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HomeMy WebLinkAbout2008-091 - Pyramid ExcavationBILL NO. 2008 -91 ORDINANCE NO. 2008 -91 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH PYRAMID EXCAVATION AND CONSTRUCTION, INC. FOR THE HORIZONS LIFT STATION AND SANITARY SEWER PROJECT WHEREAS, the City of Riverside, Missouri ( "City") has received competitive bids and engaged in negotiations with Pyramid Excavation and Construction, Inc. ( "Pyramid") for provision of construction services related to the Horizons Lift Station and Sanitary Sewer project under consideration by the City (the "Services "). WHEREAS, the City and Pyramid have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1 . This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of constructing the Horizons Lift Station and Sanitary Sewer project. Section 2. The City of Riverside shall enter into an agreement whereby Pyramid shall provide the Services to the City at a total cost of $ 5! ?4W - -9 O® (the "Agreement "). Section 3 . The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A , is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 5 . This Ordinance shall be in full force and effect from and after its passage and approval. Passed this day of 2008.' 1 c) oi Mayor Kathleen L. Rose AT E T City Clerk JUVIKIVAIJILKY 1 1 102 Hickm Mills D rive • Kansas City, Missouri 64134 EICAIMIOiN` & CONSTRUCTION, INC. Ph. (816)765 -4464 • Fax (816)765 -4467 September 8, 2008 City Administrator City of Riverside 2950 NW Vivion Rd. Riverside, MO 64150 Re: Horizons Lift Station & Force Main Attn: Mr. David Blackburn Gentlemen: Attached, please find three signed copies of the Contract for the referenced project to be executed by the City of Riverside. Also included are Pyramid's insurance certificates. As you will notice these policies expire 9/10/08, our annual renewal date. New certificates will be sent directly to the City upon renewal. Sincerely, i J George . Clark, PE Project Manager Irl September 3, 2008 City of Riverside, Missouri 2950 NW Vivion Riverside, MO 64150 Re: Pyramid Excavation & Construction, Inc. Bond #105164181 Horizons Development Lift Station, Force Main & Gravity Sewers, Ordinance No. 2008-91 Bond Amount $5,941,848.00 This letter will serve as your authority to date the Bonds and the Powers of Attorney on the above captioned project. Very truly yours, Travelers Casualty and Surety Company of America Debra J. Scarb ou h Attorney -in -Fact LocKrm,q CoHreaiEs, LLC 444 W 47th St, Ste 900/ Kansas Gry, MO 64112,1906 816.960.9000 / FN;: 816-960.9099 a ,As,.locktcn.com Cook, Flatt & Strobel ENGINEERS. P.A. 9229 Ward Parkway, Suite I10 August 27, 2008 Kansas City, Missouri 64114 (816) 333 -0477 (816) 333 -6688 Fax Mt George Clark www.cfse.com Pyramid Construction Company Other offices: 11102 Hickman Mills Drive Topeka, Kansas Wichita, Kansas Kansas City, Missouri 64134 Re: NOTICE TO PROCEED for . Horizons Sanitary Sewer Pump Station & Force Main City of Riverside, Missouri CFS Project No. 07 -007N Dear Mr. Clark: This letter serves as a NOTICE TO PROCEED with construction on the Horizons Sanitary Sewer Pump Station & Force Main. Cook, Flatt & Strobel (CFS) will be providing construction inspection and administrative services for the project. The following individuals will serve as CFS's representatives during construction: Travis Hoover, P.E. Construction Inspection Manager Cook, Flatt & Strobel Engineers, P.A. 9229 Ward Parkway, Suite #110 Kansas City, Missouri 64114 (816) 333 -4477 Office (816) 769 -1601 Mobile Sabin A. Yanez, P.E. Project Engineer Cook, Flatt & Strobel Engineers, P.A. 9229 Ward Parkway, Suite #110 Kansas City, Missouri 64114 (816) 333 -4477 Office C J ohn G. Eayi P.E. (816) 806 -9608 Mobile ai Kenneth M. alai., P.E. Also attached is the cit contract for this p roject for, our execution. Please Prestdent tt �' 1> � y Melvin D. Chapman, P.E. submit three (3) signed copies to: Vice President Mr. David Blackburn Robert S. Chamber, P.E. City Administrator President - Treasurer City of Riverside Douglas w. onmitt P.R. Consxdrnnr 2950 NW Vivion Road Riverside, Missouri 64150 Any questions or submittals for construction of the project shall be addressed to Travis Hoover or Sabin Yanez. Cook, Flatt, and Strobel Engineers, P.A. Respectfully, Sabin A. Yanez, P.E. Cc: David Blackburn / Riverside AGREEMENT BETWEEN CITY OF RIVERSIDE AND PYRAMID EXCAVATION & CON STRUCTION,INC. FOR COMPLETION OF HORIZONS DEVELOPMENT LIFT STATION, FORCE MAIN GRAVITY SEWERS CONTRACTOR: ORDINANCE NO.: CONTRACT PRICE: PYRAMID EXCAVATION & CONSTRUCTION, INC. 2008 -91 $5,941,848.00 Agreement 00300 -1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR HORIZONS DEVELOPMENT LIFT STATION, FORCE MAIN GRAVITY SEWERS THIS AGREEMENT, made and entered into as of the day of 2008, by and between the City of Riverside, Missouri ("City"), and PYRAMID EXCaVA O & WONSTRUCTION, I NC. ( "Contractor "), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No. 2008 -91 , duly approved JULY 22, 2008 and by virtue_ of the authority vested in City by the general ordinances of City, intends 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 THE PROJECT AND THE WORD A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. Agreement 00300 -2 C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) 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 VI of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and 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 required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE H CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of Five Million ' ne HundredForty, -One Thousand Eight Hundred F orty -Eight Dollars ($ 5,941,848.00 ) . This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Determination of the actual quantities and classifications of unit price Work performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full 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 lump sums and unit prices set forth in Exhibit E. 