HomeMy WebLinkAbout2008-098 - Sidewalk MaintenanceBILL N0.2008-98 ORDINANCE N0.2008-98
AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CONTRACT
WITH, AND PAY CERTAIN FUNDS TO McANANY CONSTRUCTION, INC. FOR T:HE
2008 STREET AND SIDEWALK MAINTENANCE PROJECT
WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and
engaged in negotiations with McAnany Construction, Ina ("Contractor") for provision of
construction services related to the 2008 Street and Sidewalk Maintenance Project under
consideration by the City (the "Services").
WHEREAS, the City and the Contractor 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 improving streets and sidewalks in the City,
including Woodland, Merrimac, Klamm, Navajo, Pawnee, Apache, South, Hillside, 45~' Terrace,
45th Street and 45th Court (the "Project").
Section 2. The City of Riverside shall enter into an agreement whereby Contractor shall provide
the construction Services related to the Project to the City at a total cost of $469,006.20 ;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 (pity
officials are hereby authorized to take any and all actions as may be deemed necessar}~ 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 ~C• ~~ day of , 2008.
Mayor Kathleen L. Rose '
T S
City erk
AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
MCANANY CONSTRUCTION, INC.
CONTRACTOR:
ORDINANCE NO.:
CONTRACT PRICE:
Agreement
FOR
COMPLETION OF
2008 Street and Sidewalk Maintenance Project
MCANANY CONSTRUCTION, INC.
2008-98
$469,006.20
00400-1
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2008 STREET AND SIDEWALK MAINTENANCE PRO CT
THIS AGREEMENT, made and entered into as of the ~/~ day of , 2008, by
and between the City of Riverside, Missouri ("City"), and CONSTRUCTION, INC.
("Contractor"), shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2008-98 ,duly approved
September 2, 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'sfonctions 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 WORK
A. Contractor shall provide and pay for all Work for the Project.
B. "Project," as used in this Agreement and the other Contract Documents, means the
building, facility, and/or other improvements for which Contractor is to provide Work under this .Agreement.
It may also include construction by City or others.
C. "Work," as used in this Agreement and the other Contract Documents, means all labor,
services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to
accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications
00400-2
Agreement
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 II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents
and complies fully with each and every obligation of Contractor under the Contract Documents, City shall
pay Contractor the sum of Four Hundred Sixty Nine Thousand Six Dollars and Twenty ~~~,
Dollars ($469,006.20). 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 Amo~mt."
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 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. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of
the actual quantities and classifications of unit price Work performed will be made by City and (2) final
payment for all unit price items set forth in 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.
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.2008-98
Agreement 00400-3
authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding tl'us amount
unless City directs Contractor to perform additional work in accordance with Article VI of this ~.greement,
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 i:n 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 75 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. Following Substantial Completion, Contractor shall proceed to complete all uncompleted PJork items
as promptly as permitted by weather conditions or any other conditions affecting completion of the Work.
C. 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 weatlher. This
Paragraph C 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.
D. 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, includin;; dates on
which information and approvals are required from City. Upon City's written approval of the schedule,
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project. 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.
E. 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 vrill 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.
F. Contractor shall submit to City for review and approval all shop drawing:,, 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
Agreement 00400-4
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:
1. 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. PROPOSAL (Exhibit E to this Agreement).
7. 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 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 Documen:s 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.
Agreement 00400-5
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 origin<<1 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 swn certified
to be due (exclusive of retalnage), payable out of the funds in the City Treasury available for Contractor
under Ordinance No. 2 0 0 8 - 9 8 .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 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
retalnage) 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
Agreement 00400-6
remaining to be completed after 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 <al 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
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
CI IANGES/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 ati order, in
writing Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any
addition, deletion, or other change without a written order. No oral direction or order shall constitute
authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any
addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any
increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and
completely responsible for the acceptability to City of the addition, deletion, or other change.
Agreement 00400-7
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 is covered by unit prices set forth in Exhibit E, by application oi'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
3. 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 aca~unting 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 tran:~portation;
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 be made.
C. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents
or a change in the time for performance of the Work.
