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HomeMy WebLinkAbout2006-098 - Construction Contract with Linaweaver Construction for Cliffview Drive Street ImprovementsBILL N0.2006-98 ORDINANCE N0.2006-98 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A CONSTRUCTION CONTRACT WITH LINAWEAVER CONSTRUCTION, INC. FOR CLIFFVIEW DRIVE STREET IMPROVEMENTS IN THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri ("City") desires to engage the services of a contractor to perform construction services in connection with Cliffview Drive Street Improvements in the City of Riverside, Missouri. WHEREAS, the City requested multiple bids for the Cliffview Drive Street Improvements in the City of Riverside, Missouri and; WHEREAS, LINAWEAVER CONSTRUCTION, INC. has provided the City with a contract detailing the costs and services approved by the City. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri as follows: Section 1. The City of Riverside shall employ LINAWEAVER CONSTRUCTION, INC.to perform the construction services, and shall pay to LINAWEAVER CONSTRUCTION, INC. an amount not to exceed Six Hundred Eighty-Five Thousand Four Hundred Seventy-Seven Dollars and No Cents ($685,477.00) for such construction services which are described in the bid form attached hereto as Exhibit A ("Agreement for Construction"). Section 2. The contract, in substantially the form attached hereto as Exhibit A, and payment by the City for the construction services described therein, is approved, and the Mayor is authorized to take such actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 18th day of July 2006. ATT City Clerk ayor Kathleen L. Rose ,. ~. AGREEMENT BETWEEN CITY OF RIVERSIDE AND FOR COMPLETION OF CLIFFVIEW DRIVE STREET IMPROVEMENTS CONTRACTOR: LINAWEAVER CONSTRUCTION, INC. CONTRACT NO.: 330-513-00-25-OS-06 CONTRACT PRICE: $685,477.00 Page-1 ~.. .. - ,». ,. 1 ~, CONTRACT NO. 330-513-00-25-05-06 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR THIS AGREEMENT, made and entered into as of the 20th day of July, 2006 by and between the City of Riverside, Missouri ("City"), and LINAWEAVER CONSTRUCTION, INC. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No 2006-98 duly approved July 18, 2006 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 Admnustrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and considerations 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 other items necessary to Page-2 accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, 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 ($685,477.00) Six Hundred Eighty-Five Thousand Four Hundred Seventy Seven Dollars and No Cents. This amount shall include all taxes, costs, permit fees, profit, overhead, expenses and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. 2006-98 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Paragraph Deleted C. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than for one hundred fifty (150) calendar 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 (6) hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall, in addition to any payment due under Paragraph B above, pay City One Thousand Dollars ($1,000.00), as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. Following Substantial Completion of all the Work, 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. ' Page-3 ~.. .. „ 1 ,i, .. ~, D. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure _ to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Pazagraph G below and Article XIII of this Agreement under all circumstances described in Paragraph G and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph C above, E. 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 E does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. F. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to~City 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. G. 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. H. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents.. Contractor shall prepare and deliver its submittals to City in a manner consistent 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 similar submittals as may reasonably be required by. City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. Page-4 ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMII~IT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2. SCOPE OF WORK (Exhibit A to this Agreement) 3. The SPECIFICATIONS referned to in Exhibit B to this Agiteanent. 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 (Exlbit F to this Agreement). • B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any fiuther 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 Page-5 ~.. 1 ,i. ,. ~ 1, 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 fifteen (15) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent (5%) as retainage until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of,such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under Ordinance No.2006-98. 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. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Administrator certify's, 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 two hundred percent (200%) of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as .claimed by Contractor. All claims not identified in the application for fmal payment are waived. Page-6 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 charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change, or, at City's option, the change shall be performed for unit prices, if any, listed in the Itemized Proposal (Exhibit E to this Agreement), or 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, Page-7 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, iri fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. G. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. Page-8 ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence ..............................................$1,000,000.00 b. General aggregate ...........................................$2,000,000.00 c. Products/completed operations aggregate ......$2,000,000.00 d. The following coverage shall be included: - Blanket contractual liability - Products/completed operations - Personal/advertising injury - Broad form property damage - Independent contractors - Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation ....................................... Statutory b. Employer's Liability: - Bodily injury by accident .......................... $1,000,000.00 - Bodily injury by disease ............$500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than `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 Page-9 automobile liability coverage shall, in form satisfactory to City, (1) name as additional insured's City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the fall cost of replacement at the time of loss. This insurance shall list as named insured's City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater, "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or material. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall expressly 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 coverage's and any higher limits provided for elsewhere in the Contract Documents and shall fiunish City any additional insurance documentation provided for elsewhere in the Contract Documents. ARTICLE VIII INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, 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 Page-10 anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they maybe liable, the indemnification obligation under Paragraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as maybe necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not Page-11 charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For Ci David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: Mark Linaweaver Vice President 719 E. Gilman Road Lansing, Ks. 66043 B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 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. Page-12 ~.. .. 1 M. 