HomeMy WebLinkAbout2008-044 - Renner Brenner DrainageBILL N0.2008-44
ORDINANCE N0.2008-44
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT FOR CONSTRUCTION SERVICES WITH MEGA INDUSTRIES
CORP FOR RENNER BRENNER PARK DRAINAGE IMPROVEMENTS
WHEREAS, the City of Riverside, Missouri ("Cit}~') has received competitive bids and
engaged in negotiations with Mega Industries Corp. ("Mega Industries' for provision of
construction services related to the Renner Brenner Park drainage improvements under
consideration by the City (the "Services'.
WHEREAS, the City and Mega Industries have reached an agreement concerning the
provision of and payment for such Services.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the public purpose of enhancing and improving Renner Brenner Park.
Section 2. The City of Riverside shall enter into an agreement whereby Mega Industries shall
provide construction services, related to the Renner Brenner Park Drainage Improvements, to the
City at a total cost of $74,601.50 (the "Agreement").
Section 3. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to
take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of
the City,^the execution of the Agreement being conclusive evidence of such approval.
Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenient to perform all matters herein authorized.
Section 5.. This Ordinance shall be in full force and effect from and after its passage and
approval.
Passed this ~ day of ~~~1~ 2008.
A
Ci Clerk
.~.21~
Mayor Kathleen L. Rose
.r .r. ~ i n r .. r o .1 T rr
_ AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
MEGA INDUSTRIES CORPORATION
FOR
COMPLETION OF
RENNER BRENNER PARK DRAINAGE EWPROVEMENTS
CONTRACTOR: MEGA INDUSTRIES CORPORATION
ORDINANCE NO.: 2008-44
CONTRACT PRICE: $74,601 .50
Agreement 00300-1
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` AGREEMENT BETWEEN CITY OF RESIDE AND CO ACTOR
RENNER BRENNER PARK DRAINAGE IMPROVEMENT
THIS AGREEMENT,made and entered into as of the day of 2008,by
and between the City of Riverside, Missouri ("City'l, and MFan TNTITTCTRTRR nnnn()RATT m
("Contractor', shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Ordinance No. 2 0 0 8-4 4 duly approved
M Au ru 1
8 , 9 n n a 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 morn engineers, architects, or other persons to
assist Administrator in performing Administrator's fimctions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supervision, management, and other items as set forth in this
Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent,and able to provide all the
Work,in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained,
IT IS HEREBY AGREED by City and Contractor as follows:
ARTICLE I
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. "Project," as used in this Agreement and the other Contract Documents, means the
building, facility,and/or other improvements for which Contractor is to provide Work under this Agreement.
It may also include construction by City or others.
C. "Work,"as used in this Agreement and the other Contract Documents,means all labor,
services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to
accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications
Agreement 00300-2
and Drawings)to this Agreement and the other Contract Documents,in full compliance with all requirements
set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in
Article VI of this Agreement. The Work may refer to the whole Project,or only a part of the Project if work
on the Project also is being performed by City or others.
D. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project sit* 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 seventy F
($ 74,601 .50 1 This amount shall include all costs, permit fees, Bolded,
profit,
expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the
"Contract Amount."
B. The Contract Amount is subject to final determination of Work'porformed at unit
prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit
E are estimates only,are not guaranteed,and are solely for the Purpose of comparing bids and determining an
initial Contract`Amount. Determination of the actual-quantities and classifications of unit price Work
performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E
will be based on actual quantities,determined by City.
C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be fudl
compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and
anything else necessary to complete the respective items in place,in full compliance with all requirements set
forth in the Contract Documents. All costs,permit fees,profit,overhead, expenses,taxes, and compensation
of every(Find related to the Work are included in the lump sums and unit prices set forth in Exhibit E. No
labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by
the Contract Documents for the proper and successful completion of the Work shallbe paid for outside of or
in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in
Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit,
overhead,expenses,taxes,and compensation of every kind in connection therewith are included in the prices
set forth in Exhibit E.
D. If estimated quantities set forth in Exhibit E are materially changed so that application
of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit
rices shall be equitably adjusted.
E. This Agreement is subject to the City Ordinances, and payment shall be limited to the
amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this
Agreement 00300-3
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 V1.
ARTICLE III.
PROGRESS OF WORK/SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated in a written
notice("Notice to Proceed')that shall be given by City to Contractor.
B. Contractor shall achieve Substantial Completion(as defined in Article V, Paragraph F
of this Agreement) of all the Work not later than M working days after the date indicated in the Notice to
Proceed for commencement of performance of the Work. A working day is any day, except Saturdays,
Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous worldng
time. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items
as Promptly as permitted by weather conditions or any other conditions affecting completion of the Work.
C. If the Contractor failures to achieve Substantial Completion in accordance with this
Agreement, City may exercise its rights under-Paragraph F below and Article XIII of this Agreement, under
11 circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure
._'0 achieve Substantial Completion in accordance with Paragraph B above.
D. Time is of the essence in the performance of the Work and any other Contractor
Obligations
under the Contract Documents. Contractor shall upon commencement of conshuctionwork daily
to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This
Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement
weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday,
holidays or days of impending inclement weather.
E. Promptly after the execution of this Agreement, and in any event before commencing
Performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies
the dates on which Contractor plans to begin and complete various parts of the Work, including dates es
which information and approvals are required from City. Upon City's written approval of the schedule,
on
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project With each Application for Payment Under Article V of this Agreement, Contractor shall submit an
updated, current schedule. Neither the original schedule nor any update shall exceed time limits current
under the Contract Documents.
F. In the event Administrator determines that performance of the Work is not progressing
as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be
r-,+shed within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to
,,, other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the
Contract Documents and clearly indicates that all Work will be completed within the prescribed time.
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G. Contractor shall submit to City for review and approval all shop drawings, samples,
product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to
City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall 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 WodL Review and approval of any Contractor submittal shall
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples,product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved.submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from errors or
omissions of any kind on the approved submittals.
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated
by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
City and Contractor, and are the Contract Documents:
`- 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR.
2. SCOPE OF WORK(Exhibit A to this Agreement).
3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement.
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
6. HEMIZED PROPOSAL(Exhibit E to this Agreement).
7. PREVAILING WAGE RATES(Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the Contract Documents, maldng 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
Contract Documents as City directs.
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ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with
a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual comptalion 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 firnn 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
fiunished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier
from such payment. Contractor shall include with.each Application all supporting documentation as City
may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all
supporting documentation to City's designated representative, provided all Work and documentation are
acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all
�- subcontractors and suppliers to whom payment is owed fiom 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 andcertify for payment such
amounts as Administrator determines are due Contractor. From the total amount certified, Administrator
shall withhold five percent as retainage until Substantial Completion of all the Work,as defined in paragraph
F below. The City Treasurer,upon presentation of such certificate,shall prepare a check for the sum certified
to be due (exclusive of retainage), payable out of the fiords in the City Treasury available for Contractor
under Ordinance No. 2008-44 1 . 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
`tainage) all debts for work performed or materials supplied included on any previous payment application
�. City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any
and all claims or rights in connection therewith
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F. Contractor's retainage shall not be released until Contractor notifies City's designated
representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work
shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents
for achievement of substantial complexion of all the Work have been satisfied and the Administrator
determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City
can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days
of Administrator's certification that all the Work is Substantially Complete. If there are minor items
remaining to be completed upon Substantial Completion, an amount equal to 200%of the value of each item,
as determined by Administrator,shall be withheld until such items are completed.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits
an application for final payment, all requirements of the Contract Documents arecomplied 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 fiords 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,
4Qcluding but not limited to the following:
1: Unsatisfactoryjob progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the
Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor's breach of this Agreement,or
7. Contractor's failure to provide requested documentation.
-- J. If Contractor does not pay subcontractors or suppliers for labor and/or material
Properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any
payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision
shall not confer any right upon any subcontractor or supplier to seek payment directly from City.
ARTICLE VI
CHANGES/CLAIMS
A. City, without invalidatingthis Agreement,gceement, may at any time and without notice to any
surety, order additions to, deletions fiom, or other changes to the Work. Upon receipt of such an order, in
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writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any
addition, deletion, or other change without a written order. No oral directionor order shall constitute
authority for Contractor to proceed with any addition, deletion,or other change. If Contractor undertakes any
addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any
_ increase in the Contract Amount or the time for performance of the Work,and Contractor shall be solely and
completely responsible for the acceptability to City of the addition,deletion,or other change.
" B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance,the Contract Amount shall be increased or decreased as follows:
1. If the Work involved is covered by unit prices set forth in Exhibit E,by application of
such unit prices to the quantities of the items involved;or
2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump
sum as to which Contractor and City mutually agree prior to the commencement of
Performance of the change,or
3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement
to a lump am is not reached,the change shall be performed on the basis of reasonable
expenditures and savings of those performing the Work attributable to the change,
including, in case of a net increase in the cost of Contractor's performance, a
reasonable allowance on the net increase for overhead and profit, subject to the
following:
Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of
expenditures and savings together with appropriate supporting data Unless otherwise provided in the
Contract Documents, costs shall be limited to the following: costs of labor, including social security,
_ old age and unemployment insurance, fringe benefits required by agreement or custom, and workers'
compensation insurance;costs of materials, supplies, and equipment,including cost of transportation;
rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or
_ others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes
related to the Work; and additional costs of supervision and field office personnel directly attributable
to the change.
