HomeMy WebLinkAbout2005-115 - Construction Contract with Barkley Asphalt Co for the NW Mattox Rd Overlay ProjectBILL N0.2005-115 ORDINANCE N0.2005-115
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A
CONSTRUCTION CONTRACT WITH BARKLEY ASPHALT CO. INC. FOR
THE NW MATTOX ROAD OVERLAY PROJECT 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 the NW
Mattox Road Overlay project and;
WHEREAS, the City advertised and received multiple bids for the NW Mattox
Road Overlay project and;
WHEREAS, at its November 1, 2005, meeting the City's Board of Aldermen did
approve the bid of Sixty-Eight Thousand Five Hundred Seventeen Dollars and No Cents
($68,517.00) for the construction services; and
WHEREAS, Barkley Asphalt Company 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 Barkley Asphalt Company Inc.
to perform the construction services, and shall pay to Barkley Asphalt Company Inc. an
amount not to exceed Sixty-Eight Thousand Five Hundred Seventeen Dollars and No
Cents ($68,517.00) for such construction services which are described in the bid form
attached hereto as Exhibit A (the Bid Form").
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 1st day of November 2005.
ATTES .
C' erk
~~~~
Mayor Pro Tem
~ .r .. ~ n G, a ~ T ,.
AGREEMENT
BETWEEN
CTTY OF RIVERSIDE AND
FOR
COMPLETION OF
MATTOX ROAD OVERLAY
CONTRACTOR: BARKLEY ASPB.ALT CO. INC.
CONTRACT NO.: 330-557-00-30-07-05
CONTRACT PRICE: $68,517.00
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CONTRACT NO. 330-537-00-30-07-OS
AGREEMENT BETWEEN CTTY OF RIVERSIDE AND CONTRACTOR
MATTOX ROAD OVERLAY
THIS AGREEMENT, made and entered into as of the 21~` day of October, 2005 by and between the City of
Riverside, Missouri ("City"), and BARKLEY ASPHALT CO. INC.("Contractor"), shall govern all Work to
be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2005-110 duly approved November 1, 2005
and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or
more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the
City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this
Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist
Administrator in performing Administrator's functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials,
supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work,
in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and 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
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.
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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 ($68,517.00) SIXTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN
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.~~ 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 forty-five (45) working days after the date indicated in the
Notice to Proceed for commencement of performance of the Work. A working day is any day, except
Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six (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 ~ tted by weather conditions or any
other conditions affecting completion of the Work.
D. Recovery of liquidated damages is not ity's exclusive remedy for Contractor's failure
to achieve Substantial Completion in accordance with thi Agreement. Specifically, but without limitation,
City may exercise its rights under Paragraph below and Article XIII of this Agreement under all
circumstances described in Paragraph and Article XIII, including but not limited to Contractor's failure to
achieve Substantial Completion in ccordance with Paragraph C above,
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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
Pazagraph 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 aze 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 similaz 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 similaz submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from errors or
omissions of any kind on the approved submittals.
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated
by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
City and Contractor, and are the Contract Documents:
1. This AGREIIVIENT BETWEETT CITY OF RIVERSIDE AND CONTRACTOR
2. SCOPE OF WORK (Exhibit A to this Agreement)
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3. The SPECIFICATIONS & DRAWINGS refemad to in Exhtbit B to this Agreement
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
6. ITEMIZED PROPOSAL (Exhibit E to this Agreement)
7. PREVAILING WAGE RATES (Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiaz with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible
for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be
cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual
conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of
the Contract Documents as City directs.
ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with
a schedule of values dividing the Work, and .the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual completion of
each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the City representative designated in Article XII. In addition to the
amount of payment requested in the Application for Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested
payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An
Application shall not include a request for payment for any portion of the Work that was performed or
furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier
from such payment. Contractor shall include with each Application all supporting documentation as City
may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all
supporting documentation to City's designated representative, provided all Work and documentation aze
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 prepaze a check for the
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sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for
Contractor under Ordinance No. ~?pe. -//at 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 certifies, that all the Work is Substantially Complete. The Work
shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents
for achievement of substantial completion of all the Work have been satisfied and the Administrator
determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City
can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days
of Administrator's certification that all the Work is Substantially Complete. If there are minor items
remaining to be completed upon Substantial Completion, an amount equal to 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 final payment are
waived.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
including but not limited to the following:
Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
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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 Arnount 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,
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.
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C. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents
or a change in the time for performance of the Work.
D. Agreement on any Change Order shall constitute a final settlement of all matters
relating to the change in the Work that is the subject of the Change Order, including but not 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 sepazate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives
notice as provided for in Paragraph F below. ,
> >
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the five-day period,
it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not
less than the following insurance coverages and amounts:
1. COMIVIERCIAL 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
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c. Products/completed operations aggregate ...... $2,000,000.00
d. The following coverage shall be included:
- Blanket contractual liability
- Products/completed operations
- PersonaUadvertising 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
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 full 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,
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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 furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
ARTICLE VIII
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any azchitects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself j, but only to the extent
caused or. allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or
anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of
whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This
obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity
that would otherwise exist as to a party or person described in this Pazagraph A.
B. In claims against any person or entity indemnified under the preceding Pazagraph A by
an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or
for whose acts they 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.
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ARTICLE IX
PATENT LIABILTTY
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
awazd or making of this Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. .
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition, issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance
with generally accepted accounting principles, such records as are necessary to substantiate that all
applications for payment hereunder were valid and properly chazgeable to City. For lump sum contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of
completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not
chazged on a lump sum basis, the records to be maintained hereunder include but 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 chazges.
ARTICLE XII
NOTICES
A. The following persons aze designated by the respective parties to act on behalf of such
party and to receive all written notices and Payment Applications:
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T f.'
For Ci
David Blackburn
City Administrator
City of Riverside, MO
2950 NW Vivion
Riverside, MO 64150
G7
I S 6 V7 u ~c,r.
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 fiunish sufficient labor
or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary%~,..
for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and`
diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the
Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, furnish. any necessary
labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or
all of the Work and take over and complete the performance of such Work, through City or others, at
Contractor's expense.
B. If City exercises its right to take over and complete any part or all of the Work, City
and its designees shall have access to and may take possession of Contractor's materials, tools, equipment,
and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away
from the site, as may be necessary to prosecute the Work taken over by City, and may employee Contractor's
employees or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of
whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the
cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting
fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses,
damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, chazges, liabilities, fines, penalties,
losses, damages, and claims maybe deducted by City from the amount, if any, otherwise due Contractor, and
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For Contractor:
Contractor shall pay City the full amount of any excess of such total over the amount otherwise due
Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract Documents is
exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity,
but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be
enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve
Contractor from fiill 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 CTTY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's
performance of any part or all of the Work for City's own convenience by giving written notice to
Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent
directed by City, stop work and turn over to City or City's designee materials and equipment purchased for
the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the
Work as is actually performed as of the termination for convenience. City shall not be obligated to
Contractor for any further payment, including but not limited to prospective overhead or profit on
unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by
Contractor is determined later to have been improper, the termination automatically shall be converted to a
termination for City's convenience, and City's obligation to Contractor shall be limited to payment to
Contractor as provided in this Article XIV.
