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HomeMy Public PortalAboutORD13926 • BILL NO. 2005-65 SPONSORED BY COUNCILMAN Ferguson and Harvey ORDINANCE NO. 132,4P AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LEHMAN CONSTRUCTION LLC FOR CDBG PROJECT ON PINE, CHESTNUT, AND E. HIGH STREETS. WHEREAS, Lehman Construction LLC has become the apparent lowest and best bidder on the CDBG Project on Pine, Chestnut, and E. High Streets; BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Lehman Construction LLC is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute • an agreement with Lehman Construction LLC for CDBG Project on Pine, Chestnut, and E. High Streets, Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Sec Ion 4. This Ordinance shall be in full force and effect from and after the date of Its passage and approval. G `Passed: "4J, S, I P siding Officer Mayor A EST: r APP VEDAS TO RM: l� • .Gyl `� ?�l�lrZl� GJ .� City CI rk City Counselor • FINANCE DEPARTMENT • PURCHASING DIVISION SUBJECT: Bid 2242 -CDBG Project(Pine, Chestnut and E. High Streets) Project No. 32080 Community Development, Opened August 23, 2005 BIDS RECEIVED: Lehman Construction, California, MO $ 272,934.00 Concrete Engineering, Jefferson City, MO $ 290,797.50 *JC Industries, Inc.,Jefferson City, MO $ 292,716.00 Don Schnieders Excavating,Jefferson City, MO $ 332,396.20 *Not within the corporate city limits of Jefferson City. FISCAL NOTE: 1000-1900-1980-0060 1000-1900-1980.0070 Entitlement Grant Public Improvement Entitlement Grant Neighborhood Redevelop. 2004-2005 Budget $ 200,000.00 2004-2005 Budget $ 280,000.00 • Expended 36,516.61 Expended 1,545.00 Encumbered -0- Encumbered -0- Bid 2242 $ 163,483.39 Bid 2242 $ 109.450.61 Balance $ -0- Balance $ 169,004.39 PAST PERFORMANCE: Lehman Construction, LLC has completed projects satisfactorily in the past, Staff believes the company will complete this project as specified and bid. RECOMMENDATION: Staff recommends award of the bid to Lehman Construction, LLC of California, Missouri for this project at a total cost of$272,934.00. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation Signature Purchasi g nt t • Vie' aon MMUNITY CEVELCPMENT Memorandum emc c.euuwup ac:oumros 320 East McCarty Street • Jefferson City, Missouri 65101 Phone: (573) 634-6410 . Fax (573) 634-6562 •www.jeffcitymo.org 1 Date: August 23,2005 To: Terry Stephenson-Purchasing Agent,Finance From: Gene Williams—Engineering Division Director Re: CDBG Project(Pine, Chestnut,and E. High Streets) Project No. 32080,Bid No.2242 Public Works has completed a review of the bids opened at 1:30 PM on August 23, 2005 for the above noted project, As part of the review all the bids were tabulated to check for math errors and 10 compare unit price quotes of the various contractors. Attached to this memo Is the tabulation of the four(4)bids that were received for the project. Based on our review, we recommend acceptance of the base bid from the low bidder Lehman J Construction LLC., 603 Russellville Road, California, MO 65018. The total bid total is $272,934.00. The project will be expensed as follows: Lehman Construction LLC. Contract($272,934.00): Account Number: Amount Available: Required: Remaining- 1000-1900-1980-0060 $163,483.39 $163,483.39 $0.00 1000-1900-1980-0070 $110,000.00 $109,450.61 $549.39 TOTAL $272,934,00 If you need any other information please feel free to contact me at extension 547. 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SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 32080 CDBG Project (Pine, Chestnut, and E. High Streets) 7 I ' Jefferson City Department of Community Development ' August, 2005 1 • 1 ' TABLE OF CONTENTS • Advertisement for Bids ' 0 Notice to Bidders • Information for Bidders • Bid Form ' 0 Bid Bond • Anti-Collusion Statement ' ' 0 Contractor's Affidavit ' ' 0 Minority Business Enterprise Statement • Minority Business Utilization Agreement ' • Affidavit of Compliance with Prevailing Wage Law ' • Prevailing Wage Determination ' Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification ' Construction Contract ' Performance, Payment, and Guarantee Bond • General Provisions ' a Special Provisions ' 0 Technical Specifications • Summary of Civil Rights Laws, Executive Orders and Regulations ' 9 Attachments ' Addendums ( If Any ) • (' INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 ' ADVERTISEMENT FOR BIDS 1 • Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, August 23, 2005. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 32080, CDBG Project (Pine, Chestnut, and E. High Streets)"will Include the furnishing of all material, labor, and equipment to reconstruct 450 feet of roadway and 250 feet of alley including concrete ' cantilever retaining walls, curb and gutter, sidewalk, and stormwater pipe with inlet structures. ' A pre-bid conference will be held at 10:00 AM, on Tuesday, August 16, 2005 In the Small Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO ' 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from ' the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00)will be required for each set of plans and specifications. Individual full size sheets of the plans may be • obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the ' payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. ' The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON ' (e y St h on r � ' Purchasing Agent ' Publication Date Sunday, August 7, 2005 1 • ' • NOTICE TO BIDDERS ' Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 PM on Tuesday,August 23, 2005. ' The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work for the project entitled "Project No. 32080, CDBG Project(Pine, Chestnut, and E. High Streets)" will include the furnishing of all material, labor, and equipment to reconstruct 450 feet of roadway and 250 feet of alley including concrete ' cantilever retaining walls, curb and gutter, sidewalk, and stormwater pipe with Inlet structures. ' A pre-bid conference will be held at 10:00 AM, on Tuesday, August 16, 2005 in the Small Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, ' specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. ' • Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00) will be required ' for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal, ' A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein ' to determine which Is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI 1 ' Patrick E. Sullivan, PE Director of Community Development 1 1 INFORMATION FOR BIDDERS • I13-1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all technical personnel,labor, materials,and equipment required to perform the work Included in the project entitled"Project No. 32080, CDBG Project (Pine, Chestnut, and E. High Streets)" in accordance with the plans and specifications on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and ' equipment to reconstruct 450 feet of roadway and 250 feet of alley including concrete cantilever retaining walls, curb and gutter, sidewalk, and stormwater pipe with Inlet structures. ' I8-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. ' I8-3 INTERPRETATION OF CONTRACT DOCUMENTS • If the bidder has any questions which arise concerning the true meaning or Intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid ' opening,that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been Issued. All addenda issued shall become part of the contract documents. Failure to have requested an ' addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the Intent of the Plans and Specifications to provide a workable project. 1 IB-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such Investigations as deemed necessary to determine the ' ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder falls to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. IB-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design,subject to the approval • of the City. I8-6 BID SECURITY ' • Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. IB-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. ' All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. ' Extensions of quantities and unit prices shall be carried out to the penny. ' IB-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature Involved ' • in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and ' direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. 1 IB-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding Is to be received on a unit price basis, the ' quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each Item and calculate his unit price bid for each Item accordingly. Bids will be compared on the basis ' of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. 1 ' IB-10 LUMP SUM ITEMS ' • Payment for each lump sum item shall beat the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials,tools and equipment to construct the Item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 32080, CDBG Project(Pine, Chestnut,and E. High Streets)". I8-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best Interest of the City will be used. 1 I8-13 WITHDRAWAL OF BIDS ' If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. ' No bids received after the time set for opening for bids will be considered. • IB44 RIGHT TO REJECT BIDS The City reserve the right to reject any or all bids,to waive any informality in the bids received, ' or to accept the bid or bids that in its judgement will be in the best Interests of the City of Jefferson. IS-16 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community ' Development and to execute the Contract and to furnish the required Performance and Payment Bonds and insurance,properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit, 18-16 PERFORMANCE AND PAYMENT BOND ' A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A ' form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing ' licensed to do business in the State of Missouri and acceptable to the City of Jefferson. IS-17 INDEMNIFICATION AND INSURANCE • The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. ' The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. I8-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection priorto such time,in which case the amount of the deposit will be refunded by the City. I8-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. ' IB-20 PREVAILING WAGE LAW • The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See ' Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year ' from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. ' Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the ' date of installation thereof. • if within ten days after the City gives the Contractor notice of defect, failure, or abnormality of • the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or ' adjustments itself or order the work to be done by a third party,the costs of the work to be paid by the Contractor. ' In the event of an emergency where, In the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. I8-23 WORK SCHEDULE ' To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible Interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his ' proposed construction procedure,stating the sequence in which various operations of work are to be performed. ' • IB-24 CONTRACT TIME The contract time shall be 94 calendar days. ' IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete,should the project not be completed within the contract time. ' IB-26 POWER OF ATTORNEY Attomeys-In-fact who sign bid bonds or contract bonds must file with each bond a certified and ' effectively dated copy of their power of attorney. I8-27 BID PACKET ' Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. ' if forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: 1 . Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 1 For the convenience of bidding this project, a "BID PACKET" has been Included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet Include the following: 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT i 1 END OF INFORMATION FOR BIDDERS i i � i 1 i i 1 1 1 � i 1 ' BID FORM Name of Bidder U f{f1Q C�a=. c-21��1�� LLC AddressofBidder G 2�lSS�I t l�tl t_ c 7 C/ ,►t ^r ^tlai 110__ C�'�l To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 ' THE UNDERSIGNED BIDDER,having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all ' addenda thereto;and being acquainted with and fully understanding(a)the extend and character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of ' existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other ' installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary ' handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation,hauling,and rail delivery facilities;and(I)all otherfactors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials,supplies, equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not ' guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described In the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for ' needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: Page 1 of 2 CITY OF JEFFERSON • ITEMIZED BID FORM CDBG PROJECT(PINE, CHESTNUT, AND E. HIGH STREETS) PROJECT NO. 32080 ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT cu 1 Traffic Control and Construction Signage LS 1 2 Removals LS 1 tb , (JL ' d �p,OOCs° ' 3 Earthwork LS 1 'c i�=,nLO 1 O 4 Rock Excavation CY 73 t Q5 #`1 I�-:�do 5 Structural Concrete CY 106 fi =45f3` ay -7 r CLC�' 6 Solid Modular Block Wall SFF 268 ' 7 Solid Block Wall Cap LF 53 �-t `=' a Z\) cc 8 4'x 3'Type A Inlet EA 1 'k 7000, -4 3Cf`f `s ' 9 6'x 3'Type A Inlet EA 1 A-'O'-0.9 ns cG 10 4'x 4'Junction Box EA 1 at ' • 11 4'x 2.5'Grated Inlet EA 1 -A31 L-60 -S ';�&5c 12 18"Dia.RCP Class III LF 30 fC`(Cc9 (� 13 18"Dia.HDPE LF 58 •�� �y � Ol(oG� 14 24"Dia.HDPE LF 178 55 t4 ,7q0 I15 Temporary Surfacing TON 200 tE \E? Page 2 of 2 • ITEM APPROX. UNIT ' NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 26 6"PCC Sidewalk Ramps SY 97 k r_o ' 27 Stair Handrail LF 47 iti�C`� �� • -�C 28 4'Chaln Link Yard Fence LF 210 11420'25 ECG 29 Seeding and Mulching AC 0.10 tt t& zC`' (—C_O 30 Short Term Erosion Blanket SY 350 t1 t- 4 a O coo ' TOTAL BASE BID W 2~/ �.�q. /1O ALTERNATE A•CONCRETE PAVEMENT, PINE STREET ' 31.01 Reduce AC Base TON (228) "3tco0C c3 oa 31.02 Reduce AC Surface BP 1 TON (53) 31.03 6" C Pavement SY 638 �` 1(• 3, C/.;�J�C�' TOTAL ALTERNATE A ' 1 .�'�� CGS• Sign re of r - Date 1 • li ' • SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he s all list them. 'TI C Ee Tmice CD - (?Amu we ' TIME OF COMPLETION The undersigned hereby agrees to complete the project within 94 calendar days, ' subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid Is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested ' in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into;and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. ' • The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or fumish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time ' thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: Lust-twv came �x noa It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of b F - ".F • MAJ '- My+ova r Dollars (cashier's check), make payable to the City of Jefferson. 1 • i ' Signature of Bidder: ' • If an individual, doing business as ' if a partnership member of firm. by I(tCE peas focvT If corporation, ' by Title ' SEAL ' • Business Address of Bidder 19c3 —eC'l Et huts y 0 TOAXr , C AA a MkOIA 146vs-00;n loS"�141, ' If Bidder is a corporation, supply the following information: State in which incorporated Name and Address of its: ' President Secretary Date da'�IKTs 1 . 1 1 1 1 • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Lehman Construction, L_L_C_ ---------------------as Principal, 1 and United Fire&Casualty Compay as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, In the penal sum 1 of Five Percent of Amount Bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this 23rd day of 2005 ' The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter Into a contract in writing, for the project entitled: "Project No. 32080, CD8G Project(Pine,Chestnut,and E. High Streets)" 1 NOW, THEREFORE, (a) it said Bid shall be rejected, or in the alternate, 1 (b) if said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance 1 • of said contract, and for the payment of all persons performing labor or fumishing materials In connection therewith,shall in all other respects perform the agreement created by the acceptance of said Bid, ' then this obligation shall be void,otherwise the same shall remain in force and effect;It being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such 1 extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first sat forth above. 1 Lehman C n ruction,LLCtl Principal By; SEAL Unite Fire&Cas ally Com a • Kris L. ennelt, ttorneylnn--Fact i 1 1 ' • ACKNOWLEDGMENT BY SURETY STATE OF Mlasouri 1 ss. County of Cole On this 23rd day of August 2005 , before me personally appeared Kris L. Bennett known lo, me to be ttte Allorncy-in-Fact of United Fire&Casualty Company the corporation ' that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scat,at my office in the arares+id Count,, the day and year in this certificate first above written. Y.. �af�- Notary Public i the State of Missouri • (Seal) County of Osage ' JANET HASLAG NOTARY Pt111LIC-NOTARY SEAL STATE OF MISSOURI COUNTY Or OSAGE IAy Commission Erpires: October 10,20tlfi 1 -023WOEEF IOM9 1 HOME OFFICE-CEDAR RAPIDS,IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE&CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having Its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint .LOUIS A. LANDWEHR, OR CHARLES E. TRASUE, OR KRIS L. SENNETT, OR BEV J. BACKERS, ALL INDIVIDUALLY Of .JEFFERSON CITY HO ';. Its true and lawful Attomey(s)-In-Fact with power and authority hereby.conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory Instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE 8,CASUALTY COMPANY thereby as fully and to the same extent as If such Instruments were signed by the duly authorized officers of UNITED FIRE&CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted Is continuous and shall remain in full farce and effect until revoked by UNITED FIRE& ' CASUALTY COMPANY. This power.of Attorney is made and executed pursuant to and by authadly of the following By-Law duly adopted by Board of Directors of the Company on April l8, 1973. "Article V-Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. 'The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-In-fact to act In behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certlficatlon of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth In their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such Instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at ' any time revoke all power and authority previously given to any attomey-in-fact. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by CN4 Its vice pre sident and Its corporate seal to be hereto affixed this 19th day of October, 2003 • UNITED FIRE&CASUALTY COMPANY ' Byf Vice President. State.of Iowa, County of Linn, ss: ' On 19th day of October, 2003, before me personally came Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he Is a Vice President of the UNITED FIRE&CASUALTY COMPANY, the corporation described In and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said Instrument is such corporate seal;that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hl ame thereto pursuant to like authority, and acknowled es same to be the act and deed of said corporation. •�' 00 PATTI WADDELL ' COMMISSION NOYMR 71.1Z7� Nita rt' U 10 . • • MY COMMISSION EXPIRES My CommIe510n expires: 10/26/2007 ' l, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney.and affidavit, and the copy of.the Section of the by-laws of said Company as set forth In said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said odglnals, and that the said Power of Attorney has not been revoked and is now In full force and effect. in testim3orny.whereof I have hereunto subscribed myOnS me and affixed the corporate seal of the said Company. ♦ this rid day of 20_. ' ` wtroturc y Ei1L •, .. I � � Secretary BOND0019 0002 01 I JNITED FIRE&CASUALTY COMPANY I] UNITED LIFE INSURANCE COMPANY ' .is Second Avenue, S.E„ Post Office Box 73909 Cedar Rapids, Iowa 52407 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may ' contact our company at the address and phone number below: United Fire & Casualty Company ATTENTION: Bond Department P.O. Box 73909 Cedar Rapids, Iowa 52407 800-343-9130 1 ' PH: 319.399.5700 FAx:319399.5499 ANTI-COLLUSION STATEMENT • ' STATE OF 114ACOC ) ' COUNTY OF HE K A.- j ' V" %` being first duly sworn, deposes and says that he is It~ �1 _ �T of ' TITLE OF PERSON SIGNING 1, �titn�ty C_o�`°ct rlfl�v LLO- NAME OF BIDDER that all statements made and facts set out in the bid for the above project.are true and correct; and that the bidder (the person, firm, association, or corporation making said ' bid)has not, either directly or indirectly,entered into any agreement, participated In any collusion, or otherwise taken any action in restraint of free competitive bidding In connection with such bid of any contract which result from its acceptance, Affiant further certifies that bidder is not fi n nancial) ?erested In, orfinancially aff iliated ' • with, any other bidder for the above project, (BY) ' (BY) ' Sworn to before me this rcl day of �\!LAOyt 200`- . Ab rULlEWZLUV Nwxy Public-NowySad STATE mcniOum� NOTARY PUBLIC MY CoratuWan Expiru:Mm 13,20M My commission expires; CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. 1 STATE OF I"IISS��}}Z1 j COUNTY OF �� Qi�l"� 1_� ss ' The undersigned, X14 L T-01 -lknll of lawful age, being first duly swom states upon oath that he is ' NO.M11 `�ESi DEN- -► of the contractor submitting the attached bid, that he knows of his own knowledge and ' • states It to be a fact that neither said bid nor the computation upon which It is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid t persons who are not required ' to furnish material or actually perform services u 6nlbr as a part of the proposed project. AFFIANT Subscribed and swojn to before me, a Notary Public, in and for the County and State aforesaid, this ! �day of i4{ . 20-c-5 lnv rySeal OW� t-A AM d0- URt NOTARY PUBLIC y n.13,2008 My Commission Expires; 3- t 3 - loci 1 r MINORITY BUSINESS ENTERPRISE STATEMENT Contractors bidding on City contracts shall take the following affirmative steps to assure that small, women owned,and minority business are utilized when possible as sources of suppliers, services, and construction items. 1. Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid submissions. ' Z Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. ' 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. A. Qualified small, women owned, and minority business will he solicited whenever they are potential sources. ' 5. When economically feasible, Contractors will divide total requirements Into smallertasks or quantities so as to permit maximum small, women owned, and ' • minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules ' which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least two (2) % of the contract, if awarded,for Minority Business Enterprise(MBE). For purposes of this goal,the term "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women, ' or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and ' 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: ' 1. Black(a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, orthe Caribbean Island,regardless of race); • 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of ' the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)). i 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. ' Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. ' B. The bidder must indicate the Minority Business Enterprise(s) proposed for • utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation Total Bid Amount: Total: ' Percentage of Minority Enterprise Participation:-% C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be fumished by the i City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) It intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE ' Coordinator. D. The undersigned hereby certified that he or she has read the terms of this ' agreement and is authorized to bind the bidder to the agreement herein set forth. ' k<woq E OF AUTH D OFFICER ' DATE ATU ' OF AUTHORIZED OFFICER ' • AFFIDAVIT ' COMPLIANCE WITH PREVAILING ' WAGE LAW ' Before me, the undersigned Notary Public, in and for the County of State of personally came and appeared NAME POSITION ' of the NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and Including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and ' there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 12, Section 026, Cole County In carrying out the contract and work in connection with Project No. 32080, CDBG • Project (Pine, Chestnut, and E. High Streets) located at Jefferson City in Cole County, Missouri, and completed on the day of 20_. ' SIGNATURE Subscribed and sworn to me this day of 20_ ' NOTARY PUBLIC My commission expires: ' STATE OF MISSOURI ss COUNTY OF ) 1 • Missouri Division of Labor Standards WAGE AND HOUR SECTION ' f THe s T� 0 4, qa ' J1y ry cc �O `L •par 1b ' MATT BLUNT, Governor Annual Wage Order No. 12 Section 026 ' COLE 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 objections 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 9 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of ' State of Missouri. ' Original Signed by Colleen A. White, Director Division of Labor Standards ' This Is A True And Accurate Copy Which Was Filed With Secretary of State: March 9.2005 Last Date Objections May Be Filed: April H.2005 1 • Prepared by Missouri Department of Labor and Industrial Relations 1 Building Construction Rates for REPLACEMENT PAGE Section 026 . , COLE County e ive Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker $27.24 55 60 $11.96 ' Boilermaker $27.69 57 7 $16.42 Bricklayers-Slone Mason $25.16 59 7 $8.86 Carpenter 3105 $20.48 60 15 $8.91 Cement Mason $18.91 9 3 $10.10 ' Electrician Inside Wiremen $25.64 1 28 7 $10.03+ 13% Communication Technician JUSEELE CTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $34.065 26 64 $13.241 Operating Engineer ' Group 1 5105 $24.07 86 66 $14.53 Group II 5/05 $24.07 86 66 $14.53 Group III 5105 522.82 86 66 $14.53 ' Group III-A 5105 $24.07 86 66 $14.53 Group IV 5105 $24.77 86 66 $14.53 Group V 5/05 $26.07 86 66 $14.53 PI a Fitter 7/05 b $30.50 1 91 89 1 $17.18 , Glazier $13.00 FED $1,84 Laborer(Building): General $17.22 110 7 $8.08 , First Semi-Skilled $19.22 110 7 $8.08 Second Semi-Skilled $18.22 110 7 $B.08 Lather USE CARPENTER RATE Linoleum Layer&Cutter USE CARPENTER RATE • , Marble Mason $25.16 59 7 $8.86 Millwright 3105 $21.48 60 15 $8.91 Iron Worker $22.33 11 8 $13.91 Painter $20.50 18 7 $6.37 , Plasterer 1 $17.97 94 5 $9.85 Plumber $21.50 FED $3.27 Pile Driver 3/05 $21.48 60 16 $8.91 ' Roofer $24.25 12 4 $8.31 Sheet Metal Worker 7/05 $24.16 40 1 23 $10.54 Sprinkler Fitter $15.25 FED $2.38 Terrazzo Worker $25.16 59 7 $8.86 ' Tile Setter $25.16 59 7 $8.86 Truck Driver-Teamster Group 1 $20.10 101 5 $6.75 Grout)11 $20.80 101 6 $6.76 ' Group III $20.50 101 5 $6.75 Group IV 1 1 $20.80 101 5 $6.76 Traffic Control Service Driver Welders-Acetylene&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. "Annual Incremental Increase • ' *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.12 7105 ' 1 1 Building Construction Rates for REPLACEMENT PAGE Section 028 COLE County Footnotes Effective Basic ver. OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 Welders receive rate prescribed for the occupational(life performing operatlon to which welding Is Incidental. Use Building Construction Rates on Bullding(s)and All Immediate Attachments.Use Heavy Construction rates for.remainder of project. For the occupational titles not listed In Heavy Construction Sheets,use Rates shown on Butlding Cotlsimetion Rata Sheat. a-Vacation: Employees over 5 years-8%; Employees under 5 years.6% ' 'b- All work over 33.5 Million Total Mechanical Contract•$30.50,Fringes-$17.18 All work under$3.5 Million Total Mechanical Contract•S29.16,Fringes-$13.08 1 ' 'Annual Incremental Increase ANNUAL WAGE ORDER NO,12 7105 COLE COUNTY OVERTIME.SCHEDULE ' BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 '/2)shall be paid for all work in excess of forty • , (40)hours per work week. NO.9: Means the regular workday saving time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)maybe moved forward to 6:00 am.or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one ' and one-half(I%:)times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight(8) hours shall constitute a day's work, with the starring time to be established between 7:00 a.m. and 8:00 a.m. ' from Monday to Friday. Time and one-half(1'h)shall be paid for first two(2) hours of overtime Monday through Friday and the first eight(8)hours on Saturday. All other overtime hours Monday through Saturday shall be paid of double(2)time rata Double(2)time ' shall be paid for all time on Sunday and recognized holidays or tike days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, Inclusive of each week. All work performed by employees anywhere in excess of forty(40)hours in one(1)work week,shall be paid for at the rate ' of one and one-half(i'/t)times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(I%l) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO.118-. Means the regular work day shall be eight(8)hours. Working hours are front six(6)(tours before Noon(12:00)to six(6)hours ' after Noon (12:00). The regular work week shall be forty(40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m.and 6:00 p.m.on Friday. Saturday will be paid at time and one-half(I%:). Sunday and Holidays shall be paid , at double(2)time. Saturday can be a make-up day if the weather has forced a day of,but only in the week of the day being lost. Any time before six(6)hours before Noon or six(6)hours after Noon will be paid at time and one-half(I%,). NO.26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 a.m,,and 5:00 p.m.,five(5)days per • ' week,Monday to Friday,Inclusive. Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays,Sundays and before and after the regular working day on Monday to Friday,Inclusive,shall be classified as overtime,and paid for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day workweek , at straight time pay for construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 a.m. and 6:00 p.m., four(4) days per week, Monday to Thursday, Inclusive. Any work performed on Friday, Saturday, Sunday and holidays,and before and after the regular working tiny 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.28: Means eight(8) hours between 7:00 a.m.and 5:30 p.m., with at least a thirty (30)minute period to be taken for lunch, shall ' constitute a day's work five(5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten(10)hour days(4.10's)provided: -The project must be for a minimum of four(4)consecutive days. ' -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If holiday falls in the middle of week,then the regular eight(8)hour schedule may be Implemented). ' -Anytime worked in excess of any ten(10)hour workday(fn a 4-10 hour work week)shall be at the appropriate overtime rate. All work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(11h)times the employees regular rate of pay. All work performed front 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall be ' paid at double(2)the straight time hourly rate of pay. Should employees work in excess of twelve(12)consecutive hours they shall be paid double time(2X)for all time after twelve(12)hours. Shift work performed between lire hours of 4:30 p.m.and 12:30 am.(second shift)shall receive eight(8)hours pay at the regular hourly rate of pay plus ten(10%)percent for seven and one-half(7'/:)hours work. Shift work performed between the hours of 12:30 a.m,and 8:00 a.m.(third shill)shall receive eight(8)hours pay at the regular hourly , rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch period of tldny(30)minutes shall be allowed on each shift. All overtime work required Oiler the completion of a regular shift shall be paid at one and one-half(I'/2)times the shift hourly rate. • 1 ANNUAL WAGE ORDER NO. 12 ANY 12026 OT.dac Page I of Pages , , 1 1 COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION 1 • NO. 33: Means the standard work day shall be eight (8) consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch period, or shall conform to the practice on the job site. Four(4) days at ten (10) hours a day may be worked at straight time,Monday through Friday and need not be consecutive. All overtime,except for Sundays and holidays shall be at the rate of time and one-half(1%a). Overtime Worked on Sundays and holidays shall be at double(2)time. 1 NO.40: Means the regular working week shall consist of five(5)consecutive(8)hour days'labor on the job beginning with Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular workweek. The regular working day shall consist of eight(8)hours labor on tlic job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rote. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half(]'/a)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve 1 (12)hours during the regular wotking day shall be paid at two(2)times the regular hourly rate, in the event of rain,snow,cold or excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be designated as a"make-up"day, for an employee who has missed a day of work for personal or other reasons. Pay for"make-up"days shall be at regular rates. 1 NO.55: Means the regular work day shall be eight(8)hours between 6:00 a.m.and 4:30 p,m. The first two(2)hours of work performed In excess of the eight(8)hour work day,Monday through Friday,and the first ten(10) hours of work on Saturday,shall be paid at one& one-half(I%) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10)hours a day, 1 Monday through Saturday,shall be paid at double(2)the straight 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 1 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 ofeight(8)hours,Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half 1 • (1%2)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.59: Means that except as herein provided,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per week 1 shall constitute a week's work. All time worked outside of the standard eight(8)hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(11/2). All time worked on Sunday mid holidays shall be classified as overtime and paid at the rate of double(2)time. The Employer has the option of working either five(5)eight hour days or four(4)ten hour days to constitute a normal forty(40)hour work week. When the four(4)ten-hour work week is in effect,the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p,m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, Inclusive. In the event the job Is down for any reason beyond the Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten(10)hours or forty(40)hours per week. 1 When the five day(8)hour work week is in effect, forty (40) hours per week shall constitute n week's work, Monday through Friday, Inclusive. In the event the job Is down for any reason beyond the Employer's control,then Saturday may.at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8)hours or forty(40) hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m. or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to 1 holidays. 1 1 i ANNUAL WAGE ORDER NO. 12 1 AW1202607rdoc 11age 2 or4 Pages 1 COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION , 7NO. 60: Means the Employer shall have the option of working five 8-hour days or four IO-irour days Monday through Friday. If an • ' Employer elects to work five 8-hour days during any work week,hours worked more than eight(8)per day or forty(40)per week shall be paid at time and one-half(1'h)the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty(40)(tours,Monday through Friday,or any part thereof by reason of inclement weather(rain or mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. It is agreed by the parties that the make-up , day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days, between the hours of 6:30 a.m.and 6:30 p,nt.in any week,work performed more than tell(10)hours per day or forty(40)hours per week shall be paid at time and one half(1'/:)the hourly wage rite plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather,the Employer may work ten(10)hours on Friday to straight time, Friday must be scheduled for no , more than ten(10)hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1'h)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for at time and one-half (I IA)the regular Millwright hourly wage rate plus fringe benefits. The regular ' work day starting of 8;00 a.m.(and resulting quitting time of 4:30 p,m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. All work accomplished on Sundays and recognized Iholidnys,or days observed as recognized holidays,shall he compensated for at double(2)the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. ' NO.96: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 a.m,and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one(tour. However,the Employer may have the option to schedule his work week from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all ' hours in excess of ten(10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control,inclement weather or holiday,he shall have the option to work Friday at the straight time rate of pay to complete his forty(40)hours. If an employee declines to work Friday as a make-up day,he shall ' not be penalized.All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'h)of the hourly rate plus an amount equal to one-half('/,) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shnll be paid at double(2)the hourly rate plus an umount equal to the hourly Total Indicated Fringe Benefits. NO. 91: Means eight(8)hours shall constitute a day's work commencing at 8:00 a.m, and ending at 4:30 p.m„allowing one-half('/:) • , hour for lunch, The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m.and 9;00 a.m, The regular workweek shall consist of forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4) ten(10)hour days from Monday through Thursday,with Fridny as a make-up day. If the make-up day[so holiday,the employee shall be , paid at the double(2)time rate, The employees shall be paid time and one-half(1%,)for work perforated before the regular starting time or after the regular quitting time or over eight(8)hours per work day (unless working a 10-hour work day,then time and one-half(i%:)is paid for work performed over ten(10)hours a day)or over forty(40)hours per work week, Work performed on Saturdays,Sundays and ' recognized holidays shall be paid nt the double(2)time role ofpny. NO.94: Means eight(8)hours shall constitute it days work hervccn the hours of 8:00 a.m.and 5:00 p.m. The regular workday starting time of 8:00 am.(and resulting quitting tittle of 4;30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9;00 am. All , work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(I%:)times the regular pay. In the event time Is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Means that except as provided below,eight(8)hours a day shall constitute a standard work doy,and forty(40)hours per week ' shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time nttd one-half(142)(except as herein provided). All time worked on Sunday ' and recognized holidays shall be classified as overtime and paid at the rate of double(2)time. The regular starting time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 am.or delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5)eight-hour days or four(4)ten-hour days to constitute a nomhal forty(40)hour work week. When a four(4)ten- hour day work week is in effect,the standard work day shall be consecutive ten(10)hour periods between the hours of 6:30 a.m.and 6:30 , p.m, Forty(40)hours per week shall constitute a week's work Monday through Thursday,inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten(10)hours per day or forty(40)hours per week. Starting little will be designated by fhc employer. When the five (5) day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, 1 inclusive. In the event the Job is down for any reason beyond the Employers control,then Saturday may,at the option of the Employer,be worked as a make-up day; straight time not to exceed eight(8) hours per day or forty (40) hours per week. Make-up days shall not be • utilized for days lost due to holidays, , ANNUAL WAGE ORDER NO. 12 A W I2 026 0TAoc Pare 3 of 4 Pages ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • NO. 110: Means eight(8)hours between the hours of 8:00 a.m.and 4:30 p.m.shall constitute a work day. The starting time may be advanced one(1)or two(2)hours. Employees shall have a lunch period of thirty(30)minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a,nr.on Monday and shall end at 4:30 p.m,on Friday(or 5:00 p.m,on Friday If the Employer grants a lunch period ' of one(1)hour),or as adjusted by starting time change as stated above. All work performed before 8:00 a.m.and alter 4:30 p.m.(or 5:00 p.m.where one(1)hour lunch Is granted for lunch)or as adjusted by starting time change as stated above or on Saturday,except as herein provided,shall be compensated at one and one-half(I%,)times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work performed. If an Employer Is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (min and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an ' Employer elects to work five(5)eight (8)hour days during any work week,hours worked more than eight(8)per day or forty(40) hours per week shall be paid at time and one-half(I Ys)the hourly rate Monday through Friday. If an Employer elects to work four(4) ten(10)hour days in any week,work performed more than ten(10)hours per day or forty(40)hours per week shall be paid at time and one-half(1%,) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to Inclement weather,they may work ten(10)hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(10)hours at the straight time rate,but all (tours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(I%,)overtime rate. 1 1 • ANNUAL WAGE ORDER NO. 12 AW 12 026 OT.doc Page 4 of4 Pager COLE COUNTY , HOLIDAY SCHEDULE—BUILDING CONSTRUCTION • NO.3: All work done on New Year's Day, Decoration Day,July 4th, Labor Day,Veteran's Day, ' Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, ' Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. Ifany ofthe above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO.5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor , Day, Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double(2)time rate of pay. NO.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 holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. ' NO.8: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day,and Christmas Day,or the days observed in lieu of these ' holidays, shall be paid at the double time rate of pay. NO. 15: All work accomplished on the recognized holidays of New Year's Day, Decoration Day • , (Memorial Day), Independence Day(Fourth of July), Labor Day, Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday, it ' shall be observed on the preceding Friday. If holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmas Day, Decoration Day or Independence Day except to preserve life or property. ' NO. 19: All work done on New Year's Day, Memorial Day,July 4th, Labor Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. The employee may take off ' Friday following Thanksgiving Day. However,the employee shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday,the following Monday shall be considered the holiday and ' all work performed on said day shall be at the double(2)time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered the holiday and all work performed on said day shall be at the double(2)time rate. ' NO.23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following ' Monday shall be considered a holiday. NO.54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, , Veteran's Day,Thanksgiving Day,the Friday atler 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. 1 2 nwo+z oze anoi rosy+of rpse: 1 ' COLE COUNTY • HOLIDAY SCHEDULE—BUILDING CONSTRUCTION ' NO.60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration Day(Memorial Day), Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. NO.66: All work performed on Sundays and the following recognized holidays,or the days ' observed as such,of New Year's Day,Decoration Day, Fourth of July, Labor Day,Veteran's Day, Thanksgiving Day and Christmas Day,shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO.69: All work performed on New Year's Day, Decoration Day,July Fourth,Labor Day, Veteran's Day,Thanksgiving Day or Christmas Day shall be compensated at double(2)their ' straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also be holidays,but if the employer chooses to work these days,the employee will be paid at straight- time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on ' the following Monday. 1 • 1 1 ' ANNUAL WAGE ORDER N0. 12 AW012 026 BIlol iwc 2 or2 iwes 1 Heavy Construction Rates for REPLACEMENT PAGE Section 026 • ' COLE County' *Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' CARPENTER Journeymen 5/05 $25.48 7 16 $8.89 ' Millwright 5/05 $25.48 7 16 $8.89 Pile Driver Worker 5/05 $25,48 7 16 $8.89 OPERATING ENGINEER , Group 1 5/05 1 $23.15 21 5 $14.45 ' Grou II 5/05 $22.80 21 5 $14.45 Group III 5/05 $22.60 21 5 $14.45 Group IV 5/05 $18.95 21 5 $14.45 , Oiler-Driver 5/05 $18.95 21 5 $14.45 LABORER ' General Laborer 5/05 $21.77 2 4 $7.78 ' Skilled Laborer 5/05 $22.37 2 4 $7.78 TRUCK DRIVER-TEAMSTER ' Group 1 5/05 $23.67 22 19 $7.50 Group II 5/05 $23.83 22 19 $7.50 ' lGroup III 5/05 $23.82 22 19 $7.50 Grou IV 5/05 $23.94 22 19 $7.50 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the ' Building Construction Rate Sheet. 1 'Annual Incremental Increase ANNUAL WAGE ORDER NO. 12 ' 7/05 ' t 1 ' COLE COUNTY • OVERTIME SCHEDULE—HEAVY CONSTRUCTION ' NO.2: Means a regular workweek shall be forty(40) hours and will start on Monday and end on Friday. The regular workday shall be either eight(8)or ten (10)hours. If a crew is prevented from working forty(40) hours Monday through Friday, or any part thereof, by reason ' of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00 a.m. However,the project starting time may be advanced or delayed if required. If workmen are required to work the enumerated holidays or days observed as such or ' Sundays, they shall receive double (2)the regular rate of pay for such work. NO. 7: Means the regular work week shall start on Monday and end on Friday,except where the Employer elects to work Monday through Thursday,ten (10) hours per day. All work over ten ' (10) hours in a day or forty(40) hours in a week shall be at the overtime rate of one and one-half (1'/2)times the regular hourly rate. The regular work day shall be either eight(8)or ten (10) hours. if a job can't work forty (40)hours Monday through Friday because of inclement weather ' or other conditions beyond the control of the Employer. Friday or Saturday may be worked as a make-up day at straight time(if working 4-10's). Saturday maybe worked as a make-up day at straight time(if working 5-8's). Make-up days shall not be utilized for days lost from holidays. ' Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(I%2) times the regular rate. Work performed on Sunday shall be paid at two(2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the ' • double(2)time rate of pay. NO.21: Means the regular workday for which employees shall be compensated at straight time ' hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. However,the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer,when working a five(5) day eight(8) hour schedule, Saturday ' may be used for a make-up day. If an Employer is prohibited from working on a holiday, that employer may work the following Saturday at the straight time rate. However, the Employer may have the option to schedule his work from Monday through Thursday at ten (10) hours per ' day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. If an ' Employer is prohibited from working on a holiday,that Employer may work the following Friday or Saturday at the straight time rate. Overtime will be at one and one-half(I%2)times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, ' or Sundays,they shall receive double(2)the regular rate of pay for such work. NO.22: Means a regular work week of forty (40)hours will start on Monday and end on Friday. ' The regular work day shall be either eight(8)or ten(10) hours. If a crew is prevented from working forty (40)hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. ' Employees who are part of a regular crew on a make-up day,notwithstanding the fact that they may not have been employed the entire week,shall work Saturday at the straight time rate. For • all time worked on recognized holidays,or days observed as such, double(2)time shall be paid. ' ANNUAL WAGE ORDER NO. 12 A\V0120261101' I'agc I of II'oges COLE COUNTY ' HOLIDAY SCHEDULE—HEAVY CONSTRUCTION NO.4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving • , Day,Christmas Day,or days observed as such,shall be paid at the double time rate of pay. When a holiday falls on a Sunday, Monday shall be observed. NO.5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor ' Day,Thanksgiving Day and Christmas Day. 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.No work shall ' be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8)hours toward a forty(40)hour week;however, no reimbursement for this eight(8)hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days ' observed as such, or Sundays,they shall receive double(2)the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week.The ten (10)hours shall be applied to the forty(40)hour work week. ' NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the ' following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction.This rule is applied to protect Labor Day.When a holiday falls during the normal work week.Monday through Friday,it shall be ' counted as eight(8)hours toward the forty(40)hour week;however, no reimbursement for this eight(8)hours is to be paid to the worker unless worked. If workers arc required to work the above recognized holidays or days observed as such,they shall receive double(2)the regular rate of pay for such work. • , NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the ' following Monday. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8)hours toward the forty(40) hour week;.however, no reimbursement for this eight(8)hours is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays, or ' days observed as such, they shall receive double(2)the regular rate of pay for such work. AW012 HIM ANNUAL WAGE ORDER NO. 12 Page I of I Pages • OUTSIDE ELECTRICIAN These rates are to be used for the following counties: Adair,Audmin,Boone,Callaway,Camden,Caner,Chariton,Clark,Cole,Cooper,Crawford,Dent,Franklin, ' Gasconade,Howard,Howell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Monies,Marion,Miller,Monitcau, Monroe,Montgomery,Morgan,Oregon,Osnge,Perry,Phelps,pike,Pulaski,Pumnnt,Rolls,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington COMMERCIAL WORK Occupational Title Basic Total ' Hourly Fringe Rate Benefits ' Journeyman Lineman $29.68 $450+41.3% Lineman Operator $26.58 $4.50+41.3% Groundman $21.03 $4.50+41.3% ' OVERTIME RATE:Eight(8)hours shall constitute a work day between the boors of 7:00 a.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the ' 9th and i0th hour,Monday through Friday,shall be paid at time and one-half(]%:)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1%:)the regular straight time rote of pay between the hours of 6:00 am,and 5:30 p.m.,Monday through Friday.Work performed outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at ' • the rate of double(2)time. HOLIDAY RATE:All work performed on New Years Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas pay,or days celebrated as such,shall be paid at the double time rate of pay. When one of ' die foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. UTILITY WORK Occupational Title Basic Total Hourly Fringe ' Rate Benefits Journeyman Lineman $29.35 $4.50+37.3% ' Lineman Operator $25,34 $4.50+37.3% Groundman $19.59 $4.50+37.3% OVERTIME RATE:Eight(8)Hours shall constitute a work day between the Hours of 7:00 a.m.and 4:30 p.m.Forty ' (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(i%)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(I%:)the regular straight time rate of pay between the hours of6:00 am,and 5:30 p,m.,Monday through Friday. Worked performed in the first eight(8)hours on Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. ' HOLIDAY RATE:All work perforated an New f'ear's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, • Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of die foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. ' ANNUAL WAGE ORDER NO. 12 3105 otrrsTLAwt_tim ' WAIS Document Retrieval Page ] of 32 GENERAL DECISION: M020030001 08/19/2005 M01 • Date: August 19, 2005 General Decision Number: M020030001 08/19/2005 Superseded General Decision Number: M0020001 ' State: Missouri Construction Types: Heavy and Highway Counties: Missouri Statewide. ' HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 06(13(2003 ' 1 04/02/2004 2 04/16/2004 3 06/04/2004 4 06/11/2004 5 07/23/2004 6 08/06/2004 7 09/24/2004 ' 8 11/12/2004 9 11/19/2004 10 12/24/2004 11 12/31/2004 • 12 01/28/2005 13 03/11/2005 14 04/01/2005 15 04/08/2005 ' 16 04/15/2005 17 04/22/2005 18 04/29/2005 ' 19 05/06/2005 20 05/13/2005 21 06/10/2005 22 06/1712005 ' 23 06/24/2005 24 07/08/2005 25 07/29/2005 ' 26 08/19/2005 ASBE0001-002 10/04/2004 Rates Fringes Asbestos Worker/Heat and Frost Insulator Includes appplication of all insulating materials, protective coverings, ' coatings and finishes to all types of mechanical • systems. Also the application of ' firestopping material for wall openings and http://frwebLate.access.gpo,gov/cgi-bintgetdoc,cgi?dbnume=Davis-Bacon&docid=MO200... 