HomeMy WebLinkAboutR-2015-082 Agreement Sterling Construction, LLC Swimming Pool Painting Project RESOLUTION NO. R-2015-082
A RESOLUTION AWARDING THE BID FOR RIVERSIDE SWIMMING POOL PAINTING
PROJECT AND APPROVING THE AGREEMENT BETWEEN THE CITY AND STERLING
CONSTRUCTION, LLC FOR SUCH PROJECT
WHEREAS, the City issued an invitation to bid for the painting of the Riverside City
Swimming Pool Painting Project('Project"); and
WHEREAS, the City received one (1) response to its invitation to bid and the bid submitted by
Sterling Construction, LLC in the amount of $17,600.00 has been evaluated by the City and is
recommended as an advantageous proposal for performance of the project; and
WHEREAS, the Board of Aldermen find that Sterling Construction, LLC is the lowest
responsible bidder and that it is in the best interest of the City to enter into a contract with Sterling
Construction, LLC to perform the Project.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE MISSOURI AS FOLLOWS
THAT the proposal of Sterling Construction, LLC for the painting of the Riverside City
Swimming Pool Painting Project in the amount of$17,600.00 is hereby accepted and approved;
and
FURTHER THAT an agreement by and between the City of Riverside and Sterling
Construction, LLC, in substantially the same form as attached hereto and incorporated herein by
reference is hereby authorized and approved; and
FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials
are hereby authorized to take any and all actions as may be deemed necessary or convenient
to carry out and comply with the intent of this Resolution and to execute and deliver for and on
behalf of the City all certificates, instruments, agreements and other documents, as may be
necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED b the Board of Aldermen and APPROVED by the Mayor of
.Shthe City of Riverside Missouri the ay of December 15, 2015.
U
s
Ka hleen L. Rose, Mayor
ATTEST:
Robin Kincpid, City Clgrk
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AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
Riverside City Swimming Pool Painting Project
THIS AGREEMENT, made and entered into as of the day of
2015, by and between the City of Riverside, Missouri ("City"), and
-S+oA L-,J Q C 02n,&f'.e.�.«�:�n ("Contractor"), shall govern all Work to be
provided bytrC actor for City on the Project.
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. "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.
E. "Project Manager" The following project manager employed by the City of
Riverside to manage the project on behalf of the City: Tom Wooddell.
F. "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.
G. "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.
H. "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 A (Scope of Work and
Drawings) to this Agreement and the other Contract Documents, in full compliance with all
requirements set forth in the Contract Documents, subject to additions, deletions, and other
changes as provided for in 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.
I. "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 Project Manager shall act as the City's representative during the construction
period, shall decide questions which may arise as the quality and acceptability of materials
furnished and work performed, and shall interpret the intent of the contract documents in a fair
and unbiased manner. The Project Manager may recommend, but cannot approve Change
Orders resulting in an increase in time of performance or payments due to Contractor. The
Project Manager will make visits to the site and determine if the Work is proceeding in
accordance with the Contract Documents. The Contractor will be held strictly to the intent of the
Contract Documents in regard to the quality of materials, workmanship, and execution of the
Work. Inspections may be at the factory or fabrication plant of the source of the material supply.
The Project Manager will not be responsible for the construction means, controls, techniques,
sequences, procedures or construction safety.
D. Contractor may be furnished additional instructions and detail drawings by the
Project Manager, as necessary to carry out the Work required by the Contract Documents. The
additional drawings and instructions thus supplied will become a part of the contract drawings,
the Contractor shall carry out the Work in accordance with the additional detail drawings and
instructions.
ARTICLE III
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents
and complies fully with each and every obligation of Contractor under the Contract Documents,
City shall pay Contractor the sum of Seventeen Thousand Six Hundred Dollars and no cents
($17,600.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes,
and compensation of every kind related to the Work, and shall be referred to as the "Contract
Amount."
B. The Contract Amount is subject to final determination of Work performed at unit
prices set forth in 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 30 calendar days after the date set forth in the
Notice to Proceed for commencement of performance of Work. The Contractor will proceed
with the work at such rate of progress to insure Substantial completion within the contract time.
It is expressly understood and agreed, by and between the Contractor and the City, that the
contract time to achieve Substantial Completion of the work described herein is a reasonable
time, taking into consideration the average climatic and economic conditions and other factors
prevailing in the locality of the Work. No extensions will be granted, except in case of unusual
(unseasonable) weather conditions or additional work requested by the City under Change Order.
Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work
items as promptly as permitted by weather conditions or any other conditions affecting
completion of the Work.
C. 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, subject to City approval.
Contractor shall give the City at least 48 hours' notice if intending to work on Saturday, Sunday,
holidays or days of impending inclement weather.
D. 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.
E. 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
F. 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 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.
G. SHOP DRAWINGS. Contractor shall submit to Project Manager for review all
shop drawings, samples, product data, and similar submittals required by the Contract
Documents. Contractor shall be responsible to City for the accuracy and conformity of its
submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification
that it has reviewed, checked and approved the shop drawings and that they are in conformance
with the requirements of the Contract Documents. Contractor shall prepare and deliver its
submittals to City in a manner consistent with the construction schedule and in such time and
sequence so as not to delay performance of the Work. Portions of the work requiring a shop
drawing or sample submission shall not begin until the shop drawing or submission has been
reviewed by the Project Manager. Review of any Contractor submittal shall not be deemed to
authorize deviations, substitutions, or changes in the requirements of the Contract Documents
unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. When submitted for the Project Manager's review, any shop drawing
which substantially deviates from the requirement of the Contract Documents shall be evidenced
by a Change Order. If the Contract Documents do not contain submittal requirements pertaining
to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by
Project Manager any shop drawings, samples, product data, manufacturers' literature, or similar
submittals as may reasonably be required by City. Contractor shall perform all Work strictly in
accordance with approved submittals. Project Manager's review does not relieve Contractor from
responsibility for defective work resulting from errors or omissions of any kind on the reviewed
submittals. A copy of each shop drawing and each sample shall be kept in good order by the
Contractor at the site and shall be available to the Project Manager.
H. MATERIALS, SERVICES AND FACILITIES. It is understood that except as
otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for
all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary
construction of any nature, and all other services and facilities of any nature whatsoever
necessary to execute, complete, and deliver the work within the specified time. Materials and
equipment shall be so stored as to insure the preservation of their quality and fitness for the
work. Stored materials and equipment to be incorporated in the work shall be located so as to
facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied,
installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
Material, supplies and equipment shall be in accordance with samples submitted by the
Contractor and approved by the Project Manager. Materials, supplies or equipment to be
incorporated into the work shall not be purchased by the Contractor or by any Subcontractor
subject to a chattel mortgage or under a conditional sale contract or other agreement by which an
interest is retained by the seller.
