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HomeMy WebLinkAbout2007-024 - Construction Contract with Radmacher Brothers Excavating CompanyBILL NO. 2007-24 ORDINANCE NO. 2007-24 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH RADMACHER BROTHERS EXCAVATING COMPANY, INC. FOR THE RECONSTRUCTION OF THE HORIZONS PARKWAY PHASE I IN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") desires to engage in the services of a contractor to perform construction services in the connection with the Horizons Parkway Phase I Project (the "Project "); and WHEREAS, the City advertised and received multiple bids for the Project; and WHEREAS, at its March 20, 2007, meeting the City's Board of Aldermen did approve the bid, Three Million Nine Hundred Fifty Thousand Five Hundred Dollars and Seventy Cents ($3,950,500.70) for the construction services; and WHEREAS, Radmacher Brothers Excavating Company, Inc. provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, BE IT ORDAINED, by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1 . The City of Riverside shall employ Radmacher Brothers Excavating Company, Inc. to perform the construction services, and shall pay to Radmacher Brothers Excavating Company, Inc an amount not to exceed Three Million Nine Hundred Fifty Thousand Five Hundred Dollars and Seventy Cents ($3,950,500.70) for such construction services which are described in the bid form attached hereto as & hibit Exhibit A (the "Bid Form "). Section 2 . The contract, in substantially in the form attached hereto as Exhibit A, and payments by the City for the construction service described therein, is approves, and the Mayor is authorized to take such actions reasonably necessary to carry out the intentions of this Ordinance on behalf of the City. Section 3 . This Ordinance shall be in full force and effect for and after its passage and approval. ADOPTED AND PASSED THIS 20th DAY OF MARCH, 2007. ATTES 9 ty Clerk 4�Qei yor Kathleen L. Rose /TEMLZED PROPOSAL ITEM NO. BID ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE PRICE EXTENSION 1 Construction Survey and Staking 1 IS 18,500.00 $18,500.00 2 Contractor Trailer 1 I.S 10,300.00 $10,300.00 3 Mobilization 1 IS 268,600.00 $268,600.00 4 Traffic Control 1 LS 2,600.00 $2,600.00 5 C Existing Well 1 LS 1,930.00 $1,930.00 6 Clearing and Grubbinit I LS 12,500.00 $12,500.00 7 Embankment 40,534 CY 1.00 $40,534.00 8 Unclassified Excavation 70,874 CY 2.80 $198,447.20 9 Sediment Fence 4,600 IF 1.75 $8250.00 10 Temporary Slope Drain 12" 232 IF 24.40 $5,660.80 11 Temporary Slope Drain 18" 331 IF 29.10 $9,632.10 12 Rock Check Dam 4 EA 670.00 $2,680.00 13 Temporary Sediment Trap Excavation 1,300 CY 7.80 $10,140.00 14 for Sediment T D50=2" 13A CY 79.60 $1,066.64 15 A for Sediment T 50=10" 61.2 CY 79.60 $4,871.52 16 Curb Inlet Protection 22 EA 130.00 $2,860.00 17 4' DIA. Sanitary Sewer Manholes (0' to 8' Depth) 10 EA 2,360.00 $23,600.00 18 5' DIA. Sanitary Sewer Manholes (0' to 8' Depth) 5 EA 3,130.00 $15,650.00 19 4' DIA. Sanitary Sewer Manholes (D Above 8) 114.3 VF 89.30 $10,206.99 20 5" DIA. Sanitary Sewer Manholes (D Above 8) 80.5 VF 139.00 $11,189.50 12" P.V.C. Sani Sewer Main 1,850 LF 101.00 $186,850.00 16" P.V.C. San' Sewer Main 370 IF 118.00 $43,660.00 F23 24" P.V.C. San' Sewer Main 890 LF 153.00 $136,170.00 30" P.V.C. Sanitary Sewer Main 690 IF 184.00 $126,960.00 25 Dewatering of Sanitary Sewers I LS 214,300.00 $214,300.00 26 24" Steel Encasement 185 IF 99.60 $18,426.00 27 2" PVC Conduit (Future Lighting) 1,104 EA 7.30 $8,059.20 28 Pull Boxes (Future Lighting) 13 EA 790.00 $10,270.00 29 APWA Type II Curb Inlet (41 7 EA 2,700.00 $18,900.00 30 APWA Type 11 Curb Inlet (81 15 EA 3,390.00 $50,850.00 31 RCP End Section 18" 1 EA 970.00 $970.00 32 RCP End Section 48" 2 EA 1,440.00 $2,880.00 33 Reinforced Concrete P' 15" 1,891 IF 39.40 $74,505.40 ITEM NO. Bm ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE PRICE EXTENSION 34 Reinforced Concrete P' 18" 343 LF 58.10 $19,928.30 35 Reinforced Concrete Pi (48" ) 181 LF 112.00 $20,272.00 36 Underdmins 5,660 LF 20.50 $116,030.00 37 9" Fly Ash Stabilization Sub 29,920 SY 3.90 $116,688.00 38 4" Concrete Sidewalk 3,911 SY 32.60 $127,498.60 39 4" Concrete Median 149 SY 84.00 $12,516.00 40 Type CG -1 Curb and Gutter 11,191 LF 11.45 $128,136.95 41 Lift Station Access Road Geotextile 8,917 SY 1.50 $13,375.50 42 Lift Station Access Road Base Rock (357) 2,809 TON 19.80 $55,618.20 43 Lift Station Access Road Surface Rock (Type 5) 1,532 TON 19.80 $30 333.60 44 Seeding 9.6 ACRE 1,070.00 $10,272.00 45 Sodding 2.6 ACRE 17,400.00 $45,240.00 46 Rock Ditch Liner T 4 927 CY 42.70 $39,582.90 47 Rock Lining for Culvert Outlets 469 CY 42.70 $20,026.30 48 Conduit, 2 inch, Trench 2,781 LF 5.60 $15,573.60 49 Conduit, 4 inch. Trench 1,013 LF 11.40 $11,548.20 50 Pull Box, Preformed Class 3 8 EA 1,830.00 $14,640.00 51 Pull Box, Preformed Class 5 4 EA 1,800.00 $7,200.00 52 Type SHR2L -1 Sign 178.8 SF 19.00 $3,397.20 53 Perforated Square Steel Tube Post, 2 ",12 GA. 225 LF 6.00 $1,350.00 54 Perf. Sq. Steel Tube Post Anchor Sleeve, 2.5 ",12 GA. 74 LF 10.50 $777.00 55 U -Channel Post, 2 LB. 126 LF 5.80 $730.80 56 Sign Barricade 6 EA 6,300.00 $37,800.00 57 Flexible Delineator 45 EA 79.00 $3,555.00 58 Epoxy Pavement Marlin 4" Yellow 160 LF 3.20 $512'00 59 Epoxy Pavement Markin 6" White 7,082 LF 0.70 $4,957.40 60 E x Pavement Markin 24" White 56 LF 5.25 $294.00 61 62 Pavement Marking Symbol (Right Arrow) Pavement Marking Symbol Left Arrow 25 15 EA EA 250.00 250.00 $6,250.00 $3,750.00 63 Pavement Marling Symbol (Thru Arrow) 6 EA 105.00 $630.00 64 jPortland Cement Concrete - Structures 757.0 CY 422.001 $319,454.00 65 lReinforcing Steel 153,623 LB 0.84 $129,043.32 66 Granular Back611- Structures 965.6 CY 55.30 $53,397.68 Alternate Pavement Bid Instructions: I. This contract shall consist of a pavement composed of either Portland cement concrete or Asphaltic concrete, constructed on a prepared Subgrade in accordance with the project a specifications and in conformity with the lines, grades, thickness and typical cross sections indicated on the plans or established by the Owner. 2. To exercise this option, separate pay items, descriptions and quantities are included in the Itemized Proposal for each of the two alternates. The bidder shall bid only one of the two alternates and either enter a "0" or leave blank the contract unit price column for any pay item listed for the other alternate. 3. A sum of $144,700.00 will be added by the City to the total bid using the asphalt alternate for bid comparison purposes to factor in life cycle cost analysis of the roadway. the additional amount added will not represent any additional payment to be made to the successful bidder and is used only for determining the low bid. 4. The quantities shown for each alternate reflect the total square yards of pavement surface designated for alternate pavement types as computed and shown on the plans. No additional payment will be made to construct the required base below the curb and gutter. y . 