HomeMy WebLinkAboutR-2026-128 Approving Public Works Contract with Cerris Builders for Phase 2 of Inclusive Park ProjectRESOLUTION NO. R-2026-128
A RESOLUTION APPROVING A PUBLIC WORKS CONTRACT WITH CERRIS
BUILDERS, IN ACCORDANCE WITH CITY CODE SECTION 135.070(8), FOR PHASE
2 OF THE INCLUSIVE PARK PROJECT
WHEREAS, the City and VarietyKC entered into an Amended and Restated Park
Development and Naming Rights Agreement on May 6, 2025 (the "Agreement"), which
contemplated the development of an inclusive park in two or more phases; and
WHEREAS, the City has approved the Phase 2 proposed park design plans; and
WHEREAS, the City has identified Cerris Builders as the preferred contractor for
Phase 2 of the park improvements due to its specialized qualifications and experience
with similar inclusive park projects; and
WHEREAS, Section 135.070(8) 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 Cerris Builders 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 pursuant to City Code Section 135.070(8), the Board of Aldermen hereby
finds and declares that it is in the best interest of the City to contract with Cerris Builders
for Phase 2 of the park improvements without formal competitive bidding. The Board
hereby approves the City entering into a Public Works Contract with Cerris Builders in
substantially the form attached hereto, and authorizes the Mayor to execute the contract
and related documents on behalf of the City; and
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.
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RESOLUTION NO. R-2026-128
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri, the 6th day of October 2026.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk
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AGREEMENT BETWEEN
CITY OF RIVERSIDE, MISSOURI AND
Contractor: Cerris Builders
FOR COMPLETION OF
VARIETY KC INCLUSIVE PARK - PHASE 2
Project No. 228-025
RESOLUTION NO.: 2026-128
CONTRACT PRICE: $1,407,606.00
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
VARIETY KC INCLUSIVE PARK - PHASE 2
Project No: 228-025
THIS AGREEMENT, made and entered into as of the 12th day of October,
2026, by and between the City of Riverside, Missouri (“City”), and Cerris Builders(“Contractor”),
shall govern all Work to be provided by Contractor for City on the Project.
WHEREAS, City, under the provisions of Resolution No. 2026-128 duly approved on the 6th
day of October, 2026 and by virtue of the authority vested in City by the general ordinances of City,
intends to enter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of
City, and the City Administrator (“Administrator”) is authorized to perform Administrator’s functions
set forth in this Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to
assist Administrator in performing Administrator’s functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to
provide all the Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and 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 One million four hundred seven thousand six hundred and six dollars
($1,407,606.00). 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 prices set forth
in the attached proposal completed by Contractor. The quantities of 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 Work performed will be made by City
and (2) final payment for all lump sum items set forth in Contractor’s proposal will be based on actual
quantities as determined by City. The Contractor is responsible for verifying the quantities before
excavation and/or installation at the project site. Contractor shall identify and notify the City of any
variance in quantities in excess of ten percent (10%) of the lump sum amounts 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 12/11/2026. 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
11. 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 substantial completion 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 as additional insureds.
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, except workers compensation/employers liability, 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 Depaittiient 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. 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.
The indemnification obligation applies notwithstanding that a person indemnified under this Article also
contributed to the injury or damage, but only to the extent caused by the acts or omissions of Contractor
or persons for whom Contractor is responsible.
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.
C. Notwithstanding any other provision of this Agreement, neither City nor Contractor shall
be liable to the other for any consequential, indirect, incidental, special, or punitive damages arising out
of or relating to this Agreement, including but not limited to loss of use, loss of revenue, loss of profit,
or cost of capital, regardless of whether such damages are based on contract, tort, strict liability, or any
other theory.
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
2950 NW Vivion Rd.
Riverside, MO 64150
nbennion,riversidemo. gov
Cerris Builders, Kolby Menard
13725 W 109th Street
Lenexa, KS 66215
kmenard@cerris.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 Depai linent 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]
Docusign Envelope ID: SFFCECC6-60BE-8EEA-83F5-E83342732473
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
authorized representatives.
APPROVED AS TO FORM:
ATTORNEY:
Signed by:
By: Pain. CoAiro
6A5EB70825348C...
Attorney, Paul Campo
COUNTERSIGNED BY:
CITY PURCHASING AGENT:
(—Signed by
By: Il Shre4
A4EB...
