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HomeMy WebLinkAbout1177 Repeal Ord. 1168 Approve Landscape Horizons Phase I BILL NO. 2012-085 ORDINANCE NO.� AN ORDINANCE REPEALING ORDINANCE NO. 1168 AND ENACTING A NEW ORDINANCE APPROVING AN AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT LLC AND GUNTER CONSTRUCTION COMPANY FOR THE INSTALLATION AND CONSTRUCTION OF HORIZONS PHASE I LANDSCAPE, SIGNAGE & OBELISK INFRASTRUCTURE WHEREAS, by and through Ordinance No. 1168 the City approved an Agreement for completion of certain public infrastructure improvements known as Horizons Phase I Landscape, Signage & Obelisk for an estimated cost of installation and construction of Three Hundred Seventy Two Thousand Eight Hundred Twenty Three Dollars and Fifty Cents ($372,823.50) between NorthPoint Development, LLC and Gunter Construction Company (the "AGREEMENT"); and WHEREAS, by and through Ordinance No. 1168 the City approved said AGREEMENT to be executed in substantially the same form as the Agreement, which was marked as E�ibit A which was attached to and incorporated therein to Ordinance No. 1168; and WHEREAS, the City desires to repeal Ordinance No. 1168 and enact a new Ordinance with a new Exhibit A which reflects an Agreement that can be executed with an authorized and estimated cost of installation and construction no greater than Three Hundred SevenTy Two Thousand Eight Hundred Twenty Three Dollazs and Fifry Cents ($372,823.50) unless otherwise modified in compliance with the Code of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1. BEST INTEREST OF THE CITY. In order to further the objectives of industrial and economic development of the City as contemplated by the MDA, it is in the best interest of the City to: a. repeal Ordinance No. 1168. b. consent to NorthPoint and Gunter Construction Company entering an Agreement for completion of certain public infrastructure improvements known as Horizons Phase I Landscape, Signage & Obelisk for an estimated cost of installation and construction of Three Hundred Seventy Two Thousand Eight Hundred Twenty Three Dollazs and Fifty Cents ($372,823.50) between NorthPoint Development, LLC and Gunter Construction Company (the "AGREEMENT"), in which the City of Riverside, Missouri and the Industrial Development Authority of the City of Riverside, Missouri are Third Party Beneficiaries ("AgreemenY') in substantially the same form as set forth in Exhibit A, attached hereto and incorporated herein, and the City so CONSENTS, and the City authorizes execution of said Agreement by the Mayor with issuance of the Notice to Proceed authorized to be approved by the City Administrator upon written confirmation by the City Attorney, or Special Counsel to the City as designated by the City Administrator, of satisfaction of the following conditions: WA 393387S-I a. A performance bond satisfactory to the City Attorney, 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 inc(ude 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 a 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 construction work provided for in the contract. The bond shall be in an amount equal to one hundred percent (100°/d') 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 NoRhPoint; 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. CONSTRUCTION SAFETY PROGRAM. 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. Gunter Construction Company shall forfeit as a penalty to the City Two Thousand Five Hundred Dollazs ($2,500.00) plus One Hundred Dollazs ($100.00) for each employee employed by Gunter Construction Company for each calendaz day, or portion thereof, such employee is employed without the required training. SECTION 3. PREVAILING WAGE. The project is subject to the requirements of Section 29.250 RSMo, which requires the payment of prevailing wage. The City, in E�chibit C of the Agreement, 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. AUTHORITY GRANTED. The City and the officers, agents and employees of the City, including the Mayor, the City Administrator, the City Attorney, and Finance Director and other appropriate City officials aze hereby authorized to execute in an Agreement in substantially the same form as set forth in Exhibit A, attached hereto and 2 WA 3933875.1 incorporated herein, and to take any and all actions as may be deemed necessary or convenient to carry out the terms and conditions of such Agreement and comply with this Ordinance and the City Clerk is authorized to attest thereto upon satisfaction of the above conditions precedent as confirmed by the City Attorney. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon 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 Boazd of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri this 18th day of December, 2012. PASSED AND APPROVED, this 18th day of December , 2012. ��1�� � , Mayor Kathleen L. Rose ATTEST "`� � City Cleek.� � � � Ap r ved as to Form S ial Legal Counsel 3 WA 3933875.1 EXHIBIT A AGREEMENT BETWEEN NORTHPOINT DEVELOPMENT, LLC, AND GUNTER CONSTRUCTION COMPANY FOR COMPLETION OF HORIZONS PHASE I LANDSCAPE, SIGNAGE & OBELISK Third Party Beneficiaries: City of Riverside And The Industrial Development Authority of the City of Riverside, Missouri (SEE ATTACHED) 4 WA 3933875.1 AGREEMENT BETWEEN w,!4jxY"1JTCYw7Uwj`I IIIIII I III q�11y;IIII Third Party Beneficiaries: City of Riverside Missouri Gunter Construction Company CONTRACTOR: 11, CONTRACT PRICE: UIc) 25 LOL0101112L a 1. JIM THIS AGREEMENT, made and entered into as of the day of 2012, by and between NorthPoint Development, LLC("Nortoint") and ifgAkr ("Contractor"), shall govern all Work to be provided by Contractor for Nortoint on he Project. WHEREAS, Nort oint desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained; IT IS HEREBY AGREED by NortPoint and Contractor as follows: 1110IN10 1 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 Development" or "Nortoint" 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. "Architect/Engineer" The following Consulting Architect/Engineer: Brett Spangler — Vireo Tim Baldridge — NSPJ Architects F. "Project" The building, facility, and/or other improvementsfor which Contractor 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 Hqymond-NorthPoint Development 25 H. Subcontractor" A person, firm or corporation supplying labor and materials or only .•• for the work at the site • the project for, and •- separate contract • agreement with the Contractor. 1. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract i• so that '• occupy • utilize the Work for its intended use. • Completion shall • • • before May 15, 2013. J. "Work" or "Work on the Project" Work to be performed at the location of the project, including the transportation • materials and •• to • from the location • 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 Exhibit D (Scope of Work) and Exhibit E (Technical SDecifications) to this •;_ and the other Contract i• in full •"'- • UII& 4 LII0F Ulldtt?,Ch US 01 • F4 Vt • Ill UXS 1-kgFC0Il1CIlL. I IIC 4; • IIIUJ FCICI- Project, or only a part of the Project if work on the Project also is being performed by City, NorthPoint, • 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 • herein, • delivered in person to said party • their authorized representative • the work. ARTICLE 11 THE PROJECT AND THE WORK A. Contractor 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, • and nature • the Project site and surrounding areas, (2) • prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount • the time for performance • the Work because • Contractor's failure to • •. C. The Architects (Vireo / NSPJ) shall act as NorthPoint'srepresentative during the construction period shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. Architects may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Architects will make visits to the site and determine 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 • materials, workmanship, and • of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The 26 Architects will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Architect/Engineer, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. Wflow N RIVAN MWAVY1 [elm 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, permits, utilities, insurance, bonds, 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 I lump. sum Contract Amount of TAk Dollars 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 A. COMMENCEMENT OF WORK, The date of beginning and the time for 'ki,ifaiv -,0-- -C vy& zatiu-&2R 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 May 15, 2013, and shall complete each individual scope of work per the milestone dates listed by Contractor in Attachment A - Bid Form. The IfVjumf ?f pvgtvm-t* the contract time. The completion of all scopes of work must be final by May 15, 2013. 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 28 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 promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit toNorthPoint 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. Schedule shall include completion dates of a) Irrigation b)Trees c) Signage d) Obelisk e) Shrubs / plants D. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work by May 15, 2013, and each individual scope of work per the milestone datesas set forth by Contractor in Attachment A — Bid Form, 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 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. Recovery of liquidated damages is not NorthPoint's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation,NorthPointmay 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 performance 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. E. 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 M working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give t I - City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement we er. F. PHOTOGRAPHS OF PROjECT. The Contractor shallfumish photographs of the project site in the number, type, and stage as enumerated below: I Shrubs and Plants Install 2 Trees Install 3. Signage Install 4. Obelisk Install G. DELAY IN PERFORMANCE. In the event theProject 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, theProject Manager and/or the City Administrator may, in the Project Manager and/or the City Administrator'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 acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. 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 further time as agreed upon by th�-� 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 time, or both, directly attributable to any suspension 1. 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 govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Architects 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 Architects for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to NorthPoint for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification 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 29 b1 1171711 reTWITM "C' so as not to delay performance of the Work. Portions of the work requiring a shot) 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 Architect'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, Contractor agrees upon request to submit in a timely fashion to NorthPoint for review by Architectsany shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by NorthPoint. Contractor shall perform all Work strictly in accordance with approved submittals. Architect'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 Architects. 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 conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Architects. 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 inspection 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 testing and inspectio services required by the Contract Documents. NorthPoint shall provide all inspection and testi services not required by the Contract Documents. If the 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 Architectstimely notice of readiness. The Contractor will then furnish the Architectsthe required certificates of inspection, testing approval. Inspections, tests or approvals by the Architectsor others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The Architects andNorthPoint's representatives will at all times have access to the work. In additio authorized representatives and agents of any participating Federal or State agency shall be 30 permitted to inspect all work, materials, payrolls, records or personnel, invoices of materialsand 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 .d by the Architects, be uncovered for the observation an• replaced at the Contractor's expense.Architects considersor advisable that covered work be inspected or tested by others, the Contractor, at the Architect's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Architects may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF O'K. The Contractor shall promptly rem• • premises all work rejected by - Engineer forto comply with the contractdocuments,- _ incorporated • • or not, a the Contractorpromptly re• f re -execute the expenseIt rdance with the contract documents and without exi�aense to the owner and shall bear the of • ••ff all workof other Contractorsdestroyed • damaged by • 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 brand name or catalog numbers, 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 function 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 Drice and the Contract Documents s a e aDDrODriatelv modified by Change Or er. jencral •. • •LIF • •-jEM-Pin MNLIL. 111UMCIAM U11d11j;CD*tri •• •. `• • • accommodate •' be made by • •r without a change in the contract price or contract time. 0. LANDS i RIGHT OF WAY.Prior to issuance of • to Proceed, NorthPoint shall obtain all lands and • i for • out i • _ • of • • be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor andNorthPOint, in writing.• '•' provide t Contractor information delineates and describes the lands owned and right of way acquired. r r r r . 'r ' t � • '• 31 construction such as slope stakes batter boards stakes for pipe locations and other workin,,& ftoints, lines, elevations and cut sheets. 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 construction. The Contractor will employ and maintain 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 • behalf • the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present • site at all times as required to perform adequate supervon and coordination • the work. ARTICLE V A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between NorthPoint and Contractor, and are the Contract Documents: M 1. INFORMATION FOR BIDDERS 2. EXPERIENCE QUESTIONNAIRE 3. AFFIDAVIT OF WORK AUTHORIZATION 4. This AGREEMENT BETWEEN NORTHPOINT AND CONTRACTOR 5. PERFORMANCE BOND 6. PAYTBOD 7. PREVAILING WAGE RATES tTE OF MISSOURI DIVISION OF L4BOR ` ' ,iO' STANDARDS 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 familiar with the Contract Documents - entirety,s all ambiguities, a conflicts observed Documents,by Contractor have been called to NorthPoint's attention in writina and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract + it impossible for Contractorto comply with all provisions of • Documents,• Documents shall be cumulative, and Contractor shall comply provisions of • Documents. In case of •nflict, Contractor."notify NorthPoint of • +. and then shall complyprovisions of • Documents directs. ARTICLE NJ PAYMENTgl A. Prior i submitting its first applicationfor payment,• • provideNorthPoint With a scheduleof dividing • and the Contract Amount,into workable categories in a form acceptable to NorthPoint. Each application for payment shall be based uponpercentage of actual completionof each • multiplied by - dollar value of +• B. amountshall submit an Application. for Partial Payment to the Architect/Engineer. In addition to the of payment requested in the Application i • Partial Payment, each•f . • amountthe original Contract Amount, the amount Contractor has invoiced NorthPoint to date, the Contractor has- • to date,total additions to and deletions fromContract shallAmount 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 •unt Contractor intends to pay r • • and supplier. Application shall n•t include . request for payment forportion of • 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 33 payment for any Work performed deemed unsatisfactory by NorthPoint. Contractor shall include with each Application all supporting documentation as NorthPoint may require. The NorthPoint shall, 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. C. All payments under this Agreement shall be made only upon the approval of Engineer, City Administrator, and Project Manager. Architects shall review each application for payment and certify for payment such amounts as Architects 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 prepare a check for the sum certified to be due (exclusive of retainage), E. Neither Project Manager, City Administrator, or Engineer's approval certificate nor rWt1?l*Kx 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 byNorthPoint. 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 payment 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 performed or materials supplied included on any previous payment application to NorthPoint from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Architect/Engineer issues his or her certificate to that effect. The Architect/Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit I.NorthPoint, within thirty (30) days after the delivery of Architect/Engineer's certificate, shall pay Contractor all remaining funds which Contractor is due under this AgreemenL H. Acceptance of final payment by Contractor shall release NorthPoint from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not 34 release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. 