D. Agreement on any Change Order shall constitute a final settlement of gill 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 Worlc, an act of
Agreement 00400-8
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 o:F 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:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims fir damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following; limits:
a. Each occurrence $1,000,000.00
b. General aggregate $2,000,000.00
c. Products/completed operations aggregate $2,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City,
its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired, and/or non-
owned vehicle and shall include protection for any auto, or all owned autos, hired
autos, and non-owned autos. The coverage shall have not less than a combined single
limit of $1,000,000.00 for each accident.
Agreement 00400-9
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 turd 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 insureds City, its employees, officers, and
agents, and any architects, engineers, or other design professionals engaged by or on behalf of Ciry, and (2)
provide that it is primary to any other insurance maintained by any additional insured, which other insurance
shall be excess or contingent. The insurance provided to the additional insureds shall apply, without
limitation, to injury or damage caused by work included in the products/completed operations hazard.
C. Contractor shall maintain the products and completed operations coverage for not less
than ten years after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor, suba~ntractors,
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, subcontr~ictors, and
suppliers for damages caused by risks covered by the property insurance provided for in this PaJ~agraph 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 clays' 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
Agreement 00400-10
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 Amy 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 an•d 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
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent
caused or allegedly caused by the negligent 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, rel;ardless 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 Para€;raph 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
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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 from the Contract Amount, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition, issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
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 sucn contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper pera;,ntages 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 tune during
normal business hours to verify the accuracy of Contractor's invoices and charges.
ARTICLE XII
NOTICES
A. The following persons are designated by the respective parties to act on
behalf of such party and to receive all written notices and Payment Applications:
For Ci
David Blackburn
City Administrator
City of Riverside, MO
2950 NW Vivion
For Contractor:
~~ ~ f'Y'c l~n4n-{
Agreement ~ 00400-12
Riverside, MO64150
m Yr.''l~rv~,~•~(,
Roa~~ JoSSrn4v~
B. Any notice required by the Contract Documents to be given in writing or chat 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
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 airy 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 Vi'ork, City
and its designees shall have access to and may take possession of Contractor's materials, tools, equipment,
and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away
from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's
employees or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of
whatsoever nature incurred by City as a result of any default by Contractor, including but not 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 chazges, 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
Agreement 00400-13
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 Contr<ctor or to
exercise any of City's rights or remedies shall waive or excuse the default, and City shall rem~un free to
pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed
as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for 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 p~~yment 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. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in 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 crab 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
Agreement 00400-14
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 from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the V/ork. 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 Cont~•actor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall
clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, aa~d surplus
materials. Contractor shall make provisions to minimize and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written
notification from City of non-compliance, City may implement cleanup measures without further :notice and
deduct the cost from any amounts due or to become due Contractor.
D.
Agreement 00400-15
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 ;hall 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 Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required
by the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article 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 l~iw 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 the Project site or who may be affected by the Work, (2) materials and equipment stored
at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or
in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not
designated for removal, relocation, or replacement in the course of construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection
from damage, injury, or loss.
Agreement 00400-16
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. Contractor shall
make no claim for damages, for an increase in the Contract Amount, or for a change in the: time for
performance of the Work based on Contractor's compliance with City's reasonable request.
ARTICLE XXII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery notify City of any conflict, ambiguity or incon:~istency 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 performance bond and a payment bond, in the forms at Exhibits C and D to this ?,greement.
Each such bond shall be for the full Contract Amount. The premium for these 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
Agreement 00400-17
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party
its reasonable 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, whetlher 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 by City and
Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY OF RIVERSIDE
By: ~,~wtJ
MAYOR
ATTESTE
CI CLERK
Agreement
M~I~~y (~r-~r~~-for. z'~c..
By: _iC~
(Signature
Printed Name: ~. ~: ~ . M.~~cN th."~
Title: ~ ~
00400-18
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
All Work necessary to improve selected streets within the City as shown on and in accordance with
the Specifications referred to in Exhibit B to the Agreement. The Work consists of thf; following
street, sidewalk and driveway improvements.
1. 2" Mill & Overlay
_ 2. Lazy Back Curb
3. Straight Back Curb
4. Lazy Back to Straight Curb
5. 4' Sidewalk
6. Driveway Improvements
7. Storm Grates (including tie to inlet)
8. Sodding
Agreement - Exhibit A Page - 1
EXHIBIT B -SPECIFICATIONS
The following Specifications govern Contractor's performance of the Work:
2008 Street and Sidewalk Maintenance Project Specifications: (Divisions 1 through 2 of the Project Manual)
dated August 8, 2008 including appendices, addenda, and all other documents and specifications referenced
therein.