Amb-S
City Administrator
CITY OF RIVERSIDE:
By:
Lsigned by;
6RAILt,ln, best,
nalislAme, Mayor
CONTRACTOR:
Cerris Builders. Inc.
ATTEST:
Signed by:
1. t,liSSa it at,Stk.1./
Ptcreellesney, City Clerk
By:CDoanSigned by:
refiddi?tl;. .yew
6EBA78F7D1334i' ignature)
Printed Name: Todd Winnerman
Title: President
ATTEST:
Dxusigned by:
ctib
BE13D168478A4D7..
SECRETARY, Pam Fetter
(Name Printed)
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 2 (228-025), dated , 20 , designated Resolution No. 2026-
, in every particular, Cerris Builders, as Principal, and
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 One million four hundred seven
thousand six hundred and six dollars ($1,407,606.00) 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 day of , 20
CONTRACTOR AS PRINCIPAL
By:
(Signature)
Printed Name:
Title:
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.
SURETY
By:
(Signature)
Printed Name:
Title:
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
EXHIBIT B
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS: that Cerris Builders corporation, hereinafter
called Principal, and , 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 One million four hundred seven thousand six
hundred and six dollars ($1,407,606.00) 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 day of , 20, for the
Variety KC Inclusive Park - PHASE 2 (228-025) approved by Resolution No. 2026- ,
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 day of , 20
CONTRACTOR AS PRINCIPAL
By:
(Signature)
Printed Name:
Title:
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.
SURETY
By:
(Signature)
Printed Name:
Title:
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
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
MIKE KEHOE, Governor
Annual Wage Order No. 33
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
Logan Hobbs, Director
Division of Labor Standards
Filed With Secretary of State:
Last Date Objections May Be Filed: April 9, 2026
March 10. 2026
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates For Section 083
PLATTE COUNTY
OCCUPATIONAL TITLE
**Prevailing Hourly Rate
Asbestos Worker
$72.71
Boilermaker
$34.54*
Bricklayer - Stone Mason
$66.24
Carpenter
$67.86
Lather
Linoleum Layers & Cutter
Millwright
Pile Driver
Cement Mason
$59.77
Plasterer
Communication Technician
$71.54
Electrician (Inside Wireman)
$78.72
Electrician (Outside Lineman)
$71.09
Outside - Groundman
Outside - Groundman Tree
Trimmer
Outside - Lineman Operator
Outside - Lineman Tree Trimmer
Elevator Constructor
$34.54*
Glazier
$34.54*
Iron Worker
$73.25
Laborer
$54.55
Laborer - First Semi -Skilled
Laborer - General
Laborer - Second Semi -Skilled
Laborer - Skilled
Mason
$57.87
Marble Finisher
Marble Mason
Terrazzo Finisher
Terrazzo Worker
Tile Finisher
Tile Setter
Operating Engineer
$68.42
Operating Engineer - Group I
Operating Engineer - Group II
Operating Engineer - Group III
Operating Engineer - Group III - A
Operating Engineer - Group IV
Operating Engineer - Group V
Painter
$54.44
Plumber
$84.67
Pipe Fitter
Roofer/WaterProofer
$62.63
Sheet Metal Worker
$81.43
Sprinkler Fitter - Fire Protection
$72.86
Truck Driver
$34.54*
Truck Control Service Driver
Truck Driver, Teamsters Group I
Truck Driver, Teamsters Group II
Truck Driver, Teamsters Group III
Truck Driver, Teamsters 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. 33 03/26
Heavy Construction Rates For Section 083
PLATTE COUNTY
OCCUPATIONAL TITLE
**Prevailing Hourly
Rate
Carpenter
$67.97
Millwright
Pile Driver
Electrician (Outside
Lineman)
$34.54*
Outside - Groundman
Outside - Groundman
Tree Trimmer
Outside - Lineman
Operator
Outside - Lineman Tree
Trimmer
Laborer
$53.72
Laborer - General
Laborer - Skilled
Operating Engineer
$63.01
Oiler -Driver
Operating Engineer -
Group I
Operating Engineer -
Group II
Operating Engineer -
Group III
Operating Engineer -
Group IV
Truck Driver
$53.60
Truck Control Service
Driver
Truck Driver,
Teamsters Group I
Truck Driver,
Teamsters Group II
Truck Driver,
Teamsters Group III
Truck Driver,
Teamsters Group IV
Use Heavy Construction Rates on Highway and Heavy construction in accordance iwth 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 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. 33 03/26
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. 33 3/26
EXHIBIT E
Time for Completion
Variety KC Inclusive Park- PHASE 2 (Project No. 228-025)
Substantial Completion for park opening, not including the Water Play Bid Alternate, is 12/11/26,
subject to extensions of time for adverse weather and any other adjustments to the time for
performance allowed under the Contract Documents. The portion of the Work designated for this
Substantial Completion milestone is limited to the road, parking lot, sidewalks, restroom installation,
and utility connections for restroom, landscape irrigation and seeding / site restoration; all other Work
is governed by Exhibit F and the Final Completion date below. Active construction will exist in the
area of the Water Play area by the end of the workday on 12/11/26, this area will be secured from the
rest of the area with construction fence until construction in this area is complete.
