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HomeMy WebLinkAbout2009-161 - Argosy ParkwayAGREEMENT BETWEEN CITY OF RIVERSIDE AND APAC-KANSAS, INC. FOR COMPLETION OF ARGOSY CASINO PARKWAY -NORTH PROJECT CONTRACTOR: APAC-KANSAS ORDINANCE NO.: 2899-161 CONTRACT PRICE: $x,591 ,573.61 Agreement 00300-1 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR ARGOSY CASINO PARKWAY -NORTH fk ~'' // THIS AGREEMENT, made and entered into as of the ~~° day of NF/E.tiB~rc 2009, by and between the City of Riverside, Missouri ("City"), and A n/j C - k4+rtas Z'dc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. AS, City, >der the provisions of Ordinance No. ~ ~~ ~- ! l0 ~ ,duly approved ~ f f ~ ~ and by virtue of the authority vested in City by the gener~ordinances of City,~iirtends to enter into one or more conhacts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Adminishator") 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 conshuction by City or others. C. "Work," as used in this Agreement and the other Contract Documents, means all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications and Drawings) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in Article VI of this Agreement. The Agreement 00300-2 Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. D. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding azeas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. ARTICLE II CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City //shall payJ~ Contractor the ~~ sum of SIX fl1%~IU~7 }IVr ~Iyk~ez°i~nill c/~ N1c tl~a/S4re~~ `I tUt' htflc~act/scyci~~ jhrc~' ud'7c/ ~uu Dollars ($_ ~ ~ S~II , 573, ~ t ). This amount shall include all costs, pernut fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in Exhibit E to this Agreement. The quantities of items of unit price Work set forth in Exhibit E are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. .Determination of the actual quantities and classifications of unit price Work performed by Contractor wIll be made by City. Final payment for all unit price items set forth in Exhibit E will be based on actual quantities, determined by City. C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the lump sums and unit prices set forth in Exhibit E. No labor, services, materials, supplies, tools, equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the lump sums and unit prices set forth in Exhibit E. All Work not specifically set forth in Exhibit E as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind in connection therewith aze included in the prices set forth in Exhibit E. D. If estimated quantities set forth in Exhibit E are materially changed so that application of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit prices shall be equitably adjusted. Agreement 00300-3 E. This Agreement is subject to the City Ordinances, and payment shall be limited to the amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this Agreement shall not exceed the appropriation contained in Ordinance No. of ~Q ~ ~~ authorizing the Work, and Contractor shall not seek, nor• be entitled to, payment exceeding this amount unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement, and City enacts another ordinance authorizing the amount City agrees to pay under Article VI. - ARTICLE III PROGRESS OF WORK /SUBMITTALS A. Conhactor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. Conhactor shall achieve Substantial Completion (as defined in Article V, Paragraph F of this Agreement) not later than November 1, 2010. If the Contractor fails to achieve Substantial Completion of all the work by this date, Conhactor shall pay City $1,000.00 as liquidated damages and not as penalty, for each day after this date for the first seven days, then $5,000.00 per day, for the next seven days, then $10,000 per day until Substantial Completion of all of the work is achieved. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. Contractor will receive a bonus payment of $50,000.00 if Substantial Completion is obtained by October 24, 2010 or $100,000.00 if Substantial Completion is obtained by October 17, 2010. C. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise its rights under Paragraph F below and Article XIII of this Agreement under all circumstances described in Paragraph F and Article XIII, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. D. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of conshuction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragraph D does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at Agreement 00300-4 more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits current under the Conhact 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 fmished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Conhactor'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. Conhactor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepue 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 requhrements 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' literattrre, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. City's approval does not relieve Contractor from responsibility for defective work resulting from errors or omissions of any kind on the approved submittals. ARTICLE IV CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between City and Contractor, and are the Contract Documents: This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR. 2. SCOPE OF WORK (Exhibit A to this Agreement). 3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement. 4. PERFORMANCE BOND (Exhibit C to this Agreement). 5. PAYMENT BOND (Exhibit D to this Agreement). Agreement 00300-5 6. ITEMIZED PROPOSAL (Exhibit E to this Agreement). 7. PREVAILING WAGE RATES (Exhibit F to this Agreement). B. Contractor represents that it has examined and become familiar with the Contract Documents in their enfirety, 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 fnst application for payment, Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each application for payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the City representative designated in Article XII. In addition to the amount of payment requested in the Application for Payment, each application shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions fiom the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Conhactor claims. Contractor shall identify each subcontractor and supplier whom Contractor intends to pay fiom the requested payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An Application shall not include a request for payment for any portion of the Work that was performed or furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier fiom 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 Paragraph F below. The City Treasurer, upon presentation of such certificate, shall prepare a check for the sum certified to be due (exclusive of retainage), payable Agreement 00300-6 out of the funds in the City Treasury available for Contractor under Ordinance No. ~~ ~-/~ Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. D. Neither Administrator's certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. E. With each Application, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each subcontractor or supplier performing any Work, prior to making any payment to Contractor. The subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for work perfonned 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 Administrator certifies, that all the Work is Substantially Complete. The Work shall not be deemed Substantially Complete until all specific requirements stated in the Contract Documents for achievement of substantial completion of all the Work have been satisfied and the Administrator determines that all the Work is sufficiently complete in accordance with the Contract Documents so that City can occupy or utilize all the Work for its intended use. Retainage shall be paid to Contractor within 30 days of Adminishator's certification that all the Work is Substantially Complete. If there are minor items remaining to be completed after Substantial Completion, an amount equal to 200% of the value of each item, as determined by Administrator, shall be withheld until such items are completed. G. Contractor shall not be entitled to final payment for the Work until Contractor submits an application for final payment, all requirements of the Contract Documents are complied with, and Administrator issues his or her certificate to that effect. City, within 30 days after the delivery of Administrator's certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its application for final payment as claimed by Contractor. All claims not identified in the application for final payment are waived. I. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, Agreement 00300-7 3. Failure to make payments to subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, 5. Damage by Contractor or subcontractors or suppliers to property of City or. others, 6. Conhactor's breach of this Agreement, or 7. Contractor's failure to provide requested documentafion. 8. If Contractor does not pay subconhactors 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 Ciry. ARTICLE VI CIIANGE5/CLAIMS A. Ciry, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 1. If the Work involved is covered by unit prices set forth in Exhibit E, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Exhibit E, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change; or 3. If the Work involved is not covered by unit prices set forth in Exhibit E and agreement to a lump sum is not reached, the change shall be performed on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of a net increase in the cost of Agreement 00300-8 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 Conhact Documents, costs shall be limited to the following: costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers' compensation insurance; costs of materials, supplies, and equipment, including cost of transportation; rental costs of machinery and equipment, exclusive of hand tools, whether rented from Contractor or others; costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and additional costs of supervision and field office personnel directly attributable to the change. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. C. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by wr7tten 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 fmal settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. E. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph F below. F. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representafive within five working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. Agreement 00300-9 G. No change or claim, nor any delay or dispute concerning the deternrination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, mairitain not less than the following insurance coverages and amounts: 1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: a. Each occurrence $1,000,000.00 b. General aggregate $2,000,000.00 c. Products/completed operations aggregate $2,000,000.00 d, The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any 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. 3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory Agreement 00300-10 b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "B+XI" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage (including any umbrella or excess policy that provides any required general or automobile 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 or general automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds Ciry, 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 productslcompletedhczard. C. Contractor shall maintain the products and completed operations coverage for not less than five years after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/In§tallation 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 Agreement 00300-11 representative not less than seven days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Conhact Documents. G. If any part of the Work is subcontracted, each subcontractor, or contractor, on behalf of the subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article VII shall be delivered to City's designated representative not less than seven (7) days before the subcontractor first performs any of the Work. ARTICLE II INDENINITY A. To the fullest extent permitted bylaw, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or• anyone for whose acts they maybe liable; regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This 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 III PATENT LLABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against Agreement 00300-12 any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE IV COVENANT AGAINST UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition, issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X. ARTICLE V RECORDS REGARDING PAYMENT For a period of at least two years after fmal payment to Conttactor, 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, includmg extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all conhacts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE VI 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 David Blackburn For Contractor: Agreement 00300-13 City Administrator City of Riverside, MO 2950 NW Vivion Riverside, MO 64150 B. Ahy notice requhed by the Conhact 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 VII DEFAULT A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to correct from City, City may, in addition to any other right or remedy City may have, famish 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 Conhactor's right to proceed with performance of any part or all of the Work and take over and complete the perfonnance 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 employee Contractors 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 Agreement 00300-14 amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Conhact 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 VIII TERMINATION rOR CITY'5 CONVENIENCE City may, at any time, for any reason, and without Conhactor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop work and turn over to City or City's designee mater7als and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article XIV. ARTICLE IX COMPLLANCE 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 Agreement 00300-15 name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. ARTICLE X SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any .obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase order. C. Each subcontract or purchase order issued by Contractor for any of the -Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times during performance of the Work keep the Project site clean and free from debris resulting from the Work. Pr7or to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, Agreement 00300-16 machinery, waste, and surplus materials. Contractor shall make provisions to mirumize and confirre dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XIII 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 fmal payment, Administrator's fmal certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article XIX does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XiV STORAGE OF MATERIALS AND EQUIPMENT Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XV 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 Agreement 00300-17 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 and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protecfion from damage, injury, or loss. C. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance of the Work based on Contractor's compliance with City's reasonable request. ARTICLE XVI INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XVII CONFLICT Contractor shall promptly upon discovery advise City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XVIII BONDS Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to Administrator, a payment bond and a performance bond in the forms at Exhibits C and D to this Agreement, or in another form approved by Administrator. Such bonds shall be for the full Contract Amount, and shall guarantee and secure Contractor's proper performance and completion of the Work, and performance of all of Contractor's obligations and duties under the Contract Documents, including, without limitation, all warranty obligations and duties, and the payment of all subcontractors and suppliers for labor, equipment, and/or materials supplied to or for the benefit of Contractor or the Work. The premium for such bonds is included in the Contract Amount. Agreement 00300-18 ARTICLE XIX 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 XX NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against City shall be made because of Ciry's preparation of this Agreement or other Contract Documents. ARTICLE XXI DISPUTESJATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved tluough negotiation, Ciry and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover fiom the other parry its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXII TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXIX ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed and approved by City and Contractor. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. Agreement 00300-19 CITY OF R"IVERSIDE By: ~~ ue.~tic~~ ~~ MAYOR ATTESTED: CITY CLERK APK1 ~-lcr~-~5/3~./iyc=~ / q (Signature) Printed Name: ICI cW.=t ~+~ R ~~M'`~ ~''~ R~~ l Title: Vic ~:~/'~Si ocv~T Agreement 00300-20 z~~ ~ Final design plans, specifications and estimate were completed for this project by Cook, Flatt & Strobel Engineers, P.A. The new road will extend from Argosy Casino Parkway to the intersection of Riverway and 9 Highway. The roadway will vary from a 36 foot cross section (3 lane roadway) to a 24 foot cross section (21ane roadway). It consists of a new straddle bent bridge over the BNSF railway and a re-decking of the Tullison bridge over line creek. The project will significantly improve the accessibility of the Argosy Casino/Entertainment District, improve safety and provide additional transportation connectivity within the city. BOND NO. 8219-14-92 EXHIBIT C -PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated d l~rd=;, 6cr2 ~e - 2009, designated Ordinance No. 2009-761 in every particular, APAC -KANSAS, INC., KANSAS CITY DIVISION as Principal, and FEDERAL INSURANCE COMPANY as Surety, hereby bind themselves and their respective heli~rs, executors, admi~ilstrators, successors, and assigns, unto the City of Riverside, Mis V oun, In the penal Sum Of SI% MI WON FIVE HUNDRED NINETY ONE THOUSAND FIVE HUNDRED SEVEMV THREE AND 61/100 DOLLARS ($6,591,57381) 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 Documents, including, without limitation, all warranty obligations and duties and including those under which Principal agrees to pay the prevailing hourly rate of wages for each craft or type of worker requved to execute the Work in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by fmal judicial determination pursuant to the provisions of Sections 290.210 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, then this obligation to be void, otherwise to remain in full force and effect. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. Agreement - Exhibit C Page 1 APAC -KANSAS, INC., KANSAS CITY DIVISION PRINCIPAL (Signature) Printed Name:lZicltRen A. Z~~~c~tiF,~~a.-/ Title: ~ ~:-~ pi2~5~n~,N r Date: i~-~p~-2ooy FEDERAL INSURANCE COMPANY SURE~f~~' By: (Signature) Printed Name: MARCINDA DRYSDALE Title: ATTORNEY-IN-FACT Date: NOVEMBER 23, 2009 SURETY POWER OF ATTORNEY MUST BE ATTACHED Agreement - Exhibit C Page 2 BOND NO. 8219-14-92 EXHIBIT D -PAYMENT BOND APAC -KANSAS, INC., KANSAS CITY DIVISIONand the CITY OF RIVERSIDE, MISSOURI, have entered into an Agreement dated ~ad,=:wyerZ '~c~ ~ , 2009, designated Ordinance No. 2009-161 APAC -KANSAS, INC., KANSAS CITY DIVISION , as Principal, and FEDERAL INSURANCE COMPANY , as Surety, hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside, SIX A9LLION FIVE HUNDRED NINEN ONE THOUSAND FIVE HUNDRED SEVENTY THREE AND 611100 DOLLARS Missouri, in the penal sum of (ss.59,,51as,) lawful money of the United States, conditioned that in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect its obligation on Agreement - Exhibit D Page 1 this Boud, 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. APAC -KANSAS. INC.. KANSAS CITY DIVISION PRINCIPAL -(Signature) Printed Name:~ieNA.~u A, ZlMtneko-~Atil Title: t~teE P,2eSr~Entr Date: I (- 3~ - ZOV 9 FEDERAL INSURANCE COMPANY BYRETY ^ _ ~~`~ A / ~~/~ (Signature) Printed Name: MARCINDA DRYSDALE Title: ATTORNEY-IN-FACT Date: NOVEMBER 23, 2009 SURETY POWER OF ATTORNEY MUST BE ATTACHED Agreement - Exhibit D Page 2 SURETY ACKNOWLEDGMENT STATE OF UTAH COUNTY OF SALT LAKE } SS On this 23RD day of NOVEMBER, 2009, before me personally came MARCINDA DRYSDALE to me known, who, being by me duly sworn, did depose and say that she is an Attorney-In-Fact of FEDERAL INSURANCE COMPANY the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Chubb FOWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 owutas by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation; do each hereby constitute and a Davis, Marcinda Drysdale and Jeanne Romero of Salt Lake City, Utah and Mary E. Strait of Tulsa, each as their We and IawNl Attorney- in- Fact to exeate undersuch designation In Ihelr names and to affix their corporate seals to end deliver for and on their behalf as surety thereon or otherwise, bonds and undertakirgs and other writings obligatory in the nature thereof (Duet than bail bonds) gNen or exewted in the course of business, and any Instmments amending or altedng the same, and consents to the modification or alteration of anyinsWment referred to In said bonds or obligatlons. In Witness Whereof, acid FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, antl PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate Seals on this 20tH day of November, 2009. ~- ,Cir~~yL.