Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2013-008 Lower Line Creek Trail Bid - Crookham Const.
RESOLUTION NO. R -2013- 008 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE LOWER LINE CREEK TRAIL PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND CROOKHAM CONSTRUCTION, LLC FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of improvements to The Lower Line Creek Trail Project ( "Project "); and WHEREAS, the City received eighteen ( 18 ) responses to its request for bid and the proposal submitted by Crookham Construction, LLC ( "Crookhams ") in the amount of $396,742.19 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a contract with Crookham Construction, LLC to perform the Project; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS THAT the proposal of Crookham Construction, LLC for the construction of the Lower Line Creek Trail Project in the amount of $396,742.19 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Crookham Construction, LLC in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On -site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside Missouri the .6 ) % day of February, 2013. D 'Rathleen L. Rose, Mayor ATTEST:. Approved to Form: Robin Littrell, City Clerk Wan Th ps , City Attorney EXHIBIT "A" Lower Line Creek Trail Project Manual G 0� PROJECT MANUAL L 04 4 = ± = a 0 LOWER LINE CREEK TRAIL CONNECTOR PROJECT City of Riverside, Missouri November 2012 11 Division 1 Page -1 ADDENDUM NO. 1 TO CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CITY OF RIVERSIDE, MISSOURI LOWER LINE CREEK TRAIL CONNECTOR DATE OF ISSUE: January 3, 2013 TO: PROSPECTIVE BIDDERS AND OTHER INTERETSTED PARTIES THE FOLLOWING ITEMS ARE INCLUDED WITH THIS ADDENDUM ARE PART OF THE CONTRACT DOCUME=NTS: GENERAL ITEMS Item 1 Pre -Bid Sign -in Sheet Item 2 Pre -Bid Conference Meeting Agenda and General Contractor Inquiries THE CONTRACT DOCUMENTS AND SPECIFICATIONS, INCLUDING THE CONTRACT DRAWINGS, ARE HEREBY MODIFIED BY THE FOLLOWING ITEMS: CHANGES TO SPECIFICATIONS AD -1 Item 1 01270 MEASUREMENT AND PAYMENT A. HA Portland Cement Concrete Pavement, 5" depth: 1. ADD following paragraph "The 8" concrete apron shall also be measured and paid for under this bid item, at the 5" depth square foot unit price. Curb and gutter is considered incidental to the work. AD -1 Item 2 03002 CONCRETE A. ADD attached Section 03002 CONCRETE. Contractor shall acknowledge receipt of this Addendum by completing the acknowledgement space provided in the BID FOR UNIT PRICE CONTRACTS. DATED: _ January 3, 2013 HDR Attachments: 1. Pre -Bid Conference Sign -in Sheet 2. Pre -Bld Conference Meeting Agenda and General Contractor Inquiries 3. Section 03002 Concrete Division 0 page- I 03002 CONCRETE A. General Portland Cement Concrete Pavement construction shall be performed in accordance with Section 2200 of the APWA Standard Specifications. The material shall be in accordance with the Kansas City Metro Materials Board, KCMMB4K design mix. B. Workmanship: 1. Weather Conditions: Do not place concrete when stormy or inclement weather or temperature prevents good workmanship. Temperature restrictions and protection requirements may be modified by the Engineer under unusual conditions. 2. Cold Weather: a. Paving: Do not place aggregates containing frozen lumps, and do not place concrete on a frozen subgrade or subbase. Take all necessary actions to prevent the pavement from freezing. 1) Concrete mixing and placement may be started, if weather conditions are favorable, when the air temperature is at least 34 °F and rising. At the time of placement, concrete must have a temperature in conformance with ACI 306R- 88, Table 3.1. 2) Stop mixing and placing when the air temperature is 38 °F or less and falling or if the temperature stops rising and does not reach 38 °F. b. Protection: Prior to applying protection, cure all concrete pavement and curb /gutters, including exposed edges of the pavement and curb. In addition, protect concrete less than 36 hours old as follows: Night Temperature Forecast Type of Protection 35 °1~ to 32 °F One layer of burlap for concrete. 31 °F to 25 °F Two layers of burlap or one layer of plastic on one layer of burlap. Below 25 °F Four layers of burlap between layers of 4 mil plastic or equivalent commercial . insulating materiel approved by the Engineer. Keep protection in place until one of the following conditions is met: a. The pavement is 5 calendar days old. b. 4,000 psi strength is attained. G. Forecasted low temperatures exceed 35 °F for the next 48 hours. d. Forecasted high temperatures exceed 55 °F for ' the next 24 hours and subgrade temperatures are above 40 °F. 1) Shut down paving operations in time to comply with protection requirements outlined above. During cold weather, allow more time for finishing and protection. Perform all finishing and covering operations prior to darkness.. 03002 -1 Addendum #1 2) Equivalent commercial insulating material approved by the Engineer may be used. This material must be waterproof and have a minimum R value of 1.0. If initial set has not yet occurred, place a layer of burlap on top of concrete prior to placing insulating blankets_ 3) Use a method of protection and materials that will maintain the concrete temperature above 40T, C. Payment: Payment will be made in accordance with Section 01270, Measurement and Payment. No additional payment will be made for curing and required cold weather protection but shall be incidental to the bid unit price for concrete pavement. 03002 -2 Addendum #1 PREBID .MEETING AGENDA D ecember 27, 2012 10 90 ,'AK CITY OF RIVERSIDE, MISSOURI LOWER LINE CREEK TRAIL CONNECTOR HDR # 178226 0.1 Preliminary Matters: 0.1.1 .Introductions 0.1.2 Sign -In Sheet 0.1.3 Advertisement for Bid 0.2 Specification — Front End Documents: 021 Bids are due at 10:00 AM on January 8, 2013 at the City Clerk's Office, Bids will be opened immediately following the submittal deadline in the Board of Aldermen's chambers. 0.2.2 Bidder must be on HDR's plan holder list; contract documents available at: HDR Engineering, Inc. 3741 NE Troon Drive Lee's Summit, Missouri 64064 (816) 347 -1100 0.2.3 Submit questions to Dan McGhee and copy Travis Hoover (email preferred) 0.2.4 Qualifications of Bidders (Authority to do Business in MO, Key Personnel, Assurances) 0.2.6 Time of Completion = 120 Calendar Days, $700 Liquidated Damages 0.2.7 Missouri Prevailing Wage Rates 0.2.8 Sales Tax Exempt, Article XXV of Agreement 0.2.9 Bid for Unit Price Contracts 0.2.10 Acknowledgement of Addendums 0.2.11 Bid Security (5 %); Must be Valid for 90 days 0.2.12 Experience Questionnaire 0.2.13 Affidavit of Work Authorization 0.2.14 Insurance Requirements, Article VIII of Agreement 0.2.15 Warranty, Article XXIII of Agreement 0.3 Specification —Division 01: 0.3.1 01040 —Coordination • Riverside Quindaro Bend Levee District, Affinis is District's engineer • MoDOT (Permit to work on State Right-of-Way required) 0.3.2 01410 —Testing Laboratory Services • • Contractor sball be responsible for all testing requirements C:IpwworkinglomMd1050340Wre -Bid Meeting Agenda LLC.doc Page 1 0.3.3 01567 -- Pollution Control • Contractor shall maintain and update a site specific SWPPP 0.4 Plans 0.4.1 O1 -GOO - Cover Sheet • Two datum's provided for correlation to Levee coordinate system 0.4.2 02 -GO l —General Notes • Levee District Note 2; Monthly excavation waivers required through Levee district between April 1 and August 1 • Levee District Note 3; Contractor must submit a flood contingency plan for review and approval prior to beginning construction 0.4.3 03 -COI —Typical Sections • KCMMB4K Mix required 0.4.4 04 -CO2, 05 -0O3 — Plan and Profile • Work is on or adjacent to Levee 0.5 Questions? C:Ipwworhingloma1d1050340kPre -Bid Meeting Agenda LLC.doc Page 2 CITY OF RIVERSIDE, MISSOURI LOWER LINE CREEK TRAIL CONNECTOR PRE -BID MEETING QUESTIONS, DECEMBER 27,2012: 1. In the aerial view plan trail section of the project, is the grading limited to the concrete trail and aggregate base construction, as in no additional grading for sideslope reconstruction? Correct. The topsoil will be stripped for installation of the granular material and trail. 2. Is the riprap and aggregate on the project a U.S. Corps of Engineers or a MoDOT specification? Levee District notes and requirements are included on sheet two of the plans. The riprap is per USACE requirements, including specific quarries and ledges. The plans include an 18° thick and 24" thick riprap gradation. The aggregate material underneath the trail itself is per MoDOT specifications (MoDOT Type 1). 3. One of the plan sheets calls out riprap outside of the grading limits. Is that riprap included in the plan quantity for riprap? Yes, that is the area underneath the bridges. Riprap is not currently located in this area, but is being installed with this project. It is included as part of the pay item.pian quantity, and is not considered subsidiary. 4. Does the embankment quantity only include the area where cross sections are provided? Correct. The embankment quantity is based on the first two plan and profile sheets. The aerial view plan portion of the project will only be stripped for construction of the trail, and is not included in the embankment quantity. 5. Is the embankment quantity a plan measured quantity in the measurement and payment section? Unless there is a major discrepancy where a contractor wants to do a preconslruction and postconstruction cross section to dispute the plan quantity, the plan quantity will be used. This process is detailed in the measurement and payment section. 6 No granular base is shown on the typical trail section for Sta. 11 +50 to 12 +05. Is this correct? This is correct. The trail is crossing the top of the levee at this location and ttie Levee District does not want any granular material installed In this area. ADDITIONAL QUESTIONS RECEIVED VIA EMAIL OR PHONE: I. Will reinforcement be required on the trail? If so, does the city want WWF or Finer Mesh? No reinforcement is required on the trail. 2. Will the general contractor be required to self perform a minimum percentage of the contract value? Per Instructions to Bidders item 7, "The Bidder must'be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to perform to manage or perform all of the work required to be performed on the project by Contractor under the Agreement." Therefore there is no set minimum percentage for the general contractor. A list Riverside Lower Lime Creek Questions & Answers January 3, 2013 Page -1 of subcontractors and identification of their respective work is required at bid submission per this same section. 3. What type of sod is required? Per KCAPWA, Kentucky Blue Grass sod is required. 4. Is HDPE acceptable in lieu of the 60" Class !ll RCP? No- 5. There doesn't appear. to be a separate bid item for the 8" concrete apron, till the bid farm be revised or should this be included with another bid item? The 8" concrete apron will be measured and paid under Item No. 10, Portland Cement Concrete Pavement, 5" Depth. The curb is considered incidental to this work. See Addendum #1 for modification to Section 01270 Measurement and Payment. 6. In reference to the rip rap line items, for the 18" and 24" rip rap depths, do these depths include the 6" rip rap bedding material? For example, is the 24" rip rap actually 18" of rip rap with 6" of bedding material? Please clarify. The 6" bedding material is not included within the riprap layer thickness. For example, the 24" riprap is 24" of riprap over 6" of bedding material. 7. No. 17 - Proof of Lawful Presence, this reads like the owner must prove he is a resident of the US. We have never had to do this before. Was this really aimed at employees? No, No. 17 in the Information for Bidders is for the owner of the contracting entity not the employees. The Affidavit within the Project Manual covers employees. Riverside Lower Line Creek Questions & Answers January 3, 2013 Page -2 O F V W O �FtrUo W 0 0 �� �� � _ { rp > ; Q o o Q 0 C7\ 0o O N w I'D 0 C#' VZ I-n U)] 4 �T tn Uj O U P�(D Y •b G to G Q !�✓- 4-4 0 U Cd Zc') Z Z ° C7 an b 0 o U x- rn O � N C%J ,--� �N 43i � al C/] COD � 0 q) M a d 47 O 4x..7 O qsj Qti - a N M W bf1 00 s N N r� N d7 { O r Z 0 f-- * O M r. Lrl P�1 U cn T o d o a !�y� }�+ o m Q o w d� E O V O O O V - rn w U U U O > O O CD cd Cd rn�. o.� tt L+') m� in - to �cd k 3 [� bA [� 2 cf s O ' t V [� a, - ,o o bA V U N v) v� .. 00 47 tn O N o� 0 N ID ti cl W 1$ cf �� �� � _ { U t6 u. .d 00 0,, C7\ 0 00 0 N Cd O U � Y •b G to G Q !�✓- 4-4 0 U Cd U '.U� f"�. O � ' W W a 0 a� v V L c 0 c� v m v a v v r U H � bA bD N U3 Cd Y •b G to G Q !�✓- 4-4 0 U Cd U '.U� f"�. � - ' W W Z 0 U cn bb x-< !�y� }�+ � W m � 10 0 w U O F O �o z W N � �V ��W O FG � O a U O 'rJ O C/] > 0 o O '�o in — ko 0 C vU N U o ul En �n 3 cdU �. -�4U WU o W W uILI) C%4 41 CD V) � 3 Cd V) cd p 3 z o 0 o o � o 72 rnc� ooh "D C', Sri �O viz c`D.iz O U O U U O f O N O O OU �� s� cj • ' cn cam! yn d` oo ci cn - +a p V � k �+ O w C4 - S4 C�1 0 � � N m U t U [ S 10 O�i� o M O m N° 9b M c. F. l (�� f1. (V .0 M [� d" 00 y N 00 00 N �Q a F -4 va � i a f V3 U O y W ti c� ��cr bA cn U i� v v CKS ' IV c L od a cli PROJECT MANUAL LOWER LINE CREEK TRAIL CONNECTOR PROJECT City of Riverside, Missouri November 2012 Division l Page -1 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATIONFOR BIDDERS BID FOR UNIT PRICE CONTRACTS BID BOND EXPERIENCE QUESTIONNAIRE W O R K A U T HO R lZA T IO N A FFI D A VIT AGREEMENT EXHIBIT A PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C PERFORMANCE BOND (MODOT) EXHIBIT I) PREVAILING WAGE RATES EXHIBIT E SCOPE OF WORK EXHIBIT F TECHNICAL SPECIFICATIONS EXHIBIT G ENGINEER S CERTIFICATION EXHIBIT H CERTIFICATE OF CITY'S ATTORNEY EXHIBIT I NOTICE TO PROCEED EXHIBIT J AFFIDA VIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW EXHIBIT K ENGINEER CERT. FOR ACCEPTANCE AND FINAL PAYMENT TECHNICAL SPECIFICATIONS P.E. SEALS DIVISION 1- GENERAL REQUIREMENTS 01015 CONTRACTOR USEOFPREMISES 01030 SPECIAL CONDITIONS 01040 COORINDATION 01060 STANDARD SPECIFICATIONSAND PLANS 01181 REQUEST FOR INFORMATION 01270 MEASUREMENTAND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTIONSCHEDULE 01330 SUBMITTALS 01410 TESTING LABORATORYSER VICES 01524 WASTE AREA, MATERIAL STORAGEAND SITE APPEARANCE 01567 POLLUTION CONTROL 01732 DEMOLITION Division 0 Page -2 DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS Division 0 Page -3 CITY OF RIVERSIDE, MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until ten o'clock (10:00) A.M., on January 2013, and then publicly opened and read aloud for the construction of the following: LOWER LINE CREEK TRAIL CONNECTOR PROJECT This is a trail project consisting of approximately 33,104 SF of 5" concrete pavement, 2,060 CY of net earthwork embankment in place, 1,610 SY of 18" Riprap, 2,790 SY of 24" Riprap, and all other appurtenances. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, Forms of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may be obtained at the office of HDR Engineering Inc. located at 3741 NE Troon Drive, Lee's Summit, MO, (816) 347 -1100 upon payment of a non - refundable fee of $65.00 for each set. An additional $25.00 will be charged for mailing bidding documents. Bidders must obtain plans from HDR to become official plan holders and have the opportunity to bid the project and receive addendums. Bidding documents may also be viewed at the plan rooms listed on the City's website at www.riversidemo.com. A NON - MANDATORY Pre -Rid Meetin- will be held on at 10:00 AM on December 27 2012 in the Board of Alderman Chambers at Riverside City Hall. The City reserves the right to waive any informalities or to reject any or all bids. Each bidder must deposit a bid security in the amount, form and subject to the conditions provided in the Information for Bidders. No bidder may withdraw its bid within 90 days after the actual date of the opening thereof. Division 0 Page -4 CITY OF RIVERSIDE MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the "City ") invites scaled bids on the forms contained in the Bid Package and Contract Documents for the LOWER LINE CREEK TRAIL CONNECTOR PROJECT 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on January 8, 2013, at which time 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 scaled, clearly marked on the outside of the envelope "LOWER LINE CREEK TRAIL CONNECTOR PROJECT" and addressed to the City Clerk at Riverside City Hall. The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive any technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with 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 bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of the Bid Security, 2. A NON - MANDATORY Pre -Bid Meeting will be held on December 27 , 2012. The meeting will be conducted in the Board of Alderman Chambers at Riverside City Hall. The meeting will begin at 10:00 a.m. 3. Reiection of all Bids. If the City rejects all Bids, the City may: (1) re- advertise or re- solicit Bids following the City's normal bidding procedure; or (2) use an expedited Bid submission schedule when the City determines that the delay from the normal solicitation procedure 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 THE CITY BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 4. 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 bids or alterations will be considered. A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside City Hall and at the office of the Consulting Engineer, HDR Engineering, Inc., 3741 NE Troon Drive, Lee's Summit, MO 64064. A copy the bidding documents may be obtained from HDR Engineering, Inc., (816) 347 -1100 upon payment of a non - refundable sum of $65.00 for each complete set. An additional charge of $25.00 will apply for mailing of bidding documents. Bidding documents may also be reviewed at the following locations: Division 0 Page -5 McGraw Hill Construction/Dodge 6330 Knox Industrial Drive, Suite 100 St. Louis, MO 63139 (314) 781 -3190 Missouri iSgFt 135 Weldon Parkway, Suite A Maryland Heights, MO 63043 (800) 364 -2059 Reed Construction Data Document Processing Center 30 Technology Parkway South, Suite 100 Norcross, GA 30092 -2912 (770) 417 -4000 eplan 3806 Buttonwood Drive, Suite 106 Columbia, MO 65201 (573) 447 -7130 MOKAN CCAC 5261 Delmar, Suite B St. Louis, MO 63108 (314) 454 -9675 National Association of Construction Contractors 7447 Holmes, Suite 300 Kansas City, MO 64131 (816) 923 -5399 Builders Association 720 Oak Street Kansas City, MO 64106 (816) 531 -4741 CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Bids by a corporation must be executed in the corporate name by the president or a vice - president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 5. Addenda and Inter retations: No interpretation of the meaning to the plans, specifications, or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to: Consulting Engineer: with a copy to: HDR Engineering Inc. Attn: Dan McGhee, P.E. 3741 NE Troon Drive Lee's Summit, MO 64064 Dan-McGhee@hdi Division 0 Page -6 Project Manager: Cit y of Riverside MO Attn: Travis Hoover, P E 2950 NW Vivion Road Riverside, MO 64150 thoovet and to be given consideration must be received at least five (5) calendar days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be mailed electronically or faxed to all prospective bidders recorded as having received the Bid Documents, not later than three (3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 6. Substitute Material and Equipment: 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 possible substitute of "or- equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the "effective date of the Agreement ". 7. Subcontracts: The bidder shall submit to City with the Bid a list of all proposed sub- contractors to be used on the project. The list shall indicate those portions of the work each sub- contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to perform to manage or perform all of the work required to be performed on the project by Contractor under the Agreement. S. Qualifications of Bidder: The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification to do business in the State of Missouri 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 the City's prior written consent.) Division 0 Page -7 GC Prcj ect 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 Assurance /Quality Control Plan. Provide a summary of Bidder's Quality Assurance /Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement 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 Statement 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 unresolved. • Statement of Bidder's bond history over the past seven (7) years including any incidences of failure to perform. • Provide sworn affidavits as outlined in Section lb 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, bid pooling or strawbids 9. Bid Securit Each bid must be accompanied by a bid bond payable to the City for five percent (5 %) of the total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used in lieu of a bid bond. Attorneys -in -fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of (a) the 91 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. Division 0 Page -8 10. Li uidated Damages for Failure to Enter into Agreement: 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 the City as liquidated damages. Bidders agree that this is a fair and reasonable approximation of the actual damages incurred by 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 the City for the Bidder's refusal to honor its bid. 11. Time of Com letion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 120 consecutive Calendar Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $700.00 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City. Bidders agree that the sum of $700.00 per day is a fair and reasonable approximation of the actual damages incurred by 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 the City for such delays. 12. Conditions of Work: Each bidder must inform itself fully of the conditions relating to the 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 the 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. 13. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 14. Method of Award - Lowest Qualified 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 the City as available to finance the contract; the contract will be awarded to the "lowest responsible bidder." If such bid exceeds such amount, the City may reject all bids or may award the contract on the base bid combined with such deductible alternates 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 sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. It is the City's intent to accept alternates (if any accepted) in the order in which they are listed in the Itemized Proposal but the City may accept them in any order or combination or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award, the City may add any or all of the Alternates to the Agreement by Change Order. Division 0 Page -9 The City reserves the right to reject any and all bids, to waive any and all informalitics, and the right to disregard all nonconforming, non - responsive or conditional bids. In evaluating bids, the City shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. 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 the City. 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 the City's satisfaction within the prescribed time. The City reserve the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation, in the sole determination by the City, indicates to the City that the award will be in the best interests of the project. 15. Obligation 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, City 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 THE CITY BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THIS CONDITION. 16. 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 enrollmegt 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. 17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Missouri drivers license; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government -- hospital certificates 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. Division 0 Page -10 18 . Safety Standards and Accident Prevention: With respect to all work performed under this contract, the Contractor sh a. 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 persons (including employees) and property. c. Maintain at Contractor's office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons (including employees), who may be injured on the job site. d. Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( "OSHA ") or a 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) to produce such documentation. 19. Prevailing Wage: Wage rates for the project shall be not less than the prevailing wage rates for Platte County currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of $100 per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any Subcontractor. 20. Excessive Unem to ment: The Missouri Department of Labor has notified the City that Missouri is now in a period of excessive unemployment as defined by Section 290.550 RSMo. et seq. During periods of excessive unemployment only Missouri laborers and laborers from non- restrictive states may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states 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 approval of the contracting officer. 21. 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 provided in state law. 22. 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 Division 0 Page -11 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, 23. Current City Occupation License: The successful bidder, and all subcontractors, shall obtain a current city occupation license prior to beginning construction. 24. 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. 25. Non Discrimination and Eaual Opportunity: Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this bid, socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority, women and disadvantaged contractors to submit bids. 26. Security for 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 the City and shall have a mating of at least "A+" from Best's or "AA" from Standard and Poor's in an amount equal to one hundred percent (100 %) of the contract price that does not include the cost of operation, maintenance and money. Attorneys -in -fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 27. Signing of Agreement: When City 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 City 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 City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. Division 0 Page-12 BID FOR UNIT PRICE CONTRACTS To: City of Riverside, Missouri Re: Lower Line Creek Trail Connector Project Date } - i'S . 1 3 Project No. Proposal of C GCS �e - einafte called " idder ") * a corporation, organized and existing under the laws of the State of S a * ser or an individual doing business as Lew r WzhAlbw I - 1,L . [* Insert, or strike, corporation, partnership, individual or other entity as applicable. j 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 to commence work under this contract on or before a date to be specified in written "Notice of Proceed" of the Owner 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 sutra of $700.00 for each consecutive calendar day as provided in the Contract Documents. Bidder agrees that the sum of $700.00 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendum: Bidder agrees to perform all the Lower Line Creek Trail Connector Project work described in the specifications and shown on the plans, for the unit prices contained in the attached Bid for Unit Price Contracts Pricing Attachment attached hereto. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. Division 0 Page -13 The unit prices attached shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with Article VII of the Agreement. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids, Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 20 days and deliver a Surety Bond or Bonds as required by the Agreement. The Bid Security attached in the sum of �� Q ,bi ($ f ,45 7, // ) is to become the property of the City in the event the Agreement and all Contract Documents, including the Performance and Payment Bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the City caused thereby. THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO ALL CONDITIONS CONTAINED HEREIN. Respectfully submitted: (SEAL - if bid is by a corporation) By: aovu'X2� Title: Street: 'J- E A q 2 City, State, Zip: Phone: Division 0 Page -14 BID FOR UNIT PRICE CONTRACTS (pricing attachment) BASE BID —Division 01 Riverside ItemNo. Ouanti Description Unit Price Total 1 LS Mobilization (Max 3% of total) L liL'n 4 4 , , �Y n , C ,/ ( - ,z/ � u 1 0 ".-" - )f a C-A15 ro Dollars and Cents V106 Do lays and Cents 4LO 2 1 LS Construction Survey and Staking i v� tuo �3 SQL C� ✓nv' �+� i u 4- a GP, 1 Pr C R Doll rs and Cents Dollars and Cents ($ 9� 3 1 LS Temporary Traffic Control - H0bkXdq4Y G G Dollars and Cents Do ars and Cents 4 1 LS Clearing and Grubbing 6JI Pt Lr,4Su� cc�� Dollars and Cents llars and Cents -d ($ ($�� 5 2,060 CY Net Earth Embankment (�, � L I � � 49 In Place J (/1 l ! [* � �cl Dollars a d Cents Dollars and Cents /Up4kt/, ($ 13. 6� 2 doll" 2,160 LF Sediment Fence f C Lilhil Dollars and Cents Doll rs and Cents ,U 1 4 1 at p Division 0 Page -15 ItemNo. Ouanti Description Unit Price Total 7 1 EA Curb Inlet Sediment )( All dt" �D Filter v i m n nU Dollars 5, nfl Ce jg and Cents 8 62 LF Reinforced Concrete Pipe (60 ", Class III) /S Dollars and Cents Dollars and Cents �C�",- tA (s f ) (s 4 9 2 EA RCP End Section (60 ") cu) e/'1 Vhoe4flAo AI -euvuuA Dollars and Cent ' oil s and Cents ld�`iCllu �Jollr,� (s G -� ($ Z Z 10 33,104 SF Portland Cement f d c �'I C( o �'1yLQ. Concrete Pavement, 5" d )kL-- ..�W Depth Dollars and Cents Dollars and Cents "adAz d 4 1T ($ IN 2-O'K 11 3,678 SY MoDOT Type I ,� ��_ i�jCL= 6 ' Aggregate Base, 4" C S .Cta 61 hohf Depth Dollars dnd C nts D liars and Cents do&k.(,6 � (s Sa 6 F ) cs ao ` � -�" e ya, 12 475 SY MoDOT Type 1 dmao m I vttC Aggregate Base, 6" 6/ ' Depth, Nv/ Filter Fabric Dollars and Cents Dollars and Cents'/' ents J� (s C 3 - 13 1,610 SY L -385 Stone Riprap, 18" Depth / . - -, l/U� �? AZI/- Y 1, Dollars and Cents d M t 46 Dollars and tents ($ 5 Division 0 Page -16 ItemNo. Ouanti Description Unit Price Total 14 2,790 SY L -385 Stone Riprap, 24" Depth J C & t Dollars and Cents Dollars and Cents 0 ($ 7 ) ($ 0 ��GI 15 2 EA Removable Pipe }} - A)1) W4aorill) Bollards Dollar and Cents Dol ars arA Cents ($ a V 2, 8'0 } 16 2 EA Barrier Gate, 12 -ft, w/ f 1 Sign an U o Dcdlars and Cents ()jt"Dollars and Cents (s KOO 17 1 AC Seeding S , /� add Dollars and Cents r Dollars and Cents ($ 18 800 SY Sod Replacement q Dollars and Cents Dollars and Cents ($ 700 ) ($ 0 19 1 LS Irrigation System Repair � a v p� d �l Dollars and Cents do /l ollars and Cents U TOTAL SUM BASE BID XXXY`, 'Y. 7CXX7C 7C Division 0 Page -17 ($ 270 Z2 1 f BID BOND (Bid Security) NOWALLMENBYTHESEPRESENTS ,thatwe, Crookham Construction, LLC I as PRINCIPAL and Granite *Re, Z nc f as SURETY, are held and firmly bound unto the City of Riverside, Missouri, in the sum of Five Percent of the Baal Amount Dollars for the payment of which sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, successors, and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a bid dated January 8 , 2013, to enter into-a contract in writing for the LOWER LINE CREEK TRAIL CONNECTOR PROJICT; NOW, THEREFORE, IF said Bid shall be rejected, or in the alternate, In the event of the withdrawal of the Bid within the period specified, or the failure to enter into.such contract within the time specified, then the Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and reasonable approximation of the actual damages incurred by 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 theparties' attempt to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid. The Surety, for value reecived,.herebystipulates and agrees that the obligations of said Surety and its bond shall be in noway unpaired or affected by the extension of the _ time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. Division 0 Page -18 IF Principal shall not withdraw the bid within the period specified therein after the opening ofbids,'or, if no period be specified, within ninety (90) days after the bid opening, or in the alternate, IF said Bid shall be accepted and the Principal p . n apal shall execute and deliver a contract in the form of contract attached hereto, properly competed with ail attachments and - requirements pertaining thereto, and shall furnish a bond for the faithful performance cif said contract, and for the payment of all persons performing labor or furnishing materials" in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid within twenty (20) days after such Contract Documents are presented to Principal for signature, or in the alternate, In the event of the withdrawal of the Bid within the period specified, or the failure to enter into.such contract within the time specified, then the Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and reasonable approximation of the actual damages incurred by 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 theparties' attempt to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid. The Surety, for value reecived,.herebystipulates and agrees that the obligations of said Surety and its bond shall be in noway unpaired or affected by the extension of the _ time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. Division 0 Page -18 M WITNESS VaWREOF, the Principal and Surety have hereunto set their hands _ and seals, and such of there as or- corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth herein. j Crobkharn Constructio LLC PRINCTP _ By: A {Signature " Printed Na me: 'U t�1 Title: Date: Granite R Inc. SURE = By: {signa e� Printed Name: Kenneth D. rlhit Title: Attorney , in Fact Date: _1 _L8 42 01 ? UM SURETY POWER OF ATTORNEY MUST BE ATTACHED Division-0 Page -19 'ors at�1 Robin Carnahan Secretary of State CERTIFICATE OF REGISTRATION FOREIGN LIMITED LIABILITY COMPANY WHEREAS, CROOKITAMCONSTRUCT ION, LLC FL1130548 sing in Missouri the name CROOKIMM CONSTRUCTION, LLC existing under the laws of the State of Kansas has filed with this state its Application for Registration whereas this Application for Registration conforms to the Missouri Limited Company Act. NOW, THEREFORE, I, ROBIN CARNAHAN, Secretary of State of the State of Missouri, by virtue of authority vested in me bylaw, do hereby certify and declare that on the 29th day of March, 2011, the above Foreign Limited Liability Company is duly authorized to transact business in the State of Missouri and is entitled to any rights granted Limited Liability Companies. IN TESTIN40NY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, this 29th day of March, 2011. &" 6 Secretary of State SOS #30 (01 -2005) EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. Company Name: — (��11 5�L Primary Contact Name: Address: i CtUOOLC Phone: Fax: Email Address: CQIZSUY� Federal ID Number: or SSN: Name of State in which incorporated: Date of incorporation: Attach Certificate of Good Standing for State in which incorporated. . If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Name of the following officers: President: Vice - President; Secretary: Treasurer: Date of Organization: Type of Partnership: General Limited Association Division 0 Page -20 Names and addresses of all partners (use additional sheet if necessary): (Name) (Address) (City, State, Zip) (Name) (Address) (City, State, Zip) (Name) (Address) (City, State, Zip) 4 "-VI <ENCE `QUESTIONAIRRE 1. How many years has your Company been in business as a contractor under your present business name? 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: 3. How many years' experience in the proposed type and size of construction work has your Company had: (a) as a general contractor _5 _; (b) as a subcontractor _,t�_? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Project Name or City fI Q r Rr, 1 11 Contact Name )C,Q f ; Phone Contract Amount Z When Completed? 2G � k Description of Work P� oiect Name or City L `—� Contact Name 1'1t I rX q i Phone � _�j ��Z94 Division 0 Page -21 1u Contract Amount $ ! f , �� •�� � When Completed? Description of Work v C. S1c)kwO. t �t 5 eQ�r- t Pr Aect Name or OtY LAJULIL r A } � Contact Name hbAl vfu R Phone ttUZ Contract Amount $ Z , ()-') When Completed? Description of Work t*, CAC()t , _Vo i\ 'c r) `V _"rD xnr�i"\/) What other impottant projects has your Company completed? or City N S 6 4 C S T - It .. .� 10 Proieet Name or City Contact Name Phone Contract Amount $ Description of Work When Completed? Division 0 Page -22 Contract Amount $ When Completed IZ- Description of Work r ftk Proiect Name or City Contact Name Contract Amount $ Description of Work Phone Whet! Completed? 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: rn� All AO, hm- 3K( 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) l [) 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: d 9. What is your present bonding capacity? cm 10. List each and every incidence of failure to perform that resulted in a claim under a Performance or Payment Bond: — �Ro Division 0 Page -23 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 "a) L��M Position � — Ik _ &AA A t tt�l\OQ Years of construction experience: I V Magnitude & Type of Work C � N4C In What Capacity? _5" l l pi Years of Employment with Contractor: 2- Other projects this individual will be involved with concurrently W ith this NAME k1 t_ D5 Position &C jV�Gy� Years of construction experience: s Magnitude & Type of Work In What Capacity? cr( _ Education, professional registrations, certifications and credentials held by individual applicable to the Project: Division 0 Page -24 Education, professional registrations, certifications and credentials held by individual Years of Employment with Contractor: L-1 NAME h 0 M 1 VVLUV Years of construction experience: Magnitude & Type of Work Zn& v 4 L �A 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 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: Division 0 Page -25 12. List the major items of equipment which you own or which will be used on the project: Age in Q uantity , Description, & Capaci Years Condition L 13. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven (7) years that involved litigation of any type, arbitration, mechanics lien claim or other claim in an amount over $10,000 (include pending cases with a notation that the matter is still unresolved): 14. On a typical project, what percent of the work is completed by your own forces? What percent by subconti %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Res onsibilit % of Contract u � M76 15. Is your Company current on payment of Federal and State income tax withholdings and unemployrnent insurance payments? U C S If the answer is no, please provide detail: Division 0 Page -26 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? _1O 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? - p 0 If the answer is yes, please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any such information to the City of Riverside. Dated on behalf of said Company this ( e�) day of Titl State of &5a�, ) ) ss County of �� ) ,�V6 ���%� "being dui sworn, deposes says that he or she is the C y` t,t of C f Oo LoAs�tk� and 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. Subscribed and sworn to me before this day of , Jt� 11 20�. Notary Public My commission expires: Ad ELLIS :TEREeSA �y P b#I a to t8 r � Division 0�' Page -27 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 set-vice 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 conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not 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 ) County of 0V - "4,) ss: BEFORE , he undersigned notary, personally appeared &. 6 ho, being duly sworn, states on his/her oath or affirmation as fo]lows: 1. My n>e is Chid I am currently the President of CSC )� V\— (1l ' inafter "Contractor"), whose business address is r `,t' po and I am authorized to make this Affidavit. 2. I am of sound mind and capable o n akrng this Affidavit, and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: LOWER LINE CREEK TRAIL CONNECTOR 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 set _ Further, Affiant saith not. Signature of AM t Printed Name: Subscribed and sworn to before me this .R day of ,2013. G Notary Public *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the fol €owing 2 pages of the E- Verity Memorandurn of Understanding: (I ) a valid, completed copy of the first page identifying the Contractor, did (2) a valid copy of the signature page completed and signed by the Contractor, and the Department of Homeland Security Ve itica i Division 0 Plit t Pi ny tits d $ g�= my ,Apo, SEE - Verlry-. Company ID Number. 453010 To be accepted as a participant In E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 -464 -4218. Employer Crookhau>. Construction, LLC atiu at Croolcl�ann arse (Please Type or Print) fife Elecfronfcal! Signed 0103/201V fgnature ate Department of Homeland Security -- Verification Division SCfS Verification Division amo (Please Type or Print) Itle Electronically Signed 10/03/2011 fgnature ate Information Required for -the E- Verify Program Information, relating to your Company, Corn an Home:Crookhatn Construction, LLC Com an i=aaliit AAA 9336 182nd St vnganoxie, KS 66088 Company Alternate Address: P.O. Box 339 on anoxie, KS 66088 County or parish: LEAVENWORTH Employer idehtification Number: 383771489 Page 12 of 13 J E- Verify Mot! for Employer i Revision -Date 09/01/09 www.dhs.goviE Verify [ � MA y � y��h •. \�'3 A af!� »uaa— __cr_ac. ova Company ID Number. 453010 Rage 13 of 13 1 E -Verify MOU for Employer I ReAsion Date 09101/09 www.dhs.gOv /E- Verify. AGREEMENT BETWEEN CITY OF RIVERSIDE AND FOR COMPLETION OF LOWER LINE CREEK TRAIL CONNECTOR PROJECT CONTRACTOR; Ur l � RESOLUTION NO.: � -z )3 009 CONTRACT PRICE: S 396, a, 9 Division 0 Page -29 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR LOWER LINE CREEK TRAIL CONNECTOR PROJECT THIS AGREEMENT, made and entered into as of the [ 1 . day of Gt r`� 20 13, by and between the City of Riverside, Missouri ( "City "), and a LLCV "Contractor- "), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. - 1-2U L3 00 S , duly approved on the 6 day of Ll. +t , 2013 and by virtue of the authority vested in City by the general ordinances of City, tends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ( "Administrator ") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: A. "Contractor" A person, firm, or corporation with whom the contract is made by the City. B. "City" The City of Riverside, Missouri. C. "City Administrator" That person designated by the City as the City Administrator or, in the absence of a City Administrator, to carry out the duties of the City Administrator. Division 0 Page -30 D. "Engineer" The following Consulting Engineer to the City of Riverside, Missouri: HDR Engineering, Inc., 3741 NE Troon Drive, Lee's Summit MO 64064 E. "Project" The building, facility, and /or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. F. "Project Manager" The following project manager employed by the City of Riverside to manage the project on behalf of the City: Travis Hoover RE 2950 NW Vivion Road Riverside MO 64150 Direct: 816 372 -9004 G. Subcontractor" A person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. H. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. I. "Work" or "Work on the Project" Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit D (Scope of Work) and Exhibit E (Technical Specifications) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VII of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. J. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative on the work. ARTICLE H 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, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be Division 0 Page -31 required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Project Manager shall act as the City's representative 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. The Project Manager may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Project Manager 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 of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Project Manager 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 Project Manager, 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. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contract r under the ! Contract Documents City shall ay Contractor the sumo `� ^ n r } t S� `� kol_wc. c� C' i ) t� `1 ``� Dollars ($�12,1� .This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and (2) final payment for all unit price items set forth in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and /or installation at the project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10 %) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE of performing the Work. Any increase in quantities of materials or work performed as a result of over - excavation by Contractor will not be compensated. Division 0 Page -32 C. Payment of the Contract Amount shall be frill compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price Contracts. Ail Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's Bid for Unit Price Contracts. D. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in the applicable Resolutions or Ordinances adopted by the Board of Aldermen authorizing the Work and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VII of this Agreement, and City enacts another resolution or ordinance authorizing the amount City agrees to pay under this Agreement. ARTICLE IV PROGRESS OF WORK /SUBMITTALS A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ( "Notice to Proceed ") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof, not later than 120 calendar days after the date set forth in the Notice to Proceed for commencement of performance of the Work. The Contractor will proceed with the work at such rate of progress to insure Substantial Completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City 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. Division 0 Page -33 C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work as set forth in the Contract Documents, Contractor shall pay City $700.00 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 $700.00 per day is a fair and reasonable approximation of the actual damages incurred by 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 or the City for such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise 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 the City, acts of another Contactor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the Contractor has given written notice of such delay to the City within five (5) days of the event causing such delay. D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contactor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents, F. PHOTOGRAPHS OF PROJECT. The Contactor shall furnish photographs of the project site in the number, type, and stage as enumerated below: Division 0 Page -34 Pre Construction Furnish two (2) prints (approximately 3 x 5 inches) and each digital file, with all eights of reproduction to the Owner. Provide a minimum of forty (40) ground level photographs with date of capture imprinted on the print. Post Construction Furnish two (2) prints (approximately 3 x 5 inches) and each digital file, with all rights of reproduction to the Owner. Provide a minimum of forty (40) ground level photographs with date of capture imprinted on the print. G. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. SUSPENSION OF WORK. The City 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 the Contractor, by written notice to the Contractor which shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification, the drawing 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 Project Manager 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 Project Manager for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. 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 City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Project Manager. Review of Division 0 Page -35 any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. When submitted for the Project Manager'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 City for review by Project Manager any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Project Manager'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 Project Manager. 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 Project Manager. 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 inspection services required by the Contract Documents. The City shall provide all inspection and testing 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 Project Manager timely notice of readiness. The Contractor will then furnish the Project Manager the requircd certificates of inspection, testing approval. Inspections, tests or approvals by the Project Manager or others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The Project Manager, Engineer, and the City's representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal Division 0 Page -36 or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. If any work is covered prior to inspection by the Project Manager it must, if requested by the Project Manager, be uncovered for the Project Manager's observation and replaced at the Contractor's expense. If the Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Project Manager's request, will uncover, expose or otherwise snake available for observation, inspection or testing as the Project Manager may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work rejected by the Project Manager for failure to comply with the contract documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re- execute the work in accordance with the contract documents and without expense to the owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the City may remove such work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to 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 the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the without a change in the contract price or contract time. O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain all lands and rights -of -way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. Division 0 Page -37 P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the work. Q. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become familiar with the Project site and the conditions under which work will have to be performed during the construction period prior to bidding. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found tha such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of 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 frill authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate Division 0 Page -38 supervision and coordination of the work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. INFORMATION FOR BIDDERS 2. EXPERIENCE QUESTIONNAIRE 3. AFFIDAVIT OF WORK AUTHORIZATION 4. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 5. PERFORMANCE BOND 6. PAYMENT BOND 7. PERFORMANCE BOND (MODOT) 8. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 9. SCOPE OF WORK 10. TECHNICAL SPECIFICATIONS and DRAWINGS 11. BID FOR UNIT PRICE CONTRACTS B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all .provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. Division 0 Page -39 B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Partial Payment to the Project Manager. In addition to the amount of payment requested in the Application for Partial Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplies if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (I5) 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 City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Project Manager and Administrator. The Project Manager shall review each application for payment and certify for payment such amounts as Project Manager determines are due Contractor. From the total amount certified, City 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 final completion and acceptance of the Work is delayed due to unforeseen- circumstances and the Work is usable for its intended purpose by the City. 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. The City Treasurer, upon presentation of such pay certification, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Such check shall be submitted for approval of signature and delivery by the Board of Aldermen at its next regularly scheduled meeting. E. Neither Administrator or Project Manager's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. Division 0 Page -40 F. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City 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 Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit J. City, within thirty (30) days after the delivery of Engineer's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay subcontractors or suppliers for labor and /or material properly Division 0 Page -41 provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for 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, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Contract. ARTICLE VII CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If 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 Unit Price Contracts, 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 Unit Price Contracts, by a lump sum as to which Contractor and City 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 Division 0 Page -42 or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and /or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (s) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five -day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, MoDOT, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for damage to property and /or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City as an additional insured and have not less than the following limits: a. Each occurrence $2,700,000.00 Division 0 Page -43 b. General aggregate $2,700,000.00 c. Products /completed operations aggregate $2,700,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products /completed operations • Personal /advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY— Contractor shall purchase, maintain and deliver to the City 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 above. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and /or property damage arising out of the ownership or use of any owned, hired, and /or non - owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non -owned autos. The coverage shall have not less than a combined single limit of $2,700,000.00 for each accident. 