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HomeMy WebLinkAbout2010-039 Bid Award Subgrade Stabilization WMI ConstructionRESOLUTION NO. R-2010-039 A RESOLUTION AWARDING THE BID FOR SUBGRADE STABILIZATION IN CONNECTION WITH THE CONSTRUCTION OF A COMMUNICATIONS TOWER BY MOTOROLA AT 4001 NW TREMONT TRAFFICWAY TO WMI CONSTRUCTION INC. IN THE AMOUNT OF $41,000. WHEREAS, the City issued an invitation to bid to contractors for sub grade stabilization in connection with the construction of a new communications tower for public safety purposes; and WHEREAS, the purchasing policy adopted by the City provides for award of a bid to the lowest responsible bidder with due consideration given to the quality of previous performance of the contractor as well as the quality of supplies for the particular use required; and WHEREAS, staff has recommended award of the bid to WMI Construction Inc. as the lowest responsible bidder for the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to approve the bid of WMI Construction Inc. as the best bid to perform such project; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the bid of WMI Construction Inc. for sub grade stabilization in connection with construction of a new communications tower at 4001 NW Tremont Trafficway in the amount of $41,000.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and WMI Construction Inc. in substantially the same form as attached hereto as Exhibit "A" and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the ~"#' day of , 2010. ATTEST: Robin Littrell, City Jerk ,Mayor ~aTe..~ ~~,~( Qn.•~s AoorQVe,,d as to Form: City Attorney RIVERS, L0. Upstream from ordinary. 2950 NW Vivian Road Riverside, Missouri 64150 MEMO DATE: July 16, 2010 AGENDA DATE: July 20, 2010 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Contract for the Motorola tower subgrade replacement. BACKGROUND: The Motorola tower site requires the replacement of the subgrade due to the amount of rubble and debris found. The site has been a dumping ground for many different projects since 1993. The area being replaced is limited to the compound of the tower site. Unsuitable material will be removed and placed elsewhere on site. Clean, compacted fill will then be used to replace the unsuitable material. The project is expected to take approximately one (I) week to complete. Construction of the tower is on a fast track in order to complete tower construction before winter. The City sent requests for bid to 5 qualified contractors and received 3 bids for the project. W.M.I. Construction submitted the low bid. W.M.I. Construction Inc. $41,000.00 R.A. Knapp Construction, Inc. $42,500.00 Damon Pursell Construction, Co. $68,775.00 RECOMMENDATION: Staff recommends approval of the ordinance and acceptance of the contract with WMI Construction Inc. to begin work for the tower project. BUDGETARY IMPACT: $41,000 will be expended under this contract. CONTRACT NO. AGREEMENT BETWEIN CITY OF RNERSIDE AND CONTRACTOR THIS AGREEMINT is made and entered into this 2(o day of fV L. �/ , �O/O , by and between the City of Riverside, Missouri, ("City") and (,�J. J4l.T, � 1NC. ("Contractor"). City and Contractor agree as follows: 1. Contractor shall provide and pay for a11 labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in E�ibit A(Scope of Work) to this Agreement (the "Work") in compliance with all provisions of this Agreement. 2_ Contractor sha11 complete all the Work not later than Jul,��, 2010 . 3. Provided Contractor performs all the Work in accordance with this Agreement and complies with all obligations of Contractor under this Agreement, City shall pay Contractor $�}I, OOD.a4 This amount inciudes a11 taa�es, costs, pernut fees, profit, overhead, expenses, and cornpensation of every kind related to the Work. Payment shall be made upon completion of all the Work. 4. Contractor shall comply with a11 federal, state, local, and other governmental laws, ordinances, rules, regulations, orders, and the like applicable to the Work. Contractor shall secure all permits from public and private sources necessary for performance of the Work. 5. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with performance of the Work and sha11 take reasonable precautions for the safety of, and shall provide reasonable protection to prevent injury, damage, or loss to (a) employees and other persons at the site of the Work or who may be affected by the Work, (b) material and equipment stored at on-site or off-site locations for use in performance of the Work, and (c) other property at the site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated far removai, relocation, or replacement in the course of performance of the Work. Contractor sha11 give notices and comply with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from injury, damage, or loss. 6. Contractor shall comply with applicable prevailing wage laws. The applicable prevailing wage rates are attached to this Agreement as Exhibit B. Each month, Contractor shall submit to City (a) a signed statement, in form acceptable to City, showing, for each weekly payroll month, the name, address, social secutity 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 month. 7. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both velucular and pedestrian, around the site of khe Work and all adjacent areas. Contractor shall at all times during performance of the Work keep the site of the Wark and all adjacent areas clean and free from debris resulting from the Work. Prior to discontinuing Work in an azea, Contractor shall clean the area and remove a11 rubbish and its equipment, tools, machinery, waste, and surplus material. Contractor shall make provisions to minimize and confine dust and debris resulting from performance of the Work. 8. Only material and equipment that are to be used directly in the Work shall be brought to and stored at the site of the Wark. After equipment is no longer required for the Work, it shall be promptly removed from the site of the Work. Protection of material and equipment from weather, theft, and a11 other casualty or damage is solely the responsibility of Contractor. 9. A. Contractor shail, 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 properiy 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 that the following limits: (1) Each occurrence ............................ $1,000,000.00 (2) General aggregate ........................... $2,000,000.00 (3) Products/completed operations aggregate $2,000,000.00 (4) The foliowing coverage shall be included: • Blanket contractual liability • Products/completed operations • PersonaUadvertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 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. 2. AUTOMOBILE LIABILITI' — Contractor sha11 provide coverage for Contractor, City, its employees, officers, and agents, and any ' azchitects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property ' 2 ' damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and sha11 include protection for any auto, or a11 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 wluch, for any reason, may not fa11 within the provisions of a workers' compensation law. The limits sha11 not be less than the following: (1) Workers' Compensation Statutory (2) Employer's Liability: Bodily injury by accident $1,000,000.00 Bodily injury by disease $500,000.00 each employee B. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, subcontractors, and suppliers. This insurance shall be written as a Builder's Risk / Installation Floater "a11 risk" or equivalent form to cover a11 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, earthqualce, earth movement, water damage, wind, testing, and collapse. This insurance sha11, without limitation, insure portions of the Work stored on or off the site of the Work 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 sha11 remain in effect until fmal payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, subcontractors and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph B, except such rights as they may have to the proceeds of the insurance. C. All inswance shall be written by an insurer or insurers acceptable to City. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability covera.ge) shall provide contractual liability coverage for all indemnity obligations of Contractor under this Agreement. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) sha11, in form satisfactory to Ciry, (a) name as additional insureds ' City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by ar on behalf of City, and (b) provide that it is primary to any other ' insurance maintained by any additional insured, which other insurance shall be excess ar '' 3 contingent. The insurance provided to the additional insureds sha11 apply, without limitation, to injury or damage caused by work included in the products/completed operations hazard. All policies and certificates of insurance shall provide no less than 10 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 fiirnish 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 Paragraph 9 of this Agreement. The certificate or certificates and copies of policies shall be delivered to City not less than five days before Contractor performs any of the Work. All policies except Workers' Compensation sha11 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. 10. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attomeys' fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, 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 indirectiy employed by them or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in party by a party indemnified hereunder. This obligation is not intended to, and sha11 not, negate, abridge, or reduce other rights or obligations of indemnity that would othenvise exist as to a party or person described in this paragraph 10. In claims against any person or entiTy indemnified under this paragraph 10 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 this paragraph 10 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a subcontractor or supplier under warkers' compensation acts, disability benefits acts, or other employee benefit acts. 11. If any defects in the Work are discovered withixi one year from fmal completion of the Work, Contractor shail promptly remedy such defects at its own expense. 12. Except with the prior written consent of City, Contractor shall not assign this Ageement 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 sha11 not relieve Contractor from any obligation under this Agreement, nor shall it create any obligation from City to any assignee, subcontractor, or vendor. 13. Prior to commencing any Work, Contractor shall obtain from a recognized surety acceptable to City, a performance bond and a payment bond, in the forms at Eachibits C and D to this Agreement. Each such bond shall be for the full amount stated in Paragraph 3 of this Agreement. The premium for these bonds is included in the amount stated in Pazagraph 3. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. ' CITY OF RNERSIDE By: _ MAYOR PRo TEM ATTESTED: `���� G���.P � - .. : CITY CLERK . _ � `' „ " � [CONTRACTOR] Gv. In• � . CDNS��2dcTo.�1 �'�/C, .... �, I ' BY� � - J (Signature) Printed Name: �/�'p�5 /�. ,8 vRc.l� Title: �R e S 5 CONTRACT NO. EXHIBIT A— SCOPE OF WORK Contractor shall perform the following Work: All Work necessary to remove 50' x 65' x 15' of existing fill/rubble material on site and fill with approved material at 95% compaction and in accordance with the Specifications and Drawings refened to in E�chibit B. The location is the proposed compound shown on the Motorola Site Plan at 4001 NW Tremont Tr�cway. The project will be awarded on July 20, 2010. No6ce to Proceed will be issued on July 21, 2010. Project completion shall be no later than July 30, 2010. Sealed bids should be received by the City of Riverside, Missouri at City Hall until 10:00 A.M. Central Legal time on Tuesday, July 13, 2010. Agreement — E�chibit B Page 1 EXHIBIT B— SPECIFICATIONS AND DRAWINGS The following Specifications govern Contractor's performance of Work: KCAPWA Specifications and Criteria Motorola Site Plan Agreement — Eachibit B Page I DIVISION II CONSTRUCTION AND MATERIAL SPECIFICATIONS SEWERS SECTION 2100 - GRADING AND SITE PREPARATION APPROVED AND ADOPTED THIS 21TH DAY OF MAY 2008 KANSAS CITY METROPOLITAN CHAPTER OF THE AMERICAN PUBLIC WORKS ASSOCIATION TABLE OF CONTENTS SECTION 2101 CLEARING AND GRUBBING .............................................................................................................1 2101.1 5cope ............................................................................................................................................................................1 2101.2 Definitions .....................................................................................................................................................................1 2101.3 Construc6on Details ......................................................................................................................................................2 SECTIONZ102 GRADING ............................................................................................................................................2 2102.1 Scope ............................................................................................................................................................................2 2102.2 Definitions ..................................................................................................................................................................... 2 2102.3 Construction Detaiis ......................................................................................................................................................3 2102.4 Excavafion .....................................................................................................................................................................4 2102.5 Undergrading ................................................................................................................................................................4 2102.6 Embankment .................................................................................................................................................................5 2102.7 Finishing ........................................................................................................................................................................6 2102.8 Cleanup .........................................................................................................................................................................6 SECTION 2103 MEASUREMENT AND PAYMENT ......................................................................................................6 2103.1 Scope ............................................................................................................................................................................6 2103.2 General .........................................................................................................................................................................6 2103.3 Items Not Listed in the Proposal ...................................................................................................................................6 2103.4 Methods of Measurement ............................................................................................................................................. 6 2103.5 Basis of Payment .......................................................................................................................................................... 