L INSPECTION AND TESTING OF MATERIALS. All materials and equipment
used in the construction of the project shall be subject to adequate inspection and testing in
accordance with generally accepted standards, as required and defined in the Contract
Documents. The Contractor shall provide at the Contractor's expense the testing and inspection
services required by the Contract Documents. The City shall provide all inspection and testing
services not required by the Contract Documents. If the Contract Documents, laws, ordinances,
rules, regulations or orders of any public authority having jurisdiction require any work to
specifically be inspected, tested or approved by someone other than the Contractor, the
Contractor will give the Project Manager timely notice of readiness. The Contractor will then
furnish the Project Manager the required certificates of inspection, testing approval. Inspections,
tests or approvals by the Project Manager or others shall not relieve the Contractor from the
obligation to perform the work in accordance with the requirements of the Contract Documents.
The Project Manager 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 Project Manager it must, if
requested by the Project Manager, be uncovered for the Project Manager's observation and
replaced at the Contractor's expense. If the Project Manager considers it necessary or advisable
that covered work be inspected or tested by others, the Contractor, at the Project Manager's
request, will uncover, expose or otherwise make available for observation, inspection or testing
as the Project Manager may require, that portion of the work in question, furnishing all necessary
labor, materials, tools and equipment.
J. CORRECTION OF WORK. The Contractor shall promptly remove from the premises
all work rejected by the Project Manager for failure to comply with the contract documents, whether
incorporated in the construction or not, and the Contractor shall promptly replace and re-execute the
work in accordance with the contract documents and without expense to the owner and shall bear the
expense of making good all work of other Contractors destroyed or damaged by such removal or
replacement. All removal and replacement work shall be done at the Contractor's expense. If the
Contractor does not take action to remove such rejected work within ten (10) days after receipt of
written notice, the City may remove such work and store the materials at the expense of the
Contractor.
K. 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.
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.
L. 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.
M. 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. INVITATION TO BID
2. BID FORM
3. AFFIDAVIT OF WORK AUTHORIZATION
4. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND
CONTRACTOR
5. PAYMENT BOND (Required if costs exceed $50,000 only.)
6. SCOPE OF WORK/DRAWINGS
7. NOTICE TO PROCEED
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 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 proper approval of the
City. Project Manager shall review each application for payment and certify for payment such
amounts as Project Manager determines are due Contractor. From the total amount certified, City
shall withhold five percent (5%) as retainage until 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 nor 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 Project Manager issues his or her certificate to that effect. Within thirty (30)
days after the delivery of the Certificate of Acceptance certificate, City 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.
1. 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, material men 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 coverage's and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, 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 $2,000,000.00
b. General aggregate$3,000,000.00
c. Products/completed operations aggregate $3,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
Products/completed operations
Personal/advertising injury
Broad form property damage
Independent contractors
Explosion, Collapse, and Underground Damage
2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor,
City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims for
bodily injury and/or property damage arising out of the ownership or use of
any owned, hired, and/or non-owned vehicle and shall include protection for
any auto, or all owned autos, hired autos, and non-owned autos. The coverage
shall have not less than a combined single limit of $1,000,000.00 for each
accident.
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 "A-" 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 (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 one (1) 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 furnish City a
certificate or certificates and copies of policies, all satisfactory to City, evidencing that
Contractor has all the required insurance and is in compliance with this Article. The certificate or
certificates and copies of policies shall be delivered to City's designated representative not less
than seven (7) days before Contractor first performs any of the Work. All policies except
Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor
of City, its 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. 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
RESERVED
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.
ARTICLE X11
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. 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 City Hall for the City, or the address provided by the
Contractor for itself, or delivered in person to said party or their authorized representative.
B. 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.
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 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, rules,
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
RESERVED
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.
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
RESERVED
ARTICLE XXI
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, around the site of the Work and all
adjacent areas.
B. Representatives of City may inspect or review any Work performed by 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. Neither final payment, 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. Reserved.
E. Reserved.
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
PAYMENT BOND
Simultaneously with delivery of the executed contract, the Contractor shall furnish a
payment bond 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 rating of at least
"A-" from Best's in an amount equal to one hundred percent (100%) of the contract price that
does not include the cost of operation, maintenance and money. Attorneys-in-fact who sign
contract bonds must file with each bond a certified and effectively dated copy of their power of
attorney. (Required if costs exceed $50,000 only.)
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
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 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 ATTORNEY:
By:
Ci y Attorney
Countersigned by:
CITY PURCHASING
AGENT:
By:
Michael Duffy
Acting City Administrator
CITY OF RIVERSIDE
By:
k�tlilleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
CONTRACTOR:
By:
(Signature)
PrintedName:s
Title: S �c,�c
ATTEST:
SECRETARY,
(Name Printed)
EXHIBIT A-SCOPE OF WORK
TITLE: CITY SWIMMING POOL PAINT PROJECT.
SCOPE OF WORK: The contractor shall provide all materials, labor,equipment, and supervision
required to accomplish the following:
General Description: This scope of work is to be accomplished at the Riverside City Pool,2950 NW
Vivion Road Riverside, MO. 64150.
1. Prep swimming pool surface for paint by power water-sand inject for profiling and cleaning,fix,
patch and fill small cracks and voids. Clean all surfaces prior to applying paint.
2. Apply two full coats of Tnemec# 161 pool paint to match existing.
3. All lanes,targets,red warning stripe, squares and depth numbers shall then be applied, match
existing.
4. Shark Grip slip resistant additive will be added and applied full width of the pool, beginning at
zero ramp entry down to the bottom of ramp and extending beyond/past the bottom of the ramp
a minimum of 3 feet.
Application shall be such to create a total non-slip resistant ramp surface. Application shall be
observed and approved by Public Works Director.
Notes:
1. Properly remove,haul,and dispose of all debris. The contractor shall not utilize City
dumpster containers.
2. All components and materials for repairs shall be ASTM compliant.
3. All work will be inspected by Riverside Public Works Department- 816 741 3908.
4. Contact Tom Wooddell,Director of Public Works to schedule a job site visit 8am-4pm
MON-FRI, 816 741 3908.
Include all manuals with warranty and supplier contact information.
CONTRACTOR MUST PURCHASE A RIVERSIDE CITY BUSINESS LICENSE AND PROVIDE AN
INSURANCE CERTIFICATE.
AFFIDAVIT for WORK AUTHORIZATION
(as required by Section 285.530,Revised Statutes of Missouri)
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within
the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of
work authorization programs operated by the United States Department of Homeland Security
or an equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, under the Immigration
Reform and Control Act of 1986(IRCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is
aware of the nature of the person's conduct or that those circumstances exist;or
(b) with respect to a result of the person's conduct when the person is aware that the
person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization
under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3).
