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HomeMy WebLinkAbout2009-142 - Quiet ZoneBILL NO. 2009-142 ORDINANCE NO. 2009-142 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR CONSTRUCTION SERVICES WITH DAMON PURSELL CONSTRUCTION FOR QUIET ZONE IMPROVEMENTS -ARGOSY PARKWAY AND INTERCON DRIVE WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and engaged in negotiations with Damon Pursell Construction for provision of construction services related to the Quiet Zone project under consideration by the City (the "Services"). WHEREAS, the City and Damon Purcell Construction have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Boazd of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of constructing the Quiet Zone project. Section 2. The City of Riverside shall enter into an agreement whereby Damon Purcell Construction shall provide construction services, related to the Quiet Zone project, to the City at a total cost of $157,794.95 (the "Agreement"). Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessayy to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as maybe necessary or convenient to perform all matters herein authorized. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~ day of~, 2009. ~r~O~~,J~G'~-8-e-%~ Mayor Kathleen L. Rose ATTE C' Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND DAMON PURSELL CONSTRUCTION COMPANY FOR COMPLETION OF RIVERSIDE RAILROAD QUIET ZONE PROJECT CONTRACTOR: DAMON PURSELL CONSTRUCTION COMPANY ORDINANCE NO: 2009-142 CONTRACT PRICE: $157,794.95 Page-1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR RIVERSIDE RAILROAD QUIET ZO~N-E THIS AGREEMENT, made and entered into as of the ~~'~ day of 2009 by and between the City of Riverside, Missouri ("City"), and Damon Pursell Constructi n Company ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Ordinance No. 2009-142 duly approved October 1, 2009 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's is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and `"' WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and considerations herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. "Project," as used in this Agreement and the other Contract Documents, means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. It may also include construction by City or others. C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Page-2 Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE II CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the N ~y~ of One Hundred Fifty Seven Thousand Seven HundredNinety Four and ~ive ~eni.,Dollars ($ 157, 794.95 ). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Determination of the actual quantities and classifications of unit price Work performed by Contractor will be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be 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 lump sums and unit prices set forth in Exhibit E. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind in connection therewith are included in the prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E are materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. Agreement 00300-3 E. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. 2009-142 authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work not later than 60 working days after the date indicated in the Notice to Proceed for commencement of performance of the Work. A working day is any day, except Saturdays, Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working time. If Contractor fails to achieve Substantial Completion of all the Work by this date, Contractor shall pay City $500, as liquidated damages and not as a penalty, for each working day after this date until Substantial Completion of all the Work is achieved. Following Substantial Completion, 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. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Paragraph F below and Article XIII of this Agreement under all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. D. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates 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.. Agreement 00300-4 With each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the orYginal schedule nor any update shall exceed time limits current under the Conhact Documents. F. In the event Administrator determines that performance of the Work is not progressing as required by the Conriact Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Adminisfrator'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 Confract Documents and clearly indicates that all Work will be completed within the prescribed time. G. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Conhact Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to author7ze deviations, substitutions, or changes in the requirements of the Contract Documents unless express wrYtten approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them,. and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: 1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement 4: PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). Agreement 00300-5 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement). 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE V PAI'MENT5 A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Conhactor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation aze acceptable to City. Within 15 days of its receipt of payment from City, Conhactor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Administrator. Administrator shall review each application for payment and certify for payment such amounts as Administrator determines are due Contractor. From the total amount certified, Administrator shall withhold five percent as retainer until Substantial Completion of all the Work, as defined in Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainer), payable out of the funds in the City Treasury available for Contractor under Ordinance Agreement 00300-6 No. 2009-142 payment shall be made to' Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perfonn all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor, The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainer) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F. Contractor's retainer shall not be released until Contractor notifies City's designated representative in writing, and Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainer shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, Agreement 00300-7 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, 7. Contractor's failure to provide requested documentation. 8. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but. shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Conh•actor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work involved is covered by unit prices set forth in Exhibit E, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Agreement 00300-8 Conhactor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Confractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. D. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F'. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. Agreement 00300-9 G. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 c. Products/completed operations aggregate $2,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • PersonaUadvertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any azclritects, engineers, or other design professionals engaged by or on behalf of City, against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non- owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance shall protect Contractor against all claims under applicable state Agreement 00300-10 workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage (including any umbrella or excess policy that provides any required general or automobile ]iability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required or general automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by work included in the products/completed hazard. C. Conhactor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, Agreement 00300-11 whichever is sooner. City and Conhactor waive all rights against each other and their respective employees, agents, conhactors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall famish City a certificate or certificates and copies of policies, all satisfactory to City,. evidencing that Contractor has all the required insurance and is in compliance with this Article VII. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each subcontractor, or contractor, on behalf of the subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven (7) days before the subcontractor first performs any of the Work. ARTICLE VIII INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent acts or• omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for• whose acts they maybe liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligafion is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Paragraph A. B. In claims against any person or entity indemnified under the preceding Paragraph A by an employee of Contractor, a subcontractor or supplier, or anyone directly or• indirectly employed by them or for whose acts they may be liable, the indemnification obligation under Agreement 00300-12 Paragraph A shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE IX PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret lights 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 infingement. ARTICLE X COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE XI RECORDS REGARDING PAYMENT For a period of at least two years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum 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 Agreement 00300-13 at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices acid Payment Applications: For Ci David Blackburn City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 For Contractor: ~/ ~ ~~ CM L /(L~ c~S ~G _~ ~~ . p~~~~~¢ ~Q ~ .v ~~ rd. /L-/ Lr6 ~ /~~«G~/ar8' ~ B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Conh~actor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DEFAULT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the default; at Contractor's expense; or terminate Contractor's right to proceed with performance of any part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. Agreement 00300-14 B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employee Conhactor'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, habel, 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 Conhact 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 flee 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 shict performance of the obligation in any future instance. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for• City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. Agreement 00300-15 ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits fiom public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE XVI SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for• any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. Agreement 00300-16 ARTICLE XVII ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Conhactor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in wrYting. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written notification from City ofnon-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XVIII COMPETENCE. Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Conhactor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Conhactor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the fime allowed by law for any action for breach of such obligation. Agreement 00300-17 ARTICLE STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Conhactor. 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 fiom weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, sluvbs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices and comply sh7ctly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. C. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XXII INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIII CONFLICT Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in the Conhact Documents, or between any Conhact Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. Agreement 00300-18 ARTICLE XXIV BONDS . Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Adminishator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Adminishator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Conhactor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. ARTICLE XXV SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. ARTICLE XXVI NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of City's preparation of this Agreement or other Contract Documents. ARTICLE XXVII DISPUTES/ATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved tluough 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 fiom such litigation. ARTICLE XXVIII TPI'LES 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. Agreement 00300-19 ARTICLE XXI% ENTIltE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document maybe amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Conhactor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. Agreement CITY OF RIVERSIDE Ey: ~ .~~ MAYOR C ~ i -~, ~ , E ~'P ,~~, ~~ ~ =° -,~~~ ,y, ~ -. "! /~-~ (Signature)s . Printed Name:wii,,,M L. r~ i' ~r/r.~ Title: t~~ s - P.-~r.d,.~~ 00300-20 ATTESTED: EXHIBIT A -SCOPE OF WORIL Contractor shall perform the following Work: A~ s All work necessary to construct Argosy Parkway,`lntercon Dr. .through the limits of the Project as shown on and in accordance with the Specifications and Drawings referred to in Exhibit B to the Agreement. The Work shall include removal of pavement, grading, new paving of streets, concrete medians, storm drainage improvements, permanent signing, pavement markings, traffic control, sediment and erosion control, seeding, and all other items contained in the Specifications and Drawings. Agreement - Exhibit A Page - 1 EXHIBIT B - SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's perfoi7nance of the Work: "Riverside Railroad Quiet Zone Specifications: (Divisions 1 through 4 of the Project Manual) dated September 21, 2009, including appendices, addenda, and all other documents and specifications referenced therein. The Drawings governing the Work are as follows; cover sheet dated September 21, 2009: Sheet Descri to ion Sheet No. ITLE SHEET 1 YPICAL SECTIONS 2-3 SUMMARY OF UANTITIES 1 SHEET 4 ENERAL NOTES/HORIZONTAL CONTROL 5 EFERENCE TIES 6 GOSY PARKWAY DESIGN 7-11 TERCON DRIVE 12-15 ONOCO ROAD 16-19 LROAD CROSSING DETAILS 20 AVEMENT MARI{ING DETAILS 21 EDIAN DETAILS 22 Agreement - Exhibit B Page - 1 ~XI~$YTC-PERFORMANCp:$C?ND Bond NO. 1887842 k'OR THE ~'AITIgFUL PERFORMANCE o£ each of the terms and stipulations of the AGREEMENT SETW$EN CITY OF RIVERSIIfE ANi7 CONTRA,t;TOR, dated 2009, designated O.rdinancs No. ~ _ in every particular, Damon PursellConstruction Company as principal, and The Hanover Insurance Company as Surety, hereby bind themselves and their respective heirs, executors, administrators, sueoessrus, and assigns, onto the City, of .Riverside, MSS3tIllY1, in the penal San). Of One Hundred Fifty Seven Thousand Seven Hundred N(nety Four Dollars and 95/100 lawful ,money of the United States, conditioned that in the event Principal shall faitlafillly and properly complete the work required by the Conixact Documents described in the Agreement and perform all of its obligations and duties pursuant to the terms of the Contract Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevadling hourly rate of wages for each crab or type of worker required to execute the work in the locality as determined by the Department of Labor and Industrial Relations of Zvlissouri or by final judicial detertstination pursuant to the provisions of Sections 290.210 to 290.340 and 290.SS0 through 290.5$0, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full farce and effect. Surety hereby stipulates and agrees that no change, extension of tune, aiteraNan or addition to the terms of the Contract Documents or to the work to be performed thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension o£time, alteration trr~addi(ion to tfie terms of the Contract Documents ox to the Work_ Agreement - Exhibit C Page 1 Damon Pursell Construction Company 300 North Church Rd; Liberty, MO'6~4068 PitTNCTP,~!,f ~ ,~ , -" By: ,~ ,~~~. ,~ ~ ~ ,~j., ; ~ r~ (S'gita a}` Printed Name: ~. /// ~.,: t ~ _.~; Ord Title; ~P a . Ass ~:.-.,.c Date; The Hanover Insurance Company 440 Linco~ Street, Worcester, MA 01653 (Signature) Prinfed Name; Denise A. Iverson Title: Attorney-In-Fact I7afe: SURETY POWER dF A7,°>t'ORNEY MUSS' HE A1"TAdHLD Agreement- Exhibit C Page 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Mary S. Wilcox, Denise A. Iverson, D.C. Pruett, Matthew J. Miller, Sean R. Miller and/w Dale A. Gabauer of Kansas Cfty, MO and each is a true and IawfulAttorney(s)-in-fact to sign, execute, seal, acknowledge anddeliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contraGs of Indemnity or otherwritings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million-and-No/100 (320,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction vnih any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, fn its name antl as Its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognlzances, contraGS of indemnity, waivers of citation antl ail other wri0ngs obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such wdtings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1961 -The Hanover Insurance Company; Atlopted Apnl 14,1962-Massachusetts Bay Insurance Company, Adoptetl September 7, 2001 - CiOzens Insurance Company ofAmerica) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 2n° day of February 2009. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 2ntl day of February 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the Individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said Instrument by the authority and direction of said Corporations. Ana 1.~~~_ _ ~.XI/eL~~'~~~ e~++~ r Notary lzublic nc~ew~+,o,h+.xsaxi My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Ghizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Cenified Copies of such Powers of Attorney antl certi0cation in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company io the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be faaimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Atlopted September 7, 2001 - Ciazens Insurance Company ofAmedca) GIVEN under my hantl and the seals of said Companies, at Worcester, Massachusetts, this day of THE HANOVER INSURANCE COrr1PANY fi1ASSACHUSETTS BAY INSURANCE COPdPNiY CITI - S INSU CE COhfPANY OF .ERICA //~~~j S(eP •8ravl, ssisrar ice Pres .nt ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIOD/YYYI') m 10 6 2009 PRODUCER phone: 913-341-8996 Fax: 913-341-2923 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cretcher Heartland Incorporated ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4551 West 107th Street Third Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Overland Park KS 66204 INSURERS AFFORDING COVERAGE NAIC# IHSURED ~ wsuRERAHartford Fire Insurance Co. 9628 Damon Pursell Construction Co. INSURER R:St. Paul Fire & Marine Sns. C 300 N. Church Rd. Lib t MO 64068 INSURER C:Hartford Undervrriters -Ins Co 0104 er y INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAfifED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHGTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUFIENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR bWY PERTAIN, THE INSURANCE AFFORDED HY THE POLICIES DESCRIBED HEREIN IS SUBSECT TO ALL THE TERDIS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE HEEN REDUCED BY PAID CLAIMS. INSR LTR ADD' NSRD POLICY NUMBER POLICY EFFECTIVE D D POLICYEXPIRATION D LIMITS A X GENERALLIABILITY 37UENOE0013 4~1/2QQ9 4~1~2Q1Q EACH OCCURRENCE $1 QQQ QQQ D GE TO RENTED X COhIh1ERCIAI GENERALLIABILITY PREM1IISES Eaoavuenw $3QQ QQQ CLAIMS h1ADE OCCUR ~ M1IEO EXP (Anyone person) $ 1Q QQQ X AI Ry C'Otlt Ya(`Y PERSONAL&ADV INJURY S1 QQQ QQQ _ GEtJERAL AGGREGATE $ 2 QQQ QQQ GENL AGGREGATE LIAIITAPPLIES PER: PRODUCTS-COh1P/OPAGG $ 2 QQQ QQQ POLICY X JE OT LOC A X AUT OMOBILE LIABILITY 37UENOEQ 014 4~1~2QQ9 4~1~2Q1Q CIX:IBINEO SINGLE LIh11T (Ea accident) $1, QQQ, QQQ X ANYAUTO ALLOWNEDAUTOB BODILY INJURY $ SGHEOULEDAUTOB (Perperson) HIREOAUTOS BODILY INJURY $ NON-OWNED AUTOS - (Peracodent) X I HV Contract PROPERTYOAh41GE dd $ (Perac ent) GARAGE LIABILITY AUTOONLV-EAACCIOENT $ ANVAUTO OTHER THAN EAACC $ AUTOONLV: AGG $ $ EXCESSNMBRELLA LIABILITY QK08000291 4/1/2009 4~1~2O10 EACH OCCURRENCE S 5 QQQ QQQ X OCCUR ~ CLAIhIS AfADE AGGREGATE S 5 QQQ QQQ S DEDUCnBLE S RETENTION $1Q QQQ $ (,' WORKERS COMPENSATION ANO 37LVEOE0012 4/1/2009 4~1~2Q1Q X ORYLAITS ~R EMPLOYERS'LIABILITY ' E.L. EACH ACCIDENT $1 QQQ QQQ AN1 PROPRIETWLPARTNERIEXECUDVE OFFICER/A1EfABER EXCLUOEO4 E.L. DISEASE-EA EAIPLOVEE $1 QQQ QQQ Ryes, desuibeunder SPECIALPROVISIONS brow E.L.OISEASE-POLICYLIh1IT $1 QQQ QQQ OTNER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESf EXCLUSIONS AOOED BYENDORSEMENT/SPECU\L PRONSIONS E: Riverside Railroad Quiet Zone (Argosy Parkway and Intercon Dr). City of Riverside, Mo., its employees, officers, gents, any architects, engineers, or other design professionals engaged by or on behalf of the City if primary dditional insureds excluding Workers Compensation and Employers Liability. General Liability includes completed perations. Waiver of Subrogation in favor of additional insureds applies as respects General and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIHED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSOING INSURER City Of Riverside, RIo WILL ENDEAVOR TO NAIL 30 DAYS 47RITTEN NOTICE TO THE 2950 NW Vivian Road CERTIFICATE HOLDER NAb1ED TO THE LEFT, BUT FAILURE TO DO SO River6ide P40 64150 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KZND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORQEO REPRESENTATIVE ~n""~~7 / ,,(( ~J~,,~ ~wT! .cl. ' f'°' ACORD 25 (2001/08) OACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) EXHIBIT "C" CONTRACTOR REQUIREMENTS 1.01 General • 1.01.01 The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to as "Railway" where work is over or under on or adjacent to Railway property and/or right-of--way, hereafter referred to as "Railway Property", during the construction of Riverside Quiet Zone huprovements. • 1.01.02 The Contractor must obtain BNSF Railroad Paving Permit from Jones Lang LaSalle -Vicki Norman (817)230-2628 or Vicki.norman@arnjll.com. • 1.01.03 The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains on Railway Property. • 1.01.04 The Contractor's right to enter Railway's Property is subject to the absolute right of Railway to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway, Contractor's activities