7 American Public Works Association Kansas City Metropolitan Chapter i May 2008 DIVISION II CONSTRUCTION AND MATERIAL SPECIFICATIONS SECTION 2100 GRADING AND SITE PREPARATION SECTION 2101 CLEARING AND GRUBBING 2101.1 Scope This section govems the furnishing of all labor, equipment, tools and materials and the performance of all clearing, grubbing, and demolition within the limits of work as defined in Section 21 D1.3A of this specification, in the Special Provisions or as shown on the plans. 2101.2 Definitions A. Clearing: Clearing shall consist of removing all vegetable matter such as trees, brush, down timber and other objectionable materials found on or above the surface of the site. It shall include removing buildings, , fences, lumber, waste dumps and trash and the salvaging of such matenals as may be specified and ' disposing of the debris. The Contractor shall scalp all excavation and embankment areas. Scalping shail include the removal of material such as sod, grass, residue or agricultural crops and decayed vegetable matter from the surface of the ground without removing more earth than is necessary. B. Grubbing: Grubbing shail consist of removing and disposing of all vegetable matter such as stumps, roots, huried trees and brush encountered below the surface of the ground or subgrade, whichever is lower, which have not been inciuded in Section 2101.2A entitled "Clearing". ' In all cases of grubbing, the vegetable matter shall be removed to a minimum depth of 12 inches (30.48cm) below ground line or subgrade, whichever is lower, except as provided in Section 2101.3C. ' When deleterious materials are encountered below ground line which may be detrimental to ihe proposed improvement, these shall be removed to a depth necessary to provide adequate support for the proposed ' improvement C. Demolition and Removal: This work shail consist of demolishing, removing, and disposing of all structures and improvements within the construction limits unless included in other items of work as shown on the plans or in the Special Provisions. This work shall apply to all structures and improvements, whether on, above or below the surface of the ground or subgrade. Demolition and removal shall inciude but not be limited to items such as buildings, drainage structures, pipes, pavements, fences, retaining walls, guard rails, and signs. Items such as fences and guard rails shall be salvaged and relinquished to the appropriate owner or relocated, where indicated on the plans. Relocation of signs, fences, guard rails, etc. shall be considered incidental to removal work except where such relocation is listed separately in the Itemized Proposal of the Special Provisions. All pipes which are to be abandoned shall be removed unless otherwise shown on the plans or approved by the Engineer. D. Trees: Vegetable growth 6 inches (15.24cm) in diameter and larger, measured 3 feet (91.44cm) above ground shall be class�ed as a tree. E. Brush: Vegetable growth less than 6 inches (15.24cm) in diameter, measured 3 feet (91.44cm) above ground shall be classified as brush. American Public Works Assoeiation Kansas Cky Metropolitan Chapter 1 June 08 2101.3 Construction Details A. Limits of Work: The limits for clearing, grubbing, and demolition shall extend to the construction limits unless otherwise shown on the plans. B. Protection of Greenery, Existing Structures and Private Facilities: The plans will designate trees, shrubs or other plants that are to be saved and the Contractor will take necessary steps to protect this greenery. Trees may be pruned, upon prior approval of the Engineer, but only in accordance with the best practices of arboriculture in respect to the individual species with due regard to their natural form and growlh characteristics. Existing structures within or adjacent to the construction limits that are not to be removed or demolished, shall be protected by the Contractor during his construction. Any private facilities such as house sewer laterals which are disturbed or damaged by the Contractors work, shall be repaired by the Contractor prior to the close of the work day. This repair shall be made in a manner sufficient to restore utility service to that property. C. Embankment Areas: When undisturbed stumps and roots are encountered where the fill depth will exceed 3 feet (91.44cm), the stumps and roots may be left in place provided they do not extend more than 3 inches (7.62cm) above the original ground line. D. Borrow Areas: All stumps, roots and other objectionable matter shall be removed irom the borrow material used for embankment or fill. The borrow area shall be left in a well drained and smooth condition. E. Bac�lling the Site: All trenches, holes, pits, and basement areas resulting from the operations of clearing, grubbing, demolition and removal on the site, shall be backfilled with suitable material placed and ' compacted in conformance with Section 2102.6 entitled °Embankment". ' F. Disposal of Materials: All materials with the exception of those which are designated for salvage or which are used in the embankment in cor�ormance with this specification, shall become the Contractor's property and shall be disposed of by him, outside the project limits. ' G. ftems to be Left in Place: In removing items such as concrete pavements, curbs, curb and gutter, ' sidewalks and similar objects where portions of these objects are to be left in place they shall be removed to ' an existing joint or a new joint, sawed to a minimum depth of 2 inches (5.OScm) or'/. the slab thickness, whichever is greater. This joint shall be to true line and vertical face. Sufficient portions of such items shall ' be removed to provide the proper grade and connection to the new work. ' SECTION 2102 GRADING 2102.1 Scope This section govems the performance of all work required toexcavate, remove, dispose or compact all materials encountered within the limits of the project, at the locations shown on the plans, in accordance with the requirements of applicable Sections of the General Provisions and Covenants, and as provided for in the Special Provisions. 2102.2 Definitions A. Grading: Grading as used herein shall mean the performance of all excavation, embankment, and backfill in connection with the construction of all improvements B. Excavation: Excavation is defined as the removal of materials from the construction area to the lines and grades shown on the plans. Amedcan Publie Works Association Kansas City Metropditan Chapter 2 June 08 1. Unclassified Excavation: Unclassified excavation is defined as the removal of all materiai encountered regardless of its nature. All material excavated will be considered as Unclass�ed Excavation unless the Special Provisions specify Classified Materials. 2. Rock Excavation: Rock excavation is defined as the removal of all rock ledges 6 inches (15.24cm) or more in thickness, and detached rock or boulders having a volume of more than 1'/: cubic yards (1.15 cubic meters) and shale occumng in its natural state, hard and un-weathered. A rock ledge is defined as a conbnuous body of rock which may include thin interbedded seams of shale or other soft materials less than 12 inches (30.48cm) thick. The vertical limit of each ledge shall be defined by interbedded seams of sofl materials 12 inches or more in thickness. The beds of soft interbedded material 12 inches (30.48cm) or more in thickness shall not be included in the measurement for "Rock Excavation" but shall be included in the measurement for "Earth Excavation". 3. Earth Excavatian: Earth excavation is defined as the removal of all material not defined as rock. C. Embankment or Backfill: Embankment or backfill is defined as the placing and compacting of material in the construction area to the lines and grades shown on the plans. 1. Unsuitable Material: Unsuitable material is defined as muck, frozen material, organic materiai, top soil, rubbish, and rock with a maximum dimension greater than 24 inches (60.96cm). 