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HomeMy WebLinkAbout2009-150- Demolition ServicesBILL NO. 2009-150 ORDINANCE NO. 2009-150 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR DEMOLITION SERVICES FOR THE RIVERSIDE CITY ANNEX WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and engaged in negotiations with HECO Inc. ("HECO") for provision of demolition services related to the Riverside City Annex building (the "Services"); and WHEREAS, the City and HECO have reached an agreement concerning the provision of and payment for such Services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of improving City property. Section 2. The City of Riverside shall enter into an agreement whereby HECO shall provide the Services to the City at a total cost of $17,000 (the "Agreement"). Section 3. The execution and delivery of the Agreement, in substantially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as 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. ~~°~ Mayor Kathleen L. Rose AT ES City Clerk AGREEMENT BETWEEN CITY OF RIVERSIDE AND ~~~o~c CONTRACTOR: ORDINANCE NO.: CONTRACT PRICE: FOR COMPLETION OF RIVERSIDE CITY ANNEX DEMOLITION ~I~;c~ ~~-~c ~~- ~~~~ Agreement 00400-I AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR RIVERSIDE CITY ANNEX DEMOLITION THIS AGREEMENT, made and entered into as of the 'day of 2009, by and between the City of Riverside, Missouri ("City"), and ~' ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHERE S, Ciro, under the provisions of Ordinance No, c~f~09~,~ ,duly approved ~a~~r ~~ .~ ~Q~~' and by virtue of the authority vested in City by the general or~d nances of City, intends to enter mto one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I 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) to this Agreement and the 00400-2 Agreement other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project 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~nd every obligation of ntractor under th~JCnntract Documents, City shall pay Contractor the sum of ~~ o~~ Dl/~~_ _ Dollars ($ J ~~~0 .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. Payment at the respective lump sum price set forth in Exhibit D 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 D. 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 price set forth in Exhibit D. All Work not specifically set forth in Exhibit D 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 price set forth in Exhibit D. C. 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 ayment under this Agreement shall not exceed the appropriation contained in Ordinance No. ~~~/ ~ /~ /J' 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 raider 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. Agreement 00400-3 B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) of all the Work in Phase I, as described in Exhibit A (Scope of Work), not later than December 11, 2009. 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 Conhactor 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 C does not preclude Conhactor 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 fiequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for• Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Contract Documents. F. In the event Administrator determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Conhactor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. G. Contractor shall submit to City for review and approval all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Agreement 00400-4 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: This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. PERFORMANCE BOND (Exhibit B to this Agreement). 4. PAYMENT BOND (Exhibit C to this Agreement). 5. PROPOSAL (Exhibit D to this Agreement). 6. PREVAILING WAGE RATES (Exhibit E 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 PAYMENTS A. Prior to submitting its first application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the fast day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Agreement 00400-5 Application shall not include a request for payment for any portion of the Work that was performed or famished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier from such payment. Contractor shall include with each Application all supporting documentation as City may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all supporting documentation to City's designated representative, provided all Work and documentation are acceptable to City. Within 15 days of its receipt of payment from City, Contractor shall pay all subcontractors and suppliers to whom payment is owed 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 retainage until Substantial Completion of all the Work, as defined in Pazagraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage) payable out of the funds in the City Treasury available for Contractor under Ordinance No. ~a~ ~ `~ .Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accorduice with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work performed or materials supplied included on any previous payment application to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any and all claims or rights in connection therewith. F. Contractor's retainage shall not be released until Contractor notifies City's designated representative in writing, and Adminishator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Administrator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item, as determined by Adminishator, 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. Agreement 00400-6 H. Acceptance of fmal 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 fmal payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold fmal or any other payment to Contractor on any reasonable basis, including but not limited to the following: Unsatisfactory job progress, 2. Defective Work, Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or Contractor's failure to provide requested documentation. J. If Contractor does not pay subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the Contract Amount. This provision shall not confer any right upon any subcontractor or supplier to seek payment directly from City. ARTICLE VI CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: If the Work is covered by unit prices set forth in Exhibit D, 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 D, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or Agreement 00400-7 3. If the Work involved is not covered by unit prices set forth in Exhibit D 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 Contractor's performance, a reasonable allowance on the net increase for overhead and profit, subject to the following: Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of expenditures and savings together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Conhactor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Conhact 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 Conhactor 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 00400-8 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 fiom proceeding with prosecution of the Work, including any Work as changed. ARTICLE VII INSilI2ANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 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: e Blanket contractual liability • Products/completed operations ~ ~ (O ~ ~(~ ~ J~ • --P~o~~~'~'°d~rticing-injury---° • Broad form property damage • .