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 maybe necessary to prosecute the Work taken over by City, and may employee Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy confer ed 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 in any way 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 Docurents, 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. Page-13 ~. .. 9 i. ,; 7 1, ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. 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. Page-14 ~. .. „ 9 i, ,. 1 1, B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor, ARTICLE XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall cant' out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor agrees that it shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. Page-15 ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXII INDEPENDENT CONTRACTOR Contractor acknowledges it 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 performance bond and a payment 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. Page-16 ARTICLE XXV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXVIII TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXIX ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Contractor. Page-17 ~., ... 4 i , ._ ~ 1. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. CITY OF RIVERSIDE By: YOR KATHLEEN L. ROSE ATTESTE CI Y CLERK (Contractor) By: ( ~ hue) Printed Name: /~~ ilk wCavc~" Title: /~~ ~~,~~ v i Page-18 EXHIBIT A - SCOPE OF WORK Contractor shall perform the following Work: Approximately 10851inear feet of street demolition and reconstruction including: 1. Mobilization. 2. Maintenance of traffic. 3. Existing curb and gutter, pavement and storm sewer demolition. 4. Clearing and grubbing. 5. Approximately 3427 square yards subgrade scarifying and recompaction. 6. Approximately 17991inear feet of new curb and gutter. 7. Approximately 3427 square yards new base and surface course asphaltic concrete pavement. 8. Approximately 234 square yards of new concrete driveway approaches. 9. Approximately 5641inear feet of new sidewalk 10. Approximately 601inear feet of concrete retaining wall. 11. Approximately 17591inear feet of reinforced concrete storm sewer piping. 12. 17 appurtenant new storm sewer structures. 13. Approximately 5304 square yards of parkway sod. 14. Approximately 3335 square yards of temporary aggregate surfacing. 15. Erosion and sediment control. 16. Construction staking. 17. Miscellaneous incidental construction as shown in the contract documents. City of Riverside, Missouri City Contract No. 330-513-00-25-OS-06 Exhibit A Cliffview Drive Street Improvements OA Project No. 2-2005-0453 Page-19 ~., ... „ 9 , ~ 7 EXHIBIT B -SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: See next page for Specifications "Cliffview Dr. Street Improvements" OA Project 5/16/06 Drawin s "Cliffview Dr. Street Im rovements" Sheets No. 1 through 35 5/15/06 ~ Drawing Revision #4, Sheets No. 1, 2 & 13 ~ 7/17/06 ~ Page-20 EXHIBIT B SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of the Work: 1. Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Section 2100 -Grading and Site Preparation Section 2200 -Paving and Curbs Section 2300 -Incidental Construction Section 2400 -Seeding and Sodding Section 2500 -Sanitary Sewers Section 2600 -Storm Sewers Section 2700 -Structures 2. Standard Specifications for Highway Construction of the Missouri Department of Transportation. Section 206 -Excavation for Structures Section 501 -Concrete Section 706 -Reinforcing Steel for Concrete Structures Section 806 -Pollution, Erosion, Sediment 3. US Army Corps of Engineers and Riverside Quindaro Bend Levee District standards and specifications for work in the levee critical zone. EM 1110-2-1913 Chapter 8 -Special Features -Section 1 -Pipelines and Other Utility Lines Crossing Levees DAWACW41-02-B-0001 Section 02380 -Stone Protection Cliffview Drive Street Improvements Page 35 OA Project No. 2-2005-0453 L, .. „ 9 i, .i i Alscott, Inc. Surety Bonds 16101 Harold Dr. Belton, MO 64012 Phone (816)331-7443 Fax (816) 318-0123 July 27, 2006 Linaweaver Construction, Inc. Mark Linaweaver 719 Gilman Rd Lansing, KS 66043 RE: Project: Cliffview Drive Street Improv. Bond No. moc43008 Obligee: City of Riverside, MO Dear Mr. Linaweaver, Please let this letter serve as authorization to date the bonds and powers of attorney for the above captioned bonds. This authority may be extended by you to the owner, architect, or their designated representatives. Should you have any questions, please feel free to call Sincerely, D~~~~avitch Attorney in fact, Merchants Bonding Company Bond No, moc43008 See_Att=d E3~IIBIT C -PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated 2005, designated Contract No. 33o-si3-oo-2s-os-c~very particular, Linaweaver Ccsnstruchoh 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, Missouri, in the penal sum of $685,477.00* 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 Contract Documents or to the Work to be performed thereunder shall in any way affect its Exhibit C Page-1 obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tenns of the Contract Documents or to the Worlc. I-~aaweaver Construction, Inc. PRINCIP ~~ ~ " Printed Name: Title: Date: Merchants Bonding Company (mutual) BY RET~L~~~' (Signature) Printed Name: oa~;d s. satav;tcn Title: attorney in fact Date: The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this obligation. Exhibit C Page-2 Merchants Bonding Company (Mutual) Know All Persons By These Presents, tn~at tOhe MERC ANT F DATTO R N EY the laws of the State of Iowa, and having its principal ofOce in the CI constituted and appointed, and does by these (MUTUAL), a corporation duly organized under presents make, ty °f Des Moines, County of Polk, State of Iowa, path made, constitute and appoint David S. Salavitch of Lee's Summit and authordy hereby conferred in its name, placetantl stead, to sign, execute, acknowledge and deliver in its behalf as surety an its true and lawful Attorney-in-Fact, with full power instrument shall not exceed the amount of: and all bonds, undertakings, recognizances or other written obligationsun the nature thereof, subject to the limitation that an Y TWO MILLION FI Y surf, and to bind the MERCHANTS BONDING COM ANDRED THOUSAND undertaking was signed b ($2,500,000.00) DOLLARS said Altome = _ Y the duly authorized officers of the MERCHANTS BONDIING COMPANYme extent as if such bond or y In Fad, pursuant to the authority herein given, are hereby ratified and confirmed. This Powar_o{ Agorney is made and executed pursuant to and by authority of the following Amended Sub tituted and IRestat dsgy 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 thereof. Company thereto, bonds and undertakings, recognizances, contrails of indemnity and other writings obligatory in the nature ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affuced by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Wdness 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. STA-_ ~= IOWA COU?~-`' OF POLK ss •...., oap\NP~ O,j~A- rq '~ FDA ~'~~9y<S .Z; o. .a. :3; 9J.. 1933 Q~ • ••,d,~W...... • •~1a: ... ., ~. MERCHANTS BONDING COMPANY (MUTUAL) ..~~~ President On t" s ' d:h day of Jar~ary. 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is °2seenl of the MERCHANTS BONGING COMPANY tN;iTUAL), the corporation descdbed in the foregoing instrument, and that the Sez as yed to the said rstmment is the ~c-porate Sea' o' tre said Corporation and that the said instrument was signed and sealed in behalf c! sa ~orporatior. by authority of its Board of Diredo~s - _y=_: mony Whereof. ^.a•.e ~.ere;.`,:o set my hand ar affxed my Official Sea a! the City of Des Moines. Iowa, the day and year first r CINDY SMYTH ~~ Commission Number 173504 w My Commission Expires March 16, 2009 Notary Public, Polk County, Iowa STATE OF IOWA BOUNTY OF POLK ss I, William Warner. Jr., Se of the POWER OF-ATTORNEYNDIe uted byPsaNd MERCHANTS BONDING OMPANY (MUTUAL)f wh9ch is Is a true and correct wpy 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 day of POA 0001 (1/06) •..... . p\N~.~OifjA. 0o?SAP tl,gq. py ; ,.~.<; .y%= m~ f-:. -o- c y: 1933 .: e: • v •,~c. :b~~.. ~ .