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HomeMy WebLinkAboutR-2014-033 Awarding Bid for 2013-2014 Street Maintenance Project to Tenoch Construction Inc. RESOLUTION NO. R-2014- 033 A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE 2013-2014 STREET MAINTENANCE PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND TENOCH CONSTRUCTION, INC. FOR CONSTRUCTION OF SUCH PROJECT WHEREAS,the City issued a request for bids for the construction of improvements for 2013- 2014 Street Maintenance Project(Prof. No. 313-013) ("Project'); and WHEREAS, the City received six (6 ) responses to its request for bid and the proposal submitted by Tenoch Construction, Inc. ("Tenoch") in the amount of$290,925.00 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS,the Board of Aldermen find it is in the best interest of the City to enter into a contract with Tenoch Construction, Inc to perform the Project; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS THAT the proposal of Tenoch Construction, Inc. for the construction of the 2013-2014 Street Maintenance Project in the amount of$290,925.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Tenoch Construction, Inc. in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside Missouri the ,?dNay of May, 2014. Kath leen L. Rose, Mayor A T: obin Littre ,"Ci Clerk EXHIBIT "A" 2012 Street Maintenance Project Manual CITY OF �.:R��,�S�,S-� Upsiream jrom ordinary. 2950 NW Yivian Etoad Riverside, Missouri 64150 MEMCf QATE: May i4, 24I4 AGENDA QATE: May 24, 2014 TC1: Mayor and Board of Aldermen FROM: Travis Hoaver RE: Cantract far 2013-2Q14 5ueet Maintenance Project (313-Q13) BACKGROUND: The 20i3-2p14 Street Maintenance Project consists af: • Curb and Gutter replacement throughout the City • Sidewalk Cannection alang 54`" Terr into Gatewaods • Mill and overlay of 5t.Joe Blvd • Trail connection from Argosy Casino Parkway to E}i Young Park • Trail cannection fram Klamm to Interurban The project was advertised for bid and six bids were received. BUDGETARY IMPACT: Approximately $290,925.00 will be expended out of the 2013-2014 Street Maintenance budget for the construcxion under this contract. Total Tenoch Construction $ 290,925.q0 Phoenix Concrete & Underground $ 293,d45.05 �T Freeman Concrete � $ 3Q2,574.44 RA Knapp Canstruction $ 348,237.50 Croakham Construction $ 360,$i 3J5 � PBP Company $ 430>864.75 _—.._., RECC3MMENDATiC3N: Staff recommends approval oE the rasolutian and acceptance of the contracc with Tenoch Construction to proceed with work for the 2013-2014 Street Maintenance Project. _ ORIGINAL DOCUMENT DO NOT REMOVE PROJECT MANUAL 2013-14 STREET MAINTENANCE PROJECT PROJECT NO: 313-013 The City of Riverside, Missouri 2014 ORIGINAL DOCUMENT DO NOT REMOVE TABLE OF CONTENTS DIVISION 0-BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FORBIDS _ INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT BID FORM BID BOND EXPERIENCE QUEST70NAIRE WORK AUTHORIZATION AFFIDAVIT AGREEMENT EXHIBIT A PERFORMANCE BOND EXHIBIT PAYMENTBOND EXHIBIT C STATE PREVAILING WAGE RATES(MISSOURI) EXHIBIT D TIME FOR COMPLETION EXHIBIT E SCOPE OF WORK EXHIBIT F TECHNICAL SPECIFICA TIONS AND DRAWINGS EXHIBIT G NOTICE TO PROCEED EXHIBIT H APPLICATION FOR PAYMENT FORM EXHIBIT I CHANGE ORDER FORM EXHIBIT J CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT M SUBCONTRA TOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT N ENGINEERICONSULT. CERT.for Acceptance&Final Payment EXHIBIT O REQUEST FOR INFORMATION FORM DIVISION 1 -GENERAL REQUIREMENTS .. 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01051 CONSTRUCTION SURVEYAND STAKING 01060 STANDARD SPECIFICATIONS AND PLANS 01181 REQUEST FOR INFORMATION 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTIONSCHEDULE 01330 SUBMITTALS 01410 TESTING LABORA TORYSER VICES 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 POLL UTION CONTROL 01570 TEMPORARY TRAFFIC CONTROL DIVISION 2-SITEWORK 02230 CLEARING AND GRUBBING 02300 EARTHWORK 02350 EROSION AND SEDIMENT CONTROL 02510 ASPHALT PAVEMENTS 02520 PORTLAND CEMENT CONCRETE PAVING 02870 PAVEMENT AMRKINGS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2013-14 STREET MAINTENANCE PROJECT (Project No.313-013) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:30 A.M.,on May 14,2014,and then publicly opened and read aloud at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may also be obtained at the above city hall address. You can also view the Information for bidders, advertisement and Project Manual on the City of Riverside's website httn://www.riversidemo.com/rfns. (htto://www.riversidemo.com/ > Contact Us>Bids and RFPs) The City reserves the right to waive any informality or to reject any or all bids. Each bidder must deposit a bid security in the amount, form and subject to the conditions provided in the Information for Bidders. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. CITY OF RIVERSIDE, MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the "City") invites sealed bids on the forms contained in the Bid Package and Contract Documents for the 2013-14 STREET MAINTENANCE PROJECT (Project No 313-013) 1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside,MO 64150,until 10:30 A.M., on May 14,2014,at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s) containing the bids must be sealed, clearly marked on the outside of the envelope "2013-14 STREET MAINTENANCE PROJECT (Project No. 313-013 )"and addressed to the City Clerk at Riversidb City Hall. The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive any technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of the Bid Security. 2. Resection of all Bids. If the City rejects all Bids, the City may: (1) re-advertise or re-solicit Bids following the City's normal bidding procedure; or(2)use an expedited Bid submission schedule when the City determines that the delay would not be in the best interest of the project or the City. BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 3. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and accompanied by Qualifications of Bidder, Affidavit of Work Authorization and Bid Security. All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures,and the foregoing Certifications must be fully completed and executed when submitted. On alternate items for which a bid is not submitted, a written indication of"no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids or alterations will be considered. A complete set of the bidding documents are available at the office of the City Engineer at Riverside City Hall. A copy the bidding documents may be obtained from Travis Hoover(816-372-9004)or Larissa Anderson (816- 372-9012). CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR 14AS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Bids by a corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 4. Addenda and Interpretations:No interpretation of the meaning to the plans,specifications,or other pre-bid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to: City Engineer/Project Manager,City of Riverside: Travis Hoover; 816-372-9004; thoover@riversidemo.com with a copy to: Capital Projects Coordinator,City of Riverside: Larissa Anderson; 816-372-9012 landerson@riversidemo.com and to be given consideration must be received at least five (5) calendar days prior to the date fixed for the opening of bids. A blank Request for Information (RFI) form is included as Exhibit O in the Project Manual. The RFI form shall be completed by the Bidder and submitted to the Project Manager and City Engineer. The RFI form shall be used after the contract has been awarded and also for the entire duration of construction. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bid Documents which, if issued, will be either hand delivered by a deliverer with receipt of delivery,or mailed by the fastest delivery method available via registered mail or overnight delivery, and may also be mailed electronically or faxed to all prospective bidders recorded as having received the Bid Documents, not later than three(3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 5. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of"or-equal' items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or-equal' item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the "effective date of the Agreement". 6. Subcontracts: The bidder shall submit to City with the Bid a list of all proposed sub-contractors to be used on the project. The list shall indicate those portions of the work each sub-contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to he used on the project. The list shall indicate which materials each supplier is furnishing. The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to manage or perform all of the Work required to be performed on the project by Contractor under the Agreement. 7. Oualifications of Bidder: The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by,or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum,each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and good standing to do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration,and may not be removed or substituted without the City's prior written consent.) GC Project Manager On-Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel, provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations, education, certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes to address them • Provide a statement regarding all work performed two(2)years immediately preceding the date of the Bid that contains either (a) any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the Bidder; or(b)a statement that there have been no such written notices of violations or such penalties assessed Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments • Statement that the Bidder has not been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal state or local entities. • Statement of Bidder's litigation and/or arbitration history over the past seven(7)years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Statement of Bidder's bond history over the past seven (7) years including any incidences of failure to perform. • Provide sworn affidavits as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City,bid pooling or strawbids 8. Bid Security: Each bid must be accompanied by a bid bond payable to the City for five percent(5%)of the total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest responsible bidders.The bid bond of the remaining bidders will be retained by the City until the earlier of(a)the 9191 day after the bid opening, or(b)execution and delivery of the Agreement together with all bonds, evidence of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award is made fails to enter into the required contract or fails to deliver the required performance or payment bonds. 9. Liquidated Damages for Failure to Enter into Aereement: If the Bidder fails or refuses to execute the Agreement and deliver such additional documentation within twenty (20) days of Notice of Award, any Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid. 10. Time of Comoletion and Liquidated Damages: Bidder must agree to commence work on or before a date to be specified in a written"Notice to Proceed" of the City and to fully complete the project within 60 consecutive Calendar Days thereafter. Bidder must agree also to pay as liquidated damages, the sum of 0 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in case of unusual(unseasonable)weather conditions or additional work requested by the City. Bidder agrees that the sum of$_O per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this Section are not penal in nature but rather the parties'attempt to fairly quantify the actual damages incurred by the City for such delays. 11. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to furnish all material and labor necessary to cavy out the provisions of the contract. Insofar as possible the Contractor, in carving out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 12. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances,and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout,and they will be deemed to be included in the contract the same as though herein written out in full. 13. Method of Award - Lowest Responsible Bidder: If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract; the contract will be awarded to the "lowest responsible bidder". If such bid exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award,the City may add any or all of the Alternates to the Agreement by Change Order. The City may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming, non-responsive or conditional bids. In evaluating bids,the City shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility,qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole determination by the City, indicates to the City that the award will be in the best interests of the project.. 14. Obligation of Bidder. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On request, City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 15. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section 285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation if a federal work authorization program with respect to the employees working in connection to the contracted services. The affidavit shall further provide that the successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 16. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Valid Drivers License; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government — hospital certificates are not acceptable); US Passport(valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a -- state or local government. 17. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws,building and construction codes, and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Section 292.675,RSMo - b. Exercise every precaution at all tunes for the prevention of accidents and the protection of persons (including employees)and property. c. Maintain at Contractor's office or other well known place at the job site, all articles necessary for giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons(including employees),who may be injured on the job site. d. Bidders are informed that the Project is subject to the requirements of Section 292.675,RSMo,which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date of work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty(20)days to produce such documentation. 18. Prevailing Wage: Wage rates for the project shall be not less than the prevailing wage rates for Platte County currently in effect as determined by the Division of Labor Standards of the State of Missouri,pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of$100 per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any Subcontractor. 19. Reserved: 20. American Products: Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the United States, unless determined to be exempt as provided in state law. 21. Transient Employers: Pursuant to RSMo 285.230, every transient employer(employer not domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1)Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of$500.00 per day until such notices required by RSMo 285.230 et seq.are posted. 22. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current city business license prior to beginning construction. 23. Sales Tax Exemption Certificate: The City will supply the Contractor with a Project Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit from its computed costs all sales and use taxes related to the purchase of materials or other tangible personal property incorporated into or consumed in the construction of the Project. 24. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated " equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this bid, socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response -- to this invitation and will not be discriminated against on the grounds of race, color,religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority,women and disadvantaged contractors to submit bids. 25. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall - have a ratine of at least"A-" in an amount equal to one hundred percent(100%)of the contract price that does not include the cost of operation,maintenance and money. Attomeys-in-fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 26. Sip_nine of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within twenty (20) days thereafter Contractor shall sign and deliver at least three (3) counterparts of the Agreement to City with all other Contract Documents attached and signed as required,together with the required bonds,evidence of insurance, city licenses and work authorization affidavit and documentation. Within ten (10) days thereafter City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. BID FOR UNIT PRICE CONTRACTS To: City of Riverside.Missouri Re: 2013-14 STREET MAINTENANCE PROJECT Project No.313-01 ` J Date Proposal of rew-Oco/ (hereinafter called "Bidder") • a corporation organized and existing under the laws of the State of Z 547-2> a partnership,or an individual doing business as Tc'w ocj/ Cow/9/n 77e ✓ �� ["Insert,or strike,corporation,partnership,individual or other entity as applicable.l _ To the City of Riverside,Missouri (hereinafter called "City") To Whom It May Concern: The Bidder,in compliance with your invitation for bids for the construction of the above referenced project having examined the plans and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents,within the time set forth therein,and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice of Proceed" of the Owner and to fully complete the project within consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages,the sum of $ L for each consecutive calendar day as provided in the Contract Documents. Bidder agrees that the sum of$0 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendum: ,-/0Nt:. Bidder agrees to perform all of the project work described in the specifications and shown on the plans,for the unit prices contained in the attached Bid for Unit Price Contracts Pricing Attachment attached hereto. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words will govem: '7"x/0 A(u.vpaC-D 1lrn1K 7 Y 7//0u54, 'O N,r✓L XN/Nl!(F� Th/Gl✓Iy jr DIY (7"�rt�zS The unit prices attached shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with Article VII of the Agreement. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 20 days and deliver a Surety Bond or Bonds as required by the Agreement. The bid security attached in the sum of -5-0 Of- d/3 ($ ) is to become the property of the City in the event the Agreement and all Contract Documents, including the Performance and Payment Bonds are not executed within.the time above set forth, as liquidated damages for the delay and additional expense to the City caused thereby. Respectfully submitted: (SEAL - if bid is by a corporation) - By h-oc Title: '?regi d ek-f' Street: (--5aib M, ss;©vi 20aof City, state,Zip: Phone: qi3—(0-7(- -7-7c(O Fal! BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: 2013-14 STREET MAINTENANCE PROJECT NEO. BID ITEM DESCRIPTION ETT• UNIT PRICE PRICE EXTENSION G-1 curb removal and4000 LF O a °j 1 lacement various locations) 2 2 ' sidewalk including 3 ADA 310 LF 3° 50 Ten• 3 " mill and overlay (St Joe 2025 SY / 2rf 3 0 of ]vd Z — ° 4 temove 5' sidewalk and eplace with 10' trail including; " concrete, 4 ADA ramps, 700 LF locate irrigation (Argos S4 3�O�J k 5 10' concrete trail (Klamm to S o m� oe Blvd f 750 LF A17 ff 3zS _ OJ TOTAL BID DMBOND (Bid Security) -. KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Tenoch Construction Inc. as PRINCIPAL and Merchants Bonding Company (mutual) as SURETY, are held and firmly bound unto the City of Riverside, Missouri, ("City') in the sum of Five percent (5%) of amount bid DO118['9 ($ 5@ of bid 1 ("Bid Security'),for the Payment of which sum well and truly to be made, we hereby jointly and severally bind ourselves,out heirs,executors,successors,and assigns,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas Principal has submitted a bid dates May 14th . 