1. NorthPoint may withhold final or other payment to Contractor on reasonable basis,• • but • f to the following: • •r • •=-- 3. Failure • - payments to subcontractors or • r' - 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of • ::. I: • 5. Damage by Contractor or subcontractors or suppliers to property of NorthPoint, City or others, iContractor'sbreachof * - or 7. i •r's failure to provide requesteddocumentation. J. The Contractor shall, at the request of NorthPoint, furnish satisfactory evidence that all obligations to suf • . flaborers,•materialmen f furnishers of machinery f parts thereof, equipment,if s • all suppliesf in the ftirtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay subcontractors or ff for bo • properly provided, i P• but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. NorthPoint shall not be .i to Contractor forf.yments maf. in g••l faith. This provisionnot confer• •n any Subcontractor or •'ir to seek payment directly from•, P f K. Notwithstanding other provision f•' payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, NorthPoint shall withhold and retain all sums f amounts due . • owning when making payments to Contractor under • ARTICLE VII A. NorthPoint,• . •1 Agreement, mayat any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall.proceed as and when directed in the order. 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 35 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 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Lump Sum Contract with Unit Pricing, by a lumps as to which Contractor and Nort hPoint 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 shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Chan• -O 1- onstitute 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 commencement or prosecution of the Work by an act or neglect ofNorthPoint . an employee, officer, or an architect 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 addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to NorthPoint's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. 36 H. No change or • delay or dispute concerning the determination • any increase or decrease in the amount of time and money for the performance of the Wo , s excuse Contractor f• proceeding prosecution of the Work,• • any Work changed. A * Contractor shall, at all times during the performance of any of the Workmaintain not less than the following insurance coverages and amounts: for Contractor,NorthPoint, its employees, officers, and agents, and any engineers,or other design professionals engaged by or on behalf of NorthPoint.the City of Riverside,employees and officers,the Industrial Development Authority of of •Missouri,• • 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,theof a ` its employees. • officers, Industrial Development Authority of the City of Riverside, Missouri, its employees and officersas an additional insurei and have notthan the followinv a. Each occurrence $2,700,000.00 b. General aggregate $2,700,000.00 c. Products/completed operations aggregate $2,700,000.00 d. The following coverage shall be included: contractual• Blanket .• • Products/completed operations • Personal/advertising • Broad form property a +•. • Independent• • • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to NorthPoint for operations 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 a ove. 37 3. AUTOMOBILE 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 officersagainst claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non -owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non -owned autos. The coverage shall have not less than a combined single limit of $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 in ury, disease, or death of i 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 N6rthp6int and with a minimum financial rating not lower than "B+XF in Best's Insurance Guide, latest edition' All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (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 insuredNorthPoint, 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 as additional insured the Industrial Development Authority of The City of Riverside, Missouri, its employees and officers, and (4) provide that it is primary 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 hazard. C. Contractor shall maintain the products and completed operations coverage for not less than ten(l 0) years after the date of final acceptance by NorthPoint of all of Contractor's Worv. E D. Contractor shallobtain property .nce upon the entire Workfor • of replacement at the time of loss. This insurance shall list as named insureds NorthPoint, Contractor, subcontractors,and suppliers' insurance shall be written as a Builder's vandalism,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, • debris removal,flood, earthquake,movement, damage, wind, testing, and collapse.This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or - of • ' •int, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than NorthPoint Development has an insurable interest in the property to be • - a by ••ner. NorthPoint and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers fordamages • by • `• by the property - provided for in this Paragraph, • • the proceeds of E. All policies and certificates of provide n• 1 day prior written notice to NorthPoint in the event of • expiration, • alteration, or - •n (including but noti to reduction by paid of • _,.•` or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall famish NorthPoint a certificate or - and copies of policies,• to NorthPoint,•- • f required insurance and is in compliance certificatethis ArticleThe or f copies of policies shall be delivered to NorthPoint's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liabili rs and agenit and architects, engineers, or other design professionals engaged by or on behalf of NorthPoint , the City f Industrial Development • of of aMissouri. F. Contractor also shall maintain any additional insurance coveragesand any highl limits provided for elsewhere in the Contract Documents and shall famish NorthPoint any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of •rk is subcontractedeach Subcontractor, or • . • on behalf of • • •' shall maintain liabilityandworker's 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. U If Contractor is a transient employerdefined •++ • i RSM6, Contractor must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of 39 - -- - - ----------- - ------- UUN I h-1 UP lu: Mk; /DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE (Mm,,,12 ., =1 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsam2at1s). PRODUCER Z!ONrA—CY Thomas McGee, L.C. 816-842-4800 -NAME P.O. Box 419013 816-472-5018 PRIML E , AX Ext), Nod; IA ko F.94y Kansas City, MO 64141-6013 - ADDRESS, -LNqURE IC # INSURER A. Valley �Or e Ins CO INSURED Gunter Construction Company INSURER B: Continental Casualty Cola 510 Southwest Blvd, Suite A Kansas City, KS 66103 INSURER c -,National Fire of Hartford INSURER D: Travelers Prop. gas. of Amer. 25674 _INSURER E._ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ��Py -ITgogy-n-p— MJI)D,Yg IN `SR- TYPE OF INSURANCE NUMBER y LIMITS im. — — WV0 (MM)DD[YYYYI- 1.10141001YYYY) GENERAL LIABILITY I I I'll I EACH OCCURRENCE $ 1.000,00( A X . COMMERCIAL GENERAL LIABILITY 6082775283 01/01/13 01/01/14 -DAMAOrTUMTEW $ 300,00( _ERE�MISE -fa CLAIMS-MADEEKOCCUR onepersein)6,00( PERSONAL& ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP A 000,00( 2 GG 1 $ 2 POLICY LX] FRO - LOC Emp Ben, $ 1,000,00C AUTOMOBILE LIABILITY COMBID SINGLE LIMIT EOED NEiftil— 11,000,00( A X ANY AUTO 6082775297 1 01/01/13 01/01/14 BODILY INJURY (Per person) $ ALL AUTOS SCHEDULED UT BODILY INJURY (Per accident)' $ A AUTOS -OWNED PROPE AGE HIRED AUTOS AUTOS $ NON LPLerac_cJden0 .LLraccJden0 LLraccJden0 UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 6,()00,()00 B EXCESS LIAB MADE 01/01/13 01/01/14 61000,000 CLAIMS- 6082776333 AGGREGATE $ DED_ A RETENTIONS WORKERS COMPENSATION WC E.L EACH Al STAfU-- I JOTH. AND EMPLOYERS' LIABILITY R C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 6082776302 01/01/13 01/01114 ACIDENT1,000,00. OFFICER/MEMBER EXCLUDED?NIA _ $ (Mandatory in NH) E L DISEASE - EA EMPLOYEE $ 1,000,000 It s DESCRIPTION OF OPERATION % hei6w describe under E,L, DISEASE - POLICY LIMIT $ 11000,000 D Builders Risk QT6604847N425TIL13 01/01/13 01/01/14 �Limit 11000,000 Ded 1,001D DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) '"rOieCt: Horizons Phase I Landscape, Signage & Obelisk City of Riverside, ,NorthPoint Development, LLC and The Industrial Development Authority of theCity of Riverside, MO are named as additional insureds as respects this rOject. Waiver of Subrogation where permissable by law. RECEIVED DEC 2 12012 CERTIFICATE HOLDER CANCELLATION CITYR14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Riverside, MO i'V 2950 NW Vivion Road AUTHORIZED REPRESENTATIVE Riverside, MO 64150 O sr.1988-2010 ACORD CORPORATION. All rights reserved. ORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD UUN I 1---1 UP IU: MG A DATE (MMIDD/YYYY) I I LIABILITY I 11/28/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is ars ADDITIONAL INSURED„ the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, sub aeCt to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 816-842-4800 NAMEACT Thomas McGee, L.C. PHONE' P.O. Box 419013 816-472-5018 (ABC Kansas City, MO 64141-6013 E MAIL ADDR,Lw.�S �` ItJSLHRE i S�AFFORCI1T�Ou OVERAGE � NAIC INSURED Gunter Construction Company INSURERS: VIII "O,9_1S, Co, v 1226 Swift INSURER C : Continental Casual Com ars v u j North Kansas City, MO 64116 INSURER o National Fire of Hartford INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED; MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS; CERTIFICATE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES; LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . R . ,. ..._ .. _.� . A.O"OLISU .._.............. ... ........._.....� .. _.....__ _. 060dy-k-0 . .PCYLICY EXP„ I TR TYPE OF INSURANCE POLICY NUMBER MWDO/YYYY MMID01YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE N$ tu� 1,000,00 B COMMERCIAL GENERAL LIABILITY 5082775283 01/01/12 01/01113 DAMAGE TO RENTED PREMISES 4Ea occurrence} $_ CLAIMS -MADE OCCUR MED EXP (Any one person) $ 300,000 , 5,00 111 ..PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 C LP$L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP(OP AGG $ 2?1100101,010101 - Emp Ben. $ 1,000,00 POLICYPRo Loc ®DSINGLE LIMIT COMBINED SINGL 1,0t _$ AUTOMOBILE LIABILITY ., C X 5082775297 01/01/12 01/01/13 BODILY INJURY (Per person) $ v ANY AUTO ALL OWNED.. SCHEDULED BODILY INJURY (Per accident). $ AUTOS NONPROPERTY DAMAGE $ HIRED AUTOS AUTOS (PefacC6dentj__._ .,, v .,._ - X UMBRELLA LIAB CCUR EACH OCCURRENCE $ ..V 5,000,00 C EXCESS LIAB ' 5082775333 01/01/12 01/01/13 AGGREGATE $ _.w X�GLAIMS-MADE 5,000,000 - I 7..J E 62FTFNTI{lN $ WORKERS COMPENSATION X WC STATU- OTH- TQ Y L) IT �._ EE AND EMPLOYERS' LIABILITY ANY PROPRiETOR1PARTNERIEXECUTI'VE v/N NSA 5082775302 01/01/12 01/01/13 EL EACH ACCIDENT EXCLUDED? _ 500,00 500,000 OFFICER/MEMBER E L, DISEASE - EA EMPLOYEE. $. gMandatory in NH) If yes, describe under E.L DISEASE POLICY LIMIT $ 500,00 .DESCRIPTION OF OPERATIONS below A Builders Risk QT6604847N425TIL12 01/01/12 01/01/13 'Limit 1,000,00 Ded 1 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project. Horizons Phase I Landscape, Signage & Obelisk City of Riverside, MLO, NorthPoint Development, LLC and The Industrial Development Authority of the City of Riverside, MO are named as additional insureds as respects this project. Waiver of Subrogation where permissible by law. I� w City of Riverside, M0 2950 NW Vivion Road Riverside, MO 64150 t ACORD 25 (2010/05) CANCELLATION CITYRI4 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P T UN IU: MG INSURANCE BINDER =DATEDDnvrr) 2012 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY 61NDIaR # 5347 Thomas McGee, L.C. CNA Insurance P.O. Box 419013 — E EFFECTIVE.�?s EXPIRATION Kansas City, MO 64141=6013 DATE ._. DAT X I X 12:01 AM 11/27/12--1 12:01 PM 02/27/13 �._ ON tC3N 816-842-4800 _ AAjC_No1: 816-472 5018 CODE THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE SUB CODE PER EXPIRING POLICY #: NAMED COMPANY A�trENCr m--�.�,_,.,.....�......._,_.._ �...�.r............._..._. CUSTOMER. ID:.GUNTE-1 --..A�.,.�,..,�.u�..,,�.,... DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY (Including Location) INSURED City of Riverside, MO I Project: Horizons Phase I Landscape, 2950 NW Vivion Road Signage & Obelisk Riverside MO 64150 COVERAGES LIMITS TYPE OFINSURANCE COVERAGEIFORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS &g g r BASIC1-1 BROAD D SPEC GENERAL LIABILITY EACH OCCURRENCE $ 3 QQQfQQ 999 COMMERCIAL GENERALLIABILITY m RENTED PREMISES $ .m: CLAIMS MADE 1:1 OCCUR ..__ _ .-� MED EXP (Any one person) $ X Owner & Contractor Prot _ PERSONAL &ADV INJURY $ GENERAL AGGREGATE^^ $ a. 3,000,00 - RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMP/OP AGO -- - $ AUTOMOBILE LIABILITY - -- ANY AUTO COMBINED SINGLE LIMIT BODILY INJURY (Per person) $ $ v - ALL OWNED AUTOS BODILY INJURY (Peraccidenl) $ SCHEDULED AUTOS PROPERTY DAMAGE $ -� _ HIRED AUTOS MEDICAL PAYMENTS $ NON-OVVNED AUTOS- PERSONA L INJURY PROT $ _r UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL OTHER GARAGE LIABILITY AUTO ONLY- EA ACCIDENT a $ ANY AUTO OTHERT HAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY - EACH OCCURRENCE -.$ - UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE. SELF-INSURED RETENTION $ 1NC STATUTORY LIMITS- IMITS WORKER'S WORKER'SCOMPENSATION'.E.L,EACHACCIDENT $ AND EMPLOYER'S LIABILITY EL: DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL FEES $ CONDITIONS/ OTHER TAXES $ ..COVERAGES -...._......,-.... .,_..�...,..,.._ .,,�.�:w.„P�._eme.,...,..�._.u� ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE �, LOAN # AUTHORIZED REPRESENTATIVE ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-2004 This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when canooUeUun will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by e policy. If this binder is not replaced by o policy, the Company is entitled to charge u premium for the binder according to the Rules and Rates in use by the Company. When this form is� ^^ provide insurance in the amount of one million dollars ($n,00.000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". VVVh� — to binders issued to`renters ofresidential pnemisos, home owners, condo unit - uwnemsmd mobile home ownem, the insurer has thirty (30) business days. commencing from the effective date of coverage, to evaluate the issuance ufthe insurance policy. The mortgagee oxObligee ofany mortgage mother instrument given for the purpose of creating oUen on real property uheU 000e[t as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as |uoo payee; e description of the insured real property; a provision that the binder may not be canceled within the term of the binder un|oua the lender and the insured borrower receive written notice of the cancel- lation at least ton (10) days prior to the ueno*||aUun; except in the oeee of renewal of policy subsequent to the closing of the |omn, a paid receipt of the full amount of the applicable pmmium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2110 Except for Auto Insurance oovaroge, no notice of cancellation or nonrenewal of binder is required unless the dumduh of the binder exceeds 60 days. For auto inuunsnoe. the insurer must give 5 days prior noUuo, unless the binder isreplaced byepolicy branother binder inthe same company. Any person who refuses to accept' a`binder which provides coverage of less than ° when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable tothe party presenting the binder as proof ofinsurance for actual damages sustained therefrom. ACORD 75 (2004109) Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of ImiclopmentSecurAp. Ano transient ems:"mer failin to corniolp with these reituirements 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. 1101 " 310 10 V " A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and ho harmless NorthPoint, its employees, officers, and agents, and any architects, engineers, or othe 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 orresultin from the ]i�erfbrmance of the Work trovided that such claiM_L=,,.4e"1 loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or ma supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they r1l be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a pa indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or perso as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of direct]VA or indirectlgi emol �-d b�-A 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, compensation, 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 ilAm"k1ft I Contractor agrees to defend, indemnify, and hold harmless NorthPoint, the City and the Industrial Development Authority of the City of Riverside, Missouri, their officers, emp oyees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark Or proprietary or trade secret rights of others, as well as against ff vjmk any of them, on account of any such actual or alleged infringement. W ARTICLE XI A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award 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 Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by 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 agreeable nationally recognized certified public accounting firm to examine, at NorthPoint Development's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this C. No official of the NorthPoint who is authorized in such capacity and on behalf o 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 contract 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, architect, attorney, engineer, or inspector of or for the owner who is authorized in such capacity and on behalf of NorthPoint to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shal become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to t 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 accounting principles, such recor s as are 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 at e City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to NorthPoint's account. NorthPoint or its 41 these records at any time during normal business hoursto verify the accuracy of • i invoicest charges. A. The following persons are designated by the respective parties to act 6nbehalf of such party and to receive all written notices and Payment Applications: Brad Haymond Project ,.. 