State of �Ats(s""'� )
County of P l ltd' ) ss:
BEFORE ME, the undersigned notary, personally appeared
rs-k ((a ,(cam who, being duly sworn, states on his/her oath or affirmation as
follows:
1. My name is XZ—J z�ll l_ h,4� and I am currently the
of1 n (hereinafter
"Contractor"),wh se business address is W % d sfde 641525and
I am authorized to make this Affidavit.
2. I 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: RIVERSIDE CITY SWIMMING POOL PAINTING PROJECT.
4. Contractor does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services set forth above.
11
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.
i
Further,Affiant saith not.
ature of Affiant
m
Nae / I l
Name::
t tJY"
Subscribed and sworn to before me this day of
{ o J c rubor ,2015.
��pgYPI) KARRIHALL
•' My Commission Expires
R = January 26,2619 Notary Public
:,A'•. SEAL. PlafteCounty
eni 14136 16
*PLEASE NOT eptab5e missi menf and participation documentation 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 signature page completed and signed
by the Contractor,and the Department of Homeland Security—Verification.
12
BID FORM
Bid: axTE�n� �H«��q,�f�� �It,a(�f2C D
($ ►�7rCocK�. O6 )
Dated on this LLt cTV day of 12015
�Contractor�Title —�
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Attested Title
470 A) 646r-ho' C;U�rg:de, Bio ��/so
Address
Telephone Number
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IVERSID CITY OF RIVERSIDE EXPIRATION GATE
BUSINESS LICENSE 12/31/2015
OATEISSUED LICENSENIMBER
1/01/2015 1059
ENOL LICENSE FOR
LOCATION OF BUSNESS CONTRACTOR
This license is to be displayed conspicuously at the location of business,and
is not transferable or assignable. FEE CLASS
$48..00 CONTRACTOR INS
TMS LICENSE IS ISSUED Pl1RSUANf TO THE
STERLING CONSTRUCTION, INC PROVISI OF TFE CITY CODEOFTFECITY
PO BOX 681359 OF RIV IDEANDAM T O.
RIVERSIDE MO 64168
ayor
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8164364143 White Grego White 04:20:48 p.m. 11-24-2015 2/2
"% CERTIFICATE OF LIABILITY INSURANCE 11/24/2015
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, DI TEND 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 polky(les) must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and Conditions of the policy,certain polices may require an endorsement. A statement on this Certificate does not confer rights to the
certificate holder in Deo of such endorsements(s).
MIX)Ca 2005-001 CoxrAcr
White,Grego&White Insurance PHONE FAX
8002 N Oak Tray (616)436 a132 jCMj. (816)436 alas
Ste 101 ENAa
Kansas City,MO 641181272 INSUREII(S)AFFORDING COVERAGE NWa#
mum INSURER A:Missouri Employers Mutual Insurance 10181
Sterling Construction,LLC INSURER B:
PO Box 681359 INSURER c:
INSURER D:
Kansas City, MO 64168 WSURER E:
INSURER F:
COVERAGES: CERTIFICATE NUMBER: REVISION NUMBER:
THIS 15 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 ON MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBIECr TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
wan o G
LT11 TYPEOFINSURANCE aNR WVO POLICYNIIMBEN (MUMMY" RWDM/1'YYn 1.1011Ta
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SPECULLPPOVI10N9"abw ELOI we-POLIc'YuMn a 1,000,000
DESCRIPTION OFACORD fol,A40flow Rmu1Ma eaMtluN,Nmen qea Is makeo
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CITY OF RIVERSIDE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2950 NW VIVION ROAD ACCORDANCE WITH THE POLICY PROVISIONS.
RIVERSIDE,MO 64150 AInHOREPREEWME
01888.2010 ACORD CORPORATION.All rights reserved.
ACORO 2S(2010/05) The ACORD name and logo are registered marks of ACORD
8164364143 White Grego White 04:20:37 p.m. 11-24-2015 1 /2
A`Rd 11/24/24CERTIFICATE OF LIABILITY INSURANCE °1 `
/2015
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: H the certificate holder Is an ADDITIONAL INSURED,the polley(les)must he endorsed. If SUBROGATION IS WAIVED,subject to
the terms and condRlons of the policy,certain policies may require an endorsament. A statement on this cer0flcate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER. NA. Rentals Freitag
WbJ.te-Grego-White Insurance Agency PRONE , (816)436-4132 F NF (81614]6-�1E3
6002 N Oak Trafficeay, Ste 103
IN9U 9 PFFORdNO CRVEMOE NAID9
Kansas City NO 64118 MURERA'A"itY 14184
INSURER INSURER a:
Sterling Construction LLC INSURER C:
PO BOK 681359 INSURER D:
INSURERE:
KANSAS CITY NO 64168 INSURER F:
COVERAGES CERTIFICATE NUMBERCL15112401082 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IM ADVIL POUCYEFF POU IX LIMITS
TYPEOFINSURANCE POLICYNNMSER MIO
$ COMMERCIALGENERALWIBILITY EACH OCCURRENCE S 1,000,000
A ClAIM54AADE OOCCUR E 250,000
218717 4/19/2015 4/19/2016 MED EILP fAnyme m) $ 10,000
PERSONAL S ADV INJURY S 1,000,000
GEM AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000
8
POLICY 0R
CT0. LOC PRODUCTS-COMP/OP AGO E 3,000,000
OTHER: Prrp"ftrae"we" E
THAiAUTOS'
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AUTOS E
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EXCESS LIAR CLAIMS-MADE AGGREGATE f
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WORKERS COMPENSATION I PSUATUDE ER
AND EMPLOYERS'LMBIUtt
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DESCRIPTION OF OPERATORS I LOCATIONS IVeOCLES(ACORDIDI,AddNbml RFmFdMSchedule,mgheM ched Nmm Fpew Nnqulmd)
CERTIFICATE HOLDER CANCELLATION
(816)746-8349
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Riverside THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2950 NW Vivion Road _ ACCORDANCE WITH THE POLICY PROVISIONS,
Riverside, NO 64150
AUTHORIZED IiBNiE6ENTArnE
John White/JOHN
9)1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS02s"Al, n
CITY OF
RIVERSI
MISSOURI
Upstream from ordinary.
NOTICE TO PROCEED
DATE:
PROJECT:
PROJECT NO.:
ORDINANCE / RESOLUTION: (approved
TO: Contractor:
(address)
You are hereby notified to commence work on or after the day of
20 in accordance with the Agreement dated
The work shall be substantially completed within Calendar Days. The date of
substantial completion is The project shall be completed and ready for
final payment by
CITY OF RIVERSIDE (Owner)
BY:
Greg Mills, City Administrator
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
BY:
(Title)
this the day of 20
EXHIBIT B—PREVAILING WAGE RATES
A. Special Wage Determination: Prevailing hourly rates of wages follow, as determined by
the Division of Labor Standards, Jefferson City, Missouri.