Grand Opening of the park will be coordinated with Variety KC. The parties will review current
conditions during the last week of October to determine an agreeable date for this to occur.
Final Completion will be 3/15/27, subject to extensions of time for adverse weather and any other
adjustments to the time for performance allowed under the Contract Documents. Includes elements of
the Water Play area, if the Water Play Bid Alternate is accepted by the City, and parking lot lights.
EXHIBIT F
SCOPE OF WORK for
Variety KC Inclusive Park - PHASE 2 (Project No. 228-025)
Contractor shall perform the following Work as more fully set forth in the Contractor provided Shop
Drawings and Specifications:
• Road & Parking Lot
• Erosion Control
• Grading / Earthwork
• Site Pavements
• Installation of playground equipment
• Utilities
• Stormwater Infrastructure
• Provision of as -built drawings
• 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_licenses.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
Variety KC Inclusive Park - PHASE 2 (Project No. 228-025)
Project Plans / Contractor Proposal
Contractor Cost Proposal attached.
Project Plans dated 9.10.2026 and sealed by Chad Kennedy PLA-2023034538,
Brendan Dean Miller PE-2015022313, and Daniel L Honomichl PE-2015003996
are incorporated into the Contract Documents by reference.
Restroom Plans dated 8.19.2026and sealed by Jason Gibson PE-2013006491
are incorporated into the Contract Documents by reference.
VARIETY KC RIVERSIDE INCLUSIVE PLAYGROUND PHASE 2
ITEM DESCRIPTION
A. Site Mobilization / General Conditions
1 Erosion Control
2 Construction Fencing
3 Dumpsters
4 Layout Staking & Material Testing
5 Builders Risk Insurance
6 General Liability Insurance
7 Performance and Payment Bond (2 years)
8 General Conditions, General Requirements & Fee
CONTRACTOR PROPOSAL
Riverside, MO
09/21/26
AMOUNT
Site Mobilization / General Conditions Total $330,686
B. Site Preparation
1 Demo and Removal
2 Tree Removal
3 Site Clearing / Grubbing
4 Site Grading (Rough)
5 Hydro Seeding
6 Site Grading (Fine)
Site Preparation Total $142,918
C. Off -Site Roadway Construction
1 Traffic Rated AC Pavement w/Striping
(2" over 6" APWA Type 5-01 over 6" 5% Stabilized Sub.)