6300 N Revere ON' I U11 Li- Lr} Jam,. ?' ` notice required by the Contract Documents to be - or either NorthPointor Contractorto give to the other in writing shall be signed by or on behalf of certifiedthe party giving notice. The notice shall be deemed to have been completed when sent by or -• -• mail to the other riartpiaddress set forthor delivered in Gwerson to said party or their authorized representative. C . Contractor's designated representative shall be available to meet with NorthPoint at any time during the performance of - Work and shall have• • act on • • behalf on any matter related to this Agreement and/or the Work. • 1 Im V 01 OIL A. If Contractorto comply,becomes . • 1 comply,or i r probability (as determined solely by NorthPoint) will become unable to comply with any of Contractor's obligations un• • Documents,• • but i' limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not f to insurance and bonds) with the Contract Documents,or or respectproperly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any • prosecute the Workpromptness an• diligence, (3) causing any stoppage • - •••... • delay in, or interference with any work of • Pf or others on the . • abandonment by • • of or part of • or bankruptcy,• or general assignmentfor - benefit of -r • by • •r, Contractorbe default,• if the default is notcorrected to • '• • • (72) hours of delivery of a written notice to Contractor to correct such default, NorthPoint Developmentmay, in addition to any other rightor fy NorthPoint may Contractor af take possession of project and of i r tools, • equipment • machinery thereonowned by i • and finish the workby 42 method NorthPoint may deem expedient to correct 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 rightB. If City exercises its • take over and complete any part or of • 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 . r .,• away frombe necessary to prosecute the Work taken over by • ''• and may employ• semployeesor formerr • withoutall .r to Contractor. C. Contractor shall be liable for and shall pay to NorthPoint all costs and expenses o whatsoever - incurred by • '• of default by • •r, including f not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, • legal and accounting fees. Contractoralso shall be liable for and shall pay to NorthPoint all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against NorthPoint tas a result of any delay or disruption resulting from any default b Contractor. The total amountof •expenses,• penalties,• damages, • claims may be deducted by • '• from . amount, if any, otherwise due f • , • • • r • •• • • • •tal • ` the amount otherwise due Contractor. A DNo right or `• f upon or `r to NorthPoint by • Documents is exclusive of other rightor `• provided • permitted in the Contract Documents or by or equity,but • or - -r ` of every other rightor remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by • • of or •y shal re eve Contractor rom anr a • ute responsibility for of f • obligations underthe Contract Documents. shallE. 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 NorthPoint shall 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 obligations under the Contract Documents be deemed or •, •II as a waiver or • of • .iright 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 90 days by •• or f order of • or other public 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 Contractor may after ten (10) days from delivery of written notice to NorthPoint to terminate the Agreement and recover from the NorthPoint tpayment for M 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 estimate 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 labor, (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. 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,terminate Contractor's performance of any part or all of the Work for NorthPoint's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for NorthPoint'sconvenience, Contractor shall, to the extent directed by NorthPoint, stop work and tum over to NorthPoint or NorthPoint's 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 NorthPoint's convenience, and NorthPoint'sobligation 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 area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to Northpoint, Contractor shall include (a) a signed statement, in form acceptable to NorthPoint, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day,the total hours worked during the payroll period,the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from 44 each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE r e r 1 ■ 1 RVIOVISIOVS A. MISSOURI PREVAILING W•GE LAW. Nothourly r of wages established by • Department of .f1 and Industrial RelationsDivision • Labor Standards, as set out in the wage order set forth in ExhibitCattached to and made a part shall be paid to all workers performing work under the Agreement. An Affidavit of Complianc 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 forfe, a penalty to the NorthPoint of $100 per day (or portion of a day) for each worker that is paid I than the prevailing •r any work done under• by • • or ry any Subcontractor. monthB. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment in -f -ly following two consecutive calendar months • - level- • unemployment in the state has exceeded five percent (5%) as measured by the United States Bureau • .r• • • .r• r- • • • • • • least thirty • i intend • become • • • • laborers •non - 0 • Missouri.•• from • • on public worksprojects in that state, as determined by Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are no available, or are incapable of the particular type of work involved, if so certified by the • • .. • approved r • performing `• C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the work covered by this Agreement, the NorthPoint, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as NorthPointmay consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by NorthPoint, for and on account of the Contractor or e Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on behalf to plans,• or programs • •' of • benefit prescribed in LIMITATIONSthe applicable wage determination. D. ON • No person under,.- of - • years r no• • • at the time, is serving sentence in a penal or • 1institution shall be employed on the work• -f by ♦ • - 45 EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX 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. NorthPoint'sconsent 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 bene ciary o e 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 indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by 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 terms of the Contract Documents insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that NorthPoint tmay exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual 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 shall 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 NorthPoint'swritten consent. ARTICLE XX 46 A. NorthPoint reserves the right to let other contracts in cormection 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 work dependsf• • of other contractor,• .ctor shall inspect and promptly executionreport to the Administrator any defects in such work that render it unsuitable for such proper f B. The City may perform additional work related to the project or the NorthPoint maj let other contracts• provisions simil, • these. The Contractor• f NorthPoi other contractors who are parties to such contracts (or the NorthPoint, if NorthPoint is performing the additional work)opportunity for•• • and storage of materials and equipment and the execution of work, and shall properly connect and coordinate tVe urork with theirs. C. if the performance of additional workby other contractorsor • P• not thereofnoted in the Contract Documents prior to the execution of the contract, written notice 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 byNorthPoint or others involves it in it to amp extension of the contract time the Contractor ma_,j make a claim as provided ARTICLE XXI ACCESS TO SITEXLEANING •; adjacentA. Contractor shall ensure that the Work, at all times, is performed in a manner that the site of the Work and all C Representatives of • '•int may inspect or • performed by Contractor, and consult with Contractor, at any time. NorthPoint'sinspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with NorthPointat 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 area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from NorthPoint of non- compliance, NorthPoint may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE COMPETENCE M Contractor -• - and warrants that it maintains all necessaryregistration, competence, and experience to perform all the Work. s: r MURA r r , 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 customarill accepted good professional practices. The Contractor warrants and guarantees for one (1) year from date of • • • and acceptance of •'ik, that the completed work is free from,9 defects due to faulty materials or • • date of • • • for • 1` of • shall be the last date of acceptance of work in this contract.• • promptly noticesuch corrections as may be necessary be reason of such defects including the repair of any othe damages that were caused by defects in the work, at its own expense. NorthPoint will give of observed defectsreasonablepromptness. In the event that the C• • damagemake 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 wher in the judgment of the NorthPoint delay would cause serious loss or damage, repairs and replacement of defects in the work and .f^ without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full forceand effect throughperiod. payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmans ip an materia . B . Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE I The Contractor shall provide at its own expenseand without liability to NorthPoint additional lan• and access thereto that the Contractordesire forr• • • facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage • • _ responsibility of • . 1 M Form 5060)be provided r • the purchase of any materials Or personal property incorporated • or consumed in the constructionproject, pursuant to RSMo 144.062. Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. R•' A. Contractor shall be responsible for• supervising precautions anf programs in c• • performance of ` Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss• (1) employees and• persons at the ' • or who may be affected by the • and equipment stored at • - or • - locations forper ormance 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 designate or remova , relocation, or replacement in the course of construction. B. Contractor shall give notices required by a comply strictly with applicable ordinances, rules, -r • orders, and the like bearing on safetyof persons or property • 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, • or part,by • •Subcontractoror anyonedirectly or f employed r of them or anyone• 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.provisions • applicable laws and building and construction codes shall be observed and the Contractor shall take or causeto be taken, such additional • . • health measures as NorthPointmay determine to be reasonably necessary. D. Pursuant • Section• • RSM6, Contractor shall provide 1hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be • Project. The constructionprogram i` course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. Contractor acknowledges and agrees that completion of a constructionprogram be required to produce documentation within twenty 1 days, or will be subject to removal fromthe Project. Contractor-•' all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 ► 1/ •. 49 Contractor shall forfeit to NorthPoint as a penalty two thousand five hundred f•($2,500.00),plus one • -r ••llars ($100.00) f• •n -site employee emr • `a by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed • • • • required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. E. If NorthPoint deems any part of the Work or the Project site unsafe, NorthPoint, performance of the Work or take corrective measures satisfactory to NorthPoint or both. If 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• . i or . change in the time forperformance• the Work based on Contractor's compliance with NorthPoint'sreasonable request. Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from• •employing, • for employment, or • • to employ unauthorized alien to perform workthe State of Missouri. Contractor.. • covenants that it is not • •'y in violation of • • of •285.530 RSMo, and that it will not, knowingly employ,for f i' or • to employ any unauth• • aliens to perform workon - Project,• that its employeesre to work in the United States. Contractor is an independent• • and neither Contractor• • • • suppliers, employees, or agents shall be deemed an employee or agent of NorthPoint for any • r• � r 0313 210 [a Contractor shall promptly upodiscovery notifyNorthPointofconflict,"r • or inconsistency• Documents, or between any ContractDocument and actual field conditions, and NorthPoint shall resolveconflict,• • or •;sole discretion. ARTICLE LPERFORMANCE AND PAYMENT BONDS M The Contractor . (10)days after the receiptof • of Award NorthPointwith . Performance Bond and Payment Bond informs set forthi Aand 'i in an amount at least equal to one hundred percent (100%) of the contract price, conditioned upon the performance by the Contractor all undertakings, covenants, terms, conditions and agreements of ` Contract Documents, • upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the workprovided iContract Documents. Such bonds be executed by • •+ 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 570and shall have a rating of at least "A+" from Best's or "AA." from Standard and Poor's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the work is to be performed or • • from the list of • is accepted on FederalBonds, • • days after noticefrom NorthPoint to •: • so, substitute an acceptable i• (or •i •s) in such form and sum and signed by other furnishedor sureties as may be satisfactory to NorthPoint. The premiums on such bond shall be paid by the Contractor. No ftirther payment shall be deemed due nor shall be made until the new surety or sureties shall have an acceptable •• • to NorthPoint Should any specificprovision of Agreement or other ContractDocuments be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE VO r, r No presumption Or inference against NOrthP`6int or the Cityshall be made because of NorthPoint's or the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII 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 NorthPointand Contractor agree otherwise, mediation be administered bv the American Arbitration Association under its Construction Industry Mediation c k B. In the event of •. • between Contractorand 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. 51 The titles • to the Articles in this Agreement are for ease • reference • 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 Each • every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake • • any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall rthwith b h sicall I amended to make such insertion or correction.All such laws, or ers and 111 11011111 11i 11111 111 NOMIMILIJI 0 1 ARTICLE XXXVI Contractor expressly acknowledges the City of Riverside, Missouri and The Industrial Development Authority of the City of Riverside, Missouri are third party beneficiaries under the Agreement and all other Contract Documents. The City and IDA shall have the right to enforce the provisions • the • or seek any remedies .• .•. the contractor and any an• 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 ntended to con er any rig s or reme ies 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. 0 1 DION N I tli MAN "'A 31 BILVA I 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 • matters, whether • • written, are • no further force • effect. Subject to Article VII • 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. E IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. By: NATHANIEL AGE Old CONTRACTOR: Gunter Copsowdon Company By: (Signattire) Printed Name: L Title: ATTEST: SC ITARY M • i� 'fas to I B 1 t1�' Printed e Nancy Thompson Countersigned by: CITY PURC14 SING AGENT: By: ('sign r) Printed Name: Approval by City:; CITY MAYOR: By: (Signature Printed Name: onorable> Kathy Rose 54 Bond No: 2159431 EXHIBIT A PERFORMANCE ON 111 11 MEN Missouri ("City"), in the total aggregate penal sum of Three Hundred Seventy -Two Thousand Eight Hundred Twenty -Three Dollars and Sixty Cents ------------Dollars ($ 372,823.60 ------- ) lawful money of the United q MOM Sm M = � THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to th terms of the Contract Documents during the original term thereof, and any extensions thereof] which may be granted by NorthPoint or the City including, without limitation, all warranty obligations and duties and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and hold harmless NorthPoint and the City from al. costs and damages which it may suffer by reason of failure to do so, and shall reimburse jan.d r-iq?�WJ*4T_ 6rAm&149� ;r in making good any default, then this obligation shall be void, otherwise to remain in full forc! PROVIDED FURTHER, Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder 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 fflyffli•� 56 PROVIDED FURTHER, that itis expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, 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 faithful performance of the Agreement as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond or the Agreement, shall include any alteration, addition, extension, or modification of any character whatsoever. GLmter- Construction Cc'14MY PRINCIP By: 7 (S.ignature , Printed Name: Title: Date: North American Specialty Insurance Wnpany 475 N. tingale Road, Suite 850 Schaumburg, IL 60173 800-33B-0753 SURETY By: (Signature) Printed Name: Barbara A. M i I I e r Title: Attomey-in-act Date: C2 - Note: • Date of Bond must not be prior to date of Agreement. • If Contractor is a partnership, all partners must execute the Bond. • Surety companies executing Bonds must appear on the Treasury Department's 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. C,URETY POWER OF ATTORNEY MUST BE ATTACHED 57 NORTH AMERICAN SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg Illinois each does hereby make, constitute and appoint: Barbary A. Miller Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Gunter Construction Company Bond Number: 2159431 Obligee: NorthPoint Development, LLC Bond Amount: See Bond Form Bond Description: Horizons Phase I Landscape, Signage & Obelisk Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9h of May, 2012; "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any Such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached," A,�Iwry" 7/- ­., V- & r PbSiverk By P. Anderson, SentorVice President of Washington Intemational Insurance Company N SE4 81 !F-url 1973 & A Senior Vice President ofNoAmerican Spccially Insurar" Company SEAL BY V*k/Y4�A— v'ON V ", David M.Uyman, President.