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HomeMy Public PortalAboutORD13873 • BILL NO. 2005-3 SPONSORED BY COUNCILMAN Martin ORDINANCE NO. ) .3S 75 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC COMPANY FOR THE DOWNTOWN STREET LIGHTING PROJECT. WHEREAS, Meyer Electric Company has become the apparent lowest and best bidder on the Downtown Street Lighting Project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Meyer Electric Company is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Meyer Electric Company for Downtown Street Lighting Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of Its passage and approval. .7 �+ ��' �/� Passed: Appr �DL', ov 'y residing Officer ;% Mayor AT ST: (/ APP OVED TO ORM: L-L G✓J w/ Ity CI rk City ounselor • o' 44 l U I3xa 3 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this TI-I day of MA4 2005, by and between Meyer Electric Company hereinafter referred toy "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. 32050, Street Lighting Improvements in the Downtown Area. 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"Street Lighting Improvements in the Downtown Area" in accordance with the plans and specifications on file with the Department of Community Development. S 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 120 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. Prevailina Wanes. 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 Contractor knows 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. 11, 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 I . 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 1 the stipulated rates for any work done under this contract, by the Contractor or any 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 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. 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 under this contract,whether such operations be by the insured or by anyone 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 Insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless • the 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 fails 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 orthe 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 fail 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 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 Injury to 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 by any 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 labor done, 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 March 22. 2005 which are by reference made apart hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials fumished hereunder. The total amount of this contract shall not exceed five hundred forty thousand seven 61100 Dollars ($540,007.05). 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 underthis 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. • 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. 15. Severabiiity. 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 Documents. 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 other documents 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, Mercer. 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 prior contracts and understandings between the Contractor and 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. 21. Waiver of Breech . 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. 'Assianment. 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 mail addressed to City of Jefferson, Department of Community Development, 320 East McCarty,Jefferson City, Missouri, 65101, and Contractor at 3515 N.Ten Mile Dr.Jefferson City. Missouri. The date of delivery of any notice shall be the second full day after the day of its mailing. I • IN WITNESS WHEREOF,the parties hereto have set their hands and seals this 1a-"y day of 2005. CITY OF JEFFERSON CONTRACTOR y r Title: Loon J. eller, vice President ATTEST: ATTEST: • City C erk Till : Joseph E. yden, sec. APPROVED AS TO FORM: City Counselor • • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2215- Street Lighting Improvements,Downtown Project#32050 Community Development- Opened March 22,2005 BIDS RECEIVED: Meyer Electric Co., Inc.,Jefferson City, MO $457,011.05 Gerstner Electric, Inc., Fenton, MO $ 729,795.90 Specifications were sent to five plan houses and four additional bidders with no response. FISCAL NOTE: 3501-9900-73504092 Street Lighting 3502-9900-7350-4105 Downtown Lighting • 2004-05 Budget $ 215,847.00 2004-05 Budget $385,000.00 Expended -0- Expended -0- Encumbered -0- Encumbered -0- Bid 2215 $215.847.00 Bid 2215 $ 324.160.05 Balance -0- Balance $ 60,839.95 PAST PERFORMANCE: Meyer Electric has been awarded projects in the past and has completed the work as specified and bid. RECOMMENDATION: Staff recommends the award of the bid to the lowest and responsible bidder meeting the specifications, Meyer Electric Company of Jefferson City, Missouri. Because the total bid was considerably lower than anticipated, additional lighting has been included for a total contract amount of$540,007.05. ATTACHMENTS- SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation • Signature chats trl✓1Glt Purch — t nS gent Direct •, unity Development cuv ct . of erson • ! COMMUNITY DEVELOPMENT Memorandum P1T11CK L.OYILIV.N.PCi OIKCCTOII 320 East McCarty Street • Jefferson City, Missouri 65101 Phone: (573) 634-6410 . Fax (573) 634-6562 •www.jeffcltymo.org Date: April 13,2005 To: Terry Stephenson-Purchasing Agent,Finance From: Gene Williams, P.E.—Engineering Division DirectotdOW Re: Street Lighting Improvements for the Downtown Area Project#32050 Public Works has completed a review of the bids opened at 1:30 PM on March 22,2005 for the above noted project. As part of the review the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors. Attached to this memo is the tabulation of the two (2)bids that were received for the project. Based on our review, we recommend acceptance of the bid from the low bidder Meyer Electric Company Inc,3513 N. Ten Mile Drive,Jefferson City, Missouri . The bid total is$457,011.05. • Because the low bid was considerably lower than anticipated, staff has adjusted the unit quantities to include additional lighting to be placed for a total contract value of$540,007.05. The project will be expensed from the 1/2 cent sales tax. Meyer Electric Company Contract($540.007.05): Account Number: Amount 3501-9900-7350-4092 (Street Lighting) $215,547.00 3502-9900-7350-4105 (Downtown Lighting) $324.160.05 Total $540,007.05 If you need any other information please feel free to contact me at extension 453. Attachments: Bid Tabulation Sheet Original Bid Submittals C: Rich Mays Pat Sullivan Matt Morasch • RXITY-PROJECTS\72050.Downtown Stmet UghtinSTumhating Memo 2.doc ^''i R^ a y r AAL{ »-3.3 =6 Ica,a"l .'{M 4qR"S oMpANNNNN»NMAAA �M N NA 'R 1� al0 00 ^ gO�N�OOY N �000 � r ^ �p$52. a A � A N x»N M" N » W {!8ggmp$$a$ 8 8ppp$$8$88m88p��J��gpC�p'pp$�'m8�8pSp8�$8��8pp$ 8 $ 888 ` !g�j6 ^^ANMxAA Nt7 'Q IM1NMNNNSjAANNN$$ A NNN ti� 1 1{C. 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J}}rT+r' 1tf�+i+Cr jr.S+tJyssw�++�`+ t}YeTTA,A�i�,Cit7�1„i'y%�Iti�Tnt�rl'�%��t4f ir�F�ri y������{�f�,r}ri Yh�ilc Ej i�{�J�t,t 'f•r�5{' 1} Iri:� . .r.....tY'. `{ .ot .(:.ni r, ,..,,. T z,il..... _ rlh iRw. a'h•.31 a.!;t,Ti i L•:r nA,,,.( Fd,i ult,'. .C, ,,'qP'... Z,c SAltS.,( ♦ , .. . 1 1 ' SPECIFICATIONS AND CONTRACT DOCUMENTS ' PROJECT NO. 32050 Street Lighting Improvements In the Downtown 1 Area of 1 r 4 0 G �� AT E J d r C. yWj� ER E ��y w 6996 r.•�`s i. ' Jefferson City Department of Community Development March 2005 1 • TABLE OF CONTENTS • Advertisement for Bids ' 0 Notice to Bidders • Information for Bidders • Bid Form ' 0 Bid Bond ' • Anti-Collusion Statement " • Contractor's Affidavit ` • Minority Business Enterprise Statement ' 0 Minority Business Utilization Agreement ' a Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law ' a Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions ' Attachments ' Addendums ( If Any ) ' (' INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 1 ADVERTISEMENT FOR BIDS 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, March 22, 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. 32050, Street Lighting Improvements in the Downtown Area" will include the furnishing of all material, ' labor, and equipment to complete phase one of the downtown street lighting improvements,.and to install conduit from City Hall to the County Court House. A pre-bid conference will be held at 10:00 AM, on Monday, March 14, 2006 in the 1 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 Thirty Dollars ($30.00) 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 ' � S4 J UiYV0 di«rry pF�n'son ' Purchasing Agent Publication Dates Sunday, March, 2005 • 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, March 22, 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. 32060, Street Lighting Improvements in the Downtown Area"will include the furnishing of all material, labor, ' and equipment to complete phase one of the downtown street lighting improvements, and to Install conduit from City Hall to the County Court House. ' A pre-bid conference will be held at 10:00 AM, on Monday, March 14, 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 Thirty Dollars($30.00)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 • • INFORMATION FOR BIDDERS IB-1 SCOPE OF WORK ' The work to be done underthis contract Includes the furnishing of all technical personnel,labor, materials, and equipment required to perform the work Included in the project entitled"Project No. 32060, Street Lighting Improvements in the Downtown Area" 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 complete phase one of the downtown street lighting Improvements,and to Install conduit from City Hall to the County Court House. ' IB-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, ' IB-3 INTERPRETATION OF CONTRACT DOCUMENTS ' If the bidder has any questions which arise conceming 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. 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, I8-5 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. 1 1 ' • IB-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. I8-8 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. ' IS-8 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. ' IB-10 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. 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. 32060, Street Lighting Improvements In the Downtown Area". ' IS-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. IB-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. ' • IB-14 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. IB-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. ' IS-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. 1 • 1847 INDEMNIFICATION AND INSURANCE ' The Contractor agrees to indemnity 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 shell be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. ' 1848 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond,the Bid Securitywill be returned to the ' bidder unless the same shall have been presented for collection prior to 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 detects 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 120 calendar days. ' IS-26 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($600.00) per ' calendar day until the work is complete,should the project not be completed within the contract time. I8-26 POWER OF ATTORNEY Attorneys-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. IB-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 66101 ' 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 ' END OF INFORMATION FOR BIDDERS 1 1 • BID FORM ' Name of Bidder Meyer Electric Company, Inc. ' Address of Bidder. 