HomeMy WebLinkAbout2009-189 - R.A KnappBILL N0.2009-189
ORDINANCE N0.2009-189
AN ORDINANCE AUTHORIZING THE CITY TO ENTER INTO A CONTRACT
WITH, AND PAY CERTAIN FUNDS TO RA. KNAPP CONSTRUCTION, INC. FOR
THE 2009 STREET AND SIDEWALK MAINTENANCE PROJECT
WHEREAS, the City of Riverside, Missouri ("Cite has received competitive bids and
engaged in negotiations with R.A. Knapp Construction, Inc. ("Contractor's for provision of
construction services related to the 2009 Street and Sidewalk Maintenance 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 ~4ereby determined and declared to be necessazy to
accomplish and serve the public purpose of improving streets and sidewalks in the City,
including Valley, Cherokee, Northwood, High Drive, Woodside, Flintridge, EH Young Pazking
Lot and Renner Brenner Parking Lot(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 $327,412.74(the
"Agreement'.
Section 3. The execution and delivery of the Agreement, in substantially the form attached
hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Agreement and to
take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of
the City, the execution of the Agreement being conclusive evidence of such approval.
Section 4. The Mayor, the City Administrator, the City Attorney and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements and other documents, as
may be necessary or convenient to perform all matters herein authorized.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval.
passed this~~v day of ,.~ . 2009.
ayor Kathleen L. Rose
S
ity erk
City of
2950 NW Vivion Road
Riverside, Missouri 64150
816-741-3993 or FAX 816-746-8349
www.riversidemo.com
December 23, 2009
R.A. Knapp, President
R.A. Knapp Construction
6501 Miami Avenue.
Kansas City, Mo 66111
Deaz Mr. Kanpp:
Please find enclosed two agreements executed by Mayor Rose between Briarcliff'
Development, Co. and the City of Riverside. Please return one executed original
agreement to me.
If you have any questions, please contact Travis Hoover at 816-741-3993.
Sinc ely~
~~~
uise Rusick,
City Clerk
yi. `~.
1'.
Missouri
C+~
AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
R.A. KNAPP CONSTRUCTION
FOR
COMPLETION OF
2009 Street and Sidewalk Maintenance Project
CONTRACTOR• R . A • KNAPP CONSTRUCTION
ORDINANCE NO.: 2009-189
CONTRACT PRICE: ~ 3 2 7 , 412.7 4
Agreement 00400-1
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
2009 STREET AND SIDEWALK MAINTENANC PROJEC
THIS AGREEMENT, made and entered into as of the ~?~~~~of ~
and between the City of Riverside, Missouri "Ci y 2009, by
("Contractor"), shall govern all Work to be provided by Contra for forCity on the Project.Construc ion
WHEREAS, City, under the provisions of Ordinance No, 2009-?89 ,duly approved
December 22, 2009 and by virtue of the authority vested in City by the general
ordinances of City, intends to enter into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City,
and the City Adnunistrator ("Administrator") is authorized to perform Administrator's functions set forth in
this Agreement; and
WHEREAS, Administrator may designate one or more engineers, architects, or other persons to
assist Administrator in perfomung 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 WO K
A. Contractor shall provide and pay for all Work for the Project.
B. "Project," as used in this Agreement and the other Contract Documents, means the
building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement.
It may also include construction by City or others.
C. "Work," as used in this Agreement and the other Contract Documents, means all labor,
services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to
accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications
Agreement 00400-2
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 Work may refer to the whole Project, or only a part of the Project if work
on the Project also is being performed by City or others.
D. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. City
shall not be required to make any adjustment in either the Contract Amount or the time for performance of
the Work because of Contractor's failure to do so.
ARTICLE II
CONTRACT AMOUNT
A. Provided Contractor performs all Work in accordance with the Contract Documents
and complies fully with each and every obligation of Contractor under the Contract Documents, Cit~ shall
pay Contractor the sum of Three Hundred Twenty Seven Ttu3usand Four HundredTwelve arl ~ou`~r
Dollars ($327,412.74 ~, This amount shall include all costs, permit fees, profit, overhead, expenses, taxes,
and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount."
B. The Contract Amount is subject to final determination of Work performed at unit
prices set forth in Exhibit E to this Agreement. The quantities of unite price Work set fortli in Exhibit E are
estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an
initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of
the actual quantities and classifications of unit price Work performed will be made by City and (2) final
payment for all unit price items set forth in Exhibit E will be based on actual quantities, detemuned 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, pemmt fees, profit,
overhead, expenses, taxes and compensation of every kind in connection therewith are included in the prices
set forth in Exhibit E.
D. If estimated quantities set forth in Exhibit E are materially changed so that application
of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit
prices shall be equitably adjusted.
E. This Agreement is subject to the City Ordinances, and payment shall be limited to the
amount of particular appropriation for the Work by the Board of Aldermen. The total payment under this
Agreement shall not exceed the appropriation contained in Ordinance No. 2009- 89
Agreement 00400-3
authorizing the Work, and Contractor shall not seek, nor be entitled to, payment exceeding this amount
unless City directs Contractor to perform additional work in accordance with Article VI of this Agreement,
and City enacts another ordinance authorizing the amount City agrees to pay under Article VI.
ARTICLE III
PROGRESS OF WORK/SUBMITTALS
A. Contractor shall commence performance of the Work on the date indicated in a written
notice ("Notice to Proceed") that shall be given by City to~ Contractor.
B. Contractor shall achieve Substantial Completion (as defined in Article V, Paragraph F
of this Agreement) of all the Work not later than 75 working days after the date indicated in the Notice to
Proceed for commencement of performance of the Work. A working day is any day, except Saturdays,
Sundays, and holidays, in which inclement weather does not prevent at least six hours of continuous working
time. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items
as promptly as permitted by weather conditions or any other conditions affecting completion of the Work.
C. Time is of the essence in the performance of the Work and any other Contractor
obligations under the Contract Documents. Contractor shall upon commencement of construction work daily
to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This
Paragraph C 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.
D. Promptly after the execution of this Agreement, and in any event before commencing
performance of the Work, Contractor shall submit to City for approvai a construction schedule that specifies
the dates on which Contractor plans to begin and complete various parts of the Work, including dates on
which information and approvals are required from City. Upon City's written approval of the schedule,
Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule
on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the
Project. With each Application for Payment Under Article V of this Agreement, Contractor shall submit an
updated, current schedule. Neither the original schedule nor any update shall exceed time limits current
under the Contract Documents.
E. In the event Administrator detemaines that performance of the Work is not progressing
as required by the Contract Documents or' that the Work is being unnecessarily delayed or will not be
finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to
any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such accelerafion 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.
F. Contractor shall submit to City for review and approval all shop drawings, samples,
product data, and similaz submittals required by the Contract Documents. Contractor shall be responsible to
City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepaze
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
Agreement 00400-4
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform .all Work strictly in accordance with approved submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from errors or
omissions of any kind on the approved submittals.
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated
by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
City and Contractor, and are the Contract Documents:
1. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR.
2. SCOPE OF WORK (Exhibit A to this Agreement).
3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement.
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
6. PROPOSAL (Exhibit E to this Agreement).
7. PREVAILING WAGE RATES (Exhibit F to this Agreement).
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts .observed by
Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's
satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible
for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be
cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual
conflict, Contractor shall notify City of the conflict in writing and then sliall comply with such provisions of
the Contract Documents as City directs.
ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with
a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual completion of
each category, multiplied by the dollar value of such category.
