HomeMy WebLinkAbout2009-183 Clearing & Grubbing Northwood Phase 2BILL N0.2009-183
ORDINANCE N0.2009-183
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT FOR CLEARING AND GRUBBING SERVICES FOR THE
NORTHWOOD ROAD PHASE II PROJECT
WHEREAS, the City of Riverside, Missouri ("City") has received competitive bids and
engaged in negotiations with VF Anderson Builders, LLC ("VF Anderson") for provision of
clearing and grubbing services related to the Northwood Road Phase II Construction Project (the
"Services"); and
WHEREAS, the City and VF Anderson have reached an agreement concerning the
provision of and payment for such Services.
NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to
accomplish and serve the public purpose of constructing the Northwood Road Phase II project.
Section 2. The City of Riverside shall enter into an agreement whereby VF Anderson shall
provide the Services to the City at a total cost of $31,640.00 (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 day of , 2009.
Mayor Kathleen L. Rose
AGREEMENT
BETWEEN
CITY OF RIVERSIDE AND
ELF ~~~~~% o.~, ~,~
FOR
COMPLETION OF
NORTHWOOD ROAD CLEARING & GRUBBING PLANS
CONTRACTOR: U~ ~/y~~~P~D~j~/l~~~P~ LLC
ORDINANCE NO.: ~0~9--/~~
CONTRACT PRICE: $
Agreement 00400-1
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
NORTHWOOD ROAD CLEARING & GRU~~B,B~~ING PLA
THIS AGREEMENT, made and entered into as of the c~~~~~"'day of 9, b
and between the City of Riverside, Missouri ("City"), and ~
("Contractor'), shall govern all Work to be provided by Contractor for City on the Project.
WHE AS, Cit , nder the provisions of Ordinance No. ~~~~~~ duly approved
and by virtue of the authority vested in City by the general
or finances of City, intends toe er into one or more contracts for the Project; and
WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City,
and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in
this Agreement; and
WHEREAS, Administrator may designate one or more engineers, azchitects, or other persons to
assist Administrator in performing Administrator's functions under this Agreement; and
WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services,
materials, supplies, tools, equipment, supervision, management, and other items as set forth in this
Agreement; and
WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the
Work, in accordance with this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained,
IT [S HEREBY AGREED by City and Contractor as follows:
ARTICLE I
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. `'Project," as used in this Agreement and the other Contract Documents, means the
building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement.
It may also include construction by City or others.
C. "Work," as used in this Agreement and the other Contract Documents, means all labor,
services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to
accomplish the results and objectives described in Exhibit A (Scope of Work) and Exhibit B (Specifications
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 perfotmance 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 d e ery bliga ' of Con or nde th ntract Documents, City shall
pay Contractor the. sum of % ~ ~/ _ hi ~ ~ ~ / ~~ No ~ i~
Dollazs (~~,~fl~. This am unt all include all costs, permtt 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 unit price Work set forth in Exhibit E are
estimates only, are not guazanteed, 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, determined by City.
C. Payment at the respective lump sums and unit prices set forth in Exhibit E shall be full
compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and
anything else necessary to complete the respective items in place, in full compliance with all requirements set
forth in the Contract Documents. All costs, permit fees, prott, 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 sepazate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit,
overhead, expenses, taxes and compensation of every kind in connection therewith are included in the prices
set forth in Exhibit E.
D. if estimated quantities set forth in Exhibit E are materially changed so that application
of unit prices set forth in Exhibit E will cause substantial inequity to City or Contractor, the applicable unit
prices shall be equitably adjusted.
E. This Agreement is subject to the City Ordinances, and payment shall be limited to the
amount of particulaz appropriation for the Work by the Boazd of Aldermen. The t al ent der this
Agreement shall not exceed the appropriation contained in Ordinance No. ~~~~
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, Pazagraph F
of this Agreement) of all the Work not later than 30 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. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure
to achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation,
City may exercise its rights under Paragraph F below and Article XIII of this Agreement under all
circumstances described in Pazagraph F and Article XIII, including but not limited to Contractor's failure to
achieve Substantial Completion in accordance with Paragraph B above.
D. Time is of the essence in the performance of the Work and any other Contractor
obligations under the Contract Documents. Contractor shall upon commencement of construction work daily
to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This
Pazagraph 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.
E. Promptly after the execution of this Agreement, and in any event before commencing
performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies
the dates on which Contractor plans to begin and complete various parts of the Work, including dates on
which information and approvals aze 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.
F. In the event Administrator determines that performance of the Work is not progressing
as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be
finished within the prescribed time, Administrator may, in Administrator's sole discretion and in addition to
any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate
Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the
Contract Documents and cleazly indicates that all Work will be completed within the prescribed time.
Agreement 00400-4
G. Contractor shall submit to City for review and approval all shop drawings, samples,
product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to
City for the accuracy and conformity of its submittals to the Contract Documents. Contractor shall prepare
and deliver its submittals to City in a manner consistent with the construction schedule and in such time and
sequence so as not to delay performance of the Work. Review and approval of any Contractor submittal shall
not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract
Documents unless express written approval is obtained from City specifically authorizing such deviation,
substitution, or change. If the Contract Documents do not contain submittal requirements pertaining to the
Work, Contractor agrees upon request to submit in a timely fashion to City for review and approval by City
any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably
be required by City. Contractor shall perform all Work strictly in accordance with approved submittals.
City's approval does not relieve Contractor from responsibility for defective work resulting from errors or
omissions of any kind on the approved submittals.
ARTICLE IV
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated
by reference into, or otherwise included in them, and all Change Orders, form the entire agreement between
City and Contractor, and are the Contract Documents:
This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR.
2. SCOPE OF WORK (Exhibit A to this Agreement).
3. The SPECIFICATIONS and DRAWINGS referred to in Exhibit B to this Agreement.
4. PERFORMANCE BOND (Exhibit C to this Agreement).
5. PAYMENT BOND (Exhibit D to this Agreement).
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 shall comply with such provisions of
the Contract Documents as City directs.
Agreement 00400-5
ARTICLE V
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with
a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual completion of
each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor's monthly accounting period, Contractor shall
submit an Application for Payment to the City representative designated in Article XII. In addition to the
amount of payment requested in the Application for Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total
additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each subcontractor and supplier whom Contractor intends to pay from the requested
payment and shall state the amount Contractor intends to pay each such subcontractor and supplier. An
Application shall not include a request for payment for any portion of the Work that was performed or
furnished by a subcontractor or supplier if Contractor does not intend to pay such subcontractor or supplier
from such payment. Contractor shall include with each Application all supporting documentation as City
may require. City shall pay Contractor within 30 days of delivery of Contractor's Application and all
supporting documentation to City's designated representative, provided all Work and documentation aze
acceptable to City. Within 15 days of its receipt of payment from City, 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 aze 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~~~~e~~yable out of the funds in the City Treasury available for Contractor
under Ordinance No. ~ .Payment shall be made to Contractor after the Boazd 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 similaz 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.
