HomeMy WebLinkAbout2007-058 - Contract with Linaweaver Construction for the Merrimac Drainage ProjectBILL N0.2007- 58 ORDINANCE N0.2007- 58
AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE TO ENTER INTO A
CONTRACT WITH, AND PAY CERTAIN FUNDS TO LINAWEAVER CONSTRUCTION
FOR THE MERRIMAC DRAINAGE PROJECT
WHEREAS, Linaweaver Construction ("Contractor") is providing services for construction services
("Services"), to the City for the Merrimac Drainage Project ("The Project"); and
WHEREAS, Contractor desires to provide such Services and requires funding to provide services to
the City for the City's Infrastructure; and
WHEREAS, the City finds that the provisions of the Services is a public purpose and the City has
the capability and desire to retain Service Provider for the provisions of such Services to the City.
follows:
NOW, THEREFORE, BE IT ORDAINED, by the Boazd of Aldermen of Riverside, Missouri, as
Section 1. The City finds that the provisions of the Services contributes to the welfaze of the
City, that the Services aze important to the welfare of the City and that the provisions of the funds to assist in
the providing such Services aze for a public purpose.
Section 2. The City of Riverside shall pay to the Service Provider for the provisions of the
Services to the City, pursuant to Exhibit A, which is hereby approved, in the amount not to exceed Eighty-
One Thousand Nine Hundred Ninety Dollazs and no/100 ($81,990)
Section 3. The Mayor, City Administrator and City Clerk aze authorized and directed to
execute the Service Agreement with such changes as such officer shall approve, execution of such document
being conclusive proof of such approval. The Mayor, City Administrator and City Clerk are each authorized
and directed to perform all the acts and execute any other documents necessary or desirable to effectuate the
intent of this Ordinance
Section 4. This Ordinance shall take effect immediately.
Passed this 19~' day of June, 2007.
/ 1 ~G~:~,~iYL/
Mayor Kathleen L. Rose
A E
C' y Clerk
AGREEMENT
BETWEEN
CTTY OF RIVERSIDE AND
T.TNAWFAVER ON TR CTTON, INC
FOR
COMPLETION OF
MERRIMAC DRAINAGE IlVIPROVEMENTS
CONTRACTOR: LINAWEAVER CONSTRUCTION, INC.
ORDINANCE NO.: X 0 0 7- 5 6
CONTRACT PRICE: $ 81 , 9 9 0.0 0
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AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
MERRIMAC DRAINAGE IlVIPROVEMENTS
THIS AGREEMENT, made and entered into as of the 19th ~y of June , 2007, by
and between the City of Riverside, Missouri ("City"), and T , ~•,~ ~ „o r (' n n c t rn r- t i nn ~ T n r _
("Contractor"), shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2 0 0 7 - 5 8 ,duly approved
,Tj, n a 1 ~,~ ~ n n ~ 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, azchitects, 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
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and Drawings) to this Agreement and the other Contract Documents, in full compliance with all requirements
set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in
Article VI of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work
on the Project also is being performed by City or others.
D. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City
shall not be required to make any adjustment in either the Contract Amount or the time for performance of
the Work because of Contractor's failure to do so.
ARTICLE II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents
and complies fully with each and every obligation of Contractor under the Contract Documents, City shall
pay Contractor the sum of Eighty-One Thousand Nine Hundred Ninety Dollars
($ R 1 ~ 9 9 0 ). This amount shall include all costs, permit fees, profit, overhead,
expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the
"Contract Amount "
B. The Contract Amount is subject to final determination of Work performed at unit
prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit
E aze estimates only, aze 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 aze included in the lump sums and unit prices set forth in Exhibit E. No
labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by
the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or
in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in
Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit,
overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices
set forth in Exhibit E.
D. If estimated quantities set forth in Exhibit E are materially changed so that application
of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit
prices shall be equitably adjusted.
E. This Agreement is subject to the City Ordinances, and payment shall be limited to the
amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this
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Agreement shall not exceed the appropriation contained in Ordinance No. 2 0 0 7 - 5 8
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.
ARTICZE III
PROGRESS OF WORK /SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated in a written
notice ("Notice to Proceed") that shall be given by City to Contractor.
B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F
of this Agreement) of all the Work not later than 60 working days after the date indicated in the Notice to
Proceed for commencement of performance of the Work. A.working day is any day, except Saturdays,
Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working
time. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items
as promptly as permitted by weather conditions or any other conditions affecting completion of the Work.
C. If the Contractor failures to achieve Substantial Completion in accordance with this
Agreement, City may exercise its rights under Paragraph F below and Article XIII of this Agreement, under
all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure
to achieve Substantial Completion in accordance with Paragraph B above.
D. Time is of the essence in the performance of the Work and any other Contractor
obligations under the Contract Documents. Contractor shall upon commencement of construction work daily
to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This
Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement
weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday,
holidays or days of impending inclement weather.
E. Promptly after the execution of this Agreement, and in any event before commencing
performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies
the dates on which Contractor plans to begin and complete various parts of the Work, including dates on
which information and approvals are required from City. Upon City's written approval of the schedule,
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an
updated, current schedule. Neither the original schedule nor any update shall exceed time limits current
under the Contract Documents.
F. In the event Administrator determines that performance of the Work is not progressing
as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be
finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to
any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the
Contract Documents and clearly indicates that all Work will be completed within the prescribed time.
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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 prepaze
and deliver its submittals to City in a manner consistent with the construction schedule and in such time and
sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples, product data, manufacturers' literature, or similaz 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 aze the Contract Documents:
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).
7. PREVAILING WAGE RATES (Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible
for Contractor to comply with all provisions of the Contract Documents, the Contract 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.
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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 dollaz value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the City representative designated in Article XII. In addition to the
amount of payment requested in the Application for Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested
payment and shall state the amount Contractor intends to pay each such subcontractor 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 I S days of its receipt of payment from City, Contractor shall pay all
subcontractors and suppliers to whom payment is owed from the amount paid to Contractor.
C. All payments under this Agreement shall be made only upon the approval of
Administrator. Administrator shall review each application for payment and certify for payment such
amounts as Administrator determines aze due Contractor. From the total amount certified, Administrator
shall withhold five percent as retainage until Substantial Completion of all the Work, as defined in Paragraph
F below. The City Treasurer, upon presentation of such certificate, shall prepaze 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. 2 0 0 7 - 5 8 .Payment shall be made to Contractor after the Board of
Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver
the check.
D. Neither Administrator's certificate nor payment made to Contractor shall constitute
acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance
with the Contract Documents.
E. With each Application, Contractor shall submit a signed certificate of receipt of prior
payments and release of claims and rights in connection with prior payments, in a form approved by City.
City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor
or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and
suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for
retainage) all debts for work performed or materials supplied included on any previous payment application
to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any
and all claims or rights in connection therewith.
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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 aze 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 further
obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for
final payment as claimed by Contractor. All claims not identified in the application for final payment aze
waived.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the
Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. If Contractor does not pay subcontractors or suppliers for labor and/or material
properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any
payments made to subcontractors and suppliers shall be chazged against the Contract Amount. This provision
shall not confer any right upon any subcontractor or supplier to seek payment directly from City.
ARTICLE VI
CHANGES/CLAIMS
A. City, without invalidating this Agreement, may at any time and without notice to any
surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
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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 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 fmal settlement of all matters
relating to the change in the Work that is the subject of the Change Order, including but not limited to all
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direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or
engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives
notice as provided for in Pazagraph F below.
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the five-day period,
it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any azchitects, 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
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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 "B+XI" in Best's Insurance Guide, latest edition. All insurance
shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each
policy providing general liability coverage shall provide contractual liability coverage for all indemnity
obligations of Contractor under the Contract Documents. Each policy providing general liability or
automobile liability coverage 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 one year after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors,
and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent
form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at
least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and
civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement,
water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or
material. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site
or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely
responsible for any deductible amounts. This insurance shall remain in effect until fmal payment has been
made to Contractor or until no person or entity other than City has an insurable interest in the property to be
covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and
their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks
covered by the property insurance provided for in this Paragraph D, except such rights as they may have to
the proceeds of the insurance.
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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 furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
ARTICLE VIII
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any azchitects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent
caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or
anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regazdless of
whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This
obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity
that would otherwise exist as to a party or person described in this Pazagraph A.
B. In claims against any person or entity indemnified under the preceding Pazagraph A by
an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or
for whose acts they may be liable, the indemnification obligation under Pazagraph A shall not be limited by a
limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a
subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit
acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents
from and against any claim, action or suit that may be brought against them for Contractor's infringement of
any Letters Patent in the performance of this Agreement or any breach or violation of trademazk or
proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and
expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged
infringement.
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ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company
or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the
awazd or making of this Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition, issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two yeazs after final payment to Contractor, Contractor shall maintain, in
accordance with generally accepted accounting principles, such records as aze necessary to substantiate that
all applications for payment hereunder were valid and properly chazgeable to City. For lump sum contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of
completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not
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 For Contractor:
Agreement
00300-12
i' i " °I r
David Blackburn Mark Linaweaver
City Administrator Assistant Vice President
City of Riverside, MO Linawr~avar Cnnctrnctinn_ TnC.
2950 NWViVlon 719E. ~`{ lm~n Dr~~~
Riverside, MO 64150 T a n n i n q., u~ F F n a 3
B. Any notice required by the Contract Documents to be given in writing or that either
City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving
notice. The notice shall be deemed to have been given when it is received at the address stated above for the
addressee or at such other address as the addressee may furnish the other party.
C. Contractor's designated representative shall be available to meet with City at any time
during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter
related to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT
A. If Contractor fails to comply, becomes unable to comply, or with reasonable
probability (as determined solely by City) will become unable to comply with any of Contractor's obligations
under the Contract Documents, including but not limited to (i) failure at any time to furnish sufficient labor
or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary
for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and
diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the
Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary
labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of 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
Agreement 00300-13
i
Contractor shall pay City the full amount of any excess of such total over the amount otherwise due
Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract Documents is
exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity,
but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be
enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve
Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract
Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to
pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed
as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for City's own convenience by giving written notice
to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent
directed by City, stop work and turn over to City or City's designee materials and equipment purchased for
the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the
Work as is actually performed as of the termination for convenience. City shall not be obligated to
Contractor for any further payment, including but not limited to prospective overhead or profit on
unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by
Contractor is determined later to have been improper, the termination automatically shall be converted to a
termination for City's convenience, and City's obligation to Contractor shall be limited to payment to
Contractor as provided in this Article XIV.
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project 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
Agreement 00300-14
i .~ ~ ..
amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement
from each subcontractor of any tier that employed any workers in connection with the Work during the
period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any
time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO 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.
The public street shall remain open to traffic at all times. Driveway access to adjacent property shall be
restored at the end of each working day.
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work in an azea, Contractor shall
clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus
materials. Contractor shall make provisions to minimize and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within 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.
Agreement
00300-15
T i " 'I r
ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perform all the Work.
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, caze, 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 yeaz from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
fmal certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required
by the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article XIX does not establish a period of limitation with respect to any
obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any
action for breach of such obligation.
ARTICLE XX
STORAGE OF MATERIALS AND EQUIPMENT
Only materials and equipment that aze 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 precaufions
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.
Agreement 00300-16
T i " 'I r
B. Contractor shall give notices and comply strictly with applicable laws, ordinances,
rules, regulations, orders, and the like bearing on safety of persons or property or their protection from
damage, injury, or loss.
C. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or
take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City
may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall
make no claim for damages, for an increase in the Contract Amount, or for a change in the time for
performance of the Work based on Contractor's compliance with City's reasonable request.
ARTICLE XXII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in
the Contract Documents, or between any Contract Document and actual field conditions, and City shall
resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXIV
BONDS
Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to
Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement,
or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall
guarantee and secure Contractor's proper performance and completion of the Work, and performance of all
of Contractor's obligations and duties under the Contract Documents, including, without limitation, all
warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment,
and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is
included in the Contract Amount.
ARTICLE XXV
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXVI
NO PRESUMPTION AGAINST THE DRAFTER
Agreement 00300-17
T i 't r
No presumption or inference against City shall be made because of City's prepazation of this
Agreement or other Contract Documents.
ARTICLE XXVII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or
the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first
try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party
its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXVIII
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXIX
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties
with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, aze 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.
Agreement
00300-18
r~
THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by
City and Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY OF RIVERSIDE
By:
YOR
ATTES
CLERK
Agreement
L//1/r¢lt~Eis~I~E,P CD,I/~l,~~j il/~.L~~.
By:
(Signature)
Printed Name: ~/< L/~f//¢/{/G=i¢~.Q~
Title:/S~AYIjl"!/!~~ ~/~'ES/DE/f/T-
00300-19
t i " 'f ~ r
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
All Work necessary to construct Merrimac Drainage Improvements 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 consists of placing a storm sewer and structures beginning north of the
driveway for 4915 Merrimac and continuing until it daylights south of the driveway for 4909
Merrimac. The project includes tree removal and removal of the culvert under the driveway for 4909
Merrimac. All disturbed areas will be brought back to their original condition, including sodding of
the grassed areas and replacement of the gravel driveway for 4909 Merrimac.
Agreement -Exhibit A
Page - 1
i~ i 'I ~ r
EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
"Merrimac Drainage Improvements Specifications: (Divisions 1 through 3 of the Project Manual) dated June
7, 2007 including appendices, addenda, and all other documents and specifications referenced therein.
The Drawings governing the Work are as follows; cover sheet dated June 7, 2007:
Sheet Description
Sheet No.
ITLE SHEET I
STORM SEWER PLAN & PROFILE 2
STORM SEWER DETAILS 3
Agreement -Exhibit B
Page - I
i'
w
EXI•IIBIT C -PERFORMANCE BOND
bond no. moc46202
FOR THE FAITHF[JL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
June te, , 2007, designated Ordinance No. 200-58 in every
Liaaweaver Construction, Iao. as Principal, and
particular,
Merghents Bonding Company (Mutual) as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
M1sSOUrl,1n the penal SllIIl Of ($81,990.00*) Eighty one thousand nine hundred ninety & no/OODollars*
lawful money of the United States, conditioned that in the event Principal shall faithfully and
properly complete the Work required by the Contract Documents described in the Agreement
and perform all of its 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 Contrast Documents or to the Work to be performed thereunder shall in any way aff~ 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
Page 1
Agreement - Exhibit C
.,
I3Daweaver Construction, Inc.
B>~C~ ADD
Printed
Title:
Date:
Merchants Bonding Company (Mutual)
SURETY/~~
By:
(signature)
Printed Name: David S. Salavitch
Title: attorney in fact
Date: .iuna s~, soon
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Agreemeirt - Exlribit C
Page-2
.-
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
David S. Salavitch
of Lee's Summit and State of Missouri its true and lawful Attorney-in-Fad, with full power
and authodty hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorzed officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the ads of
said Attorney-in-Fad, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, conVacts of indemnity and other wdtings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certificetion thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 16th day of January, 2006.
STATE OF IOWA
COUNTY OF POLK ss.
.••--•.
G
.• O\N Cp,~•.
•O~• (\PO 'Oy•.
:3
6'• 1933 ; ti ;
••......
MERCHANTS BONDING COMPANY (MUTUAL)
,~7~
President
On this 16th day of January, 2006, before me appeared Lany Taylor, to me personally known, who being by me duly swam did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporetion described in the foregoing insbument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporetion and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Offical Seal at the City of Des Moines, Iowa, the day and year first
above written.
STATE OF IOWA
COUNTY OF POLK ss.
C My Ca misfslon Expi~res~ ~ ~/
March 16, 2008 NoteryPublic, Polk County, lows
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a We and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 27th day of June ~ 2007
POA 0001 (1/06)
~.....~
; O; 'RPOq' 9 .
.~:r rte;
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y 1933 : e'
• kj •CY:
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• •'~~a:
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•••.....
~~~~ ~~~
Secretary
T" C
..
Bond No. moc462o2 EXIiIBIT D -PAYMENT BOND
Li naweaver Construction Inc. and the CTTY OF RIVERSIDE, MISSOURI, have
entered into an Agreement dated June 19 2007, designated
Ordinance No. 2oo~-sa
Liaaweavar Construction, Inc.
as Principal, and
Merchants Bonding Company (Mutual) as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Eighty one thousand nine hundred
M1S3our1, II1 the penal gum Of($81,990.00*) .ninety & no/OODollars* lawful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
Department of Labor and Industrial Relations of Missouri or by final judicial determination
pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all
amounts due for material, machinery, equipment and tools, consumed or used in connection with
the construction of such Work, and all insurance premiums, workers' compensation, and all other
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechanic,, or other interested party, in the name of the City of Riverside, to the
use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Work to be performed thereunder shall in any wise affect its obligation on
Agreement -Exhibit D
i'
Page 1
r ..
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.
Linaweaver Construction, Inc.
PRINC
sy:
Printed
Title:
Date:
Merchants Bonding Company (Mutual)
SIJREI'Y/%G?' ~
By: %/~j
(Signatlue)
PrintedName:Dav;d S. Salavitch
Title: attorney in fart
Date: June 27, 2007
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Agreement -Exhibit D
Page-2
- - T. f .~ .. ~ t ..
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its princpal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
David S. Salavitch
of Lee's Summit and State of Missouri its true and lawful Attomey-in-Fad, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behaH as surety any
and all bonds, undertakings, recegnizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
TWO MILLION FIVE HUNDRED TIIOUSAND ($2,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the ads of
said Attomey-in-Fad, pursuant to the authority herein given, are hereby ratified and conflrtned.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 -The Chairman of the Board or President or any ~ce President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manualry faced.
In WMess Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 16th day of January, 2006.
. •_:nR r
STATE OF IOWA
COUNTY OF POLK ss.
:ry-:? _o_ ~;
~_: o.
y, 1933 ,
. Jd~~ C
• ~ {7
'•......
MERCHANTS BONDING COMPANY (MUTUAL)
"7 7.~
President
On this 16th day of January, 2006, before me appeared Lany Taylor, to me personally known, who being by me duly swum did say that
he is President ct the MERCHANTS BONDING COMPANY (MUTUAL), the cerpore0on described in the foregoing instrument, and that the
Seal affixed to the said insWment is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Offldal Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTH ~/~,~~
Commission Number 175604 WWW~~~~_ V%/
My Commission Expires
March 16, 2008 Notery Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by sold MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 27th day of June ~ 2007
POA 0001 (1/06)
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' a ~ 1933
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Secretary
EXHIBIT E -ITEMIZED PROPOSAL
MERRIMAC DRAINAGE IMPROVEMENTS 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 and complete
all work stipulated in, required by, and in conformity with the proposed Contract Documents
(including all documents referred to therein) and any and all addenda thereto, for and in
consideration of the price of E/fa~/Ti~iS.~liP Tf~Od.Sif:'1/D f4G~Pfi~l/if/,DiP~% ~rti
yir//~rf~OGx~s~l~Dy c tiT5 dollars ($ ~~ ~lQ. °D )
for Bid Item Numbers 1 through 19.
The Contract Amount is subject to fmal determination 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, aze not guaranteed, and are solely for the purpose of comparing
bids and determining an initial Contract Amount. Unless otherwise noted in Divisions 1 and
2: 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.
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 declazes that it is of lawful age and executed the
accompanying bid on behalf of the bidder therein named, and that it had lawful authority 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 pazceling 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 fmancial interest with bidder in said bid or bids, until after sealed bid
or bids aze opened.
3. The undersigned further declazes 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
regazding the same.
4. The undersigned hereby agrees to furnish the required bonds and insurance certificates and
execute an Agreement within ten (10) calendar days from and after the Notice to Proceed for
the Contract, and failure of the bidder to do so shall constitute a default, and the City may
thereafter take such steps to protect its legal rights as it deems in its best interest, including,
but not limited to, enforcement of its rights as to bid security.
Agreement - Exhibit E Page 1
i .i r
5. Undersigned acknowledges receipt of the Plans and Specifications for the project including
the following addenda (complete)
~/~ ~~ ~'~ -67
Enclosed is a certified check, cashier's check or bid bond in the amount of
DOLLARS ($ ~~ Q~ ~3~f) )which the undersigned agrees is subject
to being forfeited to and becoming the property 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 awazded 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 L ~/S/~/(' ~S this Z~day of ~/J/~ , 2007.
Cont~^rac//tor
G~tIC.- `
Title I
(SEAL) l ~Fjr/G',~'4j/f~~~~
tte a Title
Address ~(,~ f j
~/3 3.S/ 3r'7f~
Telephone Num- b~
Agreement - Exhibit E Page-2
t ,i r ..
ITEMIZED PROPOSAL
ITE
NO. BID ITEM DESCRIPTION EST.
TY. iJNIT iJNIT
PRICE PRICE
EXTENSION
1 onstruction Surve and Stakin 1 LS .SLYJ. ~
2 obilization 1 LS ° ~
3 mbankment fill 730 CY °O
4 'X4' Field Inlet W. Conc. A ron 1 EA ~
,
5 'X4' FIELD INLET ROVIDED BY CITY 1 EA $0 $0
6 4" HDPE Pie 133 LF ~~ ° ~
7 4" HDPE within Exist. 48" CMP 60 LF ~ S~ °6
8 0" HDPE Pie 20 LF o ° _~L'!~
9 8" CMP Bulkhead 2 EA °O ~
10 8" RCP Class III 87 LF ~ 3 Q,~ `~'
11 8" RCP End Section 1 EA °~
~
12 loveable Fill 21 CY °O ,3
'd
13 einforcin Mat 28 SY ° ~
~
14 Scour Sto 15 EA .3Gf0. oO
15 ree and Pi a Removal 1 LS ~ °O
16 avel Drivewa Re lacement 1 LS / De ad
17 Soddin 2000 SY ~~°O /~
18 Connection to Existin Pie 1 EA $Q ~ o? oD
19 Clearin and Grubbin 1 LS °O ~ , oO
OTAL BID
Agreement - Exhibit E Page-3
EXHIBIT F -PREVAILING WAGE RATES
A. ~ecial Wage Determination: Prevailing hourly rates of wages follow, as determined by
the Division of Labor Standards, Jefferson City, Missouri.
Agreement - Exhibit F Page 1
Missouri
Division of Labor Standards
WAGE AND HOUR. SECTION
MATT BLUNT, Governor
Annual Wage Order No. 14
Section 083
PLATTE COUNT'S
In accordance with Section 290.262 RSMo 2000, within thirty (30) days at3er a certified copy of this
Annual Wage Order has been Sled with the Secretary of State as indicated below, any person who tray
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 BS102-0599. Such objections must
set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been
famished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 6S 102-0449 pursuant to
8 CSR 20-S.O10(l). A certified copy of the Annual' Wage Order has been filed with the Secretary of
State of Missouri.
