Loading...
HomeMy WebLinkAbout2007-102 - Contract with Midland Wrecking IncBILL NO. 2007-102 ORDINANCE NO. 2007-102 AN ORDINANCE A HORIZING THE CITY OF RIVERSIDE TO ENTER INTO A CONTRACT WITH, AND PAY CERTAIN FUNDS TO MIDLAND WRECKING INC FOR THE 4610 NW KAREN AND 5049 NW GATEWAY DEMOLITION PROJECT WHEREAS, Midland Wrecking Inc. ("Contractor") is providing services for demolition services ("Services"), to the City for the 4610 NW Karen and 5049 NW Gateway demolition project ("The Project"); and WHEREAS, Contractor desires to provide such Services and requires funding to provide services to the City; and WHEREAS, the City fmds that the provisions of the Services is a public purpose and the City has the capability and desire to retain Contractor for the provisions of such Services to the City. NOW, THEREFORE, BE IT ORDAINED, by the Boazd of Aldermen of Riverside, Missouri, as follows ~ Section 1. The City finds that the provisions of the Services contributes to the welfare of the City, that the Services are important to the welfaze of the City and that the provisions of the funds to assist in the providing such Services aze for a public purpose. ORDINANCE N0.2007-102 Section 2. The City of Riverside shall pay to the Contractor for the provisions of the Services to the City, pursuant to Exhibit A, which is heieby approved, in the amount not to exceed Twenty-Six Thousand Six Hundred Ninety-Six Dollazs and no/100 ($26,696.00). Section 3. The Mayor, City Administrator and City Clerk are authorized and directed to execute the Service Agreement with such changes as such officer shall approve, execution of.such document being conclusive proof of such approval. The Mayor, City Administrator and City Clerk aze each authorized and duected to perform all the acts and execute any other documents necessary or desirable to effectuate the intent of this Ordinance. Section 4. This Ordinance shall take effect immediately. Passed this 4th day of September, 2007. Mayor Kathleen L. Rose ATTEST: Louise Rusick City Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND FOR COMPLETION OF 5049 NW Gateway & 4610 NW Karen Demolition Project CONTRACTOR: MIDLAND WRECKING, INC. ORDINANCE NO.: 2007-102 CONTRACT PRICE: $26,696.00 Agreement 00300-1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 5049 NW Gateway & 4610 NW Karen Demolition Project THIS AGREEMENT, made and entered into as of the day of , 2007, by and between the City of Riverside, Missouri ("City"), and Midland Wrecking, Inc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No. 2007-102 Approved September 4, 2007 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator .("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and to this Agreement and the other Contract Docurr~ents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under .which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE II CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of Twenty Six Thousand Six Hundred Ninety-Six Dollars and No Cents ($26,696.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E aze estimates only, are not guazanteed, and aze solely for the purpose of comparing bids and determining an initial Contract Amount. Determination of the actual quantities and classifications of unit price Work performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work aze included in the lump sums and unit prices set forth in Exhibit E. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the lump sums and unit prices set forth in Exhibit E. All• Work not specifically set forth in Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E aze materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. E. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of pazticulaz appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. 2007-102 authorizing the Work, and Contractor shall ~ not seek, :nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing tl~e amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 60 working days after the date indicated in the Notice •to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working time. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. If the Contractor failures to achieve Substantial Completion in accordance with this Agreement, City may exercise its rights under Paragraph F below and Article XIII of this Agreement, under all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. D. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by•the conditions of the Work and the Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. F. In the event Administrator determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, .to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G.Contractor shall submit to City for review and approval all shop drawings, samples, product data., and similar submittals required; by the Contract Documents. Contractor shall be responsible to City for the accuracy and conf 'ty of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to Ci m a manner consistent with the construction schedule and in such time and sequence so as not to delay pe, ormance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorizQ~ deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. BID BOND (Exhibits B.1 and B.2 to this Agreement). 4: ITEMIZED PROPOSAL (Exhibit C to this Agreement). 5. PREVAILING WAGE RATES (Exhibit D to this Agreement). 6. CONTRACTORS QUALIFICATION STATEMENT (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor anS supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines aze due Contractor. From the total amount certified, Administrator shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No. 2007-102. Payment shall be made to Contractor after the Boazd of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similaz receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F.Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the.Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed upon Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery 'of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of fmal 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 fmal payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: - 1. Unsatisfactory job progress, 2. Defective Work, 3: Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/or, material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be chazged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, de~etions 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 involved is covered by unit prices set forth in Exhibit E, b~ application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools,'whether rented, from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for perfo~nance of the Work. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the ~Jork that is the subject of the Change Order, including but not limited to all direct and indirect.costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. G. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 c. Products/completed operations aggregate $2,000,000.00 d. T'he 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 emp~loyees, officers, and agents, and any architects, engineers, or other design profes§ionals 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 Iaw. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury_by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B~+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage 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, shall, in form satisfactory to City, (1) name as additional insured's City, its employees, officers, and agents, and any azchitects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than one yeaz 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 foil cost of replacement at the time of loss. This insurance shall list as named insured's City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. 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 fmal 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 actually covered by the property insurance obtained by Contractor, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice to City in the event of cancellation or expiration of coverage afforded by the policy or evidenced by the certificate. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article VII. The certificate or certificates and policies shall be delivered to City's designated representative not less than seven days before Contractor fast performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City and its employees, officers, and agents. F. Contractor also shall maintain any additional insurance coverage's 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. ARTICLE VIII INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regazdless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Pazagraph A. B. In claims against any person or entity indemnified under the preceding Pazagraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under Pazagraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademazk or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the awazd or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor- to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chazgeable 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 chazged on a lump sum basis, the records to be maintained hereunder include but aze not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: Ed Kates President Midland Wrecking, Inc. 1900 S. 78th Street Kansas City, KS 66106 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT A: If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 721iours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possessidn of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by ity as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materals, 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. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project azea. Contractor shall secure all permits from publi~ 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 m form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XVII ACCESS TO STTE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehiculaz and pedestrian, azound the site of the Work and all adjacent azeas. The public street shall remain open to traffic at all times. Driveway access to adjacent property shall be restored at the end of each working day. 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 resul~g from the Work. Prior to discontinuing Work in an area, Contractor shall clean the azea and remove all ~ bbish 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 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 XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work aze discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in ~ addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B: Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does •not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents; and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in ccsnnection with performance of the Work and .shall take reasonable precautions for the safety of, and shall prp`vide 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 properly at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor- shall give notices and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIII CONFLICT Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. ARTICLE XXV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXVIII TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXIX ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE By: Kathleen L. Rose MAYOR ATTESTED: Louise Rusick CITY CLERK Midland Wrecking, Inc. By: Steve Tripp Printed Name: Steve Tripp Title: Project Manager EXHIBIT A SCOPE OF WORK Contractor shall perform the followjng Work: 1. Demolition of Buildings at 5049 NW Gateway Dr, Proposal #1, Exhibit B; and 4610 NW Koren Dr. Proposal #2, Exhibit C The work shall consist of full removal of existing building and all related appurtenances, including but not limited to any basement floor, walls and foundation materials. These materials must be disposed of in a State of Missouri approved "demolition landfill" being licensed 'to receive such materials. The contractor must ensure that all utilities have been disconnected in cooperation with the'owner of the respective utility. All service lines, laterals, cables or other underground facilities on the site shall be excavated and removed except as noted*. *Exception Noted: DO NOT REMOVE WILLIAMS PIPELINE. Care shall be taken and coordination shall be made with Williams Pipeline Company in regard to their "live utility" adjacent to 4610 NW Karen structure. The excavations shall be properly backfilled and the utilities shall be plugged or capped at the edge of the property from which the utility enters. All walls, pavement, footings and foundations, etc. shall be removed. The Contractor shall re-grade the site to provide a level site. If additional material is needed to accomplish this grading, the Contractor shall import suitable fill material to leave the site in a stable condition. Erosion measures shall be implemented to protect the site as outlined herein. The following documentation is needed before work can begin: 1. Utility shut-off.letters from KCPL, MGE, and Missouri American Water Company. 2. Sewer capping approval from Riverside Public Works Department (PWD). 3. Riverside Fire Marshall and/or Building Official Review and any required permit(s). 4. Permission from Riverside PWD is needed to place a dumpster in any right-of-way. C. The following inspections are necessary before and after demolition: 1. Pre-demolition Inspection: This must be performed by the Riverside Fire Mazshall and Riverside PWD Building Official. 2. A copy of all dump tickets from a licensed landfill must be available. 3. Open holes, if any, can only be filled with non-organic materials. 4. Final Inspection: A final inspection will be performed after all debris is removed. 