Agreement 00400-6
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
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 aze 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 aze 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 aze
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 material
properly provided, City may, but shall not be required to, pay subcontractors and suppliers directly. Any
payments made to subcontractors and suppliers shall be 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/CLAIMS
Agreement 00400-7
A. City, without invalidating this Agreement, may at any time and without notice to any
surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in
writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any
addition, deletion, or other change without a written order. No oral direction or order shall constitute
authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any
addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any
increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and
completely responsible for the acceptability to City of the addition, deletion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor's
performance, the Contract Amount shall be increased or decreased as follows:
If the Work is covered by unit prices set forth in Exhibit 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.
Agreement 00400-8
D. Agreement on any Change Order shall constitute a final settlement of all matters
relating to the change in the Work that is the subject of the Change Order, including but not limited to all
direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
E. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or
engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of
God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably
anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives
notice as provided for in Paragraph F below.
F. Any claim by Contractor for additional time or money for the performance of the
Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the Work,
shall be submitted to City's designated representative within five working days of the beginning of the event
for which the claim is made or on which it is based. If any claim is not submitted within the five-day period,
it shall be deemed waived.
G. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work,
maintain not less than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY -Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers, or
other design professionals engaged by or on behalf of City against claims for damage
to property and/or illness of, injury to, or death of any person or persons related to or
arising out of the Work. Such coverage shall have not less than the following limits:
a. Each occurrence $1,000,000.00
b. General aggregate $2,000,000.00
c. Products/completed operations aggregate $2,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• PersonaUadvertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
Agreement 00400-9
2. AUTOMOBILE LIABILITY -Contractor shall provide coverage for Contractor, City,
its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City against claims for bodily injury and/or
property damage arising out of the ownership or use of any owned, hired, and/or non-
owned vehicle and shall include protection for any auto, or all owned autos, hired
autos, and non-owned autos. The coverage shall have not less than a combined single
limit of $1,000,000.00 for each accident.
3. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY -This insurance
shall protect Contractor against all claims under applicable state workers'
compensation laws. Contractor also shall be protected through employer's liability
coverage against claims for injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workers' compensation law. The limits
shall not be less than the following:
a. Workers' Compensation Statutory
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 occun•ence basis, and all aggregate limits shall apply in total to the Work only. Each
policy providing general liability coverage or automobile liability coverage (including any umbrella or
excess policy that provides any required general or automobile liability coverage) shall provide contractual
liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy
providing general liability or automobile liability coverage (including any umbrella or excess policy that
provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name
as additional insureds Ciry, its employees, officers, and agents, and any architects, engineers, or other design
professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance
maintained by any additional insured, which other insurance shall be excess or contingent. The insurance
provided to the additional insureds shall apply, without limitation, to injury or damage caused by work
included in the products/completed operations hazard.
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 shalt 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
Agreement 00400-10
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 insurance.
E. All policies and certificates of insurance shall provide no less than 30 days' prior
written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction (including
but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the
certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all
satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this
Article VII. The certificate or certificates and copies of policies shall be delivered to City's designated
representative not less than seven days before Contractor first performs any of the Work. All policies except
Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its
employees, officers, and agents, and azchitects, engineers, or other design professionals engaged by or on
behalf of City.
F. Contractor also shall maintain any additional insurance coverages and any higher
-imits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
G. If any part of the Work is subcontracted, each subcontractor, or Contractor on behalf
of the subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts
satisfying all the requirements of this Article VII. Certificates and copies of policies, satisfactory to City,
evidencing the required insurance and compliance with this Article VII shall be delivered to City's
designated representative not less than seven days before the subcontractor first performs any of the Work.
ARTICLE VIII
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any azchitects, engineers, or other design
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of the Work,
provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or
death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent
caused or allegedly caused by the negligent acts or omissions of Contractor, a subcontractor or supplier, or
anyone directly or indirectly employed by them or anyone for whose acts they 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 Pazagraph 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.
Agreement 00400-11
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
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 aze 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.
Agreement 00400-12
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 Citv: For Contractor:
David Blackburn ~ G~
City Administrator ,
City of Riverside, MO
2950 NW Vivion
Riverside, MO 64150 ~~ ~ ~ ~ ~s~
B. Any notice required by the Contract Documents to be given in writing or that either
City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving
notice. The notice shall be deemed to have been given when it is received at the address stated above for the
addressee or at such other address as the addressee may furnish the other party.
C. Contractor's designated representative shall be available to meet with City at any time
during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter
related to this Agreement and/or the Work.
ARTICLE XIII
DEFAULT
A. If Contractor fails to comply, becomes unable to comply, or with reasonable
probability (as determined solely by City) will become unable to comply with any of Contractor's obligations
under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor
or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying
with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary
for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and
diligence, (3) causing any stoppage of, delay in, or interference with any work of City or any others on the
Project, or (4) abandonment by Contractor of all or any part of the Work, Contractor shall be in default, and
if the default is not corrected to City's satisfaction within 72 hours of Contractor's receipt of written notice to
correct from City, City may, in addition to any other right or remedy City may have, furnish any necessary
labor, supervision, materials, tools, equipment, services, or other items through City or others, to correct the
default, at Contractor's expense, or terminate Contractor's right to proceed with performance of any part or
all of the Work and take over and complete the performance of such Work, through City or others, at
Contractor's expense.
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,
Agreement ~ 00400-13
and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away
from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's
employees or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of
whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the
cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting
fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties, losses,
damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting
from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties,
losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and
Contractor shall pay City the full amount of any excess of such total over the amount otherwise due
Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract Documents is
exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity,
but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be
enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve
Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract
Documents.
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to
pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed
as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future
instance.
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
Agreement 00400-14
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances,
rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall secure
all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the
Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security number,
occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such
worker, the number of hours worked each day, the total hours worked during the payroll period, the gross
amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement
from each subcontractor of any tier that employed any workers in connection with the Work during the
period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this
Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any
person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be
in writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in
any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This
assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s)
and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any
time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without
City's written consent.