Origit 1 Sig~Led bL
Allen B. Diilimgham, Director
Division of Labor Standards
This is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9.2007
Last Date Objections May Be Filed: nrII 9. , 007
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for
PLATTE County
8ecdon 033
OCCUPATIONAL TITLE Date of
Increase Hourly
Rates, Ttma
Sdtedute Holiday
Sdtedu[e Total Fringe Benefits
toe Worker .14 52 • 53 20.23
Boilermaker .20 87 7 17.90
Bdckla rs-Stone Mason .30 58 39 11A2
Ca enter 1.30 83 88 10.03
Cement Mason 4.17 85 4 15.77
ElacMolan lnatde VlRreman 0.73 13 72 13. 6 + 10°k
Communication echniclen USE F1.EC TR1 IAN INSIt)E W IREMA RATE
Elevator Constmcfor a 855 ~ 84 518.065
O ratin E Weer
Grou 1 9.11 88 4 11.37
Grou Il 8 B5 4 11.37
Grou [N .76 8b 4 11.37
Grou t11,A 98 85 4 11.37
IV
Grou V $24.36 86 4 11.37
P[ a Fitter 94 2 39 15.67
GEazler 6.00 FED .30
Laborer Buildi
General .45 30 4 10.07
First Semi-Skilled .86 30 4 510.07
Second Semi-S(~led 3.25 30 4 10.07
L.agrer USE CAR P LATER R ATE
Uno{eum er & Cutter 9.24 48 87 .73
Marble Mason $29.38 25 4 .49
M{Ilwrf ht USE CAR PENTER R ATE
Iron Worker .10 50 4 $19.10
Painter .20 37 4 1!
Plasterer 3.72 88 4 15.24
P{umber $31.48 48 33 18:72
Pile Driver USE CAR PENTER R ATE
Roofer 8.50 98 2 10.54
Sheet Metal Vllorioar $35.00 17 22 13.34
S nkler Fitter 10 14 4 286
Terrezzo Worker 9.38 25 4 $9.49
The Setter 9.38 25 4 9.49
Truok Driver-Teamster
Grou 1 $28,04 100 4 .07
Grou 11 .04 100 4 .07
Grou ill $28.2+1 100 4 9.07
Grou IV 28.24 100 4 907
Traffic Contra! Service Driver ' 15.35 48 48 .71
Welders-A lane & Electric
Fringe Benefit Percentage is of the Basic Hourly Rate
AUention Worlcera: If you are rwt being paid the appropriate wage rate and fringe benefits oomact Bis DN~lon
of Labor Standards at (573j 751-3403,
'SEE FOOTNOTE PAQE ANNUA! WAGE ORDER W0.14 3~7
Buihting Constiucflon Rates for Secflon 083
PLATTi= County Footnotes
e c var-
000UPATIOPIAL TITLE Date o€ Houry Time Holiday Totai Fringe Beneflta
Increase Rates Scheduta S~tedule
• VHaldere receive rate prescribed for the occupational tide performing operedon to whirdt weiding Id Ir-cldental.
Use Buliding Conalnrcdon Rates on Building(s) and AU immediate Attachments. Uae Heavy Conetructlon
rafea for remainder of protect Far the occupational tides not Hated in Heavy Construction Shoats, use Rates shovm
on Building Conatraction Rate Sheet.
a -Vacation: Employees over 8 years - 8%, under 6 years - B%
ANNUAL WACi6 ORDER N0.14
307
i. i .~ r ..
PLATTE COUNTY
OVERTiM14SGSBAULE~ BUILDING CONBTRUCTiON
lf&D: Mirdmum requirernettt per Fair Labor Standards Aot means time and one-half (1 ~i4) shall be pa[d for all work in eeccess
of ibrty (40) hours par workweek.
NO.2: Means the nrmdnsum ofaight (8) boars shall oonsdhrta a asy's.vark beginning at 8:00 am, to 12:00 noary 1230 pan. ffi
430 pan. The mmdmrmr wank week shalt ba forty (4oj hens beghmtng Monday at 8:0o ant. sari ending Friday at 430 pm.
Because oftraffio, parking or other alrgtmatmroas, the hours ofwork on a~ proje~ may be anY caartinuous 854 boors parlod (8
hours of work plus 30 minutes tar hutch) between 7s70 ann. and 4:30 p.m. What clrcumetances warrant and vdtar It h muatafly
beneflclet and agreed to, the maq iosritate a work weds cxtnsistlug of #brrr (4) conseaurive tar (10) hour days, betwear
ffie hoots of 7:00 ann. and 6:00 pan. Momiely through Thursday, wlQt oao-half (54) hoar el[ovred ftx a [ranch period eadr day.
Frldgy,may ba used ~ a makeup day. After ten (t0) betas hr a workday. or forty (40) Fronts In a vvorkvredc, overtime shall be
paid at crate of aua and one-half(1'/a) times the regular taro ofpay. OveaHrae perffirmed Monday through Salmday shell be paid
at therate of one mrdonehatfp'fa) tirnee the regularrate ofpay. Sundays end recognized hotklays shall ba paid et the double (2)
time rate of pay. Labo< )lay shell bo paid ~ trlpla (3) lima Shift worts may be perfomred e< tiro option of the Corttratxor.
However,whenmrorshittworkispertbrmeditmustooveaaperiodnot[essB~anC~~ardvevrortdegdays. The dayaMRsben
worts a regular eight (8) bows shift es outNnod above. tlmpioyees worklog a secard shift shalt naoetve an add{rionai 50.25 above
the regular hourly rein and perform seven and ono-half (754) hours work for eight (8) hours pay. 17ilid drift employear shell 60
paid an addhtoaal S8.50 abovetha regular hourly rate and wank seven ('!) hours For dght(~ hours pay. in the evert e1hBt shift is
not required, a serwrtd and ffiird shift employee shall rxeiva as addltlcnmi 1596 of the base rate sad receive pay for actaal borers
worked.
N0.13s lvlama a regular workday shall consist of fight (8) hours behwxrr 8.{10 can. and 4.30 pan. Forty (40) hours, within five
{5) days -- luforuiey through Friday hrdusiva - shalt t:arstitute >>re regular vvorkvreelr. The tlnrptoyer may alter the above stated
hours by two (2) home fist an early slurring and quitting three only. not tb accred eight (8) hours of work In say are day. The
employer rosy ir~tttuoo awarkwcdc conststhrg of8ow (4) ooasecottva tan (10) hour days betwcar the bows of 7:00 ann. and 6:00
p.m., Monday through Thurgdey. Friday mspr ba used ae s makeup day. Attec ten (i0) bows in awarkday, or forty (40) hours ht
a wodcweek, overtime shall be paW at a taro of one and care-half (154) times the regular rate of pay. '1'ha 11rst feu (4) hours of
overtinm aftatho nomtat workday, each day Monday throughFrlday and the Snrttar (10) haul ofoverrima on Sapndays shall. be
paid fbr at one and oue~half (154} threes the regular straight time rate of pay. All other work per8omted outside of Qu regulwly
schedaled workhtg bows and outside of tiro first ten (1Q) lutwa wortced on tlaturdaya shall be paid for at double (2) the reguhv
straight ihrta rata of pay. Sundays and the recognized holidays shall ba paki for at double (2) the regalaz shaightrime rats ofpay,
if worked. Shift wok performcd between the hours of 4:30 pm. and 12:30 a.m. (seooud shift) ahatl 6e paid at eight (8) hours pay
attha tcgularhowly ratephtsteu (1896) petrowttfor seven and onehelf(7!4) hours work. Shiftwork petibmtiad belweenfho hours
of 12:30 am. ernl 8:00 ern. (third shift) shall bepaid at eight ($)horus pay at theregrdarhowty rateplusfsfterxi{1596) pa+ceart for
seveer (7) hours work A lunch period ofthhty (30) mfautes drab be agowed rut each shift. All overrttme wok required after ffie
oompletlon ad's regularshiftehall he paid at ate and atodtalf(154)tirnw ihe~ifthourlynata.
N0.14: Means eight (8) hours per day strait constitute a day's work 'the regular starring rims shall be 8:00 a.m, and the regrdar
gaitting lima shall bo 430 pm.; lunch lima dtail bo twelve (12) o'clock noon 1;b 12:30 pm. Tito regular 8 time may, by
rrmteal consent of ontployoea on ffie job sits, and the anployer, ba between 7:00 e.m. and 9:00 can, with appropriate adjostmeata
merle to the regular quittleg lima and [unfit thna All time worked 6effiro the reguhrc starring three and niter the regular quilting
time, Moralay through Friday, shall bepaid at ffio taro oftimeareaon~-half (1 ~S). All work commencing with ffia bagtnniog oftha
established workday on Satwday shall be paid at therata oftlme andono-half (154). All work commencing with thabeghtning of
lira established work day on Sundays andiorHolidgya sbaUbepald at the rate ofdouble (2) time.
ANNUAL WAGE ORDEit N0.14
Aw14 083 OT.doc Fago 1 of6 Pages
PLATTE COUNTY
OVERTIME SCHEDULE • IiUII.DING CONSTRUCTION
N0.17: Means the regnlarworldagday shall ocrosist of fight (8) hours of labor between eight (8) a m. and 8ve (S) pm. and~e
ngatarwoik week shall oongist efflve (S) coosecafiva dght(8) boat days oftabor beginnhrg an Monday and endlsgwiffi Friday
of each weak. All ihll~ime or patbtime lobar perlbmud during such hours shalt bd recogalzdd as r+~ttar workh-g boars and
paid for at the regular hou-iyr lade. 13kcapt as otherwise provided, all work performed outside ofregutar working hours dmiog the
regular wade week, shalt bd as double (2) times ihd regular rata. When dncumsterrcm warrant and when it is mutually bme8cial
and agreed to by hrtares6dd parties, ffia Bmployer may ingihtle a work week 8 of four (a) oossecruivetan (10) hour daq~s,
betvreeat the hours ofs& (~ am. and flue (S) pm., Monday ffirough Thuradap. Friday may be used as a tnalre-ap day. 17ausaloo-~
up day wUi 6avoluMary, sad a deoisiannot to work may notba held agaLtatffie employed. Whenwoffitug ibtu (a) ten (10) Lour
days overtiate wiu bo pats atthe timd and one-hatf(1'~, } rate fbr ffie deveaffi (lls7 and twdflh (12'g hour, di otherwarkwlll bs
paid at the double (2) time robe ofpay. The &attwa (2) hours of overtime, Monday thrpugh Fddt4Y, sad tlta Brat eight (8) Lours
an Sepuday shaUbaattima and ono-half(lYs) Sot a4 work. An other ovatlmd flrallbD~ dwride (2) lima Theticsttwo (2) hours
of overtimemast be aondutrm¢wllhtlraregularwarlydgy,fiva(2) hours motor to or 8cilowingthe r+egalarwork dayara atth:m and
orte~ltalf (1'Fs}. The regnlar warladay (as previously defined) on Smurday is paid at time and one-Calf (1'h}. Weir performed
outside oP the mgislar Saturday work day is at daulrk (2) time. AI[ work performed an recogdud holldaya, ce days locally
obseaved as sudr, and stuulays shall be paid attha dorffite (2>ttmd rate ofpay. '17u atartiagtime mqy be vaddd by and (1) hour.