8119/2005 WAIS Document Retrieval Page 2 of 32 ' penetrations in walls, , floors, ceilings and curtain walls. . . . . . . . . . . . . . .$ 28.79 11.96 • ------------------------------ -_- CARP0007-008 04/01/2001 , CASS (Richards-Gebauer AFB ONLY) , CLAY, JACKSON, PLATTE AND RAY COUNTIES , Rates Fringes Carpenters: ' CARPENTERS & PILEDRIVERS. . . .$ 25.50 6.88 CARPOOOB-003 05/04/2005 ST. LOUIS COUNTY AND CITY Rates Fringes ' Carpenter. . . . . . . . . . . . . . . . . . . . . .$ 29.77 8.67 ---------------------------------------------------------------- CARPOO11-001 05/01/2002 ' Rates Fringes Carpenter and Piledriver , ADAIR, KNOX, PUTNAM, . SCHUYLER AND SULLIVAN COUNTIES. . . . . . . . . . . . . . . . . . . .$ 23.63 6.99 • , ATCHISON, ANDREW, BATES, CALDWELL, CARROLL, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HENRY, , HOLT, LIVINGSTON, MERCER, NODAWAY, ST. CLARR, SALINE AND WORTH COUNTIES. . . . . . . . . .$ 22.53 6.74 AUDRAIN (East of Hwy.19) , ' BALLS, MARION, LEWIS, CLARK AND SCOTLAND COUNTIES.$ 24.03 7.56 AUDRAIN (West of Hwy 19) , , BOONE, COOPER, HOWARD. . . . . . .$ 23.63 6.99 BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, ' TANEY, VERNON, WEBSTER AND WRIGHT COUNTIES. . . . . . . . .$ 22.18 6.74 BENTON, MORGAN AND PETTIS ' COUNTIES. . . . . . . . . . . . . . . . . . . .$ 22.33 6.99 BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MISSISSIPPI, NEW MADRID, ' PEMISCOT, PERRY, STE. GENEVIEVE, SCOTT, STODDARD • AND WAYNE COUNTIES. . . . . . . . . .$ 24.56 7.18 BUCHANAN, CLINTON, JOHNSON AND LAFAYETTE COUNTIES. . . . .$ 23.18 6.74 , http://frwebgate.access.gpo.gov/cgi-bin/gctdoe.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 '' WAIS Document Retrieval Page 3 of 32 ' CALLAWAY, COLE, MILLER, MONITEAU, OSAGE. . . . . . . . . . . . .$ 23.63 6.99 • CARTER, HOWELL, OREGON AND RIPLEY COUNTIES. . . . . . . . . .$ 23.64 7.18 CHARITON, LINN, MACON,MONROE, RANDOLPH AND SHELBY COUNTIES. . . . . . . . . . . . .$ 23.63 6.99 CRAWFORD, DENT, GASCONADE, IRON, MADISON, MARIES, MONTGOMERY, PHELPS, PULASKI, REYNOLDS, SHANNON ' AND TEXAS COUNTIES. . . . . . . . . .$ 23.88 7.56 FRANKLIN COUNTY. . . . . . . . . . . . .$ 25.93 7.56 JEFFERSON AND ST. CHARLES COUNTIES. . . . . . . . . . . . . . . . . . . .$ 28.44 7.56 ' LINCOLN COUNTY. . . . . . . . . . . . . .$ 25.54 7.56 PIKE, ST. FRANCOIS AND WASHINGTON COUNTIES. . . . . . . . .$ 24.59 7.56 WARRENCOUNTY. . . . . . . . . . . . . . .$ 25.93 6.56 ELEC0001-002 06/01/2005 ' BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, FRANKLIN, IRON, JEFFERSON, LINCOLN, MADISON, MISSISSIPPI, NEW MADRID, PEMISCOT, PERRY,REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS, ' ST. LOUIS (City and County) , STE. GENEVIEVE, SCOTT, STODDARD, WARREN, WASHINGTON AND WAYNE COUNTIES Rates Fringes • Electrician. . . . . . . . . . . . . . . . . . . .$ 31.60 18.07 -__---------------------------------------------'__'------------ ELEC0002-001 09/01/2004 ' ADAIR, AUDRAIN, BOONE, CALLAWAY, CAMDEN, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, FRANKLIN, GASCONADE, ' HOWARD, HOWELL, IRON, JEFFERSON, KNOX, LEWIS, LINCON, LINN, MACON, MARIES, MARION, MILLER, MONITEAU, MONROE, MONTGOMERY, MORGAN, OREGON, OSAGE, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, HALLS, RANDOLPH, REYNOLDS, RIPLEY, ST, CHARLES, ST. FRANCOIS, ' ST. LOUIS (City and County) , STE. GENEVIEVE, SCHUYLER, SCOTLAND, SHANNON, SHELBY, SULLIVAN, TEXAS, WARREN AND WASHINGTON COUNTIES ' Rates Fringes Line Construction: Groundman Equipment Operator$ 26.58 4.25+41.30t Groundman, Groundman Driver.$ 21.03 4.25+41.301 Groundman-Winch Driver. . . . . .$ 22.84 4.25+41.301 Lineman and Cable Splicer. . .$ 29.68 4.25+41.304 1 ELEC0053-004 08/27/2000 ' Rates Fringes • Line Construction: ANDREW, ATCHINSON, BARRY, BARTON, BUCHANAN, CALDWELL, .CEDAR, CHRISTIAN, http://frwcbgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 4 of 32 , CLINTON, DADE, DALLAS, , DAVIESS, DE KALB, DOUGLAS, GENTRY, GREENE, GRUNDY, • HARRISON, HICKORY, HOLT, JASPER, LACLEDE, LAWRENCE, , LIVINGSTON, McDONALD, MERCER, NEWTON, NODAWAY, OZARK, POLK, ST, CLAIR, ' STONE, TANEY, VERNON, WEBSTER, WORTH, AND WRIGHT COUNTIES. Groundman Powderman. . . . . . . .$ 18.69 7.37 , Groundman. . . . . . . . . . . . . . . . . .$ 17.30 6.98 Lineman Operator. . . . . . . . . . .$ 25.41 9.30 Lineman. . . . . . . . . . . . . . . . . . . .$ 26.75 9.69 BATES, BENTON, CARROLL, ' CASS, CLAY, HENRY, JACKSON, JOHNSON, LAFAYETTE, PETTIS, PLATTE, , RAY, AND SALINE COUNTIES. Groundman Powderman. . . . . . . .$ 19.45 7.59 Groundman. . . . . . . . . . . . . . . . . .$ 18.49 7.31 ' Lineman Operator. . . . . . . . . . .$ 25.97 9.46 Lineman. . . . . . . . . . . . . . . . . . . .$ 27.80 9.99 ------------------------------------------- BLEC0095-001 06/01/2004 ' BARRY, BARTON, CEDAR, CRAWFORD, DADE, JASPER, LAWRENCE, MCDONALD, NEWTON, ST CLAIR, AND VERNON COUNTIES Rates Fringes • ' Electricians: Cable Splicers. . . . . . . . . . . . . .$ 20.90 8.59+8t ' Electricians. . . . . . . . . . . . . . . .$ 20.55 8.59+8k ------------------------------- ELEC0124-007 08/30/2004 BATES, BENTON, CARROLL, CASS, CLAY, COOPER, HENRY, JACKSON, , JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY AND SALINE COUNTIES: ' Rates Fringes --Electrician-----s: $ 3223 13.98 ------------------- - - ------------ ------- ' ELECO257-003 03/01/2005 AUDRAIN (Except Cuivre Township) , BOONE, CALLAWAY, CAMDEN, ' CHARITON, COLE, CRAWFORD, DENT, GASCONADE, HOWARD, MARIES, MILLER, MONITEAU, OSAGE, PHELPS AND RANDOLPH COUNTIES ' Rates Fringes Electricians: ' Cable Splicers. . . . . . . .$ 26.64 13.383 Electrician----, .--,---------------------------------------. $ 25.64 13 383 • --------50--------------- + ELEC0350-002 12/01/2004 ' http://frwebgate.access.gpo,gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&doeid=M0200... 8/19/2005 ' ' WAIS Document Retrieval Page 5 of 32 ' ADAIR, AUDRAIN (East of Highway 19) , CLARK, KNOX, LEWIS, LINN, MACON, MARION, MONROE, MONTGOMERY, PIKE, PUTNAM, BALLS, • SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES ' Rates Fringes Electrician. . . . . . . . . . . . . . . . . . . .$ 25.30 11.62 ' ELECO453-001 09/01/2001 Rates Fringes ' Electricians: CHRISTIAN, DALLAS, DOUGLAS, GREENE, HICKORY,HOWELL, LACLEDE, OREGON, OZARK,POLK,SHANNON, WEBSTER AND WRIGHT COUNTIES— . . . . . . .$ 20.85 5.37+10* PULASKI AND TEXAS COUNTIES. .$ 25.50 5.37+10t STONE AND TANEY COUNTIES. . . .$ 14.45 4.97+10t _________'_--_____-"_-_-_-_-_________________--_________- ' ELECO545-003 06/01/2004 ANDREW, BUCHANAN, CLINTON, DEKALB, ATCHISON, HOLT, MERCER, GENTRY, HARRISON, DAVIESS, GRUNDY, WORTH, LIVINGSTON, NODAWAY, ' AND CALDWELL COUNTIES Rates Fringes • --Electricians: . . . . . . .__. . . . .i. . .$ 29.02 33 -------------------- ----- ---------------------- - ELEC0702-004 01/01/2005 ' BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MADISON, MISSISSIPPI, NEW MADRID, PEMISCOT, SCOTT, STODDARD AND WAYNE ' COUNTIES Races Fringes ' Line Construction: Groundman - Class A. . . . . . . . .$ 18.81 4.50+26t Groundman Equipment Operator (all crawler type equipment D:4 and larger) . . .$ 27.02 4.50+26% Lineman. . .$ 32.83 4.50+26t ------------------^--------------------------------------------- ' ENGI0101-001 05/01/2005 ANDREW, ATCHISON, BATES, BENTON, BUCHANAN, CALDWELL, CARROLL, CHARITON, CLINTON, COOPER, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HENRY, HOLT, HOWARD, JOHNSON, LAFAYETTE, LINN, LIVINGSTON, MERCER, NODAWAY, PETTIS, SALINE, SULLIVAN AND WORTH COUNITES ' Rates Fringes • Power equipment operators: ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.55 9.45 GROUP 2. . .$ 24.15 9.45 http://frwebgate.access,gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 6 of 32 , GROUP3. . . . . . . . . . . . . . . . . . . . .$ 22.15 9.95 , POWER EQUIPMENT OPERATORS CLASSIFICATIONS • GROUP 1: Asphalt roller operator, finish; asphalt paver and , spreader; asphalt plant operator; auto grader or trimmer or sub-grader; backhoe; blade operator (all types) ; boilers - 2; booster pump on dredge; bulldozer operator; boring , machine (truck or crane mounted) ; clamshell operator; concrete mixer paver; concrete plant operator; concrete pump operator; crane operator, derrick or derrick trucks; ditching machine; dragline operator; dredge engineman; ' dredge operator; drill cat with compressor mounted (self-contained) or similar type self- propelled rotary drill (not air tract) ; drilling or boring machine , (rotary-self-propelled) ; finishing machine operator; greaser; high loader-fork lift-skid loader (all types) ; hoisting engineer (2 active drums) ; locomotive operator (standard guage) ; mechanics and welders (field and plants) ; ' mucking machine operator; pile drive operator; pitman crane or boom truck (all types) ; push cat; quad track; scraper operators (all types) ; shovel operator; sideboom cats; side discharge spreader; skimmer scoop operators; slip form ' paver operator (CMI, Rex, Gomeco or equal) ; Is tourneau rooter (all tiller types) ; tow boat operator; truck crane; wood and log chippers (all types) . ' GROUP 2: A-frame truck operator; articulated dump truck; back filler operator; boilers (1) ; chip spreader; churn drill operator; compressor; concrete mixer operator, skip • ' loader; concrete saws (self-propelled) ; conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor (all attachments) ; fireman rig; ' float operator; form grade operator; hoisting engine (one drum) ; maintenance operator; multiple compactor; pavement breaker, self-propelled hydra-hammer (or similar type) ; paymill operator; power shield; pumps; roller operator ' (with or without blades) ; screening and washing plant; self-propelled street broom or sweeper; siphons and jets; straw blower; stump cutting machine; siphons and jets; tank car heater operator (combination boiler and booster) ; ' welding machine; vibrating machine operator (not hand held) ; welding machine. GROUP 3 : Oiler; oiler driver; mechanic. ' HOURLY PREMIUMS: THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .25) ABOVE ' GROUP 1 RATES Dragline operator - 3 yds. & over; shovel 3 yde. & over; clamshell 3 yds. & over; Crane, rigs or piledrivers, 1001 of boom or over (incl. jib.) , hoist each additional active drum over 2 drums , THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .50) ABOVE GROUP 1 RATE: Tandem scoop operator; crane, rigs or , piledrivers 1501 to 2001 of boom (incl. jib.) THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .75) ABOVE • GROUP 1 RATE: Crane rigs, or piledrivers 200 ft. of boom ' or over (including jib.) http://frwebgate.access.gpo.gov/cgi-bin/gctdoc.cgi?dbname=Davis-Bacon&docid=MO200... 8119/2005 ' WAIS Document Retrieval Page 7 of 32 ---------------------------------------------------------------- ENGI0101-005 04/01/2005 • CASS, CLAY, JACKSON,PLATTE AND RAY COUNTIES Rates Fringes Power equipment operators: ' GROUP 1. . .$ 26.49 10.77 GROUP2. . . . . . . . . . . . . . . . . . . . .$ 25.45 10.77 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 20.98 10.77 ' GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.33 10.77 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt roller operator, finish; asphalt paver and spreader; asphalt plant operator; auto grader or trimmer or sub-grader; backhoe; blade operator (all types) ; boilers-2; ' booster pump on dredge; boring machine (truck or crane mounted) ; bulldozer operator; clamshell operator; concrete cleaning decontamination machine operator; concrete mixer paver; concrete plant operator; concrete pump operator; ' crane operator; derrick or derrick trucks; ditching machine; dragline operator; dredge engineman; dredge operator; drillcat with compressor mounted (self-contained) or similar type self propelled rotary drill (not air ' tract) ; drilling or boring machine (rotary - self-propelled) ; finishing machine operator; greaser; heavy equipment robotics operator/mechanic; horizontal • directional drill operator; horizontal directional drill locator; loader-forklift - skid loader (all types) ; hoisting engineer (2 active drums) ; locomotive operator (standard guage) ; master environmental maintenance mechanic; mechanics and welders (field and plants) ; mucking machine operator; piledrive operator; pitman crane or boom truck (all types) ; push cat; quad-track; scraper ' operators (all types) ; shovel operator; side discharge spreader; sideboom cats; skimmer scoop operator; slip-form paver (CMI, REX, Gomaco or equal) ; la tourneau rooter (all tiller types) ; tow boat operator; truck crane; ultra high ' perssure waterjet cutting tool system operator/mechanic; vacuum blasting machine operator/mechanic; wood and log chippers (all types) ' GROUP 2: "A" Frame truck operator; articulated dump truck; back filler operator; boilers (1) ; chip spreader churn drill operator; concrete mixer operator, skip loader; ' concrete saws (self-propelled) ; conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor (all attachments) ; fireman rig; float operator; form grader operator; hoisting engine (1 drum) ; maintenance operator; multiple compactor; pavement breaker, self-propelled hydra- hammer (or similar type) ; power shield; paymill operator; pumps; siphons and jets; stump cutting machine; tank car heater operator (combination ' boiler and booster) ; compressor; roller operator (with or • without blades) ; screening and washing plant; self-propelled street broom or sweeper; straw blower; tank ' car heater operator (combination boiler and booster) ; vibrating machine operator (not hand held) ' http;//fiwcbgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 8 of 32 , GROUP 3: Oilers , GROUP 4: Oiler Driver (All Types) • FOOTNOTE: ' HOURLY PREMIUMS FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($.25) ABOVE GROUP 1 RATE: ' Clamshells - 3 yd. capacity or over; Cranes or rigs, 80 ft. of boom or over (including jib) ; Draglines, 3 yd. capacity or over; Piledrivers 80 ft. of boom or over (including jib) ; ' Shovels & backhoes, 3 yd, capacity or over. ---------------------------------------------------------------- ENGI0101-022 05/01/2005 , BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER AND ' WRIGHT COUNTIES and CITY OF SPRINGFIELD Rates Fringes Power equipment operators: ' GROUP1. . . . . . . . . . . . . . . . . . . . .$ 21.37 8.30 GROUP2. . . . . . . . . . . . . . . . . . . . .$ 21.02 8.30 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 20.82 8.30 , GROUP4. . . . . . . . . . . . . . . . . . . . .$ 18.77 8.30 POWER EQUIPMENT OPERATORS CLASSIFICATIONS • , GROUP 1: Asphalt finishing machine & trench widening spreader; asphalt plant console operator; autograder; automatic slipform paver; backhoe; blade operator - all ' types; boat operator - tow; boilers-2; central mix concrete plant operator; clamshell operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching , machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader; hoisting engine - 2 , active drums; launch hammer wheel; locomotive operator; - standard guage; mechanic and welders; mucking machine; off-road trucks; piledriver operator; pitman crane , operator; push cat operator; quad trac; scoop operator all types; shovel operator; sideboom cats; skimmer scoop operators; trenching machine operator; truck crane. GROUP 2: A-frame; asphalt hot-mix silo; asphalt plant , fireman (drum or boiler) ; asphalt plant man; asphalt plant man; asphalt plant mixer operator; asphalt roller operator; backfiller operator; barber-greene loader; boat operator , (bridges and dame) ; chip spreader; concrete mixer operator - skip loader; concrete plant operator; concrete pump operator; crusher operator; dredge oiler; elevating grader , operator; fork lift; greaser-fleet; hoisting engine - 1; locomotive operator - narrow gauge; multiple compactor; • pavement breaker; powerbroom - self-propelled; power shield; rooter; side discharge concrete spreader; slip form ' finishing machine; stumpcutter machine; throttle man; http;//f webgatc.access.gpo.gov/egi-bin/gctdoc.cgi?dbname=Davis-Bacon&doeid=M0200... 8/19/2005 ' WAIS Document Retrieval Page 9 of 32 ' tractor operator (over 50 h.p.) ; winch truck. • GROUP 3: Boilers - 1; chip spreader (front man) ; churn drill operator; clef plane operator; concrete saw operator (self- , propelled) ; curb finishing machine; distributor operator; finishing machine operator; flex plane operator; float operator; form grader operator; pugmill operator; roller Operator, other than high type asphalt; screening & washing plant operator; siphons & jets; sub-grading machine operator; spreader box operator, self-propelled (not asphalt) ; tank car heater operator (combination boiler & booster) ; tractor operator (50 h.p. or leas) ; Ulmac, Ulric or similar spreader; vibrating machine operator, not hand; GROUP 4: Grade checker; Oiler; Oiler-Driver HOURLY PREMIUMS: The following classifications shall receive $ .25 above GROUP 1 rate: Clamshells - 3 yds. or over; Cranes - Rigs or Piledrivers, 100 ft. of boom or over (including jib) ; ' Draglines - 3 yds, or over; Hoists - each additional active drum over 2 drums; Shovels - 3 yds. or over; ' The following classifications shall receive $ .50 above GROUP 1 rate: Tandem scoop operator; Cranes - Rigs or Piledrivers, 150 ft. to 200 ft. of boom (including jib) ; Tandem scoop. • The following classifications Shall receive $ .75 above GROUP 1 rate: ' Cranes - Rigs or Piledrivers, 200 ft. of boom or over -- (including jib.) ENGI0513-004 05/04/2005 ' FRANKLIN, JEFFERSON, LINCOLN, ST CHARLES, AND WARREN COUNTIES Rates Fringes ' Power equipment operators: GROUP1. . . . . . . . . . . . . . . . . . . . .$ 26.72 14.49 GROUP 2. . .$ 29.92 14.49 GROUP 3. . .$ 21.82 14.99 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 21.36 14.49 ' POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Backhoe, Cable; Backhoe, Hydraulic (2 cu yds bucket and under regardless of attachment, one oiler for 2 or 3, two oilers for 4 through 6) ; Backhoe, Hydraulic over 2 cu yds; Cableway; Crane, Crawler or Truck; Crane, Hydraulic - Truck or Cruiser mounted, 16 tons and over; Crane, Locomotive; crane with boom including jib over 100 ft from pin to pin; Crane using rock socket tool; Derrick, Steam; • Derrick Car and Derrick Boat; Dragline, 7 cu yds and over; Dredge; Gradall, Crawler or tire mounted; Locomotive, Gas, ' Steam & other powers; Pile Driver, Land or Floating; Scoop, Skimmer; Shovel, Power (Electric, Gas, Steam or other http;//frwebgate.access.gpo.gov/egi-bin/getdoc.egi?dbnamc=Davis-Bacon&doeid=M0200... 8/19/2005 WAIS Document Retrieval Page 10 of 32 ' powers) ; Shovel, Power (7 cu yds and over) ; Switch Boat; , Whirley; Air Tugger with air compressor; Anchor Placing Barge; Asphalt Spreaker; Athey Force Feeder Loader, • self-propelled; Backfilling Machine; Boat Operator - Push ' Boat or Tow Boat (job site) ; Boiler, High Pressure Breaking in Period; Boom Truck, Placing or Erecting; Boring Machine, Footing Foundation; Bullfloat; Cherry Picker; Combination Concrete Hoist and Mixer (such as Mixermobile) ; Compressor, Two 125 CFM and under; Compressor, Two through Four over 125 CFM; Compressor when operator runs throttle; Concrete Breaker (Truck or Tractor mounted) ; Concrete Pump (such as Pumperete machine) ; Concrete Saw (self-propelled) ; Concrete , Spreader; Conveyor, Large (not selfpropelled) hoisting or moving brick and concrete into, or into and on floor level, one or both; Crane, Cimbing (such as Linden) ; Crane, ' Hydraulic - Rough Terrain, self-propelled; Crane, Hydraulic - Truck or Cruiser mounted - under 16 tons; Drilling machine - Self-powered, used for earth or rock drilling or boring (wagon drills and any hand drills obtaining power ' from other souces including concrete breakers, jackhammers and Bacoo equipmnet no engineer required) ; Elevating Grader; Engine Man, Dredge; Excavator or Powerbelt Machine; ' Finishing Machine, self- propelled oscillating screed; Forklift; Generators, Two through Six 30 KW or over; Grader, Road with power blade; Greaser; Highlift; Hoist, Concrete and Brick (Brick cages or concrete skips operating , or on tower, Towermobile, or similar equipment) ; Hoist, Three or more drums in use; Hoist, Stack; Hydro-Hammer; Lad-A-Vator, hoisting brick or concrete; Loading Machine such as Barber-Greene; Mechanic on job site • ' GROUP 2: Air Tugger with plant air; Boiler (for power or heating shell of building or temporary enclosures in ' connection with construction work) ; Boiler, Temporary; Compressor, One over 125 CFM; Compressor, truck mounted; Conveyor, Large (not self- propelled) ; Conveyor, Large (not self- propelled) moving brick and concrete (distributing) , on floor level; Curb Finishing Machine; Ditch Paving Machine; Elevator (outside) ; Endless Chain Hoist; Fireman (as required) ; Form Grader; Hoist, One Drum regardless of , size (except brick or concrete) ; Lad-A-Vator, other hoisting; Manlift; Mixer, Asphalt, over 8 cu ft capacity; Mixer, one bag capacity or less; Mixer, without side loader, two bag capacity or more; Mixer, with aide loader, , regardless of size, not Paver; Mud Jack (where mud jack is used in conjenction with an air compressor, operator shall be paid $ .55 per hour in addition to his basic hourly rate for covering both operations) ; Pug Mill operator; Pump, , Sump - self powered, automatic controlled over 211; Scissor Lift (used for hoisting) ; Skid Steer Loader; Sweeper, Street; Tractor, small wheel type 50 HP and under with grader blade and similar equipment; Welding Machine, One , over 400 amp; Winch, operating from truck GROUP 3: Boat operator - outboard motor, job site; Conveyors (such as Con-Vay-It) regardless of how used; Elevator (inside) ; Heater operator, 2 through 6; Sweeper, Floor • GROUP 4: Crane type ' http://frwcbgate.access.b po.gov/cgi-binfgetdoc.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 ' ' WAIS Document Retrieval Page 11 of 32 ' HOURLY PREMIUMS: • Backhoe, Hydraulic 2 cu yda or less without oiler - $2.00; Certified Crane Operator - $1.50; Certified Hazardous Material Operator $1.50; Crane,climbing (such as Linden) - $.50; Crane, Pile Driving and Extracting - $ .50 Crane with boom (including job) over 100 ft from pin to pin - add $.01 per foot to maximum of $4.00) ; Crane, using rock socket tool - $ .50; ' Derrick, diesel, gas or electric hoisting material and erecting steel (150 ft or more above ground) - S .50; Dragline, 7 cu yda and over - $ .50; ' Hoist, Three or more drums in use - $ .50; Scoop, Tandem - $.50; Shovel, Power - 7 cu yds and over - $ .50; Tractor, Tandem Crawler - $ .50; Tunnel, man assigned to work in tunnel or tunnel shaft - $ .50; Wrecking, when machines are working on second floor or higher - $ .50 ---------------------------------------------------------------- ENGI0513-006 05f01/2005 ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE GIRARDEAU, CARTER, CLARK, COLE, CRAWFORD, DENT, DUNKLIN, GASCONADE, HOWELL, IRON, KNOX, LEWIS, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONITEAU, MONROE, MONTGOMERY, • MORGAN, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON, AND WAYNE COUNTIES Rates Fringes ' Power equipment operators: GROUP1. . . . . . . . . . . . . . . . . . . . .$ 23.15 14.45 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 22.80 14.45 GROUP3 . . . . . . . . . . . . . . . . . . . . .$ 22.60 14.45 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 18.95 14.45 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt finishing machine & trench widening spreader, asphalt plant console operator; autograder; automatic slipform paver; back hoe; blade operator - all types; boat operator tow; boiler two; central mix concrete plant operator; clam shell operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster ' pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader; hoisting engine 2 active drums; launchhammer wheel; locomotive operator standrad guage; mechanics and welders; mucking machine; piledriver operator; pitman crane operator; push cat operator; quad-trac; scoop operator; sideboom cats; skimmer scoop ' operator; trenching machine operator; truck crane, shovel operator. http://f wcbgate.access.gpo.gov/cgi-bin/bctdoc.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 12 of 32 , GROUP 2: A-Frame; asphalt hot-mix silo; asphalt roller , operator asphalt plant fireman (drum or boiler) ; asphalt • plant man; asphalt plant mixer operator; backfiller operator; barber-greene loader; boat operator (bridge & , dame) ; chip spreader; concrete mixer operator skip loader; concrete plant operator; concrete pump operator; dredge oiler; elevating graded operator; fork lift; grease fleet; , hoisting engine one; locomotive operator narrow guage; multiple compactor; pavement breaker; powerbroom self-propelled; power shield; rooter; slip-form finishing machine; stumpcutter machine; side discharge concrete , spreader; throttleman; tractor operator (over 50 hp) ; winch truck; asphalt roller operator; crusher operator. GROUP 3: Spreader box operator, self-propelled not asphalt; , tractor operator (50 h.p. or less) ; boilers one; chip spreader (front man) ; churn drill operator; compressor over 105 CFM 2-3 pumps 411 & over; 2-3 light plant 7.5 RWA or any ' combination thereof; clef plane operator; compressor maintenance operator 2 or 3; concrete saw operator (self-propelled) ; curb finishing machine; distributor operator; finishing machine operator; flex plane operator; , float operator; form grader operator; pugmill operator; riller operator other than high type asphalt; screening & washing plant operator; siphons & jets; subgrading machine , operator; tank car heater (combination boiler & booster) ; ulmac, Ulric or similar spreader; vibrating machine operator; hydrobroom. GROUP 4: Oiler; grout machine; oiler driver; compressor over • ' 105 CFM one; conveyor operator one; maintenance operator; pump 401 & over one. FOOTNOTE: HOURLY PREMIUMS , Backhoe hydraulic, 2 cu. yda. or under Without oiler - $2.00 , Certified Crane Operator - $1.50; Certified Hazardous Material Operator $1.50; Crane, climbing (such as Linden) - $0.50; Crane, pile driving and extracting - $0.50; ' Crane, with boom (including jib) over 100' from pin to pin add $0.01 per foot to maximum of $4.00; Crane, using rock socket tool - $0.50; , Derrick, diesel, gas or electric, hoisting material and erecting steel (1501 or more above the ground) - $0.50; Dragline, 7 cu. yda, and over - $0.50; Hoist, three or more drums in use - $0.50; Scoop, Tandem $0.50; Shovel, power - 7 cu, yds. or more - $0.50; Tractor, tandem crawler - $0.50; ' Tunnel, man assigned to work in tunnel or tunnel shaft - $o.so; Wrecking, when machine is working on second floor or higher - $0.50; , ENGI0513-007 05/04/2005 ST. LOUIS CITY AND COUNTY , http://fivebgate.access.gpo.gov/cgi-bin/gctdoc.