ARTICLE XVII
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that
affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
Agreement 00400- I S
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval
of Work unless specifically stated in writing. Contractor shall meet with City at the request of City.
C. Contractor shall at all times during performance of the Work keep the Project site
clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall
clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus
materials. Contractor shall make provisions to minimize and confine dust and debris resulting from
construction activities. If Contractor fails to comply with cleanup duties within 24 hours after written
notification from City of non-compliance, City may implement cleanup measures without further notice and
deduct the cost from any amounts due or to become due Contractor.
D.
ARTICLE XVIII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration, competence,
and experience to perform all the Work.
ARTICLE XIX
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the
performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted
good professional practices. If any defects in the Work are discovered within one year from final completion
of the Work, Contractor shall promptly remedy such defects at its own expense. This obligation shall be in
addition to Contractor's obligation to perform its Work properly. Neither final payment, Administrator's
final certificate, nor any other provision in the Contract Documents shall affect Contractor's obligation to
complete the Work free of defects in workmanship and material.
B. 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 XXI
SAFETY
Agreement 00400-16
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.
C. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or
take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City
may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall
make no claim for damages, for an increase in the Contract Amount, or for a change in the time for
performance of the Work based on Contractor's compliance with City's reasonable request.
ARTICLE XXII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor nor any subcontractors, suppliers,
employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIII
CONFLICT
Contractor shall promptly upon discovery 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
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
Agreement 00400-17
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
Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association
under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party
its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXVIII
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied
upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any
of the provisions of any of the Articles.
ARTICLE XXIX
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the parties
with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or
written, are of no further force or effect. Subject to Article VI of this Agreement, this Agreement and any
other Contract Document may be amended, changed, or supplemented only by written agreement executed
by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and
Contractor.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized
representatives.
CITY OF RIVERSIDE
By:
Agreement 00400-18
MAYOR
ATTES ED:
Y CLE
(Signature) nn
Printed Name: ~~ ~,~CY~, C ~ K.4 5 v
Title: ~ _.
V.F. ANDERSON BUILDERS, ]LLaC
By-
Printed Name:~~~. ~~~~in--~
Tit 1. F~ : ~~.~ ~~A~~~~1~~~-
Agreement 00400-19
EXHIBIT A -SCOPE OF WORK
Contractor shall perform the following Work:
All Work necessary to construct the Northwood Road Clearing & Grubbing Plans through the limits
of the Project as shown on and in accordance with the Specifications and Drawings referred to in
Exhibit B to the Agreement. The Work consists of removing the existing vegetation and placement
of temporary erosion control measures.
Agreement - Exhibit A Page - 1
EXHIBIT B -SPECIFICATIONS AND DRAWINGS
The following Specifications govern Contractor's performance of the Work:
"Northwood Road Clearing & Grubbing Plans Specifications: (Divisions 1 through 2 of the Project Manual)
dated Mazch 23, 2009 including appendices, addenda, and all other documents and specifications referenced
therein.
The Drawings governing the Work aze as follows; cover sheet dated March 23, 2009:
Sheet Description Sheet No.
ITLE SHEET 1
SUMMARY UANTITIES 2
FERENCE POINTS 3
LEAKING & GRUBBING PLANS 4-6
ROSION CONTROL 7-9
ROSS SECTIONS 10-23
Agreement - Exhibit B Page - 1
EXHIBIT C -PERFORMANCE BOND
Bond 4~B0323914
FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the
AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR, dated
2009, designated Ordinance No. in every
pazticulaz, VF Anderson Builders, LLC as Principal, and
The Cincinnati Insurance Company as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
MISSOUri, in the penal sum of Thirty-One Thousand Six Hundred Forty and no/ 100----
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 Department 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 performed thereunder shall in any way affect its
obligation on this Bond, and it does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Work.
Agreement - Exhibit C Page I
VF Anderson Binders, t,LC
PRINCIPA) j~
By' ~r
(Signature)
Printed Name:
Title: ~
Date: o
The Cincinnati Insurance
SURETY
By:
(Signature)
Printed Name: a Marrs
Title: Attorney-in~fact
Date: December 17 , 2009
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - Exhibit C Page-2
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Christopher Shane Davolt and/or Peggy Marrs.
of Liberty, Missouri its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Ten Million and No/100 Dollars ($10,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Boazd of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Atto~eys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regulazly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Boazd of Directors of the Company at a meeting duly called and held on the 7"' day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertakirig to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 10th day of October, 2008.
~.•'P ~~`'b THE L~~1 IN TI INSURANCE COMPANY
a aeaun ; /`}
~ SEAL ~, _~~
oxto
Vice Presiden
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this 10'h day of October, 2008, before me came the above-named Vice President of THE CINCINNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and direction of said corporation.
,,~~.~ARI A t $~
z 7
3 ~ -
,~ ~ - -
r MARK J. H LLER, Attorney at Law
~p~ ~\~~ NOTARY PUBLIC -STATE OF OHIO
'4'L~i My commlasion has no expiretlon
~•,~rE' t)F_~ date. Section 147.1ts O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby fiuther certify that the said Power of
Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
17th ~Y of December 2009 %~~~i~ / ~ ~
~ e0XP0e"~ i Secretary
~ SEAL ,~
oxto
BN-1005 (10/08)
EXHIBIT D -PAYMENT BOND
Bond 4~B0323914
vF Anderson Builders, LLC and the CITY OF RIVERSIDE, MISSOURI, have
entered into an Agreement dated
2009, designated
Ordinance No.
VF Anderson Builders, LLC
The Cincinnati Insurance Company
as Principal, and
as Surety, hereby bind themselves and their
respective heirs, executors, administrators, successors, and assigns, unto the City of Riverside,
Missouri, in the penal sum ofThirty-One Thousand Six Hundred Forty and no/lOdawful
money of the United States, conditioned that in the event Principal shall pay the prevailing
hourly rate of wages for each craft or type of worker required to execute the Work required by
the Contract Documents described in the Agreement in the locality as determined by the
Department of Labor and Industrial Relations of Missouri or by final judicial determination
pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 through 290.580,
inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all
amounts due for material, machinery, equipment and tools, consumed or used in connection with
the construction of such Work, and all insurance premiums, workers' compensation, and all other
kinds of insurance, on such Work, and for all labor performed in such Work whether by
Principal, subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full
force and effect, and the same may be sued on at the instance of any subcontractor, material
supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the
use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the Contract
Documents or to the Work to be performed thereunder shall in any wise affect its obligation on
Agreement - Exhibit D Page 1
this 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.
