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HomeMy WebLinkAboutR-2025-066 Amended and Restated Park Development and Naming Rights with Variety KC, and Public Works Contract with Playpower LT Farmington, INC RESOLUTION NO. R-2025-066 A RESOLUTION APPROVING THE AMENDED AND RESTATED PARK DEVELOPMENT AND NAMING RIGHTS AGREEMENT WITH VARIETY KC, AND APPROVING A PUBLIC WORKS CONTRACT WITH PLAYPOWER LT FARMINGTON, INC. IN ACCORDANCE WITH CITY CODE SECTION 135.070(B). WHEREAS, the Board of Aldermen previously entered into a Park Development and Naming Rights Agreement with Variety of Greater Kansas City - Tent 8 ("Variety KC") on October 3, 2023, concerning the development of an inclusive park adjacent to the KC Current training complex(the "Park"); and WHEREAS, the City and Variety KC desire to amend, restate, supersede, and replace the Original Agreement in its entirety, and have negotiated an Amended and Restated Park Development and Naming Rights Agreement (the "Agreement"); and WHEREAS, the Board of Aldermen has reviewed the Agreement and finds it to be in the best interest of the City to approve and enter into the Agreement; and WHEREAS, the City has identified PlayPower LT Farmington, Inc. as the preferred contractor for Phase 1 of the Park improvements due to its specialized qualifications and experience with similar inclusive park projects; and WHEREAS, Section 135.070(B) of the Riverside Code of Ordinances authorizes the City, upon a majority vote of the Board of Aldermen, to enter into a contract for goods or services without utilizing the formal competitive bidding procedures when, in the opinion of the Board, such action is deemed to be in the best interest of the City; and WHEREAS, the Board of Aldermen finds that entering into a Public Works Contract with PlayPower LT Farmington, Inc. without formal competitive bidding is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,MISSOURI,AS FOLLOWS: THAT The Board of Aldermen hereby approves the Amended and Restated Park Development and Naming Rights Agreement with Variety KC, in substantially the form attached hereto, and authorizes the Mayor to execute the Agreement on behalf of the City; and FURTHER THAT pursuant to City Code Section 135.070(B), the Board of Aldermen hereby finds and declares that it is in the best interest of the City to contract with PlayPower LT Farmington, Inc. for Phase 1 of the Park improvements without formal competitive bidding. The Board hereby approves the City entering into a Public Works Contract with PlayPower LT Farmington, Inc. in substantially the form attached hereto, and authorizes the Mayor to execute the contract and related documents on behalf of the City; and RESOLUTION NO. R-2025-066 FURTHER THAT the Mayor, the City Administrator, the Capital Projects and Parks Manager, 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 Resolution 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. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 6th day of May 2025. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid,City Clerk AMENDED AND RESTATED PARK DEVELOPMENT AND NAMING RIGHTS AGREEMENT This Amended and Restated Park Development and Naming Rights Agreement (the "Agreement"), effective as of 2025, is between Variety of Greater Kansas City - Tent 8, a Missouri Nonprofit oration ("Variety KC") and the City of Riverside, Missouri (the"City")(collectively the"Parties"). RECITALS WHEREAS, the Parties entered into that certain Park Development and Naming Rights agreement dated as of October 3, 2023 (the "Original Agreement"), which is being amended, restated, superseded, and replaced in its entirety pursuant to this Agreement. WHEREAS,the City has plans to construct an inclusive park, located around the KC Current training complex(hereinafter the Park), located just off I-635 and Horizons Parkway (the"Park"); and WHEREAS, the Parties desire to enter into an agreement pursuant to which the City will grant Variety KC the naming rights with respect to the Park in return for certain benefits set forth below. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants herein contained,the Parties hereby agree as follows: 1. Park Design A. Variety KC will be responsible, at its cost, for the design of the Park. By a mutually agreed upon date, Variety KC will transmit to the City's Capital Projects and Parks Manager a complete set of proposed Park design plans. City staff will provide its plan review comments to Variety KC. Upon resolution of City staff plan review comments, the proposed Park design plans will be presented to the City's Parks and Recreation Board for recommendation to the City's Board of Aldermen. The City's Board of Aldermen shall have final approval authority regarding the Park design plan, regardless of its initial proposed design.The approved Park design plans may only be modified with the mutual agreement of the Parties. B. City approval of the Park design plans as provided herein shall vest to the City title to all Park designs, drawings, and specifications, produced by Variety KC. Variety KC agrees to limit its use of such designs, drawings, and specifications only in connection with this Agreement, and shall not disclose the same to any other persons, firms, corporations, or other government entity without obtaining the prior written consent of the City. I 98580897.7 2. Park Construction A. After the City's Board of Aldermen has approved the Park design plans,the City will be responsible for letting and administering all contracts related to construction of the Park improvements. The City shall contract with PlayPower LT Farmington, Inc. for Phase 1 under a Public Works Contract. In accordance with Section 135.070(B)of the City Code,and upon a majority vote of the Board of Aldermen,the City has determined that it is in the City's best interest to select PlayPower LT Farmington, Inc. without formal competitive bidding, given the contractor's specialized qualifications and experience with similar projects. 3. Park Funding A. The Parties anticipate that the Park design, construction, and installation costs will be financed through a combination of public and private sources, including certain City funds and grant funding awarded to City (the "City Funding") and amounts raised by Variety KC through philanthropic fundraising (the "Variety Funding"). City and Variety KC shall cooperate to cause the Park to be constructed in conformance with the Park design plans approved pursuant to Section 1 hereto. The Parties anticipate that the Park will be constructed in two or more construction phases as and when funding is available to finance each respective phase. B. The costs of the initial Park Phase shall be paid in accordance with that certain Funding Agreement between Variety and the City dated as of , 2025 (the"Phase 1 Funding Agreement"). C. Variety KC intends to attempt to raise through philanthropic fundraising additional Variety Funding sufficient to fund additional Park phases (the "Additional Park Phases"). If Variety KC is successful in raising additional funds, Variety KC may, in its sole and absolute discretion, contribute additional Variety Funding towards the Costs of the Additional Park Phases and the Parties may mutually agree to modify the previously approved Park design plans and the City may consider a new Public Works Contract (as defined below) to fit within the amount of funding available to finance the Additional Phase(s). Prior to any such modification of the previously approved Park design plans and entering into a new Public Works Contract, the Parties shall enter into a funding agreement, in the form substantially similar to the Phase 1 Funding Agreement, detailing the respective funding contributions and obligations for such Additional Phases. D. Following the Board of Aldermen's approval of the Park design plans and the Phase 1 Funding Agreement, and assuming the Board of Aldermen adopts a resolution as contemplated in Section 2.A, the City will enter into a separate 2 98580897.7 agreement with the selected General Contractor(the "Public Works Contract"). Prior to execution of such Public Works Contract,City shall provide Variety KC a copy of the proposed terms of the Public Works Contract for its review and comment. The Public Works Contract will provide,among other things, that the General Contractor shall, prior to City payment of any amounts owed under the Public Works Contract, execute and deliver to City a "Request For Payment" setting forth the amount for which payment is sought and an itemized listing of Phase 1 costs for which payment is sought, together with supporting documentation including invoices,paid bills,purchase vouchers,payrolls,copies of checks, contractor's pay applications, or other evidence reasonably requested from the City to verify that such Phase 1 costs were actually incurred. 4. Naming Rights A. In exchange for and contingent on Variety KCs financial participation as referenced in Section 3, the City agrees to grant Park naming rights to Variety KC. Specifically, Variety KC and the City shall mutually agree upon the name of the Park (the "Name"). The Park will continue to be so named for the Term of this Agreement (as defined below) unless the Parties agree otherwise. The City will make commercially reasonable efforts to ensure that the Park is referred to by its Name and shall cooperate with Variety KCs efforts to do the same. B. Signage containing the Name shall be placed and displayed as mutually agreed upon by Variety KC and the City. Any other Park funding source signage will not be recognized with more visibility than the Name signage, and instead will comprise a plaque,brick, or other similar type of less-visible marker. C. Any damage to the signage caused by any party other than Variety KC will be promptly repaired by the City at its own expense. D. The Parties will coordinate publicity efforts as it relates to the Park. Publicity efforts shall include, but are not limited to, media, newsletter, e-news, social media, speeches and pictures. E. If Variety KC or any of its officers, directors, or board members commits any act which, in the reasonable and good faith opinion of the City,would disparage or impair the reputation and integrity of the City (including, without limitation, being convicted of any felony or a crime involving moral turpitude, ethical violations, sexual allegations involving any minor, or any other act of moral turpitude)(collectively, "Negative Activity"), the City shall have the right to terminate this Agreement by providing thirty (30) days prior written notice to Variety KC outlining such Negative Activity and exercising the City's right to terminate the Agreement ("City Cure Notice"). In the event Variety KC fails to take any and all actions reasonably necessary to address,mitigate or disassociate from any such Negative Activity to the reasonable satisfaction of the City within thirty(30)days of receipt of the City Cure Notice or in the event no such action 3 98580897.7 could reasonably be undertaken that would avoid disparaging or impairing the reputation and integrity of the City,the Agreement shall automatically terminate upon expiration of the City Cure Notice. If the Agreement terminates under this Section, then no termination fee pursuant to Section 6.B shall be due from the City. 5. Ownership of Marks A. Variety KC represents and warrants to the City that(a)Variety KC owns all right, title and interest in and to its trademarks, service marks,and trade names and all logos or commercial or advertising symbols used in connection with or associated with the Name (the "Marks") free and clear of any liens, claims or encumbrances, (b) Variety KC has the right and authority to license to the City the rights to use the Marks as expressly authorized in this Agreement,and(c)no Mark infringes the copyright,trademark or other rights of any third party. B. Variety KC shall indemnify, defend, and hold the City and its officers, employee's and agents harmless from and against all claims,liabilities,damages, demands,costs, fees, fines,penalties, other expenses, suits,proceedings, actions and causes of action of any and every kind and nature (including reasonable attorneys' fees)incurred or to be incurred by the indemnified party(collectively, "Claims") arising out of, in connection with or as a result of(a) a breach by Variety KC of its representations,warranties,or covenants under this Agreement or (b) the use by the City of the Variety KC Marks as authorized herein. The provisions set forth in this Section shall survive the expiration or termination of this Agreement. 6. Term and Termination A. The term ("Term") of this Agreement with respect to the naming rights and signage installation rights granted herein shall be twenty-five (25) years, commencing on the first day that the Park is open to the public following completion of construction of the Park improvements as determined by the City, unless otherwise terminated in accordance with the terms and provisions contained herein. B. The City may without reason or without cause terminate this Agreement at any time. The City shall notify Variety KC at least one (1) year prior to the termination date if it decides to terminate the Agreement pursuant to this Section. In the event termination for convenience is effected by the City, the City shall pay to Variety KC a termination fee which shall be due and payable within three (3) business days after the termination date. The termination fee shall be equal to $20,000 for each year that remains in the Term. 7. Default 4 98580897.7 A. A default shall be deemed to have occurred hereunder if: i. Variety KC fails to make a payment required under this Agreement. ii. The filing by or against Variety KC of any petitions in bankruptcy. iii. The occurrence of any act or omission on the part of Variety KC that deprives it of the rights, powers, licenses, permits, and authorizations necessary for the lawful and proper conduct and operation of its business. iv. Either party fails to perform or observe any material term, covenant, condition or provision of this Agreement; and such breach continues for a period of thirty(30)days after written notice to the defaulting party; or if such breach cannot be cured reasonably within such thirty (30) day period and the defaulting party fails to commence to cure such breach within thirty (30) days after written notice or fails to proceed diligently to cure such breach within a reasonable time period thereafter. B. In the event of a default by either party, the other party shall have the right to take whatever other action at law or in equity is necessary and appropriate to exercise or to cause the exercise of the rights and powers set forth herein and to enforce the performance and observance of any obligation, agreement or covenant of the allegedly defaulting party. Except as otherwise expressly stated in this Agreement,the rights and remedies of the Parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default of the other party. 8. Additional Provisions. A. No amendment of the terms of this Agreement shall be binding unless in writing, dated subsequent to the date hereon and duly executed by the Parties herein. B. All rights and duties contained in this Agreement are mutually dependent on and one cannot exist independent of another, provided that if any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, and if such holding does not affect the ability to perform and have access to the Park as provided for herein, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision was not contained herein. C. The rights and obligations created by this Agreement are unique to Variety KC and shall not be transferred or assigned by Variety KC except with written consent of the City. 5 98580897.7 D. All notices required to be given under this Agreement shall be given by certified or registered mail or Overnight Courier, addressed to the proper party to the following addresses, or at such other address as may be subsequently given pursuant to this Section and shall be deemed given when deposited in the Mail, postage prepaid: If to the City: If to Variety KC: City of Riverside,Missouri Variety of Greater Kansas City-Tent 8 Attn: City Administrator Attn: Marc Harrell, Executive Director 2950 NW Vivion Road 4050 Pennsylvania Ave, Ste 115-77 Riverside,Missouri 64150 Kansas City, MO 64111 E. Any failure of either party to comply with any provision of this Agreement may only be waived expressly in writing by the other party. The waiver by either party of any default or breach by the other party of any of the provisions of this Agreement shall not be deemed a continuing waiver or waiver of any other breach by the other party of the same or another provision of this Agreement. F. Nothing in this Agreement shall constitute or be construed to constitute a lease of the City's real property. G. No provision of this Agreement will be interpreted against any party solely because the party or its legal representation drafted the provision. H. Unless specifically designated herein, the Parties hereto shall be deemed and construed as independent contractors with respect to one another for all purposes. Nothing contained in this Agreement shall be determined to create a partnership, joint venture, principal- agent, employer-employee or similar relationship between the City and Variety KC with respect to Variety KC's activities conducted at the Park pursuant to the terms of this Agreement. This Agreement and all matters or issues collateral hereto shall be governed and construed in accordance with the laws of the State of Missouri without respect to conflicts of law principles.Any actions concerning interpretation or enforcement of this Agreement shall be brought in Platte County, Missouri. J. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, as follows: (a) acts of God; (b) flood, fire, or earthquake; (c) war, invasion,hostilities(whether war is declared or not),terrorist threats or acts,riot or other civil unrest; (d)government order or law;and(e)actions, embargoes or blockades in effect on or after the date of this Agreement. The party suffering a 6 98580897.7 Force Majeure event shall give notice within 10 days of the Force Majeure event to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure event are minimized, K. This Agreement sets forth the entire agreement and understanding between the Parties as to the matters contained in this Agreement,and it may not be amended except by a writing signed by all the Parties. There are no oral or written representations,agreements,understandings or circumstances which modify any of the provisions hereof. L. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but all counterparts together shall constitute but one and the same instrument. M. The persons signing this Agreement on behalf of Variety KC and the City, respectively, are authorized to do so. N. This Agreement amends, restates, supersedes, and replaced in its entirety the Original Agreement. [Remainder of page intentionally left blank] 7 98580897.7 Variety of Greater Kansas City - Tent 8: By: Name: Marc Harrell Title: Executive Director Dated: May 1, 2025 City of iverside, is u '. By: Imo" Name: Kathleen L. Rose Title:Mayor Dated: �p / lJ Attest: Robin Kincaid 8 98580897.7 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: PlayPower LT Farmington, Inc. FOR COMPLETION OF VARIETY KC INCLUSIVE PARK - PHASE 1 Project No. 228-025 RESOLUTION NO.: 2025- dgo CONTRACT PRICE: $3,249,381.00 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR VARIETY KC INCLUSIVE PARK-PHASE 1 Project No: 228-025 THIS AGREEMENT, made and entered into as of the day of 20 -5 , by and between the City of Riverside,Missouri ("City"), and PlayPower LT F mington, Inc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2025-O(p(p , duly approved on the LP"- day of a. ,— , 2025 and by virtue of the authority vested in City by the general ordinances of City, intend%to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS,Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall mean: A. "Administrator" That person designated by the City as the City Administrator. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "Capital Projects&Parks Manager" employed by the City to manage the project on behalf of the City: Noel Bennion (nbennion@riversidemo.gov) 816-451-8227. D. "City"The City of Riverside,Missouri. E. "Contract Amount"has the meaning set forth in Article III,Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor" A person, firm, or corporation with whom the contract is made by the City. H. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. I. "Design Engineer" means the following Design Engineer to Variety KC/Unlimited Play: Westwood. J. "Notice to Proceed"has the meaning set forth in Article IV,Paragraph A of this Agreement. K. "Project" 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. L. "Subcontractor"A person, firm or corporation supplying labor and materials or only labor for the work at the site of the project for, and under separate contract or agreement with the Contractor. M. "Substantial Completion" The stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. N. "Work"or"Work on the Project"to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit F (Scope of Work) and the Contractor provided Shop Drawings and Specifications 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 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. O. "Written Notice" Any notice delivered hereunder and the service thereof shall be deemed completed when sent by certified or registered mail to the other party at the address set forth herein, or delivered in person to said party or their authorized representative on the work. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Capital Projects & Parks Manager shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and work performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The Capital Projects& Parks Manager may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Capital Projects & Parks Manager will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Capital Projects & Parks Manager will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Capital Projects&Parks Manager,as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract, the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III 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 Three million two hundred forty-nine thousand three hundred eighty- one dollars ($3,249,381.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the attached proposal completed by Contractor. The quantities of unit price Work set forth in Contractor's proposal are estimates only,are not guaranteed,and are solely for the purpose of comparing costs and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and(2)final payment for all unit price items set forth in Contractor's proposal will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of the amount set forth in Contractor's proposal IN ADVANCE of performing the Work. Any increase in quantities of materials or work performed as a result of over-excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials,supplies,tools,equipment,supervision,management,and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The work set forth in the Contract Amount shall be itemized in Contractor's proposal. All Work not specifically set forth in Contractor's proposal 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 Contract Amount set forth in Contractor's proposal. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN.THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN 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 THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK/SUBMITTALS A. COMMENCEMENT OF WORK.The date of beginning and the time for completion of the work are essential conditions of the Contract Documents. 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. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof,no later than 07/31/2026. The Contractor will proceed with the work at such rate of progress to ensure Substantial completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work.No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. 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. RESERVED. D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph 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. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work,Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project site in the number,type,and stage as enumerated below: 1. Pre-Construction photos-minimum of 15 ground level digital shots 2. Construction photos of significant changes-minimum of 15 ground level digital shots 3. Post Construction photos-minimum of 15 ground level digital shots G. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost,to accelerate Contractor's progress.Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. SUSPENSION OF WORK. The City may suspend the work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall fix the date on which work shall be resumed.The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price or an extension of the contract time, or both,directly attributable to any suspension I. RESERVED J. SHOP DRAWINGS AND SPECIFICATIONS. Contractor shall submit to Capital Projects & Parks Manager for review all shop drawings, specifications, 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. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Capital Projects&Parks Manager.Review 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. When submitted for the Capital Projects & Parks Manager's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. 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 by Capital Projects & Parks Manager 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. Capital Projects & Parks Manager's review does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Capital Projects& Parks Manager. K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment,water, light,power,transportation, supervision,temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Capital Projects&Parks Manager. Materials,supplies or equipment to be incorporated into the work shall not be purchased by the Contractor or by any Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards,as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Capital Projects & Parks Manager timely notice of readiness. The Contractor will then furnish the Capital Projects& Parks Manager the required certificates of inspection, testing approval. Inspections, tests or approvals by the Capital Projects& Parks Manager or others shall not relieve the Contractor from the obligation to perform the work in accordance with the requirements of the Contract Documents. The Capital Projects & Parks Manager and the City's representatives will at all times have access to the work. In addition,authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. If any work is covered prior to inspection by the Capital Projects&Parks Manager it must, if requested by the Capital Projects & Parks Manager, be uncovered for the Capital Projects & Parks Manager's observation and replaced at the Contractor's expense. If the Capital Projects & Parks Manager considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Capital Projects & Parks Manager's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Capital Projects & Parks Manager may require, that portion of the work in question, furnishing all necessary labor,materials,tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all work rejected by the Capital Projects & Parks Manager for failure to comply with the contract documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re-execute the work in accordance with the contract documents and without expense to the City and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10)days after receipt of written notice,the City may remove such work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the shop drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material,article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order.The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. O. LANDS&RIGHT OF WAY. Prior to issuance of Notice to Proceed,the City shall obtain all lands and rights-of-way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish the property plat. Westwood will provide construction staking. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits,licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City,unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances,rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the work. Q. SUBSURFACE CONDITIONS. The Contractor, before proposing the project, has the responsibility to become familiar with the Project site and the conditions under which work will have to be performed during the construction period. Excavating for foundations of surface structure:buildings, bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor shall promptly,and before such conditions are disturbed(excepting an emergency),notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so justify consider and adjust any such claims asserted before the date of the final payment. Excavating for below-surface structures: water mains, sewers, power and telephone cables and other types of below surface structures. No extra compensation will be paid for rock excavation or varying geologic features encountered on the project. If man-made hazards are encountered by the Contractor, excluding utilities, which are not visible from the surface, such as buried concrete foundations, buried garbage dumps that cannot be by-passed and require additional work consult the Capital Projects&Parks Manager. R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work. The Contractor will be solely responsible for the means,methods,techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. ARTICLE V 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. CONTRACTOR'S PROPOSAL 2. AFFIDAVIT OF WORK AUTHORIZATION 3. THIS AGREEMENT BETWEEN CITY AND CONTRACTOR 4. PERFORMANCE BOND 5. PAYMENT BOND 6. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 7. TIME FOR COMPLETION 8. SCOPE OF WORK 9. SHOP DRAWINGS AND SPECIFICATIONS 10. TECHNICAL SPECIFICATIONS 1 1. NOTICE TO PROCEED 12. APPLICATION FOR PAYMENT FORM 13. CHANGE ORDER FORM 14. CERTIFICATE FOR SUBSTANTIAL COMPLETION 15. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW 16. ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION 17. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 18. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 19. ENGINEER/CONSULTANT CERTIFICATE for Acceptance& Final Payment B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative,and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City.Each application for payment shall be based upon the percentage of actual completion of each category,multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Partial Payment to the Capital Projects & Parks Manager. In addition to the amount of payment requested in the Application for Partial Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date,total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment,nor shall the Application include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15)days, review and approve such Application, or return the Application to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Capital Projects & Parks Manager and Administrator upon the Design Engineer's certification for payment. Capital Projects & Parks Manager shall review each application for payment and certify for payment such amounts as Capital Projects&Parks Manager determines are due Contractor.From the total amount certified,City shall withhold five percent(5%)as retainage until final completion and acceptance of the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved,the remaining retainage shall be an amount equal to or greater than 200%of the estimated amount necessary to complete the Work. D. The City Treasurer,upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. 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. E. Neither Administrator or Capital Projects & Parks Manager's approval 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. F. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors'and suppliers'receipts and releases shall be in a form approved by City and shall indicate that(except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Engineer issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit O. City, within thirty (30) days after the delivery of Engineer's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall,at the request of City,furnish satisfactory evidence that all obligations to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. 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. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Contract. ARTICLE VII CHANGES/CLAIMS A. City,without invalidating this Agreement,may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition,deletion,or other change without a written order.No oral direction or order shall constitute authority for Contractor to proceed with any addition,deletion,or other change. If Contractor undertakes any addition,deletion,or other change without a written order from City,Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance,the Contract Amount shall be increased or decreased as follows: 1. If the Work is covered by unit prices set forth in Contractor's proposal, 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 Contractor's proposal, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. C. 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. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance.No course of conduct or dealings between the parties,nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. 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 G below. G. 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 (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim,nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. I. The Contractor acknowledges and agrees that each lump sum line item in this Agreement includes all labor,materials, equipment, and services necessary to fully complete the described scope of work as shown in the plans,specifications,and other Contract Documents.The Contractor further agrees that it has reviewed the project documents and has made its own estimates of quantities and conditions. The lump sum prices shall not be subject to adjustment due to quantity variations, estimating errors, or any other factors unless: 1. The Owner initiates a written change to the scope of work, drawings, or specifications; or 2. There is a material and unforeseeable differing site condition as defined under applicable law or under the terms of this Agreement. Requests for additional compensation not meeting one of the above criteria shall be deemed included in the original lump sum and will not be considered by the Owner. ARTICLE VIII 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 INSURANCE written on an occurrence basis, and agrees it's coverage will not contain any restrictive endorsement(s) excluding or limiting ongoing and completed operations, personal & advertising injury, blanket contractual liability or cross liability, independent contractors, broad form property damage, bodily injury, and agrees it's coverage will not contain any restrictive endorsement(s) excluding explosions, collapse, and underground with a minimum limit of$3,000,000 each occurrence. If a general aggregate limit applies, either the general aggregate limit shall be twice the required per occurrence limit or the general aggregate shall apply separately to this project(ISO CG 20 03),or if there are multiple locations (ISO CG 25 04). 2. COMPREHENSIVE BUSINESS AUTOMOBILE LIABILITY INSURANCE for all owned,non-owned and hired automobiles and other vehicles used by Contractor with a combined single limit of$1,000,000 minimum. 3. WORKERS COMPENSATION INSURANCE with statutory limits required by any applicable Federal or state law and Employers Liability insurance with minimum limit of$1,000,000 per accident. 4. BUILDER'S RISK - Unless otherwise provided, Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance written on a builder's risk "all-risk", including testing, when required, or equivalent policy form in the amount of the initial Contract Sum, plus value of subsequent Contract modifications and cost of materials supplied or installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. The Contractor shall be solely responsible for any deductible amounts. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the City has an insurable interest in the property, whichever is later. This insurance shall include interests of the City, the Contractor, subcontractors and sub- subcontractors and suppliers in the Project. Such coverage shall name the City as a loss payee as their interest may appear. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, an Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, and equipment. The Installation Floater shall provide property damage coverage for any building, structure, or equipment damaged, impaired, broken, or destroyed during the performance of the work, including transit, installation, and testing at the City's site. 5. CLAIMS-MADE POLICIES -If any of the required policies provide coverage on a claims-made basis: • The retroactive date must be shown,and this date must be before the execution date of the contract or the beginning of contract work. • Insurance must be maintained, and evidence of insurance must be provided for at least five(5)years after completion of the contract of work. • If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase"extended reporting"coverage for a minimum of five(5) years after completion of contract work. • If the services involve lead-based paint or asbestos identification/remediation,the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. 6. UMBRELLA OR EXCESS LIABILITY may satisfy minimum liability limits required above for Commercial General Liability (CGL) under an Umbrellas or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrellas or Excess Liability: however,the Annual Aggregate limit shall not be less than the highest Each Occurrence limit for either Commercial General Lability or Business Auto Liability. Contractor agrees to endorse the City its officers, agents, volunteers, lessees, invitees and employees, covered as an additional insured on the Umbrellas or Excess Liability and the Certificate of Insurance states that the Umbrella or Excess Liability provides coverage on a"Follow-Form"basis. B. Prior to construction starting,Contractor shall furnish the City with certificates of insurance evidencing the required coverage, conditions, and limits required by this agreement and make the City, its officers,agents,volunteers, lessees, invitees,and employees,covered as an additional insured on each policy of insurance that Contractor is required to maintain under the contract documents and provide the appropriate additional insured endorsement(s). Each additional insured endorsement shall expressly afford coverage to the additional insured's not only arising out of the named insured's operations or work but also arising out of the named insured's completed operations.All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. C. City's receipt or review of any certificate of insurance reflecting that Contractor or one of its subcontractors or suppliers has failed or may have failed to comply with any insurance requirement of the contract documents shall not constitute a waiver of any of City's insurance rights under the contract documents,with all such rights being fully and completely reserved by the City. D. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents, and subcontractors. E. Similarly, Contractor shall require insurance with the same coverage and limits from its subcontractors and suppliers,and their insurance policies shall be endorsed to name the same additional insureds as required of Contractor. F. All completed operations coverages shall be maintained by Contractor and its subcontractors or suppliers for five (5)years following the completion of the Project. G. Any coverage available to the City as a named insured shall be secondary, so that the coverage to the City as an additional insured on the policies maintained by Contractor and subcontractors is primary, including any umbrellas or excess policies. H. No provision of this agreement shall constitute a waiver of the member's right to assert a defense based on sovereign immunity, official immunity, or any other immunity available under law. For any claim or suit seeking damages from the Missouri municipality scheduled in this endorsement because of"bodily injury", "property damage", or "personal and advertising injury" caused by "your work", the coverage provided herein does not apply to any claim or "suit" which is barred by the doctrines of sovereign immunity,qualified immunity,and/or official immunity although defense of such actions will be provided. No provision of this condition of coverage, endorsement, or this policy, will constitute a waiver of this company's right to assert a defense based on the doctrines of sovereign immunity, qualified immunity, and/or official immunity. I. If the contractor maintains broader coverage and/or higher limits than the minimums shown above,the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. J. If Contractor is a transient employer as defined in Section 285.230 RSMo,Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1)the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall,under Section 285.234 RSMo be liable for a penalty of$500 per day until the notice required by this Paragraph are posted as required by law. K. Any self-insured retention (SIR) must be declared to and approved by the city prior to any work being performed under this agreement. When the SIR exceeds $25,000, the city may require proof of ability to pay all claims handling and defense costs, such as an audited financial statement or bond.Any SIR is the sole responsibility of the contractor or sub-contractor, if any. The city reserves the right to deduct from the final payment to the contractor any unsatisfied SIR which would result in a lien against the project. All SIRs will be shown on the Certificate of Insurance. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees,arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property(other than the Work itself),but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable,regardless of whether such claim,damage,loss,or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier,or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation 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 X PATENT LIABILITY Contractor agrees to defend, indemnify,and hold harmless City,its officers,employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person,other than a bona fide employee working for Contractor,to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount,or otherwise recover,the full amount of such fee,commission, percentage, brokerage fee,gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly,by or on behalf of Contractor to or for the benefit of any officer,employee,or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion,to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof.No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive,supervisory,or other similar functions in connection with the construction of the project,shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two(2)years after final payment to Contractor,Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work,not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts,subcontracts,material bills,correspondence,accounting records,time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Payment Applications: For City: For Contractor: Capital Projects& Parks Manager PlayPower LT Farmington, Inc. 2950 NW Vivion Rd. Stewart Mackay, Owner All Inclusive Rec Riverside,MO 64150 109 W Liberty St nbennionnriversidemo.gov Farmington, MO 63640 stewart(&,,al I inclusiverec.com with a copy to: Westwood Chad Kennedy 1165 Scenic Drive, Suite A Modesto, CA 95350 chad.kennedy@westwoodps.com 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 completed when sent by certified or registered mail to the other party at the address set forth herein,or delivered in person to said party or their authorized representative. 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 XIV DEFAULT AND TERMINATION A. If Contractor fails to comply,becomes unable to comply,or with reasonable probability(as determined solely by City)will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision,sufficient materials or services(including but not limited to insurance and bonds)complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor,Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default,City may, in addition to any other right or remedy City may have,terminate the services of the Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method the City may deem expedient to correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials,tools, equipment, and other items at the Project site,en route to the site,or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision,materials,tools,equipment, services,overhead,travel,and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages,and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity,but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies.No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor,the Work is suspended for a period of more than ninety(90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Capital Projects& Parks Manager and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment for all work executed. G. The City,without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of(1)defective work not remedied, (2)claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor,(4)a reasonable doubt that the Work can be completed for the balance then unpaid,(5)damages to another contractor, or(6)performance of work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE A. Notwithstanding anything contained herein to the contrary,City may,at any time,for any reason, and without Contractor's being in default,terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience.City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper,the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number,occupation,and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards,as set out in the wage order set forth in Exhibit D attached to and made a part of, shall be paid to all workers performing work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit L shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of$100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or by any Subcontractor. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent(5%)as measured by the United States Bureau of Labor Statistics) only Missouri labors(persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor(as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16)years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants and employees are treated during employment,without regard to their race,color, religion,sex,or national origin. Such action shall include,but not be limited to,employment,upgrading, demotion,or transfer;recruitment,or recruitment advertising; layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. ARTICLE XIX 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. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work,and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the project or the City may let other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the work with theirs. C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times,during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area,Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four(24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII 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. The Contractor shall guarantee all materials and equipment furnished and work performed for a period of one (1) year from the date of completion and acceptance of the work. The Contractor warrants and guarantees for one (1)year from the date of completion and acceptance of the work that the completed work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all work in this contract. Contractor shall promptly make such corrections as may be necessary be reason of such defects including the repair of any other damages that were caused by defects in the work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs,adjustments or other work that may be necessary by such defects,the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of defects in the work and damage caused by defects may be made without notice being sent to the Contractor,and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full force and effect through the warranty period. Neither final payment, Engineer's Final Certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT A. The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor.After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060)will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to(1)employees and other persons at the Project site or who may be affected by the Work, (2)materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the work,all necessary safeguards for safety and protections. The Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10)hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty(60)days after the date work on the project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day,or portion thereof, such on-site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program,may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVIII INDEPENDENT CONTRACTOR Contractor is an independent contractor,and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify 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 XXX PERFORMANCE AND PAYMENT BONDS A. The Contractor shall within ten(10)days after the receipt of the Notice of Award furnish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount at least equal to one hundred percent(100%)of the contract price,conditioned upon the performance by the Contractor all undertakings, covenants,terms, conditions and agreements of the Contract Documents,and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of"Surety Companies Acceptable on Federal Bonds"as published in the Treasury Department Circular Number 570 and shall have a rating of at least"A-"from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the Work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds,Contractor shall within ten(10)days after notice from the City to do so, substitute an acceptable bond(or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor.No further payment shall be deemed due nor shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable,the remaining provisions shall remain in full force and effect. ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise,the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents,the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXXIV 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 XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not inserted,or is not correctly inserted, then upon the application of either party the contract shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI 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 VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY. By: P Attorney, Pq v C q w,p O COUNTERSIGNED BY: CITY PURCHASING AGENT: BY: /. _ .��'111ft.— BrCi : E. ora Ci Administ ator CITY OF RIVERSIDE: By: G � ����/ • Kat leen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk CONTRACTOR: By: _ (Signature) Printed Name: Title: ATTEST: SECRETARY, (Name Printed) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY: By: Attorney, COUNTERSIGNED BY: CITY PURCHASING AGENT: By: Brian E. Koral City Administrator CITY OF RIVERSIDE: By: Kathleen L. Rose, Mayor ATTEST: Robin Kincaid,City Clerk CONTRACTOR: PlayPower LT Farmington, Inc. By: (S__<-----1/7/22- nature) Printed Name:Jeff Prangler Title:Customer Services Manager ATTEST: SECRETARY, Sales Administration (Name Printed) • Bond Number: 108286802 EXHIBIT A PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for Variety KC Inclusive Park - Phase I (228-025), dated May 16 , 20 25 , designated Resolution No. 2025-066 , in every particular, PlayPower LT Farmington, Inc., as Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA [insert name of surety], as Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, unto the City of Riverside, Missouri, ("City") in the total aggregate penal sum of Three million two hundred forty-nine thousand three hundred eighty-one dollars(S3,249.381.00) lawful money of the United States, by these presents: • THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term thereof, and any extensions thereof which may be granted by the City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and hold harmless the City from all costs and damages which it may suffer by reason of failure to do so. and shall reimburse and repay the City for all outlay and expense which the City may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, 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 or the specifications accompanying the same 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 or to the specifications. PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the Agreement price more than twenty percent (20%), so as to bind the Principal and the Surety to the full and faithful performance of the Agreement as so amended.The term "Amendment", wherever used in this bond, and whether referring to this bond or the Agreement. shall include any alteration, addition, extension. or modification of any character whatsoever. The Performance Bond above is accepted by the City this 12th day of June , 20 25 . PlayPower LT Farmington, Inc. �°' r4<(,�(1) # �f ` r' CONT . O 'RINCIPA! (Signature) Printed Name: ..../e:{/ 6 --- '',i: k` d,�;; � ` Title: 667Y� 1�` !. u �-- ,::r, : . I hereby certify that(1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SURETY By: l,f- w--� (Signature) Printed Name: Jennifer Williams Title: Attorney-In-Fact Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT. • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED • Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company I TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Jennifer Williams of ST LOUIS . Missouri . their true and lawful Attorneys)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed, this 21st day of April, 2021. 4,4 ell. CC8ARTZID •y �3 State of Connecticut By: City of Hartford ss Robert L. Rane . enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. :1 M84t IN WITNESS WHEREOF,I hereunto set my hand and official seal. / rAre/ µpTANY ���/ My Commission expires the 30th day of June.2026 * .ram * //��"yYY/i'((°f°��" Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman. the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company. provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it Is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President. any Senior Vice President, any Vice President.any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies.which remains in full force and effect. Dated this Z""day of Jy n e. ,Z 0 Z. 5' :7 ' 1444 Q 11/4 s tilbli)of i� Kevin E.Hughes.Assi {ant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT B Bond Number: 108286802 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that PlayPower LT Farmington. Inc. corporation, hereinafter called Principal, and TRAVELERS CASUALTY AND SURETY COMPANY insert name (IF AMPRICA of surety], hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI ("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate penal sum of Three million two hundred forty-nine thousand three hundred eighty-one dollars ($3,249,38I.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain Agreement with the City, dated the 16th day of May , 2025 . for the Variety KC Inclusive Park - Phase I (228-025) approved by Resolution No. 2025-066 • NOW,THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect. and the same may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on 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. The Payment Bond above is accepted by the City this 12th day of June , 20 25 . PlayPower LT Farmington, Inc. CONTR - OR PRINCIPAL :� .. (F By: tom• c� �t ; a . : (Signature) a ;%t f. r�. Printed Name: _= /�/�4A •`.f Title: aripiG'fL ,. 'QU(_e � � �SFj �t'= : nl�f I hereby certify that(I) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most • current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA SURETY (Signature) Printed Name: Jennifer Williams Title: Attorney-In-Fact Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED • • • Travelers Casualty and Surety Company of America AUK Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Jennifer Williams of ST LOUIS , Missouri , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021_ #0)11,117a 'J 0*LtY 4gr0s ` `� 'Q,T,xeM N State of Connecticut By: City of Hartford ss, Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer, �p PN N IN WITNESS WHEREOF,I hereunto set my hand and official seal. �``* �i� My Commission expires the 30th day of June,2026 ► 440 P0B'� Anna P. Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President. any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond. recognizance. or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman. any Executive Vice President, any Senior Vice President or any Vice President. any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority:and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President.any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect Dated this 1 Z T day of V A t, , Z.®Z5 irep : HARTFcfo 114/Urs 4 � 41, Kevin E.Hughes.Assistant retary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached. EXHIBIT C RESERVED EXHIBIT D PREVAILING WAGE RATES Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City,Missouri. Missouri Division of Labor Standards WAGE AND HOUR SECTION THE. of s4T Neil l-: sAs ir :A;* i� O rF.l 40:41- `'jl r• cccx_ 0 MICHAEL L. PARSON, Governor Annual Wage Order No. 31 Section 083 PLATTE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by Todd Smith, Director Division of Labor Standards Filed With Secretary of State: March 8, 2024 Last Date Objections May Be Filed: April 8, 2024 Prepared by Missouri Department p rtment of Labor and Industrial Relations Building Construction Rates for Section 083 PLATTE County ""Prevailing OCCUPATIONAL TITLE Hourly Rate Asbestos Worker $70.89 Boilermaker $33 79* Bricklayer-Stone Mason $62.40 Carpenter $64.93 Lather Linoleum Layer Millwright Pile Driver Cement Mason $33.79` Plasterer Communication Technician $65.26 Electrician(Inside Wireman) $70.09 Electrician Outside Lineman $33.79" Lineman Operator Lineman-Tree Trimmer Groundman Groundman-Tree Trimmer Elevator Constructor $33.79* Glazier $33.79" Ironworker $69.26 Laborer $47.89 General Laborer First Semi-Skilled Second Semi-Skilled Mason $53.08 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $63.82 Group I Group II Group III Group III-A Group IV Group V Painter $33.79* Plumber $77.57 Pipe Fitter Roofer $60.39 Sheet Metal Worker $75.86 Sprinkler Fitter $33 79" Truck Driver $33.79` Truck Control Service Driver Group I Group II Group III Group IV *The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title.The public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. "The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title as defined in RSMo Section 290 210 ANNUAL WAGE ORDER NO.31 3/24 Heavy Construction Rates for Section 083 PLATTE County **Prevailing OCCUPATIONAL TITLE Hourly Rate Carpenter $33 79* Millwright Pile Driver Electrician (Outside Lineman) $33.79* Lineman Operator Lineman-Tree Trimmer Groundman Groundman-Tree Trimmer Laborer $51.05 General Laborer Skilled Laborer Operating Engineer $60.01 Group Group II Group III Group IV Truck Driver $53.04 Truck Control Service Driver Group I Group II Group III Group IV Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. **The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO 31 3/24 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half(1%) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty-minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January first; The last Monday in May; July fourth; The first Monday in September; November eleventh; The fourth Thursday in November; and December twenty-fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 31 3/24 EXHIBIT E Time for Completion Variety KC Inclusive Park- Phase I (Project No. 228-025) Date of Completion: 07/31/2026 EXHIBIT F SCOPE OF WORK for Variety KC Inclusive Park-Phase 1 (Project No. 228-025) Contractor shall perform the following Work as more fully set forth in the Contractor provided Shop Drawings and Specifications: • Design of Playground • Erosion Control • Grading/Earthwork • Concrete Footings • Installation of playground equipment • Playground Safety Surfacing • Concrete Paving • Stormwater Infrastructure • Fencing • Provision of as-built drawings and playground installation and maintenance manuals • Site Restoration of any area disturbed by the Contractor Contractor to provide all necessary equipment, labor, and material necessary to perform the Project construction and related work as shown in the Contract Documents. The Work includes, but is not limited to,the following: 1. Contractor and subcontractors shall maintain a current City Business License through the duration of their work in the City. (https://www.riversidemo.gov/departments/city clerk/licenses/business Iicenses.php) 2. Schedule and Coordinate all necessary inspections. 3. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services 4. Contractor shall coordinate with park general contractor, ensuring that no stormwater infrastructure or interior utilities are disturbed with their work. 5. Include all temporary utility fees and permits. 6. Include 3rd party Special Inspections as required to demonstrate compliance with KCAPWA, including but not limited to compaction and material testing. 