Agreement - Exhibit B Page - 1
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
MATT BLUNT, Governor
Annual Wage Order No. 15
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 w}-o 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 his 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.
Ori ing al 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 10.21)08
Last Date Objections May Be Filed: A~ri19.2008
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE Section 083
PLATTE County
OCCUPATIONAL TITLE ective
Date of
Increase asic
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
Asbestos Worker $29.89 52 53 $20.48
Boilermaker $31.00 57 7 $18.75
Brickla ers-Stone Mason $30.85 58 39 $13.30
Ca enter 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
O eratin En ineer
Grou I $31.66 85 4 $12.40
Grou II $30.85 85 4 $12.40
Grou III $25.30 85 4 $12.40
Grou III-A $29.51 85 4 $12.40
Grou IV
Grou V $26.90 85 4 $12.40
Pi a Fitter 6/08 $36.73 2 33 $17.04
Glazier $19.00 FED $1.65
Laborer Buildin
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 USE CARPENTER RATE
Linoleum La er 8 Cutter 4/08 $30.94 46 67 $11.73
Marble Mason 6/08 $30.49 25 4 $11.60
Millwri ht USE CARPENTER RATE
Iron Worker $26.75 50 4 $20.35
Painter 4/08 $28.23 37 4 $12.57
Plasterer $24.15 68 4 $16.40
Plumber 6/08 $35.13 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
S rinkler 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
Grou I 4/08 $28.39 100 4 $9.65
Grou II 4/08 $28.39 100 4 $9.65
Grou III 4/08 $28.59 100 4 $9.65
Grou IV 4/08 $28.59 100 4 $9.65
Traffic Control Service Driver $15.35 48 49 $2.71
Welders-Ace lene ?3< 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
e ive asic ver-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
Welders receive rate prescribed for the occupational title performing operation to which welding is incidental.
Use Building Construction Rates on Building(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 %z) shall be paid for all work in excess
of forty (40) hours per work week.
N0.2: 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 1:30 p.m.
Because of traffic, pazking or other circumstances, the hours of work on any project may be any continuous 8%z 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 (]0) hour days,. between
the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one-half (%z) 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 %z) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid
at the rate of one and one-half (1 %z) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2)
time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the G~ntractor.
However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day :shift shall
work a regulaz 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'/z) hours work for eight (8) hours pay. Third shift employees shall be
paid an additional $0.50 above the regulaz hourly rate and work seven (7) hours for eight (8) hours pay. In the event a fast shift is
not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours
worked.
NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours, within five
(5) days -- Monday through Friday inclusive -- shall wnstitute the regulaz 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 %z) times the regulaz 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 %z) 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 (]0) hours worked on Saturdays shall be paid for at double (2) the regulaz
straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regulaz 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 regulaz hourly rate plus ten (10%) percent for seven and one-half (7%z) 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 regulaz hourly rate plus fifteen (15%) p~reent for
seven (7) hours work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the
wmpletion of a regulaz shift shall be paid atone and one-half (1'/z) times the shift hourly rate.
NO. 14: Means eight (8) hours per day shall constitute a day's work. The regulaz starting time shall be 8:00 a.m., and the regulaz
quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regulaz starting time; may, by
mutual consent of employees on the job site, and the employer, be between 7:00 a.m. and 9:00 a.m. with appropriate adjustments
made to the regulaz 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 %z). 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'/z). All work commencing with the beginning of
the established work day on Sundaysand/or Holidays shall be paid at the rate of double (2) time.