—or hington Intemattanal insurance Company & Vice President OfNorth American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of Ma 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 25th day of Ma X 20"12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David. Layman Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known tome,- who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comanies. M"OFFICLAL SEAVI DONNA D. SKLFINS Notary Public, State of Blinois Donna D. Sklens, Notary Public My CorrunissionExpires 10106/2015 ;I I, Jeffrey Goldberg_,the duty elected Assistant of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. 16v.%IUv IRWIN a ARM KNOW ALL PERSONS BY THESEP SENTS: that Gunter Constrution Gmpmy a Corporation insert corporation, partnership or individual], hereinafter called Principal, and North ican Specialty Insurance Cwpany [insert name of surety], hereinafter called Surety, are held and firmly bound unto the NORTHPOINT DEVELOPMENT, LLC ("NorthPoint"), the City of Riverside ("City"), The Industrial Development Authority of the City of Riverside, Missouri, and unto all persons,_ firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate Three Hundred Seventy -Two Thousand Eight Hundred Twenty -Three Dollars and penal sum of . - - Is----- ---- =t -r ------------------ 823 XT Y Dollars ($372,,o in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. for each craft or type of worker required to execute the Work required byAhe Contract A• I - I• fi ns determined by the Den ent of Lab) 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' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other interested 58 party, in the name of NorthPoint, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on 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. Gunter Construction Canpany PRINCIPA�jj,�L By: (Signature) Printed ame: kE(A , C?21 Pilt fj "/ i t I e: T c 1� Date: North ican Specialty hmrance Canpany 475 N. Martingale Road, Suite 850 1 unburl,IL 60173 338-0753 _ S By.• P i m ted Pr Title: Date: Note: • Date of Bond must not be prior to date of Agreement. • If Contractor is a partnership, all partners must execute the Bond. -P Surety companies executing Bonds must appear on the Treasury Department's 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 ATTORNEY MUST BE ATTACHED 59 NAS SURETY GROUP Q ANIL 'y 'N &Vj r KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Barbara A. Miller Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Gunter Construction Company Bond Number: 2159431 Obligee: NorthPoint Development, LLC Bond Amount: See Bond Form and Description. Horizons Phase I Landscape, Signage & Obelisk Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9thofMay, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day ofMay 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. FR 'S LOW14 �0- A"PAZ S S oz Public, tate of Illinois Donna D. Sklens, Notary Public My Commission Ex ims 10106/2015 1, Jeffrey Goldberg the duly elected Assistant Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 120 Jeffrey Goldberg, Vice President &Assistant Secretary of Washington International Insurance Company& Assistant Secretary of North American Specialty Insurance Company ISBN al'; 1 1 Im a 1 1 ill! i isissi in 1111 1 an i 111 in iiii 1! 1 i I I MEN= NNE= By Steven P. Anderson, Senior Vice President of Washington International Insurance Company lw SEAL IN &Senior Vice Pmsident of North American Specialty Insurance Company By David M. Layman, Vice Presuleittof ashinston International lngumncc Company Vice Prtqidcnt of North American Spedalty Insurince Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day ofMay 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. FR 'S LOW14 �0- A"PAZ S S oz Public, tate of Illinois Donna D. Sklens, Notary Public My Commission Ex ims 10106/2015 1, Jeffrey Goldberg the duly elected Assistant Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day of 120 Jeffrey Goldberg, Vice President &Assistant Secretary of Washington International Insurance Company& Assistant Secretary of North American Specialty Insurance Company ISBN al'; 1 1 Im a 1 1 ill! i isissi in 1111 1 an i 111 in iiii 1! 1 i I I MEN= NNE= EXIHBIT C PREVAILING WAGE RATES Special Wage Determination.- Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. M Missouri Division of Labor Standards WAGE AND HOUR SECTION 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, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(l). A certified copy of the Annual Wage Order has been filed with the Secretary of - --- . . ..... ...... - ------ State of Missouri. OrigiaLall Sind by Carla Buschjost, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March .1-2012 Last Date Objcctions ay Be Filed: AflLL1_9,_2()12 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County --fTa-sic --O-ver- OCCUPATIONAL TITLE **Date of Hourly Time Holiday Total Fringe Benefits Increase Schedule Sc e u e! Asbestos Worker (H & F) Insulator --Rates $34.04 52 53 $23.13 Boilermaker $32.31 C 57 7 $25.80 kI er and Stone Mason �la 7/12 $33.40 58 39 $16.65 Ca enter 7/12 $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 -Line Construct1qDj!n2qjpB $38.40 125 65 $5.00 + 34.5% Lineman Operator $35.82 125 65 $5.00 + 34.5% Groundman $25.44 125 65 $5.00 + 34.5% Communication Technician" $32.43 47 72 $15.25+10% Elevator Constructor- a �201 0 26 54 $25.045 Operalln En ineer Group 1 8/12 -7- $36.16 85 4 $14.21 Grou11 p 1- 35�.34 85 4 $14.21 Group 111 8/12 1 $29.7p_L 85 4 $14.21 Grou . P 111-A 8/12 $34.001 85 4 $14.21 Group IV Group V 8112 $31.39 85 4 $14.21 Pipe Fitter $39.58 2 33 $19.07 Glazier $30.47 88 32 $15.43 Laborer Buj!din... General 7/12 $25.75 30_ 4 $13.75 First Semi -Skilled $26.19 :2 1 30 �5 4 $13.75 Second Semi -Skilled 7/12 2 6. $26.55 �0 $13.75 Lather USE CARPENTER RATE Linoleum Layer and Cutter 7/12 $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 \ Wate!proofer 7/12 95 2 $14.34 Sheet Metal Worker --$32.25 $38.39 17 22 $17.04 S rinkler Fitter -Fire Protection 7/12 $33.83 14 4 $18.32 Terrazzo Worker $31.70 25 4 $14.56 Tile Setter $31.70 25 4 $14.66 Truck Driver -Teamster Group 1 $30.09 100 4 $10,90 11 $30.09 100 4_ $10.90 -Group Grou® 111 $30.29 1 100 _4 --- $10.90 130.291 -IM _F_49 1-- -4 Traffic Control Service Driver $15.35 1 48 $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. **Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 19 8/12 Building Construction Rates for PI ATTF Cnsenty Fnntnotes Section 083 Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction 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 3/12 PLATTE COUNTY OVERTIME SCHEDULE - BUILDING 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. 2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 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 beneficial and agreed to, the Employer may institute a worm 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 (Y2) hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten (1 g) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at'a rate of one and one-half (1'/a) times the regular rate of pay. "Overtime performed Monday through Saturday shall be paid at the rate of one and one- half (1%) times 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) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. 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 perform 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 alter the above stated hours by (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. When job conditions dictate and as required by the customer, the Employer 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 workday udder a ten (10) hour four (4) day workweek 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 the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half (V/2) 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) 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 12:30 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 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. o rly mt spiv _15% for sev n..(7) ihq s work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime wore required after the completion of a regular shift shall be paid at one grid one-half (l'7 times the "shift" 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 twelve (12) o'clock noon to 12:30 p.m. The regular starting time 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 lunchtime. All time worked before the regular starting time and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half (1 Mz). 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) time. AWO19 083 OT. doc ANNUAL WAGE ORDER NO. 19 Page 1 of Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION r.. t r • .. � • • • • •. t r r« r ` y • • ^t t r- as t • � • r • •^ a� • rt r - _ • a. - • a t t - - • r" t r r. • • a - r • + r a ^ •- •• a ^ • t • • - ^ � a a- r ^r • _ •• ^r • a� • a_ • � � • a �i s r a -- ® ,r r.. • a •� a • " •:: r r. a. � • `•w a* ii r r s r. • a •" r^ •. a • r ` a r t - _ `r _ • .' �. t • `t _ E a r, tet, _ • m • r • ,. a'- � r`• a NO. 30: Means Monday through Sunday shallconstitute 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. Starting time may be advanced or delayed by the employer up to two (2) hours from the regular starting time. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour workday, as described above, and all vvollm performed oiaturdyy shall be paadat time. and one-half (1'/a) 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 tt e controlm oT th o tr ctor; their that- TR hat ` _:___., ... a, ,., .�, , ka m��a a+ atralnht 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 (111) hours in a week mast be paid at time and one-half (1'/2). Saturday make-up day shall not be used to make up for time 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 4-1 Us schedule, a Friday rake -up day is allowed. If using a 4 (1 0) schedule, any work more than ten (19) hours in a day or forty (40) hours in a work week shall be paid at the time and one-half (11/2) rate: Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2) time rate. AWO19 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 2 of 7 Pages PLATTE COUNTY 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 performed 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 one-half (1'/a) 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) time after midnight except make-up time will be allowed underthe 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 traffic, 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 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. 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'/a) times the 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 performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift as outlined above. The hourly 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 fifty 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 worked. NO. 46: Means the regular work 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 forty (40) hours, beginning between 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 (11/2) 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 often (10) hours at straight time rate of pay. The 4-10's must run fora 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 7A0 a.m. to 6.00 p.m. All hours :worked in excess of ten (1®) hours per day or forty "(40) Flours per week ®rhours"worked "outsAde-the narmal-work 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) 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 12:30 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 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. All overtime work required after the completion of a regular shift shall be paid at one and one-half (11/2) times the "shift" hourly rate. AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 3 of 7 Pages PLATTE COUNTY 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 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 constitute 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 performed on Monday will be time 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. � 1 ": r � r' r r � r. r ■ a,. • • ra � .. r �r ,� . . r r +�: e" r. • .. . r r - . , .r: r _ r °�K r - r • r _�'� r ., . r- . sr _ r -w r • _ r .. r r. ,. � -r r -. � �� r ,�,. - r • � r . r . .. � * . � � - e u y . . 4 r - r - - ,, ,„ _ r r ., r_ r. s r r . • .. e r . .a . r r. r r;. • M', ®r 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 workweek. 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.rn 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 otherwise 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. Holida s -New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay. Labor Day -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 -fork 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 time and one-half (1'/a). All other overtime will be paid at the double (2) time rate. first tin �g):taous:+crd n Saturday will e a o attfn and one-half 1�i) withMall othert�ours tci __ w.,.u. 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 ■ CONSTRUCTION `! . s • ,, • _ ^ r, t it ! w • - -r _ r •- •#' • - • _" id 11111,1100011 o i. .t r:; i:. .. i:., _ !• -:. 'i # i. ". !" i_ i ,. ' "° •#.• ' i i� ^� • i. • • # i • •. i • # -. t r.. t i:.. �. '" � • . !. -! � . �..r .. s • ...: '° i. ::. tet,: during the week. NO. 63: Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of B-00 AM, The Employer may establish a work week consisting of four (4) days, Monday 14 e four 4 tens 10s must tun Pereguier eign regular- NO. 65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 6:00 a.m., with one half hour for lunch between three and one-half (31/2) and five (6) hours after starting time. The starting time may be advanced by two (2) hours or delayed one (1) hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1'/2). 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 performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the employed"s pay shall start at 9:00 a.m. and all time, after the normal ouittinq time (5:30 p.m.), shall be paid at the overtime rate. Eight (3) hours shall constitute the work day. All 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 constitute the work��h Regular starting time shall be8:0U�m..with one hehalfhour for lunch between three and one-half and five hours after starting time. The obsdnq time may be advanced or delayed by the employer up to one hour from the regular starting time. All work perfonned before the advance statrig time and during the half hour lunch shall be paid at the overtime rate of time and one-half (11/2). VVonh performed outside these hours shall be paid at the overtime rote of time and one-half (i1/2), 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 (B) hour work day, as described abovo, and all work performed on Saturday shall be paid at time and one-half (11/2) the regular rete, except as hereinafter described. In the event that a scheduled eight (B) hour work day is missed (not including recognized holidays)of 'inclement th then that missed workday may bemade upsdstraight time onthe 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 further recognized that any work after forty (40) hours must be paid at time and one-half (11/2). The employer may establish a 4-1 O'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. NO. 85: Means the work week shall beMonday through Sunday. Eight (8)hours shall constitute aday's work tubegin between 6:08 a.m. and S:OD 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 rade. Employees shall receive time and one-half (1Y2) for all time they are required to work prior to their normal starting time or after eight (8) hours or nomne| quitting time Monday through Friday, orall day bnSaturday. IfanEmployer has started the work week ona five day, eight hours aday 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 (I 0 -hour make-up day). All work over ten (1O) hours a day or over forty (40) hours a k mustbpaid s*time & one-half (11/2)Sundaysand recognized holidays shall be paid at the double (2) time rate of pay. A contractor may after 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 least one full week and the regular workweek shall be Monday through Thursday with Friday being a make-up day at straight time for days missed in the regular workweek due to inclement 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 am. 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 Employer may establish a work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at straight time. The 4-1 O's must run for a period of at least four (4) days. Time and one-half (11/2) 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 4-1 O's week), the first eight (8) hours of a Saturday, and it shall be at time and one-half (11/2) for the Friday and Saturday following Thanksgiving. Double (2) time shall 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). _ �= �for lunch. The crew starting times shall be - - flexible within the period of daylight to OO a.m. Any work performed over ten (10) hours of elapsed time per day including one-half hour for lunch and/or any work performed over forty (40) hours at the straight time rate in one week shall be paid at time and one-half (11/2) 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 083OT.duo ANNUAL WAGE ORDERNO. 19 Page 6 of7Pages 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 one-half (1'/z) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours in any one day or forty (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'/a) 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'h) rate. An 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 forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to work on any regular workday 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 straight 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 perform 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. 