NO 2s: Means regular workGtg irottrs of eight (s1 hours shoo constitute a workhtg day between Are hours of 8:~ am, to 4:30
pm. la a fbrly (40) !roar working week of Monday thro:rgjr Friday. Fanployment on Saturday, Sunday sad legal holldaye, and
employment txfom ~ after the regular worktag luaus shall be considered overtime. Emptoyme~ on SaUtrday> Smrday sad legal
holidays a>arll be paid fbr at twke (~ ffia regular hauly rata Employment Born 4:30 pm. ffi 12:00 uddoight, Monday tbrortglr
Friday, shall be paid Snr at doe and one-half (i'r4) twesffia rtgu[ar hourly rata Fran 12:00 midsightuntll 8;00 am. an any day
shalt 6e paid for etiwioe (~ ffia regatar hourU'rate.
N0, 26: Means that the regular working dap shall consist of fight {8) houre wodred 6etwden 6:00 am., and 5:00 p.m., frva (S)
days per weelr, Monday to Friday, ineltrslve. Boma ofwork at each jobstbe shell ba those establtahed by the gatatd contractor and
worked by Ere majority of trades. (19re abovo wotidng Lours may bo changed by muhart agreevreat?. Wash paftKmed an
Consln:cdon Work an Satw:days, Sundays and beffim and ater the regatar wanking day an Monday to Friday, indesivq shall be
dasaitied as overtime, and paid for at double (2) the ramofaingle three. Thd mtpkyer may establish tmursworked on a jobsibe for
a four (a) tea (10) hoar day workweek at spaighttimepay for oonthuctton work; the raguiar working day stall consist aften(10)
hours worked consecudvety, between 6:00 am. and 6:00 pm., four(s) days perweek, Momtayto Thursday, iaohtsiva Ar0+ work
peribmied anFriday, Saturday, Sunday srxi holldaye, aodbefore sad atkx the rdgu[ar working day on1VlOnday to'Ilrursday whew
a four {a) ten (1~ hour day workweek has been established, wlli ba paid d two limas (2) ffie aingid flrte rsto of pay. The told of
pay for all work perSormed on holidays snail beat two times (2) the shtgie thn4rabe ofpay.
N0.30: Means Monday through Sunday shalt oonstltute the wait wdalG Reguiar sta<tlng limo stall 6e 8:00 A.M., erroept when
the work week 1s achedutal as a wddc whh stating lima advanced or delayed. Starting time may ba advanced or delayed by the
employer vp ro two (2) hours flmn ffie regular atmdrrg lima Eight (8) Lowe shalt constlhtte the work day. All work perfomrdd
prior to or diet rho ragulm~ fight (8) hour work day, as described abovq and alt work pcelb:mod an Sshuday snail ba paid at lime
and one-half (114) ffie regular rata. to the avert ffid a schodaled fight (8) Lour work day is missed (not !n include holidays)
bacamo of events out oPthe control of the ocmtraotor, than that missed wok day may be made up at straight time the following
Saturcay. It is rocogsized ffiat not all employers waaking ast a Sattrday make-up day will Lave worked ffio same mmr6~ ofhrnus
during the regular wok week. It i9 9nthdrrocogdzedthatsoyworkafterthe Sony (40) Lours in a weekmust be paid at time and
ottehalf (lh). Saturday Waded-up day shell not be usdd to maid up for time lost duo to recogpized holidays. Thd employer may
astabllsh a 4.10's schedule oa projegs (4 days whh 10 hours per day), [fusir~ a410's schedutq a FtWgy mabe•up day is allowed.
IPusing a4 (10) schedule, any work mars ihantea (1~ houre in any or forty (a0) bouts imt awadrweek shell6e paid dffie limo
sad one-half (i45) mto. Frulay mek~o-np d~yr aha[t riot be used to make up for timd teat doe ro reoogniud Lolidsga All work
per&umed on Sundays or holidays shall ba paid atffiadoubla (2) time rata
NO 37t The Bmployee may chooaq at his disctetlon, bo work five fight hour days or four ten hour days with a Friday make~sp
day, Monday throughFrldayatstraigbttima over8meshalibepaidafterdgbt(8)hottrswhrnwmkang"flvodgWs"andaflcetest
hours when world:tg "true kna". All work perfomted on Sundays and reoogai7ied holidays shall 6d paid fk:r at the told of datbio
(2)tlma All Saturday work shall bepatd ibr stthd rate ofthne and onehaif(1'!s)ffie reguiarwagerata All nightwork duringthe
regular work week other then the above•m~at days shall be paid Sot d the rate of th:re and area-Calf (114) the regular wage
scale and! midnight and doubts (2}titre aftermidni~rtexodptmakanptime wlll bdallowed u~rx the SotlowingoaadWon: lathe
evert of inclement weaffier err exbedor projects wh[ch prevents working ffie ftdl regular eiglrt (8) hour day, Katy (40) hour work
week schedrde, a sahsdaymake-up day can be grankd That acid worir on satu-visy shall ba pain at ttre straight time tabs of pay
upto amaximmn total offorty (40)hours perweek.
ANNUAL WAGIt ORD$RNO.14
AWt4 a830T.doo Fege2 of 61'aaer
PLATT& COUNTY
OVERTlt1t~ SG~DIII.E - B1lTGDING CONSTRIUCFION
NO.45: Moans eight (8) howl shell constipate a day's work, beghuthtg at 8:00 a.m. and eadtng at 4',30 pm. Tha regular work
wade shalt ba forty (40) taouas, 6agianin8 Matday, 8:00 em. and ead[ng at 4:30 pm. Friday. Because oftratliq paridng end odaor
~roumstanoes, rho haws ofwork on my proJeet may begin as early as 6:00 em. with eight (8) hours wo-tCed betweat 8:40 am
and 4:30 pm. When dreumsfe~es wanaat and when It is muluagy benaHclal and agreed to, the anployar may htsdbate a work
week coasisttng of>i~ (4) aonseeudve fat (f0) hour dgrs, between the hours of 7~0 sm. and 5:00 pm., Monday through
ThuredAy. Frlday.nas}r ba used as a makeup day. Attar tae (14) haute to a waric~y, or fhtly (40) hours in a workweek, overtime
shall be paid at a rata of one and anahatf(1'h) dais the regular mte of pqy. Atl overtime Matday through sataatday shall ba paid
at the taro of Liam and aato-half (!i~ tha regular rata of pay. Sunday and recognized 1u>lldaya shall he paid at double (2) lima.
Labor Day shall be paid at idpfe (3) tiara Shift wodc rosy ba perfoamed attha optlast afthe t;ontractor: However, whenevor shin
work is porfomaed itmust oevera period not hue than (3} oomaaulva working days Tho say shift shalt work a regular aIg6t {8)
bouts shift as outSned above 'The hourly rata for second ab[ft (sovat and ono-half hours worked fbr otght hours paW) shall 6e
twenty-live cenLv (50.25) ovar and above the howly rata The heurly taro fbr third shift (savor Naas woatrod, eight hours paid)
shell be sfly carts iS0.s0) above the hoarly rata if am liter shift is warkcd, saootad snd ihhd alalR employees slreu recatva an
addidonat iit~en percent (15~ over and above the hourly rate fttr actual boars wodced.
NO 46: Means the regularwork day shall ba efght(8) hours 1tan6:40 a.m. to 6:30 pm. Sdudaagtime may ba bdwaen 6:40 s.m.
and 10:00 a.m. The regular work wok strait be ~'4' (40) liouw, heginniug between 6:00 a.m. and 10:00 a.m. on Monday and
aading betweat 2:30 pm. and 6:30 pm, on lhid~. All hottts is access of the regular work day ~d work week Snell be
oous[dertxl owxdme. Overtimeon days reoogaiaod as regular wark~ and on Saturday shalt be paid for at doe tabs ofdme and
onehatf (1 S4) the regular rate. Sunday lord rocwBoiDed ltoltdays shall bo paid flat at the rate of double tune (2} far time worked.
Tice T3mployer may establish a work we~c conalsthag of font (4} days, Monday through TMasday, each day oonsiating of ten (14)
houre atstraight time rate ofpay. The 414's mustrua RrraPalod ofat least lbw (4) days.
N0. 48: Means the ngarlarty sdaeduied work week s[aall be 8vo (S) consecutive days, Monday fhrwagh Friday m Tuesday
ilaaaagh Saturday. Sight {8) hours shall constitute a day's work. Stetting thus shall not ba earlier than 7:00 a.m. nor hates they
10:00 8.m. Forty (40) boars shall e0mttpat0 a week's work Overtime at rho taro of time and ono-half (1 Y) witi be paid ibr all
work in eroxss of lbriy {40) tours la easy one work week. On tite Monday throvgis Friday sclteduie, ail work performed on
Sapuday will ba time and one•ha1P{iv:) unless time has beat lost tinting rho week, in which case Sahuday wm be a make np day
to the erctaat oftbe lost time. Ott tha'ltresday through Sat+gday schahti0. all work perttamed cat M~SY will be time and one
half (1'~a unless dsue has been last durhtg the week, in which case Monday will be a mak+o-tap day to the assert oYthe lost lima.
Arq~ work per&matad on Sunday wi4 ba doable (2) time. [f employees work on atp~ of the recognized holidays, they shalt be paid
thne seed one•haif(lYx) ~'regularrate ofpay far allhours worked.
NO. S0: Mesas eight (g) hours caastitute a normal day's wok Monday tluouglt Friday. Aay tlvm worlwd ovw eight (8) bolus
will r:oraaal[y ba paid at thna and one-half (lei e:co~t 1br esxlastaaas stated ht some fbllaaring addidaned senbeuees. The
Traaaployer, at his discretion, may start the workday laatvreeu 6:00 am. and 9410 a.m. Anv adaedute chosen shall be ataatad at the
beginning ofthewodcweek(Maaday) aadused fnr atleast flvedays. Work tansy ba scheduled on afoot (4) days aweek (Monday
datoagh Thursday) at pat (14} Howe a day scltodula, if such a schedule is anph>yed, they Friday may ba used as a mako-up day
what time is lost duo to inclearraat weather. Tlete and one-hedf(li4} shall be paid ibr any wodc in access of eight (8) laaaa lQ any
r~ular wank say Moatday through Friday unless woa9dng 410's, tiaat time and one-half (1'r~ alter tar (i4) hours. All work
pceGarmed on Sapuday will ba time and onefiaif (lti4). Doable (2) hate shalt bo Patti for all work on Sundays and nocogtalzed
holidays.
ANNiTAL'9VAGE ORDER N0.14
AW14 0b3 O't'.doo Fade 3 of6l~agoe
PLATTE COUNTY
OVBRTt1HE SCH&DULE - BUII,DIIVG CONSTRUCTION
NO SZ: Moms the regular workweek shall consist of Sve (S) eight (8) hour days, Monday through Friday. The regular wcr[aday
shall consist of a night (8) hour period, to be worked 6etweat the egreod upon simting time, and ending rw later than a:30 p.m.
The agroat upon starring time shall ba any time between the hoots of1k00 am. e~ 8:00 am. The option exist for the employes
to use a ibur (4) day, ka (t~ hour wodrwook Days worked shall bo Monday thtugh Thursday or Tuesdaythrough Friday. ]f
the job requiros m~ on date all t3vo (S) days, then partofUte crew map workthet3rst lhtu (4) days andtheremainder oftha crew
may workthe test four (a) days. Pintas eacitdayy abaft be lium7:00 a.m. to 5:30 est. tntorestad party's on the project must agree
th this olause before it tray ba used. Once this clause rum heal put into eiiitct, it shall reanain as long aq the m~{ortty of the
Employoes ~ the project and rho i3mplooyer agree to ketl- it The ibur (4) day clause shall not be used to drawtvent a Holiday.