VF Anderson Builders, LLC
PRINCIPA~~
(Signature)
Printed Name: ~' /C/1-~~ t
Title: ~ P
Date:
The Cincinnati Insurance Company
SURETY
By: ~ t.
(Signature)
Printed Nam . eggy Marrs
Title: Attorney-in-fact
Date: December 17, 2009
SURETY POWER OF ATTORNEY MUST BE ATTACHED
Agreement - Exhibit D Page-2
THE CINCINNATI INSURANCE COMPANY
Fairfield, Ohio
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That TAE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of
the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint
Christopher Shane Davolt and/or Peggy Marrs.
of Liberty, Missouri its true and lawful Attorney(s)-in-Fact to sign, execute, seal
and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:
Any such obligations in the United States, up to
Ten Million and No/100 Dollars ($10,000,000.00).
This appointment is made under and by authority of the following resolution passed by the Boazd of Directors of said Company
at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'" day of December, 1958, which
resolution is still in effect:
"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attorneys-in-
Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the
Corporation, and may authorize any officer of any such Attorney-in-Fact to affix the corporate seal; and may with or
without cause modify or revoke any such appointment or authority. Any such writings so executed by such Atto~eys-in-
Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regulazly elected
officers of the Company."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the
Boazd of Directors of the Company at a meeting duly called and held on the 7"' day of December, 1973.
"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by
facsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the
Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing
such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed
and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,
continue to be valid and binding on the Company."
IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate
seal, duly attested by its Vice President this 10"' day of October, 2008.
°~y`'i- THE L~~1 IN TI INSURANCE COMPANY
$~CORPORIQE y
~ SEAL ,~ _~
eN10
Vice Ptesiden
STATE OF OHIO ) ss:
COUNTY OF BUTLER )
On this 10'" day of October, 2008, before me came the above-named Vice President of THE CINCIIYNATI INSURANCE
COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is
the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument
by the authority and_direction of said corporation.
/ '
MARK J. H LLER, Attorney at Law
NOTARY PUBLIC • STATE OF OHIO
My commission hea no expiration
date. Section 147.OS O.R.C.
I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above
is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of
Attorney is still in full force and effect.
GIVEN under my hand and seal of said Company at Fairfield, Ohio.
t~ 17th daY of December 2009 /j / / /
o~O0RP0R"n : // Secretary
~ SEAL ~s
• eNtO
BN-1005 (10/08)
EXHIBIT E -PROPOSAL
NORTHWOOD ROAD CLEARING & GRUBBING PLANS PROJECT
TO: CITY OF RIVERSIDE, MO
The undersigned bidder hereby proposes to famish all materials, supplies, transportation, tools,
equipment and plant, perform all necessary labor and construct, install and complete all work stipulated
in, required by, and in conformity with the proposed Contract Documents (including all documents
referred to therein) and any and all addenda thereto, for and in consideration of the price of
dollars ($ )•
The Contract Amount is subject to final determination of Work Performed at unit prices set forth in this
Proposal. The quantities of items of unit price Work set forth in this Proposal are estimates only, are not
guaranteed, and aze solely for the purpose of comparing bids and determining an initial Contract
Amount. Unless otherwise stated elsewhere in the Contract Documents, (a) determination of the actual
quantities and classifications of unit price Work performed will be made by City and (b) final payment
for all unit price items set forth in this Proposal will be based on actual quantities, determined by City.
The undersigned further agrees to begin upon the date stated in the Notice to Proceed, if this bid is
accepted, and to complete all work as provided in Article IV of Agreement between City of Riverside,
MO and Contractor.
2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying
bid on behalf of the bidder therein named, and that it had lawful authority so to do. The undersigned
further declares that it has not directly or indirectly entered into any agreement, expressed or implied,
with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any
bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other
persons, of any part of the Contract or any part of the subject matter of the bid or bids or of the profits
thereof, and that it has not and will not divulge the sealed bid to any person whomsoever, except those
having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or
bids aze opened.
3. The undersigned further declazes that it has cazefully 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, insurance certificates and policies, and
work authorization affidavit and documentation and execute an Agreement within ten (10) calendaz 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
Enclosed is a certified 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 required
insurance, bonds and other required documents within ten (10) calendaz 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.
Contractor
Title
(SEAL) ~
Attested Title
Address
Telephone Number
Agreement - Exhibit E Page-2
PROPOSAL
ITE
NO. BID ITEM DESCRIPTION EST.
TY. UNIT UNIT
PRICE PRICE
EXTENSION
EMOLITION UANTITIES
I obilization 1 LS
2 learin and Grubbin Tree & Root Removal 4131 SY
ROSION CONTROL UANTITIES
3 Silt Fence 886 LF
4 ock Check Dam 8 EA
5 em r Seedin & Mulchin 0.85 AC
OTAL BID
Agreement - Exhibit E Page 3
EXHIBIT F -PREVAILING WAGE RATES
A. ~ecial Wage Determination: Prevailing hourly rates of wages follow, as determined by
the Division of Labor Standazds, Jefferson City, Missouri.
Agreement - Exhibit F Page 1
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
JEREMIAH W. (JAY) NIXON, Governor
Annual Wage Order No. 16
Section 083
PLATTE COUNTY
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and
Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must
set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been
furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to
8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of
State of Missouri.
Ori in~al Signed by
Carla Buschjost, Director
Division of Labor Standards
This [s A True And Accurate Copy Which Was Filed With The Secretary of State: March 10.2009
Last Date Objections May Be Filed: Aori19.2009
Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE Section 083
PLATTE County
OCCUPATIONAL TITLE ectrve
Date of
Increase asic
Hourly
Rates ver-
Time
Schedule
Holiday
Schedule
Total Fringe Benefits
Asbestos Worker $32.04 52 53 $20.48
Boilermaker $32.t0 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 ELEC TRICIAN INSIDE WIREMAN RATE
Elevator Constructor a $38.380 26 54 $19.635
O ratin En ineer
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 $31.80 88 32 $13.85
Laborer Buildin
General $24.80 30 4 $12.20
First Semi-Skilled $25.20 30 4 $12.20
Second Semi-Skilled $25.60 30 4 $12.20
Lather USE CAR PENTER R ATE
Linoleum La er & Cutter $30.94 46 67 $11.73
Marble Mason $30.49 25 4 $11.60
Mitlwri ht USE CAR PENTER RATE
Iron Worker $28.75 50 4 $20.35
Painter $28.23 37 4 $12.57
Plasterer 24.00 68 4 $18.55
Plumber $38.13 45 33 $18.33
Pile Driver USE CAR PENTER R ATE
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 $11.80
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 $28.59 100 4 $9.65
Grou IV $28.59 100 4 $9.65
Traffic 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 fringe benefits contact the Division
of Labor Standards at (573) 751-3403.