125: 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 shall be adjusted accordingly. The overtime rate of pay shall be one and one-half (i1/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. AW019 083" OT.docANNUAL WAGE ORDER NO. 19 Page 7 of 7 Pages PLATTE COUNTY • r. r = • - • 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 the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This is applied to protect Labor Day. When a holiday falls during the normal workweek, Monday through Friday, it shall be counted as eight (3) hours toward the forty (4) hour week. However, no reimbursement for this eight (+3) 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 Yeaes Day, Memorial Day, Independence;Day, Labor bay, Thanksgiving Day, Christmas 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. N0.3: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half (1',lz) rate of pay. All work 'performed on Sundays, New Year's 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 Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the 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, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be 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 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 --. --- Saterday; the -preceding -Friday -will. e-observed-as_the_holiday.w._af—employ_pesuwork,on ate. 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 performed 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 holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. NO. 54: All work performed on New Year's 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) time 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 Saturday, it will t)e observed on Fricay, If LrIV Ilutsudj paid for at •• •le (2) the regular straightof pay. NO. 61: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving 'd for at the rate 4 double tihio P) the basic rate of pay if required to Work r. r.. '"t "!. • r,:. R: ..t# " � •. • '. - r.:: M •r. •.... t• .,• #:,... t:r. . . • - # - ft - �. # r. . r • r. _ +rte •• . .• • ® � r # •. . •_ r • _ •• . ANNUAL WAGE ORDER NO. 19 AW019 083 BHol.doc Page 2 of 2 Pages. Heavy Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If worker is performing work on a heavy construction project within an occupational title that is not listed on Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet. For additional information regarding the application of the Lineman Tree Trimmer and the Groundman Tree Trimmer subcategories of the 4ccupataorial title Qt EB_ectrician_ Outside -Line on Canstructeon\Lineman see the Labor and Industrial Relations Commission _. Order of June 21, 2012, in the Matter of Objection Nos. 122-237. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 19 7112 REPLACEMENT PAGE PLATTE COUNTY FED: K4hnhnumrequirement per Fair Labor Standards Act means time and one-half (11/) shall bepaid - forall -work 1m excess offorty (4O)hours per work week. NO. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed b two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight 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 (11/2). All work performed on Saturday shall be paid at time and one-half (11%). 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 (11/2) the regular �NO. 20: 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 adjusted accordingly, � overtime'-�— ' - - times the regular rate cf wages, other on Sundays, holidays and from Midnight until 6:00 a.m., which will bapaid atdouble (2)#e straight time rate. NO. 27: 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 than 7:00 a.m. nor later then 10:00 a.m, Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one-half (11/2) 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 (11/2) 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 time and one-half (11/2) 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 (11/2) their regular rate of pay for all hours worked. nd-Qn f e rate for work over forty (40) hours per week. Sundays and Holidays shall be paid at double the straight time rate. All employees piii—forming 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. 19AWO 19 083 HOT STI P.doc ` Page 1 of REPLACEMENT PAGE PLATTE COUNTY HOLIDAY SCHEDULE — HEAVY CONSTRUCTION NO. 2: All work performed on New Year's 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'/3). 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 performed 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 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'/a). NO. 17: 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 performed 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 Year's 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 time & one-half (1'/) their regular rate of pay for all hours worked. NO. 30: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, Christmas Day, Thanksgiving Day and Day after Thanksgiving or days celebrated for the same. AW019 083 HHol STIP.doc ANNUAL WAGE ORDER NO. 19 Page 1 of 1 EXHIBITD SCOPE • i r- • • • •11,• • • • �• r Technical Specificationsand Drawings: All"IT'ork necessaryto construct the landscape,signage, and obelisk scope of •1-ftrougn tj limits of - Project • „ on i in accordancethe Technical Specificationsand Drawings referred to in Exhibit E to the Agreement. Contractor to provide all necessary equipment, labor, and material necessary to perform the Project construction 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 set of contract drawings as well as 2 cds of PDF's for owner's 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 construction process. 1. Include all premium time/cost necessary to meet the schedule, including accelerated production of submittals. 1. All contractors performing work on the site shall be licensed by the City per existing City Code. 2. This project is tax exempt from Missouri Sales Tax. The Contractor is responsible to be i compliance with all appropriate laws, etc. in support of such a tax exemption. 3. Contractor is responsible for familiarizing itself with all jobsite conditions prior to bidding. 4. Include all temp utilities, including connection fees and usage cost as required for this work including water, drinking water and electric. 5. Schedule and coordinate all city inspections. 60 6. The hours of work shall be in compliance with any local ordinances. 8. All surveying, layout and field engineering required for the performance of this work, including protection of benchmarks and control points. Include replacement of control points that are lost or damaged during the execution of this work, as coordinated with NorthPoint. •' This contractor shall coordinate• of • .ct with the work of all other contractors on be performed during the same time period as the workon package. This includes-• of • to allow other contractorsto perform their work within the limits of • of r • 1'. Coordination with all utilities prior to the workr • g underground locatorpower hasbeen disconnected, ` 11. This contractor is to provide as-• • •: • up on . set of • drawings. Information is to be complete with any and all changes.made. 13. Provide all clean-up associated with Contractors work; provide dumpsters and hauling as needed. 14. Provide one (1) year written guarantee covering workmanship and materials from date of project substantial completion. projected r of material has been •-• by owner for- only. Contractor responsible forproviding quantities of -• and any materials not-• in the "Ov'Mer projected bill of materials" necessary for project completion. M Owner Projected Bill of Materials Description Quantity U/ Sod Hydroseed Trees MP — Prairifire Crab Apple PB — Bloodgood London Plane Tree PA - Exclamation London Plane Tree QP — Willow Oak TD — Bald Cypress QB—Swamp White Oak AF —Sienna Glen Freeman Maple AT — Pacific Sunset Maple MR — Royal Raindrops Crab Apple PP — Colorado Blue Spruce SI — Ivory Silk Japanese Tree Lilac Shrubs CK — Karl Foerster Feather Reed Grass JS — Arcadia Savin Juniper RO -Carefree Sunshine Shrub Rose RG — Gro -Low Fragrant Sumac RC — Carefree Wonder Shrub Rose LC —Creeping Lily Turf Landscape Mulch Shovel Cut edging Alternate 1— Landscape at Horizons Median Alternate 2 — Landscape at Horizons Median& West Side Description Quantity U/ Signage 1—"Office Park Entry" Signage 2- Industrial Park—South Entry Signage 3 — "Industrial Park— North Entry" Obelisk M EXHIBIT E TECHNICAL SPECIFICATIONS The Documents governing the Work are as follows' 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 ffx C c o§ City Attorney Date: — /- 64 ILI Le I freq—=-Wfell ;J ; 1 0 1.61 ::A ZA 01 DATE: PROJECT: PROJECT NO.: TO: Contractor: (address) You are hereby notified to commence work on or after the day of 2012 in accordance with the Agreement dated The work shall be substantially completed within CalendarDays. The date of substantial completion is The project shall be completed and ready for final payment by BY: NATHANIEL HAGEDORN Receipt of the above NOTICE TO PROCEED is hereby acknowle gcM BY: (Title) this the day of 2012. 65 EXHIBIT H 4,FF11TAVIT LAW QKTPL,16� 1, , upon being duly sworn upon my oath state that: (1) 1 am the of (2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment 0 wages to workers employed on public works projects have been fully satisfied with regard to this Contractor's work on PROJECT; (3) 1 have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational 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 with an accurate record of the number of hours worked bp each worker and the actual wages paid for each class or type of work performed, EE= (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 party pursuant to a fund, plan, or program on behalf of the workers; (6) these payroll records are 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 through 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 are true to the best of my information, knowledge, and belief. I acknowledge that the falsification of any information set out herein may subject me to criminal prosecution. Signature Printed Name Subscribed and sworn to me this day of 52012. M Notary Public EXHIBIT I For •i,r and Final Payment NorthPoint Development Project Name: Project No: Contractor: Architect/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 inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the drawings and specifications and is fimctioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment, manuals, and other documents that are applicable to this project from the Contractor and have delivered them to No pint Development. NorthPoint Developmentis now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractorwill warranty all specified work for a period of one (1) year (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 payment be made. Executed by the Engineer on this day of 2012. Signature: Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. I ilk VA'J I 9W I F, " I JL M AIA Application for Payment AIA Continuation Sheet for Application for Payment � j WA 3933875.1 Ci�z &i��G' BID PACKAGE: HORIZONS PHASE 1 LANDSCAPE, SIGNAGE, & OBELISK e .. fin" +1us t * I October 31, 012 Me 7:11q Pill m 1 Thomas McGee, L.C. INSURANCE AGENCY • SINCE 1910 920 Main Street Suite 1700 P.O. Box 419013 Kansas City, Missouri 64141-6013 816-842-4800 ® FAX 816-842-1276 www.thomasmcgee.com November 29, 2012 Northpoint Development LLC c/o City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 RE: GUNTER CONSTRUCTION COMPANY PROJECT: Horizons Phase I Landscape, Signage & Obelisk Project BOND NO: 2159431 BOND AMOUNT: $372,823.60 SURETY: North American Specialty Insurance Company Please accept this letter as your authority to date the following regarding the captioned: Performance Bonds, Payment Bonds, and Powers of Attorney. Sincerely, NORTH AMERICAN SPECIALTY INSURANCE COMPANY lei by 1�1 Barbara A. Miller Attorney -in -Fact M North American Specialty Insurance Company 475 N. Martingale Road, Suite 850 Schaumburg, IL 60173 0 91 4ILM F.1 I L91,01.1 0 RMIN MANONIEM KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Barbara A. Miller Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Gunter Construction Company Bond Number: 2159431 Obligee: NorthPoint Development, LLC Bond Amount: See Bond Form Bond Description: Horizons Phase I Landscape, Signage & Obelisk Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in 14 the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 'N 11 By Steven P. Anderson, Senior Vice President or Washington International insurance P W Company &Senior Vice President of AntericanSpccially Insurance Company WL By 40UVA"hitigon Trommifonal Imiuromoe Company �k...... D" d M. layman, & Vice President of North American Specially Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 25th day of May 20 12 , before me, a Notary Public personally appeared — Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly Sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. Public, S Etate of Illinois Donna D. Sklens, Notary Public My Conualssion Expiies 101OW015 1, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have seamy hand and affixed the seals of the Companies this 29 day of November .20 12 NFM --O�-— Jeffrey Goldberg, Vice President & Assistant Secrelary of Washington International Insurance Company & Assistant Secretary of North American Specialty Insurance Company CERTIFICATION OF RIVERSIDE HORIZONS2 LLC This Certification is executed on this day of January, 2013, by Riverside Horizons, LLC ("Developer"). WHEREAS, Briarcliff Realty, LLC and the City of Riverside, Missouri ("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, NorthPoint Development, LLC and the City have placed for bid certain work described in the Horizons Phase I Landscape, Signage and Obelisk Bid Package ("Landscape Contract") for the improvement of land within the scope of the MDA; and WHEREAS, the City now desires to award the Landscape Contract but requires certain certifications from Developer prior to approving the award of the Landscape Contract. NOW THEREFORE, in consideration of the above and foregoing and for other good and valuable consideration the receipt and sufficiency of which are acknowledged, Developer hereby certifies and affirms the following: That it has complied with and that the proper assignments have been in pursuant to Section 12.5(b) of the MDA. 1 WA 3986104.1 Sign - Print: Title: --LA STATE OF MISSOURI ) ss COUNTY OF JACKSON IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the • and state aforesaid, the •. and year first ,r• written. Signature: Print Name: LIZABETH R. •' Notary Public -Notary Seal STATE OF • Clay County My Commission Expires Mar. 28 ' 2014 Commission # 10521579 2 WA 3986104.1 This Certification is executed on this day of January, 2013, by NorthPoint Development, LLC ("NorthPoint"). WHEREAS, Briarcliff Realty, LLC and the City of Riverside, Missouri ("City") entered Ento 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( ) o 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, NorthPoint and the City have placed for bid certain work described in the Horizons Phase I Landscape, Signage and Obelisk Bid Package ("Landscape Contract") for the improvement of land within the scope of the MDA; and WHEREAS, the Municipal Code of the City of Riverside, Missouri ("City Code") requires that all contracts be let in accordance with Code Sections 13 5.090 and 13 5. 100; and WHEREAS, the City now desires to award the Landscape Contract but requires certain certifications from NorthPoint prior to approving the award o e Lan scape ontract. NOW THEREFORE, in consideration of the above and foregoing and for other good and valuable consideration the receipt and sufficiency of which are acknowledged, NorthPoint hereby certifies and affirms the following. That it has complied with City Code Sections 135.090 and 135.100 and that the Landscape Contract was let in accordance with such provisions. WA 3986417.1 Sign: Print: Title: STATE OF MISSOURI ) ss COUNTY OF JACKSON 4 On this X day of —kjgLrjLA_20l3, before me, a Notary Public, personally appeared, NAbNahie toliie personally known, who, being by me duly sworn did say that he is the of the NORTHPOINT DEVELOPMENT, LLC, and that the seal affixed to the foregoing instrument is the seal of said entity, and that said instrument was signed and sealed in behalf of said entity by authority of its -------- ---- - and said, acknowledged said instrument to be the free act and deed of said efttity� IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written. Signature: /I I 1L J -.1 Print Name:vllM.C t �i� My commission expires: %Cxrej"� —j8j 'ac) 14 LIZABETH R. KNOPF Notary Publio-Notery Seal STATE OF MISSOURI Clay County My Commission Expires Mar. 28, 2014 Commission S 10521575 2 WA 3986417,1 Separate sealed bids for the HORIZONS PHASE I LANDSCAPE, SIGNAGE, & OBELISK will be received by NorthPoint Development ' LLC ("NorthPoint") in care of City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until ten O'clock (10:00) A.M., on November 15, 2012, and then publicly opened and read aloud at Riverside City Hall. A Pre -Bid Meeting will be held on Wednesday, Nov 7, 2012. The meeting will be conducted in the Board of Alderman Chambers at City Hall and will begin at 1:00 p.m. Attendance at this meeting is mandatory. I I NEW I I Me Eli Me IRMO! of I.—TAN11-- 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 arno 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. I Brad Haymond 2 NorthPoint Develonment INFORMATION FOR BIDDERS NorthPoint Development, LLC ("NorthPoint") invites sealed bids on the forms contained in the Bid Package and Contract Documents for the 1. Receipt and Opening of Bids. Bids will be received by NorthPoint in care of theCity at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 11:00 a.m.onNoveinber 45,-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 marked on the outside of the envelope "HOFJZONS PHASE I LANDSCAPE, SIGNAGE, & OBELISK BID" and addressed to the City Clerk at Riverside NorthPoint and the Cityreserves 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 return 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 thereof. Any bid received after the time and date specified shall not be considered.No iftireN wieWmal ffis-raw a bid within 90 da_kjs after the actual date of the Q[iseningAhcreof without forfeiture of the Bid Security. 2. Rejection of all Bids. If NorthPoint or the Cityrejects all Bids, NorthPoint or the Citymay: (1) re- zrd,vei- i submission schedule when the Citydetermines 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 CITYBECAUSE OF SUCH REJECTION, AND THE 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, Affidavit 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 if or alterations will be considered. i*6VffM#" ?vz ttr!g #5**T, Riverside City Hall. A copy the bidding documents may be obtained fromLane Blueprint, Telep one (816) 221-2500.An additional charge may apply for mailing of bidding documents. A 1 Meeting will be held on Wednesday, Nov 7, 2012. The meeting will be conducted in the Board of Alderman Chambers at City Hall and will begin at 1 -00 p.m. Attendance at this meeting is mandatory. 