2. Suitable Material: 5uitable material is defined as entirely impenshable with that portion passing the ', No. 40 (425mm) Sieve having a liquid limit not exceeding 40 and a plastic index not exceeding 25, when tested in accordance with ASTM D-423 and D-424, respectively. , a. Rock Embankment: Material for rock embankment shall be free of unsuitable material and shall ' contain, by volume, greater than 10 percent rock or gravel having a maximum dimension greater ', than 3 inches (7.62cm) but not greater than 24 inches (60.96cm). b. Earth Embankment: Material for earth embankment shall be free of unsuitable material and shall, contain by volume, less than 10 percent rock or gravel having a maximum dimension greater than 3 inches (7.62cm). D. Borrow: Borrow is defined as approved material excavated from an area outside of the project limits and required for the construction of the embankment. ' E. Waste: Waste is defined as excavation material not used in the embankment and disposed of outside of the embankment areas. F. Structures: Structures as used herein refers to bndges, culverts, storm sewer and/or sanitary apputenances, retaining walls and similar construction. 2102.3 Construction Details A. The Contractor shall adhere to any and all statutes regarding the notification of utilities pnor to beginning any work within public right-of-way. Relocation or protection of any existing utilities located in street right-of- way shall be governed by Section 1510 and 1511 of the General Provisions and Covenants. The relocation andlor protection of any utility that is shown on the plans, that lies within a utility easement and is , endangered by this construction shall be the responsibility of the Contractor. B. The Contractor shall make every reasonable effort to protect private facilities. These facilities may not be shown on the plans. When these facilities are disturbed or damaged by the work, the Contractor shall make necessary arrangements for repairs to the facilities for continuous service prior to the close of that work day. C. It shall be the responsibility of the Contractor to protect all property Iot comers and control monumentation. Should it be ne�essary to disturb any such monument, whether stake, pin, bar, disk, box, or other, it remains the responsibility of the Contractor to reference such markers prior to removal, reset them, and file such relocations or monumentation documents as the law may require. Any such references, removal, American Public Works Association Kansas City MehopoiRan Chapter 3 June OB replacement and certification of monuments shall be performed by a registered licensed surveyor. A copy of all such certification documents shall be provided to the Engineer prior to final payment. Any monument destroyed or improperly reset by the Contractor may be replaced by the Engineer to the standards required by law at the expense of the Contractor. D. Grading, excavation, and backfilling for all improvements, shall be made to the lines, grades, and cross sections indicated 6y the plans. E. In addition, to any erosion controi measures shown on ihe plans, the Contractor shall schedule and conduct his operation in such a manner and shall provide any necessary control facilities to protect downstream and adjacent properties from pollution, sedimentation, or erosion caused by the grading operations. Any pollution or damage occumng shall be the responsibility of the Contractor. F. During construction, the graded area shall be maintained by the Contractor in such condition that it will be well drained at all times. Roadway ditches, channel changes, inlet and outlet ditches and other ditches in connection with the roadway shall be cut and maintained to the required cross section. All drainage work shall be performed in proper sequence with other operations. All ditches and channels shall be kept free of debris or obstructions. 2102.4 Excavation A. This section governs the excavation for all improvements. B. All suitabie material removed by excavation shall be used as far as practicable in the formation of embankment as required to complete the work. The Contractor shall sort all excavated material and stockpile when necessary, so as to provide suitable materials for embankments. ' C. After removal of the roadway excavation matenal to the required section, all material between lines 1 foot ' (30.48cm) outside of the curbs and within the top 6 inches (15.24cm) of the subgrade shall be compacted to 95 percent of maximum density for the material as defined in Section 2102.6E. D. Rock encountered within the full width of the roadway, toe of slope to toe of slope, shall be undergraded to an elevation of 6 inches (15.24cm) below the finished subgrade elevation. Care shall be taken to avoid overshooting when blasting. Rock shall be removed in such a manner as to leave no excessive water pockets in the surface. E. Areas of undergrading or overbreak in rock between lines 1 foot (30.48cm) outside of the curbs shali be backfilled with spalls, rock fragments or a granular type materiai. Backfill materials shall have a plasticity index not to exceed 10 and a gradation such that at least 50 percent of the material will be retained on the No. 4 (4.75mm) Sieve. 2102.5 Undergrading A. Where materials are encountered which are deemed as unsuitable by the Engineer for use in the work, they shall be removed to the depth and limit as ordered by the Engineer. Areas undergraded shall be backfilled with one of the following materials: B. Rock fragments or spalls. C. A granular type material having a plasticity index not to exceed 1 D and a gradation such that at least 50 percent of the material will be retained on the No. 4(4.75mm) Sieve and not more than 40 percent will pass the No. 10 (2.00mm) Sieve. D. A material meeting the requirements of Section 2102.2C. America� Public Works Association Kansas CHy MetropolMan Chapter 4 June D8 2102.6 Embanlanent A. This section governs embankment for all improvements. The embankments shall be constructed using suitable materials, as herein defined, procured from excavations made on the project site or from borrow areas as required to complete the grading work. B. Starting the Embankmerrt: Where embankments, regardless of height, are placed against hillsides or existing embankments, either of which have a slope steeper that 1 vertical to 4 horizontal, the existing slope shall be benched or stepped in approximately 24 inch (60.96cm) rises as the new fill is brought up in 12 inch maximum (30.48cm) layers or lifts. The material bladed out, the boriom of the area cut into, and the embankment material being placed, shall be compacted to the required density. Material cut out, bladed into place and compacted shall not be measured and paid for directly but will be considered as incidental work. The existing surface upon which embankment material is to be placed shall have all unstable and unsuitable material removed before starting the embankment work. Where embankments 2 feet (60.96cm) or less in depth are to be placed on areas covered by existing pavement, the existing pavement shall be removed and the cleared ground surface shall be compacted to the specified density. Where embankments greater than 2 feet (60.96cm) in depth are to be placed on areas covered by existing pavement, the existing pavement ' shall be broken into pieces no larger than 24 inches (60.96cm) maximum dimension, lefl in place and the ', embankment starred thereon. ' C. Placing Earth Embankment: Earth shall be placed in successive horizontal layers distributed uniformly ' over the full width of the embankment area. Each layer of material shall not exceed 12 inches maximum ' (30.48cm) in thickness (loose state) and shall be compacted to not less than the required density before the ' next layer is placed thereon. As the compaction of each layer progresses, continuous blading, or dozing will be required to level the surface and to insure uniform compaction. Embankment construction shall not be performed when material contains frost, is frozen or is snow covered. D. Placing Earth and Rock Emban{vnent: When earth and stone or rock fragments are mixed in the embankment, all stones or rock fragments exceeding the thickness of the compacted lift shall be disposed of by being incorporated into the embankment outside the limit