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 18 4/09
Building Construction Rates for Section 083
PLATTE Countv Footnotes
roe asic ver-
OCCUPATIONALTITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule 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 NO. 16 3/09
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 traffic, parking or other circumstances, the hours of work on any project may be any
continuous 8'/a hours period (8 hours of work plus 30 minutes for lunch) between 7:00 a.m. and 4:30 p.m. When
circumstances warrant and when it is mutually beneficial and agreed to, the Employer may institute a work week
consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:00 p.m. Monday through
Thursday, with one-half ('~) hour allowed for a lunch period each day. Friday may be used as a make-up day. After
ten (10) hours in a workday, or forty (40) hours in a workweek, overtime shall tie paid at a rate of one and one-half
(1'/:) times the regular rate of pay. Overtime performed Monday through Saturday shall be paid at the rate of one and
one-half (1'/:) times the regular rate of pay. Sundays and recognized holidays shall be paid at the double (2) time rate
of pay. Labor Day shall be paid at triple (3) time. Shift work may be performed at the option of the Contractor.
However, whenever shift work is performed R 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'/e) hours work for eight (8) hours
pay. Third shift employees shall be paid an additional $0.50 above the regular hourly rate and work seven (7) hours
for eight (8) hours pay. In the event a first shift is not required, a second and third shift employee shall receive an
additional 15°r6 of the base rate and receive pay for actual hours worked.
NO. 13: Means a regular workday shall consist of eight (8) hours between 8:00 a.m. and 4:30 p.m. Forty (40) hours,
within five (5) days -Monday through Friday intrusive -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'i4) 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 sUaight time rate of pay. Sundays and the recognized holidays
shall be paid for at double (2) the regular straight time rate of pay, if worked. When so elected by the contractor,
multiple shifts of at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first
shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day shift" shall
receive eight (8) hours pay at the regular hourly rate for eight (8) hours work. The second shift (swing shift) shall be
worked between the hours of 4:30 p.m. and 12:30 a.m. Workmen on the "swing shift" shall receive eight (8) hours pay
at the regular hourly rate plus 10°~ for seven and one-half (7'r4) 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°r6 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-haH (1'r4)
times the "shift" hourly rate.
NO.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 sfte, and the employer, be between 7:00 a.m. and 9:00
a.m. with appropriate adjustments made to the regular quitting time and lunch time. All time worked before the regular
starting time and after the regular quitting time, Monday through Friday, shall be paid at the rate of time and one-half
(1'/z). All work commenting with the beginning of the established work day on Saturday shall be paid at the rate of
time and one-half (1Y:). All work commenting with the beginning of the established work day on Sundays and/or
Holidays shall be paid at the rate of double (2) time.
AW16 083 OT STIP.doc Page 1 of 8 Pages
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
NO. 17: Means the regular working day shall consist of eight (8) hours of labor between 7:00 a.m. and 3:30 p.m. and
the regular work week shall consist of five (5) consecutive eight (8) hour days of labor beginning on Monday and
ending with Friday of each week. All full-time or part-time labor performed during such hours shall be recognized as
regular working hours and paid for at the regular hourly rate. Except as otherwise provided, 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 rircumstances wan-ant and when it is mutually beneficial and agreed to
by interested parties, the Employer may instftute a work week consisting of four (4) consecutive ten (10) hour days,
between the hours of five (5) a.m. and six (8) 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 derision not
to work may not be held against the employee. When working four (4) ten (10) hour days overtime will tie paid at the
time and one-haH (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 Satuniay
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.
NO. 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'r4) 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, indusive. 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
agreemenq. Work performed on Construction Work on Saturdays, Sundays and before and after the regular working
day on Monday to Friday, indusive, shall be classified as overtime, and paid for at double (2) the rate of single time.
The employer may establish hours worked on a jobsite for a four (4) ten (10) hour day work week at straight time pay
for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m.
and 6:00 p.m., four (4) days per week, Monday to Thursday, indusive. Any work performed on Friday, Saturday,
Sunday and holidays, and before and after the regular working day on Monday to Thursday where a four (4) ten (10)
hour day workweek has been established, will be paid at two times (2) the single time rate of pay. The rate of pay for
all work performed on holidays shall be at two times (2) the single time rate of pay.
NO. 30: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 A.M.,
except when the work week is scheduled as a week with starting time advanced or delayed. Starting time may be
advanced or delayed by the employer up to two (2) hours from the regular starting time. Eight (8) hours shall
constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above,
and all work performed on Saturday shall be paid at time and one-haH (1'/z) 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'/z) rate. Friday make-up day shall not be used to make
up for time lost due to recognized holidays. All work performed on Sundays or holidays shall be paid at the double (2)
time rate.
AW16 083 OT STIP.doc Page 2 orb Pagea
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
NO.37: The Employer may choose, at his discretion, to work five eight hour days or four ten hour days with a Friday
make-up day, Monday through Friday at straight time. Overtime shall be paid after eight (8) hours when working "five
eights" and after ten hours when working "four tens'. All work performed on Sundays and recognized holidays shall
be paid for at the rate of double (2) time. All Saturday work shall be paid for at the rate of time and one-half (1 Y:) the
regular wage rate. All night work during the regular work week other than the above-mentioned days shall be paid for
at the rate of time and one-half (1'h) the regular wage scale until midnight and double (2) time after midnight except
make-up time will be allowed under the following condition: In the event of indement weather on exterior projects
which prevents working the full regular eight (8) hour day, forty (40) hour work week schedule, a Saturday make-up
day can lx3 granted. Then said work on Saturday shall be paid at the straight time rate of pay up to a maximum total of
forty (40) hours per week.
NO. 45: Means eight (8) hours shall constitute a day's work, beginning at 8:00 a.m. and ending at 4:30 p.m. The
regular work week shall be forty (40) hours, beginning Monday, 8:00 a.m. and ending at 4:30 p.m. Friday. Because of
traffic, parking and other dreumstances, the hours of work on any project may begin as early as 6:00 a.m. with eight
(8) hours worked between B:00 a.m. and 4:30 p.m. When dreumstances warrant and when it is mutually beneficial
and agreed to, the employer may institute a work week consisting of four (4) consecutive ten (10) hour days, between
the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday. Friday may be used as a make-up day. After ten
(10) hours in a workday, or forty (40) hours in a workweek, overtime shall be paid at a rate of one and one-half (1'/:)
times the regular rate of pay. All overtime Monday through Saturday shall be paid at the rate of time and one-half (1'/:)
the regular rate of pay. Sunday and recognized holidays shall be paid at double (2) time. Labor Day shall be paid at
triple (3) time. Shift work may be performed at the option of the Contractor. However, whenever shift work is
performed ft must cover a period not less than (5) consecutive working days. The day shift shall work a regular eight
(8) hours shift as outlined above. The hourly rate for second shift (seven and one-half hours worked for eight hours
paid) shall be twenty-five cents ($0.25) over and above the hourly rate. The hourly rate for third shift (seven hours
worked, eight hours paid) shall Lx3 fifty cents ($0.50) above the hourly rate. If no first shift is worked, second and third
shift employees shall receive an additional fifteen percent (15%) over and above the hourly rate for actual hours
worked.