ARTICLE XV
COMPLIANCE WTTH 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 pernuts from public and private sources necessary for the filifilhnent 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
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amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement
from each subcontractor of any tier that employed any workers in connection with the Work during the
period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any
time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO STTE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work in an azea, Contractor shall
clean the azea 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 ofnon-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor,
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ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and
experience to perform all the Work.
ARTICLE XII~
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted
good professional practices. If any defects in the Work aze discovered within one yeaz from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
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.
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.
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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 XI~III
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 IOOII
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.
ARTICLE XXV
SEVERABILTTY
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.
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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 aze 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 I~I~
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties with
respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, aze of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any
other Contract Document may be amended, changed, or supplemented only by written agreement executed
by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by
City and Contractor.
1N WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY OF RIVERSIDE
ATTES
TY CLERK
By: ~
R PRO TEM
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(Contractor) h ~
By: ~~ JU/
(Signature)
Printed Name: a
Title:
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EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
3" Recycled Asphaltic Concrete Overlay surface course per APWA Type 3-Ol
BNSF Tracks to 1~` Bend, 22' wide, 6,942 SY
BNSF Tracks to MODOT ROW Line, 24' wide, 1,333 SY
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EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
Exhibit B
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City of
IVERSIDE
~ ...~ ~s
rkf RRbIIM WRRR~P4
MISSOURI EXHIBIT B
September 29, 2005
Mattox Rd.--A 3" recycled asphaltic concrete surface overlay from State Highway
9 to the first bend in the road, excluding the BNSF railroad crossing,
approximately 3340 LF.
Work will be in accordance with the current APWA specifications
• Install and maintain all erosion control facilities per current APWA
specifications including but not limited to 1'llter cloth and straw bales at curb
inlets, perimeter and swale erosion control fence.
• Return all disturbed areas to original condition
Contractor shall employ the services of an independent testing laboratory to take
and test samples for asphaltic concrete pavement materials and compaction.
All off-road access during construction at Mattox Road must be limited to the east
side of the existing roadway south of the BNSF tracks.
All work to be completed by the end of the 2005 construction season.
Contractor will maintain continuous full access to all adjacent businesses and
residences. Contractor shall maintain adequate personnel and barricades to
ensure the safe flow of traffic, both during working and: off hours.
Contractor shall pay prevailing wage rates and provide affidavits, in compliance
with Missouri Division of Labor Standards Annual Wage Order No. 11, Section
083, Platte County.
A 5% bid bond and 100% payment and performance bonds are required
~ .~. „, 7 r ~i n v ..r r rr
Insurance Requirements:
Provide coverage for contractor, City, its employees, officers and agents against
claims for damage to property and/or illness or injury to, or death of any person
or persons related to or arising out of the work.
Limits:
• Each occurrence .....................................$1,000,000
• General aggregate ...................................$2,000,000
• Products/completed operations aggregate....$2,000,000
• The following coverage shall be included:
o Blanket contractual liability
o Products/completed operations
o Personal/advertising injury
o Broad form property damage
o Explosion, collapse and underground damage
Automobile Liability: Not less than a combined single limit of $1,000,000
for each accident.
Workers Compensation and employer's liability
• Workers' compensation ..............................Statutory
• Employer's liability:
o Bodily injury by accident ...............$1,000,000
o Bodily injury by disease ................$ 500,000
each employee
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EXHIBIT C - PERFORMAN E BOND
Bond No. 58633995
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
October 21st 330-537-00-30-07-05
. 2005, designated Contract No._ _~~ Every particular,
Barkley Asphalt Co. as Principal, and
Western Surety Compan , as Surety, hereby bind themselves and their
respective heirs, executory, administrators, successors, and assigns, unto the City of Riverside,
Missouri, in the penal sum of Sixt F.iQh Th~„e~..a r~.,,, V....a__~ ~pven n Doi i ars
and No/100 ($68,517.00)
lawful money of the United Stales, conditioned that in the event Principal shall faithfully acid
properly complete fire 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 detem-ined by the Departi»ent of Labor and
Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of
Sections 290.2]0 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of
Missouri, then this obligation to be void, otherwise to romain 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
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obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Doamients or to the Work.
_Barklev Asvhalt Co
9760 NW Hillsboro Rd.
Kansas City, MO 64153
PRIPTCIPAL L
Printed Name:
Title: ~ ~ /'~
Date: //' /G - <
Western Surety Company
PO Box 5077
Sioux Falls, SD 57117
SURE
(Signamne)
PrintedName:_ Mary S. Wilcox
Title: Attorney-in-fact
Date: 11
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Exhibit C
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V'Ves~tern Surety Company
FOWER OF ATTORNEY APFOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seat herein affixed hereby
make, constitute and appoint
Mary S Wilcox, Matthew J Miller, D C Pruett, Denise Iverson, Individually
of Kansas City, MO, its true and lawful AUOmey(s)•in-Pact with full power and authority hereby conftxred ro sign, seal and execute for and on ifs behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and ro the same extent as if such instruments were signed by a duly atuhorized otFicer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, aro heeby ratified and confirmed.
'this Power of Attorney is made and executed pursuant to and by authority of the Bylaw printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these prosents ro be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 4th day of January, 2005.
r}o WESTERN SURETY COMPANY
~*~ow~
Paul Bruflat, Senior Vice President
State of South Dakota
ss
County of Minnehaha
On this 4th day of January, 2005, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the Ciry of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above insUUment; that he knows the seal of said corporation; that the seal affixed ro tha said instrument is such corporate seal: that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name therero pursuant ro like authority, end
acknowledges same to be the act and dced of said corporation.
My commission expires ;yhhhhhhhh"""""""""""""""' +
~ D. KREi.L r
November 30, 2006 fNOTAtiY PUBLtC/~~
r SOU7N LlAKOTA
+hhhhhhhhhhhhhhhhhhhhhhh 't•
D. Kroll, N ry Public
CERTIFICATE
t, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Aromcy hereinabove set forth is still in
force, and further certify that the Bylaw ofthe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed rho seal of the said corporation this 10th day of November - 2005
~P "' WESTERN SURETY COMPANY
r dr a~~
Lr Nelson, Assist
Fonn FA280-01-02
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EXHIBIT D -PAYMENT BOND
Bond No. 58633995
Barkley Asphalt Co. and the CITY OF RIVEKSIDF., MISSOURI, have
entered into an Agreement dated October 21st , 2005, designated
Contract No. 330-537-00-30-07-05 Barkley Asphalt Co. , as Principal, and
Western Surety Company , 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 Sixty Eight Thousand Five Hundred lawful
Seventeen Dollars & No/100 ($68,517.00)
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 Sec;tiuns 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 instuance premiums, workers' compensation, and all other
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, oz 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
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this Bond, and it does hereby waive notice of any such change, extension of time, aiteration or
addition to the terms of the Contract Documents or to the Work.
Barkley Aanhalt Go
9760 IVFI Hillsboro Rd.
Kansas City, MO 64153
PRINCIPAL 4~~y~~
~y: _
Printed Name:
Q,4 ~~ - ~ ~
Title: ~ ~ ~~t
Date:
-~_
Western Surety Company
PO Box 5077
Sioux Falls SD 57117
SURE 0~~~
(Signaturo)
Printed Name:_Marv S. Wilcox
Title: Attorney-in-fact
bate: 11 / 10/05 '
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
Exhibit C
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~'Vest~rn Surety company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signawre and seal herein axed hereby
make, constitute and appoint
Mary S Wilcox, Matthew J Miller, D C Pruett, Denise Iverson, Individually
of Kansas City, MO, its true and lawful AUomey(s)•in-Pact with full power and authority hereby wnferred to sign, seal and execute for and on its behalf'
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind i< thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said
Anomay, pursuant to the authority hereby given, are hereby ratified and confirmed.