3513 N. Ten Mile Dr. , P.O. Box 1013, Jefferson city, MO 65102 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, 1 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 (!)all other factors 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, 1 and complete all work stipulated, required by, and In accordance with the proposed contract documents and the drawings, specif ications, 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 maybe 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: 1 Revision 2 Page 1 of 2 City of Jefferson ' Itemized Bid Forth Street Lighting Improvements for the Downtown Area Project No.32000 rITEM APPROX. UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT ' Street Lighting 1.01 Rectilinear Luminalre(250W HPS) EA 39 687.00 26,793.00 1.02 Flood Light(250W HPS) EA 5 468.00 2.340.00 ' 1.03 Security Light(150 HPS) EA 10 210.00 2,100.00 30'Square Straight Aluminum Pole (Anodized 1.04 Bronze) EA 37 1.370.00 50.690.00 30'Square Straight Aluminum Pole (Brushed 1 1.05 Aluminum) EA 2 1,250.00 2,500.00 1.06 Wood Pole EA 10 77n-()n 7.7on.On ' 1.07 4' P.C.C. Sidewalk Removal& Replacement SY 180 56.00 10i080.00 1.08 Concrete Foundation (6') EA 39 1,155.00 _ 45.045.00 ' • 1.09 Control Center(Single Meter) EA 1 4,323.00 4,323.00 1.10 Control Center(Double Meter) EA 3 5.043.00 15. 129.00 ' 1.11 Concrete,Pad For Contol Center EA 4 598.00 2,392.00 1.12 PhotoCell EA 4 65.00 260.00 1.13 Gound Rod EA 53 38.00 2,014.00 ' 1.14 Pull Box EA 18 2.360.00 42.480.00 1.15 Service Cable (q0 A.W.G. USE) LF 3850 2.70 10,395.00 ' 1.16 Service Cable (q4 A.W.G. USE) LF 2800 1.13 3,164.00 1.17 Distribution Cable(q4 A.W.G. USE) LF 1250 1.13 1,412.50 1.18 Distribution Cable (N6 A.W.G. USE) LF 1600 .91 1,456.00 1.19 Distribution Cable (q8 A.W.G. USE) LF 17000 -71 19 41n-On Pole&Bracket Cable (412 A.W.G. ' 1.20 THHN/THNN) LF 3800 Sn 1,gnn_on 1.21 Ground Wire(H6 A.W.G. Bare Copper) LF 9065 .72 6,526.80 ' 1.22 Conduit(1'PVC) LF 265 7_g5 1 ,046-7.r. • 1.23 Conduit(2' PVC) LF 9500 3.00 28,500.00 ' 1.24 Conduit(4" PVC) LF 500 6.00 3.000.00 Revision 2 Page 2 of 2 • ITEM APPROX. UNIT ' NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 1.25 Trenching in Street LF 9550 13.00 124,150.00 ' 1.26 Trenching in Earth LF 500 8.00 4,000.00 1.27 Removals LS 1 i 6 non-nn t6'nnn_nn ' 1.28 Traffic Control LS 1 81000.00 8,000.00 1.29 Spare 3V Square Straight Aluminum Pole EA 1 gab-nn I 936.nn 1.30 Spare Rectilinear Luminaire(25 OW HPS) EA 3 546.On 1.638.n0 Conduit for Future Use 12"Addhional Depth Trench with One Additional 2.01 2"PVC Conduit LF 570 3.00 1.710.00 12"Additional Depth Trench with Two Additional ' 2.02 2"PVC Conduit LF 100 4.50 450.00 2.03 36"Deep Trench with One 2" PVC Conduit LF 700 17.00 11,900.00 ' 2.04 36"Deep Trench with Two 2'PVC Conduit LF 215 18.00 3,870.00 2.05 Pull Box w/12"additional Depth EA 8 150.00 1,200.00 ' • TOTAL BASE BID 457,011.05 3/22/05 Signature of BiddW Date Leon J. Keller, Vice President 1 • SUBCONTRACTORS ' • If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. ' N/A ' TIME OF COMPLETION The undersigned hereby agrees to complete the project within 120 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 orfumish 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: 3513 N. Ten Mile Dr., P.O. Box 1013, Jefferson City, MO 65102 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 5$ of Bid Amount Dollars (cashier's check), make payable to the City of Jefferson. ' Signature of Bidder: ' If an individual, doing business as If a partnership, member of firm. 1 by If corporation; by Leon J. KM11er Title ,Vi ra. Pr*PC i f1Pn1- ' SEAL • Business Address of Bidder. 3513 North Ten Mile Drive. P.O. sox 1013 ' Jefferson City. MO 65102 If Bidder is a corporation, supply the following information: ' State in which incorporated Missouri Name and Address of its: ' President Paul H. Meyer 3513 N. Ibn Mile Dr.. P.O. ax 1013. JefCmpon CLty. MJ 65102 Secretary Joseph E. Hayden ' 3513 N. Tan Mile Dr., P.O. D= 1013, Jeff CLty, M 65102 Date Mwdi 22, 2005 1 1 • 1 BID BOND • KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Meyer Electric Co „ Inc , as Principal, ' and St Paul ,Travelers Insurance Qa 5urety, are hereby.heid and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as . owner, in, the penal sum of Five Percent (5%) of Price Bid 'forthe payment of which,well and truly to be made,we hereby jointly and severally bind ourselves,our heirs,executors,administrators, successors and assigns,this ZZnddayof March 200 5 ' The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON,MISSOURI acertaln Bid,attached hereto and hereby made apart hereof to enter Into a contract In writing,for the project entitled: •'Project No.32060,Street Lightig8 Improvements in the Downtown Area" ' NOW,THEREFORE, (a) If said Bid shall be rejected, or In the alternate, ' (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 falthful performance of Bald contract, and for the payment of all persons performing labor or furnishing • materials in .connection therewith, shall In all other•respects perform the agreement created by the acceptance of said Bid, ' then thls.obiigatlon shall be void, otherwise the some shall remain In force and effect; It being expressly understood and agreed thatthetiabiilty 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,forvalue received,herebystipulates and agrees thatthe 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 walve notice of any such 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 set forth above.. ' Meyer .Electric Co , , Inc, (L.S.) P al SEAL . au eyer s r ent St Paul Surety, • THOMAS S. NAUGHT (Attorney-in-Fact) 1 POWER OF ATTORNEY 7he VIM Seaboard Surely Company United States Fidelity and Guaranty 71nc. SL Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Co SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Un St.Paul Mercury Insurance Company 1 ' Power or Attorney No. 20702 Certineme No. 2183588 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the Slate of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota•and that United States Fidelity and Guaranty Company Is a corporation duly organized under the laws of the Slate of Maryland•and that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa• and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collecilvely caller!the "Companies"),and that the Companies do ' hereby make,constitute and appoint Thomas S.Naught,Dorothy M.Baker and Harry D.Naught 1 Jefferson City Missouri of the City of ,State ,their we and lawful Auomey(a)•In•Fect, each In their separate capacity if mote Bran one Is named above,to sign its name as surety to•and to execute,scat and acknowledge any and all bonds•undertakings, contracts and other written Instruments in the nature thereof on behalf of the Companies i9 their business of guaranteeing the fidelity of persons,guaranteeing the ' performance of contracts and executing or guaramceing bonds and undcaakingcsts4fred sitoi mittedamany actions or proceedings allowed by law. > r� 'H' %)"-` tad April 2003 IN WITNESS WHEREOF,the Companies have caused this Insmsm'LUMo bbaa ay'ned and sn Nls,, day of , 10 Seaboard Surety Company tyay United Slates Fidelity and Guaranty Company St.Paul Fire and Marine.h4vennce Ganpany � Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Coruay �:. Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury InsuranmCarii, nY` . 1Y M yrr.q n 3p �'a27 ® aen4 8 L " + � 1 PEIBR W CARMAN,ViceProldeat i ?yM,!/r • N..., r.r+. as , State of Maryland City of Baltimore THOMAS E.IIUIBREGTSE,Assbunt Secreury 2a4 April 2003 On this day of ,before me,the undersigned officer,personally appeared Peter W.Conran and Thomas E.Hulbrcgtse,who acknowledged themselves to be die Vice['resident and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc,;and that the seals affixed to the foregoing Instrument arc the corporate seals of said Companies;and that they,,as such,being authorized so to do•executed the foregoing instrument for die purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. W f7 In Witness Whereor,I hereunto set my hand and oniciat seal. a p rMY ' My Commission expires the Ist day of July,2006. y^ � REBECCA P.ASLEY•ONOKALA.Notary Public crt+ 1 ' 86203 Rev.7.2002 Printed In U.S.A. ' ANTI-COLLUSION STATEMENT • STATE OF Missouri COUNTY OF core ) Leon .1. Keller being first duly swom, deposes and says that he is vice President of ' TITLE OF PERSON SIGNING Meyer Electric Company, Inc. 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. ' Aff lant further certifies that bidder is not financially interested in, or financially aff iliated • with, any other bidder for the above project. (BY) ' (BY) Sworn to before me this zznd day of March , 200!L— . NOTARY PUBLIC Lillian L. Boehmer My commission expires; April iz 2008 1.DOW Notary =Niftfy c•Nolpry bpl f mbso w Courtly xpkw Apr 12.2001 1 ' CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF Missouri j ) ss COUNTY OF Cole ) The undersigned, T<nn .T XP11pr of lawful age, being first duly sworn states upon oath that he is ' Vica PrnmidPnt of ' Meyer Electric Company, Inc. 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 to persons who are not required to fumish material or actually perform services upon or as a part of the proposed project. 2;� X&9 Leon J. 11er AFFIANT 1 Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid, this 22nd day of March 20 05 U11:6 L. Boetm rNOTARY PUBLIC ' My Commission Expires:_ April 12. 2008 Uu6w L.KXHMJR Ssm k c fto � cal ' AMY Cwff"On&OW AW 12.2001 1 • MINORITY BUSINESS ENTERPRISE STATEMENT 1 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. 2. 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. 4. Qualified small, women owned, and minority business will be 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. i7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration, 6. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. 1 1 • 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, or the 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)]. ' 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 Centrex Electrical Material 15,000.00 1 1 Total Bid Amount: $457,011.05 Total: 15,000.00 Percentage of Minority Enterprise Participation: 3 °lo ' C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise;and (b) has executed a binding contract to provide specif ic ' materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the ' • City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprises) it Intends to ' use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding ' contract with the bidderfor materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE ' Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. ' Leon J. Keller, Vice President NAME OF ANUTHJORIZED OFFICER ' DATE 3/22/05 SIGNAVURE OF AUTHORIZED OFFICER 1 • ' Missouri Minority Business Enterprise Directory Page 1 of 1 Office ofEquall Opportune Email: egualopp(aloa.mo.eov Missouri Minority Business Enterprise Directory - Search Results CENTREX ELECTRICAL SUPPLY CORP Ex1' ' 3900 WASHINGTON BLVD ST LOUIS ,MO 63108 Contact:RON SANGSTER: (314) 535-3900 �QI�$(g�CENTREXX.COM The following Commodities/Services are available from this vendor.To find other vendors ' providing any of these commodities/services,click the commodity/service name. • BALLASTS.ALL KINDS ' • BATTERTES.RAD10MOM IRDCATION • • ELECTRICAL EOUIPMENT AND SUPPLIES(EXCEPT CABLE AND WIRE) • FIBER OPTICS CABLES,INTERCONNECTING COMPONENTS.AND ACCESSO • RADIO COMMUNICATION AND TELECOMMUNICATION TESTING.wAsuma ' •, RADIO COMMUNICATION.TELEPHONE.AND TELECOMMUNICATION EOUIPM • SECURITY SYSTEMS AND EOUIPMENT.COMMUNICATIONS • SOUND SYSTEMS.COMPONENTS,AND ACCESSORIES: GROUP INTERCOM. ' • TELEPHONE EOUIPMENT AND PIECE PARTS(NOT LINES OR OTHERWISE ' Office of Equal Opportunity �L.w.r//. w..n rn Ma..'n-w.:.Jwwxi.+.Lx/.r':/�Lzw.:x4.:.:aDe.r.:�..L�....uAOP'1-A•fn OCnnOivr.+.rtrm.--�-----.n..n+n mn-._ -- 1 ' W01978 911106 ;5rM00062-D 8126105 W02242 11/28104 Central Office Equipment Installation Centrsx Electrical Supply Corp. Cortined Nets,Inc. Supplies,Inc. 3900 Washington Blvd, . 743 Spirit 40 Park Dr.,Sulle 104 , ' 3D52ralnass Hghway 61 North SL Louis MO 83108 Chesterfield MO 630D5 WentWIle MO 63385 Wilber A.Stewart II 3145353900 Robyn Howes (636)519.4600 Elizabeth McCoy (638)332.5100 C1Servics:Electrical,Telecom&Data ClServlce:Computer network consulting Cl6ervico:Telecommunication Equipment Reseller ' M01932 811104 M02134 119106 M00926 717/05 Challenge Office Products,Inc. Champion Courier Service,Inc. Charbonnetand Assodotes,Planners and 4400 S.Wayside Drive,Suite 9101 4144 Undell,Suite 404 Consultants,Inc. Houston TX 77087 SL Louis MO 63108 2140 Royal Street John R.Barbose (713)644.4007 Antoine D.Woods (314)652.8000 New Orleans LA 70118 O/SerAce:O1Bce supplies,computer supply, ClService:Delivery service Barnard L Charbonnal,Jr. 5049490996 furniture,and printing ClServlce:Constmc0on planning,airport • consulting,management,fensibllity studies, and Urban planning 1. 