13
Missouri
(( Division of Labor Standards
WAGE AND HOUR SECTION
F THE
� to
h
�y MncccX �O
C .%,W t b
JEREMIAH W. (JAY)NIXON, Governor
Annual Wage Order No. 22
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified 'copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and
Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must
set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been
furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to
8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of
State of Missouri.
Original Signed by
John E. Lindsey, Director
Division of Labor Standards
This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10.2015
:)
Last Date Objections May Be Filed: April 9,2015
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE Section 083
PLATTE County
asic er-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
Asbestos Worker H&F Insulator $35.24 52 53 $24.48
Boilermaker 8115 $34.76 57 7 $28.00
Bricklayer and Stone Mason 6/15 $34.06 58 39 $18.07
Carpenter 6/15 $36.55 63 68 $15.56
Cement Mason $31.24 65 4 $17.79
Communication Technician $33.65 47 72 $16.26+10%
Electrician Inside WUreman $36.141 13 72 1 $16.26+10%
Electrician Outside-Line Construction\Urleman $39.95 125 65 $5.00+34.5%
Lineman Operator $37.27 125 65 $5.00+34.5%
Groundman $26.47 125 65 $5.00+34.5%
Elevator Constructor 6115 a $43.620 26 54 $29.956
Glazier $30.97 88 32 $16.63
Ironworker 6115 $31.25 50 4 $27.90
Laborer(Building):
General 6/15 $26.70 30 4 $15.15
First Semi-Skilled 6/15 $27.10 30 4 $15.15
Second Semi-Skilled 6115 1 $27.50 1 30 4 $15.15
Lather USE CARPENTER RATE
Unoleum Layer and Cutter 6115 $34.32 46 67 $15.55
Marble Mason $33.76 25 4 $14.66
Marble Finisher $23.78 25 4 $9.18
Mllhvri ht 6/15 $36.55 63 68 $15.55
Operating Engineer
Group 1 6/15 $37.85 85 4 $15.56
Group II 6115 $37.04 85 4 $15.56
Group III 6/15 $31.49 85 4 $15.56
Group 111-A 6115 $35.70 85 4 $15.56
Group IV
Group V 6115 $33.09 85 4 $15.56
Painter $28.13 37 4 $15.42
Pile Driver 6115 $36.55 63 68 $15.55
Pipe Fitter 8/15 $43.08 2 33 $19.57
Plasterer $31.18 68 4 $15.57
Plumber 6115 $41.64 45 33 $20.34
Roofer\Wate roofer 6115 $32.55 95 2 $16.24
Sheet Metal Worker $39.26 17 22 $19.40
Sprinkler Fitter-Fire Protection 8/15 $35.04 14 4 $18.97
Terrazzo Worker 1 $33.76 1 25 4 $14.66
Terrazzo Finisher $23.76 25 4 $9.18
Tile Setter $33.76 25 4 $14.66
Tile Finisher $23.78 25 4 $9.18
Traffic Control Service Driver $15.35 48 49 $2.71
Truck Driver-Teamster
Group 1 $30.09 100 4 $10.90
Group It $30.09 100 4 $10.90
Group 111 $30.29 100 4 $10.90
Group N $30.29 100 4 $10.90
Fringe Benefit Percentage is of the Basic Hourly Rate
"Annual Incremental Increase
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.22 a/15
Building Construction Rates for Section 083
PLATTE County Footnotes
Basic ver-
OCCUPATIONAL TITLE " Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
'Welders receive rate prescribed for the occupational title performing operation to which welding is incidental.
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
a-Vacation: Employees over 5 years-80/6,under 5 years-8%
"Annual Incremental Increase ANNUAL WAGE ORDER NO.22 3115
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
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.2: Means the maximum of eight(8) hours shall constitute a days work beginning at 8:00 a.m. to 12:00 noon, 12:30
p.m.to 4:30 p.m. The maximum work week shall be forty(40)hours beginning Monday at 8:00 a.m.and ending Friday at
4:30 p.m. Because of traffic,parking or other circumstances,the hours of work on any project may be any continuous 8'/2
hours period(8 hours of work plus 30 minutes for lunch) between 7:00 a.m.and 4:30 p.m. When circumstances warrant
and when it is mutually beneficial and agreed to, the Employer may institute a work week consisting of four (4)
consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one-half
(Y=) hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten(10)hours in a workday,
or forty(40) hours in a workweek, overtime shall be paid at a rate of one and one-half(1'/:)times the regular rate of pay.
Overtime performed Monday through Saturday shall be paid at the rate of one and one-half(134)times the regular rate of
pay. Sundays and recognized holidays shall be paid at the double(2)time rete of pay. Labor Day shall be paid at triple
(3)time. Shift work may be performed at the option of the Contractor. However,whenever shift work is performed it must
cover a period not less than (5) consecutive working days. The day shift shall work a regular eight(8) hours shift as
outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and
perform seven and one-half(7'/2) hours work for eight (8) hours pay. Third shift employees shall be paid an additional
$0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours pay. In the event a first shift is not
required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual
hours worked.
NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty(40) hours,
within five(5) days-- Monday through Friday inclusive—shall constitute the regular workweek. The Employer may alter
the above stated hours by two(2) hours for an early starting and quitting time only, not to exceed eight(8) hours of work
in any one day. When job conditions dictate and as required by the customer,the Employer shall be allowed to establish
a four(4)day, ten(10) hour per day work week. This work week is defined as Monday through Thursday,with a Friday
make-up day. The normal 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 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, multiple shifts of at least five (5) days
duration may be worked. When two (2)or three(3) shifts are worked: The first shift(day shift)shall be worked between
the hours of 8:00 a.m. and 4:30 p.m. Workmen on the"day shift"shall receive eight(8) hours pay at the regular hourly
rate for eight(8) hours work. The second shift (swing shift) shall be worked between the hours of 4:30 p.m. and 12:30
a.m. Workmen on the 'swing shift" shall receive eight (8) hours pay at the regular hourly rate plus 10%for seven and
one-half(7 %) hours work. The third shift (graveyard shift) shall be worked between the hours of 12:30 a.m. and 8:00
a.m. Workmen on the"graveyard shift"shall receive eight(8)hours pay at the regular hourly rate plus 15%for seven(7)
hours work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the
completion of a regular shift shall be paid at one and one-half(1%)times the"shift"hourly rate.
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 time and one-half(1'/2). Four(4)
days at ten(10) hours a day may be worked at straight time. All work commencing with the beginning of the established
work day on Saturday shall be paid at the rate of time and one-half(11/2). 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.