4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than `B +XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability Division 0 Page44 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 City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the products /completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than ten (10) years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner, City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration,. non - renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City'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 Liability shall contain a waiver of subrogation in favor of City, its Division 0 Page 45 employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self - insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice requircd by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party of person as set forth in this Agreement. Division 0 Page -46 B. in claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, 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 PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City 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 Division 0 Page -47 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 the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall 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 the project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a Iump 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 City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For Qj For Contractor: Lft)cki&A City Administrator ; City of Riverside 2950 NW Vivion Riverside, MO 64150 r with a copy to: Project Manager C. yuCon (Q� Travis Hoover, P.E. Capital Projects Engineer City of Riverside 2950 NW Vivion Riverside, MO 64150 Division 0 Page -4$ B. Any notice required by the Contract Documents to be given in writing or that cither City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and /or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy -two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have, terminate the services of the Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method the City 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 City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be Iiable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from Division 0 Page -49 any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Project Manager and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may with hold, without prejudice to the rights of the City 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 City from loss on account of (1) defective work not remedicd, (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, City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Division 0 Page -50 Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and Iocal 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 fiilfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. .......... ._...... C. This Agreement shall be governed by and construed. in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit I shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of $100 Division 0 Page -51 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any Subcontractor. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent (5 %) as measured by the United States Bureau of Labor Statistics) only Missouri labors (persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non - restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. 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 City, 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 the City may 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 the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any 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. Division 0 Page -52 ARTICLE XIX SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third -party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City 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 it. -D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the 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 the City may 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 City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage.of their materials and the execution of their work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. Division 0 Page -53 B. The City may perform additional work related to the project or the City may let other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the work with theirs. C. If the performance of additional work by other contractors or the City is not noted 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 by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITEICLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and fi•ee 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 City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIH WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with Division 0 Page -54 customarily accepted good professional practices. The Contractor warrants and guarantees all other work for one (1) year from the date of completion and acceptance of the work that completed work is free from all defects due to faulty materials or workmanship. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full force and effect through the warranty period. Neither final payment, . Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV ,STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction 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 is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. Division 0 Page -55 ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 13. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project, The construction safety program shall include a course in construction 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 any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on -site employee Division 0 Page -56 employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue 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 City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion, ARTICLE XXX PERFORMANCE AND PAYMENT BONDS The Contractor shall within ten (10) days after the receipt of the Notice of Award Division 0 Page -57 ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and 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 or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Division 0 Page -59 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorize, j Approved as to form: CITY ATTORNEY: n y mpsoiY, City Attorney CITY OF RIVERSIDE By: Kathleen L. Rose, Mayor ATTEST: � .tom - Robin Littrell, ity Clerk Count y: CITY AGENT: Administrator CONTRACTOR: Occc)duivv 0(mkich . (A , LL Q, By: Prif Titl ATTEST: /Z S TARY lI Division 0 Page -60 FMIMiT A S SB41 2 9 8 3 PERFORMANCE BOND e { =` FOR THE FATTNFUL PERFORMANCE of each ofthe terms and stipulations.of 1� AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for N nstruction of LOWER LINE CREED TRAIL CONNECTOR PROTECT, dated C �o 1 2013 designated Resolution No. 0f d in every particular; Crookham construction, LLc �Wlnsert name of Company], as Principal, and RLI Insurance Company ]rrsert name ofsurety], as Surety, hereby firmly bind themselves and their respective i6irs, exedutors, administrators, successors, and assigns, jointly and severally, unto the City of Riverside, Missouri, in the total aggregate penal sum of Three Hundred Ninety Thousand Seven Hundred Forty T & 19/100s Dollars ( 9 �, 7 4 2 • 1 9 .. ) lawful money of the United States, by these presents: R 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 the Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term - thereof, and 'any extensions thereof which may be granted by City, including, -without limitation, ._ all warranty obligations and duties and if the Principal -shall satisfy 411 claims and demands incurred under such Agreement, and shall fully indemnify and hold harnrlcss the City from -all costs- and damages which it may suffer by reason of failure to do so, - and shall reimburse and repay the City all outlay and expense which the City may incur in malting good any default, then this obligation shall -lie void, otherwise to remain in full force and effect. PROVIDED FURTHER, Surety hereby stipulates and agrees that no change, extension of tittle, 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 specifications. PROVIDED FURTHER, that it is expressly agreed that the shall be deemed amended automatically and immediately, without formal and separate amendments Six Division 0 Page- I= 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 ofthe 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. CrookhaT Construction, LLC. B y: ignature) Printed Name: _ Title: Date: RLI Insurance Company SURETY By: mature) - Printed Name: Paul Ramm Title: Attorney in Fact Date: Q��r ' ( 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 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. Aston 0 SURETY POWER OF ATTORNEY MUST BE ATTACHED Page -62 RLI Surety P.O. POWER OF ATTORNEY FRI[ P.O Box 3967 1 Peoria, It, 61612 -3967 Phone: (800)645 -2402 1 Fax: (309)689 -2036 RLI Insurance Company www.rlicorp.com Know All Men by These Presents; That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Paul Ramm John Ramm jointbLand severally. in the City o —_ Lenexa , State of Kansas its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHI~;1 EOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of _ November , _ 2012 " „1i91l II i3f1lf, RLI Insurance Company State of Illinois Roy C. Die Vice President County of Peoria I CERTIFICATE On this 13th day of vem 2012 before me, a Notary Public, personally appeared _ RAC. Die who being by me duly sworn, acknowledged that he signcd the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqu ine M, Buckle Notary Public our "OFFICIAL SEAL” JACQUELINE M. BOCKtER smeoF �t�nu COMMMIONEXPIRES03MV14 I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and fiuthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto my hand arid, the seat of the�nsurance Company this day of i RLI Insurance Company Roy C. Die Vice President 1574731020212 A0059411 EXHIBIT A PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for construction of LOWER LINE CREEK TRAIL CONNECTOR PROJECT, dated 201_, designated Resolution No. , in every particular, [insert name of Company], as Principal, and [insert name of surety], as Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, unto the City of Riverside, Missouri, in the total aggregate penal sum of Dollars ($ ) lawful money of the United States, by these presents: 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 the Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term thereof, and any extensions thereof which may be granted by City, including, without Iimitation, 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 the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. 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 specifications. PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments Division 0 Page -61 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. PRINCIPAL By: Printed Name: Title: Date: SURETY By: Printed Name: Title: Date: (Signature) 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 Pooi's, and be authorized to transact business in the State of Missouri. SURETY POWER OF ATTORNEY MUST BE ATTACHED (Signature) Division 0 Page -62 SSB412983 EXHIBIT B PAY1Vl NT BOND KNOW ALL_PERSONS by THESE PRESENTS: that Crookham Construction, LLC a Corporation - [insert-cofpporation, partnership or iudividual] ,- hereinafterealledPrincipal,and RLI Insurance Company [insert name of surety], hereinafter called Surety, are held and firmly bound unto th CITY OF RIVERSIDE, MISSOURI, hereinafter called City or City, 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 Three Hundred Ni nety Six Thousand Seven aggregate penal sum ofd Dollars {$ 3 96,742.19 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. THE CONDITION OF THIS OBLIGATION is such that' WHEREAS, the Principal entered into a certain Agreement with the City, dated the - I 1 7 3 day of 2013 approved by Resolution No. �� 1, 00 W for the construction of LOWER LINE CREEK T RAIL , CONNECTOR PROJECT, NOW, TEEREPORE, in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described 'in the. Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial deterrilination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely laay 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, laborei; Page =63 7- t: (Signature,, Printed Name: Title: Date: ►�� r`�� 11, ) . RLI Insurance SURETY By: ( ignature) Printed Name: Paul S. Ramm 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. • 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 Division 0 Page -64 mechanic, or other interested party, in the name of the City of Riverside, to the use of such for parties, any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of tine, 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 such of any change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. Crookham Construction, LLC. PRINC B �A (Signature,, Printed Name: Title: Date: ►�� r`�� 11, ) . RLI Insurance SURETY By: ( ignature) Printed Name: Paul S. Ramm 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. • 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 Division 0 Page -64 RLI Surety P.O. Box 3967 1 Peoria, IL 61612 -3967 W Phone: (800)645.2492 1 Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Paul Ramm John RatrunjointlY and severall in the City of __. Lenexa State of Kansas its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars (810,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond bad been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company fin - ther certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President witf `its corporate seal affixed this 13th day of November 2012 ,t c o0 RLI Insurance Company State of Illinois ', ° Roy C. Die Vice President SS County of Peoria CERTIFICATE On this 13th day of _ November . 2012 before me, a Notary Public, personally appeared Roy ± C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqu ine M.13ockle Notary Public V "OFFICIAL SEAL" JACQUELINE M. BOCKLER COMMMIONEXPIRESIX#ISM 1, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company this c�, day of ��--- - — 7 RLI Insurance Company Zf Roy C. Die Vice President 1574731020212 A0059411 EXHIBIT B PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that insert corporation, partnership or individual], hereinafter called Principal, and [insert name of surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI, hereinafter called City or City, 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 penal sum of Dollars ($ ) 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. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain Agreement with the City, dated the day of 201 approved by Resolution No. for the construction of LOWER LINE CREEK TRAIL CONNECTOR PROJECT; NOW, THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed 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, Division 0 Page -63 Rev. € 1 168 Rev. 6/71 Bond No. SS13412982 Rev. 1/1180 Rev. 3/2/81 PERFORMANCE BOND Rev. 11/1182 (Construction) Rev. 9/1/94 KNOW ALL MEN BY THESE PRESENTS that we Crookham Construction, LLC of Tonganoxie, Ks. as principal, and RLI Insurance of Peoria IL as surety, are held and firmly bound unto the Missouri Highway and (Address) Transportation Commission in the penal sum of $135,000.00 (Minimum of One Thousand Dollars), good and lawful money of the United States, to be paid to the Missouri Highway and Transportation Commission, its successors or assigns, for which payment well and truly to be made, we bind ourselves, our agents, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seal and dated this day of 20 3 WHEREAS, the above bounden principal has applied and will apply to the Missouri Highway and Transportation Commission for permission to construct facilities on or across certain state highways in Missouri and agrees to construct all said facilities and all attachments at such places as the Chief Engineer of the Missouri Highway and Transportation Commission or its District Engineer shall designate and agrees not to trim or cut any trees or shrubs within or along any state highway right -of -way without detailed written permission of the District Engineer, therefore, and will always install said facilities and fixtures to the satisfaction of the District Engineer and in such a way as to not be a hazard to the traveling public or interfere with the maintenance of the highway. NOW, THEREFORE, the condition of this obligation is such that if the said principal, its successors, assigns, executors, administrators, employees, agents, or contractors shall at all times as long as any construction work is being performed within a state highway duly observe and perform all and singular of the agreements, convenants and conditions as above set out to be observed and performed by said principal, then this obligation shall be void, otherwise to remain in full force and effect until ninety (90) days after written notice of termination or cancellation shall be given the Chief Engineer of the Missouri Highway and Transportation Commission by the surety. ATTEST: (Corporate Seal) Crookhap Construction, LLC. Principal By Corporate Secretary O Countersigned By* K Q4k -'_ ansas C' y, MO. City Agent or Broker John Ramm Jr. • (Surety Seat) RLI Insurance Company Surety By 4 Xature of Attorney -in -Fact Paul S. Ramm Please print or type name NOTE: Power of Attorney for persons signing for surety company must accompany this bond. A Corporation Acknowledgment or Individual Acknowledgment must accompany this bond for the Principal. An acknowledgment is not necessary for the surety. *If Attorney -in -Fact for surety is not a Missouri resident, the bond must be countersigned by an agent or broker licensed by the Director of the Missouri Division of Insurance. * * * ** *SEE REVERSE SIDE FOR ACKNOWLEDGMENT * * * * ** PRINCIPAL'S ACKNOWLEDGMENT 1. FORM TO BE USED IF PRINCIPAL IS AN INDIVIDUAL State of S l' )ss. County of On this day of ) 20 (3 , before the personally appeared L to me known to be the person described i and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed, My Commission Expires ' 2 l S� TEA � r k ELLIS N�Wy Public o Stato of Kansas 2. FORM TO BE USED IF PRINCIPAL IS A PARTNERSHIP OR UNINCORPORATED COMPANY State of )ss. County of ) On this day of , 20 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument and being first duly sworn, acknowledged that he executed the same as the free act and deed of the partnership or company known and doing business as My Commission Expires Notary Public 3. FORM TO BE USED IF PRINCIPAL IS A CORPORATION State of )ss. County of On this day of , 20 , before me appeared to me personally known, who, being by me duly sworn did say that he is the of and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said acknowledges said instrument to be the free act and deed of said corporation, My Commission Expires_ Notary Public RLI Surety R I P.O. Box 3967 J Peoria, M 61612 -3967 Phone: (800)645 -2402 l Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: POWER OF A'T'TORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Paul Ranvn John Ramm 'ointl and se erall . in the City of Lenexa State of Kansas its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances In an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to--wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimlle." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of o ember RLI Insurance Company State of Illinois SS County of Peoria On this 13th day of _ 'November —2012 2012 before me, a Notary Public, personally appeared Rov C . who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqulline M. Bockle Notary Public V wonwr "OFFICIAL SEAL" UTE70 h4 JACQUELINE . BOMER PUEL10 ttiu+mrs COMMIS M IEXPIRES 03119114 Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto se my hand an the seal of the Insurance Company this, day of !� RLI Insurance Company t; Roy C. Die Vice President 1674731020212 A0059411 Rev. 8168 EXHIBIT C Rev. 6171 Bond No. Rev. 111180 Rev. 3/2181 PERFORMANCE BOND Rev. 11/1/82 (Construction) Rev. 911/94 (MODOT) KNOW ALL MEN BY THESE PRESENTS that we as principal, and as surety, are held and firmly bound unto the Missouri Highway and of of (Address) Transportation Commission in the penal sum of (Minimum of One Thousand Dollars), good and lawful money of the United States, to be paid to the Missouri Highway and Transportation Commission, its successors or assigns, for which payment well and truly to be made, we bind ourselves, our agents, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seal and dated this day of 20 WHEREAS, the above bounden principal has applied and will apply to the Missouri Highway and Transportation Commission for permission to construct facilities on or across certain state highways in Missouri and agrees to construct all said facilities and all attachments at such places as the Chief Engineer of the Missouri Highway and Transportation Commission or its District Engineer shall designate and agrees not to trim or cut any trees or shrubs within or along any state highway right -of -way without detailed written permission of the District Engineer, therefore, and will always install said facilities and fixtures to the satisfaction of the District Engineer and in such a way as to not be a hazard to the traveling public or interfere with the maintenance of the highway. NOW, THEREFORE, the condition of this obligation is such that if the said principal, its successors, assigns, executors, administrators, employees, agents, or contractors shall at all times as long as any construction work is being performed within a state highway duly observe and perform all and singular of the agreements, convenants and conditions as above set out to be observed and performed by said principal, then this obligation shall be void, otherwise to remain in full force and effect until ninety (90) days after written notice of termination or cancellation shall be given the Chief Engineer of the Missouri Highway and Transportation Commission by the surety. ATTEST: (Corporate Seal) Corporate Secretary Countersigned By* Agent or Broker City �: Principal Official Title (Surety Seal) Surety Signature of Attorney -in -Fact Please print or type name NOTE: Power of Attorney for persons signing for surety company must accompany this bond. A Corporation Acknowledgment or Individual Acknowledgment must accompany this bond for the Principal. An acknowledgment is not necessary for the surety. *If Attorney -in -Fact for surety is not a Missouri resident, the bond must be countersigned by an agent or broker licensed by the Director of the Missouri Division of Insurance. * * * ** *SEE REVERSE SIDE FOR ACKNOWLEDGMENT " "" PRINCIPAL'S ACKNOWLEDGMENT 1. FORM TO BE USED IF PRINCIPAL IS AN INDIVIDUAL State of )ss. County of ) On this day of , 20 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his fiee act and deed. My Commission Expires Notary Public 2. FORM TO BE USED IF PRINCIPAL IS A PARTNERSHIP OR UNINCORPORATED COMPANY State of ) )ss. County of ) On this day of , 20 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument and being first duly sworn, acknowledged that he executed the same as the free act and deed of the partnership or company known and doing business as My Commission Expires Notary Public 3. FORM TO BE USED IF PRINCIPAL IS A CORPORATION State of __ ) )ss. County of ) On this day of , 20 , before me appeared to me personally known, who, being by me duly sworn did say that he is the of and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said acknowledges said instrument to be the free act and deed of said corporation. My Commission Expires Notary Public EXHIBIT D PREVAILING WAGE RATES Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. Division 0 Page -65 Missouri 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(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Sited by Carla Buschjost, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9, 2012 Last Date Objections May Be Filed: Apri19, 2012 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County OCCUPATIONAL TITLE "" Date of Increase Basic Hourly Rates Over- Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker H & F Insulator $34.04 52 53 $23.13 Boilermaker $32.31 57 7 $25.80 Brlckla er and Stone Mason 7112 $33.40 58 39 $16.65 Carpenter 7112 1 $36.05 63 1 68 $13.80 Cement Mason 7112 $31.08 65 4 $16.20 Electrician Inside Wireman $33.83 13 72 $15.28+10% Electrician Outslde -Line ConstructionUneman $38.40 125 65 $5.00 + 34.6% 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 1 $15.26+10% Elevator Constructor a $42.010 26 54 $25.045 Operating Engineer Group 1 8112 $36.15 85 4 $14.21 Group 11 8/12 $35.34 85 4 $14.21 Group III 8/12 $29.79 85 4 $14.21 Group III -A 8112 $34.00 85 4 $14.21 Group IV Group V W12 $31.39 85 1 4 $14.21 Pi 2e Fitter 11112 $40.08 2 1 33 $19.07 Gla7ler $30.47 88 32 $15.43 Laborer (Building): General 7112 $25.75 30 4 $13,75 First Semi-Skilled 7112 $26.15 30 4 $13.75 Second Semi - Skilled 7112 $26.55 30 4 $13.75 Lather USE CARPENTER RATE Linoleum Layer and Cutter 7112 $33.82 46 67 13.80 Marble Mason 1 $31.70 25 4 $14.56 Millwright 7112 $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 7112 $37.45 45 33 1 $20.41 Pile Driver 7112 $36.05 63 68 $13.80 Roofer 1 Water roofer 7/12 $32.25 95 2 $14.34 Sheet Metal Worker $38.39 17 22 $17.04 Sprinkler Fitter - Fire Protection 7112 $33.83 14 4 $18.32 Terrazzo Worker $31.70 25 4 $14.56 Tile Setter $31.70 25 4 $14.56 Truck DrIver- Teamster Group 1 $30.09 100 4 $10.90 Group Il $30.09 100 4 $10.90 Group III $30.29 100 4 $10.90 Group IV $30.29 100 4 $10.90 Traffic Control Service Driver $15.35 48 49 $2.71 Fringe Benefit Percentage Is of the Basic Hourly Rate Attention Workers: €f 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 if/12 Building Construct[on Rates for PLATTE County Footnotes Section 083 asic ver- OCCUPATIONAL TITLE 1**Dateofl Hourly Time I Holiday Total Fringe Benefits Increase Rates Schedule Schedule * 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 IMAGE ORDER NO. 19 3112 PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one -half (1 '/2) shall be paid for all work in excess of forty (40) hours per work week. NO, 2: Means the maximum of eight (8) hours shall constitute a days work beginning at 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%2 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 work week consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one -half (%) hour allowed for a lunch period each day. Friday may be used as a make -up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one -half (1 times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one - half (1i/) 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%2) 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 two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. When job conditions dictate and as required by the customer, the Employer 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 under 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 toss of production due to weather and/or holidays. Atl hours worked in excess of ten (10) hours per day or forty (40) hours per week or hours worked outside the normal work week shalt 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%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 Y2) 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 -halt (1'/) times the "shift" hourly rate. NO. 14: Means eight (8) hours per day shall constitute a dads 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 lunch time. All dine 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'/). All work commencing with the beginning of the established workday 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. AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 7 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00 a.m. and 3 :30 p.m. and the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week, All full -time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. Working hours may be varied by two (2) hours. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with one -half (1/2) hour allowed for a lunch period each day. Friday may be used as a make -up day. The make -up day will be voluntary, and a decision not to work may not be held against the employee. When working four (4) ten (10) hour days overtime will be paid at the time and one - half (1'1x) rate for the eleventh (11 and twelfth (12 hour, all other work will be paid at the double (2) time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday shall be at time and one -half (1'/) for all work. All other overtime shall be at double (2) time, The first two (2) hours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and one -half (11). The regular workday (as previously defined) on Saturday is paid at time and one -half (1 %x). Work performed outside of the regular Saturday work day is at double (2) time. All work performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay. NO. 25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2) the regular hourly rate. Employment from 4;30 p.m. to 12:00 midnight, Monday through Friday; shall be paid for at one and one -half (1 %) times the regular hourly rate. From 12:00 midnight until 8:00 a.m. on any day shall be paid for at twice (2) the regular hourly rate. NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement), Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M., except when the work week is scheduled as a week with starting time advanced or delayed. 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 work day, as described above, and all work performed on Saturday shall be paid at time and one -half (1%) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not all employees working on a Saturday make -up day will have worked the same number of hours during the regular work week. It is further recognized that any work after the forty (40) hours in a week must be paid at time and one -half (1 %). Saturday make -up day shall not be used to make up for 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 -10's schedule, a Friday make -up day is allowed. If using a 4 (10) schedule, any work more than ten (10) hours in a day or forty (40) hours in a work week shall be paid at the time and one -half (1%) rate. Friday make -up day shall not be used to make up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2) time rate. AW019 083 0T.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 ". Ali work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. Ail Saturday work shall be paid for at the rate of time and one -half (1 %) the regular wage rate. Ali 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 under the following condition: In the event of inclement weather on exterior projects which prevents working the full regular eight (8) hour day, forty (40) hour work week schedule, a Saturday make -up day can be granted. Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40) hours per week. NO. 45: Means eight (8) hours shall constitute a day's work, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of 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'/2) times the regular rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one -half (1'/2) 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 (1%) the regular rate. Sunday and recognized holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours at straight time rate of pay. The 4 -10's must run for a period of at least four (4) days. NO 47: Means a regular workday shall consist of eight (8) hours between 6:00 a.m, and 6:30 p.m. forty (40) hours, Within five (5) days -- Monday through Friday or Tuesday through Saturday inclusive -- shall constitute the regular workweek. The Employer may alter the above stated hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. The Employer shall be allowed to establish a four (4) day, ten (10) hour per day work week. This work week is defined as Monday through Thursday, with a Friday make -up day. The normal work day under a ten (10) hour four (4) day work week shall be from 7:00 a.m. to 6:00 p.m. All hours worked in excess of ten (10) hours per day or forty (40) hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one -half (11%) 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 (1 %) 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 90:00 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 (V/) 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' /z) 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 Y2) their regular rate of pay for all hours worked. NO. 58: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one -half (1%) except for exclusions stated in some following additional sentences. The Employer, at his discretion, may start the work day between 5:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule Is employed, then Friday may be used as a make -up day when time is lost due to inclement weather. Time and one - half (1 1 /2) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday unless working 4 -10's, then time and one -half (1'/) after ten (10) hours. All work performed on Saturday will be time and one - half (1%). Double (2) time shall be paid for all work on Sundays and recognized holidays. NO.52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 5:00 a.m, and 8:00 a.m. The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it maybe 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: Hol_ idays -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 -Work performed outside of the regular work day (the regular work day shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending not later than 4 :30 p.m. The agreed upon starting time shall be any time between the hours of 8:00 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 1 /). All other overtime will be paid at the double (2) time rate. B. The first ten (10) hours worked on Saturday will be paid at time and one -half (1 Y2), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except tabor Day) shall be paid at the double (2) time rate. AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 4 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. if a second or third shift Is used, the regular starting time of the second shift shall be 4:30 p.m. and the regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one -half (7%2) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. When circumstances warrant, the Employer may change the regular workweek to four (4) ten -hour days at the regular time rate of pay. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time worked on Saturday shall be paid at the rate of time and one -half (1 %) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay except in cases where work is part of an employee's previous day's shift. For all overtime hours worked $25.77 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. NO. 58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight (8) hours per day or eight hours beyond normal starting time for that project excluding lunch Monday through Friday, and all work performed on Saturday, shall be paid for the rate of time and one -half (1%). When Sundays and recognized holidays are worked, the worker(s) shall be paid at the rate of double (2) time. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule at straight time. A Friday make -up day is available if time is lost due to inclement weather and at least sixteen (16) hours, but not more than thirty (30) hours, were worked during the week. NO. 63: Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting often (10) hours straight time. The four (4) tens (10s) must run fora period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one -half (1 %). All work performed on Saturday shall be paid at time and one -half (1%). Ali work performed on Sundays and recognized holidays must be paid at double (2) time. Ail work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one -half (1 %2) the regular rate. NO. 65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one -half (3%2) and five (5) hours after starting time. The starting time may be advanced by two (2) hours or delayed one (1) hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one -half (1' /). Work performed outside these hours shalt 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 employee's pay shall start at 9:00 a.m. and all time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one -half (1 Y2) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the 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 forty (40) hours must be paid at time and one -half (1%). The employer may establish a 4 -10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4 -10's schedule, the employer must schedule the 4 -10's for a minimum of one (1) week. If using a 4 -10's schedule, a Friday make -up day is allowed. AW 019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 5 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 68: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one -half and five hours after starting time. The starting time may be advanced or delayed by the employer up to one hour from the regular starting time. All work performed before the advance starting time and during the half hour lunch shall be paid at the overtime rate of time and one -half (1'/). Work 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 holidays shall be paid at the double (2) time rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one -half (1' /R) the regular rate, except as hereinafter described. In the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the Saturday in the week of the pay period. it is recognized that not all employees working on a Saturday make -up day will have worked the same number of hours during the regular workweek. it is further recognized that any work after forty (40) hours must be paid at time and one -half (1'/). The employer may establish a 4 -10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4 -10's schedule, the employer must schedule the 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 workweek shall be Monday through Sunday. Eight (8) hours shalt constitute a day's work to begin between 6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall receive the overtime rate. Employees shall receive time and one -half (1 %) for all time they are required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through Friday, or all day on Saturday. If an Employer has started the work week on a five day, eight hours a day schedule, and due to inclement weather misses any time, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for the lost time (10 -hour make -up day), All work over ten (10) hours a day or over forty (40) hours a week must be paid at time & one -half (1 1 /2). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4 -10's must be worked at 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 a.m. to 4:30 p.m., Monday through Friday, except when the work week is scheduled as a 4 -10's week or as a week with start time advanced or delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m. The advanced or delayed starling time must run for a period of at feast 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 4-10's must run for a period of at least four (4) days. Time and one -half (1 %) shall be paid for any work in excess of eight (8) hours In any regular work day Monday through Friday (or ten hours in a 4 -10's week), the first eight (8) hours of a Saturday, and it shall be at time and one -half (1%) for the Friday and Saturday following Thanksgiving. Double (2) time shall be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of eight (8) hours on a Saturday and the Saturday of a three -day weekend (except the Saturday following Thanksgiving). NO. 95: Means a regular workday shall consist of eight and one -half (8%) hours elapsed time, including one -half hour for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. 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 (1%) the straight time rate. Saturday shall be a voluntary make -up day at straight time at the discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at double (2) time. AW019 083 OT.doc ANNUAL WAGE ORDER NO. 19 Page 6 of 7 Pages PLATTE COUNTY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO. 2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. NO. 4. All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO. 7: The following days are assigned days and are recognized as holidays; New Year's 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 (8) hours toward the forty (40) hour week. However, no reimbursement for this eight (8) hours is too paid to the workman unless worked, If workman are required to work the above enumerated holidays or days observed as such, or on Sunday, they shall receive double (2) the regular rate of pay for such work. NO. 22: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, 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. NO. 32: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one -half (1'/) rate of pay. All work performed on Sundays, New 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 Years 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 Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time & one -half (1%) their regular rate of pay for all hours worked. NO. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day - or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be 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 BHoi.doc Page 1 of 2 Pages PLATTE COUNTY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO. 65: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time rate of pay. NO. 67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and if the Employer and employees agree that work will be performed on that day, no premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday, the holiday will be observed on Monday. NO. 68: All work performed on New 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 shalt 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 (1'1). NO. 72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any one of the above listed holidays failing on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Priday and paid for at double (2) the regular straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO. 19 Aw019 b83 BHol.doc Page 2 of 2 Pages Heavy Constructlon Rates for REPLACEMENT PAGE PLATTE County Sectlon oB3 OCCUPATIONAL TITLE ` Date of Increase Basic Hourly Rates er- Time Schedule Holiday Schedule Total Fringe Benefits Carpenter 7112 $36.05 1 17 $13.80 Mlliwri ht 7112 $36.05 1 17 $13.80 Pile Driver 7192 $36.05 1 17 $13.80 Electrician Outside -Line Construction1ineman $36.83 18 24 $5.00 + 34.5% Lineman Operator $33.76 18 24 $5.00 + 34.5% Lineman - Tree Trimmer $20.70 31 30 $6.01 + 23.5% Groundman $23.54 18 24 $5.00 +34.5% Groundman - Tree Trimmer $1513 31 30 $6.01 + 23.5% 02erating Engineer Group 1 7112 $33;13 3 2 $14.33 Group 11 7112 $32.09 3 2 $14.33 Group 111 7/12 $32.09 3 2 $14.33 Group IV 7112 $27.62 3 2 $14.33 Oiler- Driver 7112 $30.97 3 2 $14.33 Cement Mason 7112 $29.24 3 2 $14.38 Laborer General Laborer 7112 $27.24 3 2 $12.98 Skilled Laborer 7112 $28.45 3 2 $12.98 Truck Driver- Teamster - Group 1 7112 $29.04 3 2 $12.90 Group If 7/12 $29.04 3 2 $12.90 Group III 7112 $29.04 3 2 $12.90 Groue IV 7/12 $29.04 3 2 $12.90 Traffic Control Service Driver $15.35 27 26 $2.71 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 a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational Fide 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 occupational title of Electrician (Outside -Une ConstructionWineman), see the Labor and Industrial Relations Commission Order of June 21, 2012, In the Matter of Objecdon Nos. 122 -237. *Annual Incremental increase ANNUAL WAGE ORDER NO. 19 7112 REPLACEMENT RAGE PLATTE COUNTY OVERTIME SCHEDULE — HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one -half (1 %) shall be paid for all work in excess of forty (40) hours per work week. NO, 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one -half (1%). All work performed on Saturday shall be paid at time and one -half (1 1 /2). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one -half (1%) the regular rate. NO. 3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time & one -half (11%). Workers shall receive time and one -half (1%) for all work performed on Sundays and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized holidays when and only if any other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work, In which event, the starting time may be delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty -two (32) hours in that week shall be paid at the rate of time and one -half (1 NO. 20: l=ight (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 (1'/2) times the regular rate of wages, other than on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the straight time rate. NO. 27: Means the regularly scheduled work week shall be five (5) 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 than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one -half (1' /z) 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 %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 (1'/) unless time has been lost during the week, in which case Mondaywill 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' /z) their regular rate of pay for all hours worked. NO. 31: Means the overtime rate shall be time and one -half the regular rate for work over forty (40) hours per week. Sundays and Holidays shall be paid at double the straight time rate. Ail employees performing work on affected properties during or following emergencies shall receive the applicable rate of pay for the first sixteen (16) consecutive hours and all hours worked in excess of sixteen (16) consecutive hours shall be paid at double time until broken by an eight (8) hour rest period. Should an employee be called back to work within two hours of his normal quitting time, the previous hours worked shall count toward the above sixteen (16) hour provision. ANNUAL WAGE ORDER NO. 19 AW019 083 HOT STIP.doc Page 1 of 1 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 %). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if.olher 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'/). 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 fails 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 (I %). 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 fails on Saturday, it will be observed on Friday; if the holiday fails 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 EXHIBIT E SCOPE OF WORK Contractor shall perform the following Work as more fully set forth in the Contract Documents and Technical Specifications and Drawings: All Work necessary to construct the trail through the limits of the Project as shown on and in accordance with the Technical Specifications and Drawings. The Work in the Project shall include earthwork, concrete trail, riprap, gates, storm culvert infrastructure, site restoration and all other items contained in the Technical Specifications and Drawings. No alternate bids will be received for this project. 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 a set of contract drawings as well as 2 cds ofPDF's for owners records. 7. Provide all weather provisions to meet the schedule set forth in the contract documents. 8. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 9. Provide all traffic control as required throughout the construction process. Division 0 Page -66 EXHIBIT F TECHNICAL SPECIFICATIONS The following Specifications govern Contractor's performance of the Work: Lower Line Creek Trail Connector Project Specifications: Specifications included in the Project Manual including appendices, addenda, and all other documents and specifications referenced therein. The Drawings governing the Work are as follows; cover sheet dated November 9 2012: ENUMERATION OF PLANS, SPECIFICATIONS AND ADDENDA Following are the Plans, Specifications and Addenda which forth a part of this contract, as set forth the Contract Documents: DRAWINGS Cover Sheet General Notes, Abbreviations and Legend Typical Sections Trail Plan and Profile Trail Plan and Details Erosion Control Plan Erosion Control Details Trail Cross Sections Miscellaneous Details SPECIFICATIONS: Lower Line Creek Trail Connector Project Manual ADDENDA: No. No. No. No. No. No. Date Date Date Date Date Date Sheet No. 01 -GOO Sheet No. 02 -GO 1 Sheet No. 03 -001 Sheet Nos. 04 -0O2, 05 -0O3 Sheet No. 06 -004 Sheet No. 07 -0O5 Sheet No. 08 -006 Sheet Nos. 09 -007, 10 -008 Sheet No. I I -009 Division 0 Page -67 EXHIBIT G ENGINEER'S CERTIFICATION I, Mark Daniel McGhee Jr. hereby specify, pursuant to RSMo. 327.11, that the documents to be authenticated by my seal are limited to: 'LOWER LINE CREEK TRAIL CONNECTOR PROJECT CIVIL DRAWINGS Sheet Title 01 -GOO COVER SHEET 02 -GO1 GENERAL NOTES, ABBREVIATIONS AND LEGEND 03 -COI TYPICAL SECTIONS 04 -0O2 TRAIL PLAN AND PROFILE 05 -CO3 TRAIL PLAN AND PROFILE 06 -CO4 TRAIL PLAN AND DETAILS 07 -CO5 EROSION CONTROL PLAN 08 -CO6 EROSION CONTROL DETAILS 09 -007 TRAIL CROSS SECTIONS 10 -CO8 TRAIL CROSS SECTIONS 11 -009 MISCELLANEOUS DETAILS SPECIFICATIONS LOWER LINE CREEK TRAIL CONNECTOR PROJECT MANUAL and I hereby disclaim any responsibility for all other plans, specifications, reports or other documents or instruments relating to or intended to be used in this construction document package, they being the responsibility of the other design professionals, whose seals d signed stateme is ay pear elsewhere in the construction document package. By: Z (SEAL) Q �� Mlss C' MARK DANIEL �r MaGHEE JR. �k NUMBER rJ_ PE 2�8U18568 �4�J1� NAL Division 0 Page -68 EXHIBIT H CERTIFICATE OF CITY'S ATTORNEY I, the undersigned, the duly authorized and acting legal representative of The City of Riverside, Missouri, do hereby certify as follows: I have examined the attached contract(s) and surety bonds and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives appear to have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that if all information contained herein is true and correct, the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions and provisions thereof. it t ooi Date: [' 1— 1 Division 0 Page -69 EXHIBIT I CITY OF MIS Upstream upstream from ordinary. • ,. DATE: 31 013 PROJECT: Low6r Lin'; Creek Trail Connector PROJECT NO.: 207 -004 RESOLUTION: R- 2013 -008 (approved _Februaiy 5, 2013) TO: Contractor: Crookham Construction (address) 325 E HLvy 24 -40 OR PO Box 339 Tonganoxie, KS 66086 You are hereby notified to commence work on or after the _1st_ day of April , 2013 in accordance with the Agreement dated March 11, 2013 The work shall be substantially completed within 120 Calendar Days. The date of substantial completion is _July 29, 2013 . The project shall be completed and ready for final payment by July 31, 2013 . Rece IC _ (Title) this the 1 \ J day of CV , 20 _f � EXHIBIT I DATE: PROJECT: PROJECT NO.: RESOLUTION: TO: Contractor: NOTICE TO PROCEED LOWER LINE CREEK TRAIL CONNECTOR R- (approved ) (address) You are hereby notified to commence work on or after the day of 201_ in accordance with the Agreement dated The work shall be substantially completed within 120 Calendar Days. The date of substantial completion is The project shall be completed and ready for final payment by CITY OF RIVERSIDE (Owner) BY: City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Title) this the day of 201 Division 0 Page -70 EXHIBIT J AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW 1 , , upon being duly sworn upon my oath state that: (1)Iamthe of (2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment of wages to workers employed on public works projects have been fully satisfied with regard to this Contractor's work on LOWER LINE CREEK TRAIL CONNECTOR 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 connection with this Project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b) the payroll deductions that have been made for each worker, and (c) the amounts paid to provide fringe benefits, if any, for each worker; (5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a third 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 the City of Riverside 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 2013. My Commission expires: Notary Public Division 0 Page -71 EXHIBIT K ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment City of Riverside, Missouri Project Name: LOWER LINE CREEK TRAIL CONNECTOR Project No: 178226 Contractor: Engineer: HDR Engineering Inc." 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 functioning 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 the City. The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractor will warranty the sanitary sewer work for a period of three (3) years and all other 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 , 2013. (SEAL) Signature:_ Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. (SEAL) Attest: Robin Littrell, City Clerk Kathleen L Rose, Mayor Date: Division 0 Page -72 PROJECT MANUAL CERTIFICATION PAGE LOWER LINE CREEK TRAIL CONNECTOR I am responsible for the following sections of the Project Manual: DIVISION I HDR ENGINEERING, INC. - DESIGN PROFESSIONAL �p� Mls 4ARK DANIEL MCGHEE JR. NUMSER PE- 2008049588 (SEAL) Mark Daniel McGhee Jr., P.E. EACH PROFESSIONAL WHOSE SIGNATURE AND PERSONAL SEAL APPEARS ABOVE ASSUMES RESPONSIBILITY IN THIS PROJECT MANUAL ONLY FOR WHAT IS LISTED ABOVE. Division 0 Page -73 DIVISION I - GENERAL REQUIREMENTS Division I Page -74 01015 CONTRACTOR USE OF PREMISES A. The Contractor shall confine all construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. B. If the Contractor desires access to private properly that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to both the City and the Engineer prior to accessing the private property. 01015-1 01030 SPECIAL CONDITIONS A. Examination of the Site Bidders are required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the drawings and specifications. B. Measurements All dimensions shown shall be verified by the Contractor. Any discrepancies between the drawings and the existing conditions shall be referred to the Project Manager for adjustment, before the work is performed. For convenience, most drawings are made to scale; however, certain parts of drawings are exaggerated for clarity, so construction must be done only from figured dimensions; never scale the drawings. C. Protection of Monuments The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Responsibility of Contractor for Backfil„1 Settlement The Contractor shall be responsible, financially and otherwise, for: Any and all settlement of trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one year from and after the date of final acceptance of the entire contract under which the backfilling work was performed. 2. The refilling and repair of all backfill settlement and the repair , or replacement to the original or a better condition of all pavement, top surfacings, driveways, walks, surface structures, utilities, drainage facilities, sod and shrubbery, which have been damaged as a result of said backfill settlement or which have been removed or destroyed in connection with backfill replacement operations. 