Agreement 00400-5
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the City representative designated in Article XII. In addition to the
amount of payment requested in the Application for Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any fiuther additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each subcontractor and supplier whom Contractor. intends to pay from the requested
payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An
Application shall not include a request for payment for any portion of the Work that was performed or
famished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier
from such payment. Contractor shall include with each Application all supporting documentation as City
may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all
supporting documentation to City's designated representative, provided all Work aad 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 out of the funds in the City Treasury available for Contractor
under Ordinance No. 2009-1l89 .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 performed or materials supplied included on any previous payment application
to City from Contractor have been satisfied and that the subcontractor or supplier waives and releases any
and all claims or rights in connection therewith.
F. Contractor's retainage shall not be released until Contractor notifies City's designated
representative in writing, and 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 Administrator's certification that all the Work is Substantially Complete. If there are minor items
Agreement 00400-6
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,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the
Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor's breach of this Agreement, or
7. Contractor's failure to provide requested documentation.
J. If Contractor does not pay subcontractors or suppliers for labor and/or zt~rial
properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any
payments made to subcontractors and suppliers shall be chazged against the Contract Amount. This provision
shall not confer any right upon any subcontractor or supplier to seek payment directly from City.
ARTICLE VI
CHANGES/CLA_111~IS
A. City, without invalidating this Agreement, may at any time and without notice to any
surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any
addition, deletion, or other change without a written order. No oral direction or order shall constitute
authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any
addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any
increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and
completely responsible for the acceptability to City of the addition, deletion, or other change.
Agreement ~ 00400-7
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased as follows:
1. If the Work is covered by unit prices set forth in 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 Contractor's performance, a
reasonable allowance on the net increase for overhead and profit, subject to the
following:
Contractor shall keep and present, in such form as City may prescribe, an itemized accounting of
expenditures and savings together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs shall be limited to the following: costs of labor, including social security,
old age and unemployment insurance, fringe benefits required by agreement or custom, and workers'
compensation insurance; costs of materials, supplies, and equipment, including cost of transportation;
rental costs of machinery and equipment, exclusive of hand tools, whether rented from 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 written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor
express or implied acceptance of alterations or additions to the Work, and no claim that City has been
unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such
enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents
or a change in the time for performance of the Work.
D. Agreement on any Change Order shall constitute a final settlement of all matters
relating to the change~in the Work that is the subject of the Change Order, including but not limited to all
direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or
engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
Agreement 00400-8
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives
notice as provided for in Paragraph F below.
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the five-day period,
it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits;
a. - Each occurrence $1,000,000.00
b. General aggregate $2,000,000.00
c. Products/completed operations aggregate $2,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• PersonaUadvertisingfnjury
• 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.
Agreement 00400-9
i
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
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 liability coverage) shall provide contractual liability coverage for all indemnity obligations
of Contractor under the Contract Documents. Each policy providing general liability or automobile liability
coverage (including any umbrella or excess policy that provides any required general or automobile liability
coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and
agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2)
provide that it is primary to any other insurance maintained by any additional insured, which other insurance
shall be excess or contingent. The insurance provided to the additional insureds shall apply, without
limitation, to injury or damage caused by work included in the products/completed operations hazazd.
C. Contractor shall maintain the products and completed operations coverage for not less
than ten years after the date of final acceptance by City of all of Contractor's Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors,
and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater "all risk" or equivalent
form to cover all risks of physical loss except those specifically excluded by the policy and shall insure at
least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and
civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement,
water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the
Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a subcontractor or
supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in
effect until final payment has been made to Contractor or until no person or entity other than City has an
insurable interest in the property to be covered by this insurance, 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 Pazagraph D,
except such rights as they may have to the proceeds of the inc,,rance
N
E. All policies and certificates of inc„ran~ 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 incnrance. Contractor shall fiunish City a certificate or certificates and copies of policies, all
Agreement 00400-10
satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this
Article VII. The certificate or certificates and copies of policies shall be delivered to City's designated
representative not less than seven days before Contractor first performs any of the Work. All policies except
Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its
employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on
behalf of City.
F. Contractor also shall maintain any additional insurance coverages and any higher
limits provided for elsewhere in the Contract Documents and shall fiuvish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
G. If any part of the Work is subcontracted, each subcontractor, or Contractor on behalf
of the subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts
satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City,
evidencing the required insurance and compliance with this Article VII shall be delivered to City's
designated representative not less than seven days before the subcontractor first performs any of the Work.
ARTICLE VIII
INDEIVINITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself), but only #o the extent
caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or
anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of
whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This
obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity
that would otherwise exist as to a party or person described in this Paragraph A.
B. In claims against any person or entity indemnified under the preceding Paragraph A by
an employee of Contractor, a subcontractor or supplier, or anyone directly or indirectly employed by them or
for whose acts they may be liable, the indemnification obligation under Paragraph A shall not be limited by a
limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a
subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit
acts.
ARTICLE IX
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents
from and against any claim, action or suit that may be brought against them for Contractor's infringement of
any Letters Patent in the performance of this Agreement or any breach or violation of trademark or
proprietary or trade secret rights of others, as well as against~any judgments, decrees, damages, costs and
Agreement 00400-11
expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged
infringement.
ARTICLE X
COVENANT AGAINST UNDUE INFLUENCE .
A. Contractor represents and warrants that it has not employed or retained any company
or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and
that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,
commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the
award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void
this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise
recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made,
directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition, issue or take any action with
respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public
accounting firm to examine, at City's expense, such of Contractor's books and records as may be necessary,
in the accountant's reasonable opinion, to verify Contractor's compliance with this Article X.
ARTICLE XI
RECORDS REGARDING PAYMENT
For a period of at least two years after final payment to Contractor, Contractor shall maintain, in
accordance with generally accepted accounting principles, such records as are necessary to substantiate that
all applications for payment hereunder were valid and properly chazgeable to City. For lump sum contract
Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of
completion and for payments to subcontractors and suppliers. For any Work, including extra Work, not
chazged on a lump sum basis, the records to be maintained hereunder include but are not limited to all
contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records,
canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon
reasonable prior notice to Contractor, be given the opportunity to audit these records at any time during
normal business hours to verify the accuracy of Contractor's invoices and chazges.
ARTICLE XII
NOTICES
A. The following persons are designated by the respective parties to act on
behalf of such party and to receive all written notices and Payment Applications:
For Ci
David Blackburn
City Administrator
City of Riverside, MO
2950 NW Vivion
For Contractor:
R.A. Knapp Construction
Agreement
00400-12
Riverside, MO 64150
6501 Miami Ave.
• Kansas City, KS 66111
B. 'Any notice required by the Contract Documents to be given in writing or that either
City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving
notice. The notice shall be deemed to have been given when it is received at the address stated above for the
addressee or at such other address as the addressee may fiarnish 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 IIIII
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 famish sufficient labor
or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary
for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and
diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the
Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary
labor, supervision, materials, tools, equipment, services, or other items through City or. others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or
all of the Work and take over and complete the performance of such Work, through City or others, at
Contractor's expense.