AW022 083 OT in3.doc ANNUAL WAGE ORDER NO. 22 Page t of 7
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
NO. 17: Means the regular working day shall consist of eight(8) hours of labor between 7:00 a.m.and 3:30 p.m.and the
regular work week shall consist of five(5)consecutive eight(8) hour days of labor beginning on Monday and ending with
Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as regular working
hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working
hours during the regular work week,shall be at double(2)times the regular rate. Working hours may be varied by two(2)
hours. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties,the Employer
may institute a work week consisting of four(4)consecutive ten(10) hour days,between the hours of five(5)a.m.and six
(6)p.m., Monday through Thursday,with one-half(112)hour allowed for a lunch period each day. Friday may be used as
a make-up day. The make-up day will be voluntary, and a decision not to work may not be held against the employee.
When working four(4)ten(10) hour days overtime will be paid at the time and one-half(1%) rate for the eleventh(11")
and twelfth (12') hour, all other work will be paid at the double (2)time rate of pay. The first two(2) hours of overtime,
Monday through Friday, and the first eight(8) hours on Saturday shall be at time and one-half(1'h)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(115). The regular workday (as previously
defined) on Saturday is paid at time and one-half(1'/z). Work performed outside of the regular Saturday work day is at
double(2)time. All work performed on recognized holidays,or days locally observed as such,and Sundays shall be paid
at the double(2)time rate of pay.
NO. 26: Means regular working hours of eight(8) hours shall constitute a working day between the hours of 8:00 a.m.to
4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal
holidays, and employment before or after the regular working hours shall be considered overtime. Employment on
Saturday, Sunday and legal holidays shall be paid for at twice(2)the regular hourly rate. Employment from 4:30 p.m.to
12:00 midnight, Monday through Friday, shall be paid for at one and one-half(1'/:) times the regular hourly rate. From
12:00 midnight until 8:00 a.m. on any day shall be paid for at twice(2)the regular hourly rate.
NO. 26: Means that the regular working day shall consist of eight(8) hours worked between 6:00 a.m., and 5:00 p.m.,
five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the
general contractor and worked by the majority of trades. (The above working hours may be changed by mutual
agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day
on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The
employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for
construction work, the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m. and
6:00 p.m.,four(4)days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday,Sunday and
holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day
workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work
performed on holidays shall be at two times(2)the single time rate of pay.
NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 AM.,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'/2)the regular rate. In the event that a scheduled eight(8)hour workday is
missed (not to include holidays) because of events out of the control of the contractor,then that missed work day may be
made up at straight time the following Saturday. It is recognized that not all employees working on a Saturday make-up
day will have worked the same number of hours during the regular work week. It is further recognized that any work
after the forty(40) hours in a week must be paid at time and one-half(1'/�). Saturday make-up day shall not be used to
make up for time lost due to recognized holidays. The employer may establish a 4-10's schedule on projects(4 days with
10 hours per day). If using a 4-10's schedule, a Friday make-up day is allowed. If using a 4 (10) schedule, any work
more than ten (10) hours in a day or forty (40) hours in a work week shall be paid at the time and one-half(1%) rate.
Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work performed on
Sundays or holidays shall be paid at the double(2)time rate.
AW022 083 OT in3.doc ANNUAL WAGE ORDER NO. 22 Page 2 of 7
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
NO. 37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday
make-up day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five
eights"and after ten hours when working "four tens". All work performed on Sundays and recognized holidays shall be
paid for at the rate of double(2)time. All Saturday work shall be paid for at the rate of time and one-half(1'%)the regular
wage rate. All night work during the regular work week other than the above-mentioned days shall be paid for at the rate
of time and one-half(1'%)the regular wage scale until midnight and double(2)time after midnight except make-up time
will be allowed under the following condition: In the event of inclement weather on exterior projects which prevents
working the full regular eight(8) hour day,forty(40)hour work week schedule, a Saturday make-up day can be granted.
Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40) hours per
week.
NO.45: Means eight(8)hors shall constitute a day's work, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular
work week shall be forty(40) hours, beginning Monday, 6:00 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) tours in a workweek, overtime shall be paid at a rate of one and one-half(11/2) times the regular
rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one half(1'/:)the regular rate of
pay. Sunday and recognized holidays shall be paid at double (2)time. Labor Day shall be paid at triple(3) time. Shift
work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a
period not less than (5) consecutive working days. The day shift shall work a regular eight (6) 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. B no first shift is worked,second and third shift employees shall receive an additional
fifteen percent(15%)over and above the hourly rate for actual hours worked.
NO.46: Means the regular work day shall be eight(8) hours from 6:00 a.m.to 6: 30 p.m. Starting time may be between
6:00 a.m.and 10:00 a.m. The regular work week shall be forty(40) hours, beginning between 6:00 a.m.and 10:00 a.m.
on Monday and ending between 2:30 p.m.and 6:30 p.m. on Friday. All hours in excess of the regular work day and work
week shall be considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for
at the rate of time and ane-half(1'/2) the regular rate. Sunday and recognized holidays shall be paid for at the rate of
double time (2)for time worked. The Employer may establish a work week consisting of four(4)days, Monday through
Thursday, each day consisting of ten(10) hours at straight time rate of pay. The 4-1 O's must run for a period of at least
four(4)days.
NO 47: Means a regular workday shall consist of eight (8) hours between 6:00 a.m. and 6:30 p.m. Forty (40) hours,
within five (5) days -- Monday through Friday or Tuesday through Saturday inclusive -- shall constitute the regular
workweek. The Employer may alter the above stated hours by two(2)hours for an early starting and quitting time only,
not to exceed eight(8) hours of work in any one day. The Employer shall be allowed to establish a four(4) day, ten(10)
hour per day work week. This work week is defined as Monday through Thursday, with a Friday make-up day. The
normal work day under a ten (10) hour four(4)day work week shall be from 7:00 a.m. to 6:00 p.m. All hours worked in
excess of ten(10)hours per day or forty(40)hours per week or tours 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, multiple shifts of at least five (5) days duration may be worked. When two (2) or three (3) shifts are
worked: The first shit(day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day
shift" shall receive eight(8) hours pay at the regular hourly rate for eight(8) hours work. The second shift(swing shift)
shall be worked between the hours of 4:30 p.m. and 12:30 a.m. Workmen on the "swing shift" shall receive eight (8)
hours pay at the regular hourly rate plus 10% for seven and one-half(7 'h) 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.
AW022 083 OT in3.doc ANNUAL WAGE ORDER NO.22 Page 3 of 7
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
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(134)
will be paid for all work in excess of forty(40)hours in any one work week. On the Monday through Friday schedule, all
work performed on Saturday will be time and one-half(1'/2) unless time has been lost during the week, in which rase
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 day's work Monday through Friday. Any time worked over eight(8)
hours will normally be paid at time and one-half(I V2)except for exclusions stated in some following additional sentences.