_ If a change to the Work causes an increase or decrease in the time required for Contractor's
performance, an equitable adjustment to the time for performance shall be made.
_ C. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is. in fact, any such
enrichment,shall be the basis of any claim to an increase in any amounts due under the Contract Documents
r 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
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direct and indirect costs
associated
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with sucho
clang and an and all adjustments)ushaenta to the Contract Amount and
" time for performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or
" prosecution of the Work by an act or neglect of City, an employee,officer,or agent of City,or an architect or
engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work,an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended,provided that Contractor gives
notice as provided for in Paragraph F below.
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from,or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the fivaday 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 time Work,
Contractor from proceeding with prosecution of the Work,including any Work as changed.
ARTICLE VII
INSURANCE
-- A. Contractor shall,at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City, against claims for damage
to property and/or illness o4 in to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits:
a. Each occurrence $1,000,000.00
b. General aggregate $2,000,000.00
C. Products/completed operations aggregate $2,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Bit contractors property
•
• Explosion,Collapse,and Underground Damage
2. AUTOMOBILE LIABILITY-Contractor shall provide coverage for Contractor, City,
its employees, officers, and agents, and any architects, engineers, or other design
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professionals engaged by or on behalf of City, against claims for bodily injury and/or
property damagearising out of the ownership or use of any owned, hired, and/or nori-
, 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 sha11 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
• fly mjinY 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+Xl" in Best's Insurance Guide, latest edition. All insurance
shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each
policy providing general liability coverage shall provide contractual liability coverage for all indemnity
obligations of Contractor under the Contract Documents. Each policy providing general liability or
automobile liability coverage shall, in form satisfactory to City, (1) name as additional insureds City, its
employees,officers, and agents,and any architects,engineers,or other design professionals engaged by or on
`- behalf of City,and(2)provide that it is primary to any other insurance maintained ss any additional insured,
which other insurance shall be excess or contingent
C. Contractor shall maintain the products and completed operations coverage for not less
than one year after the date of final acceptance by City ofall of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors,
and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater"all risk"or equivalent
form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at
least against the perils of fire, lightning, explosion, wind storm, had, smoke, aircraft and vehicles, not and
— civil commotion, theft, vandalism, malicious mischief; debris removal, flood, earthquake, earth movement,
water damage, wind, testing, collapse, and damage resulting from defective design, workmanship, or
material. This insurance shall,without limitation,insure portions of the Work stored on or off the project site
or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely
responsible for any deducible 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
''%.eir respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks
,,—jvered by the property insurance provided for in this Paragraph D, except such rights as they may have to
the proceeds of the insurance.
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E. All policies and certificates of insurance shallprovide no ,
written notice to City in the event of cancellation, expiration,non-renewal, alterati less;than 3o days prior
tion(including
but not limited to reduction by paid claims)of coverage or limits contained in the policy Or eviidenced 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
certificate or certificates shall be delivered to City's designated representative not lVII. The
em than seven days before
Contractor first performs any of the Work. All policies except Workers'
Liability shall contain a waiver of subrogationCompensation and Employer's
in favor of City and its employees,officers, and agents,
P. Contractor also shall maintain any additional insurance coverages and any higher
limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
ARTICLE VIII
INDEMNITY
` A. To the fullest extent permitted by law, Contractor shall dofand, indemnify, and hold
harmless City, its employees, officers, and agents, and any, architects, engineers, or other design
Professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorneys fees, arising out of or resulting from the Performance of the Work,
provided that such claim, damage, loss, or,expenses is attributable to bodilyinury, sickness, disease, or
death or to jinury to or destruction of tangible property (other than the Work itsejlf), 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 liablq regardless of
whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This
oObat�uid s not intended te exist o,, and shall not,negate, abridge,or reduce other rights or obligations of indemnity
to a Party or person described in this Paragraph A.
B. In claims against any person or entity indemnified under the
Precedinan employee of Contractor, a subcontractor or supplier, or anyone directly or indirectlyBoy em aragraph A or
for whose acts they may be liable,the indemnification obligation under Paragraph A shall not be limited by a
limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a
subcontractor or supplier under workers' compensation acts,disability benefit acts, or other employee benefit
acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents
from againers st anyn claim, action or suit that may be brought against them for Contractor's infiingement of
any 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,
expenses sought, adjudicated, or recovered against an of th decrees, damages, costs and
'nfingement. Y em, on account of any such actual or alleged
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ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE
�. A. Contractor represents and warrants that it has not employed or retained an
or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement,any company
that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission,percentage,brokerage fee, gift,or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise
recover,the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
dhwdy 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 chargeable to City. For lump sum contact
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, includingextra Work, not
charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all
contracts, subcontracts, material bills, correspondence,'accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon
reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during
normal business hours to verify the accuracy of Contractor's invoices and charges.
ARTICLE XII
NOTICES
A. The following persons are designated by the respective parties to'act on
i'�:half of such party and to receive all written notices and Payment Applications:
For City. F_or Contrac►�*
Agreement
00300-12
L
David Blackburn Brian Gordon
City Administrator v; ..a Pr idn t-!
City of Riverside,MO MPga Tn8listr; ec rnrn
2950 NW Vivion 1 491 Trnn c�
Riverside,MO 64150
�nrrt, u=.,C=.Q r; rJ,� MQ rd'1 7 C
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 famish 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 IOII
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, fiunish 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 pad or all of the Work, City
and its designers 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,
"mages, and claims sustained by or assessed against City as a result of any delay or-disruption resulting
,,jm any default by Contractor. The total amount of such costs,expenses,charges,liabilities, fines,penalties,
losses,damages,and claims may be deducted by City from the amount,if any, otherwise due Contractor,and
Agreement 00300-13
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 fivm full and absolute responsibility for all of Contractor's obligations under the Contract
Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain five to
pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed
as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for City's own convenience by giving written notice
oto Contractor. Upon receipt of notice of termination for Ciges_convenime;._Conftctor sludgy-to-tyre extent
directeri by City, stop-woji 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 firther 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 WITI3 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, rut
regulations, and criteria for work within or adjacent to a flood control project area Contractor shall secure
all permits from public and private sources necessary for the fWfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
nclude (a) a signed statement, in form acceptable to City, showing, for each weekly payroll
aded during the period covered by the Application for Payment,the names that
e, address, social security number,
occupation,and craft of each worker employed by Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
Agreement 00300-14
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L.
`-'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
rovide that it is fieely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
�y present or firture 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 subcontracts)
and/or purchase order(s)that City designates in the writing. This assignment may be accepted by City at any
time, whether before or after final payment to Contractor,and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
The public street shall remain open to traffic at all times. Driveway access to adjacent property shall be
restored at the end of each working day.
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work m an area, Contractor shall
clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus
—vterials. Contractor shall make provisions to minimize and confine dust and debris resulting from
�,_,attuction activities. If Contractor fails to comply with cleanup duties within 24 hours after written
notification from City of non-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor.
Agreement 00300-15
ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perform all the Work.
ARTICLE XIX
WARRANTY
_ A. Contractor shall exercise high professional skill, care, and diligence in the
Performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted
good professional practices. If any defects in the Work are discovered within one year fiom final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B... Contractor shall remain solely responsible for the performance of the Work as required
by the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article XD{ 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.
ARTICLEX9
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all
saf
ety
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
Sigoated for removal,relocation,or replacement in the course of construction.
Agreement
00300-16
B. Contractor shall give notices and comply strictly with applicable laws,
rules, regulations, orders, and the like bearingordinances,
image,injury,or loss. on ordinances,
°fog or property or their protection fiom
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
take corrective measures satisfactoryto City, or both If Contractor does a stop Performance of the Work or
Y perform them or have them to
and deduct their cost from the Contract corrective
Amount Contractor shy
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 XXH
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor an
employ, or agents shall be deemed an employee Y subcontractors, suppliers,
P Yee or agent of City for any purpose,
ARTICLE XXIH
CONFLICT
Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in
the Contract Documents, or between any Contract Document and actual field conditions, and City shall
resolve such conflict,ambiguity or inconsistency in its sole discretion.
ARTICLE- XIV
BONDS
Prior to commencing any Work, Contractor shall obtain fiom a recognized surety acceptable to
Administrator, a Payment bond and a performance bond in the forms at Exhibits C and D to this Agreement,
guaranor in anothertee form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall
and secure Contractor's proper performance ind completion of the W and
Contract °�' Performance of all
Of Contractor's obligations and duties under the Co
_ 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
SEVERABII.ITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable,the remaining Provisions shall remain in fWl force and effect
ARTICLE XXVI
NO PRESUMPTION AGAINST THE DRAFPER
Agreement
00300-19
I
I
No presumption or inference against City shall be made because of City's preparation of this
Agreement or other Contract Documents.
ARTICLE XXVII
DISPMS/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 fimn the other party
its reasonable attorney fees,costs, and expenses arising from such litigation.