't'his Power of Attorney is made and executed pursuant to and by authorry of rite By-Law printed an the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
to Witness Whereof, WESTERN SURETY COMPANY has caused these pnsents to be signed by its Senior Vice President and its corporate seal to
be hereto attixed on this 4th day ofJanuary, 2005,
WESTERN SURETY COMPANY
~vo~
iF ~ r- •--
~"~` Paul' . Bmflat, Senitm Vice President
State of South Dakota 1
3 ss
County of Minnehaha
On this Ath day of January, 2005, before me personally camp Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the Ciry of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument: [hat he knows the seal of said corporation; that the seat affixed [o the said instrument is such corporate seal: that it was so
affixed pursuant to authority given by tfie Board of DircUOrs of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires 1444444444444444444\44444 }
+`~ 13. KRELL :
November 3U, 2006 fSl)t7TARY PUpa6~ /~;,~{
•44444444444444444444444 4
D. Krell, N ry Public
CERTIFICATE
1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabovc set forth is stilt in
force, and further certify that the Bylaw of the corporation printed on the reverse hereof is Bull in force. In testimony whereof I have hereunto subswibed
my name and affixed the seal of the said corporation this 10th day of November 2005
" WESTERN SURETY COMPANY
ti ~~~~'~
L. Nelson, Assistant Secretary
Fonn F42E0-0I-02
r 'r .. a - n ci I v I T Ir
NOTJCE
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds and certain insurance policies on which one or more of the
Writing Companies identified below is the surety or insurer.
'Po principals on bonds and insureds on certain insurance policies written by any one or
more of the following companies (collectively the "Writing Companies") as surety ar
insurer: Western Surety Company, Universal Surety of America, Surety Bonding
Company of America, Continental Casualty Company, National Fire Insurance Company
of I-Iartford, American Casualty Company of Reading, PA, The )~iremen!s Insurance
Company of Newark, I~TJ, and The Continental Insurance Company.
DISCL OSURE O1F P~i.EMIUM
The premium attributable to coverage for terrorist acts certified under the Act teas Zero
Dollars ($0.00).
DISC'T OSCTRE OF FF~EBAL PARTICIP,~'1'ION ~N pAYMPNT OF TERRORT~M
~~~
The United States will pay ninety percent (90%) of covered terrorism losses exceeding the
applicable surety/instu•er deductible.
Ferm FT310
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Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
MATT BLUNT, Governor
Annual Wage Order No. 12
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an 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.
Ori in~~y
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: April 8, 2005
Prepared by Missouri Department of Labor and Industrial Relations
r -r ~ 3 n Pi t~ n. 0 1 a lr
Building Construction Rates for REPLACEMENT PAGE
PLATTE County
Section 083
000UPATIONALTITLE e eve
Date of
Increase asic
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
Asbestos Worker 10/05 $27.64 52 53 $18.73
Boilermaker 9/05 $28.60 57 7 $17.00
Brickla ers-Stone Mason 4/05 $28.30 58 39 $10.93
Ca enter 4/05 $30.00 63 68 $9.48
Cement Mason 4/05 $23.38 65 4 $13.38
Electrician Inside Wireman 8/05 $30.73 13 72 $13.05 + 10%
Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE
Elevator Constructor a $32.810 26 54 $13.085
O eratin En ineer
Grou I $28.21 85 4 $10.78
Grou II $27.40 85 4 $10.78
Grou III $22.05 85 4 $10.78
Grou III-A $26.06 85 4 $10.78
Grou IV
Grou V $23.45 85 4 $10.78
Pi a Fitter B/05 $32.73 2 33 $14.73
Glazier $28.25 88 32 $11.60
Laborer Buildin
General $21.85 30 4 $9.48
First Semi-Skilled $22.25 30 4 $9.48
Second Semi-Skilled $22.65 30 4 $9.48
Lather USE CARPENTER RATE
Linoleum La er & Cutter 10/05 $28.40 46 67 $9.18
Marble Mason 6/05 $28.79 25 4 $8.68
Millwri ht USE CARPENTER RATE
Iron Worker 4/05 $25.10 50 4 $16.40
Painter 4/05 $25.20 37 4 $11.03
Plasterer 4/05 $22.45 68 4 $13.33
Plumber 6/05 $30.04 45 33 $16.11
Pile Driver USE CAR PENTER RATE
Roofer 6/05 $27.75 95 2 $9.59
Sheet Metal Worker 7/05 $33.87 17 22 $12.48
S rinkler Fitter 7/05 $33.30 14 4 $11.45
Terrazzo Worker 6/05 $28.79 25 4 $8.68
Tile Setter 6/05 $28.79 25 4 $8.68
Truck Driver-Teamster
Grou I $25.34 100 4 $8.58
Grou II $25.34 100 4 $8.58
Grou III $25.54 100 4 $8.58
Grou IV $25.54 100 4 $8.58
Traffic Control Service Driver $15.35 48 49 $2.71
Welders-Ace lens & Electric "
Fringe Benefit Percentage is of the Basic Hourly Rate
Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division
of Labor Standards at (573) 751-3403.
"Annual Incremental Increase
•SEE FOOTNOTE PAGE
ANNUAL WAGE ORDER N0.12
loos
~ 'r 1< TI L1 1 ' T 0 _t T If
Building Construction Rates for Section 083
PLATTE County Footnotes
cove asic ver-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
* Welders receive rate prescribed for the occupational title performing operation to which welding is inddental.
Use Building Construction Rates on Building(s) and All Immediate Attachments. Use Heavy Construction
rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets, use Rates shown
on Building Construction Rate Sheet.
a - Vacetion: Employees over 5 years - 8°k, under 5 years - 6%
ANNUAL WAGE ORDER NO. 12
3/05
. i .~ .' 4 n L1 fi 9 "i T t
PLATTE COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 '/:) shall be paid for all work in excess of forty
(40) hows per work week.
N0.2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4:30
p.m. The maximum work 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 a~ project may be any continuous 8%z hours period (8 hours of work plus 30
minutes for lunch) between 7:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the
Employer may institute a work week consisting of fow (4) consecutive ten (10) how days, between the hours of 7:00 a.m. and 6:00 p.m.
Monday through Thursday, with one-half (%z) how allowed for a lunch period each day. Friday may be used as a make-up day. After ten
(10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1'/z) times the regular rate
of pay. Overtime performed Monday through Satwday 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 shin shall work a regulaz eight (8) hours shift as outlined above. Employees working a second shift
shall receive an additional $0.25 above the regular howly rate and perform seven and one-half (7'/z) hours work for eight (8) hows pay.