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 lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in Exhibit E 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 prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E are materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. Agreement 00300 -3 E. 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 Ordinance No. 2008 -91 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK; /SUBMITTALS A. 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. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 210 working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall pay City $2000 as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Paragraph F below and Article XIII of this Agreement under all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. D. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph D 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. 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 V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. Agreement 00300 -4 F. In the event Administrator determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor; at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar.submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to. delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV 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: This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement. 4. PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement). PREVAILING WAGE RATES (Exhibit F to this Agreement). 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 Agreement 00300 -5 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 V PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent as.retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No. 2008 -91 . Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by Agreement 00300 -6 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. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed upon Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. 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 Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of 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. 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. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any Agreement 00300 -7 payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CIIANGES /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 fi 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: If the Work involved is covered by unit prices set forth in Exhibit E, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or If the Work involved is not covered by unit prices set forth in Exhibit E and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall bemade. Agreement 00300 -8 C. A change in the Contract Amount of 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 rime for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. D. Agreement on any Change Order shall constitute a 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. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, 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 F below. F. 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 working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five -day period, it shall be deemed waived. G. No change or claim, nor any delay or dispute concerning the 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 VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City of Riverside, its employees, officers, and agents, City of Kansas City Missouri, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City of Riverside against claims for damage to property and /or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 Agreement 00300 -9 C. Products /completed operations aggregate $2,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products /completed operations • Personalladvertising injury • Broad form property damage • Independent contractors Explosion, Collapse, and Underground Damage . 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City of Riverside, its employees, officers, and agents, City of Kansas City, Missouri, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City of Riverside against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non -owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non -owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be 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 coverage (including any umbrella or excess policy that provides any required general 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 insured's City of Riverside, its employees, officers, and agents, City of Kansas City, Missouri, 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 insured's 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 years after the date of final acceptance by City of all of Contractor's Work. Agreement 00300 -10 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 insured's 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 damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice to City in the event of cancellation, expiration, non - renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. 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 VII. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance 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 VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven days before the subcontractor first performs any of the Work. ARTICLE VIII INDENINITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City of Riverside, its employees, officers, and agents, City of Kansas City, Missouri, 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 Agreement 00300 -11 destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under Paragraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE 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 fiom 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 X. . Agreement 00300 -12 ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two 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 rimes for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to 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 XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: George Clark, V.P. Pyramid Excavation & Const. Inc. 11102 Hickman Mills Drive Kansas City, Mo 64134 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice: The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT Agreement 00300 -13 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, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not 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 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 fiee 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. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE Agreement 00300 -14 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, 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 XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contactor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in 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 XVI 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 ftom any obligation under the Contract Documents, nor shall it create any obligation ftom 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. Agreement 00300 -15 C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is fieely 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 XVII ACCESS TO SITE /CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contactor, 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. Contactor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contactor fails to comply with cleanup duties within 24 hours after written notification from City of non - compliance, City may implement cleanup measures without further notice and deduct the cost fiom any amounts due or to become due Contactor. ARTICLE XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects. at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contact Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. Agreement 00300 -16 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 XIX 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 XX STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that.are to be used directly in the Work shall be brought to and stored at the Project site by 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 XXI 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 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. B. Contractor shall give notices and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. 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. Contactor 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 XXII INDEPENDENT CONTRACTOR Contractor is an independent contactor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. Agreement 00300 -17 ARTICLE XXIII CONFLICT Contractor shall promptly upon discovery advise 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 XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and /or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. ARTICLE XXV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTES /ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, . City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. Agreement 00300 -18 B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover fiom the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXVIII 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 XXIX 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 VI 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 and approved by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE By: l�l�G � MAYOR amid Excavation & Constru Inc. Printed Name: George C. Clark Vice President Agreement 00300 -19 EXHIBIT A — SCOPE OF WORK Contractor shall perform the following Work: All Work necessary to construct Horizons Development Lift Station, Force Main and Gravity Sewers through the limits of the Project as shown on and in accordance with the Specifications and Drawings referred to in Exhibit B to the Agreement. The Lift Station site work includes the construction of concrete wet well and trash rack structure, concrete paving, concrete slab construction, site grading and other various site work related items. The lift station, trash rack equipment, biological odor control equipment, natural gas generator and building enclosures will be manufactured offsite and delivered to the site for installation. In addition to the lift station site work, the work will include the installation of approximately 4,944 linear feet of force main and approximately 1,325 linear feet of gravity sanitary sewer main connected with the Lift Station. Agreement- Exhibit A Page -1 EXHIBIT B — SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: "Horizons Development Lift Station, Force Main, and Gravity Sewer Specifications: (Divisions 1 through 3, 5, 16 and Appendix A -I of the Project Manual) dated May 21, 2008 including appendices and all other documents and specifications referenced therein. The Drawings governing the Work are as follows; cover sheet dated May 21, 2008: Sheet Description Sheet No. COVER SHEET 1 GENERAL LAYOUT 2 FORCE MAIN LAYOUT 2a F ORCE MAIN LAYOUT 2b PLAN AND PROFILE SHEETS 3 -6 LINE CREEK LEVEE OVERBUILD 7 PLAN AND PROFILE SHEET 8 LIFT STATION SITE - UTILITY PLAN 9 LIFT STATION DIMENSION LAYOUT 10 ET WELL STRUCTURE DETAILS 11 -14 RASH RACK STRUCTURE DETAILS 15 -17 FORCE MAIN DETAILS 18 -22 LIFT STATION DETAILS 22 PAD DETAILS - RAISED SIDEWALK DETAILS 23 FENCE, HANDRAIL, MANHOLE DETAILS 24 ELECTRICAL DETAILS 25 -29 CONCRETE JOINTING