ARTICLE XXVIII
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically,but without limitation,the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXIX
-- ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties
with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any
Other Contract Document may be amended, changed, or supplemented only by written agreement exec
by both of the parties. uted
Agreement
00300-18
L
THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by
City and Contractor,
IN
represen WUNESS WHEREOF,the parties have caused this Agreement to be executed by their authorized
MY OF
RIVERSIDE
By
ATTIES MAYOR
C C RK
By
(Signature
Printed Name: BMan Gordon
Tide: VIC* President
Agreement
00300-19
�•� �TBIT A
OP nF�=gyp K
Contractor shall perform the following Work:
All Work necessary to construct Renner Brenner Park Drainage Improvements through the limits of
the Project as shown on and in accordance with t
Exhibit B he Specifications and Drawings referred to
Placing a cuin
u the Agreement. The Work consists ctraising the level and widening the bike trail and
culvert underneath the trail. The project includes grading and tree removal
drainage. All disturbed armto facilitate
Will be brought back to their original condition, including sodding of
the grassed areas.
Agreement—Exhibit A
Page- 1
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��.• FX�IIBIT B—SPEr•mrr•-rrn,:,e ww7n r.n ?
The following Specifications govern Contractor's Performance of the Work:
"Renner Brenner Park Drainage hnprovenents Specifications: (Divisions 1 through 3 of the Project Manual)
dated December 17, 2007 including appendices, addenda, and all other documents and specifications
referenced therein
The Drawings govening the Work aro as follows;cover sheet dated December 17,2007:
Sheet Descn�nznv Sheet Nn_
` SHEET 1
EMOLIITON PLAN 2
RADINC3 AND EROSION CONTROL PLAN 3
LAN AND PROFILE SHEET 4
ETAIL SHEET S
SITE LANDSCAPE PLAN 6
i
Agreement—Exhibit B
Page- 1
I
6- Bond No: 08920803
�- miBIT C--PRRFnR HAND ri M
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
�- AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
2008, designated Ordinance No.
in every
particular, Mega Industries Corporation
FFidelity an eposit ompany vf Maiy an as Principal, and
PO Box 1227, Baltimore, MD 21203 410/539-WQ
urety, hereby bind themselves and their
respective heirs, executors,
administrators, successors, and assigns, unto the City of Riverside,
Missouriin thepenal gum of Seventy Four-Tlteasand Six Hundred One & 50/100 ($74,601.50)
lawful money of the United States, conditioned that in the event Principal shall ftuthfully and
properly complete the Work required by the Contract Documents described in the Agreement
and perform all of its oblt- tions and duties pursuant to the terms of the Contract Documents,
including, without limitation, all warranty obligations and duties and incl
uding those under
which Principal agrees to pay the prevailing hourly nate of wages for each craft or type of worker
required to execute the Work in the locality'At dWri ained by the Department of Labor and
Industrial.Relations of Missouri or by final judicial determination pursuant to the Provisions of
Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of
Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety
hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms
of the Contract Documents or to the Work to be performed thereunder shall in any way affect its
Obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
r
Agreement-Exhibit C
Page 1
V.
f
Mega Industries Corporation
PRINCIPAL
By.
(Si �
Printed Name:
Title: A Gardnn
Date: —VJC4
Fidelity and Deposit Company of Maryland
SURETY ,yq
By: V 1 IgQngtAe�/ '
Printed Name: LindaS1L. Nutt
Title: _ Attorney-;n-Fart
�-�- Date:
The Signatory of Surety has attached hereto its proof of authorization to bind Surety to this
obligation.
C�0 THOMAS MCGEE, L.C.
920 MAIN ST., STE. 1700
PO BOX 419013
KANSAS CITY, MO 64141-6013
816/842-4800
Agreement-Exhibit C
Page-2
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EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President or any Vice President that is specially
authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary,shall have the power,by and with the concurrence
of the Secretary,to appoint Attomey-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf
of the Company any bonds, undertaldngs, recognizanoes, stipulations, policies, contracts, agreements, deeds, and releases and assignments of
judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the
Company may require,and to affix the seal of the Company thereto."
CERTIFICATE
1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power
of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate:and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-presidents specially authorized by the Board of Directors
to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May,1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of
any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of
L.L.Goucher Assistant Secretary
LBond Number: 08920803
Obligee:City of Riverside
r
I
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a;eorporration of the State of
land,by Frank E.Martin,Jr.,Vice President and Gerald F.Hal Assistant Secretary,Mary Haley, in pursuance of authority granted by Article VI,Section
2,of the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date
hereof,does hereby nominate,constitute and appoint:
Linda L. Nutt
of Kansas City _ MO its true and lawful agent and Attomey-in-Fact,to make,execute,seal and deliver,
for, and on its behalf as surety, and as its act and deed: Bond or undertaking number 08920803 issued on behalf of
Mega Industries Corporation 'as Principal in a penalty not to exceed the
sum of See Bond Form ($See Bond Form)and the execution of such bond
or undertaking in pursuance of these presents,shall be as binding upon said company,as fully and amply,to all intents and purposes,as if it had been
duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,MD,in their own proper persons.
The said Assistant Secretary does hereby certify that the extract set forth on We next page hereof is a true copy of Article VI,Section 2,of the By-Laws of
._ said Company,and is now in force.
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal
of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 4th day of September, A.D.2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Gerald F.Haley Assistant Secretary Frank E.Martin,Jr. 11ce President
State of Maryland
County of Baltimore
On this 4th day of September,A.D.2007,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,
came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELffY AND DEPOSIT COMPANY OF
MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each
acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said
officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation. I
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. _
J"'111.ItIn
y
IIU
M„nr11j>
Connie A.Dunn Notary Public
My Commission Expires: July 14,2011
Bond No: 08920803
' � SIT D—pAVA,iR�tT nn�m i
Mega Industries Corporation
and the MY OF RIVERSIDE, MISSOURI, have
entered into an Agreement dated
2008, designated
Ordinance No.0?44 -i6ri�
Mea Industries Corporation
Fidelity and Deposit Company o1 ary an as Principal, and
PO Box 1227, Baltimore, . MD 21203
as Suety,hereby bind themselves and their
respective heirs, executors, administrators, su
ccessoni, and Seventy Four Thousand undredd One 10 the and of Riverside,
Missouri, in the penal sum of 50/100 Dollars ($74,601.50)---------
lawful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
Department of Labor and lndusttial Relations of Missouri or by final ,judicial determination
Pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missoui, and shall timely pay to the proper parties all
amounts due for material,machinery, equipment and tools, consumed or used in connection with
the construction of such Work, and all insurance premiums,workers, compensation,and all other
kinds of insurance, on such Work, and for all labor
Performed in such Work whether by
Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the
use of such Pales, 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
i
Documents or to the Work to be performed thereunder shall in any wise affect its obligation on
Agreement-Exhibit D
Page 1
this Bond, and it does hereby waive notice of any such change, extension of
time, alteration or
addition to the terms of the Contract Documents or to the Work
Mega Industries Corporation
PRINCIPAL
By:
Printed Name: X 10101on
Title.. CG resident
Date.
Fidelity and Deposit Company of Maryland
SURETY
( gnature)
`v Printed Name: Linda SiL.Nutt
Title: Attorney-in- act
Date.
The Signatory of Surety has attached hereto its proof of authorization to bind S
>:uety to this
obligation.
q0 T}-!OMAS MCGEE, L.C.
•�20 MAIN ST., STE. 1700
PO BOX 419013
�- KANSAS CITY, MO 64141-6013
816/842-4800
1
Agreement-Exhibit D
Page-2
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Bond Number. 08920803
L
Obligee: City of Riverside
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland,by Frank E.Martin,Jr.,Vice President and Gerald F.Haley, Assistant Secretary,in pursuance of authority granted by Article VI,Section
2,of the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in flail force and effect on the date
hereof,does hereby nominate,constitute and appoint:
Linda L. Nutt
of Kansas City MO its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,
for, and on its behalf as surety, and as its act and deed: Bond or undertaking number 08920803 issued on behalf of
Mega Industries Corporation .as Principal in a penalty not to exceed the
sum of See Bond Foran ($See Bond Form)and the execution of such bond
or undertaking in pursuance of these presents,shall be as binding upon said company,as fully and amply,to all intents and purposes,as if it had been
duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,MD,in their own proper persons.
The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a hue copy of Article VI,Section 2,of die By-Laws of
r. said Company,and is now in force. I
IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal
of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 4th day of September, A.D.2007.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
X
�. Gerald F.Haley Assistant Secretary Frank E.Martin,Jr. Vice President
.., State of Maryland
County of Baltimore ' } Ss:
On this 4th day of September,A.D.2007,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,
came Frank E. Martin, Jr., Vice President, and Gerald F. Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each
aclmowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said
officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said
—' Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporation.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seat the day and year first above written.
4-5 QtirtY)t i
Hill
Connie A.Dunn Notary Public
My Commission Expires: July 14,2011
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President or any Vice President that is specially
authorized by the Board of Directors or the Chairman in concurrence with the Corporate Secretary,shall have the power,by and with the concurrence
of the Secretary,to appoint Attorney-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf
of the Company any bonds, undertakings, rerwgnizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of
judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the
Company may require,and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power
of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF
MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Director:of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 5th day of May,1994.