1.6 ASBESTOS REMOVAL A. The CITY OF RIVERSIDE is responsible for scheduling a licensed company and completing any removal and disposal of any asbestos found in structures scheduled for demolition before demolition work by the CONTRACTOR'S personnel. B. There is believed to be no asbestos in the house, but inspections are being conducted by the City. C. If, during demolition work, any additional asbestos materials are being discovered; the CONTRACTOR shall notify the PROJECT MANAGER and provide slump-sum price for removal. BELOW-GRADE DEMOLITION Below-grade areas and voids resulting from demolition of structures shall be completely THE AMERICAN INSTITUTE OF ARCHi7ECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Midland Wrecking, Inc. 1900 S. 78th St., Kansas City, KS 66106 as Principal, hereinafter called the Principal, and Employers Mutual Casualty Company P.O. Box 712, Des Moines, IA 50303-0712 Surety Phone No. 515-362-7589 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the Sufety, are held and firmly bound unto City of Riverside, MO 2950 Vivion Rd., Riverside; MO 64150 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($5%), for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 4610 NW Karen Building Demo & Removal NOW, THEREFORE, if the Obligee shall accept (he bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymt3nt of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bfd, then this.obligation shall be null and void, otherwise to remain in full force and effect. 2007 Signed and sealed this 27th day of August, 2007. Midland Wrecking, Inc (Principal) (Seal) Ed Kates, President (Title) Employers Mutual Casualty Company Barbara Talty (Surety) (Seal) (Title) Barbara Talty, (Title) Attorney-in-Fact Renee Fox (Witness) (illegible signature) (Witness) INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER * BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK * HOLD AT AN ANGLE TO VIEW EMC Insurance Companies No. 732027 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT NOW ALL MEN BY THESE PRESENTS. that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Company 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: KEVIN D. KALISH, BARBARA TALTY, DEBORAH A. MCCLENDON, GARY A. REMLEY, WILLIAM M. SCHIFMAN, JOYCE A TENOLD, ROSANNA R. DABLER, INDIVIDUALLY, MISSION, KANSAS its truly and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2010 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly schedofed meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive f#ficer, any Vice President, the Treasurer and the Secretary of Employers Mutual: Casualty Company shall have power and authotfty fo (1) appoint attorney&•in•fact and authorize ttlem to execute on behalf Of each Company and attach the seal pf the Ccur~gany thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof, and.. j2) to remove any sued attomeyin-fact at any time and revoke the•power and authority given to him or her. Attorneys-in-fact shall have power and authority, subject to the Perms and limitations ofihe power-of-attorney issued to them, executeand deliver on behalf of ttie Company; an8 to attach the seal of tfie Compairy thereto, bonds and undertakings, recognizances, contracts of indemnity and er writings obligatory in the n~t~re thereof, and any such. instrumentaxecuted by any such attorney-in-fact shall be fully and in.aN. respects.binding uponahe Cpmpany. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers'Mutuai Casuakty Company shall be fully and in all respects binding upon this Company. The facsimile or meehamcallyreproduced`signaiure of such officer, whether'made hef8tofore or hereafter, Wherever appearing upon a certified copy of any powerof-attomeyof the Cotopany, shaltbe valid' and binding upon the Company with the same fore end affect as though manua)ly affixed. IN WITNESS WHEREOF, the Companies caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this ___ day of ____, ___. Bruce G. Kelley, Chairman Jeffrey S. Birdsley of Companies 2, 3, 4, 5 & 6; President Assistant Secretary of Company 1; Vice Chairman and CEO of Company 7 On this 1st day of February AD 2007 before me a Notary Public in and for the State of Iowa, penionally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was Signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers; acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires November 1, 2008 Patricia A. Wright Notary Public in and for the State of Iowa PATRICIA A. WRIGHT Commission Number 176255 My Comm. Exp. Nov. 1, 2008 I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the companies, and this Power of Attorney issued pursuant thereto on behalf of Kevin D. Kalish, Barbara Talty, Deborah A. McClendon, Gary A. Remley, William M. Schifman, Joyce A. Tenold, Rosanna R. Dabler are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 27th day of August 2007. David L. Hixenbaugh Vice-President Form 7832 (2-06 FST) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Midland Wrecking, Inc. 1900 S. 78th St., Kansas City, KS 66106 as Principal, hereinafter called the Principal, and Employers Mutual Casualty Company P.O. Box 712, Des Moines, IA 50303-0712 Surety Phone No. 515-362-7589 a corporation duly organized under the laws of the State of IA as Surety, hereinafter called the SuJety, are held and firmly bound unto City of Riverside, MO 2950 Vivion Rd., Riverside; MO 64150 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 5049 NW Gateway Building Demo & Removal NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment'of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of August, 2007. Midland Wrecking, Inc (Principal) (Seal) Ed Kates, President (Title) Employers Mutual Casualty Company Barbara Talty (Surety) (Seal) (Title) Barbara Talty, (Title) Attorney-in-Fact Renee Fox (Witness) (illegible signature) (Witness) INSTITUTE OF ARCHITECTS, 1736 N.Y. AVE., N.W., WASHINGTON, D.C. 20008 THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER * BACK OF THIS DOCUMENT HAS A SIMULATED WATERMARK * HOLD AT AN ANGLE TO VIEW EMC Insurance Companies No. 732027 P.O. Box 712 • Des Moines, IA 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT NOW ALL MEN BY THESE PRESENTS. that: 1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Company 2. EMCASCO Insurance Company, an Iowa Corporation 6. EMC Property & Casualty Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint: KEVIN D. KALISH, BARBARA TALTY, DEBORAH A. MCCLENDON, GARY A. REMLEY, WILLIAM M. SCHIFMAN, JOYCE A TENOLD, ROSANNA R. DABLER, INDIVIDUALLY, MISSION, KANSAS its truly and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 2010 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly schedofed meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive f#ficer, any Vice President, the Treasurer and the Secretary of Employers Mutual: Casualty Company shall have power and authotfty fo (1) appoint attorney&•in•fact and authorize ttlem to execute on behalf Of each Company and attach the seal pf the Ccur~gany thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory in the nature thereof, and.. j2) to remove any sued attomeyin-fact at any time and revoke the•power and authority given to him or her. Attorneys-in-fact shall have power and authority, subject to the Perms and limitations ofihe power-of-attorney issued to them, executeand deliver on behalf of ttie Company; an8 to attach the seal of tfie Compairy thereto, bonds and undertakings, recognizances, contracts of indemnity and er writings obligatory in the n~t~re thereof, and any such. instrumentaxecuted by any such attorney-in-fact shall be fully and in.aN. respects.binding uponahe Cpmpany. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers'Mutuai Casuakty Company shall be fully and in all respects binding upon this Company. The facsimile or meehamcallyreproduced`signaiure of such officer, whether'made hef8tofore or hereafter, Wherever appearing upon a certified copy of any powerof-attomeyof the Cotopany, shaltbe valid' and binding upon the Company with the same fore end affect as though manua)ly affixed. IN WITNESS WHEREOF, the Companies caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this ___ day of ____, ___. Bruce G. Kelley, Chairman Jeffrey S. Birdsley of Companies 2, 3, 4, 5 & 6; President Assistant Secretary of Company 1; Vice Chairman and CEO of Company 7 On this 1st day of February AD 2007 before me a Notary Public in and for the State of Iowa, penionally appeared Bruce G. Kelley and Jeffrey S. Birdsley, who, being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was Signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Jeffrey S. Birdsley, as such officers; acknowledge the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires November 1, 2008 Patricia A. Wright Notary Public in and for the State of Iowa PATRICIA A. WRIGHT Commission Number 176255 My Comm. Exp. Nov. 1, 2008 I, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the companies, and this Power of Attorney issued pursuant thereto on behalf of Kevin D. Kalish, Barbara Talty, Deborah A. McClendon, Gary A. Remley, William M. Schifman, Joyce A. Tenold, Rosanna R. Dabler are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 27th day of August 2007. David L. Hixenbaugh Vice-President Form 7832 (2-06 FST) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689." PROPOSAL. #2 EXHIBIT C LOCATION- 4610 KAREN DRIVE ITEMIZED PROPOSAL TO: City of Riverside, Mo. The undersigned bidder hereby proposes to famish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by and in conformity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in corisideration of the lump sum price of Eleven Thousand Two Hundred Twenty Four dollars. ($11,224.00) The purpose of receiving unit costs for the following approximate quantities is to allocate costs to the various funding sources and as a basis for determining costs associated with substantial changes in Scope of Work. The approximate quantities were prepared solely for the bidder's convenience. It is not guaranteed that this list of quantities constitutes all items for the completion of the Work. The contract amount for improvements shall be the above stated lump sum as accepted by the City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is accepted, and to complete all work as provided in Article III in Agreement between the City of Riverside, MO and the Contractor. The undersigned also declares that it understands that if not preset by the City, the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that. it had lawful authority, to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders the parceling or farming out to any bidder or bidders or other persons, or any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not or will not divulge the sealed bid to any person whomsoever, exceptions having a partnership or other financial interest with the bidder in said bid or bids, and after sealed bid or bids are opened. 3. The undersigned further declares that it has fully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the Work, together with the local sources of supply, and satisfied itself to all conditions and quantities, and understands that in signing the Bid it waves all right to plead any misunderstanding regarding the same. Acknowledgement The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within (fifteen) 15 calendar days from and after notice of the award of the C ntract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement to its rights as to bid security. A. It is understood the City will pay in a prompt and a timely manner pay estimates when submitted and approved by Public Works Director, all as provided in Contract Documents. B. Undersigned acknowledge receipt of the Plans and Specifications for the project including the following addenda Bidder complete Midland Wrecking, Inc. By: Steve Tripp Its: Project Manager 01015 CONTRACTOR USE OF PREMISES: C. The Contractor shall confine allow construction activities to the limits of the project right- of-way and easements. Any additional easements and access to private property that are desired outside of the project limits are the responsibility of the Contractor. D. If the Contractor desires access to the private property that is outside the project limits, the Contractor shall obtain a written agreement between the Properly Owner and the Contractor and submit this written agreement to both the City and the Engineer prior to accessing the private property. 01030 SPECIAL CONDITIONS O. Examination of the Site: Bidders are required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site in noway relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the drawings and specifications. P. Measurements: All dimensions shown shall be verified by the contractor. Any discrepancies between the drawings and the existing conditions shall be referred to the Engineer for adjustment, before the work is performed. For convenience, most drawings are made to scale. However, certain parts of drawings may be exaggerated for clarity, so , construction must be done only from calculated dimensions; never scale the drawings. Q. Protection of Monuments: The Contractor must carefully preserve benchmarks, references or stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary toss or disturbance. R. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible, financially and otherwise for: 1. Any and all settlement for trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one year from and after the date of final acceptance of the entire contract under which the backfilling work was performed. BELOW-GRADED DEMOLITION Below-grade areas and voids resulting from demolition of structures shall be completely filled to a minimum compaction of [95%]. After fill and compaction, surfaces shall be graded to meet adjacent contours and to provide flow to surface drainage structures, or as indicated. DISPOSAL OF DEMOLISHED MATERIALS A. Demolition and removal of debris shall be conducted to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities which shall. not be closed or obstructed without permission from the OWNER Alternate routes shall be provided around closed or obstructed traffic ways. B. Site debris, rubbish, and other materials resulting from demolition operations shall be removed and disposed of in compliance with all laws and regulations. Burning of removed materials from demolished structures shall not be permitted. PROPOSAL #1 EXHIBIT B LOCATION- 5049 GATEWAY ITEMIZED PROPOSAL TO: City of Riverside, Mo. The undersigned bidder hereby proposes to furnish all materials, supplies, trarisportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by and in corifomtity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of the lump sum price of Fifteen Thousand Four Hundred Seventy Two dollars. ($15,472.00) The purpose of receiving unit costs for the following approximate quantities is to allocate costs to the various funding sources and as a basis! for determining costs associated with substantial changes in Scope of Work. The approximate quantities were prepared solely for the bidder's convenience. It is not guaranteed that this list of quantities constitutes all items for the completion of the Work. The contract amount for improvements shall be the above stated lump sum as accepted by the City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is accepted, and to complete all work as provided in Article III in Agreement between the City of Riverside, MO and the Contractor. The undersigned also declares that it understands that if not preset by the City, the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders or other persons, or any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not or will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with the bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has fully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the Work, together with the local sources of supply, and satisfied itself to all conditions and quantities, and understands that in signing the Bid it waves all right to plead any misunderstanding regarding the same. Acknowledgement The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within (fifteen) 15 calendar days from and after notice of the award of the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement to its rights as to bid security. A. It is understood the City will pay in a prompt and a timely manner pay estimates when submitted and approved by Public Works Director, all as provided in Contract Documents. B. Undersigned acknowledge receipt of the Plans and Specifications for the project including the following addenda Bidder complete Midland Wrecking, Inc. By: Steve Tripp Its: Project Manager 01015 CONTRACTOR USE OF PREMISES: A. The Contractor shall confine allow construction activities to the limits of the project right- of-way and easements. Any additional easements and access to private property that are desired outside of the project limits are the responsibility of the Contractor. B. If the Contractor desires access to the private property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to both the City and the Engineer prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders are required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site in noway relieve the successful filled to a minimum compaction of [95%]. After fill and compaction, surfaces shall be graded to meet adjacent contours and to provide flow to surface drainage structures, or as~~indicated. DISPOSAL OF DEMOLISHED MATERIALS A. Demolition and removal of debris shall be conducted to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities which shall not be closed or obstructed without permission from the OWNER. Altertiate routes shall be provided around closed or obstructed traffic ways. B. Site debris, rubbish, and other materials resulting from demolition operations shall be removed and disposed of in compliance with all laws and regulations. Burning of removed materials from demolished structures shall not be permitted. LOCATION- 5049 GATEWAY TTEMIZED PROPOSAL TO: City of Riverside, Mo. The undersigned bidder hereby proposes to famish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by and in conformity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of the lump sum price of Fifteen thousand four hundred seventy two dollars. ($15,472.00) The purpose of receiving unit costs for the following approximate quantities is to allocate costs to the various funding sources and as a basis for determining costs associated with substantial changes in Scope of Work. The approximate quantities were prepared solely for the bidder's convenience. It is not guaranteed that this list of quantities constitutes all items for the completion of the Work. The contract amount for improvements shall be the above stated lump sum as accepted by the City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is accepted, and to complete all work as provided in Article III in Agreement between the City of Riverside, MO and the Contractor. The undersigned also declazes that it understands that if not preset by the City, the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. In submitting this bid, the undersigned declazes that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders or other persons, or any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not or will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with the bidder in said bid cr bids, until after sealed bid or bids are,opened. 3. The undersigned further declazes that it has fully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the Work, together with the local sources of supply, and satisfied itself to all conditions and quantities, and understands that in signing the Bid it waves all right to plead any misunderstanding regazding the same. Acknowledgement The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within (fifteen) 15 calendar days from and after notice of the award of the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement to its rights as to bid security. A. It is understood the City will pay in a prompt and a timely manner pay estimates when submitted and approved by Public Works Director, all as provided in Contract Documents. B. Undersigned acknowledge receipt of the Plans and Specifications for the project including the following addenda Bidder complete N/A 01015 CONTRACTOR USE OF PREMISES: A. The Contractor shall confine allow construction activities to the limits of the project right-of--way and easements. Any additional easements and access to private property that are desired outside ofthe project limits are the responsibility of the Contractor. B. If the Contractor desires access to the private property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to both the City and the Engineer prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders aze required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the drawings and specifications. B. Measurements: All dimensions shown shall be verified by the contractor. Any discrepancies between the drawings and the existing conditions shall be refereed to the Engineer for adjustment, before the work is performed. For convenience, most drawings aze made to scale. However, certain parts of drawings may be exaggerated for clarity, so construction must be done only from calculated dimensions; never scale the drawings. C. Protection of Monuments: The Contractor must carefully preserve benchmarks, references or stakes and in case of willful or cazeless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible, financially and otherwise for: 1. Any and all settlement for trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one yeaz from and after the date of final acceptance of the entire contract under which the backfilling work was performed. 2. The refilling and repair of all backfill settlement and the repair or replacement to the original or a better condition of all pavement, top surfacings, driveways, walks, surface structures, utilities, drainage facilities, sod an shrubbery, which have been damaged as a result of said backfill replacement operations. 3. The contractor shall make, or cause to be made, all necessary backfill replacements and repairs or replacements appurtenant thereto, within 30 days from and after due notification by the Engineer or Owner of backfill settlement and resulting damage at any designated location or locations. E. Breakage and Damage: The contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by his operations and he/she shall, at his/her own expense, in a manner approved by the Engineer any such broken or damaged material. F. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction for the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the contactor. An amount covering all chazges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra allowed for such chazges. G. Pumping and Shoring: The General Contractor shall promptly remove all water that may reach the trenches and other excavated portions of the premises at any time during the progress of the work, and he/she shall keep the premises free from accumulations of water at all times until the completion of the work. All temporary shoring required shall be furnished and installed by the Contractor and shall be designed in accordance with the current OSHA requirements. Trench sheeting shall not be pulled before backfilling unless pipe strengW is sufficient to carry trench loads based on trench width to the back of the sheeting. No separate payment will be made for temporary shoring or pumping. H. Labor and Tools: Work, which should properly be done by skilled labor, shall not be attempted with common labors. The various contractors shall have on the job, at all times, ample equipment to cant' on the work properly, including such tools as may be necessary to meet emergency requirements. I. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in fast class condition and free from deterioration or contamination. J. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. K. Blasting:No blasting will be allowed on this project. L. Definitions of Contract Completion: This section defines the terms "Substantial Completion" and "Final Completion" as they are used in the Contract Documents. 1. Substantial Comnletion: substantial completion is defined as 100% completion of the following items: a. Demolition and Removal of Structures b. Demolition and Removal of Pavement c. Removal and/or capping of utilities d. Final Grading . e. Final Erosion Control and Site Protection 2. Final Completion: Final completion shall be defined as 100% completion of all work items other than the fines listed under "Substantial Completion" and all other work items as provided for in the Contract Documents. M. Hazardous Materials: If, during the course of this project, the Contractor finds any hazardous materials on the site the Contractor must immediately notify the City Engineer and cease all operations in and around the contaminated area. No additional work shall be performed until and appropriate remediation plan is developed, approved by the appropriate authorities with jurisdiction for the encountered material, and executed sufficiently to remove any and all hazard posed by the material. Additional costs associated with such discoveries maybe negotiated between the City and the Contractor should such conditions be encountered. 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. The contractor is responsible for notification of and coordination with the owner of each utility with respect to disconnection removal and capping of their facilities. B. The Contractor shall be responsible for obtaining all necessary city, county, state or national permits required to complete the work included herein, and shall pay for any and all inspections and permit fees as required by the City engineer or other invo~ved agencies. C. In addition to the above said coordination responsibilities, the Contractor shall attend progress meetings as requested by the City. No direct payment will be made for this item but shall be considered subsidiary to other bid items. 01043 JOB SITE ADMINISTRATION: A. The Contractor, or a duly authorized representative to act for him, shall continually be present at the site of the work, whenever demolition activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, his duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the City, Engineer, and Contractor regazding the signing of pay estimates, change orders, work day reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Engineer shall be notified, in writing, within five(5) working days of any changes in the Contractor's representative(s). 01060 REGULATORY REOUIREMNTS: A. General: The work shall conform to the plans and contract specifications as outlined. The standazd specifications and plans which govern this work are listed below. B. Standazd Specifications: Except where noted otherwise, the work shall conform to the APWA Standard Specifications and Design Criteria, Division II. The APWA Standazd Specifications are available for purchase through American Reprographics Inc. (221-1776) 01300 SUBMITTIALS: A. General: Each item in this Article shall be submitted in writing for information only, unless otherwise indicated. B. Schedule of demolition activities shall be submitted prior to commencing Work. The schedules shall indicate the following: Detailed sequence of demolition and removal of work, with starting and ending dates for each activity. 2. Dates for shutoff and capping utility services. C. Record Drawings shall be provided prior to final payment being issued by the City. They shall include the following: 1. Identify and accurately locate capped utilities and other sub-surfaces strucNwal, electrical,'or mechanical conditions. - 02060 BUILDING DEMOLITION GENERAL A. SUMMARY -This section includes the following: 1. Demolition and removal of the building/structure 2. Demolition and removal of site improvements 3. Disconnecting, capping or sealing all utilities B. DEFINITIONS 1. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's properly. 2. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. C. MATERIALS OWNERSHIP 1. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. D. QUALITY ASSURANCE 1. Demolition Firm Qualifications: Engage an experienced firm that has successfully completed demolition work similar to that indicated for this project. 2. Regulatory Requirements: Comply with governing EPA notification regulations before starting demolition. Comply with hauling'and disposal regulations of authorities having jurisdiction. PROJECT CONDITIONS 3. The building to be demolished as a part of the agreement has been vacated and their use discontinued. 4. Owner assumes no responsibility for actual condition the building to be demolished. 5. Conditions existing at the time of inspection for bidding purposes will be maintained by Owner as far as practical. EXECUTION A. EXAMINATION 1. Verify that utilities have been disconnected and capped. 2. Examine existing conditions and correlate with requirements indicated to determine the extent of demolition required. 3. Observe site(s) as Work progresses to detect hazards resulting from demolition activities. B. UTILITY SERVICES 1. Maintain existing utilities that are to remain in service and protect them against damage during demolition operations. 2. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. ' 3. Locate, identify, disconnect and seal or cap off all utility services serving structure(s) to be demolished. 4. Arrange to shut off all utilities with utility companies. 5. Excavate and remove all undergroud utilities on each site. C. PREPARATION 1. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks and other adjacent occupied and used facilities. 2. Do not close or obstruct streets, walks or other adjacent occupied or used facilities without permission from the Owner and authorities having jurisdiction. Provide alternate routes azound closed or obstructed traffic ways if required by governing regulations. 3. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people azound the demolition azea. 4. Access to the site shall be controlled during demolition and grading operations to prevent the public from encountering potentially dangerous conditions. The Contractor shall erect temporary protection, such as walks, fences, and/or railings to protect the public.and prohibit access to the site until all operations are completed on each site. 5. Protect existing site improvements, appurtenances and landscaping to remain. 6. Provide and maintain interior and exterior shoring, bracing or structural support to preserve stability and prevent movement, settlement or collapse of buildings to be demolished and adjacent buildings to remain. 7. Strengthen or add new supports when required during progress of demolition. D. EXPLOSIVES 1. Use of explosives will not be permitted. 2. Do not bring explosives to the site POLLUTION CONTROLS 1. Use water mist, temporary enclosures and other suitable methods to limit the spread of dust and dirt. 2. Do not create hazardous or objectionable conditions, such as ice, flooding and pollution when using water. 3. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and azeas. 4. Remove debris from elevated portions of the building by chute, hoist or other device that will convey the debris to ground level. 5. Clean adjacent buildings and improvements of dust, dirt and debris caused by demolition operations. Return adjacent areas to the condition existing before the start of demolition. F. DEMOLITION 1. Building Demolition: Demolish buildings completelx and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: ` a) Locate demolition equipment throughout the building and remove debris and materials so as not to impose excessive loads on supporting walls or framing. b) Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibited. c) Demoish concrete and masonry in small sections. d) Remove structural framing members and lower to the ground by a method suitable to avoid free fall and prevent ground impact or dust generation. e) Break up and remove concrete slabs on grade, unless otherwise shown to remain. f) Remove air-conditioning equipment without releasing refrigerants. 2. Below-Grade Construction: Demolish foundation walls and other below grade construction, as follows: a) Completely remove below grade construction, including foundation walls and footings unless otherwise indicated on the plans. 3. Filling Below-Grade Areas: Completely fill below-grade areas and voids resulting from demolition of buildings and pavements with suitable soil materials according to requirements specified in.Section 2200 of the APWA Standard Specifications and Design Criteria, "Earthwork". 4. Damaees: Promptly repair damages to adjacent facilities caused by demolition operations. N. DISPOSAL OF DEMOLISHED MATERIALS 1. General: Promptly and legally dispose of demolished materials. Do not allow demolished materials to accumulate on-site. 2. Burning: Do not burn demolished materials. 02200 EARTHWORK A. General: Grading shall be in accordance with Section 2100 of the APWA Standard Specifications and Design Criteria B. Definitions: 1. Unsuitable Material: Unsuitable material is defined as muck, frozen material, organic material, topsoil, rubbish rock with a maximum dimension greater than 24 inches and contaminated soil. 2. Suitable Material: Suitable material is defined entirely imperishable with that portion passing the No. 40 (425 mm) Sieve having a liquid limit not exceeding 40 and a plastic index not exceeding 25, when tested in accordance with ASTM D-423 and D-424, respectively. C. Backfilling the Site: All trenches, holes, pits and basement areas resulting from the operations of clearing, grubbing, demolition and removal on site, shall be backfilled with suitable material placed and compacted in conformance with Section 2106.6 entitled: "Earthwork". 5. Embankment: Embanl~ent shall include the placing and compacting of all materials necessary to construct the improvements as shown on the plans. 1. All embankment shall be compacted to a density of at least ninety percent (90%) of the maximum density for material used as determined by ASTM Designation D-698 and within the tolerance of the moisture for the type of material at ninety percent (90%) of maximum density as shown on the Moisture Density Curve obtained. 2. All embankme$ts as well as the embankment used to backfill trenches of removed utilities shall be earth embanlm-ent. Rack embanlanent will not be allowed. 3. Should additiot~l embanlanent be required, the Contractor is responsible for making all arrangements for obtaining additional embanl~ent as needed for the project. 02250 EROSION AND SEDIMENT CONTROL A. General: As a minimum, Mulching, Straw Bale Installations and Silt Fence shall be placed to stop erosion. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project, and for thirty days past receipt and acceptance of final payment. B. Materials: 1. Straw Bales: Straw bales shall be a minimum of SO lbs. And shall be bound with twine only; no wire will be allowed. Loose hay or straw shall be wedged between bales to close gaps. 2. Stakes: Stakes wood; steel or synthetic material of sufficient strength to withstand applied loads. 3. Filter Fabric: Silt fence shall be geotextile manufactured of fibers consisting of longchain synthetic polymers, composed of at least 85% by weight polylefins, polyesters, or polyamides. The fibers shall be formed into a network such that the filaments or yams retain dimensional stability relative to each other. The geotextile shall be free of any treatment of coating which might adversely alter its physical properties after installation. Geotextile fabric shall be furnished in 36" width rolls. Furnish geotextile rolls that have been wrapped fot protection against moisture and extended ultraviolet exposure. Each roll shall be labeled or tagged to provide product identification sufficient for inventory and quality control. The geotextile shall conform to the following requirements: PHYSICAL REQUIItEMENTS FOR TEMPORARY SILT FENCE GEOTEXTILES1 Property Test Method Wire Fence Supported Self-Supported Requirement Requirement Tensile Strength ASTM D4632 90 lbs2 (min.) 90 lbs2 (min.) Elongation at 50% of Minunum Tensile Strength (45 lbs.) ASTM D4632 N/A 50 (maximum) Filtering Efficiency VTM 51-793 75% 75% Sluny Flow Rate VTM 51-793 0.3 gal/sq ft /min 0.3 gal/ sq ft /min Ultraviolet Degradation ASTM D4355 70% Strength Retained 70% Strength Retained min. min. (1) All minimum values represent minimum average roll value (2) When tested in any principal dvection (3) Virginia Dept. of Highways & Transportation Method 02230 SITE CLEARING GENERAL A. SUbIIvIARY: This Segtion includes the following: 1. Protecting existing trees and vegetation to remain. 2. Clearing and grubbing 3. Topsoil stripping 4. Removing above-grade site improvements. B. DEFII~iITIONS 1. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt and clay particles; friable, pervious and black or a darker shade of brown, gray or red than the underlying subsoil; reasonably free of subsoil, clay, lumps, gravel and other objects more than 2 inches in diameter; and free of weeds, roots and other deleterious materials. C. MATERIALS OWNERSHIP 1. Cleared materials shall become Contractor's property and shall be removed from the site. D. PROJECT CONDITIONS 1. Minimize interference with adjoining roads, streets, walks and other adjacent occupied or used facilities during site clearing operations. a) Do not close or obstruct streets, walks or other adjacent occupied or used facilities without permission from the Owner and authorities having jurisdiction. . b) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. c) Any disruptions approved by the Owner, shall be performed in full accordance with the Manual of Traffic Control Devices, current edition. 2. Notify utility locator service for area where Project is located before site clearing. EXECUTION A. PREPARATION 1. Protect and maintain benchmarks and survey control points from disturbance during construction. 2. Provide erosion control measures to prevent soil erosion and discharge soil bearing runoff or airborne dust to adjacent properties and walkways. 3. Locate and clearly flag trees and vegetation to remain or to be relocated. 4. Protect existing site improvements to remain from damage during constrnction. a) Restore damaged improvements to their original condition, as acceptable to Owner. B. TREE PROTECTION 1. Erect and main m a temporary fence azoand drip line of individual trees or around perimeter drip line of groups of trees~o remain. Remove fence when construction is complete. a) Do not store construction materials, debris or excavated material within drip line of trees. b) Do not pemvt vehicles, equipment, and traffic within the drip line of remaining trees. 2. Do not excavate within drip line of trees, unless otherwise indicated. 3. Where excavation for new construction is required within the drip line of trees, hand clear and excavate to minimize damage. to the root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. a) Cover exposed roots with burlap and water regularly. b) Temporarily support and protect roots from damage until they aze permanently relocated and covered with soil. c) Coat faces of roots more than 1-1/2" inches in diameter (38 mm) in diameter with an emulsified asphalt or other approved coating formulated for use on damaged plant tissues. d) Cover exposed roots with wet burlap to prevent roots from drying out. Backfill with soil as soon as possible. 4. Repair or replace trees and vegetation indicated to remain that aze damaged by construction operations, in a manner approved by the Owner. a) Employ a qualified azborist, licensed in jurisdiction where the project is located, to submit details of proposed repairs and to repair damage to trees and shrubs. b) Replace trees that cannot be repaired and restored to full growth status, as determined by the qualified azborist. C. CLEARING AND GRUBBING 1. Remove obstructions, trees, shrubs, grass and other vegetation to permit installation of new construction by others. Removal includes digging out stumps and other obstructions and grubbing roots. a) Do not remove trees, shrubs and other vegetation indicated to remain or to be relocated. b) Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction. c) Complete remove stumps, roots, obstructions and debris extending to a depth of 18 inches (450mm) below exposed sub grade. d) Use only hand methods for grubbing within the drip line of remaining trees. 2. Fill depressions caused by clearing and grubbing operations with suitable soil material, unless further excavation or earthwork is indicated. a) Place fill material in horizontal layers not exceeding 8-inch (200mm) loose depth and compact each layer to a density equal to adjacent original ground. 12487 TEMPORARY SEEDING AND MULCHING: A. General: This work shall consist of temporary seeding and mulching of disturbed azeas that aze to be paved or sodded as directed by the Owner. B. Material material for seedine and mulchine shall be in accordance to Section2401 of APWA Specifications. Seed shall be Annual Rye Grass seeded at a rare of 1601bs per acre. Mulch shall be Veeetative•Tvoe. C. Seeding Seed the entire property as specified herein. Contractor shall be responsible irrigation once a week for one calendar month. LOCATION- 4610 KAREN DRIVE ITEMIZED PROPOSAL TO: City of Riverside, Mo. 1. The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by and in conformity with the proposed Contract Documents (including all dociunents referred to therein) and any and all addenda thereto, for and in consideration of the lump sum price of Eleven thousand two hundred twenty-four dollars. ($11,224.00) The purpose of receiving unit costs for the following approximate quantities is to allocate costs to the various funding sources and as a basis for determining costs associated with substantial changes in Scope of Work. The approximate quantities were prepazed solely for the bidder's convenience. It is not guaranteed that this list of quantities constitutes all items for the completion of the Work. The contract amount for improvements shall be the above stated lump sum as accepted by the City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is accepted, and to complete all work as provided in Article III in Agreement between the City of Riverside, MO and the Contractor. The undersigned also declazes that it understands that if not preset by the City, the time to begin construction aqd to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. in submitting this bid, the undersigned declazes that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders or other persons, or any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not or will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with the bidder in said bid or bids, until after sealed bid or bids aze opened. 3. The undersigned further declazes that it has fully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the Work, together with the local sources of supply, and satisfied itself to all conditions and qulintities, and understands that in signing the Bid it waves all right to plead any misunderstanding regarding the same. Acknowledgement The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within (fifteen) 15 calendar days from and after notice of the awazd of the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement to its rights as to bid security. A. It is understood the City will pay in a prompt and a timely manner pay estimates when submitted and approved by Public Works Director, all as provided in Contract Documents. B. Undersigned acknowledge receipt of the Plans and Specifications for the project including the following addenda Bidder complete N/A 01015 CONTRACTOR USE OF PREMISES: C. The Contractor shall confine allow construction activities to the limits of the project right-of--way and easements. Any additional easements and access to private property that are desired outside of the project limits aze the responsibility of the Contractor. D. If the Contractor desires access to the private property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to both the City and the Engineer prior to accessing the private property. 