B. If City exercises its right to take over and complete any part or all of the Work, City
and its designees shall have access to and may take possession of Contractor's materials, tools, equipment,
and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away
from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's
employees or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of
whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the
cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting
fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses,
damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties,
losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and
Agreement 00400-13
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 bf every other right or remedy, and every right or remedy may be
enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve
Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract
Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to
pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed
as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
ARTICLE XIV
TERMINATION FOR CITY'S CONVENIENCE
City may, at any time, for any reason, and without Contractor's being in default, terminate
Contractor's performance of any part or all of the Work for City's own convenience by giving written notice
to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent
directed by City, stop work and turn over to City or City's designee materials and equipment purchased for
the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the
Work as is actually performed as of the termination for convenience. City shall not be obligated to
Contractor for any further payment, including but not limited to prospective overhead or profit on
unperformed work. If a termination by City of Contractor's right to proceed on the ground of default by
Contractor is determined later to have been improper, the termination automatically shall be converted to a
termination for City's convenience, and City's obligation to Contractor shall be limited to payment to
Contractor as provided in this Article XIV.
ARTICLE XV
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security number,
occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
Agreement 00400-14
amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement
from each subcontractor of any tier that employed any workers in connection with the Work during the
period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. • Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment maybe accepted by City at any
time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO STTE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehiculaz and pedestrian, azound the site of the Work and all adjacent areas.
B. Representatives ofCity may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall
clean the azea and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus
materials. Contractor shall make provisions to m;n;m;ze and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written
notification from City ofnon-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor.
ARTICLE XVIII
Agreement 00400-15
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perform all the Work.
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted
good professional practices. If any defects in the Work are discovered within one year from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. 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 XX
STORAGE OF MATERIALS AND•EQUIPMENT
Only materials and equipment that are to be used directly in the Work shall be brought to and stored
at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly
removed from the Project site. Protection of construction materials and equipment stored at the Project site
from weather, theft, and all other casualty or damage is solely the responsibility of Contractor.
ARTICLE X~LI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable precautions
for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees
and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored
at on-site or off-site locations for use in performance of the Work, and (3) other property at the Project site or
in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not
designated for removal, relocation, or replacement in the course of construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection
from damage, injury, or loss.
Agreement ~ 00400-16
C. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or
take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City
may perform them or have them performed and deduct their cost from the 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 XIOI
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in
the Contract Documents, or between any Contract Document and actual field conditions, and City shall
resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXIV
BONDS
Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to
Administrator, a performance bond and a payment bond, in the forms at Exhibits C and D to this Agreement.
Each such bond shall be for the full Contract Amount. The premium for these bonds is included in the
Contract Amount.
ARTICLE XXV
SEVERABILTTY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXVI
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against City shall be made because of City's preparation of this
Agreement or other Contract Documents.
ARTICLE XXVII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or
the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first
try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and
Agreement 00400-17
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City conceming the Project or this
Ageement or other Contract Documents, the prevailing party shall be entitled to recover from the other party
its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXVIII
TITLES
The titles given to the Articles in this Agreement aze for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXIX
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between 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 Conh 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 t�as been duly executed by City and
Contractar.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY OF RIVERSIDE
By:
YOR
ATTES D:
. / f /
/ �
TY CLERK .n /�
� H. �1(��� l n�l�l�A�rlYl � Tv
By: � �t
(Signa
Printed Name: �,1,�. If�c�r: n�_
Title: � � c S; �.� ,,�-{-
Agreement 00400-18
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
All Work necessary to improve selected streets within the City as shown on and in accordance with
the Specifications referred to in Exhibit B to the Agreement. The Work consists of the following
street, sidewalk and driveway improvements.
1. 2" Mill & Overlay
2. Curb Removal and Replacement
3. 4' Sidewalk
4. Driveway Improvements
5. 6" asphalt on 6" base (per APWA)
6. 4' AB-3 Shoulder/Edge Wedge
7. Asphalt Seal Coat
8. Renner Brenner Parking Lot
Agreement - Exhibit A ~ . Page -1
EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
2009 Street and Sidewalk Maintenance Project Specifications: (Divisions 1 through 2 of the Project Manual)
dated October 2, 2009 including appendices, addenda, and all other documents and specifications referenced
therein.
The Drawings governing the Work in Renner Brenner Park are as follows; cover sheet dated October 1,
2009:
Sheet Description Sheet No.
ITLE SHEET 1
SITE PLAN 2
EMOLTTION PLAN 3
GRADING AND EROSION CONTROL PLAN 4
SPOT ELEVATION PLAN 5
IMENSION PLAN 6
STANDARD DETAILS ~
Agreement - Exhibit B Page - 1
• C�RIGI�:AL B.^�idD #�OF�
� Bond# 105341817
EXHIBIT C - PERFORMANCE BOND
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEF,N CITY OF RIVERSIDE AND CONTRACTOR, dated
December 22 _, 2009, designated Ordinance No. zoo9-ia9 , in every
particular, R.A. xnapp construction, rnc. , as Principal, and
Travelers Casualty and Surety Company , as Suiety, hereby bind themselves and their
of America
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Missouri, in the penal sum of Three Hundred Twenty-Seven Thousand Four Hundred
' . Twelve and 74 1----- o ars e �,
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
required to execute the Work in the locality as determined by the Departrnent of Labor and
Industrial Relations of Missouri or by final 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 perfonned thereunder shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of rime,
alteration or addition to the terms of the Contract Documents or to the Work.
Agreement - E�chibit C Page 1
Page 1/6
Bond dated December 30, 2009 -
R,A. KNAPP CONSTRUCTION� INC.
PRINCIPAL
By: i"` c„ ��
ignature)
Printed Name: R rA �nn��
Title: Pr�<�s-(v,r
Date: December 30, 2009
TRAVELERS CASUALTY AND Y COMPANY
OF AMERICA
SURE
�
(Sign re)
�pe; James M. � Cing
1t10: Atto rney-in-Fact
Date: December 30 � 2009
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - Exhibit C Page-2
$age 2/6
EXHIBIT D - PAYMENT BOND
x.A. Knapp Construction, Inc. and the CITY OF RIVERSIDE, MISSOURI, have
entered into an Agreement dated nP�Pmt,Pr zz , 2009, designated
Ordinance No. zoo9-1a9
x.A. xnapp construction, znc. as Principal, and
>
Travelers casualty and surety company , as Surety, hereby bind themselves and their
of America
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Three Hundred Twenty-Seven Thousand Four
Missouri, in the penal sum of xundred �rwelve and 74/100----D011ars lawful
($327,412.74)
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 judiciai 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 perfonned in such Work whether by
Principal, subcontractor, or otherwise, then this obiigation 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 nazne 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 o£ 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
Page 3/6
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.
�Bond dated December 30, 2009 �
R.A, KNAPP CONST RUCTION CO.