7. Provide digital photographs of the preconstruction, construction, and post construction site (see Article IV Progress of Work/Submittals(F)for specifics) 8. Provide all weather provisions to meet the schedule set forth in the contract documents. 9. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. EXHIBIT F SCOPE OF WORK for Variety KC Inclusive Park- Phase 1 (Project No. 228-025) Project Plans / Contractor Proposal Contractor Cost Proposal attached. Project Plans dated 3.27.2025 and sealed by Chad Kennedy PLA-2023034538 and Jian Ang Zhang PE-2023046476 are incorporated into the Contract Documents by reference. CONTRACTOR COST PROPOSAL VARIETY KC RIVERSIDE INCLUSIVE PLAYGROUND AT CURRENT FIELDS Riverside,MO 05/06/25 ITEM DESCRIPTION UNIT QUANT. UNIT COST AMOUNT A. Site Mobilization/General Conditions 1 Erosion Control LS 1 $0.00 w/Site Prep 2 Construction Fencing LF 718 $0.00 w/G.C.'s 3 Site Security/Camera LS 0 $0.00 EXCLUDED 4 Dumpsters EA 10 $0.00 w/G.C.'s 5 Layout LS 1 $14,260.00 $14,260.00 6 Generator,if temp power is not available on site _ LS 1 $0.00 EXCLUDED 7 Builders Risk Insurance LS 1 $150.00 $150.00 8 General Liability Insurance LS 1 $5,061.00 $5,061.00 9 Performance and Payment Bond LS 1 $72,000.00 $72,000.00 10 Preconstruction Services LS 1 $0.00 EXCLUDED 11 General Conditions&General Requirements LS 1 $176,081.00 $176,081.00 12 Overhead and Profit LS 1 $74,980.00 $74,980.00 SUB- $342,532.00 B. Site Preparation 1 Demo and Removal,Site Clearing/Grubbing,Rough and Fine Grading LS 1 $330,388.00 $330,388 SUB- $330,388 C. Site Utilities 1 Site Utilities/Sleeves/Stubs LS 1 $0.00 w/Above item"B" 2 8"Storm Drain Line LF 646 $0.00 w/Above item"B" 3 12"Storm Drain Line LF 248 $0.00 w/Above item"B" 4 Storm Drain Catch Basins EA 15 $0.00 w/Above item"B" 5 Cleanouts EA 4 $0.00 w/Above item"B" 6 Manhole EA 1 $0.00 w/Above item"B" SUB- $0 D. Flatwork I Surfacing 1 Pedestrian 4"Fiber Reinforced Concrete Flatwork w/Base Rock SF 11,016 $22.42 $246,979 2 Deepened Concrete Edge At Play Area LF 303 $10.98 $3,328 3 Colored 4"Fiber Reinforced Concrete Flatwork w/Base Rock SF 243 $52.14 $12,670 4 12"Wide by 12"Deep Concrete Play Curb w/Reinforcement LF 616 $52.14 $32,119 5 Poured In Place Rubber Surfacing w/Cushion Layer and Base Rock SF 21348 $20.67 $441,263 6 Poured In Place Rubber Surfacing w/Cushion Layer and Concrete Layer at SF 1039 $80.35 $83,486 Embankment 7 Waterproofing-At Retaining Wall(4"CONCRETE ONLY) SF 491 $15.20 $7,461 SUB- see below,item E E. Walls I Steppers/Boulders 1 4 Foot Tall Reinforced Concrete Retaining Wall LF 215 $287.20 $61,748 SUB- $889,054 F. Site Furnishings 1 Powder Coated Steel Benches Backed EA 4 $1,486.00 $5,944 2 Powder Coated Steel Benches Backless EA 1 $949.00 $949 3 Powder Coated Steel Rectangular Picnic Table and Chairs EA 1 $2,700.00 $2,700 4 Powder Coated Steel Rectangular ADA Picnic Table and Chairs EA 2 $2,700.00 $5,400 5 Trash&Recycling Receptacles EA 4 $1,867.00 $7,468 SUB- $22,461 G. Fencing/Gates 1 4 Foot Vinyl Coated Chain Link Trap Fence LF 965 _ $46.37 $44,743 2 4 Ft Tall By 8 Ft Wide Powder Coated Tubular Steel Pedestrian Trap Double EA 2 $1,122.00 $2,244 Gate SUB- $46,987 H. Play Equipment 1 Play Equipment Material Cost Only LS 1 $1,306,470.92 $1,306,470.92 2 Play Equipment Installation Cost Only LS 1 $261,350.00 $261,350.00 3 Play Equipment Freight Only LS 1 $50,139.00 $50,139.00 SUB- $1,617,959.92 TOTAL $3,249,381 NOTES: 1. Items not included as a part of this estimate: A. Permits G. Landscaping Fees B. Utility Fees H. Joint trench C. City fees,bond fees I. Easement acquisitions D. Engineering/design fees J. Power Pole Relocation E. Soils engineering cost Breakout of play equipment costs is provided in the event of donation of items or value of items to the project as a way of tracking contributions of the Owner or Variety KC. • 1 5-12 yo Custom Play Structure EA 1 $679,800.00 $679,800 2 5-12 yo 2 Bay/4 Seat Swing Structure w/2 Inclusive Seats&2 Standard Seats EA 1 $6.566 $6,566 3 5-12 yo Surface Spinner EA 1 $16.077 $16.077 4 5-12 yo Dennis See-Saw EA 1 $8,375 $8,375 5 5-12 yo Wobble Sphere EA 1 $2,978 $2,978 6 5-12 yo Rotating Net w/Deck EA 1 $33.722 $33,722 7 5-12 yo Rail Rider w/lnclusive Seat EA 1 $13,475 $13,475 8 5-12 yo Spin Rocker EA 1 $4.950 $4,950 9 5-12 yo Tire Climber EA 2 $895.00 $1,790 10 5-12 yo Tire Climber w/Seat EA 1 $1,374.00 $1,374 11 5-12 yo Slalom Slide(Embankment) EA 1 $0.00 $0 12 5-12 ye Roller Slide(Embankment) EA 1 $0.00 $0 13 2-5 yo Custom Play Structure EA 1 $339,900.00 $339,900 14 2-5 yo 3 Bay/5 Seat Swing Struct.w/2 Inclusive,2 Bucket&1 Generation Seat EA 1 $13,919.00 $13,919 15 2-5 yo Dennis See-Saw EA 1 $8,375.00 $8,375 16 2-5 yo Turnabout Spinner EA 1 $16,077.00 $16,077 17 2-5 yo Team Totter EA 1 $8,782.00 $8,782 18 2-5 yo Solo Spinner EA 1 $916.00 $918 19 2-5 yo Double Wide Plastic Slide(Embankment) EA 1 $0.00 $0 20 2-5 yo Rainbow Loops EA 2 $2,418.00 $4,836 21 2-5 yo Chimes EA 1 $5,945.00 $5,945 22 2-5 yo Five Congas EA 1 $4,408.00 $4,408 23 2-5 yo Small Cabasa EA 1 $1,178.00 $1,178 24 2-5 yo Medium Cabasa EA 1 $1,318.00 $1,318 25 2-5 yo Large Cabasa EA 1 $1,472.00 $1,472 26 2-5 yo Water Play Pump EA 1 $0.00 $0 27 2-5 ye Water Play Gates EA 3 $0.00 $0 This sheet needs to be updated prior to agreement signatures _ �N AFFIDAVIT for WORK AUTHORIZATION (as required by Section 285.530,Revised Statutes of Missouri) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE:Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986(IRCA),P.L.99-603. KNOWINGLY:A person acts knowingly or with knowledge,(a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist;or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN:An alien who does not have the legal right or authorization under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3). State of ) County of ) ss: BEFORE ME, the undersigned notary, personally appeared , who, being duly sworn,states on his/her oath or affirmation as follows: 1. My name is and I am currently the of (hereinafter "Contractor"), whose business address is ,and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: Variety KC Inclusive Park—Phase 1(Project No.228-025). 4. Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further,Affiant sayeth not. Signature of Affiant Printed Name: Subscribed and sworn to before me this day of ,20 Notary Public *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (1)a valid,completed copy of the first page identifying the Contractor;and (2)a valid copy of the signature page completed and signed by the Contractor,and the Department of Homeland Security—Verification. EXHIBIT G TECHNICAL SPECIFICATIONS PNAME (Project No. 228-025) The following Specifications govern Contractor's performance of the Work: ENUMERATION OF SPECIFICATIONS AND ADDENDA: Following are the Specifications and Addenda governing the work, which form a part of this contract, as set forth the Contract Documents: SPECIFICATIONS: Division 1 —General Requirements Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01051 CONSTRUCTION SURVEY AND STAKING 01060 STANDARD SPECIFICATIONS AND PLANS 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTION SCHEDULE 01330 SUBMITTALS 01410 TESTING LABORATORY SERVICES 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 POLLUTION CONTROL 01570 TEMPORARY TRAFFIC CONTROL 01732 DEMOLITION AND SITE PREPARATION Division 2—Site Work Section Description 02350 EROSION AND SEDIMENT CONTROL 02820 SEEDING 033000 CAST-IN-PLACE CONCRETE 321313 CONCRETE PAVING 321373 CONCRETE PAVING JOINT SEALANTS 321816.13 PLAYGROUND PROTECTIVE SURFACING 323113 CHAIN LINK FENCES AND GATES EXHIBIT H CITY OF RIVERS! MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: PROJECT: Variety KC Inclusive Park—Phase 1 PROJECT NO.: 228-025 ORD/RESO: (approved ) TO: Contractor: (address) You are hereby notified to commence work on or after the day of , 2019 in accordance with the Agreement dated The date of substantial completion is 07/31/2026. The project shall be completed and ready for final payment by CITY OF RIVERSIDE (Owner) BY: Brian E. Koral, City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Signature) (Printed) (Title) (Company) this the day of , 20 EXHIBIT I APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact Capital Projects and Parks Manager, Noel Bennion with the City of Riverside for an electronic version nbennion(a,riversidemo.gov or by calling 816-451-8227) CITY pn/�pOF PAY APPLICATION NO. Date Prepared: Project No. City of Riverside Page Number:1 of 2950 NW Vivion Road Project Name I of Pgs Attached: Riverside Missouri,64150 A Original Contract Amount: F Value of Work to Date: $ - (ream sciwd,e dvalaer ram:a&emcenrrykm.1m Deer B Net change by Change Orders: 0 Value of Completed to Date: $ - (=F♦D) C Present Contract Amount(Line 1.1-tine 2) $ - D Value of Stored Materials to Date: $ - H Net Amount: $ - -E) E Percent Retainage: $ - I Less Previous Payments: $ - Boat dal previa.priappsignstsi t Amount Due this Application: $ - K Balance to Finish Project.Including Retainage $ - (wC-I-1) %ProjectComplete to Date. #OIV/01 CONTRACTOR'S Certification for payment Tne undersigned CONTRACTOR retires that Itl ar previous ON-SITE PROJECT Manager: progress pavmens received from OWNER an account or'Work Construction Manager: lire tuber the Contract referred to above nave been appaed to discharge m fun as obligations of CONTRACTOR Incurred 0 ENGINEERS Certification for Payment Name Punted connection xd li Work ravened by current and prior Applications In accordance WIT the Contract Documents based on on-sae for Payments(2i Itre to a::Work naterats and equipment observations and the data Conprrsing trio application the Stoned incorporated in said Work or other..se listed In or covered IN this Engineer venues to the Owner that to(ere best of me Application for Payment Mir pass to Owner at tole of payment Engineers knowledge rrtonnabon and beget the Work eras Date nee and clear of al,kens cairns cunty interest and progressed as indented the qualdo of the Work rs in encumbrances Ienept such as are covered Sr Bond aC Ceptable accordance with the Contract Documents and the to OWNER Indemnifying OWNER against any such hen clam Contractors entited to payment of the AMOUNT security interest or encumbrance!and(31 al:WOIS covered try CERTIFIED S U!s Apprsabon for Payment Is in aCCorcamue eon me contract CITY OF RIVERSIDE.MO Documents Engineer: City Engineer Contractor: Naane Prrted Name Prrted Signed: City Administrator: Signed: Date SnarKo,a( Date Phone No. Address: Address EXHIBIT J CHANGE ORDER (Contact Capital Projects and Parks Manager,Noel Bennion with the City of Riverside for an electronic version nbennion(a,riversidemo.gov or by calling 816-451-8227) CITY OF CHANGE ORDER NO. Date Preperec RIVER Contractor Name: Project Name. Page number r of Protect Number: a or ogs Attached. Contract Date. The fdoaing changes to the ongmal contract amount were required to cover cast incurred by Project Location Riverside.hissoud the Contractor or to reflect savings realized by the Contractor as a result of a change in the actual constructed quantities from the estimated quantities shown on ate Bid Proposal REQUIRED CHANGES IN PRESENT CONTRACT Contact am Contactor Contract or I New cc New or New m Line awn No. Previous Previous Precious Unit Rem Description&Reason for Change Order Adjusted Adjusted Adjusted Queerly Una Prize Amount Quantity Unit Price Arnaud $0.00 $0.00 $0.00 $0.00 $0.00 { $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Previous Total $0.00 -._ - Actebed Total $0.00 Net Change $0.00 Statement or Contract Ong nal Contract Amount SO 00 Net Arrnlnt of Previous Aoditiors and Deductions SO 00 Net Contract Amount Prior to This Request S0.00 Amount of This Request $0 00 New Contract Amount Se 00 Percent Change in Contract Amount 7DIYIO! DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI: City Engineer: Nam e:M.,:ed Travis Hoover speed out Upend City Administrator: O.b Oman Koal sense date CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTORS Certification for Change Order. ON-SITE PROJECT MANAGER Certification for Change Order. The undersgned CONTRACTOR ceases On as charges In accordance well the Contact Daur.nts the onshe ob.ereton and deserted aeon are necessary N odd for era CONTRACTOR to the data cor prang this cramge order the on-sn.project manager c Mites proceed ern execution of t,e cahtact documents end tent pre to the Owner Mat to the best of the On-Ste project manager's knowledge. Woes caret above are correct van respect to the won room Pion and beret tie above referenced changes are necessary in order to art voted order ores change order. proceed with the execution of the contract ioconen,.end Ira the waves stated Mon are correct couch respect to the work bin-pared under phis change order Company Company Name Premed ha=a Penn, Sated boned Dab Dery CITY of EXHIBIT K RIVERS! Certificate of Substantial Completion (to be completed after substantial completion of the project) Project Name: Variety KC Inclusive Park—Phase 1 Project#: 228-025 Owner of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities,insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended Owner's Amended Responsibilities: Contractor's Amended Responsibilities: The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print& Sign) Date Accepted by Contractor (Print& Sign) Date Accepted by Owner (Print& Sign) Date EXHIBIT L AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW (to be completed at conclusion of project) I, ,upon being duly sworn upon my oath state that: (1)Iamthe of (2)all requirements of Section 290.210 to 290.340.RSMo,pertaining to the payment of wages to workers employed on public works projects have been fully satisfied with regard to this Contractor's work on Variety KC Inclusive Park-Phase 1 (Project No.228-0251s (3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational titles set out in the applicable regulations,I have completed full and accurate records clearly indicating: (a)the names,occupations,and crafts of every worker employed by this Company in connection with this Project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b)the payroll deductions that have been made for each worker,and (c)the amounts paid to provide fringe benefits,if any,for each worker; (5)the amounts paid to provide fringe benefits,if any,were irrevocable paid to a trustee or to a third party pursuant to a fund,plan,or program on behalf of the workers; (6)these payroll records are kept and have been provided for inspection to the authorized representative of the City of Riverside and will be available,as often as may be necessary,to such City and such other regulatory agencies as may be deemed necessary; (7)such records shall not be destroyed or removed from the State of Missouri for one(1)year following the completion of Contractor's work on this Project; (8)when in effect,the requirements of Sections 290.550 through 290.580 RSMo.Pertaining to excessive unemployment were fully satisfied;and (9)there has been no exception to the full and complete compliance with the provisions and requirements of the wage orders applicable to the Agreement and Contract Documents. The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge that the falsification of any information set out herein may subject me to criminal prosecution. Contractor Signature Printed Name Subscribed and sworn to me this day of , 20 Notary Public My Commission expires: EXHIBIT M CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) Variety KC Inclusive Park-Phase 1 (Project No. 228-025) STATE OF ) ) SS: COUNTY OF ) The Undersigned, of lawful age, being first duly sworn, states under oath as follows: 1. I am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls,material bills,use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied,as required by the Contract. 3. (-) Prevailing wage does not apply;or (i) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes,pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law as required in the Contract and has attached affidavits from all Subcontractors on this Project,regardless of tier,affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri,the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of 20_before me appeared , to me personally known to be the of , and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public EXHIBIT N SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) Variety KC Inclusive Park-Phase 1 (Project No. 228-025) STATE OF ) SS: COUNTY OF After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor) and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290,RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: ,Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders: $ 2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in Sections 290.210,RSMo through 290.340,RSMo. Business Entity Type: Subcontractor's Legal Name and Address ( ) Missouri Corporation ( ) Foreign Corporation ( ) Fictitious Name Corporation ( ) Sole Proprietor ( ) Limited Liability Company Phone No. ( ) Partnership Fax: ( ) Joint Venture E:mail: ( ) Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and sworn to before me this day of ,20 My Commission Expires: (Signature) EXHIBIT 0 ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside,Missouri Project Name: Variety KC Inclusive Park—Phase 1 Project No: 228-025 Contractor: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. I hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the shop drawings and specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment,manuals,and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security, operation,safety,maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one(1)year(or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this day of ,20 Signature: (SEAL) Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. Kathleen L Rose,Mayor (SEAL) Date: Attest: Robin Kincaid,City Clerk cc: Contractor EXHIBIT P ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600,a public entity shall not enter into a contract to acquire or dispose of services, supplies,information technology,or construction valued at$100,000,or with a contractor having ten or more employees,unless the contract includes a written certification that the person or company is not currently engaged in,and shall not,for the duration of the contract,engage in a boycott of: Goods or services from the State of Israel; Companies doing business in,or with,Israel Companies authorized by, licensed by,or organized under,the laws of the State of Israel; or Persons or entities doing business in the State of Israel. For a definition of the term"boycott",please refer to RSMo. §34.600.3. By signing below,the entity agrees and certifies that it does not currently,and will not for the duration of this contract,engage in any of the types of boycotts listed above. Contractor: By: Name: Title: DIVISION 1 - GENERAL REQUIREMENTS 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits,the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Contractors may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the Contractor from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies between the specifications and the existing conditions shall be referred to the City for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve benchmarks, references or stakes and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace,at Contractor's own expense,in a manner approved by the City any such broken or damaged material. E. Delivery of Materials:The delivery of all materials,equipment,and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor. The amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. F. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in first class condition and free from deterioration or contamination. G. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. H. Blasting: No blasting will be allowed on this project. 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to construction so the utilities can be located and identified. B. All construction activities shall be coordinated with adjacent property owners affected by construction of the project to assure access to their properties. Driveways to adjacent properties shall be accessible at the end of each working day. C. The Contractor will be responsible for notifying the Resident Project Representative a minimum of 48 hours in advance in writing of the dates when construction will begin and end. The City will notify the school district, fire, and police departments, and the local newspapers. D. The Contractor shall be responsible for obtaining all necessary permits. With the exception of a City Business License, City permit fees will be waived. E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the City on a monthly basis (at a minimum). Additional meetings may be held as needed. F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of construction elements. G. In the event certain parts of work are assigned to subcontractors,the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the City through the Contractor. H. The Contractor is solely responsible for all Assignments of Work among subcontractors. I. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to each item of work, regardless of location of information in Contract Documents. 01051 CONSTRUCTION SURVEY AND STAKING A. General: This item shall be provided by Westwood. 01060 STANDARD SPECIFICATIONS AND PLANS A. General: The work shall conform to the plans and contract specifications as outlined. In case of conflict, the specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design Criteria, Division II (APWA Standard Specifications) available at the following website: https://kcmetro.apwa.org/resources/specifi cations/. C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Plans when referenced in the construction documents. The referenced APWA Standard Plans are available at the following website: https://kcmetro.apwa.org/resources/specifications/. Other standard plans and specifications may be referred to and therefore adopted into these specifications. 01270 MEASUREMENT AND PAYMENT A. It is the intent of the Contract Documents that all costs in connection with the Work, including furnishing of all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the Work, shall be included in the Contractor proposal. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Contractor proposal. All Work not specifically set forth in the Contractor proposal as a pay item shall be considered a subsidiary obligation of the Contract, and all costs in connection therewith shall be included in the process named in the Contractor proposal. B. If item does not appear in the Contractor proposal, or if said item is a part of another item listed in the Contractor proposal, it will not be measured for payment. C. Whenever in the Contractor proposal there is a discrepancy between unit prices and extensions or totals, the unit prices will govern, and the extensions or totals will be corrected accordingly. D. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits,the Contractor will be paid only for the actual quantities. E. Payment will be made as the sum of the following: 1. Final authorized quantity of each item in the Contractor proposal multiplied by the contract unit price therefore. 2. Lump sum payment for each item so listed in the Contractor proposal, at the contract lump sum price therefore. 3. Any special payment or adjustment,plus or minus,as provided for in the Agreement. 01310 JOB SITE ADMINISTRATION A. The Contractor,or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work,whenever construction activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, the duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the City and Contractor regarding the signing of pay estimates, change orders,workday reports and other forms necessary for communication and project status inquiries. Upon project commencement,the City shall be notified,in writing,within five(5)working days of any changes in the Contractor's representative(s). 01320 CONSTRUCTION SCHEDULE A. General: The Contractor shall prepare and maintain a construction schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the City for review at the pre-construction meeting. The baseline construction schedule shall be in a form approved by the City and shall include at least the following information for each significant work item during each phase of the project: 1. Beginning date of Project. 2. Ending date of Project. 3. Beginning Date of Each Phase. 4. Completion Date of Each Phase. 5. Scheduled percentage of completion at the end of each calendar month. 6. Scheduled percentage complete for each phase at the end of each calendar month. The City will review the proposed progress schedule, and may require the Contractor to revise the same if, in the City's judgment,revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule prior to each monthly construction progress meeting. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. The updated schedule shall be distributed to the City at each progress meeting. 01330 SUBMITTALS A. Shop Drawings: A minimum of two(2) copies of each of the manufacturer's shop drawings and data sheets shall be submitted to the City indicating the necessary installation dimensions, weights, materials and performance information. The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy for the prime Contractor. The Contractor shall supply additional copies as necessary for any subcontractors. Submittals for equipment and materials shall include reference to indicate where it is to be used; whether by tag number, specification paragraph, or description of use. Approval of shop drawings will be for conformance with the design concept of the project and for compliance with the information given in the Technical Specifications. The approval of a separate item,as such,will not indicate approval of the assembly in which the item functions. Submittals: Required submittals include but are not limited to the following: 1.1 Concrete Mix Design (For Each Mix used on the Project) A. Source of Materials B. Concrete Manufacturer's Name C. Testing Laboratory Name D. Results of the Mix Design 1) Compressive Strength 2) Air Content 3) Slump 4) Cement Content 5) Water Content 6) Fine Aggregate a)Gradation Test Results b) Soundness Test Results 7) Coarse Aggregate a)Gradation Test Results b) Soundness Test Results 8) Additives as called for in plans or specifications 9) Certification of Reinforcing Steel 10) Certification of Fly Ash (if used) 1.2 Storm Sewer A. Piping 1. Certification of Piping and Fittings 2. Structures a) Precast Shop Drawings b) Catalogue Cuts on Metal Castings 1.3 Erosion Control A. Manufacturer's information showing compliance with KCAPWA. 1.4 Utility Conduits A. Certification that all materials used are in compliance with specifications included herein. 01410 TESTING LABORATORY SERVICES A. General: Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing for items incorporated into the project. The tests, frequency and reports required to confirm contract compliance shall be as specified in the KCAPWA Standard Specifications unless otherwise noted below: One copy of the test results shall be submitted to the City electronically within 24 hours of the test completion. The testing lab must be agreed upon by the Contractor and the City. 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non-soil waste area. The Contractor shall keep the site clean and free of all refuse,rubbish,scrap materials,and debris as a result of construction activities so that at all times the site of the work shall present a neat, orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. 01567 POLLUTION CONTROL No open burning will be permitted. See Section 2150 of KCAPWA for erosion and sediment control, Section 2400 of KCAPWA for seeding/sodding. Contractor is responsible for maintaining and updating site specific Stormwater Pollution Prevention Plan (SWPPP). 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition)as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the City in charge of construction. B. Temporary Traffic Control Devices: All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions. 01732 DEMOLITION & SITE PREPARATION A. General: This item includes,but is not limited to,the removal and disposal of landscaping items, signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items designated for removal in the plans or as directed by the City Engineer. All items that are inside the construction limits, including those not listed or shown on the plans, shall be included in this item. Demolition shall be done in accordance with Section 2101 of the APWA Standard Specifications. 1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to be removed, the existing pavement shall be cut with a concrete saw to full depth. If the remaining pavement is chipped or cracked during sawing and removal, it shall be re- sawed behind the limits of the chip or crack. No additional payment will be made for the replacement of pavement damaged during construction other than that shown on the plans. B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly discarded off the project limits and shall not be re-used or used as an embankment material within the project limits. DIVISION 2 - SITEWORK 02350 EROSION AND SEDIMENT CONTROL A. General: Erosion and sediment control shall be in accordance with KCAPWA Standard Specifications Section 2150. 1. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project. 2. All sediment escaping the project site and entering the downstream ditches shall be removed immediately at the expense of the Contractor. If the existing vegetation is damaged by the sediment,or by the removal of the sediment, it shall be replaced with like vegetation at the expense of the Contractor. 02820 SEEDING A. General: Contractor shall seed all disturbed areas in accordance with APWA Standard Specifications Section 2401. SECTION 033000-CAST-IN-PLACE CONCRETE PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Concrete standards. 2. Concrete materials. 3. Admixtures. 4. Fiber reinforcement. 5. Vapor retarders. 6. Curing materials. 7. Accessories. 8. Repair materials. 9. Concrete mixture materials. 10. Concrete mixture class types. 1 I. Concrete mixing. 1.2 DEFINITIONS A. Cementitious Materials: Portland cement or blended hydraulic cement alone or in combination with one or more of the following: B. Water/Cementitious Materials (w/cm) Ratio: The ratio by weight of mixing water to cementitious materials. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1. Require representatives of each entity directly concerned with cast-in-place concrete to attend,including the following: a. Contractor's superintendent. b. Concrete Subcontractor. 2. Review the following: a. Construction joints,control joints,isolation joints,and joint-filler strips. b. Concrete mix design c. Semirigid joint fillers. d. Cold-and hot-weather concreting procedures. e. Concrete finishes and finishing. f. Curing procedures. g. Forms and form-removal limitations. CAST-IN-PLACE CONCRETE 033000 - 1 h. Concrete protection. i. Initial curing of standard-cured and field curing of field-cured test cylinders (ASTM C31/C31M.) j. Protection of field cured field test cylinders. k. Distribution of test reports. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. B. Design Mixtures: For each concrete mixture, include the following: 1. Mixture identification. 2. Compressive strength at 28 days or other age as specified. 3. Maximum w/cm ratio. 4. Slump or slump flow limit. 5. Air content. 6. Nominal maximum aggregate size. 7. Intended placement method. 8. Submit adjustments to design mixtures when characteristics of materials, Project conditions, weather,test results, or other circumstances warrant changes. C. Shop Drawings: 1. Construction Joint Layout: Indicate proposed construction joints required to construct the structure. a. Location of construction joints is subject to approval of the City and/or Landscape Architect. D. Samples: In accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside, Missouri. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified ready-mix concrete manufacturer and testing agency. B. Material Certificates: For each type of material. C. Material Test Reports: For each type of material. D. Preconstruction Test Reports: For each mix design. E. Field quality-control reports. 1.6 QUALITY ASSURANCE A. The contractor is responsible for placing concrete when conditions are conducive to proper curing. CAST-IN-PLACE CONCRETE 033000-2 B. Perform work in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. C. Obtain materials from same source throughout. Retain subparagraph below if requiring minimum qualifications for laboratory personnel performing acceptance testing and for laboratory supervisor. D. Mockups: Cast concrete formed-surface panels to demonstrate typical joints, surface finish, texture, tolerances, and standard of workmanship. Provide up to two batches of concrete to demonstrate the number of required mockups. 1. Formed Surfaces: Build panel in the location indicated or, if not indicated, as directed by City and/or Landscape Architect. 1.7 PRECONSTRUCTION TESTING A. Preconstruction Testing Service: Engage a qualified testing agency to perform preconstruction testing on each concrete mixture. 1.8 FIELD CONDITIONS A. Cold-Weather Placement:Comply with ACI 301 as follows: 1. Protect concrete work from physical damage or reduced strength that could be caused by frost,freezing actions,or low temperatures. 2. When air temperature has fallen to, or is expected to fall below 40 deg F during the protection period, maintain delivered concrete mixture temperature within the temperature range required by ACI 301. 3. Do not use frozen materials or materials containing ice or snow. 4. Do not place concrete in contact with surfaces less than 35 deg F, other than reinforcing steel. B. Hot-Weather Placement: Comply with ACI 301 and ACI 305.1,and as follows: 1. Maintain concrete temperature at time of discharge to not exceed 90 deg F. 2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water,soft spots,or dry areas. PART 2-PRODUCTS 2.1 CONCRETE,GENERAL A. The material shall be in accordance with the Kansas City Materials Board, KCMMB4K design mix. CAST-IN-PLACE CONCRETE 033000 - 3 2.2 CONCRETE MATERIALS A. Concrete materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.3 ADMIXTURES A. Admixtures shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.4 FIBER REINFORCEMENT A. Fiber reinforcement shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.5 VAPOR RETARDERS A. Vapor retarders shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.6 CURING MATERIALS A. Curing materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.7 ACCESSORIES A. Accessories shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.8 REPAIR MATERIALS A. Repair materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.9 CONCRETE MIXTURE MATERIALS A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data,or both, in accordance with ACI 301. 2.10 CONCRETE MIXTURE CLASS TYPES A. Concrete mixture class types shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. CAST-IN-PLACE CONCRETE 033000-4 2.11 CONCRETE MIXING A. Concrete mixing shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. PART 3 -EXECUTION 3.1 EXAMINATION A. Verify that subgrade is compacted as specified in KCAPWA and ready to support retaining walls,footings,and imposed loads.City Engineer shall approve all subgrade. 3.2 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Notify City a minimum of 24 hours prior to commencement of placing concrete and concrete operations. 3.3 TOLERANCES A. Tolerances shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.4 INSTALLATION OF EMBEDDED ITEMS A. Installation of embedded items shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.5 INSTALLATION OF VAPOR RETARDERS A. Installation of vapor retarders shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.6 INSTALLATION OF CAST-IN-PLACE CONCRETE A. Installation of cast-in-place concrete shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside, Missouri. 3.7 INSTALLATION OF JOINTS A. Construction of joints shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. CAST-IN-PLACE CONCRETE 033000 - 5 3.8 APPLICATION OF FINISHING FORMED SURFACES A. Smooth Sack and Patch Trowel Surface Finishes: 1. Surface finish shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.9 APPLICATION OF CONCRETE CURING A. Concrete curing shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.10 INSTALLATION OF JOINT FILLING A. Installation of joint filler shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.11 INSTALLATION OF CONCRETE SURFACE REPAIRS A. Concrete surface repairs shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.12 FIELD QUALITY CONTROL A. Field Quality Control shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.13 PROTECTION A. Protection of concrete shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. END OF SECTION 033000 CAST-IN-PLACE CONCRETE 033000 -6 SECTION 321313 -CONCRETE PAVING PART 1 -GENERAL 1.1 SUMMARY A. Section includes concrete paving 1. Curbs. 2. Walks. B. Related Requirements: 1. Section 321373 "Concrete Paving Joint Sealants" for joint sealants in expansion and contraction joints within concrete paving or adjacent construction. 1.2 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement,fly ash,slag cement,and other pozzolans. B. W/C Ratio: The ratio by weight of water to cementitious materials. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference:Conduct conference at Project site. 1. Review methods and procedures related to concrete paving, including but not limited to, the following: a. Concrete mixture design. b. Quality control of concrete materials and concrete paving construction practices. 2. Require representatives of each entity directly concerned with concrete paving to attend, including the following: a. Contractor's superintendent. b. Concrete paving Subcontractor. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. B. Samples for Initial Selection: For each type of product, ingredient, or admixture requiring color selection. CONCRETE PAVING 321313 - 1 C. Design Mixtures: For each concrete paving mixture. Include alternate design mixtures when characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For qualified ready-mix concrete manufacturer and testing agency. B. Material Certificates: For the following,from manufacturer: 1. Cementitious materials. 2. Steel reinforcement and reinforcement accessories. 3. Fiber reinforcement. 4. Admixtures. 5. Curing compounds. 6. Bonding agent or epoxy adhesive. 7. Joint fillers. C. Material Test Reports: For each of the following: 1. Aggregates: Include service-record data indicating absence of deleterious expansion of concrete due to alkali-aggregate reactivity. D. Field quality-control reports. 1.6 QUALITY ASSURANCE A. The contractor is responsible for placing concrete when conditions are conducive to proper curing. B. Preform work in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. C. Obtain materials from same source throughout. 1.7 PRECONSTRUCTION TESTING A. Preconstruction Testing Service: Engage a qualified independent testing agency to perform preconstruction testing on concrete paving mixtures. 1.8 FIELD CONDITIONS A. Cold-Weather Concrete Placement: Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing, or low temperatures. Comply with ACI 306.1 and the following: CONCRETE PAVING 321313 -2 1. When air temperature has fallen to or is expected to fall below 40 deg F, uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F and not more than 80 deg F at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in design mixtures. B. Hot-Weather Concrete Placement: Comply with ACI 301 and as follows when hot-weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated in total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water-soaked burlap, so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog-spray forms and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water,soft spots,or dry areas. PART 2 - PRODUCTS 2.1 CONCRETE,GENERAL A. The material shall be in accordance with the Kansas City Materials Board, KCMMB4K design mix. 2.2 FORMS A. Forms shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.3 STEEL REINFORCEMENT A. Steel reinforcement shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.4 CONCRETE MATERIALS A. Concrete materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.5 FIBER REINFORCEMENT A. Fiber reinforcement shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. CONCRETE PAVING 321313 - 3 2.6 CURING MATERIALS A. Curing materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.7 RELATED MATERIALS A. Joint Fillers materials shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. B. Bonding Agents shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside, Missouri. C. Epoxy-Bonding Adhesives shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. D. Chemical Surface Retarders shall conform to KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 2.8 CONCRETE MIXING A. Concrete mixing shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. PART 3 -EXECUTION 3.1 EXAMINATION A. Verify that subgrade is compacted as specified in KCAPWA and ready to support paving and imposed loads.City Engineer shall approve all subgrade. 3.2 PREPARATION A. Moisten base to minimize absorption of water from fresh concrete. B. Verify that manholes, inlets or any other structures have been brought to the proper elevation, grade and alignment prior to placing concrete. Coat surfaces of manholes, curb inlets, existing structures and frames with oil to prevent bonding with concrete. C. Notify City a minimum of 24 hours prior to commencement of concreting operations. 