:
Total Re[ainage (Lines Sa + 56, or Total in Column I on G703) ................... $0.00 CERTIFICATE FOR PAYMENT
6. TOTAL EARNED LESS RETAINAGE .................................................... $0.00 In acwrdance with the Contrac[ Documents, based on evaluations of the W the
(Line 4 minus Line 5 Total) comprising this application, the ConsWC[ion Manager and Architect ertity that to [he
7. LESS PREVIOUS CERTIFICATES FOR PAYMENT .................................... $0.00 best of [heir knowledge, information and belief the Work has progres as �' , th quality of
(Line 6 from prior Certificate) the Work is in accordance with the Contract Documents, and the Contractor �tled to ent of
8. CURRENT PAYMENT DUE ................... ......................................... $0.00 �he AMOITNT CERTIFIED.
9. BALANCE TO FINISH, INCLUDING REfAINAGE AMOUNT CERTIFIED ...................................................... 50.00
(Attach exp[anation ijamoun[ certified differs jrom the amount appli d/ 1J re this
(Line 3 minus Line 6) $0.00 Application and on the Continuation Sheet that are changed to conf m ith t a nt certified.)
CONSTRUCTION MANAGER:
gy: Date:
SLiMMARY OF CHANGES IN TT-IE WORK ADDI7'IONS DEDUC770NS ARCHRECT: (NOTE: ljMultiple Prime Contracmrs are responsible jor perjorming ortions ojthe
Total changes approved in revious months b Owner $0.00 50.00 Project, the ArchitecYs Certification is not required.)
Total approved this mon[h including Construction By: Date:
Change Directives 50.00 $0.00 This Certificate is nM'negotiable. The AMO[INT CERTIFIED is pa bl only [o [he Con ac r
TOTALS $0.00 $0.00 named hereia lssuance, paymen[ and acceptance of payment are wi ut i of
NET CHANGES IN 77iE WORK 50.00 the Owner or Contractor under this Contract.
MA Dec�ent 6�32"- 2009 (formaxly GOOT'Clfa - 1992) . Copyrigh[ t91992 and 2009 by The American Ins[i[ute of Architeccs. All siqhGe z�eexved.
Nl�Rlfi110: STi� AIA• OeearnG L preGebd br 0.8. CepyzipDG Lar aM Inbzn�tien�l Sr��tfu. On�a[Leziud rpredvctien ez Gi�tzlbatlen oi USt ASL•
Doea�nt, o�nY Pertlen ol it, �at :uvlt in �o�x� eiKl �nd eriain�l p�na1G1��, anA rill W pnoucu[�d W ts� �azfam �:Nnt peutbl� v�x <M
lo. This tlraft was produred by AIA softwave a[ 12:32:20 on 0]/2]/2012 under Ovder No.090185986fi_1 w�ich expines on 0"//2�/2013� and is not for
sale.
Oun Nobe:
120505�822]1
1
- ���-
I���j�"��,� li AIA� Document G703 - 1992
Continuation Sheet
AIA Document G702, APPLICATION AND CERTTFICATTON FOR PAYMENT, APPLICATION N0:
containing Subcon[racWr's signed certification is attached. AppUCATION DATE:
In tabulations below, amounts are in US dollars.
Use Column i on Contracis where variable retainage for line items may apply. PERIOD T0:
ARCHRECTSPROJECTNO:
p B C D E F G H I
WORK COMPLETED MATERIALS TOTAL gpLANCE TO RETAINAGE
ITEM DESCRIPT[ON OF SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED AND °�^ FINISH (iF VARIABLE
NO. WORK VALUE APPLICATION THiS PERIOD STORED STORED TO DATE �G * C) �C - G) RATE)
D+E OTINDORE D+E+F
0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0. 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 0 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0. 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0. 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0.0 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00
0.00 0.00 0.00 0.00 0.00 0.00% .00 0.00
0.00 0.00 0.00 0.00. 0.00 0.00% 0 0.00
0.00 0.00 0.00 0.00 0.00 0.00% 0 0 0.00
GRAND TOTAL O.00 0.00 0.00 0.00 0.00 0.00% 0.00
�
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rvaC. RAIINSNO: fT1t AIA� Uoawnt L piaNVtW Dy U.l. Coyy[Sql�t Yv �nd Inb[natlen�l Tv��t1u. Un�vfpexlxW ipceGUCfion or tl1�CC1DUt1en of
CI�S� AIA� DowMnt� ee �ny paztlen ef it. ��Y c��alt Sn ��wr� e1vi1 �nG evi�lnal p�n�lti��. �nG w111 W pno��aulM te CM ��zl��v �ibnt peu1L1�
anM[ tM L�. T�is tivaf[ was p[oEUCetl by AIA sof[ware at 12:41:3� on 0]/2 V2012 untlei Oxtlex No.8901859866_3 w�ich expiies on OV2]/2013� and is mt
fox [ sale.
V��i Not�e:
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