-Independent-eentracters~~.. ~- ~~. • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non- owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non-owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. WORKERS' COMPENSATION AND EMPLOYER'S shall protect Contractor against all claims upde. compensation laws. Contractor also shall be protectec coverage against claims for injury, disease, or death reason, may not fall within the provisions of a workers' shall not be less than the following: a. Workers' Compensation b. Employer's Liability: e Bodily injury by accident Statutory LIABILITY -This insurance applicable state workers' through employer's liability ~f employees which, for any compensation law. The limits $1,000,000.00 Agreement 00400-9 • 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 or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained 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 operations hazard. ~~ ~~ t 0 ' 1 bC. -Geutraste ~`-~I-r.,~tain-thg-preduets-and-completed-opEratiz~nszoverage-for-no~less than-teri year-s-~fte~he-date-ef-fn3al-aeeeptanee-by-City-ef ~'n.l-ofiContraeter'-stork: 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, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph D, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than 30 days' prior written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates 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. Agreement 00400-10 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 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 orily to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this 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 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 fiom and against any claim, action or suit that may be brought against them for Conhactor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or• recovered against any of them, on account of any such actual or alleged infringement. Agreement 00400-11 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 fum 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 fmal payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all applications for payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Conhactor'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 and Payment Applications: For Ci Forte actor: /~ , David Blackburn _ _ ~ ~/< <'~ '~ ~"S ''~ City Administrator ~ ~ / City of Riverside, MO 1 ~ ~ f D ~ C , 2950 NW Vivion // t~ ~".~ Riverside,M064150 ~y ~l~~~PS //i .Sv,~ Agreement 00400-12 ~i6 ~ yes, Zss o B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been given when it is received at the address stated above for the addressee or at such other address as the addressee may furnish the other party. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIII DErAULT 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 arty part or all of the Work and take over and complete the performance of such Work, through City or others, at Contractor's expense. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims maybe 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. Agreement 00400-13 D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. ARTICLE XIV TERMINATION FOR CITY'S CONVENIENCE City may, at any time, for any reason, and without Contractor's being in default, terminate ConUactor'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 temrination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. ARTICLE XV COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules, regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement Agreement 00400-14 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 Conhactor 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 assignrent shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XVII ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or• approval of Work unless specifically stated in writing. Conh•actor 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. Agreement 00400-15 ARTICLE XVIII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIX WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. If any defects in the Work are discovered within one year from final completion of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Conhactor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XX STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Conhactor. ARTICLE XXI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on-site or off-site locations for use in performance of the Work, and (3} other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. Agreement 00400-16 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 Conhact 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 Conhactor 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 notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXIV BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Adminishator, a performance bond and a payment bond, in the forms at Exhibits C and D to this Agreement. Each such bond shall be for the full Contract Amount. The premium for these 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 through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Agreement 00400-17 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 parry its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXVIII TITLES The titles given to the Articles in this Agreement aze for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXIX ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between theparties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. ATTES. D: CI Y CLERK Agreement CITY OF RIVERSIDE By: ~• MAYOR Title: ~--e S 00400-18 (Signat~re) / Printed Name: ~ ~1.,n c t l~v~s ]co ~. EXHIBIT A-SCOPE OF WORK Contractor shall perform the following Work: All Work necessary for the demolition of the City Hall Annex located at 3050 NW Vivion Road. The Work includes the following items: 1. Demolition of building shucture 2. Demolition of specified asphalt and concrete pavement 3. Demolition of building foundation 4. Removal and capping of on-site utility connections 5. On site grading and seeding as specified 6. Removal of all debris Bond # GRM014092 EXHIBIT B -PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RNERSIDE AND CONTRACTOR, dated October 8 2009, designated Ordinance No. ~C~ `~~ in every particular, Heco, Inc. as Principal, and Granite Re, Inc. , as Surety, hereby bind themselves and their respective heirs, execufors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Seventeen thousand and no/100 dollars ($17,000.00) lawful money of the United States, conditioned that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its obligations and duties pursuant to the terms of the Contract Doeuments, including, without limitation, all warranty obligations and duties and including those under which Prhrcipal ag~ees to pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missour9 or by fmal judicial deternrinatiou pursuant to the provisions of Sections 290.210 to 290.340 and 290.550 through 290.SSQ, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of fnne, alienation or addition to the terms of the Contract Documents or fo the Work to be performed thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the \Vork. Agreement - Exhibit B Page 1 Heco, Inc. PRINCII'AL By: C, .) ~s g afore / Printed Name: C..