01030 SPECIAL CONDITIONS O. Examination of the Site: Bidders are required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site in no way relieve the successful bidder from the necessity of famishing all materials and performing all work required to complete the work in accordance with the drawings and specifications. P. Measurements: All dimensions shown shall be verified by the contractor. Any discrepancies between the drawings and the existing conditions shall be refereed to the Engineer for adjustment, before the work is performed. For convenience, most drawings are made to scale. However, certain parts of drawings may be exaggerated for clarity, so construction •must be done only from calculated dimensions; never scale the drawings. Q. Protection of Monuments: The Contractor must carefully preserve benchmazks, references or stakes and in case of willful or cazeless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. R. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible, financially and otherwise for: 1. Any and all settlement for trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one yeaz from and after the date of final acceptance of the entire contract under which the backfilling work was performed. 2. The refilling and repair of all backfill settlement and the repair or replacement to the original or a better condition of all pavement, top surfacings, driveways, walks, surface structures, utilities, drainage facilities, sod an shrubbery, which have been damaged as a result of said bacldll replacement operations. 3. The contractor shall make, or cause to be made, all necessary backfill replacements and repairs or replacements appurtenant thereto, within 30 days from and after due notification by the Engineer or Owner of backfill settlement and resulting damage at any designated location or locations. S. Breakage and Damage: The contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by his operations and he/she shall, at his/her own expense, in a manner approved by the Engineer any such broken or damaged material. T. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction for the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the contactor. An amount covering all chazges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra allowed for such charges. U. Pumpine and Shoring_ The General Contractor shall promptly remove all water that may reach the trenches and other excavated portions of the premises at any time during the progress of the work, and he/she shall keep the premises free from accumulations of water at all times until the completion of the work. All temporary shoring required shall be furnished and installed 6y the Contractor and shall be designed in accordance with the current OSHA requirements. Trench sheeting shall not be pulled before backfilling unless pipe strength is sufficient to carry trench loads based on trench width to the back of the sheeting. No sepazate payment will be made for temporary shoring or pumping. V. Labor and Tools: Work, which should properly be done by skilled labor, shall not be attempted with common labors. The vazious contractors shall have on the job, at all times, ample equipment to carry on the work properly, including such tools as may be necessary to meet emergency requirements. W. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. X. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. Y. Blasting: No blasting will be allowed on this project. Z. Definitions of Contract Complefion: This section defines the terms "Substantial Completion" and "Final Completion" as they are used in the Contract Documents. 3. Substantial Completion: substantial completion is defined as 100% completion of the following items: a. Demolition and Removal of Structures b. Demolition and Removal of Pavement c. Removal and/or capping of utilities d. Final Grading e. Final Erosion Control and Site Protection 4. Final Completion: Final completion shall be defined as 100% completion of all work items other than the ones listed under "Substantial Completion" and all other work items as provided for in the Contract Documents. AA. Hazardous Materials: If, during the course of this project, the Contractor finds any hazardous materials on the site the Contractor must immediately notify the City Engineer and cease all operations in and azound the contaminated azea. No additional work shall be performed until and appropriate remediation plan is developed, approved by the appropriate authorities with jurisdiction for the encountered material, and executed sufficiently to remove any and all hazard posed by the material. Additional costs associated with such discoveries maybe negotiated between the City and the Contractor should such conditions be encountered. 01040 COORDINATION: D. All construction activitie shall be coordinated with all utility owners and the City of Riverside. The contractor is responsible for notification of and coordination with the owner of each utility with respect to disconnection removal and capping of their facilities. E. The Contractor shall be responsible for obtaining all necessary city, county, state or national permits required to complete the work included herein, and shall pay for any and all inspections and permit fees as required by the City engineer or other involved agencies. F. In addition to the above said coordination responsibilities, the Contractor shall attend progress meetings as requested by the City. No direct payment will be made for this item but shall be considered subsidiary to other bid items. 01043 JOB SITE ADMINISTRATION: C. The Contractor, or a duly authorized representative to act for him, shall continually be present at the site of the work, whenever demolition activities aze underway, for the duration of this project. D. The Contractor shall designate, in writing, his duly authorized representative(s) at the preconstructign meeting. The duly authorized representative(s) will be the official liaison between the City, Engineer, and Contractor regazding the signing of pay estimates, change orders, work day reports and other forms necessary for.communication and project status inquiries. Upon project Commencement, the Engineer shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01060 REGULATORY REOUIREMNTS: C. General: The work shall conform to the plans and contract specifications as outlined. The standazd specifications and plans which govern this work are listed below. D. Standazd Specifications: Except where noted otherwise, the work shall conform to the APWA Standard Specifications and Design Criteria, Division II. The APWA Standazd Specifications aze available for purchase through American Reprographics Inc. (221-1776) 01300 SUBMITTIALS: E. General: Each item in this Article shall be submitted in writing for information only, unless otherwise indicated. F. Schedule of demolition activities shall be submitted prior to commencing Work. The schedules shall indicate the following: 1. Detailed sequence of demolition and removal of work, with starting and ending dates for each activity. 2. Dates for shutoff and capping utility services. G. Record Drawings shall be provided prior to final payment being issued by the City. They shall include the following: 2. Identify and accurately locate capped utilities and other sub-surfaces structural, electrical, or mechanical conditions. 02060 BUILDING DEMOLITION E. SUMMARY -This section includes the following: Demolition and removal of the building/structure 2. Demolition and removal of site improvements 3. Disconnecting, gapping or sealing all utilities F. DEFINITIONS 1. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or to remain the Owner's property. 2. Existing to Remain: Existing items of construction that are not to be removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. G. MATERIALS OWNERSHIP 1. Except for items or materials indicated to be reused, salvaged, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall be removed from the site with further disposition at the Contractor's option. H. QUALITY ASSURANCE 1. Demolition Firm Qualifications: Engage an experienced firm that has successfully completed demolition work similar to that indicated for this project. 2. Regulatory Requirements: Comply with governing EPA notification regulations before starting demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. PROJECT CONDITIONS 3. The building to be demolished as a part of the agreement has been vacated and their use discontinued. 4. Owner assumes no responsibility for actual condition the building to be demolished. 5. Conditions existing at the time of inspection for bidding purposes will be maintained by Owner as faz as practical. EXECUTION C. EXAMINATION 1. Verify that utilities have been disconnected and capped. 2. Examine existing conditions and con•elate with requirements indicated to determine the extent of demolition required. 3. Observe site(s) as Work progresses to detect hazards resulting from demolition activities. D. UTILITY SERVICES 1. Maintain existing utilities that aze to remain in service and protect them against damage during demolition operations. 2. Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to Owner and to governing authorities. 3. Locate, identify, disconnect and seal or cap off all utility services serving structure(s) to be demolished. 4. Arrange to shut ff all utilities with utility companies. 5. Excavate and remove all underground utilities on each site. C. PREPARATION 1. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks and other adjacent occupied and used facilities. 2. Do not close or obstruct streets, walks or other adjacent occupied or used facilities without permission from the Owner and authorities having jurisdiction. Provide alternate routes azound closed or obstructed traffic ways if required by governing. regulations. 3. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around the demolition azea. 4. Access to the sije shall be controlled during demolition and grading operations to prevent the public from encountering potentially dangerous conditions. The Contractor shall erect temporary protection, such as walks, fences, and/or railings to protect the public and prohibit access to the site until all operations aze completed on each site. 5. Protect existing site improvements, appurtenances and landscaping to remain. 6. Provide and maintain interior and exterior shoring, bracing or structural support to preserve stability and prevent movement, settlement or collapse of buildings to be demolished and adjacent buildings to remain. 7. Strengthen or add new supports when required during progress of demolition. H. EXPLOSIVES 1. Use of explosives will not be permitted. 2. Do not bring explosives to the site POLLUTION CONTROLS 1. Use water mist, temporary enclosures and other suitable methods to limit the spread of dust and dirt. 2. Do not create hazardous or objectionable conditions, such as ice, flooding and pollution when using water. 3. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. . 4. Remove debris from elevated portions of the building by chute, hoist or other device that will convey the debris to ground level. 5. Clean adjacent buildings and improvements of dust, dirt and debris caused by demolition operations. Return adjacent areas to the condition existing before the start of demolition. F. DEMOLITION 5. Building Demolition: Demolish buildings completely and remove from the site. Use methods required to complete Work within limitations of governing regulations and as follows: a) Locate demolition equipment throughout the building and remove debris and materials so as not to impose excessive loads, on supporting walls or framing. b) Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibted. c) Demolish concrete and masonry in small sections. d) Remove structural framing members and lower to the ground by a method suitable to avoid free fall and to prevent ground impact or dust generation. e) Break up and remove concrete slabs on grade, unless otherwise shown to remain. f) Remove air-conditioning equipment without releasing refrigerants. 6. Below-Grade Construction: Demolish foundation walls and other below grade construction, as follows: a) Complefely remove below grade construction, including foundation walls and footings unless otherwise indicated on the plans. 7. Filling Below-Grade Areas: Completely fill below-grade areas and voids resulting from demolition of buildings and pavements with suitable soil materials according to requirements specified in Section 2200 of the APWA Standard Specifications and Design Criteria, "Earthwork". 8. Damages: Promptly repair damages to adjacent facilities caused by demolition operations. BB. DISPOSAL OF DEMOLISHED MATERIALS ' 1. General: Promptly and legally dispose of demolished materials. Do not allow demolished materials to accumulate on-site. 2. Burning: Do not bum demolished materials. 02200 EARTHWORK A. General: Grading shall be in accordance with Section 2100 of the APWA Standard Specifications and Design Criteria B. Definitions: 3. Unsuitable Material: Unsuitable material is defined as muck, frozen material, organic material, topsoil, mbbish rock with a maximum dimension greater than 24 inches and contaminated soil. 4. Suitable Material: Suitable material is defined entirely imperishable with that portion passing the No. 40 (425 mm) Sieve having a liquid limit not exceeding 40 and a plastic index not exceeding 25, when tested in accordance with ASTM D-423 and D-424, respectively. C. Backfilling the Site: All trenches, holes, pits and basement areas resulting from the operations of clearing, grubbing, demolition and removal on site, shall be backfilled with suitable material placed and compacted in conformance with Section 2106.6 entitled: "Embankment:'. D. Embankment: Embanlonent shall include the placing and compacting of all materials necessary to construct the improvements as shown on the plans. 4. All embankment shall be compacted to a density of at least ninety percent (90%) of the maximum density for material used as determined by ASTM Designation D-698 and within the tolerance of the moisture for the type of material at ninety percent (90%) of maximum density as shown on the Moisture Density Curve obtained. 5. All embankments as well as the embankment used to backfill trenches of removed utilities shall be earth embankment. Rock embankment will not be allowed. 