PLAN 30 AZZURO DETAILS 31 -35 EROSION CONTROL DETAILS 36 GRAVITY SEWER MAIN 37 -38 SMITH & LOVELESS LIFT STATION 39 Agreement - Exhibit B Page -1 EXHIBIT E — ITEMIZED PROPOSAL HORIZONS DEVELOPMENT LIFT STATION, FORCE MAIN GRAVITY SEWERS TO: CITY OF RIVERSIDE, MO 1. The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by, and in conformity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of the price Of Five Million Nine Hundred Forty -t.Wn Thnusan , Pi qhf Hundrerl Fnri -N,ni h+ dollars ($ 5, 9 41 , 8 4 8.0 0 ) for Bid Item Numbers 1 through 69. The Contract Amount is subject to final determination of Work performed at unit prices set forth in this Itemized Proposal. The quantities of items of unit price Work set forth in this Proposal are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise noted in Divisions 1, 2, 3, 5, 16 and Appendix A -G: a) determination of the actual quantities and classifications of unit price Work performed will be made by. City and b) final payment for all unit priced items set forth in this Proposal will be based on actual quantities, determined by City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is accepted, and to complete all work as provided in Article III of Agreement between City of Riverside, MO and Contractor. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the work, together with the local sources of supply, and has satisfied itself as to all conditions and quantities, and understands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within ten (10) calendar days from and after the Notice to Proceed for the Contract, Agreement- Exhibit E Page -1 and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement of its rights as to bid security. 5. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) No. 1 6/18/2008' No. 2 6/24/2008 Enclosed is a certified check, cashier's check or bid bond in the amount of Five percent of the total bid DOLLARS ($ of bid ) which the undersigned agrees is subject to being forfeited to and becoming the property of the City as liquidated damages and not as a penalty, together with other legal remedies the City may choose to invoke, should this Bid be accepted and the Contract be awarded to this bidder and it should fail to enter into an Agreement in the form prescribed and to furnish the required insurance, bonds and other required documents within ten (10) calendar days as above stipulated, otherwise the bid security shall be returned to the undersigned upon signing of the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED in Kansas City . Mo 5 _2srt ay of JI I n C , ' 2008. Vice resident Title (SEAL) Attested / Title 11102 Hickman Mills Drive Address Kansas City, MO 64134 816 - 765. -4464 Telephone Number Agreement - Exhibit E Page -2 ITEMIZED PROPOSAL ITEM NO. BID ITEM DESCRIPTION EST. QTY. UNIT, UNIT PRICE PRICE EXTENSION MISCELLANEOUS 1 Mobilization 1 LS ems, yQ - 2 Construction Survey and Staking 1 LS 3 Contractor Trailer 1 LS © 1 0 QCi3O` 4 Erosion Control Silt Fence) 1 LS 5 Erosion Control (Straw Bales) 1 LS 6 Clearing and Grubbing 1 LS 7 Seeding Disturbed Areas 4 Ac 8 Temporary Traffic Control 1 LS 9 Dewatering of Sanitary Sewer Install 1 LS SANITARY SEWER FORCE MAIN 10 Milling and Pavement Removal 1 LS jcx," r- 11 Remove and Replace Chain Link Fence 100 LF `K- 12 Remove and Replace existing 18" CSP 60 LF `" 13 Remove and Replace existing 18" RCP as required for new construction) 1 LS Cej ©" C3 ®© 14 Driveway Removal and Replacement 4 EA as °= 15 20 "OD Sanitary Sewer Force Main — HDPE — DR17 4,070 LF f A p 1` 0 16 18" Class 52 Ductile Iron Pipe w/Protecto 401 912 LF� 17 30" OD Steel Casing (1/2" Thick) 190 LF 18 5' x 5' Concrete Air Release Vault 3 EA � E 19 8' x 7' Concrete Air Release Vault 1 EAA� 1 5' 20 Diameter Sanitary Sewer Receiving Manhole 1 EA 21 IForce Main Pigging Station 1 EA t7exFJ 22 Levee Fill - Embankment 1070 CY 23 RipRap V Diameter 85 SY (0 4 24 6' High Chain Link Fence w/Privacy Fabric 127 LF SANITARY SEWERMr I STATION 25 Embankment - Landscape Berm 4000 CY 26 Concrete - Wet Well Structure 300 CY 27 Concrete - Wet Well Top Slab 32 CY 28 Concrete - Trash Rack Structure 200 CY Agreement- Exhibit E Page -3 ITEM NO. BID ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE PRICE EXTENSION 29 Concrete - Trash Rack Top Slab 18 Cy r' 30 Concrete - Miscellaneous Slabs 27 CYO_ - °�- 31 8" Concrete Portland Cement Pavement 416 SY, 32 6" MODOT Type 5 Aggregate Surface 3,101 SY 33 1" Backflow Device, Yard Hydrant, Hot Box 1 LS : �_ - nr � 34 Fire Hydrant 1 LS 2 k coc ' 35 Double Check Detector Assembly 1 LS,p 3 `= 36 Backflow Vault 1 EA _ 37 4" Class 52 Ductile Iron Piping w/Protecto 401 (Azzuro Drain Piping) 44 LF ZcO (r e, Fb` 38 24" Class 52 Ductile Iron Pipe w/Protecto 401 30 LF 39 30" Class 52 Ductile Iron Piping w/Protecto 401 40 LFp'w 40 16" HDPE Piping - DR 32.5 (Azzuro) 96 LF 41 20" HDPE Piping - DR 32.5 (Azzuro) 5 LFp < <= 42 3/4" SCH 40 P.V.C. Conduit 250 LF { mss 43 1" SCH 40 P.V.C. Conduit 500 LF ` `-`-' - 44 2" SCH 40 P.V.C. Conduit 960 LF 2 `� 45 2.5 " SCH 40 P.V.C. Conduit 0 LF 46 3" SCH 40 P.V.C. Conduit 310 LF 47 4" SCH 40 P.V.C. Conduit 800 LF= 48 6" SCH 40 P.V.C. Conduit 25 LF 2SCJ� 49 Heavy Duty Fabricated SS Slide Gate 4 EA 50 Sanitary Sewer Lift Station with Building 1 LS Sec, C)nn 51 Trash Rack with Washer /Compactor, Con. 1 LS e nppp�rr' 52 14' x 24' x 10' Fiberglass Trash Rack Enclosure 1 LS f ��¢� 53 Biological Odor Control System 1 LS Zz ec ,C} 54 500 KVA Natural Gas Generator with Enclosure 1 LS '-S6 cc 55 5 Ton Crane with Crane Rail 1 LS 56 6" Concrete Pipe Bollards 29 EA { 57 Pavement Striping 1 LS 6cco' 58 Cobra Head Light Poles w /concrete base 2 EA qo� 59 8' High Chain Link Fence with Gate 758 LF 6 60 Seeding Disturbed Areas 3 AC ecce 61 Dewatering -All Lift Station Structures 1 LS y2C ; ems 9WG;jC0 62 Lift Station Electrical Service Riser 1 LS 63 Lift Station Pump Panel 1 LS C Agreement- Exhibit E Page -4 ITEM EST. UNIT PRICE BID ITEM DESCRIPTION UNIT NO. QTY. PRICE EXTENSION SANITARY SEWER GRAVITY MAIN 64 4' DIA. Sanitary Sewer Manholes (0' to 8' Depth) 5 EA �®`� 65 5' DIA. Sanitary Sewer Manholes (0' to 8' Depth ) 4 EA S_U� Z✓Z &UD 66 4' DIA. Sanitary Sewer Manholes (Depth Above 8' ) 59 VF �U ►p 67 5' DIA. Sanitary Sewer Manholes De th Above 8' 41 VF Ss - s 3 68 12" P.V.C. Sanitary Sewer Main SDR -26 PVC 1075 LF pJ 69 30" C -905 P.V.C. Sanitary Sewer Main 165 PSI PVC 230 LF �p i 0C� pi `f 1 ': i i I # �� Q T j �S i ] 1 "� �5➢ f Y � 4� �ffl°+��E ' jZ S 3 ¢ 4k a ir i3 # Ft� "'; �' `{ ty -4 -.