2 Roadway Curbs
3 City Standard Concrete Sidewalks
4 Truncated Domes
5 No Parking Signs
6 4-6" Angular Stone (Rock Slope Protection)
Off -Site Roadway ConstructionTotal $137,295
D. On -Site Parking Lot Construction
1 Traffic Rated AC Pavement With Striping / ADA Striping At Parking Lot
2 6" Raised Vehicular Concrete Curbs w/Reinforcement
3 6" Rolled Vehicular Concrete Curb w/Reinforcement
4 6" Wide Flush Vehicular Concrete Curb w/Reinforcement
5 Vehicular 6" Concrete Driveways w/Base Rock & Rebar
6 Pedestrian 4" Fiber Reinforced Concrete Flatwork w/Base Rock
7 Wheel Stops I Pavement Markings
8 25 Foot Tall Single Head Parking Lot Site Post Top LED Light
9 26 Foot Tall Double Head Parking Lot Site Post Top LED Light
10 Electrical Service Connection (Parking Lot Lighting & Restroom Building)
11 Accessible Parking Signage
12 Cobble Mulch
13 Metal Edging
On -Site Parking Lot ConstructionTotal $394,835
G. Site Utilities
1 6" Sewer Line And Stub
2 Sewer Cleanout
3 Sewer Connection
4 2" Drinking Fountain & Restroom Water Lines
5 1-1/2" Potable Water Lines
5 Potable Water Connection and Submeter
6 2" Potable Backflow Preventer
7 1-1/2"Potable Backflow Preventer
8 8" Storm Drain Line
9 6" Round Storm Drain Inlet
10 12" Square Storm Drain Inlet
12 Potable Water Connection
13 Frost Proof Hydrants
Site UtilitiesTotal $145,290
H. Site Improvements For Restroom Building
1 Pedestrian 4" Fiber Reinforced Concrete Flatwork w/Base Rock Perimeter Walk
2 Concrete replacement
3 4 Ft Tall Black Vinyl Chain Link Trap Fence
Site Improvements For Restroom Building Total $21,977
I. Structures (Restroom Building)
1 Structure- 4 Stall ADA Restroom, Exterior Dinking Fountain & Mech. Room - City Already Purchased
2 Footings and Installation - 4 Stall ADA Restroom, Exterior Dinking Fountain & Mech. Room
Structures (Restroom Building) Total $20,000
BASE BID CONSTRUCTION TOTAL $1,193,001
E. Sensory Garden & Sand Play: Bid Alt B - (ADDS 15 WORKING DAYS TO SCHEDULE)
1 Pedestrian 4" Fiber Reinforced Concrete Flatwork w/Base Rock
2 Colored 4" Fiber Reinforced Concrete Flatwork w/Bases Rock
3 Thickened Concrete Edge
4 Stabilized Decomposed Granite
5 Synthetic Lawn w/Base Rock
6 Gravel seeded Pavement
7 Music Play Equipment (6 Pieces) - City Already Purchased
8 Reclaimed Wood Stump Pavement
10 Play Sand
11 6" Wide Flush Concrete Mow Band w/Reinforcement
12 Metal Edging
13 42" Tall Concrete Accessible Sand Play Table (Sand Spoons are 20-24 Week Lead Time)
14 Sand Play Equipment (3 Pieces)
F.
Water Play: Bid Alt A (ADDS 27 WORKING DAYS TO SCHEDULE)
1 Pedestrian 4" Fiber Reinforced Concrete Flatwork w/Base Rock
2 Colored 4" Fiber Reinforced Concrete Flatwork w/Bases Rock
3 Potable Water Connection to Water Play Elements
4 Gravel seeded pavement
5 Stepped Concrete Water Channel With Curbs
Sensory Garden & Sand PlayTotal $134,127
BID ALT A CONSTRUCTION TOTAL $134,127
6 Synthetic Lawn w/Base Rock
7 42" Tall Concrete Accessible Water Play Table
8 Small Colored Concrete Hexagon 2'-4"
9 Medium Colored Concrete Hexagon 3'-6"
10 Large Colored Concrete Hexagon 5'-0"
11 Water Play Equipment (6 Pieces) (Water Feature Equipment is 16-20 Week Lead Time)
12 Metal Edging
13 Cobble Mulch
Water PlayTotal $214,605
BID ALT B CONSTRUCTION TOTAL $214,605
Contractor shall include in its bid all labor, materials, equipment, tools, supervision, permits, fees,
delivery, unloading, handling, storage, assembly, installation, coordination, and all other items, costs,
and incidentals necessary or reasonably inferable to furnish and complete the installation of Variety KC
Park in Riverside Phase 2 in full accordance with the plans, specifications, and project requirements,
whether or not each item is specifically identified. Contractor is responsible for providing a complete
and fully functional installation.
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.
State of
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 Depai tiuent 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).
)
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 2 (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.
Subscribed and sworn to before me this
Signature of Affiant
Printed Name:
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
EXHIBIT H
CITY OF
RIVERS�E�
MISSOURI
Upstream from ordinary.
NOTICE TO PROCEED
DATE: October 7, 2026
PROJECT: Variety KC Inclusive Park — PHASE 2
PROJECT NO.: 228-025
RESO: 2026- (approved October 6, 2026)
TO: Contractor: Cerris Builders
Kolby Menard, Operations Manager
13725 W 109th Street
Lenexa, KS 66215
You are hereby notified to commence work on or after the 7th day of October 2026 in accordance with
the Agreement dated October 6th, 2026.