NO. 46: Means the regular work day shall be eight (8) hours from 6:00 a.m. to 6: 30 p.m. Starting time may be
between 6:00 a.m. and 10:00 a.m. The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and
10:00 a.m. on Monday and ending between 2:30 p.m. and 6:30 p.m. on Friday. All hours in excess of the regular work
day and work week shall lie considered overtime. Overtime on days recognized as regular work days and on
Saturday shall be paid for at the rate of time and one-half (1'/.) the regular rate. Sunday and recognized holidays shall
be paid for at the rate of double time (2) for time worked. The Employer may establish a work week consisting of four
(4) days, Monday through Thursday, each day consisting of ten (10) hours at straight time rate of pay. The 410's
must run for a period of at least four (4) days.
NO. 48: Means the regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or
Tuesday through Saturday. Eight (8) hours shall constitute a day's work. Starting tlme shall not be earlier than 7:00
a.m. nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and one-
half (1'h) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday
schedule, all work performed on Saturday will be time and one-haH (1'~) unless time has been lost during the week, in
which case Saturday will be a make up day to the eMent of the lost time. On the Tuesday through Saturday schedule,
alt work performed on Monday will lie time and one-haN (1'/~) unless time has been lost during the week, in which case
Monday will lx3 a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2) time. If
employees work on any of the recognized holidays, they shall lx3 paid time and one-haM (1'/:) their regular rate of pay
for all hours worked.
NO. 50: Means eight (8) hours constitute a normal day's work Monday through Friday. Any time worked over eight
(8) hours will normally lxj paid at time and one-half (1Y:) except for exdusions stated in some following additional
sentences. The Employer, at his discretion, may start the work day between 8:00 a.m. and 9:00 a.m. Any schedule
chosen shall be started at the beginning of the work week (Monday) and used for at least five days. Work may be
scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such a schedule
is employed, then Friday may be used as a make-up day when time is lost due to indement weather. Time and one-
half (1'/:) shall be paid for any work in excess of eight (8) hours in any regular work day Monday through Friday unless
working 410's, then time and one-half (1'/e) after ten (10) hours. All work performed On Saturday will be time and one-
half (1'/:). Double (2) time shall be paid for all work on Sundays and recognized holidays.
AW16 083 OT STIP.doc Page 3 of 8 Pagea
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
N0.52: Means the regular workweek shall consist of five (5) eight (8) hour days, Monday through Friday. The regular
workday shall consist of a eight (8) hour period, to be worked between the agreed upon starting time, and ending no
later than 4:30 p.m. The agreed upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m.
The option exists for the employer to use a four (4) day, ten (10) hour work week. Days worked shall be Monday
through Thursday or Tuesday through Friday. If the job requires men on duty all five (5) days, then part of the crew
may work the first four (4) days and the remainder of the crew may work the last four (4) days. Hours each day shall
be from 7:00 a.m. to 5:30 p.m. Interested party's on the project must agree to this clause before it may be used.
Once this clause has been put into effect, it shall remain as long as the majority of the Employees ~ the project and
the Employer agree to keep it. The four (4) day Gause shall not be used to circumvent a Holiday. Except as
otherwise provided, all work performed outside the regular working hours and performed during the regular work week
(Monday through Friday) shall be at the following rates of pay:
H to idavs-New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day (or days
observed as such) shall be recognized as Holidays that shall be paid at two (2) rimes the regular rate of pay.
Labor Dav-No work shall be performed on Labor Day except in speaal cases of emergency. Rate of pay shall
be at three (3) times the regular rate of pay.
Overtime-Work performed outside of the regular work day (the regular work day shall consist of an eight (8)
hour period, to lie worked between the agreed upon starting time, and ending not later than 4:30 p.m. The agreed
upon starting time shall be any time between the hours of 6:00 a.m. and 8:00 a.m., by mutual consent of the interested
party's.), shall be:
A. Hours worked Monday through Friday, the first two (2) hours of overtime will be paid at time and one-haH
(1'/:). All other overtime will be paid at the double (2) time rate.
B. The first ten (10) hours worked on Saturday will be paid at time and one-half (1'/:), with all other hours to
be paid at the double (2) time rate.
C. Sundays and Holidays (except Labor Day) shall be paid at the double (2) time rate.
NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through
Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by
mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular
workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent
information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours,
Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and one-half (1'/z) except in
cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays
shall be paid at the double (2) time rate of pay.
NO. 58: Means eight (8) consecutive hours, between 6:00 a.m. and 5:30 p.m., shall constitute a days work. Five (5)
days work, Monday through Friday, shall constitute a normal work week. Work pertorned in excess of eight (8) hours
per day or eight hours beyond normal starting time for that project excluding lunch Monday through Friday, and all
work performed on Saturday, shall tie paid for the rate of time and one-half (1Y:). When Sundays and recognized
holidays are worked, the worker(s) shall be paid at the rate of double (2) time. Work may be scheduled on a four (4)
days a week (Monday through Thursday) at ten (10) hours a day schedule at straight time. A Friday make-up day is
available 'rf time is lost due to inclement weather and at least sixteen (16) hours, but not more than thirty (30) hours,
were worked during the week.
NO. 63: Means eight (8) hours shall constitute the regular work day between time that may tx3 advanced or delayed
by two (2) hours on either side of 8:00 AM. The Employer may establish a work week consisting of four (4) days,
Monday through Thursday, each day consisting of ten (10) hours straight time. The four (4) tens (10s) must run for a
period of at least four (4) days, Monday through Thursday. All work on Friday on a four (4) tens (10) project will be
paid at the rate of time and one-haK (1'/:). All work performed on Saturday shall be paid at time and one-half (1'/:). All
work performed on Sundays and recognized holidays must lie paid at double (2) time. All work performed prior to or
after the regular eight (8) hour work day, or ten (10) hour work day, as described above shall be paid at time and one-
half (1'/:) the regular rate.