2014,to enter into a contract in writing for the 2013-14 STREET MAINTENANCE PROJECT(Project No.313-013); NOW,THEREFORE, IF said Bid shall be rejected,or in the altenmte, IF Principal shall not withdraw the bid within the period specified therein altar the opening of bids,or,if no period be specified,within ninety(90)days after the bid opening,or in the alternate, IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly competed with all attachments and requirements pertaining thereto, and shall firmish a bond for the faithfai performance of said contract,and for the payment of all persons petfammig labor or furnishing materials in connection therewith, shall in all other respects — perform the agreement created by the acceptance of said Bid within twenty (20) days atter such Contract Documents are presented to Principal for sigaattae,or in the alternate, — In the event of the withdrawal of the Bid within the period specified,or the More to enter into such contract within the time specified, flea the Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair _. and reasonable approximation of the actual damages hncurred by the City for the Principal's faillae to honor its bid and that the liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages inctured by the City for the Principal's.refusal to honer its bid The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the City may accept such Bid;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as or corporations have caused their corporate sorts to be hereto WT=d and these Presents to be signed by their proper officers,the day and year set forth herein. Tenoch Construction. Inc. B1'RIlVt PALA 6�nULu-t.Gty-s is _ Printed Name: SOKVa Cit Title:_ 7 e5 GF CLL f' Date: May 14, 2014 I hereby cattify that surety is duly licensed to issue bonds in the State of NBssorm and in the jurisdiction in which the Project is located. _ Merchants Bonding Company (mutual) . By -- PrbTWNBM* David S. Salavitch Title: Attorney in fact Date: May 14, 2014 SURETY POWER OF ATTORNEY MUST BE ATTAC.D MERCHANTS BONDING COMPANY. - POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, David S Salavitch Of Lee's Summit and State of MO their true and lawful Attomey-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds,undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION,FIVE HUNDRED THOUSAND($2,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attomey-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of Indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. wp 101110thANO 00 go : yrt ��.••••^ � • 4t•�••'"•••:�A' MERCHANTS BONDING COMPANY(MUTUAL) o' b•• Olt. j;40p 4 ar09.y'',Z' MERCHANTS NATIONAL BONDING,INC. Zai 2003 ?�' :y'•. 1933 :•'c; By G�� �� STATE OF IOWA }�"• *wePresident COUNTY OF POLK as. On this 2nd day of March . 2012,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing Instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. 4 MARANDA GREENWALT 44XA06 ,j(/�'}`'J1Py n L+r a F Commission Numberires J{ �" _ Mya�Issl Commission (�J1 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK as. 1, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a We and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this _dayof(�n! •/+ i^10 $4 •y;= 'm':•'G: Llai t!/7�, d' -11 p'O ' •s; 0- C2:—.C23Secrete ;x= 1933 ,tib ry POA 0014 11/11 sJ¢r`'' �]` .........bac• ��r.rr•W� Alscoi t, Inc. Surety Bonds 24901 Woodland Circle Lee's Summit,MO 64086 Phone(816)674-8067 Fax(816) 537-0441 April 18,2014 Re: Tench Construction,Inc. Fairway, KS Dear Sir or Madam: Please let this letter serve as notice that Tenoch Construction, Inc. is bonded by the Merchants Bonding Company(Mutual), which is listed as a U.S. Treasury Department approved surety. Merchants Bonding Company (mutual) is an "A"rated company. Based upon our solid relationship, and Tenoch's top rated performance,we are pleased to - state that Tenoch Construction,Inc. currently has bonding capacity available for single projects of$3,500,000 with a backlog program of$10,000,000. While there are no set limits,Tenoch Construction, Inc.has qualified for final bonds within these limits. It is understood the issuance of any final or bid bonds is a matter between the conriactor and the surety and no liability to third parties is assumed should bonds not be executed for any reason. We fully recommend Tenoch Construction,Inc. for your construction needs. You will find the company has a long proven track record of owner satisfaction and of bringing projects in on time and within budget. If you have any questions,please feel free to call. Sincerely, David S. Salavitch Attorney in fact,Merchants Bonding Company(Mutual) EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID Company Name: I Ph a ck Can 5fru G f n , vtC Primary Contact Name: [7uS E i Aj . Address: 10216 Mi b5ionRoad Phone: q(3- (071- -770& Fax: a(3 — (0-1( - 7307 Email Address: Sct�yra@+eKockcotsfwcfiiov�.cow Federal ID Number: I t+-1 f3 80 8�L 6 or SSN: Name of State in which incorporated. a K Date of incorporation: `t'/l o /Z©0 3 Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri,also attach Certificate of Authority to do Business in Missouri. Name of the following officers: President: S Or y G e'ju ra W r t C�, Vice-President: Ser"Ya S.,�G)Ura ( t lv Cit Secretary: ©itis+'vl tit - Du raj i GE Treasurer: Date of Organization: Type of Partnership: _General Limited _Association IVERSID CITY OF RIVERSIDE EXPIRATION DATE BUSINESS LICENSE 12/31/2014 DATEISSUEO I LICENSENUMBER 1/01/2014 0879 PRIDE M 01/R� LICENSE FOR LOCATION OF BUSINESS CONTRACTOR This license is to be displayed conspicuously at the location of business,and is not transferable or assignable. FEE CLASS $48.00 CONTRACTOR OUT THIS LICENSE IS ISSUED PURSUANT TO THE TENOCH CONSTRUCTION, INC. PROVISIONS OF THE CITY CODEOF THE CITY 6216 MISSION ROAD OF IDEANDAME MJTO. FAIRWAY KS 66205 Mayor n •w ;�S4Z7/�1 ClerTc T ,••.•,• 9•:•:�:'•:• �. Sam Brownback, Governor ansas Nick Jordan, Secretary Department of Revenue www.ksrevenue.org 'ITIRCATI 0f TAXCOMO Tenoch Construction, Inc. ISSUE DATE 02/07/2014 TRANSACTION ID CONFIRMATION NUMBER TCE9-563K-UDUM CVA7-229C-CUKU TAX CLEARANCE VALID THROUGH 05/08/2014 Verification of this certificate can be obtained on our website, www.ksrevenue.org, or by calling the Kansas Department of Revenue at 785-296-3199 / '?✓ `9+' 'v 'vr . }r.. .-j,r yr .;W `y `v y. �r .. `v ':v `v ''.✓: `±:. v." `�, .a 1 v .A i t 14 xr � �X F00737"6 1 1 ` CERTIFICATEOF 1 • . 1 . RECORDS _ TENOCH CONSTRUCTION, INC. 1, JASON KANDER, Secretary of of 1 1 Keeper of ue Great Seal thereof • • hereby certify that the annexed pages contain a full, true and complete copy of the original documents on 1 of • • in this office �i for • been • _ r IN TESTIMONY WHEREOF, Ihavesetmy hand and imprinted the GREAT SEAL of the State of Missouri, on this, the 2nd day of April, 2014 Secretary of State CenificationNiu 7 1 Ir 'ber: 16013685-1 1 Reference: Verify dds certificate 1 1 Names and addresses of all partners(use additional sheet if necessary): (Name) (Address) (City, State,Zip) (Name) (Address) (City,State,Zip) (Name) (Address) (City,State,Zip) 1. How many years has your Company been in business as a contractor under your present business name? I1 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: _. 11 3. How many years' experience in the proposed type and size of construction work has your Company had: (a)as a general contractor 1(_;(b)as a subcontractor I I ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: SEU AJTACC-�1-�) I� lNG� L©Cr Prosect Name or City Contact Name Phone Contract Amount$ When Completed? Description of Work Prosect Name or City Contact Name Phone I EXPERIENCE AND REFERENCE SUMMARY OWNER NAME&ADDRESS PROJECT,LOCATION&SCOPE CONTACT&PHONE NUMBER DATE COMPLETED $VALUE N.Pleasant Ave,KCMO Trinity Excavating,Kevin Cooper 913-829-6090 April 2012 $225,000 (Asphalt Work) Platte City Non-Profit Housing Parking Lot Platte City,Gary Durand 816-838-9009 July 2012 $130,000 (New Construction Concrete & Asphalt Work Playground Trail,Ft.Leavenworth Caman Construction,Juan Caman 816417-0470 July 2012 $110,000 (Walkway Trails— Grading, Flyash & Base Rock) Fire Station No. 3 Parking Lot, Liberty, City of Liberty,Chief Mike Snider 816-439-4310 December 2012 $203,290 Missouri New Construction Concrete Flatwork Route 13 Rehabilitation Higginsville, Ideker,Inc.,Jack Neel 816-364-9370 October 2013 $220,000 Missouri (Roadway Patching & Concrete Pvmt Repairs) Soccer Village,KCMO Superior Bowen,Chip Zuck 816-921-8200 October 2013 $440,000 (Concrete Flatwork) Vivion Road Bridge Replacement,KCMO L. G. Barcus&Sons,Inc., David Grossman 800-255- October 2013 $242,000 (Miscellaneous Concrete Work) 0180 Route 169,Broadway Bridge,KCMG Comanche Construction, Barclay Homung 913-621- October 2013 $151,740 (Bridge Specialty Coating & Concrete 2100 Repair) Route I-35/435 Bridge Maintenance, Comanche Construction,Tony Gosse 913-621-2100 November 2013 $160,000 KCMO (Bridge Specialty Coatings) Hwy 92,Kearney,MO MoDOT,Jack Neel 816-364-9370 November 2013 $620,000 (Miscellaneous Concrete Paving) GIZ Residential Resurfacing,KCMO JM Fahey,Dave Haggard 816-763-3010 November 2013 $311,400 (Utility Work) 2012 Designated Streets,KCMG Superior Bowen,Matt Bowen 816-921-8200 December 2013 $640,000 (ADA Ramps and Compliance) TENOCH CONSTRUCTION, INC. Contract Amount$ When Completed? Description of Work Project Name or City Contact Name Phone Contract Amount$ When Completed? Description of Work 5. What other important projects has your Company completed? Project Name or City Contact Name Phone Contract Amount$ When Completed? Description of Work Project Name or City Contact Name Phone Contract Amount$ When Completed? Description of Work Project Name or City Contact Name Phone Contract Amount S When Completed? Description of Work 6. List at least two engineering firms with whom you have worked, and the name of the individual who was your primary point of contact: d SS//�p�C. P ISS P. E 913-SISI .- 39 G1e42er,C,e. /�/ rLsc// '//I-CI9 2 - OgCO 7. Have you ever failed to complete any work on a project or defaulted on a contract? If so,where and why?(attach additional pages if necessary) rJ 0 -- 8. Name of your Surety Company, and the name and address of your agent you expect to use in the event this contract is awarded to you: /�IScofi � 1 ✓lG- 394-0 Ma(,19 (r'rcchdVLVJ, UO (Pg0:50 hoof, SulaVii(-L. 9. What is your present bonding capacity? S rn l `an Siri� e Ca (nuc'fy 1 V5 rn IIi ova total C a(2aC'1-� 10. List each and every incidence of failure to perform that resulted in a claim under a Performance or Payment Bond: N/A 11. The construction experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications of the following positions must be provided: GC Project Manager,On-Site Field Superintendent,QC/QA Manager,Safety Officer. & NAME KV a �e!r rck 1 a 6A Position Pr CSk,dex V Years of construction experience:`` 1 C(y`; tt Magnitude&Type of Work L o Vy 4i!4k ul rn I Co c-00yCh`ovk In What Capacity? Pr;me CO-1 c( SuL p v h aC�r Years of Employment with Contractor: I i Other projects this individual will be involved with concurrently with this project: V—< AJO , -K GL PLA-(atfc wDrf_ Education,professional registrations, certifications and credentials held by individual applicable to the Project: NAME DuStwv AA- Position R'ro 1 ect ktovta CeV, Years of construction experience: 2 0 yr S Magnitude&Type of Work eLkV v ( h w u'4 d Stvu Ch`ovl In What Capacity? P'<" �e 0.��( � u(�-JCD✓L -Kacfb r Years of Employment with Contractor: q y r5 Other projects this individual will be involved with concurrently with this project: KC /'Llj LLQ T��lo�i L uVeY<_ Education, professional registrations, certifications and credentials held by individual applicable to the Project: NAME M R Y k L- -Go oP Position Years of construction experience: 3©Y rS Magnitude&Type of Work k er,v hi G�(�W ay C ov Sff u Cfioh In What capacity? Pt wee CUn �Co rt �V LiC(oY -- Year;of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: C Nr' F V-CL PtLbl;(- pr6- e'-t -, Education, professional registrations, certifications and credentials held by individual applicable to the Project: // NAME Position Years of construction experience: Magnitude&Type of Work In What Capacity? Years of Employment with Contractor. Other projects this individual will be involved with concurrently with this project: Education,professional registrations, certifications and credentials held by individual applicable to the Project: TENOCH CONSTRUCTION, INC. 6216 Mission Road Fairway, Kansas 66205 — KDOT-DBE, MoDOT DBE, KCMO MBE, (8A) Bid Requirements for: -- Project Title: 2013-14 Street Maintenance Project City of Riverside, Missouri Project Number: 313-013 Experience of Competency to Perform Submittal: a) Experience Reference Summary—See attachment#1. . _ b) Key Project Personnel: GC Project Manager: Mark Sloop, P.E. — On-Site Field Superintendent: Dustin Durand/ Kurt Bowers QC/QA Manager: PSI Testing Safety Officer: Sonya Segura-Ulrich c) Key Project Personnel Background Information: Project personnel have well over 30+years of experience in Heavy/Highway Construction. d) Technical Elements: TENCOH CONSTRUCTION, INC. Will utilize its 11 years of construction experience and -- knowledgeable staff who are thoroughly experienced in all facets of heavy highway construction to complete the project. e) Summary of the Project Safety Plan for the Project: 1) TENOCH CONSTRUCTION, INC. has developed and maintains a company safety plan & policy to ensure full compliance with OSHA and other regulatory agencies guidelines. Key elements of the Plan are to provide each worker with the tools&equipment necessary to ensure a safe working environment. A copy of the TENOCH CONSTRUCTION, INC. Safety Plan is available upon request. 2) TENOCH CONSTRUCTION, INC. is in full compliance with and adheres to OSHA. 3) Statement of Bidder's Experience Modification Ratio (EMR)—See attachment#2. - Tenoch Construction 6216 Mission RD. Fairway, Kansas 66205 --- Evidence of Competency to Perform Submittal Page 2 of 3 f) Summary of Bidder's Quality Assurance/Quality Control Plan for this project: TENOCH CONSTRUCTION, INC.will employ the services of a licensed testing firm which is in good standing with the City. g) Statement regarding all work performed two(2)years immediately preceding the date of the Bid of any written notices of violations of any federal or state wage statue: TENOCH CONSTRUCTION, INC. is in good standing with both Federal and State agencies—No violations have been issued. TENCOH CONSTRUCTION, INC. is current on payment of Federal and State income tax withholdings and unemployment insurance payments. h) Statement regarding all work performed two(2)years immediately preceding the date of the Bid of any written notices of violations of any federal,state or local DBE/MBE/WBE Program and any damages assessed: TENOCH CONSTRUCTION, INC. is in good standing with the Federal,State and Local DBE/MBE/WBE Programs—No violations have been issued. TENOCH CONSTRUCTION INC. has met all Program requirements. I) Statement that the Bidder has not been rescinded or debarred from any bidding, contractual, procurement,or other such programs by federal,state or local entities: TENOCH CONSTRUCTION, INC. has not been rescinded or debarred from bidding, contractual, procurement, or other such programs by federal,state or local entities. j) Statement that the Bidder is current on payment of Federal and State income withholdings and unemployment insurance payments: TENOCH CONCSTUCTION, INC. is current on payment of Federal and State income tax withholdings and unemployment insurance payments. k) Statement of Bidder's litigation and/or arbitration history over the past five(5)years including final ruling: TENOCH CONSTRUCTION, INC. has not been involved in litigation or arbitration proceedings with Federal or State agencies within the past five (5)years. Tenoch Construction 6216 Mission RD. Fairway, Kansas 66205 Evidence of Competency to Perform Submittal Page 3 of 3 1) Statement of Bidder's bond history over the past five(5)years including any incidences of failure to perform: TENOCH CONSTRUCTION, INC. has not defaulted or failed to perform. TENOCH CONSTRUCTION INC. available credit is unlimited. Additional information is available upon request. The undersigned hereby certifies the information provided herein in verification of the recitals comprising the Bidder's Evidence of Competency to Perform as required in Item#3 of the Instruction to Bidders is true and correct. Dated this 13th day of May, 2014. Name of Bidder: TENOCH CONSTRUCTION, INC. y� By: (lPon�R�Gi%IAt Title: _ Kcat,[Sa S State of Missouri ) SS — County of Jackson ) —SWla being duly sworn deposes and says that he/she is PreSijeGcF of TENOCH CONSTRUCTION, INC. and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this (`C day of 2014. �pti'a`Pue4C DUSMA D 0 ln. MYAWPtEXIX ! 20/ Notary Public My Commission expires h 2011Y Tenoch Construction 6216 Mission RD. Fairway,Kansas 66205 12. List the major items of equipment which you own or which will be used on the project: - Age in Quantity.Description.&Capacity Years Condition t /�� ��GtC�lC7L(L�✓ Cur'rekJ C4 Caf S(<, Gk -Feer ao'd (gat e)ac� kO2 v C�yr�cf7uooAte(/ o°o`Q �O..J ti�C u/I/.fF 2 (C...nri ✓n.rcr/r.�E 1 l � ��'�.,i 'yA ( "C 13. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven(7) year; - that involved litigation of any type, arbitration, mechanics lien claim or other claim in an amount over$10,000(include pending cases with a notation that the matter is still unresolved): 14. On atypical project, what percent of the work is completed by your own forces? CIO % What percent by subcontract? O %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract I;e4(- n - Altul,G lU;rt 8 og'er(� 1C) °o 1 S. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? If the answer is no,please provide detail: - 8:59 AM Tenoch Construction, Inc. 05/14114 Fixed Asset Listing May 14, 2014 Item FAM Number Purchase Date Purchase Description Account Cost 1993 GMC Truck-319 03/16/2005 AS IS/Mileage 1779955 1510- Equipment,n... 7,000.00 1996 Stav Trailer-021 06/29/2006 Used Trailer 1510. Equipment,n... 1,000.00 1999 Ford F250 JA 10/08/2013 Regular Truck 1510- Equipment,n... 1,750.00 2000 Power Curb 5700... 12/31/2007 Curb&Gutter Machine 1510- Equipment,n... 97,638.00 2002 Unit.005 Ford Tru... 12/31/2012 F-250 Diesel 1510 Equipment,n... 5,000.00 2013 Kirks Trailer 10/03/2013 Flatbed 18 x 82 1510. Equipment,n... 2,662.98 Craets400-14 Saw Con... 04/05/2007 quickie saw 1510- Equipment,n... 844.07 Hillsboro 418 Trailer-022 12/12/2007 Hilsboro 418 Trailer 1510- Equipment,n... 4,667.00 Hilti Drill-044 02/16/2010 Hammer Drill 1510- Equipment,n... 525.36 Huskavarna FS4800 D 02/06/2012 Traded for the Dimas saw 1510- Equipment,n... 12,000.00 Skid Steer Model 2488... 05/25/2007 Caterpillar Skid Steer Lo... 1510- Equipment,n... 25,124.30 SOLD 2000 Ford Explo... 09/28/2007 4wd truck suv 1510- Equipment,n... 3,000.00 SOLD Cronkite Trailer... 09/25/2006 Logan 12Trailer for saw 1510. Equipment,n... 1,145.00 SOLD2005 Unit.006 Fo... 12/31/2012 F-250 Diesel 1510- Equipment,n... 9,000.00 SOLDFord F-550-010 08/08/2008 1999 Pickup 1510- Equipment,n... 7,000.00 Storage Unit-000 02/18/2008 40 ft storage unit 1510- Equipment,n... 2,558.40 Umt.7 Ford Truck 2007... 12/31/2012 F-150 Gasoline Super Cab 1510- Equipment,n... 5,000.00 Unite.018 2013 Elite 12/31/2012 Goose neck trailer 1510- Equipment,n... 7,614.19 Vacuum 11/11/2010 Briggs and Stratton 1510- Equipment,n... 1,200.00 16. Has your Company, or any principal in your company, been rescinded or debarred from any bidding, (�contractual, procurement or other such programs by federal, state or local entities? _&7_—. If the answer is yes,please provide detail: 17. Has your Company received any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties Nyere assessed against your Company or paid by your Company during the last two(2)years? N A If the answer is yes,please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any such information to the City of Riverside. Dated on behalf of said Company this L4 day of Al c" 2014. By:--JL `(A Title State of 41AtSOs ) . ( )ss County of '.�;Mfyl ) being duly sworn,deposes and says that he or she is the T✓&�Aetc4 of Pw o&f (ov S�vuCficv mac.Company,that he/she has been authorized by such Company to complete the foregoing statement,and that the answers to the foregoing questions and all statements therein contained are true and correct. _ Sub . day of My � 4 . #otP&kusllC t)U8T9d11 DlN1AND MrMnLENP. My commission expires: gotary Pub tc AFFIDAVIT for WORK AUTHORIZATION -- (as required by Section 285.530,Revised Statutes ofh issottri) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE:Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1996(IBCA),P.L.99-603. KNOWINGLY:A parson acts knowingly or with knowledge, (a)with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circmnstanoes exist;or (b)with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN:An alien who does not have the legal right or authorization under federal law to work in the United States,as defined in 9 U.S.C. 1324a(hx3). State of V—Lt-L sats ) County of I ole VXSov ) ss: BEFORE ME, the undersigned notary, personally appeared who, being duly sworn,states on his/her oath or affirmation as follows: I.My name is Oiqtiyo- a LLIr,'c.l„ and I am currently the DesiJet,e( of ekleci Strw (hereinafter "Contractor', whose business address is (a Z(ta A Li s5 ion2ard Ywu(, K�, 44,209- and I am authorized to make this Affidavit. 