6. Should additional embanlor-ent be required, the Contractor is responsible for making all arrangements for obtaining additional embankment as needed for the project. 02250 EROSION AND SEDIMENT CONTROL A. General: As a minimum, Mulching, Straw Bale Installations and Silt Fence shall be placed to stop erosion. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project, and for thirty days past receipt and acceptance of final payment. B. Materials: 4. Straw Bales: Straw bales shall be a minimum of SO lbs. And shall be bound with twine only; no with will be allowed. Loose hay or straw shall be wedged between bales to close gaps. 5. Stakes: Stakes wood, steel or synthetic material of sufficient strength to withstand applied loads. 6. Filter Fabric: Silt fence shall be geotextile manufactured of fibers consisting of longchain synthetic polymers, composed of at least 85% by weight polylefins, polyesters, or polyamides. The fibers shall be formed into a network such that the filaments or yams retain dimensiogal stability relative to each other. The geotextile shall be free of any treatment of coating which might adversely alter its physical properties after installation. Geotextile fabric shall be furnished in 36" width rolls. Furnish geotextile rolls that have been wrapped for protection against moisture and extended ultraviolet exposure. Each roll shall be labeled or tagged to provide product identification sufficient for inventory and quality control. The geotextile shall conform to the following requirements: PHYSICAL REQUIItEMENT5 FOR TEMPORARY SILT FENCE GEOTEXTILES' Properly Test Method Wire Fence Supported Self-Supported Requirement Requirement Tensile Strength ASTM D4632 90 lbs.2 (min.) 90 lbs2 (min.) Elongation at 50% of Minimum Tensile Stren 45 lbs. ASTM D4632 N/A 50 (maximum) Filtering Efficiency VTM 51-79(3) 75% 75% Slurry Flow Rate VTM 51-79(3) 0.3 gal/ sq ft /min 0.3 gal/ sq ft /min Ultraviolet Degradation ASTM D4355 70% Strength Retained 70% Strength Retained min. min. (1) All minimum values represent minimum average roll value (2) When tested in any principal direction (3) Virginia Dept. of Highways & Tragsportation Method 02230 SITE CLEARING GENERAL E. SUMMARY: This Section includes the following: 1. Protecting existing trees and vegetation to remain. 2. Clearing and grubbing 3. Topsoil stripping 4. Removing above-grade site improvements. F. DEFINITIONS 1. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt and clay particles; friable, pervious and black or a darker shade of brown, gray or red than the underlying subsoil; reasonably free of subsoil, clay, lumps, gravel and other objects more than 2 inches in diameter; and free of weeds, roots and other deleterious materials. G. MATERIALS OWNERSHIP 1. Cleared materials shall become Contractor's property and shall be removed from the site. H. PROJECT CONDITIONS 1. Minimize interference with adjoining roads, streets, walks and other adjacent occupied or used facilities during site clearing operations. a) Do not close or obstruct streets, walks or other adjacent occupied or used facilities without permission from the Owner and authorities having jurisdiction. b) Provide alternate routes around closed or obstructed traffic ways if required by authorities having jurisdiction. c) Any disruptions approved by the Owner, shall be performed in full accordance with the Manual of Traffic Control Devices, current edition. 2. Notify utility locator service for area where Project is located before site clearing. EXECUTION D. PREPARATION 1. Protect and maintain benchmarks and survey control points from disturbance during construction. 2. Provide erosion control measures to prevent soil erosion and discharge soil bearing runoff or airborne dust to adjacent properties and walkways. 3. Locate and clearly flag trees and vegetation to remain or to be relocated. 4. Protect existing site improvements to remain from damage during construction. a) Restore damaged improvements to their original condition, as acceptable to Owner. E. TREE PROTECTION 1. Erect and main4ain a temporary fence around drip line of individual trees or aoound perimeter drip line of groups of trees to remain. Remove fence when construction is complete. a) Do not store construction materials, debris or excavated material within drip line of trees. b) Do not permit vehicles, equipment, and traffic within the drip line of remaining trees. 2. Do not excavate within drip line of trees, unless otherwise indicated. 3. Where excavation for new construction is required within the drip line of trees, hand clear and excavate to, minimize damage to the root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible. a) Cover exposed roots with burlap and water regularly. b) Temporarily support and protect mots from damage until they are permanently relocated and covered with soil. c) Coat faces of mots more than 1-1/2" inches in diameter (38 mm) in diameter with an emulsified asphalt or other approved coating formulated for use on damaged plant tissues. d) Cover exposed roots with wet burlap to prevent roots$om drying out. Backfill with soil as soon as possible. 4. Repair or replace trees and vegetation indicated to remain that aze damaged by construction operations, in a manner approved by the Owner. , a) Employ a qualified azborist, licensed in jurisdiction where the project is located, to submit details of proposed repairs and to repair damage to trees and shrubs. b) Replace trees that cannot be repaved and restored to full growth status, as determined by the qualified azborist. F. CLEARING AND GRUBBING 1. Remove obstructions, trees, shrubs, grass and other vegetation to permit installation of new construction by others. Removal includes digging out stumps and other obstructions and grubbing roots. a) Do not remove trees, shrubs and other vegetation indicated to remain or to be relocated. b) Cut minor roots and branches of trees indicated to remain in a clean and cazeful manner where such roots and branches obstruct installation of new construction. c) Complete remove stumps, roots, obstructions and derris extending to a depth of 18 inches (450 mm) below exposed sub grade. d) Use only hand methods for grubbing withir- the drip line of remaining trees. 2. Fill depressions caused by clearing and grubbing operations with suitable soil material, unless further excavation or earthwork is indicated. a) Place fill material in horizontal layers not exceeding 8-inch (200mm) loose depth and compact each layer to a density equal to adjacent original ground. 02487 TEMPORARY SEEDING AND MULCHING: D. General: This work shall consist of temporary seeding and mulching of disturbed azeas that are to be paved or sodded as directed by the Owner. E. Material: material for seedine and mulching shall be in accordance to Section2401 of APWA Specifications. Seed shall be Annual Rye Grass seeded at a rare of 1601bs per acre Mulch shall be Vegetative Type F. Seedine Seed the entire property as specified herein. Contractor shall be responsible irrigation once a week for one calendar month. Missouri Division of Labor Standards WAGE AND HOUR SECTION MATT BLUNT, Governor Annual Wage Order No. 14 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 Allen E. Dillingham, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9.2007 Last Date Objections May Be Filed: Aari19.2007 Prepared by Missouri Department of Labor and Industrial Relations Building Constructidr Rates for PLATTE County REPLACMENT PAGE Section 083 000UPATIONALTITLE Date of Increase Hourly Rates Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker ~ $28.14 52 53 $20.23 Boilermaker 9/07 $29.40 57 7 $18.15 Brickla ers-Stone Mason ~ 4107 $29.80 58 39 $12.61 Ca enter 4/07 $32.00 63 68 $11.18 Cement Mason $24.17 65 4 $15.77 Electrician Inside Wireman 9/07 $32.18 13 72 $13.85 + 10% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor $35.855 26 54 $16.055 O eratin En ineer Grou I 4/07 $30.41 85 4 $11.86 Grou II 4/07 $29.60 85 4 $11.86 Grou III 4/07 $24.05 85 4 $11.86 Grou III-A 4/07 $28.26 85 4 $11.86 Grou IV Grou V 4/07 $25.65 85 4 $11.86 Pi a Fitter 6/07 $35.28 2 33 $16.2 Glazier $25.00 FED $2.30 Laborer Buildin General 4/07 $23.25 30 4 $10.76 First Semi-Skilled 4/07 $23.65 30 4 $10.76 Second Semi-Skilled 4/07 $24.05 30 4 $10.76 Lather USE CARPENTER RATE Linoleum La er & Cutter 4/07 $29.94 46 67 $10.88 Marble Mason 7/07 $29.79 25 4 $10.26 Millwri ht USE CARPENTER RATE Iron Worker $26.10 50 4 $19.10 Painter 4/07 $27.05 37 4 $12.11 Plasterer $23.72 68 4 $15.24 Plumber 6/07 $33.18 45 33 $17.07 Pile Driver USE CARPENTER RATE Roofer 6/07 $29.25 95 2 $11.14 Sheet Metal Worker 7/07 $36.18 17 22 $14.06 S rinkler Fitter 7/07 $34.60 14 4 $14.15 Terrazzo Worker 7/07 $29.79 25 4 $10.26 Tile Setter 7/07 $29.79 25 4 $10.26 Truck Driver-Teamster Grou 1 4/07 $27.19 100 4 $9.41 Grou II 4/07. $27.19 100 4 $9.41 Grou III 4/07 $27.39 100 4 $9.41 Grou IV 4/07 $27.39 100 4 $9.41 Traffic Control Service Driver $15.35 48 49 $2.71 Welders-Ace lene & Electric Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751-3403. **Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 14 Building Construction Rates for PLATTE County Footnotes Section 083 OCCUPATIONAL TITLE Date of Increase Hourly Rates Time Schedule Holiday Schedule Total Fringe Benefits * Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s) and All Immediate Attachments. Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. a -Vacation: Employees over 5 years - 8%, under 5 years - 6% ANNUAL WAGE ORDER NO. 14 3/07 PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %z) shall be paid for all work in excess of forty (40) hours per work week. N0.2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4:30 p.m. The maximum work fl+eek shall be forty (40) hours beginning Monday at 8:00 a.m. and ending Friday at 4:30 p.m. Because of traffic, pazking or oilier circumstances, the hours of work on any project may be any continuous 8'/z hours period (8 hours of work plus 30 minutes ffor lunch) between 7:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week consisting of four (4) consecutive ten (] 0) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, with one-half (%z) hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten.(10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1'/z) times the regulaz rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one-half (1 %z) times the regulaz rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regulaz hourly rate and perform seven and one-half (7%z) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regnlaz 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. N0. 13: Means a regulaz 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 regulaz workweek. The Employer may alter the above stated hours by two (2) hours for an eazly starting and quitting time only, not to exceed eight (8) hours of work in any one day. The employer may institute a work week consisting of four (4) consecutive ten (10) hour days between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1 %:) times the regulaz rate of pay. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half (1%z) times the regulaz straight time rate of pay. All other work performed outside of the regulazly scheduled working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regulaz straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay, if worked. Shift work performed between the hours of 4:30 p.m. and 12:30 a.m. (second shift) shall be paid at eight (8) hours pay at the regular hourly rate plus ten (10%) percznt for seven and one-half (7'/z) hours work. Shift work performed between the hours of 12:30 a.m. and 8:00 a.m. (third shift) shall be paid at eight (8) hours pay at the regular hourly rate plus fifteen (15%) percent for seven (7) hours work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid atone and one-half (1 %z) times the shift hourly rate. NO. 14: Means eight (8) hours per day shall constitute a day's work. The regulaz starting time shall be 8:00 a.m., and the regulaz quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The 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 regnlaz quitting time and lunch time. All time worked before the regnlaz starting time and after the regulaz quitting time, Monday through Friday, shall be paid at the rate of time and one-half (1 %z). All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of time and one-half (1'h). 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. AW l4 083 OT.doc ANNUAL WAGE ORDER N0.14 Page 1 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0. 17: Means the regulaz working day shall consist of eight (8) hours of labor between eight (8) a.m. and five (5) p.m. and the regulaz work week shall consist of ve (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week. All full-time or p-time labor performed during such hours shall be recognized as regular working hours and paid for at the regulaz hourly rate. Except as otherwise provided, all work performed outside of regulaz working hours during the regulaz work week, shall be at dohble (2) times the regular rate. When circumstances wazrant 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 six (6) a.rr4. and five (5) p.m., Monday through Thursday. 