0 CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFOREr r THEREWITH,BIDDER WARRANTS T14AT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AN IS FULLY FAMILIAR CONTRACTOR 14AS VISITED THEOF •. TOFULLY INFORMAS TO ALL EXISTING CONDITIONSAND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF 1, WORK. Documents •f- and detail f - and convey understanding of • affixedconditions for performance of the work. other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be and attested by the secretary or • •• address shall be • below writingBids by a partnership must be executed in the partnership name and signed by a partner, whose title must 4. Addenda and Interpretations: No interpretation of the meaning to the plans, specifications, or other preTid documents will be made to any bidder orally.Every request for such interpretation should be in addressed to: •f • r. :. • _ •. _.. : . is • 1 • ' •' : •':. 1 / Tom f • :. • Capital Projects Engineer, City of Riverside: Travis Hoover and to be given consideration must be received at least five (5) calendar days prior to the date fixed or the opening of bids. Any and all such interpretations and any supplemental instructions will be in the • of addenda to the specificationsissued, will be - hand delivered • deliverer with receipt of delivery, or mailed by the fastest delivery method available via registered mail or overnight delivery,1 may also be mailed electronically or f to all prospective bidders recorded having received the Bid Documents, not later than three (3) calendar days prior to the date fixed for the opening obids and shall be signed by • Point,•and/or" of bidder• receive any such addendum or • not bidder • obligation un bid as submitted.Alladdenda so issued shall become part of • Documents. Addendaalso be issued to modify the Bid Documents as deemed advisable byNorthPoint 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, or modificationsor give any instructions1 the bidders 1' during the bidding i' 11 except as described in this Section. 5. Substitute Material and E1ment-.The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possibI 'I substitute of "or -equal" items. Whenever it is indicated in the drawings or specified in the specificatio that a substitute "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable toNorthPoint and the City, application for such acceptance will not be considered byNorthPoint or the Cityuntil after the "effective date of the Ageement". H 0. NUDConTF­RTs—f= to be used on the project. The list shall indicate those portions of the work each sub -contractor wi e performing. For informational purposes only, also identify the bonding capability of the proposed subcontractors and the rating of the surety that they typically use from Best's or from Standard and Poor's, This does not affect the bidder or your Bid and is not a factor considered in awarding a Bid.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 irm–dre 'tW performed on the project by Contractor under this Agreement. 7. Qualifications of Bidder-NorthPoint or the Citymay 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 Cityall such information and data for this purpose as NorthPointor the City may request. NorthPoint and the Cityreserve the right to reject any bid if the evidence submitted by, or investigation of, such i er fails to satisfy NorthPoint or the Citythat 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 bidder's 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 NorthPoint'sprior 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: Years 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 ..:1 Q.: 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 5 • Provide a statement regarding all work performed two (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 notices of violations or such penalties assessed C-latement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax 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 u7tresolved. 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 Northpoint, bid pooling or strawbids. 8. Bid Securily:, Each bid must be accompanied by a bid bond payable to NorthPoint Developmentfor ten percent (10%) of the total amount of the bid. A certified checkmade payable to "NorthPoint Development" may be used in lieu of a bid bond.Attomeys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, NorthPoint will return 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 earlier of (a) the 6 1 " 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. 9. Liquidated Damaj!es for Failure to Enter into Al!reemen t 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 fair 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 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 Bidder's refusal to honor its bid. 10. Time of Completion and Liquidated Damnes: Bidder must agree to commence work on or befo a date to be specified in a written "Notice to Proceed" with NorthPoint and to fully complete the project within the allotted timeframe listed by contractor in Attachment A — Bid Form. Bidder must agree als I to pay as liquidated damages, the sum of $200.00 for each consecutive calendar day thereafter as hereinafter provided by the contractor in the Agreement and Contract Docurnents.The completion of al 6 scopes of work must be final by May 15, 2013. 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 fair and reasonable approximation of the actual damages incurred 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. 11. Conditions of Work-, Each bidder must inform himself fully of the conditions relating to e construction of the project 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. Insofar 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. inuilicapal oruiliallocs, Ulm Ulu I Mes Ullu 1Uj;-J.1aL11V111S T1 U11 UJA114717M 4190 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. 13. Method of Award - Lowest Responsible 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 awarded to the "lowest responsible bidder." If such bid exceeds such amount, NorthPoint or the Citymay reject all bids or may award the contract on the base bid combined with such deductible alternates applied in numerical order in which they are listed in the Form of Bid, as produces a net amount which is within the available funds. Discrepancies between 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 If this solicitation includes Bid Alternates, NorthPOint and the City, 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 and the Citymay make this determination at any time after bid closing and prior to contract award. NorthPoint and the Citywill act in the best interest of NorthPoint and the City in determining whether to include any, all or none o the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award, NorthPoint and the City may add any or all of the Alternates to the Agreement by Change Order. NorthPoint and the City 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 worL Operating costs, maintenance considerations, performan data and guarantees of materials and equipment may also be considered by NorthPoint. I NorthP6int and the City reserve the right to reject any and all bids, to waive any and all infonnalities, and the right to disregard all nonconforming, non-responsive or conditional bids. Discrepancies etween 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. in evaluating bids, NorthPoint and the Cityshall 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 NorthPoint and the City's intent to accept alternates (if any accepted) in the order 7 in which they are listed in the Itemized Proposal butNorthPoint and the Citymay accept them in any order or combination. NorthPoint and the City 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 and the City. NorthPoint and the City may conduct such investigations as he deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to NorthPoint and the City's satisfaction within the prescribed time. va��w any such evaluation to NorthPoint and the City's satisfaction. If the contract is to be awarded, 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. 14. O1li2ati1n 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 familiar with the plans and Contract 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. 15. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section 285.530, RSMo, as a condition of the award 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 program with respect to the employees working in connection to the contracted services. The affidavit shall further provide that the successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 16. 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 are 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. 17. Safe!y Standards and Accident Prevention: With respect to all work performed under this contract, the Contractor shall: 2. Comply with the safety standards 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 rmersons (including employees) and property. c� Maintain at Contractor's office or other well-knOWD 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. vAi(A rej�vircs___vll c_*ntr?_rt*rS 41r sv1V(.,+xtr,?rt*rs f*ixg w*rktor. the Priject-te, yr*viiie, _Zx4 r"uire 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 similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as • stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date 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. 18. Prevailing Wage -Wage rates for the project shall be not less than the prevailing wage rates for PI County currently in effect as determined by the Division of .is Standards of the State of Missouri, (tursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to NorthPoint of $100 per dayl [f,ortion 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. 19. Excessive UnemploymentiThe 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 periol 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 are not available or are incapable of performing the particular type of work involved. Use of laborers from restrictive states shall require certification by the Contractor and approv of the contracting officer. I 20. American Products -.Pursuant to RSMO 34,353, 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 provi e in state aw. 21. Transient Employers: Pursuant to RSMo 285.230, 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. are posted. 0 22. Current City Occupation Lice nse:The successful bidder, and all subcontractors, shall obtain a current city occupation license prior to beginning construction. 23 * Sales Tax Exemption Certificate: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. 24. Non Discrimination and Egual Opportunity: Contractor shall ensure that all employees are treate equally without regard to their race, color, religion,sex, age, handicap or national origin. NorthPoint hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to th 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 award. NorthPoint is an equ opportunity employer and encourages minority, women and disadvantaged contractors to submit bids. I 25. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety 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 furnishing 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 Best's or 2 T in r ercent I 00o ofthecontract rice 26. Siunin of Agreement. When NorthPoint gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within 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 affidavit 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 t UU-1%tter Construction Company 1226 Swift Ave, North Kansas City, MO 64116 Phone: 816-471-7844 Fax: 816-471-2362 Certified WBE State of Missouri & Kansas, SBA- WOSB & EDWOSB November 15, 2012 City of Riverside, Missouri RE: Horizons Phase I Landscape, Signage, and Obelisk Rebid Issues that may affect the schedule would be long lead items, approval of submittals, weather, and work on site performed by others that delays our work. We understand the irrigation will be complete in time for watering of the landscape work. We will address these issues by sending in submittals early to give the owner enoughtime to approve the submittals and ensure we receive the long lead items at a reasonable date. We will have to work with the owner to communicate our schedule for the project so they are aware and can communicate it to others that are on site doing other work (not under this contract). Sincerely, r Christina Gunter, President To: NorthPoint Development Re: HORIZONS PHASE I LANDSCAPE SIGNAGE & OBELISK Date Project No )`' {- _ Proposal of i V ILL L's U�4(%l ` Yvt ok ° (hereinafter called "Bidder") *'a corporation;, organized and existing under the laws of the St tc of � _ � c&-,), partnership, or an individual doing business as rtL A _ To NorthPoint Development, LLC (hereinafter called"NorthPoinf ) To the City of Riverside, Missouri (hereinafter called "City") To Whom It May Concern: The Bidder, in compliance with your invitation for bids for the construction of the above referenced project 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 furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees t0 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 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. Bidder acknowledges receipt of the following addendum: * Insert corporation, partnership, or individual as applicable. Bidder agrees to mobilize on site ,gym _ m.,_- — days from Notice to Proceed discrepancy,for the following unit price (amounts are to be shown in both words and figures. In case of i •. , will • ChangesThe lump sum bid with unit pricing attached shall include all labor, materials, bailing, s oring, shall be processed d _ VII of the Agreement. provided for the purpose of calamity changes, if any. WARIM waive any informalities in the bidding, I f.ys after the schef f closing time forbids. attached within 20 days and deliver a Surety Bond or Bonds as required by the Agreement. The f security attached in the sum of is to become property of the NorthPoint in the event the Akt& fit and A] I Contract Wcurnefits, including the Performance and Payment Bonds are not executed within the time above set forth, as liquidated damages fordelay and additional expense THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF NORTHPOINT DEVELOPMENT, THE CITY OF RIVERSIDE ORTHE INDUSTRIALDEVELOPMENT !. OF OF RIVERSIDE,! OF ! AND THE FILING OF ANY BID IN RESPONSE! ! OF THE BIDDER TO THESE CONDITIONS Respectfully submitted; 2 _ _ _ ,od 4760 SY 5 4.SO S 21,420.00 Twentv one thousand four hundred twenty dollars Hydroseed 25500 SY $ 1.00 $ 25,500.00 Twentv five thousand five hundred dollars Trees MP- Prairefire Crab Apple 14 EA $ 235.00 $ 3,290.00 Three thousand two hundred ninety dollars Pl3- Bloodigood London Plane Tree 83 EA S 355.00 $ 29,465M Twentv nine thousand four hundred sixty five dollars PA-Exclannation London Plane Tree 151 EA 340.00 $ 51,340.00 , dollars Fifty one thousand three hundred fo:�v QP- Willow Oak 33 EA $ 365.00 12,045.00 Twelve thousand forty five dollars TD- Bald Cypress 82 EA $ 285.00 23,370.00 Twenty three thousand three hundred seventy dollars QB- Swa m o Wh ite Oa k 31 EA 5 277.00 8,587.00 Eight thousand five hundred eighty seven dollars AF- Sienna Glen Freeman Ma,ple 22 EA $ 375.00 8,250.00 Eight thousand two hundred fifty dollars MR- Royal Raindrops Crab Apple 10 EA $ 235.00 $ 2,3SO.00 Two thousand three hundred fifty dollars PP- Colorado Blue Spruce 3 EA $ 400.00 $ 1,200M One thousand two hundred dollars 51- lvory Silk Japanese Tree Lilac 13 EA $ 280.00 $ 3,640,00 Three thousand six hundred fortv clo�llars� Horizons Phase I LANDSCAPE, SIGNAGE, & OBELISK Bid Farm Homons Phase I SCOP E: IA^rDSr_APE, uiulvlAGE, aQ^%' 0_0ELISK Shrubs CK- Karl Foerster Feather Reed Grass 375 FA $ 7,75 $ 2,906,25 Two thousand nine hundred six dollars and twenty five cents 9S- Arcadia Savin Juniper 352 EA $ 34.00 $ 11,968.00 Eleven thousand nine hundred sixtV eight dollars RO- Carefree Sunshine Shrub Rose 189 EA $ 21.00 $ 3,969.00 Three thousand nine hundred sixty nine dollars RG- Grow-Low Fragrant Sumac 197 EA $ 38,00 $ 7.486.00 Seven thousand four hundred eiehty six dollars RC- Carefree Wonder5chrub Rose 41 EA S 21:40 $ 861.00 __ Eight hundred sixty one dollars LC- Creeping Lily Turf :189 EA $ 7.15 $ 1,351.35 One thousand three hundred fiftyonedollars and thirtyfivecents, Landscane Mulch 111 CY $ 50.00 S 5,550.00 Five thousand five hundred fifty dollars Shovel Cut edging 5 CY $ 55.00 $ 275.00` Two hundred seventyfive dollars A. Landscape Sub Total $ 224,823.60 rwanundredtwertyfour thousand eight hundred Wentythree dollars and si carts Obelisk & Signage QTY U/M Unit Price Total Price Extended Price (Written outI Obelisk Turn Kev i. LS $ 130,000.00 $ 130,000.00' One hundred thirty thousand dollars Signage 1- "Office Park Entrv° 1 LS S 9,000.00 $ 9.000.00 Nine thousand dollars Signage 2- "Industrial Park -South Entrvu 1 LS $ 9,000.00 $ 9,()00,00 Nine thousand dollars B. Obelisk & Signage Sub Total $ 148,000.00 One hundred fourty eight thousand dollars Total Base Bid (A and B) $ 372,823.60 7hreehundred --tytwothousand elgid hundred twentythreedollarsand sixtycents' Horizons Phase I LANDSCAPE, SIGNAGE, & OBELISK Bid Fonn Project Monzons Phase I SCOPE: LANDSCAPE, SIGNAGE, & OBELISK Alternate Descriptions CITY U/M Unit Price Total Price Extended Price (Written out) Alternate I- Landscape at Horizons Median 1 LS $ 31,000.00 $ 31,000.00 Thirty one thousand dollars Alternate 2- Landscape at Horizons Median& Westside I LS $ 55,000M $ 55,000.00 Fiftyjivethousancl dollars Alternate 3 - "Industrial Park - North Entry" at 42nd Street I LS $ 10,000.00 1 $ 10,000.00 Ten thousand dollars Substantial Completion Dates (Provided By Contractors) 2. Trees Completion Date: May 15 2013 3. Signage Completion Date: May 15 2013 4. Obelisk Completion Date: May 15 2013 S. Shrubs/sod/seed Completion Date: May 15 2013 MBE/WBE/DBE Participation: 0 (attach all necessary back up documentation) i ,,Tbrth American Specialty Insurance Conpany 475 N. Martingale Road, Suite 850 Schaumburg, IL 60173 800/338-0753 BID BOND nstruction Ccnwny ALL MEN BY T,%7RESFNTS, that we, Gunter Co 1226 Swift, Y.H� City, 16as PRINCIPAL and North Anlerican Sp�—ltY Insurance COcc4MY VE as SURETY, are held and finally bound unto the NowiliPoint DcvetoxnentLLC ("Nor(hPoint") and (lie City or Riverside, Missouri ("City"), in the Sum Of ri 60%3 Percent of Total Amount Bid Dollars ($10% of aMt_. biA)("l id Security"), too- 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 OFTHIS OBLIGATION IS SUCH, that whereas Principal has submitted a bid dated Noverciber 15 2012, to enter into a contract in writing For the Horizons Phase I Landscape, Signage & Obelisk Project; 2��* W IF said Bid shall be rejected, or in the alternate, IF Principal shall not withdraw the bid within (lie period specified thereinaller the opening of bids, or, if no period be specified, within ninety (90) days after the bid opening, or in tile alternate, IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form ofoon(ract attached hereto, properly competed with all attachments and requirements pet-laining thereto, acid shall furnish a bond for (lie faitlifid performance of said contract, and for the payment of all persons performing labor or furnishing materials ill connection the-reWith", shall in all other respects perform the agrectilent created by the acceptance of sold Bid within twenty (20) days after such Contract Documen(s are presented to Principal for signature, or in the alternate, In [lie event of [lie withdrawal of the Bid within the period specified, or the failure to enter into such contract within the th-cle specified, then the Bid Security shall inunediately become due and payable and forfeited to NorlhPoint 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 quantity (lie actual damages incurred by NorthPoin( and/or (lie City for the Principal's refusal to honor its bid. The Surety, for value received, hereby stipulates and agrees that the obligations orsaid Surety and its bond shall be in no way impaired or affected by the extension of the (line within which NorthPoint may accept such Bid; and said Surety does hereby waive notice of any such extension. 