2.1 am of sound mind and capable of making this Affidavit,and am personally acquainted with the facts stated herein. 3.Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: 2013-14 STREET MAINTENANCE PROJECT(Project No.313-013). 4.Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant saith not. - �8rthua�, ��rutc� -LPh,.& Signature ofWrantn Printed Name: 'SP4tkV6k Wv'cL, J Subscribed and swom to before me thisday of 2014. aotna e��c DUsnN M.DURAND (,tygppt,ptp, q1 JNotary Publi OFM fSE NOTE:Acceptable auoilmem and participation dwo nervation consists of the following 2 pages of the E•Verify Memorandum of Understanding: (1)a valid.completed copy of the first page identifying the Contractor,and (2)a valid copy of the sipsature page completed and signed by the Contractor,and the DepaMsmt of Homeland Security—Verification. -- Kansas Phone: 785-296-22Fax: 786-296.279935 Dwight D.Eisenhower State Office Building Hearing Impaired-711 700 S.W.Harrison Street Department of Transportation publicinfo(okadot.org Topeka.KS 66603-3745 Division oI'Operations httn'IA..ksdot.. -- Mike King,Secretary Sam Brownback,Governor Catherine M.Patrick,P.E.,Director February 6, 2014 Troy R Whitworth,Assistant to the Director ary VENDOR ID : 02367 TENOCH CONSTRUCTION INC 6216 MISSION RD FAIRWAY.KS 66205-3253 A review of your financial statement has been made and you are now qualified with the Secretary of Transportation, Kansas Department of Transportation,to bid on the class, or classes, of work indicated beiow thus(X). The aggregate amount of your contracts with the Secretary of Transportation, plus the unearned amount of all your other contracts in this state and/or any other states, shall not exceed $3.000,000 A. Grading. B. All Structures. C. RC Box Structures,Culverts and Other Miscellaneous Concrete. D. Light Surfacing, including Subgrade Modification,Bituminous Sealing,Bituminous Surface Treatments,Aggregate Surfaces. E. Base Courses -Pugmill Type Bases, including Aggregate Base Concrete and Road Mix; except Plant Mix Bituminous and Portland Cement Concrete Base Courses. F. Plant Mix Bituminous Mixtures. G. Portland Cement Concrete Pavement. H. Seeding and Roadside Improvement, excluding Rest Area Structures and Buildings. 1. Rest Area Structures and Buildings. J. Electric Lighting and Traffic Signals. K. All Signing and Delineation. L. Minor Signing(Post Mounted). M. Pavement Marking. N Guard Ra;l and Fin., ^.e O. Bridge or Structure Painting. -_ P. (X) Miscellaneous(Light Construction not otherwise classified): Curb and Gutter,ADA Ramps, Sidewalks,Approach, Pavement,Milling,Asphalt f Catherine M. Patrick, P.E. Director, Division of Operations Missouri Regional Certification Co mi ee *Metro *City of St. Louis *City of Kansas City *Kansas City Area Transportation Authority A+Rssoud Regional • Missouri Department of Transportation Catkaum Comrase • East-West Gateway Council of Governments In accordance with the requirements for certification as a Disadvantaged Business Enterprise (DBE) as defined by the U.S. Department of Transportation's 49 CFR Part 26, the Missouri Regional Disadvantaged Business Enterprise Unified Certification Program presents this DBE Certificate to: TENOCH CONSTRUCTION, INC: 4YeDirectEor; Humamn Relations Date Issued: June 17.2013 Certification Codes: Annual Report Forms are avallable online at vmw.kcmo.oro Specialty Trade Contractors NAICS 238990 (Concrete Paving,Asphalt Paving, Curbs&Gutters) Culverts,highway,road&street construction NAICS 237310 You are responsible for submitting your annual paperwork 60 days prior to expiration. +a si.s CITY OF DSAS CIT'Y, WSSOUN Human Relations Department 414 E. 12*Street,4N'Floor Kansas City,Missouri 64106 • (816) 313-1810 Phone LANSAS CITY (816) 513-1805 Fax U I S 8 0 U a 1 In accordance with the requirements for certification as a minority Business Enterprise (MBE) & Small Local Business Enterprise (SLBE) as defined by Chapter 38 Code of General Ordinance it has been determined that your firm does qualify for participation in the MBEISLBE Programs. The work performed by your firm will only count toward contractual MBEJSLBE goals, The Department will monitor the operations of your firm to ensure .. that it continues to operate in compliance with the regulations and intent of the MBE/SLBE programs: T`ENOI `H CONSTRUCTION, INC 1p el ,Director of Human Relations Date Issued: June 17.2013 Certification Codes: Annual Update Forms are available online at www.kemo.ora Specialty Trade Contractors NAICS 238990 (Concrete Paving,Asphalt Paving,Curbs&Gutters) Culverts,highway,road&street construction NAICS 237310 PLEASE NOTE:Each year you must provide an Annual Update Form 60 days prior to your certtfrcatton anniversary date. 03112 DBE Details Page I of 1 DBE Details DBE Name: ITenwh Construction Inc. Vendor g: 26553 CEO Name: ISonya Segura Ethnicity: Lafino/Hispanic American Address: 16216 Mission Road Gender: emale Classification: BE City: Faimav Agency: ICIW of Kansas Ck County: © District:® DBE Status: enified ACDBE:O State: 0 Zip Code: 6205 Phone: 13671-7706 Fu: 13-671-7307 Email: bonya0tenochmnstruction.cflm NA7CS oekT Code Description 238W 711 Offier Speemity Trade Contractors 23]310 Highway,3trset,and Bridge Consnaction-Highway,Street&Bridge Construction _ Rsaum htto://www.modot.ore/MRCC/common/publicResults.faces 5/13/2014 NSAS STATEWIDE CERTIFICATION PROD • CERTIFIES Teno(,h Cnncu'uction, Inc. x a IVY11(kantaged Bnsiurss Enwrprist, (1J/3E0Vouurn /9asiness Ewerp rise OWE) r 6A NAICS Code/Wodl l yi)c(s); 23731(Allighiiay,Sfreet,& Bridke('onstruction(('oucrele �I p& R Y 29 Flala•or•k),23A990-Alt 01her Specialty Trade('ontractor 5/2/2012 Effective Date Rhonda Harris, Director Doria Watson, Administrator Office of Minority & Women Business Office of Civil Rights Kansas Department of Commerce Kansas Department of Transportation AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND FOR COMPLETION OF 2013-14 STREET MAINTENANCE PROJECT Project No. 313-013 CONTRACTOR: Te n o h RESOLUTION/ORDINANCE NO.: 'R - D C) H - 0 3 3 CONTRACT PRICE: S a q 0) q a 00 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2013-14 STREET MAINTENANCE PROJECT Project No.313-013 THIS AGREEMENT, made and entered into as of the AL day of -rV h e 2014, by and between the City of Riverside, Missouri ("City"), and Te-noc h CcK�Sj ruc:tian ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. 1 WHEREAS, City, under the provisions of Ordinance / Resolution No. R-ofO I `'>' -031 duly approved on the,;,26! day of YTI a 2014 and by virtue of the authority vested in City by the general ordinances of City,intends 1b enter into one or more contracts for the Project;and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement;and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained,IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: A. "Contractor"A person, firm, or corporation with whom the contract is made by the City. B. "City"The City of Riverside,Missouri. _ C. "City Administrator"That person designated by the City as the City Administrator. D. "City Engineer" The following Engineer to the City of Riverside, Missouri: Travis Hoover, 816-372-9004. City of Riverside . E. "Project" The building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. F. "Project Manager" The following project manager employed by the City of Riverside to manage the project on behalf of the City: Travis Hoover, 816-372-9004. City of Riverside. G. "Subcontractor" A person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. H. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. I. "Work" or "Work on the Project" Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit E (Scope of Work)and Exhibit F(Technical Specifications) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. J. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative on the work. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2)generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The City Engineer/ Project Manager shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The City Engineer/ Project Manager may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The City Engineer/ Project Manager will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The City Engineer/ Project Manager will not be responsible for the construction means, controls, techniques, sequences,procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the City Engineer/ Project Manager, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, the Contractor shall cavy out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor thesum of T. 1-huty6ce6 r\Nnt-;y" -VholAsc.r,d n,ne- Fva��ce c� t oe4 -�;,,r_3 n oo///itv-Dollars ($ )9 0 q a K , v", ). Thi amount shall include , all costs, permit es, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the"Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and (2) final payment for all unit price items set forth in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent(10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE of performing the Work. Any increase in quantities of materials or work performed as a result of over-excavation by Contractor will not be compensated. C. Payment of the Contract Amount 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 Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's Bid for Unit Price Contracts. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK/SUBMITTALS A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof,not later than 60 calendar days after the date set forth in the Notice to Proceed for commencement of performance of Work, and shall complete each individual scope of work per milestone dates listed in Exhibit D. The Contractor will proceed with the work at such rate of progress to insure Substantial completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work as set forth in the Contract Documents, Contractor shall pay City S 00 per day, as liquidated damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all the Work is achieved. Contractor agrees that the sum of $ 0 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Contractor's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by or the City for such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise any of its default or termination rights under this Agreement under all circumstances described herein, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, acts of the City, acts of another Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the Contractor has given written notice of such delay to the City within five(5) days of the event causing such delay. D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, 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 VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project site in the number,type,and stage as enumerated below: 1. Pre-Construction photos - minimum of 20 ground level digital shots with date of capture imprinted on the photo 2. Construction photos of significant changes- minimum of 20 ground level digital shots with date of capture imprinted on the photo 3. Post Construction photos - minimum of 20 ground level digital shots with date of capture imprinted on the photo G. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. SUSPENSION OF WORK. The City may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to any suspension I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the City Engineer/ Project Manager in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. J. SHOP DRAWINGS. Contractor shall submit to City Engineer/ Project Manager for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the City Engineer/Project Manager. Review of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. When submitted for the City Engineer/ Project Manager's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by City Engineer/ Project Manager any shop drawings, samples, product data, manufacturers' literature,or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City Engineer/ Project Manager's review does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the City Engineer/Project Manager. K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the City Engineer/Project Manager. Materials, supplies or equipment to be incorporated into the work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the City Engineer/Project Manager timely notice of readiness. The Contractor will then furnish the City Engineer/ Project Manager the required certificates of inspection, testing approval. Inspections, tests or approvals by the City Engineer/ Project Manager or others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The City Engineer/ Project Manager will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials,payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. If any work is covered prior to inspection by the City Engineer/Project Manager it must, if requested by the City Engineer/ Project Manager, be uncovered for the City Engineer/ Project Manager's observation and replaced at the Contractor's expense. If the City Engineer/ Project Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the City Engineer/ Project Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the City Engineer/Project Manager may require, that portion of the work in question, furnishing all necessary labor,materials,tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work rejected by the City Engineer/ Project Manager for failure to comply with the contract documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement.All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the City may remove such work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain all lands and rights-of-way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards,stakes for pipe locations and other working points,lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith,the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the work. Q. SUBSURFACE CONDITIONS. The Contractor has the responsibility to become familiar with the Project site and the conditions under which work will have to be performed during the construction period prior to bidding. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means, methods, techniques, sequences and _.. procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. INFORMATION FOR BIDDERS 2. EXPERIENCE QUESTIONNAIRE 3. AFFIDAVIT OF WORK AUTHORIZATION 4. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 5. PERFORMANCE BOND — 6. PAYMENT BOND 7. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 8. SCOPE OF WORK 9. TECHNICAL SPECIFICATIONS and DRAWINGS 10. BID FOR UNIT PRICE CONTRACTS B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing _ and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category,multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Partial Payment to the City Engineer/ Project Manager. In addition to the amount of payment requested in the Application for Partial Payment, each application shall list the original Contract Amount,the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, review and approve such Application, or return the Application to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from 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 City Engineer/ Project Manager and Administrator. City Engineer/ Project Manager shall review each application for payment and certify for payment such amounts as City Engineer/ Project Manager determines are due Contractor. From the total amount certified, City shall withhold five percent (5%) as retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved,the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage),payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. 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. E. Neither Administrator or City Engineer/ Project Manager's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by -- City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that(except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment,all requirements of the Contract Documents are complied with, and City Engineer/ Project Manager issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit N. City, within thirty (30) days after the delivery of Engineer's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. ._ J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to subcontractors, laborers, workmen,mechanics,materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of _ . the Work have been paid,discharged or waived. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly.Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Contract. ARTICLE VII — CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion,or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance,the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by application of such unit prices to the quantities of the items involved;or 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance,an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in -- the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. .__ ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 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 for damage to property and/or illness of, injury to,or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: a. Each occurrence $2,700,000.00 b. General aggregate $2,700,000.00 c. Products/completed operations aggregate$2,700,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, - hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of$2,700,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: Bodily injury by accident$1,000,000.00 Bodily injury by disease$500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than `B+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the work only. Each policy providing general liability coverage or automobile liability coverage(including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than ten (10)years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk"or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they _ . may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall famish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1)the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, _ disease,or death or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable,the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier _ under workers' compensation acts,disability benefit acts,or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly ' or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating,making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer, or - inspector of or for the owner who is authorized in such capacity and on behalf of the City to exercise any legislative,executive, supervisory,or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part -- thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. ARTICLE XII RECORDS REGARDING PAYMENT _ For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. _ For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work,not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: For Contractor: City Administrator SrnL4c, 5d:q L\m, u l c i(_11 City of Riverside, MO Te.r\c),_Y, C4V S+rJ"'tSQh Snc- 2950 NW Vivion (off ll4 1Yl S S ion Rbo cl Riverside, MO 64150 f c:w wow^ N-Ys (s CP�) O with a copy to: Project Manager/City Engineer Travis Hoover, City Engineer _Riverside City Hall 2950 NW Vivion Road Riverside, MO 64150 - B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to - the other party at the address set forth herein, or delivered in person to said party or their authorized representative. -- C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have, terminate the services of the Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method the City may deem expedient to correct the default,at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and " its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site,en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ " Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses,charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. -- D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more _ than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the City Engineer/ Project Manager and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City,without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of(1)defective work not remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages to another contractor, or (6) performance of work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason, and without Contractor's being in default,terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply with all federal, state, and local laws, ordinances, Hiles, regulations, orders, and the like applicable to the Work. 