The Employer, at his discretion,may start the work day between 6:00 a.m. and 9:00 a.m. Any schedule chosen shall be
started at the beginning of the work week(Monday)and used for at least five days. Work may be scheduled on a four(4)
days a week (Monday through Thursday)at ten(10) hours a day schedule. If such a schedule is employed,then Friday
may be used as a make-up day when time is lost due to inclement weather. Time and one-half(1'/)shall be paid for any
work in excess of eight(8) hours in any regular work day Monday through Friday unless working 4-10's, then time and
one-half(1'/)after ten(10) hours. All work performed on Saturday will be time and one-half(1'/). Double(2)time shall
be paid for all work on Sundays and recognized holidays.
NO. 52: Means the regular workweek shall consist of five (5) eight(8) hour days, Monday through Friday. The regular
workday shall consist of an eight(8) hour period, to be worked between the agreed upon starting time, and ending no
later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 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 dr 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, all work
performed outside the regular working hours and performed during the regular work week(Monday through Friday)shall
be at the following rates of pay:
Holi a 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.
Overtlme-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
(1 h). All other overtime will be paid at the double(2)time rate.
B. The first ten (10) hours worked on Saturday will be paid at time and one-half(1'/z),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.
AW0220830T in3.doc ANNUAL WAGE ORDER NO. 22 Page of
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
NO. 57: Means eight (8) hours per day shall constitute a days work and forty(40) hours per week, Monday through
Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. If a second or third shift is used,
the regular starting time of the second shift shall be 4:30 p.m.and the regular starting period for the third shift shall be
12:30 a.m. These times may be adjusted by the employer. The day shift shall work a regular eight (8) hours shift as
outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and
perform seven and one-half(7'%) hours work for eight(8) hours pay. Third shift employees shall be paid an additional
$0.50 above the regular hourly rate and work seven(7)hours for eight(8) hours pay. When circumstances warrant, the
Employer may change the regular workweek to four(4)ten-hour days at the regular time rate of pay. All time worked
before and after the established workday of eight(8) hours, Monday through Friday, and all time worked on Saturday
shall be paid at the rate of time and one-half(1'/2)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 $1.29 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 day's work. Five (5)
days work,Monday through Friday,shall constitute a normal work week. Work performed in excess of eight(8)hours per
day or eight hours beyond normal starting time for that project excluding lunch Monday through Friday, and all work
performed on Saturday,shall be paid for the rate of time and one-half(1%). When Sundays and recognized holidays are
worked, the worker(s) shall be paid at the rate of double (2)time. Work may be scheduled on a four(4) days a week
(Monday through Thursday)at ten(10) hours a day schedule at straight time. A Friday make-up day is available if time is
lost due to inclement weather and at least sixteen(16)hours, but not more than thirty(30) hours,were worked during the
week.
NO. 63: Means eight(8) hours shall constitute the regular work day between time that may be advanced or delayed by
two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four(4) days, Monday
through Thursday,each day consisting often (10) hours straight time. The four(4)tens(10s)must run fora period of at
least four(4)days, Monday through Thursday. All work on Friday on a four(4)tens(10)project will be paid at the rate of
time and one-half(134). 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'/z)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'h)and five(5)hours after starting time. The starting time may be
advanced by two(2) hours or delayed one (1) hour by the employer from the regular starting time. All work performed
before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half
(1Yz). Work performed outside these hours shall be paid at the overtime rate of time and one-half (134), except as
provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time
rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.m. and all time, after the
normal quitting time(5:30 p.m.), shall be paid at the overtime rate. Eight(8)hours shall constitute the work day. All work
performed prior to or after the regular eight(8) hour work day, as described above, and all work performed on Saturday
shall be paid at time and one-half(1 1/2)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
time on the following Saturday. It is recognized that riot all employees working on a Saturday make-up day will have
worked the same number of hours during the regular work week. It is further recognized that any work after forty (40)
hours must be paid at time and one-half(1'F:). The employer may establish a 4-1 O's schedule on projects(4 days with 10
hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a
minimum of one(1)week. If using a 4-10's schedule,a Friday make-up day is allowed.
AWO22 083 OT in3Aoc ANNUAL WAGE ORDER NO.22 Page 5 of 7
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
NO. 68: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with
one half hour for lunch between three and one-half and five hours after starting time. The starting time may be advanced
or delayed by the employer up to one hour from the regular starting time. All work performed before the advance starting
time and during the half hour lunch shall be paid at the overtime rate of time and one-half(1'/:). Work performed outside
these hours shall be paid at the overtime rate of time and one-half(1%), except as provided otherwise below. All work
performed on Sundays or holidays shall be paid at the double(2)time rate. Eight(8)hours shall constitute the work day.
All work performed prior to or after the regular eight(8) hour work day, as described above, and all work performed on
Saturday shall be paid at time and one-half (1'/) the regular rate, except as hereinafter described. In the event that a
scheduled eight(8)hour work day is missed(not including recognized holidays)because of inclement weather,then that
missed work day may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not
all employees working on a Saturday make-up day will have worked the same number of hours during the regular work
week. It is further recognized that any work after forty(40) hours must be paid at time and one-half(1'/z). 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 4-1 O's
schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If using a 4-10's schedule, a Friday
make-up day is allowed.
NO. 85: Means the work week shall be Monday through Sunday. Eight(6) hours shall constitute a days 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'h)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'f.). Sundays and recognized holidays shall be paid at the
double (2)time rate of pay. A contractor may atter 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 starting time may be advanced or delayed by one hour on either side of 7:00 a.m. The
advanced or delayed starting time must run for a period of at least five (5) days. The Employer may establish a work
week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at straight time.
The 4-10's must run for a period of at least four(4) days. Time and one-half(1'/3) shall be paid for any work in excess of
eight(8) hours in any regular work day Monday through Friday(or ten hours in a 4-1 O's week),the first eight(6) hours of
a Saturday, and it shall be at time and ane-hag(1'/z)for the Friday and Saturday following Thanksgiving. Double(2)time
shall be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day, as well as any work in excess of eight (8) hours on a Saturday and the Saturday
of a three-day weekend(except the Saturday following Thanksgiving).
NO.95: Means a regular workday shall consist of eight and one-half(8'f) hours elapsed time, including one-half hour for
lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over ten
(10) hours of elapsed time per day including one-half hour for lunch and/or any work performed over forty(40) hours at
the straight time rate in one week shall be paid at time and one-half (1'/:) the straight time rate. Saturday shall be a
voluntary make-up day at straight time at the discretion of the contractor and with the consent of the employees. Sunday
and recognized holidays shall be paid for at double(2)time.