PRINCIPAL �
BY' —b�• �ia-�b..
ignature)
Printed Nazne:
Title: Ptc� :f�a./��
D3t0: December 30, 2009
TRAVELERS CASUALTY AND SURETY COMPANY
� OF AMERICA
SURETY
B:
� ignature)
Printed • James M. King
T• Attorney-in-Fact
3te: December 30, 2009
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - Eachibit D Page 2
Page 4/6
WARNING: THIS POWER OF ATTORNEV IS INVALID WITHOUTTHE RED BORDER
,�, POWBR OF AT'CORNEY
TRAVELERS Farminglon Casual[Y Cnmpany SL PaW Mercury Insurance Company
Fideli[} and Guaran[� Insurxnce Cumpany Travelers Casuxlty and tiurely Cnmpany
Fidelity vnd Guarrnly Insurance l!nderwriters, Inc Trarele[c Casualty and Suretp Cumpan� uf America
SL Paul Pire and Mnrine Insurance CompanV Uniled Slales FidclilY and Guaranh Company
SL PaW Cuardian Insurance Compam
Altorney-In Eacl No. 2 � g455 Cer�ifica[e No. O O� O J H U�F �F
KNOW ALLMEN BYTHESE PRESENTS: Thal SI. Paul Fire and Murine Insuram:e Compuny. SL Paul Gusrdian Invuranee Coinpany nnd Sl. Puul Mercury In,surance
G�mpuny are eorporalionc duly organized under the Inws nf ihe SYete uf Minne.+ola. Ihat Famiing[rni Casuahy Company. Travcicrs Casunhy and Surery Company, nnU
Tr�velers Caxually end $urety Company of America are rorporuiions duly o��anized undcr thc laws of the Smte o( Conneclicui. Ihal Uniled States Fidelity and Guurumy
Company is a corporalion duly organizul under the la�ee ol the SIaIC of Marpland. thal Fldelity and Guar:mly Inaurnnce Compuny ia a corpnra�ion duly o�g.mizeA �mder
[he laws oC lhe Stale oC lowa, and tha� FiArliry and Civaraniy Insuruncc Undenvriicr��. Ina, ix a<urporalion duly orgunized undnr Ihc laws of the Stn[e of Wicconain
(herein collectively called [he "Companics"), and th.v ihe Compunic. do hcroby make. cons�imte and nppoint
Robert T. Cirone, James M. King, and Suzanne P. Westerholt, and Jacob J. Buss
of fhe City of I'nrnln . Stare of N����a . Ihrir Iruc mul law(ul Auorney�s)-in-Pncl,
each in their separa[e capacity if more than one i� namod above, to sion, execute. seal and ueknowlodge any and all honds, recognizanec., conditional undenaAings nnd
o[her wri[ings obligatory in the naWre thereof on brhalf of the Compunies in [heir busines's of gunr:mleciiig the fideli�y o( persun�s. @uaranteein¢ the perfonn;mce of
wnhach nnd execuling or guaranteei�tg bonds and unJerlukin¢s rcyuircd oY pemiilled in any actinns or proceedinpx Nlowed hy law.
IN WITNESS WHEREOF, Ihe Companie+ have caused this inslmmem �o be �igned nnJ fhcir corpore[e n'eals lo be hrYClo ;il llxed. this ZZ�d
dnyo(_ M:trch 2007
Farmington Casualty Comp�ny Sl. Poiul Jtcreury Insurance Company
Fideli�,r and Guaranh Insurance Company Travelers C.�su:dq� and Surety Company
Fidelilr and Guaranty Inxurance Underwri[ees, Ine. 7Yavelers Casunllr and tiurefy ('mnpany af America
St. Paul P'ire and Marine Insur:mce CompanV Uniled S�ales Fidelily :md Gunr:mh Compan)'
St. Paul Guardian Insuranee Cnmpany
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State ul' Conneaicut By: . . ._.. _
City ol Hartford ss. Geore� ' Thumpwn- i i 'r Prr.iJem
On Ihis [he 22nd �� � Md�Ch 20�7 , beforc mc ��crsonaily appearred Gcorv�c W. Thumpson. who ucknuwicdg�d
hims¢If to be the Senior Vice Pres of I'nrminglon Casualry Compnny, Pi�elily �nd Guaranry- Insurunce Company. Nidcliry and Gimranty In>urnnce Underwriters,
Ine., S�. Puul Fire anU M:u�ine Insuranee Cnntpany. SL Naul Guurdiun Imimince Companp, $t. Paul Mercury Insurunce Cnmpuny. Tmcelers Casualty und Surery
Company, Tr.rvelees Casualty and Surety CompanV ol' America, unJ Un'ned Si.am Pidcfiiv unJ Guur:mt� ('umpanc and thm he. un wch, bcing awhodzed w to du.
esecuird the loregoing insttwneN for fhe purpnse. therein a�nluined by �igning un bch:Jl ot thc curpmulinn+ by hlinnclt an a duly �mlhu[iicd ofliecr.
p.TET /� yy �
lo Wilness Whereof, 1 hereunlo sel my hancl anA n((Icial �cal. '� �1� � v• ��'��
My Commission expires the 30th day o(lunc.'_UI 1- � p���� # M�rlc C.'ictrcnult,Numry PuhHc
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58440-4-09 Printetl in U.S.A.
WARNING: THIS POWER OF ATI'ORNEV IS INVALID WITHOUTTHE RED BORDER Pdge 5�6
WARNING: THIS POWER OF ATTORNEV IS INVALID WITHOUT THE RED BORDER
This Pawcr of Attomey is yr�nted under and Ay �he aulhoriiy of Ihe following resolutions ntlopfed by the Boords of Direciors of 1';�rmingtun Cisuxlty Company, Fidelity
xnd Guarnnty Insurance Company, PiJelity und Guaranty Insurnnce Underwriten, ]nc.. SL Peul Fire and Marine Intiunnce Comp. ny, SL P.ml Guudinn Insu�ance
Compuny, SL Paul Mercnry Insurunm Company. T�aveizrs Casualty and Sureiy Cumpmry, Trnvelers Casualty and Sure�y Company of Amuica. and Unitai St:ne�
P'iAclily anJ Gu.�rnniy Company, which re,solufions are now in (ull fnrce �mA effecL reudine as follows:
HEtiOLVBU, �hut Ihe Chairman, tl�e President. any Vice Chnirmun, any Ezecutive Vim Pre.fdenL nny Seniu[ Vice President, any Vice Presidznt, any Second Vice
President. �he Trea.urer, any Assismnt Treamrer, Ihe Corpomie Sa;rziary or uny AssiEtant Secrclnry mny appoint A�[orneys-in-�ac[ anA Agems m act for nnd on behal(
of Ihe Compnny aitd mny �ive such ap�iintec euch aWhurity as his ur her cenifica4. of authorlly mey prescribe to sipn wiih Ihe Cumpany'x name and seal witl� the
Company'n neal bondn, rec.roeniznnces, conteacts of indemniry, and other writings obligatory in tl�e na[ure nf a bond, mcogniznnee, or eondilional undennking, nnd any
o( tiald uffcer� or Ihe Noard ol Dimclurs al any time may rentuve uny s'uch appoinfee nnd revoke the power �iven him or her. and il Iti
�UR"fHER RESOLVN;U. ihat the Chninnxn, the Presidenl, any Vice ChUirmun, any E.xzcufive Vlce Presidem. any Senlnr Vice Prusident or nny Vice President may
delcgale ull ur any pun of Ihe fore�oing auihonty lo one or more officers or -cmpliryec� of �his Compeny, pcovided that each such delega�inn ic in wri�ing �nd a aipy
lhorcof is liled in the nfiice of ihe Secrelary; :md i� is
FURTHER RESOLVN:D. Ihal any bond, rccognizance, contraci ol' indznmily. ur wnling nbligaiory in Ihe nalure oC a bond, recogniznnce, or condi�ional undertaking
yh�dl be vulid �ntl hlnding upon 1he Company when �a) tii�ned by Ihe Presidenl, uny Vice Chairman, eny Enecu[ive Vice Presfdent, any Scnior Vice Pres'ident or any Vice
Presideni, any Secund Vice Vresidenl, Ihe Trsusurer.:my AssiE�mll'Prcasurer. the Corporule Szcre�nry nr any AssislaN Secre�ary and duly aUUated'and sealed with Ihe
Company's veal by a Sure[a�y or AsFiF�nni Secretnry: or �b) dul}' exa:utai (under s'eal, if reyuirui) by one or more Atmrnevs-in-Fac[ and Ayents pursiuml fu Ihe powec
prescriMed in his or her certificale or lheir ceniticmes of :mthori�y or M1y one or more Cnmpnm officea pursuxnt �n u writ[en delc�alinn of aulhority; and il is'
FOR'fHER REtiOLVED. �hal �he signature of each of the Pollowine of�cers: President, any Executivc Vice PresidcnL any Senior Vice Presidem, uny Vice Presiden[,
uny Assisi:mt Vice PeesidenL aoy Secreinry.:my Assis�ant Secre[ary, and Ihe seal of �he Q�mpany may be affixed by facsimile U> any Power of Attorney or to any
cenif�cate relu�ing Iherelo appointing ReslJent Vice Presidents. Residem Assis�anl Secrewries or Attorneys-in-Fact foc purposes only of execuiing and altesling bontls
nnd undenukings and other writin�a obligatnry in �he it:ifure IhemoL and nny such Powae of At[omey or cenifiwte bearing such Cecsimile signanire or facxiinile seal
shnll he vulid and hlnding upon Ihe Cnmpany and any wch power s'o execu[ed and cenified by such facsimile signature and (acsimile seal shnll be valid and binding on
Ihc Cumpany in thc fu[urc wilh res'pec� [a any bond ur undorvlenJin@ Io which i� is' uttachzd.