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 craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit K shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of$100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any Subcontractor. B. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. C. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen(16)years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment, without regard to their race, -- color, religion, sex, or national origin. Such action shall include, but not be limited to, employment, upgrading,demotion,or transfer;recruitment,or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. ARTICLE XIX SUBCONTRACTS, ASSIGNMENT,OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person _. or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the project or the City may let other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITElCLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access,both vehicular and pedestrian, around the site of the Work and all adjacent areas. B_ Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times, during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill,care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the work that the completed work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all work in this contract. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the work and damage caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shalt remain in full force and effect through the warranty period. Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY - A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury,or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 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. The Contractor will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten(10)hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor,for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing,hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project,and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers,employees,or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PERFORMANCE AND PAYMENT BONDS The Contractor shall within five (5) days after the receipt of the Notice of Award furnish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount at least equal to one hundred percent (100%) of the contract price, conditioned upon the performance by the Contractor all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds"as published in the Treasury Department Circular Number 570 and shall have a rating of at least "A-" from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within five (5) days after notice from the City to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable,the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. 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 XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not • DATE(MMIDDNM) A� CERTIFICATE OF LIABILITY INSURANCE 6/9/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Brid ett MC uerre G M Peters Insurance PHONE FAX A 050 11 N. Water Street AIC E - - AIC No:A 16- - E-MAIL Liberty MO 64068 ADDRESS: bridgettm@qmlaeters.com PRODUCER CUSTOMER ID M:TENOC-1 INSURER(S)AFFORDINGCOVERAGE NAIC1 INSURED INSURERA:The Cincinnati Insurance CO Tench Construction, Inc INSURER B: 6216 Mission Rd Fairway KS 66205 INSURERC: INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:2110355583 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR A L POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDM'VY MMIDDIYYYY A GENERAL LIABILITY Y Y EPP0157871 9/1/2013 9/1/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE OCCUR MED up(my me person) $5,000 PERSONALS ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 1-1 POLICY X PRO-JECT 1-1 LOC $ A AUTOMOBILE LIABILITY Y Y EPP0157871 9/1/2013 9/1/2014 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) A1NY AUTO BODILY INJURY(Per person) $ ALLOWNEDAUTOS BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accitlenQ NON-OWNED AUTOS X A X UMBRELLA LIAB X OCCUR Y Y EPP0157871 9/1/2013 9/1/2014 EACH OCCURRENCE $2,000,000 E%CESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ A WORKERS COMPENSATION Y WC2120830 9/1/2013 9/1/2019 WC STATU- OER AND EMPLOYERS-LIABILITY YIN ANY PROPRIETORrPARTNEWEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory In NH) K s,describe under DESCRIPTION OF OPERATIONSbaIOW E.L.DISEASE-POLICY LIMIT $1,000,000 A Contractors Equipment EPPOIS7871 9/1/2013 9/1/2014 Leased $215,000 Rented Equipment $231,400 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Project: 2013-14 Street Maintenance Project - Project No. 313-013 City of Riverside, together with its employees and officers is named as Additional Insured in respects to General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Riverside Missouri 2950 NW Vivion Road Riverside MO 64150 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their -- authorized representatives. Approved as to form: CITY ATTOR /NEY: n _ By: P 1 City Attorney Countersigned by: CITY UR SING AGENT: By: g City AcMinistrator CITY OF RIVERSIDE y � ATTEST: Ka en L. Rose Ma Mayor 6 Robin Littrell, City Clerk CONTRACTOR: I evto C.k Cpnstru.e'flOK '';rete—. By: ,amu I.¢a A&'r.-ua (Signature) Printed Name: SON& Title: tyre 5 i de Kf ATTEST: SECRETARY, N4• ✓Rl4N,y (Name Printed) EXHIBIT A PERFORMANCE BOND Bond No. MOC70562 — FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for construction of 2013-14 STREET _ MAINTENANCE PROJECT (Project No. 313-013), dated , 2014, designated Ordinance / Resolution No. R-2014-033 in every _ particular, Tenoch Construction Inc. (insert name of Company], as Principal, and Merchants Bonding Company (mutual) (insert name of surety], as Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors, and assigns,jointly and severally, unto the City of Riverside, Missouri, ("City'l in the total aggregate penal sum Of Two hundred ninety thousand nine hundred twenty five & no/00 Dollars ($ 290,925.00 )lawful money of the United States,by these presents: THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term thereof, and any extensions thereof which may be granted by the City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy — all claims and demands incurred under such Agreement, and shall fully indemnify and hold harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall — reimburse and repay the City for all outlay and expense which the City may incur in making good any default,then this obligation shall be void,otherwise to remain in full force and effect. PROVIDED FURTHER, Surety hereby stipulates and agrees that no change,extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work or to the specifications. _ PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the _ Agreement not increasing the Agreement price more than twenty percent(20%), so as to bind the Principal and the Surety to the full and faithful performance of the Agreement as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond or the Agreement, shall include any alteration,addition,extension,or modification of any character whatsoever. The Performance Bond above is accepted by the City Attorney this i day of �•• h ,2014. Tenoch Construction, Inc. CONTRACTOR AS PRINCIPAL By: (Signature) Printed Name: Title: I Hereby certify that (1) I have authority to execute this _ document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list _ of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring — Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in _ the jurisdiction in which the Project is located. Merchants Bonding Company (mutual) SURETY By. (Si110 gnature)Printed _ Printed Name: David S. salav;toh Title: attorney in fact — Note: Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT. If Contractor is a partnership,all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED MERCHANTS _ BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), — and that the Companies do hereby make,constitute and appoint,individually, David S Salavitch Of Lee's Summit and State of MO their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds,undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any such Instrument shall not exceed the amount of'. — TWO MILLION,FIVE HUNDRED THOUSAND($2,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Feet, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Atlomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. _ "rhe President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Moe President shall have power and authority to appoint Aftomeys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,moognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or elachonic transmission to — any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. *�IOtI,k �Q� Grp'• MERCHANTS BONDING COMPANY(MUTUAL) O: PO `4r �.4� ,s0=v0 .>/� MERCHANTS NATIONAL BONDING,INC. W. it 2003 +chi :y 1839 % ti :vy ic. BY — STATE OF IOWA doh' 7� '�.� * `• ' COUNTY OF POLK as. Preffident"'•'' On this 2nd day of March , 2012,before me appeared Larry Taylor,tome personally known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that One said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seel at the City of Des Moines,Iowa,the day and year that above written. . MARANDA GREENWALT — Com October 8,Numbe2014 710312 O My pExpires IL Notary Public,Polk County Iowa STATE OF IOWA COUNTY OF POLK as. 1,*Wiliam Werner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby ceriffy that the above and foregoing Is a true and correct copy of One POWER-0F-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witless Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of N„nwaw, •••••rI•,• 1t10t�( O�N0•. O,yA• �`'.• 2003 1899 .:c-: Secrerery ,rt POA 0014(11/11) b,%y"•"••» �j� ••bt�ly" '� A� EXHIBIT B Bond NO. MOC70562 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that Tenoch Construction, Inc. a corp. [insert corporation, partnership or individual], hereinafter called Principal, and Merchants Bonding Company (mutual) [insert nameof surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI — ("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate penal sum of Two hundred ninety thousand nine hundred twenty five & no/OODollars ($290,925.00: ) in — lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. _ THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain Agreement with the City, dated the 10�? day of a 2014, for the construction of 2013-14 STREET MAINTENANCE PROJE (Project No. 313-013) approved by Ordinance/Resolution No. R-201 4-033 NOW, THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor,or otherwise,then this obligation to be void,otherwise to remain in full force and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties,for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract Documents or to the Work. The ayment Bond above is accepted by the City Attorney this day of 2014. _ Tenoch Construction, Inc. CONTRACTOR AS PRINCIPAL By: A t!Lk, (Signat Printed Name: Sowy� �d .rt U lr lh Title: as,duti F I hereby certify that(1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; _ (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds — and Acceptable Reinsuring Companies: as published in Circular 570 _ (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. Merchants Bonding Company (mutual) Biy�J•RE//�� 1 ture) Printed Name: David S. salavitch Title: attorney in fact Note• • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT If Contractor is a partnership,all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED MERCHANTS BONDING COMPANY» POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies/, and that the Companies do hereby make,constitute and appoint,Individually, David S Salavitch Of Lee's Summit and State of MO their true and lawful Attomey-in-Fact,with full power and authority hereby conferred in their name,place and stead,to sign,execute,acknowledge and deliver In their behalf as surety any and all bonds, undertakings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of. TWO MILLION,FIVE HUNDRED THOUSAND($2,500,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the ads of sold Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. 'The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-In-Fad,and to authorize them to execute on behalf of the Company,and attach the seal Of the Company thereto,bonds and undertakings,reoognizences,contracts of Indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or ebctronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this Instrument to be signed and sealed this 2nd day of March , 2012. . "'*j�Qt�,� •�0 CQ. . MERCHANTS BONDING COMPANY(MUTUAL) hq �p5r��jd•:p1 aPO 9/ .`: MERCHANTS NATIONAL BONDING,INC. 0- xj° 2003 J .,&. 1933 'c• G,�7"y�. • BY STATE OF IOWA110 it •, COUNTY OF POLK as. �� ••{'••••• President On this 2nd day of March , 2012,before me appeared Larry Taylor,to me personally known,who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing Instrument is the Corporate Seals of the Companies;and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first above written. MARANDA GREENWALT 444ZQL,-n j4.4� l� Commission �r nExT70312 MyCommission �pires k6sr24 m1 /t BVI Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK as. I, Wllllam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby car'%mat the above and foregoing is a true and coned copy of the POWER-OF-ATTORNEY executed by said Companies, which is,till in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal dive Companies on this day of vti 2003 •`' 1935 is secretary POA 0014(11/11) �/y •••«• 7 •.• n•N EXHIBIT C PREVAILING WAGE RATES Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards,Jefferson City,Missouri. Missouri (Division of Labor Standards WAGE AND HOUR SECTION H O � 5 O JEREMIAH W. (JAY) NIXON, Governor Annual Wage Order No. 20 -- Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) clays after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and -- Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449,Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Robert A.Bedell,Acting Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 8, 2013 Last Date Objections May Be Filed: Avril 8, 2013 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for PLATTE County Section 083 OCCUPATIONAL TITLE '•Date of Hourly Time Noway Total Fringe Benefits Increase , Rates Schedule Schedule Asbestos Worker H 8 F Insulator $34.54 52 53 .13 Boilermaker $32.72 57 7 26.89 Brfckle..erand a tone Mason $33.40 58 39 16.65 ter S38.05 63 68 13.60 Cement Mason 31.08 65 4 816.20 Eiaclflctan Imide amen $34.83 13 72 15.25+1 _ Efectriclan Oulslde•Una ConsauctioriWneman $38.40 125 65 5.00+34.5% Llnenum raku $35.82 125 65 .00+34.5% OrourMman 5.44 125 65 5.00+34.5% CorrrmuMcetlori Techrdden .43 47 72 15.25+10% Eieva Constructor a .010 26 BA. 28448 Engineer r3rou 1 538.15 85 4 Gro It - $14.21 Ore 111 '34 a5 4 $14.21 _ Gro III-A $29.79 85 4 14.21 Gr p7 $34.00 85 4 $14.21 Grou V $31.39 85 4 $14.21 PI a Finer $40.08 2 33 $19.07 Glazier $30.47 68 32 16.03 Laborer Build General $25.75 30 4 $13.75 First Semi-Skilled 28.15 30 4 13.75 Second SemISklOed $26.55 30 4 Lather $13.75 _. USE CARPENTER RATE Linoleum L and Cutter $33.82 46 67 $13.80 Mere Meson 32.42 25 4 14.56 MAkvri t 38.05 83 88 Ironworker $29.00 50 4 13.80 - 25.55 Painter $28.31 37 q $14.56 Plasterer Plumber $25.12 66 4 $18.53 $37.46 45 33Pilo _-.x•41 RGODdver $38.05 63 B6 Rooted Wa Worker 13.80 txel Metal Worker 532.25 98 2 14.34 .39 17 22 17.73 alder Filler•Fire Prot An 33.88 14 4 $18.47 Terc"azzow "ter orker 32.42 25 4 $14.58 Tile l Driver-Teamster $32.42 25 0. $14.56 Trodr Orou I __ 0.09 100 4 Grou 11 -_ $30.09 100 q _ 510.80 Grou 111 30.29 100 4 10.90 Gm N 0.29 100 4 570.90 -- Traffic Control Sgvlce Driver 515.35 48 q9 $2.71 Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at(573)751-3403. 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.20 31t3 Building Construction Rates for PLATTE County Footnotes Section 083 sale Ver- OCCUPATIONAL TITLE "Date of Hourly Time Holiday Total Fr(nge Benefits Increase Rates Schedule Schedule Welders receive rate prescribed for the occupational title performing operation to which welding is Incidental. Use Building Construction Rates on Building construction in accordance with the ciassifications of construction work established to 8 CSR 30-3.040(2), Use Heavy Construction Rates on Highway and Heavy construction In accordance with the classifications of construction work established in 8 CSR 30-3.040(3). a-Vacation: Employees over 5 years-8%,under 5 years-6% ANNUAL WAGE ORDER NO,20 30 PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 %)shall be paid for all work In excess of forty(40)hours per work week. NO. 2: Means the maximum of eight (8) hours shall constitute a days work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m.to 4:30 p.m. The maximum work week shall be forty(40)hours beginning Monday at 8:00 a.m.and ending Friday at 4:30 p.m. Because of traffic, parking or other circumstances,the hours of work on any project may be any continuous 8% hours period (8 hours of work plus 30 mtrwtes 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 tan (10) hour days, between the hours of 7:00 a.m. and 8:00 p.m. Monday through Thursday, with one-half(%)hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten(10)hours in a workday,or forty(40)hours in a workweek,overtime shall be paid at a rate of one and one-half(11%) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one- half(1%) limes the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2)time rate of pay. labor Day shall be paid at triple(3)time. Shift work may be performed at the option of the Contractor. However, whenever shift work Is performed it must cover a period not less than(5)consecutive working days. The day shift shall work a regular eight(8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half(7%)hours.work for eight(8)hours pay. Third shift employees shall be paid an additional$0.50 above the regular hourly rate and work seven (7)hours for eight(8)hours pay. In the event a first shift is not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. NO. 13: Means a regular workday shall consist of eight (8)hours between 8:00 a.m. and 4:30 p.m. Forty(40)hours, within Ova (5)days -- Monday through Friday inclusive -- shall constitute the regular workweek. The Employer may alter the above staled hours by two(2)hours for an early starting and quitting time only, not to exceed eight(8)hours of work in any one day. When job conditions dictate and as required by the customer, the Employer shall be allowed to establish a four(4)day, ten (10)hour per day work week. This work week Is defined as Monday through Thursday, with a Friday make-up day. The normal work day under a ten(10)hour four(4)day work week shall be from 7:00 a.m. to 6:00 p.m.,with a one hour starting variance. The make-up day of Friday shall be Instituted for specific reasons such as loss of production due to weather and/or holidays. All hours worked in excess often(10)hours per day or forty(40) hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half(1 h)times the regular straight time rate of pay. All other work performed outside of the regularly scheduled working hairs and outside of the first ten (10) hours worked on Saturdays shall be paid for at double(2) the regular straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay, If worked. When so elected by the contractor, multiple shifts of at least five(6)days duration may be worked. When two(2)or three(3)shifts are worked: The first shift(day shift)shall be worked between the hours of 6:00 a.m.and 4:30 p.m. Workmen on the'day shift"shall receive eight(8) hours pay at the regular hourly rate for eight(8) hours work. The second shift (swing shift)shall be worked between the hours of 4:30 p.m, and 12:30 a.m. Workmen on the'swing shift"shall receive eight(8)hours pay at the regular hourly rate plus 10%for seven and one-half(7'/z)hours work. The third shift(graveyard shift)shall be worked between the hours of 12:30 a.m. and 8:00 a.m. Workmen on the"graveyard shift"shall receive eight(8)hours pay at the regular hourly rate plus 15% for seven (7) hours work. A lunch period of thirty(30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half(1%) times the"shift"hourly rale. NO. 14: Means eight(8)hours per day shall constitute a days work. The regular starting time shall be 8:00 a.m.,and the regular quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regular starting time may, by mutual consent of employees on the job site, and the employer, be between 7:00 a.m.and 9:00 a.m.with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular starting time and after the regular quitting time, Monday through Friday, shall be paid at the rate of lime and one-half (I%). Fax(4)days at ten(10)hours a day may be worked at straight time. Ali work commencing with the beginning of the established work day on Saturday shalt be paid at the rate of time and one-half(1%). All work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double(2)time. AW020 083 OTdoc ANNUAL WAGE ORDER NO. 20 Page 1 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE•BUILDING CONSTRUCTION NO. 17: Means the regular working day shall consist of eight(8)hours of labor between 7:00 a.m.and 3:30 p.m.and the regular work week shall consist of five(5)consecutive eight(8)hour days of labor beginning on Monday and ending with Friday of each week. AA full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week,shall be at double (2) times the regular rate. Working hours may be varied by two(2)hours. When circumstances warrant and when it is mutually beneficial and agreed to by Interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of five (5)a.m. and six (6) p.m., Monday through Thursday, with one-half(1/2) hour allowed for a lunch period each day. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not to work may not be held against the employee. When working four(4)ten(10)hour days overtime will be paid at the time and one- half(I Y2)rate for the eleventh(11u)and twelfth(129')hour,all other work will be paid at the double(2)time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight(8)hours on Saturday shall be at time and one-half(1%)for all work. All other overtime shall be at double(2)time. The first two(2)hours of overtime must be concurrent with the regular work day,two(2)hours prior to or following the regular work day are at time and one-half (1 Y). The regular workday(as previously defined) on Saturday Is paid at time and one-half(1%). Work performed outside of the regular Saturday work day is at double (2) time. AN work performed on recognized holidays, or days locally observed as such,and Sundays shall be paid at the double(2)time rate of pay. NO.25: Means regular working hours of eight(8)hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a forty(40)hour working week of Monday through Friday. Employment on Saturday,Sunday and legal holidays, and employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice(2)the regular hourly rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for al one and one-half (1%) times the regular hourly rate. From 12:00 midnight until 8:00 a.m-on any day shall be paid for al twice(2)the regular hourly rate. NO. 26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 a.m.,and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsile shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double(2) the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day work week at straight time pay for construction work;the regular working day shall consist of ten(10)hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four(4) ten (10) hour day workweek has been established, will be paid at two times(2)the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times(2)the single time rate of pay. NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M., except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the employer up to two(2)hours from the regular starting time. Eight(8)hours shall constitute the work day. All work performed prior to or after the regular eight(8)hour work day, as described above,and all work performed on Saturday shall be paid at time and one-half(1'/:)the regular rate. in the event that a scheduled eight(8) hour work day is missed (not to Include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Saturday. It Is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular workweek. ]its further recognized that any work after the forty(40) hours in a week must be paid at time and one-half(1%). Saturday make-up day shall not be used to make up for time lost due to recognized holidays. The employer may establish a 4- 10's schedule on projects(4 days with 10 hours per day). If using a 4-10's schedule, a Friday make-up day is allowed. If using a 4(10)schedule, any work more than ten(10)hours In a day or forty(40) hours in a work week shall be paid at the time and one-half(1%) rate. Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double(2)time rate. AW020 083 OT.doc ANNUAL WAGE ORDER NO, 20 Page 2 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION NO. 37: The Employer may choose, at his discretion, to work five eight hour days or four tan hour days with a Friday make-up day, Monday through Friday at straight time. Overtime shall be paid after eight(8)hours when working'flve eights'and after ten hours when working"four tens". All work performed on Sundays and recognized holidays shall be Paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and one-half(1%) the regular wage rate. All night work during the regular work week other than the above-mentioned days shall be paid for at the rate of time and one-half(1'h) the regular wage scale until midnight and double(2) time after midnight except make-up time will be allowed under the following condition: In the event of Inclement weather on exterior projects which prevents working the full regular eight(8)hair day,forty(40)hour work week schedule,a Saturday make-up day can be granted. Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40)hours per week. NO. 45: Means eight (8) hours shall constitute a days work, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work week shall be forty(40) hours, beginning Monday,8:00 a.m.and ending at 4:30 p.m. Friday. Because of traffic, parking and other circumstances,the hours of work on any project may begin as early as 6:00 a.m.with eight(8) hours worked between 6:00 a.m. and 4:30 p.m. When circumstances warrant and when it Is mutually beneficial and agreed to, the employer may institute a work week consisting of four(4)consecutive ten(10)hour days, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten(10) hours in a workday, or forty(40) hours in a workweek, overtime shall be paid at a rate of one and one-half(1%)tines the regular rate of pay. Ali overtime Monday through Saturday shall be paid at the rate of time and one-half(1%)the regular rate of pay. Sunday and recognized holidays shall be paid at double(2)time. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work Is performed it must cover a period not less than(5)consecutive working days. The day shift shall work a regular eight(8)hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eight hours paid) shall be twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, eight hours paid)shall be fifty cents($0.50)above the hourly rate. if no first shift Is worked,second and third shift employees shall receive an additional fifteen percent(15%)over and above the hourly rate for actual hours worked. I NO. 46: Means the regular work day shall be eight (8) hours from 6:00 a.m. to 6: 30 p.m. Starting time may be between 6:00 a.m.and 10:00 a.m. The regular work week shall be forty(40)hours, beginning between 6:00 a.m.and 10:00 a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m.on Friday. All hours in excess of the regular work day and work week shall be considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for at the rate of time and one-half(1%)the regular rate. Sunday and recognized holidays shall be paid for at the rate of double time(2)for time worked. The Employer may establish a work week consisting of four(4)days, Monday through Thursday,each day consisting often(10)hours at straight time rate of pay. The 4-10's must run for a period of at least four(4)days. NO 47: Means a regular workday shall consist of eight(8)hours between 6:00 a.m. and 6:30 m. Forty within five 5 da P• rte(40) hours, O days -- Monday through Friday or Tuesday through Saturday inclusive — shati constitute the regular workweek. The Employer may alter the above stated hours by two(2)hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. The Employer shall be ali to establish a four(4)day, ten (10) hour per day work week. This work week is defined as Monday through Thursday, with a Friday make-up day. _. The normal work day under a ten (10) hour four (4) day work week shall be from 7:00 a.m. to 6:00 p.m. Ali hours worked in excess of ten(10)hours per day or forty(40)hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The first four(4)hours of overtime after the normal workday,each day Monday through Friday and the first ten(10)hours of overtime on Saturdays shall be paid for at one and one-half(1%) times the regular straight time rate of pay. All other work performed outside of the regularly scheduled working hours and outside of the first ten(10)hours worked on Saturdays shall be paid for at double(2)the regular straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay, if worked. When so elected by the contractor, muftiple shifts of at least five(5)days duration may be worked. When two (2)or three (3) shifts are worked: The first shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the'day shM*shall receive eight(8) hours pay at the regular hourly rate for eight (8) hours work. The second shift(swing shift)shall be worked between the hours of 4:30 p.m.and 12:30 a.m. Workmen on the"swing shift"shall receive eight(8)hours pay at the regular hourly rate plus 10%for seven and one-half(7 Y2)hours work. The third shift (graveyard shift) shall be worked between the hours of 12:30 a.m. and 8:00 a.m. Workmen on the .graveyard shift"shall receive eight(8) hours pay at the regular hourly rate plus 15%for seven(7)hours work. A lunch period of thirty(30)minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half(1'/)times the"shift"hourly rate. AW020 083 OT.doc ANNUAL WAGE ORDER NO. 20 Page 3 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or Tuesday through Saturday. Eight(8) hours shall constitute a day's work. Starting time shall not be earlier than 7:00 __. a.m. nor later than 10:00 a.m. Forty(40)hours shall constitute a week's work. Overtime at the rate of time and one- half(1%z) will be paid for all work in excess of forty(40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one-half(1%)unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half(1%)unless time has been lost during the week, In which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double(2)time. If employees work on any of the recognized holidays, they shall be paid time and one-half(1%)their regular rate of pay for all hours worked. NO. 50: Means eight(8) hours constitute a normal days work Monday through Friday. Any time worked over eight(8) hours will normally be paid at time and one-half (1'h) except for exclusions stated In some following additional sentences. The Employer, at his discretion, may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four(4)days a week(Monday through Thursday)at ten(10)hours a day schedule. N such a schedule is employed, then Friday may be used as a make-up day when time Is lost due to inclement weather. Time and one- half(1'h)shall be paid for any work In excess of eight(8)hours In any regular work day Monday through Friday unless working 4-10's, then time and one-half(1'/z)after ten(10)hours. All work performed on Saturday will be time and one- half(1%). Double(2)time shall be paid for all work on Sundays and recognized holidays. NO. 52: Means the regular workweek shall consist of five(5)eight(8)hour days, Monday through Friday. The regular workday shall consist of an eight(8)hour period, to be worked between the agreed upon starting time,and ending no later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the Job requires men on duty.all five(5)days, then part of the crew may work the first four(4)days and the remainder of the crew may work the last four(4)days. Hours each day shall be from 7:00 a.m. to 5:30 p.m. Interested parties 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, at(work performed outside the regular working hours and performed during the regular work week(Monday through Friday)shall be at the following rates of pay: Holidays-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such)shall be recognized as Holidays that shall be paid at two(2)times the regular rate of pay. Labor Da No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three(3)times the regular rate of pay. Overtime-Work performed outside of the regular work day(the regular work day shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be: A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half (1F). All other overtime will be paid at the double(2)time rate. B. The first ten (10)hours worked on Saturday will be paid at time and one-half(I V2), with all other hours to be paid at the double(2)time rate. C. Sundays and Holidays(except Labor Day)shall be paid at the double(2)time rate. t AW020 083 OT.doc ANNUAL WAGE ORDER NO.20 Page 4 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION NO.57: Means eight(8) hours per day shall constitute a day's work and forty(40)hours per week,Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used, the regular starting time of the second shift shall be 4:30 p.m.and the regular starting period for the third shift shall be 12:30 a.m. These times may be adjusted by the employer_ The day shit shall work a regular eight(8)hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half (7'/s) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven(7)hours for eight(8) hours pay. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time worked on Saturday shall be paid at the rate of time and one-half (%) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2) time rate of pay except in cases where work Is part of an employee's previous day's shift. For all overtime hours worked $25.65 of the fringe benefits portion of the prevailing wage shall be paid at the same overtime rate at which the cash portion of the prevailing wage is to be paid. The remaining $1.24 of the fringe benefit portion of the prevailing wage may be paid at straight time. NO. 58: Means eight(8)consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five(5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight(8)hours per day or eight hours beyond normal starting time for that project excluding lunch Monday through Friday, and all work performed on Saturday, shall be paid for the rate of time and one-half(1'/:). When Sundays and recognized holidays are worked, the worker(s)shall be paid at the rate of double (2)time. Work may be scheduled on a four (4) days a week(Monday through Thursday)at ten(10) hours a day schedule at straight time. A Friday make-up day Is available if time is lost due to Inclement weather and at least sixteen(16)hours, but not more than thirty(30)hours,were worked during the week. NO.63: Means eight(8)hours shall constitute the regular work day between Ume that may be advanced or delayed by two(2)hours on either side of 8:00 AM. The Employer may establish a work week consisting of four(4)days, Monday through Thursday, each day consisting of ten(10)hours straight time, The four(4)tens(10s)must run for a period of at least four(4) days, Monday through Thursday. All work on Friday on a four(4) tens(10) project will be paid at the rate of time and one-half (1%). All work performed on Saturday shall be paid at time and one-half (1%). All work performed on Sundays and recognized holidays must be paid at double (2)time. All work performed prior to or after the regular eight(8) hour work day, or ten (10)hour work day, as described above shall be paid at time and one-half (1%)the regular rate. NO.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m.,with one half hour for lunch between three and one-half(3'/=)and five(5)hours after starting time. The starling time may be advanced by two(2)hours or delayed one(1)hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1'/). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1'/), except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double(2)time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.m. and all lime,atter the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half(V/2)the regular rate. In the event that a scheduled eight(8)hour work day Is missed (not including recognized holidays)because of inclement weather, then that missed work day may be made up at straight lime on the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty (40) hours must be paid at time and one-half (1Yz). 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. AW020 083 OT.doc ANNUAL WAGE ORDER NO.20 Page 5 of 7 Pages I PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION NO. 68: Means Monday through Sunday shall constitute the work week, Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one-half and five hours after starting time. The starling time may be advanced or delayed by the employer up to one hour from the regular starting time. All work performed before the advance starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half(1%). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1%), except as provided otherwise below. All work performed on Sundays or holidays shall be paid at the double(2)time rate. Eight(8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1%) the regular rate, except as hereinafter described. In the event that a scheduled eight (8) hour work day is missed (not Including recognized holidays)because of Inclement weather, then that missed work day may be made up at straight time on the Saturday in _. the week of the pay period. It Is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty(40) tours must be paid at time and one-half(1%). The employer may establish a 4-10's schedule on projects(4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a minimum of one(1)week. If using a 4-10's schedule,a Friday make-up day is allowed. NO. 85: Means the workweek shall be Monday through Sunday. Eight(8)hours shall constitute a day's work to begin between 6:00 a.m. and 9:00 a.m. and end between 2:30 P.M. to 5:30 p.m. Employees required to work during their lunch period shall receive the overtime rate. Employees shall receive time and one-half(1%) for all time they are required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through Friday,or all day on Saturday. If an Employer has started the work week on a five day,eight hours a day schedule,and due to inclement weather misses any time, then he may switch to a nine or ten hours a day schedule,at straight time, for the remainder of that work week in order to make up for the lost time(10-hour make-up day). All work over ten(10) hours a day or over forty(40)hours a week must be paid at time&one-half(1%). Sundays and recognized holidays shall be paid at the double(2)time rate of pay. A contractor may alter the regular work week to four(4)ten(10) hour days at straight time rate of pay. To do this the scheduled 4-10's must be worked at least one full week and the regular workweek shall be Monday through Thursday with Friday being a make-up day at straight time for days missed in the regular workweek due to inclement weather. If 5-8's are being worked, Saturday may be used as a make-up day at straight time If Inclement weather prevents work during the normal work week. - NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 7:00 a.m. to 3:30 p.m., Monday through Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced or delayed as described below. The starling time may be advanced or delayed by one hour on either side of 7:00 a.m. The advanced or delayed starling time must run for a period of at least five(5)days. The Employer may establish a work week consisting of four(4) days, during the regular work week, each day consisting of ten(10)hours at straight time. The 4-10's must run for a period of at least four(4)days. Time and one-half(1%)shall be paid for any work in excess of eight(8)hours In any regular work day Monday through Friday(or ten hours In a 4-10's week),the first eight (8) hours of a Saturday, and it shall be at time and one-half(1'h)for the Friday and Saturday following Thanksgiving. i Double(2)time shall be paid for the following time worked on Sunday, New Years Day,Memorial Day,Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, as well as any work In excess of eight(8)hours on a Saturday and the Saturday of a three-day weekend(except the Saturday following Thanksgiving). NO. 95: Means a regular workday shall consist of eight and one-half(81/2)hours elapsed time, including one-half hour for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Anywork performed over ten (10) hours of elapsed time per day including one-half hour for lunch and/or any work performed over forty(40) hours at the straight time rate in one week shall be paid at time and one-half(11/2)the straight time rate. Saturday shall be a voluntary make-up day at straight time at the discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at double(2)time. I AW020 083 OT.doc ANNUAL WAGE ORDER NO. 20 Page 6 of 7 Pages PLATTE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION NO. 100: Means eight(8)hours shall constitute a days work,and five(5)continuous eight-hour days shall constitute a week's work, Monday through Friday. Time and one-half (1%) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours In any one day or forty (40) tours in any one week. Starting time shall be between 8:00 a.m. and 9:00 a.m. All work over eight(8) hours in a regular 5-day 8-hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time shall be paid for at the rate of time and one-half(154)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-hat(1h) 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 arty regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday(Friday If working 4-10'3)as a make-up day at the straight time rate of pay. When an employee is required to work on any rewgrized hoilday they shall receive the double(2) time rate for all time that they are required to perform work. All time worked from 12.00 Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double(2)time on single shift. NO. 125: Eight(8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty (40) hours within the five (5)days, Monday through Friday inclusive, shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provislons concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one-half(154) times the regular rate of wages, other than on Sundays, holidays and from Midnight until 8:00 a.m., which will be paid at double(2)the straight time rate. i AW020 083 0T.doc ANNUAL WAGE ORDER NO.20 Page 7 of 7 Pages PLATTE COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTION NO. 2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day,or the days observed as such,shall be paid at the double time rate of pay. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday, if any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO, 7: The following days are assigned days and are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. If a holiday falls on a Sunday, It shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This is applied to protect Labor Day. When a holiday falls during the normal workweek, Monday through Friday, It shall be counted as eight(8)hours toward the forty(40)hour week. However, no reimbursement for these eight(8) _ hours is to be paid to the workman unless worked. If workman are required to work the above enumerated holidays or days observed as such,or on Sunday,they shall receive double(2)the regular rate of pay for such work. NO.22: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double(2)time rate of pay. NO.32:All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half (1Yz) rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on Saturday,the preceding Friday shall be observed. NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid al the double time rate of pay. Labor Day shall be paid at the triple (3)time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. NO.39: No work shall be done on the following holidays:New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday,and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. NO.49: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, labor Day,Thanksgiving Day,Christmas Day, Employee's birthday and two(2)personal days. The observance of one(1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fail on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time&one-half(1%)their regular rate of pay for all hours worked. NO. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day _ or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. NO. 54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be -- observed on Monday. ANNUAL WAGE ORDER NO.20 AW020 083 Bft.dec Page 1 of 2 Pages i PLATTE COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTION NO, 65: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. If the holiday falls on Saturday, it will be observed on Friday;if the holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double(2)the regular straight time rate of pay. NO. 67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving Day,from midnight to midnight,shall be paid for at the rate of double time(2)the basic rate of pay if required to work in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and if the Employer and employees agree that work will be performed on that day, no premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday,the holiday will be observed on Monday. NO. 68: All work performed on New Year's Day, Decoration Day(Memorial Day), Independence Day(Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such,shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed -- over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1'/). NO. 72: All work performed on New Years Day, Memorial Day (last Monday in May), Independence Day, Labor Day,Thanksgiving Day and Christmas Day shall be paid for at double(2)the regular straight time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2)the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Friday and paid for at double(2)the regular straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO.20 AW020 083 BHol.doc Page 2 of 2 Pages Heavy Construction Rete,for PLATTE County Section 083 C r- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule nter 05 1 17 13.80 _ t 36.05 1 17 $ 3.80 RIO Odver $36.05 1 17 3.@0 Iectriclen Oulakle-Line.ConslructiontUneman $36.53 118 24 $6.00+34.5% unman talo( $33.7e 18 24 $5.00+34,5% -- Linemen-Tree Trimmer .00 31 30 5.0 +23.5% round23.54 18 24 .00+34.5% Qroundmim-Tree Tdmmer 16.90 31 30 8.01 + 5% O ft Engineer 1 33.13 3 2 14.33 If .09 3 2 $14.33 Quo 11 32.09 3 2 14.33 IV $27.62 3 2 14.33 -- Oiler-Driver 0.07 3 2 IIA33 Cement Mason 9.24 3 2 $14.38 _ Lalwrer Qeners Laborer 7,24 3 2 $1208 Skilled Laborer 8.45 3 2 $12.98 Truck er-Teamster Grou 1 $29.04 3 2 $12,90 Grou 11 9.04 3 2 12.90 Qro III 9.04 3 2 12.90 uroup IV I $29.04 3 2 12.90 Traffic C mroi Service Driver I IN10.1:5D 27 26 2.71 Use Heavy Construction Rales on Highvsy and Heavy constmc(lon in accordance with the classtomtlons of construction work established In 8 CSR 30.3.040(3). Use Building Construction Rates on Building construction In accordance with the classifications of Mnslmction work established in 8 CSR 30-3.040(2). If a twrker is pedormmi;work on a heavy constructlon project wtlhin an omupatlonal title that Is not listed on the -- Heavy Construction Rate Sheet,use fie rale for(hat Occupational title as shown on the Building Construction Rate sheet. ANNUAL WAGE ORDER NO.20 3%3 PLATTE COUNTY OVERTIME SCHEDULE—HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 'h)shall be paid for all work In excess of forty(40)hours per work week. NO. 1: Means(8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four(4)days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four(4) tens (10s) must run for a period of at least four(4)days, Monday through Thursday. All work on Friday on a four(4)tens(10)project will be paid al the rate of time and one-half(1%). All work performed on Saturday shall be paid at time and one-half(1%2). All work performed on Sundays and recognized holidays must be paid at double(2)time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-half(1%2) the regular rate. NO. 3: Means a regular work week shall consist of not more than forty(40) hours of work and all work performed over and above ten(10)hours per day or forty(40)hours per week shall be paid at the rate of time&one-half(1%). Workers shall receive time and one-half(1'h)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 riot later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1'/z). NO: 18: 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'h)times the regular rate of wages,other than on Sundays, holidays and from Midnight until 6:00 a.m.,which will be paid at double (2)the straight time rate. NO.27: Means the regularly scheduled work week shall be five(5)consecutive days,Monday through Friday or Tuesday through Saturday. Eight(8) hours shall constitute a day's work. Starting time shall not be earlier than 7A0 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(11/2)will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one-half(1'/z) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half(1'/2)unless time has been lost during the week,in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double(2)time. if employees work on any of the recognized holidays,they shall be paid time and one-half(1%2)their regular rate of pay for all hours worked. NO. 31: Means the overtime rate shall be time and one-half the regular rate for work over forty(40) hours per week. Sundays and Holidays shall be paid at double the straight time rate. All employees performing work on affected properties during or following emergencies shall receive the applicable rate of pay for the first sixteen (16) consecutive hours and all hours worked in excess of sixteen (16) consecutive hours shall be paid at double time until broken by an eight (8) hour rest period. Should an employee be called back to work within two hours of his normal quitting time, the previous hours worked shall count toward the above sixteen (16) hour provision. ANNUAL WAGE ORDER NO. 20 AW020 083 HOT.doc Page 1 of t PLATTE COUNTY HOLIDAY SCHEDULE—HEAVY CONSTRUCTION NO. 2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shell be pail 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 sfte are receiving double(2)time pay for that Sunday or holiday work. No work shall be performed on Labor Day, except in case of Jeopardy of life or property. This rule Is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified holidays falls or is observed during the work week, then all work performed over and above thirty-two(32) hours In that week shall be paid at the rate of time and one-half(1%). NO. 17; All work performed on New Year's Day, Decoration Day(Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be _ observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or Is observed during the work week, then all work performed over and above thirty-two (32) hours In that week shall be paid at the rate of time and one-half(1%). NO. 24: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. If the holiday falls on Saturday, it will be observed on Friday;If the holiday falls on Sunday, It will be observed on Monday, and shall be paid for at double (2)the regular straight time rate of pay. NO. 26: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday,the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time&one-half(1 r4j their regular rate of pay for all hours worked. NO. 30: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, Christmas Day,Thanksgiving Day and Day after Thanksgiving or days celebrated for the same. i I AW020 083 HHol.doo ANNUAL WAGE ORDER NO.20 Page 1 of 1 EXHIBIT D Time for Completion Number of Days to Reach Substantial Completion 60 calendar days EXHIBIT E SCOPE OF WORK Contractor shall perform the following Work as more frilly set forth in the Contract Documents and Technical Specifications and Drawings: All Work necessary to construct selected projects_ through the limits of the 2013-14 STREET MAINTENANCE PROJECT (Project No. 313-013) as shown on and in accordance with the Technical Specifications and Drawings referred to in Exhibit F to the Agreement. Contractor to provide all necessary equipment, labor, and material necessary to perform the Project construction and related work as shown in the Contract Documents. The Work includes, but is not limited to,the following: I. CG-1 curb removal and replacement — Various locations, dowel into existing curb 2. 5' sidewalk—50'h Terr from Gateway to the west, replace 1 ADA ramp -- and add 2 ADA ramps at the entrance. 3. 2"mill and overlay—St Joe Blvd from Vivion to the south, curb replacement is included in#1. 4. Remove 5' sidewalk and replace with 10' trail—South side of Argosy Pkwy,from Argosy Casino Pkwy to the east entrance,5"of concrete on 6"of compacted subgrade, 4 ADA ramps at the entrances,relocate and adjust irrigation system 5. 10' concrete trail—from Klamm to the interurban trail (near St. Joe Blvd), 6"of concrete on 6"compacted baserock, 2 bollards and 2 red diamonds, 75' x 24"culvert with 2 end sections,remove brush and debris, 500CY cut, 1000CY fill 1. Schedule and Coordinate all necessary inspections. — 2. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services,ensuring that all power has been disconnected. 3. Include all temporary utility fees and permits_ -- 4. Include all premium time/cost necessary to meet the schedule, including accelerated production of submittals. 5. Include all surveying, layout and field engineering required for the performance of this work. 6. Provide digital photographs of the preconstruction, construction, and post construction site(see Article IV Progress of Work/Submittals(F) for specifics) 7. Provide all weather provisions to meet the schedule set forth in the contract documents. 8. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 9. Provide all traffic control as required throughout the construction process. EXHIBIT F TECHNICAL SPECIFICATIONS AND DRAWINGS 2013-14 STREET MAINTENANCE PROJECT(Project No.313-013) The following Specifications govern Contractor's performance of the Work: "- 2013-14 Street Maintenance Project Specifications:including, addenda, and all other documents and specifications referenced therein. Sheet Description Sheet No's. EXHIBIT G CITY OF - RIVERS MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: iorlc 1311101°( PROJECT: 2013-14 STREET MAINTENANCE PROJECT PROJECT NO.: 313-013 ORDINANCE/RESOLUTION:9-20!y.03.; (approved AK 2c. 26/y ) TO: Contractor: Jeno0h (OV% Irud'VA rnc. (address) 6216 Missiigo XA fu 1x62)Cj k5 662dS You are hereby notified to commence work on or after the 17�day of vN C 2014 in accordance with the Agreement dated Jim e 11,, 2ol y The work shall be substantially completed within 60 Calendar Days. The project shall be completed and ready for final payment by ,Sep lT — CITY OF RIVE E(Owner) BY: yy�,— ChvAilk,gty A ministrator Receipt of abov OTIC TO PROCEED is hereby acknowledged BY: /N _ J e CIG w1Cna (Title) __ this the )3 I h day of 7 u rl t ,2014. EXHIBIT H APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact Capital Projects Coordinator Larissa Anderson with the City of Riverside for an electronic version landerson(a riversidemoxom or by calling 816-372-9012) cmc• .�+,rnwcr.a �.+: f •fY,•r+f�f - fu.�w.r I rr.�wrrr f r.tif��r f W••yrr f r.rr��r.�r�rr.r rr�ryr�./�•f -- 1 �Y•�rfY1:f f�11WlYtr_f - f��.wwrrr f •OY•n••u�fY. f1H fY•�W /�IfYI•�•I•�I•fY�lf\WMYrY ���•�Iff•ffI••Ofl��_�—(•sfflf•��11f�(f� fN4►f�• t.•fr_ >♦f ti i Wr•r•M^• fflffY• 1`•f� >�� W frf� Ys i EXHIBIT I CHANGE ORDER (Contact Capital Projects Coordinator Larissa Anderson with the City of Riverside for an electronic version landersonna,riversidemo.com or by calling 816-372-9012) �n�a�nT'N�e °F CHANCE ORDER NO. ! 1uW �1MrFvaAs�ey_ ... �nnsouu Contractor Name- ,,,,,,, n.I.arYn.: C.Ca wbput Tin Mlpnnp oBanpss b Mw+prW wnYactmw,rtven:pvrM 4covF wHmunB LY Ne P:MrlrrrrY� IMfIW.Ybwu1 CFWa[urO:b:Msi aan�gs naYVOpyM Catrsge:ry a:«,e1WiMaryam Mlclu/ na.uuyN Vuygwvs hwn M arbnl.0 Quai4fn.hwn onM BN PmpwN __. �nrrF,w RFUY Owren RYwu IHaa®GMYGEi11P1FBIf CtrI1BICi W bnOxepanlBcan�trWp(bYI1nYYrMaMtl WraNba�MwwT�.am�MCBr9�QJer) ry1Ma T..1 p0 �1 rAyYMrr4Y DtlrA�rlrrGss DlMw YrFanarybpbByrs Adm A*Yni wPHee WM A�rN ia1/ r1Yaf — Bbrsd W foray Pi�DAYHarr xsronaawnbanms.:�aaawn m.00 11YCaYM.Naer RvrbTlb RgeY rpm NRCMai� ]O.N am v.w.Ycn.gencava+a�,wr roma OESIGH ENGINEER: CITY OE RIVERSIDE,MISSOURI: c+^vrn rn.rrw.r. Oew� aw YP.Bgr �T'Af.rrw' ana G1Yes aPa mor CONTRACTOR: ON-SITE PROJECT MANAGER: cmweToe•s c.werrw.rr.ce..e.aar. 1b WYWTJ LOXIMC1d eaYMinYWn FamNpr/IIIIMMLb>s� OI4ZJMi/n.Jq bv+iMaYeawgaryM urFPrMpWfR...CIONe .._- artlmyi.Ybetivpa►r.rYmf►PMrUraap�nYrrr PtlrbevoYnolrrwML Tvnnb abbYb OMGrrftrbhMYIMYr.Y/rP[InaupNsbYrlryt, •YrarrrBYrarrYYrrrlwyYlYlYrYr MnryY�aiOYYrrIITIwYtrMd�rar RVavinublb raetrru�laAr�rq PrarltlMsnfm MrYmeaaonirt.atl la Nvalc tlrLweaear 1bNmFs�brerrt'rr^PtrBUNr NaCW wEs AOmY rFp>1. ..� NFe nbIF- wnl PwM1O rbs 'M:r pt py. CITY OF �RNE�issouRi EXHIBIT J Certificate of Substantial Completion m be coin lemd after substantial coin Inion of the m'ect - Project Name:2013-14 STREET MAINTENANCE Project#: 313-013 Owner of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor,and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents,except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: ❑Amended Responsibilities ❑Not Amended Owner's Amended Responsibilities: - Contractor's Amended Responsibilities: The following documents are attached to and made part of this Ceroficate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print& Sign) Date -- Accepted by Contractor (Print& Sign) Date -- Accepted by Owner (Print&Sign) Date EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW (to be completed at conclusion of project) I, upon being duly sworn upon my oath state that: (1)I am the of -- (2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment of wages to workers employed on public works projects have been fully satisfied with regard to this Contractor's work on 2013-14 STREET MAINTENANCE PROJECT(Project No.313-013); (3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational titles set out in the applicable regulations, I have completed full and accurate records clearly indicating: (a) the names, occupations, and crafts of every worker employed by this Company in connection with this Project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b)the payroll deductions that have been made for each worker,and (c)the amounts paid to provide fringe benefits,if any, for each worker; (5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a third party pursuant to a fund,plan,or program on behalf of the workers; (6) these payroll records are kept and have been provided for inspection to the authorized representative of the City of Riverside and will be available, as often as may be necessary, to such City and such other regulatory agencies as may be deemed necessary; (7)such records shall not be destroyed or removed from the State of Missouri for one(1)year following the completion of Contractor's work on this Project; (8) when in effect, the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to excessive unemployment were fully satisfied;and (9) there has been no exception to the full and complete compliance with the provisions and -- requirements of the wage orders applicable to the Agreement and Contract Documents. The matters stated herein are true to the best of my information, knowledge,and belief. I acknowledge that the falsification of any information set out herein may subject me to criminal prosecution. Contractor Signature Printed Name Subscribed and sworn to me this day of 12014. Notary Public My Commission expires: EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of pmjcct) 2013-14 STREET MAINTENANCE PROJECT PROJECT NO.313-013 STATE OF ) SS: COUNTY OF ) ... The Undersigned, of lawful age, being first duly sworn, states under oath as follows: 1. 