1 ' ' VM1112 10717/05 M0045B 12131104 W02435 1115105 Charponnay Dialysis,Ina Cherokee Distribution Services,Inc. Cheryl Henback Consulting 807 W.Fairchild Street P.O.Box 9057 22832 Hatchall Road Denville IL 61832 Kansas City MO 64188 Tongonoxie KS 88086 Donna Combs (217)477.1490 Wilbur A.Dean (816)221.8250 Cheryl Jean Hanback (616)289.0099 ' C/Servica:Hemo-Dislyals ClService:Warehousing,pool distribution, C(Service:Information technology, trucking,pick d park,flatbed,commercial consulting service,web design,&tralning moving for software application • AFFIDAVIT ' COMPLIANCE WITH PREVAILING WAGE LAW ' Before me, the undersigned Notary Public, in and for the County of State of personally came and appeared 1 NAME POSITION ' of the NAME OF COMPANY (A corporation) (a partnership)(a proprietorship)and after being duly swom 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. 11, Section 026, ' • Cole County In carrying out the contract and work in connection with Project No. 32060, Street Lighting Improvements in the Downtown Area located at Jefferson ' City in Cole County, Missouri, and completed on the day of 20_. ' SIGNATURE ' Subscribed and swom 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 1 W r1! 1 "� rrt+ •1 O 3ti A+occcx�- C� BOB HOLDEN, Governor • Annuai wage order rio. i i Section 026 COLE COMM In accordance with Section 290.262 RSMo 2000, within thirty (30) drys after a certified copy of this Annual Wage Order has been filed with the Secretary of State as Indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599,Jefferson City, MO 65102-0599. Such objections must set forth In writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20.5.010(1). A certified copy of the Annual Wage Order has been flied with the Secretary of State of Missouri. RECEIVED & FILED 49 A" - Ileen A. White, Director MAR 10 2004 Division of Labor Standards Filed With Secretary of State: M � • COMMISSIONS DIVISION 0 8 2004 I COMMISSIONS DIVISION Last Date Objections May Be Piled: Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 026 • COLE County ' ec ive Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' Asbestos Worker $27.OB 55 60 $11.27 Boilermaker 1/05 $27.69 57 7 $16.42 Bricklayers-Stone Mason $24.85 59 7 $7.75 ' Carpenter $19.78 60 15 $8.36 Cement Mason $18.26 9 3 $9.60 Electrician Inside Wiremen $25.11 28 7 $9.51 + 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE ' Elevator Constructor 1/05 a $34.065 26 54 $13.241 Operating Engineer Group 1 5104 $23.37 86 66 $13.80 ' Group 11 5104 $23.37 86 66 $13.80 Group ill 5104 $22.12 86 66 $13.80 Group III-A 5104 $23.37 86 66 $13.80 Group IV 5104 $24.07 86 66 $13.80 ' Group V 5104 $25.37 86 66 $13.80 Pipe Fitter 7/04 b $30.00 91 69 $14.68 Glazier $13.50 FED $1.89 ' Laborer(Building): General $16.72 110 7 $7.58 First Semi-Skilled $18.72 110 7 $7.58 Second Semi-Skilled $17.72 110 7 $7.58 ' Lather USE CARPENTER RATE • Linoleum Layer 8 Cutter USE CARPENTER RATE Marble Mason $24.85 59 7 $7.75 ' Millwright $20.78 60 15 $8.36 Iron Worker 8104 $22.48 11 8 $13.76 Painter $19.19 18 7 $5.58 Plasterer $17.32 94 5 $9.35 ' Plumber 7104 b $30.00 91 69 $14,68 Pile Driver $20.78 60 15 $8.36 Roofer 9/04 $24.25 12 4 $8.31 Sheet Metal Worker 7104 $23.74 40 23 $9.46 Sprinkler Fitter 4104 $27.09 33 19 $11.95 Terrazzo Worker $24.85 59 7 $7.75 ' The Setter $24.85 59 7 $7.75 Truck Driver-Teamster Group 1 $19.95 101 5 $5.75 Group II $20,65 101 5 $5.75 ' Group III $20,35 101 5 $5.75 Group IV $20.651 101 5 $5.75 Traffic Control Service Driver Welders-Acet )ene 8 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 N0.11 1105 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes Effective Ejasic ver- OCCUPATIONAL TITLE Dale of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 1 1 • Welders receive rata prescribed for the occupational title performing operation to which welding is Incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Shoals,use Rates shown on Building Construction Rate Sheol. a-Vacation: Employees over 5 years-8%: Employees under 5 years-e% •b- All work over$3.5 Million Total Mechanical Contract-$30.00,Fringes-$14.68 All work under$3,5 Million Total Mechanical Contract-$28.68,Fringes-$11.83 i � 1 1 1 1 i i 1 � 'Annual Incremental Increase ANNUAL WAGE ORDER NO. 11 7/04 1 ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION ' • FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 %,)shall be paid for all work in excess of forty(40)hours per work week. NO.9: Means the regular workday starting time 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 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(1'/2)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 starting time to be established between 7:00 a.m. and 8:00 a.m. from Monday to Friday. Time and one-half(I'/,) shall be paid for first two (2) hours of overtime Monday through Friday and die first eight(8)hours on Saturday. All other overtime hours Monday through Saturday shall he paid at double(2) time rate. Double(2)time shall be paid for all time on Sunday and recognized holidays or ' the 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(1'h) 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(1%,) times the regular hourly Tate. ' Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours, Working hours are from six (6)hours 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(1'/n). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make-up day if the weather has forced a day off,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(1'/2). 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) die rate of single time, ' The employer may establish hours worked on a jobsite for u four(4)ten(10)hour day work week at straight time pay for construction work; the regular working day shall consist of ten(10)hours worked consecutively,between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive, Any work performed on Friday, Saturday, Sunday and holidays,and before and offer the regular working day on Monday to Thursday where a four(4) ten(10) hour day workweek has been established, will be paid of 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. ' ANNUAL WAGE ORDER NO. I1 AW 11026 OT.doc 1'2go 1 of a 1'ogcc 1 ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • NO. 28: Means eight (8)hours between 7:00 a.m.and 5:30 p.m.,with at least u thirty(30)minute period to be taken for lunch, shall constitute a day's work five(5)days u 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 a holiday falls in the middle of a week,then the regular eight(8) hour schedule may be implemented). -Any time worked in excess of any ten(10)hour work day(in it 4-10 hour work week)shall be at the ' appropriate overtime rate. All work outside of Ore regular working hours as provided,Monday through Saturday,shall be paid at one&one-half (1%2)times the employee's regular talc of pay. All work performed from 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 the hours of 4:30 p.m,and 12:30 a.m.(second shift)shall receive eight(8)hours pay at the ' regular hourly rate of pay plus ten(l0"6)percent for seven and one-half(7'/2)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 thirty(30)minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half(I%)times the ' shift hourly rate. NO.33: Means die 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'h). Overtime worked on Sundays and Holidays shall be at double(2)time. ' 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 work week. The ' regular working day shall consist of eight(8)hours labor on thejob 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 rate. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)bours during the regular working week shall be paid for at time and one-half(1'/2)the ' regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2)times the regular hourly rate. In the event of min,snow, cold or excessively windy weather on it 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. 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, Monday through Saturday, shall be paid tit double (2) the ' straight time rate. NO. 57: Means eight (8)hours per day shall constitute n day's work and forty(40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by ' mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pity. It being understood that all other pertinent • information must be adjusted uccordingly. All time worked before and after the established workday of eight(8)hours, ' Monday through Friday,all lime worked on Saturday,shall be puid at the rate of lime and one-half(1'/2)except in cases where work is pan 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. ' ANNUAL WAGE ORDER NO. II AN'I I a:6 OT.aoc Pop 2 of 4 Pages ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • NO. 59: Means dial except as herein provided, eight (8) hours a day shall constitute a standard work day, and forty (40)hours per week 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(I%). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has die 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, die 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 lire event the job is down for any reason beyond the Employees control,then Friday and/or Saturday may,at the option of die Employer, be worked as a make-up day; straight time not to exceed ten(10) hours or forty(40)hours per week. When the five day(8)hour work week is in effect,forty(40)hours per week shall constitute a 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 die 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 holidays. ' NO.60: Means the Employer shall have the option of working five 8-hour days or four 10-hour 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'/,) the hourly wage rate phis fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty(40)hours,Monday through Friday,or any part thereof by reason of inclement weather(rain or mud),Sniurday or any part thereof may be worked as a make-up day at the straight time rate. It is agreed by the panics 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.m. 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(I'/2) the hourly wage rate plus fringe benefits Monday through Friday. If an ' Employer is working 10-hour days and loses a day due to inclement weather,die Employer may work ten(10)hours on • Friday at 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 he paid at lime and one-half(i%) the hourly wage rate plus fringe benefits. All Millwright work performed in excess of die regular work day and on Saturday shall be compensated for at time and one-half (1'/:) die 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 holidays,or days observed us recognized ' holidays, shall be 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. 86: Means die 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 hour. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'/,)of die hourly rte plus an amount equal to one-half(i/l) of the hourly Total Indicated Fringe Benefits. All work performed on ' Sundays and recognized holidays shall be paid at double(2)die hourly rate plus an amount 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(1/2)hour for lunch. The option exists for die Employer to use a flexible starting time between die hours of 6:00 u.m. and 9:00 a.m. The regular work week shall consist of forty (40) hours of five (5) work days, Monday through Friday. The work week may consist of four(4) ten(10)hour days from Monday through Thursday, ' with Friday as a make-up day. If the make-up day is a holiday,the employee shall be paid at die double(2)time rate. The employees shall be paid time and one-half(i%_) for work performed before the regular starling time or after the regular quitting time or over eight(8)hours per work day, (unless working u 10-hour work day,then time and one-hulf (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 at the double(2)time rite of pay. ' ANNUAL WAGE ORDER NO. 11 AN'11026 OT.doc 1'ogc 3 of 41'upcc ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION ' • NO.94: Means eight(8)hours shall constitute a days work between the hours of 8:00 a.m.and 5:00 p.m, The regular workday starting time 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 performed in excess of the regular work day and on Saturday shall be compensated atone and one-half(1'/a) 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 day,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 and one-half(1'/n) (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) lime. 