1, Kori M. Johunson, ihe undertiigned. Acvivfanl Secretary, o( Fanningion Casuully Cumpuny, Fidelity and Guaranty Insurancz Company, Fidelity tmd Guarenty In�urnnce
Underwrilers, 6ic, SI. Paul Fire and M(v{ne Insur:mce Compuny, St. Paul Guardian Insur.mce Company, SI. Paul Mercury Insurance Company, Travelers' Casualty and
Surety Company, Travclen Cnvuulty und Surety Company of Ameria�, nnd Uni[ad Sla[es Fidelity xnd Guaranty Company do hereby certiFy thal the �bove and foregoing
ix n Irue and correct mpy of Ihe Power o( Attorney esecute� by said Compxniee, which is in full locce and offeci und has' nul been revoked.
IN TESTIMONY W HEREOF. 1 have hcreunlo se� my hand nnd affized [hc sealv of +aid Compnnies Ihis ��t}3 day of December , zo 09.
C/ -� � ' "
Kori M. lohaas As�ci,s�nni Szcretary
F �� l A $ ���' y " ry � 6,� § a N IMS�� / p y a e ... �x c yewp r ���{t Y'�b
�' 6 � ag � �'�OPIVRVf11 l .�, _¢ / c m j° oxeonarF.,m � � ��
i�� P' ' !� M1 / � v�
� Y977 g 1957 ,• � senl. "• £ SSA.L.z ' rum o wno (�u.�rm.l� �, ess �
�� O , �p
. n"� �i N� ,i' �is.i��j �� ,Oe ��.._�� �AryA1Nd'
To verify Ihe aulhenllcity of [hi. Power of Auorney, call 1-M00-021-3880 or cunL�ct us' a� www.travelarsbond.cum- Please refer Io the Attorney-In-F'acl numher, lhe
ubove-named indivlduals and the details of thc hond lo which the pnwer Is nUncheA.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BOROER Page 6/6
EXHIBIT E -PROPOSAL
2009 STREET AND SIDEWALK MAINTENANCE PROJECT
TO: CITY OF RIVERSIDE, MO
1. The undersigned bidder hereby proposes to fiunish 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 addend, a thereto, for and in consideration of the price of
~1PPP ~'I,i1YtG,C'Pd ~I,Lp(rl iSPV/N~d
n~~r pn na .~. p n ~ ~i ^y r ~,~ dollars ($ . . ~f / . ~i ).
The Contract Amount is subject to final determination of Work Performed at unit prices set forth in this
Proposal. The quantities of items of unit price Work set forth in this Proposal aze estimates only, are not
guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract
Amount. Unless otherwise stated elsewhere in the Contract Documents, (a) detemunation of the actual
quantities and classifications of unit price Work performed will be made by City and (b) final payment
for all unit price items set forth in this Proposal will be based on actual quantities, determined by City.
The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is
accepted, and to complete all work as provided in Article IV of Agreement between City of Riverside,
MO and Contractor.
2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying
bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned
further declares that it has not directly or indirectly entered into any agreement, expressed or implied,
with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any
bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other
persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits
thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those
having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or
bids are opened.
3. The undersigned further declaees 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 regazding 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 Notice to Proceed for the
Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take
such steps to protect its legal rights as it deems in its best interest, including, but not limited to,
enforcement of its rights as to bid security.
5. Undersigned acknowledges receipt of the Plans and Specifications for the project including the following
addenda (complete)
Agreement - Exhibit E Page 1
2009 STREET AND SIDEWALK MAINTBNANCE PROJECT
The proposal shall be for:
TTE
NO BID TTEM DESCRIPTION EST.
UNIT UNIT PRICE
. TY. PRICE EXTENSION
1 "Mill & Overla 6,900 SY
2 b Removal and R lacement 1000 LF ~ -- . ~-
3 'Sidewalk 300 LF ~ ~--
.
4 rivewa hn rovements 100 SY - --
5 " as halt on 6"base er APWA 600 SY ~j
~
6 ' AB-3 Shoulder/Ed a Wed a 3600 LF , SO
7 halt Seal Coat 8475 SY r ,
8 NNER BRENNER PARKING LOT
obilization 1 LS
B avel Removal . 190 SY ys
s halt Removal ~ 876 SY Sa '
idewalk Removal 267 SY sp y
sd
oncrete Trail Head Removal 24 SY , f , --
ree Removal 2 EA - -'
i e Bollard Removal 2 EA
i e Bollazd Removal and R lacement 3 EA -"
~ -'
ater S i of and Concrete Pad Removal 1 ~ EA --
rash Can Removal and Re lacement 2 EA - / --
'
ree Protection 2 EA S- ~ --
xcavation Cut 79 CY sD ~ , S~
mbankment Fill 2283 CY ~
~ Sts
"Thick Non-Reinforced Concrete Sidewalk 379 SY ,
-- -' ~ -'
" T e 3 As haltic Concrete Surface Course 1378 SY ~ 30
P " T e 1 As haltic Concrete Base Course 1378 SY ,
!v ,
70
" A e ate Base 1450 SY ~ -
"Thick Fiber Reinforced Concrete 72 SY ,
~ -~
S A Stri in 3 EA ~-'
A S bol 2 EA - --
" Solid Yellow Sta11 Line 576 LF , 2y
oncrete Bum er Bloek 35 EA
A Si a e 2 EA~ / - -
12" HDPE Pie 26 LF , Std ~''
12" HDPE Flazed End Section 2 EA ~ --
u er Silt Fence 435 Lf r
ilt Fence 450 LF 7
AB lock and Gravel Inlet Protection 2 EA 1 , " -'
A od 2896 SY 2 ~'
Agreement - Exhibit E Page 3
11 Div BID ITEM DESCRIPTION EST. UNIT . PRICE
NO. TY. iJ1VIT PRICE EXTENSION
R20 Bike Rack 3 EA ~"
ater Faucet 1 EA /., 7M ~ /,./Iib^~ ~ -^"
BID
Locations for Bid Items:
1--2" Mill & Overlav-Northwood Road at 9 Hwy (2133 sy), Valley Ln from West Platte to
Woodland (2933 sy), Cherokee St from Valley Ln (1833 sy)
2-Curb Removal and Revlacement Various locations around the city
3-4' Sidewalk-Northwood Road at 9 Hwy
4-Driveway Improvements-Various locations around the city
5-6" Asphalt on 6"Base---Horizons and Van De Populiere (2" Surface Course, 4"Base
Course, 6" AB-3)
6-4' AB-3 Shoulder/Edee Wedge---Argosy Casino Parkway under Fairfax Bridge
7-Asphalt Seal Coat E.H. Young Parking Lot
8-Renner Brenner Parking Lot Renner Brenner Park
Agreement - Exhibit E Page 4
Enclosed is a certi~ed check, cashier's check or bid bond in the amount of
• ~~ DOLLARS
($ - which the undersigned agrees is subject to being forfeited to and
becoming the property of the City as liquidated damages and not as a penalty, together with other legal
remedies the City may choose to invoke, should this Bid be accepted and the Contract be awazded to this
bidder and it should fail to enter into an Agreement in the form prescribed and to furnish the require
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 ~ this ~ day of ~ 2009.