3. The Contractor shall make, or cause to be made, all necessary backfill replacements and repairs or replacements appurtenant thereto, within 30 days from and after due notification by the Project Manager or Engineer of backfill settlement and resulting damage at any designated location or locations. E. Breakage and Dama e: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by his operations and he shall replace, at his own expense, in a manner approved by the Project Manager any such broken or damaged material. 01030 -1 F. Delivery of Materials The delivery of all materials, equipment, and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. G. Pumping and Shoring The Contractor shall promptly remove all water that may reach the trenches and other excavated portions of the premises at any time during the progress of the work, and he shall keep the premises free from accumulations of water at all times until the completion of the work. All temporary shoring required shall be furnished and installed by the Contractor and shall be designed in accordance with current OSHA requirements. Trench sheeting shall not be pulled before backflling unless pipe strength is sufficient to carry trench loads based on trench width to the back of sheeting. No separate payment will be made for temporary shoring or pumping. H. Labor and Tools Work which should properly be done by skilled labor shall not be attempted with common laborers. The various contractors shall have on the job, at all times, ample equipment to carry on the work properly, including such tools as may be necessary to meet emergency requirements. I. Storage of Materials All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. J. Coordination All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor K. Blasting: No blasting will be allowed on this project. L. Definitions of Contract Completion This section defines the terms "Substantial Completion" and "Final Completion" as they are used in the Contract Documents. 1. Substantial Completion: Substantial completion is defined as 100% completion of the following items: a. Grading b. Paving C. Storm Drainage Improvements d. Riprap Installation 01030 -2 01040 COORDINATION A. All construction activities shall be coordinated with all utility owners and the City of Riverside, B. All construction activities shall be coordinated with Riverside Quindaro Bend Levee District. Contractor shall contact the Levee District 48 hours in advance of performing work within the Levee Critical Area. Contractor shall contact Ben Drake (816) 587 -1125 to coordinate field operation, C. All construction activities shall be coordinated with adjacent property owners affected by construction of the project to assure access to their properties. C. The Contractor will be responsible for notifying the Project Manager in writing of the dates when construction will begin and end. The Project Manager will notify the fire, and police departments, and the local newspapers. D. The Contractor shall be responsible State Right-of-Way, and paying for required by the Project Manager. for obtaining a MoDOT Permit to work on any and all inspection and permit fees as E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the Project Manager on a monthly basis (as a minimum). Additional meetings may be held as needed. No direct payment will be made for this item but shall be considered subsidiary to other bid items. F. Contractor may need to work with other contractors in the project area. The Contractor will make reasonable accommodation for all working parties within the project limits. If conflicts arise, or if work may be delayed due to other contractors within the project limits, the Contractor shall immediately notify the Project Manager of possible delays and work with all involved parties to allow all work, both as part of this Agreement and by others, to proceed as quickly as possible. Notification processes for said conflicts shall be in accordance with Article VI of the Agreement. 01040 -1 01060 STANDARD SPECIFICATIONS AND PLANS A. General The work shall conform to the plans and contract specifications as outlined. The standard specifications and plans which govern this work are listed below. In case of conflict, the most stringent specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications L APWA: Except where noted otherwise, the work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design Criteria, Division II (APWA Standard Specifications) as approved by the City of Riverside. The referenced APWA Standard Specifications are available at the following website: http: / /kcmetro.a wa, net /chaptei /specifications asp 2. MoDOT: All storm drainage work (construction of the reinforced concrete pipe and end sections) shall conform to the latest edition of the Missouri Standard Specifications for Highway Construction as published by the Missouri Highways and Transportation Commission. 3. Riverside Quindaro Bend Levee District and United States Army Corps of Engineers: Refer to general notes on Sheet 02 -GO I for excerpts of Levee District and Corps specification requirements including clearing, grubbing, stripping, excavation, embankment, testing, and riprap. C. Standard Plans The work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Plans when referenced in the construction documents. The referenced APWA Standard Plans are available at the following website: htt : //'kemetro.a wa.iiet /cha tens /kcmetro /s ees /APWAStdDw s. dF Other standard plans and specifications may be referred to and therefore adopted into these specifications. 01060 -1 01 I81 REQUEST FOR INFORMATION A. All questions about the meaning or intent of the Bid Documents or Contract Documents shall be submitted to the Project Manager in writing. Replies will be issued by addenda mailed, faxed or delivered to all parties recorded by the Project Manager as having received the bidding documents. B. A blank Request for Information (RFI) form is shown on the following page. This RFI form shall be completed by the Contractor and submitted to the Engineer (Fax number: (816) 347 -1197, Attn. Dan McGhee). The form shall be used prior to the bid date, after the contract has been awarded and also for the entire duration of construction. After the bid opening, all RFI's will need to be submitted to the City of Riverside (Travis Hoover). Fax number (816) 746 -8349. C. Questions received less than five (5) working days prior to the bid opening will not be answered. Prior to the bid opening, RFI No's, will be issued as they are received. All RFI's received at least five (5) working days prior to the bid opening will be answered by written addendum no later than three (3) working days prior to the bid opening. D. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 01181 -1 REQUEST FOR INFORMATION FORM City of Riverside, MO RFI No. (To be completed by the Engineer /Project Manager) Engineer: HDR Engincerinj4, Inc. Bidder or Contractor: Project Manager: City of Riverside Contract: Lower Line Creek Trail Connector THIS REQUEST BY: cc to: (Name of Bidder or Contractor's Representative) REFERENCE: DIVISION SECTION ... PLAN SHEET NO, REQUEST: ATTACHMENTS: RESPONSE BY: Date: , 20_ (Name of the Engineer's/Project Manager's Representative) RESPONSE: ATTACHMENTS: SPECIAL NOTE AFTER AWARD OF CONTRACT): IF THE CONTRACTOR BELIEVES THIS INTERPRETATION OR CLARIFICATION JUSTIFIES AN INCREASE IN CONTRACT PRICE OR CONTRACT TIME, THE CONTRACTOR SHALL NOTIFY THE PROJECT MANAGER IN WRITING BEFORE PROCEEDING WITH THE WORK INVOLVED. FURTHER, IF THE CONTRACTOR IS AUTHORIZED BY THE PROJECT MANAGER TO PROCEED WITH THE WORK INVOLVED BEFORE FULL AGREEMENT IS REACHED ON WHETHER ANY INCREASES ARE DUE AT ALL, OR IF ANY DETERMINED TO BE DUE, ON THE EXTENT OF ANY SUCH INCREASES, THE CONTRACTOR SHALL FURNISH TO THE PROJECT MANAGER ACTUAL COST RECORDS ON A DAILY BASIS. 01181 -2 01270 MEASUREMENT AND PAYMENT A. The quantities as given in the Itemized Proposal are not guaranteed to be the exact or total quantities required for the completion of the Work shown on the drawings and described in the specifications. Increases or decreases may be made over or under the Itemized Proposal estimated quantities to provide for needs that are determined by the Owner during the process of the Work. Contract unit prices shall apply to such increased or decreased quantities. The Bidder is warned against unbalancing his bid, since the unit prices will apply to deductions as well as additions. The Owner has the privilege of omitting or adding to any unit items in the Bid Form. B. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts thereof. The Owner will not pay for or be responsible for unused materials which may have been ordered by the Contractor in accordance with the estimated quantities listed in the Bid Form. C. It is the intent of the Contract Documents that all costs in connection with the Work, including furnishing of all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the Work, shall be included in the unit and lump sum prices named in the Itemized Proposal. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Itemized Proposal. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract, and all cost in connection therewith shall be included in the process named in the Itemized Proposal. D. Even though the details for measurement and payment of a particular item are outlined in the following articles, if said item does not appear in the Itemized Proposal, or if said item is a part of another item listed in the Itemized Proposal, it will not be measured for payment. E. Whenever in the Itemized Proposal there is a discrepancy between unit prices and extensions or totals, the unit prices will govern, and the extensions or totals will be corrected accordingly. F. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits, the Contractor will be paid only for the actual quantities. G. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Itemized Proposal multiplied by the contract unit price therefore. 01310 -1 2. Lump sum payment for each item so listed in the Bid Form, at the contract lump sum price therefore. 3. Any special payment or adjustment, plus or minus, as provided for in the Agreement. H. Pay Items Mobilization This item shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, and other facilities necessary for work on the project except as provided in the contract as separate bid items; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various items on the project site; for periodic cleanup during construction and for cleanup upon completion of the work. Lump sum bid for "Mobilization" shall not exceed 3% of the itemized proposal total Payment will be based on the contract lump sum bid price for "Mobilization ", partial payments will be allowed on the next estimate as follows: a. When 5 percent or more of the original contract amount is earned, 25 percent. b. When 10 percent or more of the original contract amount is earned, an additional 25 percent. C. When 25 percent or more of the original contract amount is earned, an additional 25 percent. d. When 50 percent or more of the original contract amount is earned, the final 25 percent. Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the contract. 2. Construction Survey and Staking Contractor is responsible for providing all required construction surveys. Contractor shall be responsible for proper replacement or resetting of monuments, section corners, property corners, benchmarks, or other reference points that are moved or destroyed by construction of the project by a Registered Land Surveyor, duly registered in the state of Missouri. Payment will be based on the contract lump sum bid price for "Construction Survey and Staking ". If this item is subcontract out, payment will be based on action invoices submitted by the survey subcontractor subject to the review of the City. If this item is not subcontracted, partial payments will be allowed on the next estimate as follows: 01181 -2 a. When 5 percent or more of the original contract amount is earned, 25 percent. b. When 10 percent or more of the original contract amount is earned, an additional 25 percent. C. When 25 percent or more of the original contract amount is earned, an additional 25 percent. d. When 50 percent or more of the original contract amount is earned, the final 25 percent. Such payment shall constitute full compensation for all labor, materials, equipment, tools, and performance of ail work necessary to complete the item. Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the contract. 3. Temporary Traffic Control: This item shall include all personnel, equipment, supplies, and incidentals for Contractor to provide traffic control meeting requirements of "Part & of the Manual on Uniform Traffic Control Devices (MUTCD) current edition and its latest revisions. Payment will be based on the contract lump sum bid price for "Temporary Traffic Control ". Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the contract. 4. Clearina and Grubbin : This item shall include all work necessary to prepare site for construction including demolition of existing features, stripping and stockpiling topsoil, all material, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on the contract lump sum bid price for "Clearing and Grubbing ". 5. Net Earth Embankment (In Place This item shall include all work necessary to excavate and compact site to final earthwork grade, including all materials, equipment, tools, labor and work incidental thereto as required to complete this item as specified. The net earth embankment quantity in the bid form is a comparison between the proposed finish earthwork surface and the existing grade within the proposed grading extents. The quantily calculation does not take into account an shrink or swell of material. Payment will be based on a cubic yard basis, based on project plan quantities for "Net Embankment (In Place)." The Contractor shall review the existing cross sections and agree, or disagree with the existing ground line before beginning any excavation or embankment construction. Areas in question may be resurveyed to confirin the cross 01181 -3 sections in question, if any. If the Contractor performs a resurvey of the existing ground line it shall be at his expense. The engineer shall be on site during the survey and shall be given a copy of the survey notes. Contractor shall provide as -built survey in AutoCAD format for comparison to pre - construction conditions. 6. Sediment Fence This item shall include all work necessary to install, maintain throughout project, and remove temporary sediment fence, including all materials, equipment, tools, labor and work incidental thereto as required to complete this item as specified. No direct payment will be made for maintenance (i.e. cleaning, removal of silt, repairing, setting up or replacing previously paid for devices, etc.). Payment will be based on measured linear foot basis for "Sediment Fence." 7. Curb Inlet Sediment Filter This item shall include all work necessary to install, maintain throughout project, and remove temporary curb inlet sediment filter, including all materials, equipment, tools, labor and work incidental thereto as required to complete this item as specified. No direct payment will be made for maintenance (i.e. cleaning, removal of silt, repairing, setting up or replacing previously paid for devices, etc.). Payment will be based on measured per each basis for "Curb Inlet Sediment Filter." 8. Reinforced Concrete Pipe (60 ", Class III) This item shall include all work necessary to install storm culvert pipe including trenching, bedding, furnishing and installation of pipe, couplings, backfill, compaction, testing, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured linear foot basis for "Reinforced Concrete Pipe (60 ", Class III)." 9. RCP End Section (60"): This item shall include all work necessary to install storm end section including trenching, bedding, furnishing and installation of end section, couplings, backfill, compaction, testing, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured per each basis for "RCP End Section (60 ")." 10. Portland Cement Concrete Pavement,,,, 5" depth This item shall include all work necessary to construct concrete pavement including layout, forming, furnishing all material, finishing, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured square foot basis for "Portland Cement Concrete Pavement, 5" Depth." 01181 -4 11. MoDOT Type l Aggregate Base, 4" depth This item shall include all work necessary to install aggregate base including subgrade preparation, compaction, furnishing all material, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured square yard basis. for "MoDOT Type 1 Aggregate Base, 4" Depth." 12. MoDOT T e I Aggregate Base 6" depth w/ Filter Fabric: This item shall include all work necessary to install filter fabric and aggregate base including subgrade preparation, fabric tie - downs, compaction, furnishing all material, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured square yard basis for "MoDOT Type 1 Aggregate Base, 6" Depth, w/ Filter Fabric." 13. L-385 Stone Riprap (Depth Varies) This item shall include all work necessary to install riprap including subgrade preparation, bedding material, compaction, furnishing all material, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured square yard basis for "L -385 Stone Riprap, 18 and 24" Depth." 14. Removable Pipe Bollards This item shall include all work necessary to furnish and install removable pipe bollards including foundation construction, painted bollard, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured per each basis for "Removable Pipe Bollards." 15. Barrier Gate, 12 -ft, w/ Sian This item shall include all work necessary to furnish and install stainless steel barrier gate with fixed posts, including foundation construction, gate, gate holdbacks, trail closed signage, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured per each basis for `Barrier Gate, 12 -ft, w/ Sign." 16. Seeding, Sodding, Fertilizing, & Mulch This item shall include all work necessary to establish seeding or sod as identified on the contract documents including, but not limited to, seedbed preparation, mulching, fertilizer and watering until vegetation is accepted, furnishing all material, equipment, tools, labor and work incidental thereto as required to complete this item as specified. Payment will be based on measured acre basis for "Seeding" and measured square yard basis for "Sodding." 01181 -5 01410 TESTING LABORATORY SERVICES A. General Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing far items incorporated into the project. Refer to Section L, Page 36, of the Agreement for additional information. The tests, frequency and reports required to confirm contract compliance shall be as specified in the APWA Standard Specifications unless otherwise noted below: Material Test Standard Fre uene Concrete Compression Tests ASTM C31, C143, 1 set of cylinders from the C172 first pour and for each 100 C.Y. thereafter. Note: Air and slump tests are required for each set of cylinders created. Concrete Slump ASTM C 143 At the beginning of each pour and for each 100 C.Y. thereafter. Concrete Air Content ASTM 0231 At the beginning of each pour and for each 100 C.Y thereafter. Soils Moisture Density ASTM D698 Minimum 1 per soil type (on site or borrow) Soils Soils and Plasticity ASTM D2487 Minimum I per soil type Index and Classification Soils In -place Density ASTM D1556, Min. of 1 test for each 100 D2167, D2922 C.Y. of material placed or each lift of material, whichever is more frequent, min. of 500 feet of fill placement Soils In -Place Moisture ASTM D2216 Min. of 1 test for each 100 Content C.Y. of material placed or each lift of material, whichever is less One copy of the test results shall be submitted to the Project Manager electronically within 24 hours of the test completion, and one hard copy to be submitted to the City within five (5) days of the test completion. The testing lab must be agreed upon by the Contractor and the City. B. Payment No direct payment shall be made. This item shall be considered subsidiary to the bid items of the materials being tested.. 01410 -1 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas, field office location, and non -soil waste area. The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and debris as a result of construction activities so' that at all times the site of the work shall present a neat, orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid item, "Mobilization ". 01524 -1 01567 POLLUTION CONTROL No open burning will be permitted. Contractor is responsible for maintaining and updating site specific Stormwater Pollution Prevention Plan. 01567 -I 01732 DEMOLITION A. General This item includes, but is not limited to, the removal and disposal of landscaping items, signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items designated for removal in the plans or as directed by the Project Manager. All items that are inside the construction limits, including those not listed or shown on the plans, shall be included in this item. Demolition shall be done in accordance with Section 2101 of the APWA Standard Specifications. 1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to be removed, the existing pavement shall be out with a concrete saw to full depth. If the remaining pavement is chipped or cracked during sawing and removal, it shall be re -sawed behind the limits of the chip or crack. No additional payment will be made for the replacement of pavement damaged during construction other than that shown on the plans. This is considered subsidiary to the bid item "Clearing and Grubbing." B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly discarded off the project limits and shall not be re -used or used as an embankment material within the project limits. C. Payment: No direct payment shall be made for demolition. This item shall be considered subsidiary to the bid item "Clearing and Grubbing ". 01732 -1 (Includes all compliance / supplemental documentation to be included with the project manual / contract for the project listed below) for LOWER LINE CREEK TRAIL CONNECTOR PROJECT PROJECT # 207 -0 RESOLUTION NO. R- 2013- 008 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE LOUVER LINE CREEK TRAIL PROJECT AND APPROVING THE ,AGREEMENT BETWEEN THE CITY AND CROOKHAM CONSTRUCTION, LLC FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of improvements to The Lower Line Creek Trail Project (Project"); and WHEREAS, the City received eighteen (18) responses to its request for bid and the proposal submitted by Crookham Construction, LLC (Crookhams' ) In the amount of $$06,742.19 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find It is in the best Interest of the City to enter into a contract with Crookham Construction, LLC to perform the Project; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS THAT the proposal of Crookham Construction, LLC for the construction of the Lower Line Creek Trail Project In the amount of $396,742.19 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Crookham Construction, LLC In substantially the same form as attached hereto in Exhibit 'A" and Incorporated herein by reference Is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires elf contractors or subcontractors doing work on the project to provide, and require Its on -site employees to complete, a ten (10) hour course In construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri department of Labor and Industrial Relatlons which is at least as stringent as an approved OSHA program, Such training must be completed within sixty (60) days of the date work on the Project commences. On -site employees found on the works €te without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER WHAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Boa d of Aldermen and APPROVED by the Mayor of the City of Riverside Missouri the lay of February, 2013, = ATTEST: .'Robin Littreli, Ciky Cleric thieen L. Rose, Mayor Approved : to Form: City Attorney EXHIBIT "A" Lower Line Creak Trail Project Manual January 11, 2013 City of Riverside Attu: Mir. Travis Jloovgr P,P. 2959 WW Vivion Road Riverside, MO 64105 . Re. Ln4ier Line Creek Trait Connector Project Recommendation of Award 11DR. # 175226 Dear Mr. Hoover. Bids for the Lower Line Creek `nail Conneetor were received at 10,00 am on January 8, 2013, by 'the City of Riverside.. The Tabulation of Bids is enolosed as Exhibit 1. Tench Construction, [no., was the apparent low bidder with a subinitted Total Base Bid of $387,293,00. Crookham ConstruUlon, LLC, was the second appardnt tow bidder with a submitted Total Hasa Bid of $396,742.19. HDR Engineering, The, (HDR) has reviewed the supplied bid for unit prico c d atracts, questionnaire, affidavit of work a and bid security for baoh of the two low bidders to determine tho lowdst responsive and responsible bidder in confon iancs with the bidding requirements, The following is a summary of our review: Wenach Construction. Ind. 1, piclf�rUiiitpriceContracts /Bid Security a. Addendum 01 was acknowledged by the bidder. b. A Bid Bond was provided for "5°o of amount bld." Hand written amount of $19,250.00 in Bid for Unit Price Contracts is less than 5%, at 4.97b /o of Total Bid. c. Words were -not provided for individual bid items on pricing attachment. Total Sure Base Bid is shown with both words acid figures, Bid for Unit Price Contracts instnietions and Information for Bidders, Item 4 Preparation and Submissiotl of Bid, both require that each bid item bu completed with both-words and figures, d. Extension figures four bid items, numbers 10 Rough 13, are rounded to nearest whole dollar instead of carrying to nearest cent . 2. Questionnaire a. The questionnaire was provided with the bid submission. b. A Certificate of Good Standing f6r State in which incorporate was not attached, Biddex is incorporated iu Kansas. The questionnaire requires that this Certificate b6 provided with the bid. HDR Engineerin ,lie. 3741 NETroon[M" PhM(69)347410D G�Spwwaticlrig' ams1d1�5830311�1 .11•[3Uc4OvckR,:Y1cwuaer_doo Lee$ Sumiza t1b 64664 Fax(M)347. W ` t widditcom Mr. TravbHoover January 11, 2013 Page 2 c. A Certifloaie of Authority to do Business in Missouri was not attached, The questionnaire requires that this Certificate be provided with the bid. d. Project references were provided for seven (7) projects. Highest provzous contract amount indicated is $227,912.00. Paving experience listed is predominately. on .asphalt trail/ road construction, e. Pages 22 and 23 of questionnaire not included with the bid submission, Page 22 covers project experience, which was satisfied by the supplemontal project reference letter. Page 23 required the following information to bs provided: L Two engineering firms worked with fl, Whether or not the ooatractor has failed to complete any work on a project or defaulted Qn a contract iii. Name of Surety Company to be used if p %jeot is awarded to contractor iv. Present bonding capacity, and oaoh incidence of failure to perform that resulted in a claim under a Performance or Payment Bond. Due to Page 23 being missing, none of this information was provided. 3. Affid va it of Work Mthoriation a. The Affidavit of Work Authorization forth was not provided with the bid submission. Information for Bidders, {item. 4 Vreparation and Submission of Bid, requires that tho Affidavit of Work Authorization be submitted with the bid. As indicated in the review above, multiplo bid requirements were riot satisfied by the apparent low bidder. Therefore it is of HDR's opinion that Tenooh Construction Inc. has not submitted a responsive and responsiblo bid, The following is a summary of the review of the second low apparent bidder: uakhom Construction, LLC 1. Did for_U,Djt Price Contracts/ Aid Securi_ ty, a. Addendum #1 was acknowledged by the bidder, b. A Hid Bond was provided for 5% of amount bid. G. Words and figures were provided f or all bid. items. 