1 am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. ((7) Prevailing wage does not apply;or - (EI) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of before me appeared to me personally known to be the of and who executed the foregoing instrument and acknowledged that(s)he executed the same on behalf of as its free act and deed. _ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public EXHIBIT M SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of pmject) 2013-14 STREET MAINTENANCE PROJECT PROJECT NO.313-013 STATE OF ) SS: COUNTY OF ) _ After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor)and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders:$ 2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in Sections 290.210,RSMo through 290.340,RSMo. Business Entity Type: Subcontractor's Legal Name and Address )Missouri Corporation ( Foreign Corporation (_)Fictitious Name Corporation (_)Sole Proprietor (__)Limited Liability Company Phone No. (_)Partnership Fax: ( Joint Venture E:mail: (_)Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: -- (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and swom to before me this day of 2014. My Commission Expires: (Signature) EXHIBIT N ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside,Missouri Project Name: 2013-14 STREET MAINTENANCE PROJECT Project No.313-013 Contractor: Architect/Engineer: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the drawings and _ specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment, manuals,and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security,operation,safety,maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one(l)year(or a longer period if governed by Missouri Statutes) from this date of completion. t-lotification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this day of Zp_ Signature: (SEAL) Printed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. Kathleen L Rose, Mayor Date: (SEAL) - Attest: Robin Littrell, City Clerk EXHIBIT O REQUEST FOR INFORMATION FORM (Use only after contract awarded. To be completed by Project Manager) City of Riverside,MO RFI No. Contract for: 2013-14 STREET MAINTENANCE PROJECT Project No:313-013 Contractor or Bidder: Project Manager: City of Riverside THIS REQUEST BY: cc to: (Name of Bidder or Contractor's Representative) REFERENCE: DIVISION SECTION PLAN S14EET NO. REQUEST: ATTACHMENTS: RESPONSE BY: Date: (Name of the Engineer's/Project Manager's Representative) RESPONSE: _ ATTACHMENTS: SPECIAL NOTE (AFTER AWARD OF CONTRACT): IF THE CONTRACTOR BELIEVES THIS INTERPRETATION OR CLARIFICATION JUSTIFIES AN INCREASE IN CONTRACT PRICE OR CONTRACT TIME, THE CONTRACTOR SHALL NOTIFY THE PROJECT MANAGER IN WRITING BEFORE PROCEEDING WITH THE WORK INVOLVED. FURTHER IF THE CONTRACTOR IS AUTHORIZED BY THE PROJECT MANAGER TO PROCEED WITH THE WORK INVOLVED BEFORE FULL AGREEMENT IS REACHED ON WHETHER ANY INCREASES ARE DUE AT ALL, OR IF ANY DETERMINED TO BE DUE, ON THE EXTENT OF ANY SUCH INCREASES, THE CONTRACTOR SHALL FURNISH TO THE PROJECT MANAGER ACTUAL COST RECORDS ON A DAILY BASIS. 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS - A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any -- discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible, -_ financially and otherwise, for: 1. Any and all settlement of trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one year from and after the date of final acceptance of the entire contract under which the backfilling work was performed. 2. The refilling and repair of all backfill settlement and the repair or replacement to the original or a better condition of all pavement, top surfacings, driveways, walks, surface structures, utilities, drainage facilities, sod and shrubbery, which have been damaged as a result of said backfill settlement or which have been removed or destroyed in connection with backfill replacement operations. 3. The Contractor shall make, or cause to be made, all necessary backfill replacements and repairs or replacements appurtenant thereto, within 30 days from and after due notification by the Owner of backfill settlement and resulting damage at any designated location or locations. E. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by his operations and he shall replace, at his own expense, in a manner approved by the Owner any such broken or damaged material. F. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. G. Pumping and Shoring: The Contractor shall promptly remove all water that may reach the trenches and other excavated portions of the premises at any time during the progress of the work, and he shall keep the premises free from accumulations of water at all times until the completion of the work. All temporary shoring required shall be furnished and installed by the Contractor and shall be designed in accordance with current OSHA requirements. Trench sheeting shall not be pulled before backfilling unless pipe strength is sufficient to carry trench loads based on trench width to the back of sheeting. No separate payment will be made for temporary shoring or pumping. H. Labor and Tools: Work which should properly be done by skilled labor shall not be attempted -- with common laborers. The various contractors shall have on the job, at all times, ample equipment to carry on the work properly, including such tools as may be necessary to meet emergency requirements. I. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. J. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. K. Blasting: No blasting will be allowed on this project. L. Definitions of Contract Completion: This section defines the terms "Substantial Completion" and "Final Completion"as they are used in the Contract Documents. 1. Substantial Completion: Substantial completion is defined as 100% completion of the following items: a. E.H.Young Cul de Sac b. Bailey Court c. Northwood Road 2. Final Completion: Final completion shall be defined as 100% completion of all work -- items other than the ones listed under "Substantial Completion" and all other work items as provided for in the Contract Documents. _ 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to construction so the utilities can be located and identified. B. All construction activities shall be coordinated with adjacent property owners affected by construction of the project to assure access to their properties. Driveways to adjacent properties shall be accessible at the end of each working day. C. The Contractor will be responsible for notifying the City in writing of the dates when construction will begin and end. The City will notify the school district, fire, and police departments, and the local newspapers. D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and all inspection and permit fees as required by the City. E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the City on a monthly basis (at a minimum). Additional meetings may be held as needed. No direct payment will be made for this item but shall be considered subsidiary to other bid items. — F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of construction elements. G. In the event certain parts of work are assigned to subcontractors,the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the Owner --- through the Contractor. H. The Contractor is solely responsible for all Assignments of Work among subcontractors. I. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to __. each item of work,regardless of location of information in Contract Documents. 01051 CONSTRUCTION SURVEY AND STAKING: A. General: This item shall be provided by the City. - 01060 STANDARD SPECIFICATIONS AND PLANS A. General: The work shall conform to the plans and contract specifications as outlined. The standard specifications and plans which govern this work are listed below. In case of conflict, the specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design Criteria, Division II (APWA Standard Specifications). The referenced APWA Standard Specifications are available at the following website: http://www.kcLtpwa.nct/sMifications.asa C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Plans when referenced in the construction documents. The referenced APWA Standard Plans are available at the following website: huv://www.kcgpwa.net/sMificafions.ash . Other standard plans and specifications may be referred to and therefore adopted into these specifications. 01181 REQUEST FOR INFORMATION All questions about the meaning or intent of the Contract Documents shall be submitted to the City in writing. A blank Request for Information (RFI) form is attached as Exhibit O. This RFI form shall be completed by the Contractor and submitted to the City addressed to Travis Hoover by either Fax number: (816) 746-8349 or thoover(g,riversidemo.com -- 01310 JOB SITE ADMINISTRATION: A. The Contractor, or a duly authorized representative to act for him, shall continually be present at the site of the work, whenever construction activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, his duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01320 CONSTRUCTION SCHEDULE: A. General: The Contractor shall prepare and maintain a construction schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner for review at the pre-construction meeting. The baseline construction schedule shall be in a form approved by the Owner and shall include at least the following information for each -- significant work item during each phase of the project: 1.Beginning date of Project. 2.Ending date of Project. _ 3. Beginning Date of Each Phase. 4. Completion Date of Each Phase. 5.Scheduled percentage of completion at the end of each calendar month. 6. Scheduled percentage complete for each phase at the end of each calendar month. The Owner will review the proposed progress schedule, and may require the Contractor to revise the same if, in the Owner's judgment, revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule prior to each monthly construction progress meeting. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. The updated schedule shall be distributed to the City at each progress meeting. D. Payment: No direct payment shall be made. 01330 SUBMITTALS A. Shop Drawings: A minimum of three (3) copies each of manufacturer's shop drawings and data sheets shall be submitted to the Owner indicating the necessary installation dimensions, — weights,materials and performance information. The shop drawings shall be distributed as follows: One (1)copy for the Engineer, one(1)copy — for the City and one (1) copy for the prime Contractor. The Contractor shall supply additional copies as necessary for any subcontractors. — Submittals for equipment and materials shall include reference to indicate where it is to be used;whether by tag number, specification paragraph, or description of use. Approval of shop drawings will be for conformance with the design concept of the project and for compliance with the information given in the Technical Specifications. The approval of a separate item,as such, will not indicate approval of the assembly in which the item functions. B. Submittals: The following is a list of submittals required: _ a) Asphalt Mix Designs i) Show compliance with requirements as listed Section 02510. b) Concrete Mix Designs i) Show compliance with requirements as listed Section 02520. C) Flowable Fill (Horizon's Bridge Repair) d) Retaining Wall Product Submittal (Eagle Animal Hospital) C) Railing Submittal (Eagle Animal Hospital) 01410 TESTING LABORATORY SERVICES A. General: Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing for items incorporated into the project. The tests, frequency and reports required to confirm contract compliance shall be as specified in the APWA Standard Specifications unless otherwise noted below: ._ Material Test Standard Frequency Soils Moisture Density ASTM D698 Minimum 1 per soil type on site or borrow). Soils In-place Density and ASTM D2922, Min of 4 tests per day for Moisture Content D3017 each active grading spread. Min. 2 per lift in trench backfill. Concrete Compression Tests ASTM C31, C143, I set of cylinders from C172 the first pour and each 200 C.Y. thereafter. Note: Air and slump tests are required for each set _ of cylinders created. Concrete Slump ASTM C143 At the beginning of each pour and for 100 C.Y. thereafter. Concrete Air Content ASTM C231 At the beginning of each pour and for 100 C.Y. thereafter. Asphalt Mix Design Al MS-2 At the beginning of lacement each day. Asphalt Sampling Bituminous ASTM D-979 At the beginning of Mixtures lacement each day. Asphalt Binder Content ASTM D-2172 At the beginning of placement each day. Asphalt Density of In-Place ASTM D 2950 Once a day per road Bituminous Concrete section (base and/or surface courses One copy of the test results shall be submitted to the Owner electronically within 24 hours of the test completion, and one hard copy to be submitted to the Owner within five (5) days of the test completion. The testing lab must be agreed upon by the Contractor and the Owner. B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid items of the materials being tested. 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non-soil waste area. The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and debris as a result of construction activities so that at all times the site of the work shall present a neat, orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. B. Payment: No direct payment shall be made. 01567 POLLUTION CONTROL No open burning will be permitted. See Section 02350 for erosion and sediment control, Section 02820 for seeding/sodding. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition) as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner in charge of construction. B. Temporary Traffic Control Devices: All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on Uniform Traffic Control Devices(MUTCD)," Current Edition and its latest revisions. DIVISION 2 - SITEWORK 02230 CLEARING AND GRUBBING A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the APWA Standard Specifications. B. Payment: No direct payment will be made. 02300 EARTHWORK A. General: Grading shall be in accordance with Section 2100 of the APWA Standard Specifications. Subgrade preparation shall be in accordance with Section 2201 of the APWA Standard Specifications,except as otherwise specified herein. a. Embankment: Embankment shall include the placing and compacting of all materials - necessary to construct the improvements as shown on the plans. i. Upon completion of stripping, but prior to placing new fill, the exposed grade in fill areas shall be broken up by plowing or scarifying to a minimum depth of 6 inches and recompacted as specified. All embankment fill shall be compacted to a density of at least ninety-five percent (95%) of the maximum density for material used as determined by ASTM Designation D-698. The top one-foot of embankment as well as the embankment surrounding utilities shall contain no rock larger than 3 inches. ii. The area in the plans designated as "compacted fill' shall be graded and compacted to 95% maximum density to the elevation of two feet above the top of pipe prior to excavating for the pipe installation. b. Over-excavation and Placement of Backfill: At the direction of the Owner, excavation of unsuitable subgrade material and placement of suitable fill material may be employed. Overexcavation and placement of backfill will include the removal of all unsuitable — material beyond the excavation limits as shown on the plans,placement of backfill material and compaction of backfill per the above listed Embankment specifications. — B. Payment: No direct payment will be made. 02350 EROSION AND SEDIMENT CONTROL A. General: Erosion and sediment control shall be in accordance with APWA Standard Specifications Section 2150. — 1. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project. 2. All sediment escaping the project site and entering the downstream ditches shall be removed immediately at the expense of the Contractor. If the existing vegetation is damaged by the sediment, or by the removal of the sediment, it shall be replaced with like vegetation at the expense of the Contractor. B. Pgament: No direct payment will be made. 02510 - ASPHALT PAVEMENTS PART1 -GENERAL 1.1 SCOPE OF WORK A. Under this section of the Specifications, the Contractor shall provide all labor, materials, tools and equipment necessary to complete the following items of work: 1. Bituminous concrete pavements. 1.2 RELATED WORK NOT INCLUDED IN THIS SECTION A. Earthwork: Section 02300. B. Pavement Markings: Section 02870. C. Materials and testing shall be in accordance with the latest edition of the applicable provision of the American Society for Testing Materials(ASTM). 1.3 UNIT PRICE- MEASUREMENT AND PAYMENT A. Asphaltic Pavement: 1. Basis of Measurement: By the square yard. — 2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design, supplying to site, testing, forming, placement, curing, protection, joint sealing and backfilling. PART 2 -MATERIALS 2.1 ASPHALT MATERIALS A. Asphalt Cement: Asphaltic cement shall conform to ASTM D946. B. Coarse Aggregate: Coarse aggregate shall be in accordance with MCIB Section 4- Paragraph 2, except that the total shale, clay, coal and lignite content shall not exceed 0.5 percent by weight. C. Fine Aggregate: Fine aggregate shall be in accordance with MCIB Section 4 -Paragraph 3. 2.2 AUXILIARY MATERIALS A. Joint Sealant: ASTM 6690, hot-applied, single-component, polymer-modified bituminous sealant. _ 0.3 ASPHALT ACCESSORIES A. Primer: Homogeneous,medium curing, liquid asphalt,Type MC-70. B. Tack Coat: Homogeneous, medium curing, liquid asphalt,Type RC-70. C. Sand Cover: Sand cover used for blotting excess primer shall be clean granular mineral meeting the following gradation: Sieve Size Percent Passing No.4 100 No. 200 0-2 The moisture content of the sand shall not exceed 3 percent by weight. 0.4 ASPHALT PAVING MIX A. Use dried and heated material to avoid foaming. Mix uniformly. B. Asphaltic Concrete Base Course Type 1: Asphalt base shall contain 4 to 6 percent of asphalt cement by weight in mixture. Mineral aggregates shall conform to the following gradation: Sieve Size Percent Passing By Weight 1 1/2" 100 1" 75-100 3/4" 60-85 1/2" 3/8" 40-65 No. 4 30-50 No. 10 17-33 No.40 — No. 80 5-12 No. 200 2-10 1. In addition to the above limits, the difference between the "percent passing" of successive sieve sizes shall not exceed 25 percent. _ 2. At the Contractor's option Asphalt Base may contain up to 50 percent Reclaimed Asphalt Pavement(RAP) and/or Reclaimed Aggregate Materials(RAM). 3. Recycled Asphaltic Concrete Material shall have the following additional tests performed: a. ASTM C-117 Standard Test Method for Material Finer than No. 200 Sieve in Mineral Aggregates by Washing. _ b. ASTM C-136 Standard Method for Sieve Analysis of Fine and Coarse Aggregates. C. ASTM D-2172 Standard Test Methods for Quantitative Extraction of Bitumen from Bituminous Paving Mixtures,Method"A". 4. The extracted asphalt from Method "A" ASTM D-2172 shall be reclaimed from solution in accordance with ASTM D-1856 Standard Test Method for Recovery of – Asphalt from Solution by Abson Method. a. The consistency of the asphalt shall be determined on the basis of viscosity at 140 degrees F in accordance with ASTM D-2171 Standard Test Method for Viscosity of Asphalts by Vacuum Capillary Viscometer. b. The grade of asphalt used in recycled mixes shall be the same grade as for virgin mixes. 5. New asphalt cement added to recycled asphalt shall meet the requirements of ASTM D- 3381, Standard Specification for Viscosity-Graded Asphalt Cement for use in Pavement Construction or ASTM D-946, Standard Specification for Penetration-Graded Asphalt _ Cement for use in Pavement Construction. 6. Any material obtained from cut-back asphaltic concrete streets or road-oil-chip seal streets is unacceptable for recycled asphaltic concrete. 7. Recycling Agents, if used, shall meet the requirements of ASTM D-4552 Standard Practice for Classifying HOT MIX Recycling Agents. 8. The blend of RAP and/or RAM and virgin aggregates shall be checked for resistance to stripping. Use ASTM D-1075 Standard Test Method for effect of Water on Cohesion — of Compacted Bituminous Mixtures. The index of retained strength shall exceed 75 percent. 9. Maintain stockpiles of RAM and RAP at the plant separated on the basis of mix type- surface, binder and base. Stockpiles shall be free of foreign matter. RAM and/or RAP shall be processed such that 100 percent passes the 1 1/2 inch sieve and 90 percent passes the 1 inch sieve. 10. RAP and/or RAM stockpiles shall be free of all foreign matter, including but not limited to ice, wood, soil, broken sewer castings, loop detector wire,joint filler material, lane markers,trash and debris. 11. Mix Design Requirements: Mix design for recycled mixtures shall be in accordance -- with the Asphalt Institute's Manual Series No. 20 (MS-20) titled Asphalt Hot-Mix Recycling Section 3.00. 12. All delivery tickets of asphaltic pavement material shall designate the type of recycled mix(RC -Type 1,RC -Type 2, RC -Type 3, or RC -Type 4). C. Asphaltic Concrete Surface Course Type 3: Surface course Type 3 shall consist of all virgin material with 4 to 7 percent of asphalt cement by weight in mixture. Mineral aggregates shall conform to the following gradation: Sieve Size Percent Passing By Weight 3/4" 100 1/2" 85-100 _ 3/8" 70-90 No. 4 50-70 No. 10 34-43 No. 40 16-27 No. 80 7-16 No. 200 4-10 1. In addition to the above limits, the difference between the "percent passing" of successive sieve sizes shall not exceed 20 percent. 