-•~.: Secretary ~., See Attached EXHIBIT D -PAYMENT BOND bond no, moc43008 Linaweaver C~,nstruction, Inc, and the CITY OF RIVERSIDE, MISSOURI, have entered into an Agreement dated 330-513-00-25- Contract No. os-o6 I.inaweaver Construction, Inc. 2005, designated 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, Missouri, in the penal sum of $685,477.00* 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 Exhibit C Page-3 '~ Z t' this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the teens of the Contract Documents or to the Work. ]Linaweaver C.~nstruction, Inc. PRINCIP1~~, A BY~ ^io Printed Name: Title: Date: Merchants Bonding Company (mutual) SUREl~~ By: (Signature) Printed Name: ~a~; d s. sat av; tch Title: ,ittornev in fa Date: The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this obligation. Exhibit C Page-4 ~., ,. ~ i. ., r (' 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 Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and ali bonds, undertakings, recognizances or other wdtten 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 eMent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following 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 ice 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 suds 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. oa~\~jPO O~'Oy•. m: ~O g9.~.yc: ,3~ • a'• 1933 ~ ti ; •....• MERCHANTS BONDING COMPANY (MUTUAL) ~f ~~ President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duiy sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing insWment, and that the Seal affixed to the said instrument 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. to Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH ~/~„ ~~ Commission Number 173604 llW~~~~~---'^"(/~/ My Commission Expires March 16, 2009 Notary Public, Pdk 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 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 se[ my hand and affixed the seal of the Company on this day of ....., oap~N~~ O~A9'. P . m, v0 '~i.:y„c ~r".t= _o_ m. o;~• a•: 1933 ; c; _ Y. . y''d POA 0001 (1/06) '• dK,••~ •.'`,~.a~;• •..... ~~~ ~/~~ Secretary EXHIBIT E ITEMIZED PROPOSAL TO: City of Riverside, Mo. 1. .The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by and in conformity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of the Base Bid and Alternate 1 lump sum prices listed at the end of the Unit price Bid Schedule. UNIT PRICE BID SCHEDULE Bidder shall complete the work for the aforementioned lump sums based on the following quantities and unit prices. Quantities indicated are estimated and not guaranteed. The quantities and the unit prices are solely for comparing bids, providing a schedule of values for progress payments and as an aid in change order preparation and evaluation. Bidders shall provide bids for all line items listed: BASE BID A14.. lt~m 1. Mobilization 2. Maintenance of Traffic 3. Demolition 4. Clearing and Grubbing 5. Curb and Gutter (CG-1 or CG-2) 6. 2" Asphaltic Concrete (Type 2) 7. 6" Asphaltic Concrete (Type 3) 8. 6" A. C. Parkway Pavement 9. Concrete Drive Approach 10. 4' Wide Concrete Sidewalk 11. Concrete Retaining Wall 12.6'x3'RCB 13. 6' x 3' RCB End Section 14. 9' x 4' Junction Box w/4' Dia. Riser Cliffview Drive Street Improvements Quantity l~nit 1 LS 1 LS 1 LS 1 LS 1844 LF 3574 SY 3574 SY 107 SY 287 SY 564 LF 60 LF 24 LF 1 EA 1 EA , Page 39 4 Unit Price $ DO .pO/Ls $ 7T ~ /LS $ /d___~g~_°9Ls $ /l°. ~ /LF $~/SY $ ~9 ~ /SY $ lpa7 s0 /SY $~/SY $ ,f!~ /LF $ a.SD.pO /LF $~_/LF $~~~ p0 /EA $~ EA Total Estimated Price $ 070000. °O $~ $~a $ 07 SO , O° $ !O 3 c!! $ G~ oa $ /ft'~D. $ 8' ~ as $~T- $,~,c/lo~~ _ $~oa OA Project No. 2-2005-0453 15. 6' x 6' Junction Box 16. 6' x 4' Junction Box 17. 5' x 3' Curb Inlet 18. 5' x 4' Curb Inlet 19. 6' x 4' Curb Inlet 20. 6' x 5' Curb Inlet 21. 8' x 4' Curb Inlet 22. 11' x 3' Curb Inlet 23. 11' x 4' Curb Inlet 24. 11' x 6' Curb Inlet 25. 12" RCP (CL III) 26. 15" RCP (CL III) 27. 18" RCP (CL III) 28. 21" RCP (CL III) 29. 24" RCP (CL III) 30. 30" RCP (CL III) 31. 36" RCP (CL III) 32. 8" PVC Pipe (SDR 26) 33. 8" DIP (ANSI 21.51) 34. Concrete Pipe Encasement 35. 6" Granular Bedding Under Riprap 36. 18" Thick Makeup Riprap 37. Sod 38. Temporary Agg. Surfacing (AB-3) 39. Erosion and Sediment Control 40. Construction Staking 41. Materials Testing 42. Rock Excavation 1 EA 1 1 1 1 1 1 182 53 274 92 63 537 558 40 20 25 520 1 5304 3335 1 1 1 1 EA EA EA EA EA EA EA EA EA LF LF LF LF LF LF LF LF LF LF SY CY SY SY LS LS LS CY S/X HUNDRED ~N~ti`ry fO~~~DUS.4N0 e). 1~JU fi~UrUIJRED S/.f'7`/ S~UE/U .~il/l> /1/D c (W to Out In Words) Cliffview Drive Street Improvements Page 40 $ G,~' .o~ $~~/EA $ , ~~~JJJ///~~~~ lEA $/EA $ 3 e~~. ~/EA $ -~~/EA $ /~~ ~/EA $ ~~ oo /~ $°~/EA $~°° /LF $~/LF 00 $ D~_/LF D~ $~_/LF 00 $~_/LF eo $~_/LF $1yy~° /LF $ ~D, °~ /LF $~/LF $~~ /LF $ /~ 00 /SY $~/CY $ S, ~ ISY $~ °O _rsY $y~~~/LS $~/LS $1°UILS $~a~ /CY -~~, oa $ $ ~ „~ro-d -.~, yarn, ,o $ ~ ~ .~,.~ odr $~~ ~~~ ~~~ /D/J ea $ ~ ~~~~ $ QJ . dd $ 0?4, as $ ~ 49~, $~oa -~~ $ ~- `~ $~ $ ~~ oa $ ioo. ~ $ 6 sao, $ a~s/~~~d ~,~a --~~-- $ aD~ a 6 ($ ~9 O°) Figures) OA Project No. 2-2005-0453 Cliffview Drive Street Improvements Page 41 OA Project No. 2-2005-0453 ~. .. 9 i . ALTERNATE BID o0 D~ 1. 6" Fly Ash Stabilized Subgrade 3574 SY $~.-~SY $ TOTAL ALTERNATE BID ((Base id lus 1 above SF_//F_.i/yUNOR~O T~~~~~'~ ot/s~it/D ~/~/E' HUr1/OREfJ ~4A/l~ S/~'~ ~'~f'E~ /~/UD i1/D CEiUT3 ($ 7 (~g~~~, ~~ ) (Wnte Out In Words) The purpose of receiving unit costs for the above approximate quantities is to allocate costs to the various funding sources and as a basis for determining costs associated with substantial changes in Scope of Work. The approximate quantities were prepared solely for the bidder's convenience. It is not guaranteed that this list of quantities constitutes all items for the completion of the Work. The contract amount for improvements shall be the above stated lump sum as accepted by the City. The undersigned further agrees to begin upon the date stated in the Notice to Proceed, ff this bid is accepted, and to complete all work as provided in Article III in Agreement between the City of Riverside, MO and the Contractor. The undersigned also declares that it understands that ff not preset by the City, the time to begin construction and to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders or other persons, or any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not or will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with the bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has fully examined the Notice to Bidders, and other Contract Documents, and that it has inspected the actual location of the Work, together with the local sources of supply, and satisfied itself to all conditions and quantities, and understands that in signing the Bid it waves all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to furnish the required bonds and insurance certificates and execute an Agreement within (fifteen) 15 calendar days from and after notice of the award of the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement to its rights as to bid security. 5. It is understood the City will pay in a prompt and a timely manner pay estimates when submitted and approved by Engineer and further approved by City Engineer, all as provided in Contract Documents. 6. Undersigned acknowledge receipt of the Plans and Specifications for the project including the following addenda Bidder complete Cliffview Drive Street Improvements Page 42 OA Project No. 2-2005-0453 ». Enclosed is a certified check, cashier's check or bid bond in the amount of which undersigned agrees is DOLLARS ($_~ subject to being forfeited to and becoming the property of the City of Riverside as liquated damages and not as a penalty, together other legal remedies the City may choose to invoke, should the bid be accepted and Contract be awarded to this bidder and it should fail to enter into an agreement in the form prescribed and to furnish the required documents with fifteen (15) calendar days as above stipulated, othervvise the bid security shall be returned to the undersigned upon signing the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED IN ~/l~S/~(/G ~S this ~7 fydayofy) ~~y~ , 2006 Contractor„//,/Q/~' D Title~~SS1§~' ~y~ (SEAL) Address Telephone !, City of Riverside, Missouri City Contract No. ~n-+13-00-25-05-06 Exhibit E Pa a 43 OA Project No. 2-2005-0453 Cliffview Drive Street Improvements g ,~ x ~ ~ Miss®~.ri ~3ivision of Labor Standards WAGE AND HOUR SECTION MATT BLUNT, Governor ~~~al ~ag~ Or~~r loo. 12 Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certifiersonpwho mas Annual Wage Order has been filed with the Secretary of State as indicated below, any p Y be affected by this Annual Wage Order may object by filing an objections in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Oritrinal Signed by Colleen A. White, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With Secretary of State: March 9, 2005_ Last Date Objections May Be Filed: Anril 8, 2005 Prepared by Missouri Department of Labor and Industrial Relations ~., ,. „ 1 i, ,~ i t' REPLACEMENT PAGE Section 063 Building Construction Rates for `*Annual Incremental Increase •SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0. 