The date of substantial completion is 12/11/2026. The project shall be completed and ready for final
payment by 3/15/2027.
CITY OF RIVERSIDE (Owner)
BY:
Amy Strough, 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.2ov or by calling 816-451-8227)
MY OF
RIVERS
MISSOURI
City of Riverside
2950 NW Vivion Road
Riverside Missouri, 64150
A Original Contract Amount:
g Net change by Change Orders:
C rresent Convect Amount (tine 1 rG line 2)
D Value of Stored Materials to Date:
E Percent Ketainage:
Project No.
Project Name
$
$
$
CONTRACTORS Ceritlleatlon for payment
The undo ,lyread CONTRACTOR certie s that. (r) all preneus
progress payments received horn OWNER. on account of Work
done ender the Contract retened to above, have teen applied to
discharge In lull all obligablans of CONTRACTOR intoned or
connection with work covered by current and prior dpplkaltons
f0r Payments. (2) title to all Workmalenais and equipment
moo: 1aled rn said Work or 0t11erwtse lined el 0f C0aered by this
Application for Payment will pass to Gaoler al bole of payment
free and clear of all liensclaims security interest and
encumbrance (except such as are covered by Bond acceptable
In 115Na-11 lndermnllyng owNest agamsf any Such Ioe cam
sacrum interest or encrlrllbra100.) and (a) as Wok coarsen ty
inns Applrcahon for Payment a In accordance *In me Contract
Documents
Conctractor:
Name Pnned
Signed
DMA
Plume No.
Address;
PAY APPLICATION NO.
Engineer:
Name Printed:
Signed:
Date.
mfart ...
6
M
K
Date Prepared:
Value of Work to Date: $
Value of Completed to Date: $
Net Amount : $
Less Previous Payments: $
Amount Due this Application: $
Balance to Fvsn Project. Including Betel nape $
ENGINEERS CeroNcalon for Payment
In accordance *Mr the Contract Documents based on on-ane
0bservabons and l(le data compnsing mis application the
Enbeeer certifies to the Owner mat to the best of lie
Engineers knowledge reormation and doer me work nes
progressed M indicated Ine gnanty of the Work is
accordance on me Contract Documents and me
Contactor r; enblkd W 0aynlenl or the AMOUNT
last I Witt S
Page Number: 1 of
N of Pgs Attached:
Ifrom ...Iola of Values: rota) or enttcomoleted to Pahl
( =F + D)
(=G E)
(total of as prevlws par apes / pymts)
% Project Complete to Dale" NDIV/0I
ON -SITE PROJECT Manager.
Construction Manager:
Name Printed.
Eidried
Date'
CITY OF RIVER/ROE, ISO
City Engineer:
Travis Hoover signed Date
City Administrator:
linen Karol Sinned Date
EXHIBIT J
CHANGE ORDER
(Contact Capital Projects and Parks Manager, Noel Bennion with the City of Riverside for an
electronic version nbennionkriversidemo.gov or by calling 816-451-8227)
CITY OF
RIVERS
Protract Name:
Project Number:
Contract Date:
Protect Loudon: Riverside. Mtasoun
CHANGE ORDER NO.