ANNUAL WAGE ORDER NO. 15
AW 15 083 OT.doc Page 1 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 full-time or part-time labor performed during such hours shall be recognized as regulaz working hours and paid for at
the regular hourly rate. Except as otherwise provided, all work performed outside of regulaz working hours during ttie regulaz
work week, shall be at double (2) times the regular rate. Working hours may be varied by two (2) hours. When circ~unstances
warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting
of four (4) consecutive ten (10) hour days, between the hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with
one-half (1/2) hour allowed for a lunch period each day. Friday may be used as a make-up day. The make-up day will be
voluntary, and a decision not to work may not be held against the employee. When working four (4) ten (10) hour days overtime
will be paid at the time and one-half (1 %x) rate for the eleventh (1 ls') and twelfth (12"') hour, all other work will be paid at the
double (2) time rate of pay. The £ust two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday
shall be at time and one-half (1 %:) for all work. All other overtime shall be at double (2) time. The first two (2) hours of overtime
must be concurrent with the regular work day, two (2) hour; prior to or following the regulaz work day are at time and. one-half
(1 %:). The regular workday (as previously defined) on Saturday is paid at time and one-half (1 %2). Work performed outside of the
regulaz 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.
N0.25: Means regulaz working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30
p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and
employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal
holidays shall be paid for at twice (2) the regular hourly rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through
Friday, shall be paid for at one and one-half (1 %Z) 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 regulaz 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 wntractor 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 regulaz 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 regulaz working day shall consist often (]0)
hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Piny 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. Tlie rate of
pay for all work performed on holidays shall be at two times (2) the single time rate of pay.
N0.30: Means Monday through Sunday shall constitute the work week. Regulaz 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 regulaz 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 (l Y2) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays)
because of events out of the control of the contractor, then that missed work day may be made up at straight time the following
Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours
during the regular work week. It is further recognized that any work after the forty (40) hours in a week must be paid at time and
one-half (1'/z). Saturday make-up day shall not be used to make up for time lost due to recognized holidays. The employer may
establish a 4-10's schedule on projects (4 days with 10 hours per day). If using a 4-] 0's schedule, a Friday make-up day is allowed.
If using a 4 (10) schedule, any work more than ten (10) hours in a day or forty (40) hours in a work week shall be paid at the time
and one-half (1%) rate. Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work
performed on Sundays or holidays shall be paid at the double (2) time rate.
ANNUAL WAGE ORDER NO. 15
AW 15 083 OT.doc Page 2 of 6 Pages
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
N0.37: 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 regulaz wage rate. All night work during the
regulaz work week other than the above-mentioned days shall be paid for at the rate of time and one-half (1 %2) the regulaz 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 r<de 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 regulaz work
week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, pazking 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 amake-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. All overtime Monday through Saturday shall be paid
at the rate of time and one-half (1%) the regulaz 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 I 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 n:ceive an
additional fifteen percent (15%) over and above the hourly rate for actual hours worked.
N0.46: Means the regular work day shall be eight (8) hours from 6:00 a.m. to 6:30 p.m. Starting time may be between 6:00 a.m.
and 10:00 a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 10:00 a.m. on Monday and
ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of the regulaz work day and work week shall be
considered overtime. Overtime on days recognized as regulaz work days and on Saturday shall be paid for at the rate of time and
one-half (1'/z) the regulaz rate. Sunday and recognized holidays shall be paid for at the rate of double time (2) for time worked.
The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10)
hours at straight time rate of pay. The 4-10's must run for a period of at least four (4) days.
NO. 48: Means the regulazly 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 eazlier than 7:00 a.m. nor later than
10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one-half (1'/~) will be paid for all
work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on
Saturday will be time and one-half (1 %:) unless time has been lost during the week, in which case Saturday will be a male up day
to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-
half (1%) unless time has been lost during the week, in which case Monday will be a make-up day to the extent of the :lost time.
Any work performed on Sunday will be double (2) time. If employees work on any of the recognized holidays, they shall be paid
time and one-half (1 %z) 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%z) 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 maybe scheduled on a four (4) days a week (Monday
through Thursday) at ten (10) horns a day schedule. If such a schedule is employed, then Friday may be used as amake-up day
when time is lost due to inclement weather. Time and one-half (1 %:) shall be paid for any work in excess of eight (8) hours in any
regulaz work day Monday through Friday unless working 4-10's, then time and one-half (1%:) after ten (10) hours. 911 work
performed on Saturday will be time and one-half (1'/Z). Double (2) time shall be paid for all work on Sundays and recognized
holidays.
ANNUAL WAGE ORDER NO. 15
AW 15 083 OT.doc Page 3 of 6 Pages
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
N0.52: 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 requves men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder ol'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 regulaz working hours and performed during the regular work week
(Monday through Friday) shall be at the following rates of pay:
Holidavs-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days ob;~erved as
such) shall be recognized as Holidays that shall be paid at two (2) times the regulaz rate of pay.