RESOLVED: `That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice-President Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of
any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of
L.L.Goucher Assistant Secretary
� Vrr
�� EX�iIEIT —pj` JpT DDnnr.Q w 7 r
RENNER BRENNER PARK DRAINAGE IMPROVEMENTS PROJECT
TO: CITY OF RIVERSIDE,MO
1. The undersigned bidder hereby proposes to furnish all materials, supplies,
tools, equipment and plant, perform all n tiam�° O�
all work stipulated in, 'Y labor and conshuct, install and complete
(incl required by,and in conformity with the Proposed Contract Documents
(including all documents referred to therein) and any and all addenda thereto, for and in
consideration of the price of ` `
dollars
for Brd Item Numbers 1 through V
The Contract
forth in this Items Zuunt is subject to Seal determination of Work performed at unit prices set
Proposal. The quantities of items of unit price Work set forth in this
Proposalare estimatesonly, are not guaranteed, and are solely for the prise of comparing
bids and determining an initial Contract Amount.
2: a) determination of the actual Unless otherwise noted in Divisions I and
will be made by City and b) tities and classifications of unit price Work performed
will be based on actual auaatitipayment for all unit priced items set forth in this Proposal
es: by City.
The undersigned fimther'es to begin upon the date stated in the Notice to
bid is accepted, and to complete all work as provided m Article IV Proceed, if this
City of Riverside,MO and Contractor, of Agreement between
2. In submitting this bid, the undersigned declares that it is of lawfirl age and executed the
accompanying bid on behalf of the t[ lyr.thi ein named, that it had lawful authority so
to do. The undersigned firther declares that it has not directly or indirectly entered into any
agreement, expressed or implied with any bidder or bidders, having for its object the
I of the price or amount of such bid or any bids, the limiting of the bid or bidders,
the parceling or farming out to any bidder or bidders, or other persons, of any part of the
Contract or any part of the subject matter of the bid or bids or of the profits thereof; and that
it has not and will not divulge the sealed bid to any person whomsoever,except those having
abp �other financial interest with bidder in said bid or bids, until after sealed bid
or 3. The undersigned further declares that it has carefully examined the Notice to Bidders, and
with the local sources of supply, and has satisfied itself as to aother Contract Documents,and that it has inspected the actual location of the work, together
I conditions and quantities,
and understands that in signing this Bid it waives all right to plead any misunderstanding
regarding the same.
4. The undersigned hereby agrees to fimush the required bonds and insurance certificates and
_ execute an Agreement within ten(10)calendar days from and after the Notice to Proceed for
the Contract, and failure -`he bidder to do so shall constitute a default, and the City may
thereafter take such spar-t tect its legal rights as it deems in its best int
ere
but not limited to,enforcement of its ri . including,
as to bid security,
Agreement-Exhibit E
Page 1
S. Undersigned ackn&eed J
the followin addenda 8 receipt of the Plans and Specifications for the project including
" (complete)
Enclosed is a certified check, cashier's check or bid bond in the amount of
DOLLARS ($ ) which the undersigned a
to being forfeited to aad b gn glees is subject
econ ing the property of the City as liquidated damages and not as
a penalty, together with other legal remedies the City may choose to invoke, should this Bid
be accepted and the Contract be awarded to this bidder and it should fail to enter into an
Agreement in the form prescribed and to firmish the required insurance, bonds and other
required documents within ten (10) calendar days as above stipulated, otherwise the bid
security shall be returned to the undersigned upon signing of the Agreement and delivery of
the approved bonds and other required documatts to the City of Riverside,Missouri.
DATED in this_day of
2008.
I r
y
Contractor
" �✓ -- Brian Gordon We President
o nn nn
(SEAL)
4 i / l 1-94.x,.
`4 y Ti
Address
Telephone Number
V.
Agreement-Exhibit E
Page-2
JAN, 24. ?0H 4 '.l"rni N0. iois ?. o
ITEMIZBD PROPOSAL
NIT PRICE
ITE BID ITEM DESCRIPTION FIST. UNIT PRICE EXTENSION
1 Mobilization 1 LS 3o� . 07.00
2 Earthwork Fill 211. CY . j)D ,00
3 a work Cut 393 CY. O
4 "A haltic Concrete Surface 325 SY
5 'As haltic Concrete Bast 325 SY �5-d0
6 'Compacted Granular Base 58 CY b0
7 torm Sewer Culvert Cast-in-Place) 1 LS 00 ,,60
8 Reinforcement Mat 202 SY b S-39.6 0
9 tour Stop4'x 4' sheet 8 EA 124, 1 ab- 00
10 ilt Fence 670 LF S `7�.6'0
11 Orange Safe Fence 1150 LF .So MILS;, 00
12 1,ThickWltiteStri ' 1 LS S&0,00 360.00
13
6"Diameter Bollard 3 EA ,0d , 00
14 andsca in 1 LS ad,W 16 Do 00
15 ExistingAsphalt Trail Removal 1 LS b 6 0
16 xistin Tree Removal 1 LS 97S•0 a
17 Reinforced Concrete 13 SY 2A,06 6,00
OTAL RID
Agreement-Exhibit E Page-3
a
ITEMIZED PROPOSAL
ITEM
NO. I BID MM DESCRIPTION EST. �I I, UNIT PRICE
1 obilization PRICE EXTENSION
2 workill 1 LS
3 work Cut 211 CY
4V9393 CY
haltic Concrete Surface
5 338 SY
tic Concrete Baso
338 SY
6 "� CnamularBase 57 CY
7 toren Sewer Calvet Cast-in-Placa 1 LS
8 Reinforcement Mat 202 3Y
9 tour S 4' x 4' sheet 8 EA
10 Ut Fence 670 LF
11 S Fence 750 LF
12 "Thick White striping 1 LS
13 "DiameterBollard
14 3 EA
1 L3
15 xis ' halt Trail oval 1 LS
16 xi Tree Removal 1 LS
't
OTAL BID
i
Agreement-Exhibit E
_ . Pago-3
r
EXHIB F—PRFVAiT nvc;WA f R R � g
A. Sial Wane Detn,n;n « • Prevailing hourly rates of wages follow, 8s determined by
the Division of Labor Standards,Jefferson City,Missouri.
Agreement—Exhibit F
Page 1
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
i^ L)
s
wrt
MATT BLUNT, Governor
Annual Wage Order No. 14
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and
Industrial Relations Commission,P.O. Box 599,Jefferson City, MO 65102-0599. Such objections must
set forth in writing the specific grounds of objection.. Each objection shall certify that a copy has been
fitraished 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.
Orittittal Sias y
Allen E. Dillingham,Director
Division of Labor Standards
This Is A True And Accurate Copy Which Was Filed With The Secretary of State:March q2007
Last Date Objections May Be Filed: Andl 9.2
Prepared by Missouri Department of Labor and IndustrW Relations
Building Con*ucdon Rates for REPLACMENT PAGE
�.. PLATTE County Section 083
0 Over-
OCCUPATIONAL TITLE Date of Hourly Time Hoddey Total F
Incrosae Rates Schedule Schedub ringe BeneSts
8ollannake�� 10V07 .89 52 53 .48
tone Mason 9/07 .40 57 7 18.15
Ce4107 80 58 39 12.61
Cement Masan 11.18
Electrician In dde Wireman24.17 86 4 15.77
Communication Technician su07 18 13 72 13.85+10%
Elevator Corabuc ip USE ELECTRICIAN INSIDE WIREMAN RATE
E sneer a 855 26 54 $18.055
Grou I 4107 .41 85 4
Grou II 4107 29.80 86 11.88
Grou III 4/07 4 11.88
Grou IIIA 4107 .05 85 4 11.88
Grou IV 8.26 85 4 11.88
Grou V 4107 5.65 85 4
P Filter 810711.86
Glazlw 28 2 16.28
Laborer Builds : 25.00 FED 2.30
General 4/07 23.25 30 4
Fist Seml•8kllled 4107 .85 30 4 10.78
Second SemFSkllled 4107 10.78
or .05 30 4 10.78
101sum LaverUSE CARPENTER RATE
4107 29.94 48 87 1
arbls Mason 7/07 .0.88
.79 25 4
Ir M USE CARPENTER RATE 1028
Iron Worker 28.10 50 4
Painter 4107 7. 37 4 19.10
05
Plasterer 12.11
Plumber 8/07 .72 B8 4 1524
PileDriver 18 46 33 17.07
Roofer USE CARPENTER RATE
Sheet Metal Worker 8107 29.25 95 2 11.14
S nkler Filter % 18 17 22 14.06
Terrace Worker80 14 4 14.15
Tib Setter 7107 529.79 25 4 1026
Truck Teamster, 7107 29.79 2S 4 10.26
Grou 1 4107 7.19 100 4
Grou II 4107 7.19 100 4 9.41
Grou III 41077.� 100 4 .41
Grou IV 4107 7.� 100 4 9.41
TraMc Control Servk a Driver 15.35 48 49 9.41
Weld lane 8 Eleciric 52.71
Fringe Benefit Percentage is of Bae Bask:Hourly Rate
` Attention Workers: If you aro not bekag paid Bae appropriate wage rate and hinge berae8ts contact the Division
of Labor standards at(573)751-3403.