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 a.m.or delnyed one(])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 normal 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 u week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employees 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 time will be designated by die 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, inclusive. In the event the job is down for any reason beyond the Employees control, then Saturday may,of Os option of the Employer,be worked as u 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. ' 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.m.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 aficr 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 sated above or on Saturday, except as herein provided, shall be ' compensated at one and one-half (1%=) 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 par thereof by reason of inclement weather(rain and mud),Saturday or any par 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(11h)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 lime. Friday must be scheduled for at least eight(8)hours and 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'/:)overtime rule. ' NO. 122: Means forty(40)hours between Monday and Friday shall constitute the normal work week. Work shall be scheduled between the hours of 6:00 n.m. and 6:30 p.m., with one-half hour for lunch. Work in excess of eight (8) hours per day and forty(40)hours per week, and on Saturdays,shall be paid at the rate of one and one-half times die normal rate, Due to inclement weather during the week,Saturday shall be a voluntary,make up do),. 1 ' ANNUAL WAGE ORDER NO. 11 Al\'11 U:6 OT.duc 1'uEc 4 of 4 PuECa ' 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. If any of the 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. 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 a 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 after Thanksgiving Day, and Christmas Day shall be paid at the double(2)time rate ' of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. ' AWO 11026 hdy.dm ANNUAL WAGE ORDR NO. I I fuse 1 or21'up" ' 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. NO.76: Work performed on Holidays shall be paid at the rate of two times the normal rate. Holidays are: New ' Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving,Christmas Day. If a holiday falls on a Sunday,it shall be celebrated on the following Monday,if it falls on Saturday,it shall be celebrated on the preceding Friday. 1 • 1 ' AWO 11026 hdy.doc ANNUAL WAGE ORDER NO.II 1'agc2or2pagos Heavy Construction Rates for REPLACEMENT PAGE Section 026 ' COLE Count 'Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ' Increase Rates Schedule Schedule CARPENTER Journeymen 5104 $24.78 7 16 $8.34 Millwright 5/04 $24.78 7 16 $8.34 Pile Driver Worker 5/04 $24.78 7 16 $B.34 ' OPERATING ENGINEER ' Group 1 5/04 $22.45 21 5 $13.75 Group 11 5/04 $22.10 21 5 $13.75 ' Group III 5/04 $21.90 21 5 $13.75 Group IV 5/04 $18.25 21 5 $13.75 Oiler-Driver 5104 $18.25 21 5 $13.75 1 LABORER General Laborer 5/04 $21.17 2 4 $7.28 ' Skilled Laborer 5/04 $21.77 2 4 $7.28 TRUCK DRIVER-TEAMSTER ' Group 1 5/04 $23.37 22 19 $6.75 Group II 5/04 $23.53 22 19 $6.75 ' Group III 5/04 $23.52 22 19 $6.75 Grou IV 5/04 1 $23.64 1 22 1 19 1 $6.75 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the ' Building Construction Rate Sheet. ' *Annual Incremental Increase ANNUAL WAGE ORDER NO. 11 7/04 ' COLE COUNTY OVERTIME SCHEDULE—HEAVY CONSTRUCTION ' • NO.2: 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 to complete forty (40) hours of work in a week. 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. Time & one-half(I'/:) shall be ' paid for all hours in excess of eight(8) hours per day (if working 5-8's) or ten (10)hours per day (if working 4- 10's), or forty(40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete forty hours), time and one-half(1'/2) shall be paid. For all time worked on Sunday and recognized holidays,double(2) time shall be paid. 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) (tours 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 may be 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(1'/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 work week shall consist of five (5) eight (8) (tour days, Monday through Friday. The regular work day 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. 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 (tours in excess often (10) hours in anyone 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 per work week. Overtime will be at one and one-half(1'/2) times the regular rate. If workmen ' are required to work the recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. t 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. 1 • ' Aw 11026 hvy ol.doc ANNUAL WAGE ORDER NO. I I I'age I of I I'ogcs ' 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. S: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.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 are 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. ' AW 11020 hvy hoLdoc ANNUAL WAGE ORDER NO. 11 Pago 1 of I Pages ' REPLACEMENT PAGE • OUTSIDE ELECTRICIAN These rates are to be used for the following counties: ' Adair,Audrain, Boone,Callaway, Camden, Carter, Chariton,Clark,Cole, Cooper,Crawford,Dent, Franklin,Gasconade, Howard, Howell,Iron,Jefferson,Knox,Lewis,Lincoln, Linn, Macon, Maries, Marion, Miller,Mcniteau, Monroe,Montgomery, Morgan, Oregon, Osage, Perry,Phelps, Pike,Pulaski, Putnam,Rails,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 $28.96 $4.25+41.3% ' *Lineman Operator $25.93 $4.25+41.3% *Groundman $20.52 $4.25+41.3% ' . UTILITY WORK Occupational Title Basic Total ' Hourly Fringe Rate Benefits ' *Journeyman Lineman $27.95 $4.25 +37.3% *Lineman O orator $24.13 $4.25+37.3% ' *Groundman $18.66 1 $4.25+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(1%,)the regular straight time rate of pay between the hours of 6:00 a.m.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 Now Year'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 the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. ' *Annual Incremental Increase ANNUAL WAGE ORDER NO. 11 7Au 01 MOM.A WI I in I dnc 1 1 • 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. 32050, Street Lighting Improvements in the Downtown Area. ' 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_. 1 NOTARY PUBLIC 1 ' My Commission Expires: STATE OF MISSOURI ) t ) ss • COUNTY OF ) 1 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION 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. 32050,Street Lighting Improvements in the Downtown Area. ' 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 swom to before me this _ day of 20_. ' NOTARY PUBLIC My Commission Expires: ' APPROVED BY: Director of Community Development, City of Jefferson, MO • CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered Into this � e day of CGS 2005, by and between Meyer Electric Company hereinafter referred to as "C ntractor", 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. 32050, Street Lighting Improvements in the Downtown Area. MNOW 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"Street Lighting Improvements In the Downtown Area" 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 120 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 Contractor knows 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. 11, 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 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. M (b) Contractor's Public Liability Insurance in an amount not less than M $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. M (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,OOD,000 for all claims arising out of a single accident or occurrence and $500,000 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. 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 under this contract, whether such operations be by the Insured or by anyone 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 Insurance (or contingent public liability and contingent property damage policies) by a ' general contractor whose subcontractor has employees working on the project, unless the 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. 1 • 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 falls 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 fails 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 orthe 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 fall 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 fail 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, • 1 • 9. Indemnity. To the fullest extent permitted bylaw, 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 attomeys'fees arising out 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 Injury to 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 negiigent act or omission of contractor,any subcontractor,anyone directly or indirectly employed by any 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 labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall fumish 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 March 22. 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 four hundred fifty seven thousand eleven 5/100 Dollars ($457,011.05). ' 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. • 14. Knowledce 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. 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. Governina 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 M 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 Documents. 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 other documents 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 Underatandina, Mercer, 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 prior contracts and understandings between the Contractor and ' 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 oraftered by any oral promise orstatement 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 Mchanges or modifications that were not properly authorized. 21. Waiver of Breach . N 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. Assionment. 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 3515 N. Ten Mile Dr.Jefferson City, Missouri. The date of delivery of any notice shall be the second full day after the day of its mailing. 1 1 • 1 • IN WITN HEREOF,the parties hereto have set their hands and seals this �D day of 2005, CITY OF JEFFERSON CONTRACTOR MEYEP LECTRIC Co. , INC. �- a r Title: Leon J. Ke ler, Vice Pres. ATTEST: ATTEST: • C ty Cler tle: Joseph E. Na n, Secretary APPROVED AS TO FORM: ' City C slot r ' Bond 11104476438 • PERFORMANCE. PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Meyer Electric Co , , Inc, 3515 N Ten Mile Drive Jefferson City. MO 65102 ' hereinafter, referred to as "Contractor" and St , Paul Fire 6 Marine a Corporation organized under the laws of the State of Minnesota ' 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 toas"Owner" $457 011 ,05 - In the penal sum of DOLLARS ,011--0 5 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 OFT HE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the, above bounded Contractor has on the day of 20 ,entered Into a written contract with the aforesaid Owner ' for furnishing all materials,equipment,tools,superintendence,labor,and otherfacllities 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 1 1 • 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, lubricatiAg 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 Hs 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 Contractorfalls 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 omission, in any amount not exceeding the amount of this obligation together with ' Interest as provided by law: ' • IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the 1 ' • said Surety has caused these presents to be executed in its name, and Its corporate ' seal to be hereunto affixed, by It attomey-In-fact duly authorized thereunto so to do, at ' . Jefferson• City, ..Misaouri on this the ' 1.1st dayof April 20' O5 st, P'au1 Fire' & Marine Meyer Electric Co . , Inc, ' SURETY COMPANY CONTRACTOR �fi�SEAL) Y ) ' BY THOMAS S. NAUGHT (SEAL) BY Paul H. Meyer (SEAL) Attomey-in-fact (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 ,l • TMgStpaul POWER OF ATTORNEY w Seaboard Surety Company United States Fidelity and Guaranty Company ' St.Paul Fin and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company ' Power of Atlorney No. 20702 Certificate No. 2183591 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surely Company Is a corporation duty organized under she law$Of the State of New York,and that St.Paul Fire and Marine Insurance Company,51.