Contractor Name:
The foflowlrg changes to the original contract amount were required to cover cost incurred by
the Contractor or to reflect savings realized by ate Contractor as a result of a change in the
actual constructed quantities from he estimated quantities shown on the Bid Proposal
RRDUIRED CHANGES IN PRESINT CONTRACT
Dale Prep..:
Page ra,mber 1 of
a or lags armchair]
Une ten No
Contractor
Preview
Ouantay
Contract or
Proems
Una Price
Contract or
Prevbw
Amount
UnIF
fern Description 6 Reason for Change Order
New or
Adducted
Quantity
New or
Adfusted
Unit Price
New or
Adlusbd
Amount
$0.00
S0.00
50.00
50.00
50.00
50.00
50.00
50.00
50 00
50.00
50.00
50.00
Previous Total $0.00 1
Statement of contract
Original Contract Amount
Net Amount of Previous Additons and Deductions
Net Conhacl Amount Prior to This Request
Amount of This Request
New Contract Amount
Percent Change in Contract Amount
DESIGN ENGINEER:
llama Prove
Speed
Dab
CONTRACTOR:
CONTRACTOR'S Certification for Change Order:
The undersigned CONTRACTOR cantos that all changes
descnted obeys an necessary In ordr Ion Ind CONTRACTOR to
proceed with eaecvtan 01 the C0ntr0Gt documentsand the the
W.es stated a00ya are correct with respect to 1M work
anticipated under this change order
Company
Name Proved
Stoned
Dab
CITY OF RIVERSIDE, M ISSOURI:
City Engineer:
Travis Hoover
City Administrator:
Brian Koral
ON -SITE PROJECT MANAGER:
•
SO DO
5000
S000
S0.00
S0.00
#DI Vl01
stoma
Ac$ a*ed Total 50.00
Net Charge S0.00
Signed
ON -SITE PROJECT MANAGER Certification for Change Order.
In accordance wall the Cantor Doc intents. the an -site cinema vone and
the data conpnsmg eves change order. the Oni0• prgacl manager tartan
to Ind Owner that to Mar best Of the 0n4ne pfgect managers knowledge.
information and WW1/N. stow IeMerc.d changes re necessary In Men to
proceed WOO the es0CudOn Of the COmMt OOCun erls. end Intl Ind Was
Stated OW* an COnett Mtn respect 0O Ind week .rmuitn d urOr this change 0r0/r
Company
Name Ponied
Speed
Date
Dale
CITY OF
RIVERSI
r-r,,ouai
EXHIBIT K
Certificate of Substantial Completion
to be completed after substantial completion of the nroiectl
Project Name: Variety KC Inclusive Park — PHASE 2
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) I am the 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 2 (Proiect No. 228-025);
(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 2 (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
(❑)
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
STATE OF
EXHIBIT N
SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
Variety KC Inclusive Park - PHASE 2 (Project No. 228-025)
COUNTY OF
) SS:
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:
Work Performed:
Total Dollar Amount of Subcontract and all Change Orders: $
, Contractor
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
O 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
My Commission Expires:
day of , 20
(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 2
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.
(SEAL)
Attest:
Melissa McChesney, City Clerk
cc: Contractor
Kathleen L Rose, Mayor
Date:
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 Contractor.
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/specifications/.
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. 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.
D. Payment will be made as the sum of the following:
1. Lump sum payment for each item so listed in the Contractor proposal, at the contract
lump sum price therefore.
2. 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.
B.
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.
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.
STORM WATER POLLUTION
PREVENTION PLAN
For
CITY OF RIVERSIDE, MISSOURI
CONSTRUCTION ACTIVITIES
At
Variety KC Inclusive Park -
PHASE 2
Prepared by:
City of Riverside 2950
NW Vivion Road
Riverside, MO 64150
Noel Bennion
Capital Projects & Parks Manager
September 2026
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
STATE OF MISSOURI
DEPARTMENT OF NATURAL RESOURCES
MISSOURI CLEAN WATER COMMISSION
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MISSOURI STATE OPERATING PERMIT
General Operating Permit
In compliance with the Missouri Clean Water Law, (chapter 644 R.S. Mo as amended, hereinafter, the Law), and the Federal Water Pollution Control Act
(Public Law 92-500, 92nd Congress) as amended,
Permit No.: MORA29021
Owner City of Riverside
Address: 2950 NW Vivion Road
Riverside, MO 64150
Continuing Authority: City of Riverside
2950 NW Vivion Road
Riverside, MO 64150
Facility Name:
Facility Address:
Legal Description:
UTM Coordinates:
Receiving Stream:
First Classified Stream - ID#:
USGS# and Sub Watershed#:
Riverside Inclusive Park Phase 1
TBD
Riverside, MO 64150
Sec. 08, T 50N, R 33W, Platte County
359026.420 / 4336196.508
Tributary to Line Cr. (U )
Presumed Use Streams ( C) 303(d) 5042.00
10240011 - 0606
is authorized to discharge from the facility described herein, in accordance with the effluent limitations and monitoring requirements as set forth herein.
FACILITY DESCRIPTION
All Outfalls - Construction or land disturbance activity (e.g., clearing, grubbing, excavating, grading, filling and other activities that result in the destruction of
the root zone and/or land disturbance activity that is reasonably certain to cause pollution to waters of the state).