~c•t ~~NSPy~--- Title: ~/rs. Date; /D - / /`' O `) Granite Re, Inc. P~7nted Name: Kimb-erly R. Title: Attorney-in=Fact Date: to r , SURETY PO'4VER OF ATTORNEY MUST BE ATTACHED Agreement - Exhibit B Page-2 `GRANITE RE, WC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the Taws of the State of OKLAHOMA and having its principal office at the Citypf OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: LARRY K. HUDDLESTON; PAUL S. RAMM; ROBERT W. KAELIN; HEIDI A. WALKER; SCOTT K. BURNHAM SR.; KIMBERLY R. LANE; HEATHER R. HAYNES; KATHLEEN M. BEAMIS; TRAVIS E. BARKER; DEBORAH D. CRIST; MINDY GOSS its true andlawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms aII and whatsoever the said:. LARRY K. HUDDLESTON; PAUL S. RAMM; ROBERT W. KAELIN; HEIDI A. WALKER; SCOTT K. BURNHAM SR.; KIMBERLY R. LANE; HEATHER R. HAYNES; KATHLEEN.M. BEAMIS; TRAVIS E. BARKER; DEBORAH D. CRIST; MINDYGOSS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, 1NC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer, this 11 `h day of February, 2008... .MtERE,h /~/ J OYeowW,p C Kenneth D. Whittin on, President STATE OE OKLAHOMA ) s E a L i COUNTY OF OKLAHOMA) Rodm n A. Frates, SecretarylTreasurer On this 11's day of February, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary~Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. N AbFq I HOiM C O My Commission Expires: May 9, 2012 ,~ No ry Pubhc 005708 F s Commission #: 00 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc, and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint 'individuals as attorneys-in-factor under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;. provided, however, that the seal. shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 15th day of Oc=tober , zo ~9 oa;"~ ~£ ~~~- SEAL ~~ oK dman A. Frates, Secretary/Treasurer GR0800 1 Bond # GRM014092 EXHIBIT C-PAYMENT BOND Heco, Inc. and the CITY OF RIVERSIDE, MISSOURI, have entered into art Agreement dated October 8 _ 2009, designated Ordinance No. ~ - 1".~~D Heco, Inc. , as Principal, and Granite Re, Inc. , as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, Missouri, in the penal sum of Seventeen thousand and no/100 ($17,000.00) lawful money of the United States, conditioned that in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of 4vorker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Secfions 290A10 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all anronnts due for material, machinery, equipment and tools, consumed or used in connection 4vith the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full fo;ce and effect, and the same may be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on Agreement - Exlibit C Page 1 this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. Heco, Inc. PRIlVCII'AL / By: L . 1 sG~-- (Signature) Printed Name: Title: ~'~S . Date: /e - i 7 -o Granite Re, Inc. SURET By: Painted Name: Title: Attor Date: Octol; SORETY POWER OF ATTORNEY M[TST BF ATTACHED Agreement - Exhibit C p~e_~ GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: ThaLGRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the Cityof OKLAHOMA CITY in the State of OKLAHOMA. does hereby constitute and appoint: , LARRY K. HUDDLESTON; PAUL S, RAMM; ROBERT W. KAELIN; HEIDI A. WALKER; SCOTT K. BURNHAM SR.; KIMBERLY R. LANE; HEATHER R. HAYNES; KATHLEEN M. BEAMIS; TRAVIS E. BARKER; DEBORAH. D. CRIST; MINDY.GOSS its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: LARRY K. HUDDLESTON; PAUL S. RAMM; ROBERT W. KAELIN; HEIDI A. WALKER; SCOTT K. BURNHAM SR,; KIMBERLY R. LANE; HEATHER R. HAYNES; KATHLEEN M. BEAMIS; TRAVIS E. BARKER; DEBORAH D. CRIST; MINDY GOSS may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and SecretarylTreasurer, this 11 `^ day of. February, 2008. ,(/ i Tcgg ~((/~ W ~l~i Kenneth D. Whittin on, President STATE OF OKLAHOMA ) s E a L SS: R,,.,.. ~ ~~-- Rodman A. Frates, Secreta /treasurer COUNTY OFOKLAHOMA ) ~ ry On this 11'^ day of February, 2008, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Rodman A. Frates, Secretary/Treasurer of said Company, with both of evhom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the Secretary/Treasurer of the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. np ~.Y~~o.Mrq<m My Commission Expires: May 9, 2012 ~r ,~ No ry Public Commission #: 00005708 ~ GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 15th day of October ,20 09 . ,rE~ ~j o Vu C /~ 1 i S E d'L /~ / oK dman A. Frates, Secretary/Treasurer GR0800-1 HECOINC-01 BRSH ACORD~, CERTIFICATE OF LIABILITY INSURANCE D10/15/2009 ) PRODUCER (816) 233.0201 CBIZ Insurance Services Inc. 218 S. 7th St THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 67 Saint Joseph, MO 64501-0067 INSURERS AFFORDING COVERAGE NAIC # INSURED Heco, Inc. INSURERA: United Fire & Casualty Company 600 Haines Dr Ste B INSURER B:Accident Fund Insurance Company of Am Liberty, MO 64066- INSURERC: INSURER D: INSURER E: COVFRAr.FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' POLICY NUMBER POLICY EFFECTIVE PpLICE E%PIDp TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCV\L GENERAL LIABILITY 60347210 5@2/2009 5/22/2010 PREMISES Ea occurence S 100,00 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ S,OO PERSONAL&ADV INJURY 5 1,000,00 GENERAL AGGREGATE S 2+000,00 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 2,000,00 POLICY X PEO LOC AUT OMOBILE LIABILITY COMBINED SINGLE LIMB 5 1,000,00 A X ANY AUiO 60347210 5/22/2009 5/22/2010 (Ea accidenp ALL OWNED AUTOS BODILY INJURY 5 SCHEDULED AUTOS (Per person) HIREU AUTOS BODILY INJURY S NON-OWNED AUTOS (Per acdtlenq PROPERTY DAMAGE (Per accidenq 5 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACC S AUTO ONLY: qGG 5 EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ S,000,OO A X OCCUR ~ CLAIMS MADE 60347210 5/22/2009 5/22/2010 gGGREGATE S S,000,OO 5 DEDUCTIBLE 5 RETEMION S S WC STATU- OTH- X WORKERSCOMPENSATIONAND TORY LIMBS ER B EMPLOYERS'LIABILITY WCV6OZOO26 5/12/2009 5/12/2010 E.LEACHACCIDENT $ SOO,OO ANY PROPRIETOR/PARTNER/EXECUTIVE SOO OO OFFICER/MEMBER EXCLUDED4 E. L. DISEASE-EA EMPLOYEE , S If yes, describe under SPECIAL PROVISIONS below EL.DISEASE-POLICY LIMIT 500,00 5 OTHER A Contractor's Equipment 60347210 5/22/2009 5/22/2010 31,5Be,sz A Leased & Rented Equipment 60347210 5/22/2009 5/2212010 Szoo,oa DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS aiver of Subrogation in regards to General Liability and Automobile liability is in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE E%PIRATION City of Riverside DATE THEREOF, THE ISSUINGINSUREftVHLLENDEAVORTOMAIL 3O DAYS WRITTEN 3050 NW Vivion Riverside, MO 64150- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATNE ~ h g ~tl~, / ACORD 2b (2001/08) ©ACORD CORPORATION 1888 HECOINC-01 BRSH 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 D -PROPOSAL VIVION ROAD (QUIKTRIP TO ASPEN DRIVE) PROJECT TO: CITY OF RIVERSIDE, MO The undersigned bidder hereby proposes to famish 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 in consideration of the price of '' ~-iv Q~,ls .dollars ($ ^ ~ o2Sb . pz' ) The Contract Amount is subject to final determination of Work Performed at unit prices set forth in this Proposal. The quantities of items of unit price Work set forth in this Proposal are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (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 price items set forth in this Proposal will be based on actual quantities, determined by City. The undersigned further agrees to begin upon the date stated in the Notice 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 understands that in signing this Bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to furnish the required bonds, insurance certificates and policies, and work authorization affidavit and documentation 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. 5. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following addenda (complete) Agreement - Exhibit D Page 1 Enclosed is a certified check, cashier's check or bid bon in the amount of DOLLARS ($ ij°Zo )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 awarded to this bidder and it should fail to enter into an Agreement in the form prescribed and to furnish the required insurance, bonds and other required documents within ten (10) calendu• days as above stipulated, otherwise the bid security shall be returned to the undersigned upon signing of the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED in this ~ day /of ~/ ~a'J~~ , 2009. l~~ G d `~G • L. » ~l"dti ~~ Contractor ~~~~~ Title (SEAL) Attested Title F.co ~f-h~,iy~~ ~tu~, Su:~f~-~ (~1~=~~;,~tol~f~3 Address ~(1~~4~5 ~ZA-~ Telephone Number Agreement - Exhibit D Page-2 EXHIBIT E-PREVAILING WAGE RATES A. Special Waae Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. Agreement - Exhibit E Page 1 Missouri Division of Labor Standards WAGE AND HOUR SECTION JEREMIAH W. (JAY) NIXON, Governor Ann al age er o. 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 Indusfrial 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. Orieinal Signed by Carla Buschjost, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2009 Last Date Objections May Be Filed: Anril 9, 2009 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County 000UPATIONALTITLE E ectve Date of Increase Basc Hourly Rates ver- Time Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker $32.04 52 53 $20.48 Boilermaker $32.10 57 7 $19.85 Brickla ers-Stone Mason $31.55 58 39 $14.40 Car enter 4/09 $33.30 63 68 $13.25 Cement Masan $24.47 65 4 $17.06 Electrician Insfde Wireman $33.33 13 72 $14.20 + 10% Communication Technician USE ELEC TRICIAN INSIDE W IREMAN RATE Elevator Constructor a $38.380 26 54 $19.635 O eratin En ineer Grou I 4/09 $33.11 85 4 $12.75 Grou II 4/09 $32.30 85 4 $12.75 Grou III 4/09 $26.75 85 4 $12.75 Grou III-A 4109 $30.96 85 4 $12.75 Grou IV Grou V 4109 $28.35 85 4 $12.75 Pi e Fitter 6/09 $37.73 2 33 $18.24 Glazier 4/09 $30.70 86 32 $14.35 Laborer Build(n 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 Miliwri ht USE CAR PENTER RATE Iron Worker 4/09 $27.50 50 4 $21.50 Painter 4/09 $28.23 37 4 $13.07 Plasterer $24.00 68 4 $16.55 Plumber 6/09 $37.39 45 33 $17.22 Pile Driver USE CAR PENTER RATE 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 III 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 Iene & 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. **An nual Incremental Increase `SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 16 6109 Building Construction Rates for PLATTE County Footnotes Section 083 OCCUPATIONAL TITLE ~ InOcrease I Rates S hedulel Schedule) Total Fringe Benefits * 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 classifcations of construction work established in 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 NO. 16 3109 REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 ''/z) 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 day's work beginning at 8:00 a.m. to 12:00 noon, 12:30 p.m. to 4:30 p,m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 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% 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 (1 %:) 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 perform seven and one-half (7%) hours work for eight (8} hours pay. Third shift employees shall be paid an additional X0.50 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 fhird shift employee shall receive an additional 15% of the base rate and receive pay for actual hours worked. NO. 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 durat(on 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 hourly 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. N0.14: Means eight (8) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and the 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 quilting time and lunch time. All time worked before the regular starting time 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%:). All work commencing with the beginning of the established work day on Sundays and/or Holidays shall be paid at the rate of double (2) time. AW 16 083 OT STIP.doc Page 1 of 6 Pages 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 five (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, ail work performed 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 circumstances 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 (1/2) hour allowed for a lunch period each day. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not to work may not be held against the employee. When working 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 two (2) hours of overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at time and one-half (1'/). The regular workday (as previously defined) on Saturday is paid at time and one-half (1Y:). 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 (1%:) 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 performed 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 performed 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 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 to include holidays) because of events out of the control of the contractor, then that missed work day maybe 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%) rate. Friday make-up day shall not be used to make up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2) time rate. AW16 083 OT STIP.doc Page 2 of s 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 e(ght (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'/:) 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 days 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 4:30 p.m. Friday. Because of traffic, parking and other circumstances, the hours of work on any project may begin as early as 6:00 a.m. with eight (8) hours worked between 6:00 a.m. and 4:30 p.m. When circumstances warrant and when it is mutually beneficial and agreed to, the employer may 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. If no first shift is worked, second and third shift employees shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours worked. 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 (east four (4) days. NO. 48: 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 be paid for all work In excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one-half (1 %:) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half (1 %) unless time has been lost during the week, in which case Monday v~ill 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 ariy of the recognized holidays, they shall be paid time and one-half (1 %:) 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 (1 %:) 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 (1Y:) 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 of 6 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 Fdday. 