create a hazard to Raihvay's Property, employees, and/or operations. Raihvay will have the right to stop construction work on the Project if any of the following events take place: (i) Contractor (or any of its subcontractors) performs the Project work in a manner contrary to the plans and specifications approved by Raihvay; (ii) Contractor (or any of its subcontractors), in Raihvay's opinion, prosecutes the Project work in a manner which is hazardous to Raihvay property, facilities or the safe and expeditious movement of railroad traffic; (iii) the insurance is canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the Temporary Construction License or the Permit. The work stoppage will continue until all necessary actions are taken by Contractor or its subcontractor to rectify the situation to the satisfaction of Railway's Division Engineer or until additional insurance has been delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction License, or (iii) the Easement, Raihvay may immediately terminate the Temporary Construction License or the Easement. Any such work stoppage under this provision will not give rise to any liability on the part of Raihvay. Railway's right to stop the work is in addition to any other rights Railway may have including, but not limited to, actions or suits for damages or lost profits. In the event that Railway desires to stop construction work on the Project, Railway agrees to immediately notify the following individual in writing: 1.01.05 The Contractor is responsible for determining and complying with all Federal, State and Local Governmental laws and regulations, including, but not limited to environmental laws and regulations (including but not limited to the Resource Conservation and Recovery Act, as amended; the Clean Water Act, the Oil Pollution Act, the Hazardous Materials Transportation Act, CERCLA), and health and safety laws and regulations. The Contractor hereby indemnifies, defends and holds harmless Railway for, from and against all fines or penalties imposed or assessed by Federal, State and Local Governmental Agencies against the Raihvay which arise out of Contractor's work under this Agreement. • 1.01.06 The Contractor must notify the (Aeencvl at and Raihvay's Manager Public Projects, telephone number (417)829-2134 at least thirty (30) calendar days before commencing any work on Railway Property. Contractor's notification to Raihvay, must refer to Raihoad's file Riverside Ouiet Zone • 1.01.07 Subject to the movement of Raihvays trains, Raihvay will cooperate with the Contractor such that the work may be handled and performed in an efficient manner. The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event his work is delayed by the Raihvay. 1.02 Contractor Safety Orientation 1.02.01 No employee of the Contractor, its subcontractors, agents or invitees may enter Railway Property without first having completed Railway's Engineering Cmrh•actor Safety Orientation, found on the web Bite www.conh•actororientation.com, The Contractor must ensure that each of its employees, subcontractors, agents or invitees completes Railway's Engineering Contractor Safety Orientation through Internet sessions before any work is performed on the Project. Additionally, the Contractor must ensure that each and every one of its employees, subcontractors, agents or invitees possesses a card certifying completion of the Raihvay Contractor Safety Orientation before entering Railway Property. The Contractor is responsible for the cost of the Railway Contractor Safety Orientation. The Contractor must renew the Railway Contractor Safety Orientatimr annually. Further clarification can be found on the web site or from the Railway's Representative. 1.03 Railway Requirements • 1.03.01 The Contractor must take protective measures as are necessary to keep railway facilities, including hack ballast, free of sand, debris, and other foreign objects and materials resulthrg from lus operations. Any damage to railway facilities resulthig from Contractor's operations will be repaired or replaced by Raihvay and the cost of such repairs or replacement must be paid for by the Agency. • 1.03.02 The details of construction affecting the Raihvays Property and tracks not included in the contract plans must be submitted to the Raihvay by (Aeencvl for approval before work is undertaken and this work must not be undertaken until approved by the Railway. 1.03.03 At other than public road crossings, the Contractor must not move any equipment or materials across Raihvays tracks un61 permission has been obtained from the Raihvay. The Contractor must obtain a "Temporary Construction Crossing Agreement" from the Railway prior to movhig his equipment or materials across the Raihvays tracks. The temporary crossing must be gated and locked at all times when not required for use by the Contractor. The temporary crossing for use of the Contractor will be constmcted and, at the completion of the project, removed at the expense of the Contractor. • 1.03.04 Discharge, release or spill on the Raihvay Property of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the Raihvays Resource Operations Center at 1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow Raihvay Property to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or auy state analogue. 1.03.05 The Contractor upon completion of the work covered by this contract, must promptly remove from the Raihvays Property all of Contractor's tools, equipment, implements and other materials, whether brought upon said property by said Contractor or any Subcontractor, employee or agent of Contractor or. of any Subcontractor, and must cause Raihvays Property to be left in a condition acceptable to the Raihvays representative. 1.04 Contractor Roadway Worker on Track Safety Program and Safety Action Plan • 1.04.01 Each Contractor that will perform work witlrin 25 feet of the centerline of a track must develop and implement a Roadway Worker Protection/On Track Safety Program and work with Railway Project Representative to develop an on track safety strategy as described in the guidelines listed in the on track safety portion of the Safety Orientation. This Program must provide Roadway Worker protection/on track training for all employees of the Contractor, its subcontractors, agents or invitees. Tlus training is reinforced at the job site through job safety briefings. Additionally, each Contractor must develop and implement the Safety Action Plan, as provided for on the web site www.cmrtractororientation.cmn, which will be made available to Railway prior to commencement of any work on Railway Property. During the performance of work, the Contractor must audit its work activities. The Contractor must designate an on-site Project Supervisor who will serve as the contact person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits, and Material Safety Datasheets (MSDS), at the job site. 1.05. Railway Flagger Services: 1.05.01 The Contractor must give Railway's Roadmaster (telephone 816-472-2203) a minimum of thirty (30) calendar days advance notice when flagging services will be required so that the Roadmaster can make appropriate arrangements (i.e., bulletin the flagger's position). If flagging services are scheduled in advance by the Contractor and it is subsequently determined by the parties hereto that such services are no longer necessary, the Contractor must give the Roadmaster five (5) working days advance notice so that appropriate arrangements can be made to abolish the position pursuant to union requirements. e 1.05.02 Unless determined othenvise by Raiway's Project Representative, Railway flagger will be required and famished when Contractor's work activities are located over, under and/or within hventy-five (25) feet measured horizontally from centerline of the nearest track and when cranes or similar equipment positioned beyond 25-feet from the track centerline could foul the track in the event of tip over or other catastrophic occurrence, but not limited thereto for the following conditions: • 1.05.02a When, upon inspection by Railway's Representative, other conditions warrant. • 1.05.02b When any excavation is performed below the bottom of tie elevation, if, in the opinion of Raiway's representative, hack or other Railway facilities maybe subject to movement or settlement. • 1.05.02c When work in any way interferes with the safe operation of trains at timetable speeds. • 1.05.02d When any hazard is presented to Raihvay track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity. • 1.05.02e Special permission must be obtained from the Railway before moving heavy or cumbersome objects or equipment which might result in making the track impassable. • 1.05.03 Flagging services will be performed by qualified Railway flaggers. • 1.05.03a Flagging crew generally consists of one employee. However, additional personnel may be required to protect Raihvay Property and operations, if deemed necessary by the Raihvays Representative. • 1.05.03b Each time a flagger is called, the minvnum period for billhrg will be the eight (8) hour basic day. • 1,05.03c The cost of flagger services provided by the Railway will be borne by the A enc . The estimated cost for one (1) flagger is approximately behveen $800.00-$1,600.00 for an eight (8) hour basic day with time and one-half or double time for overthne, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, Railway and unemployment insurance, public liability and property damage insurance, health and welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision and other costs incidental to performing flagging services. Negotiations for Railway labor or collective bargaining agreements and rate changes authorized by appropriate Federal authorities may increase actual or estimated flagging rates. THE FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE CONTRACTOR HEREUNDER WH.L BE USED TO CALCULATE THE ACTUAL COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH. • 1.05.03d The average train traffic on this route is 60 freight trains per 24-hour period at a timetable speed 45 MPH. 1.06 Contractor General Safety Regtrnements • 1.06.01 Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any Time and in any direction. All work performed by contractors within 25 feet of any track must be in compliance with FRA Roadway Worker Protection Regulations. • 1.06.02 Before beginning any task on Railway Property, a thorough job safety briefing must be cmiducted with all personnel involved with the task and repeated when the personnel or task changes. If the task is within 25 feet of any track, the job briefing must include the Railway's flogger, as applicable, and include the procedures the Contractor will use to protect its employees, subcontr•actor•s, agents or invitees from moving any equipment adjacent to or across any Railway track(s). 1.06.03 Workers must not fvork within 25 feet of the centerline of any hack without an on track safety strategy approved by the Raihvay's Project Representative. When authority is provided, every contractor employee must know: (1) who the Railway flogger is, and how to contact the flogger, (2) limits of the authority, (3) the method of communication to stop and resume work, and (4) location of the designated places of safety. Persons or equipment entering flag/wor•k limits that were not previously job briefed, must notify the flogger inunediately, and be given a job briefing when working within 25 feet of the center line of track • 1.06.04 When Contractor employees are required to work on the Railway Property after normal working hours or on weekends, the Railroad's representative in charge of the project must be notified. A minimum of bvo employees mast be present at all times. • 1.06.05 Any employees, agents or invitees of Contractor or its subcontractors under suspicion of being under the influence of dings or alcohol, or in the possession of same, will be removed from the Railwa}rs Property and subsequently released to the custody of a representative of Contractor management. Future access to the Railvay's Property by that employee will be denied. 