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 ' WAIS Document Retrieval Page 13 of 32 Rates Fringes • Power equipment operators: GROUP 1. . .$ 26.72 14.49 GROUP 2. . .$ 26.72 19.99 GROUP3. . . . . . . . . . . . . . . . . . . . .$ 24.82 14.49 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 21.82 14.49 ' GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 21.36 14.49 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Backhoe, cable or hydraulic; cableway; crane crawler or truck; crane, hydraulic-truck or cruiser mounted 16 tons & over; crane locomotive; derrick, steam; derrick ' car & derrick boat; dragline; dredge; gradall, crawler or tire mounted; locomotive, gas, steam & other powers; pile driver, land or floating; scoop, skimmer; shovel, power (steam, gas, electric or other powers) ; switch boat; ' whirley. GROUP 2: Air tugger w/air compressor; anchor-placing barge; ' asphalt spreader; athey force feeder loader (self- propelled) ; backfilling machine; backhoe-loader; boat operator-push boat or tow boat (job site) ; boiler, high pressure breaking in period; boom truck, placing or erecting; boring machine, footing foundation; bull- float; cherry picker; combination concrete hoist & mixer (such as mixer mobile) ; compressor (when operator runs throttle) ; concrete breaker (truck or tractor mounted) ; concrete pump, • such as pump-crete machine; concrete saw (self-propelled) , concrete spreader; conveyor, large (not self-propelled) , hoisting or moving brick and concrete into, or into and on floor level, one or both; crane, hydraulic-rough terrain, self-propelled; crane hydraulic-truck or cruiser mounted-under 16 tons; drilling machines, self-powered use for earth or rock drilling or boring (wagon drills nd any ' hand drills obtaining power from other sources including concrete breakers, jackhammers and barco equipment-no engineer required) ; elevating grader; engineman, dredge; excavator or powerbelt machine; finishing machine, self-propelled oscillating screed; forklift; grader, road with power blade; highlift. greaser; hoist, stack, hydro-hammer; loading machine (such as barber-greene) ; I machanic, on job site; mixer, pipe wrapping machines; plant asphalt; plant, concrete producing or ready-mix job site; plant heating-job site; plant mixing-job sites plant power, generating-job site; pumps, two through six self-powered over 211; pumps, electric submersible, two through six, over 411; quad-track; roller, asphalt, top or sub-grade; scoop, tractor drawn; spreader box; sub-grader; tie tamper; tractor-crawler, or wheel type with or without power unit, power take-offs and attachments regardless of size; trenching machine; tunnel boring machine; vibrating machine automatic, automatic propelled; welding machines (gasoline or diesel) two through six; well drilling machine • GROUP 3: Conveyor, large (not self-propelled) ; conveyor, large (not self-propelled) moving brick and concrete distributing) on floor level; mixer two or more mixers of one bag capacity or less; air tugger w/plant air; boiler, http;//f wcbgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 14 of 32 , for power or heating on construction projects; boiler, , temporary; compressor (mounted on truck; curb finishing machine; ditch paving machine; elevator; endless chain • hoist; form grader; hoist, one drum regardless of size; , lad-a-vator; manlift; mixer, asphalt, over 8 cu. ft. capacity, without side loader, 2 bag capacity or more; mixer, with side loader, regardless of size; pug mill operator; pump, sump-self-powered, automatic controlled ' over 2" during use in connection with construction work; sweeper, street; welding machine, one over 400 amp. ; winch operating from truck; scissor lift (used for hoisting) ; tractor, small wheel type 50 h.p. & under with grader blade ' & similar equipment GROUP 4: Boat operator-outboard motor (job site) ; conveyor ' (such as con-vay-it) regardless of how used; sweeper, floor GROUP 5: Oiler on dredge and on truck crane. HOURLY PREMIUMS: ' Backhoe, hydraulic 2 cu. yds. or under without oiler $2.00 , Certified Crane Operator 1.50 Certified Hazardous Material Operator 1.50 Crane, climbing (such as Linden) .50 Crane, pile driving and extracting .50 , Crane, with boom (including jib) over 100, (from pin to pin) add $.01 per foot to maximum of 4.00 • , Crane, using rock socket tool .50 Derrick, diesel, gas or electric, hoisting material and erecting steel (150' or more above ground) .50 ' Dragline, 7 cu. yds. and over .50 Hoist, three (3) or more drums in use .50 Scoop, Tandem .50 Shovel, power - 7 cu. yda. or more .50 , Tractor, tandem crawler .50 Tunnel, man assigned to work in tunnel or tunnel shaft .50 , Wrecking, when machine is working on second floor or higher .50 ---------------------------------------------------------------- IRONOOIO-012 04/01/2003 , Rates Fringes Ironworkers: , ANDREW, ATCHISON, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDER , CHARITON, CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DE KALB, GENTRY, GREENE, GRUNDY, , HARRISON, HENRY, HICKORY, HOLT, HOWARD, LACLEDE, • LINN,. LIVINGSTON, MERCER, , MONITEAU, MORGAN, NODAWAY, PETTIS, POLK, PUTNAM, htip:Hf wcbgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=MO200... 8/19/2005 , ' WAIS Document Retrieval Page 15 of 32 ' RANDOLPH, ST, CLARR, SALINE, SULLIVAN, TANEY, • VERNON, WEBSTER, WRIGHT and WORTH Counties; and portions of ADAIR, BOONE, MACON, MILLER, and RANDOLPH Counties. . . . . . . . . . .$ 21.10 13.73 BUCHANAN, CASS, CLAY, JACKSON, JOHNSON, LAFAYETTE, PLATTE AND RAY Counties. . . ... . . . . . . . . . . . . . . .$ 24 .10 13.73 IRON0321-002 12/31/2004 ' DOUGLAS, HOWELL and OZARK COUNTIES Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . .$ 17.15 10.06 ----------------------- --'---- IRON0396-004 08/04/2004 ' ST. LOUIS (City and County) , ST. CHARLES, JEFFERSON, IRON, FRANKLIN, LINCOLN, WARREN, WASHINGTON, ST. FRANCOIS, STE. GENEVIEVE, and REYNOLDS Counties; and portions of MADISON, ' PERRY, BOLLINGER, WAYNE, and CARTER Counties Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . .$ 27.09 13.31 IRON0396-009 08/04/2004 ' AUDRAIN, CALLAWAY, COLE, CRAWFORD, DENT, GASCONADE, MARIES, MONTGOMERY, OSAGE, PHELPS, PIKE, PULASKI, TEXAS, 'and WRIGHT Counties; and portions of CAMDEN, DOUGLAS, HOWELL, MILLER, OREGON, BOONE, SHANNON, LACLEDE, MONROE, and RALLS Counties Rates Fringes --Ironworker $ 22.48 1331 --------------------- ------------ - IRON0577-005 06/01/2002 ADAIR, CLARK, KNOX, LEWIS, MACON, MARION, MONROE, RALLS, SCHUYLER, SCOTLAND, AND SHELBY COUNTIES Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . .$ 20.85 9.16 ------------------------------------- -- ' IRONOSO4-004 06/01/2004 BARRY, JASPER, LAWRENCE, MCDONALD, NEWTON AND STONE Counties Rates Fringes • --Ironworkers--------------------$-19.50--_---_------8.47 IRON0782-003 09/01/2003 http://frwebgate.access.gpo.gov/egi-bin/getdoc,cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 16 of 32 , CAPE GIRARDEAU, MISSISSIPPI, NEW MADRID, SCOTT, & STODDARD , Counties; and portions of BOLLINGER, BUTLER, CARTER, DUNKLIN, • MADISON, PEMISCOT, PERRY, RIPLEY, and WAYNE Counties , Rates Fringes Ironworkera: All Other Work. . . . . . . . . . . . . .$ 21.95 9.73 ' LAB00042-003 03/07/2005 ST. LOUIS (City and County) Rates Fringes Laborers: , Plumber Laborers. . . . . . . . . . . .$ 25.22 8.33 WW00042-005 03/07/2005 , ST. LOUIS (City and County) , Rates Fringes Laborers: Dynamiter, Powderman. . . . . . . .$ 25.58 8.33 ,. Laborers, Flagperson. . . . . . . .$ 25.08 8.33 Wrecking. . . . . . . . . . . . . . . . . . . .$ 24.96 8.33 LAB004 24-002 05/01/2005 1 Rates Fringes , Laborers: ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, ' CAPE GIRARDEAU, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, DUNKLIN, GASCONADE, HOWARD, HOWELL, IRON, KNOX, LEWIS, LINN. MACON, MADISON, MARIES, MARION, ' MILLER, MISSISSIPPI, MONITEAU, MONROE, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, , SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WASHINGTON ' AND WAYNE COUNTIES GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.37 7678 • ADAIR, AUDRAIN, BOLLINGER, ' BOONE, BUTLER, CALLAWAY, CAPE GIRARDEAU, CARTER, http://frwebgate,access.gpo.gov/cgi-bin/gctdoe.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 , WAIS Document Retrieval Page 17 of 32 ' CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, • DUNKLIN, GASCONADE, HOWARD, HOWELL, IRON, KNOX, LEWIS, LINN, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONITEAU, MONROE, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, ' SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WASHINGTON AND WAYNE COUNTIES GROUP 1. . . . . . . . . . . . . . . . . . . .$ 21.77 7.78 FRANKLIN COUNTY GROUP 1. . . . . . . . . . . . . . . . . . . .$ 23.22 7.78 FRANKLN COUNTY ' GROUP 2. . . . . . . . . . . . . . . . . . . .$ 23.82 7.78 JEFFERSON COUNTY GROUP1. . . . . . . . . . . . . . . . . . . .$ 23.27 7.78 ' GROUP 2. . . . . . . . . . . . . . . . . . . .$ 23.87 7.78 LINCOLN, MONTGOMERY AND WARREN COUNTIES • GROUP 1. . .$ 22.02 7.78 ' GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.62 7.7B LABORERS CLASSIFICATIONS ' GROUP 1 - General laborer-flagman, carpenter tenders; salamander Tenders; Dump Man; Ticket Takers; loading trucks under bins, hoppers, and conveyors; track man; cement ' handler; dump man on earth fill; georgie buggie man; material batch hopper man; spreader on asphalt machine; material mixer man (except on manholes) ; coffer dams; riprap pavers rock, block or brick; scaffolds over ten feet not self-supported from ground up; skip man on concrete paving; wire mesh setters on concrete paving; all work in connection with sewer, water, gas, gasoling, oil, drainage ' pipe, conduit pipe, tile and duct lines and all other pipe lines; power tool operator; all work in connection with hydraulic or general dredging operations; form setters, puddlers (paving only) ; straw blower nozzleman; asphalt plant platform man; chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material; topper of standing trees; ' feeder man on wood pulverizers, board and willow mat weavers and cabelee tiers on river work; deck hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 ft. where compressed air is not used; abutement and pier hole men working six (6) ft. or more below ground; men working in coffer dame for • bridge piers and footing in the river; barco tamper; Jackson or any other similar tamp; cutting torch man; ' liners, curb, gutters, ditch linen; hot mastic kettlemen; hot tar applicator; hand blade operator; mortar men or ' http://fiwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 18 of 32 ' brick or block manholes; rubbing concrete, air tool , operator under 65 lbs. ; caulker and lead man; chain or concrete saw under 15 h.p. ; signal Gan; Guard rail and sign • erectors. GROUP 2 - Skilled laborers - Vibrator man; asphalt raker; , head pipe layer on sewer work; batterboard man on pipe and ditch work; cliff scalers working from bosun's chairs; ' scaffolds or platforms on dams or power plants over 10 ft. high; air tool operator over 65 lbs. ; stringline man on concrete paving; sandblast man; laser beam man; wagon drill; churn drill; air track drill and all other similar ' type drills, gunite nozzle man; pressure grout man; screed man on asphalt; concrete saw 15 h.p. and over; grade checker; strigline man on electronic grade control; manhole , builder, dynamite man; powder man; welder, tunnel man; waterblaster - 1000 psi or over; asbestos and/or hazardous waste removal and/or disposal ---------------------------------------------------------------- + LAH00579-005 05/01/2005 'Laborers: (ANDREW, ATCHISON, Rates Fringes CALDWELL, CLINTON, DAVIESS, DEKALB, GENTRY, GRUNDY, , HARRISON, HOLT, LIVINGSTON, MERCER, NODAWAY and WORTH COUNTIES.) GROUP1. . . . . . . . . . . . . . . . . . . . .$ 17.94 8.39 • , GROUP2. . . . . . . . . . . . . . . . . . . . .$ 18.49 8.39 Laborers: (BARRY, BARTON, BATES, BENTON, CAMDEN, CARROLL, CEDAR, CHRISTIAN, ' DADE, DALLAS, DOUGLAS, GREENE, HENRY. HICKORY, JASPER, JOHNSON, LACLEDE, ' LAWRENCE, MCDONALD, MORGAN, NEWTON, OZARK, PETTIS, POLK, ST.CLAIR, SALINE, STONE, TANEY, VERNON, WEBSTER and , WRIGHT COUNTIES) GROUP1. . . . . . . . . . . . . . . . . . . . .$ 18.09 8.24 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 18.64 8.24 , Laborers: (BUCHANAN COUNTY) GROUP1. . . . . . . . . . . . . . . . . . . . .$ 19.34 8.79 . GROUP2. . . . . . . . . . . . . . . .$ 19.69 8.79 Laborers: (LAFAYETTE COUNTY) , GROUP1. . . . . . . . . . . . . . . . . . . . .$ 19.64 8.49 GROUP2. . . . . . . . . . . . . . . . . . . . .$ 19.99 8.49 LABORERS CLASSIFICATIONS , GROUP 1: General Laborers - Carpenter tenders; salamander tenders; loading trucks under bins; hoppers & conveyors; ' track men & all other general laborers; air tool operator; cement handler-bulk or sack; dump man on earth fill; • georgie buggie man; material batch hopper man; material mixer man (except on manholes) ; coffer dame; riprap pavers ' - rock, block or brick; signal man; scaffolds over ten feet http;//frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 , WAIS Document Retrieval Page 19 of 32 not self-supported from ground up; akipman on concrete paving; wire mesh setters on concrete paving; all work in • connection with sewer, water, gas, gasoline, oil drainage pipe, conduit pipe, tile and duct lines and all other pipe lines; power tool operator, all work in connection with hydraulic or general dredging operations; puddlers (paving only) ; straw blower nozzleman; asphalt plant platform man; ' chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material or materials (where special protection is required) ; rubbing concrete; topper of standing trees; ' batter board man on pipe and ditch work; feeder man on wood pulverizers; board and willow mat weavers and cable tiers on river work; deck hands; pile dike and revetment work; all laborers working on underground tunnels leas than 25 feet where compressed air is not used; abutment and pier hole men working six (6) feet or more below ground; men working in coffer dams for bridge piers and footings in the ' river; ditchliners; pressure groutmen; caulker; chain or concrete saw; cliffscalers working from scaffolds, bosuns4 chairs or platforms on dams or power plants over (10) feet ' above ground; mortarmen on brick or block manholes; toxic and hazardous waste work. GROUP 2: Skilled Laborers - Head pipe layer on sewer work; ' laser beam man; Jackson or any other similar tamp; cutting torch man; form setters; liners and stringline men on concrete paving, curb, gutters; hot mastic kettleman; hot tar applicator; sandblasting and gunite nozzlemen; air tool ' operator in tunnels; screed man on asphalt machine; asphalt raker; barco tamper; churn drills; air track drills and all similar drills; vibrator man; stringline man for electronic ' grade control; manhole builders-brick or block; dynamite and powder men; grade checker. * LAB00660-006 05/01/2005 ' ST. CHARLES COUNTY Rates Fringes Laborers: GROUP1. . . . . . . . . . . . . . . . . . . . .$ 24.24 7.09 GROUP2. . . . . . . . . . . . . . . . . . . . .$ 24.24 7.09 LABORERS CLASSIFICATIONS GROUP 1: General laborer; carpenter tender; salamander tender; dump man; ticket takers; flagman; loading trucks under bins, hoppers, and conveyors; track men; cement handler; dump man on earth fill; Georgie buggie man; material batch hopper man; spreader on asphalt machine; material mixer man (except on manholes) ; coffer dams; riprap paver - rock, block, or brick; signal man; scaffolds over 10 ft not self-supported from ground up; akipman on concrete paving; wire mech setters on concrete paving; all • work in connection with sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe, tile and duct lines and all ' other pipe lines; power tool operator; all work in connection with hydraulic or general dredging operations; http://f webgate.access.gpo,gov/egi-bin/geldoc.cgi?dbname=Davis-Bacon&docid=MO200.,. 8/19/2005 WAIS Document Retrieval Page 20 o£32 ' form setters; puddlers (paving only) ; straw blower , nozzleman; asphalt plant platform man; chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material; topper of standing trees; feeder man on wood pulverizer; ' board and willow mat weavers and cable tiers on river work; deck hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 ft where , compressed air is not used; abutment and pier hole men working 6 ft or more below ground; men working in coffer dams for bridge piers and footings in the river; Bacoo tamper, Jackson or any other similar tamp; cutting torch , man; liners, curb, gutters, ditchliners; hot mastic kettleman; hot tar applicator; hand blade operators; mortar men on brick or block manholes; rubbing concrete; air tool ' operator under 65 pounds; caulker and lead man; chain saw under 15 hp; guard rail and sign erectors GROUP 2: Vibrator man; asphalt raker; hand pipe layer on ' sewer work; batterboard man on pipe and ditch work; cliff scalers working from Bosun's chairs, scaffolds or platforms on dams or power plants over 10 ft high; air tool operator ' over 65 pounds;stringline man on concrete paving etc. ; sand blast man; laser beam man; wagon drill; churn drill; air track drill and all other similar type drills; gunnite nozzle man; pressure grout man; screed man on asphalt; , concrete saw 15 hp and over; grade checker; stringline man on electronic grade control; manhole builder, dynamite man, powder man; welder; tunnel man; waterblaster - 1000 psi and over; asbestos and/or hazardous waste removal and or ' disposal; ----------------------------------------------------^----------- LAB00663-002 04/01/2005 ' CASS, CLAY, JACKSON, PLATTE AND RAY COUNTIES Rates Fringes , Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 22.38 8.79 ' GROUP2. . . . . . . . . . . . . . . . . . . . .$ 23 .59 8.79 LABORERS CLASSIFICATIONS GROUP 1: General laborers, Carpenter tenders, salamander ' tenders, loading trucks under bins, hoppers and conveyors, track men and all other general laborers, air tool operator, cement handler (bulk or sack) , chain or concrete ' saw, deck hands, dump man on earth fill, Georgie Buggies man, material batch hopper man, scale man, material mixer man (except on manholes) , coffer dams, abutments and pier , hole men working below ground, riprap pavers rock, black or brick, signal man, scaffolds over ten feet not self-supported from ground up, skipman on concrete paving, wire mesh setters on concrete paving, all work in , connection with sewer,water, gas, gasoling, oil, drainage pipe, conduit pipe, tile and duct lines and all other • pipelines, power tool operator, all work in connection with hydraulic or general dredging operations, straw blower nozzleman,asphalt plant platform man, chuck tender, crusher http://frwebgate.access.gpo.gov/cgi-bin/gctdoe.cgi?dbname=Davis-Bacon&docid=MO200... 8/19/2005 ' WAIS Document Retrieval Page 21 of 32 ' feeder, men handling creosote ties on creosote materials, men working with and handling epoxy material or materials • (where special protection is required) , topper of standing ' trees, batter board man on pipe and ditch work, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, pile dike and revetment work, all laborers working on underground tunnels less than 25 feet where compressed air is not used, abutment and pier hole men working six (6) feet or more below ground, men working in coffer dams for bridge piers and footings in the river, ditchliners, pressure groutmen, caulker and chain or concrete saw, Cliffscalers working from scaffolds, bosuns chairs or platforms on dams or power plants over (10) feet above ground, mortarmen on brick or block manholes, signal man. GROUP 2: Skilled Laborer - spreader or screed man on asphalt machine, asphalt raker, grade checker, vibrator man, concrete saw over 5 hp. , laser beam man, barco tamper, Jackson or any other similar tamp, wagon driller, churn drills, air track drills and other similar drills, cutting ' torch man, form setters, liners and stringline men on concrete paving, curb, gutters and etc. , hot mastic kettleman, hot tar applicator, hand blade operators, mortar men on brick or block manholes, sand blasting and gunnite nozzle men, rubbing concrete, air tool operator in tunnels, head pipe layer on sewer work, manhole builder (brick or block) , dynamite and powder men. ' • PAIN0002-002 09/01/2004 CLARK, FRANKLIN, JEFFERSON, LEWIS, LINCOLN, MARION, PIKE, ' RALLS, ST. CHARLES, ST. LOUIS (CITY & COUNTY) , AND WARREN COUNTIES Rates Fringes Painters: Brush. . . . . . . . . . . . . . . . . . . . . . .$ 25.94 8.79 Spray. . . . . . . . . . . . . . . . . . . . . . .$ 27.94 8.79 PAIN0002-006 02/01/2005 ADAIR, AUDRAIN, BOONE, CALLAWAY, CHARITON, COLE, GASCONADE, HOWARD, KNOX, LINN, MACON, MONROE, MONTGOMERY, OSAGE, PUTNAM, RANDOLPH, SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES and the City of Booneville. IRates Fringes I Painters: Bridges, Dame, Locks or powerhouses. . . . . . . . . . . . .$ 21.50 6.37 Brush and Roll, Taping, I Paperhanging. . . . . . . . . . . . . . . .$ 19.50 6.37 Epoxy or Any Two Part • Coating; Sandblasting; Stage or other Aerial Work- Platforms over 50 feet high; Lead Ihttp://frwcbgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbnamc=Davis^Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 22 of 32 ' Abatement. . . . . . . . . . . . . . . . . .$ 20.50 6,37 ' Spray, Structural Steel (over 50 feet) . . . . . . . . . . . . . .$ 20.00 6,37 • Tapers using Amen or -_-__comparable tools. . . . . . ._. ._.$ 19.75-------------6.37 ' -----' ----`-- PAIN0003-004 04/01/2000 BATES, BENTON, CALDWELL, CARROLL, CASS, CLAY, CLINTON, COOPER, ' DAVIESS, GRUNDY, HARRISON, HENRY, JACKSON, JOHNSON, LAFAYETTE, LIVINGSTON, MERCER, MONITEAU, MORGAN, PETTIS, PLATTE, RAY AND SALINE COUNTIES �. Rates Fringes Painters: , Bazooka; Paperhanger. . . . . . . .$ 22.60 6.01 Brush & Roller; Taper. . . . . . .$ 22.10 6,01 Lead Abatement; Sprayman. . . .$ 23.10 6.01 ' Sandblast (Bridge, Stage, Erected Steel and Storage Bin and Tanks) . . . . . . . . . . . . . .$ 23.60 6.01 Sprayman (Storage Bin & ' Tanks, Elevated Tanks) ; Stageman (Spray) ; Bridgeman (Spray) ; Steelman (Spray) . . . . . . . . . . . . . . . . . . . .$ 23.85 6.01 , Steeplejack - Spray or Sandblast (other than Elevated Tanks) . . . . . . . . . . . . .$ 27.79 6.01 • ' Steeplejack (other than Elevated Tanks) . . . . . . . . . .$ 26.79 6.01 Storage Bin & Tanks (Roller or Brush) ; Elevated ' Tanks (Roller or Brush) ; Stageman; Beltman; � Bridgeman; Steelman; Sand Blast (Base) ; Elevator Shaft$ 22.85 6.01 ,; --"^"'-""-------------'^--------------------------------' PAIN0098-002 05/01/2000 ANDREW, ATCHISON, BUCHANAN, DE KALB, GENTRY, HOLT, NODAWAY & WORTH COUNTIES Rates Fringes Painters: Brush & Roller. . . . . . . . . . . . . .$ 20.50 4.40 I' Sandblasters. . . . . . . . . . . . . . . .$ 21.50 4.40 1 Steeple Jack. . . . . . . . . . . . . . . .$ 23650 4.40 ----------------------------- ---------------------------------- PAIN0203"002 04/01/2004 BARRY, BARTON, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, HOWELL, JASPER, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, ST, CLAIR, STONE, TANEY, VERNON, WEBSTER and WRIGHT COUNTIEB • Rates Fringes http://f webgute,access.gpo.gov/cgi-bin/getdoc.cgi?dbnamc=Davis-Bacon&doeid=M0200... 8/19/2005 WAIS Document Retrieval Page 23 of 32 ' Painters: • • . . . . . . . . . . • • . . . Painters. . .$ 16.88 7.14 • Sandblasters and Highman Taper(over 401) . . . . . . . . . . . . . . . . . .$ 18.63+---'--------714 s - - - - - - - - - - - - - - - ------- ---- ----- -$-17.65 6.35 PAIN1265-003 07/01/2005 ' CAMDEN, CRAWFORD, DENT, LACLEDE, MARIES, MILLER, PHELPS, PULASKI AND TEXAS COUNTIES ' Rates Fringes Painters: ' Brush and Roller. . . . . . . . . . . .$ 20.04 8.87 Lead Abatement. . .$ 22.29 8.87 Spray. . . . . . . . . . . . . . . . .$ 21.54 8.87 Structural Steel, ' Sandblasting and All Tank Work. . .$ 21.29 8.87 Taping, Paperhanging, ' Floor Work. . . . . . . . . . . . . . . . . .$ 20.54 8.87 ----------------------------- ----'-'----'---'--'----'--^- -----' PAIN1292-002 09/01/2004 ' BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, REYNOLDS, RIPLEY, SCOTT, SHANNON, STODDARD and WAYNE COUNTIES ' • Rates Fringes Painters: ' Bridges, Stacks & Tanks. . . . .$ 24.51 8.12 Commercial. . .$ 17.06 8.12 Industrial. . . . . .$ 19.56 8.12 Spray & Abrasive Blasting. . .$ 19.06 8.12 ' Taper (Tools) . . . . . . . . . . . . . . .$ 17.31 8.12 Waterblasting. . .$ 19.06 8.12 Height Rates (All Areas) : Over 60 ft. $0.50 per hour. Under 60 ft. $0.25 per hour. PAIN1292-003 09/01/2004 IRON, MADISON, ST. FRANCOIS, STE, GENEVIEVE and WASHINGTON COUNTIES Rates Fringes ' Painters: . • 1 • . ' • • ' • • .. • , Bridges, Stacks & Tanks. . .$ 24.51 8.12 Commercial. . .$ 19.16 8.12 Industrial. . . . . . . . . . . . . . . .$ 20.16 8.12 Lead Abatement. . . . . . . . . . . . . .$ 19.91 8.12 Spray & Abrasive Blasting. . .$ 21.16 8.12 • Tapers (Toole) . . . . . . . . . . . . . .$ 19.41 8.12 Waterblasting. . . . . . . . . . . . .$ 21.16 8.12 Height Rates (All Areas) : http://fTwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbnamc=Davi s-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 24 of 32 ' Over 60 ft. $0.50 per hour , Under 60 ft. $0.25 per hour. ---------`------------- '-------- -- - -- • PLASOSIS-006 03/01/2005 , BARRY, BARTON, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, TANEY, VERNON, WEBSTER, AND WRIGHT COUNTIES ' Rates Fringes Cement Masons: . . . . . . . . . . . . . . . . .$ 18.61 5.49 ' " -------------------------------- PLASO518-007 04/01/2005 CASS (Richards`Gebaur AFB only) , CLAY, JACKSON, PLATTE AND RAY ' COUNTIES Rates Fringes , Cement Masons: . . . . . . . . . . . . . . . . .$ 22.10 12.10 -----------------------.