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company we corporations duly organized under ' she laws of she State of Minnesota,and that United Slates Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa, and that Fidclhy and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under she laws of the State of Wisconsin(herein collectively called the "Companies"),and that she Companies do hereby make,constitute and appoint ' Thomas S.Naught,Dorothy M.Baker and Harry D.Naught Jefferson City Missouri ' of she City of ,State ,their we and lawful Atlomey(Q•in•Fact, each In their separate capacity If more than one Is named above,to sign lac name u surety to,and to"mule,seal and acknowledge any and all bonds,undertakings. contracts and other written Instruments In she nature thereof on behalf of the C panies I .,Ihelr business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and unde�Ijov m!to;L�i�any actions or proceedings allowed by law. �^ V 2r April 2003 W WITNESS WHEREOF.the Companies have caused this instrsrp7lo brayli�dld anysl; day of , Seaboard Surely Company�<<ii1��"t ,~,� U,nitedr Stales Fidelity and Guaranty Company St.Paid Fire and MarintAA11sce O�i y,�� Fidelity and Guaranty Insurance Company ' St.Pout Guardian nsura n a ```` Fidelity and Guaranty Insurance 0aderwrilera,Inc. Su Paul Mercury Insus�n` i�y, V `^�`;� N1r r • ',r,par• r��,�YY`"' r�•lO� 'r,•Mtlr` "WEND�( 1\� ono + d'r 02� se:u `aal�L o' an q ien� t PHMR W.CARMAN,vice President State of Maryland Clly of Baltimore 7710MAS E IIUlaREMA AsshuM Secreury ' On this 2 r day o[ APB 2003 ,before me,she undersigned omcer,personally appeared Peter W.Carman and Thomas E.fiuibregsse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company.St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United Stases Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seal&affixed to the foregoing Instrument aro the corporate seats of said Companies;and that they,as such,being authorized so to do,executed the foregoing Instrument for the purposes therein contained by signing she names of else corporations by thenselves as July authorized officers. ' In Witness Whereof,J hereunto set my hand and official seal. MY My Commission expires die tat day of July,2006, er ear's 111a11!CCA ttAS1.6R0N0KAt.A,Notary Public 1 ' 86203 Rov.7.2002 Printod In U.S.A, This Powerof Atlomey is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul 1 Fire and Marine insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United Slates Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now In full fora an effect,reading as follows: RESOLVED,that in connection with the fidelity and surety Insurance business or the Company,all bonds,undertakings,contracts and other Instruments relating 1 to said business may be signed,executed,and acknowledged by persons or entities appointed as Attomcy(gdn-Fact pursuant to a Power of Attorney issued In accordamm with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company,either by the Chairman,or the President,or►ray Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. 'Ihe signature of each of the foregoing officers and 1 the seal of the Company my be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Atiomey(s)-in•F►et for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certlBed by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to ' which it Is validly attached:and RESOLVED FURTIIER,that Altorrey(s)dmFact shall have the power and authority,and,In any case,subject to the terms and limitations of the Power of Attorney Issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undefUldngs,and other 1 writings obligatory in the nature thereof,and any such Instrument executed by such Attomey(s)dn•Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1,71somu E IlulMeguie,Assistant Secretary of Seaboard Surety Company,St.Paul No and Marne Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance , Underwriters,Inc,do hereby certify that Use above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which Is in full fora and effect and hu not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this tot day of April 2005 ' r,,..,.� ab 71amu E.Nuibregtse,Assistant Secretary .yy 1 7b veto tie aarAru&Iry of We Power of Adorney,call f d001�itaa ItA�Tu�m�o}�sy clerk Pfeare refer to Me Neer of Adorney uuasbrr, As abom named"Pitilaale sad lake ddallr of the bond to wAleAlAtro�rr at 1 1 1 1 1 1 i 1 1 ' CERTIFICATE OF INSURANCE Issue Date 3/31/05 ' PRODUCER Builders' Association Self-Insurers' Fund • 1100 Walnut Suite 3010 Kansas City, I%IO 64106 Meyer Electric Co. 3513 North Ten Mile Drive Jefferson City, MO 65102 • This is to certify that the policy of insurance listed below has 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 this certificate may be issued or may pertain, the Insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policies. Limits ' shown may have been reduced by paid claims. TYPE OF IIJSURANCE POLICY# DATE EFFECTIVE POLICY EXPIRATION ' WORKERS'COMPENSATION 05WC0793 111105 12131/05 & EMPLOYER LIABILITY ' THE PROPRIETOR/PAP,TNERSIEXECUTIVE OFFICERS ARE: Included X Excluded ' • WORKERS' COIAPENSATION - STATUTORY LIMITS: X EMPLOYERS LIABILITY LIMITS Each Accident 1,000,000 Disease- Policy Limit 1,000,000 Disease- Each Employee 1,000,000 All Work In Missouri Street Lightinci Improvements Downtown Area Project #32050 Should the above described policy be cancelled before the expiration date thereof, the issuing company will endeavor to mall 30 days written notice to the certificate holder named below, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. CERTIFICATE HOLDER ' City of Jefferson Dept. of Community Development 320 East McCarty Street ' Jefferson City, NIO 65101 ' AUTHORIZED REPRESENTATIVE A1.h %- CERTIFICATE OF LIABILITY INSURANCE OP ID w DATEIMMIDDF/-M MEYER-1 04/04105 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Naught-Naught / Jefferson City ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1441 Christy Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P O Box 1768 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, i2K,arson City MO 65102 es573-634-2727 raxL573-634-7762 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURERA: Clw/ea.tl in,urYe,Cu y INSURER 0: Meyyeer Elec c Co., Inc. 3513 M Ten tr M ie Dr INSURER C; P.p Box 10 3 INSURER D: Jefferson City MO 65102 INSURER E: COVERAGES KAXOF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDADOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR .THE PCURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH GREGATE LIMITS SHOWN MAY HAVC BEEN REDUCED BY PAID CLAIMS. TYPE Of INSURANCE POLICY NUMBER DATE MMIDDM' 0 TE LIMITS ERAL LIABUrY EACH OCCURRENCE 51,000,000 COMMERCIAL GENERAL LABILITY CPP0740506 11/01/04 11/01/05 PREMISES(Ea $300,000 CLAMS MADE XX OCCUR MED EXP(Any"pN w) $5,000 X,C,U Included PERSOwuAAMINAJRY $1,000,000 OCP CAP5826911** 04/01/05 09111105 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE pP LrItRAT APPLIES PER PRODUCTS•COMPIOP AGO $2,000,000 POLICY X IEG LOC AUTOMOBILE LWBITY COMBINED SINGLE LIMIT A X ANY AUTO CPA0740506 11/01/04 11/01/05 (EX'�denl) $1,000,000 ALL OWNED AUTOS BODILY INJURY ' SCHEDULEDAUTOS (py P, ) i X HIREDAU703 BODILY INJURY X NON-0WNEO AUTOS (Pm AttldWI) 3 ' PROPERTY DAMAGE i GARAGE LABILITY AUTO ONLY-FA ACCIDENT $ ANYAUTO OTHERTAN EAACC S ' AUTODNLY: AGO 3 EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE 38,000,000 A X OCCUR FiCLAwSMADE CPP0740506 11/01/04 11/01/05 AGGREGATE $8,000,000 S DEDUCTIBLE $ X RETENTION $-0- 3 ' WORKERS COMPENSATION AND TOR LIMIT6 R EMPLOYERS'LABILITY ANY PROPRIETOMPARTNENEXECUTIVE E.L FACHAOCIDENT S OFFICEWMEMDER EXCLUDED? E.L.DISEASE•EA EMPLOYE $ Nyyp� d,xrIM IXIdx 6PE'dAL PROVSIONS b,IW E.L DISEASE-POLICY LIMIT 3 ' OTHER A Installation/ CPP0740506 11/01/04 11/01/05 Any One $1,000,000 Builders Risk Location Limit ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate has been issued with respects to - Street Lighting Improvements Downtown Area - Project *32050 ($457,011) ** Owner - City of Jefferson, 320 E. McCarty St., Jefferson City, MO Limitsl $1,000,000 General Aggregatel $1,000,000 Per Occurrence CERTIFICATE HOLDER CANCELLATION ' LrrTyiEr SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO HAIL 30 DAYS WRITTEN • city of Jefferson NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ' Dept Of Community Development IMPOSE NO OBLIGATION OR LIA01l.ITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 E. McCarty St REPRESENTATIVES. Jefferson City MO 65101 AI�fTHORREPRESENTATiV' ACORD 25(2001108) ��'�'� 0 ACORD CORPORATION 1988 • FORWARD GENERAL PROVISIONS ' The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified as set 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 tiled as follows: One(1)with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development ' One(1)with the Contractor 013-2 DEFINITIONS ' Wherever any work or expression defined In this article, or pronoun used in Its steed, 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"shall 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 limited 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. ' B. "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 by the 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 documents the words"as directed","as required","as permitted","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. Simllarlythe 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 thejudgment of the Cityand 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" shall 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 ' • 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 orfollowed bythe 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 surety 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 detective 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-6.1 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 1 ' occurrence nor less than $2,000,000 aggregate to limit for the policy year. ' • GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY& 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 least $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-6.6 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liabilityand Property Damage Insurance Issued In the name of the Owner and the Engineer as will protect both against any and all 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 shell 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 shell contain no exclusion relative to: ' (1) Blasting or explosion. (Consult Technical Specifications Part I 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 Clty'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 shalt 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 ' will protect him against any claims resulting from injuries to and death of workmen engaged In work under this contract. GP-6.8 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the Cityfrom 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 for the circumstances which may occur 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. ' If the aggregate value of the City-furnished