0.5 AGGREGATE BASE COURSE A. Coarse aggregate base shall be crushed stone free of lumps or balls of clay and any other soft _ or objectionable material. Gradation shall be in accordance with ASTM C-136 and the following: Sieve Size Percent Passing By Weight 1 1/4" 100 1" 72-100 3/4" 60-90 -- 3/8" 43-74 No.4 28-60 No. 10 16-40 No. 40 3-22 No. 200 0-15 The difference between the percent passing of successive sieve sizes shall not exceed 25 percent. B. The coarse aggregate base material shall be angular particles with a minimum of 90 percent of the stones having two or more fractured surfaces. — C. The specific gravity for base coarse aggregate shall not be less than 2.54(S.S.D. Bulk). D. The abrasion loss for the aggregate when subjected to 500 revolutions in a Los Angeles -- abrasion machine, according to ASTM C-131, shall be no more than 35 percent. E. That portion of the aggregate passing the 1 inch sieve and retained on the No. 4 sieve shall have, by weighted average, a loss not greater than 10 percent when subjected to five cycles of the Soundness Test, ASTM C-88. Also this same potion of the material shall contain less than 20 percent by weight particles which have a thickness to least width ratio of 1 to 3 and least width to length ratio of 1 to 3. F. That portion of the material passing the No. 40 sieve shall have a maximum plasticity index of 8 when tested in accordance with ASTM D-4318. 0.6 SOURCE QUALITY CONTROL A. Provide tests of mix design for asphalt. B. Submit proposed mix design of each class of mix for review prior to commencement of work. C. Asphaltic concrete test samples shall be taken according to ASTM D-979 and tested for Bitumen content according to ASTM D-2172. PART 3 -EXECUTION 3.1 TESTING A. The Contractor shall provide and pay for the services of a qualified, independent testing laboratory to insure that the bituminous concrete mix designs and in-place thicknesses and densities of base and surface courses are in compliance with all the provision of the specifications. 3.2 SUBGRADE PREPARATION _ A. The paving contractor shall proof roll the entire subbase area which is to be paved with a fully loaded tandem dump truck before application of base material. If any portion is unsatisfactory, that area shall be removed and shall have suitable fill replaced, recompacted and retested before paving shall commence. The cost of this work shall be the responsibility of the earthwork contractor. 3.3 INSTALLATION OF BITUMINOUS CONCRETE PAVEMENT A. Bituminous concrete pavements shall be constructed in accordance with the applicable section of KC-APWA except as herein amended. B. Apply a prime coat to the aggregate base of 0.3 gallons per square yard of AC-30 liquid emulsified asphalt. C. Apply a prime coat of emulsified asphalt to all vertical contact surfaces of existing pavement, manholes,catch basins,curbs and all other contact surfaces prior to paving. 3.4 CLEAN-UP A. Upon completion of the work, all surplus materials, debris, tools and equipment shall be removed from the site. END OF SECTION 02510 02520 - PORTLAND CEMENT CONCRETE PAVING PART IGENERAL 1.1 SECTION INCLUDES A. Concrete curb and gutter, sidewalk and driveways. 1.2 RELATED SECTIONS A. Section 02300 -Earthwork: Preparation of site for paving. B. Section 02510—Asphaltic Concrete Paving. 1.3 UNIT PRICE - MEASUREMENT AND PAYMENT - A. Concrete Curb and Gutter: I. Basis of Measurement: By the lineal foot. 2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design, supplying to site, testing, forming, placement, curing, protection, joint sealing and backfilling. ' B. Concrete Sidewalk: 1. Basis of Measurement: By the square foot. 2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design, supplying to the site, testing, forming, placement, curing, protection, joint sealing and backfilling. 1.4 REFERENCES A. Division II, Construction and Materials Specifications for Paving, Section 2200, and Incidental -- Construction, Section 2300, Kansas City Metropolitan Chapter of the American Public Works Association Standard Specifications approved and adopted the 23rd day of May, 2001 together with all additions, deletions and changes prescribed by the Public Works Department for the City of Riverside, Missouri, one copy of which shall be kept on site at all times. B. Midwest Concrete Industry Board (MCIB) Standard Specifications for Concrete Work, Sections 3-1,4-1, and 4-4,revised November 1999. C. ACI 301 - Specifications for Structural Concrete for Buildings. D. ANSI/ASTM A185 -Welded Steel Wire Fabric for Concrete Reinforcement. E. ANSI/ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction, F. ANSI/ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction. G. ASTM A615 - Deformed and Plain Billet-Steel for Concrete Reinforcement. H. ASTM A616-Deformed and Plain Rail-Steel Bars for Concrete Reinforcement. I. ASTM A617 -Deformed and Plain Axle-Steel Bars for Concrete Reinforcement. J. ASTM C33 - Concrete Aggregates. K. ASTM C88 - Soundness of Aggregates by Use of Sodium Sulfate and Magnesium Sulfate. L. ASTM C131 - Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. M. ASTM C136- Sieve Analysis of Fine and Coarse Aggregates. N. ASTM C150 -Portland Cement O. ASTM C260-Air-Entraining Admixtures for Concrete. P. ASTM C309 - Liquid Membrane-Forming Compounds for Curing Concrete. Q. ASTM C494 - Chemical Admixtures for Concrete. R. ASTM D698 -Moisture Density Relations of Soils and Soil Aggregate Mixtures. S. ASTM D4318 -Liquid Limit, Plastic Limit, and Plasticity Index of Soils. T. FS TT-C-800 -Curing Compound, Concrete, for New and Existing Surfaces. U. FS TT-00227 and TT-00230-C - Rubberized Polysulfide Urethane Joint Sealing Compound for Concrete Pavement. 1.5 SUBMITTALS A. Submit under provisions setforth in General and Special Conditions and Division 1 of these specifications. B. Product Data:Provide data on mix design,joint filler, admixtures, and curing compounds. 1.6 QUALITY ASSURANCE A. The Contractor is responsible for placing concrete when conditions are conducive to proper _ curing. B. Perform work in accordance with MCIB Standard Specifications and the requirements of the City of Riverside, Missouri Public Works Department Standard Specifications . C. Obtain materials from same source throughout. 1.7 ENVIRONMENTAL REQUIREMENTS A. Do not place concrete when subgrade, forms or equipment are wet or frozen or contain ice or snow. Cold weather concrete work, when the air temperature is below 40 F, shall conform to MCIB Standard Concrete Specification, Section 4-4. B. Hot weather concrete work,when the air temperature is above 80 F, shall conform to MCIB Standard Concrete Specification, Section 44. PART PRODUCTS 2.1 FORM MATERIALS A. Forms shall be in good condition, clean and free of imperfections. Each form shall not vary more than 1/4 inch in horizontal and vertical alignment for each 10 feet in length. B. Forms shall be metal with a height equal to or greater than the specified thickness of the pavement slab or curb height. C. Forms shall be of sufficient cross section and strength and secured to withstand all pressures and loads imposed on it by concrete placement, vibration and finishing including any loads or impact from equipment. - D. Slip form paving and curb machines may be used in place of forms. The machine shall be equipped with mechanical internal vibrators and capable of placing pavement or curb to the correct thickness,cross section, line and grade within the allowable tolerances. 2.2 JOINT MATERIALS A. Expansion joint material for concrete curb and gutter,sidewalk and driveway shall be a pre-formed,one piece, non-extruding material such as 'Bondex"No. 941 pre-formed -- rubber joint, "Rubatex",both manufactured by Rubatex Company or approved equal. B.Joint sealing compound for concrete curb and gutter shall be a one component,gun-grade, -- moisture cured epoxy or urethane such as "Valcum 45"manufactured by Maneco International, "Sikaflex 1-A" by Sika Chemical Corporation or "Pecora CG-9" by Pecora Company or approved equal. 2.3 REINFORCEMENT A. Steel bar reinforcement for concrete pavement and curb dowels shall conform to ASTM A- 615, A-616 or A-617. . _ B.Welded wire fabric shall be W6X6 conforming to ASTM A-185. 2.4 CONCRETE MATERIALS A. Portland cement shall conform to ASTM C-150,Type I. B. Coarse aggregate shall conform to MCIB, Section 4-1. Only limestone from the Bethany Falls or Calloway ledges shall be used. C. Fine aggregate shall conform to MCIB Section 4-1. C. Water shall be potable, not detrimental to concrete. E. Air entraimnent admixture shall be a neutralized vinsel resin type such as adair or an approved equal conforming to ASTM C-260. 2.5 ACCESSORIES A. Liquid membrane curing compound for use on pavement, curb and gutter, sidewalk and driveways shall conform to one of the following types. 1. A white-pigmented,two component water insensitive epoxy having a solid epoxy content of 40 to 60 percent. The application rate is 5 to 8 mils wet. 2. A liquid, white-pigmented, system of styrene acrylate Type I-Class 2 or liquid " chlorinated rubber Type II-Class 2, complying with Federal Specification No. TT-C- 800A. The application rate shall be 6 to 10 mils wet. 3. A fan pattern spray nozzle shall be used when applying liquid curing membrane. 2.6 CONCRETE MIX A. Portland cement concrete used in construction of concrete pavement shall conform to MCIB Mix No. A558-1-2-0.421. — B. Portland cement concrete used in construction of concrete curb and gutter shall conform to MCIB Mix No. A558-1-2-0.421 or WA610-1-4-0.410. C. Portland cement concrete used in construction of concrete sidewalk and driveways shall conform to MCIB Mix No. WA610-1-4-0.410. 2.7 SOURCE QUALITY CONTROL A. Submit proposed mix design of each class of concrete used to City and Engineer for review prior to commencement of work. B. Tests on cement and aggregates will be performed to ensure conformance with specified requirements. C. Test samples in accordance with ACI 301 and MCIB Standard Concrete Specifications. PART 3 EXECUTION 3.1 EXAMINATION L Verify that subgrade is compacted as specified in Section 02300, Earthwork and ready to support paving and imposed loads. ii. Verify that grades and elevations are as indicated on the plans. 3.2 SUBGRADE A. The subgrade surface shall be cut, filied and compacted as required to achieve the lines, grades and cross sections shown on the plans within a tolerance of 1/4 inch from plan elevation. B. The top six(6)inches of the subgrade shall be compacted to 95 percent of the maximum density as specified in ASTM D-698 with a moisture content ranging from minus 2 to plus 3 percent of optimum. C. If the subgrade cannot be properly compacted remove soft material, scarify top 6 inches of subgrade, moisture condition,and compact to 95 percent standard maximum density. D. Protect the finished subgrade from any damage, erosion or settlement until pavement placement. Any areas which are damaged shall be repaired to the specified lines, grades and cross sections. Any subgrade which has become unacceptable shall be reworked and restored to the lines, grades and density specified. 3.3 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Verify that manholes, inlets or any other structures have been brought to the proper elevation, grade and alignment prior to placing concrete. Coat surfaces of manholes, curb inlets, existing structures and frames with oil to prevent bonding with concrete. C. Notify City a minimum of 24 hours prior to commencement of concreting operations. 3.4 FORMING A. Place and secure forms true to line and grade. Forms shall be supported throughout their length and joined in a manner to prevent movement in any direction. B. Clean and lubricate forms prior to each use. Forms shall be assembled to permit easy removal without damage to the new concrete. `- C. Place joint filler vertical in position, in straight lines as specified below. Secure to formwork during concrete placement. 3.5 REINFORCEMENT A.Place reinforcement as indicated in the details and typical sections in the plans. B. Interrupt reinforcement at expansion joints. 3.6 PLACING CONCRETE A.Concrete shall be placed in accordance with MCIB Standard Concrete Specifications. B.Concrete shall not be placed on subgrade or base which is muddy or frozen. -_ C.Concrete shall be placed in such a manner to minimize segregation. D. Ensure reinforcement, inserts, embedded parts and formed joints are not disturbed during concrete placement. D. Deposit concrete on the subgrade or base to the required depth and lane width indicated on the plans. Place concrete continuously between predetermined construction joints in successive batches without using intermediate forms or bulkheads. The concrete shall be placed as closely to its final position as possible in order to minimize the amount of additional spreading necessary. F. Care shall be taken to deposit a sufficient volume of concrete along joints and forms. Curbs constructed of MCIB Mix No. WA-610-1-4 concrete shall be mechanically vibrated. G. During placement, vibrate and compact concrete with the appropriate tools and equipment to prevent voids and honeycomb pockets. Vibration is not required for placement of concrete for - sidewalks and driveways. H.Concrete shall not be allowed to extrude below the forms. 3.7 CURB JOINTS -- A. Joints shall be formed at right angles to the alignment of the curb as specified in the details on the plans. B. Expansion joints shall be placed at all radius points, driveways, curb inlets and any additional locations directed by the City. 1. Expansion joints shall be formed using a one piece, 3/4 inch thick preformed joint filler cut to the configuration of the curb section. 2. Expansion joint material shall be secured to prevent any displacement during concrete placement, consolidation and finishing. 3. Joint edges shall be rounded with a 1/4 inch radius edging tool. C. Curbs shall have one inch deep contraction joints at intervals of not less than 10 feet and not greater than 20 feet. The contraction joints shall extend across the entire curb section to one inch below the pavement surface and may be formed by one of the following methods. I. Contraction joints may be formed using a 1/8 inch metal template cut to the configuration of the curb section. Secure templates in place to prevent them from being disturbed. The templates shall remain in place until the concrete has attained its initial set and finishing is completed. 2. Contraction joints may be tooled to the specified depth. All exposed joint edges shall be given a 1/4 inch radius. 3. Sawed contraction joints may be cut when a curb machine has been used. Joints must be sawed within 24 hours of curb placement. 4. Joint sealer is not required for contraction joints. 3.8 SIDEWALK JOINTS A. Joints shall be formed at right angles to the alignment of the sidewalk according to the Riverside, Missouri Public Works Department Standards. B. Sidewalks shall have traverse joints spaced at a distance equal to the sidewalk width. Sidewalks greater than 6 feet in width shall be divided by longitudinal joints spaced not less than 30 inches or greater than 48 inches with the traverse joints at the same spacing to form a square pattern. C. Expansion joints shall be located as indication in the details. 1. Expansion joints shall be formed using a one piece, 1/2 inch thick preformed joint filler cut to match the cross section of the sidewalk or driveway. The joint material shall be left 1/2 inch below the pavement surface or a tear strip provided to allow for application of joint sealer. - 2. Secure joint material to prevent any displacement during concrete placement, consolidation and finishing. 3. Rround joint edges with a 1/4 inch radius edging tool. D. Contraction joints for sidewalks and driveways shall be one inch deep and 1/8 inch wide with edges rounded by a 1/4 inch radius edging tool. The edger marks shall be left on all sidewalks - and driveways. 1. Contraction joints may be sawed with the approval of the City. 2. Joint sealer is not required for contraction joints. 3.9 CURB AND SIDEWALK FINISHING — A. After placement and initial strike-off, the edges and curb shall be tooled to the radii shown in the details. If the surface is wet enough to create a ridge at the inside of the radius tool, finishing will be discontinued until the excess moisture evaporates. B. After the concrete has achieved initial set, face forms and templates shall be removed and the surface finished to the required dimensions. No water, dryer or additional mortar shall be applied to the concrete. C. After finishing, the surface of the concrete shall be broomed with a fine clean broom. The _ edges and joints of sidewalk and driveways shall be retooled. Finished curb, sidewalk and driveway shall have a true surface, free of sags, twists or warps and shall be uniform in color and appearance. 3.10 CURING A. Concrete curing shall conform to MCIB Standard Concrete Specifications except that water proof paper or polyethylene sheeting, wet burlap and cotton mats are not acceptable curing methods for concrete pavement,curbs, sidewalk and drives. B. As soon as practical after finishing and not later than one hour following placement, the concrete shall be cured by one of the acceptable liquid curing membranes, applied according to the manufacturer's instructions. C. If the forms are removed within 72 hours after placing concrete, or if a slip form paving machine or curb machine are used these surfaces shall also be cured. 3.11 PROTECTION A. The Contractor shall protect concrete work from damage or defacement until accepted by the Owner. Any concrete which has been damaged or defaced shall be removed and replaced or repaired to the City's satisfaction at the Contract expense. B. All concrete pavement shall be protected from vehicular traffic until it has achieved 70 percent of the 28 day compressive design strength. 3.12 JOINT SEALING A. All sidewalk expansion joints shall be sealed with a specified joint sealer within 7 days of concrete placement. Only the sidewalk portion of the curb requires joint sealing with a - specified joint sealer within 7 days of placement. 3.13 TOLERANCE A. Surface tolerance for all concrete work shall be 1/4 inch in 10 feet, in all directions, when checked with a 10 foot straight edge. 3.14 BACKFILL -- A. Concrete forms shall remain in place a minimum of 24 hours. Curbs and sidewalks may be backfilled immediately after forms are removed. -- B. Backfill of concrete work shall conform to the grading specifications set forth in Section 02300,Earthwork. 3.18 CLEANUP A. The Contractor shall be responsible for removal from the site of excess concrete, rock, dirt, debris and any broken concrete. Clean up shall take place as work progresses. B. Contractor shall be responsible for the repair of any existing pavement, curb, sidewalk or driveway damaged or disturbed during construction to the satisfaction of the City. 3.19 FIELD QUALITY CONTROL A. The Contractor shall provide and pay for the services of a qualified, independent testing laboratory to insure that the bituminous concrete mix designs and in-place thicknesses and densities of base and surface courses are in compliance with all the provision of the specifications. B Field inspection and testing will be performed under provisions set forth in the General and Special Conditions and Division 1 of these specifications. E. One additional test cylinder will be taken during cold weather and cured on site under same conditions as concrete it represents. G. Maintain records of placed concrete items. Record date, location of pour, quantity, air temperature, and test samples taken. END OF SECTION 2520 - 02870 - PAVEMENT MARKINGS PART 1 -GENERAL 1.1 Pavement areas shall be striped as indicated on the drawings. Materials shall be as indicated in PRODUCTS. 1.2 Colors shall be white or yellow, full bodied. All striping shall be 4", 6" or 12" wide and uniform, with sharp, straight edges and neat intersections. Furnishings of material and paint striping shall be done by a licensed and insured parking lot service contractor only. PART 2 -PRODUCTS Manufacturer Product Name PPG Pittsburg Traffic and Zone Marking Paint, 11 Line Sherwin Williams Pro Mar Alkyd Traffic Marking Paint PART 3 -EXECUTION 3.1 Paint a 4" wide single line stripe for all auto parking spaces and lane lines as shown on _ drawings. At the pedestrian crosswalks, as shown on drawings, paint 12" wide white stripes each side of walkway in parallel lines and paint 12" wide white lines diagonal to the crosswalk line at 4'-0" O.C. 3.2 Paint 4" wide yellow stripes marking NO PARKING areas using diagonal stripes at 2'-0" O.C. 3.3 Paint disabled parking symbols using a 6" wide single line stripe as detailed on the plans.