0• * 490959200.70 + >nj)lWtFZe 1449700.00 - 399509500.70 I 1 � � 4 t. AGREEMENT BETWEEN CITY OF RIVERSIDE AND RADMACHER BROTHERS EXCAVATING CO., INC. FOR COMPLETION OF HORIZONS PARKWAY (SOUTH) PROJECT CONTRACTOR: Radmacher Brothers Ezcavatina Co., Inc. ORDINANCE NO.: 2007 -24 CONTRACT PRICE: $3,950,500.70 x AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR HORIZONS PARKWAY (SOUTH) THIS AGREEMENT, made and entered into as of the 20th day of March. 2007, by and between the City of Riverside, Missouri ( "City"), and Radmacher Brothers Excavating Co., 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 -24, duly approved March 20, 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 Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The 2 Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE H CONTRACT AMOUNT A Provided Contractor performs all Work in accordance with the Contract Y Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of Three Million Nine Hundred Fifty Thousand Five Hundred and 70/100 Dollars ($ 3,950,500.701 . 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 ;p prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Determination of the actual quantities and classifications of unit price Work performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the lump sums and unit prices set forth in Exhibit E. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E are materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. 3 E. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. 2007 -24 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed ") that shall be given by City to Contractor. B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 108 working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall pay City $2425, as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Paragraph F below and Article XIH of this Agreement under all circumstances described in Paragraph F and Article XIM 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 4 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 conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent NVith the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, a or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement. 4. PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement). 5 T' 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, mating 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 finther additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No. 2007 -24 Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. 0 D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retaina.ge) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the'Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed upon Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all fii ther obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 7 z' 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES /CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with. any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work involved is covered by unit prices set forth in Exhibit E, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 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 0 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 performance of the Work. D. `Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not a. limited to all direct and indirect costs associated with such change and any and all adjustments to 7: 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 z A. Contractor shall, at all times during the.performance of any of the Work, maintain not less than the following insurance coverages and amounts: L 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. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non -owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non - owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than `S +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. 10 Each policy providing general liability or automobile liability coverage shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all'of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the fut cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers, This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, 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 final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice to City in the event of cancellation, expiration, non - renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates satisfactory to City evidencing that Contractor has all the required insurance and is in compliance with this Article VII. The certificate or certificates shall be delivered to City's designated representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City and its employees, officers, and agents. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall fiunish 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, 11 ti .. 1 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, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly, or indirectly employed by them or for whose acts they may be liable, the indemnification obligation under Paragraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's .infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct 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. 12 ARTICLE XI RECORDS REGARDING PAYMENT f For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and.to receive all written notices and Payment Applications: For Ci : David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been 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. 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 For Contractor: Ed Andres Vice President Radmacher Brothers Excavating Co.. Inc. 2201 North 7 Highway, Suite B Pleasant Hill, MO 64080 ARTICLE NM DEFAULT 13 T' any time to fiunish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain 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 MV TERMINATION FOR CITY'S CONVENIENCE 14 City may, at any time, for any reason, an d without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during. the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE 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. 15 T, 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 SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall.at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimis 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 XVM COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work Er 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 = does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices 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 17 T 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 XXIH 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 XXVH 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 18 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 RIVERSID kMAY RADMACHER BROTHERS EXCAVATING CO INC. / By: 1�' �?A (Signature) Printed Name• od Mac I& Title: f n' ' J 19 z . , EXHIBIT A — SCOPE OF WORK Contractor shall perform the following Work: All Work necessary to construct Horizons Parkway (South) through the limits of the Project as shown on and in accordance with the Specifications and Drawings referred to in Exhibit B to the Agreement. The Work shall include removal of pavement, construction of underdrains, grading, plugging and capping an existing well, new paving of streets, sidewalks, installation of curb and gutter, storm drainage improvements, permanent signing, traffic control, sediment and erosion control, temporary seeding, construction of a sanitary sewer line, installation of utility casing sleeves and all other items contained in the Specifications and Drawings. The Work does not include Bid Item Number 72. Agreement — Exhibit A Page -1 EXHIBIT B — SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: "Horizons Parkway (South) Specifications: (Divisions 1 through . 