AW022083OTin3.doc ANNUAL WAGE ORDER NO. 22 Page 6of7
REPLACEMENT PAGE
PLATTE COUNTY
BUILDING CONSTRUCTION OVERTIME SCHEDULE
NO. 100: Means eight(8) hours shall constitute a day's work, and five(5)continuous eight-hour days shall constitute a
week's work, Monday through Friday. Time and one-half(1'/:)the regular hourly rate shall be paid for all work performed
in excess of eight(8) hours in any one day or forty(40)hours in any one week. Starting time shall be between 6:00 a.m.
and 9:00 a.m. All work over eight(8)hours in a regular 5-day 8-hour schedule shall be at the appropriate overtime rate.
All time worked before the regular scheduled starting time shall be paid for at the rate of time and one-half(11/2)and shall
not apply to regular shift. All time worked after eight(8) hours in any one day or after 5:30 p.m.,whichever comes first,
shall be paid at the time and one-half(I%)rate. An Employer,at his option,may elect to work four(4)ten(10)hour days,
Monday through Thursday,at straight time. All such work must be done at least one week in duration. All work over ten
(10)hours in one day or forty(40)hours in a week shall be at the overtime rate. Any employee who is scheduled to work
on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on
Saturday(Friday if working 4-10's)as a make-up day at the straight time rate of pay. When an employee is required to
work on any recognized holiday they shall receive the double (2) time rate for all time that they are required to perform
work. All time worked from 12:00 Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double (2)
time on single shift.
NO. 125: Eight(8) hours of work between the hours of 8:00 a.m. and 4:30 p.m.shall constitute a work day. Forty(40)
hours within the five (5)days, Monday through Friday inclusive, shall constitute the work week. Starting time may be
adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable
overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted
accordingly. The overtime rate of pay shall be one and one-half(1%) times the regular rate of wages, other than on
Sundays, holidays and from Midnight until 6:00 a.m.,which will be paid at double(2)the straight time rate.
AW022083 OT in3.doc ANNUAL WAGE ORDERNO.22 Page 7of7
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
(1'/) rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above
holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on
Saturday,the preceding Friday shall be observed.
NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day
shall be paid at the double time rate of pay. Labor Day shall be paid at the triple(3)time rate of pay. If the holiday
falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be
observed.
NO. 39: No work shall be done on the following holidays: New 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 41h, 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(11/2)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.22
AW022 083 eHol.doc Page 1 of 2 Pages
PLATTE COUNTY
HOLIDAY SCHEDULE-BUILDING CONSTRUCTION
NO. 65: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. If the holiday falls on
Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be
paid for at double(2)the regular straight time rate of pay.
NO. 67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving
Day,from midnight to midnight, shall be paid for at the rate of double time(2)the basic rate of pay if required to work
in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on
Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered
optional holidays, and if the Employer and employees agree that work will be performed on that day, no premium
pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday.
Should any of the above holidays fall on Sunday,the holiday will be observed on Monday.
NO. 68: All work performed on New Year's Day, Decoration Day(Memorial Day), Independence Day (Fourth of
July), Labor Day,Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double
(2) time. When a holiday falls on a Saturday, Friday 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'f).
NO. 72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor
Day,Thanksgiving Day and Christmas Day shah 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.22
AW022 083 BHol.dw Page 2 of 2 Pages
Heavy Construction Rates for REPLACEMENT PAGE Section oes
PLATTE County
asic er-
OCCUPATIONAL TITLE 'Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
Carpenter 6/15 $36.55 1 17 $15.55
Cement Mason $30.57 3 2 $15.80
Electrician Outside-Line ConstructionlLineman $39.95 18 24 $5.00+34.5%
Lineman Operator $37.27 18 24 .00+34.5%
Lineman-Tree Trimmer $20.90 31 30 $6.01 +23.5%
Groundman $26.47 18 24 $5.00+34.5%
Groundman-Tree Trimmer $16.90 1 31 30 $6.01 +23.5%
Laborer
General Laborer 6/15 $28.54 3 2 $14.57
Skilled Laborer 6/15 $29.75 3 2 $14.57
Millwright 6115 $36.55 1 17 $15.55
Operating Engineer
Group 1 6115 $35.23 3 2 $15.53
Group II 6/15 $34.19 3 2 $15.53
Group 111 6115 $34.19 3 2 $15.53
Group IV 6/15 $29.72 3 2 $15.53
Oiler-Driver 6/15 $33.07 3 2 $15.53
Pile Driver 6/15 $36.55 1 17 $15.55
Traffic Control Service Driver $15.35 27 26 $2.71
Truck Driver-Teamster
Group 1 $29.74 3 2 $13.30
Group 11 $29.74 3 2 $13.30
Group 111 $29.74 3 2 $13.30
Group IV $29.74 3 2 $13.30
Use Heavy Construction Rates on Highway and Heavy construction In accordance with the classifications of
construction work established in 8 CSR 30.3.040(3).
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
H a worker is performing work on a heavy construction pmiect within an occupational Ode that is not listed on the
Heavy Construction Rate Sheet use the rate for that occupational title as shown on the Building Construction Rate sheet.
'Annual Incremental Increase ANNUAL WAGE ORDER NO.22 6/15
PLATTE COUNTY
OVERTIME SCHEDULE-HEAVY CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 ''%) shall be paid for all work in
excess of forty(40)hours per work week.
NO. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2)
hours on either side of 8:00 AM. The Employer may establish a work week consisting of four(4) days, Monday through
Thursday,each day consisting of ten(10)hours straight time. The four(4)tens (10s)must run for a period of at least four
(4) days, Monday through Thursday. All work on Friday on a four(4)tens (10) project will be paid at the rate of time and
one-half(134). All work performed on Saturday shall be paid at time and one-half(1'/:). All work performed on Sundays
and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour
work day,or ten(10)hour work day, as described above shall be paid at time and one-half(1'/2)the regular rate.
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'/z). 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 not
later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work
performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1%).
NO: 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'/:)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 7:00 a.m. nor later
than 10:00 a.m. Forty(40) hours shall constitute a week's work. Overtime at the rate of time and one-half(1'/:)will be paid
for all work in excess of forty(40) hours in any one work week. On the Monday through Friday schedule, all work performed
on Saturday will be time and one-half(1'h)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(11F) 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. 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.
AW022083 HOT ANNUAL WAGE ORDER NO. 22
Page 1 of 1 Pages
PLATTE COUNTY
HOLIDAY SCHEDULE—HEAVY CONSTRUCTION
NO. 2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of
time and one-half(1'M.). Double(2)time shall be paid for work on Sundays or recognized holidays when and only if other
craft employees of the same employer at work on that same job site are receiving double (2)time pay for that Sunday or
holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is
applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be
observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified
holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that
week shall be paid at the rate of time and one-half(1'/:).