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 othervvlse prov(ded, 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 parry's.), shall be: A. Hours worked Monday through Friday, the first two (2) hours of overtime v~ill be paid at time and one-half (1'/:). 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 (40) 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. NO. 58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5) days work, Monday through Friday, shall constitute a normal work week. Work performed in excess of eight (8) hours per day or eight hours beyond normal starting time for that project excluding lunch Monday through Fdday, and all work performed on Saturday, shall be paid for the rate of time and one-half (1Y:). 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 (east 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. AW16 083 OT STIP.doc Page 4 of 6 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'/z) 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%z), except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.rn. and all time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) 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 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 anywork after forty (40) hours must be paid at time and one-half (1Y:). 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 one-half (1Y), 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 performed on Saturday shall be paid at time and one-half (1%:) the regular rate, except as hereinafter described. In the event that a scheduled eight (8) hour work day Is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up at straight time on the Saturday in the week of the pay period. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty (40) hours must be paid at time and one-half (1'/z). The employer may establish a 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. NO. 85: Means the work week shall be Monday through Sunday. Eight (8) hours shall wnstitute a da)rs 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'/z). 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 of6 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE -BUILDING CONSTRUCTION NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 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 least 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 Y=) shall be paid 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 (1Y) 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 a three-day weekend (except the Saturday following Thanksgiving). N0.95:. Means a regular workday shall consist of eight and one-half (8Y:) hours elapsed iime, including one-half hour for lunch. The crew starting times shall be flexible v~ithin 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 far 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 (1 %:) and shall not apply to regular shift. All time worked after eight (8) hours in any one day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1'/:) 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 ttie double (2) time rate for all time that they are required to perform work. All time worked from 12:00 Midnight Saturday to 12:00 Midnight Sunday shall be paid for at the rate of double (2) time on single shift. AW16 083 OT STIP.doc Page s of 6 Pages REPLACEMENT PAGE PLATTE COUNTY HOLIDAY SCHEDULE -BUILDING CONSTRUCTION N0.2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. N0.4: All work done on New 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 Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. N0.22: All work performed 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 performed 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 (1 %:) rate of pay. All work performed 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 Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be observed. N0.39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on 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 Y=) their regular rate of pay for all hours worked. N0.53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. 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 pertormed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1 %:). 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 pertormed on Labor Day except in case of emergency. ANNUAL WAGE ORDER NO. 16 AW016 083 BHoI 6TIP.doc Page 2 of 2 Pages Heavy Construction Rates for REPLACEMENT PAGE PLATTE County Section 083 000UPATIONAL TITLE E ective Date of Increase Basic Hourly Rates ver- Time Schedule Holiday Schedule Total Fringe Benefits CARPENTER Journe men 4/09 $33.30 1 17 $13.25 Millwri ht 4/09 $33.30 1 17 $13.25 Pile Driver Worker 4/09 $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 Construct(on 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 NO. 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 iwo (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 tie paid at time and one-half (1Y). 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 all work pertormed 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 (1Yz) for all work performed on Sundays and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized holidays when and only if any other craft employees of the same employer at work on that same job site are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevents work, in which event, the starting time may be delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1%). ANNUAL WAGE ORDER NO. 16 AW016 083 HOT.doc Page t of t PLATTE COUNTY HOLIDAY SCHEDULE -HEAVY CONSTRUCTION N0.2: All work performed 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 performed on Labor Day, except in case of Jeopardy of life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1 %:). 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 fhe work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1'/). AW016 063 HHol.doc ANNUAL WAGE ORDER NO. 16 page 1 of 1 OUTSIDE ELECTRICIAN These rates axe to be used for the following counties: Bates, Benton, Carroll, Cass, Clay, Hemy, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and Saline COMMERCIAL WORK Occu ational Title Basic Total Hourl Frin e Rate Benefits Joume man Linemarr $36.19 $4.75 + 34% Lineman O erator $33.77 $4.75 + 34% Groundman $23.98 $4.75 + 34% UTII.ITY ~'VORK Occu ational Title Basic Total Hourl Frin e Rafe Benefits Joume man 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 behveen the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive, shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work performed outside of the aforemenfioned will be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly. 