and Contractor-fumished equipment is less than$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 fences, 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,omisslon,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,materiel men,or suppliers of machinery and parts thereof,equipment,powertools and supplies incurred In the fulfillment 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 far 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 consented to,shall relieve the Contractor of his liabilities under this contract. Should any assignee fail 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 6 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 materiels 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 contractor's work as fit and ' proper for the reception of his work,except as to defects which may develop in the other contractor's 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 1 1 ' • 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. GP42 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 necessary to 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 if 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-12.4 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 ' iaepresenlative,the Contractor may make written appeal to the Engineer tar his decision. The Construction Representative and other properly authorized representatives of the Cityshall 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, it the City so decides, to annul the contract. ' Such construction representation shall not relieve the Contractor from any obligation 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 orderfrom the Engineer,and the Contractorwill 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 comply with Instructions in this respect the City may,upon certification by the 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. It such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. it 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 centerline 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 bythe Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-16 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-19 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 If ' 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 Ills purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public ' • streets and highways shall be so placed,end 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 vicinityof 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 Contractor shall 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 safety of fife 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 bythe Cityor any of their officials,employees,or agents,nor anyorder bythe 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 bythe City,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this 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 effected 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. Allowance to 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 if 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 bythe ' 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 (10) 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-28 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-28 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 ii he should fail 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 after 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 bywhatever 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 by the 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 falls 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 by the 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 than that Intended or specified, unless such use Is specifically authorized by the Engineer In each case. GP-35 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 his 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-39 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 maybe 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 everycalendar day that such contract remains uncompleted afterthe time allowed forthe 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 shall 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. GP-40 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 10 06 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 ready for final Inspection and acceptance,the Engineer will 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 perform 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 purchases or in letting contracts for the performance of anyjob 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 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-46 AWARD OF CONTRACT-REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all 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 waiver Is In their Interest. ' GP-46 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 0G)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. GP48 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 fails to comply with the requirements of hiring only Missouri laborers or laborers from ' non-restrictive states,absent statutory exceptions,whenever there Is a period of excessive unemployment In Missouri,agrees to hold harmless and Indemnify the City of Jefferson,Missouri,for anyliebilitythet 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 1 1i i 1 ' 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-5 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, Detall 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. SP-6 CONDUIT FOR FUTURE FIBER OPTIC CABLE ' • The contractor shall Install condult(s) in the locations shown on the plans (sheet 71). The conduit shall be 2"dia PVC. The conduit shall be placed In the same trench as the street lighting ' whenever possible. The conduit shall be placed at a 36"minimum depth. The exact location of ' • the conduit shall be established in the in concert with the engineer. SP-7 SIDEWALK REMOVAL AND REPLACEMENT Contrary to the directives contained in the plans, replacement of the sidewalk will be bid as a separate Item.The sidewalk shall be 4"thick portland cement concrete and shall be built according to City of Jefferson standards. SP-8 Paved Areas Trenching Details ' . The asphalt surface mix shall be 2"In depth and be supplied and installed by the City of Jefferson, Street Department. This work shall be coordinated with the construction Inspector. 1 t 1 1 1. • :1 TECHNICAL SPECIFICATIONS 10 ' �111111111ppp4°°° THOMAS G. s� SWENSON _ - NUMBER �S ENGINEER ' DATE ' STREET LIGHTING • 1.0 Description. This section governs the furnishing of all labor, materials and equipment for the installation and testing of a complete, operational lighting system as specified in the following specifications, as shown on the plans, as directed by the Engineer, and those sections ' of the Jefferson City Technical Street Specifications (hereinafter called "City specifications") that are either directly or by reference Included herewith. ' 1.1 Revision of Standards. When reference is made to a standard (ANSI, ASTM, IES, etc,) the standard referred to shall be the latest revision of said standard as amended at the time of the Advertisement for Bids, except as noted on the plans or in these specifications, ' 1.2 Throughout these specifications, the term "Engineer" shall mean the Engineer in charge of inspecting the project or an approved representative of the City of Jefferson, Missouri. 2.0 Equipment and Materials. 2.01 This section governs the furnishings of all luminaries, poles, cable, and other materials as required to complete the street lighting work as shown on the plans and as provided for in these specifications. 2.02 Concrete. Concrete for foundations, pads, and sidewalks shall be in accordance with the City specifications, whether reinforced or nonreinforced. ' • 2.03 Reinforcing Steel. Reinforcing steel shall be placed as shown on the plans and shall conform to ASTM A615, Grade 40 or 60. ' 2.04 Conduit. Conduit shall be placed as shown on the plans. Conduit and fittings shall be rigid Polyvinyl Chloride, Schedule 40 and shall conform to NEMA Standard TC-2, Conduit, fittings, and cement shall be supplied by the same manufacturer, ' 2.04.1 Cable-Conduit. Contractor has the option to use the cable-conduit combination In place of separate conduit, distribution cable, and ground wire. ' 2.05 Anchor Bolts. Anchor bolts shall be of the size, length, and deformation as shown on the plans or described in these specifications and shall conform to ASTM A307. Nuts, washers, and no less than the top eight (8) inches of the bolts shall be galvanized (2,02 ounces per ' square foot) as specified by ASTM A153. Nut dimensions shall conform to requirements of ANSI B18.2 for heavy semi-flnished hex nuts. Washer dimensions shall conform to ASTM F436. ' 2.06 Cable. 2.06.1 Service Cable and Distribution Cable. Cable shall be stranded annealed copper, single conductor cables for operation at 600 volts maximum, sized as shown on the plans. Material shall meet the applicable requirements of I.P.C.E.A. Standard S-19-81, with thermoplastic insulation of GRS-Rubber based meeting Appendix K (A) of I.P.C.E.A. and listed by U1, as Type U.S.E. for direct burial; or material shall meet the applicable requirements of I.P.C.E.A. Standard S-66.524, interim standard #2, with thereto setting insulation of cross link ' • polyethylene meeting the requirements of Column "A" of I.P.C.E.A, and listed by U.L. as Type U.S.E. RHW-75° C. 1 • 2.06.2 Pole and Bracket Cable. Cable above handhole to luminaire shall be single conductor ' with minimum 600 volt rating, No. 12 A,W.G. Type THHN/THWN. Conductor shall be stranded, annealed copper. ' 2.07 Control Center. Control center shall be an underground service type, rated for 300A, 240 volts. Pedestal shall be heavy gauge steel raintight construction with individual meter, panel, contactor, and rear service pull "compartments". Meter and panel compartments shall have ' piano hinged doors with padlocking provisions. Meter bases shall be of the type used by the local utility and shall include internal bypass mechanisms as specified by AmerenUE. Panelboards shall have copper buss and shall accept 1-inch plug-in breakers manufactured by ' GE, Westinghouse, or ITE. Panelboard compartment shall contain photocell and test switch. All factory installed wire shall be copper. Control center shall be I.I.L. listed. Pedestal finish shall be bronze baked enamel conforming to ASTM-1317 specifications over corrosion resistant primer. Control center shaft be Myers MEUGQD-M150/50-JCMO or MEUGQD-M100/50-JCMO or approved equals. 2.01) Photocell. Photocell shall be cadmium sulfide type, 1200 watt, single pole, double throw, ' twist lock mounting, 105.240 volt operation with a turn-off of less than 2.0 footcandles. 2.09 Poles.Two types of poles are specified in the plans. Square poles are to be used along all ' streets and wood poles are to be used in the alleys. 2.09.1 Square Pole. Square poles shall be straight aluminum poles, square in section, ' Lexington Standard Corporation Model Number 3000.60606Q4-BZ. The color of these poles • shall be anodized bronze. Eleven (11) poles on the Central Bank property shall have the brushed aluminum finish, Lexington Standard Corporation Model Number 3000-6060604. Approved equals will be accepted. ' A. Pole shaft shall have an internally mounted vibration damper. ' B. Handhole cover shall be secured with white nylon hexhead cap screws. Also, a 12-Inch long #38 aluminum sash chain (or equivalent) shall be provided to connect the handhole cover with the handhole frame or inside of pole. 1 C. The 14 poles that will have flood lights attached to them should Include a tenon on the top of the pole with a diameter measuring 2-3/8". These poles will be ' Lexington Standard Corporation Model Number 3000-6060604-BZ-P2. 