This permit authorizes activities pursuant to the terms and conditions of this permit in accordance with the Missouri Clean Water Law and/or the National
Pollutant Discharge Elimination System; it does not apply to other regulated activities.
10-23-2025
Issue date
02/07/2027
Expiration date Heather S Peters, Director, Water Protection Program
STORM WATER POLLUTION PREVENTION PLAN
Variety KC Inclusive Park — Phase 2
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 2
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 2
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 2
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 2. Soil disturbing activities will primarily include:
1. Construction of a road and parking lot
2. Construction of water and sand play areas
3. Installation footings and utilities for a pre -fabricated restroom
4. Site grading.
5. Site establishment
The estimated completion date of the construction project is Fall 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.
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:
❑ Dates when major grading activities occur.
❑ Dates when construction activities temporarily cease on a portion of the site.
❑ 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.
❑ Dates and descriptions of the character and amount of any spills of hazardous
materials.
❑ Records of reports filed with regulatory agencies if reportable quantities of
hazardous materials spilled.
2. Prepare Inspection Reports summarizing:
Name of inspector.
Qualifications of inspector.
Measures/areas inspected.
Observed conditions.
Changes necessary to the SWPPP.
3. Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur):
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
N
Tpok>a
UG PIpE
Tim IA E FIBER RODS.
Vink
t, VARIETTTY KC INCLUSIVE PARKP
AI JI IJI
T OF COAT
rt or
6" MIN
DEPTH
CONTRACTOR TO
PROVIDE 50' OF 3.-6"
FRACTURED STONE
AGGREGATE G"M1..
DEPTH
040
OENTRENCHMENT FOR FIBER ROLL
OVER^FLOW
RUNOFF WgiER
W11N SEDIMENT ,y,■-__T.Y,T-,
pm
DRAIN/CURB INLET
FILTER FABRIC
NOT TO SCALE
NOT TO SCALE
GRAVEL BAGS
OSEDIMENT CONTROL DEVICE @ STORM DRAIN INLET
0-
CONTRACTOR TO PROVIDE TEMPORARY STABILRED CONSTRUCTION ENTRANCE ADJACENT
TO EXISTING PAVEMENT (IF APPLICABLE). CONTRACTOR TO DETERMINE EXACT SIZE AND
LOCATION APPROPRIATE OR PHASE OF CONSTRUCTION. CONTRACTOR SHALL CONFORM
TO ALL CAPWA REQUIREMENTS AND SPECS - SEE DETAIL 3
NOT TO SCALE
EROSION CONTROL NOTES:
THIS PLAN PROVIDES EROSION CONTROL AND SEDIMENTATION
INFORMATION
DESIGN FOLLOWING ASSUMPTONS
*GROUND HAS BEENROUGH GRADED
CONTRACTOR SHALL ADJUST THE SEDIMENTATION AND EROSION
CO.OL METHODS AS THE PROJECT DEVELOPS. IT SHALL BE THE
SIENSURE INSTALLED EROSION CONTROL SAND SEDIMENTATIONIMPROVEMENTSARE IN
CONFORMANCE MISSOURI DEPARTMENT
F NATURAL
RESOURCES STORM WATER POLLUTION PREVENTION PLAN GUIDELINES
AND BEST MANAGEMENT PRACTICES.
WINTERIZATION NOTES
All MATERIALS NECESSARY FOR WINTERIZATION SHALL BE AVAI..
AT THE STE.
WINTERIZATION SHALL BE INSTALLED ACCORDING TO THIS P. AND
AS DIRECTED BY THE QUALIFIED SWPPP PRACTITIONER (QSP).
NU SI OAFS; AVOID LEAVING SHINY, SMOOTH GRADED SURFACES.
THE LAST GRADING OPERATION SHALL BE TO WALK A TRACK -TYPE
TRACTOR UP AND DOWN THE SLOPE, CREATING CLEAT MARKS ON
THE SLOPE W.
CONTOURS. THESE WILL PROVIDE SEED AND FIBER
COLLECTION POINTS.
GRADINGCO SLOPES: AVOID .VING SNINY, SMOOTH GRADED SURFACES.
THE LAST O ETHE P ROUGHENEDCONDTIONPWITH 2 INCHES OFLOOSENEDMATERLAL FOR
STABILIZATION.