'The overtime rate of pay shall be one and one-half (1'/z) times the regular rate of wages, other than on Sundays, holidays and from Midnight unti16:00 a.m., which will be paid at double (2) the straight tune 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 ofpay. ANNUAL WAGE ORDER NO. 16 sroe KC ZO;VE I A\Vt6.doc PROJECT MANUAL Riverside City Annex Demolition City of Riverside, Missouri September 28, 2009 TABLE OF CONTENTS DIVISION 0 -BIDDING AND CONTRACT DOCUMENTS 00020 -Notice to Conh~actors 00100 - Inshuctions to Bidders 00120 -Bid Bond 00200 -Experience Questionnaire 00300 -Work Authorization Affidavit 00400 -Agreement Exhibit A-Scope of Work Exhibit B-Performance Bond Exhibit C-Payment Bond Exhibit D -Proposal Exhibit E-Prevailing Wage Rates DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE, MISSOURI NOTICE TO BIDDERS Sealed bids for RIVERSIDE CITY ANNEX DEMOLITION will be received by the City of Riverside, MO at City Hall, Riverside, MO, until 10:00 a.m. Central Legal time on Thursday, October 8, 2009. At that time all sealed bids will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to Mr. David Blackburn, City Administrator, and marked "Bid for: RIVERSIDE CITY ANNEX DEMOLITION. Copies of Bidding Documents and other Conhact Documents are available at Riverside City Hall, Department of Community Development, 2950 NW Vivion Road, Riverside, Missouri 64150. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. 1N SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH AND THAT HE HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS AND SHALL INCLUDE 1N HIS BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. A Mandatory Pre-Bid Meeting will be held on Thursday, October 1, 2009. The meeting will be conducted in the Board of Alderman Chambers at City Hall and will include a visit to the project site. The meeting will begin at 9:00 a.m. All bidders shall verify that they have considered all written addenda. Neither the City nor the Consulting Engineer shall be responsible for oral inshuctions. Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no clarifications or exceptions allowed on the Bid. Bids are for a total bid package, and total contract price. Bids shall be made upon the Proposal form provided in the Bidding and Contract Documents, in ink or typewritten. The total contract bid shall be stated both in writing and in figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate items for which a bid is not submitted, a written indication of "no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids or alterations will be considered. It is the intent of the City to supply the Contractor with a Sales and Compensating Tax Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit from its computed costs all sales and compensation taxes. The following items must be included in the sealed envelope with the bid: a. Proposal b. 5% Bid Security--Bid Bond, Cashier's Check or Certified Check (See below.) Notice to Bidders 00020-1 c. Experience Questionnaire in the form provided in the Bidding and Contact Documents. Each bidder shall submit with its bid a bid bond, a cashier's check or a certified check drawn on any acceptable bank, made payable to the City of Riverside, MO, in an amount of not less than five percent (5%) of the total bid. A bid bond shall be in the form provided in the Biddmg and Contract Documents. Construction covered hereby will be subject to all requirements of the prevailing Wage Law.of the State of Missouri and to the wage rates determined by the Industrial Commission of Missouri and set forth in the Contract Documents. Prior to award of this Contract, the Contractor and all subcontractors may be required to furnish evidence of a written Affirmative Action program to ensure that all employees are treated equally without regard to their race, color, religion, sex, handicap or national origin. The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the City Administrator, prior to the time and date for bid opening. No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS CITY OF RIVERSIDE, MISSOURI By.'.. ~~ City Administrator Notice to Bidders 00020-2 INSTRUCTIONS TO BIDDERS .Copies of Bidding and Contract Documents 1.1 Complete sets of Bidding and Contract Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation may be obtained from the City. 1.2 Complete sets of Bidding and Contract Documents shall be used in preparing bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding and Contract Documents. 1.3 Owner and Engineer in making copies of Bidding and Contract Documents available on the above terms do so only for the purpose of obtaining bids on the work and do not confer a license or grant for any other use. 2. Qualifications of Bidders To demonstrate qualifications to perform the work, each Bidder must submit a notarized "Experience Questionnaire". A form for this propose is included in this document. All information requested on the form must be provided. Each bid must contain evidence of bidder's qualification to do business in the State where the project is located or covenant to obtain such qualification prior to award of the contract. 3. Examination of Bidding and Contract Documents 3.1 Before submitting a bid, each bidder must (a) examine the Bidding and Contract Documents thoroughly, (b) visit the site to familiarize itself with local condifions that may in any manner affect cost, progress or performance of work, (c) fariliarize itself with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the work; and (d) study and carefully correlate bidder's observations with the Bidding and Contract Documents. 3.2 On request, Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of its bid. 3.3 The land upon which the work is to be performed, right-of--ways for access thereto and other lands designated for use by contractor in perfornvng the work are identified in the General Requirements or drawings and will be discussed in the pre-bid meeting. 3.4 The submission of a bid will constitute an inconhovertible representation by the bidder that it has complied with every requirement of this Article 3 and that the Conhact Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Instructions to Bidders 00100-1 4. Interpretations All questions about the meaning or intent of the Bidding and Contract Documents shall be submitted to the Owner in writing. Replies will be issued by addenda mailed, faxed or delivered to all parties recorded by Owner as having received the bidding documents. Questions received less than four (4) working days prior to the date for opening of bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or cluifications will be without legal effect. 5. Bid Security 5.1 Bid Security shall be made payable to Owner in an amount of five percent (5%) of the bidder's maximum bid price and in the form of a Bid Bond (on form attached at the end of this section) issued by a Surety or a Cashier's Check or Certified Check. 5.2 The Bid Security of all bidders may be retained by the Owner until the earlier of (a) the 61St day after the bid opening or (b) execution and delivery of the Agreement (in the form included in the Bidding and Contract Documents) and furnishing of the required payment and performance bonds, evidence of insurance, and work authorization affidavit and documentation by a bidder to whom Notice of Award is given. If a bidder to whom Notice of Award is given does not execute and deliver the Agreement and furnish the required bonds, evidence of insurance, and work authorization affidavit and documentation within ten (10) days of Notice of Award, City may exercise its legal prerogatives, including but not limited to enforcement of its rights as to that bidder's Bid Security. 6. Contract Time The number of days within which, or the date by which, the work is to be completed (the contract time) is set forth in the Agreement. The Contract Time will be based on Working days. No time extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the Owner. The suspension of contract time will not be considered under any circumstances. 