~~~.~ ~ ` ~ (~. Kenneth C. Wendel, Assistant Secretary Davl ortls, Jc, Vice Presl~ STATE OF NEW JERSEY ss. Country of Somerset on this 20th dayor November, 2009 betwe me,aNolary Public of New Jersey, personally came Kenneth4 Wendel,tome known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGHANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the wmpanies which executed the foregoing Power of Attorney, and the said Kenneth 0. Wendel, bell by me duty swum, did depose and say That he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY end knows the corporate seals thereof, that the seals affixed to the foregong Power of Attorney are such corporate seals and were mereto atfxed by authority of the By- Laws of saitl Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies bylike authority, and that he is acquainted with David B. Norris, Jc, and knows him to ba Yrce PresideN of sad Companies; end that the synature of David B. Noms, Jc, subscnbatl to saitl Power of Attorney is in the genuine handwriting of David B. Norris, Jr., antl was thereto subscribed by auUOnty of said By- laws and In deponent's presence. Notart STEPHEN 8. SRADT Nt#ary Ptiblb, State of New Jersey ~~ ptARY ~ N0.232108T ,~.~- Cormisslon Ef~lros CCL 26.201E PUe1-~6 ' - ~ Diary Public fitly dEP$ CERTIFICATION Exbact from the By-Laws of FEDERAL INSURANCE COlAPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'NI pavers of attomey for end on behalf of the Company may and shall be executetl in the name and on behalf or Ne Company, either by the Cheinnan or the President or a V(ce Presdent or an Assistant Vice Presiden6 jointly with the Secretary or an Assistant Secretary, under thek respective designagons. The signature of such officers may be engravetl. pdnied or 111hographed. The signature o/each of the folbwing ofllcers: Chalnnan, President, any Vbe President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attomey or to any certlfigte relating Uereto appolntlng Assistant Secretaries or Attorneys- in- Facl for purposes only of ezecugng end attesting bontls aM undertakings and oNer writings obligatory in fhe nature thereof, and any such power of attomey or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company and any such paver so executed and certified by such facsimile signature and facsimile seal shall be valid and btMirg upon the Company with respect to any bord or undertaking to wh(ch it is attached." 1, Kenneth C. Werdel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGIlAN7INSURANCE COMPANY, andPACIFIC INDEMNfTY COMPANY (ihe'COmpaNes') dohereby certifythal (i) the foregoing extract of the By- Lews of the Companies (s W e end correct. (li) the Companies are duty licensed and authorized to bansact surety business in all 50 of the United States of America and the DtsMct of Cdumbia and era auttxrdzed by the U.S. Treasury Department; further. Federal end Vigilant are licensed in Puerto Rico end the U.S. Virgin Islands, and Federal is licensed In American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (lip the foregotng Paver of Attorney is We, correct end in full force and affect. Givenundermy hand and seals olsald Companies at Warren, NJthis NOVEMBER 23, 2009 3°ua~° ~~s+wwq.°o a~ ~~ -*- 5 el'DIAN~ r ~` •hf ,~~1 Kenneth C. Wend I, Assistant Beaetary IN THE EVENT YOU W ISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908} 903- 3656 e-mall: suretyQchu6b.com Fonn 15-10. 02258- U (Ed. 5- 03) CONSENT CERTIFICATE VJIDS AND SUPERSED'cS ALL PREVIOUSLY ISSV ED CERTIFICATES TO HOLDER W V.fED BELDPl. This is to Certify that APAC Kansas, Inc., Kansas City ~ 7L~T NANIEAND ,~~ Libel 1, y PO Box 6099, Argentine Station, 4318 Speaker Road ADDRESS / OF INSURED ~/(~~~~~ Kansas City KS 66106 ~ lrl is, at the Issas dart afthiscmiticale, insured by the Company under the policy(ics)listed balow. The insurance afforded bythe listed policy{ies)is subject to all their terrns, exclusions and Conditions arld is not altered by any rcquiremenq term or candrtwn ofany contract or other document with resoec[ to which this certificate maybe issued. EXP DATE ^ CONTINUOUS TYPE OF POLICY ^ EXTENDED pOLICY NUMBER LIDIIT OF LIABILITY ® POLICY TERM WORKERS 9/1/2010 WA7-C8D-004095-029 COVERAGE AFFORDED UNDER WC EM1IPLOYERS LIABILITY LA W OF THE FOLLOWING STATES: COMPENSATION - WC7-C81-004095-019 ALL STATES EXCLUDING ' MONOPOLISTICS STATES AND Bodily ln ury by Accident 1000 OOOEa<fi ne,iJem NY Bodily Injury By Disease oR WI 1 000 OOO , Bodily injury By Disease 1 000 000 COMMERCIAL 9/1/2010 T82-C81-004095-119 G`ncrzl A ggregale GENERAL LIABILITY 2 000 000 ^ OCCURRENCE &oducts/Completed Operations Aggregate 2 OOO OOO ^ CLAIMS A1ADE E h ac Occurtence OOO RETRO DATL Personal & Advertising Injury 0000 Per Person/Organization 20 0 ~~hh G I I~ t FF~E DAMAGE 3100,000 P~R PROJECT AGGREGATE AUTOMOBILE 9/1/2010 AS2-C81-004095-129 Each Accident-Single Limit X2000 000 LIABILITY , e.I.And P.D. Combined II--~~rr LI O WNED Each Person 1 LYJ NON~OWNED Each Accident or Occurtence HIRED Each Accident or Occurtenee ornEe Auto: Comp Ded 310,000/Colt Ded 310,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS City of Riverside, Missouri, its employees, officers and agents and any architects or design professionals engaged by or on behalf of Clty are named as additional insured. Insurance Is primary and non-contributory. Re: Argosy Casino Parkway North Ifthe certificate expiration date is continuous or extended term, you will be notified ifcocemge is Icrminated or reduce) before the certificate expimtien date. IJberty Mutual NOTICE OF CANCELL.\TION: (NOT APPLICABLE UNLESS A NUh78ER OF DAYS IS ENTERED BELOW J Insurance Group EEFORE THE ST.\TED EXPIRATION DATE THE COMPANY WILL NOT C1}\,'CEL OR REDUCE THE INSURANCG AFFORDED UNDER THE.IBOVE POLICIES UNTIL AT LEAST ~b DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Re: Argosy Casino Parkway North ~ity of Riverside, Missouri ~ ~ ~~'e'2~~: Judith Balazentis t s Pittsburgh 0387 AUTHORIZC•D REPRESENTATIVE 'e ~ 12 Federal Street, Ste. 310 2950 NW Vivion Road Pittsburgh PA 15212-5706 412-231-1331 11/25/2009 l Riverside MO 64150 I oFr'tcE ruoNE D,crelssuED This certificate is executed by L[BERTY MUTUAL INSUR~WCE GROUP as-respects such insurance as is afforded by those Companies NM 772 DEC-02-2009 10:34 Fram:RPAC-KRNSRS,INC 9133715740 TD:8167468349 P.2~2 ACORp~ EVIDENCE OF PROPERTY INSURANCE i°2~oz"z'°°~""" THIS EVIDENCE OF PROPERTY INSURANCE IS 18SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED EEIOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AlIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY NONE (AB. Ne. ENq COYPppy MARSH USA INC. --- _ _ -. Trevelers Property Casuaky Company Of America 3475 PIEDMONT ROAD NE, SUITE 1200 A7LAN7q, GA 30305 J34420-Bind-Risk-09.7 D . .. ._._ coos: ___ __,_suaaooE: . AGaNCY CU6TDYERIDh, ........_ ._ .._ .. ..._._-_... N19URE0 -"'... LOAN NNYaEN ._- r POLICY NUYlR APAC-KANSAS, INC. (KANSAS CITY) I QT6603083B332-TIL-0O 4318 SPEAKER ROAD KANSAS CITY. KS 66106 EPPECiNN DATE FJI%MTNIN 0117E _ ._._.. D8/Di/Z009 09!07!2010 TERMIr"uuiEO~Fe14;cNE0 THIS REPLACES PRpR BVIOEMCi 0AT60: PROPERTY INFORMATION RE: LOCATION: RVERSIDE, MISSOURI 64150; PROJECT START DATE: 12/1/D9; COMPLETION PATE: 11l1/1D; THE CONTRACT CALLS FOR GRADING, PAVING AND NEW BRIDGE OVER BNSF RAILWAY FOR NEW ROAD BETWEEN ARGOSY CASINO AND RR/ERWAY BLVD. THE CONTRACT AMOUNT IS $6,591,573.61 ... _.._ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICA7E0. NOTMTN57ANpIN(3 qNV REQUIREMENT, 7ERU OR COMOITON OF ANY CONTRACTOR OTHER pOCVMENT WITH RESPECT Tp WNICN TNI6 EvIpENCE OF PROPERTY INSURANCE MAY BE 159UED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOI710N$ OF SVCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BV PAID CLAIMS. COVERAGE! PERILS /FORKS AMOUNT OF INSURANCE DEDUCT18Lli 9UILOING LIMIT 10,000,000 5.000 JOB SITE PER OCCURRENCE 10,000,000 5,000 TEMPORARY STORAGE 250,000 5,000 TRAN8IT 500,OD0 5,000 FLOOD (EXCLUDING NFIPRONES OTHER THAN C8X) ANNUAL AGGREGATE 1,000,000 25,DOD EARTHQUAKE IN ALL STATES (EXCEPT AK, AR, CA, HI, IL, IN, KY, M5, MO, 1,000.000 25,OOD SC, TN, Ui AND WA) ANNUAL AGGREGATE ~~~~~~ CITY OF RNERSID APAC-KANSAS, INC., SUBCONTRACTORS AND SUPPLIERS ARE INCLUDED AS ADDITIONAL INSURED(5) PER WRITTEN CONTRACT. THE PROJECT LOCATED IN PLATTE CWNTY, MO ABOVE EARTHQUAKE LIMITS OF $1,ODD,000 ANNUAL AGGREGATE/525,000 DEDUCTIBLE PER OCCURRENCE APPLY, 1.nn~.cAA,n I Ivn SHOULD ANY aF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DA7B THEREOF. TKE ISSUING INSURER WILL ENDEAVOR TO MN SL O DAYS 1MtITTEN NOTICE TO THE ADDITIONAL IN7ERE37 NAMED BELOW. 