3.3 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides to required lines, grades, and elevations. Install forms to allow continuous progress of work and so forms can remain in place at least 24 hours after concrete placement. CONCRETE PAVING 321313 -4 B. Clean forms after each use and coat with form-release agent to ensure separation from concrete without damage. 3.4 INSTALLATION OF STEEL REINFORCEMENT A. Installation of steel reinforcement shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.5 JOINTS A. Joint installation shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.6 CONCRETE PLACEMENT A. Concrete placement shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.7 FLOAT FINISHING A. Float finishing shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.8 CONCRETE PROTECTION AND CURING A. Concrete Protection and Curing shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.9 PAVING TOLERANCES A. Paving tolerances shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. 3.10 FIELD QUALITY CONTROL A. Field Quality Control shall be in accordance with KCAPWA Standard and Specifications and the requirements of the City of Riverside,Missouri. 3.11 REPAIR AND PROTECTION A. Repair and Protection shall be in accordance with KCAPWA Standard Specifications and the requirements of the City of Riverside,Missouri. CONCRETE PAVING 321313 - 5 3.12 CLEAN UP A. The Contractor shall be responsible for removal from the site of excess concrete, rock, dirt, debris and any broken concrete. Clean up shall take place as work progresses. B. Contractor shall be responsible for the repair of any existing pavement, curb, sidewalk or driveway damaged or disturbed during construction to the satisfaction of the City. END OF SECTION 321313 CONCRETE PAVING 321313 -6 SECTION 321373 -CONCRETE PAVING JOINT SEALANTS PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Cold-applied joint sealants. 2. Hot-applied joint sealants. 3. Joint-sealant backer materials. 4. Primers. 1.2 PREINSTALLATION MEETINGS A. Preinstallation Conference:Conduct conference at Project site. 1.3 ACTION SUBMITTALS A. Product Data: 1. Concrete pavement joint sealants. 2. Joint-sealant backer materials. B. Samples for Initial Selection: Manufacturer's standard color sheets, showing full range of available colors for each type of joint sealant. C. Samples for Verification: Actual sample of finished products for each kind and color of joint sealant required. 1. Size: Joint sealants in 1/2-inch-wide joints formed between two 6-inch-long strips of material matching the appearance of exposed surfaces adjacent to joint sealants. D. Paving-Joint-Sealant Schedule: Include the following information: 1. Joint-sealant application,joint location,and designation. 2. Joint-sealant manufacturer and product name. 3. Joint-sealant formulation. 4. Joint-sealant color. 1.4 INFORMATIONAL SUBMITTALS A. Qualification Statements:For Installer. CONCRETE PAVING JOINT SEALANTS 321373 - 1 1.5 QUALITY ASSURANCE A. Qualifications: 1. Installers: Entity that employs installers and supervisors who are trained and approved by manufacturer. 1.6 PRECONSTRUCTION TESTING A. Preconstruction Testing: Performed by a qualified testing agency. 1.7 FIELD CONDITIONS A. Do not proceed with installation of joint sealants under the following conditions: 1. When ambient and substrate temperature conditions are outside limits permitted by joint- sealant manufacturer or are below 40 deg F. 2. When joint substrates are wet. 3. Where joint widths are less than those allowed by joint-sealant manufacturer for applications indicated. 4. Where contaminants capable of interfering with adhesion have not yet been removed from joint substrates. PART 2-PRODUCTS 2.1 SOURCE LIMITATIONS A. Obtain joint sealants from single manufacturer for each sealant type. 2.2 JOINT SEALANTS,GENERAL A. Compatibility: Provide joint sealants, backer materials, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by joint-sealant manufacturer, based on testing and field experience. 2.3 COLD-APPLIED JOINT SEALANTS A. Single-Component,Nonsag,Silicone Joint Sealant:ASTM D5893/D5893M,Type NS. 2.4 HOT-APPLIED JOINT SEALANTS A. Hot-Applied,Single-Component Joint Sealant, Type I: ASTM D6690. CONCRETE PAVING JOINT SEALANTS 321373 -2 2.5 JOINT-SEALANT BACKER MATERIALS A. Joint-Sealant Backer Materials:Nonstaining;compatible with joint substrates,sealants,primers, and other joint fillers; and approved for applications indicated by joint-sealant manufacturer, based on field experience and laboratory testing. B. Round Backer Rods for Cold- and Hot-Applied Joint Sealants: ASTM D5249, Type 1, of diameter and density required to control sealant depth and prevent bottom-side adhesion of sealant. C. Round Backer Rods for Cold-Applied Joint Sealants: ASTM D5249, Type 3, of diameter and density required to control joint-sealant depth and prevent bottom-side adhesion of sealant. D. Backer Strips for Cold- and Hot-Applied Joint Sealants: ASTM D5249; Type 2; of thickness and width required to control joint-sealant depth, prevent bottom-side adhesion of sealant, and fill remainder of joint opening under sealant. 2.6 PRIMERS A. Primers: Product recommended by joint-sealant manufacturer where required for adhesion of sealant to joint substrates indicated. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine joints to receive joint sealants, with Installer present, for compliance with requirements for joint configuration, installation tolerances,and other conditions affecting joint- sealant performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning of Joints: Before installing joint sealants, clean out joints immediately to comply with joint-sealant manufacturer's written instructions. 1. Remove all foreign material from joint substrates that could interfere with adhesion of joint sealant, including dust, old joint sealants, oil, grease, waterproofing, water repellents,water,surface dirt,and frost. B. Joint Priming: Prime joint substrates where indicated or where recommended in writing by joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior experience. Apply primer to comply with joint-sealant manufacturer's written instructions. Confine primers to areas of joint-sealant bond;do not allow spillage or migration onto adjoining surfaces. CONCRETE PAVING JOINT SEALANTS 321373 - 3 3.3 INSTALLATION OF JOINT SEALANTS A. Comply with joint-sealant manufacturer's written installation instructions for products and applications indicated unless more stringent requirements apply. B. Joint-Sealant Installation Standard: Comply with recommendations in ASTM C 1 193 for use of joint sealants as applicable to materials,applications,and conditions. C. Install joint-sealant backers to support joint sealants during application and at position required to produce cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. 1. Do not leave gaps between ends of joint-sealant backer materials. 2. Do not stretch,twist,puncture,or tear joint-sealant backer materials. 3. Remove absorbent joint-sealant backer materials that have become wet before sealant application and replace them with dry materials. D. Install joint sealants immediately following backer material installation, using proven techniques that comply with the following: 1. Place joint sealants so they fully contact joint substrates. 2. Completely fill recesses in each joint configuration. 3. Produce uniform, cross-sectional shapes and depths relative to joint widths that allow optimum sealant movement capability. E. Tooling of Nonsag Joint Sealants: Immediately after joint-sealant application and before skinning or curing begins, tool sealants in accordance with the following requirements to form smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure contact and adhesion of sealant with sides of joint: 1. Remove excess joint sealant from surfaces adjacent to joints. 2. Use tooling agents that are approved in writing by joint-sealant manufacturer and that do not discolor sealants or adjacent surfaces. F. Provide joint configuration to comply with joint-sealant manufacturer's written instructions unless otherwise indicated. 3.4 CLEANING AND PROTECTION A. Clean off excess joint sealant as the Work progresses, by methods and with cleaning materials approved in writing by joint-sealant manufacturers. B. Protect joint sealants, during and after curing period, from contact with contaminating substances and from damage resulting from construction operations or other causes so sealants are without deterioration or damage at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint sealants immediately and replace with joint sealant so installations in repaired areas are indistinguishable from the original work. CONCRETE PAVING JOINT SEALANTS 321373 -4 3.5 PAVING-JOINT-SEALANT SCHEDULE A. Joints within concrete paving: 1. Joint Location: a. Expansion and isolation joints in concrete paving. b. Contraction joints in concrete paving. c. Other joints as indicated. 2. Joint Sealant:Single-component,nonsag,silicone joint sealant. 3. Joint-Sealant Color:Manufacturer's standard. B. Joints within concrete paving and between concrete and asphalt paving: 1. Joint Location: a. Joints between concrete and asphalt paving. b. Joints between concrete curbs and asphalt paving. c. Other joints as indicated. 2. Joint Sealant:Hot-applied,single-component joint sealant. 3. Joint-Sealant Color: Manufacturer's standard. END OF SECTION 321373 CONCRETE PAVING JOINT SEALANTS 321373 - 5 SECTION 321816.13-PLAYGROUND PROTECTIVE SURFACING PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections,apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Unitary,seamless surfacing. 1.3 DEFINITIONS A. Definitions in ASTM F2223 apply to Work of this Section. B. Critical Height: Standard measure of shock attenuation according to ASTM F2223; same as "critical fall height" in ASTM F1292. According to ASTM F1292, this approximates "the maximum fall height from which a life-threatening head injury would not be expected to occur." C. SBR: Styrene-butadiene rubber. D. Unitary Surfacing: A protective surfacing of one or more material components bound together to form a continuous surface;same as"unitary system" in ASTM F2223. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. B. Shop Drawings: For each type of protective surfacing. 1. Include plans,sections,placement and penetration details,and attachment to substrates. 2. Include accessories and edge terminations. 3. Include patterns made by varying colors of surfacing and details of graphics. 4. Include fall heights and use zones for equipment and structures specified in Section 116800 "Play Field Equipment and Structures," coordinated with the critical heights for protective surfacing. C. Samples for Initial Selection: For each type of exposed finish. 1. Include Samples of accessories involving color selection. D. Samples for Verification: For each type of protective surfacing and exposed finish. PLAYGROUND PROTECTIVE SURFACING 321816.13 - 1 1. Include Samples of accessories to verify color and finish selection. 2. Unitary, Seamless Surfacing:Minimum 6 by 6 inches. 3. Drainage/Separation Geotextile:Minimum 12 by 12 inches. 4. Drainage Panel: Minimum 6 by 6 inches. 5. Weed-Control Barrier: Minimum 12 by 12 inches E. Product Schedule: For protective surfacing. Use same designations indicated on Drawings. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer and testing agency. B. Product Certificates:For each type of unitary surfacing product. C. Field quality-control reports. D. Sample Warranty: For manufacturer's special warranty. 1.6 CLOSEOUT SUBMITTALS A. Maintenance Data: For playground protective surfacing to include in maintenance manuals. 1.7 QUALITY ASSURANCE A. Installer Qualifications: An entity that employs installers and supervisors who are trained and approved by manufacturer. B. Mockups: Build mockups to verify selections made under Sample submittals and to set quality standards for materials and execution. 1. Build mockups for protective surfacing including accessories. a. Size: 48 inches by 48 inches. 2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless City and/or Landscape Architect specifically approves such deviations in writing. 3. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.8 WARRANTY A. Special Warranty: Manufacturer and Installer agree to repair or replace components of protective surfacing that fail in materials or workmanship within specified warranty period. 1. Failures include,but are not limited to,the following: a. Reduction in impact attenuation as measured by reduction of critical fall height. PLAYGROUND PROTECTIVE SURFACING 321816.13 - 2 b. Deterioration of protective surfacing and other materials beyond normal weathering. 2. Warranty Period: Five years from date of Substantial Completion. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Source Limitations: Obtain protective surfacing materials from DuraPlay Surfacing System or approved equal single source from single manufacturer. 1. Provide geosynthetic accessories of each type from source recommended by manufacturer of protective surfacing materials. 2.2 PERFORMANCE REQUIREMENTS A. Impact Attenuation:Critical fall height tested according to ASTM F1292. B. Accessibility Standard: Minimum surfacing performance according to ASTM F 1951. 2.3 UNITARY,DUAL-DENSITY,SEAMLESS SURFACING—PIP RUBBER SURFACING A. Description: Manufacturer's standard, site-mixed and applied, two-layer material with wearing layer over cushioning layer, with combined, overall thickness as required, tested for impact attenuation according to ASTM F 1292 and for accessibility according to ASTM F 1951. 1. Manufacturers: Subject to compliance with requirements, provide products by the following: a. DuraPlay Surfacing System. 2. Wearing Layer: Formulation of EPDM rubber particles, binder, and other organic and inorganic components. 3. Cushioning Layer: Formulation of recycled SBR particles and binder. 4. Binder: Weather-resistant, UV-stabilized, flexible, nonhardening, 100 percent solids polyurethane. 5. Lacquer Topcoat: Manufacturer's standard polyurethane-based formulation. 6. Critical Height: 4 feet 5 feet 8 feet 9 feet As indicated on Drawings. 7. Overall Thickness: Not less than as required for critical height indicated 1-3/4 inches as indicated on Drawings. 8. Primer/Adhesive: Manufacturer's standard primer and weather-resistant, moisture-cured elastic polyurethane adhesive suitable for unit,substrate,and location. 9. Wearing Layer Color(s): As selected by City and/or Landscape Architect from manufacturer's full range of colors as indicated on Drawings. a. Design: Where graphic design is required,provide as indicated on Drawings. PLAYGROUND PROTECTIVE SURFACING 321816.13 - 3 B. Leveling and Patching Material: Portland cement-based grout or epoxy- or polyurethane-based formulation suitable for exterior use and approved by protective surfacing manufacturer. 2.4 GEOSYNTHETIC ACCESSORIES A. Drainage/Separation Geotextiles: Comply with Section 312000"Earth Moving." B. Drainage/Separation Geotextile: Nonwoven, needle-punched geotextile, manufactured for drainage applications and made from polyolefins or polyesters; with the following minimum properties: 1. Weight: 4 oz./sq.yd.;ASTM D5261. 2. Water Flow Rate: 100 gpm/sq.ft.according to ASTM D4491. C. Weed-Control Barrier: Composite fabric geotextile consisting of woven, needle-punched polypropylene substrate bonded to a nonwoven polypropylene fabric,weighing not less than 4.8 oz./sq.yd.. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for subgrade elevations, slope, and drainage and for other conditions affecting performance of the Work. 1. Verify that substrates are sound and without high spots,ridges,holes,and depressions. B. Hard-Surface Substrates: Verify that substrates are satisfactory for unitary, protective surfacing installation and that substrate surfaces are dry, cured, and uniformly sloped to drain within recommended tolerances according to protective surfacing manufacturer's written requirements for cross-section profile. 1. Concrete Substrates: Verify that substrates are dry and free from surface defects, laitance, glaze, efflorescence, curing compounds, form-release agents, hardeners, dust, dirt, loose particles, grease, oil, and other contaminants incompatible with protective surfacing or that may interfere with adhesive bond. Determine adhesion, dryness, and acidity characteristics by performing procedures recommended in writing by protective surfacing manufacturer. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Prepare substrates to receive surfacing products according to protective surfacing manufacturer's written instructions. B. Hard-Surface Substrates: Clean surface free of laitance, efflorescence, curing compounds, and other contaminants incompatible with protective surfacing. PLAYGROUND PROTECTIVE SURFACING 321816.13 -4 1. Repair: Fill holes and depressions in unsatisfactory surfaces with leveling and patching material. 2. Treatment: Mechanically abrade or otherwise prepare concrete substrates according to protective surfacing manufacturer's written instructions to achieve adequate roughness. 3. Terminal Edges: Saw cut concrete for terminal edges of protective surfacing. 4. Treat control joints and other nonmoving substrate cracks to prevent telegraphing through protective surfacing. 3.3 INSTALLATION OF GEOSYNTHETIC ACCESSORIES A. Install geosynthetic accessories before edging and according to playground surface system manufacturer's and geosynthetic manufacturer's written instructions and in a manner that cannot become a tripping hazard. 1. Drainage/Separation Geotextile: Completely cover area beneath protective surfacing, overlapping geotextile sides and edges a minimum of 8 inches with manufacturer's standard treatment for overlapping loosely laid seams. 2. Drainage Panels: Completely cover area beneath protective surfacing, abutting the drainage cores and overlapping seams with geotextile fabric facing with manufacturer's standard treatment seams. 3. Weed-Control Barrier: Completely cover area beneath loose-fill installation, overlapping barrier edges a minimum of 4 inches with manufacturer's standard treatment for overlapping loosely laid seams. 3.4 INSTALLATION OF SEAMLESS SURFACING A. Mix and apply components of seamless surfacing according to manufacturer's written instructions to produce uniform, monolithic, and impact-attenuating protective surfacing of required overall thickness. 1. Substrate Primer:Apply over prepared substrate at manufacturer's standard spreading rate for type of substrate. 2. Poured Cushioning Layer: Spread evenly over primed substrate to form a uniform layer applied at manufacturer's standard spreading rate in one continuous operation, with a minimum of cold joints. 3. Intercoat Primer: Over cured cushioning layer, apply primer at manufacturer's standard spreading rate. 4. Wearing Layer: Spread over primed base course to form a uniform layer applied at manufacturer's standard spreading rate in one continuous operation and, except where color changes, with no cold joints. Finish surface to produce manufacturer's standard wearing-surface texture. a. Design: Where graphic design is required, place colored, design material as soon as previously placed material is sufficiently cured, using primer or adhesive if required by manufacturer's written instructions. 5. Lacquer Topcoat: Spray or roller applied at manufacturer's standard coating rate in one continuous operation. PLAYGROUND PROTECTIVE SURFACING 321816.13 - 5 6. Edge Treatment: As indicated on Drawings. Fully adhere edges to substrate with full coverage of substrate. Maintain fully cushioned thickness required to comply with performance requirements. 3.5 FIELD QUALITY CONTROL A. Testing Agency: Engagea qualified testing agency to perform tests. B. Perform the following tests with the assistance of a factory-authorized service representative: 1. Perform "Installed Surface Performance Test" according to ASTM F 1292 for each protective surfacing type and thickness in each playground area. 2. Perform installed-surface-performance tests at no less than one series of tests for each 1000 sq.ft.of each type and thickness of in-place protective surfacing or part thereof. C. Playground protective surfacing will be considered defective if it does not pass tests. D. Prepare test reports. 3.6 PROTECTION A. Prevent traffic over seamless surfacing for not less than 48 hours after installation. END OF SECTION 321816.13 PLAYGROUND PROTECTIVE SURFACING 321816.13 -6 SECTION 323113 -CHAIN LINK FENCES AND GATES PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections,apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Chain-link fences. 2. Swing gates. 3. Horizontal-slide gates. 4. Privacy slats. B. Related Requirements: I. Section 033000"Cast-in-Place Concrete" for cast-in-place concrete post footings. 