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) how days overtime will be paid at the fime and one-half (1 %x) 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 %z) for all work. All other overtime shall be at double (2) time. The first two (2) howl of overtime must be concurrent with the regulaz work day, two (2) hours prior to or following the regulaz work day are at time and one-half (1'/z). The regulaz workday (as previously defined) on Saturday is paid at time and one-half (1%z). Work performed outside of the regulaz Saturday work day is at double (2) time. All work performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay. The starting time maybe varied by one (1) hour. N0.25: Means regulaz working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regulaz working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2) the regulaz hourly rate. Employment fivm 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half (1 %z) times the regulaz 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. N0.26: Means that the regulaz 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 regulaz working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The employer may establish hours worked on a jobsite for a fow (4) ten (10) how day work week at straight time pay for construction work; the regulaz working day shall consist often (10) hours worked consecutively, between 6:00 am. and 6:00 p.m., fow (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regulaz 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. Regulaz starting time shall be 8:00 A.M., except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the employer up to two (2) hours from the regulaz starting time. Eight (8) hours shall constitute the work day. All work performed prior to or after the regulaz eight (8) hour work day, as described above, and all work performed on Satwday shall be paid at time and one-half (1'/z) the regulaz rate. In the event that a scheduled eight (8) how work day is missed (not to include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after the forty (40) hours in a week must be paid at time and one-half (1%z). Saturday make-up day shall not be used to make up for time lost due to recognized holidays. The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day). If using a 4-10'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%x) 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. N0.37: The Employer may choose, at his discretion, to work five eight how days or fow 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 "fow tens". All work performed on Sundays and recognized holidays shall be paid for afthe rate of double (2) time. All Saturday work shall be paid for at the rate of fime and one-h~f (1'h) the regulaz wage rate. All night work during the regulaz work week other than the above-mentioned days shall be paid for at the rate of time and one-half (1 %:) the`regulaz wage scale until midnight and double (2) time after midnight except make-up time will be allowed under the following condition: In the event of inclement weather on exterior projects which prevents working the full regulaz 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. AW 14 083 OT.doc ANNUAL WAGE ORDER NO. 14 Page 2 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO.45: Means eight (8) hours sh 11 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, beg' ing Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parking and other circumstances, the hours of work n 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) co)secutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used gas 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. All overtime Monday through Saturday shall be paid at the rate of time and one-half (1 %s) the regulaz rate of pay. Sunday and recognized holidays shall be paid at double (2) time. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regulaz eight (8) hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eight hours paid) shall be twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, eight hours paid) shall be fifty cents ($0.50) above the hourly rate. If no first shift is worked, second and third shift employees shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours worked. N0.46: Means the regular work day shall be eight (8) hours ftnm 6:00 a.m. to 6: 30 p.m. Starting time may be between 6:00 a.m. and 10:00 a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 10:00 a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of the regular work day and work week shall be considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for at the rate of time and one-half (1'/s) the regulaz rate. Sunday and recognized holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting often (10) hours at straight time rate of pay. The 4-10's must run for a period of at least four (4) days. NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day's work. Starting time shall not be eazlier than 7:00 a.m. nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one-half (1%s) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on ~' Saturday will be time and one-half (1 %:) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one- half (1 %:) unless time has been lost during the week, in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. If employees work on any of the recognized holidays, they shall be paid time and one-half (1 %z) their regular rate of pay for all hours worked. NO. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one-half (1%2) 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 amake-up day when time is lost due to inclement weather. Time and one-half (1 %x) 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. AW 14 083 OT.doc ANNUAL WAGE ORDER N0.14 Page 3 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO.52: Means the regulaz workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regulaz workday shall consist of a eight (8) hour period, to be worked between the agreed upon stazting time, and ending no later than 4:30 p.m. The agreed upon starting time shal Abe any time between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer to use a fow (4) day, ten (10) hou~work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all fide (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. ~'EIours each day shall be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be' used. Once this clause has been put into effect, it shall remain as long as the majority of the Employees on the project and the Employer agree to keep it. The four (4) day clause shall not be used to circumvent a Holiday. Except as otherwise provided, all work performed outside the regular working hours and performed during the regulaz work week (Monday through Friday) shall be at the following rates of pay: Holidavs-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay. Labor Dav-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three (3) times the regulaz rate of pay. Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be: A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half (1'/z). All other overtime will be paid at the double (2) time rete. B. The first ten (10) hours worked on Saturday will be paid at time and one-half (1'h), with all other howl 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. N0.57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a wcek's work. The regulaz starting time shall be 8:00 am. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regulaz time rate of pay. It being understood that alL other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be ~' paid at the rate of time and one-half (1 %z) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay. N0.58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight (8) hours per day or eight hours beyond normal startinc 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'/z). 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 iftime is lost due to inclement weather and at least sixteen (16) hours, but not more than thirty (30) hours, were worked during• the week. NO.63: Means eight (8) hours shall 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 (lOs) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1'/z). All work performed on Saturday shall be paid at time and one-half (1'/z). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-half (1 %z) the regulaz rate. AW l4 083 OT.doc ANNUAL WAGE ORDER NO.14 Page 4 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and orfe-half (3%x) and five (5) hours after starting time. The starting time may be advanced by two (2) hours or delayed one (1) hour bIi the employer from the regulaz starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1'h). Work performed outside these hours shall be paid at the overtirrt: rate of time and one-half (1'/x), except as provided otherwise below. All work performed on Sundays or recognized holiday~~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 regulaz eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1 %x) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty (40) hours must be paid at time and one-half (1'/x). The employer may establish a 410's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 410'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. N0.68: Means Monday through Stmday 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 fiprti the regulaz 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 %x). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1'/x), 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'/x) 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 %x). The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 410's for a minimum of one (1) week. If using a 410's schedule, a Friday make-up day is allowed. NO.85: Means the work week shall be Monday through Sunday. Eight (8) hours shall constitute a day's work to begin between 6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall receive the overtime rate. Employees shall receive time and one-half (1%x) 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'/x). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4-10's must be worked at least one full week and the regular workweek shall be Monday through Thursday with Friday being amake-up day at straight time for days missed in the regulaz 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. N0.95: Means a regulaz workday shall consist of eight and one-half (8'/:) hours elapsed time, including one-half hour for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over ten (10) hotus 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 %x) the straight time rate. Saturday shall be a voluntary make-up day at straight time at the discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at double (2) time. ANNUAL WAGE ORDER N0.14 AW l4 083 OT.doc Page 5 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUCTION (NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-hour days shall constitute a week's work, Monday through Friday. Time and one-half (1/2) the 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 regy ar 5-day 8-hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time sh>!ll be paid for at the rate of time and one-half (1/2%:) and shall not apply to regular shift. All time worked after eight (8) hours in lily one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1 %:) rate. An Employer, at his option, may elect to work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at least one week in duration. All work over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday (Friday if working 4-10's) as a make-up day at the straight time rate of pay. When an employee is required to work on any recognized holiday they shall receive the double (2) time rate for all time that they 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. AW 14 083 OT.doc ANNUAL WAGE ORDER NO.14 Page 6 of 6 Pages PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION NO. 2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO. 7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be.observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. NO. 22: All work performed on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double (2) time rate of pay. NO. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. NO. 39: No work shall be done on the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. NO. 49: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following yeaz: If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time & one-half (1 %z) their regulaz rate of pay for all hours worked. NO. 53: All work done on New Yeaz's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. 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. N0.67: All work perforned 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 jf required to work in addifion 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 properly. 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 (1/2). ANNUAL WAGE ORDER NO. 14 AW014 083 BHol.doc Page 1 of 2 Pages PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION NO. 72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Friday and paid for at double (2) the regular straig t time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency AW014 083 BHol.doc ANNUAL WAGE ORDER NO. 14 Page 2 of 2 Pages Heavy Construction Rates for PLATTE County REPLACEMENT PAGE Section 083 OCCUPATIONAL TITLE ~ Date of Increase Hourly Rates Time Schedule Holiday Schedule Total Fringe Benefits CARPENTER Journeymen 4/07 $32.00 1 17 $11.18 Millwright 4/07 $32.00 1 17 $11.18 Pile Driver Worker 4/07 $32.00 1 17 $11.18 OPERATING ENGINEER Grou I $28.69 3 2 $11.97 Grou II $27.65 3 2 $11.97 Grou III $27.65 3 2 $11.97 Grou IV $23.18 3 2 $11.97 Oiler-Driver $26.53 3 2 $11.97 CEMENT MASON $23.10 3 2 $14.20 LABORER General Laborer $24.18 3 2 $9.99 Skilled Laborer $25.39 3 2 $9.99 TRUCK DRIVER TEAMSTER Grou I $26.26 3 2 $9.60 Grou II $26.26 3 2 $9.60 Grou III $26.26 3 2 $9.60 Grou IV $26.83 3 2 $9.60 For the occupational titles not listed on the Heavy Construction Rate Sheet, •use Rates shown on the Building Construction Rate Sheet. Annual Incremental Increase ANNUAL WAGE ORDER NO. 14 _` PLATTE COUNTY ~ OVERTIME SCHEDULE -HEAVY CONSTRUCTION NO. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by ywo (2) hours'on either side of 8:00 AM. The Employer may establish a work week consisting o~ four (4) days, Monday through Thursday, each day consisting often (10) hours straight time. The four (4) tens (lOs) must run for a period of at least four (4) days, Monday through Thut,~day. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1'/z). All work performed on Saturday shall be paid at time and one- half (1 %z). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, of ten (10) hour work day, as described above shall be paid at time and one-half (1'/z) the regular rate. N0.3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time 8c one-half (1 %z). Workers shall receive time and one-half (1 %z) for all work performed on Sundays and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized holidays when and only if any other craft employees of the same-employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of tl'ie Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work,' in which event, the starting time may be delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1 %z). . AW014 083 HOT.doc ANNiJAL WAGE ORDER NO. 14 Page 1 of 1 Page PLATTE COUNTY HOLIDAY SCHEDULE -HEAVY CONSTRUCTION NO. 2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of time and one half (1/2%). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified holidays falls or is observed during the work week; then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1/2%). NO.17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half AWOl4 083 HI-lol.doc ANNUAL WAGE ORDER NO. 14 Page 1 of 1 Page REPLACEMENT PAGE OUTSIDE ELECTRICIAN These rates are to be us~d for the following counties: Bates, Benton, Carroll;,Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and Saline COMMERCIAL WORK Occu ational Title Basic Total Hourl Frin e Rate Benefits *Journyman Lineman $35.14 $4.75 + 34% *Lineman Operator $32.79 $4.75 + 34% *Groundman $23.38 $4.75 + 34% UTILITY WORK Occupational Title Basic Total Hour Fringe Rate Benefits *Journeyman Lineman $31.93 $4.75 + 34% *Lineman Operator $29.52 $4.75 + 34% *Groundman $20.58 $4.75 + 34% OVERTIME RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time maybe adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one-half (1/2%) times the regular rate of wages, other than on Sundays, holidays and from Midnight unti16:00 a.m.; which will be paid at double (2) the straight time rate. HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double 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. AnnualIncrementallncrease KC ZONE 1 AWl4 in4.dce ANNUAL WAGE ORDER NO. 14 CONTRACTOR'S QUALIFICATION STATEMENT NAME: MIDLAND WRECKING INC Mail to: 1900 S. 78th Street P.O. Box 14906 Kansas City, KS 66106 Lenexa, Ks 66215 TELEPHONE: (913) 432-0314 FAX: (913) 432-6021 Email: midfox@hughes.net TYPE OF WORK: DEMOLITION, SITE CLEARANCE DEBRIS REMOVAL, EXCAVATION EXECUTIVE SUMMi4RY: Midland Wrecking Inc. has been in operation since 1987. We are licensed to do work in the states of Kansas, Missouri. We have done previous work- in Nebraska and Iowa. Midland qualifies under the small business guidelines under classification 238910 CORPORATE STRYICTURE: DATE OF INCORPORATION: December 1989 STATE OF INCORPORATION: Kansas TAX ID NO.: 48-1078227 PRESIDENT: Ed Kates VICE-PRESIDENT: Tim Kates SECRETARY-TREASURER: Tim Kates AVERAGE VOLUME OF BUSINESS: Over 2 Million Annually BONDING CAPACITY: $ 3 MILLION Insurer: Employers Mutual Casualty Company Agent: Kevin Kalish 5201 Johnson Drive, Ste 500 Mission, KS 66205 LIABILITY LIMITS: $2 MfiLLION INDIVIDUAL WITH. $3 MILLION PROGRAM TOTAL. UMBRELLA LIMITS CAN BE INCREASED AS NECESSARY BANK REFERENCES: SECURITY HANK 1000 MINNESOTA AVENUE KANSAS CITY, KS 66101 UNION STATUS: We are a non-union company. KEY PERSONNEL: ED KATES - 30 years of experience as an operator, estimator, and supervisor - 18 years of experience as owner of company TIM KATES - 14 years total experience in the demolition field - 10 years of experience as operator/superintendent STEVE TRIPP - 18 years of experience in construction / demiolition EQUIPMENT LIST Cat 963 Track Loaders (4) Cat Rubber Tire Loader - Cat 973 Track .Loader Cat 977-Track Loader Komatsu 200 Traok Hoe=(1) Komatsu 300 Track Hoe (3) Case - 60XT Skid Steer (1) Case 18450 Uniloader (1) Champion Motor Grader (i) **Excavators - all excavators are equipped with hydraulic hammers, grapples, and shears 3 Maok Tractors, 4 International Tractors, 2 Mack Tandems and (8) Trailers (Box, Ejectors & Barrals) MIDLAND WRECKING HAS COMPLETED DEMOLITION JOBS USING VARIOUS DEMGLITION PROCEDURES. A FEW EXAMPLES OF EACH TYPE OF METHOD I~ LISTED BELOW: IMPLOSIONS; HURON BUILDING, KANSAS CITY, KANSAS BRIDGE ARCADE, KANSAS CITY, MO EMPIRE APARTMENT BLDG., KANSAS CITY, MO WRECKING BALL: WESTERN MISSOURI MENTAL HEALTH DEMO.- K.C.MO. CITY OF LEAVENWORTH - SILOS, LEAVENWORTH, KS MACHINE: PHASE 1 - MERRIAM VILLAGE DEMO - 42 HOMES CITY OF MISSION -2 BLOCK COMMERCIAL DEMO INTERIOR: MAY DEPT STORE - 119TH & ROE (NEW JONES STORE) HOME EXPRO - 95TH & QUIVIRA (NEW KOHL~S STORE) PROFESSIONAL BUILDING - 16 STORY LOFT - 90% of all work is completed with in-house personnel Sub-contractors are contracted with for asbestos removal - We have completed several demolition projects for retail firms such as and Carmax and Benchmark which required-that demolition be expedited to meet critical time schedules. - We have never failed to complete a contract. - Additional references are available upon request. MIDLAND WRECKING COMPANY KEY PERSONNEL Ed Kates, President /,Operations Manager Mr. Kates is a third generation demolition contractor. He has been in the demolition field for 36 years. Mr.-Kates began his demolition career cleaning brick for his grsndfatY-er. Upon graduation he joined the family buainesb as .a laborer, advancing to a driver, equipment operator and estimator. . In 1987 Mr. Kates moved to Kansas City and started his oovn com}~any, Midland Wrecking. He is President and Treasurer of the coupany. Be currently oversees all operations of the business. Mr. Kates is skilled in every aspect of the demolition business. He has never missed a completion date nor failed to complete a project. Training: Contractor Licensing Education Program 8 Hours Continuing Education Every Year 40 hour HszMat Communication Trained MIDLAND WRECKING COMPANY KEY PERSONNEL Tim Kates, Field Superintendent / Operator Mr. Kates has over 14 years experience in the demolition field. He attended University of Central Oklahoma where he studied general business. Mr. Kates began his demolition career as a laborer for 5 years. He then advanced to equipment operator and field superintendent and has continued same for the last 10 years. Mr. Kates is responsible for coordinating work creme, heavy equipment, track drivers and pertinent paperwork. Mr. Kates is an integral part of each project. His ability to perform multi-task each day makes him•an asset•to our firm. Education: University of Central Oklahoma Business Courses Builder's Association- Project Management / Estimating 40 hour HazMat Communications Course MIDLAND W1tECffTNG COMPANY KEY PERSONNEL Steve Tripp, Project Manager / Estimator Mr. Tripp has over 18 years experience in the demolition field. He is a graduate of St. Mary of the Plains College with a degree in Business Administration. Mr. Tripp worked for 5 years as afield superintendent and estimator for an explosives demolition company. He then spent 6 years as project manager and estimator for an environmental remediation company and the last 6 years as project manager and estimator for a demolition/construction company. Mr. Tripp is responsible for estimating and managing complex commercial projects with restricted schedules. Mr. Tripp is an integral part of each project. His skills in the environmental, implosives and conventional demolition fields make him as asset to our firm. Education: Bachelor of Business Administration Emphasis - Computer-Business 40 hour HazMat Communications Course Experience Mode Rate (Interstate) EMR - 2007.99 Recordable Incident - 1 1. Ankle - NeW employee (2nd day) Employee sprained ankle getting out of truck. No fractures to ankle only bruising - Missed 121 days - Quit 2 days after returning to wgrk. EMR - 2006 .85 Hours Worked - 27,68 Recordable Incidents- 3 L. Cut on Lip ~ Piece- of debris hit employee in the-lip - No days missed 2. Cut on Arm -Piece of debris hit employee's arm - No days missed. 3. Eye -Wind blew piece of debris into employee's eye - No days missed recordable Injury - 1 L Employee found lump in groin after lifting scaffolding -Had hernia operation - 10 working days missed EMR - 2005 .85 Hours Worked - 25,838 Recordable Incidents - 4 1. Bruise to side -Wind caught piece of plywood & it fell and hit employee in The side - No days missed 2. Burn - Piece of lead fell .into employee's shirt while welding - No days. missed 3. Eye -Wind blew piece of debris into employee's eye - No days missed 4. Foot -Employee stepped on nail - No days missed Recordable Injury - 1 1. Eye -Debris blew into employee's eye - 54 days missed (Employee refused lite duty after Doctor released him to work) EMR - 2004 .91 Hours Worked - 27,056 Recordable Incidents - 1 1. Hand -Employee cut hand on barbed wire fence - No days missed EMR - 2003 - 86 EMR - 2002 - 85 EMR - 2001 - 78 MAJOR CONSTRUCTION PROJECTS COMPLETED 1999 Deinolitian o~`Civic Centre Hotel - $424,000.00 4241vlinnesop~„ Kansas City, KS Owner: Unified Government of Wyandotte County & Kansas City, KS Greg Talkin - 913-573-8628 1999 Huron Building - $512,000.00 7th & Minnesota Avenue IMPLOSION Kansas- City, Kansas Greg Talkin - 913-573-8638 1999 Demolition of Building 422 - $42,601.00 1-5925 Fairchild K.C.lv10. Owner: City of KCMO -Aviation Dept Walt Silon - 816-243-3045 1999 Benchmark Industries - $215,160.00 2115 E. K.C. Road, Olathe, KS Owner: Benchmark Industries • Jerry Davidow - 913-764-5600 1999 Mills Building -Interior Demo - $147,468.00 901 Kansas Avenue, Topeka, KS Contact: Dale Diggs - 816-920-6555 2000 Jack Henry & Associates $267,404.00 KCC Contractors 1835.5. Stewart, Springfield, Mo. Larry-Bowman - 913-894-9988 2000 Linwood Area Ministry - • $177,191.00 Linwood Property Inc. 7850 Holmes-Road K.C.MO. A.L. Huber - 913-341-4880 2000 Kansas City Aviation - $221,188.00 .400 Richards Road Kansas City, Mo Contact: Walt Silon 2000 Karisas City Peterbilt - $41,359.00 3rd & lvlnnesota Kansas City, KS Contact: Greg Talkin 913-573-8628 2000 Humane Society of Kansas City - $17,658.00 316 Minnesota Ave Kansas City, KS Contact: Crreg Talkin 913-573-8628 2000- University of Kansas -Continuing Ed Bldg, Annex A, B & C 114 Carruth -O'Leary Hall Lawrence, Kansas 66045-7000 Roger Harmon - 785-864-3431 2001 Hospital Hill Demo Phase 1 & 2 - $444,700.00 LCRA - 10 Petticoat Lane Kansas City, IvIO. Contact: Mark Towner - 913-642-6642 2001 W.R. King Contracting - $ 63,700.00 1102 Oak Kansas City, Mo. Contact: Willard King - 913-384-4943 2001 A.L. Huber Contracting -Linwood Ministry - 10770 El Monte Overland Park KS 66211 Randy -Huber - 913-341-4880 2001 Lincoln Properties -Port West Apartments 2603 W. 22"d St Ste 22 Oak Brook, Il 60523 Charlie Dillon - 630-954-7000 2001 Kansas- City Aviation -Building 104 601 Brasilia Avenue Kansas City, Mo 64153 2002 01d Jail - 8100 Ozark Neighborhood & Community Services 2534 Prospect K.C.Mo. Susan Crider - 816-784-4026 $ 386,875.00 $ 18,663.00 $110,248.00 ~ . 1 2002 I73 Cherokee Shopping Center ' O'Brien Construc~'tion 30685 Solon Ind JPkwy Solon`Ohio 441,139 Tom. Pawlik - ,440-519-9891 2002 Argentine & Rosedale Middle School Central State-Contracting 6`10 S. 78s' St K.C.KS 66111 Jason - 913-788-1100 2002 Pennyeross Buyout - 4 homes - City of Lenexa 12350 W 87th St Pkwy, Lenexa, KS. 66215 Dan Bunch -913-477-7680 2002 Bayer Laboratories Facility $240,SS0.00 James N. Gray Company 10 Quality Street, Lexington, KY 40507-1450 Contact: David Martin - 859-281-9246 2003 24 Hr Fitness / TJ Max Michael Todd` Company 7700 N. Hudson Ste 9, Qklaho"ma City, Ok 73116 Michael Todd - 405-810-8184 2003 Payless Cashways Dicon Corporation 115406 Nicholas St Ste 200 Omaha, NE 68154 Royce - 402-493-2800 2003 Beacon Hill Demolition -Phase I Owner - HEDFC 4001 Blue Parkway Ste 250 Kansas-City, Mo Everett'Tomlin - 816-472-3000 2003 Branson Waterfront Redevelopment City of Branson - 110 West Maddox, Ste 310 Branson, MO 65616 ~- Contact: Charles Ashcraft - 417-337-8559 $ 70,875.00 $ 65,880.00 $ 40,532.00 $240,550.00 $143,510.00 $ 62,058.00 $76,301.00 $786,721.00 T _~ 2004 Grain kilo Complex Owner -City of~Leavenworth 100 N. Stn Street,'LV, KS 66048 Diane Sherman -~ 913-680-2628 i 2004 Jacobsans De firhnent Store -Interior Renovation Owner - Nlay~ornpany 611 Olive Street St. Louis,lvlo Contact -Paul' Ledbetter - 314-342-6633 $193,435.00 Wrecking Ball $ 229,798.00 2004 1100-McGee Multi-Story Parking Structure-K.C.Mo. $279,038.00 Owner -Neighborhood & Community Development 2534 Propsect, K.C.Mo. 64127 Contact: Nathan mare - 816-784-4020 Contract Amount - 2005 Honda Dealership Independence Honda 3151 S: Noland Road Independence, Mo. 64055 Contact -Kevin Killilea - 816-833-4790 2005 Professional Building -16 Story Interior Demo Barsto Construction 1601 Iron Street Kansas' City, MO Contact: Rob Tinker - 816-421-5677 2005 Jardine Apartments - Redevelopment A B C Kansas State-University Manhattan, Ifansas Contact: James Hodges - 785-532-6466 2005 Old`Wards Building Kessinger`Hunter 2600 f rand "Bled, Ste 700 Kansas-City, Mo 64108 Contact- Ed Feltman - 816-936-8517 2005 Fuch Lubricant Plant Tank Demo ' Coleman Industries P.O. Box 14097 Kansas City, Mo 64132 Project - Fuch's Lubricants ~ Contact -John Porting 816-668-4030 $181,057.00 $455,755.00 $ 91,224.00 $47,820.00 $ 68,800.00 ~. ~\ t 2005 Phase I Norfh Br~~ghton Demo $140,611.00 CI1v10' 414 E: 12s' Strut Kansas City, lylo Contact - Kixfi Pemberton - 816-513-2746 2005 Lee's Summit Inn Demolition $102,S61.Ob Income Properties 4240 Blue Ridge Blvd Ste 900 Kansas- City, Mo 64133 Contact-Neil Whitehead-816-383-1052 2005 Lawrence Memorial Hospital - 69 Wing $ 73,755.00 Universal Const. Co 11200`W. 79~' St Lenexs~ KS 66214 Contact -Archie Smith - 913-342-1150 2005 BNSP Railroad -Rail Car Rehabilitation Facility $ 60,984.00 Kinley Construction 7301 E. Commercial Blvd Arlington, TX 76001 Contact -Matt Heit - 817-819-9455 2005 Roe. Shopping Center -Demolition $ 283,744.00 Max Rieke & Brothers P:O.-BOX 860227 Shawnee, KS 66286-0227 Contact -Mike Christi - 913-498-8000 2006. Blue Parkway Warehouse Demolition $ 89,305.00 Dangerous- Buildings 2534 Prospect Kansas City, Mo. Contact. -Nate' Pare' - 816-784-4020 2006 Kohl's Department Store -Interior Rehab _ $ 192,798.00 Crane'Construction P.O:-Box 298 Savannah, Mo 64485 Contact -David Crane - 816-324-5951 -l ~~ 2006 Noodles Building -17`" & Main ~, Harris Construction 32001-Iaskell - S e 140 Lawrence; KS 6046 i 2006 Western Men Health -Multi-Story Hospital Chi#dYen's 1VI rcy Hospital 2401 Gilham KansasCity, Mo 64108 Carl Palermo - 816-234-3000 2006 Mission -Public Works Demo City of Mission 6090- Woodson-Road Mission, KS 66202 Steve Weeks. - 913-262-7102 $ 64,784.00 $ 763,376.00 Wrecking' BaII $ 98,340.00 2006 Quality Inn -Atrium Complex -Selective Demolition FGB Corp. - 7100 N: Oak Trafficway Gladstone; Mo 64118 $ 217,830.00 Mark Spurgeon - 816-300-4101 2007 Brywood Center Commercial Strip Demolition 8610 - 8634 E. 63`~ Srteet , K.C.Mo Tri -Lake Properties Edward Larsen - 708-531-8268 One Westbrook Center -Ste 520 Westchester, Il 60154 2007 Emergendy Demo - 3208 Indep. Avenue Dangerous' Bldg 2534. Prospect, K.C.Mo. Nathan Pare - 816-784-4020 2007 Emergency Demo - 5821.Swope Pkwy Dangerous Bldg 2534 Prospect, K.C.Mo. Nathan Pare' - 816-754-4020 2007 2 Metal' Buildings - 4775 Lamar City of Mission 6090` Woodson Rd; Mission, KS 66202 Steve Weeks - 913-262-7102 $ 70,712.00 $ 79,300.00 $ 34,800.00 $ 64,165.00 ~„ 1 . .. ~~ s _ 2007 Stoneo~roft Ministries r~ Pearce Const. Co. 417 E. 135`h St, sas City, ~Io 64.145 $ 30,524.00 Tom Wilson - 8~6-365-9007 2007 Mt. St. Schol~ica -Multi Story Adm. Bldg $400,000.00 Catholic Charities Wrecking Ball Atchison, Kansas Sister Elaine. Fisher - 913-370-0161 ' fee Attached Ricture F ~` 2