AFTER THE UNDEAGROUND STORM DRAIN SYSTEM IS INSTALLED, THE
CATCH BASINS WILL BE INSTALLED (AS SOON AS PRACTICAL) AND
THE SEDIMENT CONTROL DEVICE WILL BE PLACED AROUND THOSE
CATCH BASINS AS SHOWN ON THIS PLAN.
THIS PLAN IS INTENDED TO BE USED FOR EROSION CONTROL ONLY.
OTHER INFORMATION SHOWN HEREIN MAY NOT BE THE MOST
SEDIMENT CONTROL DEVICES
CATCH REEIN5 AS SHOWN TEMPORARY
CONTRACTOR AIAY CONTROL
OTHER SEDIMENT CONTROL DEVICES (GRAVEL BAGS, SILT TRAPS. ETC
UNDER THE DIRECTION OF THE OSP. MODIFICATIONS TO THIS PLAN
NEED TO OE APPROVED BY QSD, AND LOGGED IN THE SWPPP
AMENDMENT LOG.
EACH SEDIMENT CONTROL DEVICE SHALL BE SECURED PER
APPLICABLE BMP STANDARDS.
SEDIMENT
IF ANY MOVED IN GAINING ACCESS TO THE SIZE DURINGTHE WIN AND/OR MONTHS, THEY
SHALL BE REDUCED IF THEY ARE NO LONGER STABLE ONCE
BE CHECKED
EBEFOREI6CH WEEKEND AND N EACH STORM.
SHOULO
EROSION CONTROL DEVICES
OONTRACTOR TO PROVIDE TEMPORARY OR PERMANENT EROSION
CONTROL 1.1.URES ACROSS THE GRADED SECTIONS OF THE SIZE.
CONTRACTOR MAY SUBSPTLITE 0.ER EROSION CO.OL DEVICES
S
(HYo EROSION KUNDER
ETC)
OF THE OSP. MODIFICATIONS TO THEPUNEED TO BE APPROVED
BY QSD AND LOGGED IN THE SWPPP AMENDMENT LOG.
DUST CONTROL MEASURES
TO PRACTICE DUST CONTROL MEASURES
(DANCE
WITH SECTION2153.12 OF APWA XANS45 Cl. METRO CHAPTER
STANDARD SPECIFICATIONS THROUGHOUT CONSTRUCTION.
SEEDING
SEE DEMOLITION NOTES ON SHEET L0.0 FOR MORE INFORMATION
EROSION CONTROL LEGEND
FIBER ROLL SEE DETAIL 1 THIS SHEET
BID ALT FIBER ROLL SEE DETAIL 1 THIS SHEET
• STORM DRNN DRAIN INLET PROTECTION,
SEE oEruL 2 Tws SHEET
CONSTRUCTION ENTRANCE / PM AND WASH AREA,
SEE DETAIL 3 THIS SHEET
NOTE
CONTRACTOR TO ESTABLISH DI PROTECT(
FOR ALL DOWNSTR. DI'S
00% SUBMITTAL)
5
EROSION CONTROL PLAN
DRAFTER: F/IK
DESIGNER: EH
CHECKED: SSP
PROJECT NO.
43540
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 2
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 2
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:
Date Submitted:
STORM WATER POLLUTION PREVENTION PLAN
Variety KC Inclusive Park — Phase 2
City of Riverside
2950 NW Vivion Road
SWPPP MODIFICATION REPORT FORM
Submit To: City of Riverside
Address: 2950 NW Vivion Road
Riverside, MO 64150
❑ ❑ Courier US Mail
I
Authorized Author: Title:
Company: Project Role:
Signature: Date:
Modifications Required to the STORMWATER POLLUTION PREVENTION PLAN:
Reasons for Modifications:
City of Riverside
2950 NW Vivion Road
Riverside, MO 64150
STORMWATER POLLUTION PREVENTION PLAN
PROJECT RAINFALL LOG FORM
Day
YEAR: 202
Jan
Feb
Mar
Apr
May
June
July
Aug
Sept
Oct
Nov
Dec
1.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Initials
SECTION 5
Final Stabilization Certification Checklist and Contractor's Certification
STORMWATER POLLUTION PREVENTION PLAN
Variety KC Inclusive Park - PHASE 2
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