-------------^-------^----- PLAS0518-011 05/01/2001 ANDREW, ATCHISON, BUCHMAN, BATES, CALDWELL, CARROLL, CASS (Except Richards-Gebaur AFB) CLINTON, DAVIESS, DEKALB, GENTRY, , GRUNDY, HARRISON, HOLT, JACKSON, LAFAYETTE, LIVINGSTON, MACON, MERCER, NODAWAY AND WORTH COUNTIES Rates Fringes Cement Masons: . . . . . . . . . . . . . . . . .$ 23.13 7.15 -`.---'.-----^-----`----------^^--------^-----^----`^--^----^-'- PLASO527-001 05/05/2004 Rates Fringes Cement Masons: FRANKLIN, LINCOLN, AND WARREN COUNTIES. . . . . . . . . . . . .$ 25.71 9.52 , JEFFERSON, ST. CHARLES COUNTIES AND ST. LOUIS (city and County) . . . . . . . . . . .$ 26.88 9.52 '----------------------•---------------------------------------- PLAS0527-004 05/01/2004 CRAWFORD, DENT, IRON, MADISON, MARION, PHELPS, PIKE, PULASKI, RALLS, REYNOLDS, ST. FRANCOIS, STE. GENEVIEVE, SHANNON, TEXAS, ' WASHINGTON COUNTIES Rates Fringes , Cement Mason. . . . . . . . . . . . . . . . . . .$ 24.45 9.52 PLAS0908-001 05/01/2004 ' BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, • MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, RIPLEY, , SCOTT, STODDARD, AND WAYNE COUNTIES http://frwcbgate.access.gpo.gov/egi-bin/gctdoc.cgi?dbname=Davis-Bacon&doeid=M0200... 8/19/2005 , WAIS Document Retrieval Page 25 of 32 Rates Fringes • Cement Mason. . . . . . . . . . . . . . . . . . .$ 17.40 11.25 ------------ PLAS0908-005 03/01/2005 BENTON, CALLAWAY, CAMDEN, COLE, GASCONADE, HENRY, HICKORY, ' JOHNSON, MARIES, MILLER, MONTGOMERY, MORGAN, OSAGE, PETTIS, SALINE & ST. CLAIR COUNTIES Rates Fringes ' Cement Mason. . . . . . . . . . . . . . . . . . .$ 18.91 10.10 -------------------------------------^--_ ' PLUM0008-003 06/01/2005 Rates Fringes Plumber BATES, BENTON, CARROLL, HENRY, LAFAYETTE, MORGAN, PETTIS, RAY, ST. CLAIR, SALINE and VERNON COUNTIES. .$ 27.60 16.11 CASS, CLAY, JACKSON, JOHNSON and PLATTE COUNTIES.$ 30.04 16.11 ----------_----------------------------------------------------- PLUM0035-002 01/01/2000 CAMDEN, COLE, CRAWFORD, FRANKLIN, JEFFERSON, MARIES, MILLER, ' • MONITEAU, OSAGE, PHELPS, PULASKI, ST. CHARLES, ST. LOUIS (City and County) , WARREN and WASHINGTON COUNTIES Rates Fringes Plumber. . • .$ 26.10 9.74 ' PLUM0045-003 09/01/2003 ANDREW, ATCHISON, BUCHANAN, CALDWELL, CLINTON, DAVIESS, DEKALB, GENTRY, HARRISON, HOLT, NODAWAY AND WORTH COUNTIES Rates Fringes ' Plumbers and-Pipefitters. . .^___$ 28.20 --_--_-11_70- ----"`---'-- ----------- ------ PLUM0178-003 11/01/2001 ' BARRY, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, LACLEDE, LAWRENCE, POLK, STONE, TANEY, WEBSTER, AND WRIGHT COUNTIES ' Rates Fringes Plumbers and Pipefitters. . . . . . .$ 22.10 7.37 -------------'---'--------------- ^------- PLUM0317-002 07/01/1995 • BOONE, CALLAWAY, COOPER, HOWARD, AND RANDOLPH COUNTY (Southern half) ' http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=M0200... 8119/2005 WA1S Document Retrieval Page 26 of 32 ' Rates Fringes ' Plumbers and Pipefitters. . . . .__$ 19.18-------------3.17 " • ------------------------- ' ------ ------- PLUM0533-004 06/01/2005 ' BATES, BENTON, CARROLL, CASS, CLAY, HENRY, HICKORY, JACKSON, JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY, SALINE, ST. ' CLAIR AND VERNON COUNTIES Rates Fringes Pipefitter. . . . . . . . . . . . . . . . . . . . .$ 32.73 14.73 '. .. ------^---------------------------------------------^----------- PLUM0562-004 01/01/2005 , ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY,CAMDEN, CAPE GIRARDEAU,CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, DUNKLIN, FRANKLIN, GASCONADE, GRUNDY, HOWARD, HOWELL, ' IRON, JEFFERSON, KNOX, LEWIS, LINCOLN, LINN, LIVINGSTON, MACON, MADISON, MARIES, MARION, MERCER, MILLER, MISSISSIPPI, MONITEAU, MONROE, MONTGOMERY, NEW MADRID, OREGON, OSAGE, PEMISCOTT, , PERRY, PHELPS, PIKE, PULASKI, PUTNAM, BALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. CHARLES, ST.FRANCOIS, STE. GENEVIEVE, ST. LOUIS, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WARREN, WASHINGTON,AND WAYNE COUNTIES. ' Rates Fringes Plumber/Pipefitter • ' Projects $3.5 million and over. . . . . . . . .$ 30.25 15.83 . . . . . . . . . . . . . . -Projects under $3.5 million.$ 28.91 -_^------12.33 ' --" -----------------------------' ---^'-- PLUM0658-002 07/01/1998 BARTON, JASPER, MCDONALD, AND NEWTON COUNTIES ' Rates Fringes Plumbers and Pipefitters. . . . . . .$ 16.73 5.33 -_ ------------------ -----^------- ------- ' TEAM0013-001 05/01/2002 Rates Fringes , Truck drivers: ADAIR, BUTLER, CLARK, , DUNKIN, HOWELL, KNOX, LEWIS, OREGON, PUTNAM, RIPLEY, SCHUYLER, AND , SCOTLAND COUNTIES GROUP1. . . . . . . . . . . . . . . . . . . .$ 21.79 5.50 GROUP2. . . . . . . . . . . . . . . . . . . .$ 21.95 5.50 GROUP3. . . . . . . . . . . . . . . . . . . .$ 21.94 5.50 ' GROUP 4. . . . . . . . . . . . . . .$ 22.06 5.50 AUDRAIN, BOLLINGER, BOONE, • CALLAWAY, CAPE GIRARDEAU, , CARTER, COLE, CRAWFORD, DENT, GASCONADE, IRON, http://frwebgatc.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 , ' WAIS Document Retrieval Page 27 of 32 MACON, MADISON, MARIES, MARION, MILLER, • MISSISSIPPI, MONROE, MONTGOMERY, NEW MADRID, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, RALLS, REYNOLDS, ST. ' FRANCOIS, STE. GENEVIEVE, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON, AND„ WAYNE ' COUNTIES . . . . . . . . . . . . . . . . . GROUP 1. . .$ 22.52 5.50 GROUP2. . . . . . . . . . . . . . . . . . . .$ 22.68 5.50 GROUP 3. . .$ 22.67 5.50 GROUP4. . . . . . . . . . . . . . . . . . . .$ 22.79 5.50 TRUCK DRIVERS CLASSIFICATIONS: ' GROUP 1: Flat Bed Trucks, Single Axle; Station Wagons; Pickup Trucks; Material Trucks, Single Axle; Tank Wagon, ' Single Axle GROUP 2: Agitator and Transit Mix Trucks ' GROUP 3 : Flat Bed Trucks, Tandem Axle; Articulated Dump Trucks; Material Trucks, Tandem Axle; Tank Wagon, Tandem Axle • GROUP 4: Semi and/or Pole Trailers; Winch, Fork & Steel Trucks; Distributor Drivers and Operators; Tank Wagon, Semi-Trailer; Insley Wagons, Dumpsters, Half-Tracks, Speedace, Euclids and other similar equipment; A-Frame and Derrick Trucks; Float or Low Boy ---------------------------------- ---'-------------------------- TEAM0056-001 05/01/2002 ' Rates Fringes ' Truck drivers: ANDREW, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDAR, CHARITON, ' CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DEKALB, DOUGLAS, GREENE, HENRY, HICKORY, ' HOWARD, JASPER, LACLEDE, LAWRENCE, LINN, LIVINGSTON, MONITEAU, ' MORGAN, NEWTON, PETTIS, POLK, RANDOLPH, ST CLAIR, SALINE, VERNON, WEBSTER, AND WRIGHT COUNTIES ' GROUP 1. . .$ 22.22 5.50 GROUP2. . . . . . . . . . . . . . . . . . . .$ 22.38 5.50 • GROUP 3 . . . . . . . . . . . . . . . . . . . .$ 22.37 5.50 ' GROUP 4. . .$ 22.49 5.50 GROUP5. . . . . . . . . . . . . . . . . . . .$ 22.12 5.50 ATCHISON, BARRY, GENTRY, ' http://frwcbgate.access.gpo.gov/cgi-bin/gctdoc,cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 28 of 32 , GRUNDY, HARRISON, HOLT, , MCDONALD, MERCER, NODADWAY, OZARK, STONE, • SULLIVAN, TANEY AND WORTH ' COUNTIES GROUP 1. . . . . . . . . . . . . . . . . . . .$ 21.49 5.50 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 21.65 5.50 GROUP3. . . . . . . . . . . . . . . . . . . .$ 21.64 5.50 , GROUP4. . . . . . . . . . . . . . . . . . . .$ 21.76 5.50 GROUP5. . . . . . . . . . . . . . . .$ 21.39 5.50 BUCHANAN, JOHNSON AND LAFAYETTE COUNTIES , GROUP1. . . . . . . . . . . . . . . . . . . .$ 23.43 5.50 GROUP2. . . . . . . . . . . . . . . . . . . .$ 23.54 5.50 GROUP 36 . . . . . . . . . . . . . . . . . . .$ 23.58 5.50 ' .GROUP 4. . . . . . . . . . . . . . . . . . . .$ 23.65 5.50 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 23.33 5.50 TRUCK DRIVER CLASSIFICATIONS , GROUP 1: Flat bed trucks single axle; station wagons; pickup trucks; material trucks single axle; tank wagons single , axle. GROUP 2: Agitator and transit mix-trucks. GROUP 3: Flat bed trucks tandem axle; articulated dump , trucks; material trucks tandem axle; tank wagons tandem axle. • ' GROUP 4: Semi and/or pole trailers; winch, fork & steel trucks; distributor drivers & operators; tank wagons semi- trailer; insley wagons, dumpsters, half-tracks, speedace, ' euclids & other similar equipment; A-frames and derrick trucks; float or low boy. GROUP 5: Warehousemen. , TEAM0245-001 03/25/1998 BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DALLAS, DENT, DOUGLAS, ' GREENE, HICKORY, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, MILLER, NEWTON, OZARK, PHELPS, POLK, PULASKI, SHANNON, STONE, TANEY, TEXAS, VERNON, WEBSTER AND WRIGHT COUNTIES ' Rates Fringes Truck drivers: , Traffic Control Service Driver. . . . . . . 6 . . . . . . . . . . . . . .$ 12.90 3.56+a PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th, , Labor Day, Thanksgiving Day, Christmas Day, employee's birthday and 2 personal days. TEAM0541-001 04/01/2005 • CASS, CLAY, JACKSON, PLATTE AND RAY COUNTIES ' Rates Fringes http://frwebgate.access.gpo.qov/cgi-bin/getdoe.cgi?dbnamc=Davis-Bacon&docid=M0200... 8/19/2005 ' ' WAIS Document Retrieval Page 29 of 32 ' Truck drivers: • GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.68 8.75 GROUP 2. . .$ 24.11 8.75 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.59 8.75 TRUCK DRIVERS CLASSIFICATIONS ' GROUP 1: Mechanics and Welders, Field; A-Frame Low Boy-BOOM ruck Driver. ' GROUP 2: Articulated Dump Truck; Insley Wagoner Dump Trucks, Excavating, 5 cu yds and over; Dumpsters; Half-Tracks: Speedace: Euclids & similar excavating equipment Material ' trucks, Tandem Two teams; Semi-Trailers; Winch trucks-Fork trucks; Distributor Drivers and Operators; Agitator and Transit Mix; Tank Wagon Drivers, Tandem or Semi; One Team; Station Wagons; Pickup Trucks; Material Trucks, Single ' Axle; Tank Wagon Drivers, single Axle GROUP 3: Oilers and Greasers - Field TEAM0541-002 0312512000 BATES, CABS, CLAY, HENRY, JACKSON, JOHNSON, LAFAYETTE, PLATTE, ' AND RAY COUNTIES Rates Fringes ' . Truck drivers: Traffic Control Service Driver. . . . . . . . . . . . . . . . . . . . . .$ 14.15 2.44+a ' a. PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th,Labor Day, Thanksgiving Day, Christmas Day, Employee's ' birthday and 2 personal days. TEAM0682-002 05/01/2003 ' ST LOUIS CITY AND COUNTY Rates Fringes Truck drivers: GROUP1. . . . . . . . . . . . . . . . . . . . .$ 22.64 3.91+a+b GROUP2. . . . . . . . . . . . . . . . . . . . .$ 22.84 3.91+a+b GROUP3. . : : : : . . . . . . . . . . . . . . .$ 22.94 3.91+a+b GROUP 4. . .$ 22.12 3.91+a+b a. PENSION: $25.60 per day, $128.00 maximum per week. b. HAZMAT PREMIUM: If Hazmat certification on a job site is required by a state or federal agency or requested by ' project owner or by the employer, employees on that job site shall receive $1.50 premium pay. • TRUCK DRIVERS CLASSIFICATIONS ' GROUP 1 - Pick-up trucks; forklift, single axle; flatbed trucker job site ambulance, and trucks or trailers of a ' http://frwebgate.access,gpo.gov/cgi-bin/gctdoe.egi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 30 of 32 ' water level capacity of 11.99 cu. yds. or less ' GROUP 2 - Trucks or trailers of a water level capacity of • 12.0 cu yda. up to 22.0 cu yds. including euclids, epeedace ' and similar equipment of same capacity and compressors GROUP 3 - Trucks or trailers of a water level capacity of 22.0 cu. yda & over including euclids, epeedace & all ' floats, flatbed trailers, boom trucks, winch trucks, including small trailers, farm wagons tilt-top trailers, field offices, tool trailers, concrete pumps, concrete , conveyors & gasoline tank trailers and truck mounted mobile concrete mixers GROUP 4 - Warehousemen. ' FOOTNOTE FOR TRUCK DRIVERS: a. PAID HOLIDAYS: Christmas Day, Independence Day, Labor ' Day, Memorial Day, Veterans Day, New Years Day, Thanksgiving Day PAID VACATION: 3 days paid vacation for 60D hours of service , in any one contract year; 4 days paid vacation for 800 hours of service in any one contract year; 5 days paid vacation for 1,000 hours of service in any one contract ' year. When such an employee has completed 3 years of continuous employment with the same employer and then works the above required number of hours, he shall receive double • ' the number of days of vacation specified above. When such an employee has completed 10 years of continuous employment with the same employer and then works the above required number of hours, he shall receive triple the number of days ' of vacation specified above. When such an employee has completed 15 years of continuous employment with the same employer and then works the above required number of hours, ' he shall receive 4 times the number of days of vacation specified above. TEAM0682-003 05/01/2002 ' ST.CHARLES, FRANKLIN, JEFFERSON, LINCOLN AND WARREN COUNTIES Rates Fringes ' Truck drivers: GROUP1. . . . . . . . . . . . . . . . . . . . .$ 22.44 3.46+a+b+c ' GROUP2. . . . . . . . . . . . . . . . . . . . .$ 22.64 3.46+a+b+c GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 22.74 3.46+a+b+c GROUP4. . . . . . . . . . . . . . . . . . . . .$ 21.92 3.46+a+b+c a.PAID HOLIDAYS: Christmas, Fourth of July, Labor Day, ' Memorial Day, Veterans Day, to be celebrated on either its National Holiday or on the day after Thanksgiving, whichever is agreed upon by the Association and the Union, ' New Year's Day and Thanksgiving Day. • PAID VACATION: 3 days paid vacation for 600 hours of service ' in any one contract year; 4 days paid vacation for 800 hours of service in any one contract year; 5 days paid http://frwebgate.access.gpo.gov/cgi-bin/gctdoe.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 ' WAIS Document Retrieval Page 31 of 32 vacation for 1,000 hours of service in any one contract year. When such an employee has completed 3 years of • continuous employment with the same employer and then works ' the above required number of hours, he shall receive double the number of days of vacation specified above. When such an employee has completed 10 years of continuous employment with the same employer and then works the above required number of hours, he shall receive triple the number of days of vacation specified above. When such an employee has completed 15 years of continuous ' employmen with the same employer and then works the above required number of hours, he shall receive 4 times the number of days of vacation specified above. b.Pension: $22.80 per day either worked or compensated to a maximum ' of $114.00 per week. c.Hazmat Pay: If Hazmat Certification on a job site is required by a state or federal agency or requested by project owner or by the employer, employees on that job site shall receive $1.50 per hour premium pay. ' TRUCK DRIVER CLASSIFICATIONS: GROUP 1: Trucks or Trailers of a Water Level Capacity of 11.99 cu. yds. or less, Forklift Trucks, Job Site Ambulances, Pickup Trucks, Flatbed Trucks. GROUP 2: Trucks or Trailers of a Water Level Capacity of 12.0 ' • cu. yds. up to 22 cu. yde. , Euclids, Speedace and Similar Equipment of Same Capacity and Compressors. GROUP 3: Trucks or Trailers of a Water Level Capacity of 22.0 cu. yds. and over, Euclids and all Floats, Flatbed Trailers, Boom Trucks, Winch Trucks, Including Small Trailers, Farm Wagons, Tilt Top Trailers, Tool Trailers, Concrete Pumps, Concrete Conveyors, Gasoline TankTrailers, Truck Mounted Mobile Concrete Mixers, End Dump, Side Dump and Articulated Dump Trucks ' GROUP 4: Warehousemen. --'---^-------------------------------------------------'------- WELDERS - Receive rate prescribed for craft performing ' operation to which welding is incidental. OvQQiv6viavoCaQQ666a6vaQ466aQ66vvvCavRiav6iiav6aav6iivviQavpFQa6 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively • bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be ' prevailing. ----------^---------------------- -------------- --------------- ' http://frwebgate.access.gpo.gov/cgi-bin/gctdoc.cgi?dbname=Davis-Bacon&docid=M0200... 8/19/2005 WAIS Document Retrieval Page 32 of 32 ' WAGE DETERMINATION APPEALS PROCESS • 1.) Has there been an initial decision in the matter? This can ' be: • an existing published wage determination • a survey underlying a wage determination , • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling , On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted ' because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. , With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the ' Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division ' U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 • , 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator ' (See 29 CPR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator ' U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the 1 interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. ' 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: , Administrative Review Board U.S. Department of Labor ' 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. , vvevvvvvvvvvvvvvvvvvvvvvvvavvevvv vavvvvvevvevvuvvvuvvvvvvvvvvvv. • END OF GENERAL DECISION ' http://frwebgate.access.i,-po.gov/cgi-bin/},etdoc.cgi?dbname=Davis-Bacon&docid=MO200... 8119/2005 ' ' • AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW ' I, the undersigned, of lawful age, first being duly swom, state to the best of my information and belief as follows: ' 1. That I am employed as ' by 2. That was awarded a public works ' contract for Project No. 32080, CDBG Project(Pine, Chestnut,and E. High Streets). ' 3. That I have read and am familiar with Section 290,290 RSMo (1994 as amended)an act relating to public works contracts, which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' • 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as ' amended) FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT Subscribed and sworn to before me this _day of 20____. NOTARY PUBLIC 1 My Commission Expires: STATE OF MISSOURI ) ss • COUNTY OF 1 • EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, , of lawful age, ' first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by . 2. That was awarded a public works contract for Project No. 32080, CDBG Project(Pine, Chestnut, and E. High Streets). 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and • laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ' since no Missouri laborers or laborers from non-restrictive states are available or capable ' of performing FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT ' Subscribed and sworn to before me this_ day of 20_. ' NOTARY PUBLIC ' My Commission Expires: ' APPROVED BY: Director of Community Development, City of Jefferson, MO 1 • CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this--�—day of Z=4L 12005, by and between Lehman Construction, LLC hereinafter referred o as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". ' WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 32080, CDBG Project(Pine, Chestnut, and E. High Streets). NOW THEREFORE, the parties to this contract agree to the following: ' 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled"CDBG Project(Pine,Chestnut, and E. High ' Streets)" In accordance with the plans and specifications on file with the Department of Community Development. ' • 2. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 94 calendar days from the date Contractor Is ordered to proceed,which order shall be Issued by the Director of Community Development within ' ten (10)days after the date of this contract. 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and ' Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractorknows the prevailing hourly rate of wages forthis project because Contractor ' has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 12, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the ' names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the • Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman ' employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any 1 • subcontractor under the Contractor. ' 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ' (b) Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one ' person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. ' (d) Owner's Protective Liability Insurance -The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance ' • Policy naming the City and the City as the Insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 foranyone person In a single accident oroccurrence,except forthose claims governed ' by the provisions of the Missouri Workmen's Compensation Law, Chapter287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. ' (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in ' Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under ' Sub-paragraphs(b)and(c)hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations underthis contract,whether such operations be by the insured or by anyone I directly or Indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective I insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless Ithe general public liability and property damage policy(or rider attached thereto)of the • general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 5. Contractor's Responsibility for Subcontractors. • It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of Its subcontractors, and of persons either directly or Indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Liquidated Damages. The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the ' time above specified, or any extension thereof, or falls to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. ' • 7. Termination, The City reserves the right to terminate this contract by giving at least five(5)days prior ' written notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Its creditors, or if a receiver should be appointed for ' Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fall to observe or perform any provisions of the contract. ' 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7,then the City may take over the work and prosecute the same to completion, by contract or otherwise, and ' Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize In completing the work, such materials, appliances and ' structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are In addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. ' • 9. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, Its elected and appointed officials, employees, and agents from and against any and all claims,damages,losses,and expenses including attorneys'fees arising out 1 ' • of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to inluryto or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed byany of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described in this Paragraph. ' 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labordone, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used In the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and Invoices of all such purchases which shall be submitted to the City. ' • 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this ' contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 23, 2005 ' which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Two Hundred Seventy-Two Thousand ' Nine Hundred Thirty-Four Dollars and Zero Cents ($272,934.00). 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later ' than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor ' and materials, the payment of Insurance premiums for workers compensation Insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a ' form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 1 • 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and ' the attached specifications and has fully considered such local conditions In making Its bid herein. 1 ' 15. Severability. If any section,subsection,sentence,or clause of this Contract shall be adjudged illegal, Invalid, or unenforceable, such Illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the ' State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract,the City shall be entitled to recover its attorney's fees and expenses incurred In such action. 17. Contract Oocuments. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid This contract and the otherdocuments enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. ' Parties agree that this document Including those documents described In the section entitled "Contract Documents"represent the full and complete understanding of the parties. This contact Includes only those goods and services specifically set out. This ' contract supersedes all priorcontracts and understandings between the Contractorand the City. ' 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. ' in the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, Its reasonable attorneys fees, expenses and costs. ' 20. Amendments. This contract may not be modified,changed or altered by any oral promise or statement ' by whomsoever made; nor shall any modification of it be binding upon the City until • such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 1 • 21. Waiver of Breach . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. ' 22. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall Include a similar provision in all subcontracts let or awarded hereunder. 24. Notices. All notices required to be in writing may be given by first class mall addressed to City of Jefferson, Department of Community Development, 320 East McCarty, Jefferson ' • City,Missouri,65101,and Contractorat 603 Russellville Road,California,MO 65018. The date of delivery of any notice shall be the second full day after the day of its mailing. 1 1 1 1 l • IN WITNESS W EREOF,the parties hereto have set their hands and seals this day of - 2005. 