AW16 083 OT STIP.doC Page 4 of 8 Pages
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
N0.6b: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with
one half hour for lunch between three and one-half (3'/:) and five (5) hours after starting time. The starting time may
be advanced by two (2) hours or delayed one (1) hour by the employer from the regular starting 6me. All work
performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time
and one-half (1 Y:). Work performed outside these hours shall be paid at the overtime rate of time and one-haN (1 Y:),
except as provided otherwise below. Ail work performed on Sundays or recognized holidays shall be paid at the
double (2) time rate. When the start time is delayed past 9:00 a.m., the employee's pay shall start at 9:00 a.m. and all
time, after the normal quitting time (5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the
work day. All work pertormed prior to or after the regular eight (8) hour work day, as described above, and all work
performed on Saturday shall be paid at time and one-half (1 %) the regular rate. In the event that a scheduled eight (8)
hour work day is missed (not including recognized holidays) because of inclement weather, then that missed work day
may be made up at straight time on 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 forty (40) hours must lie paid at time and one-half (1'/:). The employer may establish a
410's schedule on projects (4 days with 10 hours per day at straight time). In order to use the 410's schedule, the
employer must schedule the 410's for a minimum of one (1) week. If using a 410's schedule, a Friday make-up day
is allowed.
N0.68: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with
one half hour for lunch between three and one-half and five hours after starting time. The starting time may be
advanced or delayed by the employer up to one hour from the regular starting time. All work pertortned before the
advance starting time and during the haH hour lunch shall be paid at the overtime rate of time and one-half (1'/:). Work
pertormed outside these hours shall be paid at the overtime rate of time and one-half (1'/:), except as provided
otherwise below. All work pertortned on Sundays or holidays shall be paid at the double (2) time rate. Eight (8) hours
shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described
above, and all work performed on Saturday shall be paid at time and one-half (1'/:) the regular rate, except as
hereinafter described. In the event that a scheduled eight (8) hour work day is missed (not incuding recognized
holidays) because of incement weather, then that missed work day may be made up at straight time on the Saturday
in the week of the pay period. It is recognized that not all employees working on a Saturday make-up day will have
worked the same number of hours during the regular work week. It is further recognized that any work after forty (40)
hours must be paid at time and one-half (1'h). The employer may establish a 410's schedule on projects (4 days with
10 hours per day at straight time). In order to use the 410's schedule, the employer must schedule the 410's for a
minimum of one (1) week. If using a 4-10's schedule, a Friday make-up day is allowed.
NO. 85: Means the work week shall lie Monday through Sunday. Eight (8) hours shall constitute a day's work to
begin between 6:00 a.m. and 9:00 a.m. and end between 2:30 p.m. to 5:30 p.m. Employees required to work during
their lunch period shall receive the overtime rate. Employees shall receive time and one-haM (1'h) for all time they are
required to work prior to their normal starting time or after eight (8) hours or normal quitting time Monday through
Friday, or all day on Saturday. If an Employer has started the work week on a five day, eight hours a day schedule,
and due to incement weather misses any time, then he may switch to a nine or ten hours a day schedule, at straight
time, for the remainder of that work week in order to make up for the lost time (10-hour make-up day). All work over
ten (10) hours a day or over forty (40) hours a week must be paid at time & one-haH (1'h). Sundays and recognized
holidays shall be paid at the double (2) time rate of pay. A contractor may after the regular work week to four (4) ten
(10) hour days at straight time rate of pay. To do this the scheduled 410's must be worked at least one full week and
the regular workweek shall be Monday through Thursday with Friday being amake-up day at sVaigM time for days
missed in the regular workweek due to incement weather. If 5-8's are being worked, Saturday may be used as a
make-up day at straight time if inclement weather prevents work during the normal workweek.
AW16 083 OT STIP.doc Page 5 of 8 Pagea
REPLACEMENT PAGE
PLATTE COUNTY
OVERTIME SCHEDULE -BUILDING CONSTRUCTION
NO. 88: Means the regular work week shall consist of five (5) eight (8) hour days, 8:00 a.m. to 4:30 p.m., Monday
through Friday, except when the work week is scheduled as a 410's week or as a week with start time advanced or
delayed as described below. The starting time may be advanced or delayed by one hour on either side of 8:00 a.m.
The advanced or delayed starting time must run for a period of at least five (5) days. The Employer may establish a
work week consisting of four (4) days, during the regular work week, each day consisting of ten (10) hours at straight
time. The 4-10's must run for a period of at least four (4) days. Time and one-half (1'/:) shall be paid for any work in
excess of eight (8) hours in any regular work day Monday through Friday (or ten hours in a 410's week), the first eight
(8) hours of a Saturday, and it shall be at time and one-haN (1'/~) for the Friday and Saturday following Thanksgiving.
Double (2) time shall be paid for the following time worked on Sunday, New Year's Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day and Christmas Day, as well as any work in excess of eight (8) hours on a Saturday and
the Saturday of a three-day weekend (except the Saturday following Thanksgiving).
NO. 95: Means a regular workday shall consist of eight and one-half (8'r4) hours elapsed time, including one-half hour
for lunch. The crew starting times shall be flexible within the period of daylight to 8:00 a.m. Any work performed over
ten (10) hours of elapsed time per day incuding one-half hour for lunch andlor any work performed over forty (40)
hours at the straight time rate in one week shall be paid at time and one-half (1'/:) the straight time rate. Saturday
shall be a voluntary make-up day at straight time at the discretion of the contractor and with the consent of the
employees. Sunday and rewgnized holidays shall be paid for at double (2) time.
NO. 100: Means eight (8) hours shall constitute a day's work, and five (5) continuous eight-hour days shall consttute
a week's work, Monday through Friday. Time and one-half (1'/z) the regular hourly rate shall be paid for all work
performed in excess of eight (8) hours in any one day or forty (40) hours in any one week. Starting time shall be
between 6:00 a.m. and 9:00 a.m. All work over eight (8) hours in a regular 5-day 8-hour schedule shall be at the
appropriate overtime rate. All time worked before the regular scheduled starting time shall be paid for at the rate of
time and one-half (1 %:) and shall not apply to regular shift. All time worked after eight (8) hours in any one day or after
5:30 p.m., whichever comes first, shall be paid at the time and one-half (1'/:) rate. An Employer, at his option, may
elect to work four (4) ten (10) hour days, Monday through Thursday, at straight time. All such work must be done at
least one week in duration. All work over ten (10) hours in one day or forty (40) hours in a week shall be at the
overtime rate. Any employee who is scheduled to work on any regular work day but is prevented from working
because of weather conditions, shall be permitted to work on Saturday (Friday if working 410's) as a make-up day at
the straight time rate of pay. When an employee is required to work on any recognized holiday they shall receive the
double (2) time rate for all time that they are required to perform work. All time worked from 12:00 Midnight Saturday
to 12:00 Midnight Sunday shall be paid for at the rate of double (2) time on single shift.