12 1 d/OS Fringe Benefit Percentage is of the Basic Hourly t2ate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751-34D3. PLATTE COUNTY O'YERTDYIE SCHEDULE BUILDING CONSTRUCTION b'ED: Minirnum requirement per Fair Labor Standards Act means time and one-half (1 ''/s) shall be paid for all work in excess of forty (40) hours per work week. N0.2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:D0 eat. to 12:00 noon, 12:30 p.m. to 430 p m The maximum work week shall be forty (40) hours beginning Monday at 8:00 am. and ending Friday at 4:30 p.m. Because of traffic, parking or other circumstances, the hours of work on any project may be any continuous 8'/z Lours p°.riod (8 hours of work plus 30 minutes for lunch) between 7:00 am, and 4:30 pal. V/Iren circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hour; of 7:00 a.m. and ABerten Monday through Thursday, with one-half (%x) hour allowed for a lunch period each day. Friday may be used as a make-up day (10) hours in a workday, ar forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1 %z) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one-half {1'/z) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate of pay. Labor Day shall be paid at Triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) Lours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and perform seven and one-half (7%) hours work for eight (8) hours pay. Third drift employees shall be paid an additional $0.50 above the regulaz homiy rate andwork seven (7) hours for eight (8) Lours pay. In the event a first shift is not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. N0.13: Means a regular workday shall consist of eight (8) Lours between 8:00 am. and 4:30 p.m. Forty (40) hours, within five (5) days -Monday through Friday inclusive -shall constitute the regular workweek.' The Employer may alter the above stated hours by two (2) Locus for an early starting and grritting time only, not to exceed eight (8) hours ofwark in any one day. The employer may institute a work week consisting of four (4) consecutive ten (10) Lour days between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (4D) hours in a workweek, overtime shall be paid at a rate of one and one-half (1%) times the regular rate of pay. The first four {4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) Lours of overtime on Saturdays shall be paid for at one cad one-half {1 %z) times the regular straight time rate of pay. All other work performed outside of the regularly scheduled working hours and outside oftbe first ten (10) Lours worked on Saturdays shall be paid for at double (2) the regular straighttime rate of pay. Sundays and the recognized holidays shall be paid for at double {2) the mgulaz straight time rate of pay, ifworked. Shift work performed between the hours of 4:30 par. and 12:30 a.m. (second shift) shall be paid at eight (8) hours pay at the regular hourly rate plus ten (10%) percent for seven and one-half (7%z) hours work. Shift work pedornred between the hours of 12:30 am and 8:D0 sal. (third shift) shall be paid at eight (8) hours pay at the regular hourly rate plus fifteen (15%) percent for scven (7) hours work. A lunch period of thirty (30) minutes shall be allowed on each shift All overtime work required after the completion of a regular shift shaII be paid at one and one-half (1 %z) limes the shift hourly rate. N0.14: Means eight (8) hours per day shall constitute a day'swotk. The regular starling time shall be 8:00 am, and the regular quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m The regul~ ~tamrh~g time may, by mutual consent of employees on the job site, and the employer, be between 7:D0 a:m. and 9:OP am with a ro ad'ustmerrts made to the regular quitting tune and lunch time. AU time worked before the regular starting time and after fire regular quitting time, Monday through Friday, shall be paid ffi the rate of time end one-half (1'/:). All work cotmnencing whh tLe beginning of the established work day on Saturday .shall be paid at the rate of time and one-half (1'/). All work comma~cing with tLe begimrurg of tLe established work day on Sundays and/or Holidays shall be paid atthe rate of double (2) time. N0.17: Means the regular working day shall consist of eight (8) hours of labor between eight (8) s.m. end five (5) p.m. and the reguLv work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of eacL week All full-time or part-time labor perfomred during such hotus shall be recognized es regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work performed outside of regular working hours during the regular work week, shall be at double (2) times the regulaz rate. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of six (~ a.m. and five (5) p.m., Monday through Thursday. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not to work may not beheld against the employee. Wlren working four (4) ten (10) Lour days overtime will be paid at the time and one-Calf (1 %:) rate for the eleventh (1I'~ and twelfth (12u') Lour, all other work wIll be paid at the double (2) time rata of pay. The fast two (2) hours of overtime, Monday tluuugh Friday, and the fast eight (8) hours on Saturday Stall be at time and one-Calf (I'h} for all work. All other overtime shall be at double (2) time. The fast two (2) Lours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regulaz work day are at time and one-Calf (1'/:). The regular workday (as previously defined) on Saturday is paid recomgnized holiday sf or days ocally observed as such, and Swdayssl all bedpaid at the double (2)utime rate of pay~TLe starting time may be varied by one (I) hour, ANNUAL'WAGE ORDER N0.12 Page ] of 5 Pages AW ] 2 063 OT.doc '„ PLATTE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION N0.4G: Means the regular wort: day shall be eight (8) hours from G:00 am. to 6: 30 p.m. Starting time may be between 6:00 am. and 10:00 am. The regular work weal: shall be forty (40) hours, beginning betwcen 6:DD s.m. and 10:00 am. on Monday and ending between 2:30 p.m. and 63D p.m. on Friday. All hours in excess of the regular work day and work week shall be considered overtime. Overtime on days recogniud as regular work days and on Saturday sha116e paid for ffi the rate oftime and one-half (1'h) the regular rate. Sunday and recognof oaro4dadys sh~onda ~hrour Thursd~ Desch daeconsrestin often {IO) hours ffi stmightltime rate of PaY lis~e 410's meust consisting () Y~ Y ~ ~'' Y g run for a period of at least four (4) days. NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday though Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day's work Starting time shall not be earlier than 7:00 am. nor later than ] 0:00 aar. Forty (40) hours shall constitute a weel.