1.3 PREINSTALLATION MEETINGS A. Preinstallation Conference:Conduct conference at Project site. 1. Review coordination of interlocked equipment specified in this Section and elsewhere. 2. Review required testing,inspecting,and certifying procedures. 1.4 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include construction details, material descriptions, dimensions of individual components and profiles,and finishes for the following: a. Fence and gate posts,rails,and fittings. b. Chain-link fabric,reinforcements,and attachments. c. Gates and hardware. B. Shop Drawings: For each type of fence and gate assembly. 1. Include plans,elevations,sections,details,and attachments to other work. 2. Include accessories&hardware. C. Samples for Initial Selection: For each type of factory-applied finish. CHAIN LINK FENCES AND GATES 323113 - 1 D. Samples for Verification: For each type of component with factory-applied finish, prepared on Samples of size indicated below: 1. Polymer-Coated Components: In 6-inch lengths for components and on full-sized units for accessories. E. Delegated-Design Submittal: For structural performance of chain-link fence and gate frameworks, including analysis data signed and sealed by the qualified professional engineer responsible for their preparation. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For testing agency. B. Product Certificates:For each type of chain-link fence,and gate. C. Product Test Reports: For framework strength according to ASTM F 1043, for tests performed by manufacturer and witnessed by a qualified testing agency or a qualified testing agency. D. Field quality-control reports. E. Sample Warranty: For special warranty. 1.6 CLOSEOUT SUBMITTALS A. Operation and Maintenance Data: For gate operators to include in emergency, operation, and maintenance manuals. 1.7 QUALITY ASSURANCE A. Testing Agency Qualifications: For testing fence grounding; member company of NETA or an NRTL. 1. Testing Agency's Field Supervisor:Certified by NETA to supervise on-site testing. B. Emergency Access Requirements: According to requirements of authorities having jurisdiction for gates with automatic gate operators serving as a required means of access. C. Mockups: Build mockups to set quality standards for fabrication and installation. 1. Build mockup for typical chain-link fence and gate,including accessories. a. Size: 10-foot length of fence. CHAIN LINK FENCES AND GATES 323113 -2 1.8 FIELD CONDITIONS A. Field Measurements: Verify layout information for chain-link fences and gates shown on Drawings in relation to property survey and existing structures. Verify dimensions by field measurements. 1.9 WARRANTY A. Special Warranty: Installer agrees to repair or replace components of chain-link fences and gates that fail in materials or workmanship within specified warranty period. 1. Failures include,but are not limited to,the following: a. Failure to comply with performance requirements. b. Deterioration of metals, metal finishes, and other materials beyond normal weathering. c. Faulty operation of gate operators and controls. 2. Warranty Period: Five years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. Delegated Design: Engage a qualified professional engineer, as defined in Section 014000 "Quality Requirements,"to design chain-link fence and gate frameworks. B. Structural Performance: Chain-link fence and gate frameworks shall withstand the design wind loads and stresses for fence height(s) and under exposure conditions indicated according to ASCE/SEI 7. 1. Design Wind Load: Per manufacturer. a. Minimum Post Size: Determine according to ASTM F1043 for post spacing not to exceed 8 feet for Material Group IA,ASTM F 1043, Schedule 40 steel pipe. b. Minimum Post Size and Maximum Spacing: Determine according to CLFMI WLG 2445,based on mesh size and pattern specified. 2.2 CHAIN-LINK FENCE FABRIC A. General: Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist according to "CLFMI Product Manual" and requirements indicated below: 1. Fabric Height:As indicated on Drawings. 2. Steel Wire for Fabric: Wire diameter of 0.148 inch. a. Mesh Size: 2 inches. CHAIN LINK FENCES AND GATES 323113 -3 b. Polymer-Coated Fabric:ASTM F668,Class 2a over aluminum-coated steel wire. 1) Color: Black As selected by City and/or Landscape Architect from manufacturer's full range,according to ASTM F934. c. Coat selvage ends of metallic-coated fabric before the weaving process with manufacturer's standard clear protective coating. 3. Selvage: Knuckled at both selvages. 2.3 FENCE FRAMEWORK A. Posts and Rails: ASTM F 1043 for framework, including rails, braces, and line; terminal; and corner posts. Provide members with minimum dimensions and wall thickness according to ASTM F 1043 or ASTM F 1083 based on the following: 1. Fence Height: As indicated on Drawings. 2. Light-Industrial-Strength Material: Group IC-L, round steel pipe, electric-resistance- welded pipe. a. Line Post: 2.00 inches in diameter. b. End,Corner,and Pull Posts: 2.500 inches. 3. Horizontal Framework Members: top and bottom rails according to ASTM F 1043. a. Top and Bottom Rail: 1.625 inches in diameter. 4. Metallic Coating for Steel Framework: a. Type A: Not less than minimum 2.0-oz./sq. ft. average zinc coating according to ASTM A123/A123M or 4.0-oz./sq. ft. zinc coating according to ASTM A653/A653M. b. Type B: Zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. of zinc after welding, a chromate conversion coating, and a clear, verifiable polymer film. c. External, Type B: Zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. of zinc after welding, a chromate conversion coating, and a clear, verifiable polymer film. Internal, Type D, consisting of 81 percent, not less than 0.3-mil-thick,zinc-pigmented coating. d. Type C:Zn-S-Al-MM alloy,consisting of not less than 1.8-oz./sq.ft.coating. e. Coatings:Any coating above. 5. Polymer coating over metallic coating. a. Color: Match chain-link fabric,according to ASTM F934. 2.4 TENSION WIRE A. Polymer-Coated Steel Wire: 0.177-inch- diameter, tension wire according to ASTM F1664, Class 2a over aluminum zinc-coated steel wire. CHAIN LINK FENCES AND GATES 323113 -4 1. Color: Match chain-link fabric, according to ASTM F934. 2.5 SWING GATES A. General:ASTM F900 for gate posts and single and double swing gate types. 1. Gate Leaf Width: As indicated on plans. 2. Framework Member Sizes and Strength: Based on gate fabric height of 72 inches or less. B. Pipe and Tubing: 1. Zinc-Coated Steel: ASTM F1043 and ASTM F1083; protective coating and finish to match fence framework. 2. Gate Posts: Round tubular steel. 3. Gate Frames and Bracing: Round tubular steel. C. Frame Corner Construction: Welded or assembled with corner fittings. D. Hardware: 1. Hinges: 180-degree outward swing. 2. Latch: Permitting operation from both sides of gate. 3. Lock: Manufacturer's standard internal device. 4. Closer: Manufacturer's standard. 2.6 FITTINGS A. Provide fittings according to ASTM F626. B. Post Caps: Provide for each post. 1. Provide line post caps with loop to receive tension wire or top rail. C. Rail and Brace Ends: For each gate,corner,pull, and end post. D. Rail Fittings:Provide the following: 1. Top Rail Sleeves: Pressed-steel or round-steel tubing not less than 6 inches long. 2. Rail Clamps: Line and corner boulevard clamps for connecting bottom rails to posts. E. Tension and Brace Bands: Pressed steel. F. Tension Bars: Steel, length not less than 2 inches shorter than full height of chain-link fabric. Provide one bar for each gate and end post,and two for each corner and pull post, unless fabric is integrally woven into post. G. Truss Rod Assemblies: Mill-finished aluminum rod and turnbuckle or other means of adjustment. H. Tie Wires,Clips,and Fasteners:According to ASTM F626. CHAIN LINK FENCES AND GATES 323113 - 5 1. Standard Round Wire Ties: For attaching chain-link fabric to posts, rails, and frames, according to the following: a. Aluminum: ASTM B211; Alloy 1350-H19; 0.192-inch- diameter, mill-finished wire. I. Finish: 1. Metallic Coating for Pressed Steel or Cast Iron:Not less than 1.2 oz./sq.ft.of zinc. a. Polymer coating over metallic coating. 2.7 GROUT AND ANCHORING CEMENT A. Nonshrink,Nonmetallic Grout: Factory-packaged,nonstaining, noncorrosive, nongaseous grout complying with ASTM C1107/C1107M. Provide grout, recommended in writing by manufacturer,for exterior applications. B. Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-controlled expansion cement formulation for mixing with water at Project site to create pourable anchoring,patching, and grouting compound. Provide formulation that is resistant to erosion from water exposure without needing protection by a sealer or waterproof coating, and that is recommended in writing by manufacturer for exterior applications. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine areas and conditions, with Installer present, for compliance with requirements for a certified survey of property lines and legal boundaries, site clearing,earthwork,pavement work, and other conditions affecting performance of the Work. 1. Do not begin installation before final grading is completed unless otherwise permitted by City and/or Landscape Architect. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Stake locations of fence lines, gates, and terminal posts. Do not exceed intervals of 500 feet or line of sight between stakes. Indicate locations of utilities, lawn sprinkler system, underground structures,benchmarks,and property monuments. 3.3 CHAIN-LINK FENCE INSTALLATION A. Install chain-link fencing according to ASTM F567 and more stringent requirements specified. 1. Install fencing on established boundary lines inside property line. CHAIN LINK FENCES AND GATES 323113 - 6 B. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in firm,undisturbed soil. C. Post Setting: Set posts in concrete at indicated spacing into firm,undisturbed soil. 1. Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. 2. Concrete Fill: Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation.Protect aboveground portion of posts from concrete splatter. a. Exposed Concrete: Extend 2 inches above grade;shape and smooth to shed water. b. Concealed Concrete: Place top of concrete 2 inches below grade as indicated on Drawings to allow covering with surface material. c. Posts Set into Holes in Concrete: Form or core drill holes not less than 5 inches deep and 3/4 inch larger than OD of post. Clean holes of loose material, insert posts, and fill annular space between post and concrete with nonshrink, nonmetallic grout or anchoring cement, mixed and placed according to anchoring material manufacturer's written instructions. Finish anchorage joint to slope away from post to drain water. D. Terminal Posts: Install terminal end, corner, and gate posts according to ASTM F567 and terminal pull posts at changes in horizontal or vertical alignment of 15 degrees or more. For runs exceeding 500 feet,space pull posts an equal distance between corner or end posts. E. Line Posts: Space line posts uniformly at 96 inches o.c. F. Post Bracing and Intermediate Rails: Install according to ASTM F567, maintaining plumb position and alignment of fence posts. Diagonally brace terminal posts to adjacent line posts with truss rods and turnbuckles. Install braces at end and gate posts and at both sides of corner and pull posts. G. Top Rail: Install according to ASTM F567, maintaining plumb position and alignment of fence posts. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts. Provide expansion couplings as recommended in writing by fencing manufacturer. H. Intermediate and Bottom Rails: Secure to posts with fittings. I. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 2-inch bottom clearance between finish grade or surface and bottom selvage unless otherwise indicated. Pull fabric taut and tie to posts, rails, and tension wires. Anchor to framework so fabric remains under tension after pulling force is released. J. Tension or Stretcher Bars:Thread through fabric and secure to end,corner, pull, and gate posts, with tension bands spaced not more than 15 inches o.c. K. Tie Wires: Use wire of proper length to firmly secure fabric to line posts and rails. Attach wire at one end to chain-link fabric, wrap wire around post a minimum of 180 degrees, and attach other end to chain-link fabric according to ASTM F626. Bend ends of wire to minimize hazard to individuals and clothing. CHAIN LINK FENCES AND GATES 323113 - 7 1. Maximum Spacing: Tie fabric to line posts at 12 inches o.c. and to braces at 24 inches o.c. L. Fasteners: Install nuts for tension bands and carriage bolts on the side of fence opposite the fabric side.Peen ends of bolts or score threads to prevent removal of nuts. 3.4 GATE INSTALLATION A. Install gates according to manufacturer's written instructions, level, plumb, and secure for full opening without interference. Attach fabric as for fencing. Attach hardware using tamper- resistant or concealed means. Install ground-set items in concrete for anchorage. Adjust hardware for smooth operation. • 3.5 FIELD QUALITY CONTROL A. Testing Agency: Engagea qualified testing agency to perform tests. 3.6 ADJUSTING A. Gates: Adjust gates to operate smoothly, easily, and quietly, free of binding, warp, excessive deflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range. Confirm that latches and locks engage accurately and securely without forcing or binding. B. Lubricate hardware and other moving parts. 3.7 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust,operate,and maintain chain-link fences and gates. END OF SECTION 323113 CHAIN LINK FENCES AND GATES 323113 - 8 STORM WATER POLLUTION PREVENTION PLAN For CITY OF RIVERSIDE, MISSOURI CONSTRUCTION ACTIVITIES At Variety KC Inclusive Park - Phase 1 Prepared by: City of Riverside 2950 NW Vivion Road Riverside, MO 64150 Noel Bennion Capital Projects & Parks Manager April 2025 TABLE OF CONTENTS SECTION 1 Land Disturbance Permit Submitted to Missouri Department of Natural Resources Owner's Certification and Delegation Contractor's Certification and Delegation Sub-Contractor Certifications SECTION 2 Storm Water Pollution Prevention Plan (SWPPP) SECTION 3 Temporary Erosion and Sedimentation Control Plan Sheets(TESCPS) SECTION 4 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form SECTION 5 Final Stabilization Certification Checklist and Contractor's Certification SECTION 6 Attachments Record Keeping Documentation of the SWPPP SECTION 1 Land Disturbance Permit Owner's Certification and Delegation Contractor's Certification and Delegation Sub-Contractor Certifications Professional Engineer's Certification Insert LAND DISTURBANCE PERMIT from MDNR. STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park— Phase 1 City of Riverside 2950 NW Vivion Rd OWNER'S CERTIFICATION and DELEGATION I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is,to the best of my knowledge and belief, true, accurate, and complete. Project Owner: City of Riverside Authorized Representative: Noel_Bennion Title: Capital Projects&Parks Manager Address: 2950 NW Vivion Road, Riverside, MO 64150 Signature, Date: As Project Owner, I have delegated the following individual to monitor Storm Water Prevention Plan (SWPPP)compliance: Owner Representative: Title: Signature, Date: Phone: STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park— Phase 1 City of Riverside 2950 NW Vivion Rd CONTRACTOR'S CERTIFICATION and DELEGATION I certify under penalty of law, that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this Certification. I understand that I am legally required under the Clean Water Act, to ensure compliance with the terms and conditions of NPDES storm water CGP and this Storm Water Pollution Prevention Plan(SWPPP). I understand that I am fully responsible for all subcontractors who perform work activities on the construction site,to comply with all provisions and requirements of the NPDES storm water CGP and this SWPPP. Contractor: Authorized Representative: Title: Address: Signature,Date: As Contractor, I have delegated SWPPP compliance and inspection responsibilities to the following individual for the duration of construction activities for which this company is under contract with this project. Contractor SWPPP Representative: Title: Signature,Date: Phone: STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park— Phase 1 City of Riverside 2950 NW Vivion Rd SUB-CONTRACTOR CERTIFICATION I certify under penalty of law, that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this Certification. I understand that I am legally required under the Clean Water Act, to ensure compliance with the terms and conditions of NPDES storm water CGP and this Storm Water Pollution Prevention Plan(SWPPP). Contractor: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: SECTION 2 Storm Water Pollution Prevention Plan (SWPPP) STORM WATER POLLUTION PREVENTION PLAN PROJECT AND SITE DESCRIPTION: PROJECT NAME AND LOCATION Variety KC Inclusive Park-Phase 1 The Park is located east of Horizons Pkwy and south of Teal Rising Way Total Site Area: 7 Acres Estimated Disturbed Area: 2 Acres OWNER'S NAME AND ADDRESS City of Riverside 2950 NW Vivion Road,Riverside,MO 64150 DESCRIPTION This project will consist of construction to improve Variety KC Inclusive Park- Phase 1.Soil disturbing activities will primarily include: 1. Construction of an inclusive playground 2. Development of a picnic area 3. Installation of a perimeter walk around the playground. 4. Fencing. 5. Site grading. The estimated completion date of the construction project is Summer of 2026. SOILS,AND RAINFALL INFORMATION The site consists of soils that are classified by the USDA Soil Conservation Service as approximately 80% composed of Waldron silty clay loam and 20% Leta silty clay.The soils are described to have high to very high runoff potential,respectively. See NRCS Soil Map for spatial distribution of soils in the site. The site is in Platte County, which typically receives 38 to 42 inches of rainfall annually with the highest amounts of rainfall received in the months of May through July. NAME OF RECEIVING WATERS Runoff from the project site is currently sheet flowed into the pond south and west of the site. This pond has an outflow to the Missouri River,which ultimately flows into the Gulf of Mexico through the Mississippi River. STORM WATER POLLUTION PREVENTION PLAN CONTROLS: EROSION AND SEDIMENT CONTROLS 1. Stabilization Practices Stabilization practices for this site include: A. Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed. B. Frequent watering of disturbed areas to minimize dust during construction. C. Installation of interim Best Management Practices(BMPs)to reduce overland flow lengths. D. Permanent seeding will be placed on disturbed areas when earthwork is completed. 2. Structural Practices Structural practices for this site include but are not limited to the following range of BMPs: A. Inlet protection using silt fences and gravel filter bags. B. Perimeter protection using silt fences. C. Intermediate swale protection using silt fences and ditch checks. 3. Sequence of Major Activities The Contractor will be responsible for implementing the following erosion control and storm water management control structures. All structural practices shall be maintained through the course of the construction and shall be sequenced according to activities in the field. The Contractor may designate these tasks to certain subcontractors as he sees fit, but the ultimate responsibility for implementing these controls and ensuring their proper functioning remains with the Contractor. Refer to TESCPS contained in this SWPPP for details. The order of activities will be as follows and shall be documented on the Record of Stabilization and Construction Activities Form: A. Install perimeter silt fences and other BMPs. B. Perform grading and storm sewer installation. C. Frequent watering of the disturbed areas to minimize dust. D. Disturbed areas of the site where construction activity has ceased for more than 14 days shall be stabilized. E. Install BMPs at the locations of all area inlets and curb inlets. F. Carry out final grading,paving and seeding. G. Remove BMPs only after all paving is complete and exposed surfaces are stabilized. STORM WATER POLLUTION PREVENTION PLAN OTHER CONTROLS: Management of materials and practices, outside of soil disturbing activities, shall be the responsibility of the Contractor.Such activities shall include,but not be limited to,the items shown below. 1. Waste Disposal All waste materials will be collected and stored in securely lidded metal dumpsters rented from local waste haulers. The dumpster will meet all local and state solid waste management regulations. All waste and construction debris from the site will be deposited in the dumpsters. The dumpster will be emptied on a periodical basis.No construction waste materials will be buried onsite. 