8VT FgILURE TO MAIL SUCH NpT7CE SMALL IMP038 NO OSLII3.Ari0N OR LUIBILRY OF ANY KIND UPON TfrE INSURER, ITS AGENTS OR RCPRESENTA7IVES. wuulllVnwl.m leneSl ATL-0OZ085066-0Y NAPE AMDAODRESS MORTGAGEE !ASS PwTEE X A00MONAL NiEUESD _ LOAN! CITY OF RVERSIDE, MISSOURI ATTN: MIKE DUFFY 2950 NW VJVION ROAD RIVERSIDE, MO 64750 PUTNORQEO REPREBENYA7AIE dW,d, UEA AN. ~= Mary Radaszewski "'~'/~6"d ~'~"~"~"'~-~"~ `"' ACORD 27 (2008/07) ®ACORD CORPORATION 7983-2005. Ap rights rasetlrad. Insurance Binder Liberty Mutual Date: 1 112 3/2 0 0 9 Binder No. 0004035-001 Insured: BNSF Railway Company Attn: Jamie Johnson, Risk Mgmt 2500 Lou Menk Drive 1st floor Fort Worth, TX 76131 Line Policy Number Effective Date RaiiroadProtectiveLiability TE1-681-034998-029 12/1/2009 Pending the issuance of the policy of the type or types described below, LIBERTY MUTUAL GROUP agrees to insure the Insured, but only for the coverages indicated, under policy forms in use by the Company as of the effective date of this binder. The limit of the Company's Liability or Amount of Insurance against each such coverage shall be stated herein, subject to all the terms ofthe policy having reference thereto, and no insurance is provided for coverages for which no such limit or amount is stated. Issuance of the executed policy or policies voids this binder as of the effective date of such policy. This binder may be cancelled (1) by the company by written notice to the insured at the address shown above stating when thereafter such cancellation shall be effective, or (2) by the insured by mailing written notice to the company stating when thereafter such cancellation shall be effective. This binder shalt be effective on 12/1/2009 at 12:01 AM., and unless previously cancelled, shall expire on 2/1/2010 at 12:01 AM., Standard Time, at the address of the insured. This binder when duly countersigned is issued on behalf of a member company of the Liberty Mutual Group, herein referred to as the Company as respects the indicated coverages under policy forms in use by the Company as of the effective date of the binder. LIBERTY MUTUAL GROUP a. ~ Dexter R. Le Edmund F. Kel SECRETARY PRESIDENT Account Executive: Underwriter: Sales Office: Pittsburgh Phone:412-231-1331 ~~'e~~ 1L~h~A/ Judith Balazentis AUTHORIZED REPRESENTATIVE Page I of 2 Date: 11/23/2009 Binder No. 0004035-001 Insurance Binder Inswed: BNSF Railway Company Attn: Jamie Johnson, Risk Mgmt 2500 Lou Menk Drive 1st floor Fort Worth, TX 76131 Line of Business: Railroad Protective Liability _ I.1 Muttratal,~ Section I- Llne of Buslness/Palicy Number Railroad Protective Liability TE1-681-034998-029 12/1/2009 Liberty Mutual Insurance Company Section II- Coverage/Limits - :;; Railroad Protective Liability Bodily Injury & Property Damage Limit $5,000,000 Each Occurrence Aggregate Limit $10,000,000 Aggregate Designated Contractor APAC Kansas, Inc., Kansas City PO Box 6099, Argentine Station, 4318 Speaker Road Kansas City, KS 66106 Section III -States /Locations Covered Construct new overpass bridge, Milepost 5.63 on BNSF's St. Joseph subdivision, Riverside MO 64150 Section }V-Special Provisions Requested by Jill Simmons This binder does not list endorsemen(s lho( wrll be included on tl~e policies. Page 2 of 2 EXHIBIT E-ITEMIZED PROPOSAL ARGOSY CASINO PARKWAY -NORTH PROJECT TO: CITY OF RIVERSIDE, MO 1. The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment and plant, perform all necessary labor and construct, install and complete all work stipulated in, required by, and in conformity with the proposed Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of the price of5~rt, n.trur~r<t r-rdEllu,vD2~n NrNtY oN~7lk+sa~N i-a/~ yluNC~ae~ SFd~ra ~ dollars ($ ~~g~,573.. ~~ )for Bid Item Numbers 1 through 89. r-two h( aoo The Contract Amount is subject to final determination of Work performed at unit prices set forth in this Itemized Proposal. The quantities of items of unit price Work set forth in this Proposal are estimates only, ate not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise noted in Divisions 1, 2, 3 or 4: a) determination of the actual quantities and classifications of unit price Work performed will be made by City and b) final payment for all unit priced items set forth in this Proposal will be based on actual quantities, determined by City. The 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 arnount 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 and insurance certificates and policies and execute an Agreement within ten (10) calendar days from and after the Agreement - Exhibit E Page 1 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) 'l~~l~r,r~i - i 2 ~ ~' ~ ra a is ! 2 '3 ~/~ i- 6 ~d Enclosed is a certified check, cashier's check or bid bond in the amount of FEE s / f~zceN%" oG r~~n~ Art~~~r ~?~ o DOLLARS ($ 5 ~ aF Avwu~vr 13io ) which the undersrgned 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) calendar days as above stipulated, otherwise the bid security shall be returned to the undersigned upon signing of the Agreement and delivery of the approved bonds and other required documents to the City of Riverside, Missouri. DATED in /<nut~?5 ~J~ ~n*~JSi~S this /~ day of /~louE~ t3~2 , 2009. APAC - Karuas, Inc. Kansas City Division Con •actor ~~E.',"-,~ ;~ ~~ ~ Title '''~~ ~'.j j_.., ~j ~~ (SEA) ..,,,, Attested Title ~3/~i $PE4J«2 /Zs.AD Address 913 3~~ /ao s Telephone Number Agreement - Exhibit E Page 2 APAC-KANSAS, INC. KANSAS CITY DIVISION 4318 SPEAKER ROAD KANSAS CITY, KS fi6106 ITEMIZED PROPOSAL ITEM NO. BID ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE PRICE EXTENSION 1 Construction Surve and Staking 1 LS zses0 vo 2s oeo,0o 2 Contractor Trailer 1 LS g eb !3 000, 00 3 Mobilization 1 LS o DB 4 Removal of Improvements 1 LS /o oao, ao la nvo 00 5 Tem orar Traffic Control 1 LS /B oo, era too©o, a 6 Clearing and Grubbing 1 LS lSavo 0o aoa o~ 7 Embankment (In Place) 132800 CY o vo, 00 8 Unclassified Excavation 1024 CY p, vo a ~v _ 00 9 Sediment Fence 8323 LF /, ~~ J~ 9,~3 ~~ 10 Curb Inlet Protection 10 EA I~S,vv o..<,n ll Ditch Checks 15 EA //~, v 72. ~ 12 Sediment Basins 8 EA z ' °~"~ ~ ~, °°`° 13 APWA Ty e II Curb Inlet (5'x3') 6 EA oo / 6 zvo, 00 14 RCP End Section (18") 7 EA Ica oo r a .0 0 15 Reinforced Concrete Pi e (18") 489 LF y, po !(~ 6z(~,cv 16 11.5" Portland Cement Concrete Pavement 14450 SY ;'1,00 7~0 4vo ,oP 17 9" FI Ash Stabilization Subgrade 16800 SY 7 `fa /z~f 3zn, o0 18 4" Ty e 1 Aggregate 24.5 SY ! 00 ~? : ~ 19 Ty e 5 Aggregate (9'-0" Minimum De th) 445 SY ~, o0 5S 6z5 ,~ 20 4" Concrete Sidewalk 4343 SY ~1,, so //S ©L2, So 21 ADA Sidewalk Inserts 11 EA 3( ~, oo :3. b~, 00 22 Ty e CG-1 Curb and Gutter 8000 LF / d- 2 o ao 23 Flume Inlet (Concrete) 4 EA 2 rrlBO,oO o0 24 Seeding 10 AC / s o0 to 500.00 25 Rock Lining for Culvert Outlets 45 CY bo, o0 2 7v0, 00 26 Ty e SHR2L-1 Sign 101 SF tg, vo 4 00 27 Perforated Square Steel Tube Post, 2", 12 GA 130 LF n© o 28 Perforated S uare Steel Tube Post, 2.5", 12 G RQ !~ 10' LF / 2, E>r~ 52 , o 29 Perf. Square Steel Tube Post Anchor Sleeve, 2.5 2 GA z~a to ~K LF 2 p, e0 200, o0 30 Perf. Square Steel Tube Post Anchor Sleeve, 3", 12 GA 4 LF ZSoO 00,00 31 E oxy Pavement Marking, 6" White 323 LF I, o0 3z3 00 32 Epoxy Pavement Marking, 24" White 695 LF ~, ~a s r z - So 33 E oxy Pavement Marking, 4" Yellow 10440 LF D.1o 7 0 00 34 E oxy Pavement Markin , 18" Yellow 286 LF 5, 00 1 ~ ' , coo 35 Pavement Markin Symbol (Left Anow) 1 EA 3 z~,o o ~2> , eo 36 Pavement Marking Symbol (Right Arrow) 1 EA gz5 , eo '325 ao Agreement - Exhibit E Page 3 APAC-KANSAS, INC. KANSAS CITY DIVISION 4318 SPEAKER ROAD KANSAS CITY, KS 68108 ITEM NO. BID ITEM DESCRIPTION EST. QTY. UNIT UNIT PRICE PRICE EXTENSION 37 Pavement Marking S mbol (LeftlThru Arrow) 2 EA ~ v, vv s°x~. ©o 38 Pavement Marking Symbol (Rightfi'hru Arrow) 2 EA v o0 0o ao 39 Lighting (3" Rigid Conduit) 1977 LF ~„ , , l2 yp ~f. ~ 40 Concrete and Masonry Protection System 1 LS g ¢, S 8,vo 41 Sacrificial Graffiti Protection System 1 LS v ~F ao 42 MSE Wall 9110 SF 5a•°° S . o 43 Small Block Wall 1 LS ~z~f2, yz z,Ef2., z 44 6" Aggregate Slope Protection with Type 3 Geotextile 314 SY 2y,ao '7 o°Sv,oo 45 ransition Filler Concrete 3 CY Leo 00 46 Tem orary Shoring 1 LS loo Fkv,vo 10 Ooo 0 47 Pedestrian Fence (10'-0") (Structures) 814 LF 2~S,o0 i 3 ISo . o0 48 Structural Steel Piles (14 in.) 4005 LF So, vo ~ oa z s o , v 49 Pre-Bore for Piling 528 LF TS vo 3R vo . 00 50 Class A-1 Concrete (Bent No. 2 Ca) 186 CY z5,vv 7~ osv, o 51 Class B Concrete (Substructure) 61 CY yo o ~7 0, ~ 52 Class B-1 Concrete (Bent No. 2 Column and Footing) 151 CY z-1p, o D 770, o 53 Slab on Steel 1976 SY Z -,co ~{ i 20, a 54 Safety Barrier Curb 841 LF 6500 s=/ 665,0 55 Reinforcing Steel (Bridges) 60280 LBS o,g2 y z9. (.i~ 56 Post-Tensioning 1 LS S0 ooD v 5 57 Fabricated Structural Low Alloy Steel (Plate Girder) A709, Grade SOW 985346 LBS /, 0 0 9 S'3 `(b,v0 58 Plain Neo rene Bearing Pad 12 EA / azs , oa I z OD v0 59 Pot Bearing 6 EA 5 sv0,oo 3 noo,oo 60 Class 1 Excavation 268 CY s. D i~ 7Yv, o0 61 Bridge Approach Slab (Bridge) 171 SY z o , vv y7 5`fi0 vo 62 Conduit System on Structure 1 LS ~ yvo, o va ~a 63 emporary Coating -Concrete Bents and Piers (Weathering Steel) 1 LS 9 0~0,0o a6o, ov 64 Vertical Drain at End Bents 2 EA zon o0 ono 65 Pile Point Reinforcement 42 EA / p v o S dbo , o0 66 Corrugated Metal Pi e Pile S acers 10 EA 375,00 3 '75v o0 67 D namic Pile Testing 42 EA 30 0o ZZ zoo, o0 68 est Piles 199 LF p i o0 69 Monitoring Vibrations 1 LS y MoD 00 0 00 70 Class 1 Excavation 141 CY ' , v D X78, oD 71 Class 2 Excavation 114 CY 5 0 0 ! Ito Qo 72 Removal of existing Bridge Deck 9647 SF , 00 5 , o0 73 edestrian Fence (6'-0") (Structures) 340 LF { vII l zvv vo 74 Structural Steel Piles (10") 180 LF 3B.vo 0 0 Agreement - Exhibit E Page 4 APAC-KANSAS:, INC. KANSAS CITY DIVISION 4318 SPEAKER ROAD KANSAS CITY, KS 66106 ITEM NO. BID ITEM DESCRIPTION EST. QTY. ~I,r UNIT PRICE PRICE EXTENSION 75 Structural Steel Piles (12" 584 LF G, vo 23 00 76 Class B Concrete 66.4 CY 35 6 z /b'l,oo 77 Slab on Steel 1069 SY 255 vv Z?2 5HS, vD 78 Sidewalk 1882 SF Zo 00 3 v o0 79 Safet Barrier Curb 725 LF ~75, 0 0 5~l 375. v 80 Reinforcing steel 15480 LBS 3 1 9b v 81 Bridge A roach Slab (Bridge) 156 SY ZJv op 5 z~v. ©0 82 Conduit System on Bridge 1 LS yvv, by o0 83 Fabricated Structural Low Alloy Steel A709, Grade 50 47730 LBS 1 5 8 3©0. D 84 Fabricated Structural Low Alloy Steel A709, Grade 36 4770 LBS / g5 8 ~z . 0 85 Intermediate Field Coat (System G) Gray 4160 SF ~, ao '320, 0 0 86 Finish Field Coat (System G) Gray 2370 SF p 5~ ~ v 87 Vertical Drain at End Bents 2 EA ao r~o z ~a o 0 88 Laminated Neoprene Bearing Pad 2 EA 2 ov eo 0 0 89 L-385 Stone Ripra (18" Thick) 1580 SY 3S Do 5~ 3s0~ 00 OTAL BID (~ q SZ3_ ~ Agreement - Exhibit E Page 5 issoU~`l. vision o Labo~° S~and.a~°s WAGE AND HOUR SECTION JEREMIAH W. (JAY} NIXON, Governor Annual a~~ ®~°~.e~ ICI®ti 16 Section 083 PLATTE COUNTY Iu accordance with Section X90.262 RSMo 2000, within thirty (30} days after a certified copy of this Aimual Waga Order has been filed with flte Secretary of Statc as indicated below, any person who may be affected by this Annual Waga Order may object by filing an objection in triplicate with the Labor and Indu$trial Relations Commission, P.O. Box 599, 7efferson City, MO 6SI02-0599• Such objections must set forth hr writing the specific grounds of objection. Each objection shall certify That a copy has been fltmished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-S.OfO(1}. A certified copy of the Annual Waga Order has been filed with the Secretary of State of Missouri. bri final Signed by Carla Buschjost, Director Division of Labor Standards This Is A Tme And Accurate Copy Which Was Filed With The Secretary of State: March 10, 2009 Last Data Objections May Ba Filed; Anrll 9, 2009 Prepared by Missouri Aeparfinent of Labor and Industrial Relatlons Building Construction Rates for REPLACEMENT PAGE Seaton 083 PLATTE County 000UPATIONALTITLE ` E ectwa Data of Increase Basc Hourly Rates ver- Tfine Schedule Holiday Schedule Total Fringe Benefits Asbestos Worker 332,04 52 53 $20.48 Boilermaker 332,10 57 7 $19.85 Brickta ers-Slone Mason 331.66 58 39 314.40 Car enter 4109 33.30 83 68 $13.25 Camenf Mason 324.47 65 4 $17,Oo^ Etecfrician Inskie Wfreman 333.33 13 72 $14,20+10°!0 Communicaflon Technician