Except ~ otttetwLge provided, ell wank peribrmed otdaide the regular wottinghours and petfotmed daring the regaLr work week
(Monday through Prlday) shalt be atthe dbttowingtalea ofpay:
ifIot dews-Now Year's Da<y, iviwnorlal bay, Independmoe Ds~y. Tha~sics8iving DaY, t~uistmsa Day (or days obs~vea as
such) shallbareoogniaed as Holidays that studl6e paid at two (~ times Uwe regular rate of pay.
I.a6m Dav~Io work s~ ire perlixmed ~ E.ebosDay wcapE in special ca4m ofeme~gency. ltetsa&pay shall be at threo
(3) limas the regular rata of pay.
Wcair pertbmtaf outside ofthe regularwork say (the reguirwork day shall aormiet ofan edgiU (8) hour period,
to be woriced betvreea the agreed upon starring thus and endhtg not later than a:30 p.m. The ~reod upon stating time shall be
any time between the houro of6:00 aaa. sari 8:00 am., by muluai consent of the interested party's.), dta116a
A. Hours worked Monday ibrough Friday, the first two (2) hours of ovetUmte will 5e paid at time and one~6nlf (1'A).
Ail otherovwtimewill bepaid atthe double (T) time rate.
ti. The first ten {10) bolus worked on Saturday will b0 paid at time and onadtatf (th~i , with all other hours tb be paid at
the double (2) titnerato.
C. Sundays andFlolktays (exceptI.abor bey) shat{ bepafd attlmdonble (~ flmo rate.
NO.57t Menus eigtrt($) hours per day shall oonst[late aday's wadtand 8oriy (90) hours perweelr, Monday ihmugh Friday, shell
constitute a week's work. The regatta staritag limo shall be 8:00 a.m. 'fin above may fie dwngod by mutual consent of
authorized personnel When ch+ewnstences warrant, the Employer may change the regular workweek to feu (4) ten-hour days at
the regular ante zath of pay. it being understood that sit other perdneat iufnm~aUon must lxi adjusted accardingty. Alt time
worked before and aitertha established workday of eight (8) htxrra, Monday through Friday, all time worked on Saturday, shall [a
paid at the rata of lima end ono-balf (1'r4) except incases whew work is part of tut employoo's regular Friday ehilt. All time
washed on Sunny aadrecxsgttized fto3idaps shalt be paid at the double (2) three rate ofpay.
N0.58: Means eight (8) consecutive hours, between 6:00 a.m. sad 530 pm., shalt consdtu6o a days work Five (S) days work,
Monday through Friday, abaci cansthute s normal work week. Work perlbrmed in excess of eight (8) tuntrs px day or eight hours
beyond for that project aeotudiag hmgh Monday thmagh Friday. and alt work p~Pomted ou Saturday, s5ai1
fie paid fbr Uw cede ofthne and oao-half (i'h). what Sandays and recognized holidays are worked, tho worker(s) shatl be paid at
the sate ofdouble (2) time. Work maybe scheduled on a ti>tu (a) days aweek (Monday hough Thursday) at ten (10) hours a day
schedule at straighttima AFtiday r~Ce-up day is available ifthneislostdneto htolementweether and atleastahrtoea (16) hours,
Inttnotmore thanthhty (30) hours, was worked dta~tngtheweeB.
NO.63t Mean eight (8) hours shall cot~tituto the regular work day between rime that may be advanced or delayed by hvo (2)
hours on eitltea side of 8:00 AM. The Employer may estabiLah a work weak consisting of four (4) days, Monday through
Thursday, each day consisting of ten (10) hours straigiu lima The four (a) bens (l0a) moat trm for a period of et beat four (4)
days, Monday through Ttatrsday. All work on Friday on a ibur (4) rasa (10) pps~aojaot will ba pa[d at the rate ofthree sod oae~haif
(l Y~ All work perfixmed on Saturday shall be paid at time and onafialf (154). All work performed oa Sundays and recogoizad
holidays must ba pak! at double (2) tines All work performaf prior to or afterthe regular right (8) hourwork day, or ta<(t0) hour
work day, as deacxibed above shall bepaid at thneandate-half(154) the regalar rate.
ANNUAL WALE ORDER N0.14
Awld 083 OT.doo Page4 oP6 Pasea
rLAr>~ CovNTlr
OVERTIME SCHEDULE ~ BUII.DING CON$TRIFCTION
N0.6S: Means Monday ritrough Sundr4Y shall cansritub the wodr week. Regular starting three shau ba 8:00 am., with one half
hour tbt lunch between three and one-he[f (3i4) and 8ve (S) hours aRu stertlng time. The stardAg time may be advanced bytwo
(2)haarsordslayeaame(1)hoiQbythaeospIoyarSamWaragularslarNngttma Avwa~ricperformeabafomtlieadvancadatariing
Limo and during rho Leif hoer nmch shall ba paid a the overtbra rob of three slid aAahalf (13ri} work performed outside these
hours shall be paid at the overtime rate of thae and onahalf (144 era:ept as provided otherwise below. Alt work p~&rrmed art
Sundays or recognized holidays shall ba paid at the double (2) time gate. When rite start finis is debyed past 9:00 am., the
empkryee's pay ~ll start at 9:00 am. and all time, aftu the Aoamai rptiEfirtB time (5:30 paA.), shall ba paid at the overtkna rata
Sight (8) borers shall 00nariltlte the work day. Ait work perft:rtmed prior b or aRer the tegutar eight (8) how wok day. sa
described abovq and all work perfrmed on Satntday shall be paid ad time and oAe~haif (144) the regular rata in the evetd that a
aclwduled eight (B) hour work say, is missed (not hroludiug reoogntzad holidays) 6eoaaae oP hicicetmt weather, then that missed
work day may ba made up at straight time on the Rolknving $aturdr{y. It is recognized that rent alt employees workhrg oa a
Saturdary unako-up day wBl havaworkedihe samennmberofhours dttringtha rsgularworkweak It is ibrtha recognized thataay
wont a&er forty (40) hours mtust be paid at tune and one-half (i'~. The empiayer roAY establlah a R-10's sa~halale aux pro)ecis {4
days with 10 hours per day at straight time). In order to seethe a-10's sohedulq the anrpiayer mast schedtde the 4-10's fts a
minimum of one (1) week Ifnslug a 4-10's schodrde, a Friday make-up day is alloxrod.
NO.68: Means Monday thnwrgh Sandsy shalt oonsthuta Ste work week Ragalar starting time shall be 8:00 am., with area half
Lau 1br lunch betwea- rises acrd cite-halfaod five hours athr steMrtg ttnxi. 'ffra stadir~ time may be advanaod or delayed by the
employer up b one hour from the regWar starting tiros. All work petftxiroed betbre the advance starting than and during the half
hors ttmch shell ba paid at the overtime rate of time and ono-half (14$ Wortr performed optaide these bouts shall bo paid at the
overtime ratio of time and one half (147i , oxcept es provided otherwise below. All work perfonmed on Sundays or holidays steal! ba
paid at the double (2) time xata. Eight (~ luwrs shall constitute the work day. All work performed prier to or after the regular
eight (~ boor work dap, as described abovq and ail work perPonnai oA Saturday shall 6e pafd st lima and ono-helf (i'~ the
regular cute, except as h~einaftra described. In die event that a scheduled sight (8) hors work day is missed (not htdttding
rxognizedholidays) because of irolemrsit weearer, that dtatmtaaed work day may be made Ap at sttatghtttma on the Saturday in
ffia week oftha pay perlad. R is recognized that not sit ranployeea woxfdag one Satwday mako-up day wliE havaworkod the same
number ofhoars durhtg the regular wodc week. It is fluther recognized that soy work after ibriy (40) hours moat be paid at time
and one-half (144). The employa~ may ealabH~t a 4-lo's sdtedule our prof orts (a says wldr to hoes per d;y ac straogbttima~ Tn
order to use the 4i0's aci:edulq the anpioy~ must schedule the 4-10's for a minimum of ono (1} week if using a 4I0's
sohedulq aFrlday make-up day is allowed.
NO. ti5: Means the wank weak shall ba Monday through Sunday. Sight (8)hours shaft cameritote aday's work to begin behveeri
6:00 am. and 9:00 stn. and end between 2:30 pm. to 3:30 pm: E~rloyeas required to work during their lunch pa[od shell
rccsivo the overtime rata. ]irnployaes shalt racoiva time and onahalf (144) ftu al! time that' are requhrd to worir prior b their
normal starlhg tiara or attar eight (8) hours or nomtal quhrieg time Monday through Friday, or all day on Saturday. If an
Employer has stattod dto wrnic week os a fivo day. eighthours aday achedu[q and duato inalattent woathermisses any timq then
he may swhch to a Aina or tm boars a day s~iedutq ~ apaight three, for the ranainda~ ofthat work wa4c hr prier to make up for
the last rime (10-hour nuika~up days Ail work ova ten (10) hours a day or overiixfy (40) hours aweoknmst be paid at three &
onehalf (i'h). Sundays and recognized holidays shell be paid at rite double ('2) time rata of pay. A contraaor may ate the
regular work week b four (a) tm (!0) hour days ~ straight lima rate of pay. To do this the scheduled a-i0's moat be worked at
least one Rtli weekend the rogularworkweek shell be rilonday through Thursday wiW Friday being a maicaup day at straight three
for days missed inffia ragularwarkweek duet inoletmentweeahat: IfS-8's aro bring worked, Saturday may 6aused as amakonp
day at stceighttimaifinoianattweather prevents wortr dtarhugtluonotmal workweek.
N0.95: Moans a rogular workday shall cortsfst of eight and ottehaif (84r) hours elapsed rimq including ono-haif hoar for hmch.
41ie crew starring times shall be t'tead6le within the period of daylight b 8:00 e.m. Any work pertbmted ovm ten (t0) Lotus of
elapsed Hma per day btcludhtg mio-halfhots ils lunch andfor aqy work perfrmed over fluty (40) houro at the stird~:t time reb ht
one week shaft 6a paktat ehne andoao-half (14s)the ahaight time rate. Saturday ahallbe awiuraFary mako-ap day at straight limo
at rice discrerian of the contractor sad with iho consent of the mnployees. Sunday and tncogrtized holidays shall b0 padd ibr at
double (2) time.
AWi4 083 ()T,doo ANNUAL WAGE ORDER NO. t4 p~ y of6 Pages
PLATTE COUNTY
OV&RTii14F. SCHl3DUI.)6:-HUII,DING CONSTRUCTION
NO. 100: Means eight (8}tears aloft oonaHtute a day's wod4 and >lvs (5} oomttnuous etght~hoar days shau conaliatEe a weeks
weak, rv<ondsy P~1= Thns and ono-hatf (154) the regular lunrcly rata siwll be paid ftx all wank perttttmud hr excess of
eight (8} hours tm eay one day ar tbriy (4~ hours in ar{y ems week 3taeth-g lime stwlt be between 6;0o a.m. and 9:00 em. All
wank over etght(8) hours in eregular 5-day 8 hrnu achadnte stall be at6ie sppmpriate ovatLne rnto. At1 tlau walaed t-eibro 9-e
ee8ulae scheduled etardng lima atutll be paid for at his rata of time and onedtatf (1~4) and shall not apply to regular shift. Ail time
worked aifs< eight (8) Itiwus in aqy one dqy or efts' 5:30 ptp.,wld comae heat, ~slt be paid atthe time and ano-itivf (154}
rate. An t3tnptoyea, at his option, may elect m work 13ow (4) tan (10) Emur days, Ivfamday tluough Thursday. at ~8h1 tfmm. Atl
such work must be dame ~ toast one week In dmsHon. Alt work ova ten (t0) hours ht ems day or Airiy (40) bows in aweek shall
ba at the owxthne rata. Any smptoyeowlro is aclredutedto wank on say regular work day but is preva~ted ffom wodrtng booausa
ofwealt~ condid®s, shalt be permitted tc wodc oa 8aiurday (Fi9dgY tf working 410'x) as a make-up say at the atratght alma rate
a~f pay. ~ When an emplagea is roqutmd to wok on any reoogntaad h~aY 8-ey shall receive the double (2) flaw rate ~ ell time
than $iey ere required to petftirm wash. Atl lima worled from lZ.~tl0lVtidolght Saduday ip 12:00 t411datght Sunday shalt be pafd
for at fife rate ofdoubte (2) time on single drift.