Third shift employees shall be paid an additional $0.50 above the regulaz howly rate and work seven (7) hours for eight (8) hows 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) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours, within five (5) days
- Monday through Friday inclusive -shall constitute the regular workweek. The Employer may alter the above stated hours by two (2)
hows for an eazly starting and quitting time only, not to exceed eight (8) hours of work in atry one day. The employer may institute a
work week consisting of fow (4) consecutive ten (10) how days between the hows of 7:00 a.m. and 6:00 p.m., Monday through
Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be
paid at a rate of one and one-half (1%x) tunes the regulaz rate of pay. The first fow (4) hours of overtime after the normal workday, each
day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half (1'/z) times the
regulaz straight time rate of pay. All other work performed outside of the regularly scheduled working hours and outside of the first ten
(10) hours worked on Saturdays shall be paid for at double (2) the regulaz straight time rate of pay. Sundays and the recognized holidays
shall be paid for at double (2) the regular straight time rate of pay, if worked. Shift work performed between the hows of 4:30 p.m. and
12:30 a.m. (second shift) shall be paid at eight (8) hours pay at the regular howly rate plus ten (10%) percent for seven and one-half (T/z)
hows work. Shift work performed between the hours of 12:30 am. and 8:00 am. (third shift) shall be paid at eight (8) hows pay at the
regulaz howly rate plus fifteen (15%) percent for seven (7) hours work. A lunch period of thirty (30) minutes shall be allowed on each
shift. All overtime work required after the completion of a regulaz shift shall be paid at one and one-half (1%n) times the shift howly rate.
- N0.14: Means eight (8) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and the regulaz quitting
time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regulaz starting time may, by mutual consent of
employees on the job site, and the employer, be between 7:00 a.m. and 9:00 a.m. with appropriate adjustments made to the regular
quitting time and lunch time. All time worked before the regular starting time and after the regulaz quitting time, Monday through Friday,
shall be paid at the rate of time and one-half (1'/z). All work commencing with the beginning of the established work day on Saturday
shall be paid at the rate of time and one-half (1'/:). All work commencing with the beginning of the established work day on Sundays
and/or Holidays shall be paid at the rate of double (2) time.
N0. 17: Means the regulaz working day shall consist of eight (8) hours of labor between eight (8) a.m. and five (5) p.m. and the regulaz
work week shall consist of five (5) consecutive eight (8) how days of labor beginning on Monday and ending with Friday of each week.
All full-time or part-time labor performed during such hows shall be recognized as regular working hours and paid for at the regular
howly rate. Except as otherwise provided, all work performed outside of regulaz working hows during the regulaz work week, shall be at
double (2) times the regular rate. When circumstances warrant and when it is mutually beneficial and agreed to by interested parties, the
Employer may institute a work week wnsisting of fow (4) consecutive ten (10) how days, between the hows of six (6) 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 be held against the employee. When working fow (4) ten (10) how days overtime will be paid at the time and one-half (1'/:)rate
for the eleventh (11"') and twelfth (12s') how, all other work will be paid at the double (2) time rate of pay. The first two (2) hows of
overtime, Monday through Friday, and the first eight (8) hours on Saturday shall be at time and one-half (1'/z) for all work. All other
overtime shall be at double (2) time. The first two (2) hours 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-half (1 %z). The regular workday (as previously defirred) on Saturday is paid
at time and one-half (1%:). Work performed outside of the regular Saturday work day is at double (2) time. All work performed on
recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) tithe rate of pay. The starling time may
be varied by one (1) how.
AW 12 083 OT.doc
ANNUAL WAGE ORDER N0.12
Page 1 of 5 Pages
~ 'f' tl t Li fi 0 '"1 T ~'
PLATTE COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION
N0.25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a
forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before
or after the regulaz working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at
twice (2) the regular hourly rate. Employment ftom 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for at one and
one-half (1%z) times the regular hourly rate. From 12:00 midnight until 8:00 a.m. on atry day shall be paid for at twice (2) the regular
hourly rate.
N0.26: Means that the regulaz working day shall consist of eight (8) hours worked between 6:00 a.m, and 5:00 p.m., five (5) days per
week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the
majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on
Saturdays, Sundays and before and after the regulaz working day on Monday to Friday, inclusive, shall be classified as ovefime, and paid
for at double (2) the rate of single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week
at straight thne pay for construction work; the regulaz working day shall consist of ten (10) hours worked consecutively, between 6:00
a.m. and 6:00 pm., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and
holidays, and before and after the regulaz working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been
established, will be paid at two times (2) the single time rate of pay, The rate of pay for all work performed on holidays shall be at two
times (2) the single time rate of pay.
N0.30: Means Monday through Sunday shall constitute the work week. Regulaz starting time shall be 8:00 A.M., except when the work
week is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the employer up to
two (2) hours from the regulaz starting time. Eight (8) hours shall constitute the work day. All work performed prior to or after the
regulaz eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1'/x) the
regulaz rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays) because of events out of the control
of the contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not all
employees working on a Saturday make-up day will have worked the same number of hours during the regulaz work week. It is fiuther
recognized that any work after the forty (40) hours in a week must be paid at time and one-half (1 %z). Saturday make-up day shall not be
used to make up for time lost due to recognized holidays. The employer may establish a 410's schedule on projects (4 days with 10 hours
per day). If using a 4-10's schedule, a Friday make-up day is allowed. If using a 4 (10) schedule, any work more than ten (10) hours in a
day or forty (40) hours in a work week shall be paid at the time and one-half (1 %s) rate. Friday make-up day shall not be used to make up
for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2) time rate.
N0. 37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday make-up day,
Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five eights" and after ten hours when
working "four tens". All work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. All
Saturday work shall be paid for at the rate of time and one-half (1 %:) the regulaz wage rate. All night work during the regular work week
other than the above-mentioned days shall be paid for at the rate of time and one-half (1'/z) the regular wage scale until midnight and
double (2) time after midnight except make-up time will be allowed under the following condition: In the event of inclement weather on
exterior projects which prevents working the full regular eight (8) hour day, forty (40) hour work week schedule, a Saturday make-up day
can be granted. Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40) hours per
week.
NO. 45: Means eight (8) hours shall constitute a day's work, beginning at 8:00 am. and ending at 4:30 p.m. The regular work week
shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parking and other
circumstances, the hours of work on any project may begin as early as 6:00 am. with eight (8) hours worked between 6:00 a.m. and 4:30
p.m. All overtime Monday through Saturday shall be paid at the rate of time and one-half (1%z) the regulaz rate of pay. Sunday and
recognized holidays shall be paid at double (2) time. Labor Day shall be paid at triple (3) time. Shift work may be perfom-ed at the
option of the Contractor. However, whenever shift work is performed it must wver a period not less than (5) consecutive working days.
The day shift shall work a regulaz eight (8) hours shift as outlined above. The hourly rate for second shift (seven and one-half hours
worked for eight hours paid) shall be twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours
worked, eight hours paid) shall be fifty cents ($0.50) above the hourly rate. If no first shift is worked, second and third shift employees
shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours worked.
ANNUAL WAGE ORDER N0.12
AW 12 083 OT.doc Page 2 of 5 Pages
i .~. ., ,~ n lrti ~ rt v 1 T rr
PLATTE COUNTY OVERTIME SCHEDULE
BUII.DING CONSTRUCTION
N0.46: Means the regulaz work day shall be eight (8) hours from 6:00 am. to 6: 30 p.m. Starting time may be between 6:00 am. and
10:00 am. The regular work week shall be forty (40) hours, beginning between 6:00 am. and 10:00 am. on Monday and ending between
2:30 p.m. and 6:30 p.m. on Friday. All hows in excess of the regulaz work day and work week shall be considered overtime. Overtime
on days recognized as regulaz work days and on Saturday shall be paid for at the rate of time and one-half (1'/:) the regular rate. Sunday
and recognized holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week
consisting of fow (4) days, Monday through Thursday, each day consisting often (10) hours at straight time rate of pay. The 410's must
run for a period of at least fow (4) days.
NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or 'Il-esday through
Saturday. Eight (8) hours shall constitute a day's work. Starting tithe shall not be earlier than 7:00 am. nor later than 10:00 am. Forty
(40) hours shall constitute a weeks work. Overtime at the rate of time and one-half (1 %z) will be paid for all work in excess of forty (40)
hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one-half (1'/:)
unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday
through Satwday schedule, all work performed on Monday will be time and one-half (1'/z) unless time has been lost during the week, in
which case Monday will be awake-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. If
employees work on arty of the recognized holidays, they shall be paid time and one-half (1 %x) their regulaz rate of pay for all hours
worked.
NO. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will
normally be paid at time and one-half (1%s) except for exclusions stated in some following additional sentences. The Employer, et his
discretion, may start the work day between 6:00 am. and 9:00 am. Any schedule chosen shall be started at the beginning of the work
week (Monday) and used for at least five days. Work may be scheduled on a fow (4) days a week (Monday through Thursday) at ten (10)
hours a day schedule. If such a schedule is employed, then Friday may be used as a make-up day when time is lost due to inclement
weather. Time and one-half (1 %s) shall be paid for any work in excess of eight (8) hours in any regUlaz work day Monday through Friday
unless working 410's, then time and one-half (I %z) after ten (10) hours. All work performed on Saturday will be time and one-half (1 %z).
Double (2) time shall be paid for all work on Sundays and recognized holidays.
NO. 52: Means the regulaz workweek shall consist of five (5) eight (8) how days, Monday through Friday. The regular workday shall
consist of a eight (8) how period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m. The agreed
upon starting time shall be any time between the hours of 6:00 am. and 8:00 am. The option exists for the employer to use a fow (4)
day, ten (10) how work week. Days worked shall be Monday through Thwsday or Tuesday through Friday. If the job requires men on
duty all five (5) days, then part of the crew may work the first fow (4) days and the remainder of the crew may work the last fow (4) days.
Hours each day shall be from 7:00 am. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be used.
Once this clause has been put into effect, it shall remain as long as the majority of the Employees on the project and the Employer agree to
keep it. The fow (4) day clause shall not be used to circumvent a Holiday. Except as otherwise provided, all work performed outside the
regular working hours and performed during the regulaz work week (Monday through Friday) shall be at the following rates of pay:
Holi s-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such)
shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay.
Labor Dav-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three (3)
times the regular rate of pay.
Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8) how period, to be
worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time shall be any time
between the hours of 6:00 am. and 8:00 am., by mutual consent of the interested party's.), shall be:
A. Hows worked Monday through Friday, the first two (2) hows of overtime will be paid at time and one-half (1'/z). All other
overtime will be paid at the double (2) time rate.
B. The first ten (10) hours worked on Satwday will be paid at time and one-half (1%z), with all other hours to be paid at the
double (2) time rate.
C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate.
NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall
constitute a week's work. The regular starting time shall be 8:00 am. The above may be changed by mutual consent of authorized
personnel. When circumstances warrant, the Employer may change the regular workweek to fow (4) ten-how days at the regular time
rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the
established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and one-half
(1'/z) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall
be paid at the double (2) time rate of pay.
AW 12 083 OT.doc
ANNUAL WAGE ORDER N0.12
Page 3 of 5 Pages
. f .~. ., ,~ n >ri t. n v .~ s r
PLATTE COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION
NO.58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday
through Friday, shall constitute a nomlal work week. Work performed in excess of eight (8) hours per day or eight hours beyond normal
starting time for that project excluding lunch Monday through Friday, and all work performed on Saturday, shall be paid for the rate of
time and one-half (1'/z). When Sundays and recognized holidays are worked, the worker(s) shall be paid at the rate of double (2) time.
Work may be scheduled on a fow (4) days a week (Monday through Thursday) at ten (10) hours a day schedule at straight time. A Friday
make-up day is available if time is lost due to inclement weather and at least sixteen (16) hows, but not more than thirty (30) hours, were
worked during the week.
N0.63: Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on
either side of 8:00 AM. The Employer may establish a work week consisting of fow (4) days, Monday through Thursday, each day
consisting of ten (10) hours straight time. The fow (4) tens (lOs) must run for a period of at least fow (4) days, Monday through
Thursday. All work on Friday on a fow (4) tens (10) project will be paid at the rate of time and one-half (1 %z). All work performed on
Satwday shall be paid at time and one-half (1%z). All work performed on Sundays and recognized holidays must be paid at double (2)
time. All work performed prior to or after the regulaz eight (8) how work day, or ten (10) how work day, as described above shall be paid
at time and one-half (1 %z) the regulaz rate.
N0.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m, with one half how for
lunch between three and one-half (3'/:) and five (5) hours after starting time. The starting time may be advanced by two (2) hours or
delayed one (1) how by the employer from the regular stazting time. All work performed before the advanced starting time and during the
half how lunch shall be paid at the overtime rate of time and one-half (1'/z). Work performed outside these hours shall be paid at the
overtime rate of time and one-half (1%z), except as provided otherwise below. All work performed on Sundays or recognized holidays
shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.m. and all
time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work
performed prior to or after the regular eight (8) how work day, as described above, and all work performed on Satwday shall be paid at
time and one-half (1%:) the regulaz rate. In the event that a scheduled eight (8) how work day is missed (not including recognized
holidays) because of inclement weather, then that missed work day may be made up at straight time on the following Satwday. It is
recognized that not all employees working on a Satwday make-up day wiil have worked the same number of hours during the regular
work week. It is further recognized that any work after forty (40) hours must be paid at time and one-half (1'/:). The employer may
establish a 410's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 410's schedule, the employer
must schedule the 410's for a minimum of one (1) week. If using a 410's schedule, a Friday make-up day is allowed.
N0.68: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half how for
lunch between three and one-half and five hows after starting time. The starting time may be advanced or delayed by the employer up to
one how from the regular starting time. All work performed before the advance starting time and during the half how lunch shall be paid
at the overtime rate of time and one-half (1'/z). Work performed outside these hows shall be paid at the overtime rate of time and ono-half
(1'/z), except as provided otherwise below. All work performed on Sundays or holidays shall be paid at the double (2) time rate. Eight (8)
hows shall constitute the work day. All work performed prior to or after the regular eight (8) how work day, as described above, and all
work performed on Saturday shall be paid at time and one-half (1 %z) the regular rate, except as hereinafter described. In the event that a
scheduled eight (8) how work day is missed (not including recognized holidays) because of inclement weather, then that missed work day
may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not all employees working on a
Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work
after forty (40) hours must be paid at time and one-half (1'/z). The employer may establish a 410's schedule on projects (4 days with 10
hows per day at straight time). In order to use the 410's schedule, the employer must schedule the 410's for a minhnum of one (1)
week. If using a 410's schedule, a Friday make-up day is allowed.