• ` '41� _ t kt Y r ;3 x f �' J v i^ .", 6Ws a 1 � } Agreement- Exhibit E Page -5 EXHIBIT F — PREVAILING WAGE RATES Agreement- Exhibit F Page -1 WAGE AND HOUR SECTION MATT BLUNT, Governor Annual • • Order o 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 Signed by Paul Buckley, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2008 Last Date Objections May Be Filed: April 9, 2008 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County OCCUPATIONAL TITLE "Effective Date of Increase Basic Hourly Rates Over - Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker $29.89 52 53 $20.48 Boilermaker $31.00 57 7 $18.75 Bricklayers-Stone Mason $30.85 58 39 $13.30 Carpenter 4/08 $33.00 63 68 $12.03 Cement Mason $24.62 65 4 $16.91 Electrician Inside Wireman $32.18 13 72 $13.85+10% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $37.383 26 54 $17.605 Operating Engineer Group 1 $31.66 85 4 $12.40 Group II $30.85 85 4 $12.40 Group 111 $25.30 85 4 $12.40 Group III -A $29.51 85 4 $12.40 Group IV Group V $26.90 85 4 $12.40 Pipe Fitter 6/08 $36.73 2 33 $17.04 Glazier $19.00 FED $1.65 Laborer (Building): General 5/08 $24.30 30 4 $11.20 First Semi - Skilled 5/08 $24.70 30 4 $11.20 Second Semi - Skilled 5/08 $25.10 30 4 $11.20 Lather JUSE CARPENTER RATE Linoleum Layer & Cutter 4108 $30.94 46 67 $11.73 Marble Mason 6/08 $30.49 25 4 $11.60 Millwright USE CARPENTER RATE Iron Worker $26.75 50 4 $20.35 Painter 4/08 $28.23 37 4 $12.57 Plasterer 1 $24.151 68 4 1 $16.40 Plumber 6108 $35.13 1 45 33 $17.33 Pile Driver USE CARPENTER RATE Roofer 6/08 $30.25 95 2 $11.79 Sheet Metal Worker 7/08 $37.35 17 22 $14.94 Sprinkler Fitter 7/08 $35.85 14 4 $14.90 Terrazzo Worker 6/08 $30.49 25 4 $11.60 Tile Setter 6/08 $30.49 25 4 $11.60 Truck Driver - Teamster Group 1 4/08 $28.39 100 4 $9.65 Group II 4108 $28.39 100 4 $9.65 Group Ill 4108 $28.59 100 4 $9.65 Group IV 4108 $28.59 100 4 $9.65 Traffic Control Service Driver $15.35 48 49 $2.71 Welders-Acetylene & Electric Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751 -3403. "Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 15 7/08 Building Construction Rates for Section 083 PLATTE County Footnotes OCCUPATIONAL TITLE Effective Date of Increase Basic Hourly Rates Over- Time Schedule Holiday Schedule Total Fringe Benefits Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s) and All Immediate Attachments. Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. a - Vacation: Employees over 5 years - 8 %, under 5 years - 6% ANNUAL WAGE ORDER NO. 15 3/08 PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one -half (1 %) shall be paid for all work in excess of forty (40) hours per work week. NO. 2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending Friday at 4:30 p.m. Because of traffic, parking or other circumstances, the hours of work on any project may be any continuous 8% hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a 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 (I%) 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 maybe performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one -half (7%) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. In the event a first shift is not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 pan. 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. 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 %) times the regular rate of pay. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one -half (1 %:) times the regular straight time rate of pay. All other work performed outside of the regularly scheduled working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay, if worked. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall be paid at eight (8) hours pay at the regular hourly rate plus ten (10 %) percent for seven and one -half (7'/) hours work. Shift work performed between the hours of 12:30 a.m, and 8:00 a.m. (third shift) shall be paid at eight (8) hours pay at the regular hourly rate plus fifteen (15 %) percent 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 atone and one -half (I %:) times the shift hourly rate. NO. 14: Means eight (8) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and the regular quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regular starting time may, by mutual consent of employees on thejob site, and the employer, be between 7:00 a.m. and 9:00 a.m. with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular starting 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 work day on Saturday shall be paid at the rate of time and one -half (1 %:). All work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double (2) time. ANNUAL WAGE ORDER NO. 15 AW 15 083 OT.doc Page I of 6 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 fill -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 (I %) rate for the eleventh (I I") and twelfth (12t°) 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 overture shall beat 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 (i%). The regular workday (as previously defined) oil Saturday is paid at time and one -half (1 %:). 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 (I %:) 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 workweek. 