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 lime 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'f)
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.
AW022 083 HHol.doc ANNUAL WAGE ORDER NO.22 Page t of t
EXHIBIT C
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
(to be completed at conclusion of project)
1, upon being duly sworn upon my oath state that:
(1) 1 am the of
(2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment of wages to
workers employed on public works projects have been fully satisfied with regard to this
Contractor's work on RIVERSIDE CITY SWIMMING POOL PAINTING PROJECT;
(3) 1 have reviewed and am familiar with the labor standards provisions and prevailing wage
rules established by the Missouri Department of Labor and Industrial Relations Division of
Labor Standards;
(4) based upon my knowledge of these rules, including all occupational titles set out in the
applicable regulations, I have completed full and accurate records clearly indicating:
(a) the names, occupations, and crafts of every worker employed by this Company in
connection with this Project together with an accurate record of the number of hours worked by
each worker and the actual wages paid for each class or type of work performed,
(b)the payroll deductions that have been made for each worker, and
(c)the amounts paid to provide fringe benefits, if any, for each worker;
(5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a
third party pursuant to a fund, plan,or program on behalf of the workers;
(6) these payroll records are kept and have been provided for inspection to the authorized
representative of the City of Riverside and will be available, as often as may be necessary, to
such City and such other regulatory agencies as may be deemed necessary;
(7) such records shall not be destroyed or removed from the State of Missouri for one (1) year
following the completion of Contractor's work on this Project;
(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.
14
Contractor Signature
Printed Name
Subscribed and sworn to me this day of 12016.
Notary Public
My Commission expires:
15
CITY OF RIVERSIDE, MISSOURI
INFORMATION FOR BIDDERS
The City of Riverside, Missouri(the"City")invites sealed bids for the
RIVERSIDE SWIMMING POOL PAINT PROJECT
1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk,
Riverside City Hall,2950 NW Vivion Road, Riverside,MO 64150, until 10:00 a.m., on November
18,2015, at which time all sealed bids will be publicly opened and read. The envelope containing the
bids must be sealed, clearly marked on the outside of the envelope"Riverside Swimming Pool Paint
Project"and addressed to the City Clerk at Riverside City Hall.
The City reserves the right to award the contract by sections,to accept or reject any and all bids,to waive
any technicalities or irregularities therein,to negotiate further with the selected bidder,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, if applicable.
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 an Affidavit of Work Authorization. All blank spaces for bid prices must be filled in, in
ink or typewritten, in both words and figures. 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.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND
CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID,THE
BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND
IS FULLY FAMILIAR THEREWITH,THAT CONTRACTOR HAS VISITED THE SITE OF THE
WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS,
AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL
ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid
Documents are sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for performance of the work.
Bids by a corporation must be executed in the corporate name by the president or a vice-president(or
other corporate officer accompanied by evidence of authority to sign)and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown
below the signature.
Bids by a partnership must be executed in the partnership name and signed by a partner,whose title must
appear under the signature and the official address of the partnership must be shown below the signature.
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: Public Works Director, City of Riverside: Tom Wooddell; 816-741-3908;
twooddell@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. 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
available on the City's website.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 or specified in the specifications without consideration of possible substitute of"or-
equal" items. Whenever it is 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 be used on the
project. The list shall indicate which materials each supplier is furnishing.
The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at
the time of submission of the bid to manage or perform all of the Work required to be performed on the
project by Contractor under the Agreement.
7. Qualifications of Bidder: The City may make such investigations as it deems necessary to determine
the ability of the bidder to perforin 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.
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.
• 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. Time of Completion 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 30 consecutive Calendar Days thereafter. START DATE MARCH 15,2016 COMPLETED
BY MAY 1,2016 NO LATER.
9. 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 carry out the provisions of
the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or
means as will not cause any interruption of or interference with the work of any other contractor.
10. Laws and Regulations: The bidder's attention is directed to the fact that all applicable federal and
state laws, municipal ordinances,and the rules and regulations of all authorities having jurisdiction over
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.
11. Method of Award -Lowest Responsible Bidder: The contract will be awarded to the"lowest
responsible bidder".
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.
12. 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.
13. 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.
14. 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.
15.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.
16. 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.
17. 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.
18. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current
city business license prior to beginning construction.
19. 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.
20. 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.
21. Payment Bond: Simultaneously with delivery of the executed contract,the Contractor shall furnish a
payment bond 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 rating of at least"A-"from Best's in an amount equal to
one hundred percent(100%)of the contract price that does not include the cost of operation,maintenance
and money. Attorneys-in-fact who sign contract bonds must file with each bond a certified and
effectively dated copy of their power of attorney. (Payment Bond Required if Costs Exceed$50K Only).
22. Sienine of Aereement: 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.
23.Insurance: Contractor shall provide a certificate of insurance evidencing commercial general liability
insurance coverage in an amount of not less than $1,000,000.With the City named as an additional insured.
Additionally,the certificate shall evidence workers' compensation insurance in an amount not less than
required by Missouri law.
BID FORM
Bid:
Dated on this day of 2015
Contractor
Title
(SEAL)
Attested Title
Address
Telephone Number
AFFIDAVIT for WORK AUTHORIZATION
(as required by Section 285.530, Revised Statutes of Missouri)
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within
the State of Missouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of
work authorization programs operated by the United States Department of Homeland Security
or an equivalent federal work authorization program operated by the United States Department
of Homeland Security to verify information of newly hired employees, under the Immigration
Reform and Control Act of 1986 (IBCA), P.L. 99-603.
KNOWINGLY: A person acts knowingly or with knowledge,
(a) with respect to the person's conduct or to attendant circumstances when the person is
aware of the nature of the person's conduct or that those circumstances exist; or
(b) with respect to a result of the person's conduct when the person is aware that the
person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization
under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3).
State of )
County of ) ss:
BEFORE ME, the undersigned notary, personally appeared who, being
duly sworn, states on his/her oath or affirmation as follows:
1. My name is and I am currently the of
(hereinafter "Contractor"), whose business address is
and I am authorized to make this Affidavit.
2. I 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: EH Young River Walk Fence Paint Project.
4. Contractor does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services set forth above.
5. Attached hereto is documentation affirming Contractor's enrollment and participation in
a federal work authorization program with respect to the employees working in connection with the
contracted services.
Further,Affiant saith not.
Signature of Affiant
Printed Name:
Subscribed and sworn to before me this day of
,2015.
Notary Public
*PLEASE NOTE: Acceptable enrollment and participation documentation 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 signature page completed and signed
by the Contractor, and the Department of Homeland Security—Verification.