3 and 5 of the Project Manual) dated February 23, 2007 including appendices, addenda, and all other documents and specifications referenced therein. The Drawings governing the Work are as follows; cover sheet dated February 23, 2007: i Sheet Description Sheet No. TIT LE SHEET 1 GENERAL NOTES 2 SUMMARY OF QUAN=IES 3 TYP ICAL SECTIONS (4 SHEETS ) 4-7 LAN/PROFILE 8 -17 COORDINATE POINTS 18 L AYOUT DETAILS 19 -20 UND ERDRAIN DETAILS 21 -23 SPECIAL SHEETS 24 -28 TRAFF CONTROL SHEETS 29 ROSION CONTROL 30 -31 L IGHTING. 32 SIGNALS 33 -37 SIGNING 38 -42 P AVEMENT MARKING 43 -45 D RAINAGE DATA SHEET 46 CB DETAILS 47 -73 CULVERT SECTIONS 74 -83 SANITARY SEWER DETAILS 84 -88 CROSS SECTIONS 89 -129 Agreement — Exhibit B Page - 1 This Sheet Intentionally Left Blank BOND# 58643345 FOR THE YAIfHFUL PERFORMANCE of. each of the terms and stipulations - of the AGREEMENT BETWEEN CITE' OF RIVERSIDE AND CONTRACTOR, dated Maace 20 _ 2007, designated Ordinance No. 2007 -24 in every particular, RAbACM BROJ= SRGMnNG COMPANY, TNC_ as Principal, and WESTM SUPXTY COMPANY , as Surety, hereby bind themselves and their respective heirs, ' executors, administra stra tors, successors, and assigns, unto the City of Riverside, Missouri, in the pen2l sum of TBxss anuaog km a=Ro arnsr TaousAm FrvB aimgm -An 70/100 ($3,95o,5oo.7o) lawful mo ey of United States, cb ditioned that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perfom all.of its obligations and duties pursuant to the terms of'the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missouri or,by'final judicial determination pursuant to the provisions of Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the .Work . to be performed thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. Agreement - Exhibit C Page 1 P 1 I 'D Printed Name: JI - V dil D. 1/ Lm Printed Name:• KALY x W n TTf1M -T Title: Date: nrxzL x� 200 The Signatory of Surety has attached hereto its proof of authorization bind Surety to this obligation. Agreement - Exhibit C Page -2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Mark S Nauser, George R Donnelly, Kelly R Watson, Steven L Nicholson, Individually of Kansas City, MO, its true and lawful Attomey(s }in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof; duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of March, 2007. a*r WESTERN SURETY COMPANY Paul . Bmflat, Senior Vice President State of South Dakota l J t ss County of Mmnehaha On this 26th day of March, 2007, before me personally came Paul T. Bmflat, to me ]mown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires 4%%%% %ti % %%%%% %% %%%+ + D. KRELL + November 30, 2012 NOTARY PUBLIC + f�SOUTH DAKOrA �%-%%%%%%%%%%%%%%%+ A44 k4411 D. Krell, No Public CERTIFICATE I L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17TH day of APRIL . 2007 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F428U9 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorise. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. BOND# 58643345 ReDMACHER BROTHERS EXCAVATING COMPANY, rxc .and the CTIY OF RIVERSIDE, MISSOURI, have entered into an Agreement dazed MARrR 2 , 2007 - designated Ordinance No. zoo? -Z& RADMACMU aROiEis $xeAVATINO Goty N " i N c. as Principal, and as Surety, hereby bind themselves and their reppectiye h0ie s, executors,. administrators; successors, and assigns, unto the City of Riverside, • .Mi9bun. in the penal sum of • �IOlt N 7o / /lo o FIFTY TH OUSAND ( $3.950.500.70) lawful money of the United States, conditioned that in the event Principal shall pay the prevailing hourly rate of ages for each � or type pf worker required to execute the Work required by the .Contract Documents described in the Agreement in the locality as determined by the Department of Labor industrial Relations of Missouri or by final judicial 'determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, Of the Revised Statutes of Missouri, and shall timely pay to the proper parties all. amounts due for material, machinery, equipment and tools, consumed• or used in connection with the construction of such Work, and all insurance premiums, workers' compensation; and all other kinds of insurance, on such Work; and for all labor performed in. such Work whether by Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued bn at the instance of any subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside,'to the. use of..such parties, for any breach of the considerations hereof. Surety hereby stipulates :and. agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on Agreement - Exhibit D . Page 1 T' this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. . bl oats -� •�1 ��oi �1 Ill (' By U -1 (, ignature) . Printed Name: LLx R. WATSON AxmRZxsRr -rrR- Title: Date: APRIL 17. 2007 The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this obligation. Agreement - Exhibit D Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know.AB Men By These Presents, That WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signed= and seal herein affixed hereby make, constitute and appoint Mark S Nauser, George R Donnelly, Kelly R Watson, Steven L Nicholson, Individually of Kansas City, MO, its true and lawfid Attorney(s)-in-Fact with full power and authority hereby code=d to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as ihlly and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby !riven, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law primed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereat WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 26th day of March, 2007. State of South Dakota 1 f ss County ofMinnehaha WESTERN SURETY COMPANY c 8� vogq S fA ��w/[ Dom' Paul BruflA Senior V . ice President On this 26th day of March, 2007, before me personally came Paul T. Bmtl4 to me (mown, who, being by me duly swom, did depose and say. that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires f+'� +� +.Y,�,tititi.r�titi•.•r��ti + s D. KRELL • November 30, 2012 f � NOTARY PUBLIC a i 0SOUTH DAKOTA�i D. Krell, NoWsy Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further cer* that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 17Th day of APRIL . 2007 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. EXHIBIT E — ITEMIZED PROPOSAL HORIZONS PARKWAY (SOUTH) PROJECT 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 amd complete all work stipulated in, required by, and in conformity with the proposed Contract Documents (including. all documents referred to therein) and any and ..all addenda thereto,, for and in consideration of the price of dollars.