7. Liquidated Damages Provisions for liquidated damages, if any, are set forth in the Agreement. 8. Substitute Material and Equipment The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of "or- equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or-equal" item of material or equipment may be furnished or used by contractor if acceptable to Owner, application for such acceptance will not be considered by Owner until after the "effective date of the Agreement". Inshuctions to Bidders 00100-2 9. Subcontractors, etc. 9.1 The bidder shall submit to Owner with the Bid a list of all proposed sub-contractors to be used on the project. The list shall indicate those portions of the work each sub- contractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. If Owner has reasonable objection to any proposed subcontractor, other person or organization, Owner may before giving the Notice to Proceed, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful bidder declines to make any such substitution, the contract shall not be awarded to such bidder, but its declining to make any such substitution will not constitute grounds for sacrificing its Bid Security. Any Subcontractor, or other person or organization so listed and to whom Owner does not make written objection prior to the giving of the Notice to Proceed will be deemed acceptable to Owner. The apparent successful bidder and each bidder so requested must demonstrate to the satisfaction of OWNER that bidder has the "in-house" capability at the time of submission of the bid to perform not less than fifty-one percent (51%) of all of the Work required to be performed on the project by CONTRACTOR under the Conttact by and through employees in the direct employ of CONTRACTOR without any reliance upon or utilization of subconttactors. 9.2 In conhacts where the contract price is on the basis of cost-of--the-work plus a fee, the apparent successful bidder, prior to the Notice to Proceed, shall identify in uniting to Owner those portions of the work that such bidder proposes to subcontract and after the Notice to Proceed may only subcontract other portions of the work with Owner's written consent. 9.3 No contractor shall be required to employ any subconh~actor, other person or organization against whom it has reasonable objection. 10. Proposal 10.1 The Proposal is attached hereto; additional copies may be obtained from the Owner. 10.2 The Proposal must be completed in ink or typewritten. 10.3 Bids by corporation must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 10.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. Instructions to Bidders 00100-3 10.5 All names must be typed or printed below the signature. 10.6 The bid shall contain an acknowledgement of receipt of all addenda (the numbers of which shall be filled in on the Itemized Proposal). 10.7 The address to which communications regarding the bid are to be directed must be shown. 11. Submission of Bids Bids shall be submitted at the time and place indicated in the Notice to Bidders and shall be included in an opaque sealed envelope marked with the project title, name and address of the bidder and accompanied by the Bid Security and other required documents. If the bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 12. Modification and Withdrawal of Bids 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a bid must be executed) and delivered to the place where bids are to be submitted at any time prior to the opening of bids. 12.2 If, within twenty-four (24) hours after bids are opened, any bidder files a duly signed written notice with Owner and promptly thereafter demonshates to the reasonable satisfaction of Owner that there was a material and excusable mistake in the preparation of his bid, that bidder may withdraw its bid and the Bid Security will be returned. Thereafter, that bidder will be disqualified from further bidding on the work. 13. Opening of Bids Bids will be opened and (unless obviously non-responsive) will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening of bids. 14. Bids to Remain Omen All bids shall remain open for sixty (60) days after the date of the bid opening, but Owner may, in his sole discretion, release any bid and return the Bid Security prior to that date. 15. Award of Contract 15.1 Owner reserves the right to reject any and all bids, to waive any and all informalities and to negotiate contract terms with the successful bidder, and the right to disregard all nonconforming, non-responsive or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Instructions to Bidders 00100-4 15.2 hi evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Proposal. It is Owner's intent to accept alternates (if any accepted) in the order in which they are listed in the Proposal but Owner may accept them in any order or combination. 15.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 15.4 Owner may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 15.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's safisfaction. 15.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation, by Owner, indicates to Owner that the award will be in the best interests of the project. 15.7 If the contract is to be awarded, Owner will give the successful bidder a Notice of Award within sixty (60) days after the day of the bid opening. 16. Performance and Other Bonds Article XXIV of the Agreement sets forth the Owner's requirements as to performance and other bonds. When the successful bidder delivers the executed Agreement to Owner it shall be accompanied by the required Contract Security. Owner is a municipality and, notwithstanding any other provision herein to the contrary, all bonds furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 R.S. Mo and other applicable legal requirements. 17. Work Author7zation Affidavit and Documentation Any Notice of Award is subject to the condition that the successful bidder shall furnish to Owner an affidavit and documentation complying with the requirements of Section 285.530.2 R.S.Mo. When the successful bidder delivers the executed Agreement to Owner, it shall be accompanied by the required affidavit and documentation. An acceptable form of affidavit is included in the Bidding and Contract Documents. A copy of a completed, fully executed E-Verify Memorandum of Understanding between the United States Department of Homeland Security and the successful bidder is acceptable documentation. Instructions to Bidders 00100-5 18. Safet~Training Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors ding work on the Project to provide, and require its on-site employees to complete, a ten (10} hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The paining must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentafion. 