of the proposed surfaced areas. The , thickness of the layer in these areas may be increased if necessary to accommodate the rocks, but shall not exceed 15 inches (38.10cm) in thickness (loose state). The stones or rock fragments are to be placed so ', there will be no nesting. ', E. Consolidated Rock Embankment: When the excavated material consists predominantly of stone or rock fragments of such size that the material cannot be piaced in layers of the thickness prescribed, such material shall be placed in the embankment in layers having a thickness of the approximate average size of the larger rocks but not to exceed 24 inch (60.96cm). Rocks or boulders too large to permit piacing in a 24 inch (60.96cm) layer shall be reduced in size as necessary to permit placement. Rock shall not be dumped in place but shall be distributed by blading or dozing in a manner to insure proper placement in final position in the embankment. The spalls and smaller stone fragments shali be left on the surface of each layer as formed. Each layer shall be thoroughiy consolidated before the next layer is placed. , The top 12 inches (30.48cm) of the embankment shall not contain material having a maximum dimension greater than 3 inches (7.62cm). The rock fragments or crushed stone shall be well graded to form a dense mass when compacted. F. Compacting the Em6ankment: Before placing any embankment, the surface of the existing ground shall be prepared as heretofore specified, moistened as required, and the top 6 inches (15.24cm) compacted to a density of 90 percent as prescribed by the foilowing paragraph: All embankment shall be compacted to a density of at least 90 percent of the maximum density for the material used as determined by ASTM D-698 and within a tolerance of minus 3 percent and plus 2 percent American Public Works Associa6on Kansas City Metropolitan Chapter 5 June OS of the optimum moisture at maximum density as determined by the Moisture Density Curve obtained. in addition to the above required compaction, the subgrade between lines 1 foot (30.48cm) outside of the curbs and within the top 6 inches (15.24cm) of the subgrade shall be compacted to a density of at least 95 percent of the maximum density for material used as determined by ASTM D-698 and with a tolerance of minus 3 percent and plus 2 percent of the optimum moisture at maximum density as determined by the Moisture Density Curve obtained. All work involved in either adding moisture to or removing moisture from embankment materials to within these moisture limits shall be considered incidental to the completion of the grading operation. G. Moisture — Density Determination: In-place density and moisture content of the embankment will be tletermined by the Standard Method of Test for Density of Soil in Place 6y the 5and-Cone Method, ASTM D- 1556; or by the Rubber Balloon Method, ASTM D-2167; or by Nuclear Methods, ASTM D-2922. 2102,7 Finishing A. In areas where sodding or seeding is proposed, the upper 12 inches (30.48cm) of the surface area shall be ea�th material. The top 6 inches (15.24cm) shall be suitable for sustaining grass. B. Except where other permit or utility work is in progress, the graded surface shall be made free of rock, concrete, and brick, or fragments thereof, or rubbish and shall be finished to the lines, grades, and cross- ' section indicated on the plans, induding shoulder, berm and sidewalk spaces. ' C. The Contractor shall repair any damaged surtace, and shall not use any finishing equipmeni that will leave a , marred surtace. When the subgrade preparation is inciuded as a part of the finishing, the work shall be accomplished according to the requirements of Section 2201 en�tled "Subgrade Preparation", and shall be considered incidental to finishing the grading work. ' 2102.8 Cleanup ' Cleanup shall follow the work progressively and final clean-up shall follow immediately behind the finishing. The contractor shall remove from the site of the work all equipment, tools and discarded materials, and other construction ' items. The entire right-of-way or easement shall be left in a finished and neat condition. Cleanup shall be considered as incidental to the completion of grading work. , SECTION 2103 MEASUREMENT AND PAYMENT 2103.1 Scope , This section covers the methods of ineasurement, and the basis of payment for the furnishing of all labor, equipment, tools and materiais, and for the performance of all related work necessary to complete any construction covered in Section 2100. 2103.2 General Unless spec�cally altered by the contract Special Provisions, the methods of ineasurement and payment will be specified herein. 2103.3 Items Not Listed in the Proposal There will be no measurement or separate payment for any items of work not specifically identified and listed in the Proposal and all costs pertaining thereto will be included in the contract unit prices for other items listed in the ProposaL 2103.4 Methods of Measurement The quan�ties of accepted work will be measured and determined as follows: A. Clearing, Grubbing, and Demolition: American Public Works Associadon Kansas City Metropolitan Chapter 6 June OB 1. Clearing may be listed in the Proposal and measured per acre (hectare) or hundredth part thereof. 2. Grubbing may be listed in the Proposal and measured per acre (hectare) or hundredth part thereof. 3. Demolition may be included as clearing or may be listed in the Proposal as a separate item and measured per each and as such shall include all work as defined in Section 2101.2C. 4. Tree removal may be included in clearing or may be listed as a separate item in 1he Proposal and measured as per each. B. Grading 1. Unclassified Excavation may be listed in the Proposal and measured to determine the quantity in cubic yards (cubic metres) or tenth part thereof. 2. Rock Excavation may be included as Unclassified Excavation or may be listed in the Proposal as a separate item and measured to determine the quantity in cubic yards (cubic metres) or tenth part thereof. No measurement will be made for rock overbreak in excess of 12 inches (30.48cm) below the subgrade elevation. 3. Earth Excavation may be included as Unclass�ed Excavation or may be listed in the Proposai as a separate item and measured to determine the quantity in cubic yards (cubic metres) or tenth part ' thereof. No measurement will be made for embankment performed in rock overbreak areas, where the overbreak is in excess of 12 inches (30.48cm) below the subgrade elevation. ' 4. Embankment may be listed in the Proposai and measured to determine the quantity in cubic yards (cubic metres) or tenth part thereof. ' 5. Undergrading may be listed in the Proposal and measured to determine the quantity in cubic yards ' (cubic metres) or tenth part thereof. 2103.5 Basis of Payment Payment for the quantities of accepted work will be made as follows: A. Clearing, Grubbing, and Demolition: 1. Clearing, grubbing, or clearing and grubbing may be included in the Proposal as separate items or as one item and wiil be paid for by one of the following: ' a. Payment will be made at the contract unit bid price. b. Payment will be made at the contract lump sum bid price. 2. Demolition, if listed as a separate item in ihe Proposal and not included as a part of Clearing, or Clearing and Grubbing will be paid for by one of the following: a. Payment will be made at the contract unit bid price. b. Payment will be made at the contract lump sum bid price. 3. Tree Removal, if listed in the Proposal as a separate item and not included as a part of Clearing, or Clearing and Grubbing will be paid for by one of the following: a. Payment will be made at the contract unit bid price. b. Payment will be made at the contract lump sum bid price. B. Grading: 1. Unclassified Excavation, Rock Excavation, or Earth Excavation may be included in the Proposal as separate items or as one item and will be paid for by of the following: American Public Works Association Kansas Cky Metropoikan Chapter 7 June 08 a. Payment will be made at the contract unit bid price. b. Payment will be made at the contract lump sum bid price. 