�** . ual Incremental Increase
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.14
1010%
I
—�, Building Construction Rates k
PLATTE County Footnotes Section 083
OCCUPATIONAL TITLE Date of Hou
rly
0ImO HolidayIncrease Rates S Tchedule Schedule Total Fringe Benefits
Welders receive rate Prescribed for the occuPstbnal title performing operation to which welding is Incidental.
Use Building Conseudion Rates on Buildings)and Ati Immediate Attachments. Use Heavy Construction
rates for remainder of Project. For the occupational titles not listed in Heavy Construction Sheets,use Rates shown
on Building Construction Rate Sheet
a-Vacation: Employees over 5 years-�dnder b years-o%
ANNUAL WAGE ORDER NO.14
3ro7
PLATPSCOUNTY
^ OVD"MZ SCk1EDULE-BUH DWG CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act mama time and one-half(1 'h)shall be paid for all work in excess
of forty(40)hours per work week.
NO.I Means the maximum of eight(8)home shall constitute a day's work beginning at 8:00 s.m.to 12:00 noon,12:30 pm.to
4:30 p m. The maximum work weak shall be faty.(40)hours begboft Monday at 8.:00 a.m,and ea ft Friday at 4:30 pm.
Because of traffie,parking or other circumstance,the haus of work on any project may be any continuum 8%hours period(8
hours of work plus 30 minute for hmch)between 7:00 a.m.and 4:30 pm. When ch almstaoce warrant and when it is mutually
benelicial end agreed ons,the Employer may inethuae a work week consisting of fou(4)consecutive ten(10)haw days,between
the haus of 7:00 a.m. and 6:00 p m.Monday through Thursday,with ane-balf('h)hour allowed for a lunch period each day.
Friday may be used as a make-up day. After ten(10)hums in a workday,or forty(40)hours in a workweek,overtime shall be
paid at a rate of one and one-half(I%)lima the regular rate of pay. Ovadmo performed Monday through Saturday shall be paid
at the mate of one and one-half(194)times the mgukar tate of pay. Sundays ad recognized holidays shall be paid at the double(2)
time tate of pay. Labor Day sheik ba paid attriple(3) lima. Shift work maybe performed at the option of the Connador.
However,whenever shift work is performed it must cava a period not leas them(5)consecutive working days. The day shift shill
work a regular eight(8)hours shift as outlined above. Employees working a second stunt shill uaodve an additional$0.23 shover
the regular hourly nee and perform sewn and one-half(TA)boon work far alight(8)hours pay. Third shift employees aW be
paid an additional$0.50 above the mgplar hourly nteamd work seven(7)hour fbr eight(8)berm pay. In the event a Am shift is
not m*drod,a second and third shat employee shall receive ansidd doral 15%of the base nae and receive pay for acetal boon
worked.
NO.13: Means a regular workday shall consist of eight(8)bows between 8.:00 a.m.and 430 pin.Forty(40)hours,within ilve
(5)days—Monday through Friday inclusive—shell constitme the regular workweek Tia Employer may alta the above stated
hours by two(2)bouns for an early alerting god gait time only,not to exceed sight(8)hours of work in any one day. The
employer may ins Tuft it work week consisting of fou(4)consecutive ten(10)how days between the hours of 7:00 a.m.and 6:00
p.m.,Monday through Tlauaday. Friday may be used as a make-w coy. Atter ten(10)!onus in a workday,or faxty(40)hours in
r^ a workweek overtime shell be paid of one and one-bW(11h)timas the regular rate of pay. 'The first four(4)ham of
overtime after the normal workday. f Monday through Friday sad the fist ten(10)has of ovadrw on Saturdays dhnll be
paid for at one and one-half(194)times the regular straight time rate of pay. All other work performed outside of the regularly
scheduled working ham and eutaide of the list ten(10)ham worked on Saturdays shall ba paid for at double(2)the regular
straight time rasp cfpay. Sundays end do recognized holidays shell be paid for at double(2)the mgldrs Amight time rate of pay,
if worked. Shift work performed between the hoary of 4:30 pat.and 12•,30 a.m.(second sW$)shall be paid at eight(8)homy lay
at the P*gwhourly me phis ten(1094)percent for sewn and one-half(Th)hours work Shift work performed between the hours
r of 12:30 a.m.and 8.0 a.m.(third shift)dhall be paid at e&(8)h*slay at the regulon hourly rate plus How(15X)pert for
seven(7)hours work. A lunch period of Maly(30)minutes shall be allowed on each shift. Ail overtime work required aft the
i . completion ofaregular abid shalt be paid at one and one-half(l%)Since the ddit hourly ML
N0.14: Mans eight(8)horns per day shall constitute a day's wadi. The regular shaft time shall be 8..00 a.m.,and the regular
quitting time shall be 4:30 p=4 lunch time shall be twelve(12)o'clock soon to 12:30 pm The regular starting time may, by
mural consent of employces on the job site,and the employer,Wbdweum 7:00 a.m.and 9:00 am.with appropriate adjustments
made to%a regular quinit g time and lunch time. All time worked before the regular starting time and after the regular quitting
C time,Monday through Friday,shell be paid at the rata of time and ono-hdf(l%h AU work cramming with the begim»ng of the
established workday on Saturday shall be paid at the rase of time and ono-balf(1'h). All work commencing with the beginning of
the established workday on Sundays amd/orHolidays shall be paid at due rate of double(2)time.
C.
r
r ANNUAL WAGE ORDER NO.14
AW14 M CYrAoc -
gage I of a l'agea
PLATTE COUNTY
^ OVW""'U SCHEDULE-BUILDIIYG CONSTRUCTION
r
No.17: Meana the regular working day shall consist of eight(8)lows of labor between eight(8)am.and five(5)pm.and the
regular work week shall consist of five(5)consecutive eight(8)bow days of labor beginning on Monday and ending with Friday
of each weds. All fire-time or part4im labor performed during such hours shall be recognized as regular working hours and
paid for at the regular hourly rata Except as otherwise provided,all work performed outside of regular working hours during the
regular work weir,shall be at double(2)now the regular rate. When cuctunsfances warrant and when it is mutually,benefiew
and agreed to by interested parties,the Employer may institute a work week consisting of four(4)consecutive ten(10)hour days,
between the Iowa of ex(6)a.m.and five(5)pm.,Monday through Thursday. Friday may be used as a makeup day. The make-
tip day will be voluntary,and a decision not to work may not be bald against the employee. When working four(4)ten(10)]tour
days overtime will be paid at the time and one-half(l K)rate for the eleventh(11*)and twelfth(12')hour,all other work will be
paid at the double(2)time raps of pay. The first two(2)lours of overdue,Monday through Friday,and the first eight(8)hours
on Saturday shall be at time and one-half(VA)for all work. Ali other overtime shall be at double(2)times The first two(2)hours
of overtime must be concurrent with the regular work day,two(2)hours prior to or following the regular work day are at time and
one-half(1'A). The regular workday(as previously defined)on Saturday,is paid at tine and one-half(1'A). Work performed
outside of the regular Saturday work day is at double(2)lima All work performed on recognized holidays, or days locally
observed as such,and Sundays shall be paid at the double(2)time rate of pay. The starting time may be varied by one(1)how.
No.25: Desna regular waking hams of eight(e)haus shall constitute a w«khmg day between rte boos of 8:00 a.m.to 490
p.m, in a forty(40)hair working week of Monday through FrWW.Employment on Saturday, Sunday and legal boUdays,and
employment before or after the regular working hours shag be considered overtlme. Employment on Saturday,Sunday and legal
holidays shell be paid for at twice(2)tha regular hourly rate. Employment Brom 4:30 pm.to 12:00 midnight,Monday through
Friday,shall be paid for at are and one-alf(1'A)times the regular hauhy rata From 12:00 midnight until 8:00 a.m.on any day
shall be paid for at twice(2)the regular hanky rate.
t
NO.26- Means that the regular working day shah consist of eight(8)haus waked between 6:00 a.m.,and 5:00 p.m,five(5)
days per week,Monday to Friday,inclusive.Boma of work at each jobske aball be time established by the general contractor and
r waked by the majority of hides working lours may be changed by muted agreement). Work performed on
Construction work on Saturdays,Sundk, .red before and after the regular welling day on Monday to Friday,inclusive,shall be
classified as ovadmq and paid for at double(2)the rate of single time. The employer may establish lours worked on a jobsite for
a fare(4)ton(10)lour day work week at straight time pay for construction work;the regular working day shag consist often(10)
hours worloed consecutively,between 6:00 a.m.and 6:00 p.m,feu(4)days per week,Monday to Thursday.inclusive. Any work
performed on Fiiday,Saturday,Sunday and holidays,and before and atter the regular working day on Monday to Tlmusday where
a four(4)ten(10)has day workweek has been eetablishad,will be paid at two times(2)the single time rate of pay. The rata of
pay for all work perfmaedan holidays shall be at two times(2)tho*glatime rate of pay.