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 makeup 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 (I %:) 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. ANNUAL WAGE ORDER NO. 15 AW 15 083 OT.doc Page 2 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday make -up day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five eights" and after ten hours when working "four tens ". All work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and one -half (1 %) the regular wage rate. All night work during the regular work week other than the above - mentioned days shall be paid for at the rate of time and one -half (l Y:) 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 Y:) times the regular rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one -half (l V2) 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 behveen 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 Y:) 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 workweek consisting of four (4) days, Monday through Thursday, each day consisting often (10) hours at straight time rate of pay. The 4 -10's must run for a period of at least four (4) days. NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day's work. Starting time shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty (40) boos shall constitute a week's work. Overtime at the rate of time and one -half (lY�) 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 ore -half (1 %) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one- half (1 Y:) 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 Y:) their regular rate of pay for all hours worked. NO. 50: 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 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule is employed, then Friday may be used as a make -up day when time is lost due to inclement weather. Time and one -half (1'h) 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 (1Y:) after ten (10) hours. All work performed on Saturday will be time and one -half (1 Y:). Double (2) time shall be paid for all work on Sundays and recognized holidays. ANNUAL IVAGE ORDER NO. 15 AW I5 083 andoc Page 3 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall consist of a eight (8) hour period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be used. Once this clause has been put into effect, it shall remain as long as the majority of the Employees on the project and the Employer agree to keep it. The four (4) day clause shall not be used to circumvent a Holiday. Except as 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: Holidays -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 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be: A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one -half (I %). 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 (I%), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate. 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. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten -hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and one -half (I %:) 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. 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 of ten (10) hours straight time. The four (4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one -half (1%:). All work performed on Saturday shall be paid at time and one -half (1%:). All work 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%2) the regular rate. ANNUAL IVAGE ORDER NO. 15 AW IS 083 OT.doo Page 4 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION 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%) 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 (Ph). Work performed outside these hours shall be paid at the overtime rate of time and one -half (1 %,), except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the 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%) the regular rate. In fire 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. 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 (I %:). 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 %:) the regular rate, except as hereinafter described. In the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not all employees working on a Saturday make -up day will have worked the same number of hours during the regular work week. It is 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 work week shall be Monday through Sunday. Eight (8) hours shall 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 %s) 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 Ire may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for the lost time (10 -hour make -up day). All work over ten (10) hours a day or over forty (40) hours a week must be paid at time & one -half (1 %). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4 -10's must be worked at 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. 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 (I %) 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. ANNUAL WAGE ORDER NO. 15 AW 15 083 OT.doc Page 5 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight -hour days shall constitute a week's work, Monday through Friday. Time and one -half (1 %:) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours in any one day or forty (40) hours in any one week. Starting time shall be between 6:00 a.m. and 9:00 a.m. All work over eight (8) hours in a regular 5 -day 8 -hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time shall be paid for at the rate of time and one -half (1 %:) and shall not apply to regular shift. All time worked after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one -half (I V2) rate. An Employer, at his option, may elect to work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at least one week in duration. All work over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday (Friday if working 4 -10's) as a make -up day at the straight time rate of pay. 