NO. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall constitute a day's work to begin between 6:00
am. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall receive the
overtime rate. Employees shall receive time and one-half (1 %z) for all time they are requved to work prior to their normal starling time or
after eight (8) hows or normal quitting time Monday through Friday, or all day on Saturday. If an Employer has started the work week on
a five day, eight hows a day schedule, and due to inclement weather misses any time, then he may switch to a nine or ten hours a day
schedule, at straight time, for the remainder of that work week in order to make up for the lost time (10-how make-up day). All work
over ten (10) hows a day or over forty (40) hours a week must be paid at time & one-half (1 %z). Sundays and recognized holidays shall be
paid at the double (2) time rate of pay. A contractor may alter the regulaz work week to fow (4) ten (10) how days at straight time rate of
pay. To do this the scheduled 410's must be worked at least one fiill week and the regulaz workweek shall be Monday through Thursday
with Friday being awake-up day at straight time for days missed in the regular workweek due to inclement weather. If 5-8's are being
worked, Satwday may beused as awake-up day at straight time if inclement weather preverrts work during the normal work week.
AW 12 083 OT.doc
ANNUAL WAGE ORDER N0.12
Page 4 of 5 Pages
r °r .. 1 n L1 1' n 0 'I T ti
PLATTE COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION
NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 pxn., 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 at least five (5) days. The Employer may establish a work week consisting of four (4) days, during the regulaz work week, each
day consisting often (10) hours at straight time. The 410's must run for a period of at least four (4) days. Time and one-half (1 %z) shall
be paid for any work in excess of eight (8) hours in arty regular work day Monday through Friday (or ten hours in a 410's week). The
first eight (8) hours of work performed on Saturday shall be time and one-half (1 %z), all work over eight (8) hours on Saturdays and all
work (except emergency work) on the Saturday of a three-day weekend shall be double (2) time. Double (2) time shall be paid for all
time worked on Sundays and recognized holidays.
NO. 95: Means a regular workday shall consist of eight and one-half (8%z) hours elapsed time, including one-half hour for lunch. The
crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over nine and one-half (9'/z) hours of
elapsed time per day including one-half hour for lunch and/or arty work performed over forty (40) hours at the straight time rate in one
week shall be paid at time and one-half (1%z) the straight time rate. Saturday shall be a voluntary make-up day at straight time at the
discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at double (2) time.
NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-hour days shall constitute a week's work,
Monday through Friday. Time and one-half (1 %z) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours
in any one day or forty (40) hours in arty one week. Starting time shall be between 6:00 a.m. and 9:00 a.m. All work over eight (8) hours
in a regulaz 5-day 8-hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time
shall be paid for at the rate of time and ono-half (1'/z) and shall not apply to regular shift. All time worked after eight (8) hours in any one
day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1 %z) rate. An Employer, at his option, may elect to
work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at least one week in duration.
All work over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to
work on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday
(Friday if working 410's) as a make-up day at the straight time rate of pay. When an employee is required to work on any recognized
holiday they shall receive the double (2) time rate for all time that they are required to perform work. All time worked from 12:00
Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double (2) time on single shift.
AW 12 083 OT.doc
ANNUAL WAGE ORDER N0.12
Page 5 of 5 Pages
r -r a n pi ~ n 11 3 Ii
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.2: All work performed on New Yeaz's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time
rate of pay.
N0.4: All work done on New Yeaz's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above
holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above
holidays fall on Saturday, Friday will be observed as the recognized holiday.
N0.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay.
If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a
Saturday, it shall be observed on the preceding Friday.
N0.22: All work performed on New Yeaz's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be
recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on
Sunday, Monday shall be observed. All work performed on holidays shall be paid at the double (2)
time rate of pay.
N0.32: All work done on New Yeaz'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 of pay. When one of the above holidays falls on Sunday, the following Monday shall be
observed and when one of the above holidays falls on Saturday, the preceding Friday shall be
observed.
N0.33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and
Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3)
time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the
holiday falls on Saturday, the preceding Friday will be observed.
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 of these holidays falling on Sahuday,
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, Christmas Day, Employee's birthday and two (2)
personal days. The observance of one (1) of the personal days to be limited to the time between
December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the
following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the
preceding Friday will be observed as the holiday. If employees work on any of these holidays they
shall be paid time & one-half (1 %2) their regulaz rate of pay for all hours worked.
AW012 083 BHoI
ANNUAL WAGE ORDER NO. 12
Page 1 of 2 Pages
~ .~. ... ,~ n PI ~ n 0 _t J l
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving
Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2)
time rate of pay. No work shall be performed on Labor Day except in special cases of
emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a
holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a
holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be
paid at the double (2) time rate of pay. When a holiday falls on Saturday, it shall be observed on
Friday. When a holiday falls on Sunday, it shall be observed on Monday.
N0.67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July
and Thanksgiving Day, from midnight to midnight, shall be paid for at the rate of double time (2)
the basic rate of pay if required to work in addition to any other pay otherwise required hereunder
as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's
Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional
holidays, and if the Employer and employees agree that work will be performed on that day, no
premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will
be observed on Friday. Should any of the above holidays fall on Sunday, the holiday will be
observed on Monday.
N0.68: All work performed on New Year's Day, Decoration Day (Memorial Day),
Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days
observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a
Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be
observed. No work shall be performed on the Fourth of July or Labor Day except to save life or
property. Where one of the holidays specified falls or is observed during the work week, then all
work performed over and above thirty-two (32) hours in that week shall be paid at the rate of
time and one-half (1%z).
N0.72: All work performed on New Year's Day, Memorial Day (last Monday in May),
Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at double
(2) the regular straight time rate of pay. Any one of the above listed holidays falling on Sunday
shall be observed on the following Monday and paid for at double (2) the regular straight time rate
of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on
the prior Friday and paid for at double (2) the regular straight time rate of pay, if worked. No work
shall be performed on Labor Day except in case of emergency.
AW012 Og3 BHoI
ANNUAL WAGE ORDER NO. 12
Page 2 of 2 Pages
~.~. .,. 7 P }11 1, n i..l 3 If
Heavy Construction Rates for REPLACEMENT PAGE
PLATTE County
Section 083
OCCUPATIONAL TITLE ectlve
Date of
Increase aslc
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
CARPENTER
Journe men 4/05 $30.00 1 17 $9.48
Millwri ht 4/05 $30.00 1 17 $9.48
Pile Driver Worker 4/05 $30.00 1 17 $9.48
OPERATING ENGINEER
Grou I $26.49 3 2 $10.77
Grou II $25.45 3 2 $10.77
Grou III $25.45 3 2 $10.77
Grou IV $20.98 3 2 $10.77
Oiler-Driver $24.33 3 2 $10.77
CEMENT MASON $22.10 3 2 $12.10
LABORER
General Laborer $22.38 3 2 $8.79
Skilled Laborer $23.59 3 2 $8.79
TRUCK DRIVER-TEAMSTER
Grou I $24.11 3 2 $8.75
Grou II $24.11 3 2 $8.75
Grou III $24.11 3 2 $8.75
Grou IV $24.11 3 2 $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
7/05
~ _~. a A L1 ~ fi 7 1 S If
PLATTE COUNTY
OVERTIIVIE 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 8:00 AM. The Employer may establish a
work week consisting of four (4) days, Monday through Thursday, each day consisting often
(10) hours straight time. The four (4) tens (1 Os) must run for a period of at least four (4) days,
Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the
rate of time and one-half (1'/:). All work performed on Saturday shall be paid at time and one-
half (1'/:). All work performed on Sundays and recognized holidays must be paid at double (2)
time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour
work day, as described above shall be paid at time and one-half (1'/z) the regular rate.