2. Questio a. The questionnaire was provided with the bid submission. b. Bidder did not complete either Corporation or Partnership section of questionnaire, Corporation section requires submission of Certificate of Good Standing for State in which Incorporated and a Cortifloats of Authority to do Business in Missouri. CQntrantor is organized in Kansas and did not provide a CwtifCcate of Good Standing. A Ceftificato of Authority to do Business in Missouri was provided. HDR EVM.Sdag, [ae. C:t workf ngl�ntaEd107834310L1t- !3UAOCWkWtWUfteAO Mr. Travts Hoover January 11, 2013 Page 3 ,e. project references were provided for four (4) projeo% with contract amounts provided on recent projects 1tWlar in scope. Highest previous contract amount indicated is $331,681.00. Experience includes concrete fiatwork, All four project references were contacted, including two for projects for the City of Kansas City, MD, one for the City of Tonganoxie, KS, and one gener111 contractor for a project in Basehor, KS. All respondents had positive experiences with the contractor, Change orders, if applicable, were driven by changes In scope by the ow ner or unfordseen circumstances, Field superintendent was easy to work with on projects. Office personnel were professional and businesslike, and provided completo paperwork, 3, Affidgvit of Wo rk Authori a. The Affidavit of Work Authorizdtion - form was completed and provided with the bid submission. seomrnendatio It is opr opinion that the apparent low bidder, Tenoch Construction, Inc., is not responsivo and responsible- to the Advertisement fof Bids. The second apparent low bidder, Crookharn Construction, LLC, has demonstrated that they are responsive and responsible to the Advertisement for Bids. Therefore we recommend that the City of Riverside award the contract titled "Lower Line Creek Trail Connector Projeot", #o Crookham Construction, LLC, for tho Total Sum Base Bid of $396,742.19. Sincerely, Aaron J. Bf Otte, P.E. Projeot- l�anager Cc; Nancy Thompson, City Attorney Enclosllre - 4 HDR Egtoarfrt9, tcm. C►pwwoMa&wMJ08343101•11.13 Um Onck Wm UhitAe f I OX n e r N 19 G O I �{�tni''•iANN`eP �Qgq� Vi F���.[^�^�p �� j � IL H rt caH H NNNwNNNH H NHN ♦1 g in p NN r r 4100 N H NHit NgNNNN NNN g r r �• H N N N N w w H h N N N N H N N w N w H 5 Ni4NNNw q eswNWH w+i1 HSS Nvrw • i � 888 S SSS�y6i� 88 $S l ag V R`f ��r�r HNLf / NNN i'� NHN N `gHy[,yN�YNHtR .H �H[ tt P� b O N N H N w N H H N N H H w N N N w w aT lull� gg $ ^m •t ai �I fu asn ti �s3 �a�r rri m�a� `� � N wN N pp NW pp Hpp H K p ( a po f Q H p , i `j�p00 tl � y ry f OOa 4O P t?Q V ��J:3 iJ�L7 �[Ei U3NNNNU3 UJ 41n� �� Hw a d I OX n e r N 19 �� b' s� �� �� �� �� �� 4 �" �s $r al e 8 �s a� F H NN r'S2 s- cc p $j d I -MUS � d n a H +t Ma"N4NMv '-" hq1 �7� NNNy�gK�!�wt KNYt if NNaH NwyH� c4Ny '�i}$e{il F tai p Ogg La N o �� ~ 3Rt � Sp4 Hpp» HpN HNNN w N µ{1y i�y9 8 p K ��lyy}ppN 444 00 UpU {�Sy�'�S 499 9-9 a &��� � r a 0. $ r nNr��ai �Vi g{'a;d��a cfK Vh� X 77 r $� wwYlH i3µ »» Hw HNNNHHjw H QQ H f t`I r sJ .i N w r.� wwNNN NN K NN NN»» Hlg iipVVH 4 V} w »i4 c pK p N p NN �iy4 r�N N N N s ¢¢ ' � ✓QQi NK41 N 31 NN»N44H ww » c1y T �0. N»Nw» HN F) NN »Nµ4iNN wwH Q tn,` CI HppKµ NVSNNN »µy11W H4l t po 4 p Yi trtr S a vi 8 $Fcq�( '94� $�$j} g� ¢$ 8 » K N K K4)» NHNKH NN» N N µH H NN r'S2 s- cc p $j d I -MUS � d n a H +t CITY OF RIVERSIDE BUSINESS LICENSE LOCATION OF SUSMSS This license is to be displayed conspicuously at the location of business, and is not transferable or assignable. CROOKHAM CONSTRUCTION LLC PO BOX 339 TONGANOXIE KS 66086 B(PIRATION DATE 12/31/2013 DATEISSUED LlCENSENUNIBE R 2/05/2013 0819 LICENSE FOR CONTRACTOR CLASS $48.00 TRACTOR OUT THIS LICENSE IS ISSUED PURSUANT TO THE PROVISIONS OF THE CITY CODE OF THE CITY OF SIDE AND AMEND 7 O. � Clerk 3 ookham = ° a ...... . . . .... t . A const ruction, 11c Kansas & Missouri WBEIDBE Certified February 28, 2013 City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 RE: Bond #SSB412982 —Lower Line Creek Trail Connector Project - MODOT $135,000.00 To whom it may concern: Please use this letter as your authority to date the bonds and power of attorney the same date as the contract. Upon signing of the contract, please advise us of the contract date, or forward us a copy of the dated and signed contract. Thank you for your assistance and please call if you have any questions. Sincerely, Kathryn A. Crookham Crookham Construction, LLC Owner P.O. Box 339 P. 913.369.3341 Tonganoxie, KS 66086 F. 913.369.3342 RAMM INSURANCE March 5, 2013 Crookham Construction, LLC. PO Box 339 Tonganoxie, Ks. 66086 RE: Bond #i:SSB412982 $135,000.00 Missouri Highway and Transportation Commision To whom it may concern: Please use this letter as your authority to date the bonds the same date as the contract. Upon signing of the contract, please advise us of the contract date, or forward us a copy of the dated and signed contract. Please contact me with any questions or comments. Sincerely, 0 — Paul S. Ramm Surety Manager 17305 W. 84 Terr. Lenexa, Ks. 66219 816- 805 -9161 fax 913 -888 -4927 AAAA DIVISION OF MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS A LA' Q. �ry p �* PREVAILING WAGE STANDARDS PROJECT NOTIFICATION - CONTRACTOR INFORMATION The information below is requested pursuant to Sections 290,210 through 290.340 and 290.550 through 290.580, RSMo, During a time of excessive unemployment, only Missouri laborers and laborers from non - restrictive states shall be employed on public works projects. See 290.550 through 290.580, RSMo. 1. Date of Notiffcati n 2. Annual Wage Order Number Included in Bid Speeifcations 19 3. Popular or Descri ptiv&Name of Project Lower Line Creek Trail Connector Project (Ptv 7 - 0 9 4. Estimated Project Cost of Completion (total construction contracts to be aivarded) 396,742.19 5. Exact Location of Project County City To_wnshin Platte Riverside NIA 6. Official Name of Public Body or Agency City of Riverside 7. Name of Contact Person 8, Phone Number (include area code) Travis Hoover 816- 372 -9004 9. Address 2950 NW Vivion Rd., Riverside, MO 64150 10.'E-mail Address Website thoever @riversidemo.com 11. Anticipated Date for Soliciting or Advertising for Bids 12. Contract Award Date 12/10/2012 02/05/2013 13. Estimated Start Date of Work 14. Estimated Date of Project Completion 15. Will There Be Any Federal Funds Used in this Contract? 04/01/2013 07/29/2013 ❑ Yes No 16, Contractor Information Notification General Contractor: Name Crookham Construction Address 325 E. Hwy 24 -40 City Tonganoxie State KS ZIP 66086 Phone Number 913 - 369 -3341 E -mail Address kat crookhamconstruction.com Type of Craftsmen Needed by Project Laborer, Forman, Finisher Scope of Work Install l0' wide concrete trail List all Subcontractors: Name B laser Excavating Address 25341 183rd St. City Leavenworth State KS ZIP 66048 Phone Number 913 -683 -4072 E -mail Address s_blaser@att.net Type of Craftsmen Needed by Project Operator Scope of Work Excavation and rip rap Name Schlagel & Associates, P.A. Address 14920 West 107th St. City Lenexa State KS ZIP 66215 Phone Number 913- 492 -5158 E -mail Address mr @schlagelassociates.com Type of Craftsmen Needed by Project Scope of Work Construction Staking The state of Missouri requires workers on public works projects be paid the prevailing wage. Public bodies have duties as required under this law (Section 290.210 - 290.340, RSMo). Mail, Fax or E -mail completed form to: DIVISION OF LABOR STANDARDS Attn: Prevailing Wage Section P.O. Box 449 Jefferson City, MO 65102 -0449 Phone: 573 - 751 -3403 Fax: 573 -751 -3721 E -mail: prevailingwagc @labor.mo.gov Website: www.labor.mo.gov/DLS MV-2 (08-11) AI MISSOURI DEPARTMENT OF REVENUE FORM (REV. � q - 2008) TO BE GIVEN TO ... , .....D1d1BI�N • 5060 - PROJECT EXEMPTION CERTIFICATE YOUR CONTRACTOR NAME OF EXEMPT ENTITY ISSUING THE CERTIFICATE MISSOURI TAX EXEMP 13N NUMBER CM OF RIVERSIDE 1 2 4 9 3 1 2 1 ADDRESS CITY STATE I ZIP 2950 NW VIVION ROAD RIVERSIDE MO 6 4 1 5 0 BEGIN DATE FOR PROJECT PROJECTED COMPLETION DATE PROJECT NUMBER a—! / L 1 /L 0 -L.1 0 7/2 9 12 0 1 3 207 -004 DESCRIPTION OF PROJECT Lower line Creek Trail Construction PROJECT LOCATION- _ >',:•'. EXPIRATION DATE Cfiffvlew,Dr: to �4rgosC sing .Parkway Q 7 1 2 9/ 2 0 1 3 Ti I§,EXEK PTI4 -1 DO3= S'NOT'A TO THE PURCHASE OR RENTAL OF MACHINERY, EQUIPMENT, OR TOOLS BY THE o CONTRACTOI4t OR sus- 'bb -mrR CTOR. Oine�asiglied copy 90 er•6cte, along with a copy of your Missouri SateslUse Tax Exemption Letter to eac�c�n ctor n d o>s sub ontac or vthd in�ill.lie;purehasing tangipl prsonal praperfy far use In this projectIt is your rospy to nsurq t a i�c7 ty,of.tfje;ce> #Ifioate. You must issue a new certificate if any of the information chances_ DATE J Q 311 9/2 0 1 3 The Ml our! x6mhtleritiiy above h reby auth izes the purchase, without sales tax, of tangible personal property to be incor- porated or consumed in the construction project identified herein and no other, pursuant to Section 144.062, RSMo. I also declare under penalties_of perjury that I employ no Illegal or unauthorized aliens as defined under federal law and that I am not eligible for any tax exemptlon, credit or abatement if I employ such aliens, NAME OF PURCHASING CONTRACTOR Crookham Construction, LLC ADDRESS 7Tonganoxie STATE ZIP 325 E. Hwy 24 -40 (PO B OX 339) KS 6 6 0 8 6 C ot I I or resent +fhjs o. o u r S pl er ' or a to pursrf�a� 11GQIyIf1ANU th feri t, � OTf.QM1P013)'[D� IF EXTEt1D1[VC;�CERTI IC E T© YQ. SU GO i1T o� NAME OF PURCHASING 8UBCONTRACTOR ADDRESS CITY STATE i ZIP SIGNATURE OF CONTRACTOR DATE Mo ssasoa2 t• + 2ooa) This publication Is available upon request In alternative accessible format(s). ** of Aegiouri EXEMPTION FROM I=IISsou0I SALES AND USE TAX 014 PURCHASES issued Ito: s • I}Iissouri, Tax III CXTY OF RIVERSIDE Number : 12495121 2950 NWIVIVIUN CAD Effective Datet RIVERSIDE Ift7 641330 -1502 07/11/0d Your application for .sales /Ease - tax exempt status Itas been aoproF3e€I Per suant to sa.ctItin 144. rlao, I, R81-lo, This lat'cat- is issueij as documentation of vour exempt st atus. Purchases by your Agency are not subJact to sales or use tm; if Within the conduct of Your Agency's exetnpt ? Unc ti ons and activities. When Pu hzisi.ng 144th this exemption, furnish Z11 sellers or Vah dsrs a cony of this let-ter. This exe; =jption May not be used by Andividuals mal(ingi personal. nurchasas A contractor way Purchase and pay for cOnstructior, Materials exa4jpt f sale's tax Eshen full i.7.ling a contract wi h your Ag�incy only if your Agency issues a ps`aiect examptlan certificate and tha contractor Makes purchases in compliance t4lth the pro Of section 144,062, RM. Sales by your Agency are subject €o all applicable scats Arid local sales taxes, IY you angage in the businsss of selling tangible parsonal property or taxable services at retail, ±�ctt r�tust obtain a flissaurl Retail. Sales Tnx License and cellecw and remit sales tax. This is a continulniq exomption subject t legislative chant es and reviert by the Director of Rovenue, If Your Agency Ceases r{, �3l1r]13 S ai? £ i;lY �f} '6 F3 31si` GxSuption 4 Cease to be valid.. This.sxer:rPtinn is not assignable dr fi ansfera6.le. It is air OXeinotinn - r[)M - sales a,1d ruse tag s only and is nr, an examptiun Prow real, or persOnal nrawirty t Anv alteration to this examp;:.ion let - ter renders 1 invalid. If your have any questions regarding the use of this letter ", Ole, contact the biviszon of Taxation and Coll.ectiaan, p.U, Sax 5308, sa Jefferson CxtV, M0 66105-3300, phOne 575 - 751-2336, rG,arSe, C �a CROOK -2 OP ID; GIS �,,✓ CERTIFICATE OF LIABILITY INSURANCE F DATEIIAMIDDNYYY) 03/9 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 111. 1 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(les) 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 endorsemenf1x1 PR Pltone: 913.631 -1777 cr Ga le Brunner SRA Insurance Agency, LLG L=ax: 913- 831.4730 PHONE 913 - 236 -3048 5209 Johnson drive, Suite 500 o Ext : a�ic wo ; 91 Mission, 88206 Ao 1 �ss: a b aratns.cam Burnlch F Inc. INSURS in surance Companv 191 INSURED Crookharn Construction, LLC INSUReRS:Natlonwide Mutual an Ins Com 237 P O Box 339 Tonganoxie, KS 66486 INSURERC _ COVERAGES CERTIPICATE NUMBER: REVISION NUMBER: THIS IS TO CERTJFY 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN THE TERMS, INSR - REDUCED BY PAID CLAIM& R TYPE OF INSURANCE °D POLECY NUMBER IPOLI POLIO P LIC EXp LIMITS GENERAL LIABI LITY EACH OCCURRENCE $ ED A X COFANIERCIAL GENERAL LIABILITY CPMCT07214385626 04/16/12 04116/13 pREM,I$ES 1,000,00 Ea occur $ CLAIMS-MADE 300,00 h1 ED EXP (Any ano person) $ - 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE S GENT AGGREGATE LIMITAPPL15S PER: 2,000,00 POL[CY X PRO• PRODUCTS - COMPIOPAG0 $ 2 ,000,000 LOG 3 AUTONIOSILE LIABILITY COMBINED SINGLE LVAIT Ea accident E3 X ANY AUTO CPBA7214385626 04/16/12 04/16113 80DILY INJURY (Per perscn) $ 9,000,0 ALL OWNED SCHEDULED AUTOS AUTOS _ BODILY INJVRY(Psr accident) $ X tifREDAUTOS NON -OWNED AUTOS $ Parecddent J( UUMBRELLA LIAR }( I OCCUR $ EACH OCCURRENCE g A EXCESS LIAR M Al: _MADE ACPCAA7214386626 04116/42 04/16113 4,000,000 AGGREGATE X J 4,000,00 DED RETENTIONS 0 WORXERS COMPENSATION $ AND EMPLOYERS' LIABILITY YI N X U- OTH. ANY OFFICER1RtrM5 RfEX LUDEO? cuTNe NIA CPWC7214385626 04!18142 04/46/43 E, L. EACH ACCIDENT $ 1,000,00 (Mandatory In NN) If yes, daecn77e under E-L. DISEASE - FA EMPL OYEE $ 1,000,00 DESCRJPTiON OF OPERATIONS balow i= .L.DISEASE- POL[CYlfr.41T $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS t VEHICLES (Attach ACORO 101, Additlonat ReM9rks Schedule, If mare apaCe is required} The City of Riverside, its emp.layees, officers and agents, any architects, engineers or other deai,gn prafessionals are Additional Insureds except Workers Compensation. Coverage is primary and non - contributory. Waiver of Subrogation applies as allowed by law. 30 day notice of cancallation applies on all policies for City of Riverside MO CERTIFICATE HOLDER CANCELLATION RiVl =RS1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Riveralde ACCORDA YV H THE POLICY PROVISIONS. 2980 NW Vivion Road Riverside, MO 64150 AUTHORLZEq REPRetm Aml ©1988 -2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CROOK -2 OP ID: GB — ° °d CERTIFICATE OF LIABILITY INSURANCE °A �` 08113 03!08!9 3 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 REPRESEN 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 endorsement(s). PRODUCER Phone =` 913 831 - 1777 CONTACT SRA Insurance Agency, LLC NAME: Ga Brunner 5201 Johnson Dr1Ve, Suite 500 Fax; 913 - 831 -4730 PHO o Ext .913- 236 -3048 uC No) 913 -831 -4730 Mission, KS 66205 E-MAIL. Burnich F SS: gayle_b @srains.com F Inc. ....................................... .............................. . INSURER(S) AFFORDING COVERAGE NAIC 19 INSURERA:AMCO insurance Company '!9100 INSURED Crookham Construction, ILLC INSURER B: Nationwide Mutual Ins Company 23787 P0 Box 339 Tonganoxie, KS 66086 INSURER C: INSURER D : INSURER E: INSURER F . COVERAGES r..FRTIFIr'.A'TF NIIMRFR- octincrn *r kir "M=M. 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR TYPEOFINSURANCE 5 WVFI POLICYNUMSER fAfMJDDD1YYYY M1WDQ11YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR CPMCT07214385626 04/16/12 04116/13 PREMISES Fa occurrence $ 300,00 MED EXP (Any one person) $ 10,00 PERSONAL& ADV INJURY $ 9 GENERALAGGRE GAT E $ 2,000,00 GEN`LAGGRFGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGO $ 2,000,00 POLICY X J T F1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acdd.r' 9 X BODILY INJURY (Per person) $ B ANY AUTO ACPBA7214386625 04/16/12 04116/13 AUTOS ED AUTOS HIRED AUTOS X NON-OWNED BODILY INJURY (Peraccident) S X PR ddeno D AMAGE S S X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 4,00,00 AGGREGATE $ 4,000,00 A EXCESS LIAS CLAIMS -MADE ACPCAA7214385625 04/16112 04/16/13 DED I X I RETENTION$ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OWCE"EMBEREXCLUDED? F MIA CPWC7214385626 04/16112 04116/13 X WCST OTH- TORY L TS ER E.L. EACH ACCIDENT S 1,000,00 E.L. DISEASE -EA EMPLOYEE S 1,000,00 (Mandatory in NH) if yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1 ,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD iOl, Additional Remaaks Schedule, if more space Is requtred) The City of Riverside, its employees, officers and agents, any architects, engineers or other design professionals are Additional Insureds except Workers Compensation. Coverage is primary and non -- contributory. Waiver of Subrogation applies as allowed by law. 30 day notice of cancallation applies on all policies for City of Riverside DSO "n City of Riverside 2950 NW Vivion Road Riverside, MO 64150 RIVERS1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Xw& &',�� O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Missouri Department of Insurance, Financial Institutions & Professional Registration Active Affiliations List for Licensee Agent Information Licensee Name: SRA INSURANCE AGENCY LLC License Number: 8282728 NPN: 16796280 Report [late: 03108/2013 AGXIVe Lie SI natea Key onsiDle Licensee /ATt l l iatio ns License - License Number Licensee Name License Number NPN Effective Date Business Entity Producer- 8282728 ANDERSON, ERIC 8077819 1032192 12/18/2012 Arttivek Affilia4inn�_ _ _ _ ..... � L icense -License Number Licensee Name License Number License Type Effective Date Business Entity Producer - 8282728 A NDERSON, 8077819 Producer 1211812012 ERIC Business Entity Producer - 8282728 LARSEN, RANDY 258753 Producer 12/1812012 mm https:llsbs-mo, naic.orgI Lion -Weblj splsbsreportslAffLicenseeList. j sp ?licenseNo= 828272 8... 03/08/2013 SBS Web Site I SBS Online Services I NAIC services NIPR Sery €ces I Help Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home:: Business Services:. Business Entity Search Search 19 By Business Name @By Charter Number @By Registered Agent 'OFor New Corporations Verify IDVerify Certification Registration Report QFile Online File Fictitious Name Registration IDFile Online ORenew Online File LLC Registration @File Online Online Orders GRegister for Online Orders 19 0rder Good Standing GOrder Certified Documents Filed Documents Date: 317/2013 (Click above to view filed documents that are available.) Business Name History Name Name Type SRA INSURANCE AGENCY, Legal LLC Limited Liability Company - Foreign - Information Charter Number: FL1266780 Status: Active Entity Creation Date: 10/29/2012 State of Business.: - KS Expiration Date; Perpetual Registered Agent Agent Name: CSC- Lawyers incorporating Service Company Office Address: 221 Bolivar Street Jefferson City MO 65101 Mailing Address: Commissions Corporations UGC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 ` https: / /www.sos.mo,gov /BusinessEntity /soskb /Coip.asp ?3410663 03/07/2013 State of Missouri ` Robin Carnahan, Secretary of State k Corporations Uivislon Po Box 778 f 600 NY. Main St., tarn. 322 t' Jefferson City, MO 65102 Application for Registration of a Foreign Limited Liability Company (Submit with filing fee of $105.00) 1 . The name of the foreign limited liability company is S R A I n s u r a n c e Agency L L C File Number. FL1266780 Date Filed: 10129/2012 Robin Carnahan Secretary of State 2. The name under which the foreign limited liability company will conduct business in Missouri is (must contain "limited company, "limited liability company ", "LC ", "LLC ", "L.C. ", or "L.L.C. ") (must be filled out if different from line (1)): 3. The foreign limited liability company was formed under the laws of Kansas date of 9119112 (month/day /year) (state or jurisdiction) on the 4. The purpose of the foreign limited liability company or the general character of the business it proposes to transact in this state is: Insurance Services 5. The name and address of the limited liability company's registered agent in Missouri is (this line must be completed and include a street address): CSC - Lawyers Incorporating Service Company, 221 Bolivar Street, Jefferson City, MO 65101 Name Address (PO Box may on be used in conjunction with a physical street address) City /Stareop The Secretary of State is appointed agent for service of process if the foreign limited liability company fails to maintain a registered agent. kle: failure to nraintain a registered agent cwsslitutes grounds to cancel the registration ofthe foreign limited liability company. 6. The address of the registered office in the jurisdiction organized. If none required, then the principal office address of the foreign limited liability company is: 5201 Johnson Dr. Mission, KS 66205 Address (PD Box may an1je be used in conjunction with a physical street address) CirylStatet7ip 7. This application must include a current certificate of good standinglexistence from the secretary of state or other similar official in the state of domicile. Such document should be dated within 60 calendar days from filing. (Please see next page) Name and address to return filed document: Name: SRA Insuranze Ag ency, LLC ATTN Mar Address: 200 Colonial Center Parkway Suite 150 City, State, and Zip Code: Lake Mary, FL 32746 Ellen Carmack State of Missouri Creation - LLC /LP 3 Page(s) iinuNniniii�iiiiuWi�iwun In Affirmatio ` eof facts stated above are true and correct. (The wade erstands that false statements made in this filing are subject to the Authorized Signatures— hinted NanreName Authorized Signature Printed !Panne Authorized Signature Printed Name provided under Section 575,040, RSMo) Date Date Dare LLC -4 (01/2012) Page I of I STATE OF KANSAS OF' FICE OF SECRETARY OF STATE KRIS W. KOBACH I, KRIS W. KOBACH, Secretary of State of the state of Kansas, do hereby certify, that according to the records of this office. Business Entity ID Number: 6704969 Entity Name: SRA INSURANCE AGENCY, LLC Entity Type: DOM: LTD LIABILITY COMPANY State of Organization: KS Resident Agent: CORPORATION SERVICE COMPANY Registered Office: 2900 SW Wanamaker Drive Suite 204, TOPEKA, KS 66614 was filed in this office on September 19, 2012, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices 'of this entity. In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of October 10, 2012 KRIS W. KOBACH SECRETARY OF STATE Certificate ID: 557964 - To verify the validity of this certificate please visit https: / / wwoy.kaiisas. .gov /bess /flow /validate and enter the certificate ID number. https :l /www.kansas,gov /bess /flow /main ?execution =e2s 1 10/10/2012 State of Missouri Robin Carnahan Secretary of State CERTIFICATE OF REGISTRATION FOREIGN LIMITED LIABILITY COMPANY WHEREAS, SRA INSURANCEAGENCY, LLC FL1266780 Using ill Missouri the name SRA INSURANCE AGENCY, LLC and existing under the laws of the State of Kansas has filed with this state its Application for Registration and whereas this Application for Registration conforms to the Missouri Limited Company Act. NOW, THEREFORE, I, ROBIN CARNAHAN, Secretary of State of the State of Missouri, by virtue of authority vested in me by law, do hereby certify and declare that on the 29th day of October, 2012, the above Foreign Limited Liability Company is duly authorized to transact business in the State of Missouri and is entitled to any rights granted Limited Liability Companies. IN TESTIMONY WHEREOF, I hereunto set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, this 29th day of October, 2012. Secretary of State Page 1 of 2 Ka ".. as.gov I State Phone Director T Online Home Contact FAOs Services A r ft Simple Steps for Success Thinking Starting Maintaining Closing Business Entity Search Date: 03/08/2013 Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. Business Summary Current Entity Name SRA INSURAN AGE NCY, LLC File Name Cha Online I Business Entity ID Number 6704969 View History and Docu I Previous Names: SRA, LLC Current Mailing Address Mary Ellen Carmack - 200 Colonial Center Parkway Suite 150, LAKE MARY, FL 32725 Update,] Business Entity Type: KANSAS LTD LIABILITY COMPANY Date of Formation in Kansas 09/19/2012 State of Organization: KS Current Status ACTIVE AND IN GOOD STANDING r I Certificate of Good Standing.., Resident Agent and Registered Office Resident AlZent: CORPORATION SERVICE COMPANY https : / /www.kansas.gov /bess/ flow / main, jsessionid= A975576E8DC2AA8996B3052728E. •. 03/08/2013 Page 2 of 2 Registered Office: 2900 SW Wanamaker Drive Suite 204, TOPEKA, KS 66614 Update. Residen.t.Ag Annual Reports The following annual report information is valid for active and delinquent status entities only. Tax Closing Month 12 The Last Annual Report on File: 0010000 Next Annual Report Due: 04/15/2014 f , File. Online~ Forfeiture Date 07/15/2014 Close Your Business. Be advised the business information on this page is for summary inforinational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to erasure the correct debtor name. • 0 2013 Kansas.gov • Portal Policies • Help Center • Contact Us • About Us • Site Map https: / /www.kansas.gov /bess /flow /main -,j sessionid= A975576E8DC2AA8996B3 052728E... 03/08/2013 C L KANSAS SECRETARY OF STATE Limited Liability Company Certificate of Amendment CONTACT. Kansas Office of the Secretary of State Memorial Hall, 1st Floor (785) 296 -4564 120 SW 101st Avenue kssosCRsos,ks.gov Topeka, KS 66612 -1594 www.sos.ks.gov 1662 91 F I LED BY KS SOS 053 015 1e--10 - 3012 :35.00 1 01 :31:SG PM I^ ILE# : 07049S9 �MIIIflIU11�IIMNV��llq�lllll�l 0 INSTRUCTIONS All information must be completed or this document will not be accepJedfor filing. PIease read instructions Wore completing. 1, Business entity ID number: This is not the FederalEmployer ID Number (FEIN) 2, Name of the limited liability company: Name must match the name on r•ecor•d tvith the Secretary ofstate G__�a 4q (09 5?i 19 L LB. �a r:.� ,,as e b I The limited liability company amends its articles of organiza � �,1:, follows: the Pin 10 6 a g, .:: f F t ,v �v 5e . F' fir,. 3% 1VYiY-•_ �. w'.. �:- >.'......r.........- :..,t,.� 'S;. -C::.x �.'t_ T �:, .� 4. Future effective date: A future effective date must he within go days offiling date 5. I declare under that I have remitte effective date perjury un der # fired fee. Signature of authorized person _N qN L 1e' n 0armacx Name ofsigner (printed or typed) ASTAk VJ Instructions: 1. Submit this form with the $85 filing fee. r th Da s year ,� -- of the stag f Kansas that the foregoing is true and correct and i A r Date (month, day, year) i STAY UP- 70•DATE ON YOUR ORGANIZATION -S STATUS, ANNUAL REPORT DUE DATE AND CONTACT ADDRESSES BY GOING TO WWW.SOS- Ks,GOv. UNDER QUICK LINKS, SELECT SEARCH BUSINESS ENTITY INFORMATION. NOTICE: There is a $25 service fee for all eltecks returned by your ftnancial institution. All information must be completed or this document will not be accepted for filing. x.s.a. xev.,2Ea7J,ogdr Page i of f x.S_A.,•, Limned Liability Company Articles of Organization The name of the Limited Liability Company: SRA, LLC File date: 09/19/2012 File time: 15.52:33 Business Entity ID Number. 6704959 Registered Office in Kansas: _ 3 2900 SW Wanamaker Drive ' r • Suite 204 • Topeka, Kansas 66614 �0K 6 Name of the resident agent at thejr�g stered office �3 • CORPORATION SERVICE COMPANY Mailing address for official mailA�r s • Mary Ellen Carmack • 200 Colonial Center a hi • Suite 150 • Lake Mary, FL • 32725 USAy' ��p s� 4. l�x c� Name o�organizer MaryEPenl\ Carmack 3 ' A I /We declare under penalty of perjury under the laws of the state of Kansas that the foregoing is true and correct. Execution date: 09/19/2012 The signature(s) of the organizer(s); MaU Ellen Carmack Mary Ellen Carmack I, Kris W. Kobach, Secretary of State of Kansas, do h certify that this f is the true and correct copy of the original document filed electronically on 09/19/2012. { ..r Kris W. Kabach Kansas Secretary of State Memorial Hall, 1st floor - 120 SW 10th Ave. - Topeka, l�ansas 6661;1594 phone: (785) 296 -4564 - email: kssos @kssos or url: www ksss�org, IJ F �, CROOK -2 OP ID: GB C ERTIFICATE OF LIABILITY INSU BATEim"Il mo 02/01/13 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 endorsement(s). 