'Mien an employee is required to work on any recognized holiday they shall receive the double (2) time rate for all time that they are required to perform work. All time worked from 12:00 Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double (2) time on single shift. ANNUAL WAGE ORDER NO. 15 AW 15 083 O'f.doo Page 6 of 6 Pages PLATTE COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 2: All work performed on New Years 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 Years 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. N0.7: All work done on New Years Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. 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.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. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. NO. 39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. N0.49: 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 I and March I 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 (I %) 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 Years Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) 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. 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 shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one -half (1%). ANNUAL WAGE ORDER NO. 15 AW0150831HolAm Page 1 of2 Pages PLATTE COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, T7lanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Friday and paid for at double (2) the regular straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ANNUAL WAGE ORDERNO. 15 AW015083BHoLdw Page 2 of Pages Heavy Construction Rates for REPLACEMENT PAGE PLATTE County Section 083 OCCUPATIONAL TITLE 'Effective Date of Increase Basic Hourly Rates Over- Time Schedule Holiday Schedule Total Fringe Benefits CARPENTER Journeymen 4/08 $33.00 1 17 $12.03 Millwright 4/08 $33.00 1 17 $12.03 Pile Driver Worker 4/08 $33.00 1 17 $12.03 OPERATING ENGINEER Group 1 $29.79 3 2 $12.52 Group II $28.75 3 2 $12.52 Group 111 $28.75 3 2 1 $12.52 Group IV $24.28 3 2 $12.52 Oiler- Driver $27.63 3 2 $12.52 CEMENT MASON $23.40 3 2 $15.45 LABORER General Laborer 4/08 $25.23 3 2 $10.44 Skilled Laborer 4/08 $26.44 3 2 $10.44 TRUCK DRIVER - TEAMSTER Group 1 4/08 $27.46 3 2 $9.90 . Group II 4/08 $27.46 3 2 $9.90 Group III 4/08 $27.46 3 2 $9.90 Grou IV 4/08 $27.46 3 2 $9.90 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 'Annual Incremental Increase ANNUAL WAGE ORDER NO. 15 6/08 PLATTE COUNTY OVERTIME SCHEDULE —HEAVY CONSTRUCTION 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' /2). All work performed on Saturday shall be paid at time and one- half (1 %z). 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' /2) 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 (1!12.). Workers shall receive time and one -half (1 %z) 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 %z). ANNUAL WAGE ORDERNO. 15 AN015 083 HOT.do Page I of 1 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 1 /2). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one -half (1%2). NO. 17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed.over and above thirty -two (32) hours in that week shall be paid at the rate of time and one -half AW015 083 HHol.doc ANNUAL WAGE ORDER NO. 15 Page I of I Page OUTSIDE ELECTRICIAN These rates are to be used for the following counties: Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and Saline COMMERCIAL WORK Occupational Title Basic Total Hourly Fringe Rate Benefits Journe man Lineman $35.14 $4.75+34% Lineman Operator $32.79 $4.75+34% Groundman $23.38 $4.75+34% UTILITY WORK Occupational Title Basic Total Hourly Fringe Rate Benefits Journeyman Lineman $31.93 $4.75+34% Lineman Operator $29.52 $4.75+34% Groundman $20.58 $4.75+34% OVERTIME RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one -half (1%) times the regular rate of wages, other than on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the straight time rate. HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at 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. ANNUAL WAGE ORDER NO. 15 3ro8 KC ZONE AW15.dw EXHIBIT C — PERFORMANCE BOND Bond No. 105164181 FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AG A EMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated /0 1711M.41 2008, designated Ordinance No. 2008-91 in every particular, Pyramid Excavation & Constru Inc. as Principal, and Travelers Casualty and surety Company of America as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Five Million Nine Hundred Forty One Thousand Eight Hundred Forty lawful money of the United Eight and No /100 Dollars ($5,941,848.00) States, conditioned 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 obligations and duties pursuant to the terms of the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed there under 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. Agreement - Exhibit C. Page -I Pyramid Excavation & Construction, Inc. 11102 Hickman Mills Drive, Kansas City. MO 64134 IC � Printed Title: Date: Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 -6014 (860) 277 -0111 SURE $v: (rgna re) Printed Name: Debra J. S _ Title: Attorney -in -Fact Date: The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this obligation. Agreement - Exhibit C Page -2 IS INVALID WITHOUTTHE RED BORDER Aftk POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 219640 Certificate No. 0 0 2433305 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Melissa D. Evans, Patdck T. Pribyl, Debra J. Scarborough, David M. Lockhart, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Clifford B. Young, Claudia Mandate, Carolyn van Haaren, Laura E. Coon, Jeffrey C. Carey, Kathy L. Fagan, Charles R. Teter III, and Adam J. Cantu of the City of Kansas City , State of Missouri , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their . business of.guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perndtied "in any actions or proceedings allowed by law. \�1 11th IN WITNESS WHEREOF, the Compi have caused this instmmeriGto be signel:atid their corporate seals [o be hereto affixed, this June day of Farmington Casualty Cpnnpany St. Paul Guardian Insurance Company Fidelity and Guaranty'; Insurance Gomnpany ' SL Paul Mercury Lnsurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 2 CPpp➢(4 :LLArE�IY k \PE y 9 Q�` /POgs P�.IN F� ANy L� O f "h�k4S O 9 7 $ ryN 1927 �- ��l jy j N➢AiF0a0. 