2.09.2 Wood Pole. Wood poles shall be of the Southern Pine species as defined In ASTM ' D1165. All poles shall conform to the requirements of ANSI 05.1, Class 4. All poles shall have a minimum diameter of 6 3/4 Inches measured at the top of the pole. Poles shall be treated with Phentachloropehnol and Ammoniacal Copper Arsenate (ACA) or Chromated Copper Arsenate (CCA) in accordance with APWA Specification C4. The minimum retention of each of the preservatives shall be 0.38 and 0.60 pounds per cubic toot of wood respectively. ' 2.10 Junction Box. Junction boxes shall be 12"x12"x4" watertight NEMA 4 enclosures. Junction boxes shall be designed for external mounting, They shall be stainless steel or PVC with 1/. Inch minimum wall thickness. All connections to the boxes shall be watertight including • the covers,which shall be removable. 2.10 Luminaires. Lighting fixtures shall be as indicated. The details, shapes, and dimensions ' • are indicative of the general type desired, but are not intended to restrict selection to fixtures of any particular manufacturer. Lighting fixtures must be approved by the City. 2.10.1 Rectilinear Luminaire. Single luminaires shall be Gardco Lighting Form Ten EH Arm ' Mount (EH19-1-1-250MH-240-BRA). The Double luminarie shall be Gardco Lighting Form Ten EH Arm Mount (EH19-2-1-250MH-240-BRA). Approved equals will be accepted. ' A. The color of each luminaire shall match the pole. B. Ballast shall be a regulator type, high power factor (0.90 or better) for high ' pressure sodium at a voltage of 120/208/240/277 volts. The ballast shall be preset for 240-volt operation. The ballast shall be capable of reliably operating the lamp with a line voltage varying plus or minus 10 percent from normal. 2.10.2 Floodlight. Floodlights shall be GE Lighting Systems PF-400 Powerflood (PF4S-25-S-3- A-1-6X6-DB-K). Approved equals will be accepted. A. The color of each luminaire shall match the pole as close as possible. B. Ballast shall be a regulator type, high power factor (0.90 or better) for high ' pressure sodium at a voltage of 120/208/240/277 volts. The ballast shall be preset for 240-volt operation. The ballast shall be capable of reliably operating the lamp with a line voltage varying plus or minus 10 percent from normal. ' • 2.10.3 Security Light. Security lights shall be GE Lighting Systems 201SA Unit Pack (SAM-15- S-3-N-2-2-1-45AS-C). Approved equals will be accepted. A. Luminaire bracket arm and mounting hardware shall be included with the fixture. ' B. Ballast shall be a regulator type, high power factor (0.90 or better) for high pressure sodium at a voltage of 120/208/240/277 volts. The ballast shall be preset for 240-volt operation. The ballast shall be capable of reliably operating ' the lamp with a line voltage varying plus or minus 10 percent from normal. 2.11 Lamps. All lamps for rectilinear luminaries and floodlights shall be 250-watt clear high pressure sodium vapor, rated 27,500 initial lumens with a 24,000 hour rated average life. ' Lamps for security lights shall be 150-watt clear high pressure sodium vapor, rated 16,000 initial lumens with a 24,000 hour rated average life. ' 2.12 Submittals. Within ten (10) days following the date of the award of the contract, the Contractor shall submit four copies of a complete schedule of equipment and materials proposed to be Installed for approval. Detailed shop drawings shall be submitted for manufactured equipment. Manufacturer's bulletins, leaflets and other descriptive data which contain cuts, dimensions, specifications, and wiring diagrams will be acceptable for standard cataloged equipment. Such bulletins, leaflets and other descriptive data shall be clearly marked ' to show which Item is to be used and which paragraph of the contract specification it is to satisfy. Orders shall not be placed until written approval is obtained from the Engineer. The Engineer may delay the notice to proceed or suspend work until all submittals have been made ' • and approved. ' 2.13 Traffic Control. All necessary traffic control shall conform to Missouri Department of ' • Transportation (MoDOT) specifications, Section 902. 2.14 Spare Equipment. Spare equipment included in the contract shall conform to these specifications and shall be from the same manufacturer and of the same style, model, etc., as ' equipment Installed on the project. Spare equipment should Include three (3) poles and three(3) luminaries. The spare items shall be delivered to the City at a place and time mutually agreed on by the Contractor and the Engineer. 3.0 Construction Requirements. ' 3.01 Removals. Items noted to be removed Include existing poles and fixtures as well as service, street lighting and traffic signal cables. Existing poles and luminaries to be removed will be delivered to the owner of the fixture at a place and time mutually agreed on by the Contractor ' and the owner of the fixture. Eleven (11) of the existing poles to be removed are located on the property of Central Bank, and the poles are owned by the bank. One (1) existing pole to be removed near City Hall is the property of the City of Jefferson, Missouri. All other poles to be removed are the property of AmerenUE. All poles, luminaires, and wiring that is property of AmerenUE shall be wasted by the contractor. The exact location of these poles is noted in the plans. Luminaries shall be removed from the poles before the poles are removed from the foundations. The Contractor shall be responsible for repairing any damage Incurred while ' removing, storing, or transporting these Items. if deemed Irreparable by the Engineer, the Contractor shall replace the damaged Item with new stock of equal or better quality. Cables to be removed shall be properly wasted by the Contractor. Abandoned cables shall be de- ' • energized, taped, and labeled "abandoned". 3.02 Excavation. The Contractor shall perform all excavation for installing underground ' conduits, boxes and pole bases in whatever substances encountered, to the depths Indicated on the plans or otherwise approved. During excavation, material suitable for backfill shall be piled in an orderly manner a sufficient distance from the excavation to avoid slides. All excavated materials not required or unsuitable for backfill shall be removed and wasted on a site(s) obtained by the Contractor. 3.03 Backfllling. All excavated areas shall be backfilled and compacted in accordance with the plans and City specifications. Backfill for trenches in unpaved areas shall be deposited in not over 6-Inch layers and tamped to 95 percent density t 3 percent moisture. The top 6 inches of backfill shall be select soil suitable for sodding. After backfilling, all disturbed areas shall be ' kept well filled and maintained in a smooth and well drained condition until permanent repairs are made. ' 3.03.1 Backfill around wood street light poles shall be concrete, with the minimum compressive strength of 2,000 psi. ' 3.04 Sodding. All disturbed grass areas shall be sodded. The type of sod to be used will be the same as was In place prior to construction. Sodding shall be completed in accordance with the City specifications. ' 3.05 Replacing Damaged Improvements. Improvements such as sidewalks, curbs, gutters, Portland Cement concrete pavement and asphaltic concrete pavement, and any other ' • Improvements removed, broken or damaged by the Contractor shall be replaced or reconstructed with the same kind of materials as found on the work or with materials of equal quality, The new work shall be left in a serviceable condition satisfactory to the Engineer. ' • Wherever a part of a square or slab of existing concrete sidewalk, driveway, or pavement is broken or damaged, the entire square of slab shall be removed and the concrete reconstructed as specified above. ' 3.06 Concrete Foundations. The bottom of the concrete foundations shall rest on firm ground, and foundations shall be poured monolithic. The exposed portions shall be formed to present a neat appearance. Forms shall be true to line and grade. Top of foundations, except raised foundations, shall be finished to curb or sidewalk grade, or as directed by the Engineer. Top of raised foundations shall be 2-1/2 feet above the adjacent ground line. Forms shall be rigid and securely braced in place. Conduit ends and anchor bolts shall be placed in proper position, to ' proper heights, and held in place by means of a template until the concrete sets. Anchor bolts shall be provided with hex head nut, flat washer and lock washer. Both forms and ground which will contact the concrete shall be thoroughly moistened before placing concrete. 3.06.1 Concrete shall not be placed until forms and reinforcing steel have been checked and approved by the Engineer. Placement of concrete shall be witnessed by the Engineer. ' 3.06.2 Concrete foundations shall be consolidated by an internal type vibrator. The amplitude of vibration shall be adequate to consolidate concrete properly. The concrete shall be cured with an approved moisture barrier such as wet burlap, polyethylene, etc., for a period of seventy-two (72) hours. Cold weather curing shall be maintained above freezing for the entire curing period. Forms shall not be removed until the concrete is thoroughly set. Following the removal of forms, the exposed portion shall be patched and smoothed to provide a neat, • finished appearance. 3.06.3 Following erection of poles, the Contractor shall install grout (mortar) between the pole ' base and concrete foundation in accordance with the manufacturer's recommendations. 3.07 Conduit. All conduit shall be Schedule 40 PVC. Installation shall conform to the ' appropriate articles of the National Electrical Code. All conduit for distribution cable shall be two Inches in diameter. ' 3.07.1 Conduit shall be joined using materials and methods recommended by the manufacturer. The Interior shall be sufficiently smooth to prevent cable damage during pulling. 3.07.2 Conduit bends, except factory bends, shall have a radius of not less than six (6) times ' the Inside diameter of the conduit. Where factory bends are not used, conduit bends shall be made without crimping or flattening, using the longest radius practicable. 3.07.3 Trenches shall be sufficiently deep to ensure that the top of the conduit is not less than twenty-four (24) Inches below final grade. The bottom of the trench shall be undisturbed, tamped or relatively smooth earth. Where the trench is in rock or rocky soil, the conduit shall be ' placed on a 6-inch layer of clean, tamped backfill. 3.07.4 Conduit set in concrete foundation shall extend approximately three (3) inches above the foundation vertically. Conduit entering pull boxes shall terminate two (2) inches inside the box wall and shall be sloped to facilitate the pulling of cable. • 3.07.5 Existing underground conduit to be incorporated into the new lighting system shall be ' cleaned with a mandrel and blown out with compressed air, 1 ' • 3.07.6 The location of conduit runs shown on the plans are approximate and may be changed with permission of the Engineer to avoid underground obstructions. 3.08 Cable-Conduit. The cable-conduit combination shall be installed in a trench of the type specified, Cable-conduit runs shall be continuous without splice between control panel, handholds, pull boxes and poles. All conduit ends shall be sealed around the cables with an approved readily-workable, soft sealing compound. The compound shall -be workable at ' temperatures as low as 30 F and shall not melt or run at temperatures as high as 175 F. Cable- conduit shall be allowed to"snake" In the trench, but there shall be no sharp bends and If two or more assemblies are placed in a common trench, they shall not cross each other. For concrete ' foundations, rigid conduit of sufficient size to facilitate the pulling of cable-conduit shall be cast in the foundation as shown on the plans. The cable-conduit shall then be cut off circumferentially approximately 6 Inches above the base plate in the transformer base or pole, ' leaving the cables exposed for connection. Where placed under paved roadways, other paved areas and any type of shoulder, the cable-conduit shall be Installed In rigid conduit. Standard commercial duct fittings shall be used to connect conduit of cable-conduit to rigid conduit, and the cables shall continue without splice through the conduit to the nearest pole base or pull box. 3.08.1 The ground wire shall be attached to the ground rod adjacent to each pole and control center. 