2. Embankment may be included in the Proposal and will be paid for by one of the following: a. Payment will be made at the contract unit bid price. 6. Payment will be made at the contract lump sum bid price. 3. Undergrading may be listed in the Proposal and will be paid for at the contract unit bid price. American Public Works Association Kaasas City Metropolitan Chapter 8 June 08 � � �HJC Q � RC � r ��roH & �UiN� Rq� LROqO �� � \ � \� � `\ � \ b � / � \\ \ / Q �� c�n oF aivERS��E �� o PROPFRTY �\ . .... / \\ \ I O . �' \\ ` '�. � I EXISTING METAL `�� o W / / Bl11LUING � �� ��.. I � e � w o I Z q � a � PROPOSED 45' X 60' ; '��.. / a $ COMPOUND � � � (REF. ExH161T 2) I l . � � � o y -°- � PROPOSED 250' SELF � �. / ' _ _�_ � _ — — — SUPPORT TOWER — — -- . ' ��:.. o i�� — — �—. _.` � ` � �. I J . . — . . _ . — . _ . — � �'.. FROPERTY LWE—� i537'-11" '���. GRAVEL DRIVE � 0 50' 100' 200' SCALE: 1" = 100' .� � d 9WWestSlhSVeal.Sulte250� l� � MOTOROLA SITEPLAN Auctln, Tezas 78703 {r, �� � e P:512.495.9470 � � � F: 512.495.9473 � P.O. Box 1528 �e'�a� ° Austin, Texas 78767-t528 �' � � TELECOM ,�„�.��am,,,�.�m �� ° RIVERSIDE o�l2sl�o : . . o CBIZ Insurance Servic,es, Inc. Julyt 21, 2010 City of Riverside 2950 NW Vivion Road Riverside, MO 64150 Re: Bond #5082697 - Dirt Work at location shown on the Motorola Site Plan at 4001 ' NW Tremont Trafficway ' To Whom It May Concern: Please use this letter as your authority to date the bonds and power of attorney the same date as the contract. Upon signing of the contract, please advise us of the contract date, or forward us a copy of the dated and signed contract. Thank you for your assistance and please call if you have any questions. Sincerely, � Larry Hudd eston Attorney-in-fact 218 S 7th Street ■ SL Joseph, MO 64501 ■ Ph 816.233.0201 ■ Fx: 816.233.5563 ■ www.cbizcom 11440 Tomahawk Creek Parkway ■ Leawood, Kansas 66211 ■ Ph: 913.234.1000 ■ Fx: 913.234.1140 ■ www.cbiz.com One City Place Drive, Suite 570 ■ St. Louis, MO 63141 ■ Ph: 314.692.2249 � Fx: 314.692.2299 ■ www.cbiz.com EXHgtITC—PERFORIV�ANCEBOND Bond No. 5082697 FOR Tf� FAI��(JI, �'ERFORMANCE of each of:the Eerms and stipulations of the AGRFF.MF.NT $ET'WE�N CTTY OF Rl'VERSIDE AND CONTRACTOR, dated �'�� 2L"' , 2010, designated Contract No. , in every particular, WMI Inc es Principal, and The Oh��Ga���a�t�. Tnnnrance (:omFan� ,� 5�� hereby bind themselves and their respective heirs, executors, administrators, successors, and assigns, nnto the City of R.iverside. M15SOtIrit,lnthepen.alstimof Forty one thousand dollars ($41.000) lawful zmoney of the United Sta.tes, conditioned that iirx the event pri�cipal shall faithfully and properly complete the Work requ'.red by tFie Agreement and perform all of its obligations and duties pursuant to the tenms of the Agreement, including, without limitation, all warranty obligations and dt�ies and includ:x�g those under which Principal.agrees to pay the prevaili.ng hourly rate of wages for each craft or type of worker requized to exeeute the Work in the loealitiy as detenmined by the Departmen: of Laboz and Industrial Relations of Missotai or by final judicial determination pt�suant tc 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 remai.n i.� full force a ad �ffect. Surety hereby stipul.a.tes� and agrees that no chan�e, extension of tizne, alteration or aidition to the terms o� the A�eem�nt or to the Work to be p�fomo.ed thereunder shall in an;� way affect its obligation on this Bond, and it does hereby waive nodce of any such change.. extension of time, alteration or addition to the terms of the A�ee�ment or to the Work. WMI Inc �s�� � ' PRINCIP � By: �,(Signature) R�zZted Namc: �./ f�71'J'!PS �. /� uRC� T'itle: �Gs, Date: Z � Z!o — Zota SURE7Y BY: � ��) � PrintedN&iAlB:T• Huddleston Tifle Attorney ' In Fact Date: 7- �.6- 2oto SU.l2ETY PO��EYt OF ATTORNEY MUST BE A,�"�'ACHED THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. C�RTIFILD CUNY OF POWER OF ATTORNEY 't'l1E OH10 CASUALTY INSURANCE CON9PANY � WEST AMERICAN INSURANCE COMPANY � . � � � � � . � � No.43-170 . . Know A11 Men 6y These Presents. That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Co�poiation, and WES"I� AMERICAN INSURANCE COMYANY, an lndiana Co�poration, pursuant to the nutlaoiity giuntu� by Aiticic III, �Sec�ion 9 0l ihe Code oF Regul.iticins and By-laws of� The Ohi� CasiAalty hism�ancr Compaiiy .ind West Arnerican Insuiance Company; do h�rcby nomiqnte, coiisti�ute and � appoinL Heiiii: A. �Va4ker, Scotf.K. Burnham, Heat6er R, Ha�•qes, Kimbcrly� 2. Lnne , Deborah -0. Crist, t,arr}� Huddlestou, Katldeen . Beamis, Robert W. Kael6i'or�.-Monte Ciddings-.'of' SC. Jospph. NtitSOiEri�audlar Le�wuo�, Kansas its rive and�law(ul agent (s) and attomey ��(s)-in-fact, to make, execu[e, `seal�.and deliver to� and on its 6chz�IFas sutety,_ ancl as its acl av�3 dctid any and-af} BON➢S;--UNDE2iAK1NGS, and RECOGNIZANCLS, not exc�edivg in uny single instance TWENTY MIL6f�N3�2Q D£1fl.I:ARS, e�cluding{:liowever. any bond(s) or midertaking(s)guarauteei�igt}ie}�aymeiatofi�oiesandin�eies;�N�ereon � � And the zxecu[ion of such bonds orundertakmgs i�i�pwsuanae of tliese presen[s, sfi�dl bc us b�ti�in� upon s�iid Cmnpxnies,- and.nmply, lo all � iNents and pwposes, as if they I�ad bee�r-�iu3y-�executed aud apknowledged by tlie �rEgula�lq electcd� ciffice�ir thc CiampAnigs :at iheir administrative �okiices iii Faii�eld, Ohiq.in their own�_propzf pe�sons. � �� The auThority g�anted hereunder supersedes any previous uutha�iry heiztoforeganEed the nbove taalned atiuitiey(s)-m-laci � � � � ln WITNF.SS WHEREOF, the undersrgeed oYticer of die said Tl�e Ohio Cnsualty lusumnce Cbmpanq at�d Wesi Amcnea� Insurancc Company has � hereun�o subscnbed his name and af6xe�d'the CoipQrate Seal of each C��u�pany this 26tli day nf� January, �QIU..� � / / «�� /<' � . . . lp = IY SL\L (,; S!\L� . . . �. � +`� { '� {,� . �C � / �� � �.. ,t�'YMr �J f 'kv� N V! � fp a I `'` T �� � d �� � � J. Timothy D'Earieo, Assislnnl Secretury . . � �i STATE OP OHIO, 7 � � COUNTY OF BUTLER T a� On �his 26th day nf Ja4uary, 2U10 before tha su6sortber, a Notaiy Public of tlie�State of Ohio, in and for the County of Butler, duly commissioii�vl R � and yualificd, came ,1. TimotNy U'Errico, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN _ C d� � INSURANCE COMPANY,�to me peiso��ally knowii to be [he individual and officer desmibed in, and who executed the preceding i»strmnent, and Ue V� V y acknowledgcxl thc cxecuii�ii tif the saine, and being. by me duly swom deposes and says that I?e is the officer� of the Compauies aforesaid, and that tl�e N p 7 . seals alTixed to the pn;cediiig instivment are [ha Corporata Seals of said Companies, attd the said Caipo�ate Seals and Uis sigiiatur¢ as ofticer were d W �� duly�aftixed and subsc�ibcd t�o the saici instivment by the authority anc� direction of diz s�id Corporations. . � . i E m� oc, �� IN T£STIMONY WHEREOF, 1 havc licrcunto sct my fiand and afTixed my Official Szal at the City of 3lamilton, Sta[e of Ohio, the day and year first Q M — � above wiitten. . . . . . . . . C •y ��,,,� . . . , .�' � , O O i �,�, �,rh.��.�.. V n..cn.. � ��j��'n✓ d C —� �.I 3m �d„ � � � Not�ry Public in and for Comity nt Ruller, Sta�e of Ohio �£ C � . . � � My Commission expires August 17, 2013. �� L � �� This powcr of att«mcy is g�anl�.-d unda' and�by au[hoiity of Aiticle III, Section 9 of the Code of Regulalioiv nnd By-Laws oF The 011io Casualty ��. �p d Insurancc Cumpxny and Wwt American Insui fne� Comp�ny, exU'acts ti�om which read: �� � p� �� Ariicle III, S�wtion 9 Apnum�ncnt �t Attorncys-in Fuct. The Utauman o( tl�t Board, Ihe President, any Vi�� Pie.eident. lhe Secretary or .my �� p C.