13 IN WITNESS WHERLOF, thePrincipal and Surety have hereunto set their hands and mid these presents to be sigied by their proper officers,r year set forth Gtmter Constxuctim Canpany PRINCIPAL By: Printed Nanate' AIrl so - € 1 ti`s ^ ice North+ `Caripany +. L. Nutt A: =V+ 4 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Linda L. Nutt Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Gunter Construction Company Bond Number: Bid Bond Obligee: NorthPoint Development, LLC and City of Riverside Bond Amount: See Bond Form Bond Description: Horizons Phase I Landscape, Signage & Obelisk Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.', ��eiAt317y'PP! fit Yacs s V; Steven P. Anderson, Senior Vice President of Washington International Insurance Company �'t L &Senior Vice Pirsident of American Specialty Insurance Company =10 SEAL Z By !p .0 David K [Ayntaft, Vkc, ident ternalional Insurance Company VI/Q'I & Vice President of North American Specialty Insurance Company ftmifllll;#\� IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 25th day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washinit—onIntemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personalty known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OM " VFFICLALSEW, OM' DONNNA D. SKLENS 0 Public, State of Illinois Donna D. Sklens, Notary Public !LYCommission Ex4res 101002015 - - - - - - 1, Jeffrey Goldberg the duly elected Assistant Secretary_ of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15th day of November 2012 Jeffrey Goldherg, Vice President &Assistant Secretary of Washington International Insurance Company& Assistant Secretary ofNorth American Specialty Insurance Company EXPERIENCE QUESTIONNAIRE Gunter Construction Company Primary Contact Name:v- r. L 1121-nsas Address: UD L Phone: Fax: Email Address: Federal ID Number: Lj"2) 1 1G[ _orSSN For Corporations Only: Name of State in which incorporated: k!;Sbu I Date of incorporation: 1 \ t I Q1 r rrr rr • • �a s I M If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Name of the following officers: President: Vice -President: Secretary: 0 Treasurer: Date of Organization: Type of Partnership: General Limited Association M (Name) (Address) (City, State, Zip) (Name) (Address) (City, State, Zip) (Name) (Address) (City, State, Zip) W How many years has your Company been in business as a contractor under your present business name? 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: How many years' experience in the proposed type and size of construction work has yo Company had: (a) as a general contractor JLJ; (b) as a subcontractor 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Er2i2qAM2 or City Contact Name Phone Contract Amount When Completed? Description of Work .Project Nam or G Contact Name -Phone W^ Contract Amount en Completed? Description of Work roiect Name or City Contact Name Phone Contract Amount $.......When Completed? Description of Work 5. What other important projects has your Company completed` xx f roiectName or City 8` ? Contact Name Phone ContractAmount When Completed? - Description of Work Project Name or City Contact Name Phone Contract Amount $ When Completed? Description of Work 17 3 PO Project Name or City Contact Name Phone Contract Amount $ When Completed? Description of Work 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: b)+w,,nJrw,. Chavel'Ye - U J 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) , y 1 1 8. Name of your Surety Company, and the name and address of your agent you expect to use in the event this contract is awarded to you: 9. at is your present bonding capacity? 10. List each and every, incidence of failure to perform that resulted in a claim under <a Performance or Payment Bond: 17 18 11. 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 0100,410, Position paimli­+ Years of construction experience: Magnitude & Type of Work In of Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME 7 Vt_ Position 7. Years of construction experience: Uq Magnitude & Type of Work ARIn at Capacity? k id' Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: J Education, professional registrations, certifications and credentials held by individual applicable to the Project: E Resume of QUALIFICATIONS: Over 39 years of extensive experience in Heavy Construction Projects, Project Mgt., Estimating, and Contract Negotiations. CURRENT: Gunter Construction Co. previously Tiffany Construction Inc. (2010) Manager Responsible for overseeing the management, quality control and compliance in all areas of the Construction Operation. Responsible for finding, estimating, and _negotiating Construction Projects and Construction Management work; including Structural Concrete, Flatwork, Building Shells, Pump Stations, Trail Projects, Excavation, Street Projects, Design Build Projects. EXPERIENCE: MEGA INDUSTRIES CORPORATION PRESIDENT/CEO (11/2006 to 112010) Responsible for overseeing the management and profitability of the company's overall operation. Responsible for overseeing quality control, compliance in all areas of the Construction Operation, safety, EEO and Affirmative Action. Responsible for handling banking and bonding relationships. MEGA INDUSTRIES CORPORATION PRESIDENT/OWNER (9/1992 to 11/2006) Responsible for overseeing the management and profitability of all construction contracts. Responsible for overseeing the management and quality control of compliance in all areas of the Construction Operation, and EEO and Affirmative Action. Responsible for finding and negotiating Construction Management and General Contracting Projects; including Structural Concrete, Building Shells, Pump Stations, Treatment Plants, Excavation, Street Projects, Bridge Projects, Design Build Projects. GARNEY COMPANIES, INC. VICE-PRESIDENT (8/1971 to 8/1992) Responsible for profitability of General Contracting Division with $8-$12 million in sales; supervised five office personnel, eleven field superintendents, and two contract - administrators. Estimated projects up to $20 million; managed projects to $13 million. Extensive experience in Contract Negotiation as General Contractor and Subcontractor, pricing and negotiation of Change Orders; Estimating, Bidding and Managing Projects in numerous States and the Bahamas. GARNEY COMPANIES, INC. MANAGER GENERAL CONTRACTING AND CONCRETE DIVISION Responsible for profitability of General Contracting Division with $2.5-$5 million sales. Estimator/Project Manager for general construction projects. Project Manager for $2.7 million recreation area project at Truman Dam, $3.2 million job at Milford Fish Hatchery, $2.5 million pump station for City of Fayetteville, $1.2 million job for United Pacific Bond Company (completed project on which another contractor defaulted). Responsible for up to four office personnel and five field superintendents. EDUCATIONAL-Or B.S. Degree in Business Administration Missouri Western State College, St. Joseph, Missouri l + i KCMO Impact Fee Committee A, Appointed by Mayor -2010 KCMO Impact Fee Committee E, Appointed by Mayor -2010 Platte County Economic Development Committee, Member Northland Chamber of Commerce, Member Additional information on specific projects I have been involved with in the last several years as Owner of Mega Industries Corporation and as President/CEO: Job Description Owner Contract Amount Restroom Facility Overland Park KS Parks and Rec. $182,900 Mildale Barn Johnson County Parks and Rec. $400,158 Haagen Dazs interior finish SIS Partners $426,857 Phase 3 liftstation imp City of Blue Springs $4,081,291 Johnson County Wastewater Building Water Dist#1 $113,326 Courtney Bend Drive Replacement City of Independence $342,000 Rocky Mountain interior finish SIS Partners $318,411 Searcy Creek Parkway KCMO $8,600,000 KCI Area TIF Road Improvements KCI TIF $4,800,000 2nd Street Streetscape KCMO $2,900,000 Missouri Riverfront Trail -Phase 1A-113 Platte County $900,000 Amity Woods Nature Park Trail -PH 1 KCMO Eastbrooke Bicycle & Pedestrian Trail KCMO $1,100,000 Santa_Fe Trail Olathe, KS $180,000 119th St & Mission Road Trail Leawood KS $270,000 Pioneer Crossing Shawnee KS $580,000 Apex Plaza Site work Parkville, MO $850,000 Black Hoof Park Lenexa, KS $3,200,000 Gregory 0 Grounds Trail & Park Blue Springs $1,300,000 Three Mile Creek Trail Leavenworth, KS $2,200,000 Jerry Smith Park Trail KCMO $200,000 Blackhoof Weir Repair City of Lenexa, KS $38,972 Bryan Gosseen -r. ?"Suk'SA ?V7,71"WIT"T Tre7371-6t, anu-71-puri ise construction proj e s from early development to completion Intern - Garney Construction Ozone Waste Water Treatment Plant Expansion Project • Completed OSHA 10 hour construction safety course • Utilized construction drawings to lay out and emplace piping, ozone equipment, pumps, concrete pads, etc. • Worked in confined spaces emplacing static mixers and stainless steel ozone sample lines • Installed stainless steel, copper, carbon steel, and Victaulic piping • Constructed formwork and steel reinforcement for concrete slabs • Operated a skid loader to perform basic excavation Director of Logistics - United States Army Reserve Deployed in support of Operation Iraqi Freedom - Baghdad, Iraq • Conducted over 160 Defense Contract Management Audits while serving as Contractor Officer Representative to ensure that contractor was performing all work in compliance with contract • Effectively utilized contractor to identify, recover, and tum -in 3.9 million dollars of lost and abandoned governinent equipment • Coordinated and scheduled contractor to distribute 8•111r. of ice and 8.1 million bottles of water to over 12 ' 000 personnel • Responsible for accountability of over 800 shipping containers valued at over 4 million dollars • Developed system to track and maintain 100 percent accountability of over 160 bottled water and ice accounts TECHNICAL AND PERSONAL SKILLS • Microsoft Office (Word, Excel, Project, PowerPoint) • Flexible with ability to adapt quickly to unscheduled eve • Capable of working alone or as team member • Attention to detail and accuracy I EDUCATION Bachelor of Science, Construction Management Missouri State University- Springfield, Missouri May 2012 - Present Jun. 2004 - Present Sea 2008 - Oct 20M AWARDS • Meritorious Service Medal • Army Achievement Medal • Army Commendation Medal NAME Position Years of construction experience. _ Magnitude & Type of Work In What Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME Position Years of construction experience: Magnitude & Type of Work In at Capacity? Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Education, professional registrations, certifications and credentials held by individual applicable to the Project: 20 12. List the majoritems of equipment which you own or which will be used on the project. Age in Quantity, Description, & Capacity Years Condition I e, 13. List below the contractsto which your• •. principal in yourOr 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): l 4. On • proliect, what percent of •rk is completed by • own forces? What percent by r •subcontractors• propose to use on project and their responsibility• • for each subcontractor, list one recent project in which they have served as a lead contractor for a similar type of wo . Subcontractor Name -, Contract Responsibility % of Contract 44c Iv a s e. d ('t . to 21 i EzENTERPRISES, INC. DBA GREENHAVEN SOD & LANDSCAPING ' - 2627 NW PLATTE RD RPIERSIDE MO 64150 PO BOX 9257 RIVERSIDE MO 64168 ce,4.32•',3 ,•;,i Riverside City Hall Location: Riverside, MO General Contractor: Universal Construction Architect: Olsson Associates Contract- Amount: $86,990.00 Completion Date: July 2001 Riverside Public Safety Building Location: Riverside, MO General Contractor:McCown/Gordon Architect: Hoefer Wysocki ContractAmount: $79,131.00 Completion Date: August 2004 Cottonwood Hills Golf Course Location: Hutchinson, KS. General Contractor: Mid-America Golf Architect: Faldo Designs Contract Amount: $831,230.00 Completion Date: October 2006 Lowe's Home'Centers, Inc. Location: Kansas City, MO. General Contractor: Fogel -Anderson Construction Co. Architect: Lowe's Home Centers Inc. ContractAmount: $107,846.00 Completion Date: April 2008 Liberty Clinic- Location: Liberty, MO. General Contractor: Excel Constructors, Inc. Architect: Kaw Valley Contract Amount: $101,448.00 Completion Date: June 2012 Phone: 816-741-3551 Fax: 816-741-1952 Email: GreenHavenSodCaol:com Project Name or City l—'�°fC;�s�Pctt,,, Contact Name: i I � ContractAmount: � Date Completed: C2. 01 C9 - Description of • 9 B ` Project Name or City r g. , '- C. YC Ilea Contact Name: ' Phone: r Contract Amount: •ma , Date Completed: BMW •• "11 15. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? If the answer is yes, please provide detail 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?` If the answer is yes, please provide detail: 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? ^ 22 If the answer is yes, please provide the detail of each and every such notice: The undersigned hereby authorizesand requests any person,or • r• i to furnish any information requested by NorthPoint Development in verification of the recitals comprising +' Experiencei :. . • agrees • •!• r` • or corporation for providing any such inf• • • NorthPoint Development. Dated on behalf of said Company thisday of fA�`tnil 012. 4 w By: s Title "trt State of i"fh t', -u ss County of i Lw ) being duly sworn, deposes and says that he or sheds the of aL.T I , W; l V t fi A s it Company, that he/she has been authorized by such Company to complete the foregoing statement, and that the answers to the foregoing questions and all statements therein contained are true and correct. 41 2 t WIff, '--'rpffl5,2013; Plane County Commission #09486326 AFFIDAVIT o (as required by Section 285.530, Revised Statutes of Missouri) d 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 •. AUTHORIZATION PROGRAM: of •nic verification of ark authorization programs operated by Department of t s Security or •uivalent federal work authorization programoperated b • States Department of • ■ Security to verify informationof newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. I • person • or • r• respect• the rerson's conduct or • attendant circumstances when the person is aware of if r •n's conduct or • or 23 Robin Carnahan Secretary of State CORPORATION DIVISION I. ROBIN CARNAHAN, Secretary of the State of Missouri, do hereby certify that the records in my office and in my care and custody reveal that 91WWWWWW" 00359497 was created tinder the laws of this State on the 19th day of November, 1991, and is in good standing, having fiffly complied with all requirements of this office. IN TESTIMONY WHEREOF, I have set my hand and imprinted the GREAT SEAL of the State of Missouri, on this, the 11th day of June, 2012 Secretary of State Certification Number: 14729800-1 Reference: Verify this certificate online at https://www.sos.mo.gov/businessentity/soskb/verify. asp 2012 861 Owner: KCMO-LIMO Contact: Quamrul Khan Phone: 816-513-2369 Location: Citywide- KCMO Description: Go Bond- Sidewalk Repairs: Concrete Description: Sidewalk, Driveway, Curb and Gutter, Engineer: ADA Ramps Engineer: KCMO Contract Amount: $529,567.60 Owner: 879 Owner: KCMO-CIMO Contact: Jason Logsdon Phone: 816-513-4707 Location: 59th St. Wayne Ave, 56th St Description: Sidewalk Improv: Concrete Sidewalk, Contract Amount: Driveway, Curb and Gutter, ADA Ramps Engineer: KCMO Contract Amount: $218,734.00 2012 855 Owner: KCMO General Services Contact: Damon Hodges Phone: 816-513-0361 Location: N. Bennington St. Description: Paving, sidewalks, electrical, fencing, Engineer: landscaping Engineer: HNTB Contract Amount: $1,925,155.45 885 878 Owner: City of Lee's Summit, MO Contact: Katie Fritsch Phone: 816-969-1082 Location: Hope House, Lee's Summit Description: Concrete Parking Lot Reconstruction Engineer: KCMO Contract Amount: $45,644.00 Location: 871 Owner: KCMO Parks & Recreation Contact:'':Frank Gibbs Phone: 816-513-7563 Location: 20th & Holly Streets Description: Observation Park Masonry Wall Repairs Engineer: City of KCMO Contract Amount: $164,178.00 2012 GUNTER CONSTRUCTION COMPANY Owner: KCMO- Parks & Recreation Contact: List of Jobs Phone: 816-513-2726 Location: Town of Kansas Fence Impr In Progress Fencing, Signage Engineer: KCMO Contract Amount: 880 883 881 885 Owner: KCMO-CIMO Owner: KCMOParks and Recreation Owner: City of Independence, MO Contact: Jason Logsdon Contact: Frank Gibbs Contact: Shar Dilmaghan! Phone: 816-513-4707 Phone: 816-513-7500 