Labor Dav-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall beat three
(3) times the regulaz rate of pay.
Overtime-Work performed outside of the regulaz work day (the regular work day shall consist of an eight (8) hour period,
to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time; shall be
any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be:
A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half (1 %:).
All other overtime will be paid at the double (2) time rate.
B. The first ten (10) hours worked on Saturday will be paid at time and one-half (1 %:), with all other hours to tie paid at
the double (2) time rate.
C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate.
N0.57: 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 regulaz 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.
N0.58: 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 startin tg ime 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 wcek (Monday through Thursday) at ten (10) hours a day
schedule at straight time. A Friday make-up day is available iftime 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 wnstitute the regular work day between time that may be advanced or delayed b}• two (2)
hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through
Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (lOs) 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 %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 (] 0) hour
work day, as described above shall be paid at time and one-half (1'/z) the regulaz rate.
ANNUAL WAGE ORDER NO.15
AW 15 083 OT.doc Page 4 of 6 Pages
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
NO. 65: Means Monday through Sunday shall constitute the work week. Regulaz starting time shall be 8:00 a.m., with one half
hour for lunch between three and one-half (3%z) 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 regulaz starting time. All work performed before the advanced starting
time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1 %:). Work performed outside these
hours 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 :r.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 consfitute the work day. All work performed prior to or after the regulaz eight (8) hour work. day, as
described above, and all work performed on Saturday shall be paid at time and one-half (1 %:) the regulaz rate. In the event that a
scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed
work day may be made up at straight time on the following Saturday. It is recognized that not all employees working on a
Saturday make-up day will have worked the same number of hours during the regulaz work week. @ is further recognized that any
work after forty (40) hours must be paid at time and one-half (1 %2). 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 4-1~D's for a
minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed.
N0.68: Means Monday through Sunday shall constitute the work week. Regulaz 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 delaycxl by the
employer up to one hour from the regular starting time. All work performed before the advance starting time and during; the half
hour lunch shall be paid at the overtime rate of time and one-half (1'/z). Work performed outside these hours shall be psiid at the
overtime rate of time and one-half (1 %Z), except as provided otherwise below. All work performed on Sundays or holiday:, 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 regulaz
eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1%Z) the
regulaz 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 Sa~urday 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 pai~9 at time
and one-half (1 %x). 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 wnstitute 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 %2) for all time they are required to work prior to their
normal starting time or after eight (8) hours or normal quitting time Monday through Friday, or all day on Saturday. If an
Employer has started the work week on a five day, eight hours a day schedule, and due to inclement weather misses any time, then
he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for
the lost time (] 0-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
regulaz 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 regulaz workweek shall be Monday through Thursday with Friday being amake-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 beused as amake-up
day at straight time if inclement weather prevents work during the normal work week.
N0.95: Means a regulaz workday shall consist of eight and one-half (8'/~) hours elapsed time, including one-half hour fir lunch.
The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over ten (10) hours of
elapsed time per day including one-half hour for lunch and/or any work performed over forty (40) hours at the straight time rate in
one week shall be paid at time and one-half (1 %Z) 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 paiid for at
double (2) time.
ANNUAL WAGE ORDER NO. 15
AW I S 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 %2) the regulaz 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 regulaz 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 %Z) and shall not apply to regular shift. All time
worked after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1%)
rate. 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. When an employee is required to work on any recognized holiday they shall receive the double (2) time rate for all time
that they aze 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 OT.doc Page 6 of 6 Pages
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.2: All work performed on New Yeaz's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day,
or the days observed as such, shall be paid at the double time rate of pay.
N0.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day
shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the
recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday.
N0.7: All work done on New Year's 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.
N0.22: All work performed on New Yeaz'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.
N0.33: All work done on New Yeaz'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, th,e
following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed.
N0.39: 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 Yeaz's Day, Decoration Day, July 4th, Labor Day,
Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal
days to be limited to the time between December 1 and March 1 of the following yeaz. If any of these holidays fall on Sunday,
the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be
observed as the holiday. If employees work on any of these holidays they shall be paid time & one-half (1 %:) their regular rate
of pay for all hours worked.
N0.53: All work done on New Yeaz'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.
N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanlccgiving
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.