USE ELECTRICIAN INSIDE W IREMAN RATE ElevatorConsfnfctor a $38.380 26 64 $19.636 O eratin En inaer Grou I 4109 $33.11 85 4 $12.76 Grou II 4109 332,30 85 4 $12.76 Grou III 4/09 $28.75 85 4 $12,76 Grou III-A 4109 330.96 86 4 $12.75 Grou IV Grou V 4(09 $28.35 85 4 $12,75 PI a Fit#er 6109 337.73 2 33 $18:24 Glazier 4109 $30.70 88 32 $14.35 Laborer Buildln General $24,80 30 4 $1220 FtrstSeml-Skilled $2620 30 4 31220 Second Semi-Skilled $26.80 39 4 $12.20 Lather USE CAR PENTER RATE Linoleum La er & Curter 4/09 331.22 48 67 $12.96 Marble Masan 6/09 $30.89 25 4 312,90 MBkvd ht USE CAR PENTER RATE Iron Worker 4/09 327.50 b0 4 $21.50 Painter 4/09 328,23 37 4 313,07 Plasterer $24.00 68 4 $18,55 Plumber 6109 337.39 45 33 $17.22 Pile Driver USE CAR PENTER RATE Roofer 8/09 33125 95 2 $12.49 Sheet Metai Worker $37.35 17 22 $14.94 S rtnklerFlEfer $35.25 14 ~ 4 $15.50 Terrazzo Worker 8109 $30.89 25 4 $12.90 Tile Seller ~ 8109 $30.89 25 4 $12,90 Truck Driver-Teamster Grou I, 4109 $29.14 100 4 $10.45 Grou II 4/09 $29.14 100 4 $10,45 Grou Ill 4/09 329.34 100 4 $10,45 Grou IV 4/09 329.34 100 4 $10,45 Traffic Control Service Driver 316.35 48 49 $2.71 Welders-Ace ane & Elecfric Fringe•Beneflt Percentage is of the Basic Houry Rate Attention Workers; if you are not being paid the appropdate wage rate and fringe benefits contact the D(vis(on of Labor Standards at (573} 751-3403. "Annual Incremental Increase `SEE FOOTNOTE PAGE ANNUA6 WAGE ORDER NO.1ES - 6/09 Building Constuction Rates for Section 063 PLATTE County Footnotes ect ve as c ver- 000UPATIONALTITLE Date of Hourly Time Holiday Totat Fringe 6enefifs Increase Rates Schedule Schedule * Welders receive refs prescribed for the occupational title performing operation to which welding Is incidental. Use Buildtng Consfruction Rates on Building construction In accordance with the classiffoatlons of construction work esfablfshed in 6 CSR 30-3A40(2). Use Heavy Construction Rates on H(ghway and Heavy consGvctlon !n accordance with the classittcations of construction work esfablfshed in 8 CSR 30-3.040{3). a -Vacation: Employees over 5 years - 8%, under 6 years - 6% ANNUAL WAGE ORDER N0.16 3/09 REPLAGEMENT PAGE PLATTE COUNTY OVERTIME'SCHEDULE - BUILDING CONSTRUCTION FED: M(nimum requirement per Fair Labor Standards Act means tlma and one-half (1 '/_) shall be paid for all work In excess of forty (40) hours per work week. NO, 2: Means the maximum of eight (8} hours shall constitute a days work beginning at 8:00 a,m. to 12:00 noon, 12:30 p,m, fo4;30 p.m. The maximumwork week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending Friday of 4;36 p,m. Because of traffic, paridng or other circumstances, the hours of work on any project may be any cont(nuous 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, behveen the hours of 7:00 a.m. and 6:00 p.m. Monday through Thursday, tvifh one-half ('/:) hour allowed for a lunch period eaa'r day. Friday maybe used as a make-up day. After ten (10} hours (n a workday, or forty (4fl) hours to a workweek, overtime shat[ be paid at a rate of one and one-half (1 %:} tlmas the regular rate of pay. Overtime performed Monday through Saturday shall bo paid at the rate of ana and one-ha1€ (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 ba paid at triple (3) Ume. Shift work may ba performed at the option of the Contractor. However, whenever shif# 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 shalt receive an add(tional ~fl,25 above the regular hourly rate and perform seven and one-half {7%=) hours vaorlc for eight (8) hours pay. Third shift employees shall be paid an addlt(onal ^0.60 above fha regular hourly sate and work seven (7} hours for eight (8) hours pay. in the event a first shift is not required, a second and third shift employee shall rece{ve an addl0onal 15%of the base rate and receive payfor actual hourstvorked. N0.13: Means a regular workday shat! cons(st of eight (8) hours between 8:00 a.m. and 4;30 p.m. Forty (40) hours, w(thin five {5) days -- Monday through Friday incfustve -• shall constitute the regular workweek. The Employer may alter the above stated hours by two (2) hours for an early starting and quirt{ng time only, not fo exceed eight (8) hours of work in any one day, When job conditions dictate and as required 6y the customer, the Employer shall be allowed to establish afour (4} day, ten {t0) hour per day workweek. This workweek 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. fo 6:00 p.m., with a one hour starting variance. Tha make-up day of Friday shall be instituted for specific reasons such as lass of production due to weather and/or holidays. All hours worked in excess of fen (10) hours per day or forty {40) hours per week or hours worked outside the normal work weak shall be paid at the applicable overtime rate. The first four (4) hours of nvedime after the normal workday, each day Monday through Friday and the firsE ten (10} hours of overtime on Saturdays shall be paid for at one and one-half (1%:=) times the regular straight Nme 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 shalt ba paid toter double (2) the regular sfraighttime rate of pay. Sundays and the recognised holidays shall be paid for at double {2) the regular straight time ra#e of pay, If vrorked. When so elected by the contractor, multiple shifts of at least flue (5) days duraiton may be vrorked. When hva (2} or three {3) shifts era 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 shNY shalt receive eight {8) hours pay at the regular hourly rata for eight (8) hours work, The second shift (saving shift) shall ba worked between the hours of4:30 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 behveen the haute of 12:30 a,m. and 8:00 a,m. Workmen on fha "graveyarci shift" shall receive eight (8) hours pay at the regular hourly rate plus 15% for seven (7}hours work. A lunch period of thlrly (30}minutes shall be allowed on each shift. Alt overtme 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 elghf {8) hours per day shall constitute a days work. The regular starting time shall be 8:00 a,m., and the regular quitting time shall be 4:30 p.m.; lunch time shall be ftive(ve (12} o'clock noon to 12:30 p.m. The regular sfarting time may, by mutual consent of employees on the Job site, and the employer, ba between 7:00 a.m. and 9:00 a,m, with appropriate adjustments made to the regular quilling time and lunch flme. All flme worked before the regular starling time and after the regular quitting time, Monday through Friday, shall ba paid at the rate of time and one-half (1'/z). All work commencing whit the beginning of the established work day on Saturday shalt be pall at the rata 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. AW16 083 OT STIP.doc Page 1 cfe Pages REPLACEMENT PAGE PLATTE COUNTY OVERTIME SCHEDULE - BUILDING CONSTRUGT[ON N0.77: Maass the regularwoddng day shall consist of eighf {8) hours of Tabor between 7:00 a.m, and 3:30 p.m, and the regular work week shat[ consist of five (5) consecutive eighf {8) hour days of labor beginning on Monday and ending with Friday of each weak, All fulltime orpart-time labor performed during such hours shall be recognized as regular working hours and paid for at fha regular hourly rate. Except as otherwise provided, all work performed outside of regular vrorking hours during the regular workweek, shall be of doubts (2) times the regular rate. Working hours may ba varied by Two (2} hours. When circumstances warrant and when it is mutually benefida{ and agreed fo by inferesfed parties, fha Employer may lnst(fufe a work week conslsUng of four (4} consecutive fen {10} hour days, between the hours of flue {5) a.m. and six (8} p,m., Monday Through Thursday, with one-half (112} hour allowed for a lunch period each day. Friday may baused as a make-up day. The make-up day will be voluntary, and a decision not fp work may not be held against fha employee. When working four (4) ten (10) hour days overtime will be paid at the time and one-half (1%=} rate for the eleventh (11r') and fvrelfth {12'~ hour, all other work wilt be paid at the double (2) Uma rate of pay. The first hao (2) hours of overtime, Monday through Friday, and the flrsf eight (8) hours on Saturday shall be at time and one-half {1%=) for all work. Ali other overtime shall be at double {2) lime. Tha first two (2) hours of overtime mustbe 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 perfonnsd outside of the regular Saturday work day Is at double (2) time. AI[ work performed on recognized holidays, or days focally observed as such, and Sundays shall be paid at the double (2} time rate of pay. N0.25: Means regularworktng hours of eight {8) hours shall wnsiitute awortdng day between the hours of 8;00 a.m. fo 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. fo 12:00 midntght, Monday through Friday, shall be paid for at one and one-half {1f) times the regutar hourly rate. From 12:00 midntght until 8:00 a.m, on any day shall be paid for of twice (2) the regular hourly rate, N0.26: Means that the regular working day shall consist of eight {8) hours wortced between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday fo Fdday, inefus(ve. Hours of work at each jobsfta shall ba those established by the general contractor and worked 6y the majority of frades. (The above working hours may be changed by mutual agreement}. Work performed on Construction Work on Saturdays, Sundays and before and after the regutar working day on Monday fo Friday, inclus(ve, shall be ciass(Ued as overtime, and paid far at double (2}fha rate of single time. The employer may establish hours worked on a jobslfa for a four (4) fen {10) hour day work week of sfratght time pay for construction work; fha regular working day shall consist of ten (10}hours worked consecutively, between 6:00 a.m. and 6:00 p.rn„ four (4} days per week, Monday fo Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays, and before and after fha regular working day on Monday fo Thursday where a four (4} ten {70) hour day workweek has bean established, will be paid at tyro f(mes (2}the single time rate of pay. The rate of pay for all work performed on holidays shall be at fivo times (2}fha single Uma rate of pay. NO. $0: Means Monday through Sunday shall constifufa the work week. Regular starting Ume shall be 8;00 A.M„ except when the woik week is scheduled as a week with staring Time advanced or delayed. Starting Ume may be advanced or delayed by the employer up to hvo (2) hours from the regular starting time. Eight (8} hours shall consflfufa fha work day, All work performed prior fo or after fha regular eight (8) hour work day, as described above, and all work perforated on Saturday sfiall be paid at 8ms and one-half (1'/=) The regular rate, in the event that a scheduled eighf {8) hour work day