1.06.06 Any damage to Railway Property, or any hazard noticed on passing trains must be reported immediately to the Railway's representative in charge of the project. Any vehicle or machine which may come in contact with track, signal equipment, or structure (bridge) and could result in a train derailment must be reported immediately to the Railway representative in charge of the project and to the Railway's Resource Operations Center at 1(800) 832-5452. Local emergency numbers are to be obtained from the Raihvay representative in charge of the project prior to the start of any work and must be posted at the job site. 1.06.07 For safety reasons, all persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on Railway's Property. 1.06.08 All personnel protective equipment (PPE) used on Railway Property must meet applicable OSHA and ANSI specifications. Current Railway personnel protective equipment requirements are listed on the web site, www.contractor•orientation.com, however, a partial list of the requirements include: a) safety glasses with permanently affixed side shields (no yellow lenses); b) hard hats c) safety shoe with: hardened toes, above-the-ankle lace-up and a defined heel; and d) high visibility retro-reflective work weaz. The Railroad's representative in charge of the project is to be contacted regarding local specifications for meeting requirements relating to hi-visability work wear. Hearing protectiar, fall protection, gloves, and respirators must be worn as required by State and Federal regulations. INOTE -Should there be a discrepancy bet•veen the information contained on the web site and the information in this paragraph, the web site will govern.) 1,06.09 THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAYlI2AII. AT-GRADE CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH A STORAGE AREA WITH CONCURRENCE OF THE RAH.ROAD'S REPRESENTATIVE. 1.06.10 Machines or vehicles must not be left unattended with the engine running. Pazked machines or equipment must be in gear with brakes set and if equipped with blade, pan or bucket, they must be lowered to the ground. All machinery and equipment left unattended on Railway's Property must be left inoperable and secured against movement. (See intemet Engineering Contractor Safety Orientation program for more detailed specifications) • 1.06.11 Workers must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations. • 1.06.12 All power line wires must be considered dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means. 1.07 Excavation 1.07.01 Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area. The Contractor must determine whether excavation on Railway's Property could cause damage to buried cables resulting in delay to Railway traffic and disruption of service to users. De]ays and disruptions to service may cause business intemtptious involving loss of revenue and profits. Before commencing excavation, the Contractor must contact BNSF's Field Engineering Representative. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other. companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating. • 1.07.02 The Contractor must cease all work and notify the Raihvay immediately before continuing excavation in the area if obstructions are encountered which do not appeaz on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these instmctions. • 1.07.03 All excavations must be conducted in compliance with applicable OSHA regulations and, regardless of depth, must be shored Gvhere there is any danger to tracks, stmctures or personnel. 1.07.04 Any excavations, holes or trenches on the Raiway's Property must be covered, guarded and/or protected when not being worked on. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that Raihvay employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as soon as possible. 1.08 Hazardous Waste, Substances and Material Reporting 1.08.01 If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious material, including but not limited to any non-containerized commodity or material, on or adjacent to Raiway's Property, in or near any surface water, swamp, wetlands or waterways, while perfonnhig any work under this Agreement, Contractor must immediately: (a) notify the Raiway's Resource Operations Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its employees, subcontractors, agents and/ or third parties: and (c) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release. 1.09 Personal Injury Reporting 1.09.01 The Railway is required to report certain injuries as a part of compliance with Federal Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an employee of the Contractor, subcontractor or Contractor s invitees while on the Railway's Property must be reported immediately (by phone mail if unable to contact in person) to the Railway's representative in charge of the project. The Non-Employee Personal Injury Data Collection Form contained herein is to be completed and sent by Fax to the Railway at 1(817) 352-7595 and to the Railway's Project Representative no later than the close of shift on the date of the injury. NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION INFORMATION REQUIRED TO BE COLLECTED PURSUANT TO FEDERAL REGULATION. IT SHOULD BE USED FOR COMPLIANCE WITH FEDERAL REGULATIONS ONLY AND IS NOT INTENDED TO PRESUME ACCEPTANCE OF RESPONSIBILITY OR LIABILITY. ]. Accident Ciry/St _ County: (ifnon-Railway location) 5. Social Security#_ 6. Name (last, first, mi) _ 7. Address: Street: 8. Date of Birth: City: and/or Age Gender: (if available) 9. (a) Injury: (b) Body Part: (i.e. (a) Laceration (b) Hand) l I. Description of Accident (To include location, action, result, etc.): St. Zip: 12. Treatment: ? First Aid Only ? Required Medical Treatment ? Other Medical Treatment 13. Dr. Name 14. Dr. Address: Sheet: 15. Hospital Name: 16. Hospital Address: Street. 17. Diagnosis: FAx To RAILWAY AT (S17} 352-7595 AND COPY TO RAILWAY ROADMASTER FAX City: 30. Date: St: Zip: St Zip: 2. Date: _ 3. Temperature: Time: _ 4. Weather city: 7 INSURANCE Contractor must, of its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance must contain broad form contractual liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000. Coverage must be purchased on a post 1998 ISO occurrence form or equivalent and include coverage for, but not limit to the following: • Bodily Injury and Property Damage • Personal hrjury and Advertising Injury • Fire legal liability • Products and completed operations This policy must also contain the following endorsements, which must be irrdicated on the certificate of insurance: • It is agreed that any workers' compensation exclusion does not apply to Railroad payments related to the Federal Employers Liability Act or a RaiG•oad Wage Continuation Program or similar programs and any payments made are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law. • The defmition of insured contract must be amended to remove any exclusion or other limitation for any work being done within 50 feet of railroad property. • Any exclusions related to the explosion, collapse and underground hazards must be removed. No other endorsements limiting coverage as respects obligations under this Agreement maybe included on the policy. B. Business Automobile Insurance. This insurance must contain a combined single limit of at least $1,000,000 per occurrence, and include coverage for, but not limited to the following: • Bodily injury and property damage • Any and allvehicles owned, used or hired C. Workers Compensation and Employers Liability insurance including coverage for, but not limited to: • Missouri's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. D. Raihoad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate. The policy Must be issued on a standard ISO form CG 00 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO form CG 28 31 10 93) • Endorsed to include the Limited Seepage and Pollution Endorsement. • Endorsed to remove any exclusion for punitive damages. • No other endorsements restricting coverage may be added. • The original policy must be provided to the Railroad prior to performing any work or services under this Agreement Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive darnages and certificates of ]assurance must reflect that no exclusion exists. Confractor agrees to waive its right of recovery against Railroad for all claims and suits against RaiG•oad. In addition, its insurers, through the terms of the policy or policy endorsement, waive their right of subrogation against RaiG•oad for all claims and suits. The certificate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its right of recovery, and its iruurers also waive their right of subrogation against Railroad for loss of its owned or leased property or properly under contractor's care, custody or control. Confractor's insurance policies through policy endorsement, must include wording which states that the policy is prhnary and non-contributing with respect to any insurance carried by Railroad. The certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ies) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorsement and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any_and "all Railroad liabilities that would otherwise, in accordance with the provisions of this Agrewnent, be covered by contractor's insurance will be covered as if confractor elected not to include a deductible, self-insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Raiload an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audiUfolder number if available. The policy(ies) must contain a provision that obligates the insurance company(ies) issuing such policy(ies} to notify RaiG•oad in writing at least 30 days prior to any cancellation, non-renewal, substitution or material alteration. This cancellation provision must be indicated on the certificate of insurance. Upon request from Railroad, a certified duplicate original of airy required policy must be furnished. Contractor should send the certificate(s) to the following address: Ebix BPO PO Box 12010-BN Hemet CA 92546-8010 Fax number: 951-766-2299 Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provide. If any portion of the operation is to be subcontracted by contractor, contractor must require that the subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional insured, and requiring that the subcontractor release, defend and indemnify Railroad Yo the same extent and under the same terms and conditions as contractor is required to release, defend and indemnify Raib•oad herein. Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate this Agrewaeat immediately. Acceptance of a certificate that does not comply with this section will not operate as a waiver of contractor's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by confractor will not be deemed to release or diminish the liability of contractor including, without limitation, liability under the indemnity provisions of this Agr•eeraeat. Damages recoverable by Railroad will not be limited by the amount of the required ipsurance coverage. For purposes of this section, Railroad means `Burlington Northern Santa Fe Corporation", "BNSF RAIL~TJAY COMPANY" and the subsidiaries, successors, assigns and affiliates of each. From:Pattie Ransom FaxID:Cretcher Heartland I Page 2 of 3 Date:10/8/2009 04:58 PM Page:2 of 3 OP ID: PR ~~//® IIV~UR~".iVC~ IfV®C® ~ V RH ~I ~ V G R DATE (MM/DDA'YW) 1 U/0$/2009 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY Lq'APANY BINDER% 194$2 Cretcher Heartland Inc. - Travelers Indemnity Company 551 West 107th St, 3rd Floor EXPIRATION Overland Park KS 66207 EFFECTNE DATE TIlAE DATE TIME - ___.._. , George Donnelly X AM X 's'ot AM 1010$109 12:01 Pre 11/07/09 NGON PHC No E.I:913-341-8998 ~~~,913-341-2923 THIS BINDER IS ISSUEDTO EXTENDCOVERAGE IN THEABOVE NAMED COMPANY coDE: H E357 Sl.® CODE: PER EXPIRING POLICY 8: AGENCY gNSFR01 CUSTOAf ER ID: DESCRIPTION OF OPERATIONSNEHICLES/PROPERtt Qncluding LOCagon) INSURED BNSF Raihvay Company Contractor: Damon Pursell Construction Ebix BPO City of Riverside P O Box 12010-BN Hemet CA 9254 6-8 01 0 COVERAGES LIMITS TYPE OF INSURANCE COVERAGEIFORMS DE WCTIBLE COINS% AMOUM PROPERTY CAUSES OF LOBS BASIC ~ BROAD ~ SPEC GEN ERAL LIABRnY EACH OCCURRENCE $ 2,000,000 COMA1FRC14L GENERAL LIPHILITY G RENTED PREMISES $ CLANS MADE ~ OCCUR MED EXP (Anq one person) $ X Railroad Protective PERSONPL 6 PIJV INJURY $ GENERAL AGGREGATE $ 6,000,000 RETRO DATE FOR CLAIMS MADE: PRODUCTS-C01AP/OP AGG $ AUTO MOBILE LIABILRY COMBINED SINGLE LIMIT f PJJY AUTO DODILY IM1'JURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per zccitlen[l $ SCHEDULEDAUTOS PROPERTY DAMP.GE $ HIRED AUTOS MEDICPL PAYMENTS $ NON-OVVNEDAUFOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT F OTHER THAN COL: OTHER GARAGE LIAE3LfiY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER TITAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UTABRELIA FORM AGGREGATE $ OTHER THAN UMBRELLA FORlA RETRO DATE FOR CLAIMS rdADE: SELF-INSURED RETENTION $ WC STATUTORY LPA ITS WORHER'S COMPENSATION - E L EACH ACCIDENT ¢ ANO EMPLOYER'S LIABILITY EL. DIGEASE-FR EMPLOYEE $ E.L. DISEASE-POLICY LIIAfi $ SPECIAL FEES $ CONDITIONS/ OTHER TAXES $ COVERAGES ESTNATEDTOTPL PREMIUM 3 NAME & ADDRESS MORTGAGEE LOSS PAYEE P.DDRIONPL INSURED LOPN # AUTHORIZED REPRESENTATNE CaeOrge Donnelly ACORD 75 (2004109) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-2004 From:Paftie Ransom FaxID:G7etcher Heartland I Page 3 of 3 Date:10/82009 04:58 PM Page:3 of 3 BNSFRO7 OP ID: PR CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating Wnen cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance month the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars (~u1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as Toss payee, a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10} days prior to the cancellation; except in the case of a renewal bf a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced 6y a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A} Shall be fned not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2004109) EXIIIBTTD-FAYMENT$OIVD Bond No. 1887842 Damon Pursell Construction Company and the CITY {}F RIVLRSID$, A~i$SE}URI, have entered into an Agreement dated ~ ,! ~ , 2009, designated Ordinance No. ,_,_,g Damon Pursell Construction Company as Principal, and The Hanover Insurance Company , ag Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of°ne Hundred Fifty Seven Thousand Seven Hundred Ninety Four Dollars and 95/t001hs lawful money of the United States, conditioned that in the event Principal shall pay the prevailing hourly rate pf wages fqr 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 aF Missouri or by final judicial derc~~nL_stfon 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 pmper parties all amounts due far material, machinery, equipment and tools, consumed ar used in comtecfion with the cotastructlan of such Wark, and all insurance premiums, wrnkers' campensatiori, and all other kinds of insurance, on such Work, and for all labor peEforcned in such Work whether by Principal, subcontractor, nr otherwise, then ttiis obligation to be void, otherwise to retttaiu in full force and effect, and the same may be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, ar other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the eonsidersl1ons hereof Surety hereby aflpulates and agrees that no change, extension of tune, alteration or addition to the terms of the Contract Agreement-F.xhibit D Psrva t bocttments or to t1~e Work to be performed thereunder shah in any wise affect its obligation an this Band, and it does hereby waive notice of any such change, extensiaza o£ ti:ate, alteration ox addition t0 the terms of the Contract Documents or to the Work. Damon Pursell Construction Com any 300 North Church-R~i, Liberty; '~~64068 PRINCH'A~'' , -j < ,, ~'y: i ~) ~ ~,i, ~ C ~~g) FrintedNatxze:~~i~/a..-, t , s , d.,~. Title; __ y:L~ ,4_r.~~e )Jets; - ---- The Hanover Insurance Company 440 LincoJq Street, Worcester, MA.01683 i S sv. ~ ~(~ ~~~:,~-~ (signature) p~~ Name: Denise A. Iverson Title: Attorney-In-Fact Date: ~ ~. SURETY POWER OF ATTORNEY MiTST BE ATTACHED ,44reement - AYhihit T) Paaa ~ THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under tha laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Mary S. Wilcox, Denise A. Iverson, D.C. Pruett, Matthew J. Miller, Sean R. Miller andlor Dale A. Gabauer of Kansas City, MO and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge anddeliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and-No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Gompanles which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction vrith any Assistant Vice President, be and they are hereby aulhodzed and empowered to appoint Attorneys-in-fact of the Company, in Its name and as Ifs acts, to execute and acknowledge for and on its behalf as Surety any antl all bonds, rewgnizances, conVacts of indemnity, waivers of citation and all other wdOngs obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of fhe Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14,1962-Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 2""day of February 2009. b ,vYy d~ rar(< ~r A {py ~ yj ~ p t9a1 g toy{ P 1BT1 ~C V THE COMMONWEALTH OFMASSACHUSETTS ) COUNTY OF WORCESTER ) ss.. On this 2ntl day of February 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the Individuals and officers described herein, and acknowledged that lheseals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said Instrument by the authority and direction of said Corporations. ® z~q,.ra>.xt Notary!'ukltc My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resotulion of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Cttizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certihcatlon In respect thereto, granted and executed by the President or any Vice President In conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Atlopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2091 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of THE HANOVER INSURANCE COPAPANY RIASSACHUSETTS BAY INSURANCE COh7PANY C7T1 S INSU CE COtdPANY OF ~~ ~---•- Stepr .Bravl, ssrsra ice Pres nt EXFIIBIT E -ITEMIZED PROPOSAL RIVERSIDE RAILROAD QUIET ZONE PROJECT TO: CITY OF RIVERSIDE, MO 1. The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by, and in conformity with the. proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and inconsideration of the price of ~7n~ !./...,rL~ ~~ it~..Sow~ ~ S .C.Z. ~~J~~~//t/ ~ r w 4 % '~ "~acr s'a rL ~ ,n ti w ioo dollars ($ _ /S? 79Y 5'S )-for Bid Item_Numbers 1 through 48. The Contract Amotmt is subject to final determination of Work performed at unit prices set forth in this Itemized Proposal. The quantities of items of unit price Work set forth in this Proposal are estimates only, aze not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise noted in Divisions 1, 2, 3 or 4: a) determination of the actual quantities and classifications of unit price Work performed will be made by City and b) final payment for all unit priced items set forth in this Proposal will be based on actual quantities, determined by City. The tundersigned further agrees to begin upon the date stated in the Notce to Proceed, if this bid is accepted, and to complete all work as provided in Article IV of Agreement between City of Riverside, MO and Contractor. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice to Bidders and all other Bidding and Contract Documents, and that it has inspected the actual location of the -work, together with the local sources of supply, and has satisfied itself as to all conditions and quantities, and tmderstands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. Agreement - Exhibit E - Page 1 4. The undersigned hereby agrees to famish the required bonds and insurance certificates and policies and execute an Agreement within ten (10) calendar days from and after the Notice to Proceed for the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, enforcement of its rights as to bid security. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) .~ i ~~ 1 ~ Enclosed is a certified check, cashier's check or bond the amormt of .v~,% ~,> B.'o DOLLARS ($ ) which the undersigned agrees is subject to being forfeited to and becoming the property of the City as liquidated damages and not as a penalty, together with other legal remedies the City may choose to invoke, should this Bid be accepted and the Contract be awazded to this bidder and it should fail to enter into an Agreement in the form prescribed and to fiunish the required insurance, bonds and other required documents within ten (10) calendar days as above stipulated, otherwise the bid security shall be rehuned to the undersigned upon signing of the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED in , 6~ ,~,, ~ ,fi)o this2{ °~ day of ~ T~ ~~ £~ , 2009. (SEAL) Attested Tit Address L. ~ ~,- T, N.~.~ G ya ~ cR Agreement - Exhibit E Page 2 Telephone Number c4iG ~ 792-io 3 / TlEMIZED PROPOSAL ITEM NO. BIDITENIDESCRIPTION EST. QTY: ~,IT UNIT PRICE PRICE EXTENSION 1 Mobilization 1 LS z~ ooo°° .Z y, ocb. 2 Construction Staking 1 LS yon`-° y goo. ou 3 Silt Fence 750 LF ,Z °,.~ . i 9So, o° 4 Sediment Removal 15 CY .S'o °.= 750 . o0 c ~uaw tsaie 6 Sawcut 7 Concrete Removal 8 sphalt Removal 9 Curb and Gutter Removal 10 Sidewalk and Sidewalk Removal 11 Fence Removal 12 onument Pillars Removal 13 Compacting Embankment 14 Class A Excavation 15 Concrete Median (6" or 8") 16 1 1/2"Asphaltic Concrete Surface (' 17 7 1/2"Asphaltic Concrete Base (TyI 18 8" PCC Pavement 19 4" Aggregate Sub-base (AB-3} 20 Geo-grid - Subgrade Reinforcement Z1 6" Subgrade Compaction 22 Tack Coat 23 Temporary Aggregate Surfacing 24 Sidewalk Ramp 25 Temporary 5' Chainlink Fence 26 Corrugated Metal Pipe (15") 27 4' x 4' Area Inlet 28 Seeding (Mix #1) 29 Mulch and Fertilizaflon 30 Median Stripping 31 Railroad Crossing Marking 8 EA G! ~.' Y9.3. ~~ 388 LF ~~~ ~;.~ 7, y; 0 SY 102 LF ~°1 7lS, a. 9 SY ia8i9 i !s9 z~ 128 LF S ~"? ~oG . SG 3 EA 27GSe 829, 908 CY io°-° 9.oBO.oe 35 CY .3Z ~~ ~, /S/S.9o 123 SY iyy z^ !~ 7,~G.cc pe 6-Ol) 722 SY iy vY i6.yz5, c8 2-Ol) 722 SY gb z/.63l.iz 0 SY 722 SY G~ y,8ol.$0 0 SY 722 SY r o? / io 9. o y 57 Gal 6 `/? 3GS, 9 136 SY ig9g .c 7/>, z8 1 EA Gig =' Gig .