($ . for Bid Item Numbers 1 through 71 OR Bid Items Numbers 1 thi-ougli 69 plus Number 72 (depending on which pavement alternate is being bid). The Contract Amount subject to .final det of Work •performed.at unit prices set forth -in this Itemized Proposal. The quantities of items of unit price Work .set forth in_this Proposal are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise noted in Divisions 1, 2, r 3 or 5: a) determination of the actual quantities and classifications *of unit price Work performed will be made by City and b) final payment for"all unit priced items set forth in -' this Proposal will be based on actual quantities, determined by City. T ' 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 - IV of Agreement between City of Riverside, MO and Contractor. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf 'ofthe bidder therein named, and that it had lawful authority so to do. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its, object the controlling of the price or amount of such bid or.any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof; and that it has not and will not divulge the sealed bid to any person whomsoever, except those. having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the work, together with the local sources of supply, and has satisfied itself as to all conditions and quantities, and understands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to famish the required`bohds and insurance certificates and execute an Agreement within ten (10) calendar days frong and after the Notice'to Proceed for the Contract, and failure .of the bidder to do sb"shall constitute a default, and the City may ~ Agreement - Exhibit E i,, • ' Page . 1 T, . I l thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement .of its rights as to bid security-. . 5. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) Enclosed is a ertified check, cashier's check or bid bond in the amount of DOLLARS ($ ) which the undersigned agrees is subject to being forfeited to and becoming the of the City as liquidated damages and not as a penalty, together with other legal remedies the City may choose to invoke, should this Bid be accepted and the Contract be awarded to this bidder and it should fail to enter into an Agreement in the form prescribed and to furnish the required insurance, bonds and other required documents within ten (10) calendar days as above stipulated, otherwise the bid security shall be returned to the undersigned.upon signing of the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED in t" � 1 U this 1 ,� day of Iy W KI, 1 2007. Contractor 01Mx'6 ;J Title (SEAL) es d QctUtl�ri C/IIAPJ- P�'fitle Address ui ;}70 W610;� Telep ne Number Agreement - Exhibit E Page -2 !TEMPLED PROPOSAL 1TEM NO. BID ITEM DESCRIPTION EST. QTY. UN1T UNIT PRICE PRICE EXTENSION 1 Construction Survey and Staking I LS 18 ,500.00 $18,500.00 2 Contractor Trailer 1 LS 10,300.00 $10,300.00 3 Mobilization 1 LS 268,600.00 $268,600.00 4 Temporary Traffic Control 1 LS 2,600.00 $2,600.00 5 Capping Existing Well I LS 1,930.00 $1,930.00 6 Clearing and Grubbing I LS 12,500.00 $12,500.00 7 Embankment 40,534 CY 1.00 $40,534.00 8 Unclassified Excavation. 70,874 CY 2.80 $198,447.20 9 Sediment Fence 4,600 LF 1.75 $8,050.00 10 Temporary.Slope Drain (12" ) 232 LF 24.40 $5,660.80 11 Temporary Slope Drain (18" ) 331 IF 29.10 $9,632.10 12 Rock Check Dam 4 EA 670.00 $2,680.00 13 Temporary Sediment Trap Excavation 1,300 CY 7.80 $10,140.00 14 Aamgate for Sediment T (D50 =2 ") 13.4 CY 79.60 $1,066.64 15 Aggregate for Sediment Trap (D50 =10" ) 61.2 CY 79.60 $4,871.52 16 Curb Inlet Protection 22 EA 130.00 $2,860.00 17 4' DIA. Sanitary Sewer Manholes (0' to 8' Depth) 10 1 EA 2,360.00 $23,600.00 18 5' DIAL Sanitary Sewer Manholes (0' to 8' Depth) 5 EA 3,130.00 $15,650.00 19 DIA. Sanitary Sewer Manholes (Depth Above 81 1143 VF 89.30 $10,206.99 20 5" DIA Sanitary Sewer Manholes (Depdi Above 81 80.5 VF 139.00 $11,189.50 21 12 "P.V.C.Sanitary Sewer Main 1,850 LF 101.00 $186850.00 22 16" P.V.C. Sanitary Sewer Main 370 IF 118.00 $43,660.00 23 24" P.V.C. Sanitary Sewer Main 890 LF 153.00 $136,170.00 24 30" P.V.C. Sanitary Sewer Main 690 IY 184.00 $126,960.00 25 Dewatering of Sanitary Sewers I LS 214,300.00 $214,300.00 26 24" Steel Encasement 185 IF 99.60 $18,426.00 27 2" PVC Conduit (Future lighting) 1,104 EA 7.30 $8,059.20 28 Pull B tme Li 13 EA 790.00 $10,270.00 29 APWA Type li Cmb Inlet (4 ) 7 EA 2,700.00 $18,900.00 30 APWAT IICuibinlar 8 15 EA 3,390.00 $50,850.00 31 RCP End Section 18" 1 EA 970.00 $970.00 32 RCP End Section 48" 2 EA 1,440.00 $2,880.00 33 Reinforced Concrete Pipe (15 ") 1,891 IY 39.40 $74,505.40 '� 11 1 � 1� � ® ®® J► JI � ;l':N E ntrance ' I I . 1 i < � I �� y r 1 f1. }- �y z '• J �� • F or Both P avement I:I m I /�SaL G•Yi 1^ ( t� 1'1�t I h� Ili IIu C onc re t e I Iw R o a d s Is � h 1 �L <t , �.� List I • �L W {, A V � I I• 11 �. 1 �. ® ©� 1 1 �'■ �_� El /f /r t 4 �Ti S'� fin, ZC Y � j ? Lv 1 Ud Station Access Road Base Rook II I .. ✓. I I'1 � I ..I � I SUBTOTAM, Items 1 Thru 69: 71 TOTAL ASPHALTIC CONCRETE PAVEMENT ALTERNATE BID: Bid Items 1 Thru 69 PLUS Items 70-71: 72 110" Portland Cement Concrete Pavement 1 26,017 1 SY TOTAL PORTLAND CONCRETE PAVEMENT ALTERNATE BID: Bid Items 1 Thru 69 PLUS Item 72: Alternate Pavement Bid Instructions: 1. This contract shall consist of a pavement composed of either Portland cement concrete or Asphaltic concrete, constructed on a prepared Subgrade in accordance with the project a specifications and in conformity with the lines, grades, thickness and typical cross sections indicated on the plans or established by the Owner. 2. To exercise this opt ion, separate pay items, descriptions and quantities are included in the Itemized Proposal for each of the two alternates. The bidder shall bid only one of the two alternates and either enter a "0" or leave blank the contract unit price column for any pay item listed for the other alternate. 3. A sum of $144, 700.00 will be added by the City to the total bid using the asphalt alternate for bid comparison purposes to factor in life cycle cost analysis of the roadway. the additional amount added will not represent any additional payment to be made to the successful bidder and is used only for determining the low bid. 4. The quantities shown for each alternate reflect the total square yards ofpavement surface designated for alternate pavement types as computed and shown on the plans. No additional payment will be made to construct the required base below the curb and gutter. Agreement — Exhibit F Page I Missouri. Division of Labor Standards WAGE AND HOUR SECTION MATT BLUNT, Governor Annual Wage Order No. 13 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 Sinned by Allen E. Dillingham, Director Division of Tabor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2006 Last Date Objections May Be Filed: Auril 10, 2006 Prepared by Missouri Department of Labor and Industrial Relations J �i :.i � I 7 Building Construction Rates for REPLACEMENT PAGE of eTT9= rnienfu 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. Section 083 * "Annual Incremental Increase `SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 13 1107 7 e ve ac si Over- OCCUPATIONAL TITLE Dat e of Hourly Time Holiday Total Fringe Benefits Increase I Rates Schedule Schedule Asbestos Worker 10/05 $28.14 52 53 $20.23 Boilermaker 9/06 $29.20 57 7 $17.90. Bricklayers-Stone Mason 4106• $29.30 58 39 $11.42 Carpenter • 4/06 $31.30 63 68 $10.03 Cement Mason $23.88 65 4 $14.47 ' Electrician inside Wireman 9/06 $30.731 13 t 72 $13.85+10% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor 1/07 a $35.855 26 54.' $16.055 Operating Engineer 4/06 $29.11 85 4. $11:37. Group 1 Group It 4/06 $28.30 85 4 • $11.37 - Group III 4/06 $22.75 85. 