~s work. Overtime at the rate of time and one-half (1'/s) will be paid for all work in excess of forty (4D) hours in any one work week On the Monday through Friday schedule, all work performed on Saturday will be tune and one-half (1'/:) unless time has been lost during the week, in which case Sadaday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half{1 h) unless time has been lost during the week, in which case Monday will be a make-up day to the extent of the lost time. Ate' work performed on Sunday will be double (2) time. If employees work on any of the recognized holidays, they shall be paid time and one-half (1%z) their regulaz rate of pay for all hours worked. NO. 5D: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid ffi time and on~half (I%z) except for exclusions stated in some following additional sentences. The Employer, ffi his discretion, may start the work day between 6:D0 am. and 9:00 am. Arry schedule chosen shall be started at the beginning of the work week (Tvfonday) and used for at ]east five days. Work may be scheduled oa a four (4) days aweek (Monday through Thursday) at ten (1 D) hours a day schedule. If such a schedule is employed, then Friday may be used as a make-up day when time is lost due to inclement weather. Time and one-half (1'/z) shall be paid for arty work in excess of eight (8) hours in any regular work day Monday through Friday unless working 410's, then time and one-half (1'/:) after ten (10) hours. All workperformed on Saturday will be time and one-hslf (I'/s). Double (2) time shall be paid for all work on Sundays and recognized holidays. NO. 52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall wnsist of a eight (8) hour period, to be warked between the agreed upon starting time, and ending no later than 430 p.m. The agreed upon starting time shall be anytime between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer to use a four (4) day, ten (10) hour work week Days worked shall be Monday $rrough Thursday or Tlresday through Friday. If the job requires men on duty al] frve (5) days, then part of the crow may work the first four {4) days and the remainder of the crew may work the last fora (4) days. Hours each day shell be from 7:00 am. to 5:30 p.m Interested party's on the project must agree to this clausc before it may be used. Once this clause has been put into effect, it shall remain as long as the majority of the Employees on tare project and the Employer agree to keep it. Tire four (4) day clause shall not be used to circumvent a Holiday. Except as otherw sYiaplt be ffi the follorwing~rates of pay;ide the regular working hours and performed during the regular work week (Monday through FnD ) ~~~ Day (or days observed as such) Holida s-New Year's Day, Memorial Day, Independence Day, Thanksgiving ay, shall be recognized as Holidays that shall be paid ffi two (2) times the regular rate of pay. abor a -No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shell be at three (3) times the regular rate ofpay. Overtime-Work performed outside of the regular work day (the regular worlcdey shall consist of an eight (S) hour period, to be worked between the agreed upon starling lime, and ending not Iffier than 430 p.m. The agreed upon starting time shall be any time between the hours of 6:00 am. sad 8:00 e.m., by mutual consent of the interested party's.), shall be:. A. Hours worked Monday throvglr Friday, the first two (2) hours of overtime will be paid ffi time and one-half (1'/:). All other overtime will be paid at the double (2) time rate. B. The first ten {10) hours worked on Sairaday wr71 be paid ffi time and one-half (1%), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except Labor Day) shall be paid ffi the double (2) time rate. N0. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work The regular starting time shall be 8:00 am. The above may be changed by mutual consent of suthoriud Personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days attire regular rime mte of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) ]roars, Monday though Friday, ell time worked on Saturday, shall be paid at the rate of time and one-half (1 %) except in cases where work is part of an employee's regu]az Friday shift Al] time worked on Sunday and recognized holidays shall be paid at the double (2) time mte of pay. ANNUAL WAGE ORDER N0.12 Page 3 of 5 Pages AW ] 2 083 OT.doc PLATTE COUNTS' OVERTIME SCHEDULE BUILDING CONSTRUCTION NO. 88: Means the regular work week shall consist of five (5) eight (8) how days, 8:00 am. to 430 p.m., Monday through Friday, except when the work week is scheduled as a 410's week or as a week with start time advanced or delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m. The advanced or delayed starting time must run for a period of ffi least five (~ days. The Employer may establish a work week consisting of four (4) days, during the regular work week, each day consisting often (10) hours at straight time. The 410e mum rumnk as M da° dough Friday (omen hours in a 410's~week)) The be paid for any work in excess of eight (8) hours in ally g y y all work over eight (8) hours on Saturdays and all first eight (8) hours of work performed on Saturday shall be time and one-half {l%z), work (except emergency work) on the Satwday of a ihreaday weekend shall be double (2) tone. Double (2) time shall be paid for all time worked on Sundays and recognized holidays. N0. 95: Means a regular workday shall consist of eight and one-half (8'/z) hours elapsed lime, including one-half how for lunch. The crew starting times shall be flexible within the period of daylight to B:00 e.m. Arry work performed over nine and one-half (9'/:) hours of elapsed time per day including one-half how for lunch and/or arty work performed over forty (40) hours at the straight time rate in one discretion oftheazcontractor and whh the conscn of the~emptloyees Sunday dd rre~ognized holidays she be par'd for at d able {2) time.~e N0. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-how days shall constitute a week's work, Monday through Friday. Time and one-half (1'/:) the regular howly rate shall be paid for all work performed in excess of eight (8) hours in any one day or forty (40) hours in arty ono week Starting ttme shall be between 6:00 am. and 9:00 e.m. All work over eight (8) hours in a regular 5-day B-hour schedule shall be at the appropriate overtime rate. All time worked before the regulaz scheduled starting time shall be paid for at the rate of time and one-half (1'/=) and shall not apply to regular shi8 All iime worked a8er eight (8) hours in any one day or a$er 5:30 p.m., whichever comes first, shell be paid at the lime and one-half (1%) rate. An Employer, ffi his option, may elect to work four (4) ten (10) how days, Monday through Thursday, ffi straight t®e. All such work must be done ffi least one week in duration. All work over ten (10) hours in one day or forty (AO) hows in a week shall be at the overtime rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday (Friday if working 410's) as a melee-up day ffi the straight lime rate of pay. When an employee is required to work on any recognized holiday they shall receive the double (2) time rate for all time that they are required to perform work. All tune worked from 12:00 Midnight Satwday to 12:D0 Midnight Sunday shall be paid for ffi the rate of double (2) time on single shift. ANNUAL WAGE ORDER N0.12 page 5 ofs Pages AW12 083 OT.doe PLATTE COUNTY HOLIDAY SCHEDULE-BUILDING CONSTRUCTION N0.2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate ofpay. N0.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall' be paid at the double time rate ofpay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. N0.7: All work done on New Year's Day,lVlemorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate ofpay. If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. N0.22: Al] work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday fails on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double (2) time rate ofpay. N0.32: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas shall be paid at the double time rate ofpay. When one ofthe-above holidays falls.on Sunday, thefollowing Monday shall be observed and when one of the above holidays falls on Saturday, the preceding Friday shall be observed. N0.33: All work done on New Year's Day, Memorial i3ay, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate ofpay. Labor Day-shall be paid at the triple (3) time rate ofpay. If the holiday falls on Sunday, the following Monday will be.observed; if the holiday falls on Saturday, the preceding Friday will be observed. N0.39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and-any ofthese holidays falling on Saturday, the preceding Friday shall be a holiday. N0.49: The following days shall be observed as Legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christras Day, Employee's birthday and two {2) personal days. The observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time & one-half (1'/s) their regular rate ofpay for all hours worked. ANNUAL WAGE ORDER N0.12 Page 1 of 2 Pages AW012 063 BHoI Heavy Construction Rates for REPLACEMENT PAGE Section OB3 „~ .,-rte ~..,....,. ran i i ~ vvui ny OCCUPATIONALTITLE ective Date of Increase asic Hourly Rates ver- Time Schedule Holiday Schedule Total Fringe Benefits CARPENTER Joume men Millwri hi Pile Driver Worker 4/D5 4/D5 4/05 $30.00 $30.00 $30.00 1 1 1 17 17 17 $9.48 $9.48 $9.48 OPERATING ENGINEER Grou I Grou I1 Grou Ill Grou IV Oiler-Driver $26.49 $25.45 $25.45 $20.98 $24.33 3 3 3 3 3 2 2 2 2 2 $10.77 $10.77 $10.77 $10.77 $10.77 CEMENT MASON $22.10 3 2 $12.10 LABORER General Laborer Skilled Laborer $22.38 $23.59 3 3 2 2 $8.79 $8.79 TRUCK DRIVER-TEAMSTER Group I Grou II Grou III Grou IV $24.11 $24.11 $24.11 $24.11 3 3 3 3 2 2 2 2 $8.75 $6.75 $8.75 $8.75 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 'Annual Incremental Increase ANNUAL WAGE ORDER NO. 12 7105 PLATTE COUNTY OVERTIME SCHEDULE-HEAVY CONSTRUCTION NO.1: Means (8) hours shall constitute the regular work day between time that maybe advanced or delayed by two (2) hours on either side of 5:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting often (10) hours straight time. The four (4) tens (1 Os) mus4 run for a period of at Ieast four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1'/z). All work performed on Saturday shall be paid at time and one- half (I'/z). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (S) hour work day, or ten (10) hour work day, as described about shall be paid at time and one-half (1'/z) the regular rate. N0.3: Means a regulaz work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time & one-half (1'/z). VJorlcers shall receive time and one-half (1'/)for all work performed on Sundays and recognized holidays. Doublc (2) time shall be paid for work performed on Sundays or recognized holidays when and only if any other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work, in which event, the starting time maybe delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty two (32) hours in that week shall be paid at the rate of time and one-half (1'/:). ANNUAL WAGE ORDER N0. 12 AW012 063 HOT Page 1 of IPagea PLATTE COUNTY HOLIDAY SCHEDULE -HEAVY CONSTRUCTION N0.2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day and Christrnas Day, or days observed as such, and Sundays shall be paid at the rate of time and one-half (1'/s). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other craft employees of the same employer at work on that same job site aze receiving double (2) time pay for that Sunday or holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shai] be observed. Where one of the specified holidays falls or is observed during the work week, then all work performed over and abovethirty-two {32) hours in that week shall be paid at the rate of time and one-half (1%s). N0.17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christrnas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one ofthe holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1 %i). Awo12IIIioI ANNUAL WAGE ORDER N0. 12 Page 1 of 1 Pages y , _.+ .. ,...a.ate.-a::......L:«M1aui%`....,L-6. ......-. _..... .r : r I i . •4. ','; i :.x `: ;.~_. , yw :::': : r14. + e .i r ~~,. I ai l ?S., ~: ~txx~e IT:L ~t~$i11XZ'i EXEMPTION FROM MISSOURI SALES AND USE TAX DN PURCHASES Issued to: Missouri Number: i Tax ID 124 93121 CITY DF RIVERSIDE Efifective Date: ' 295D NW VIVIDN RD - -. ' RIVERSIDE MD 64150-1H0;2.. -::.':',..":_...:;,'.';~`' .~: ,:~ •:.'~.: 07/11 /2D 02 .. r ..,~ Your applicat:i;n.n~ for' •sales;/ds+e '' ta'x' ~exem'.pt~'stat~u•s,_ha~s been approved persuant to.:s:e•ctio~~ 144,.•D30.i, R51•!o. •Thi:•s Ie,tte'r~-is~•~•i'.s:sued as documentat_,on of~::~your~-exempt status:. ,; „ - :' _ ;:. ,, .. ,.. :' ~ ~ 4i Purchases`'b.y your Agency;..are'.;no~t ~vb3ec&°~to sales or' °us~e;'tax if withi~n'''the-~~wcon_duct o~~;';yoyr.'•--J.IAe.n;~]"~~~h";-e.~'empt func.tio,ns ;. f: and acti•v~'ti}es. ~~~rWhen pur~'c:ha~i`n•:~`:"'~'•a.~~h' this<:exempt~z:on, furn'5~sh ,.._. , all sel"hers :or ,vendors',~a c.o:py:.o_'f;:,,;;EFhas; le~t~ter.:. This. exEmpit~::on may n o'k~ bye irs e d; ;Ji y i n d i v i d u:arJ: s: ~m:a~7~~.yn,g ~•p:er s on a l p u r•c'N a s ers . `' :~~ A contractor maY: Purchase .~.r%~-.p_a,~!,~'F•o~r.zp:n$truction :.materr.3aZ:~:. exempt from sa'ke's :t:ax when fulfill,.a;Ag`'a. c~.ntra,y~ tiurit( your-: •Ag@,ncy so~~ly if your. A~en.cy 'issues •,a pro~eec~~-ex~em:~!;~~,o.,n ter!tifiicat'•e a•rld ~'E,h!e contrac~co,r, °makes•:,pur.ch•asps=..~p•;,~omp1'ia,Mrc~e•.:wd.~th the p:rov5sin+rls: o f s e c t~:n 1••4'4.0+6;2 R S M~.od~ "'~" " ~*° `~~`' .. dyy,; •• t.. +:tf"i:»ar,~x:~v ••°},.::.~y~,F~. •e,cy.., ~ /" F.,`:.;~" +~-Gn + , G. i:~ _ .s...w r Sales byl°v,~-un">Agency are s'ubd'e,c~tV,~_n;~,,.k"akl:L.. applicable<' state -.a~:a:d local salee's'~tax•es. If you eri-g•a~g,ewa;n.:~t'he business of •seZSJ;:fig tangible `pe;r,so'nal property or taxable services at r~~~a,5,~;y:: you must obtai~ri.':a;.M'%ssouri "Retail..;$a1•es •Tax License a,It;d col7;ect and remit salest"'`tax.. r~"" ,E :~ •~'•+ ~•••' ~+ r...' f i i ~: Y . .i This is a cont2.nyvi:~g eyeemp:tion' `sd`b:7-ect to: le,gls]~V.ra,~"~°'v~e changes and review by tti~e tDa.r,ectot"r ~.of r,~~ev,ena~,ers,,; ~`'~F'you~r,w,g?;e~~'ncy ceases to qualify as an axe'ro~?:;r:.e.ntztV', `F~li'i`s'exemptz,~;nr~fwi~i~7.1 cease to be t •~• valid. This exemptaari::%s~•'.:niot:;ass,g.n.a:b.1:e,~'o:f..;~'ra'nsferable. It is an exemption from sa1~s~~atnd;;.lisei,;;f•a.~`e~;~ri'n1Y and is net an .:.: exemption from real or pers•ona•T'' P'POp'erty tax. Any alteration to this exemption letter renders it invalid. If you have any questions regarding the use of this letter, please contact the Division of Taxation and Collection, P.O. Box 3300, Jefferson City, MO 65105-330 D, phone 573-751-2836. '.. ... ~ ~. yl +: 1 1 i , i I I t f !~ f [ouo,o> FA~;IJ1r; ~ ~ .N: iP;11.1:J; ' i ~ t F *4: ~:, ::Y •.t;..'. ©IVISON 1-G~tJ~RAL REQUIRIVIENTS Cliffview Drive Street Improvements Page 43 OA Project No. 2-2005-0453 ~. .. ~ 01015 CONTRACTOR USE OF PREMISES: A. The Contractor shall confine allow construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside of the project limits are the responsibility of the Contractor. B. If the Contractor desires access to the private .property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to both the City and the. Engineer prior to accessing the private property. C. A contractor trailer shall be provided fro use by the Engineer and Contractor during the duration of the project. Minimum size shall be 200 square feet. It may be mounted as either a trailer unit or on skids so that it can be readily moved. It shall have at least one (1) eight-foot worktable and two chairs. It shall be capable of keeping a constant temperatwre between 65 and 75 degrees F and shall have adequate lighting. No separate payment will be made for the contractor trailer, and it shall be considered subsidiaryto other bid items. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders are required to visit the site and inform themselves of all conditions presently existing. Failure to visit the site in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the drawings and specifications. B. Measurements: All dimensions shown shall be verified by the contractor. Any discrepancies between the drawings and the existing conditions shall be referred to the Engineer for adjustment, before the work is performed. For convenience, most drawings are made to scale. However, certain parts of drawings may be exaggerated fqr clarity, so construction must be done only from calculated dimensions; never scale the drawings. C. Protection of Monuments: The Contractor must carefully preserve benchmarks, references or stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused. by their unnecessary loss or disturbance. D. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible, financially and otherwise for: 1. Any and all settlement for trench and other backfill which may occur from the time of original backfilling until the expiration of a period of one year from and after the date of final acceptance of the entire contract under which the backfilling work was performed. 