l . No.30: Means Monday through Sunday shall coosbtulo the work week. Regular staring time shall be 8:00 AM,except when
the work week is scheduled as a week with starling time advanced or delayed. Starting time may be advanced or delayed by the
employer rep to two(2)hours from the regular starting trema Eight(8)hours dell Constitute the work[day. All work performed
prior to or after the regular eight(Ji)hour work day,as described above,and all work performed on Saturday shall be paid at time
and one-half(1K)the regular rate. In the event that a scheduled eight(8)how work day is missed(not to include holidays)
because of events our of the control of the contactor,them that missed work day may be made up at straight time the following
r Saturday. It is recognized that not all employed working on a Saturday make-up day will lave worked the same number of hour
during the regular work week. It is farther recognized that my work after the forty(40)lours in a week must be paid at time and
one-half(1'A). Saturday make-up day shalt not be used to make up for time lost due to recognized holidays. The employer may
r establish a 4.10's schedule on projects(4 days with 10 hours par day). If using e.4-10's schedule,a Friday male-up day is allows&
If using a4(10)schedule,any work more than ton(10)hours in aday or forty(40)hours in a work weds shall be paid at the time
and one-half(1'A)raw. Friday meso-up day shall not be used to make up for time lost dew to recognized holidays. AU work
performed on Sundays or holidays shall be paid at the double(2)tines rate.
f
NO.37- The Employer may choose,at his discretion,to work five eight hour days or feu ten bora days with a Friday make-up
day,Monday thraxgh Friday et straight tines Overtime shed bepaid after eight(8)hours who working"five eight"and atter ten
f lours when working"four tem". All work performed on Sundays and recognized holidays shell be paid for at the rare of double
(2)rima All Saaa day work shall be paid fast the rete ofdme and one-half(1%)die mgulwwageram. AU night work d ding the
regular work week other clam the above-rgr"aped days shall be paid fa at the rate of time and one-half(IK)the regular wage
(� scale until midnight and double(2)time aA bq&except make-up time will be allowed under the following condition: In the
r event of inclement weather an exte ler projects which prevents working the fill regular eight(8)hour day,forty(40)baa work
It week schedule,a Saturday make-up day can be granted. Them said work on Saturday shell be paid at the atrsight time rate of pay
up to a maximum total of forty(40)hours per week.
r ANNUAL WAGE ORDER NO.14
Awa trey araac Page 2 of 6 Paaea
PLAT E COU\l 1
'�. OVERTHa SCHEDULE-BUILDING CONSTRUCTION
i
NO.45: Means eight(8)bouts shall constitute a day's work,beginning at 8:00 a.m.and ending at 4:30 pm. 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,paruns and other
circumstances,the hours of work on any prgat may begin as eery as 6:00 a.m.with eight(8)hours worked between 6:00 a.m.
and 4:30 p m. When circumstances warrant and when it is mutually beneficial and agreed to,the employer may unstitate a work
week consisting of four(4)consecutive ten (10) hour days, between the hours of 7:00 am and 6:00 p.m., Monday through
Thursday. Friday may bo used aro a make-up day. After ton(10)hours in a workday,or forty(40)hone in a workweek,overtime
shall be paid at a rate of one and ono-holf(1'h)times the regular rate of pay. All overtime Monday through Saturday shall be paid
at the rate of time aro one-half(1'fi)the regular rate of pay. Sunday and recognized holidays shall be paid at double(2)dme.
Labor Day shall be paid at bVie(3)time. Shift wait may be performal at to option of the Contractor. However,whenever shift
wort is performed it must cover a period not less than(5)consecutive working days. The day shift shall work a regular eight(8)
hours shift as outlined above. Thee hourly rate for second shrift(seven and ono-hef hems worked for eight hours paid)shall be
twenty-five kerb($0.25)ova and above the hourly rata The hourly rate for third shift(saves hours worked,eight hours paid)
shall be fifty cel($0.50)above the hourly rata N no first shift is worked,second and t1drd sbuft employees shall radve an
additional fifteen percent(15%,)over and above the hourly rate for actin hours worked.
NO.46: Mass the res wmk day shall be aught(8)houro fi'om 6AWaxL to 6:30p m. Starting date may be betwan 6.00 s.m.
and 10:00 am. The regular work week shall be forty(40)hone,beginning between 6:00 a.m.and 10:00 e.m.on Monday and
r ending between 2:30 p m. and 6:30 pm. on Friday. Ail boom in excess of the regular work day and wort week shall be
considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for at the rate of time and
ore-half(l%)the regular rote. Sunday and recopized holidays"be paid for at tie roe of double time(2)for than worked.
r The Employer tray establish a workweek consisting of four(4)days,Manday through Thuraft each day consisting of tea(10)
horns atstraighttime rem ofpsy. The 4-10's must ran for apedod of at least four(4)days.
NO. 48- Means the regularly scheduled work wait shall be five(5)consecutive days, Monday through Friday or Tuesday
r^ through Satrday. Eight(8)hours shall consiitnae a day's work. Starting time shall not be earlier than 7:00 a.m.nor lata than
10:00 a.m. Forty(40)haus shall constitute a week's work. Overtime at the rate of time and one-half(1%)will be paid for all
work in excess of forty (40)boom in any one work week.On the Monday through Friday sche&* all work performed on
Saturday will be time and one-half(1t%)unleas time has been leer.during the week,in which case Saturday,will be a make up day
r to the extent of the lost time. On the Tuesday through Saturday schedule,all work performed on Monday will be tuna and one.
half(1'h)unless time has been lost durins the week,in which an Monday will be a make-up day to the cattent of the lost time.
Any work performed on Sunday will be double(2)rima Nemployees work on any of the recognized holld4%they shall be paid
r time and one-half(1'h)their regular rate of pay for all hers worked
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No.50. Means eight(8)haus constitute a normal day's work Monday through Friday. Any time worked over eight(8)hours
will normally be paid at time and one belf(1%) m:cV for exclusions stated in some following additional semences. The
r Employer,at his discretion,may start the work day between 6:00 am.and 9:00 am. Any schedule chosen shall be started at tie
beginning of the work week(Monday)and used for at lout five days, Work may be scheduled on a four(4)days a week(Monday
through Thursday)at tan(10)(tours 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. Than and one-half(11A)shail be paid for any work in exams of eight(8)hours in any
regular work day Monday through Friday unless working 4.10'x,then time and one-half(1%)after tan(10)boon. Ail work
l . performed on Saturday will be time and one-half(1'fi) Double(2)time shall be paid for all work on Sundays and recognized
holidays.
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(— ANNUAL WAGE ORDER NO.14
AW14 083 0TAoc Per 3 0G6 Paget
PLATTE COUNTY
—� OVERT=SCHEDULE-BUILDING CONSTRUCTION
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NO.52. Means the regular workweek shall consist of five(5)eight(8)hour days,Monday through Friday. The regular workday
shall consist of a eight(8)hour period,to be wormed between the agreed upon starting time,and coding no later than 4:30 pm
'lbs agreed upon starting timer shall be any time between the hours of 6:00 am and 8:00 am The option exists for the employer
to use a four(4)day,to(10)hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. if
the job requires men on duty all five(5)days,then part of the crow may.work the tint four(4)days and the remainder of the crow
may work the last feu(4)days. Baas each day shall be from 7.0 a.m.to 5:30 pm Interested patty's on the project must agree
to this clause before it may be used. Once this clause has been pat roto effect,it shall tmroin as long as the majority of the
Employees on die project and the Employer agree to keep it. The four(4)day clause shell not be used to circumvent a Holiday.
Except as otherwise provided,all wait performed outside the regular working hours and performed during the regular work week
(Monday through Friday)shall be at the following Mae of pay:
jodWWNew Year's Day,Memorial Day,IodVendence Day,Thanksgiving Day,Christmas Day(or days observed as
such)shall be recognized as Holidays that"be paid d two(2)times the regular rate of pay.
jA&j-No work stall bepeff meed on Labor Day except in special cases of emergency. Rate of pay shallbe atthtee
(3)times the regular rate ofpsy.
QMKdMtWork performed outside of the regular work day(the regular work day shall consist of an eight(8)herr period,
to be waked between the agreed upon starting tiara,and ending not tater then 4:30 pm The speed upon starting time shall be
any drae between do hours of 6:00 a.m.and 8:00 Lm,by midud consent of do interested paws.),shall be:
A. Hwa worked Monday through Friday,the tint two(2)horns of ovwdme will be paid at time and one-half(154).
r Ali other overtime will be paid at the double(2)time n%
B. the fist ten(10)boors waked or Saturday will be paid at time and one-half(I%4 with all other hours to be paid at
the double(2)time rata
r C. Sundays and Holidays(except Labor Day)shall be paid at the double(2)time rev.
I, NO.57: Meana eight(8)hours per day shall constitute a day's work and forty(40)hours per week,Monday through Friday,shall
constitute a war's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutud consent of
authorized personnel. When circumstances warrant,the Employer may change do regular workweek to four(4)too-hour days at
the regular time taro of pay. R being understood drat all other pertinent information must be adjusted accordingly. All time
worked before and after the established workday of eight(8)hour,Monday through Friday,all time waked on Saturday,shall be
paid at the rate of time and one-half(1%)except in cases where weir is part of an employee's regular Friday shift. All time
waked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay.