N0.67: All work performed on New Yeaz'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 ifthe Employer
and employees agree that work will be performed on that day, no premium pay will be required. Should any of the abovr,
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.
N0.68: 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. 'Vo
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
AW015083BHol.doc Page 1 oft Pages
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.72: All work performed on New Yeaz's Day, Memorial Day (last Monday in May), Independence Day, Labor Day.
Thanksgiving Day and Christmas Day shall be paid for at double (2) the regulaz 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 anel paid
for at double (2) the regulaz straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of
emergency.
ANNUAL WAGE ORDER NO. 15
AW015083BHol.doc Page 2 of 2 Pages
Heavy Construction Rates for REPLACEMENT PAGE
PLATTE County
Section 083
OCCUPATIONAL TITLE e roe
Date of
Increase asic
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringes Benefits
CARPENTER
Journe men 4/08 $33.00 1 17 $12.03
Millwri ht 4/08 $33.00 1 17 $12.03
Pile Driver Worker 4/08 $33.00 1 17 $12.03
OPERATING ENGINEER
Grou I $29.79 3 2 $12.:12
Grou II $28.75 3 2 $12.;12
Grou III $28.75 3 2 $12.;12
Grou IV $24.28 3 2 $12.:12
Oiler-Driver $27.63 3 2 $12.52
CEMENT MASON $23.40 3 2 $15.4.5
LABORER
General Laborer 4/08 $25.23 3 2 $10.4.4
Skilled Laborer 4/08 $26.44 3 2 $10.4.4
TRUCK DRIVER-TEAMSTER
Grou I 4/08 $27.46 3 2 $9.90
Grou II 4/08 $27.46 3 2 $9.90
Grou 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/Ot3
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 often
(10) hours straight time. The four (4) tens (1 Os) 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'/~) the regular rate.
N0.3: 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'/z). Workers shall receive time and one-half (1 %2) 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 perforated 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
AWO15 083 HOT.doc Page 1 of 1 Page
PLATTE COUNTY
HOLIDAY SCHEDULE -HEAVY CONSTRUCTION
N0.2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Da}' (Fourth
of July), Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be
paid at the rate of time and one-half (1'/~). Double (2) time shall be paid for work on Sundays or recognized
holidays when and only if other craft employees of the same employer at work on that same job site are
receiving double (2) time pay for that Sunday or holiday work. No work shall be 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'/z).
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 holida} 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'/z).
AWOIS 083 Hllol.doc ANNUAL WAGE ORDER NO. 15 Page I o.' 1 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
Occu ational Title Basic Total
Hourl Frin e
Rate Benefits
Journe man Lineman $35.14 $4.75 + 34%
Lineman O erator $32.79 $4.75 + 34%
Groundman $23.38 $4.75 + 34%
UTILITY WORK
Occu ational Title Basic Total
Hourl Frin e
Rate Benefits
Joume man Lineman $31.93 $4.75 + 34%
Lineman O erator $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 tha~i
on Sundays, holidays and from Midnight unti16:00 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 tirne
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 Bros
KC ZONE 1 AW15.doc
Bond No.:1836719
EXHIBIT C -PERFORMANCE BOND
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
AG EMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
2008, designated Ordinance No. 2008-98 in every
particular, McAnany Construction, Inc. _ as Principal, and.
The Hanover InsuraIIce ompa~ly , as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Four Hundred Sixty-Nine Thousand $469,006.20)
Missouri, in the penal sum of Six Dollars & 20/ 100TH5 _
]awful money of the United States, conditioned that in the event Principal shall faithfully anct
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 290.50 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 terrrrs
of the Contract Documents or to the Work to be performed thereunder shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
Agreement - Exhibit C Page: 1
McAnany Construction, Inc.
P.0. Box 860009
Shawnee, KS 66286-0009
PRINCIPAL/n
By: V6
(Si nat e)
Printed Name: ~ +~OS~k~`N
Title: /
Date:
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
SURETY' I~~~ /~- ~`
By: 1~ (~
(Signature)
Printed Name: Denise A. Iverson
Title: Attorney-In-Fact
Date:
SURETY POWER OF ATTORNEY MUST BE ATTACHEA
Agreement - Exhibit C Page •2
This Power of Attorne ma not be used to execute an bond with an ince lion date after A ril 1, 2010
THE HANOVER INSURANCE COMPANY
' MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Mary S. Wilcox, Denise A. Iverson, D.C. Pruett, Matthew J. Miller, Sean R. Miller and/or Dale A. Gebauer
of Kansas City, MO and each is a true and lawful Attorney(s)-in-tact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and
all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the
seal of the Company- Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed
and acknowledged by the regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 -The Hanover Insurance
Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this 11th day of February, 2008.