ANNUAL WAGE ORDER N0.14
AW 14 Oa3 OT~doc Page b of6 Pogos
PLATTE COUNTY
HOLIDAY SCHEDULE - BUII.r1l[NG CONSTRUCTION
N0.2: All wmkperlbnnedonNawYear'a Day,MemorlatDay, Fourth ofJaly,La6orDay,'17molcsgPvln~gDay, Christmas Dap,
artha days observed as such, shell lb paid atthe doubtetimerate ofpay.
NO.4: Ali work done onNew Year's Day, Menrorlal Day, IndependencoDay, Labor Day,'I7mntcsgivlag and l~rr'iEfmas Day
shall be paid etthe doubietimeratoofpay. Ifa~ ofUle above holidays tlli on Sunday, Monday vrii- be observed as wa
recogntaed holiday. If my oYthe above holidays t$dl on Sntmday, Friday will bo observed as rho recogalsed holiday.
N0.7: All work done on NawYaar's Day, Iviernorial Day, Independerloa DaY, Labm ~Y, Veteran's Day, Thanksgiving Day,
and t~rishnsa Day shall be paid atthe double time rata ofpay. Ifaholiday tblla on a 3lmday, {t sheik be observed on the
following Monday. Ifs holiday fails on a Saturday, h shall ba observed vnilta preceding Fri,day.
NO.22: AllworkperformedonNawYear'sDtRy,MemotlalDay,IndapeodenoaDaY>ia6orDay,Zlvin6Dey,
t~:rlstrnas Day. or days Locally observed as such, and Sunny shed bereoogoMacd as holidays. ifaholiday tblls orr SrdrrMay,
Friday shall ba observed; if k &ILs on Sunday, Moadsq~ shall ba observed. All work pertbrmod on holidays shall be paid at the
double (2) time rate ofpay.
No.33: Allwork doneonNewYoer'sDay, Adenrorialnay, Fourth ofra(y,Tia~viagDay and t~rrtstmas Day shau bapaid
~thadmrbletimeraosofpay. LabmDaysllsllbopaidatthetr~te(3)thneratoofpay. Ifflleholidgyl$llsonSpnd~y,daa
ibI[owhag Monday wiq be observed; tfilro holiday fbtls on Saturday, fllo prexdltlgFridaywlll be observod.
N0. 39: No work shall be done on iha foilowhlgholldays: NewYeafs Day. MernaialDay, IndepeadenoeDay, Labor Day,
wing Day. and arrlafmaa. Aa}r oethesa hofldays failing an smrday, rho felbmingMonday stall be a holiday, and any
ofthesaholtdaya t>tllingonSaturday, dreprecedingHtidaysbafl beahokiday.
N0. 49: The following days Mall beobserved as [egat holidays: NowYeafa Day, Decoration Day, July 4th, Latwr Day,
T9rankaghdng Dap', ~~ ~Y, l3mp[oyee's bhilyday and two (2) personal days. The observance of one (i) of the personal
days to 6a ltmitodtothathnabetwearDecemher 1 andlviardr 1 oftho flrllowhrgyear. Ifany ofthesaholldaya fallon 3uodajl,
thelallowing Monday wiltbaobaerved aa9reholiday and ifarpr oftluseholLdgYS ill anSatmday, th~precedhlg Frid4YwUtbo
observed as theholtday. Ifemployeaswork onany oftheseholidays they shall bepaddthrre8t ono-haif(15a)theirregulerrate
ofpay for ail hours worked.
NO. Sit All work done on New Year's Day, Memorial Day, Indepertdence Day, Thanksgiving Day, Circtstmss Day err days
observed ea such for dress holidays ~IaIL 6apaid at the double (2) time rato ofpay. No work shall ba perlbnned on Labor
Day except to speo[al oases of omargency, and then the rata ofpay shall bo at tlrree (3) thnes flla regalar rata ofpay. When a
holiday falls on a Sunday, the following Monday shall ba observed as the holiday. Why a holiday falls oa Sehlyday, the
prreceding Friday ahaU ba observed as the holiday.
N0.54: AliworkperPdnnedertNewYea~sDey,MemarlalDasy.IndopandemoaD~y,LabosD4Y, Ve6erm'sDaY,Thwalergivin8
Day, ffie Friday alter ThanksglvingDgy,snd Christmas Day shall ba paid at tiro double (2) time taro ofpay. Whon a hottday
falls on Saturday, it shall be observed on }?riaay. When a holiday Alta on Sunday, it shall be observed on Monday.
N0. 67 Allwosic patlbrmed as Nary Year'spay, Memorial Day, CFFalahma Day, Fmlydt of 7aly sad T-rankag[vlag Day, firom
mtdalghtto mt~tghi; shall bapaid ~r ettlrerate ofdoubla time (2)thebaslcr~eofpay ifrequired to work inaddlttmtto any
otherpey oihenvisetegaired hetelrndar as holiday pay. Positively no workshall bo porlbrmod on LaborDay. Ivtmtta Luther
King's Birthday, VaG'asn's Day, and the day s12u Thaokegivtng Day shall be considered optio~l holidays, and if rho ]~anployer
apd employers agree thatwork will be pertbr~med on drat day, no prtulium pay will be rY;gaired. Should any of the above
holld~ya fail on Saurday, the holiday will 6e observed on Nrld4Sr. Should atpr ofthe above hotidaps Sall on Stmda4q, the holiday
w111 ba observed on Monday.
N0. 6B: AU work performed on New Year's Day, Docaadon Day (Memorlet Day), independence Day (Fourth ofJuty),
Labor Day, Thanksgtvhrg Day, Chrlsbnas Day, or days observed ere such, shall bepatd at the rate of double (2) time. When a
holiday ~Ils on a taturday, Friday shall ba observed. When a holiday fldts on a Snnday, Monday shall bo observed. No
work shall ba per&ttmad on rho Fourth o€Ju(y ~ Labor Day except to save Itlb or property. Whew one of the holidays
spoci9ed thus or >s abeerved during the work weak, ihes- ail work peltbrmed over and abovethirty-two (32) hours in dint
weak shall be paid at the rata oftirne sad one-half (1'Yi).
ANNUAL WAOB O1tDER NO. l4
AW014083 BlioRdoc 14ga 1 oft ~
PLATTE COUNTY
HOLIDAY SCHEDULE - AI}ILDING CONSTRUCTION
1~i0.7x: A1lworkperfomledonNawYeafsDay,MemorialDay{htaEMondaYinMsY~L:dependeacaDay,LaborDay,
Thm:kagiving Dayand C~ristnmv Day shall bepaid for at double (2) theregalarstrnlghtttme ntbeofpay. Any one oftlte above
llstat holWaya oe Slau~y sha116aobservedonU:eifo~awiogMonday endpsld for atdoubb{2)thero~utarsraaighttima
rata ofpay, ifworloed. Aqy ono oftl~ above liskd holidays falling oa $aduday shall be absavad ~ 8ro prior FrTd&y and Paid
fbr st douhb(~ tl:a regularatsaigt:ttimarate ofpay, ifwo:laed. Novrorksball bepartbanedanLabor Day except io oase of
~r.
ANNUAL WAGE ORDERN0.14
AW014 083 BHol.doo Page 2 or2 Pagcu
Heavy Construction Rates for
PU\TTE County
Sect-on 063
OCCUPATIONAL TITLE
Date of
Increase 98 C
Hourly
Rates
T[ttas
Schedule
Holiday
Schedule
Total Fringe Benefits
CARPENTER
Jouma en $31.30 1 17 10.03
M11Fwrrl ht 4.30 1 17 X10.03
Pile Drf~rer Worker 31.30 1 77 $10.03
OPERATING ENGINEER '
Grou I 28.89 3 2 $11.87
Grou li 27.65 3 2 19.97
Grou Ili .65 3 2 11.97
Grou N 23.18 3 2 11.97
Oiler-Drh-er $28.53 3 2 $11.97
CEMENT MASON 3.10 3 2 $14.20
LABORER
Generel Laborer .18 3 2 $9.99
Skflled Laborer 25.39 3 2 •99
TRUCK DRIVER-TEAMSTER
Grou [ 6.26 3 2 9.80
Grou it 2$.26 3 2 $9.80
Grou III 26.26 3 2 .60
Grou IV $28.83 3 2 .60
For the occupational t<'tles not listed on the Heavy Construction Rate Sheet, use Rabss shown on the
Building Constructton Rata Sheet.
ANNUAL WAGE ORA>=R N0.14 3ro7
PLATTE COUNTY
OVERTIIVIE SCHEDULE - HEAVY CONS'I'XiiTCTION
NO.1: Means (8} hours shah constitute the regular workday between time that may ba
advanced or delayed by two (2) hours on either side of 8:ti0 AM. The Employer may establish a
workweek consisting of four (4) days, Monday through Thursday, each day consisting often
(10} hours straight time. The four (4) tens (lbs} must run for a period o€ at least four (4) days,
Monday tiuough Thursday. All work eat Friday an a four (4) tens (10) project will be paid at the
rata of time end ome-half (1~). All work performed at Saturdayshall be paid at time and one-
half {1%). All work performed on Sundays and recognized holidays must be paid at double (2)
time, All work performed prior to or after the regular eight (8) hour woxk day, or ten (i0) hour
work day, as described above shall ba paid at time and onahalf (i'JQ) Uta regular rate.