.13,14. l~vl an ~ruc~,•ron ~',-i~
Contractor
(SEAL) ~
Att ed Ti~t/l/e~ /L,, ~ ~~/~
Address / ~~ ~ ~ /
z ~~ ~ac~
Telephone Number
Agreement - Exhibit E
Page 2
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EXHIBIT F -PREVAILING WAGE RATES
A. ~ecial Wage Determination: Prevailing hourly rates of wages follow, as determined by
the Division of Labor Standards, Jefferson City, Missouri.
Agreement - Exhibit F Page 1
. Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
OF TH& s
.*•••. T
.. _ (~/
. _ h ,~ O
~ '~'''' ~" 5y
~ Mccccx ~~
JEREMIAH W. (JAS NIXON, Governor
Annual Wage Order No. 16
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and
Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must
set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been
fiunished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to
8'CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of
State of Missouri.
Orii,~ na1 Si n~bv
Carla Buschjost, Director
Division of Labor Standazds
This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10.2009
Last Date Objections May Be Filed: Auril 9.2009
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE
PLATTE County
Section 083
OCCUPATIONALTITLE ec ve
Date of
Increase asic
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
Asbestos Worker $32.04 52 53 $20.48
Boilermaker $32.10 57 7 $19.85
. Brickla ers-Stone Mason $31.55 58 39 $14.40
Ca enter $33.00 63 68 $12.03
Cement Mason $24.47 65 4 $17.06
Electrician Inside Wireman $33.33 13 72 $14.20 + 10%
Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE
Elevator Constructor a $38.380 26 54 $19.635
O eratin En (Weer
Grou I $31.66 85 4 $12.40
Grou II $30.85 85 4 $12.40
Grou III $25.30 85 4 $12.40
Grou III-A $29.51 85 4 $12.40
Grou IV
Grou V $26.90 85 4 $12.40
Pi a Fitter $36.73 2 33 $17.04
Glazier $31.60 88 32 $13.85
Laborer Buildin
General $24.80 30 4 $12.20
First Seml-Skilled $25.20 30 4 $12.20
Second Seml-Skilled $25.60 30 4 $12.20
Lather USE CARPENTER RATE
Linoleum La er & Cutter $30.94 46 67 $11.73
Marble Mason $30.49 25 4 $11.60
Millwri ht USE CAR PENTER RATE
Iron Worker $26.75 50 4 $20.35
Painter $28.23 37 4 $12.57
Plasterer $24.00 68 4 $16.55
Plumber $36.13 45 33 $16.33
Pile Driver USE CARPENTER RATE
Roofer $30.25 95 2 $11.79
Sheet Metal Worker $37.35 17 22 $14.94
S rinkler Fitter $35.25 14 4 $15.50
Terrazzo Worker $30.49 25 4 $11.60
Tile Setter $30.49 25 4 $11.60
Truck Driver-Teamster
Grou I $28.39 100 4 $9.65
Grou II $28.39. 100 4 $9.65
Grou III $28.59 700 4 $9.65
Grou IV $28.59 100 4 $9.65
Trafftc Control Service Driver $15.35 48 , 49 $2.71
Welders-Ace lane & Electric '
Fringe Benefit Percentage is of the Basic Hourly Rate
Attention Workers: If you are not being paid the appropriate wage rate and fr(nge benefits contact the Division
of Labor Standards at (573) 751-3403.
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0.16 4~~9
Building Construction Rates for
PLATTE County Footnotes
OCCUPATIONAL TITLE Date of Hourly
~~ Inrrw~ew Rates
Section 083
Time I Holiday I Total Fringe Benefits
-hPdule Schedule
* Welders receive rate prescribed for the occupational title performing operation to which welding is incidental.
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
a -Vacation: Employees over 5 years - 8%, under 5 years - 6%
ANNUAL WAGE ORDER N0.16 3109
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %) shall be paid for all work
in excess of forty (40) hours per work week.
NO. 2: Means the maximum of eight (8) hours shall constitute a day's work beginning at 8:00 a.m. to 12:00 noon,
12:30 p.m. to 4:30 p.m. The maximum work week shall be forty (40) hours beginning Monday at 8:00 a.m. and ending
Friday at 4:30 p.m. Because of trafFlc, .parking or other circumstances, the hours of work on any project may be any
continuous 8'/Z hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a.m. and 4:30 p.m. When
circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week
consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through
Thursday, with one-half (''/z) hour allowed for a lunch period each day. Friday may be used as a make-up day. After
ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one arid one-half
(1%2) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and
one-half (1%) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate
of pay. Labor Day shall be~ paid at triple (3) time. Shift work may be performed at the option of the Contractor.
However, whenever shift work is performed it must cover a period not less than (5) consecutive working days. The
day shift shall work a regular eight (8) hours shift as outlined above. Employees working a second shift shall receive
an additional $0.25 above the regular hourly rate and perform seven and one-half (7'/)hours work for eight (8) hours
pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours
for eight (8) hours pay. In the event a first sh'rft is not required, a second and third shift employee shall receive an
additional 15% of the base rate and receive pay for actual hours worked.
NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forly (40) hours,
within five (5) days -Monday through Friday inclusive -shall constitute the regular workweek. The Employer may
alter the above stated hours by two (2) hours for an early starting and quitting time only, not to exceed eight (8) hours
of work in any one day. When job conditions dictate and as required by the customer, the Employer shall be allowed
to establish a four (4) day, ten (10) hour per day work week. This work week is defined as Monday through Thursday,
with a Friday make-up day. The normal work day under a ten (10) hour four (4) day work week shall be from 7:00 a.m.
to 6:00 p.m., with a one hour starting variance. The make-up day of Friday shall be instituted for specific reasons such
as loss of production due to weather and/or holidays. All hours worked in excess of ten (10) hours per day or forty
(40) hours per week or hours worked outside the normal work week shall be paid at the applicable overtime rate. The
first four (4) hours of overtime after the normal workday, each day Monday through Friday and the first ten (10) hours
of overtime on Saturdays shall be paid for at one and one-half (1'/z) times the regular straight time rate of pay. All
other work performed outside of the regularly scheduled working hours and outside of the first ten (10) hours worked
on Saturdays shall be paid for at double (2) the regular straight time rate of pay. Sundays and the recognized holidays
shall be paid for at double.(2) the regular str2ight time rate of pay, if worked. When so elected by the contractor,
multiple shifts of at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first
shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the °day sh'rft" shall
receive eight (8) hours pay at the regular hourly rate for eight (8) hours work: The second shift (swing shift) shall be
worked between the hours of 4:30 p.m. and 12:30 a.m. Workmen on the °swing shift' shall receive eight (8) hours pay
at the regular hourly rate plus 10% for seven and one-half (7 %) hours work. The third shift (graveyard shift) shall be
worked between the hours of 12:30 a.m. and 8:00 a.m. Workmen on the "graveyard shift' shall receive eight (8) hours
pay at the regular hourly rate plus 15% for seven (7) hours work. A lunch period of thirty (30) minutes shall be allowed
on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half (1 %)
times the °shift" hourly rate.