� . Assistant Secretary of the corporalion sFiall be m�d is hueby v��sied.with full puw�er and authonty m appo�nt aitorncys-in-fac[ for. the pwpase oF � 3 �� signing ihe nnme of ihe coiporauon �s sualy to, an� tu cxecutc, attach �hc scal of Ihe coipo�ation io, ackiinwledge and deliver any and .ill bund�, '- y 0 � recognicances, sti'pulations, undetta6ings :oi uUier instruments of sor�lvahip and pnliciew �af inswancc to be given in tavor of any in�fividual, �inn, j d `� � capor.rtion, pa�tneiship, limited liabilily company or�ot6er eutity. or lh� ollicial �cprcticntutiec th�7���f, o� [o.any aounly ur siatc, or any ot4icial boartl N� � V or 6oards of any county or stete, o� ihe Gnited Stutes of Aineiica br ,my ug�ncy lh�reul. or ur t�ny olhcr pulriicztl tiubdivisibn thcrcof . r � <0 C � . . � . . . � M >�� �This insi�ument is�sign�l and,seuled as auEhou�ed'by the follow'rng ie�utution ado�ted by tht Boards t�f Divecic�rs ul llie Cuiripnnies on October � L � � a. � � 3 ?D04; . � _-_.,- ._ . `.� :.. � : . . � �.. .i . . � . . � CO�p 2 V RESOLVED, That the signa{ure oi nny ot9icer ot� the Cump.iny authrn Fz�d undci Aitzcle III, Secti��n 9 of its Cod� o1�:Regulations� aiid B} I ia-s . O t� and die Cmn 1n seal ma be=affixed b� tacsn,nilc ro an ��qiJer�ol .itlbme oi cn lher<uf issuecl on befi�If of ihe Crnu aq �� to m�ke. �exwute_ �e�l V ' - .P�Y Y 3 51 Y PY P 1 �N �nd deliver�{or and on its beI1AIf fls surefy d�iy and at1 bsuids,�undeiiukings �>i M1ier w�itteq�nbligalions in the natme [ti�rcuf,�.to prescrihe Iheir . � F- rzspective dirties and the respectivr 1{nrite �of tl4eir aotl3oritt;'aaad to revoke unysuch appointitn�il. Such c�gnaturzs and se�rl �r��-1l�reby udopred� liy thz � . . Coi�any as origiijal signatin�es and seat aiid shall_ with respect to uny bnnd, undertdking cia vth�v wiitt��i�nbligations m ti�e�natum thereof to kvhic6 it - �. is ahael�ed, he valid and binZfing npnn tlie�Coinpany witli the;samz Rxce mid ifTeu-as though maminlly afhx�d�. � �...� . . � � . �.- C [R l iTlf'.A7'[�� . �. . � . . . � � . I. ll�e uudeisigned Assi�lemL Sec�c�nry c�LThc Ohio Casualty IatiuFtiinw rnm�iany �nd Wcst A�nencun do hercby cmlify �hat�tiie� � foregoing power of a�tomey, llie refeienced By-Lnws of llie Coinpanic; tmd lhe abovc r��iiluliiin of thci� Beards vf Directc�rs nre truc and co��rect copies and are�i�i tull force nnd effect on tl�is dute. .� IN WITNESS �4'HEREOF. I hnve hereunlo set my hand und theseals of ilic Companics this _.. . day c ...._.. .. _.... ., .. ... _.� . � � ` a �� / / ( tL.\L \ � 1LtL �) . . i ������ - ' ( /. �' L�i�. \ ; ; y i . .. . . Assistant SecFetary . � . . E� D— PAYMbNT BOND Band No 5082697 WMI Inc and the CTIY OF RIVERSIDE MISSOURI, have entered into an A�eeme�nt dated �'u �, y 2.( � , 2010, designated ContractNo. WMI Inc � , eS pilnc]lpa�, az�d The Ohio Casualty Insuranr_e f'nm �n , as Siiiety', hereby bind the�m,selveS and their respective heirs, executors, administrators, successors, and assigns, unto the City of Ri�verside, MiSSOUCi, iII the pen21 sum of Forty One Thousand dollars ($41,000) l3wfitl money of the United States, con�iitioned that in the ewent Principal shall pay the prevailing hourly rate �f wages for each cra#t ox type of worker reqnired to e�xecute the 'QVork required by the Agreement i,z� the locality as de termined. by the Department of Labor and Industrial Relarions of Missouri or by final judicia] detexmination pursuant to the provisions of Sections 290.010 to 290.340 and 290.550 thzough 290,580, inelusi�ve, of the Revised Statutes of Missouri, and shall timely pay to the proper pazties a:l amounts due for material, machi.nery, equipment and tools, consumed or used in connecCio:i with the canstivction of such 'Work, and all insurance premiums, workers' compensatiory and all other kinds of insurance, on such Work, and for all labor performed in such VJork whether by Principal, subcontra.ctor, or othorwise, thon this obligation to be void, otb�exwise tc remain in full force and effect, and the same ma,y be sued on at the instance of any subcontractor, material supplier, laborer, mechanic, or other interested pazty, in the name of the City of' Rxverside, to ttae use of such parties, for any bzeach of the considerations hereof Surety he:�eby stipulates and agrees t�at no chango, oxtension of time, alteration or addition to the fierms of the Agreement or to the Wo�ric to he performed thereimder ' shall in any wise affeet its obligation on t�is Bond, and it does hereby waive notice of aay such change, extension of time, alteraticn or addition to the terms of the Agreement or to the Work. WMT Tnr PRINCIP By: 1Lc, , r Pri.nted e: T�r�r� ��� �e c,c1 Title: /2 B S . Date: `7 — 2�� -- 20�� The Ohio Casualty Insurance Company SURETY By: signacure) PrintCdNaine:Larrv Huddleston Title: Attorney In Fact Date: 7 - 2G - �o SURETY P�WER OP AT'TORNEY MUST BE A'ITACHED THIS POWER OF ATTORNEY IS NOT VALID UNLESS I71S PRMTED ON RED BACKGROUN0. CtRIIFIED CDPY OF POW'ER OF ATTORNEY TH@ OHIO CASUAL"I'Y' INSUR.ANCE COMPANY WEST A6IERIGIN INSURA�CE COb7PANY . � . . . . � . . No.43_l70 . Know All� WIar1 by These Present5: Thal THE OHIO CASUALTY INSURANCE CO�IPANY, au Ohiu Coiporatioi�, und WEST AMERICAn' INSURANCG C-QMP�NY, zn hsdiaua CetpoYntion, puisuttnt to t}ie authority gran�ed by Artiole III, Sectiun 9 of lhe Cnde of � Regulations and [iy-taws of'!'he Oliio Casualry Insurance Compmiy and West American Insurance CompAny, di� hereby nominate. cunstilule and appoint Ileidi�A.�Walker; Scott K. Burnham, Hea#her R. Hayqes, Kimberly R. Laue, Deboruh D. Cri51, Lavey Huddleston, Kathleen Beamis, Robert.W. Knelin-�ar--Nlontc Giddings-ol'SL 3oscpi�, Missouri�andlor�Leasvudd, Kansas its (rtu-Mne3:lawful agcnt (s) and attorney (s)-in-fact, to make, execute,� delivea for-and on rts betintf as aui�ty,. aiac� 2s its act anel deecl auy nnd`-al] B03VD5; UNDERTAKNOS, and � REGOGMZANCES, not exceeding in any smgle instance T#�'EfiTY 1111LLION_j$2QO�O,OOQ.00) DOLLARS, excludii�g,fiowever, any bond(s) a undeitaking(s) guaianteeing tke pa�nent pf notes and iute�rest tlier��»� � . And d�e executien of such bairds or-'under[aku�gs in pursua�ice of these presznts, sl�iil1 be as bzuding upnn�said Companicsi �iis"fully and amply, Co aIl . i��tents�and� pu�oses, as if they lrad 6een-duly �executed and'Scknowledged by llx=i'�gulaily �ieated�ofki�e��of the Compunics_ut tlicir udministrative . oflices in Fairfield, (3hio; iix tlieu own p[o}i_erpeisons. � �� � � Tlie aulhonty granted her�undei supe��edc5�-any pitvious a�tthoiYly heretofm�e�gianttd tlie abovenamed attw�iiey(s) m-facL � .� In WYfNLSS W#IERLOF, the undersigned.officer of Ihe sa�d T�e Ohio Casualty Inswance Company and West Ame�iean Inswance Company has hereunto subsciibed his uame aiid attixed"the-Coiporate Seal of this 26t1� day�af'Junoary, 201Dr-� �- .� � � T /� �"' � r � '""V � . . . � . � �. '�O = 6 ��L1L �I �!\L F j .y S � . `; �/ :3) � ��'���31. ° v� t t�.��ks,G+� N N � ��,-/ �� � � � � � � N O. . � . �, t � C d � � � � � � J. Tinaothy R'Errico, Assismnt Secretary 'y � m S7'ATG OP Oi llq 7 C y COUNTY OF BUTLEK � �. � � .� � � T W C C '� i0� � On ihis 26th day of January, 2010 before Ihe subscnber, a Notary P�blic of the State of Ohiq in.ai�d for the County of Butlzr, duly commissioned � � R � �and qualified, came J. TimoYhy D'N:rrico,�ASSistTnt Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN — Q �� INSURANCF, COMPANY me pe�sunally kuow�a to be [!te individual and oTficer described in, and who executed the preceding insr�ument and he V� �; acknowlcdged the execution of the same, and being 6y me duly swom.deposes and says tliat he ia the officer ok the Companies aforzsaid, and ihat the � T (/� �_ s�als aflixcd lo [hc �mcediiig inshument are the Co�poia[e�Seals of safd Companies, and the s��id Capoiate�Saals and his signature ?s oRicer were � Cl W �� � duly affixed and subsc�ibcd to the. said iiisUvment.by�[he authoriry and direction of the said Co�poi�Cions. � � � � E a �� 1N TESTIMONY WHEREOF�, I liavc he�ounto set myliand�and aflixed my Official Seal at tlie Citybf Hatnilton, State ofOhio, ihe Aay and year lirsl a m � y �bu�e w�itten. � .. . � . . ,�. C •y �..�;� � � � � �� p � � y �.. [ '.f.