Phone: 816-325-7611 Location: Blue Ridge from 1-470 to Red Bridge Location: Black Archives Monument Sign Location: Delaware & Truman Road Charles B Wheeler DT Airport Sidewalk Improvements: Concrete Paving, grading, signage, guardrail, Description: fencing Description: Sidewalk, Driveway, Curb and Gutter, Description: New Stone Wall with Black Archives $1,288,727.34 Stamped Concrete, Roadway ADA Ramps Signage Improvements, Asphalt and Cold Milling Engineer: KCMO Engineer: KCMO Engineer: Phelps Engineering Contract Amount: $413,897.00 Contract Amount: $26,600.00 Contract Amount: $577,796.00 882 884 886 Owner: KCATA Owner: WaterOne District Owner: City of Lenexa, KS Contact: Kristen Emmendorfer Contact: Ramsey Hagan Contact: Tom Jacobs Phone: 816-346-0360 Phone: (913) 895-5823 Phone: 816-238-6475 Location: Lee's Summit Park & Ride Location: WaterOne Location: 8100 Widmer Description: Parking lot Improvements, Concrete Description: Site Improvements, Piping, Concrete Descri ption: Corrugated Pipe Replacement, Replace Flalwork, Fence, Demolition, Electrical. Flatwork Retaining wall Engineer: HNTB Contract Amount: $184,000.00 Engineer: City of Lenexa, KS Contract Amount: $329,528.00 Contract Amount: $168,198.00 877 Owner: KCMO- Parks & Recreation Contact: Mario Vasquez Phone: 816-513-2726 Location: Town of Kansas Fence Impr Description: Fencing, Signage Engineer: KCMO Contract Amount: $76,621.00 881 Owner: City of Lake Waukomis Contact: Stan Widau Phone: 816-741-2079 Location: City of Lake Waukomis Description: Walking Trail Drainage Improvements Contract Amount: $8,255.00 Contract Amount: 859 Owner: KCMO-Aviation Department Contact: Homi Kapadia Phone: 816-243-3038 Location: Charles B Wheeler DT Airport Description: Paving, grading, signage, guardrail, fencing Engineer: SK Design Contract Amount: $1,288,727.34 874 Owner: KCMO- Parks & Recreation Contact: Robin Holt -Wolf Phone: 816-513-7614 Location: Montgall Park Improvements Description: Shelter Roof, Waterline & Fountain Engineer: KCMO Contract Amount: $52,903.00 875 Owner: KCATA Contact: Kristen Emmendorfer Phone: 816-346-0360 Location: Winner Road Street Improvements Description: Concrete Paving Contract Amount: $34,678.95 854 Owner: KCMO Water Services Contact: Morris Ross Phone: 816-513-7628 Location: Blue Ridge Pump Station Description: Fencing, site utilities, electrical Engineer: Wilson & Company Contract Amount: $514,396.00 866 Owner: KCMO- Parks & Recreation Contact: Steve Hatfield Phone: (816) 513-7780 Location: Ashland Square Park Description: Shelter Building,Waterline, Fountain Engineer: KCMO Contract Amount: $124,239.00 2011 867 Owner: KCMO-LIMO Contact: Quamrul Khan Phone: 816-513-2369 Location: Walnut Ave 134 -135th SL Description: Sidewalk Improvements Engineer. KCMO Contract Amount: $270,014.00 Owner; 860 Owner: KCMO-CIMO Contact: Jeff Martin Phone: 816-513-8722 Location: Citywide- KCMO Description: Mahole Grade Adjustment Contract Amount: $400,205.00 868 Owner: Spicer Paper Description: Concrete Repairs in Warehouse Building Location: North Kansas City, MO Contract Amount: $12,078.00 GUNTER CONSTRUCTION COMPANY List of Jobs Work Completed 852 Owner: KCMO-Parks & Recreation Contact: Scott Overbay Phone: 816-513-7628 Location: Jarboe Park Play Area Improvements Description: Playground Improvements Engineer: City of KCMO Contract Amount: $250,349.50 Owner; 848 Owner; KCMO-CIM® Contact: Jeff Martin Phone: 816-513-8722 Location: E. 24th St Chelsea to Brighton Ave Description: Sidewalk Repairs Engineer'. City of KCMO Public Works Contract Amount: $89,390.23 GUNTER CONSTRUCTION COMPANY List of Jobs Work Completed 862 Owner: KCMO-LIMO Contact: Quamrul Khan Phone: 816-513-2369 Location: Holmes- 85th to 89th Description: Sidewalk Improvements Contract Amount: $209,709.60 Contract Amount: 869 Owner; KCMO- Parks & Recreation Contact: Frank Gibbs Phone: {816)513-7500 Location: Independence Plaza Masonry Repairs Description: Masonry Repairs Engineer: Frank Gibbs Contract Amount: $27,205.00 Engineer: 863 Owner: KCMO- Parks & Recreation Contact: Chris McDonald Phone: 816-513-7606 Location: Pleasant Valley Park Description: Erosion control, landscaping, Site Location: grading Engineer: KCMO Contract Amount: $35,690.00 Contract Amount: 853 Owner: KCMO-Parks & Recreation Contact: Heather Runkel Phone: 816-513-7619 Location: Swope Park Cross Country Course Description: Cross Country Markers, masonry, Engineer: City of KCMO Contract Amount: $10,385.00 Contract Amount: 847 Owner: KCMO-LIMO Contact: Jeff Martin Phone: 816-513-8722 Location: Perry Ave Chestnut to Agnes Description: Sidewalk Repairs Engineer: City of KCMO Public Works Contract Amount: $122,952.55 857 Owner: KCI T.I.F/ MID Management Contact: Chris Chancellor Phone: 816-587-4320 Location: NW Polo Drive, Kansas City, MO Description: Paving, sidewalks, electrical, landscaping Engineer: Lutien, Inc. Contract Amount: $833,602.89 870 Owner: City of Olathe, Public Works Contact: Therese Mersmann Phone: 913-971-9032 Location: Harold & Northgate Description: Gunite, stone masonry, concrete flat work, Engineer: fencing Engineer: City of Olathe, Public Works Contract Amount: $150,476.40 Owner: 858 Owner: KCATA Contact: Kristen Emmendorfer Phone: 816-346-0360 Location: Wornall @ Gregory Park & Ride Description: Paving, landscaping, electrical Contract Amount: $69,786.75 Contract Amount: 856- 56Owner: Owner: KCMO-Parks & Recreation Contact: William Warren Phone: 816-513-7614 Location: Colonade Memorial Description: Roof Repair Engineer. City of Kansas City, Parks & Rao Contract Amount: $102,325.00 Contract Amount: 842 Owner: KCMO-CIMO Contact: Jeff Martin Phone: 816-513-8722 Location: Birchwood Subdivision 2 Description: Sidewalk Repairs Engineer: City of KCMO Public Works Contract Amount: $133,458.92 864 Owner; KCMO- Parks & Recreation Contact: Chris McDonald Phone: 816-513-7606 Location: Meyer& Indiana Description: Curb Inlet Replacement Engineer: KCMO Contract Amount: $9,746.00 865 Owner: KCI T.I.F/ MID Management Contact: Chris Chancellor Phone: 816-587-4320 Location: Skyview[TiffanySprings/Ambassador Rd Description: Paving, sidewalks, electrical landscaping Engineer: Lutjen Contract Amount: $530,583.64 850 Owner: KCMO Parks & Recreation Contact: Scott Overbay Phone: 816-513-7628 Location: Parade Track-KCMO Description: Track surfacing, concrete flatwork, electrical Engineer: City of KCMO Contract Amount: $238,685.50 851 Owner: KCMO-CIMO Contact: Jeff Martin Phone: 816-513-8722 Location: Briarcliff Lane 43 -Gladstone Limits Description: Sidewalk Repairs Engineer: City of KCMO Public Works Contract Amount: $109,768.08 GUNTER CONSTRUCTIONCOMPANY List of Jobs 2010 846 849 843 839 Owner: KCMO-Aviation Department Owner: KCMG-General Services Owner: KCMO-Water Services Owner. KCMO-CIMO Contact: Homi Kapadia Contact: Mario Vasquez Contact: Joe Remmers Contact: Jeff Martin Phone: 816-243-3038 Phone: 816-513-2726 Phone: 816-513-0605 Phone: _, 816-513-8722 Location: KCI Airport Tunnels A&B Location: Red Bridge Elementary Walking Trail Location: Norfleet & 210 Hwy improve. Location: Cleveland Ave 37th -38th St. Description: KCI Airport Reroof Tunnels, electrical, Description: Asphalt Trail Description: New Asphalt Road, Fencing & Oates Description: Sidewalk Repairs drvwall, piping Engineer: SK Design Engineer: City of KCMO Engineer: City of KCMG Water Services Engineer: City of KCMO Public Works Contract Amount: $414,221.98 Contract Amount: $50,555.00 Contract Amount: $165,083.02 Contract Amount: $85,693.75 840 841 845 844 Jackson County KCMO-CIMO Owner: KCMG-Parks&Recreation Owner: KCMG-CIMO Owner: Earl Newill Owner: Jeff Martin Contact: Heather Runkel Contact: Jeff Martin Contact: 816-881-4538 Contact: 816-513-8722 Phone: 816-513-7619 Phone: 816-513-8722 Phone: Colbern Rd W. Perdue Phone: W. 69 Wornall-Pennsylvania Location: Brookside Triangle & Central Park Location: West Bottoms City Wide Location: Shotcrete Stone Arch Repair Location: Sidewalk Repairs Description: Playground/Water area upgrades Description: Sidewalk Repairs Description: Jackson County Description: City of KCMO Public Works Engineer: City of KCMO Engineer:, City of KCMO Public Works Contract Amount., $131,903.00 Contract Amount: $145,307.00 Contract Amount: $161,151.20 Contract Amount: $138,045.85 833 835 836 837 Owner: KCMO-LIMO Owner: KCMO-CIMO Owner: KCMG-CIMO Owner: KCMO-LIMO Contact: -Jeff Martin Contact: Jeff Martin Contact: Jeff Martin Contact: Jeff Martin Phone: 816-513-8722 Phone: 816-513-8722 Phone: 816-513-8722 Phone: 816-513-8722 Location: Brooklyn from 27 -27th St. Location: E 20th St. Park Ave -Brooklyn Location: Olive Ave -20th St. to 21 st St. Location: E. 20th Walrond to College Description: Sidewalk Repairs Description: Sidewalk Repairs Description: Sidewalk Repairs Description: Sidewalk Repairs Engineer:- City of KCMG Public Works' Engineer: City of KCMO Public Works Engineer: City of KCMO Public Works Engineer: City of KCMG Public Works Contract Amount: $96,087.45 Contract Amount: $16,598.66 Contract Amount: $43,374.67 Contract Amount: $61,081.58 838 827 830 831 Owner: Port Authority of KC,MO Owner: KCMG-CIMO Owner: KCMO-CIMO Owner: KCMG -LIMO Contact: Brendan Criman Contact: Jeff Martin Contact: Jeff Martin Contact: Jeff Martin Phone: 816-691-2137 Phone: 816-513-8722 Phone: 816-513-8722 Phone: 816-513-8722 Location: 1st and Main Location: E. Elmwood & 24th Street Location: S. Benton 44th St. -45th St. Location: Kansas Ave 22nd to 23rd St. Description: Landscaping and concrete work Description: Sidewalk Improvement Description: Sidewalk Repairs Description: Sidewalk Repairs Engineer: PB Associates Engineer: City of KCMG Public Works Engineer: City of KCMG Public Works Engineer: City of KCMG Public Works Contract Amount: $147,685.43 Contract Amount: $80,981.00 Contract Amount: $133,691.50 Contract Amount: $133,449.47 834 832 Owner: KCMG-CIMO Owner: KCMG-CIMO Contact: Eric Bosch Contact: Jeff Martin Phone: 816-513-2655 Phone: 816-513-8722 Location: Locust & Cherry Location: Troost Ave 10th to 12 St. Description: Island Improvements Description: Sidewalk Repairs Engineer: City of KCMG Public Works Engineer: City of KCMO Public Works Contract Amount: $28,556.00 Contract Amount: $164,261.71 2009 823 825 829 824 Owner: Parkville Special Road District Owner: City of Leavenworth Owner: Jackson County Public Works Owner: City of KCMG, Parks& Recreation Contact: Don Rogers Contact: Mike Hooper Contact: Earl Newill Contact: Jocelyn Ball -Edison Phone: 816-587-4320 Phone: (913) 682-9201 Phone: 816-881-4538 Phone: (816) 513-7626 Location: NW Hampton Road (Hwy K) Location: 790 Thornton, Leavenworth location: Various Locations Independence, MO Location: City of KCMO Description: 2009 Addition to Salt Storage Building Description: Salt Storage Racks Description: Manhole Renovations Description: Major Murray Monument Restoration Engineer: Lutjen Contract Amount: $46,355.00 Contract Amount: $38,655.00 Contract Amount: $71,608.00 Contract Amount: $97,410.00 GUNTER CONSTRUCTION COMPANY List of Jobs 820 Owner. KCMO-LIMO' Contact: Jeff Martin Phone: 816-513-8722 Location: Lexington from Park to Wabash Description: Sidewalk Improvement Engineer: City of KCMO Public Works Contract Amount: $82,225.95 2006 818 Owner: City of KCMO CIMO Contact: Kin Silvers Phone: (816) 513-2599 Location: 75th & Troost Description: Intersection Improvements Engineer: City of KCMO Public Works Contract Amount: $526,619.95 Description: 813 Owner: KCMO Public Works Contact: Mr. Thomas Degenhardt Phone: (816) 513-7990 Location: Fairwood Homes Description: Sidewalk Improvements Contract Amount: $183,388.65 2005 817 Owner: City of KC, MO Contact: Mohsen Mahoutchian Phone: (816) 513-0220 Location: 402 locations Description: Replacement of 402 Catch Basins Engineer: City of KC, MO -Water Services Contract Amount: $1,560,955.00 2002 812 Owner: KCMO Public Works Contact: Mr. Thomas Degenhardt Phone: (816) 513-7990 Location: Kensington 39th to 40th Description: Sidewalk Improvements Engineer: KCMO Public Works Contract Amount: $78,331.94 2000 1 806 Owner: City of Kansas City, Missouri Phone: (816) 513-7990 Location: NW 60th Storm Sewer Improve Engineer: KCMO Public Works Contract Amount: $51,565.00 Contract Amount: 803 Owner: City of Kansas City, Missouri Contact: Randy McGee Phone: (816) 513-7990 Location: N. Main 114th to Nashua Drive Engineer: KCMO Public Works Contract Amount: $43,872.08 GUNTER CONSTRUCTION COMPANY List of Jobs 801 Owner: KCMO-Public Works Location: 70th Terrace Desorption: Storm Drainage Improvements Contract Amount: $32,014.70 821 Owner: 828 Contact: Mr. Larry Downs Owner: KCMO-CIMO Owner, KCMO-CIMO Description: Reconstruct Roadway Contact: Jeff Martin Contact: Jeff Martin Phone: (816) 513-8722 Phone: 816-513-8722 Location; Holmes Rd 31 st to Linwood Location: Wayne Avenue from 40th to 41 sf St. Desorption: Sidewalk Improvement Description: Sidewalk Improvement Engineer: City of KCMO Public Works Engineer: City of KCMO Public Works Contract Amount: $82,548.80 Contract Amount: $43,816.85 816 815 814 Owner: KCMO Public Works Owner: City of Kansas City Owner: KCMO Public Works Contact: Dean Ferguson Contact: Dean Ferguson Contact: Mr. Thomas Degenhardt Phone: (816) 513-8735 Phone: (816) 513-8735 Phone: (816) 513-7990 Location: McGee to Grand Location: Walnut St. 59th -60th St. Location: Cypress 24th & 25th St. Description: Sidewalk Improvements Description: Walnut St. Sidewalk Improv. Description: Sidewalk Improvements Engineer: KCMO Public Works Engineer: City of Kansas City Engineer. KCMO Public Works Contract Amount: $33,406.50 Contract Amount: $56,116.50 Contract Amount: $66,174.37 801 Owner: KCMO-Public Works Location: 70th Terrace Desorption: Storm Drainage Improvements Contract Amount: $32,014.70 811 Owner: KCMO Public Works Contact: Mr. Larry Downs Phone: (816) 513-7960 Location: 36th & Janssen Place Description: Reconstruct Roadway Engineer; Van Doren Hazard Stallings, Inc. Contract Amount: $661,930.68 801 Owner: KCMO-Public Works Location: 70th Terrace Desorption: Storm Drainage Improvements Contract Amount: $32,014.70 808 Owner: City of Kansas City, Missour Location: Bennington Storm Drain Engineer: KCMO Public Works ContractAmount: $38,468.70 810 Owner: KCMO Public Works Contact: Mr. Donald Reser Phone: (816) 513-7960 Location: Walnut 60th and 61st Street Description: Curbs, Gutter, Sidewalk Engineer: KCMO Public Works Contract Amount: $69,221.28 808 Owner: City of Kansas City, Missour Location: Bennington Storm Drain Engineer: KCMO Public Works ContractAmount: $38,468.70 807 Owner: City of Kansas City, Missouri Location: 123rd Terr Storm Drain Improve Description: Storm Drainage Improvement Engineer: KCMO Public Works Contract Amount: $23,040.00 808 Owner: City of Kansas City, Missour Location: Bennington Storm Drain Engineer: KCMO Public Works ContractAmount: $38,468.70 809 Owner: City of KCMO Contact: Mr. Jim Dunajcik Phone: (816) 513-2286 Location: Various Locations Description: Storm Water Catch Basin Engineer: City of KCMO Contract Amount: $103,932.54 808 Owner: City of Kansas City, Missour Location: Bennington Storm Drain Engineer: KCMO Public Works ContractAmount: $38,468.70 AFFIDAVIT (as required by Section 285,530, Revised Statutes of Missouri) As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person 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 programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (iRCA); P -L; 99-603,, KNOWINGLY: A person acts knowingly or with knowledge, (a) with respect to the person's conductor to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S„C, 1324a(h)(3). State of Counly of ) Ss: ' BEFORE ME, the.. undersigned notary, personally appeared l al a �,� who, being, ditly sworn, States on his/her swath or affirmation as follows: 1. MI, name is.� �,.t` and I am currently the President of trU itiil D +l _ hereir afier"Contractor"), whose business address is �` r' ���'_ "�` , and 1 am authorized to make this Affidavit. 2, 1 rata of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and NorthPoint Development: Horizons Phase I Landscape, Signage, & Obelisk 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, Affiant saith not. Sigtu lure of Affiant Printed Name: Subscribed and sworn to oie the this . ay of_ - ,2012. fE LING rtrA!( N07Accepiabte enn linient and participation docurnentifion coasts of the folt� g -t' �i the Mi the t Ve F° *r Understanding: tl} a W@Ild Ci88TElteied �.avp} 43t th6litsi paSe Yalesrnry]@6., 411e (.ornractm and (I��T$�r�y ,°vl+naliYPL• i1�,yp{kMIG rd F "Xi"i7 � Apt Vy sigh d by the Contractor,. said flit De"pudnsent of Uloatpclaadsecurity l.enrYealign., °SIAL Platte County Y '4,, OF . Commission #094B6326 Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (HRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 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 KFederal contractor with the FAR E -Verify clause") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. FUNCTIONS TO BE PERFORMED 1. SSA to provide the Employer with available information that allows the Employer to confirm 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 - the Employer with names, and telephone nU[nUera of GGA representatives to be contacted during the E -Verify process. 3`SSA agrees _to safeguardthe information bVthe E through� ^ - prmgnann pnocmdureo, and 0o |inn� acueao 0o ouch info l on. a i' appnop� � -' law, '' |nd��ua|aresponsible for the Veh�uatonofGoo�| Security Numbers � ''andfor'--� -`n-- ^~ E -Verify other oranUbaaVvho nn� be authorized by SSA as -' -'- ^ �y -' �- asgouerned Page 1mM3|E-Verify MOUfor Employer | Revision Date 0910/09 uvmomdhs. M To be accepted as a participant in E -Verify yU , o should only si Ign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888.464-4218. Page 12 of 13 1 E -Verify MOU for Employer I Revision Date 09/01/09 www.dhs.gov/E-Verify. STATE OF MISSOURI Robin Carnahan Secretary of State CORPORATION D1VISION CERTIFICATE OF GOOD STANDING L ROBIN CA AN, Secretary of the State of Missouri, do hereby certify that the records in my office and in my care and custody reveal that GUNTER CONSTRUCTION COMPANY 00359497 was created tinder the laws of this State on the 19th day of November, 1991, and is in good standing, having fiffly complied with all requirements of this office. IN TESTIMONY VVHEREOF, I have set my hand and imprinted the GREAT SEAL of the State of Missouri, on this, the 11th day of June, 2012 Secretary of State ANN- CerdficationNuinber: 14729800-1 Reference: Verify this certificate online at https://www.sos-mo.gov/businessentity/soskblverify.asp