Is missed (not fo Include holidays) because of events out of the control of the contractor, then that missed work day may be made up atstraighf time The following Saturday. It is recognized that not alt employees working on a Saturday make-up day wilE have worked the same number of hours during the regular work weak, it is further recognized that any work after fha forty (40} hours in a week mustbe paid at time and one- half (1Y:), Saturday make-up day shall not be used fo make up far Ums last due fa 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 Priday make-up day is allowed. If using a 4 (10) schedule, any work more Phan fan (10) hours in a day or folly (40} hours in a work week shall be paid at the time and one-half (1 %_} cafe. Friday make-up day shall riot be used to make up for time lost due to recognized holidays. Ali work perforated on Sundays or holidays shall be paid at the double (2} time rate. AW16 083 OT STIP,doo page z ofe Pages REPLACEMENT PAGE PLA'T'TE COUNTY OVERTIME SCHEDULE • BUILDING CONSTRUCTION N0.37: Tfie Employer may choose, at his discretion, to work five eight hour days or four fen hour days w(th a Friday make-up day, Monday through Friday of straight time. Overtime shall ba paid offer eight (8) hours when working "five e(ghfs° and after fen hours when working "Four tens°. Ail work performed on Sundays and recognized holidays shall be pa(d for at the rate of double (2} Dme. AI i Saturday work shall be paid for at the rata of time and one-half (1Y=) fhe regular wage rata. All night work during the ragulart4orktveek other than the above-mentioned days shall be paid for at the cafe of time and one-half (1%=) the regular wage scale unfit midnight and double (2) time after midnight except makeup time wilt be allowed under the following condiDon: in the event of inclement weather on exterior projects which prevents working the full regutar eight (8) hour day, forty (40) hour work vreek schedule, a Saturday make-up day can be granted. Then said work on Saturday shall be paid at the shalght time rata of pay up fo a maximum total of forty (40}hours per week. N0.45: Means eight (8} hours shall constitute a day's work, beginning at 8:00 a,m. and ending at 4;30 p.m. The regutar work week shalt be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of traffic, parking and other dreumstances, the hours of work on any project may begin as eady as 8:00 a.m, with eight (8} hours worked between 6:00 a.m. and 4:30 p.m. Whon circumstances warrant and when if is mutually beneflc(al and agreed to, fhe employer may institute a workweek consisting of four {4} consecutve ten (10}hour days, between the hours of 7;00 a.m. and 6:06 p.m., Monday through Thursday. Friday may ba used as a makearp day, After fen (10) hours fri a workday, or forty (44) hours to a workweek, ovart(me shall be paid at a rate of one and one-half {1%=) times the regular rate of pay. Ai[ overtime Monday through Saturday shalt ba paid at the rate of time and one-half (1%j the regular rate of pay. Sunday and recognized ho3tdays shall be paid at double (2} time, Labor Day shalt be paid at fipie (3) time. Shift work may be perforated at fhe opt(on of the Contractor. However, whenever shifE vrork is performed it must cover a period not less than {5) consecutive working days. The day shift shall vrork a regular eight (8) hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for e(ght hours paid) shall be twenty-five cents {"0.25) over and above the hourly rate. The hourly rata for third shift (seven hours worked, etahthours paid} shall be fiffy cents 00.50) above the hourly rate, If no first shift is worked, second and fhtrd sftlft employees shalt receive an addittonai fiHeen percent (15%) over and above the hourly rate for actual hours worked, N0.46; Means fhe regular work day shall be eight (8) hours from 6:00 a.m. fo 6; 30 p.m. Starting time may be between 6:00 a.m. and~10:00 a,m. The regutar work week shall be forty (40} hours, beginning behveen 6;00 a.m. and 10:00 a,m. on Mondayand endtng between 2;30 p.m, and 5:30 p.m. on Friday. All hours In excess ofthe regutar work day and work weak shall be considered overtime. Overtime on days recognized as regular work days and on Saturday shad be paid for at the rata of time and one-half (1%) the regutar rate, Sunday and recognized holidays shall be paid for at the cafe of double time (2) for time worked. Tha 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 pedod of at least four (4) days. NO.48: Means the regulariy scheduled work week shall be five (5} consecutive days, Monday through Friday or Tuesday through Safurday. Eight (8) hours shall constitute a days work, Starting time shalt not be settler than 7:D0 a.m. nor laferthan 10:00 a.m. Forty (40) hours shall constitute a week's vrork. Overtime of the rate of t(me and one- half (1'/=} tMli be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, al! work performed on Saturday will be time and one-half (1'/=}unless time has been lost during the week, in which case Sa€urday v,1fl be a make up'day to fhe extentof the lost lima. On fhe Tuesday through Saturday schedule, elf work performed on Monday will be time and one-half (1'/==} unless time has been lost during the week, in which case Mondaywill ba amake-up day to the exfen# of the lost time. Any work performed on Sunday wit l be double (2) time. If employees work on arty of the recognized holidays, they shelf be pa(d time and one-half (1Y~}their regular refs of pay for all hoursworked. N0.5D: Means eight (8) hours constitute a normal day's work Monday through Friday, Any f(me worked over eight {8) hours will normally be pa(d at t(me and one-half {1%:) except for exclusions stated 1n some foltoWing additional sentences. Tha Employer, at his discretion, may start fhe work day between 6:00 a.m. and 5:00 a.m. Any schedule chosen shall be sfarted at the beginning of the wodc week (Monday) and used for at least five days. Work maybe 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 racy 6e used as a make-up day tNnen time is lost due to inclement weather. Time and one- haif (1%zJ shall be paid for any work in excess of eight {8) hours in any regular work day Monday througft Friday unless working 4-10's, then time and one-half {1%) after fen (10) hours. All work performed on Safurday will be time and ona- half {1%=}. Double (2) t(me shall be paid for all work on Sundays and recognized holidays. AW16 083 OT STIP.doo Page 3 oE8 Pages REPLACEMENT PAGE PLATTE COUNTY 6VERTIME SCHEDULE -BUILDING CONSTRUCTION NO, 52; Means the regular workweek shall consist of five (5} eight {8) hour days, Mondaytltrough Friday. The regular workday shell consist of a eight (8) hour period, fo be worked between the agreed upon s#arting time, and ending no tarter than 4:30 p.m, The agreed upon staling time shall be any t(me between the hours of 5:00 a.m. and 8:00 a.m. The option exists for the employer fc use a four (4) day, ten (i0) hour work week. Days worked shalt be Monday through Thursday or Tuesday through Friday. If the job requires men on duty alt five (5) days, then part of the craw may work the first four (4) days and the remainder of iha crew may work fha last four (4j days. Hours each day shall be from.7;00 a.m. tc 5:30 p.m. Inferesfed party's on the protect must agree fo this Disuse before it may Be used. Once ibis clause has been put into effect, it shall remain as long as the majority of iha Employees on the protect and the Employer agree fo keep It The four {A) day clause shall not be used #o circumvent a Holiday. Except as othetvrlse prov(ded, alt work performed outside the regular working hours and performed during the regular work weak {Monday through Friday) shall be at the following rates of pay: Holtdavs-New Year's Day, Memorial Day, Independence Day, Thanksglvtng bay, Chlstmas bay (or days observed as such) shall be recognized as Holidays that shall be paid at tyro (2) Vmes the regutar cafe of pay. . Labor bav-Notvork shall be performed on Labor Day exeepttn special cases of emergency. Rafe of pay shelf be of three (3}times the regular rate bf pay. Overtime•Work performed oufstde of the regular work day (the regular work day shall consist of an eight (8) hour perod, fo be worked be[wasn the agreed upon starting time, and ending not later than !3:30 p.m. The agreed upon starting 6me shall 6e any Elms behveen the hours of 5;00 a.m. and 8;00 a.m., by mutual consent of the fnferested party's.}, shall be; A. Hours worked Monday through Friday, iha first hvo (2) hours of ovallme will be paid at time and one-half (1%:). Alt other overtime will be paid at the double (2) Elms cafe. B. The first fen {10) hours worked on Saturday will be paid at time and one-half (1'/z), with ail other hours to be paid at the double (2) time cafe. C. Sundays and Hol(days (except Labor Day) shall be paid atUte double (2) time rata. N0, 57: Means eight {8} hours per day shalt constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting t{me shall be 8;00 a.m. The above may be changed by mutua! consent of authorized personnel. When circumstances warrant, the Employer may change the regutar Srorkweak to four (4) fen-hour days at the regular time cafe of pay. It being understood that all other pert(nent information must ba adjusted accordingly. All time worked before and after the established vrorkday of eight (8} hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and one-half (1%=) excepf (n cases where work Is pal of an employee's regular Fdday shift, Ail tlma worked on Sunday and recognized holidays shall be pall at iha double (2}time rata of pay. N0.58: Means eight (8) consecutive hours, beivreen 6:00 a.m. and 5:30 p.m., shalt constitute a days work. Five (5) days work, Monday through Fdday, shall constitute a normal work weak, Work performed in excess of eight (8) hours per day or eight hours bayottd normal start(nc time for that project exclud(ng lunch Monday through Fdday, and all work performed on Saturday, shall be paid for the cafe of time and one-half (1'/2). When Sundays and recognized holidays are worked, the worker(s) shall be paid at the refs of doubts (2) t(me. Work maybe scheduled on a four (4) days a week {Monday through Thursday) at fen (10) hours a day schedule at straight time. A Friday make-up day is available if time is lost due fa inclement weather and at (east sixteen (16) hours, but not more than thirty (30) hours, were worked dudng the week, N0.63; Means eight (8) hours shall constitute the regular work day between Brae That may bQ advanced or delayed 6y two (2) hours on either side of 8:00 AM. Tho Employer may establish a vrork week consisting of four (4) days, Monday through Thursday, each day consisting of fen (i0) hours straight tlma. Tha 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 vrNl be paid at the rata of time and one-half (1'/), Ail work perform@d on Saturday shall be paid at time and one-half (i'/=). Ail work perforated on Sundays and recognized holidays must be paid at double (2) t(me, All work performed prior fo or after the regutar eight (8) hourwork day, or fen (i0) hour work day, as described above shall be paid at time and one- half (1%) theragular rate. AWi 6 083 OT STIP,doc Page 4 ot8 Pages REPLACEMENT PAGE PLATTE COUNTY OVERTiMESCHEDUlE-BUIlDINO CONSTRUCTION N0.65: Means Monday through Sunday shall constitute the wodc week. Regular starting time shall be 8:OD a.m., with one half hour for lunch between three and one-half (3%z) end five (5} hours after starting time. Tha starting Ume may be advanced by hvo (2) hours or delayed one (1} hour by the employer from the regular starting time. Ail work performed before the advanced starting tfms and during the half hour lunch shall be paid at the overtime rate of time and one-half (1%). Work performed outside these hours shat) be paid at the overtime rate of time and one-half (1%=), except as provided othervafse below. Air woiie performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When fhe start time Is delayed past 9:04 a.m., the employee's pay shall start at 9:00 a.m, and all time, after the normal quitVng t(ms (8:30 p.m.}, shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. A31 work performed pdar to or after the regular eight (8) hour work day, as described above, and a(I work perforated on Saturday shall be paid at t(me and one-half (1'/z) the regular rate. (n the avant that a scheduled eight (8) hour vrork day is missed (not including recognized holidays) because of inclement weather, then that missed work day may be made up of straight time on the following Safurday. If Is recognized that not all employees tvor{dng on a Saturday makeup day vaili have worked the same number of hours during the regular wort week, It is further recognized chat any work after forty (d0) hours must be pafd at time and one-half (1'/:), The employer may establish a d-10's schedule on projects (4 days with 1D hours per day at straight time). In order fo use the d-10's schedule, the employer must schedule the d-1O's for a minimum of one (1) vreek, if us(ng a d-10's schedule, a Friday make-up day is allowed. No. 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 flue hours after starting t(me. The starting time may ba advanced or delayed by fho employer up fo one hou€ from the regular sfart(ng time. All work performed before the advance starting time and during the half hour lunch shall be pafd at the overtime rate of Time and one-half (1%=), Work performed outside these hours shaA be paid of the overtime rata of time and one-half (1'/=}, except as provided otherwise below, All work performed on Sundays or holidays shall be paid at the double (2) time rate. Eight (8) hours shall constitute the work day, All work performed prior fo or after the regular eight (8) hour work day, as described above, and all work performed on Safurday shalt be pafd at t(me 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 lnctementweather, then that missed work day may be made up at sGatght t(me on the Saturday in the week of the pay period. It Is recognized that not all employes work(ng on a Saturday make-up day will have worked the same number of hours during the regular work weak. 3f is further recognized that any vaodc after forty (d0) hours must be pafd at time and one-half (1'/=}. Tha employer may establ[sh a d-10's schedule on projects (4 days vaith 10 hours per day at straight time). In order fo use the d-10's schedule, the employer must schedule the 4.10's for a minimum ofone (1) week, I€us(ng a 4~10's schedule, a Friday make-up day is allowed, N0. 85: Means the vrork week shall be Monday through Sunday. Eight {8} hours shat! constitute a days wodc to begin between 6;00 a.m. and 9;00 a.m. and end between 2:36 p.m. to 5:30 p.m. Employees required to work during their lunch period shalt receive the overtime rats. Employees shall receive time and one-half (1`/z) for all time they aro required to work prior fo their normal starting time or after eight (8) hours or normal quftUng time Monday through Friday, or ail day on Satuntay. tf an Employer has started the work week on a five day, eight hours a day schedule, and due fo Inclement weather misses any time, then he may svaitch to a nine or ten hours a day schedule, at straight Ume, for the remainder of that work week to order to make up for the Lost time (10-hour make-up day). All work over ten (10) hours a day or over forty {d0) hours a week must be paid at flme & one-hal€ (1%). Sundays and recognized holidays shall ba 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 sGafght 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 ba Monday through Thursday with Erfday being a make-up day at straight time for days missed fn the regular workweek due to indemenf weather. If 6-8`s are being worked, Saturday may ba used as a make-up day at straight time if Inclement weather prevents work during the normal work week. AW16 083 OT STIP,doc Pege5 orb Pages REPLACEMENT PAGE PLATTEGOUNTY OVERTIME SCHEDULE • BUILOIN© CONSTRUCTION No. 88: Means the regular work week shall consist of five (5) eight {8) hour days, 8:00 a.m. fo 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 tfma advanced or delayed as described below. The starting time maybe advanced or delayed by one hour on either side of 5:00 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, dudng the regutarvtorkweek, each day consisting of ten (10) hours at straight time. The 9-10's must run for a period of aE least four (4) days. Ttma and one-fialf (1%:) 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 {1'/z) for the Friday and Saturday foifowing -ihanksgtvtng. Double (2) tims shall be pa(d for the fol(ovring time worked on Sunday, New Year's Day, Memodaf Day, Foarth of July, Labor Day, Tfsanksgiving Day and Christmas Day, as well as any work in excess of eight {8} hours on a Saturday and the Saturday of a three<tay weekend (except the Saturday foltoWing Thanksgiving}. N0.95;. Means a regular workday shall consist of eight and one-half (8'/=) hours elapsed ftme, including one-half hour for lunch. -the crew starting times shall be flexible within the period of dayifght 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 forf}+ (40) hours of the sfraight time rate in one veeek shall be paid at time and one-half (1%:) the straight time rato, Saturday shalt be a voluntary make-up day at sfraight lime of the discretion of the confracfor and with the consent of the employees. Sunday and recognized holidays shall be paid for atdoubls (2) time. NO. T06; Means e(ghf (8) hours shalt constitute a dais work, and five (5) continuous eight-hour days shall constitute a week's work, Monday Through Friday. Tune and one-half (1%) the rsgular 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 tims shall bs between 6:00 a.m. and 9;00 a.m. All work over eight (8) hours to a regular 5-day 8-hour schedule shall bs at the appropdafe avertime rate. All finte worked before the regular scheduled starting time shalt ba paid for at the rate of t(me and one•half (1'/=) and shat( not apply fo regular shift. All Ume woticed after eight (8) hours in any ons day or after 5:30 p.m., whichever comes first, shall be paid at the time and one-half (1%z) rate. An Employer, at his option, may sleet to work four (A) fen (10) hour days, Monday through Thursday, at sfraight time. Ali such work mast be done of (east one wsek in durat(on. Alf work over ten (10} hours in one day or forty (4D) hours in a week shall be at the overtime rate, Any employee who fs scheduled to work on any regular work day but is prevented from working because of weather conditions, shall be permlHed fo work on Saturday (Fdday if working 4-10's} as a make-up day at the sfraight time rata o€ pay. When an employee Is required fo work on any recognized holiday they shalt receive the double (2) time rata for all time that they are required fo perform work. All time worked from 12:00 Midnight Saturday fo 12:00 Mldnlghf Sunday shall be paid for at the refs of double (2) time on single shift. AW16 083 OT STIP.doo Pege a ofs Pages REPLACEMENT PAGi~ PLATTE COUNTY HOLIDAY SCHEpULE ~ BUILDING CONSTRUCTION N0.2: P;II work performed on New Years Day, A9emorlal Pay, Fourth of Juty, Labor Day, Thanksgiving Day, Chdsfmas Day, or the days observed as such, shall be paid at the double time rate of pay. N0.4: All workdone on New Year's Day, A4emorial Day, independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double t(me rate of pay. if any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. {f any of the above holidays fall an Saturday, Friday will ba observed as the recognized holiday. N0.7:Ali work done on Nsw Years pay, Memariai Day, Independence Day, Labor Day, Veferan's pay, Thanksgiving Day, and Christmas Day shall be paid at the double tame rafa of pay. If a hol(dayfalls on a Sunday, it shall be observed on the following Monday. if a holidayfal(s on a Saturday, it steal! be observed on the preceding Friday. N0.22: All work performed on New Year's Day, Memorial Day, tndependence bay, Labor Day, Thanksg`IVing Day, Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on Safutday, Friday shall be observed; if tt 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: AlEwork performed for the Friday and Saturday following Thanksgiving shall be paid at the lime and one-half (1%z} rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor pay, Thanksgiving bay and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above holidays falls on Sunday, thefollow(ng Mondayshall be observed and v/nen one of the above holidays falls on Safutday, the preceding Frldayshall be observed. N0.33: Afl work done on New Yeats pay, Memorial aay, Fourth of duly, Thanksgiviing Day and Christmas Day shall be paid of the double t(me rafa of pay, Labor Day shall ba paid at the fdple (3) t(me rate of pay. If the holiday falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preced(ng Friday vtill be observed, N0.39: No work shall be done on the following holidays: New Yeats Day, Memorial Day, Independence Day, Labor Pay, 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 preced(ng Friday shall be a holiday. N0.49: The following days sfialt be observed as legal holidays: New Yeats Day, Decoration Day, Jaly4th, Labor Day, Thanksgiving pay, Christmas Day, Employee's birthday and two (2) persona( days, The observance of one (1) of the personal days fo be limited fo the time between December 1 and March 1 of the following year. If any of these holidays fail on Sunday, the following Monday will be observed as the holiday and if any of these holidays fait on Saturday, the preceding