N0.3: Means a regular work week shall consist of not more than forty (40) hours of work and
all work performed over and above ten (10) hours per day or forty (40) hours per week shall be
paid at the rate of time & one-half (1'/s). Workers shall receive time and one-half (1 %z) for all
work performed on Sundays and recognized holidays. Double (2) time shall be paid for work
performed on Sundays or recognized holidays when and only if any other craft employees of the
same employer at work on that same job site are receiving double (2) time pay for that Sunday or
Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of the
Employer except when inclement weather or other conditions beyond the reasonable control of
the Employer prevents work, in which event, the starting time may be delayed, but not later than
12:00 noon. Where one of the recognized holidays falls or is observed during the work week,
then all work performed over and above thirty-two (32) hours in that week shall be paid at the
rate of time and one-half (1'/z).
AW012 083 HOT
ANNUAL WAGE ORDER NO. 12
Page 1 of 1Pages
~ _r ., . z n ci t. n o .t t rr
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 Christmas Day, or days observed as such, and Sundays shall be
paid at the rate of time and one-half (1'/z). Double (2) time shall be paid for work on Sundays or recognized
holidays when and only if other craft employees of the same employer at work on that same job site are
receiving double (2) time pay for that Sunday or holiday work. No work shall be performed on Labor Day,
except in case of jeopardy of life or property. This rule is applied to protect Labor Day. When one of the
above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday,
the following Monday shall be observed. Where one of the specified holidays falls or is observed during the
work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate
of time and one-half (1'/z).
NO.17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day
(Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the
rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on
a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except
to save life or property. Where one of the holidays specified falls or is observed during the work week, then all
work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half
(1'/z).
AW012 HHoI
ANNUAL WAGE ORDER NO. 12 Page 1 of 1 Pages
. ~ .~ „ . ~ ~ n ci r ~ r 0 ~r ~ rr
OUTSIDE ELECTRICIAN
These rates are to be used for the following counties:
Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and
Saline
COMMERCIAL WORK
Occu ational Title Basic Total
Hourl Frin e
Rate Benefits
Journe an Lineman $32.52 $4.50 + 30.75%
Lineman erator $30.38 $4.50 + 30.75%
Groundman $21.62 $4.50 + 30.75%
UTII.ITY WORK
Occu tional Title Basic Total
Hourl Frin e
Rate Benefits
Journe an Lineman $29.21 $4.50 + 30.75%
Lineman erator $27.01 $4.50 + 30.75%
Groundman $18.84 $4.50 + 30.75%
OVERTIlbIE RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall
constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive,
shall constitute the work week. Starting time maybe adjusted not to exceed two (2) hours. Work
performed outside of the aforementioned will be paid at the applicable overtime rate. When starting
time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly.
The overtime rate of pay shall be one and one-half (1'/z) times the regular rate of wages, other than
on Sundays, holidays and from Midnight unti16:00 a.m., which will be paid at double (2) the
straight time rate.
HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time
rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on
Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time
rate of pay.
KC ZANE 1 AW 12.doc
ANNUAL WAGE ORDER NO. 12 sros
r .r. ... 3 n Pi ~ n v t a rr
From: Amber Sexton At R. E. Miller Ins. Agy FaxID: 816-822-1634 To: Louise Rusid<
Date: 11/12005 03:06 PM Page: 2 012
CERTIFICATE OF LIABILITY INSURANCE OPID DATE (MMIDDIYYYYI
ACORD
/O5
.
)-1 11/Ol
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
R E Miller Insurance Ageacy HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
suite 200
101st Terr
373 W ALTER 7HE COVERAGE AFFORDED BY THE POLICIES BELOW.
,
.
Kansas City MO 64114
Phone:816-333-3000 Fax:816-822-1634 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA Accident Fund Insurance Co 10166
INSURER B: Uaited Fire S Casualty
halt Co
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A
B INSURER C'
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9760 NFI Hilllsboro INSURER D:
Kansas City MO 64153
INSURER E:
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THE POLICIES OF INSURPNCE LISTED BELOW HOVE BEEN ISSUED TO T}E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHST/WDING
ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO NMICH TiIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SI~WN MAY HAVE BEEN REIXICED BY PAID CLAIMS.
LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE MMIDDIYY) UMtfS
GENERAL LIABRfTY EACH OCCURRENCE S 1 , OOO , OOO
8 X X COMMERCIAL GENERAL LIABILITY 10160335417 06/20/05 06/20/06 PREMISES Eeoccurence 550,000
CLAIMS MADE ~ OCCLR MED EXP (Arty ore person) S $ , OOO
PERSOWIL &ADV INJURY S 1,000,000
GENERAL AGGREGATE S 2 , 000 , O00
GENL AGGREGATE LIMITAPPLIES PER: PRODUCTS-COMP/OP AGG 52,000,000
POLICY X JPE~CT LOC
AUT OMOBILE LIABILTIY COMBINED SINGLE LIMB
(1,000,000
S X X ANYAUro 10160335417 06/20/05 06/20/06 (Eaeccident)
ALL OVMIEO AUTOS BODILY INJURY S
SCFIEDULED PLTOS (Per DBf Ste)
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(Per ecdderA)
NON-OWNED AUTOS
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(Per accident)
GARAGE LIABILnY ALTO ONLY - EA ACCIDENT S
ANY ALTO OTHER hiFW EA ACC i
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E%CE88NMBRELLA LIABLfTY EACH OCCURRENCE S 1 , O00 , OOO
8 X X occuR ~QAIMSMADE 10160335417 06/20/05 06/20/06 AGGREGATE 51,000,000
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DEWCTI&E S
' X RETENTION S 10 , OOO :
WORKERS COMPENSATION AND X TORY LIMffS ER
A EMPLOYERS'LIABRffY WCV6009371 06/20/05 06/20/06 E.L. EACHACCIDEM S1000O00
O~FFICERMIEMBER FXCLIAED?ECUTIVE E.L. DISEASE-EA EMPLOYEE S1000O00
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SPECIAL PROVISIONS bebvl .
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OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES / E%CLUSIONS ADDED BY ENDORSEMENT/ SPECUIL PROVISIONS
Project: Mattox Road Overlay. City of Riverside, Missouri is Additional
insured with reaped to all coverages except Workers Compensation.
RIVERSI SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION
DATE THEREOF, THE ISSUING SlSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO DO 80 SHALL
City oir Riverside , NLi. SSOUri IMPOSE NO OBLIGATION OR LIABILfTY OF ANY KIND UPON THE WSURER, rrs AGENTS OR
2950 P1W Vivion Road
MO 64150
id
Ri REPRESENTATNES.
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ACORD 25 (2001/08) w~n~.vnv a.vnrvnn nvu ,
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ACORD CERTIFICATE OF LIABILITY INSURANCE OPID DATE (L1MIDD/YYY1')
BARKL-1 11/10/O5
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFlCATE
R E Miller Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
373 W. 101st Terr, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kansas City MO 64114
Phone:816-333-3000 Fax:816-822-1639 INSURERS AFFORDING COVERAGE NAIC4
INSURED INSURER A: United Fire & Casualty
INSURER e' Accident Fund insurance Co 10166
Barkleyy Asphalt CO INSURER C:
.