~~
76~'Z ~ tA'e4 ~ tBEAL
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS-INSURANCE COMPANY OF AMERICA
/ _\ ~
r.1ary Jeanne - -nr on ~•Tce Prue ~t
Rooeri K Gr
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 11th day of February 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said co~porate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
t...a~ a Notary Public
yt..n.e,r>wwnwa
My commission expires on November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted
October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 -
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of , 20
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
_ CITI YNS INSU ANCE COt,.~PANY OF {tMERICA
-'7^ 1/
~Slenkk +- 8raul~AssrsrahlVrre~'resrtient
Certified Copy Void Without Hanover Watermark `~ ~ 9 0 9 7
Bond No.:1836719
EXHIBIT D -PAYMENT BOND
~ Construction, Inc
entered into an Agreement dated
the CITY OF RIVERSIDE, MISSOURI, have
Ordinance No. 2008-98
McAnany Construction, Inc. ,
2008, designated
as Principal, and
The Hanover Insurance Company , as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Four Hundred Sixtyy-Nine Thousand
Missouri, in the penal sum of Six Dollars & 20/100THS ($469,006.20) lawful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
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 290.50 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 ettect, 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 ort
Agreement - Exhibit D Page 1
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.
McAnany Construction, Inc.
P.O. Box 860009
PRINCIPAL
BY= -a
Printed Name:
Title:
Date:
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
SURET`, ~~Q
Bv: ~(
(Signature)
Printed Name:Denise A. Iverson
Title: Attorne -In-Fact _
Date: Q ~1, ~l
SURETY POWER OF ATTORNEY MUST BE ATTACHED
h
Agreement - Exhibit D Page 2
This Power of Attorney may not be used to execute any bond with an inception date after April 1, 2010
THE HANOVER INSURANCE COMPANY
' MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE: COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
Mary S. Wilcox, Denise A. Iverson, D.C. Pruett, Matthew J. Miller, Sean R. Miller and/or Dale A. Gebauer
of Kansas City, MO and each is a true and lawful Attorney(s)-in-fact [o sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
'RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Sun:ty any and
all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the
seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed
and acknowledged by the regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 -The Hanove~ Insurance
Company; Adopted Aprit 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of Arnerica)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly artested by a Vice
President and an Assistant Vice President, this 11th day of February, 2008.
V~ r
t~ ~ loea ~ t~ ~.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
GTIZENS-INSURANCE COMPANY OF AMERICA
- ~' `~
r \ -
Mary Jeanne ~ -ne on. YTiie Pre-ioc t
.~-~'"
(i~~ __
Rooert K. Drennan, Assistan hce ?resident
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 11th day of February 2008, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be tt~e individuals and
officers described herein, and acknowledged thalthe seals affixed to the preceding instrument are the corporate seals of The Hanoverlnsurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
~r~+d Nofary Public
yc..i+r.e~w.u.a
My commission expires an November 3, 2011
I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorm:y issued by said
Companies, and do hereby further certify that [he said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile' (Adopted
October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 -
Citizens Insurance Company of America)
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of , 20
THE HANOVER INSURANCE COMPANY
M AS5ACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSU A~idCE COMPANY OF {1MERICA
. ~, - ri,~-___~-
~" lteo ~ ~:. 6.•aW., Assrs!an! Vice Presrdert;
Certified Copy Void Without Hanover Watermark 9 0 9 7
CERTIFICATE OF LIABILITY INSURANCE OPID vT
ACORD DATE (MMIDDIYYI'Y)
.
MCANA-4 09/04/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
R E Miller Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
373 W. 101st Terr, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kansas City MO 64114
Phone:816-333-3000 Fax:816-822-1634 INSURERS AFFORDING COVERAGE NAU:#
INSURED INSURER A: UIIlted Flre & Casualty
INSURER B: Buildr.es Assn 5rr1!-Inau:us
Ina•
MCAnany Construction INSURER C: st eaul Txav~Uts xnsurancs 19046
,
P.O. BOX H60009
66286-0009 INSURER D.