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NO.58: Means eight(8)consecutive boun,between 6:00 a.m.and 5:30 p.m.,shall constitute a days work. Five(5)days wale,
r Monday through Friday,shall constitute a name work week Work performed m excess of eight(8)hours per day or eight boom
beyond DQMWL=W9JhU AN that project excluding ketch Monday through Friday.and all work performed on Saturday,shall
l be paid for the rate of time and one-haif(1%4 When Sundays and recognized holidays are worked,the worker(s)shall be paid at
the rate of double(2)time. Work maybe scheduled on a far(4)days aweek(Monday throe&Thundsy)at ten(10)hours a day
r- schedule at straight times AFriday make-up day is avulable iftiow is lost due to inclement wether and at least sixteen(16)home,
but not mom than thi"(30)harm,were worked during the week.
NO.63: Meme eight(8)boon shill constitute the regular work day between time that may be advanced or delayed by two(2)
r liars on either side of 8:00 AM. The Employer may establish a work week consisting of four(4) days, Monday through
Thmsdsy,each day consisting of ten(10)hours straight time, The feu(4)tens(los)mum nm for a period of at least four(4)
days,Monday duough Thursday. All work on Friday on a four(4)done(10)project will be paid at the me of time and one-half
r (155). All work performed on Wortley"be paid ettime and are-half(1�h). Ali work performed on Sundays and recognized
holidays must be paid at double(2)time. AS work performed prior to or after the regular eight(8)hour work deg,or ten(10)hour
work day,as described above shall be paid at time and one-half(1'h)the regular raft
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AW14083 0TAX Pegs 4 of6 Passer
PLATTE COUNTY
-� OVERTIME SCHEDULE-BU1T:DING CONSTRUCTION
N0.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m.,with one half
hour for hatch between three and oat•half(3%)and five(5)hours attar starting lima The stating time may be advanced by two
(2)haus or delayed one(1)hour by the employer from the regular starting time. Alt work performed before the advanced darttu;
time and during the halt'hoar lunch shall be paid at the ovatime rate of time and one-half(1'h). Work perfotn ed outside these
hours shall be paid at the overtime rde of time and one-half(154),accept as provided otherwise below. Ali work performed an
Sundays or recognized holidays shall be paid at the double(2)time rate. When the stat time is delayed past 9:00 a.m.,the
employee's pay dull on t 9:00 am and all time,after the normal quitting time(5:30 p.m.),shall be paid at the overtime rate.
Eight (8) hours slab constitute the work day. Alt work performed prior to or after tla regular eight (8)hour wok day, as
described above,and ail work perfamed on Saturday shall be paid at time and one-half(1'h)the regular roe. In the event that a
scheduled eight(8)hour work day is missed(not including recognized holidays)because of inclement weather,then that missed
work day may be made up at straight time on the following Saturday. It is recognized that not all employees working on a
Saturday make-up day will have worked the same mrmber of hours during the regular work week It is Anther recognized that any
work after forty(40)hems must be paid at Noe and one-half(1%4 The employer may establish a 4-10's schedule on projects(4
days with 10 hours per day at straight time). la order to use the 4.10's sebWO,the employer must schedule the 4-10's for a
minimum of ore(I)week. If using&4-10's schedule,a Friday make-up day is allowed.
N0.65: Mans Monday tluougb Sunday shell conswe the wok weak. Regular mzdng time shall be 8.,00 a.m.,with oae half
hour for lunch between three and one-half and five bourn after eating time. The starting time may be advanced or delayed by the
employer up to one hour from the regular starting lima All work performed before the advance starting time and during the half
hour lunch shall be paid at the overtime rate of this:and Me-half(lch). Werk performed outside these hours shall be paid at the
overtime rate of time and one-half(lchy,except as provided otherwise below. All work performed an Sundays or holidays shall be
paid atthe double(2)timc rate. Bight(8)hon»&hall eons tote the wok day. All work performed prior to orarta the regular
eight (8)hour work day,as described above,and all wok performed on Saturday 9hel be paid at time and one-half(154)the
regular rate, except as hereinafter described In the event that a scheduled eight (8)hour work day is missed (not including
recognized holidays)because of inclement weather,then that missed work day may be made up at straight time on the Saturday in
r the weelk of the pay period It is recognized that not all anployeea working on a Saturday make-up day will have waked the same
number of hours during the regular work week. B is Anther recogoiaed that any weir after fury(40)hours mut be paid at time
and one-half(1'h). The employer may establish a 4.10's schedule on projects(4 days with 10 hours per day at straight time). In
order to use the 4.10's schedule, the employer must schedule the 4.10's for a minimum of one(1)week. If using a 4-10's
rschedule,a Friday make-up day is allowed.
NO.85- Macs the wok week shall be Monday through Sunday. Bight(8)haus shall constitute a day's wok to begin between
6:00 am. and 9:00 am and end between 2:30 pm to 5:30 pin. Employees required to work during their lunch period shall
r receive the overtime rate. Employees shall receive time and one-half(1'h)for all time they we rapmed to work priorto their
normal starting time or after eight (8)hams or normal quitting time Monday through Friday, or all day on Saturday. if an
Employer has scatted the work week on a five day,eight hours a day schedule.and due to inclement weather mimes any time,than.
r he may switch to a nine or ten haute a day wAodule,at Amight time,for the remainder of that work week in order to make up far
,` the lod time(10•haur makeup dsy} All work over tan(10)!roars a day a ova forty(40)haus a week must be paid at rima tit
one-half(154). Sundays and recognized holidays shag be paid it the double(2)time raft of pay. A contractor may alter the
regular walk week to four(4)ten(10)hen days at straight tine rate of pay. To do this the scheduled 4-10'&must be worked at
lead one full week and the regular workweek shell be Monday through Thursday with Friday being amalmuup day at straight time
for days missed in the regnlet workweek due to inclement weather. H5-8`9 aro being waked,Saturday maybe used as a make-up
day t straight time if inclement watherprevents work during the normal work week.
NO.95: Memo a regular workday shell consist of eight and one-half(854)lours elapsed time,including one-half lour for hatch.
The crew starting times 9W be Aalble within the period of daylight to 8:00 am Any work performed over ten(10)hours of
elapsed time per day inchding one halfhow for hnnoh and/or any work performed over forty(40)home at the straight time rte in
one week shall be paid at dw all one-half(154)the straight time rate. Saturday shall has volu tory 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.
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AW140830T.dot P�eSor6Prges -
PLATTE COUNTY
OVERTIME SCHEDULE-BUH.DING CONSTRUCTION
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NO. 100: Means eight(8)hours shall constitute a day's work,and five(5)continuous eight-hour days shall constitute a weeks
work,Monday through Friday. Thee and ane-half(I%)the regular hourly rate shell be paid for all work performed in meas of
eight(8)hours in any one day or forty(40)haus in any one weep. Starting time shall be between 6:00 a.m.and 9:00 a.m. All
work over eight(8)hates in a regular 3-day 8-hour schedule shall be at the appropriate overtime rax All time worked before the
regular scheduled starting time shall be paid for at the rax of time and one-half(1'h)and shall not apply to regular shin. All time
worked after eight(8)hours in any one day a after 5:30 pm.,whichever comes furs,shall be paid at the time and one-half(1'A)
raw An Employer,at his option,may elect to work fou(4)tea(10)hour days,Monday through llamiday,at straight time. All
such work must be done at least are week in duration. All work over ten(10)hours in am day or forty(40)haus in aweek ahall
be at the overtime rate. Amy employee who is scheduled to work on any regular wale day but is prevented from working because
of weather conditions,shall be permitted to work on Saturday(Friday if working 4-10a)as a make-up day at the straight time rax
_ of pay. When an employee is required to work on any recognized holiday they shall receive the double(2)time one for all time
that they aro required to perform wok All time worked ibom 12.00 Midnight Saturday to 12.00 Midaight Sunday shall be paid
for at the rate of double(2)time on single shik
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PLATTE COUNTY
r` HOLIDAY SCHEDULE—WELDING CONSTRUCTION
NO.2:AU work performed an New Yeses Day,Memorial Day,Fourth ofJuly,Labor Day,7baokssiviog Day,Christmas Day,
or the days observed as such,shall be paid at the double time rate of pay.
NO.4:All work dome on New Year's Day,Memorial Day,independence Day,Labor Day,Thanksgivims and Christmas Day
shall be paid at the double tip sate ofpsy. If any of the above holidays fall our Sunday,Monday will be observed as the
recognized holiday, if any of the above holidays fall on Sat uday,Friday will be observed as the recognized holiday.
NO.7.Ali work done anNew Yam's Day,Muriel Day,kndependem Day,Labor Day,Veteran's Day,Thanksgiving Day,
and Christmas Day shall be paid at the double time raw of pay. If holiday falls on a Sunday,it shall be observed anthe
following Monday. If a holiday falls on a Saturday,it shall be Observed an the precaft Friday.