N0.14: Means eight (8) hours per day shall constitute a day's work. The regular starting time shall be 8:00 a.m., and
the regular quitting time shall be 4:30 p.m.; lunch time shall be twelve (12) o'clock noon to 12:30 p.m. The regular
.starting time may, by mutual consent of employees on the job site, and the employer, be between 7:00 a.m. and 9:00
a.m. with appropriate adjustments made to the regular quitting time and lunch t(me. All time worked before the regular
starting time and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half
(1%). All work commencing with the beginning of the established work day on Saturday shall be paid at the rate of
time and one-half (1'/z). 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.
REPLACEMENT PAGE
PLATTE COUNTY
• - OVERTIME SCHEDULE -BUILDING CONSTRUCTION
NO. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00 a.m. and 3:30 p.m. and
, the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and
ending with Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as
regular working hours and paid for at the regular hourly rate. Except as othervvise prov(ded, all work performed
outside of regular working hours during the regular work week, shall be at double (2) times the regular rate. Working
• hours may be varied by two (2) hours. When circumstances warrant and when it is mutually beneficial and agreed to
by interested parties, the Employer may institute a work week consisting of four (4) consecutive ten (10) hour days,
between the hours of five (5) a.m. and six (6) p.m., Monday through Thursday, with one-half (1/2) hour allowed for a
lunch period each day. Friday may be used as a make-up day. The make-up day will be voluntary, and a decision not
to work may not be held against the employee. When working four (4) ten (10) hour days overtime will be paid at the
time and one-half (1 %) rate for the eleventh (11"') and twelfth (12'") hour, all other work will be paid at the double (2)
time rate of pay. The first two (2) hours of overtime, Monday through Friday, and the first eight (8) hours on Saturday
shall be at time and one-half (1'/:)for all work. All other overtime shall be at double (2) time. The first two (2) hours of
overtime must be concurrent with the regular work day, two (2) hours prior to or following the regular work day are at
time and one-half (1%). The regular workday (as previously defined) on Saturday is paid at time and one-half (1%).
,_ Work performed outside of the regular Saturday work day is at double (2) time. All work performed on recognized
holidays, or days locally observed as such, and Sundays shall be paid at the double (2) time rate of pay.
N0.25: Means regular working hours of eight (8) hours shall constitute a working day between the hours of 8:00 a.m.
• to 4:30 p.m. in a forty (40) hour working week of Monday through Friday. Employment on Saturday, Sunday and legal
holidays, and employment before or after the regular working hours shall be considered overtime. Employment on
' Saturday, Sunday and legal holidays shall be paid for at twice (2) the regular hourly rate. Employment from 4:30 p.m.
to 12:00 midnight, Monday through Friday, shall be paid for at one and one-half (1%) times the regular hourly rate.
From 12:00 midnight until 8:00 a.m. on any day shall be paid for at twice (2) the regular hourly rate.
N0.26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m.,
five (5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those established by the
general contractor and worked by the majority of trades. (The above working hours may be changed by mutual
agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working
day on Monday to Friday, inclusive, shall be classified as overtime, and pa(d for at double (2) the rate of single time.
The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay
for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m.
and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday,
Sunday and holidays, and before and after the regular working day on Mohday to Thursday where a four (4) ten (10)
hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for
all work performed on holidays shall be at two times (2) the single time rate of pay.
NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M.,
except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be
advanced or delayed by the employer up to two (2) hours from the regular starting time. Eight (8) hours shall
constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above,
and ail work performed on Saturday shall be paid at time and one-half (1'/) the regular rate. In the event that a
scheduled eight (8) hour work day is missed (not to indude holidays) because of events out of the control of the
contractor, then that missed work day may be made up at straight time the following Saturday. It is recognized that not
all employees working on a Saturday make-up day will have worked the same number of hours during the regular
work week. It is further recognized that any work after the forty (40) hours in a week must be paid at time and one-
half (1 %). Saturday make-up day shall not be used to make up for time lost due to recognized holidays. The
employer may establish a 410's schedule on projects (4 days with 10 hours per day). If using a 410's schedule, a
Friday make-up day is allowed. If using a 4 (10) schedule, any work more than ten (10) hours in a day or forty (40)
hours in a work week shall be paid at the time and one-half (1'/)rate. Friday make-up day shall not be used to make
up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2)
time rate.
REPLACEMENT PAGE
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.2: All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day, or the days observed as such, shall be paid at the double time rate of pay.
N0.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas Day shall be paid at the double time rate of pay. If any'of the above holidays fall on Sunday, Monday will
be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the
recognized holiday.
N0.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it
shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding
Friday.
N0.22: All work performed on New Year's Day,. Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Christmas Day, or days locally observed as such, and Sunday shall be recognized as holidays. If a holiday falls on
Saturday, Friday shall be observed; if it falls on Sunday, Monday shall be observed. All work performed on holidays
shall be paid at the double (2) time rate of pay.
N0.32: All work performed for the Friday and Saturday following Thanksgiving shall be paid at the time and one-half
(1%a) rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above
holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on
Saturday, the preceding Friday shall be observed.
N0.33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day
• shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday
falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be
observed.
N0.39: No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a
holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday.
N0.49: The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor
Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1)
of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these
holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on
Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they
shall be paid time & one-half (1%) their regular rate of pay for all hours worked.
N0.53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day
or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be
performed on Labor Day except in special cases of emergency, and then the rate of pay shall be at three (3)
times the regular rate of pay. When a holiday falls on a Sunday, the following Monday shall be observed as the
holiday. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday.
N0.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of
pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be
observed on Monday.
ANNUAL WAGE ORDER NO. 16
AW016 083 BHoI STIP.doc Page 1 of 2 Pages
PLATTE COUNTY
OVERTIME SCHEDULE -HEAVY CONSTRUCTION
FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1 %) shall be paid
for all work in excess of forty (40) hours per work week.
NO. 1: Means (8) hours shall constitute the regular work day between time that may be advanced or
delayed by two (2) hours on either sid@ of 8:00 AM. The Employer may establish a work week consisting
of four (4) days, Monday through Thursday, each day consisting often (10) hours straight time. The four
(4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on
Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1 %:). All work performed
on Saturday shall be paid at time and one-half (1 %:). All work performed on Sundays and recognized
holidays must be paid at double (2) time. All work performed prior to or after the regular eight (8) hour
work day, or ten (10) hour work day, as described above shall be paid at time and one-half (1%) the
regular rate.
NO.3: Means a regular work week shall consist of not more than forty (40) hours of work and all work
performed over and above ten (10) hours per day or forty (40) hours per week shall be paid at the rate of
time-& one-half (1%). Workers shall receive time and one-half (1'/z) for all work performed on Sundays.
and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized
holidays when and only if any other craft employees of the same employer at work on that same job site
are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00
a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions
beyond the reasonable control of the Employer prevents work, in which event, the starting time may be
delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during
the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at
the rate of time and one-half (1%z).