Shawnee KS
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
PNY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCLMEM 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.
LTR NSR TYPE OF INSURANCE
POLICY NUMBER
DATE (MMIDDM')
DATE (MMIDDM')
LIMBS
GENERAL LIABILITY EACH OCCURRENCE $ 1 , 0 00 , 000
A X X COMMERCIPLGENERALLIPBILITY 10160330010 01/01/08 01/01/09 PREMISES (Eaoccurence) $ 300,000
CLAIMS MADE ~ OCQB2 MED EXP (Any one Denson) E 5 , 000
X X C U PERSONAL &ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2 , 000 , 000
GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS -COMP/OP AGG $ 2 , 0 0 0 , 00 0
POLICY X JET LOC
AUT OMOBILE LIABILRY COMBINED SINGLE LIMIT
$1,000,000
A X ANrnuro 10160330010 01/01/08 01/01/09 (Eaa`adera)
ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
E
X NON-OWNED AUTOS (Per ecCidenl)
PROPERTY DAMAGE E
(Per accident)
GARAGE LIABILNY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG E
E%CESSNMBRELLALIABILITY EACH OCCURRENCE $2,000,000
A X OCCUR ^CLAIMSMADE 10160330010 01/01/08 01/01/09 AGGREGATE $2,000,000
DEDUCTIVE $
X RETENTION $ lO , 000 $
WORKERS COMPENSATION AND X TORY LIMITS ER
B EMPLOYERSLIABILrrY 08WC00371 01/01/08 01/01/09 EL.EACI+ACC1DENr $500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE-EA EMPLOYEE
ESOO ,000
If yes. describe under
SPECIAL PROVISIONS DeIOw
E.L. DISEASE-POLICY LIMIT
E500 ,000
OTHER
A Installation QT66060328792 01/01/08 01/01/09 $1200000 Limit
Floater $5000 Ded
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / E%CLUSIONS ADDED BY ENDORSEMENT / SPECL4L PROVISIONS
2008 Street and Sidewalk Maintenance Program Ordinance No. 2008-98.
City of Riverside, MO, its employees, officers and agents are included as
Additional Insureds as respects above referenced project only.
rnuccl I unnN
CITRIV2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRRTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Clty of Riverside , MISSOTlr1 IMPOSE NO OBLIGATION OR LIABILfTY OF ANY KIND UPON THE INSURER, fT3 f,GEMS OR
2950 NW Vivion Road
erside MO 64150
Ri REPRESENTATNES.
v A ATNE
ACORD 25 (2001/08}
'r^"•; MISSOURI DEPARTMENT OF REVENUE FOgM
~~~( CUSTOMER SERVICES DIVISION 'GOco TO BE GIVEN TO
~ `° PROJECT E MPTION CERTIFICATE J V YOUR CONTRACTOR
VAM EXEMPT ENTITYISSUI (REV. 10-2005)
r~7 PICATE 1 MISSOURI TAX EXEMPTION NUMBER
~ D ~,
eat/
PR ECT LOCATION
EXPIRATION DATE L --
Give asigned copy of Is certificat along with a copy f your MI ourl Sales/Use Tax Exemption Lette~ ach contractor and/or
subcontractor who will be purchasing tangible personal property for use In this project, It Is your responsibility to ensure the
validity oft certificate. You st Issue a new certificate if any of'the Information changes.
EXE PT 'S AUTHO ZED ATURE _
DATE/%! 3 `~'T~l
The MI ouri exempt entity named above hereby eufhodzes the pu ase; without ealea tax, of tangible personal progeny to be Incorporated or conauma~n the ccnstruc-
tan project Identified herein end no other, pursuant to Section 74 2, RSMO.
NAM O PURL ASIN6 CONTRA R oR suBCONTRACTO Contractor/Subcontractor present this to your supplier In
~_ order to purchase the necessary materials tax exempt
4D ESS
CITY STAT ZIP ~~jj ~~yy
0880.3042 (fO-2005) ~ ~ ~/ ,~e'{ ~j
This publication Is avallabie upon request In aiterhative accessible format(s). `+~`-