N0.3: Means a regular work week shall consist of not more than forty (40) hours ofwork and
all work performed over and above ten (10}hours per day or forty (40) hours per week shall be
paid at the rata of time 8'c one-half (1'A). Workers shall receive tame and one-half (li/s) for all
work performed on Sundays and recognized haIidays. Double (2) tune shall ba paid for work
performed on Sundays or recognized holidays when and only if srry 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 am. and 9:00 am. at the option oftee
Employer except when inclement weather or other conditions beyond the reasonable control of
the Employer prevents work, in which evetat, the starting time may be delayed, but not later than
12;00 noon. Where one of the recognized holidays falls or is observed during tho work week,
then all work performed over and above thirty-tavo (32) hours in that week shall be paid at the
rata of taus and one-half (1'/s):
ANNUAL WACiEORDERN0.14
AW014 0831t01'.doo Page t oP t Page
rLA~rri~ ~ol~
HOLIDAY g~IyilLE-gEAVY CONS•r•RUG-).'ION en~DaY (Fourth
. cnncrial Day), ~ ~ ~~~
N0.2: Alt woxtc pe~rm~ or~NeW Year's may' ~D or~daYs aobserved as sack, shah be
of July},Labor Day, TitB~'~g DaY ~ (~riat-nas~e sha11 ~ pad for work on Sundays or recognized
Double (2) ~ ~• at work ontltat ~ Day,
paid atthe rate of time ~~ g(~~ployees of the same emp Y
holddays when and Daly ~ that Sunday ox holiday work. Na work shall be per ~~ ono of the
~;fig double (2) ~ fo~life or property. '~ Tale is applied to protect Lalmr DaY•
e~pt ht case of j~p Y mg Friday shall be observer; wh~~ oT ~ o~~~ during ~ ~~
above holidays falls on a Saturday, ~ preC~ one of the specified holidays week shall ~ paid at the rate
the following Monday shalt be orbms~ ~ ~ above thirty two (32) hours inthat
work week, then all work perfo
of time and one-half (1'/:). ~orial Day), Independence Day
~ New Year's Day, Decoration Day (h'I d atthe
NO.1?: All work pert ~~sgi~ Dom,, ~tmas Day, ar days observed as such~~ a hoh~ ~ls on
ourth of July), Labor Day, a holiday Friday shall be observed•
erformed on the Fourth of July or I,aborDay except
rate of double (2)-time. When Noaw~g Aga b~edp Y~ the work week, then all
a Sunday, Monday shalt ~ observed. eci8ed falls or is observed during
to save life or property- Where one of the holidays sp id at the rate of time andone-half
work performed over and above thirty two (32) hours m that week shall be ps
(l'A)•
f
F
~~~oLdac
!~
A~~ WRGL
NQ I4
~loflp~
J
ODTSIDF. EL~~
These rates are to be used far the fiollowing counties:
Bates, Benton, Carroll, Cass, Clay, Henr34 Jackson, Johnson, ]:.afaY~+Pefd9,1?1atDa, ]tay ~
Salina ~nMtV~RCZAL WORit;
tPi'ZLYTY WORK
OVERT)RNE RATE: Light (g) hours of work between the hou Monday through Fr-ia'd Y inclose ve,
constitute a work day. FoMY (~) hours within tho five (5) days, hours. Work
tJme may be ac~asted notto exceedtwo (2)
shall conslitube the workweek. Starling ~ d atthe applicable overtime rata. Why starring
performed outside of the aforementioned will be p~ the work day shall be adJusted accordingly.
tuna has been adJusted, all other provisions concerning other than
The overtime rate of pay shaft be one and one-half (1'/~) tinl {~,h will be paid at doe~ib e~('~) the
on Sundays, holidays and frmn Midnight unti16:00 a m.,
straighttime rata.
HOLIDAY RA'Z'E: Wark performed onNew Year's Day, Memorial Day, Fourth of July Labor
Day,'Ihanksgiving Day, Christmas Day, or days celebrated ~ ~ch'shalt be paid at the double time
rate of pay. if the holiday fills on Saturday, itwiU be observed on Friday; if~e holiday fails on
Sunday, it will be observed a~n Monday, and shag be Paul ~' at donbie (2}the regular straiBbt lone
rata ofpay.
~unL woos oxDS>zxo. to
y~~l AWI4.doo
PROJECT MANUAL
MERRIMAC DRAINAGE IMPROVEMENTS
City of Riverside, Missouri
June 7, 2007
TABLE OF CONTENTS
DIVISION 0 -BIDDING AND CONTRACT DOCUMENTS
00020 NOTICE TO BIDDERS
00100 INSTRUCTIONSTO BIDDERS
00200 EXPERIENCE QUESTIONNAIRE
00300 AGREEMENT
EXHIBTl A SCOPE OF WORK
EXHIBIT B SPECIFICATIONS AND DRAWINGS
EXHIBIT C PERFORMANCE BOND
EXHIBll D PAYMENT BOND
EXHIBIT E ITEMIZED PROPOSAL
F.XI~IT F BID BOND
EXHIBI'T' G PREVAILING WAGE RATES
TECHNICAL SPECIFICATIONS P.E. SEAL
DIVISION 1-GENERAL REQUIREMENTS
0101 S CONTRACTOR USE OFPREMISFS
01030 SPECIAL CONDITIONS
01040 COORINDATION
01051 CONSTRUCTIONSURVEYANDSTAKING
01060 STANDARD SPECIFICATIONSAND PLANS
01181 REQUEST FOR INFORMATION
01310 JOB SITEADMINISTRATION
01320 CONSTRUCTIONSCIIDDULE
01330 SUBMITTALS
01410 TESTINGLABORATORYSERYICES
01505 MOBILII.ATION
01524 WASTEAREA, MATERIAL STORAGEAND SITEAPPEARANCE
01567 POLLUTIONCONTROL
01570 TEMPORARYTRAFFICCONTROL
01732 DEMOLITION
DIVISION 2 - SITEWORK
02230 CLEARINGAND GRUBBING
02300 EARTHWORK
02350 EROSIONAND SEDIMENT CONTROL
02630 STORMSEWERS
02702 AGGREGATE SURFACE
02810 TEMI'ORARYSEEDINGAND MULCHHIIVVG
02820 SEEDING, SODDING
r ~ ..~ r ..
DIVISION 0 -BIDDING AND CONTRACT DOCUMENTS
CITY OF RIVERSIDE. MISSOURI
NOTICE TO BIDDERS
Sealed bids for MERRIMAC DRAINAGE IMPROVEMENTS PROJECT will be received by
the City of Riverside, MO at City Hall, Riverside, MO, until 10:00 a.m. Central Legal time on
Thursday. June 7. 2007. At that time all sealed bids will be publicly opened and read aloud.
Any bid received after the designated closing time will be returned unopened.
All bids shall be submitted in sealed envelopes addressed to Mr. David Blackburn, City
Administrator, and mazked "Bid for: MERRIMAC DRAINAGE IMPROVEMENTS. Copies of
plans, specifications, bid documents and other Contract Documents aze on file at the office of the
Engineer: Shafer Kline & Warren, Inc., 2005 Swift Street, North Kansas City, MO, 64116.
Contractors desiring the Contract Documents for use in preparing bids may obtain a set of such
documents from Shafer Kline & Warren, Inc. for $25.00 which amount is not refundable.
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL CONTRACT
DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER
WARRANTS THAT IT HAS READ THE CONTRACT DOCUMENTS AND IS FULLY
FAMILIAR THEREWITH AND THAT HE HAS VISITED THE SITE OF THE WORK TO
FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AND
SHALL INCLUDE IN HIS BID A SUM TO COVER THE COST OF ALL ITEMS OF THE
WORK.
A Pre-Bid Meeting will be held on Thursday, May 24, 2007. The meeting will be conducted
in the Boazd of Alderman Chambers at City Hall and will include a visit to the project site. The
meeting will begin at 6:00 p.m. Attendance at this meeting is not mandatory, but could be used
to break any ties between bids. Therefore attendance is strongly encouraged.
All bidders shall verify that they have considered all written addenda. Neither the City nor the
Consulting Engineer shall be responsible for oral instructions.
Any written addenda issued during the time of bidding shall be covered and included in the bid.
There will be no clarifications or exceptions allowed on the Bid. Bids are for a total bid package,
and total contract price.
Bids shall be made upon the Itemized Proposal form provided as Exhibit E, in ink or typewritten.
The total contract bid shall be stated both in writing and in figures; the signature shall be long
hand; and the complete form shall be without alteration or erasure. On alternate items for which
a bid is not submitted, a written indication of "no bid" on the bid form is required. No oral,
electronic, facsimile or telephonic bids or alterations will be considered.
It is the intent of the City to supply the Contractor with a Sales and Compensating Tax
Exemption Certificate for use in purchasing materials and supplies used on the project. The
Contractor shall, in preparing its bid, omit from its computed costs all sales and compensation
taxes.
Notice to Bidders
00020-1
T .. ~ I ..
The following items must be included in the sealed envelope with the bid:
a. Itemized Proposal -Exhibit E
b. 5% Bid Security--Bid Bond, Cashier's Check or Certified Check (See below.)
Each bidder shall file with its bid a bid bond, a cashier's check or a certified check drawn on any
acceptable bank, made payable to the City of Riverside, MO, in an amount of not less than five
percent (5%) of the total bid.
Construction covered hereby will be subject to all requirements of the prevailing Wage Law of
the State of Missouri and to the wage rates determined by the Industrial Commission of Missouri
and set forth in the Contract Documents. Prior to award of this Contract, the Contractor and all
subcontractors may be required to furnish evidence of a written Affirmative Action program to
ensure that all employees aze treated equally without regazd to their race, color, religion, sex,
handicap or national origin.
The City reserves the right to accept or reject any and all bids and to waive any technicalities or
irregularities therein. Bids may be modified or withdrawn by written request of the bidder
received in the office of the City Administrator, prior to the time and date for bid opening;
provided, however, that no bidder may withdraw its bid for a period of thirty (30) days from the
date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL
CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION,
AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL
CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS
CITY OF RIVERSIDE, MISSOURI
Notice to Bidders
By:
City Administrator
00020-2
r. .~ ~ ..
INSTRUCTIONS TO BIDDERS
1. Copies of Bidding Documents
1.1 Complete sets of Bidding Documents in the number and for the deposit sum, if any,
stated in the Advertisement or Invitation may be obtained from Engineer.
1.2 Complete sets of Bidding Documents shall be used in preparing bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the
use of incomplete sets of Bidding Documents.
1.3 Owner and Engineer in making copies of Bidding Documents available on the above
terms do so only for the purpose of obtaining bids on the work and do not confer a
license or grant for any other use.
2. ,Qualifications of Bidders
To demonstrate qualifications to perform the work, each Bidder must submit a notarized
"Experience Questionnaire". A form for this purpose is included in this document. All
information requested on the form must be provided. Each bid must contain evidence of
bidder's qualification to do business in the State where the project is located or covenant to
obtain such qualification prior to award of the contract.
3. Examination of Contract Documents and Site Information
3.1 Before submitting a bid, each bidder must (a) examine the Contract Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in any
manner affect cost, progress or performance of work, (c) familiarize himself with
Federal, State and local laws, ordinances, rules and regulations that may in any manner
affect cost, progress or performance of the work; and (d) study and carefully correlate
bidder's observations with the Contract Documents.
3.2 On request, Owner will provide each bidder access to the site to conduct such
investigations and tests as each bidder deems necessary for submission of his bid.
3.3 The Bidding Documents include the Merrimac Drainage Improvement Plans and these
Documents and Specifications.
3.4 The land upon which the work is to be performed, right-of--ways for access thereto and
other lands designated for use by contractor in performing the work aze identified in the
General Requirements or drawings and will discussed in the pre-bid meeting.
3.5 The submission of a bid will constitute an incontrovertible representation by the bidder
that he has complied with every requirement of this Article 3 and that the Contract
Documents aze sufficient in swpe and detail to indicate and convey understanding of all
terms and conditions for performance of the work.
Instructions to Bidders
00100-1
*, .~ r ..
4. Interpretations
All questions about the meaning or intent of the Contract Documents shall be submitted to the
Owner in writing. Replies will be issued by addenda mailed, faxed or delivered to all parties
recorded by Owner as having received the bidding documents. Questions received less than
four (4) working days prior to the date for opening of bids will not be answered. Only
questions answered by formal written addenda will be binding. Oral and other interpretations
or clarifications will be without legal effect. Refer to Section Ol 181 of the Project Manual for
a Request for Information form.
5. Bid Securitv
5.1 Bid Security shall be made payable to Owner in an amount of five percent (5%) of the
bidder's maximum bid price and in the form of a Bid Bond (on form attached at the end
of this section) issued by a Surety or a Cashier's Check or Certified Check.