� Q � 1SY�F � .f�l�{.X 'Zf .A.Cl.' � , i�Vf,/�("Ml�.J' J . � � � l t� 1 . � � . � �� � Nntary Public in and for Coun�y oP Butle�; StAte ofOliio �� �� � . � � My Cmnmission expires August 17, 2C113, y R � L O �y This power of a�torn�y �c granted undcr and hy�audiouty of AiYicle III, Section 9 of ihe Cnde nf Regulatians and Ry-law. of The Ohio Cnsualty �� l0 � Insuran�� Comp�iny and Wc.t Am�iic�n Insurancc Comflany, cxtracts from which rcad: p� �� ArlicJc III; S�.v;liun 2 Annoinhncnt r>f Atto�meys-in-Facl. Thc Choinnan o( thc Board, thc Pr�yidcnl, any Vicc-Prctiidcnt, du Sccrctary or any �� p C Assislanl Secretmy of the coiporalion sh�ll 6c and is h�ieby vcstcd will� (uil powcr and auLh�i�iry l�i nppuint auorncys-in-lact tur Ihe�pwpuse ut� �?� �� signing tlie name of the coiporat�un as surety to. and tu excwuie, uttach ihe seal of the emporatiun to, ackuowledee aud deliroer any and nlf bonds, '� d "" recognizances,� stipulntious, undeitakings �or othe�� insumnents oi' suretyship and policies of �insurance to be given in �'avor ol any individual, tiim. >� O t0 '� `' capo�ation, P�rtnership, limited liability eompuny or ad�er enlity, o� th� official represenlalive tE�ereof, or to any county or state, or any pfficial bourd C1 � .� �,�j or boards of any county or state, or th� United S[ares of America ur any �gency thereof, or to aify other political subdivision thereof: �� <6 C . � . . � � . . '. � � > d This insuvmenl is signed andsepled as authori�ed by lhe foUu�tiii� iesu}uGon ndopled by tUe� Boarda oP pu��eti�r, c+i�tEie Comp�inies o�i Ouc�be�� 31, � r tD Q � 200a: � oD Z V RESOLVED, That ilie sigi�'�tut� of a�iy atlice�� of th< Company aud�o�ized wjder Artide 111, Sei;tion 9 of its Co�le oi� Regulatitms and L3y-law; V� : .:md the Company seal may he�afhxed�by tacs3mile to any pciHer ol actm��ey in� cap� the�epf issued on 6ehalf of the Comp�iiy�. to makr, eveiata seal 0 � � �nd deifver for anci on its behalf as surety�any and ati bajti�ls, undeitakings oi �ther w�'rtts:i� o6ligatioiis-in d�c natwr3l�crzal', to pretcrthe� tlieir F- � respective duties�and the respectiae lunrts�of Elieir author�ty;��i�d to revoke any such appoiium��it SucJi si�lFatures and s�:it�re hereliy aclo�ted�hy �die � Company as o�iginal signatures and seal - afld shall, with r�7pect to n��y bond,�urzdei�t�king ��r other writt€n atiligatiiin, m tl�e<natwr thcrenl Eo ir�hicli ir. . � is ztlached; bcvadid �nd binding irpou $�e Gompany with the s<�me force and ef4'eci�as ihouEh �rr,�nually St�ixed. � .. �� � � . . -: _ ( [.R I'tF tL'A I l� � . . . �. � . I, the undersigned Assistttnt Scv;�elary s�f��T��e Ohio Casually G�sue.uice Comp5iry nnd Wesl Ain�erican. fnswance"Cumpany,� do �hereby ceniiy that the loregoing power of attomey, tl�e ieferanced By-Laws of the�Coni�unics"and the above rcsolution.of the�r 6oard� "of Directors are �nie and con�ect copies anc� are in full force and effect on ihis date. � I� WITNESS WH6RfiOF, 1 have I7ereunto set�iny hand andYhe seals ofthe Companies [his . day of � �. �� i� � � ��,�_ � ( ,�,� � ,,, ` / j / / ����L \ -' \ --� . . � . � . . � � i�%��'�'l L ., �;7y-rt�'/ � � . . . . . � � . � Assistmrt Sccrctary . ppTE (MM/DOIYYYY) INS����E ��=s.zo�o = F L�A BILITY p MATTER OF �CERTIFIACATE i :�� TIFICATE � !�� THIS CERTIFICATE IS 15SVED AS ES NOT AMEND, ERTEND �R . 913) pLDER. THIS��E AGE AFFOR�E� BY T E P��ICIES BE�OW• � , • = AC�R� CER ONLY AND 682-813b H 12 FP3[ •� 'f HE COV I NA�� # `� 913)682- 34 ALTER PR�DUCER ( �OVERA�E 36919 giyilly Iasuxanae � INSURERS AFFOR�� Eisst =nsuTanpe 608 DelaWa� St � 0009 � Asnerica gox Kg 66048- ,NSURER n. 9 p • �' iNSURFR e. J,eaveuworth iNSUR=R c � IN9URED uCt1�n � =nC W M = Conatx wsuRea c. 3001 N9Q Flatte �• �NSUa�aE iTF1s7ANDING M p 6915 pERTIFICA7E MAY BE �S OF g U pH gyversi e ESPECT TO WHICH 7H�5 CONDR�� BEEN ISSUED TO THE INSURED NAME� CT 70 ALLTHE TERMS Ex� �SIONS A�� OR OTHER DOCUMENT w�TH R �� COVERAGE �E LISTED BELOW HAVE T10N ��M�TS THE POLIGES OF � OR CONDITION OF ANY CONTRACT $ 1 000 000 pNY REOUIREMENT, MAYHAVE BEEN REDUCED BY PAID CIAIMS. EACH occuRR��cE 100 000 EREIN IS SU CE AFFORDED BYTHE POLICIES DESCRIBED H ppLICY E%P�� THE INSURAN pOLICY EFFECTNE p�AY PERTAIN, p p�icv NUMS�R I A $ pOUCIES. AGGREGATE LIMITS SHO I FREM�SES Ee ocwrrence $ 10 000 i sa o'� � MEO ExP [A�v one persoN p 0 0 000 T II11/4/2010 g 1 I GENERALLIAB II11/A/2009 2 000 000 I PERSONAL & ADV INJURY � . $ COM'��1FRCIAL GENERA � � OCCURIpBP195314� I GENERAL A�GREGAIE z DOO OOO L� � A CLAIMS PAADE �� I I d'1 Ins � � PRODUGTS-COMP�OPAGG $ � X glanket 1id of Sub g elanket waiv I ODO EN'L PGGREGATE ��MiT APPLIES PER. I �QMBINED SING�F L�MIT $ 1 i OO� i .. r POUCY � PR T � LOC (Ea eccldentj pUTOMOBILELIABi�� I 11Ia�QOlO gppILYINJURY IS g aNV nuTO �g53110 I I11/4/2 009 �p p � qLLOWNEDAUT05 � � S�HEDULED AU'OS I BOD:LYINdUR1' $ � �Per acudenry X HIRED P.'JTOS I I � $ NGN-GWNEC P:JTOS I PROPtRTY D.4MAGE $ � � (Psr acctCenp AUTO ONLY - EA ACCIDENT S OT APBLICABLE EAACC S 6qRpGE LIABILIN OTHER THAN � � AUTO ONLY� AGG $ ANY AUTO 1 OOO DOO � EAC OCCUR RENCE � $ !--- � ' E%CESSIUMBRELLALIABILIN I AGGREGATE $ � CCCUR � CLAIMS MAGE � �_ $ - � lii/4/2o09 ii/a/2oia � ��� py , DEDUCT!BLE 01953110 $ � X, R:TENTION $ X 7pRY L MITS ER �� A WORKERSCOMPENSA � AN� EMPLOYERS' LIABILT' E.L EACH ACCIDENT $ �JOO OOO �� ANV P�70PR�ErORA'A'nTNER1EY.E�UT'VE ❑ �JOO OOO OFFICERIMEnpgEREXCLUDE07 1953110 11�4�2009 11�4�2010 E1.DISEASE-EAEMPLOYE $ (Mendatory In NH) E L DISEASE - POLICY LIMIT $ SOO OOO � Ify es, tlescnbe untler � SPECIAL PROVISIpNS below Ort+ER 150 , 000 Leased/Rented Equip Bp1953140 11�4�2009 11/4/2010 � DESCRIP7ION OF OPERATIONB f LOCATIONS 1 VEHICLES I E%CLUSIONS AO�ED BY ENOORSEMENTI SPECIAL PRONSIONS - Project: Motorola Site Plan, 4001 NW Txemont Traificway CERTIFICATE HOLDER CANCELLATION (816) 746-8349 SHOUL�ANYOFTHEA60VEDESCRIBEDPOLICIES6ECANCELLEDBEFORE7HEE%PIRA770N City of Riverside OATE THEREDF, THE ISSUING INSURER`MLL ENDEAVORTO MRIL 3 � DAVS WRITTEN TSaViS HOOVET NOTICETOTHECERTIFICATEHOLDERNAMEO70TNELEFT,BUTFAILURE 2950 NW V1V10II A03d IMPOSE NO OBLIGATION OR LIABIL�TY OF ANY KIND UPON THE INSURER, IT8 0.GENT3 OR Riverside, MO 64150 REPRE9ENTATVE3. AUTFiORIZEDREPRESENTATIVE -- �- �� �. Susan Putman/SUSAN "�C�;�*—. �'�-`�'���-�—.•K-' _.._.. # ACORD 25 (2009l01) p 1988-2008 ACORD CORPORATION. All rights reserved. INS025 raocscn TheACORD name and /ogo 8�e �BgYBtB�Bd /02fkS O�ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s}. DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) INS025 �zaaea�; WORK AUTHORIZATION AFFIDAVIT STATE OF � �sSe-u�� ) ) SS. ` COUNTY OF �) �-�� ) I, L�/�i /o7L�/'�h , state the following under oath: 1. I am the �°/'./'� �/ 1"'G� of /� i ��n��i"l[��1Uh li� ("Contractor") and have authority to m e this Affidavit on behalf of Contractor. 2. I make this Affidavit in connection with a contract ("Contract") between the City of Riverside, Missouri, and Contractor for a construction project referred to as « �/�i� r n�dr4/� -��r)er „ 3. I have personal knowledge of the facts stated in this Affidavit. 4. In this Affidavit, the terms "federal work authorization program," "employee," "knowingly," and "unauthorized alien" have the same meanings as they do in Section 285.530.2 " of the Revised 5tatutes of Missouri. 5. Contractor is enrolled in a federal work authorization program and sha11 continue to participate in the program with respect to the employees working in wnnection with the services covered by the Contract. 6. Contractor does not and shall not knowingly employ any person who is an unauthorized alien in connection with the services covered by the Contract. 7. Attached to this Affida�it is documentation of Contractor's enrollment in a federal wark authorization program with respect to the employees who will work in connection with the services covered by the Contract. i„�O� ���� / Signature „�r�.� ��rcti Printed Name Subscribed and sworn to before me this ��day of ,��� " NOTARY SEAL " , Robin L. Littrell, Notary Public Ray County, State of Missouri otary Public ; My Commission Expires 3/3/2011 �'� Commission Number 07390831 / /f � �' �� �� My commission expires: � a � � '��� Work Authorization �davit