9760 NW Hillsboro Rd.
3 INSURER D:
Kansas City MO 6415
INSURER E:
AGES
THE POLICIES OF INSURIVJCE LISTED BELOW HAVE PEEN ISSUED TO THE RJSUP.ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NO7WITFJSTAI~ING
ANY REOUIREMEM, TERM OR CONDI7101J l1F ANY CONTRACT OR OTHER DOCUMEIJT WITH RESPECT TO WHICH THIS CEPTIFICATE MAY BE ISSUED lNJ
MAY PERTAIIJ, THE INSURP7JCE AFFORDED 6Y T!E POLICIES DESCRIBED FEREIN IS SUBJECT TO ALL THE TERIvLS. EXCLUSIOIJS AND COIJDRIOIJS OF SUCH
POLICIES. AGGREGATE LIMITS SHONM Mel' HAVE @EEN REDUCED BY PAID CLAIMS.
I
LTR
NSR
TYPE OF INSURANCE POLICY NUMBER DATE (MMR.1DfrY) DATE (MMIDDM') LIMTS
GENERAL LIABILRY EACI I OCCURREIJCE E 1 , 000 , 000
A X X COMMERCIAL GENERALLV.PILITY 10160335417 06/20/05 06/20/06 FREMISES~~c`~i'ulencn) E50,000
CLAIMS MADE X~ OCCLIt NED EXP (Any one person) S 5 , 0 O O
PERSONAL 8 PDV INJURY E 1 , OOO , OOO
GENERAL AGGREGATE 52,000, OOO
GEIJL AGGREGATE LIMIT APPLIES PER. PRCOLICTS- COME/OP AC+G E 2 , OOO , OOO
POLICY X EC LOC
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A X X ANYAL>ro 10160335417 06/20/05 06/20/06 iF.entddeidl ,
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A X X occur ^cLAIMSMoPE 10160335417 06/20/05 06/20/06 AGGREGATE E1,000,000
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E.L. DISEASE•POLICY LIMIT
ElOOOOOO
OTHER
DESCRIPTION OF OPERATIOtJ3 /LOCATIONS /VEHICLES / E%CLUSIONS ADDED BV ENDORSEMENT /SPECIAL PROVISIONS
Project: Mattox Road Overlay. City of Riverside, Missouri, its employees,
officers and agents are Additional Insureds with respect to all coverages
except Workers Compensation. Coverage is primary over any insurance
maintained by Additional Insured, which other insurance shall be excess or
contingent. Waiver of Subrogation applies only as permissible by law.
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RIVERZO SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL MAR 30 DAYS WRITTEN
City of Riverside, Missouri
2950 NW Vivion
Riverside MO 64150
NOTICE TO THE CERTFICATE HOLDER NAMED TO THE LEFT, BUT SHALL
IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE INSURER, RS AGENTS OR
ACORD
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ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID
SARKL-1 DATE (LIMIDDmYY)
11/10/05
PRODUCER
R E Miller Insurance Agency
373 W. 101st Terr, Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIflCATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Kansas City MO 64114
Phone:816-333-3000 Fax:816-822-1634
INSURERS AFFORDING COVERAGE
NAIC9
INSURED INSURERA United Fire & Casualt
INSURER B: Accident Fund Insurance Co 10166
Barkleyy Asphalt Co. INSURERc
9760 NR Hillsboro Rd.
Cit
MO 69153
K IIJSURER D:
ansas
y INSURER E'
Cr7VFAAr FR
THE POLICIES OF INSURAIJCE LISTED BELOW HAVE BEEN ISSUED TO THE IIJSIJRED tJAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTAIJDING
ANV i~OUIREMENT, TERM OR COIJDITION OF ANY CONTRACT OR OTHER UOCUMEIJT WITH RESPECT TU WHICH THIS CEP.TIFIfATE MP.Y BE IGSUED OR
MAY PERTAIIJ, THE INSURAIJCE AFFORDED EY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COIJDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWM Mel' HAVE BEEN REDUCED BY PAID CLAIA95.
LTR NSR TYPE OF NSURANCE POLICY NUMBER DATE (MMIDDM'1 DATE (~MMIDDM') LIMRS
GENERAL LIABILRY EACI I OCCLWREIJCE S 1 , 000 , 000
A X X COMMERCIAL GENERAL LVrBILITY 10160335417 06/20/05 06/20/06 PREMISES (Ea a:curenceJ 150,000
CLAIMS MADE X~ OCCUR MED EXP (Arty one Dersonl 1 5 , 0 00
PERSONPL B AOV INJURY 1 1 , 000 , 000
GENERAL AGGREGATE 12,000,000
~iE1J'L AGGREGATE LIMIT PPPLIES PER. FRCOl1CTS-COMPA)P Ar-,G 12,000,000
POLICY X E~CT LOC
AUT OMOBILE LIFBILRY COMBINED SINGLE LIIAIT 1 1
000
000
A X X AN'r.AIRD 10160335917 06/20/05 06/20/06 IE"epua"~°I ,
,
ALL 0\MJED ALROS F.ODILY INJURY
1
SCHEUULEU AUTO) leer person)
X HIRED AUTOS BODILY INJURY
1
X NON-OWNED AUTOS (Per eccltlenl)
PROPERTY DAMAGE 1
-- (Per eccidenl)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 1
AN1'PJ-RO OTHER THNJ "ACC 1
ALRO WJLY: AGG S
EXCESSNMBRELLA LIABILfIY EACH OCCURREFJCE 1 1 , 000 , 000
A X X DccuR ~cuIMSMADE 10160335417 06/20/05 06/20/06 .aGC•REGATE 11,000,000
s
DEDUCTIBLE i
X RETEMIifJ 110,000 1
WORKERS COfdPENSA71ON AND X TORY LRAI7S ER
B EMPLOYERS'LIABILITY
ANY PROPRIETORlPARTNERIEXECLITIVE WCV6009371 06/20/05 06/20/06 EL.EA~-IIACCIDENr 11000000
OFFICER/MEMBER EXCLUDED9 E.L. DISEASE-EA EMPLOYEE 11000000
If yes, Describe under
SPECIAL PROVISIONS below
E.L. DISEASE-POLICY LIMIT
ElOOOOOO
OTHER
DESCRIPTON OF OPERATONS /LOCATIONS I VEHICLES I E%CLUSIONS ADDED BY ENDORSEMENT! SPECW. PROVISIONS
Project: Mattox Road Overlay. City of Riverside, Missouri, its employees,
officers and agents are Additional Insureds with respect to all coverages
except Workers Compensation. Coverage is primary over any insurance
maintained by Additional Insured, which other insurance shall be excess or
contingent. Waiver of Subrogation applies only as permissible by law.
CERTIFICATE HOLDER CANCELLATION
RIVER2 O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUNG INSURER WILL MAIL 3O DAYS WRRTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT SHALL
City of Riverside, Mi55ouri IMPOSE NO OBLIGATION OR LIABILITY OF ANY KSJD UPON THE INSURER RS AGENTS OR
2950 NW Vivion
Riverside MO 64150 REPRESENTATIVES.
r •r ~ a n >rt
®ACORD CORPORATION 1988
A. 7 't T ti