AW16 083 OT STIP.doc Page B of 8 Pages
REPLACEMENT PAGE
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.2: All work performed on New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day, or the days observed as such, shall be paid at the double time rate of pay.
N0.4: Ail work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and
Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will
be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the
recognized holiday.
N0.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, and 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 fallowing Thanksgiving shall be paid at the time and one-haN
(1'/:) rate of pay. All work performed on Sundays, New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. When one of the above
holidays falls on Sunday, the following Monday shall be observed and when one of the above holidays falls on
Saturday, the preceding Friday shall be observed.
N0.33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day
shall be paid at the double time rate of pay. Labor Day shall be paid at the triple (3) time rate of pay. If the holiday
falls on Sunday, the following Monday will be observed; if the holiday falls on Saturday, the preceding Friday will be
observed.
NO.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 Years 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 8 one-half (1'/:) their regular rate of pay for all hours worked.
NO. 63: 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 Oay, 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
AVJ016 083 BHoI STIP.doc Page t of 2 Pages
REPLACEMENT PAGE
PLATTE COUNTY
HOLIDAY SCHEDULE -BUILDING CONSTRUCTION
N0.6T: All work performed on New Year's Day, Memorial Day, Christmas Day, Fourth of July and Thanksgiving
Day, from midnight to midnight, shall be paid for at the rate of double time (2) the basic rate of pay if required to work
in addition to any other pay otherwise required hereunder as holiday pay. Positively no work shall be performed on
Labor Day. Martin Luther King's Birthday, Veteran's Day, and the day after Thanksgiving Day shall be considered
optional holidays, and if the Employer and employees agree that work will be performed on that day, no premium
pay will be required. Should any of the above holidays fall on Saturday, the holiday will be observed on Friday.
Should any of the above holidays fall on Sunday, the holiday will be observed on Monday.
N0.68: All work pertorrned 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 sVaigM 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, ff worked. Any one of the above listed holidays falling on Saturday shall be
observed on the prior Friday and paid for at double (2) the regular straight time rate of pay, if worked. No work shall
be performed on Labor Day except in case of emergency.
ANNUAL WAGE ORDER NO. 16
AW018 083 BHoI STIP.doc Page 2 of 2 Pages
Heavy Construction Rates for
PLATTE County
Section 083
OCCUPATIONAL TITLE cove
Date of
Increase aslc
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
OPERATING ENGINEER
Grou I $31.09 3 2 $12.87
Grou II $30.05 3 2 $12.87
Grou III $30.05 3 2 $12.87
Grou IV $25.58 3 2 $12.87
Oiler-Driver $28.93 3 2 $12.87
CEMENT MASON $24.02 3 2 $16.38
LABORER
General Laborer $26.03 3 2 $11.14
Skilled Laborer $27.24 3 2 $11.14
TRUCK DRIVER-TEAMSTER
Grou I $28.21 3 2 $10.65
Grou II $28.21 3 2 $10.65
Grou III $28.21 3 2 $10.65
Grou IV $28.21 3 2 $10.65
Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of
construction work established in 8 CSR 30-3.040(3).
Use Building Construction Rates on Building construction in accordance with the classifications of construction
work established in 8 CSR 30-3.040(2).
If a worker is performing work on a heavy construction project within an occupational title that is not listed on the
Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate sheet.
ANNUAL WAGE ORDER NO. 16 309
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 side of 8:00 AM. The Employer may establish a work week consisting
of four (4) days, Monday through Thursday, each day consisting of ten (10) hours straight time. The four
(4) tens (10s) must run for a period of at least four (4) days, Monday through Thursday. All work on
Friday on a four (4) tens (10) project will be paid at the rate of time and one-half (1'h). All work pertormed
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'h) the
regular rate.
N0.3: 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'h) for all work performed on Sundays
and recognized holidays. Double (2) time shall be paid for work performed on Sundays or recognized
holidays when and only if any other craft employees of the same employer at work on that same job site
are receiving double (2) time pay for that Sunday or Holiday work. A work day is to begin between 6:00
a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions
beyond the reasonable control of the Employer prevents work, in which event, the starting time may be
delayed, but not later than 12:00 noon. Where one of the recognized holidays falls or is observed during
the work week, then all work performed over and above thirty-two (32) hours in that week shall be paid at
the rate of time and one-half (1'/:).
ANNUAL WAGE ORDER NO. 16
AW018 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'/~).
NO. 17: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July),
Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of double (2) time.
When a holiday falls on a Saturday, Friday shall be observed. When a holiday falls on a Sunday, Monday shall be
observed. No work shall be performed on the Fourth of July or Labor Day except to save life or property. Where one of
the holidays specified falls or is observed during the work week, then all work performed over and above thirty-two (32)
hours in that week shall be paid at the rate of time and one-half (1'/:).
Awo78 083 HHol.doc ANNUAL WAGE ORDER NO. 16 Page 1 of 1
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 man Lineman $36.19 $4.75 + 34%
Lineman rator $33.77 $4.75 + 34%
Groundman $23.98 $4.75 + 34%
UTILITY WORK
Occu ational Title Basic Total
Hourl Erin e
Rate Benefits
Journe man Lineman $33.45 $4.75 + 34%
Lineman O rator $30.92 $4.75 + 34%
Groundman $21.56 $4.75 + 34%
OVERTIME RATE: Eight (8) hours of work between the hours of 8:00 a.m. and 4:30 p.m. shall
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 ofthe aforementioned will be paid at the applicable overtime rate. When starting
time has been adjusted, all other provisions concerning the work day shall be adjusted accordingly.
The overtime rate of pay shall be one and one-half (1 %:) times the regular rate of wages, other than
on Sundays, holidays and from Midnight until 6:00 a.m., which will be paid at double (2) the
straight time rate.
HOLIDAY RATE: Work performed on New Yeaz's Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, Christmas Day, or days celebrated as such, shall be paid at the double time
rate of pay. If the holiday falls on Saturday, it will be observed on Friday; if the holiday falls on
Sunday, it will be observed on Monday, and shall be paid for at double (2) the regulaz straight time
rate of pay.
ANNUAL WAGE ORDER NO. 16 3roe
KCZONE I AWlbdoc