2. Sanitary Waste All sanitary waste will be collected from the portable units on a frequent, periodical basis by a licensed sanitary waste management contractor. 3. Concrete Waste From Concrete Trucks Excess concrete and concrete wash water shall be returned to the concrete plant or deposited at a designated containment area on site,constructed in a manner to prevent run- off from entering the street, storm water drainage systems or waterways. Wash water may not be deposited in streets, curbs, gutters, storm drains, or waterways. 4. Hazardous Substances and Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or state regulation or by the manufacturer. The contractor's site personnel will be instructed in these practices and the contractor's Site Manager will be responsible for seeing that these practices are followed. STORM WATER POLLUTION PREVENTION PLAN MAINTENANCE/INSPECTION PROCEDURES: Erosion and Sediment Control and Stabilization Measures Maintenance and Inspection Practices A. The following inspection and maintenance practices will be used to maintain erosion and sediment controls and stabilization measures to be performed by the Contractor. 1. All control measures will be inspected at least every 14 days and within 24 hours following a 0.5 inch or greater rainfall event. 2. All measures will be maintained in good working order; if repairs are found to be necessary,they will be initiated within 24 hours of report. 3. Built-up sediment will be removed from silt fence when it has reached one-third the height of the fence. 4. Silt fences will be inspected for depth of sediment, tears, etc., to see if the fabric is securely attached to the fence posts, and to see that the fence posts are securely in the ground. 5. The sediment basin, if present,will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 10 percent of the design capacity. 6. Temporary and permanent seeding and all other stabilization measures will be inspected for bare spots, washouts, and healthy growth. 7. A maintenance inspection report will be made after each inspection. Copies of the Inspection Report Forms to be completed by the inspector are included in this SWPPP under SECTION 4. 8. The Contractor will be responsible for selecting and training the individuals who will be responsible for these inspections, maintenance, and repair activities, and filling out inspection and maintenance reports. 9. Personnel selected for the inspection and maintenance responsibilities will receive training from the Contractor.Documentation of this personnel training will be kept in the Contractor's SWPPP Folder. 10. Disturbed areas and materials storage areas will be inspected for evidence of or potential for pollutants entering storm water systems. 11. Report to U.S. Environmental Protection Agency within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Inspection and Maintenance Report Forms These Inspection Report Forms shall be readily accessible to governmental inspection officials and the Owner for review upon request. Copies of the reports shall be provided to any of these persons, upon request, via mail or facsimile transmission. Inspection and maintenance report forms are to be maintained by the permittee for five years following the final stabilization of the site. Other Record-Keeping Requirements The Contractor shall provide copies of the completed forms and any reports filed with regulatory agencies if reportable quantities of hazardous materials are spilled. STORM WATER POLLUTION PREVENTION PLAN SUMMARY OF EROSION AND SEDIMENT CONTROL AND STABILIZATION MEASURES MAINTENANCE/INSPECTION PROCEDURES ❑ All control measures will be inspected at least every 14 days and within 24 hours following a rainfall event of 0.5 inches or greater. ❑ All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report. ❑ Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. ❑ Silt fences will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. ❑ Sediment basins, if present, will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 10%of the design capacity or at the end of the job. ❑ Diversion dikes, if present,will be inspected and any breaches promptly repaired. I Temporary and permanent seeding and planting and other stabilization measures will be inspected for bare spots, washouts, and healthy growth. ❑ A maintenance inspection report will be made after each inspection. A copy of the Inspection Report Forms to be used is included in this SWPPP under SECTION 4. ❑ The Contractor will select the individuals who will be responsible for inspections, maintenance, and repair activities, and filling out the inspection and maintenance reports. ❑ Personnel selected for inspection and maintenance responsibilities will receive training from the Contractor. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. ❑ Disturbed areas and materials storage areas will be inspected for evidence of or potential for pollutants entering storm water systems. ❑ Report to U.S. Environmental Protection Agency within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Follow up with a written report within 5 days of the noncompliance event. STORM WATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION CHECKLIST 1. Maintain Records of Construction Activities, including: n Dates when major grading activities occur. n Dates when construction activities temporarily cease on a portion of the site. n Dates when construction activities permanently cease on a portion of the site. Dates when stabilization measures are initiated on the site. Dates of rainfall and the amount of rainfall. I I Dates and descriptions of the character and amount of any spills of hazardous materials. n Records of reports filed with regulatory agencies if reportable quantities of hazardous materials spilled. 2. Prepare Inspection Reports summarizing: ❑ Name of inspector. n Qualifications of inspector. Measures/areas inspected. Observed conditions. n Changes necessary to the SWPPP. 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials(if they occur): n Notify National Response Center(1-800-424-8802) immediately. Notify the Missouri Department of Natural Resources. Notify permitting authority in writing within 14 days. Modify the pollution prevention plan to include: -the date of release. -circumstances leading to the release. - steps taken to prevent reoccurrence of the release. 4. Modify Pollution Prevention Plan as necessary to: ❑ Comply with the minimum permit requirements when notified by U.S. Environmental Protection Agency or Missouri Department of Natural Resources that the plan does not comply. ❑ Address a change in design, construction operation, or maintenance, which has an effect on the potential for discharge of pollutants. ❑ Prevent reoccurrence of reportable quantity releases of a hazardous material or oil. STORM WATER POLLUTION PREVENTION PLAN SPILL PREVENTION CONTROL AND COUNTERMEASURES PLAN(SPCC): MATERIALS COVERED The following materials or substances with known hazardous properties are expected to be present onsite during construction: Concrete Cleaning solvents Petroleum based products Concrete additives Fertilizers Adhesives MATERIAL MANAGEMENT PRACTICES The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. 1. Good Housekeeping The following good housekeeping practices will be followed onsite during the construction project. A. An effort will be made to store only enough products required to do the job. B. All materials stored onsite will be stored in a neat, orderly manner, and if possible, under a roof or other enclosure. C. Products will be kept in their original containers with the original manufacturer's label in legible condition. D. Substances will not be mixed with one another unless recommended by the manufacturer. E. Appropriately dispose of empty product containers. F. Manufacturer's recommendations for proper use and disposal will be followed. G. The Contractor will be responsible for daily inspections to ensure proper use and disposal of materials. H. If surplus product must be disposed of, manufacturers or local/state/federal recommended methods for proper disposal will be followed. I. If manufacturer recommends rinsing container before disposal, rinse water used in container will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with storm water discharges. STORM WATER POLLUTION PREVENTION PLAN 2. Spill Prevention Practices In addition to good housekeeping,the following practices will be followed for spill prevention and cleanup. A. Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be trained regarding these procedures and the location of the information and cleanup supplies. B. Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite in spill control and containment kit(containing,for example,absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.). C. All spills will be cleaned up immediately after discovery. D. The spill area will be kept well ventilated, and personnel will wear appropriate protective clothing to prevent injury from contact with the hazardous substances. CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES: Certain types of discharges are allowable under the U.S. Environmental Protection Agency General Permit for Construction Activity, and it is the intent of this SWPPP to allow such discharges. These types of discharges will be allowed under the conditions that no pollutants will be allowed to come in contact with the water prior to or after its discharge. The control measures, which have been outlined previously in this SWPPP, will be strictly followed to ensure that no contamination of these non-storm water discharges takes place. The following allowable non- storm water discharges that may occur from the job site include: A. Discharges from firefighting activities. B. Fire hydrant flushing. C. Waters used to wash vehicles or control dust to minimize offsite sediment tracking. D. Potable water sources such as waterline flushing, irrigation drainage from watering vegetation, routine exterior building wash down (without detergents present). E. Pavement wash waters where spills or leaks of hazardous materials have not occurred, or detergents have not been used. F. Springs and other uncontaminated groundwater, including dewatering ground water infiltration. G. Foundation or footing drains where no contamination with process materials such as solvents is present SECTION 3 Temporary Erosion and Sedimentation Control Plan Sheets (TESCPS) NRCS Soil Map Insert project construction document—erosion control page. SECTION 4 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park— Phase 1 City of Riverside 2950 NW Vivion Road INSPECTION REPORT FORM Inspection Date: Inspector: Does Inspector have Required Training? Y N Date&Amount of Last Rainfall: Condition of; Construction Entrances: Acceptable Not Acceptable N/A Drop Inlet Protection: Acceptable Not Acceptable N/A Curb Inlet Protection: Acceptable Not Acceptable N/A Culvert Inlet Protection: Acceptable Not Acceptable N/A Outlet Stabilization: Acceptable Not Acceptable N/A Diversions&Slope Drains: Acceptable Not Acceptable N/A Stream Crossings: Acceptable Not Acceptable N/A Slope Breaks: Acceptable Not Acceptable N/A Sediment Basins: Acceptable Not Acceptable N/A Sediment Traps: Acceptable Not Acceptable N/A Check Dams: Acceptable Not Acceptable N/A Erosion Control Blankets: Acceptable Not Acceptable N/A Temporary Seeding: Acceptable Not Acceptable N/A Permanent Seeding: Acceptable Not Acceptable N/A Surface Roughening: Acceptable Not Acceptable N/A Dust Control: Acceptable Not Acceptable N/A Maintenance Required for Deficiencies Identified: To Be Completed By: Within 7 Calendar Days,On or Before: ,202_ These reports shall be kept on file as part of the Storm Water Pollution Prevention Plan for at least three years from the date of completion and submission of the Final Stabilization Certification/Termination Checklist and Request for Termination of a General Permit.A copy of the SWPPP shall be always available during construction,on the construction site,or pre-approved off-site location. STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park — Phase 1 City of Riverside 2950 NW Vivion Road RECORD OF STABILIZATION AND MAJOR ACTIVITIES FORM A record of dates when major grading activities occur,when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained until final site stabilization is achieved and the Request for Termination of a General Permit is filed. MAJOR GRADING.CONSTRUCTION.OR STABILIZATION ACTIVITIES Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: STORM WATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park— Phase 1 City of Riverside 2950 NW Vivion Road SWPPP MODIFICATION REPORT FORM Date Submitted: Submit To: City of Riverside Address: 2950 NW Vivion Road Riverside, MO 64150 ❑ ❑ Courier ❑ US Mail Authorized Author: Title: Company: Project Role: Signature: Date: Modifications Required to the STORMWATER POLLUTION PREVENTION PLAN: Reasons for Modifications: STORMWATER POLLUTION PREVENTION PLAN City of Riverside 2950 NW Vivion Road PROJECT RAINFALL LOG FORM Riverside,MO 64150 YEAR:202 Day Jan Feb Mar Apr May .tune July Aug Sept Oct Nov Dec 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Initials STORMWATER POLLUTION PREVENTION PLAN Variety KC Inclusive Park - Phase 1 City of Riverside 2950 NW Vivion Road Riverside,MO 64150 FINAL STABILIZATION CERTIFICATION CHECKLIST AND CONTRACTOR'S CERTIFICATION ❑ All soil disturbing activities are complete. ❑ Temporary Erosion and Sediment Control Measures have been removed or will be removed at the appropriate time. ❑ All areas of the Construction Site not otherwise covered by a permanent pavement or structure have been stabilized with a uniform perennial vegetative cover with a density of 75% or equivalent measures have been employed. CONTRACTOR'S CERTIFICATION: "I certify under penalty of law that all storm water discharges associated with industrial activity from the identified project that are authorized by NPDES General Permit have been eliminated and that all disturbed areas and soils at the construction site have achieved Final Stabilization and all temporary erosion and sediment control measures have been removed or will be removed at the appropriate time." Printed Name: Signature: Date: Title: Company Name: SECTION 6 Attachments Attach here all required record keeping documentation of the SWPPP ��..miN ® DATE(MM/DD/YYYY) A�!zO CERTIFICATE OF LIABILITY INSURANCE 06/09/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on w this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c to PRODUCER NAMECONTACT V Aon Risk services Central, Inc. PHONE ���No): (800) 363-0105 v St. Louis MO Office (Arc.No.E%t): (866) 283-7122 0 4220 Duncan Avenue E-MAILDss: _ Suite 401 St Louis MO 63110 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: James River Insurance Company 12203 • Playpower Holdings, Inc. INSURER B: Pennsylvania Manufacturers' Assoc Ins Co 12262 11015 Vanstory Drive#100 INSURER C: Manufacturers Alliance Ins Co 36897 HUNTERSVILLE NC 28078 USA INSURERD: Columbia Casualty Company 31127 INSURER E: Allied World Assurance Company (US) Inc 19489 INSURER F: • COVERAGES CERTIFICATE NUMBER: 570113096803 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY E% LTR TYPE OF INSURANCE INSD NND POLICY NUMBER 1 MIDDIYYYY) (MMIDDm LIMITS A X COMMERCIAL GENERAL LIABILITY 000959655 10/01/2024 10/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR SIR applies per policy terms & condi tions DAMAGE TO RENTED $300,000 PREMISES(Ea occurrence) MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 r7 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 17. I POLICY LI JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 2 OTHER: SIR $500,000 5 so C AUTOMOBILE LIABILITY 152400 0652321B 10/01/2024 10/01/2025 COMBINED SINGLE UMIT $1,000,000 (Ea accident) CA B X ANY AUTO 152400 0652321A 10/01/2024 10/01/2025 BODILY INJURY(Per person) c SCHEDULED AOS BODILY INJURY(Per accident) Z OWNED AUTOS re-. , AUTOS ONLY a HIRED AUTOS NON-OWNED PROPERTY DAMAGE t0 ONLY _AUTOS ONLY (Per accident) 0 X $1,000 Ded.Collision X 51.000 Ded.Comp d E X UMBRELLA!JAB X OCCUR 03140086 10/01/2024 10/01/2025 EACH OCCURRENCE S5,000,000 O EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION $10,000 B WORKERS COMPENSATION AND 2024750652321 10/01/2024 10/01/2025 X PER STATUTE I IOTTH- EMPLOYERS'LABILITY YINER ANY PROPRIETORI PARTNER/EXECUTIVE r E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? LN NIA (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE S1,000,000 Des,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S1,000,000 ME DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) -,,,—' mm RE: Playpower LT-Farmington, Inc., formerly know as Little Tikes Commercial Play Systems, Variety KC Inclusive Park - Phase 1. - -., City.of Riverside and variety KC inclusive Park - Phase 1 are included as Additional Insured in accordance with the policy A-: provisions of the General Liability and Automobile Liability policies. A Waiver of subrogation is granted in favor of City forte all work performed by the Contractor, its employees, agents and subcontractors in accordance with the policy provisions of the ,- General Liability, Automobile Liability and Employer's Liability policies. ....... CERTIFICATE HOLDER CANCELLATION 1,73 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ,-. DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. e� City of Riverside AUTHORIZED REPRESENTATIVE � 2950 NW Vivion Road Riverside MO 64150 USA ��/� p�Q Q Q die eXl'�a � tE�r cJsGerD ��a�nL eJ�aa =' EM ©1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • AGENCY CUSTOMER ID: 570000052633 LOC#: ACC:712 C,® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services central, Inc. Playpower Holdings, Inc. POLICY NUMBER See Certificate Number: 570113096803 CARRIER NAIC CODE See Certificate Number: 570113096803 EFFECTIVE DATE: .ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSR • ADDL SUER POLICY NUMBER POLICY POLICY LIMITS LTR TYPE OF INSURANCE INSD SVD EFFECTIVE EXPIRATION DATE DATE (MM/DD/YYYY) (MM/DD/YYYY) EXCESS LIABILITY D 7040440664 10/01/2024 10/01/2025 Aggregate. S5,000,000 01 Excess Liab$5M xs $5M Each $5,000,000 occurrence ACORD 101(2008101) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000052633 LOC#: `44C-tS,/2 0® ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY • NAMED INSURED Aon Risk Services Central, Inc. Playpower Holdings, Inc. POLICY NUMBER See Certificate Number: 570113096803 CARRIER NAIC CODE See Certificate Number: 570113096803 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Named Insured schedule P1ayPower Inc. (First named insured) Additional Named Insureds Play Holdings Inc. P1aypower, Inc. PlayPower Holdings, Inc. PlayPower Finance, Inc. Miracle Recreation Equipment Company, Inc. E-Z Dock, Inc. Kid Play, Inc. Soft Play, L.L.C. PlayPower LT Farmington, Inc. Play Design International SARL Playworld Systems, Inc. Playworld Preferred, Inc. Playtime LLC No Fault LLC • • ACORD 101(2008/01) ©2008 ACORD CORPORATION.AU rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or written agreement All operations of the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or C Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or written All operations of the Named Insured agreement • Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of , However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: 00095965-5 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Where required by written contract or written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of We waive any right of recovery we may have against Rights Of Recovery Against Others To Us of the person or organization shown in the Schedule Section IV—Conditions: above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 POLICY NUMBER: 152400 0652321A COMMERCIALAUTO PCA 05 04 0414 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF RECOVERY RIGHTS This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM We waive any right of recovery that we may have agreement with that person or organization, if such against the person or organization shown in the contract or agreement is made and dated prior to the SCHEDULE because of payments we make for injury or loss, and if such written contract or injury or damage arising out of the operation of an agreement requires a waiver of recovery rights. This insured "auto", but such waiver is only effective if the waiver applies only to the person or organization Named Insured has entered into a written contract or shown in the SCHEDULE below. SCHEDULE Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT . PCA 05 04 0414 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission The PMA Insurance Group, 2014 INSURED COPY POLICY NUMBER: 202475 0652321 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE AS REQUIRED BY WRITTEN CONTRACT EXECUTED PRIOR TO THE DATE OF LOSS . 1983 National Council on Compensation Insurance. INSURED COPY