~i 257 LF zoiz ,517o.gy 67 LF y ~y ,~, 957. ~'8 1 EA 1990 ~ !, 990 .9,3 0.15 AC 3SGB ~ ,~ S3.S z ~ 0.15 AC 5z~ v9 5,~5: z7 634 LF /6° ! of o 4 EA 9G3_ o~ 3.852. o S~ Agreement - Exhibit E .Page 3 TTEM BID ITEM DESCRIPTION EST' iJNIT iINIT' PRICE NO, QTY. PRICE EXTENSION 32 24 Sto Bar P 49 LF 3z =' /, S~Z. 30 33 34 4" Yellow Stripping Stop Sign Rl-1 (Remove and Replace) 861 2 LF EA ~ / =° /B7 ? /, 377. co 37 y. So 35 Speed Sib R2-1 (Remove and Replace) 1 EA ~ /B7~^ ,r~~ z 36 37 Miscellaneous Sign (Remove and Replace) Median Stay Right Sign R4-7 1 10 BA SF' ~ !87 = „~3 s-° 1725 .s3S, ca 38 Stop Here When Flashing R8-10 12 SF ~ y, is Soc,7a 39 Quiet Zone Sign ~I10-9 25 SF yi'3 .~, o y3. aS 40 41 42 43 44 Type3 ObjectMarker _ Construction Signs (Temp) _ lagger (Temp) lagger Railroad (Temp) 36" Traffic Cones 6 144 rp / ~ 69 EA z3~°S SF ~ `/? pAY ,S~ysQ DAY $800.00 EA /,3 9i . i, 380..30 9z yi y s 75+5.80 /Z, ooa. o 0 959. i9 45 Type III Movable Barricade (Perm) 3 EA 2~ y°= a yZ. °o 46 Type III Movable Barricade w/Signs and fight erm) 3 EA ZS/ys 7S5! 3S 47 28" Tubular Markers (Perm) 18 EA ~ /07 °•° i; 9~G.oo 48 Temporary Traffic Confrol (optional) _ 1 LS ~z/vo _z Z. / sio .bz TOTAL BID I .''S779y 9SI ~, :~ Agreement - Exhibit E Page 4 EXHIBIT F -PREVAILING WAGE RATES A. Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missom7. Agreement - Exhibit F Page 1 Missouri Division of Labor Standards WAGE AND HOUR SECTION JEREMIAH W. (JAS NIXON, Governor Annual Wage Order No. 16 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 Sieved by Carla Buschjost, Director Division of Labor Standards This Is A Tme And Accurate Copy Which Was Filed With The Secretary of State: March 10.2009 Last Date Objections May Be Filed: Aurii 9.2009 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE PLATTE Countv Section 083 000UPATIONALTITLE ec ive Date of Increase as c Hourly Rates ver- Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker Boilermaker Brickla ers-Stone Mason Car enter Cement Mason Electrician Inside Wireman Communication Techn(cian Elevator Constructor 109 a $32.04 $32,10 $31.55 $33.30 $24.47 $33.33 USE ELEC $38.380 52 57 58 63 65 13 TRICIAN 26 53 7 39 68 4 72 INSIDE WI 54 $20.48 $19.85 $14.40 $13.25 $17.06 $14.20 + 10% REMAN RATE $19.635 O eratin En ineer Grou I Grou II Grau III Grou III•A 4/09 4/09 4/09 4/09 $33.11 $32.30 $26.75 $30.96 85 85 85 85 4 4 4 4 $12.75 $12.75 $12.75 $12.75 Grou IV Grou V 4/09 $28.35 85 4 $12.75 Pl a Fitter 6/09 $37.73 2 33 $18.24 Glazier 4/09 $30.70 88 32 $14.35 Laborer Buildin General $24.80 30 4 $12.20 First Semi-Skilled $25.20 30 4 $12.20 Second Semi-Skilled $25.60 30 4 $12.20 Lather USE CAR PENTER RATE Linoleum La er & Cutter 4/09 $31.22 46 67 $12.95 Marble Mason 6/09 $30.89 25 4 $12.90 Millwri ht USE CAR PENTER RATE Iron Worker Painter 4/09 4/09 $27.50 $28.23 50 37 4 4 $21.50 $13.07 Plasterer $24.00 68 4 $16.55 Plumber 6/09 $37.39 45 33 $17.22 Pile Ddver USE CAR PENTER R ATE Roofer 6/09 $31.25 95 2 $12.49 Sheet Metal Worker $37.35 17 22 $14.94 S rinkler Fitter $35.25 14 4 $15.50 Terrazzo Worker 6/09 $30.89 25 4 $12.90 Tile Setter 6/09 $30.89 25 4 $12.90 Truck Driver-Teamster Grou I 4/09 $29.14 100 4 $10.45 Grou II 4/09 $29.14 100 4 $10.45 Grou 111 4/09 $29.34 100 4 $10.45 Grou IV 4/09 $29.34 100 4 $10.45 Traffic Control Service Driver $15.35 48 49 $2.71 Welders-Ace lene & Electric * Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573)751-3403. **Annualincrementalincrease *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0. 16 6/09 Building Construction Rates for Section 083 PLATTE County Footnotes ec we aslc ver- 000UPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule `Welders receive rate prescribed for the occupational title pertorming operation to which welding Is incidental. Use Building Construction Rates on Building construction In accordance with the classifications of construction work established (n 8 CSR 30-3.040(2). Use Heavy Construction Rates on Highway and Heavy construction In accordance with the classifications of construction work established in 8 CSR 30-3.040(3). a -Vacation: Employees over 5 years - 8%, under 5 years - 6% ANNUAL WAGE ORDER N0.16 3~6g REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE • BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means t(me and one-half (1 Y:) shall be paid for all work in excess of forty (40) hours per work week. NO. 2: Means the maximum of eight (8) hours shall constitute a days work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending Friday at 4:30 p.m. Because of traffic, parking or other circumstances, the hours of work on any project may be any continuous 8%s hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6;00 p.m. Monday through Thursday, with one-half (%) hour allowed for a lunch period each day. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1Y:) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and one-half (1 %) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive an additional $0.25 above the regular hourly rate and pertorm seven and one-half (7%:) hours work for eight (8) hours pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours for eight (8} hours pay. In the event a first shift is not required, a second and third shift employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. N0. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours, within five (5) days -- Monday through Friday inclusive -- shall constitute the regular workweek. The Employer may alter the above stated hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours of work in any one day. When job conditions dictate and as required by the customer, the Employer shall be allowed to establish a four (4) day, ten (10) hour per day work week. This work week is defined as Monday through Thursday, with a Friday make-up day. The normal work day under a ten (10) hour four (4) day work week shall be from 7:00 a.m. to 6:00 p.m., with a one hour starting variance. The make-up day of Friday shall be Instituted for specific reasons such as loss of production due to weather and/or holidays. All hours worked in excess of ten (10) hours per day or forty (40) hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours of overtime on Saturdays shall be paid for at one and one-half (1%) times the regular straight time rate of pay. All other work performed outside of the regularly scheduled working hours and outside of the first ten (10) hours worked on Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized holidays shall be paid for at double (2) the regular straight time rate of pay, if worked. When so elected by the contractor, multiple shifts of at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day shift' shall receive eight (8) hours pay at the regular hourly rate for eight (8) hours work. The second shift (swing shift) shall be worked between the hours of 4:30 p.m. and 12:30 a.m. Workmen on the "swing shift" shall receive eight (8) hours pay at the regular hourly rate plus 10% for seven and one-half (7 %:) hours work. The third shift (graveyard shift) shall be worked between the hours of 12:30 a,m. and 8:00 a.m. Workmen on the "graveyard shift" shall receive eight (8) hours pay at the regular houdy rate plus 15% for seven (7) hours work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half (1 %) times the "shift" hourly rate. NO. 14: Means eight (8) hours per day shall constitute a days work. The regular starting time shall be 8:00 a.m., and the regular quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regular starting time may, by mutual consent of employees on the job site, and the employer, be between 7:00 a.m. and 9:00 a.m, with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular starting Ume and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half (1'/:). All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of time and one-half (1%). Ail work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double (2) time. AW16 083 OT STIP.doc Page 1 of 6 Pagas REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00 a.m. and 3:30 p.m. and the regular work week shall consist of flue (5) consecutive eight (8) hour days of labor beginning on Monday and ending with Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. Except as otherwise provided, all work pertormed outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. Working hours may be varied by two (2) hours. When c(rcumstances warrant and when it is mutually beneficial and agreed to by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of five (5) a.m, and six (6) p.m., Monday through Thursday, with one-half (112) hour allowed for a lunch period each day. Friday maybe used as a make-up day. The make-up day will be voluntary, and a decision not to work may not be held against the employee. When working four (4) ten (10) hour days overtime will be paid at the time and one-half (1%,) rate for the eleventh (11~') and twelfth (12'") hour, all other work will be paid at the double (2) time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday shall be at time and one-half (1%) for all work. All other overtime shall be at double (2) time. The first fiwo (2) hours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and one-half (1%:). The regular workday (as previously defined) on Saturday is paid at time and one-half (1'/:). Work performed outside of the regular Saturday work day is at double (2) time. All work performed on recognized holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay. N0.25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m. to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal holidays, and employment before or after the regular working hours shall be considered overtime. Employment on Saturday, Sunday and legal holidays shall be paid for at twice (2) the regular hourly rate. Employment from 4:30 p.m. to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half (1Y) times the regular hourly rate. From 12:00 midnight until 8:00 a.m. on any day shall be paid for at twice (2) the regular hourly rate. N0.26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, Inclusive, shall be classified as overtime, and paid for at double (2} the rate of single time. The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work pertormed on Friday, Saturday, Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10) hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for all work pertormed on holidays shall be at two times (2) the single time rate of pay. NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M., except when the work week Is scheduled as a week with starting time advanced or delayed. Starting time may be advanced or delayed by the employer up to two (2) hours from the regular starting time. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and ail work pertormed on Saturday shall be paid at time and one-half (1%,) the regular rate. In the event that a scheduled eight (8) hour work day is missed (not to include holidays) because of events out of the control of the contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after the forty (40) hours in a week must be paid at time and one- half (1%=). Saturday make-up day shall not be used to make up for time lost due to recognized holidays. The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day). if using a 4-10's schedule, a Friday make-up day is allowed. If using a 4 (10) schedule, any work more than ten (10) hours in a day or forty (40) hours in a work week shall be paid at the time and one-half (1 %z) rate. Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work pertormed on Sundays or holidays shall be paid at the double (2) time rate. AW16 083 OT STIP.doc Page 2 of 6 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0.37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday make-up day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five eights" and after ten hours when working "four tens". All work performed on Sundays and recognized holidays shall be paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and one-half (1%) the regular wage rate. All night work during the regular work week other than the above-mentioned days shall be paid for at the rate of time and one-half (1%z) the regular wage scale until midnight and double (2) time after midnight except make-up time will be allowed under the following condition: in the event of inclement weather on exterior projects which prevents working the full regular eight (8) hour day, forty (40) hour work week schedule, a Saturday make-up day can be granted. Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of forty (40) hours per week. NO. 45: Means eight (8) hours shall constitute a day's work, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 430 p.m. Friday. Because of traffic, parking and other circumstances, the hours of work on any project may begin as early as 6:00 a.m. with eight (8) hours worked between 6:00 a.m. and 430 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1%) times the regular rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one-half (1 %:) the regular rate of pay. Sunday and recognized holidays shall be paid at double (2) time. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight (8) hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eight hours paid) shall be twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours worked, eight hours paid) shall be fifty cents ($0.50) above the hourly rate. !f no first shift is worked, second and third shift employees shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours worked. NO. 46: Means the regular work day shall be eight (8) hours from 6:00 a.m. to 6: 30 p.m, Starting time may be between 6:00 a.m. and 10:00 a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 10:00 a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m, on Friday. All hours in excess of the regular work day and work week shall be considered overtime. Overtime on days recognized as regular work days and on Saturday shall be paid for at the rate of time and one-half (1'/:) the regular rate. Sunday and recognized holidays shall be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours at straight time rate of pay. The 4-10's must run for a period of at least four (4) days. NO. 46: Means the regularly scheduled work week shall be five (5} consecutive days, Monday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a days work. Starting time shall not be earlier than 7:00 a.m, nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one- half (1%) will ba paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one-half (1%) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday wilt be time and one-half (1 %z) unless time has been lost during the week, in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. If employees work on any of the recognized holidays, they shall be paid time and one-half (1 Y:) their regular rate of pay for all hours worked. NO. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours will normally be paid at time and one-half (1%:) except for exclusions stated in some following additional sentences. The Employer, at his discretion, may start the work day between 6:00 a.m, and 9:00 a.m. Any schedule chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule is employed, then Friday may be used as a make-up day when time is lost due to inclement weather. Time and one- half (1Y:) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday unless working 4-10's, then time and one-half (1 Y:) after ten (10) hours. All work performed on Saturday will be time and one- half (1 %:). Double (2) time shall be paid for all work on Sundays and recognized holidays. AW16 083 OT STIP.doc page 3 ots Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0.52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular workday shall consist of a eight (8) hour period, to be worked between the agreed upon starting time, and ending no later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m. The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be used. Once this clause has been put into effect, It shall remain as long as the majority of the Employees on the project and the Employer agree to keep it. The four (4) day clause shall not be used to circumvent a Holiday. Except as otherwise provided, all work performed outside the regular working hours and performed during the regular work week (Monday through Friday) shall be at the following rates of pay: Holidavs-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days observed as such) shall be recognized as Holidays that shall be paid at two (2) times the regular rate of pay. Labor Dav-No work shall be performed on Labor Day except in special cases of emergency. Rate of pay shall be at three (3} times the regular rate of pay. Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8) hour period, to be worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested party's.), shall be: A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-half (1'/s). All other overtime will be paid at the double (2) time rate. B. The first ten (10) hours worked on Saturday will be paid at time and one-half (1%), with all other hours to be paid at the double (2) time rate. C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40j hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and one-half (1%) except in cases where work Is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) time rate of pay. N0.58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight (8} hours per day or eight hours beyond normal starino time for that project excluding lunch Monday through Friday, and all work performed on Saturday, shall be paid for the rate of time and one-half (1%:). When Sundays and recognized holidays are worked, the worker(s) shall be paid at the rate of double (2) time. Work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule at straight time. A Friday make-up day is available if time is lost due to inclement weather and at least sixteen (16) hours, but not more than thirty (30} hours, were worked during the week. NO. 63: Means eight (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1%). All work pertonned on Saturday shall be paid at time and one-half (1'/s). All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one- half (1 %:) the regular rate. AW16 083 OT STIP.doC Page 4 ot6 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION N0.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one-half (3%) and five (5) hours after starting time. The starting time may be advanced by two (2) hours or delayed one (1) hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1%:). Work performed outside these hours shall be paid at the overtime rate of time and one-half (1'/:), except as provided otherw(se below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.m. and all time, after the normal quittlng time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. Ail work pertormed prior to or after the regular eight (8) hour work day, as described above, and all work performed on Saturday shall be paid at time and one-half (1%) the regular rate. in the event that a scheduled eight (8) hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on tha following Saturday. It is recognized that not ail employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty (40) hours must be paid at time and one-half (1 Y:). The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed. N0.68: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one-half and five hours after starting time. The starting time may be advanced or delayed by the employer up to one hour from the regular starting time. All work performed before the advance starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half (1 %). Work performed outside these hours shall be paid at the overtime rate of time and ona-half (1%:), except as provided otherwise below. All work performed on Sundays or holidays shall be paid at the double (2) time rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above, and all work pertormed on Saturday shall be paid at time and one-half (1%) the regular rate, except as hereinafter descdbed. in the event that a scheduled eight (8) hour work day Is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. it is further recognized that any work after forty (40) hours must be paid at time and one-half (1'/s). The employer may establish a 4-10's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed. N0. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall constitute a day's work to begin between 6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during their lunch period shall receive the overtime rate. Employees shall receive time and one-half (1 %:) for all time they are required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through Friday, or all day on Saturday. If an Employer has started the work week on a five day, eight hours a day schedule, and due to inclement weather misses any time, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up for the lost time (10-hour make-up day). All work over ten (10) hours a day or over forty (40) hours a week must be paid at time & one-half (1'/:). Sundays and recognized holidays shall be paid at the double (2) time rate of pay. A contractor may alter the regular work week to four (4) ten (10) hour days at straight time rate of pay. To do this the scheduled 4-10's must be worked at least one full week and the regular workweek shall be Monday through Thursday with Friday being amake-up day at straight time for days missed in the regular workweek due to inclement weather. if 5-8's are being worked, Saturday may be used as a make-up day at straight time if inclement weather prevents work during the normal work week. AW16 083 OT STIP.doc Page 5 of 6 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE • BUILDING CONSTRUCTION N0. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 p.m., Monday through Friday, except when the work week is scheduled as a 4-10's week or as a week with start time advanced or delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m. The advanced or delayed starting time must run for a period of at (east five (5) days. The Employer may establish a work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at straight time. The 4-10's must run for a period of at least four (4) days. Time and one-half (1'/s) shall be pa(d for any work in excess of eight (8) hours in any regular work day Monday through Friday (or ten hours in a 4-10's week), the first eight (8) hours of a Saturday, and it shall be at time and one-half (1%) for the Friday and Saturday following Thanksgiving. Double (2) time shall be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of eight (8) hours on a Saturday and the Saturday of athree-day weekend (except the Saturday following Thanksgiving). N0.95: Means a regular workday shall consist of eight and one-half (8%) hours elapsed time, including one-half hour for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m, Any work performed over ten (10) hours of elapsed time per day including one-half hour for lunch and/or any work performed over forty (40} hours at the straight time rate in one week shall be paid at time and one-half (1%) the straight time rate. Saturday shall be a voluntary make-up day at straight time at the discretion of the contractor and with the consent of the employees. Sunday and recognized holidays shall be paid for at double (2) time. NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-hour days shall constitute a week's work, Monday through Friday. Time and one-half (1%:) the regular hourly rate shall be paid for all work performed in excess of eight (8) hours In any one day or forty (40) hours in any one week. Starting time shall be between 6:00 a.m. and 9:00 a.m. All work over eight (8) hours in a regular 5-day 8-hour schedule shall be at the appropriate overtime rate. All time worked before the regular scheduled starting time shall be paid for at the rate of time and one-half {7 Ya) and shall not apply tc regular shift, All time worked after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1Ys) rate. An Employer, at his option, may elect to work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at least one week in duration. All work over ten (10) hours in one day or forty (40) hours in a week shall be at the overtime rate. Any employee who is scheduled to work on any regular work day but is prevented from working because of weather conditions, shall be permitted to work on Saturday (Friday if working 4-10's) as a make-up day at the straight time rate of pay. When an employee is required to work on any recognized holiday they shall receive the double (2) time rate for ail time that they are required to pertorm work. All time worked from 12:00 Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double (2) time on single shift. AW16 083 OT STIP.doc Page 6 of 6 Pages REPLACEMENT PAGE PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION N0.2: All work performed on New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. N0.4: Ail work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. N0.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Chdstmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. N0.22: All work pertormed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work pertormed on holidays shall be paid at the double (2) time rate of pay. N0.32: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half (1Y) rate of pay. All work pertormed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on Saturday, the preceding Friday shall be observed. N0.33: All work done on New Years Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double tlme rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. N0.39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. N0.49: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday, If employees work on any of these holidays they shall be paid time & one-half (1'/z) their regular rate of pay for all hours worked. N0.53: Ali work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. ANNUAL WAGE ORDER NO, 16 AW016 083 BHoI STIP.doc Page 1 of 2 Pages REPLACEMENT PAGE PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION N0.67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered optional holidays, and if the Employer and employees agree that work will be performed on that day, no premium pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday, the holiday will be observed on Monday. N0.68: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours (n that week shall be paid at the rate of time and one-half (1 %:). N0.72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double (2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be observed on the prior Friday and paid for at double (2) the regular straight time rate of pay, if worked. No work shall be performed on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO. 16 AWOt6 083 BHoI STIP.doc Page 2 of 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 063 PLATTE County 000UPATIONALTITLE ec Ive Date of Increase aslc Hourly Rates ver- Tlme Schedule Holiday Schedule Total Fringe Benefits CARPENTER Journe man 4/09 $33.30 1 17 $13.25 Millwri ht 4/09 $33.30 1 17 $13.25 Pile Driver Worker 4109 $33.30 1 17 $13.25 OPERATING ENGINEER Grou I $31.09 3 2 $12.87 Grou II $30.05 3 2 $12.87 Grou III $30,05 3 2 $12.87 Grou IV $25.58 3 2 $12.87 Oiler-Driver $28.93 3 2 $12.87 CEMENT MASON $24.02 3 2 $16.38 LABORER General Laborer $26.03 3 2 $11.14 Skilled Laborer $27.24 3 2 $11.14 TRUCK DRIVER-TEAMSTER Grou I $28.21 3 2 $10.65 Grou II $28.21 3 2 $10.65 Grou III $28.21 3 2 $10.65 Grou IV $28.21 3 2 $10.65 Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet. *Annual Incremental Increase ANNUAL WAGE ORDER N0. 16 6/09 PLATTE COUNTY OVERTIME SCHEDULE -HEAVY CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %:) shall be paid for all work In excess of forty (40) hours per work week. N0. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or delayed by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10} project will be paid at the rate of time and one-half (1 %:). All work performed on Saturday shall be paid at time and one-half (1%:}. All work performed on Sundays and recognized holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-half (1%:) the regular rate. N0.3: Means a regular work week shall consist of not more than forty (40) hours of work and ail work performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of time & one-half (1%). Workers shall receive time and one-half (1%) for all work performed on Sundays and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized holidays when and only if any other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work, In which event, the starting time may be delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rata of time and one-half (1 Y:). ANNUAL WAGE ORDER NO. 16 AWOt6 083 HOT.dx Paga 1 0( t PLATTE COUNTY HOLIDAY SCHEDULE -HEAVY CONSTRUCTION N0.2: All work pertormed on New Years Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of time and one-half (1%). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or holiday work. No work shall be pertormed on Labor Day, except In case of jeopardy of life or properly. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified holidays falls or is observed during the work week, then ail work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1%). NO. 17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-halt (1 %). AWOt6 083 HHol.doc ANNUAL WAGE ORDER NO. 16 Page 1 of t OUTSIDE ELECTRICIAN These rates are to be used for the following counties: Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and Saline COMMERCIAL WORK Occu ational Title Basic Total Hourl Frin e Rate Benefits Journe an Lineman $36.19 $4.75 + 34% Lineman O erator $33.77 $4.75 + 34% Groundman $23.98 $4.75 + 34% UTILITY WORK Occu ational Title Basic Total Hourl Frin e Rate Benefits Joume an Lineman $33.45 $4.75 + 34% Lineman O erator $30.92 $4.75 + 34% Groundman $21.56 $4.75 + 34% OVERTIME RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall consttute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the Gvork week. Starting time maybe adjusted not to exceed two (2) hours. Work performed outside of the aforementioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. The overtime rate of pay shall be one and one-half (I'/:) times the regular rate of wages, other than on Sundays, holidays and from Midnight unti16:00 a.m., which will be paid at double (2) the shaight time rate. HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time rate of pay. ANNUAL WAGE ORDER NO. 16 3rov KC ZONE 1 AW 16.doc AUTHORIZATION TO INSERT DATE OF CONTRACT IN BONDS City of Riverside 2950 NW Vivion MO 64150 RE: Damon Pursell Construction Company -Bond No. 1887842 Gentlemen: The undersigned is an authorized representative of The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 01653 ,Surety for Pursell Construction Contractor, for and during the entire period of Riverside Railroad Quiet Zone Authorization is hereby given by the Surety to the of Riverside , to insert the date of the execution of the Contract on both the Bonds and Powers of Attorney. The Hanover Insurance Company __ Surety /~, (seall 10/05/2009 Denise A. Iverson Attorney-in-fac THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Mary S. Wilcox, Denise A. Iverson, D.C. Pruett, Matthew J. Miller, Sean R. Mlller and/or Dale A. Gabauer of Kansas City, MO and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single Instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vce President, in conjunction with any Assistant Vice President, be and they are hereby authonzetl and empowered to appoint Attorneys-In-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such wn6ngs so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected ofFlcers of the Company In their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted Apnl 14, 1882 -Massachusetts Bay Insurance Company; Adopted September 7, 2091 -Citizens Insurance Company ofAmedca) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 2n° day of February 2009. HANOVER INSURANCE COMPANY SSACHUSETTS.9AYINSURANCE COMPANY.".' IZ~S~SURANCE COt`MP~ANj~Y~OF AMERICA yJeanne devSon,VcePreF~t Qr -.. ~j THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 2nd day of February 2009, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. ~ ~ ~ 1~ f XJ [~'~ ~} [e ~1 nw /i7i~y~\ rwn , .~ r. - _. . . , c~.~.w n Nofary 1}ubfic xrcaw+®narwrxwr,m My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Coples of such Powers of Attorney and certification in respect thereto, granted antl executed by the President or any Vice President in conjunction with any Assistant Uce President of the Company, shall be binding on the Company to the same extent as If all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Atlopletl September 7, 2001 - Ci6zens Insurance Company of Amedce) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 5th day of October , 2009 THE HANOVER INSURANCE COfAPANY MASSACHUSETTS BAY INSURANCE COMPANY CITI S INSU CE COM ANY OF U. ERICA r. Sfep± . eravl, ssisfant ice PresN'Fnf MISSOURI DEPARTMENT OF~REVENUE ~'°'~:. M Fo~ TO BE GIVEN TO , {~ CUSTOMER SERVICES DIVISION C rJOVO YOUR CONTRACTOR ~'~' PROJECT ~ MPTION CERTIFICATE (REV. 10.2005) NAM EXFIAPT EMPTY ISSUI G FICATE MIESOUAI TAX EXEMPTION NUMBED ~~~ / ADDA SS ~ CITY G ZIP ~/ / ~_ !1 / BEGIN FOR PROJECT PAOJEC E CO PL DATE PROTECT MBER ~~~ /-o ~o- . o DESCAIPTI OF PAOJEbT ~` P E TION I I EXPIRATION DATE ~ ^/y / / ' to each contractor and/or e r Give a signe copy of this certit ate, along wish a copy o your tdlssourl Sales/Use Tax Exemption Lett subcontractor who will be purchasing tangible personal property for use In this project. It Is your responsibility to ensure the validity oft certificate, You st Issue a new certificate It any of'the information changes. EXE PT 'S AUTHO ZED ATURE~ DATE / D /D- The MI oud exempt entity named above hereby aufhodzes the pu ase; without sales lax, of tangible personal property fo be Incorporated or consumed In the conslruo- Lion pro)ect Identi0ed hereN eh no other, pursuant to Sectbn 14 2, RSMO. NAM P Pt1ACFiASINO RACTOR OR S ONTRACT R « ~ Contractor/Subcontractor present this to your supplier in t . xem p order to purchase the necesserymaterials taze r ~ ~ ADD SS ~/ ' / ' ~~ ~ ~(~// / / / / C.L/~~~ TA ZIfU T~(!iG Mosso-aanz tio-zoosl Is publication Is available upon request In aiternatlve ac ssibia format(s).