4. $11.37..... Group III -A 4/06 $26.96 85 4- $11.37 Group IV Group V 4/06 $24.35 85 4 $11.37 Pipe Fitter 6/06 $33.94 2.' 33 $15.57 . Glazier 10/06 $30.15 88 32 $12.90 Laborer (Building): $22.45 30 4 $10.07 General First Semi-Skilled $22.85 30 4 $10.07' Second Semi - Skilled $23.25 1 30 1 4 1 $10.07 Lather USE CARPENTER RATE Linoleum Layer & Cutter 4106' $29.24 46 67 $9.73 - Marble Mason 6/06 $29.36. 25 4 $ 49 Millwright USE CARPENTER RATE Iron Worker $25.60 50 4 1 $17.75 Painter 4106 $26.20 37 4 $11.50 Plasterer $23.10 68 4 $14.27 Plumber 6/06 $31.48 45 33 $16.72 Pile Driver USE CARPENTER RATE Roofer 6 /06 $28.50 95 1 2 $10.34 Sheet Metal Worker 7/06 $35.00 17 22 $13.34 Sprinkler Fitter 7/06 $34.70 14 4 $12.05 Terrazzo Worker 6/06 $29.36 25 4 $ Tile Setter 6/06 $29.36 25 4 $9.49 Truck Driver - Teamster 4 $9.07 Group 1 $26.04 100 ' Group II $26.04 100 4 $ Group 111 $26.24 100 4 $9.07 Group IV $26.24 100 4 $9.07 Traffic Control Service Driver $15.35 48 49 $2.7 Welders-Acetylene & Electric ` Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751 =3403. Section 083 * "Annual Incremental Increase `SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 13 1107 7 Building Construction Rates for Section 083 PLATTE County Footnotes ective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule * Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s) and All Immediate Attachments. Use Heavy Construction rates for remainder of project, For the occupational titles not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. a - Vacation: Employees over 5 years - 8 %, under 5 years - 6% ANNUAL WAGE ORDER NO. 13 3/06 PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means.time and one -half (1 %:) shall be paid for all work in excess" of forty (40) hours per work week. y NO. 2: Means the maximum of eight(8) hours shall constitute a day's work beginning at 8:00 am. to 12:00 noon, 12:30 p.m. to 4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 am..and ending Friday at 4. -3 0 pm: Because of traffic, parking or other circumstances, the hours of work on any project may be any continuous 8% hours period (8 hours of work plus 30 minutes.for lunch) between 7A0 am. and 4:30 p.m. When circumstances warrant and when it is mutually. _ beneficial and agreed to, the Employer may institute a work week consisting of four (4) consecutive ten (10). hour days, between the hours of 7:00 am. and' 6:00 pm. Monday through Thursday, with one-half (' /s) 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 shalt-k paid. at arate of one and one-half (I'h) times.the regular rate of pay. Overtime performed Monday through Saturday shall. be paid' at the rate of one and one-half (1 h) times the regular rate of pay. Sundays and recognized holidays shall be.paid at the double.(2) time rate of•pay..Labor Day shall be.paid at triple (3) time. Shift work may be performed at the option of the Contractor:. However, whenever shift work- is performed it must cover a period not less than (5) consecutive working days. The day shift sW. work a regular eight.-(8) hours- shift as outlined above. Employees working a second shift shall•receive an additional $025 "above the regular hourly rate and perform seven and one -half (7'h) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8) hours.pay., In-the event a first shift is • . not required, a second.and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hour&. worked. ^� NO. 13: Means a regular workday shall consist of eight ($).hours between 8:00. am. and 4 :30: p.m. Yorty. (40) hours, within five i (5) days — Monday through Friday inclusive — shall constitute the regular workweek. The Employer. may alter the-above stated -! hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one -day. The employer may institute a work week consisting of four (4) consecutive ten (10) hour days between the hours of 7:00 am. 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 (1V2) times the.regular rate of pay. The first four. (4) hours. of. overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be, paid for at one and one-half (1'/s) times- the regular straight time rate of pay. All other work_performed outside of the regularly scheduled working• hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized holidays shall be" paid for at double (2) the regular straight time rate of pay, if worked. Shift work performed between the hours of 4:30 p.m. and 12:30 am. (second shift) shall be. paid at eight (8) hours pay at the regular hourly rate plus ten (10 %) percent :for seven and one -half (7 %2) hours wortk. Shift work performed between the hours of 12:30 arrL and 8:00 am. (third shift) shall be 'paid at eight (8) hours pay at the regular hourly rate plus fifteen (15 5 /o) 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 at one and one -half (1' /2) times the shift hourly rate. N0.14: Means eight.(8) hours per day' hall constitute a day's work The regular starting time shall be 8:00 am., and the regular me shall be twelv ' quitting time shall be 4:30 pm.; lunch time (12) o'clock noon to 12:30 pm. The regular. starting time may, by mutual consent of employees on the job site, and the employer, be between 7:U0 am. and 9:00 a.m. with appropriate adjustments. made "to the- regular quitting time and lunchtime. All time worked -before the regular starting time and after the regular quitting �I time, Monday through Friday, shall - be paid at the rate of time and one-half (1 %s). All work commencing with the beginning of the. established work day on Saturday shall be paid at the rate of time and one-half (1%). All work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double (2) time. J ANNUAL WAGE ORDER NO. 13 A W 13 093 OT.doe Page 1 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION NO. 17: Means the regular working day shall consist of eight (8) hours of labor between eight (8) a.m. and five (5) p.m. and the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week. All full -time or part-time labor performed during such houis shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of six (6) am. 