5.2 The Bid Security of all bidders may be retained by the Owner until the earlier of (a)
the 31~ day after the bid opening or (b) execution and delivery of the Agreement (see
Page 00300-1) and furnishing of the required payment and performance bonds and
evidence of insurance by a bidder to whom Notice of Award is given. If a bidder to
whom Notice of Awazd is given does not execute and deliver the Agreement and
furnish the required bonds and evidence of insurance within ten (10) days of Notice of
Awazd, City may exercise its legal prerogatives, including but not limited to
enforcement of its rights as to that bidder's Bid Security.
6. Contract Time
The number of days within which, or the date by which, the work is to be completed (the
contract time) is set forth in the Agreement. The Contract Time will be based on Working
days. No time extensions will be granted, except in case of unusual (unseasonable) weather
conditions or additional work requested by the Owner. The suspension of contract time will
not be considered under any circumstances.
7. Liquidated Damages
Provisions for liquidated damages, if any, are set forth in the Agreement.
8. Substitute Material and Equipment
The contract, if awarded, will be on the basis of material and equipment described in the
drawings or specified in the specifications without consideration of possible substitute of "or-
equal" items. Whenever it is indicated in the drawings or specified in the specifications that a
substitute "or-equal" item of material or equipment may be furnished or used by contractor if
acceptable to Owner, application for such acceptance will not be considered by Owner until
after the "effective date of the Agreement".
Instructions to Bidders
00100-2
r I .. f I ..
9. Subcontractors, etc
9.1 The bidder shall submit to Owner with the Bid a list of all proposed sub-contractors to
be used on the project. The list shall indicate those portions of the work each sub-
contractor will be performing. The Contractor shall also submit a list of suppliers of
major materials to be used on the project. The list shall indicate which materials each
supplier is furnishing. If Owner, after due investigation, has reasonable objection to any
proposed subcontractor, other person or organization, either may before giving the
Notice to Proceed, request the apparent successful bidder to submit an acceptable
substitute without an increase in bid price. If the apparent successful bidder declines to
make any such substitution, the contract shall not be awazded to such bidder, but his
declining to make any such substitution will not constitute grounds for sacrificing his
Bid Security. Any Subcontractor; or other person or organization so listed and to whom
Owner does not make written objection prior to the giving of the Notice to Proceed will
be deemed acceptable to Owner.
The appazent successful bidder and each bidder so requested must demonstrate to the
satisfaction of OWNER that bidder has the "in-house" capability at the time of
submission of the bid to perform not less than fifty-one percent (51 %) of all of the Work
required to be performed on the project by CONTRACTOR under the Contract by and
through employees in the direct employ of CONTRACTOR without any reliance upon
or utilization of subcontractors.
9.2 In contracts where the contract price is on the basis of cost-of--the-work plus a fee, the
apparent successful bidder, prior to the Notice to Proceed, shall identify in writing to
Owner those portions of the work that such bidder proposed to subcontract and after the
Notice to Proceed may only subcontract other portions of the work with Owner's written
consent.
9.3 No contractor shall be required to employ any subcontractor, other person or
organization against whom he has reasonable objection.
10. Itemized Proposal
10.1 The Itemized Proposal is attached hereto; additional copies may be obtained from the
Owner.
10.2 The Itemized Proposal must be completed in ink or typewritten.
10.3 Bids by corporation must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal must be affixed and attested by the secretary or an assistant secretary.
The corporate address and state of incorporation shall be shown below the signature.
Instructions to Bidders
00100-3
r . ~ 1 ..
10.4 Bids by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature and the official address of the partnership
must be shown below the signature.
10.5 All names must be typed or printed below the signature.
10.6 The bid shall contain an acknowledgement or receipt of all addenda (the numbers of
which shall be filled in on the Itemized Proposal).
10.7 The address to which communications regazding the bid aze to be directed must be
shown.
11. Submission of Bids
Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be
included in an opaque sealed envelope mazked with the project title, name and address of the
bidder and accompanied by the Bid Security and other required documents. If the bid is sent
through the mail or other delivery system the sealed envelope shall be enclosed in a sepazate
envelope with the notation "BID ENCLOSED" on the face thereof.
12. Modification and Withdrawal of Bids
12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the
manner that a bid must be executed) and delivered to the place where bids aze to be
submitted at any time prior to the opening of bids.
12.2 If, within twenty-four (24) hours after bids are opened, any bidder files a duly signed
written notice with Owner and promptly thereafter demonstrates to the reasonable
satisfaction of Owner that there was a material and excusable mistake in the preparation
of his bid, that bidder may withdraw his bid and the Bid Security will be returned.
Thereafter, that bidder will be disqualified from further bidding on the work.
13. Opening of Bids
Bids will be opened and (unless obviously non-responsive) will be read aloud, and an abstract
of the amounts of the base bids and major alternates (if any) will be made available after the
opening of bids.
14. Bids to Remain Open
All bids shall remain open for thirty (30) days after the date of the bid opening, but Owner
may, in his sole discretion, release any bid and return the Bid Security prior to that date.
15. Award of Contract
Instructions to Bidders
00100-4
r. ..i r ..
15.1 Owner reserves the right to reject any and all bids, to waive any and all informalities and
to negotiate contract terms with the successful bidder, and the right to disregard all
nonconforming, non-responsive or conditional bids. Discrepancies between words and
figures will be resolved in favor of words. Discrepancies between the indicated sum of
any column of figures and the correct sum thereof will be resolved in favor of the
correct sum.
15.2 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not
the bids comply with the prescribed requirements, and alternates and unit .prices if
requested in the Itemized Proposal. It is Owner's intent to accept alternates (if any
accepted) in the order in which they are listed in the Itemized Proposal but Owner may
accept them in any order or combination.
15.3 Owner may consider the qualifications and experience of subcontractors and other
persons and organizations (including those who are to fiunish the principal items of
material or equipment) proposed for portions of the work. Operating costs, maintenance
considerations, performance data and guarantees of materials and equipment may also
be considered by Owner.
15.4 Owner may conduct such investigations as he deems necessary to assist in the
evaluation of any bid and to establish the responsibility, qualifications and financial
ability of the bidders, proposed subcontractors and other persons and organizations to do
the work in accordance with the Contract Documents to Owner's satisfaction within the
prescribed time.
15.5 Owner reserves the right to reject the bid of any bidder who does not pass any such
evaluation to Owner's satisfaction.
15.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose
evaluation, by Owner, indicates to Owner that the award will be in the best interests of
the project.
15.7 If the contract is to be awarded, Owner will give the successful bidder a Notice of
Award within thirty (30) days after the day of the bid opening.
16. Performance and Other Bonds
Article XXIV of the Agreement sets forth the Owner's requirements as to performance and
other bonds. When the successful bidder delivers the executed Agreement to Owner it shall
be accompanied by the required Contract Security. Owner is a municipality and,
notwithstanding any other provision herein to the contrary, all bonds famished by bidder shall
contain the requirements and conditions set forth in and shall comply in all respects with
Section 107.170 R.S. Mo and other applicable legal requirements.
17. Signing of Agreement
Instructions to Bidders
00100-5
1< i . ~ t ..
When Owner gives a Notice of Award to the successful bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement and all other Contract
Documents. Within ten (10) days thereafter Contractor shall sign and deliver at least three (3)
counterparts of the Agreement to Owner with all other Contract Documents attached and
signed as required, together with the required bonds and evidence of insurance. Within ten
(10) days thereafter Owner will deliver all fully signed counterparts to Contractor. The
Owner may issue a Notice to Proceed with or at any time after delivery of signed counterparts
to Contractor.
Instructions to Bidders
00100-6
T .~ r ..
~.OBL~, CERTIFICATE OF LIABILITY INSURANCE
PI+DDUCER (913)682-1234 FAX (913)682-8136 nui vCeNe ceNFERS NO RI(
Reilly & Sons, Inc.
608 Delaware St.
P.O. Box 9
Leavenworth, KS 66048-0009
INSURED L naweaver Construct on,
719 E. Gilman Rd.
Lansing, KS 66043
NASA
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DOES
INSURERS AFFORDING COVERAGE
INSURER B:
INSURER C:
INSURER D:
INSURER E:
DATE (MMIDD/YYYY)
ns/u /ZDm
NAIC ik
:OVERAGES
RIOD INDICATED NOTWITHSTANDING
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ADVVe rvn ~ n~ rv~iv. rc
TRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
ANY REQUIREMENT, TERM OR CONDITION OF ANY CON
ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES D
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD TYPE OF INSURANCE PODGY NUMBER PDDCY EFFECTNE POLICY EIIPIRATION LIMITS
ACP 7231325678 06/30/2006 06/30/2007 EACH OCCURRENCE s 1 000 0
GENERAL LUIBIDTV
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X COMMERCIAL GE E 5 DD
DE X~ OCCUR MED EXP (MY Oll~s Peraonl
CLAIMS MA PERSONAL & ADV INJURY E 1 DDD O
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GENERAL AGG
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LIES PER
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GEN
POUCY X JET LOC
AUT OMOBILE DABIDTY ACP 7231325678 06/30/2006 06/30/2007 COMBINED SINGLE DMIT E
(Ee academl 1 000 0
X ANY Auro
ALL OWNED AUTOS BODILY INUURY
(Per Peron) E
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X SCHEDULED AUTOS
HIRED AUTOS
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PROPERTY DAMAGE
(Per acdeeM) E
AUTO ONLY-EA ACCIDENT E
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ANY AUTO AUTO ONLY: AGG S
ACP 7231325678 06/30/2006 D6/3O/2007 EACH OCCURRENCE E 4 000 O
ExcESSnIMBRELLA LaBIDTY AGGREGATE i 4000
X OCCUR ~ CLAIMS MADE
E
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ACP 7231325678 06/30/2006 06/30/2007 X lA'DSTA ~- TtF
WORKERS COMPENSATION AND
EMPLOYERS'LWBIDTY
E.LEACHACCIDENT E SOO
A ANY PROPRIETOR/PARTNERIEXECUTNE DISEASE - EA EMPLOYE S 5OO O
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OFfICERAAEMBER EXCLUDEDT .
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SPECIAL PROVISIONS Debw E.L. DISEASE -POLICY DMIT i
ACP 7231325678 06/30/2006 06/30/2007 5327,000 Limit
es d/Rented (1,000 Deductible
A quipment (20,000 Installation Floater
nstallation Floater
DESCJMPTION OF OPERA ONS 1 LOCATI S ~ VEH ~ EXCLUSIONS ADDED BY ENDORSELIENT I SPECUIL PROVISIONS
Mirr~mac Dra~nage rovements
t
:
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City of Riverside Missouri
2950 NW Vivion Road
Riverside, MO 64150
SHOULD ANY OF THE ABOVE DEBCRIBED POLICIES BE CANCELLED BFSORE TIIE
EXp1RATKNi DATE 7NFJtEOF, TNB NtSUNO mSURER WILL ENDEAVOR TO MAIL
3Q_ DAYS WItIT1EN NOTICE TO THE CERTFlCATE HOLDER NAMED TO THE LEFT.
BUT FAN.URE TO MAIL SUCH NOTICE SHALL NPOSE NO OBLxiAT10N OR LIABILITY
DF ANY KBm UPON THE wSURER, rt5 AOENTE OR pEPRESENTATVES.
AUTNORQED REPRESENTATIVE
C di F CYNDI °
.ae nnnn nneaenDAT1Y1A1 'IBRR
ACORD 25 (2007108)
* .~ r ..
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polices may
require an endorsement A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reveres side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the polices listed thereon.
ACORD 26 (2001/08)