ANNUAL WAGE ORDER N0.16
AW016 083 HOT.doc Page 1 of 1
PLATTE COUNTY
HOLIDAY SCHEDULE -HEAVY CONSTRUCTION
N0.2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day and Christmas Day, or days observed as such, and Sundays shall be paid at the rate of
time and one-half (1%:). Double (2) time shall be paid for work on Sundays or recognized holidays when and only if other
craft employees of the same employer at work on that same Job site are receiving double (2) time pay for that Sunday or
holiday work. No work shall be performed on Labor Day, except in case of jeopardy of life or property. This rule is
applied to protect Labor Day. When one of the above holidays falls on a Saturday, the preceding Friday shall be
observed; when the holiday falls on a Sunday, the following Monday shall be observed. Where one of the specified
holidays falls or is observed during the work week, then all work performed over and above thirty-two (32) hours in that
week shall be paid at the rate of time and one-half (1%2).
NO. 17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time.
When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sundayp Mp n~y shall be
observed. No work shall be performed on the Fourth of July or Labor Day except to save life or roe Where one of
the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32)
hours in that week shall be paid at the rate of time and one-half (1'/:).
ANNUAL WAGE ORDER NO.16 Page 1 of 1
AW016 083 HHol.doc
OUTSIDE ELECTRICIAN
These rates are to be used for the following counties:
Bates, Benton, Carroll, Cass, Clay, Henry, Jackson, Johnson, Lafayette, Pettis, Platte, Ray and
Saline
COMMERCIAL WORK
Occu ational Title Basic Total
Hourl Frin e
Rate Benefits
Journe Lineman $36.19 $4.75 + 34%
Lineman erator $33.77 $4.75 + 34%
Groundman $23.98 $4.75 + 34%
UTILITY WORK
Occu ational Title Basic Total
Hourl Frin e
Rate Benefits
Journe an Lineman ~ $33.45 $4.75 + 34%
Lineman erator $30.92 $4.75 + 34%
Groundman $21.56 $4.75 + 34%
OVERTIlVIE RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall
constitute a work day. Forty (40) hours within the five (5) days, Monday through Friday inclusive,
shall constitute the work week. Starting time may be adjusted not to exceed two (2) hours. Work
performed outside of the aforementioned'will bepaid at the applicable overtime rate. When starting
time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly.
The overtime rate of pay shall be one and one-half (1%) times the regular rate of wages, other than
on Sundays, holidays and from Midnight unti16:00 a.m., which will be paid at double (2) the
straight time rate.
HOLIDAY RATE: Work performed on New Year's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, Clu~istmas Day, or days celebrated as such, shall be paid at the double time
rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on
Sunday, it will be observed on Monday, and shall be paid for at double (2) the regular straight time
rate of pay.
ANNUAL WAGE ORDER•N0.16 X09
CERTIFICATION
I, Matthew V. Eblen, P.E., hereby specify, pursuant to RsMo. 327.11, that the documents to be
authenticated by my seal are limited to:
CIVIL DRAWINGS
Sheet Title
1 Title Sheet
2 Site Plan
3 Demolition Plan
4 Crrading and Erosion Control Plan
5 Spot Elevation Plan
(> Dimension Plan
7 Standard Details
SPECIFICATIONS
DIVISION 2 -Site Work
Section:
-02230 Clearing and Grabbing
-02300 Earthwork
-02350 Erosion and Sediment Control
-02510 Asphalt Pavements
-02520 Portland Cement Concrete Paving
-02820 Seeding, Sodding
-02870 Pavement Markings
and I hereby disclaim any responsibility for all other plans, specifications, reports or other
documents or instruments relating to or intended to be used in this construction document
package, they being the responsibility of the other design professionals, whose seals and signed
statements may appear elsewhere in the construction document package.
By, (SEAL)
(Matthew V Eblen)
Technical Specifications P.E., Seals
THE AMERICAN INSTITUTE OF ARCHITECTS
RECEIVED OCT 08 2009
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we
R.A. Knapp Construction, Inc., 6501 Miami Ave., Kansas City, KS 66111
as Principal, hereinafter called the Principal and
Travelers Casualty and Surety Company of America, Hartford, CT
a corporation duly organized under the laws of the State of Connecticut
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Riverside, Missouri
as Obligee, hereinafter called the Obligee, in the sum of five percent of the amount bid
Dollars ($ -5%-)
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, finely by
these presents
WHEREAS, the Principal has submitted a bid for 2009 Street and Sidewalk Maintenance
Project
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and
sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution
thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee
the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in
good. faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in
full force and effect.
Signed and sealed this 9th day of October 2009
R A KNAPP CONSTRUCTION. INC.
(Principal)
~/7 ~ ~ fJ 1
~ rt"~ Sea!
Title) ( )
(Seal)
James M.
AIA DOCUMENT A310. BID BOND .AIA Q. FEBRUAiVrry70 ED .THE AMERICAN INSTITUTE OF ARCHITECTS 1735 N.Y
AvE. N.W. WASHINGTON. n. C.
REPLACEMENT PAGE
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.67: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth. of July and Thanksgiving
Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work
in addition to any other pay othennrise required hereunder as holiday pay. Positively no work shall be performed on
Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered
optional holidays, and ff the Employer and employees agree that work will be performed on that day; no premium
pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday.
Should any of the above holidays fall on Sunday, the holiday will be observed on Monday.
N0.68: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of
July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double
(2) time. When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday,
Monday shall be observed. No work shall be performed on the Fourth of July or Labor Day except_to save life or
property. Where one of the holidays specified falls or is observed during the work week, then all work performed
over and above thirty-two (32) hours in that week shall be paid at the rate of time and one-half (1 %:).
N0.72: All work performed on New Year's Day, Memorial Day (last Monday in May), Independence Day, Labor
Day, Thanksgiving Day and Christmas Day shall be paid for at double (2) the regular straight time rate of pay. Any
one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid for at double
(2) the regular straight time rate of pay, if worked. Any one of the above listed holidays falling on Saturday shall be
observed on the prior Friday and paid for at double (2) the regular straight time rate of pay, if worked. No work shall
be performed on Labor Day except in case of emergency.
ANNUAL WAGE ORDER N0.16
AW016 083 BHoI STIP.dx Page 2 of 2 Pages
Heavy Construction Rates for
PLATTE County Section 083
OCCUPATIONAL TITLE ective
Date of
Increase as c
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits'
CARPENTER
Journe men ~ $33.00 1 ~ 17 $12.03
Millwri ht $33.00 1 17 $12.03
Pile Driver Worker $33.00 1 17 $12.03
Grou I $31.09 3 2 $12.87
Grou II $30.05 3 2 $12.87
`Grou III $30.05 3 2 $12.87
Grou IV $25.58 3 2 $12.87
Oiler-Driver $28.93 3 2 $12.87
ICEMENT MASON $24.02 3 2 $16.38
General Laborer $26.03 3 2 $11.14
Skilled Laborer $27.24 3 2 $11.14
1
TRUCK DRIVER-TEAMSTER
,Grou I $28.21 3 2 $10.65
Grou II $28.21 3 2 $10.65
Grou III $28.21 3 2 $10.65
,Grouq IV $28.21 3 2 $10.65
Use Heavy Construction Rates~on Highway and Heavy construction in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
If a worker is performing work on a heavy construction project within an occupational title that is not listed on the
Heavy Construction Rate Sheet, use the rata for that occupational title as shown on the Building Construction Rate sheet.
ANNUAL WAGE ORDER NO. 16 3/09
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