2. The refilling and repair of all backfill settlement. and the repair or replacement to the original or a better condition of all pavement, top surfacings, driveways, walks, surface structures, utilities, drainage facilities, sod an shrubbery, which have been damaged as a result of said backfill replacement operations. 3. The contractor shall make, or cause to be made, all necessary backfill replacements and repairs or replacements appurtenant thereto, within 30 days from and after due notification by the Engineer or Owner of bac~ll settlement.and resulting damage at any designated location or locations. E. Breakace and Damaqe: The contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by his operations and he/she shall, at his/her own expense, in a manner approved by the Engineer any such broken or damaged material. Cliffview Drive Street Improvements Page 44 OA Project No. 2-2005-0453 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. All utility owners .with facilities within the project limits have been notified. The contractor is responsible for notification of and coordination with the owner of each utility with respect to removal and capping of their facilities. B. The Contractor shall be responsible for obtaining all necessary city, county, state or national permits required to complete the work included herein, and shall pay for any and all inspections and permit fees as required by the City engineer or other involved agencies. C. In addition to the above said coordination responsibilities, the Contractor shall attend progress meetings as requested by the Coty Engineer. No direct payment will be made for this item but shall be considered subsidiary to other bid items. 01043 JOB SITE ADMINIISTRATION: A. The Contractor, or a duly authorized representative to act for him, shall continually be present at the site of the work, whenever demolition activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, his duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the City, Engineer, and Contractor regarding the signing of pay estimates, change orders, work day reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Engineer shall be notified, in writing, within five (5) working days of any changes in the Contractor's representative(s). 01051 CONSTRUCTION SURVEY AND STAKING: A. G ner • The Contractor shall be responsible to provide for all required surveys. B. Monuments: The Contractor shall furnish and install such materials, surveyors, and assistance as necessary for the proper replacement or resetting of monuments, section corners, property corners, benchmarks, or other reference points that are moved or destroyed by the construction. Replacement or resetting of the items described above shall be conducted under the direct supervision of a Registered Land Surveyor, C. Lavout: Any work done without being properly located and established by base lines, offset stakes, benchmarks or other basic reference points may be ordered removed and replaces at the Contractors cost expense. 01060 REGULATORY REQUIREMNTS: A. ner I: The work shall conform to the plans and contract specifications as outlined. The standard specifications and plans which govern this work are listed below. B. Standard Soecifications: Except where noted otherwise, the work shall conform to the APWA Standard Specifications and Design Criteria, Division II. The APWA Standard Specifications are available for purchase through American Reprographics Inc. (221-1776) C. Plans: Plans are included in Appendix A. Cfiffview Drive Street Improvements Page 46 OA Project No. 2-2005-0453 ~., .. ~ 1( ~ "' ~ 'r Z DIVISION 2 -PROJECT SPECIAL PROVISIONS Cliffview Drive Street Improvements Page 48 OA Project No. 2-2005-0453 ~., PROJECT SPECIAL PROVISIONS These Special Provisions will govern the following items of work on this project. For items of work not listed, the MoDOT Standard Specifications will govern. Index of Project Special Provisions 1. Mobilization 2. Maintenance of Traffic 3. Demolition 4. Clearing and Grubbing 5. Curb and Gutter (CG-1 or CG-2) 6. 2" Asphaltic Concrete Type 2 Surface Course 7. 6" Asphaltic Concrete Type 3 Base Course 8. 6" Thick Asphaltic Concrete Parkway Pavement 9. Concrete Drive Approach Replacement 10. 4' Wide Concrete Sidewalk 11. Concrete Retaining Wall 12. 6'x3'RCB 13. 6' x 3' RCB End Section 14. 9' x 4' Junction Box w/4' Dia. Riser 15. 6' x 6' Junction Box 16. 6' x 4' Junction Box 17. 5' x 3' Curb Inlet 18. 5' x 4' Curb Inlet 19. 6' x 4' Curb Inlet 20. 6' x 5' Curb Inlet 21. 8' x 4' Curb Inlet 22. 11'x 3' Curb Inlet 23. 11' x 4' Curb Inlet 24. 11' x 6' Curb Inlet 25. 12" RCP (CL III) 26. 15" RCP (CL III) 27. 18" RCP (CL III) 28. 21" RCP (CL III) 29. 24" RCP (CL III) 30. 30" RCP (CL III) 31. 36" RCP (CL III) Cliffview Drive Street Improvements Page 49 OA Project No. 2-2005-0453 ~., , ~ ~. ,, 7 r. 1. MQBILIZATION Mobilization will include all project initiation, general conditions and demobilization work. Payment: Payment for all labor, materials and equipment needed to mobilize for the project as described in the contract documents will be made at the contract lump sum price for "Mobilization". Progress payments will be made based on the percentage complete of this bid item, except that the initial payment may not exceed 60% of its total value and subsequent incremental payments may not exceed 10%. 2. MAINTENANCE OF TRAFFIC Two lanes of traffic, as shown in the construction phasing plans, shall remain open to through traffic at all times during construction. This bid item shall consist of furnishing and maintaining traffic control devices and providing flagmen as deemed necessary by the Contractor to safely construct the work. Barricades and signs shall be designed in accordance with MoDOT Standard Plans for Highway Construction. All traffic control devices used shall comply with the MUTCD and shall be removed after completion of the construction. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be. made at the contract lump sum price for "Maintenance of Traffic". Progress payments will be made based on the percentage complete of the project. 3. DEMOLITION This bid item consists of the removal of existing roadway pavement, curb and gutter, storm sewers and appurtenant structures, and miscellaneous pavements and structures within the project construction limits as shown on the plans in accordance with the provisions of Section 2100 "Grading and Site Preparation" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor,- materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price for "Demolition". Progress payments will be made based on the percentage complete of the bid item. 4, ['I FaRING AND GRUBBING This bid item consists of the clearing and grubbing work required. to prepare the site in accordance with the provisions of Section 2100 "Grading and Site Preparation" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). All areas within the construction limits shall be cleared and grubbed as necessary. The Contractor shall clear and grub only those areas required to complete his work. Payment: Payment for all Isbor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price for "Clearing and Grubbing". Progress payments will. be made based on the percentage complete of the bid item. 5. CURB AND GUTTER (CG-1 or CG-21 This bid item consists of the materials and work required to construct curb and gutter at the proposed roadway lines and grades in accordance with the provisions of Section 2200 "Paving" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "Curb and Gutter (CG-1 or CG-2)" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. Cliffview Drive Street Improvements Page 51 OA Project No. 2-2005-0453 Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be-made at the contract lump sum price based on the unit price per estimated linear foot of "4' Wide Concrete Sidewalk" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 11. CONCRETE RETAINING WALL This bid item consists of the materials and work required to construct the concrete retaining wall as shown on the plans including excavation, drainage system, rock backfiil and earth surfacing in accordance with the provisions of Section 2700 "Structures" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA) and Sections 206, 501 and '706 of the Standard Specifications for Highway Construction of the Missouri Department of Transportation. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "Concrete Retaining Wall" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 12. 6'x3'RCB This bid item consists of the material and work required to install the 6' x 3' reinforced concrete box including excavation, bedding and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Spec cations and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "6' x 3' RCB" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 13. 6' x 3' RCB END SECTION This bid item consists of the material and work required to install the 6' x 3' reinforced concrete box end section including excavation, bedding and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Spec cations and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association _ (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at'the contract unit price per each installed of "6' x 3' RCB End Section". 14. 9' x 4' JUNCTION BOX W ITH 4' DIA. RISER This bid item consists of the material and work required to construct fabricate and install the junction box including excavation and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard `Spec cations and Design Criteria of the Kansas City Metropolitan Chapter of the Americas Public Works Association (APWA). Payment: Payment for ali labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract unit price per each junction box installed of "9' x 4' Junction Box with 4' Diameter Riser". 15. 6' x 6' JUNCTION 8OX This bid item consists of the material and work required to construct fabricate and install the junction box including excavation and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Cliffview Drive Street Improvements Page 53 OA Project No. 2-2005-0453 21. B' x 4' CURB INLET This bid item consists of the material and work required to construct fabricate and install the APWA Type 2 curb inlet including-excavation and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Spec cations and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract unit price per each junction box installed of "8' x 4' Curb InIeY'. 22. 11' x 3' CURB INLET This bid item consists of the material and work required to construct fabricate and install the APWA Type 2 curb inlet including excavation and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract unit price per each junction box installed of "11' x 3' Curb Inlet". 23. 11' x 4' CURB INLET This bid item consists of the material and work required to construct fabricate and install the curb inlet including excavation and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment heeded to perform the work as described in the contract documents will be made at the contract unit price per each junction box installed of "11' x 4' Curb Inlet". 24. 11' x 6' CURB INLET This bid item consists of the material and work required .to construct fabricate and install the APWA Type 2 curb inlet including excavation and backfill as .shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Spec cations and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract unit price per each junction box installed of "11' x 6' Curb Inlet". 25. 12" RCP (CL III) This bid item consists of the material and work required to install the pipe including excavation, bedding and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract-lump sum price based on the unit price per estimated linear foot of "12" RCP (CI III)" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. Cliffview Drive Street Improvements Page 55 OA Project No. 2-2005-0453 31. 36" RCP (CL III) This bid item consists of the material and work required to install the pipe including excavation, bedding and backfill as shown on the plans in accordance with the provisions of Section 2600 "Storm Sewers" of the Standard Specifications and Design'Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "36" RCP (CI III)" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 32. 8" PVC PIPE (SDR 261 This bid item consists of the material and work required to install the ductile iron sanitary sewer pipe including excavation, bedding, connecting to the existing sewer and backfill as shown on the plans in accordance with the provisions of Section 2500 "Sanitary Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA) as adopted and supplemented by the City of Kansas City, Missouri Public Works Department - 7/1/98, 1/1/04, 1/1/05, 10/1/05 and 4/1/06. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "8" PVC Pipe (SDR 26)"shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 33. 8" DIP (ANSI 21.511 This bid item consists of the material and work required to install the ductile iron sanitary sewer pipe including excavation, bedding, connecting to the existing. sewer and backfill as shown on the plans in accordance with the previsions of Section 2500 "Saritary Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA) as adopted and supplemented by the City of Kansas City, Missouri Public Works Department - 7/1/98, 1/1/04, 1/1/05, 10/1/05 and 4/1/06. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "8"DIP (ANSI 21.51)".shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 34. CONCRETE PIPE ENCASEMENT This bid item consists of the material and work required to install the sanitary sewer pipe concrete encasement as shown on the plans in accordance with the provisions of Section 2500 "Sanitary Sewers" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA) as adopted and supplemented by the City of Kansas City, Missouri Public Works Department - 7/1/98, 1!1/04, 1/1/05, 10/1/05 and 4/1 /06. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated linear foot of "Concrete Pipe Encasement" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. 35. 6" THICK GR4NtJ~ AR BEDDING UNDER RIPRAP This bid item consists of the material and work.required to install the granular bedding material under the 18" thick riprap to be placed on the restored Line Creek Channel Bank in accordance with US Army Corps of Engineers and Riverside Quindaro Bend Levee District standards and specifications as noted on the plans. Cliffview Drive Street Improvements Page 57 OA Project No. 2-2005-0453 ~., 40. CONSTRUCTION STAKING This bid item consists of the material and work required to layout and stake the street and related improvements so that they may be constructed to the proposed lines and grades as shown on the plans. Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price for "Construction Staking". Progress payments will be made based on the percentage complete of the bid item. 41. MATERIALS TESTING This bid item consists of all materials testing required to verify the work performed in accordance with the provisions of Sections 2100 "Grading and Site Preparation", 2200 "Paving", 2300 "Incidental Construction", 2400 "Seeding and Sodding", 2500 "Sanitary Sewers", 2600 "Storm Sewers" and 2700 "Structures". Payment: Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price for "Materials Testing". Progress payments will be made based on the percentage complete of the bid item. Alt. 1 FLY ASH STABILIZED SUBGRADE This alternate bid item consists of the material and work required to construct a 6 inch thick fly ash stabilized subgrade under the proposed new street pavement. The work includes: scarifying the top 6 inches of the existing subgrade and/or placing new subgrade soil as required to meet the proposed lines and grades; mixing fly ash with the subgrade soil at an application rate of 15% Class "C" fly ash by dry weight of mix; and compacting the mixture in accordance with the provisions of Section 2200 "Paving" of the Standard Specifications and Design Criteria of the Kansas City Metropolitan Chapter of the American Public Works Association (APWA). Payment: Payment for all labor, materials and equipment needed to perform the work as described in the contract documents will be made at the contract lump sum price based on the unit price per estimated square yard of "Fly Ash Stabilized subgrade" shown in the itemized proposal. Progress payments will be made based on the percentage complete of the bid item. Cliffview Drive Street Improvements Page 59 OA Project No. 2-2005-0453 ~„