NO.22- Ad work performed an New You's Day,Memorial Day,Independence Day,Labor Day,Tbmlagiving 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 an Sunday,Monday shall be observed. All workpwfarmed on holidays shall be paid at the
double(2)time rate of pay.
NO.33:All work done on New Year's Day,Memorial Day,Fourth of July,1lianksgivinS 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 fails on Sunday,the
r- following Monday will be observed;if the holiday We on Saturday,the preceding Friday will be observed.
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NO.39.No work shall be done on the following holidays:New Years Day,Memorial Day,Imdepeadm=Day,Labor Day,
Thanksgiving Day,and Christ. Any of these holidays falling on Sunday,the following Monday shall be a boliday,and any
of these holidays falling on Saturday,the preceding Friday shall be a holiday.
NO.49.The following days shall be observed as legal holidays: New Yeaes Day,Deconni n Day,July 4th,Labor Day,
lhankagiviog Day,Christmas Day,Employee's birthday and two(2)personal days. The observance of one(1)of do personal
r^ days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fail on Sunday,
l the following Monday will be observed as the holiday and if any of time holidays fall on Saturday,the preceding Friday will be
observed as the holiday. if employees work on any of then holidays they shall be paid time 6t one-half(I%)their regular rate
Of
pay for all hours wodced.
NO.Sas All work doe on New Yeaes Day,Memorial Day,independence Day,7hanl:egiving Day,Cbristmss 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 than 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 aholiday falls on Saturday,the
preceding Friday shall be observed as the holiday.
NO.54:All work performed an New Years Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,71aoksgiving
Day,the Friday after 7bealagiving Day,and Christmas Day shall be paid at the double(2)time rate ofpsy. When a holiday
falls on Saturday,it shall be observed an Friday. When a holiday falls on Sunday,it shall be observed an Monday.
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NO.67. All wok performed an 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 is;holiday lay. Positively no work shall be performed an Labor Day. Martin Luther
King's Birthday,Veteran's Day,and the day atter Thanksgiving Day shall be considered optional holidays,and if the Employer
and employees agree disc work will be performed on cleat day,no premium pay will be required. Should any of the above
holidays fill on Saturday,the holiday will be observed on Friday. Should any of the above holidays fall on Sunday,the holiday
r— will be observed an Malay.
NO.69- Ali wok performed on New Year's Day,Decoration Day(Memorial Day),independeace Day(Fourth of July),
Labor Day,lSanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of double(2)time. When a
r holiday falls an 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 orproperty. Where one of to holidays
specified falls oris observed during the wok week,than all work performed over and above thirty-two(32)hours in that
week shall be paid at the rate of time and one-half(i'h).
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ANNUAL WAGE ORDER NO.14
AWoss 093 BHoLdoc rue r oft Paan
PLATTE COUNTY
HOLIDAY SCHEDULE—BUILDING CONSTRUCTION
NO.nt All work paformedonNow Years Day,Mem Day(Monday inMayb Independence Day,Leber Day,
1bmbigivino Day and amistmas Dry shall be paid for at double(2)dierWdw Rtai&dmerate of pay. Any one nibs above
Listed holidays falling on Sunday shell be observed on the following Monday and paid for at double(2)the regular draight time
tate of pry,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)dm regular*might time rate ofpry,if worked. No work shall bepoformed on Labor Day accept in ase of
emergency.
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ANNUAL WAGE ORDER NO.14
AWOba 083 BRoJAW Pale 2 ort Pala
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Heevy Con*uctlon Rates for REPLACEMENT PAGE Secilm 083
PLATTE County
e BasicOver-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
CARPENTER
Journeymen 4/07 2.00 1 17 11.18
MHWd ht 4/07 2.00 1 17 11.18
Pile Driver Worker 4/07 2.00 1 17 11.18
OPERATING ENGINEER
Group I $28.69 3 2 111.97
Group II $27.85 3 2 111.97
Group 111 7.85 3 2 111.97
Group IV 23.18 3 2 1 111.97
Oiler-Driver $20.53 3 2 1 111.97
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1 CEMENT MASON $23.10 3 2 $14.20
LABORER
General Laborer $24.18 3 2 $9.99
Skilled Laborer 25.39 3 2 $9.99
TRUCK DRIVER-TEAMSTER
r Group 1 .28 3 2 $9.80
Group II $26.26 3 2 $9.60
Group III t26.26 1 3 2 $9.80
Group IV 8.83 3 2 .80
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For the occupational Was not listed on the Heavy Construction Rate Sheet, use Rates shown on the
Building Construction Rate Sheet
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PLATTE COUNTY
OVERTIME SCHEDULE—HEAVY CONSTRUCTION
NO. 1: Meana(8)hours shall constitute the regular work day between time that may be
advanced or delayed by two(2)burs on either side of 8:00 AM. The Employer may establish a
work week consisting of four(4)days,Monday through Thursday,each day consisting of ten
(10)hours straight time. The four(4)tens(los)must run for a period of at least four(4)days,
Monday through Thursday. All work on Friday on a four(4)tens(10)project will be paid at the
rate of time and one-half(I%). All work performed on Saturday shall be paid at time and one-
half(1 h). All work performed on Sundays and recognized holidays meat be paid at double(2)
time. All work performed prior to or after the regular eight(8)hour workday,or ten(10)hour
work day,as described above shall be paid at time and one-half(I%)the regular rate.
NO.3:Means a regular work week."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 dt one-half(I%). Workers shall receive time and one-half(I%)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 otter craft employees of the
same employer at work on that same job site are receiving double(2)time pay for that Sunday or
Holiday work. A work day is to begin between 6:00 am. and 9:00 a.m.at the option of the
Employer except when inclement weather or otter 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(I%).
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ANNUAL WAGE ORDER NO. 14
7 Aw014 083 HOTAoc Peas 1 of I Poe
PLATTE COUNTY
HOLIDAY SCHEDULE—HEAVY CONSTRUCTION
NO.2: All work performed on New Year's Day,Decoration Day(Memorial Day), htdependence 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%). Double(2)time shall be paid for work on Sundays or recognized
holidays when and only if other craft employees of the some 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 can 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(l Y).
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. When one of the holidays specified falls or is observed daring 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'h).
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REPLACEMENT PAGE
OUTSIDE ELECTRICIAN
These rates aro to be used for the following counties.
Bates,Benton,Carroll,Cass,Clay,Henry,Jackson,Johnson,Lafayette.Pettis,Platte,Ray and
Salina
COMMERCEAL WORK
Occupational Title Basic Total
Hourly Frim
Rate Benefits
*Journeyman Lineman $35.14 $4.75+34%
_ `Lineman Operator $32.79 $4.75+34%
*Groundman 1 $23.38 1 $4.75+34%
" UTIIdTY WORK
_ Occupational Title Basic Total
Hourly Fringe
Rate Benefits
*Journeyman Lineman $3193 $4.75+34%
*Lineman Operator $29.52 $4.75+34%
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*Grormdman 1 $20.58 1 $4.75+34%
OVERTEME RATE:Eight(8)hours of work between We hours of 8:00 a.m.and 4:30 p.m.shall
constitute a work day.Forty(40)haus within the five(5)days,Monday thmugh Friday inclusive,
shall constitute the work week Starting time may be adjusted not to exceed two(2)hours.Work
performed outside of the aforementioned will be paid at the applicable overtime rate.When starting
time has been adjusted,all other provisions concermag the work day shall be adjusted accordingly.
The overtime rate ofpsy shall be one and one-half(I%)times the regular rate ofwages,other than
on Sundays,holidays and from Midnight until 6:00 a.m.,which will be paid at double(2)the
straight time rate.
HOLEDAY RATE:Work performed on New Year's Day,Memorial Day,Fourth of July,Labor
Day,Tbaol®giving Day,Christmas Day,or days celebrated as such,shall be paid at the double time
rate ofpsy.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 ofpay.
*Amaal hwremmul hoe=
ANNUAL WAGE ORDER NO. 14 9,m
KC TONE t Aw14 itAA)c
CERTIFICATION
I, Matthew V. Eblen, P.E.,hereby specify, pursuant to RsMo. 327.11, that the documents to be
authenticated by my seal are limited to:
CIVIL DRAWINGS
Drawings: Renner Brenner Park Drainage Improvement Plans
Sheet Title
1 Title Sheet
2 Demolition Plan
3 Grading and Erosion Control Plan
4 Plan and Profile Sheet
5 Detail Sheet
6 Site Landscape Plan
SPECIFICATIONS
7,,
I DMSION 2—Site Work
Section:
-02230 Clearing and Grubbing
-02300 Earthwork
(' -02350 Erosion and Sediment Control
l . -02510 Asphaltic Concrete Paving
02580 Pavement Marking
-02722 Storm Drainage Systems
-02810 Temporary Seeding and Mulching
-02820 Sodding
and I hereby disclaim any responsibility for all other plans, specifications, reports or other
documents or instruments relating to or intended to be used in this construction document
r package, they being the responsibility of the other design professionals, whose seals and signed
statements may appear elsewhere in the construction document package. ,�rpurrr���r
.�`� OF kd",n' .
By ( (SEAL) i
r (Match Eblen)
Technical Specifications P.E. Seals of fit
1 1117,07