11 PRODUCER SLC�'� -W-4 f g4c!- C' Phone: 913- 831 -1777 CONTACT Schifman, Remley =,, #nc ( PHaN Gayle Br unner FAx 5201 Johnson Drive, Suite 600 Fax: 913 - 831 - 4730 Afc No Ezt : 913 236 - 3048 (AIC, Nod; 913 831 - 4730 Mission, KS 66206 E -MAIL Burnich Financial, Inc. ADDRESS: r' INSURER(S) AFF ORDING COVERAGE _ NAIC # > s INSU RERA:AMCO Insu Company 19100 INSURED Croolcham Construe iOn L 7 P O Box 339 INSURER B: Nationw Mutual Ins Co 23787 Tonganoxie, KS 66086 INSURER C: INSURER D : __..._.. F R E R F COVERAGES CFRTIFICATF NI IMRPR- tut "0I!=n. 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, EX CLUSIONS AND CON DITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE B EEN REDUCED BY PAID CLAIMS. _ LTR TYPE OF INSURANCE DD UBR _..__._ POLICY NUMBER MMIDDIYYY MMIpd�Y _ LIMITS _ GENERAL LIABILITY EACH OCCURRENCE $ 1,000, A X COMMERCIAL GENERAL LIABILITY _._.. CLAIMS -MADE X OCCUR ACPMCT07214385625 04/16/12 04116113 Dec RE ED PREMISES Ea occurrence) MED FXP (Any one person) $ 30 00 _ _ $ 10,00 PERSONAL & ADV INJURY _ $ 1,000,00 GENE AGGREGATE $ 2,000,00 PRODUCTS- COMPfOPAGG _..._ $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER: PRO- POLIGY X LOG _...� -- $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT LEa acrddent $ 1,000,00 S B ANY AUTO ACPBA7214385625 04/16/12 04/16113 BODILY INJURY (Per person) J X ALL OWNED SCHEDULED AUTOS AUTOS HI REDAUTOS X NON -OWNED AUTOS -- S Per accident BODILY INJURY ( 1 PROPERTY DAMAGE Per aecidenl $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,00 A EXCESS LIAR � CLATMS -MADE ACPCAA7214385626 04/16112 04/16/13 AGGREGATE $ 4,000,00 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPWETORlPARTNERIEXECUTIVF rvi OFFICER %IFNIBFR FXCWDED? (Mandatory in NH) if yes, describe under DESCRIPTION OF OPERATIONS bebw NIA ACPWC7214385626 04/16/12 04/16/13 WC STATU- OTH- X TORY LIMITS ER $ 1,000,00 E.L EACH ACCIDENT E.L DISEASE -EA EMPLOYE $ 1 ,000,000 -_..........-- - S 1 f 000,00 0 _...._ —. E.L. DISEASE -POLICY LIMIT E, DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Missouri Highway & Transportation Commission, its officers and employees are z�d:Ltional insured with respects to general liability and auto /1 j liability, Co g s primary and non contributory. Waiver of subrogation r applies as allow by state law Y %.cr% r rrIL IFN r r_ r1V1 LJr_M t.;AIV4tLL.A I IL)N %/ b M MODOT -1 Missouri Department of Transportation 5617 Red Eagle Drive Jefferson City, MO 65109 SHOULL ANY OF THE'ABOVE DESCRIBED PO CIES BE CA CELLED FORE THE EX kRATION DATk THERE E,, NOTIC WILL BE DELIVERE IN ACCORDANq WITH THE PqLILYPROVISIONS. .- AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD Page i of 1 Missouri Secretary of State, Jason Kander SOS Home:: Business Services:: Business Entity Search Search ®By Business Name GBy Charter Number QBy Registered Agent OFor New Corporations Verify GVerify Certification Registration Report GFile Online File Fictitious Name Registration IDFile Online 'ORenew Online File LLC Registration OFile Online Online Orders GRegister for Online Orders ( DOrder Good Standing 0 0rder Certified Documents Filed Documents Date: 3/6/2013 (Click above to view filed documents that are available.) Business Name History Name Dame Type SCHIFMAN /REMLEY AND Legal ASSOCIATES, INC. MCINNES, SCHIFMAN & Prev Legal REMLEY, INCORPORATED General Business - Foreign - Information Charter Number: F00263319 Status: Term /Cancel Entity Creation Date: 4/16/1984 Dissolve Date: 12/3112012 State of Business.: KS Expiration Date: Perpetual Last Registration Report 8/22/2012 Filed Date: Last Registration Report 2013 Filed: Registration Report Month: January Registered Agent Agent Name: Office Address: Mailing Address: Secretary of State 600 West Main Jefferson City MO 65102 Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 r Main Office: (573) 751 -4936 https:// www. sos. mo. gov /BusinessEntity /soskb /Corp,asp ?494689 03/06/2013 Office of the Kansas Secretary of State Business Entity Amendment to Dissolve Electronic File Stamp Information: Filed *Date: 12/1812012 • Time: 19:30 w 1. Business Entity Name: SCHIFMAN/REMLEYTD ASSOCIATES NC. 2. Business Entity LD. Number: 0841577 3. Original Date of Formation: 12/22/1983 V < 4. State of Formation: KS 5. Officer Information: Gary A. Remley � es dent 3517 W 6 tAtreet, Shawnee Mission, KS 66208 This officer is also a director, Y 's William M. Schifman, SecivrgiN 2108 W. 70th Stet; Shawnee Miss oPKS 66208 <1 This officer is also a do nr:No f 6. Director Informatiol,,(d rectors may also ;be specified in th$ ffic r section): 7. Statement: Dissq �q j`of the corporIvoll, as authorized 'U sc ant to K.S.A. 17-6804 ' 4 "I declare undgr p'ena ty of perjury pE{ aant to the laws A flit ° state of Kansas that the foregoing�18At , and correct.' g , f .r , Exectdc �n the 18 of Decetber 2012. 1 Will�an M. Schlfmat, [if Authorized Officer-,,,a, "N s� �4. I, Kris W. Kobach, Secretary of State of Kansas, do hereby certify that this is the true and correct copy of the original document filed electronically on 18 of December, 2012, Kris W. Kobach To validate the authenticity of this electronically certified document please visit, littps://www.kansas.gov/dissolutions/validation.do. Enter the following authentication code: 13109 ° r � > t 'r wk J 4 4` F' Page 1 of 2 Kansas.gov I State Phone Directory Online Home I Contac I FAps Services ansas ess Simple Steps for Success Thinking Starting Maintaining ( Closing Business Entity Search Date: 03/06/2013 Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. Business Summary Current Entity Name Business Entity ID Number SCHIFMAN/REMLEY AND ASSOCIATES, 0841577 INC. j View History and Docu ments.. I 1. File Name Cha Online. Previous Names: MCINNES, SCHIFMAN & REMLEY, INCORPORATED Current Mailing Address: GARY REMLEY /BILL SCHIFMAN - 5201 JOHNSON DR STE 500, MISSION, KS 66205 Update,[ Business Entity Type: KANSAS FOR PROFIT CORPORATION Date of Formation in Kansas 12/22/1983 State of Organization KS Current Status DISSOLVED Certificate of Good Standing Resident Agent and Registered Office https:// www. kansas. gov/ bess/ flowlmaiii 75E94F6D2A614D4C222F4OD78107... 03/06/2013 Page 2 of 2 Resident Agent: SCHIFMAN /REMLEY AND ASSOCIATES, INC. Registered Office: 5201 Johnson Drive Suite 500, MISSION, KS 66205 j :Qpdat.e Annual Reports The following annual report information is valid for active and delinquent status entities only. Tax Closing Month 12 The Last Annual Report on File 12/2011 Next Annual Report Due: 00/00 /0000 F F.iie.Oniine.: Forfeiture Date 00/00/0000 Close Your Business. Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. • O 2013 Kansas.gov • Portal Policies • Help Center • Contact Us • About Us • Site Map https : / /www.kansas.govibesslflowl main; jsessionid= 75E94F6D2A614D4C222F4OD78107.., 03/06/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home:: Business Services:: Business Entity Search Search OBY Business Name GBy Charter Number @By Registered Agent IDFor New Corporations Verify GVerify Certification Registration Report GFile Online File Fictitious Name Registration °File Online GRenew Online File LLC Registration GFile Online Online Orders IsRegister for Online Orders 0 0rder Good Standing GOrder Certified Documents Filed Documents Date: 3/6/2013 (Click above to view filed documents that are available.) File Report Online, click here. For a blank Registration Report, click here. Business Name History Name Name Type BURNICH FINANCIAL, INC. Legal General Business - Domestic - Information Charter Number: 00644506 Status: Good Standing Entity Creation Date: 3/4/2005 State of Business.: MO Expiration Date: Perpetual Last Registration Report 4/2812011 Filed Date: Last Registration Report 2012 Filed: Registration Report Month: March Registered Agent Agent Name: Office Address: Mailing Address: Burnich, Benaiah J 5241 NW Gower Ct Kansas City MO 64151 Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4953 Phone: (573) 751 -4628 Toll Free: (866) 223 -6536 Tall Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https:// www. sos. mo. gov/ BusinessEntity /soskb /Corp.asp?1678231 03/06/2013 Page 1 of 2 Missouri Department of Insurance, Financial Institutions & Professional Registration Active Affiliations List for Licensee Agent Information Licensee Name: SCHIFMAN REMLEY AND ASSOCIATES INC License Number: 7226 N P N: 124423 Report Date: 03/06/2013 License- License Number Licensee Name License Number NPN Effective Date Business Entit Producer 7226 REMLEY, GARY A 178775 226784 03/15/2012 �q - - -------- -- License- License Number Licensee Name License ~ Number License Type yp Effective Date Business Entity Producer -7226 A NDERSON, 334388 Producer 08/19/2004 Business Entity Producer -7226 A TLAS, RICHARD 286458 Producer 11/01/1995 Business Entity Producer -7226 BRAKE, EUGENE 254901 Producer 05/2112007 Business Entity Producer -7226 BROOKOVER, J ENNIFER 235171 Producer 04105/1988 Business Entity Producer -7226 BRUNNER, GAYLE 230623 Producer 02/24/2003 Business Enti Producer -7226 CLARK LINDA 163949 Producer 02/03/2005 Business Entity Producer -7226 CO RRTNEY, 288582 Producer 11/15/2001 Business Entity Producer -7226 DAVILA, CASEY 233697 Producer 07101/1993 Business Entity Producer -7226 EISEN, STUART 282684 Producer 0410511988 Business Entity Producer -7226 FAKEYE, CELESTINE - 126541 Producer 03/2012001 Business Entity Producer -7226 FALKE, ROBERT 179655 Producer 03/15/2010 Business Entity Producer -7226 FATE, MICHAEL 285060 Producer 03/01/1990 Business Entity Producer -7226 GOLDENBERG, J EFFREY' 8071763 Producer 05110/2011 Business Entity Producer -7226 REENE, TACY 236797 Producer 08/01/2002 Business Entity Producer -7226 J ACKSON, LINDA 223769 Producer 07/0112005 Business Entity Producer -7226 J OHNSON, HEIDI 8224927 Producer 09/2512012 Business Entit y Producer -7226 JKAUSH, KEVIN 166887 Producer 10610612001 KIELMAN, https:llsbs- mo.naic.orgI Lion - Web/ jsplsbsrepoitslAffLiceiiseeList, j sp?licenseNo= 7226 &a... 03/06/2013 -- - SBS Web Site i SBS Online Services I NAIL Services i NIPIR Services i Help Page 2 of 2 Business Entity Producer -7226 DEBRA 126539 Producer 03/20/2001 Business Entity Producer -7226 KUECHLER, CLINT 381807 Producer 1110112006 Business Entity Producer -7226 LANGE' STEVEN 288789 Producer 0810112001 Business Entity Producer -7226 LARSEN, RANDY 258753 Producer 06/1511998 Business Entity Producer -7226 MARTIN, PAULA 309421 Producer 0710112011 Business Entity Producer 7226 MCRRA CAR 411818 Producer 07/01/2012 Business Entity Producer -7226 JACK 287193 287193 Producer 04/05/1988 Business Entity Producer -7226 MAARBYEY, 288153 Producer 03/01/2001 Business Entity Producer -7226 MURRAY, DANIEL 258975 producer 0612311998 Business Entity Producer -7226 NEWBORN' EDDIE 126591 Produce r 03/20/2001 Business Entity Producer -7226 PENCE, S TEPHANIE 8044765 Producer 03105/2010 Business Entity Producer -7226 PEREIRA' EUGENE 133201 Producer 12!0211991 Business Entity Producer -7226 POLLOCK, T HOMAS 8051488 Producer 07114I2010 Business Entity Producer -7226 REMLEY,GARY 178775 Producer 04/05/1988 RESSEL Business Entity Producer -7226 KAISER, 189499 Producer 02/02/2006 SHERRI Business Entity Producer -7226 RODRIGUEZ, MICHAEL 397232 Producer 0711012007 Business Entity Producer -7226 RUBY, MARY 232989 Producer 04116/2012 Business Entity Producer -7226 SCHIFMAN' WILLIAM 283068 Producer 04/05/1988 Business Entity Producer -7226 SCHMALZ, RICKIE 259985 Producer 08113/1998 Business Entity Producer -7226 SPARKE, ANICE 231813 Producer 08/0112001 Business Entity Producer -7226 STEPHENS, KAREN 289332 Producer 0410811991 Business Entity Producer -7226 STEVENS, CAROL 222771 Producer 09/18/2001 Business Entity Producer -7226 TOFER, DAVID 231879 Producer 0411212011 Business Entity roducer -7226 y SUTHER, MATTHEW 334826 Producer 01/1212009 Business Entity Producer -7226 ALTY, BARBARA 232535 Producer 04/05/1988 Business Entity Producer -7226 ORK, KRISTINA 242631 Producer 07/15/2011 https:llsbs- mo.naic.orgILion- Web /jsplsbsrepotislAffLicenseeList jsp ?licenseNo= 7226 &a... 03/06/2013 Beutrs Credit Rating Center - Company Information for Nationwide Mutual Insurance Co... Page I of 2 Iow jig For ratings and product access Login I Siarftf0 Nationwide Mutual I nsurance Company R� nt Ohl � ;?f &M' Boat 9: 002388 NAIC is 23787 FEIN 8: 314177100 Address: One Natioravlde Plaza - -- Columbus, OH 43215 -2220 Assigned to Fwnckrititraryn, eal:yi I w United Stales mpanles tBEST d Web: LA thathave,tn' pf upmdor :614 gonvride.com our opinion, Phone: 614- 249 -1545 a superior ability to meet their ongoing insurance obligations. Based on A.M. Best's analysis, 002358 - Nationwlda Mutual Insurance Company Is the AM13 Ultimate Parent and identifies the topmost entity ofthe corporate structure. View a list of op Eratin� Insurance entiti In this structure. Bests Cred Rating -- - -- - - -- View all of the companies assigned this rating as apart of an A hiB Ratin Unif. -_ -- Rating: A+ (Superior) Financial Size Category; XV ($2 Billion or greater) Outlook: Negative Action: Affirmed Effective Date: Mardi 27, 2012 u Denotes Under Review Be st's Ra tinq 13es4s Credit Rating Analyst Office: A.M. Best Company OldvAck NJ Senior Financial Analyst Raymond Thomson, ARe, E ARM Managing Senior Financial Analyst: Gregory T. Williams .............. Issuer Credit Rating V iew De finition tong Term: as- Outlook; Negative Action: Affirmed Date: March 27, 2012 _ ........ ...__... Secudty Ratings - -- ° - -__- batelssued Amount Coupon Security Type Rating Under ReVowlimplication 00110!2009 700,000,000 USD 8.375% Surplus Notes a No 1 210 212 0 0a 400,000,000 USD Float Surplus Notes a No 03131!2004 400,00D 000 USD 6.6% Surplus Notes a No 03121112 300,000,000 USD 7.875% Surplus Notes a No 11/2712001 400,000,006 USD 8,25% Surplus Notes a No (i Denotes htdicative Rating _. .... __... RElated Financial and Analytical Data - — - The following links p- _ rovide access to related data records that AM. Best utilizes to - provide financlat and analytical data an a consolidated or branch bests. 043915 Harlevsv #le Insu Coml arlies Represents the AM. Best Consolidated financials for the Property/ Casualty business of this legal entity. 019627 H21I1Ysvfl1e Insu Comoanie Represents the 'as filed` Company Consolidated financials for the PropErtyl Casualty business of this legal entity, 018595 Na #onvride Group Represents the "as filed' Company Consolidated financials for the Property! Casualty business of thfs legal entity. 005987 Nat ionwide Groff Represents the A.M. Best Consolidated financials for the Property! Casualty business of this legal entity. 087071 Nationw de Mutual Insurance Ca Represents financials for the Canada Branch of this legal entity. CAE 070822 Nationwide Mnf ual Life Gr oinRepresents the A.M. Best Consolidated financials for the Life, Annuity, and Accident business of this legal entity. Reports and News - - -- - -_ . -__ - -. Visit Bests News and Analysis site for the latest neys and _releases for this company and its AM. Best Group. T ^ AM Credit Report - Lnsu rance Profess! ona] - Includes Best's Financial Strength Rating and rationale along Wth comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 6/29/2012 (represents the latest slgnificant change). y Historical Reports are available In AIViO Credit R etiort - insuran Pi'ofe ssioiiel Archive., �ti.Yl P Best's Executive Summary Reports (Financial Overview)- available in three Versions, these P resentation style reportsfeature balance sheet, income ( statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2013 Best's Statement Fie - PIC, US Contains data compiled as of 3/6/2013 As Received, Single Compaq five years offinancial data specifically on this company- • Com orison side -by -side financial analysis of this company with a peer group of up to five other companies you select • C_ omo osita evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer gronp, Best's Ke Ratlit Guide Presentat on Re ort- Includes Best's Financial Strength Rating and financial data as provided In the most current edition of 6 Bests Key Rating Guide products. (quarry cross check". http: / /www3.ambest.coni ratings/ entities /SearchResults.aspx ?URatinilld= 2468823 &b] =Ok - IItil I Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home:: Business Services:: Business Entity Search Search QBy Business Name @By Charter Number QBy Registered Agent QFor New Corporations Verify Verify Certification Registration Report @File Online File Fictitious Name Registration QFile Online GRenew Online File LLC Registration 19 File Online Online Orders aRegister for Online Orders , @Order Good Standing 0 0rder Certified Documents Filed Documents Date: 3/6/2013 (Click above to view fled documents that are available.) Business Name History Name Name Type NATIONWIDE MUTUAL Legal INSURANCE COMPANY g Insurance Company - Foreign - Information Charter Number: 000001163 Status: Good Standing Entity Creation Date: 3/10/1958 State of Business.: OH Last Registration Report 3/27/2012 Filed Date: Last Registration Report 2013 Filed: Registration Report Month: January Registered Agent Agent Name: Office Address: Mailing Address: (Regulated by the MO Division of Insurance) One Nationwide Plaza Columbus OH 43215 -2220 Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 761 -4153 Phone: (573) 7514628 Tall Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Tall Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 ' https:// www. sos .mo.gov/BusinessEntity /soskb /Corp .asp ?706615 03/06/2013 Page 1 of 1 Company Search Look -up NAIC Consumer Information Source fhttps://eapps.naic.org/cis r•i no= COMPANY DEMOGRAPHICS Company Name: NATIONWIDE MUTUAL INSURANCE COMPANY FEIN: 31- 4177100 State of Incorporation: OHIO Incorporation Date: 03/10/1958 Issue Date: 03/10/1958 Company #: 421701 NAIC #: 23787 NAIC Group #: 140 NAIC Group Name: NATIONWIDE CORD GRP Domicile Type : Foreign Company Type: proper and Casualty (Ch 379, RSMo) Status: Active Effective Date: 07/07/1999 Please select by clicking the appropriate link for additional information: Company Address Llne of Business Company Contacts Company Name Corn an Merge Chan a Hlsto History https: / /sbs- mo.naic.orgI Lion -Web /j sp/ sbsreports/ CompanyLookupDetail .jsp ?companyNa... 03/06/2013 Best's Credit Rating Center - Company Information for AMCO Insurance Company ja For ratings and product access Login I S[gn -up 1_G ar Gins ("rat Tt ppp�- "CO Insurance Company A.M. nest 9: 002014 NAIC {:MOO FEIN 0 :4260 Address: 11 Go Locust Street Department 2007 [)as Moines, IA 50391 -2007 United States Web: vN w.alliedinsurance,com Phone: 516-508 -4211 Fax: 515-508-3697 Based on AM. Best's analysis, 002358, Nationwide Mutua lnsu is the AMB Ultimate Parent and Identifies the topmost entity of the corporate structure, View a list of o aaat nq ns urance entities in this structure. Page I of 2 X0 -Go// 12 Pdnt this pane �7} Assigned to Fe.nrSrlBtrrgiha . tisg3 companles i pE97 I that have, in i A!_'8gpodor our opinion, a superior ability to meet their ongoing Insurance obligations B est's Credit Ratings View all of the con a nies assigned this rating as a part of en AM R aEing Un t. -- - - .- -, B.W. Credlt ltating Analyst F .. Be Financial Strength fiateng Vrevr Fl ...� ..._._ .... ....,_ . Office_ AM. Best Company, Oldwick NJ Rating: A+ (Superior) Senior Financial Analyst: Raymond Thomson, AR., Financial Size Category: XV ($2 Billion or greater) ARAM Outlook: Negative Managing Senior Financial Analyst: Gregory T. Action: Affirmed lhhlliams Effective Date: March 27, 2012 u Denotes Under Review Best's Ra[inq - -- ...... .- ... _. -_ . ..... ......... Issuer Credit Rating Vlew befrnitron ......... ...,___._ — Long -Term: as- Outlook: Negative Action: Affirmed Date: March 27,20f2 Reports a Ne ws Visit Best's News and Analysis site for the latest netiys and press releases for this company and its A.M. Best Group AMR Cred Report - Insurance Profess - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 3/512013 (represents the latest significant change). 1 Historical Reports are available to AM Credit Report insurance Prufesslonal A rchive. 2 Best's ExecuUva Summary Reports (Financial Overview)- available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2013 Best`s Statement Rile- P1C, US Contains data compiled as of 302013 As Recehed- • SI ngle Corn Eany - five years of financial data specifically on this company. • Comp arison slde�by-side financial analysis of this companyw'tth a peer group of up to five other companies you selecL • C onlg osite evaluate this company's financials against a peer group composite, Report displays both the average and total composite of your selected peer R group- �e F f �� ? pest's Key Rafiihq Guide Presentat R eport includes Best's Financial Strength Rating and financial data as provlded in the most current edition of f Sesfs Key Rating Guide products- (Quatsy cross checked). - AM9 Cr Re ooi r£ -_ tusiness Professi - provides Three years of key financial data presented with colorful dtarts and tables, Each report also features the latest Rest's Ratings, Rating Rationale and an excerpt from our Business Review commentary. Data Status: Contains data compiled as of 3/6/2013 As Received - - - -- Financial and Analytical P roduc fs Rest's K qy Rat noGulde_ PIG US & Canada B est's Statement Fife .,,- P(CUS B est's Statemen Fil Global Best's Insur Reperls - PlC. US &Canada Best's State Line - -P/C US B est's Executiv Suminafy Re port _ - Con, tip_adson - €'roperljy iial f3e_SI'S Executiv Sum mary Re_p rt - Gorm�asife - Pr €ty B est's Repuiaton! Ce_nler Best's insuran Exp ense Exhibit IEE - PIG. US Best's Schedule F (Reinsurance) - PIC. US B est's Schedule D_ tRt nl - pa l Bonds? -US Best's Schedule D stock) - US Best's RegulatGN Center Markel Share Re orts Best's Sche _P oss Reserves) - PIG. US Best's Schedule D - I brid - PIC & L/H. US Best's Sched D (Co rporate Bonds) - Us Best's Ins urance Repor OnMe,Pl US & Canada http: / /Nvww3.ambest.com/ ratings/ entities /SearchR.esults.asi)x ?AItSrc =9 3/6/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home Business Services :: Business Entity Search Search GBy Business Name '@By Charter Number QBy Registered Agent OFor New Corporations Verify IDVerify Certification Registration Report GFile Online File Fictitious Name Registration aFile Online GRenew Online File LLC Registration GFile Online Online Orders IORegister for Online Orders 15 0rder Good Standing , @Order Certified Documents Filed Documents Date: 3/6/2013 (Click above to view filed documents that are available.) Business Name History Name Name Type AMCO INSURANCE Legal COMPANY Insurance Company - Foreign - Information Charter Number: 000001971 Status: Good Standing Entity Creation Date: 5/2911980 State of Business.: IA Expiration Date: Perpetual Last Registration Report 3/16/2012 Filed Date: Last Registration Report 2013 Filed: Registration Report Month: January Registered Agent Agent Name: (Regulated by the MO Division of Insurance) Office Address: 1 Nationside Plaza, DSPF -76 Columbus OH 43215 Mailing Address: Commissions Corporations UCC Office Phone: (573) 761 -2783 Phone: (573) 761 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6536 Tall Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 1 / /www.sos.mo.gov /BusinessEntity /soskb /Corp.asp ?707408 03/06/2013 Page I of 1 Company Search Look -up NAIC Consumer Information Source htt s : / /ea s.naic,or /cis r1i nor_ COMPANY DEMOGRAPHICS Company Name: AMCO INSURANCE COMPANY FEIN: 42- 6054959 State of Incorporation: IOWA Incorporation Date: 05/29/1980 Issue Date: 05/29/1980 Company #: 419917 NAIC #: 19100 NAIC Group #: 140 NAIC Group Name: NATIONWIDE CORD GRP Domicile Type: Foreign Company Type: L22mcX and Casualty (Ch 379, RSMo) Status: Active Effective Date: 07/07/1999 Please select by clicking the appropriate link for additional information: INIIIIIIII Company Address Line of Business Company Contacts Company Name Company Merger Change History I H[StOry https://sbs-mo.naic.org/Lion-Web/jsp/sbsrepof ts/CompanyLookupDetail.jsp?companyNa... 03/06/2013 Page 1 of 1 Missouri Secretary of State, Jason Kander SOS Home:, Business Services:. Business Entity Search Search 0 13y Business Name OBy Charter Number @By Registered Agent OFor New Corporations Verify GVerify Certification Registration Report GFile Online File Fictitious Name Registration GFile Online GRenew Online File LLC Registration GFile Online Online Orders °Register for Online Orders 0 0rder Good Standing @Order Certified Documents Filed Documents Date: 3/6/2013 (Click above to view filed documents that are available.) Business Name History Name Name Type CROOKHAM Legal CONSTRUCTION, LLC Limited Liability Company - Foreign - Information Charter Number: FL1130548 Status: Active Entity Creation Date: 3/29/2011 State of Business.: KS Expiration Date: Perpetual Registered Agent Agent Name: S.M. Registered Agent Missouri, Inc. Office Address: 4600 Madison Ave., Suite 1100 Kansas City MO 64112 Mailing Address: Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https;// www. sos. mo. gov /BusinessEntity/soskb /Corp.asp ?3161987 03/06/2013 File Number: FL1130548 Date Filed; 03/2912011 Robin Carnahan Secretary of State Application for Registration of a Foreigtl Limited )Liability Company (Srr3n111 14111 filing fee of S103.00) I. The name of the foreign limited liability company is raonkharo Construction US.' 2. The name under which the foreign limited liability company will conduct business in Missourl is (must contain "limited company, "limited liability company ", "LC ", "LLC ", "L.C. ", or "L.L.C:') (must be filled out if different from line (1)): L'ronkhsm.f:on- , 1111G11on, I I C- 3. 'the foreign liinited liability company was formed under the laws of o the date of (state vrJarisdlctlarrj (+nanfhdaylivar) 4. The purpose of the foreign limited liability company or the general character of the business it proposes to transact in this state is: 5. The name and address of the limited liability company's registered agent in Missouri is (this line must be completed and include a street address): Annie Ad (Po liox Islay n be used is ca++Jmrction wlrlt a physical street add, City1S1oteflaP A 77re Secrelwy ujSrete !s oPpalrNed ageut,(arserrylce ojpmceu If1ha joreigyr Ifnllted lfnb {ffly corr+pmly falls to nrainruin a leg {sretrd agent. Note: juilus� to nran+(ar1+ 4Y { i i+ a r e}�tstered agent corurltures grntrrrdr fa cancel the +�egtrtrdrkw ojthe jarrlglr lintlfed liaLiliN coruporry. G. The address of the registered office in the jurisdiction organized. If none required, then the principal office address of the foreign limited liability company is: KS 133086 Nama Addrrss {PO 1(or Inay be ased trr coujuattlon ulrlr r1 physicu! street address) C1tylst"190P 7. This application must include a current certificate of good standinglexistence from ilia secretary of state or other similar offtciat in (lie state of domicile, Such document should be dated within 110 calendar days from filing. (Please see nett page) Name and address to return filed document: Name: C r09kham C.o• [&jwctio -o_LLC AO ress: Cily, State, and Zip Code: State of Missouri Creation - LLCILP 3 Page(s) T1108102133 State of Missouri Robin Carnahan, Secretary of State s Corporaltens Dkislon VO Box 7781640 IV. Alain St., Rrn. 322 I JeffersonCily,A10651o2 File Number: FL1130548 Date Filed; 03/2912011 Robin Carnahan Secretary of State Application for Registration of a Foreigtl Limited )Liability Company (Srr3n111 14111 filing fee of S103.00) I. The name of the foreign limited liability company is raonkharo Construction US.' 2. The name under which the foreign limited liability company will conduct business in Missourl is (must contain "limited company, "limited liability company ", "LC ", "LLC ", "L.C. ", or "L.L.C:') (must be filled out if different from line (1)): L'ronkhsm.f:on- , 1111G11on, I I C- 3. 