1 CITY OF JEFFERSON CONTRACTOR Mayor itle: ICE�s,oe,..,r ATTEST: ATTEST: 1 ' City CI' k Title: APPROVED AS TO FORM: CI oun el :1 1 1 • 1 Bond #59157226 • PERFORMANCE. PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Lehman Construction, LLC ' hereinafter, referred to as "Contractor" and United Fire & Casualty Company ' a Corporation organized under the laws of the State of ' Iowa and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the ' City of Jefferson, Missouri hereinafter referred to as"Owner" Two Hundred Seventy-Two Thousand Nine Hundred inthepenalsumof_Thirty-Four Dollars and zero cents DOLLARS 272,934.00 ($ ), lawful money of the United States of America for the ' • payment of which sum, well and truly to be made, we bind ourselves and our heirs, ' executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the -7 day ' of &_D_D .20 0S,entered Into a written contract with the aforesaid Owner forfurnishing all materials,equipment,tools,superintendence,labor,and otherfacillties ' and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and In accordance with ' the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: • NOW THEREFORE, If the said Contractor shall and will, in all particulars,well,duly and ' faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law ' • and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true Intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after ' acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries ' and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or ' Its subcontractors In performance of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with ' Interest as provided by law: • PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the ' contract, or the work to be performed thereunder, or the specifications accompanying the same, shall In any wise affect its obligation on this bond and it does hereby waive ' notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said ' contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor Incurs by reason of an act or iomission, in any amount not exceeding the amount of this obligation together with Interest as provided by law: 1 • IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in Its name, and its corporate • seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at ' Jefferson City, Missouri on this the 7 day of 20.05-. United Fire & Casualty Company Lehman Construction, LLC ' SURETY COMPANY CONTRACTOR ' BY (SEAL) BY (SEAL) ' SEAL) BY (SEAL) Attom y-in-fact Kris L. Bennett (State Representative) ' • (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) 1 1 1 1 ACKNOWLEDGMENT BY SURETY 1 STATE OF Missouri County of Cole ss. ' On tills day of before me personally appeared Kris L.Bennett known to, me to be the Ationtcy-in-Fact of ' United Fire&Casualty Company the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same, ' IN WITNESS NNWEREOF, I have hercunio set my hand and affixed my oQicial scat,at my office in the aforesaid County,the day and year in tills certificate first above wittcn. ' Notary Public i the State of Missouri (Seal) County of Osage ' JANET HASLAG NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI COUNTY OF OSAGE My Commission Expires: October 18,2006 1 1 , r "270GEEF Ing ' UNITED FIRE&CASUALTY COMPANY HOME OFFICE-CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY ' (Original on file at Home Office of Company-See Certification) "NOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing ' rider the laws of the State of Iowa, and having Its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint LOUIS A. LANDWEHR, OR CHARLES E. TRAEUE, OR KRIS L. BENNETT, OR DEV J. BACKERS, ALL INDIVIDUALLY of JEFFERSON CITY NO 1 Its true and lawful Attorney(s)-In-Fact with power and authority hereby conferred to sign, seal and execute in Its behalf all lawful bonds, undertakings and other obligatory Instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of UNITED FIRE &CASUALTY COMPANY and all the acts of sold Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted Is continuous and shall remain in full force and effect until revoked by UNITED FIRE& CASUALTY COMPANY. This power of Attorney Is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V-Surety Bonds and Undertakings" Section 2,Appointment of Attorney-In-Fact. 'The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-tact to act in behalf of the Company In the execution of policies of Insurance, bonds, undertakings and other obligatory Instruments of like nature, The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature and seal,when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as ' though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such.instruments and to attach the seal of the Company thereto. The President or any Vice President,the Board of Directors or any other officer of the Company may at • any time revoke all power and authority previously given to any afforney-In-tact. ' IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by r Its vice president and its corporate seal to be hereto affixed this 19th day of October, 2003 ' `rCOlPC141t UNITED FIRE &CASUALTY COMPANY Ln I owe By / Vice President ' State of Iowa,County of Linn, ss: On 19th day of October, 2003, before me personally came Randy A. Ramlo to me known,who being by me duly sworn,did depose and say;that he reslde,In Cedar Rapids, State of Iowa;that he is a Vice President of the UNITED FIRE&CASUALTY COMPANY, the corporation described In and which executed the above Instrument;that he knows the seal of said corporation;that the seal affixed to the said Instrument is such corporate seal;that It was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed hl ame thereto pursuant to like authority, and ' acknowled es same to be the act and deed of said corporation. •��� PATTI WADDELL N to u 1c T. cOMM1421011 NUMEER 713271 • • MY COMMISSION EXPIRES My commission expires: 10/26/2007 ' ow /O•dC.07 1, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth In said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the some are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company y this day of 20 —. � COIIOt1TE Secretary SONDOO19 0802 01 ' • United Fire Group Fidelity &- Surety Depantnenl ' POLICYHOLDER DISCLOSURE 1 ' NOTICE OF TERRORISM INSURANCE COVERAGE SURETY BONDS ' You should know that, effective November 26, 2002, any losses sustained by the surety caused by certified acts of terrorism would be partially reimbursed to the surety by the United States under a formula established by federal law. Under this formula, the United ' States pays 90% of covered terrorism losses exceeding the statutorily established ' • deductible paid by the surety providing the coverage. The portion of your bond premium that is attributable to coverage for acts of terrorism is S 0.00. Before any charges are ' added for terrorism coverage in future surety products you purchase, you will be able to make a coverage election for a then specified premium charge. tThe existence of the federal terrorism insurance program does not affect the obligations ' you assume in the indemnity agreement. 1 • HOME OFFICE, 116 Snood Air,SE.PO Box"39[)9.Cedar Rapids.IA 57407.39U9 Phone: NQ-Pil-Mo rAx 319.3ue.542,< 1 ' T JNITED FIRE&CASUALTY COMPAW D UNITED LIFE INSURANCE COMPANY •.18 Second Avenue, S.E„ Post Office BOX 73909 Cedar Rapids, Iowa 52407 ' NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at the address and phone number below: United Fire & Casualty Company ' ATTENTION: Bond Department P.O. Box 73909 Cedar Rapids, Iowa 52407 ' 800-343-9130 1 1 PH: 319399.5700 FAX:319399.5499 ACORD. CERTIFICATE OF LIABILITY INSURANCE HMOP A R DATE(MMmD LEHMA-1 08/26/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Winter-Dent 6 Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. rson City MO 65102-1046 e: 573-634-2122 Fax:573-636-7500 INSURERS AFFORDING COVERAGE NAIL# INSURED INSURER A: United Fin o Casusity cane" 13021 INSURER American interstate insurance Lehman Construction, LLC INSURERC: 603 Russellville Road INSURER D: California MO 65016 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 11113 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER pATODE MM/Op1YY DATE D Y LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1000000 A X COMMERCIAL GENERALLIABIIITY 60321119 03/28/05 03/28/06 PREMISES A G Ea�nce $ 100000 CLAIMS MADE X�OCCUR MED EXP(Any me perm) S5000 PERSONAL S ADV INJURY S 1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMWOP AGO $2000000 POLICY X JELQT LOC AUTOMOBILE LIABILITY A X ANYAUTO 60321119 03/28/05 03/28/06 COMBINED SINGLE LIMIT $ 1000000 (Ea tddenq ALL OWNED AUTOS BODILYINJURY f BCHEDULEDAUTOS (Per poison) X HIREOAUTOS INSURAN E NEVI BODILY INJURY $ X NON-OWNEOAUTOS (Par acci dent) 13y. PROPERTY DAMAGE S i (Per awdent) MANAGE LIABILITY OBle. AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EAACC S AUTO ONLY: AGO S EXCESSAIMBRELLA UABIUTY EACH OCCURRENCE $ 1000000 A X7 OCCUR M CLAIMSMADE 60321119 03/28/05 03/28/06 AGGREGATE S1000000 f DEDUCTIBLE S X RETENTION S10000 IS WORKERS COMPENSATION AND X 18RYLIMIT3 I I EI B EMPLOYERS'LIABILITY AVWCM01354742005 03/28/05 03/28/06 E.L.EACH ACCIDENT i$ 50000O ANY PROPRIETOWPARTNEIUIIXECUTIVE OFFICEWAIEMBER EXCLUDED7 E.L.DISEASE•EA EMPLOYE 5500000 R eT.describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S 500000 OTHER A Leased/Rented Eq 60321119 03/28/05 03/28/06 $500 dad 350000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS RE: CDBG Project (Pine, Chestnut, and E. High Streets) , Project #32080 CERTIFICATE HOLDER CANCELLATION JEFFE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO • DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL City Of Jefferson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 East McCarty REPRESENTATIVES. Jefferson City MO 65101 A 1H RIIE EPRE r ACORD 2E(2001108) CACORD CORPORATION 196E IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les)must be endorsed.A statement , on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may ' require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER ' The Certificate of Insurance on the reverse side of this form does not constitute a contract between , the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ' AcoRD 25(2001108) ' Rd INSURANCE BINDER OPID R °08%29/2005 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, AGENCY COMPANY SINGER 9109 United Fire 6 Casualty Compan r-Dent 6 Company DATE EFFECTIVE TIME DATE TIME P. Box 1066 X AM X 12:01 AM Jefferson City MO 65102-1046 09/06/05 12:00 PM 11/06/05 NODN AIC,NO.E.t: 573-634-2122 NC,NO: 573-636-7500 THIS BINDER IS ISSUED 70 EMEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 080277 SUB CODE: PER EXPIRING POLICY.; BNDR—OCP—UF CUSTOMERID: LEHMA-1 DESCRIPTION OF OPERATIONSIVEHICLESNROPERTY(Including Locallon) INSURED OCP for CDBG Project (Pine Chestnut, 6 E. City of Jefferson High Streets) , Project #32680 320 E. McCarty Street Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE I COINS% AMOUNT PROPERTY CAUSES OF LOSS BASIC [7 BROAD O SPEC GENERAL LIABILITY EACH OCCURRENCE S1000000 COMMERCIAL GENERAL LIABILITY NAAMD PAR MISES S CLAIMS MADE OCCUR MEDEXP(Anyonapenon) $ X oan.r c Contactor Prot. PERSONAL&ADV INJURY S GENERAL AGGREGATE s2000000 RETRO DATE FOR CLAIMS MADE: PRODUCTS•COMPIOPAGG S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f AUTO BODILY INJURY IPer penon) S _OWNEOAUTOS BODILY INJURY(Per Occident) S SCHEDULEDAUTOS PROPERTY DAMAGE S HIREDAUTOS MEDICAL PAYMENTS S NONOWNEDAUTOS PERSONAL INJURY PROT f UNINSURED MOTORIST $ S AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLUSION'. STA7E0 AMOUNT S OTHER THAN COL: JOTHER GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACRACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLAFORM AGGREGATE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF•INSUREO RETENTION S WC STATUTORY LIMITS WORKER'S A OOMPENSATION E.L.EACH ACCIDENT f EMPLOYER'S LIABILITY E.L.DISEASE•EA EMPLOYEE f E.L.DISEASE•POLICY LIMIT S P IAL Lehman Construction, LLC is responsible for payment of pramium and audit. FEES S InONB COVERAGES TAXES S ESTIMATED TOTAL PREMIUM S NAME b ADDRESS MORTGAGEE ADDITIONAL INSURED • LOSS PAYEE LOAN a AUTHORIZED REPRE6 TATVE ACORD T!(2004109) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE ®ACORD CORPORATION 1993.2004 CONDITIONS This Company binds the kind(s)of insurance stipulated on the reverse side. The Insurance Is subject to the , terms, conditions and limitations of the policy(les)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company ' stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions,This binder Is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the t Rules and Rates in use by the Company. 1 Applicable in California , When this form is used to provide Insurance in the amount of one million dollars ($1,000,000)or more,the title of the form Is changed from"Insurance Binder"to"Cover Note". Applicable in Colorado ' With respect to binders Issued to renters of residential premises, home owners,condo unit owners and mobile home , owners, the Insurer has thirty(30)business days, commencing from the effective date of coverage,to evaluate the issuance of the Insurance policy. Applicable In Delaware The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a lien on real ' property shall accept as evidence of Insurance a written binder Issued by an authorized insurer or its agent if the binder Includes or Is accompanied by: the name and address of the borrower; the name and address of the , lender as loss payee; a description of the Insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten(10)days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of ' Insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable In Florida ' Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder Is required unless the , duration of the binder exceeds 60 days, For auto Insurance, the Insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder In the same company. Applicable in Nevada , Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof is ' required: (A)Shall be fined not more than$500.00, and (B) is liable to the party presenting the binder as proof of Insurance for actual damages sustained therefrom. ' ACORD 15(2004109) , ' • GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified asset forth ' in the Special Provisions. GP-1 CONTRACT DOCUMENTS ' It Is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions,Bid,Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound In this ' Volume. Plans,all Addenda thereto Issued prior to the time of opening bids for the work,all of which are hereto attached,and other drawings,specifications,and engineering data which may be furnished bythe Contractor and approved by the Owner,together with such additional drawings which may be furnished ' by the Engineer from time to time as are necessary to make clear and to define In greater detail the Intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. ' The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The Intention of the Documents is to Include the furnishing of all materials,labor,tools,equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. • The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall ' be filed as follows: One (1)wlih the City Clerk of the City of Jefferson One (1)with the Jefferson City Director of Community Development ' One (1)with the Contractor GP-2 DEFINITIONS ' Wherever any work or expression defined in this article, or pronoun used In its stead, occurs in these contract documents, It shall have and is mutually understood to have the meaning herein given: ' 1. "Contract"or"Contract Documents"shall include all of the documents enumerated In the previous article. 2. "Owner","City",or words"Party of the First Part",shall mean the party entering Into contract to ' secure performance of the work covered by this Contract and his or Its duly authorized officers or agents. Generally this will be the"City of Jefferson". 3. "Contractor"or the words "Party of the Second Part"shalt mean the party entering Into contract ' for the performance of the work covered by this contract and his duly authorized agents or legal representatives. ' 4. "Subcontractors"shall mean and refer to a corporation,partnership,or Individual having a direct contract with the Contractor, for performing work at the Job site. • 5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (i.e., the Engineering Division Director). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized 1 by the Engineer Ilmited to the particular duties entrusted to him or them as subsequently set forth • ' herein. 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the ' successful bidder's proposal is accepted by the City. 8. "Day"or"days", unless herein otherwise expressly defined, shall mean a calendar day or days ' of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be , furnished under this contract, unless some other meaning Is indicated by the context. 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared bythe ' Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work,as provided for herein. , 11. Whenever in these contract documentsthe words"as directed","as required","as petmltted","as allowed", or words or phrases of like import are used, It shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is Intended. ' 12. Similarly the words"approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", or words of like effect and Import, unless otherwise particularly specified herein, shall mean , approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made In these Contract Documents containing the expression"it is • ' understood and agreed"or any expression of the like Import,such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard ' Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. 15. "Consultant" shell mean the firm, company, Individual, or Its/his/her duly authorized ' representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. ' GP-3 THE CONTRACTOR It Is understood and agreed that the Contractor, has by careful examination satisfied himself as to the ' nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work,the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer,agent or ' employee of the City,either before or after the execution of this contract,shall affect or modify any of the terms or obligations herein contained. The relation of the Contractor to the City shall be that of an independent contractor. , GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the ' work In process on behalf of the City by a series of periodic visits to the job site. He shall have authority - to act on behalf of the City. , The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during 1 ' • construction is to the City to endeavor to protect defects and deficiencies In the work. ' Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor,but not specified or required,if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surely bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with ' the terms and Intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and Immediately following the ' acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used,or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said ' contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate In the ' state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes ' • irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended, all payments or money due the Contractor withheld, and the contract ' completed as hereinafter provided. GP-6 INSURANCE GP-6A GENERAL: The Contractor shall secure,pay for and maintain during the life of the Contract,Insurance of such types ' and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts,form and companies satisfactory to the City. The Insuring company shall deliver to the City certificates of all Insurance required, signed by an ' authorized representative and stating that all provisions of the following specified requirements are complied with. All certificates of Insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of Insurance shall be delivered to the City prior to the time that any operations under this contract are started. ' All of said Contractor's certificates of Insurance shall be written In an Insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY& PROPERTY DAMAGE LIABILITY INSURANCE ' • (1) Bodily Injury Liability Insurance coverage providing limits for bodily Injuries,Including death,of not less than$2,000,000 per person and $300,000 per occurrence. ' (2) Property Damage Liability Insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than$2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY A PROTECTIVE PROPERTY • ' DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) ' (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily Injury or death. (2) Property Damage Liability providing limits of at feast $2,000,000 per occurrence and $2,000,000 ' aggregate. GP-6.4 CONTRACTUAL LIABILITY ' Property Damage coverage with$2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE ' The Contractorshall purchase and maintain Owner's Protective Liabllityand Property Damage insurance ' Issued in the name of the Owner and the Engineer as will protect both against any and ail claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such Insurance shall be the same as required for Bodily Injury Liability and ' Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS ' The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative to: • , (1) Blasting or explosion. (Consult Technical Specifications Part 1 for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, ' mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of,or structural Injury to,any building or structure on or adjacent to the City's premises, , or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE ' LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with ' Bodily Injury or Death Limits of not less than$300,000 per person and$2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or ' separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.6 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION ' Employer's and Workmen's Compensation Insurance as will protect him against any and all claims ' resulting from Injuries to and death of workmen engaged in work under this contract,and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with • a limit of$300,000 per person. The "All State"endorsement shall be Included. In case any class of employees is not protected under the Workmen's Compensation Statute, the ' Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as 1 1 • will protect him against any claims resulting from Injuries to and death of workmen engaged in work under this contract. ' GP-6.9 INSTALLATION FLOATER INSURANCE This Insurance shall insure and protect the Contractor and the City from all Insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance,when In warehouses or storage areas, during Installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed forthe circumstances which mayoccur in the particular ' work included in this contract. The coverage shall be for an amount not less than the value of the work at completion,less the value of the material and equipment Insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or ' Installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses,if any,to be adjusted with and made payable to the Contractor and the City as their interests may appear. ' lithe aggregatevalue of the City-iumlshed and Contractor-furnished equipment Is lessthan$10,000 such equipment may be covered under Builder's Risk Insurance, and If so covered, this Installation Floater Insurance may be omitted, ' GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES ' For the considerations in this agreement heretofore stated,in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other • temporary structures, scaffolding and staging, protective lances, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by,arising out of or incident to larceny, theft,or any cause whatsoever(except as hereinbefore provided)to the structure on which the ' work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials,and supplies necessary to the work. ' GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs, expenses,judgments,or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants,acts, matters,or things by this contract undertaken to be done or performed,or for the Injury,death or damage ' caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men,orsuppllers of machinery and parts thereof,equipment,power tools and supplies incurred In the fuliiliment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give the details as to the happening,the cause as tar as can be ascertained,the estimate of loss or damage done,the names of witnesses, if any, and stating the amount of any claim. • GP-7 ASSIGNMENT OF CONTRACT ' The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though 1 consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fall • , to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. ' GP-8 SUBCONTRACTS,PRINCIPAL MATERIALS& EQUIPMENT Prior to the award of the contract, the Contractor shall submit for approval of the City a list of ' subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. The Contractor agrees that he is as fully responsible to the City for the acts and Omissions of his , subcontractors and of person either directly or Indirectly employed by them as he Is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as ' notice to any affected subcontractors. Nothing contained In the Contract Documents shall create any contractual relation between any subcontractor and the City. ' No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in Its behalf to any subcontractor,material supplier or , other person In any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford ' other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. • If any part of the Contractor's work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. ' His failure so to Inspect and report all constitute an acceptance of the other contractors work as fit and proper forthe reception of his work,except as to defects which may develop in the other contractors work after the execution of his work, ' Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract,the respective rights of the various Interests Involved shall be established by the Engineer, ' In order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature , and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing , facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS ' It Is agreed that all royalties for patents or patent claims, Infringement whether such patents are for , processes or devices,that might be involved in the construction or use of the work, shall be Included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such • and shall be liable for any damages or claims for patent Infringements,and the Contractor shall at his own expense,defend any and all suits or proceedings that may be Instituted at any time against the City for ' Infringement or alleged Infringement of any patent or patents involved In the work,and In case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. ' 1 • GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS ' GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement,but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not In the other,shall be executed just as if it has been set forth in both,in order that the work shall be completed according to the complete design of the Engineer. ' Should anything be omitted from the Specifications and Plans which Is necessaryto a clear understanding of the work,or should it appear various instructions are in conflict,then the Contractor shall secure written Instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and Intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES ' The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the • conditions on the ground,or any error or omission in plans, or in the layout as given by stakes, points, or Instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as it originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point,shall be regarded as meaning that only the best general ' practices,as accepted by the particular trades or Industries Involved, shall be used. GP-12A STANDARD SPECIFICATIONS ' Reference to standard specifications of any technical society,organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids,unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT ' The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract,to the end that said work Is performed, in substantial accordance with the plans and specifications therefor. ' The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies In the work. • The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative,the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free • , at all times to perform their duties, an intimidation or attempted Intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the , contract. Such construction representation shall not relieve the Contractorfrom anyobligation to perform said work , strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer,without reference to any previous oversight in observation of work. Any defective material or workmanship maybe rejected by the Engineer , at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and ' specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. All condemned work shall be promptly taken out and replaced by satisfactory work,and all condemned ' materials shall be promptly removed from the vicinity of the work. Should the Contractor fall or refuse to complywith instructions In this respect the City may,upon certification bythe Engineer,withhold payment ' or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer,and If so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City , shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. • The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and , shall furnish any Information required concerning the nature or source of any material which he proposes to use. , GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes,and ' continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary Information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall ' maintain these lines, grades,and bench marks and use them to lay out the work he Is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before ' stakes are required, No claims shall be made because of delays if the contractors fall to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become ' damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes,bench marks, ' or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ' The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or • manufacture,or which has been damaged after delivery. This Includes the furnishing of all materials and ' labor required for replacement of any Installed materials which is found to be defective at anytime prior to the expiration of one year from the date of final payment. • The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided bythe Contractor at his sole cost and expense. GP-17 POWER ' All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. ' GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions ' given to him shall be as binding as If given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen,and other employees necessary in the construction and execution of the work contemplated ' and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, Intemperate or Incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It Is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-18 MAINTENANCE OF TRAFFIC • Whenever any street is closed,the Police Department,Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project It ' applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the"Manual on Uniform Traffic Control Devices". Throughout the project, wherever homes are served directly from a street or portion of a street which Is ' to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for It. ' GP-20 BARRICADES AND LIGHTS All streets,roads,highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall ' be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers,signs,and lights to the extent that adequate protection Is provided to the public. Obstructions, such as material piles and ' equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public ' streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be Installed and maintained in conformity with applicable statutory requirements, and In conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades,signs, lights and other protective devices will be furnished, Installed • and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES • , Pipe lines and other existing underground installations and structures in the vicinity of the work to be done , hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines,conduits and structures by contacting owners of underground utilities and by ' prospecting In advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found In locations different than those indicated, shall not constitute a claim for , extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their ' owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be ' moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged ' by excavation but not In direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully , responsible for the protection of all persons Including members of the public,employees of the City and employees of other contractors or subcontractors and all public and private property including structures, • ' sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractorshall furnish and maintain all necessary safety equipment such as barriers,signs,warning ' lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall ' make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safely of life or of the work or of adjoining property,the Contractor,without ' special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration, ' The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or ' performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or ' poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS • Neither observation of work by the City or any of their officials, employees, or agents, nor any order by ' the City for payment of money, or any payment for, or acceptance of,the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or Its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City,or any ' • right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. ' GP-26 USE OF COMPLETED PORTIONS If desired by the City,portions of the work maybe placed in service when completed or partially completed and the Contractorshall give proper access to the work forthis purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner,without invalidating the Contract,may order additional work to be done in connection with the Contract or may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not Inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued ' and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made • unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered, If the modification or alteration Increases the amount of work to be done,and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price Items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise,such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. ' Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowancelo the Contractor for any actual loss incurred In connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and ' which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments Is not clearly defined in the contract documents, ' Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and it found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. • The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: • , (a) The term "Extra Work" shall be understood to mean and Include all work that may be required to , accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. ' (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined ' by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum , 3. Method C: If neither Method A or B can be agreed upon before the work is started,then the work , shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK ' The Owner may at any time suspend the work, or any part thereof by giving ten (1(l) days notice to the ' Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid,and if the Owner • does not give notice in writing to the Contractor to resume within a reasonable period of time,then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-29 OWNER'S RIGHT TO DO WORK ' If the Contractor should neglect to prosecute the work properly or fall to perform any provision of this , contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT , If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the , benefit of his creditors,or if a receiver should be appointed on account of his insolvency,or if he should persistently or repeatedly refuse or should fall,except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or If he should fall to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the , Instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and alter giving the Contractor five(5)days written notice,terminate the employment of the Contractor and take possession , of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such case, no further payment will be made the Contractor until the work is finished. If the unpaid , balance of the contract price shall exceed the expense of finishing the work, Including compensation for additional managerial and administrative services,such expenses shall be paid to the Contractor. If such • expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT ' If the work should be stopped under an order of any court, or other public authority, for a period of three ' • months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and ' recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done,of from the action of the elements,or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other ' natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne bythe Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m.,nor on Sundays or legal holidays, without the written approval of the City, However, work necessary In case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of ' the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS ' During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall • be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken bythe Contractor to perform the work in a proper and satisfactory manner. ' GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise In each case,all materials and equipment furnished for permanent Installation in the work shall be new, unused,and undamaged when Installed or otherwise incorporation In the work. No such material or equipment shall be used by the Contractor for any purpose other then that intended or specified, unless such use is specifically authorized by the Engineer in each case. 1 GP-36 DEFENSE OF SUITS In case any action at law or suit In equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts,matters,or things by this contract undertaken to be done or performed,or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or hls or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies Incurred in the fulfillment of this contract,the Contractor shall Indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions • or events discovered or occurring during the progress of the work. ' GP-37 CONTRACT TIME The time for the completion of the work is specified and It Is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition • , unless suspension of the work for such conditions was authorized in writing by the Engineer. ' If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day Is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over ' unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, ' Sundays, and City holidays will not be counted as working days any time during the year. GP-38 CONTRACT TIME EXTENSION ' The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable ' to work due to causes beyond his control,he shall state his reasons in writing,furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause ' for the delay has ceased to exist. GP-38 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore Important that the work be pressed ' vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set • ' out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the ' contract,and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety shell be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of It after the expiration of the specified time, or after any extension of the ' time, shall In no way operate as a waiver on the part of the City or any of its rights under the contract. OP40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT ' Contractor will be paid for quantities actually constructed or performed as determined by field ' measurement (except as may be hereinafter provided) at the unit price bid for the Items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be Included In bid Items. ' (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done In ' accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. (c) LUMP SUM ITEMS , Payment for each lump sum Item shall be at the lump sum bid for the Item,complete in place,and shall • Include the costs of all labor, materials, tools, and equipment to construct the Item as described herein and to the limits shown on the plans. ' • (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 100%of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is readyfor final Inspection and acceptance,the Engineerwill ' promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly Issue a final certificate,over his own signature,stating that the work required by this contract has been completed and Is acceptable by him under the terms and ' conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage,shall be paid to the Contractor by the City of Jefferson within thirty(30) days after the date of said final certificate. ' (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the ' Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-41 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof,from all claims and liability to the Contractor for anything done ' • or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. GP-42 CERTIFICATIONS GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered In triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at its option, may perlorm or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated Into the work. GP-43 LOCAL PREFERENCE ' In making purchasesorin letting contracts forthe performanceof anylob or service,the purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business ' within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised Is equal or better and the price quoted is the same or less. 1 GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases In excess of$5,000,the City shall select products manufactured,assembled or produced ' in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American • products in the performance of the contract. GP-45 AWARD OF CONTRACT-REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all 1 subcontractors and suppliers who the contractor Intends to use on the project. Compliance with this • , requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid Is ' reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or walver is in their interest. ' GP.4S AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS'CONTRACTS LAW Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall ' file with the City of Jefferson,Missouri, Department of Community Development,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290,RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall ' not Issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT ' Whenever there is a period of excessive unemployment in Missouri, which Is defined as any month Immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S.Bureau of Labor Statistics in Its monthly ' publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available • ' or are Incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this ' provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted , state laws restricting Missouri laborers from working on public works projects In that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and Intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND ' MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that ' the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended),when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses ' are Incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses Incurred. Any contractor who falls to comply with the requirements of hiring only Missouri laborers or laborers from , non-restrictivesfates,absent statutory exceptions,wheneverthere is a period of excessive unemployment In Missouri,agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liabilitythat may ' be assessed against it or any additional expenses Incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. - END OF GENERAL PROVISIONS , • SPECIAL PROVISIONS ' FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 PARTIAL ACCEPTANCE OF BID The City reserves the right to accept any part or all of the bid for the project. ' SP-2 PRE-CONSTRUCTION CONFERENCE ' Prior to starting work,a pre-construction conference will be held to discuss the project, Its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner,the Engineer,the Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to Invite. The work schedule specified In Section IB-23 of the Information for Bidders will be submitted at the conference. SP-3 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Section 290.210 through 290.340 inclusive of the Revised Statutes of Missouri,is a requirement of this contract. (Reference Section I13-20) • Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-4 PROOF OF INSURANCE All certificates of Insurance provided for this project shall be Insured directly from the company affording coverage. Certification from a local agent in not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is Included, a statement of the amount of that aggregate available to date shall also be attached. SP-6 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri ' Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract,Technical Specifications, General Provisions, Special Provisions, Detalt Plans, and any special or specific Specifications as Included In the contract documents. ' All construction details Included with the plans and attached hereto shall be used in constructing this project. The City's Technical Specifications for use an this project shall be the"CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER, 2000".These specifications can • be found on the Cily's website at www.leffcitymo.oro and are available upon request from the Department of Community Development. SP-6 PROTECTION OF ADJACENT PROPERTIES • ' Surface water shall be diverted and otherwise prevented from entering or damaging adjacent , property as a result of precipitation during construction. SP-7 ACCESS TO ADJACENT PROPERTIES , Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the Inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other , Items that maybe inaccessible during construction activities.The contractor shall provide for vehicular access to all adjacent properties at the end of each working day. Pedestrian access shall be maintained at all times. Suitable access shall be provided across , trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-8 UTILITIES ' The Contractor shall expose all utility crossings to establish location and depths prior to ' construction.The necessary adjustment of utility services such as water, gas, telephone,electric and sanitary sewer, including meters, valves, manholes and other appurtenances not spec(f(cally called out on the plans shall be subsidiary to the work. SP-9 ROCK REMOVAL , No explosives shall be used on this project. Rock shall be removed by mechanical chipping,Jack- • , hammering or other methods approved by the Engineer. SP-10 STREET CLOSURE, PROJECT PHASING,AND TRAFFIC CONTROL For this project the contractor may close Pine Street and Wail Way for their reconstruction as well ' closing Chestnut Street for the Installation of the stormwater pipe.All other streets are to remain open to traffic with the contractor maintaining traffic by use of flaggers or other means acceptable to the engineer and meeting the requirements of the MUTCD.The contractor in closing the street , shall meet the notification of closure specified in GP- 19 as well as notifying adjacent landowners. A traffic control plan has been provided for the street closures. On all streets open to traffic the contractor shall provide the necessary traffic control personnel, such as flagmen, and any signing, ' warning devices and signs necessary as established by the MUTCD to maintain traffic flow.A typical minimum sign requirement has been provided in the traffic control plan. Ali work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, , cones,and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. SP-1 SP-1 1 CONSTRUCTION STAKING ' The construction staking for this project will be the responsibility of the contractor. SP-12 3"ROLLED STONE BASE , Payment for 3"Rolled Stone Base shall be made by square yard measured from back of curb to ' back of curb, plus one(1)foot. Any additional thickness necessary under the curb and gutter section, that might be needed if the curb and gutter section is placed separately, shall be • subsidiary to this Item. No additional payment will be made. ' • SP-13 TOPSOIL IN AREAS TO BE SEEDED OR SODDED ' The top six(6)Inches of all areas of the project to be seeded or sodded shall be free of rocks, stones and clods prior to seeding.This may require the contractor to utilize a mechanical rock rake, hand picking of stones,and/or placement of six (6)Inches of clean topsoil In those areas to be seeded or sodded. No direct payment will be made for this requirement. All areas to be seeded or sodded shall be Inspected prior to seeding and mulching.Any deficiency shall be corrected prior to the seed application. ' SP-14 USE OF PRECAST STRUCTURES Precast structures will not be allowed for this project. SP-15 SURFACE REPAIR FOR STREETS For all trenches cut through the street the surface repair shall follow the Patching and Backfilling ' Paved Streets detail in the City of Jefferson Standard Drawings. SP-16 CONCRETE CANTILEVER RETAINING WALLS ' The plans do not show profiles for the concrete cantilever retaining walls.The contractor shall construct the retaining wails with a stepped foundation so that the base of the footing is no less than 36"from the finished grade. ' SP-17 HANDRAIL ON STAIRS • The handrail and stairs have been drawn to match the survey data.Variations may exist that ' dictate slight variation in riser height and handrail length and angle. Because of this possible variation, the steps should be located and built first, then the handrail should be fabricated to match the stairs. ' P-18 TEMPORARY SURFACING Temporary surfacing shall be utilized in order to provide vehicular access to adjacent properties at ' the end of each working day.The contractor shall maintain this surfacing in a safe and reasonably smooth condition as long as it is in use.The surfacing shall be crushed stone that meets the requirements of paragraph 1007.2 of Missouri Highway Specifications for Type 2 Aggregate, ' Gradation A unless the engineer agrees to a different gradation because of site conditions. SP-19 MODULAR BLOCK WALL The modular block wall as shown on the plans shall be considered a layout only.The contractor shall retain a engineer licensed In the state of Missouri to prepare a final wall design, or shall provide sealed shop drawings for the modular block wall design as provided by the manufacturer. The contractor shall submit a set of stamped engineer drawings for review and approval prior to the construction of the wall.The blocks used In the wall shall be Versa•Lok Standard Blocks with the Weathered Option and shall be grey in color, or approved equal.The blocks must be solid, no hollow core blocks will be accepted. ' SP-20 CHAIN LINK FENCE The contractor shall remove the existing fence to the extent necessary to build the Improvements. He shall replace the fence with new material in the same location and in the same configuration • as the original fence. SP-21 DATE OF NOTICE TO PROCEED , The Contractor is hereby made aware that if the contract Is approved as scheduled on September • ' 9,2005 the Notice to Proceed will be Issued for September 12, 2005. SP•22 WAGE ORDERS This contract contains both the state and federal wage orders. The contractor is to pay the highest , listed rate for each Individual trade. SP-23 SEQUENCING AND EROSION CONTROL ' The contractor shall sequence the project in a manner acceptable to the engineer that will limit the potential of sediment being transported from the site. , SP-2 4 CONTRACT DAYS This contract is based on calendar days and as such any provision concerning working days is not ' applicable. SP-26 MEASUREMENT AND PAYMENT ' Item No. 1 -Construction Signage and Traffic Control This Item shall Include all labor, material, equipment, and services necessary to provide ' the signage shown on the traffic control plan, and all barrels, cones,flaggers,and other apparatus needed to meet the requirements of the MUTCD.The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. , Item No.2-Removals This Item shall Include all labor, material, equipment, and services necessary to remove , the improvements on the site.The requirements for these removals Is contained In the Technical Street Specifications TS-1.2 to TS-1.2.4.The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. , Item No. 3- Earthwork This Item shall Include all labor, material, equipment, and services necessary to grade the ' site to the elevations shown on the plans.This work consists of but is not limited lo, hauling, placement, compaction, subgrade preparation, and finish grading. it shall also Include the necessary placement and grading of topsoil materials in areas that are to be vegetated.The work provided herein will not be measured for payment, but will be ' considered a lump sum unit and will be paid at the lump sum bid price. Item No.4 -Rock Excavation This Item shall Include all labor,material,equipment,and services necessary for the ' mechanical removal of rock. Rock is defined as being sandstone, limestone, chart, granite, sillstone,quartzite,slate,shale,occurring in its natural undisturbed stale,hard and unweathered or similar material in masses more than 1 Y2 yard In volume, in ledges ' six(6)Inches or more in thickness.The work provided herein will be measured by the cubic yard, and will be paid in a like fashion at the unit price. Item No. 5-Structural Concrete ' This Item shall Include all labor, material, equipment, and services necessary for the forming, placement, and finishing of all concrete, Inclusive of the reinforcing steel, for the • retaining walls, steps, landings, straight back curb, and stoop. Further It shall include all ' 1 ' backfill and filter fabric. The work provided herein will be measured by the cubic yard of • concrete used, and will be paid in a like fashion at the unit price. Item No.6-Solid Modular Block Wall This Item shall Include all labor, material, equipment, and services necessary for the final design, and construction of the block wall, and Includes all excavation necessary to Install the wall, all fill behind the wall, construction and compaction of the base material, geogrid, blocks, pins and any other material required for Its construction,except for the cap blocks. The work provided herein will be measured by the square fool of the wall face In a vertical ' plane. Payment will be made by the square fool of wall face in a vertical plane at the bid price. Item No. 7-Solid Block Wall Cap ' This Item shall include all labor, material, equipment, and services necessary for the placement of the modular cap units.This item shall also Include the adhesive.The work provided herein will be measured the linear foot of wall with payment being made by the linear fool of wall at the at bid price. Item No, 8-4'x 3'Type A Inlet This item shall include all labor, material, equipment, and services necessary for the ' construction of a 4'x 3'Type A Inlet as shown on the Plans and detailed in the City of Jefferson Standard Details. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid price. ' Item No.9-6'x 3'Type A Inlet This Item shall Include all labor, material, equipment, and services necessary for the construction of a 6'x T Type A Inlet as shown on the Plans and detailed in the City of ' • Jefferson Standard Details. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid price. Item No. 10-4'x 4'Junclion Box This item shall Include all labor, material, equipment, and services necessary for the construction of a 4'x 4'Junction Box as shown on the Plans and detailed in the City of Jefferson Standard Details. The work provided herein will be measured per each junction ' box constructed,and will be paid in a like fashion at the bid price. Item No. 11 -4'x 2.5'Grated Inlet This item shall Include all labor, material, equipment, and services necessary for the ' construction of a 4' x 2,5'Grated Inlet as shown on the Plans and detailed in the City of Jefferson Standard Details. The work provided herein will be measured per each inlet constructed, and will be paid In a like fashion at the bid price. ' Item No. 12- 18"Dia. RCP Class III This item shall Include all labor, material, equipment, and services necessary for the Installation of 18" Dla. RCP as shown on the Plans, and as specified In the City of Jefferson Standard Specifications and Standard Details.This shall Include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair.This Item does not Include any rock excavation, as it will be paid under a separate Item.The work ' provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 13- 18"Die. HDPE ' This Item shall Include all labor, material, equipment, and services necessary for the Installation of 18" Die. HDPE as shown on the Plans, and as specified in the City of • Jefferson Standard Specifications and Standard Details.This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair.This Item does t not Include any rock excavation, as it will be paid under a separate item.The work , provided herein will be measured by the linear fool of installed pipe, and will be paid in a • like fashion at the unit price. ' Item No. 14-24"Die, HDPE This Item shall include all labor, material,equipment, and services necessary for the ' installation of 24" Dia. HDPE as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details.This shall Include but is not limited to,trenching,bedding, haunching, backfilling, and surface repair.This Item does not Include any rock excavation, as it will be paid under a separate Item.The work ' provided herein will be measured by the linear fool of installed pipe, and will be paid in a like fashion at the unit price. Item No. 15-Temporary Surfacing , This Item shall include all labor, material, equipment, and services necessary for the placement and maintenance of stone for the purpose of maintaining vehicular access to the adjoining properties.The work provided herein will be measured by the ton of material ' provided, and will be paid in a like fashion at the unit price. Item No. 16-Sub Grade Stabilization , This Item shall Include all labor, material, equipment, and services necessary to identify and stabilize unsuitable soil encountered within the project limits. In a case where unsuitable material In found, the contractor, under the direction of the engineer shall furnish and place stone(the size of which will be determined by the engineer based on , the conditions) as required to provide a stable sub-grade. Where possible, a portion of the stone shall be mixed with existing soil to create a stable subgrade.This item shall also Include the removal of the unsuitable material and Its disposal off-site.The work provided herein will be measured by the ton of stone provided based on tickets submitted to the • ' City at the lime the work is undertaken, with payment being made by the ton at the bid price. Item No. 17-3" Rolled Stone Base , This item shall include all labor, material,equipment, and services necessary for the placement and compaction of a 3"lift of stone base as shown in the standard cross sections. The work provided herein will be measured by the square yard, and will be paid , In a like fashion at the unit price. Item No. 18-Type A Curb and Gutter , This Item shall include all labor, material,equipment, and services necessary for the the construction of standard type A curb and gutter in accordance with the City of Jefferson Standard Details and specifications.The work shall also Include(in applicable areas)the culling of the existing pavement to provide a neat line to which the new gutter can be , poured.The work provided herein will be measured by the linear fool at the flow line of the gutter. Payment will be made by the linear foot at the bid price, Item No. 19-6"PCC Residential Drive Approach ' This Item shall Include all labor, material, equipment, and services necessary for the construction of residential drive approaches as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications.The work provided herein will be , measured by the square yard, and will be paid in a like fashion at the unit price. Item No.20-6"PCC Residential Drive/On Grade Slabs This item shall Include all labor, material, equipment, and services necessary for the ' construction of 6"thick PCC sidewalks and driveways, as well as other 6"PCC on grade slabs as shown on the Plans and detailed in the City of Jefferson Standard Details and • specifications.The work provided herein will be measured by the square yard, and will be ' • paid in a like fashion at the unit price. ' Item No. 21 6"PCC Commercial Drive Approach This Item shall include all labor, material, equipment, and services necessary for the construction of commercial drive approaches as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications.The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No.22-Adjust Manhole This Item shall include all labor, material, equipment, and services necessary for the adjustment of existing manholes.The adjustment shall follow all specifications of TS- 14.1.2.and brought to the proposed grade. The work provided herein will be measured ' per each structure adjusted, and will be paid in a like fashion at the bid price. Item No. 23-AC Base This Item shall include all labor, material,equipment, and services necessary for the placement of the asphalt base.The pavement shall be placed as shown on the plans and shall conform to City of Jefferson Technical Specifications.The AC base shall be placed in lifts of no greater than 4".The work provided herein will be measured by the ton, and will be paid In a like fashion at the unit price. Item No. 24-AC Surface BP 1 ' This Item shall Include all labor, material, equipment,and services necessary for the placement of the asphalt surface.The pavement shall be placed as shown on the plans and shall conform to City of Jefferson Technical Specifications.The work provided herein Will be measured by the ton, and will be paid In a like fashion at the unit price. ' • Item No. 25-4"PCC Sidewalk/On Grade Slabs This item shall Include all labor, material, equipment, and services necessary for the construction of 4"thick portland cement concrete sidewalks of varying width, as well as other 4"on grade slabs as shown on the plans.The work shall include all sub-grade preparation and compaction, the sawing and placement of all joints, and all required expansion as specified or shown on the plans. The work provided herein will be measured ' by the square yard of constructed sidewalk,with payment by the square yard at the bid price. ' Item No.26-6"PCC Sidewalk Ramps This Item shall include all labor, material, equipment, and services necessary for the construction of 6"thick portland cement concrete sidewalk ramps as shown in the City of Jefferson Standard Details.The work shall include the sawing and placement of all joints ' and placement of expansion as specified or shown on the plans.The work provided herein will be measured by the square yard,with payment by the square yard at the bid price. Item No.27-Stair Handrail This Item shall Include all labor, material, equipment, and services necessary for the fabrication and installation of the handrail as shown and detailed on the plans and specified in the special provisions. The work provided herein will be measured by the linear foot along the top of the rail,with payment by the linear foot at the bid price. Item No.28-4'Chain Link Yard Fence This Item shall Include all labor,material,equipment, and services necessary for the • installation of chain link fence four feet in height, including all gates and other appurtenances. The fence should be Installed as detailed in the City of Jefferson ' Standard Drawings and in accord with standard industry practice. The work provided herein will be measured by the linear fool along the fence,with payment by the linear foot • ' at the bid price. Item No.29-Seeding and Mulching , This Item shall Include all labor, material,equipment, and services necessary for the fertilizing,seeding and mulching of all disturbed areas not receiving erosion control ' blankets.The seeding shall follow the specifications found in TS-9.3. The contractor, at his option, may submit an alternate seed mix for consideration.The work provided herein will be measured by the acre, and will be paid in a like fashion at the unit price. Item No.29-Short Term Erosion Blanket , This Item shall include all labor, material, equipment, and services necessary for the Installation of a short term erosion control blanket.This blanket shall be North American , Green S75 or approved equal. It shaft be installed according to the manufactures specifications using the red dot stapling pattern(1.15 staples per square yard).This blanket is to be installed as directed by the enginner.This item shall also Include all fertilizing and seeding required in the areas it covers. The work provided herein will be , measured by the square yard, and will be paid in a like fashion at the unit price. Item No.31.03-5"PCC Pavement ' This item shall Include all labor, material,equipment, and services necessary for the construction of a 5"thick PCC pavement section. The pavement shall be placed as shown on the plans and shall conform to City of Jefferson Technical Specifications.This Item shall Include all dowels,expansion,Joints, and joint sealer as required.The work ' provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. • 1 1 Appendix I SUNMIARV OF CIVIL RIGHTS LAWS, EXECUTWE ORDERS AND REGULATIONS ' CDBG grantees must assure that all project activities will be administered in compliance with all civil rights laws and regulations. The following are summaries of those parts of the civil rights laws and regulations applicable to CDBG activities. Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall,on the ' ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance, ' Title Vill of the Civil Rights Act of 1968, as amended, provides that no person shall, on the basis of race, color, religion,national origin,handicap or familial status, be discriminated against in housing (and related facilities)provided with Federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Government, ' • Section 109, Housing and Community Development (NCD)Act of 1974, as amended,provides that no person in the United States shall,on the ground of race, color,national origin, religion or sea be ' excluded from participation in,be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of 1974. Section 3 of the Housing and Urban Develonment Act of 1968,as amended, provides that, to the greatest extent feasible, opportunities for training acid employment shall be given to recipients of ' public housing and lower-income residents of the unit of local government or the metropolitan area (or non-metropolitan county) in which the project is located. Contract work in comtection with such projects shall be awarded to business concerts which are owned in substantial part by persons ' residing in the same metropolitan area(or non-metropolitan county) as the project,employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic ' opportunities to lower income persons. Section 503 of Rehabilitation Act of 1973, as amended, provides for nondiscrimination in ' contractor employment. All recipients of Federal funds must certify to the following in all contracts issued: Affimrativc Action for 1•iandicapned Workers • (a) The contractor will not discriminate against any employee or applicant for employment ' because of physical or mental handicap in regard to any position for which the employee ' V-13 or applicant for employment is qualified. The contractor agrees to take affirmative • ' action to employ,advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all ' employment practices such as the following: Employment upgrading, demotion or transfer, recruitment,advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. , (b) The contractor agrees to comply with the rules, regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. ' (c) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations, and ' relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and ' applicants for employment,notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's ' obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. • ' (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the , contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. ' (1) The contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of ' the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal ' Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance. ' Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any , program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of Section 504. Lee Discrimination Act of 1975 No person in the United States shall, on the basis of age, be • excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. , V-14 , ' • ,Executive Order 11063, as amended, Directs all departments and agencies to take all action ' necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions,insofar as such practices relate to loans insured or guaranteed by the Federal Government. ' Executive Order 11246,as amended,provides that no person shall be discriminated against on the basis of race, color, religion,sex, or national origin in any phase of employment during the performance of federal or federally-assisted construction contracts in excess of$10,000. The ' following civil rights requirements also apply to CDBG grantees performance: Grantees shall comply with Executive Order 11246,as amended by Executive Order 12086, and the regulations ' issued pursuant thereto(41 CFR Chapter 60)which provide that no person shalt be discriminated against on the basis of race, color,religion, sex, or national origin in all phases of employment during the performance of federal or federally-assisted construction contracts. As specified in Executive Order 1.1246 and the implementing regulations, contractors and subcontractors on federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading,demotion or transfer, recruitment or recruitment advertising,layoff or ' termination, rates of pay, or other forms of compensation and selection for training and apprenticeship. ' • Section 106(d)(5)(B) of Title 1 of the Housine Community Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. ' Section 519 of Public Law 101-144 (the 1990 14U Annroprintions Act), requires each unit of general local government which receives Title I funds to adopt and enforce a policy prohibiting the ' use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. ' Section 906 of the Cranston-Gonzales National Affordable Housine Act amended subsection 104(1)of the HCD Act of 1974, states that no CDBG funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations,or fails to adopt and enforce a policy of applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. Unlike a similar prohibition in the FY 1990 Appropriation Act, the amendment clearly applies to al! units ojgeneral local government, including counties. V-15 1 ADDENDUM NO. 1 PROJECT NO. 32080 ' CDBG PROJECT (PINE, CHESTNUT, AND E. HIGH STREETS) AUGUST 19, 2005 The bidder will acknowledge receipt of this Addendum and his acceptance of its conditions by signing this Addendum and Including it with his bid. ' BIDDER: c BY: TITLE: V Icii-- ' • CITY OF JEFFERSON, MISSOURI ' PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT ' 1. The requirement for galvanizing the handrail has hereby been removed from the project. In the place of the galvanizing,the handrails shall be painted.The handrail shall be painted with a coat of oil based primer and two coats of oil based enamel, black in color. ' 2. The first note under the handrail notes on sheet 3 of 20 should read: "Handrail shall be Installed along all new steps having two (2) or more risers." 3. The scheduled contract approval date of Sept. 9, 2005 listed In SP-21 Is incorrect. The correct date for the scheduled approval of the contract is Sept. 6, 2005. 4. The contractor shall remove the two trees located at Sta. 3+66 offset 22 feet right. The cost of this removal will be paid through Item number 2"Removals".The contractor shall remove these trees at the beginning of the project to allow for the relocation of the telephone poles. ' • 5. The pre-bid meeting notes are a part of, and are Included with this addendum. 6. The latest Federal Wage Rate has been included with this addendum. 1 1 N�� OF 0O Land i G� , It •1 1 • City of Jefferson John Mayor wehr Department of Community Development , Patrick E.Sullivan, P.E.: Director t 320 East McCarty Street Phone: (573)634-6410 Jefferson City,Missouri 65101 Fax: (573)634-6562 August 19, 2005 Subject: CDBG Project(Pine, Chestnut, and E. High Streets) Project No. 32080 Pre-bid Conference Notes A pre-bid conference was held in the small conference room of City Hall on Tuesday, August 16, 2005, for the above noted project. Those attending the meeting are as listed below: ' NAME REPRESENTING PHONE Luke Mueller Midwest Block (573) 635-7119 ' Kevin Verslues Kevin Rackers Exc. (573) 491-3819 Robert Lehman Lehman Construction (573)796-8101 Terry McDaniel McDaniel Conc. (573) 395-4074 ' Greg Leary Concrete Engineering LLC (573)659-3740 Dan Bernskoetter Sprint (573)634-1686 Mark Brandt AmerenUE (573)681-7550 ' • David Bange City of Jefferson, Community Dev. (573)634-6433 Britt Smith City of Jefferson, Community Dev. (573)634-6450 Gary Oldelehr City of Jefferson, Community Dev. (573) 634.6410 ' Gene Williams City of Jefferson, Community Dev. (573)634-6547 The meeting proceeded with a general discussion of the planned project and an overview of the specifications. This memorandum summarizes the proceedings of that meeting and the questions received at the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the Items that were ' specifically discussed. GENERAL COMMENTS: ' CONTRACT TIME: 94 calendar days working days ' 810 OPENING: Tuesday, August 23, 2005 at 1:30 p.m. LIQUIDATED DAMAGES: $500.00 a day. ' ADDENDUM: There will be an addendum issued for this project which will minimally Include these notes and the latest Federal Wage Order Rates. of erson V� COMMUNifY DEVELOPMENT "building a better community" ' F:ICITY•PROJECTS132010-Pine St.Roadway Inpovements 20651ConeslJondeno0lPfL•I11d Notes daL ' • No questions will be allowed after 12:00 PM, Thursday, June 2 at 12:00 noon. ' SPECIAL PROVISIONS REVIEW: The special provisions section for this project was reviewed, and those present were encouraged to review them carefully. • It was noted that the specifications contained both the state and federal wage orders. The contractor is to compare these rate and pay the higher of the two rates. ' • The technical specs were not printed in the specification book. They do apply to the project and are available from the city web site or upon request. • The project is in a residential area and so care needs to be taken to accommodate the residents ' both in terms of vehicular access and access to the house during the building of the steps and landings. • Pre-cast structures will not be allowed. ' • The repair of the street shall follow the details in the City of Jefferson Standard Drawings. • The plans do not Include the profiles of the cantilever retaining walls. The foundation of the walls should be set so that the bottom of the foundation is not less than 36"for the final grade. • The final layout of the stairs and handrail will need to be made in the field so as to correctly ' match the items that are to remain. • The sequence of the project should be such to allow for the greatest access to the residents as well as provide for the control of runoff from the site. The sequence that the city suggests for ' Pine Street would Include the removal and replacement of the retaining walls followed by the removal of the edges of the street to allow for the placement of the new gutters, and then the removal of the remaining pavement and the paving of the street. ' • Note that all concrete retaining walls, steps, and stoop will be paid by the cubic yard of concrete and shall include all reinforcement. ' PLAN REVIEW: ' Attention was drawn to the following items. • There is a new water line to be placed on Pine Street. The contractor can expect the water company to work on Its replacement during the early stages of work on the project. ' There are several electric and telephone poles that will be replaced as the project proceeds. • Note the retaining walls that are to remain in place along Pine Street. • The block retaining wall on Chestnut Street will require the removal of an existing wall. The ' foundation of the existing wall need not be entirely removed if the final design of the block wall does not extend down to it. • The work around the building on Chestnut Street and the alley will require the contractor to match concrete up against the building and existing retaining walls. In areas not specifically ' shown in cross section the contractor shall blend the new concrete against these items to provide for a pleasing finished look as well as providing drainage. • The parking lot along the alley is to receive various treatments including complete rebuild, AC ' base fill areas, and AC surface overlay. Follow the plan. • There is a water line blow off valve by inlet #1 the water company will replace this line or they 1 ty of erson COMMUNITY DEVELOPMENT "building a better community" FACITY•PROJECTSU2080-Pine St.Roadway Impa mnents d'redntl NOW:.doc 1 1 • may place a new line in this area to tie into an existing line on High Street. The final solution has not yet been determined. QUESTIONIANSWER :(Received at the are bid meeting and those received by telephone, etc. prior to 12:00 PM Thursday August 18, 2005) IQUESTION: Is it correct that the notice to proceed will be given on September the 1216? ANSWER: Yes that is our intention. The City Council will need to suspend it rules to meet that date but they have been apprized of the situation and there does not appear to be any problem at this time. If the Council does not approve the contract as is now planned the notice to proceed may be delayed by two weeks. QUESTION: It takes a while to get the railings galvanized, and may extend beyond the contract time, what could be done about that fact? ANSWER: The City will take this into consideration and may change that requirement. (See the addendum for the revised specifications) QUESTION: Is there any reason that the projects in the two locations could not worked on simultaneously? ANSWER: No there is no reason. The City would rather the contractor work at both locations simultaneously. QUESTION: Are there trees that we need to be concerned about? ANSWER: There are very few trees near the projects, and at this time I do not see that they would • cause a problem. (See item#4 in the addendum for further Information) QUESTION: Does the asphalt need to come from a state approved plant? ANSWER: Yes, any asphalt used on the project must come from a stale approved plant. QUESTION: Is the City aware of any local sites looking for fill material? ANSWER: Yes, the owner of 208 and 204 Pine Street, Bill Eskens, has made us aware that he would be willing to except fill on his properties. The contractor should contact Mr. Eskens and make arrangements with him directly. Sincerely, Q�'J David Bange Design Engineer DB:db C: Plan Holders, Meeting Attendees,Project File, Writer's File 1 I ty or ... III ' e erson VV COMMUNffY DEVELOPMENT "building a better community" FACITY•PROJECTS\32080•Nw St Roadway lo,purvemrnt::2005 Cunesprndrnc.r^Pm bid Iloles.t:or.