19. Sierring ofAareement When Owner gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten (10) days thereafter Conhactor shall sign and deliver at least three (3) counterparts of the Agreement to Owner with all other Conh•act Documents attached and signed as required, together with the required bonds, evidence of insurance, and work authorization affidavit and documentation. Within ten (10) days thereafter Owner will.deliver all fully signed counterparts to Contractor. The Owner may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. Instructions to Bidders 00100-6 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, PRINCIPAL and as SURETY, are held and firmly bound unto the City of Riverside, Missouri, in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a bid dated 2009, Riverside City Annex Demolition Project; NOW, THEREFORE, if Principal shall not withdraw the bid within the period specified therein after the opening of bids, or, if no period be specified, within sixty (60) -days after the bid opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed foims are presented to Principal for signature, enter into a written contract with the City of Riverside in accordance with the bid as accepted, and give (a) required bonds with good and sufficient surety or sureties for the faithful performance and proper fulfillment of such contract and payment for labor and material furnished in the performance of the contract, (b} required insurance certificate(s) and policies, and (c) the required work authorization affidavit and documentation; or in the event of the withdrawal of the bid within the period specified, or the failure to enter into such contract and give such bonds, insurance certificate(s) and policies, and work authorization affidavit and documentation within the time specified, if Principal shall pay the City of Riverside the difference between the amount of the Bid Bond 00120-1 bid and the amount for which the City of Riverside may procure the required work, if the latter be in excess of the former, then the above obligation shall be void, otherwise to remain in full force and effect. PRINCIPAL By: (Signature) Printed Name: Title: Date: SURETY By: _ Printed Name: Title: Date: (Signature) SURETY POWER OF ATTORNEY MUST BE ATTACHED Bid Bond 00120-2 EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. How many years has your organization been in business as a contractor under your present business name? ~ L S 2. How many years' experience in the proposed type and size of construction work has your organization had: (a) As a general contractor Jam; (b) As a subcontractor ~? SiMi I~,~ {; ~ 3. List the three most recent stern-dremagg-construction projects yom• organization has completed similar in scope to the proposed wo~rk:A //'',~,, Contact Name ~ l~ ~C ~~1 N Phone~~~ ~ ~ - T V L Project Name or Contract Amount $ ~~f~"~-0~.1,~ When Completed?. Description of Work ~~1~ I.LL%i-t U/1 tad- ~j'fGf.OLt S /1-f`~1~-N t-i1-~1 s S°.r~nnryt~-2c°.~~. O~lc~(1~ ~c~ s Contact Name Project Name or ~~ Conhact Amount $ V~1-~~~)vlS When9Completed? Description of Work ~lV ~7 [a/1 ~ \fA-llA~-1A~5 ~i~'~l 71~ --~ Contact Name _ Project Name or ContractAmount$~c~~ ~~.'~ When Completed? ~~ ~~ Description of Work C Experience Questionnaire 00200-1 4. What other important projects have yougr organization completed? Contact Name ~N~ S~7 ~~SC~~~~'S' Phone Project Name or Owner `~f V+1`~ 1 GoS~ Contract Amount $_~ ~ ~ Nt~A O (1 When Completed? 1 ~ b Description of Work (=k C~/~-h ~ S ~t~11A~000I~ Contact Name S h~~ I~r~N •~ii.. Phone ~~~ - ~~~~" ~~~ Project Name or Contract Amount $ ~ ~~~ .Q-' When Completed? ~~~' Description of Work Contact Name ~ ~l m Ivt~'3l~ ~~~i~l Phone ~l~ "' f ~ ~'~ ~~~~ Project Name or Owner~~/, wO~~ ~~bl~Cnl`~S Contract Amount $ `~C~ I~Z:J~1 • "" When Completed? ~ 17O1o Description of Work In addition to the Owners above, list at least two corporations, individuals, cities, counties, or states for whom you have performed work, and the name of the individual to whom you refer: 6. List at least two engineering firms with whom you have worked, and the name of the individual to whom you refer: ~~~~C.~V ~vlCi{U~~-~1~(.'~' . Experience Questionnan•e 00200-2 7. Have you ever failed to complete any work awarded to you? If so, where and why? 8. Name of your Surety Company, and the name and address of your agent you expect to use in the event this contract is awarded to you: ,/~ ~l1 :.-, ~-r ,-,~ n n_ .n._ .. ~T,~)n~iiC~ I.L n.n ie r°~ ~~/~..~~-fl `"/e.n././I. ~i 11~.i~! `Z i 9. What is your present bonding capacity? I0. What is the construction experience of the principal individuals of your organization: Years of 1 ',,_/ Construction JS Name ~'(~~ `~"l~Tu ''Position ~(1.~ . Experience Magnitude & Type In What Capacity? Years of Construction Name ~ 7 Position ~-• Experience ~_ i, Magnitude & Type of Work I ~-/l lA~ U st7 t~l In What Capacity? Years of n Construction Name ~itlS~~~fK`tSD!~l Position ~l~a'Lll(~(~ Experience ~~ Magnitude & Type of Work ~C~yw W`rL'U<1 S In What Capacity? Experience Questionnaire 00200-3 11. List the major items of equipment which you own or which will be available for use on the proposed work: Ouan$ty, Description, & Capacity Age in Years Condition ~~~~ c tl~rfa< ~- ~~~~-~~-Q. ~ru~~t,S ~~1(a C~~ 12. List below the contracts to which you, or your company, or corporation were a party during the previous 10 years that involved litigation of any type or had a claim in arr amount over $10,000: N fA' 13. On a typical project, what percent of the work is completed by your own forces? U % What percent by subcontract? %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Resnonsibility % of Contract Experience Questionnaire 00200-4 14. The undersigned hereby authorized and requests any person, firm, or corporation to furnish any information requested by the City in verification of the recitals comprising this Experience Questionnaire. Dated at ~i~ ~ this day of c By Title d:~ /i`~-~ State of )~~ISS~ti(,r2c. ) ss County of ~~_" ) (,,~~Y~l~" -~ ~ 2,C5~ V being duly sworn, deposes and saiys that he or she is _ UU !i~ of . 1_~T°,2~ _ ~ ~ and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to me before this day of ~(,"'rO~=~c- , 20v~ . '//~--- "NOTARY SEAL" Russel Brenson, Notary Public Clay County, State of Missouri My Commisslon Explrea 6/1 /2012 Commiss(on Number 08413425 Public commission expires , 20 Experience Questionnaire 00200-5 WORK AUTHORIZATION AFFIDAVIT STATE OF I {/ I iS~j~~~ ) SS. COUNTY OF ~ ~ ) I, 1~s~{~1(~ °Y1"Ul.t,r[Z~N ,state the following under oath: 1. I am the ~S?s~~ , of 1"I F,(`.O ~(C . ("Contractor") and have aut rho ity-to make this Affidavit on behalf of Contractor. 2. I make this Affidavit in connection with a contract ("Contract") between the City of Riverside, Missouri, and Contractor for a construction project referred to as "Vivion Road (Quicktrip to Aspen Drive)." 3. I have personal knowledge of the facts stated in this Affidavit. 4. In this Affidavit, the terms "federal work authorization program," "employee," "knowingly," and "unauthorized alien" have the same meanings as they do in Section 285.530.2 of the Revised Statutes of Missouri. 5. Contractor is enrolled in a federal work authorization program and shall continue to participate in the program with respect to the employees working in connection with the services covered by the Contract. 6. Contractor does not and shall not knowingly employ any person who is an unauthorized alien in connection with the services covered by the Contract. 7. Attached to this Affidavit is documentation of Contractor's enrollment in a federal work authorization program with respect to the employees who will work in connection with the services covered by the Contract. Signatur L~(~ °I~S-~lv Printed Name Subscribed and sworn to before me this day of My commission expires: ,~I~~i ~ Zp ~2 Work Authorization Affidavit "NOTARY SEAL" Russel Branson, Notary Public Clay County, Stets of Missouri My Commission Expires 5/1/2012 Commission Number 08413425 .~.~..n~.,-. ~~c~ 00300-I