'the foreign liinited liability company was formed under the laws of o the date of (state vrJarisdlctlarrj (+nanfhdaylivar) 4. The purpose of the foreign limited liability company or the general character of the business it proposes to transact in this state is: 5. The name and address of the limited liability company's registered agent in Missouri is (this line must be completed and include a street address): Annie Ad (Po liox Islay n be used is ca++Jmrction wlrlt a physical street add, City1S1oteflaP A 77re Secrelwy ujSrete !s oPpalrNed ageut,(arserrylce ojpmceu If1ha joreigyr Ifnllted lfnb {ffly corr+pmly falls to nrainruin a leg {sretrd agent. Note: juilus� to nran+(ar1+ 4Y { i i+ a r e}�tstered agent corurltures grntrrrdr fa cancel the +�egtrtrdrkw ojthe jarrlglr lintlfed liaLiliN coruporry. G. The address of the registered office in the jurisdiction organized. If none required, then the principal office address of the foreign limited liability company is: KS 133086 Nama Addrrss {PO 1(or Inay be ased trr coujuattlon ulrlr r1 physicu! street address) C1tylst"190P 7. This application must include a current certificate of good standinglexistence from ilia secretary of state or other similar offtciat in (lie state of domicile, Such document should be dated within 110 calendar days from filing. (Please see nett page) Name and address to return filed document: Name: C r09kham C.o• [&jwctio -o_LLC AO ress: Cily, State, and Zip Code: State of Missouri Creation - LLCILP 3 Page(s) T1108102133 In Mmintion thereof, the facts stated above are true and correct, (rFh it rsign la cd unde nd hat false statcments it rsi h & gjmade in tEiis filing are subjer `. i AuthortzedSF WA r+tr+re Primed wne I 1 f AathardzedSlg :ralrue 13in1edNan+e Aulhorized Signattua Pji,rted Nwne Page I of I STATE OF KANSAS O1; FI;Ct O1~ SECRETARY OF STATE KRIS W. KOBACH i 1, KRIS W. KOBACH, Secretary of State of the state of Kansas, do hereby certify, that according to the i of this office. Business Entity ID Number: 6215388 Entity Name: CROOKHAM CONSTRUCTION, LLC Entity Type: DOM: LTD LIABILITY COMPANY State of Organization: KS Resident Agent; KATHRYN A. CROOKHAM Registered Office: 14336182nd Street, TONGANOXIE, KS 66086 was filed in this office on November 28, 2007, and is in good standing, having fully complied with all requirements of this office. No information is available from this office regarding the financial condition, business activity or practices of , this entity. In testimony whereof I execute this certificate and affix the seal of the Secretary of State of the state of Kansas on this day of March 15, 2011 KRIS W. KOBACH SECRETARY OF STXff, Certificate ID: 413544 - To verify the validity of this certificate please visit liltps: //www.accemkansas.or2/bLsLiflow/validate and enter the certificate ID number, https: / /www.ac csskansas.Org/bcss /flow /main ?e,xecution =e2s 1 3/15/2011 State of Missouri Xisoutot Robin Carnahan Secretary of State CERTIFICATE OF REGISTRATION FOREIGN LIMITED LIABILITY COMPANY WHEREAS, CR0OKHAMCONSTRUCTION LL FL1130548 Using in Missouri the name CROOKHAMCONSTRUCTION, LLC and existing under the laws of the State of Kansas has filed with this state its Application for Registration and whereas this Application for Registration conforms to the Missouri Limited Company Act. NOW, THEREFORE, I, ROBIN CARNAHAN, Secretary of State of the State of Missouri, by virtue of authority vested in me by law, do hereby certify and declare that on the 29th day of March, 2011, the above Foreign Limited Liability Company is duly authorized to transact business in the State of Missouri and is entitled to any rights granted Limited Liability Companies, IN TESTIMONY WHEREOF, I hereunto sot my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson, this 29th day of March, 2011. Secretary of State Page 1 of 2 Kansas.gov I State Phone Directory Online Home I Contact FAQs Services Kansas e. r. e RLAM Simple Steps for .success Thinking Starting II M a in taining � ) Closing Business Entity Search Date: 03/06/2013 Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such, Please view actual documents filed by customers with the secretary of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. Business Summary Current Entity Name Business Entity ID Number CROOKHAM CONSTRU CTION, LLC 6215388 I t=ile Name,Cha Online ;I I View History and;t7ocu Current Mailing Address Kathryn Crookham - P.O. Box 339, TONGANOXIE, KS 66086 1 Update..;] Business Entity Type: KANSAS LTD LIABILITY COMPANY Date of Formation in Kansas 11/28/2007 State of Organization KS Current Status ACTIVE AND IN GOOD STANDING 1 C.ertticate.of Good .rStanding l Resident Agent and Registered Office Resident Agent: KATHRYN A. CROOKHAM Registered Office: 19336 182nd Street, TONGANOXIE, KS 66086 I Update Res dent Ag ent/Oi# ice https : / /www.kansas.gov/bess/ flow / main; jsessionid= 75E94F6D2A614D4C222F4OD78107... 03/06/2013 Page 2 of 2 Annual Reports The following annual report information is valid for active and delinquent status entities only, Tax Closing Month 12 The Last Annual Report on File: 12/2011 Next Annual Report Due: 04/15/2013 j .Fle Oniine 1 Forfeiture Date: 07/15/2013 I, Close Your Business Be advised the business information on this page is for summary informational purposes only. It is not an official filing with the Secretary of State's office and should not be relied on as such. PIease view actual documents filed by customers with the secretaiy of State's office to ensure accurate information. When filing a Uniform Commercial Code statement on an entity, consult with your attorney to ensure the correct debtor name. • O 2013 Kansas.gov • Portal Policies • Help Center • Contact Us • About Us • Site Man https: / /www.kansas.govlbess/ flow / main; j sessionid= 75E94F6D2A614D4C222F40D78107... 03/06/2013 Limited Liability Company Annual Report 1. LL.0 Name: CROOKHAAI CONSTRUCTION, LLC 2. Business Entih ID No.: 6215388 3. Tax Closing Date: December 2011 4. State of Organization: KS S. Official 1l lailing Address; Kathryn Crookham, PO. Box 339, TONGANOME KS 66086 6. Members who own 5% or more of capital (Kansas LLCs only): Kathryn A. Crookham - 19336 182nd St Tonganoxie, KS 66086 federal Employer Identlilcation Number (FEIN): 383771489 "I declare under penalty of perjury pursuant to the laws of the state of Kansas that the foregoing Is true and correct." Executed on March 14 2012 Signature of Member; Kathryn Crookham Contact phone number: 913- 724 -3341 t E -mail: katyicrookhameonstruction.com 'a A w� % _., F� ,. o Electronic File Stamp Information: Filed Date: 03/14/2012 Time: 02:20:56 Phi SAM Search Results List of records matching your search for crookliam* No Search Results March 06, 2013 12:48 PM Page 1 of 1 C(` Page 1 of 3 • Home • Labor Standards • barment List Contractor Debarment List Name and Address of Name of Officer and Contractor Title Norman Bass DBA Municipal Construction N/A Incorporated 10150 Hawthorne Ridge Goodrich, MI 48438 Larry G. McElroy DBA Blackhawk Electric 254 E. Lake Dr. P.O. Box 248 N/A Cape Girardeau, MO 63701 Saxon W. Johnson DBA, The Tile Doctor 10724 Haskins Ct. N/A Shawnee Mission, KS 66210 Rycoblake Corp. 4212 SE Saddlebrook Cir N/A Lee's Summit, MO 64082 Gerald Chevalier 4212 SE Saddlebrook Cir NIA Lee's Summit, MO 64082 Date of Conviction 2/01/2012 12/27/2011 9/02/2011 7/13/11 7/13/11 Debarment Period 2/01/2012- 2/01/2013 12/27/2011- 12/27/2012 9/02/2011- 9/02/2012 7/13/11 - 12/01/12 7/13/11 - 12/01 /12 Archive: Debarment List Name and Address of Contractor Plumbco, Inc. 7534 Heron Dr. Neosho, MO 64804 Case No. 09AO- CRO1174 Buffington Brothers Heating ft Cooling Name of Officer and Title Michael B. Robin Stan Buffington, dba Date of Conviction 12/17/09 10/26/2005 Debarment Period 12/17/09- 12/17/10 10/26/05- 10/26/06 littp://www.labor.mo.gov/DLS/PrevailingWage/debarment 03/06/2013 Page 2 of 3 110 N. Riverview Poplar Bluff, MO 63901 Bruner Contracting Company Cynthia Bruner, 9/9/2003 9 /09 /03 - 218 Delaware, Ste. 211 President 9/09/04 Kansas City, MO 64105 Cynthia Bruner 218 Delaware, Ste, 211 N/A 9/9/2003 9/09/03 - Kansas City, MO 64105 9/04/04 Lisa Bailey 405 N. 2nd St. N/A 9/7/2001 9/07/01 - Bates City, MO 64011 9/07/02 Kat Excavation a.k.a. Kat Excavation, Inc. Steve Bailey 8/16/2001 8/16/01 - 405 N, 2nd St. Lisa Bailey 8/16/02 Bates City, MO 64011 Construction Concepts, Inc. 9 Stoney Side Ether Bledsoe 6/10/1997 6/10/97- 6/10/98 St. Louis, MO 63132 Jim Plunkett, Inc. 7511 NW Tornahawk Ln Jim Plunkett 5/15/1997 5/15/97- Platte Woods, MO 64152 5/15/98 American Golf Course Construction, Inc. Warren Wear 11/15/93 - 8147 N. Oak Registered Agent 11/15/1993 11/15/94 Kansas City, MO A F± F Irrigation, Inc 7 Clair Mount Circle Tommy Abbott 11/9/1993 11/09/93 - Tullahoma, TN 11109/94 Cannon Commercial Mechanical Contractors, Joseph E. Cannon, Inc. President 11/17/1992 11/17/92- 316 W. 3rd St. (a.k.a. Joe Cannon) 11/17/93 Kansas City, MO About the Debarment List Missouri's Prevailing Wage Law establishes a minimum wage rate that must be paid to workers on public works construction projects in Missouri, such as bridges, roads, and government buildings. The prevailing wage rate differs by county and for different types of work. Contractors who have been prosecuted and convicted of violating the Missouri Prevailing Wage Law are placed on a debarment list. Contractors on the debarment list are prohibited http://www.labor.nio.gov/DLSNrevailingWage/debarment 03/06/2013 Page 3 of 3 from contracting with any public body for the construction of any public works or from performing any work on any public construction project during the term of the debarment. The debarments are published in the Missouri Register by the Office of Secretary of State for the term of debarment. The above debarment list is provided to help public bodies avoid awarding a contract for public works to any contractor or subcontractor who is prohibited from working on any public works projects due to a conviction for violating the Prevailing Wage Law. Click here for a list of contractors who are on the List of Federal Parties Excluded from Procurement and Nonprocurement Programs This list includes individuals, entities and contractors that are excluded from Federal procurement and sales programs, nonprocurement programs and financial and non - financial benefits. littp://www.labor.ino,gov/DLS/PrevailingWage/debarment—list.asp 03/06/2013 MISSOURI Contractor Debarment List March 1, 2413 REGISTER Vol. 38, No. 5 0 v� 0 0� �U �a v� FK A 0 o � oaa� v O •d o W •� o La o C4 M A' 1) CS k O O 0 a b I 0 0 z Q a ro N Q a M 0 i—r w t~ w o� ZI 434 m 0 by e d ae 7 as� ZI 434 Page 1 of 2 6 -6W- , UA - For ratings and product access Lon[n I Sian -uo � - RUInSUrance Comp(my p rint this pane A.M. Best * 004210 NAIL d: 13056 FEIN #: 370915434 Address: 9025 North Lindbergh Drive Assigned to tlrmr:err§a+ncrh Ra1Nq Peoria, 11- 61615 companies sprit P United States that have, In �- Ar. Superior Web: pnrnv.rlicorp.com our opinion, Phone: 309 -692 -1000 a superior ability to meet their ; Fax: 309-fi92 -1068 ongoing insurance obligations. i ........._.. — ............... .... . .. Based on A.M. Best's analysis, 058460 - RLI Corp, is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of 2geratin9- insurance entitles in this structure, Best's Credit Ratings View all of the companies assigned this rating as a part of an AMB Rating Unit Best's Credit Ratin g Y Anal st Financial Strength Rating View Defintilon Rating: A+ (Superior) Financial Size Category: XI ($750 Million to $1 Billion) Outlook: Stable Action: Affirmed Effective Date: June 12, 2012 u Denotes Under Review Best's Rating Issuer Credit Rating Vlew Definition long -Tartu: as Outlook; Stable Action: Upgraded Date: 'June 12, 2012 Office: AM. Best Company, Oldivick NJ Financial Analyst: Kenneth Monahan Assistant Vice President: Joseph M. Roethel Related Financial a nd Analy tical Data The following links provide access to related dale records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. 003883 RLI Groug Represents the A.M. Best Consolidated financials for the Property/ Casualty business of this legal entity, Reperis a News –� _ Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M. Best Group AMB Credit Reoort - Insurance Professional - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, V' detailed business overview and key financial data. Report Revision Date; 7/11/2012 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional Archive. Bare Key RaUnci Guide Presentation Re or - Includes Best's Financial Strength Rating and financial data as provided In the most current edition of v.) Best's Key Rating Guide products. (Quarty cross checked). Financial and Analytical P roducts Bests Key Ratlng Guide - PIC. US & Canada Bests Statement File- PIC US Best's Statement File- Global Best's Insurance Reports - PIC, US & Canada Best's State Line -PIC. US Best's Executive_Summary, Report,, Comparison- Prooerty /Casualty Best's Executive Summa Re rt - Com osite - Pro eft ICasuall Best's Regulatory Center Best's Insurance Expense Exhibit (IEE) - PIC. US Best's Schedule F (Reinsurance) - PIC US Pest's Schedule D 14uniciyal Bonds) - US Best's Schedule D )Common Stocks) - US Best's Corporate Changes and Retirements - PIC. USICN Best's Regulatory Center Market Share Reports Best's Schedule D - Hybrid - PIC & LIH. US Best's Schedule D (Comorale Bonds / - US Bcsrs Insurance Reports - Online - PIC. US & Canada Best's Schedule DA Short Term Investments) - PIC & LIH, US Best's Schedule BA (Other Long Term Investments) - PIC & LIH. US European Union Disclosures AM- Best Company and its subsidiaries are not registered as External Credit Assessment Institutions (ECAI) in the European Union (FU). Credit ratings Issued by A I'A. Best Company and its subsldisdes can not ba used for regulatory purposes in the EU as per D rective 204814&EC. http: / /www3.ambest.com/ ratings / entities /SearchRestilts.aspx ?AltSrc =9 03/01/2013 Page 1 of I Missouri Secretary of State, Jason Kander SOS Home:: Business Services:: Business Entity Search Search IDBy Business Name GBy Charter Number QBy Registered Agent OFor New Corporations Verify GVerify Certification Registration Report GFile Online File Fictitious Name Registration @File Online 1 DRenew Online File LLC Registration @File Online Online Orders ORegister for Online Orders 0 0rder Good Standing 0 0rder Certified Documents Filed Documents Date. 3/6/2013 (Click above to view fled documents that are available.) Business Name History Name Name Type RLI INSURANCE COMPANY Legal UNITED FOUNDERS NATIONAL INSURANCE Prev Legal COMPANY Insurance Company - Foreign - Information Charter Number: 000001647 Status: Good Standing Entity Creation Date: 7/14/1972 State of Business,: IL Last Registration Report 2/1812013 Filed Date: Last Registration Report 2013 Filed: Registration Report Month: January Registered Agent Agent Name: ##### Office Address: 9025 NORTH LINDBERGH DRIVE PEORIA IL 61615 Mailing Address: r Commissions Corporations UCC Office Phone: (573) 751 -2783 Phone: (573) 751 -4153 Phone: (573) 751 -4628 Toll Free: (866) 223 -6535 Toll Free: (866) 223 -6535 Tall Free: (866) 223 -6535 600 West Main Street Jefferson City, MO 65101 Main Office: (573) 751 -4936 https:// www. sos. mo. govBusinessEntity /soskb /Corp.asp ?707085 03/06/2013 Jason Kander Secretary of State 2013 ANNUAL REGISTRATION REPORT NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS: VICE PRESIDENT SETH A. DAVIS 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT JEFFREY D. FICK 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 OTHER MARK L. WRIGHT . 9025 N. LINDBERGH DRIVE PEORIA, 1L 61615 OTHER JONATHAN E MICHAEL 9025 NORTH LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT DONALD J. DRISCOLL 9025 NORTH LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT AARON H. JACOBY 9025 N. LINDBERGH DRIVE PEORIA, 1L 61615 DIRECTOR CRAIG W. KLIETH£RMES 9025 NORTH LINDBERGH DRIVE PEORIA, IL 61515 DIRECTOR DONALD J. DRISCOLL 9025 NORTH LINDBERGH DRIVE PEORIA, IL 61615 DIRECTOR TODD W.BRYANT 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT CRAIG W. KLIETHERMES 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 ASSISTANT SECRETARY MONICA C. VOLK 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 Jason Kander Secretary of State 2013 ANNUAL REGISTRATION REPORT NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS: VICE PRESIDENT TODD W.BRYANT 9025 N. LINDBERGH DRIVE PEORIA, IL 69615 VICE PRESIDENT AARON P. DIEFENTHALE 8025 N. LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT JENNIFER L. KLOBNAK 9025 N. LINDBERGH DRIVE PEORIA, IL 61615 VICE PRESIDENT CHRISTOPHER D, RANDALL 8025 N. LINDBERGH DRIVE PEORIA, IL 61615 Page lofl Company Search Look - up (NAIC Consumer Information Source (lions: / /eaDDs.naic.org /cigl) ,- �, r,- COMPANY DEMOGRAPHICS Company Name: RLI INSURANCE COMPANY FEIN: 37- 0915434 State of Incorporation: ILLINOIS Incorporation Date: 07/14/1972 Issue Date: 07/14/1972 Company #: 424275 NAIC #. 13056 NAIC Group #: 783 NAIC Group Name: RLI INS GRP Domicile Type. Foreign Company Type: Property and Casualty (Ch 379, RSMo) Status; jActive Effective Date: 07/07/1999 Please select by clicking the appropriate link for additional information: Company Address Line of Business Company Contacts U Company Name Comp any Meer Change History History https:/ lsbs mo. naic. org/ Lion- Wcb/ jsp/ sbsreports /CompanyLookupDetail, j sp ?companyNa... 03/06/2013 January 11, 2013 City of Riverside Attn: Mr. Travis Hoover, P.E. 2950 NW Vivion Road Riverside, MO 64105 Re: Lower Line Creek Trail Connector Project Recommendation of Award HDR # 175226 Dear W. Hoover: Bids for the Lower Line Creek Trail Connector were received at 10:00 am on January 8, 2013, by the City of Riverside. The Tabulation of Bids is enclosed as Exhibit 1. Tenoch Construction, Inc., was the apparent low bidder with a submitted Total Base Bid of $387,293.00. Crookham Construction, LLC, was the second apparent low bidder with a submitted Total Base Bid of $396,742.19. HDR. Engineering, Inc., (HDR) has reviewed the supplied bid for unit price contracts, questionnaire, affidavit of work authorization, and bid security for each of the two low bidders to determine the lowest responsive and responsible bidder in conformance with the bidding requirements. The following is a summary of our review: Tenoch Construction, Inc. Bid for Unit Price Contracts / Bid Security a. Addendum #1 was acknowledged by the bidder. b. A Bid Bond was provided for "5% of amount bid." Hand written amount of $19,250.00 in Bid for Unit Price Contracts is less than 5 %, at 4.97 of Total Bid. c, Words were not provided for individual bid items on pricing attachment. Total Sum Base Bid is shown with both words and figures. Bid for Unit Price Contracts instructions and Information for Bidders, Item 4 Preparation and Submission of Bid, both require that each bid item be completed with both words and figures. d. Extension figures four bid items, numbers 10 through 13, are rounded to nearest whole dollar instead of carrying to nearest cent. 2. Ouestionnaire a. The questionnaire was provided with the bid submission. b. A Certificate of Good Standing for State in which incorporated was not attached. Bidder is incorporated in Kansas. The questionnaire requires that this Certificate be provided with the bid. HDR Engineering, Inc. 3741 NE Tmon Ddve. Phone(816)347 -1100 C:lpwwoddnBbmmW 10 5 8 3 431 01 -11 -1 3 Une Creek Review Leaer_doc Lees Summit, MO 64064 I Fax:(816)347 -1197 www.hddnc.00m Mr. Travis Hoover January 11, 2013 Page 2 C. A Certificate of Authority to do Business in Missouri was not attached. The questionnaire requires that this Certificate be provided with the bid. d. Project references were provided for seven (7) projects. Highest previous contract amount indicated is $227,912.00. Paving experience listed is predominately on asphalt trail / road construction. e. Pages 22 and 23 of questionnaire not included with the bid submission. Page 22 covers project experience, which was satisfied by the supplemental project reference letter. Page 23 required the following information to be provided: i. Two engineering firms worked with ii. Whether or not the contractor has failed to complete any work on a project or defaulted on a contract iii. Name of Surety Company to be used if project is awarded to contractor iv. Present bonding capacity, and each incidence of failure to perform that resulted in a claim under a Performance or Payment Bond. Due to Page 23 being missing, none of this information was provided. 3. Affidavit of Work Authorization a. The Affidavit of Work Authorization form was not provided with the bid submission. Information for Bidders, 'Item 4 Preparation and Submission of Bid, requires that the Affidavit of Work Authorization be submitted with the bid. As indicated in the review above, multiple bid requirements were not satisfied by the apparent low bidder. Therefore it is of HDR's opinion that Tenoch Construction Inc. has not submitted a responsive and responsible bid. The following is a summary of the review of the second low apparent bidder: Crookham Construction, LLC Bid for Unit Price Contracts / Bid Security a. Addendum # 1 was acknowledged by the bidder. b. A Bid Bond was provided for 5% of amount bid. C. Words and figures were provided for all bid items. 2. Questionnaire a. The questionnaire was provided with the bid submission. b. Bidder did not complete either Corporation or Partnership section of questionnaire. Corporation section requires submission of Certificate of Good Standing for State in which incorporated and a Certificate of Authority to do Business in Missouri. Contractor is organized in Kansas and did not provide a Certificate of Good Standing. A Certificate of Authority to do Business in Missouri was provided. HDR Engineering, Inc. C.\pw orkingbmaW1058343\01 -11 -13 Lim: Creek Review Lemr.doc Mr. Travis Hoover January 11, 2013 Page 3 C. Project references were provided for four (4) projects, with contract amounts provided on recent projects similar in scope. Highest previous contract amount indicated is $331,681.00. Experience includes concrete flatwork. All four project references were contacted, including two for projects for the City of Kansas City, MO, one for the City of Tonganoxie, KS, and one general contractor for a project in Basehor, KS. All respondents had positive experiences with the contractor. Change orders, if applicable, were driven by changes in scope by the owner or unforeseen circumstances. Field superintendent was easy to work with on projects. Office personnel were professional and businesslike, and provided complete paperwork. 3. Affidavit of Work Authori zation a. The Affidavit of Work Authorization form was completed and provided with the bid submission. Recommendation It is our opinion that the apparent low bidder, Tenoch Construction, Inc., is not responsive and responsible to the Advertisement for Bids. The second apparent low bidder, Crookham Construction, LLC, has demonstrated that they are responsive and responsible to the Advertisement for Bids. Therefore we recommend that the City of Riverside award the contract titled "Lower Line Creek Trail Connector Project", to Crookham Construction, LLC, for the Total Sum Base Bid of $396,742.19. Sincerely, Aaron 7. ' ette, P.E. Project lvfanager Cc: Nancy Thompson, City Attorney Enclosure HDR Engineering, Inc. CApwworkingbm \d1058343\01 -11 -13 Line Creek Review Lettecdoc M r_ W x W Y� U• U� S• m� i o� ryo al r; Gi m O� zi F � 5. J W� S ti, U� 8898888858.88888888 8 g L » » »w » »ww »w» @m U 6 $ s Q � asR V SR88sR5s 1 a � Aas g g Sog m'�Nf2 $R C1, �Nmg$ 8 °� 2 r N .� 1V C •- N J f g 58888S8S858�RS88888 ^ 6 g N w N N N M q w N N N N q q N N N N O m O 8 Pi g a m O 0 r � O vd' e m OI IV ry g 8 5 4 N mN m [V m N IG U J w w w N w w w» w w w w w w N w w w w S 8 . S. a a8R5 5aa 8 a ^, � q a m�ib a5 ^���Affimr �id� 87 Y L � �� � �rQ �vmio� N �N •9ii L w »N u� SR8885rNPR 8,8858 g Y gg g4-OggC,mO22 999-9 6 m t� tV lV � c J w» w w w w» N w w w» »www w w w 885 { W »NNw »w »ww N C a S S a S S 8 O a N 8 S S S 8 S S S a J ............... N q w w J Q O i 3 O a 99- e w { » C y C — 8 5 CC � pp�� f pm `•e .° _ p Y C LL rf •O 2 S '6_ f m F U E m Bi 8 m 8 8 iz a a E ri 9 m fl L' W a q a U F1- o S d E 5 w`rrinffi yy E W Q E a E 3 • b Eci�ciz�ci rcrcaif ��rc� mmE e z 0 m nv �iun m "'maw no6m Y� U• U� S• m� i o� ryo al r; Gi m O� zi F � 5. J W� S ti, U� E d Y'8 Y .. U� $X 00 5 d 6 �a . ° e R� 0 o R' Oi z 0 00 O_ J C �a 85888888 8 ° �rnngg5 a g n§ & �58_i $ Tda NNwwwwww.NNN.Nwwwpw 3 ° °8 85n55845 $,^�$ � 5 j 885 q 5 w p ................. 58£+i88 J • gggiss $ g eS o g n .- 1Oam m vi$ fpm rvNN m' s a w N w» w w N w w w w w N w w w w w» m O O GG pp pp C NP4g�gng ggg$m ggge N N w N w w p w p N N N N N N w N p p b 5558585 g w» w w w w w N w » » » »» w w sz9 585 j 5538 ; 5 j 55NS [ S V S g S O SS $ S j 55 � ° of v N Q N w w w p p N N N N N w w w w w p N p N p O O O p 8888888888888888888 g 9g gggo�ssx�wg.g °sg R n .......... N rm ° a gg 9 _999" Y �- IG N rl OI r 7 w .................. 5858558888885585885 8 s ° 9999 $ g ma ..Nwwwww.NNNNNwwww» ° 8888888888888888888 N sm a a gggg gggewvgeaggmg p N N N N N N N w w w w p p N N N N N Y Q < N p ry O N g ¢ 3 8 ° s m = O0 fi ° 5 `m g ` `eV • � E 2 8 0 C 2 9 f0 q O E d Y'8 Y .. U� $X 00 5 d 6 �a . ° e R� 0 o R' Oi z 0 00 O_ J C �a d $ U� UO a� �a R� o� o 0 a s z 0 F m m 9 a 888858888°88888888 S y q 6 r r i ................... 8 0 O$ Nm -------------- p N N N r 8 S S S S S� S S m p r S S S 5 S S m N p A$� L c M1 ............ w ------ 0 5888<m °88$$8$8888m8 o NviNONn 5 a u n�' nN� J wwwwwwwwwwwwwwwwwww NNNwww..NN.Nwwwwww $ 8 8 $ 8 8 8 $ 8 $ 5 $ $ m 6 • p $ p 8 p 8 $ Q 0 O O 8 O N N y f fS g O M O S O S O N N IU m .......... p ...... w w p 8 S 5 5 S S 5 S$ m$ S 5 S S S S S $ O $ xSB P ry `�.n ���rm lrvlRmSY$aV $x'i r • a wa N N w w p p w p w w N p N p w p p w p 3;m • 8888mS.S8$° °8588888 o a RS3g m N l7 (V C J r(UO ry w w w w w w w w w w w w w w w w w w w S 5 S S S S S S 5 m S S 8 S S $ g p S Q $ p $ O$ p Q gy g " ` N o'n m m oY S��iX N7{fO O O q 'w q u L m ................. w w 888888888Se�8888888 e�ma 8�°eBNm �S8 �8 ^g J w w w w w w p N w w w w w w w w w w w Q m O o m LL e - boo m $$ n m p 5` w u$ � w E$ 8 ° • � r w • o_ Y m E U� V O �a 8m O rs `e z o� 0_ 0 z r Y a J mY �a 888QR58m55mr85�`�s$8 aXImm�e<��a.amo� e S v ryryrpz v^ C a N N w w w w ............. w Y� Y t $ 8 5� $ $ 8 p $ e'4"`a$ gg �PS''��0'R g� 8'b $ S j SE25m� Sciw ��'o � S� m � J w .............. w w w w 880888 m 888 8. 8888 � y ^ 88 6 ................ w y N b p 6 w w w ................ O m m �08�" �ma�2S u n e ffim 25 i5 J N N w N w w p N w N p p N N N N N N p 8888888885888888888 C M1 m A' No��mm ria� a $ 22n wpww wwwppwwwwwwpwww ° o m o m o 8 8 8 8$ x a 8888 � � 8 ° ^ F��$88 gi g J N M N w w w w p N N N w w p p p N N w e p 8S SOS S S SS O� S Q $ p S Q $SS O $ ,Q $ ,Q N N $ S n N N e p t Z [ ilS tTl_ E 0 �ti ' O N N O U � N �ju wwwwwwwwwwwwwwwwwww a m 8888$58885888$88888 Q Q o� Q$� is d„m 6 d J U w w w w w w ............. C N > Q T > >> Q w U T W W Q N J E O m 8 LL U P m m 'mm S ua g 5 a _$r fr U 9 ILA° mma 3 & � •N' � n v pp m$ m w g a E��88 E r�NN o a FqF V� O a 0 $& Y S Y � 2U� -UZN U w w a 22 A rq0 E z v� ml hro ^ °L m E U� V O �a 8m O rs `e z o� 0_ 0 z r Y a J mY �a