Friday will be observed as the holiday. If employees work an any offhese holidays they shall be paid time & one-half (1'/z) their regular rate of pay for all hours worked. N0, &3: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such forthese holidays shall bs paid at the double (2) time rata of pay. No work shall be performed on Labor Day except fn special cases of emergency, and then the rate of pay shalt be at three (3) times the regular cafe of pay. When a holiday falls on a Sunday, the following Monday shall ba observed as the holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. N0.54: Ail work performed on New Yeats Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, ThanksgMng Pay, the Fridayafter Thanksgiving Day, and Chdstmas day shall be paid at the double (2}time rate of pay. When a holiday falls on Safutday, it shall ba observed on Friday. When a holiday falls on Sunday, it shall ba obsen+ed on Monday. ANNUAL WAGE ORDER N0,16 AWO18 883 BHoI STIP.doc Page 1 of 2 Pages ° REPLAGEMENT PAOB PLATTE COUNTY HOLfDAY SCHEDULE - BUtLDINr; CONSTRUCTION N0. fi7: All work performed on NewYears Day, Memodal Day, Christmas Day, Fourth ofJufy and Thanksgiving Day, from midnight to midnight, shall be paid for at the rate of double itme (2) the baslo rate ofpay If required to work fn addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on Labor bay. R7ardn Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall ba considered optlonaf holidays, and if the Employer and employees agree thatwodc will be performed on that day, no premium paywili be repotted. Should any ofthe above holidays fall on Saturday, the holiday will be observed on Friday. Should any of the above holidays fall on Sunday, the holidaywill be observed on Monday. N0, 88: All work performed on New Year's Day, Decoration Day {Memorial Day), Independence Day (Fourth of July), Labor Day, Tftanksgiving Day, Christmas Day, or days observed as such, shall tae paid at the rata of double (2) time, When a holiday falls on a Saturday, Friday shalt 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 Ilfe or property. Where one of the holidays specified falls or is observed during the work weak, than all work performed over and above thirty-two (32j hours in that week shall be paid atthe rate of Hme and one-half (9'/:). N0, 72: AN work performed on Naw Year's Day, Memorial Day (fast Monday in May), Independence Day, Labor Day, Thanksgiving Day and Chr€stmas Day shall be paid for at double (2) the regular straight time rate ofpay. Any one of the above Its#ed itol(days falling on Sunday shalE be observed on the following Monday and paid for at double (2) the regular straight time rate ofpay, if worked. Any one of the above listed holidays falling on Saturday shat! be observed on the prior Friday and paid for at double (2) the regular straight time rate ofpay, ifworked. No work shall be performedon Labor Day except in case of emergency. ANNUAL WAGE ORDER N0.16 AW09S o83 BHd STIP.doo page 2 oft Pages HeavyConsfrucHonRatesfor REPLACEMENT PAGE Section 083 PLATTE County 000UPATIONAi. TITLE E ecttve Date of fncreasa Basic Hourly Rafes ver- Ttma Schedule Hol(day Schedule Total Fringe Banef(ts CARPENTER Journe men 4/09 ^33.30 1 17 ^~13.2b ' Miilwrl ht 4109 $33.30 1 17 X13.25 Pl[e Driver Worker 4/09 $33.30 1 17 x;13.25 OPERATING ENGINEER Grou I X31.09. 3 2 w12.87 Grou II ~ $30.05 3 2 X12.87 Grou 111 X30.05 3 2 X12.87 Grou 1V X25,58 3 2 X12.87 Oiler-Driver X28.93 3 2 $12.87 CEMENT MASON. X24.02 3 2 $16.38 LABORER General Laborer ~y26.03 3 2 v11.14 Skilled Laborer X27.24 3 2 ' $11.14 TRUCK DRIVER-TEAMSTER Grou 1 X2$.21 3 2 X10.65 Grou II $28.21 3 2 u~10,66 Grou Ill ~a28.2T 3 2 X10.65 Grou IV $28.21 3 2 x^10.65 Use Heavy Construction Rafes on Highway and Heavy consfruction In accordance with the classifications of construction work esfablished in 8 CSR 30-3.040(3). Use Building Construction Rafes on Building consfruction in accordance with the classifications of construction work established in 8 CSR 30.040(2), If a worker is pertorming work on a heavy construction protect within an occupational title that Is not listed on the Heavy Construction Raie Sheet, use the rate for that occupafiona[ title as shown on the Building Construction Rate sheet. ~Annua! Incremental Increase ANNUAL WAGE ORDER N0.16 6109 PLATTE COUNTY OVERTIME SCHEDULE - HEAVY CONSTRUCT[dN FED: Minimum requirement per Fatr Labor Standards Act means time and one-half (1'lz) shall be pa(d foralf work to excess of forty (40) hours perwork week, N0.1: Means (8) hours shat! constitute the regular work day between time that may be advanced or detayed by hvo {2) hours on either side of 8:00 AM, The Employer may establish a work week consisting of four (4j days, Monday through Thursday, each day consisting of fen {10) hours straight time. The four (4) tens (10s}must run for a period of of feast four (4) days, Monday through Thursday, Ail work on Friday on a four (4}fens (10) project vril[ be patd at the rate of time and one-half (1 %:). All work performed on Safurday shall b'e paid at lime and ono-half (1%z}. All vaork performed on Sundays and recognized holidays must be paid of 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 shalt be patd at time and one-half (1'/)the regular cafe. N0.3: Means a regular workweek shall consist of not mora than forty (40) hours ofwork and alt work pen`ormad over and above ten (10) hours par day or forty (40} hours per~veek shall be paid atthe rata of time & one-half (1'/z). Workers shall receive ttme and one-half (1Yz) for alt work performed on Sundays and recognized holidays. Double {2) flme shall be paid far work performed on Sundays or recognized Bolidays when and only (f any other craft employees of the same employer at vaork on that same job site are receiving double (2) time pay for that Sunday or Holldaywork. Awork day is to begin between 6:00 a.m, and g:00 a,m. at fha option of the Employer exceptwhen inclement weather or other conditions beyond the reasonable control of the Employer prevents work, fn whtch oven!, the starting time maybe detayed, but not Later than 12:00 noon. Where ono of the recognized holidays faits or Is observed dudng the work week, then all work performed over and above thirty-two (32) hours In that week shall be pa[d at the rate of time and one-half (1%z}. ANNUAL WAGE ORDER N0,18 AWO16 083 HOT.doc Pago 1 of 1 PLaTTE couNTY HOL[DAY SCHEDULE -HEAVY CONSTRUCTION NO, 2; All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Pourtft of Jaly}, Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shalt be paid at the rate of time and one-half (1%}. Double {2) time shalt be paid for work on Sundays or recogn(zed 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 Laborbay, except in case of jeopardy of Life or property. This rule (s applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be observed; vrhen the holiday falls on a Sunday, the following Monday shall be observed. Where one ofthe specited holidays falls or Is observed dudng the work vreek, then all work performed over and above thirty--two {32) hours fn that week shall be paid at the rate of time and one-half (1%). NO. '17: All workperformed on New Year's Day, Decoration Day {Memorial Day), Independence Day (Fourth of July}, Labor bay, Thanksgiving Day, Christmas Day, or days observed as such, shalt be paid at the rate of double (2) t(me. When a holldayfalls on a Saturday, Friday shalt Be observed. When a holiday falls on a Sunday, Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of the holidays specified falls or Is observed during the avork 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'/z). AWOt6 083 HHol.doa ANNUAL WAGE ORDER N0.16 Paga i of 7 OUTSIDII ELECTRICIAN These rates are to be used for tfie following counties: Bates, Benton, Carroll, Cass, Clay, Henry, Tackson, Johnson, Lafayette, Pettis, Platte, Ray and Salina COMMERCL4L WORK Occu ational Title Basic Tofal Hourl Brie e Rafe Benefits Tounre man Lineman X36,19 X4.75+34% LinemanO exator $33.77 $4.75+34% Gxoundman $23.98. $4.75+34% UTILITi' WORK Oceu ational Title Basle To#al Hourl Frin e Rate Benefits Joumo an Lineman $33.45 x^4.75+34% Lineman O exator $30.92 X4.75 + 34% Gxoundman ~2L56 X4.75+34% OVERT)ME RATE: Light (8) hours ofwork behveen the hours of 8:04 a,m. and 4:30 p.m, shall eonsfitufe a work day. Forty (40}hours within the five (5) days, Monday through Frday inclusive, shall constitute the work week. Starting Time may be adjusted not to exceed two (2) hours. Work performed outside o£the aforementioned wilt be paid at the applicable overtime rate. When starting time has been adjusted, all other provisions concerning the work day shall bo adjusted accordingly. Tha overtime rato of pay shaII be one and one-half (1%z) Times the regular rata of wages, other than on Sundays, holidays and from Midnight unfl16:00 a.m„ which Fvill be paid at double {2) the straight time rate. HOLII?AX RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Tabor Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time rate ofpay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on Sunday, it will bo observed on Monday, and shall be paid for at double (2) the regular shaight time rate ofpay, ANNUAL WAGE ORDER N0.16 aros KC 7.ONH 1 A\~llfidoa PROJECT MANUAL Riverside Cit~Annax .. Demolition Ciiy of Ttiverside, Missouri September 28, 2409 TABLE OT+ CONTRNTS D1VI9TON Q - BIDDING AND CONTRACT DOCUMENTS 00020 - Notice to Contractors 00100 - Instructions to Bidders 00120 -Bid Bond 00200 - Experience Questionnaire 00300 -Work Authorization Affidavit 00400 -Agreement Exhibit A Swpe of Work Exhibit B-Performance Bond Exhibit C-Payment Bond Exhibit D -Proposal Exhibit&Prevaiiing Wago 12atas BILL NO. 2009-161 ORDINANCE NO. 2009-161 AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH, AND PAY CERTAIN FUNDS TO APAC-KANSAS INC. FOR CONSTRUCTION SERVICES RELATED TO ARGOSY PARKWAY NORTH WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and engaged in negotiations with ("Contractor") for provision of construction services related to the Argosy Pazkway North Project under consideration by the City (the "Services"). WHEREAS, the City and the Contractor 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 constructing Argosy Parkway North (the "Project"). Section 2. The City of Riverside shall enter into an agreement whereby Contractor shall provide the construction Services related to the Project to the City at a total cost of six million five hundred ninety one thousand five hundred seventy three dollars and 61 cents, $6,591,573.61(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 aze 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 necessayy 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 17`h day of November, 2009. ~' Mayor Kathleen L. Rose