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) hour days overtime will be paid at the time 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'/s) for all work. All other overtime shall be at double (2) time. The first two (2) hours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and one -half (1 %:). The regular workday (as previously defined) on Saturday is paid at time and one -half (1`4). Work performed outside of the regular Saturday work day is at double (2) time. All work performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay. The starting time may be varied by one (1) hour. NO. 25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2) the regular hourly rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half (1'h) times the regular hourly rate. From 12:00 midnight until 8:00 am. on any day shall be paid for at twice (2) the regular hourly rate. NO. 26: Means that the regular working day shall consist of eight (8) hours -worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by -the majority of trades. (The above working hours may be changed by mutual agreement). • Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for construction work; the regular working day shall consist of ten (10) hour worked consecutively,-between 6:00 am. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8;00 A.M., except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the employer up to two (2) hours'from the regular starting time. Eight (8) hours shall constitirte the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1 %:) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not all employees working on a Saturday make -up day will have worked the same number of hours during the regular work week. It is furdter recognized that any work after the forty (40) hours in a week must be paid at time and one -half (1%). Saturday make -up day shall not be used to make up for time lost due to recognized holidays. The employer may establish a4-10'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'h) rate. Friday make-up day shall not be used to makeup for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2) time rate. ANNUAL WAGE ORDER NO. 13 AW 13 083 OT.doc Page 2 of 6 Pages . PLATTE COUNTY•OVERTIME SCHEDULE BUILDING CONSTRUCTION J i NO. 37: The Employer.may choose, at his discretion, to work five eight hour days or four ten hour days with.a Friday make-up day, Monday. through Friday-at straight time. Overtime shall be paid after eight (8) hours when working "five eights" and.afterten hours when working "four tens '. All work performed on Sundays and recognized.holidays shall be.paid for. at the rate of double (2) time. All. Saturday -work shall be paidfor.at the rate of time and one -half (1'h) the.-regular wage rate. All night work during the. regular work week other than the above•mentioned days shall be paid for at. the .rate of time and one -half (1'h) the regular wage scale until midnight and double (2) time after midnight except make -up time will be allowed under the following condition: In the event of inclement weather on exterior projects which prevents working the full. regular eight (8) 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 ofpay UP to amaximumtotal of forty (40) hours per week. NO.'45: Means eight shall constitute.a day's work, beginning at 8:00 am. and ending at 4:30 p.m. Theregular work week shall be forty (40) hours, beginning Monday, $:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parking and other circumstances, the hours of work on any project may begin as early as 6:00 am. with eight.(8) hours worked between 6:00 ari, and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the.employer may institute a work week consisting of four (4) consecutive ten:(10) hour.days,•between the hours -of 7:00 am. and :fi:00 p.m., Monday through Thursday. Friday may be used as e, make-up day. After ten (10) hours in a workday.-or . hours in a workweek overtime shall be paid. at a rate of one.and one -half (1 %3) times the regular rate of pay. All overtime Monday through Saturday, shall be paid at the rate of time and one_half'(1%=) the: regular Mate -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 coyer a period not less #han (5) consecutive working days.: The day shift:shall: work a regular eight (8) hours shift as outlined above. The hourly rate for second shift (seven and one -half hours tvorkedffor-eight hours.paid) shall be twenty -five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, .eight hours paid) shall be fifty cents ($0.50) above the hourly rate. If no first shift is worked, second and third shift employees shall receive an additional fifteen percent (15 %) over and above the hourly rate for actual hours worked, NO. •46s Means the regular work day-shill be eight (8) hours from 6:00. am. to 6:30 pm. Starting time maybe between 6:00 am. and 10:00 am The regular work week shall be forty (40) hours, beginning between 6 .m :00 am. and 10:00 a. on.Monday and ending between 230 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' /z) the regular rate. Sunday. and recognized holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours at straight time rate of pay. The 4-10'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 Triday or Tuesday 'through -Saturday. Eight (8) hours shall constitute a day's work., Starting time shall not be earlier than 7:00 am: nor later than 10:00 am. Forty (40) hours shall constitute a week's work. Overtime at the.rate of time and one -half (1'/:) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one -half (1%) unless time has been lost during the week, in which case Saturday will be a 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 %x) unless time has been lost during.the week, ill 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 the recognized holidays,.they shall be-paid time and one -half (1%) their regular rate of pay for all hours worked.. NO. 50: Means eight (8).hours•constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one -half (lYQ except for exclusions stated in some following additional sentences. The Employer, at his discretion,.may start the work day between 6:00 am. and 9:00 am. Any schedule chosen shall be started at tlie beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule is employed, then Friday may be used as a make -up day when time is lost due to inclement weather. Time and one -half (I %) 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 (lY2) of w 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. ANNUAL WAGE ORDER NO. 13 Awl 083 OT.doc Page 3 of 6 Pages PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION NO. 52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall consist of a eight (8) hour period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m The agreed upon starting time shall be any time between the hours of 6:00 am. and 8:00 am. The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be from 7:00 am. to 5:30 pm. Interested party's on the project must agree to this clause before it may be used. Once this clause has been put into effect, it shall remain as long as the majority of the Employees on the project and the Employer agree to keep it The four (4) day clause shall not be used to circumvent a Holiday. Except as otherwise provided, all work performed outside the regular working hours and performed during the regular work week (Monday through Friday) shall be at the following rates of pay: Holidays -New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay. Labor Day -No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three (3) times the regular rate of pay. Overtime Work performed outside of the regular work day (the regular work day shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending not later than 430 pm. The agreed upon starting time shall be any time between the hour; of 6:00 am. and 8:00 am., 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%2). All other overtime will be paid.at the double (2) time rate. B. The first ten (10) hours worked on Saturday will be paid at time and one -half (1 %z), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate. NO.57:.Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten -hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and 'one -half (1'h) except in cases where work is part of an employee's regular Friday shift All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay. NO. 58: Means eight (8) consecuti ve hours, between 6:00 am. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight (8) hours per day or eight hours beyond normal starting time for that project excluding lunch Monday through Friday, and all work performed on Saturday, shall be paid for the rate of time and one -half (1 %). When Sundays and recognized holidays are worked, the worker(s) shall be paid at the rate of double (2) time. Work maybe scheduled on a four (4) days a week (Monday through Thursday) at ten' (10) hours a day schedule at straight time. A Friday make -up day is available if time is lost due to inclement weather and at least sixteen (16) hour;, 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 (Jos) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one -half (1 %2). All work performed on Saturday shall be paid at time and one -half (1'/2). All work performed on Sundays and recognized holidays must be paid at double {2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one -half (1 %2) the regular rate. ANNUAL WAGE ORDER NO. 13 AW 13 083 OT.doc Page 4 of 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 am., with one half hour for lunch between three and one-half (3 �4) and five (5) after starting time. The starting time may be advanced by two (2) hours or delayed (1) hour by the employer from regular starting time. All work performed before the advanced starting time and.during the half hour lunch shall be paid at overtime rate of time and one-half (1 %). Work performed outside these hours shall be paid at the overtime rate of time one =half (I%),- except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 am. and all time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall. constitute the work day. :All work performed • prior to or after the regular eight .(8)- hour work day,.as described above, and all work on Saturday shall be paid at time and one -half (116) 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 workday may be made up at straight time on the .following Saturday_ It is recognized that, not all employees.workhig on a. Saturday make day will have worked the same number of hours during the regular workweek. It is further recognized that any. work after forty (40) hours must be paid at time and one-half (1 %2). The.employermay establish a 4-10's -schedule on. projects '(4 days with 10 hours per day at straight time). In order to use'the 4-10's schedule,.the employer must. schedule the 4-10's fora . minimum of one (1) week. If using a 4-10's schedule, a Friday makeup- day is allowed. NO. 68: Means Monday through Sunday shall constitute the workweek. Regular starting time shall be 8:00 am., with one-half hour'for lunch between three and one-half and.five hours after starting time. The starting time may.be advanced•or delayed by the employer up to one hour from the regular starting time. All work performed before the. advance. starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1 %a). Work performed outside these hours shall be paid at the overtime rate of time and one -half (1 %2), 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 %2) 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 afterforty (40) hours must be paid at time and one -half (1 %). The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed. ` NO. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall constitute a day's work to begin between 6:00 am. and 9:00 am. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall receive the overtime rate. Employees shall receive time and one -half (1%2) for all time they are required to work prior to their - normal starting time qr after eight (8) hours or normal quitting time Monday through Friday, or all day on Saturday. If an j 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 -how 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 (I%2). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the J ' regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4-10's mdsf be worked at least one full week and the regular workweek shall be Monday through Thursday with Friday being a make-up day at straight time _ for days missed in the regular workweek due to inclement weather. If 5 -8's are being worked, Saturday may be used as a make -up day at straight time if inclement weather prevents work during the normal work week. i NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 am. to 4:30 p.m., Monday through - Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced or delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 am. The advanced or delayed starting time must run for a period of at least five (5) days. The Employer may establish a work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at straight time. The 4-10's must run for a period of at least four (4) _.i days. Time and one-half (I %2) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday (or ten hours a 4-10's week), the first eight (8) hours of a Saturday, and it shall be at time and one-half (1 %2).for the Friday and Saturday following Thanksgiving. Double (2) time shall be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of i eight (8) hours on a Saturday and the Saturday of athree-day weekend (except the Saturday following Thanksgiving). ANNUAL WAGE ORDER N0.13 AW 13 083 OT.doc Page 5 of 6 Pages' PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION NO. 95: Means a regular workday shall consist of eight and one-half (M) hours elapsed time, including one-half hour for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 am. Any work performed over ten (10) hours of elapsed time per day including one -half hour for lunch and/or any work performed over forty (40) hours at the straight time rate in one week shall be paid at time and one -half (1 M) 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. NO. 100: Means eight (8) hours shall constitute a day's -work, and five (5) continuous eight -hour days shall constitute a weeks work, Monday through Friday. Time and one -half (1 M) 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 am. and 9:00 aim. All work over eight (8) hours in a regular 5-day 8 -hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time shall be paid for at the rate of time and one -half (I Y2) and shall not apply to regular shift. All time worked after eight (8) hours in any one day or after p.m., whichever comes