9 II 14491i�M. F s I � ` � AL o � 4t S73RL %3 Hatt xaxr. �S 5. 1896 State of Connecticut City of Hartford ss. By: � Georg k Thompson, tfIce President On this the 11th day of J une 2008 6efore me personally } pe } George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TpT In { {'fitness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. P '�tlBL{G.S� nlarie C. Tetreault, Notary Public 58440 -5 -07 Printed in U.S.A. EXHIBIT D — PAYMENT BOND Bond No. 105164181 d Excavation & Construction, Inc. and the CITY OF RIVERSIDE, MISSOURI, have entered into an Agreement dated 2008, designated Ordinance 2008 -91 Pyramid Excavation & Construction, Inc. Travelers Casualty and Surety Company of America as Principal, and as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Fi ve Mi 1 on Ni ne Hu Forty One Thousand Ei ght lawful money of the Hundred Forty Eight and No /100 Dollars ($5,941,848.00) United States, conditioned that in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the 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, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any Agreement - Exhibit D Page -I such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. Pyrami Exca & C Inc. 11102 Hickman Mills Drive, Kansas City, MO 64134 C Printed Title: Date: Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 -6014 (8 60) 277 -0111 SURETY By: (Si afore Printed Name: Debra 3. Sc rbor ugh Title: Attorney -in -Fact Date: The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this obligation. Agreement - Exhibit D Page -2 AMIK POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Guardian insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Irsuratce Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surely Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorne -In Fart No. 219640 Certificate No. 0 0 2 4 3 2 8 6 2 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Alaryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Melissa D. Evans, Patrick T. Pribyl, Debra J. Scarborough, David M. Lockton, Christy M. McCart, Mary T. Flanigan, Ronald J. Lockton, Clifford B. Young, Claudia Mandato, Carolyn van Hasten, Laura E. Coon, Jeffrey C. Carey, Kathy L. Fagan, Charles R. Teter III, and Adam J. Cantu of the City of Kan a i y , State of Missouri , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pernmied any actions of roceedings allowed bylaw. IN WITNESS WHEREOF, the Companies have caused this mstrument,to be signed add Ih @n corporate seals to be hereto affixed, this 11 th day of June 200 Farmington Casualty Comm any St. Paul Guardian Insurance Company Fidelity and Guaranty'lasm'ance Company , St. Paul Mercury Insurance Company Fidelity and Guaranty Irsura ee Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company 02 ON " , O� OF a y x 977 g 1927 �, �SEAL SEAL °lS...x.N S aa2 di '�a Awl State of Connecticut City of Hartford ss. By: Georg i Thompson, enior fice President On this the 11th day of June 2008 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a.rerp In Witness Whereof, I hereunto set my hand and official seal. �`�' My Commission expires the 30th day of June, 2011. '�UBL�O �} `n u h C . tE SL+ Marie C. Teireault, Notary Public 58440 -5 -07 Printed in U.S.A. ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID L DATE (MM PYRAM -1 09/05/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION POLICY NUMBER ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE George J. Siebers & Co., Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O Box 9340 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR CLP3245845 Merriam KS 66201 -2040 Phone:913- 236 -4900 Fax:913- 236 -5145 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bituminous Insurance Co MED EXP(Anyone person) INSURER B: PERSONAL &ADV INJURY Pyramid Excavation & Construction Inc. INSURER C: INSURER D: $ 2000000 11102 Hickman Mills Drive Kansas City MO 64134 INSURER E: $2000000 Smp Ben. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INbR LTR ADD NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDD I DATE MMI�D LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR CLP3245845 09/10/07 09/10/08 EACH OCCURRENCE S 1000000 PREMISES(Eaoccurence 5100000 MED EXP(Anyone person) $ 5000 PERSONAL &ADV INJURY $1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jEC LOC PRODUCTS - COMP /OPAGG $2000000 Smp Ben. 1000000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON- OWNEDAUTOS CAP3515929 09/10/07 09/10/08 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ X BODILY INJURY (PeraWden0 $ X PROPERTY DAMAGE (Peraccident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY: AGG $ $ A EXCESS /UMBRELLA LIABILITY X1 OCCUR D CLAIMSMADE I DEDUCTIBLE X RETENTION $10000 CUP2580960 09/10/07 09/10/08 EACH OCCURRENCE $ 10000 AGGREGATE $ 1000000 S $ $ A WORKERS COMPENSATION AND EMPLOYERIFTORILITY EXCLUDED? ANY PROPRIETOR RIEXECUTNE OFFICER /MEMBER XCLUDED4 IF yes, describe under SPECIAL PROVISIONS below WC3515930 09/10/07 09/10/08 X =TORY ER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ SOOOOO E.L. DISEASE - POLICYLIMIT x500000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Horizon Development Lift Station, Force Main & Gravity Sewers See attached CANCELLATION RIVERSI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL City of Riverside Mo IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2950 NW Vivion Rd I REPRESE Riverside MO 64150 1 AUTHORI2?DR RESENTATNE ` n ACORD 25 (2001/08)