3.09.2 Splices shall be made only in pull boxes and pole bases. No more than four cables shall be spliced in above-ground tee splices In pole bases. No more than three pairs of power cables ' • shall be spliced at any other location. Straight or line splices shall only be made in pole bases. After a conductor splice is made, it shall be insulated with a protective rubber boot designed for the pre-molded connector. All above ground-tee splices shall be accomplished with a splice ' block with a molded plastic insulating cover. The splice block shall be designed for the wire size used, have one port per wire, and the wires secured with set screws. The set screw holes shall be protected with removable plugs. Any required taping shall be accomplished with successive ' layers of Scotch No, 23 Electrical Tape and then wrapped with three layers of Scotch No, 88 All Weather Electrical Tape. The total diameter of the taped splice shall be approximately 1-112 times the diameter of the spliced conductor covering, ' 3.09.3 Underground cables splices, if specified, shall be made In a pull box. Straight or line splices shall be made with copper-clad pressed sleeves or an approved equivalent. Tee splices ' shall be made with a pressed sleeve, split or unsplit type or an approved equivalent. All splices shall be protected with a resin splice kit Installed In accordance with the manufacturer's recommendations. The resin splice kit shall consist of a protective plastic case designed for the ' type of connector used, filled with a resin insulating compound mixed in accordance with the manufacturer's recommendations. ' 3.09.4 Cables shall be pulled though rigid conduits by a cable grip providing a firm hold on exterior coverings. Cable shall be pulled with a minimum of dragging on the ground or pavement. Frame mounted pulleys or other suitable devices shall be used for pulling cables out of conduits Into pull boxes. Lubricants may be used to facilitate pulling cables. Slack in each cable shall be provided by a 6-foot loop coiled in each pull box. Where cable-conduit enters a pull box, conduit shall be cut away from cables in accordance with Section 902.5.1.1 of the • Missouri Department of Transportation (MoDOT) specifications. 1 3.10 Pull Boxes. Pull boxes shall be installed at the locations shown on the plans. The ' • Contractor may install, at his own expense, such additional boxes as may be desired to facilitate the work upon approval of the Engineer. 3.10.1 Pull boxes shall be installed on at least (8) inches of crushed rock as shown on the plans ' or as otherwise directed by the Engineer. Boxes shall be Installed so that the covers are level with the surrounding grade. 3.11 Wiring. The lighting system shall be wired and Installed as a 240-volt system. 3.11.1 Wiring shall conform to the appropriate articles of the National Electrical Code. No ' splices of cable will be permitted outside of pull boxes or pole bases. 3.11.2 Powdered soapstone, tale or other approved lubricant shall be used when installing ' cables in conduit. All cable to be installed in one conduit shall be pulled by the Contractor In one operation, and all ends shall be taped to exclude moisture and shall be so kept until the splices are made or terminal appliances attached. Ends of spare conductors shall be taped. ' 3.11.3 All splices in pull boxes shall be made with appropriate compression "C top connectors and two-way connectors. Such splices shall be carefully wrapped with successive layers of Scotch No. 23 Electrical Tape and then wrapped with three layers of Scotch No. 88 All Weather ' Electrical Tape. The total diameter of the taped splice shall be approximately 1-1/2 times the diameter of the spliced conductor covering. ' • 3.11.4 One foot of slack shall be left at all control centers and pull boxes for splicing and connecting wires. Wiring within boxes shall be neatly arranged and laced up. Wires shall be color-coded and circuits permanently identified In accordance with designations used on the ' plans. 3.11.5 All splices in light pole bases shall be made with in-line, weatherproof, breakaway fuseholders. Fuses shall be 3-amp KTK high interrupting fuses for the luminaries. Sufficient slack shall be provided in the spliced cables so that the fuseholder can be brought at least one foot out of the pole. ' 3.11.6 Luminaries not equipped with terminal blocks shall be connected to the pole and bracket cable with approved butt connectors. ' 3.12 Grounding. Each pole and control center shall be grounded with both individual grounds and system grounds. A 5/8-inch by 8-foot copperweld ground rod shall be installed adjacent to each pole and control center so that the top is six (6) Inches below ground level. A #6 A.W.G. ' (#4 A.W.G. for control centers) bare copper grounding conductor shall be fastened to the ground rod with a thermit weld or compression clamp. The grounding conductor shall go through a 1-Inch PVC conduit bend and the other end fastened to the grounding conductors and ' ground lug In the pole base (neutral bus and enclosure in the control centers). 3.13 System Testing. ' 3.13.1 Cable Testing. Prior to final Inspection, the Contractor shall test all cables for unscheduled grounds. Each conductor shall be tested to ground with a megohmeter at 500 ' • volts. Readings in each case shall be Infinity. ' 3.13.2 Operational Testing. Prior to acceptance, the entire system shall operate satisfactorily • for seven consecutive days. Satisfactory operation is: Turn on at dusk, all lights operate continuously until dawn, turn off at dawn, all lights remain off until turned on again at dusk. t 4.0 Measurement and Payment. 4.01 This section governs the method of measurement and basis for payment for the furnishing of all labor, equipment, tools and materials and for the performance of all work necessary to ' complete any construction and installation covered by the plans and these specifications. 4.02 Items Not listed in the Proposal. There shall be no measurement or separate payment ' of any items of work not specifically identified or listed in the proposal and all cost pertaining thereto shall be Included in the contract unit prices for other items which are listed in the proposal. ' 4.03 Method of Measurement. ' 4.03.1 Luminaires. Luminaires will be measured per each for each type listed in the proposal. Lamps will be considered subsidiary. ' 4.03.2 Poles. Poles will be measured per each for each type listed in the proposal. Pole and bracket cable will be considered subsidiary. For wood poles junction boxes, conduit on poles, service entrance heads, and all fasteners will be considered subsidiary. 4.03.3 Concrete Foundations. Concrete foundations for poles will be measured per each for • each type listed in the proposal. Anchor bolts, nuts and washers, and grounding will be considered subsidiary. ' 4.03.4 Conduit. Conduit will be measured along the conduit from center to center of facility per linear foot. Trenching, backfilling and conduit extended up at foundations and pads will be ' considered subsidiary. 4.03.5 Underground Cable. Underground cable will be measured along the conduit line from ' center of facility to center of facility, per linear foot of each size of cable installed. Five feet shall be added to the measured length for each entry Into and for each exit from a foundation, control center, transformer, and pull box. The length of excess cable required to be racked in each ' AmerenUE manhole or service box shall also be added to the measured length. For measurement purposes, a cable Is defined as a single conductor cable. Fuseholders will be considered subsidiary. ' 4.03.6 Control Centers. Control centers will be measured per each for each type listed in the proposal. Grounding, photocell, and concrete pad will be considered subsidiary. ' 4.03.7 Pull Boxes. Pull boxes will be measured per each for each type listed in the proposal. 4.03.6 Removals. Removals will be measured as one per contract. ' 4.03.9 Traff ic Control. Traffic control will be measured as one per contract. ' • 4.03.10 Spare Equipment. Spare equipment will be measured per each for each type listed in the proposal. ' • 4.04 Basis of Payment. Payment for the completed and accepted work will be made at the contract unit bid price. 1 I 1 1 .• Of / If • City of Jefferson ; E John Mayor Date: March 18, 2005 ' TO: Prebid Meeting Attendees and all Plan Holders FROM: Jason Schneider ' Design Engineers RE: Street Light Improvements for Downtown Area A pre-bld conference was held in the small conference room of City Hall on Monday, March 14, 2005 for the above noted project. Those attending the meeting are as listed below: ' NAME REPRESENTING PHONE 1. Ralph Smith Gerstner Electric, Inc (636)349-5999 ' 2. Leon Keller Meyer Electric (573)893-2335 3. Britt Smith City of Jefferson, Community Dev. (573)634.6410 4. Gene Williams City of Jefferson, Community Dev. (573)634.6410 5. Jason Schneider City of Jefferson, Community Dev. (573)634.6538 ' • 81 Charlie Baysinger Alelco Inc. (573)491.3335 ' 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: ' No questions will be allowed after 12:00 PM, Thursday, March 17, 2005. Contract Time: 120 Calendar Days ' Bid Opening: Tuesday, March 22, 2005 at 1:30 p.m. Liquidated Damages: $500.00 a day. ADDENDUM Addendum 1 —Pre-Bid notes, Revised Bid Form &sheet 71 of the plan set. SPECIAL PROVISIONS REVIEW: The special provisions section for this project was reviewed at length, and those present were encouraged to review them carefully. F:ICITY-PROJECTSM05D-Downtown Street LlghtinglPre•aid Noles,doc 1 PLAN REVIEW: A review was conducted of the notes located on the plan and you are encouraged to review them carefully. ' It was noted that the rectilinear luminaire should match the finish of the accompanying pole. ' QUESTIONIANSWER:(Recelved at the prebid meeting and those received by telephone, etc, prior to 12:00 PM Thursday March 17,2006) QUESTION: Is there concrete around the wood pole? ' ANSWER: No concrete is to be installed around the wooden poles. QUESTION: Will MoDOT Install there own conduit and connect It to pull boxes? ' ANSWER: For clariflcatlon of notes on the drawings the contractor will Install all conduit, trenching and pull boxes supplied on this project. MoDOT will be responsible for pulling there own wire and connection to power sources. ' QUESTION: Is there a pay Item for curb and gutter? ANSWER: There is on pay Item for curb and gutter, contractor is to tunnel under it curb and gutter has to be cut it must be cut at the nearest joint and replaced at a minimum of a 5 toot ' section. RE—VISIONS: • Attached there is a revised page 71 of the plan set showing pull boxes,and revised types of conduit runs, Attached Is a revised Bid Form. The following revisions were made to the bid form: Item 1.07 quantity was Increased to 180 SY ' Item 1.14 quantity was Increased to 16 each Item 1.29& Item 1.30 were added to the bid form ' Items 2.01 thru 2.04 the quantities were adjusted according to the plan Item 2.05 was changes to read as follows Pull Boxes with 12" of additional depth. This shall Include all ' labor,material & Incidentals to Install a pull box according to plan 12"deeper than is shown on the plans. 1 Page 2 012 ADDENDUM NO. 1 ' PROJECT NO. 32050 Street Lighting Improvements in the Downtown Area March 16, 2005 1 • 1, Pre- Bid Notes, Revised Bid Form, and Plan Sheet 71. 1 1 ' 1. Page t of 2 ' • ADDENDUM NO. 1 PROJECT NO. 32050 ' Street Lighting improvements in the Downtown Area March 18, 2005 1. 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: Meyer Electric company, Inc. BY: �� ' TITLE: Leon J. Keller, Vice President CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT 1 • • Pago 2 of 2 t - ADDENDUM NO. 2 PROJECT NO..32050 Street Lighting Improvements in the Downtown Area March 18, 2006 1. Revised Bid Form — Item 1.07 the quantity was not changed on the Bid Form revised with the pre-bid notes part of addendum 1. ' The quantity is now 180 SY as stated In the Pre-Bid notes. 1 1 • 1 1 1 ' ADDENDUM NO. 2 ' • PROJECT NO. 32050 Street Lighting Improvements in the Downtown Area .March 18, 2005 ' 1. 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: Meyer Electric Company, Inc. TITLE:- Leon J. Keller, Vice President ' • • CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. - ' DIRECTOR OF COMMUNITY DEVELOPMENT 1 1 1 1 1 •