fast, shall be paid at the time and one -half (i'/z) 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 shin ANNUAL WAGE ORDER NO. 13 AW 13 083 OT.doc Page 6 of 6 Pages •i �i i J I �.i PLATTE •COUNTY HOLIDAY SCHEDULE — BUILDING CONSTRUCTION NO.2:.All work performed on New,Yeai'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 Now Years Day, Memorial Day Independence Day, Labor Day, Veteraes.Day; Thanksgiving Day,: and Christmas Day shall be paid at the double time rate of pay. if a holiday falls dn.a Sunday, it.shalLbe observed on the Monday following. If a holiday fimlls on a Saturday, it shall be observed on the preceding Friday. NO..22: All work performed on NeW Year's Day, .Memorial Day, Independence Day, Labor Day; Thanksgiving Day, Christmas Day, or days locally observed as such,:and'Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double (2) time rate of pay. NO. 32: All work performed - for the Friday and Saturday following Thanksgiving shall- be paid at the time and one-half (1' /s) rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Dayi Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above holidays falls on' Sunday, the following Monday shall be observed and when one of the above holidays falls on Saturday, the preceding Friday shallbe observed. NO. 33: All work, done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. NO. 39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. NO. 49- The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December I and March 1 of the following year. If any of these holiday@ fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time & one -half (I %:) their regular rate of pay for all hours worked. NO. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid -at the double (2) time rate of pay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. NO. 54: All work performed on New 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 fails on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. _ NO. 67: All work performed on New Year's Day, Memorial Day; Christmas Day, Fourth of July and Thanksgiving Day, from midnight to midnight, shall be for at the rate of double time (2) the basic rate of pay if required to work in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and if the Employer and employees agree that work will. be performed on that day, no premium pay will be required. Should any of the.above holidays fail 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. ANNUAL WAGE ORDER NO. 13 AW013 083 BHol.doc I Page 1 of 2 Pages PLATTE COUNTY HOLIDAY SCHEDULE - BUILDING CONSTRUCTION NO. 68: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one -half (1 %). NO. 72: All work performed on New 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 straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO. 13 AW013 083 BHol.doc Page 2 of 2 Pages REPLACEMENT PAGE OUTSIDE ELECTRICIAN These rates are to be used for the following counties: Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and UTILITY WORK OVERTLYM RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one -half (1' /z) times the regular rate of wages, other than on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the. straight time rate. HOLIDAY RATE: Work performed on New Year's Day ,•Memorial Fourth of July, Labor Day, Thanksgiving Day, Christrrm Day, or days celebrated as such, shall be paid at the -double time rate of pay. If the holiday falls nn Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time rate of pay.. *Annual Incremental Increase ANNUAL WAGE ORDERNO.• 13 9/06 KC ZONE 1 AWl3 in3doc Saline COMMRCIAL WORK J. - P•LATTE:COUNTY HOLIDAY SCHEDULE — HEAVY CONSTRUCTION NO: 2: All work performed on New Year's 'Day; Decoration Day(Memorial Day), Independence Day (Fourth . of ]uly);'Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be �. ....paid at t .rate.of time and one -half Q Y2.). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other craft employees ofthe same:en ployei of wdfk iiahat same job site are: receiving dodble:(2) time pay for:that Sunday or holiday work. No work shall be perfonned'on Labor Day, except in case. bf jeopardy li €e or: property: Thisnlle. is.appliedto protect..Labbr. Day. When• ene' of.the above: holidays falls. on a' the preceding Friday shall be observed; when the holiday falls on a Sunday; the.fallowing Monday_shall -be observed. Where one of the specified holidays.falls or is observed during the " Work week;:tllen a1.1 work performed over.and above thirty-two (32) Hours in.that week shallbe paid at the rate of timg.and one -half ('1•t). , NO.-M.- All workperforined ou New Year's Day, Deccration' Day (Mernonal.Day), Independence Day, (Fourth:of klyj; Labor Darr, Thanksgiving Da}!,.Christmas.Day,.or days• bserved as such; •shall "be`paid afthe rate;of: louble (2 time.. Wliena_hohday.falls on a Saturday; ? ?riday shali�:be 6bse'ived: %6rt alzoliday:fa$s on ... ... . a.Sunday, Monda3%slialllbe iilZserved No, woi k shall:be:pez foimed on thg7ourth of -Tu1X. Zabo %pay except to.saVe: ife or.prbpert.: Where one of the holidays spaclfrsd falls o;is o6`served`during °it e'wdt !04 then all work performed over and.above'.i ifity -two (32) hours'in that weak %shal e:paid at the rate of time and -half I i AW013 083 Miol.dae ANNUAL WAGEDRDER NO, 13 • Page 1 of I-Pages PLATTE COUNTY OVERTIME SCHEDULE — HEAVY. CONSTRUCTION NO. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a period of east four be paid at t Monday through Thursday. All work on Friday on a four (4) tens (10) project 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 regular rate. NO. 3: Means a regular work week shall consist of not more than forty hours hours ) all work performed over and above ten (10) hours per day or forty ( per week shall be paid at the rate of time & 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 am. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work, in which event, the starting time may be delayed, but not later than .12:00 noon. Where one of the recognized holidays falls or is observed during the'work week, then all work performed over and above thirty -two (32) hours in that week shall be paid at the rate of time and one -half (1 / z). ANNUAL WAGE ORDER NO. 13 pq 1 of i pages AW013 083 HOT.&oc Heavy Construction Rates for REPLACEMENT PAGE PLATTE County Section 083 � J .J i r _i J J J OCCUPATIONAL TITLE ective Date. of Increase Basic Hourly Rates Over- Time Schedule . Holiday. Schedule. . . ' al. Fringe Benefits CARPENTER Journeymen Millwright 4/06 4/06 $31.30' $31.30. 1 1. 17" 17. $10.03 $10:03. Pile Driver Worker 4/06.. : $31.30. 1 17 $ 10.03 OPERATING ENGINEER Group 1 4/06 $27.49." 3 2 $11.47' Group II 4/06. $26:45 3. .2 $11.47 Group III 4/06: $26.45 3 • 2.' $1.1,47' Group 1V .. ... :: ;: .. 4J06 . .$21:98. 3' : .,. 2 $11.47 Oiler -Driver 4/06 .$25.39 3 ' 2" $11.47,.' CEMENT MASON. 4/06 $22.60 2 2 $13.15 LABORER General Laborer 4/06 $23.28 3 2 $9.39 . Skilled Laborer 4/06 $24.49 3 2 $9.39 TRUCK DRIVER - TEAMSTER Group 1 4106 $25.11 3 2 $9.25 Group II 4/06 $25.11 3 2 $9.25 , Group III 4/06 $25.11 3 2 $9.25 Grou IV 4/06 $25.11 3 2 $9.25 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. 13 7/06