Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
ORD13854
BILL NO.` 2004-148 _ SPONSORED BY COUNCILMAN Martin ORDINANCE NO. `/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2005 MILLING AND OVERLAY PROJECT MO. 32078). WHEREAS, Jefferson Asphalt Company has become the apparent lowest and best bidder on the 2005 Milling and Overlay Project (No. 32078); NOW, "f HEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The bid of Jefferson Asphalt 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 Jefferson Asphalt Company for 2005 Milling and Overlay 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. Passed: �( 1� 1y r A roved c... pp Presiding Officer Mayor AT'T'EST: APPROVED,]S TO FORM: IL City Clerk City Counselor • U) Lt fc IV) ('71 ('1 w rLL ri ti d 6. rl 0. CL o' (i 6. d. CIL cL d. 6. ti. OL (n In 1� I Ill In in (1) CD al m a) a) m cli m CD in m In a) in to ED m m C;, It) it) I a[, kc, In 17, r) c: CD C 3 If; on U C" 0 C-1 fr) it, EL W IN N c 4 CJJ X C.) cl 0 r 0 I- ILL uj "I Ili U'i 0 In Q U 0 LO V) (L. tj to it, Lt, 11 Ld C) , UJ zo it, ip it, in if, 2 i" Is Z FE n in m It < < 0< lL a 'C'1 a. 8.11) 11. N (D U If > z UC7O U) U uj I 0 Z '2 C, CL 0 1! 0 z - Of co z 0 E -j -i Z r Z m (D In M (1) fr, r-_ ff7 f- 0 M C' (x) I- cl, to to Ci an 0 to 7 (A ('J IN C-4 '4 an W a > Lt. 0 0 IN M I— o, C7 F- CO (1) 04 C11 (D f— ff) cl g C'4 of I-- C) tra LLJ C) �; t- c If) to In e, t or a") r'-- 'c'TI Cc) ZZ) (ML) ct:-' ((n c(no Ij C.)) -a cm-'� am " ("' 0 at, I C' C) O r) (14 IN Of 14 in C'4 0 x ci o m I C' C, (S) CJ V) u ci I- C) a �[) -1 Lt) (rj .71 C" 1:1 0) 0) an I U) t, :I, ?) 'C'O' r-� In C"' all an 0 LLJ '4 CA CN (N a) c I.A. LA. ILI IN C.4 11-1 m 10 CC) m CID (jo m n 1) CID I a) t- .11 CO C) U. "If V) C-4 04 04 N N N (11 M I•) M IN (1) 0 0 M ILL V, -) - 4- j 0 UI III C-) to u I If, ILI all < < g, Lit �j T 0 U, CC I (f c) T I-) C) Z-1 LIJ :If ILI Ili U) Li L 111 10 fY O UJ all fl- l 1 Ill Ci L) LIJ -I U� Lu Z U -,I < U) I U) LL N u 0 U r, 0 0 in U) 0 ft' LJJ 0 V, C w U ill -j 0 In UJ --a Lt) (r) uj V) L I r- all -i W W Z 12 0 U. CI Y. l C r: m E U V) CL C) y u c ;_� 0 a: tit z i V) Z ') < jr, LLJ LIJ ul C) C) "1 0 til I-I - _j V) V) (b Ll (,:) C) (I U'j (1 12 - :� M all it) �; in z U, 0 C) �t w x < < I ul z LI "I Ill (if IL fit III w w wj Ili UJI & I'M§IL \ m a 2 2 R2- . x wo a / a (L a m a / 0. r n (L n § m m = m m m m m m m m = o @ \/ $ / 2 2 £ \ / / 2 ± 2 2 % \ % '6 ( w W / \ ® ) e 5 § to e a 2 2 to \ 7 / UIL / ® § ( § 2 � Kz : � § w ° 2 . § ■ / at U I m ° . z 0 ■ � § §k / g R 2 G § e ® m m . b § ) ± t m . » o / / a \ c . § \ co CD k \ j \ } }§ , C—) ( to IN to z8 w _ o = oa § Q w _ / \ \ / E / \ ) / \ \ \ / } 2 } 2 , a a w w a N w r e e . r o r e f m f 9 m § � ƒ E o u \ o e \ o - 7 u w % 3 / § § \ \ } , B 9 ° § \ E@ @ / } G m K ° § / i ± \ & / \ § 2 < u \ / ) 2 a g . § \ § \ \ IT( § § { $ / m o w / \z z § \ j 2 # . o o z e m m / _ , , w or m to k } § m § § / - / J K j ( g ± m o \ e $ : . / \ \ \ ) > ( � @ } [ 3 t . o G ( E � * G / R u Binder Lake Road Overlay Exhibits A'1 .2 - - - - - - - - - - - - - - I I I � I _ _ _ _ Psirk BOUndary (,h 1 � � 1 rov \N 1 ' 1 I / I 1 I CL \T, N 1 '• r i CC) 1 r 1 , • r / / rte - `D 1 - - - - - - - - - - - - - - - - - - - - - /�'// FINANCE DEPARTMENT ® PCJI (A]ASINGO DIVISION SUBJE CT: Bid No. 2202 - 2005 Milling and Overlay Program, Project 32078 Community Development, Opened February 8, 2005 BIDS RECEIVED: Jefferson Asphalt, Jeflcrson City, MO 761.616.89 The advertisement for hills was published in the Ncws Trihune on January 23. 2005 and sent to eleven firms. Plans and speed nations were also submitted to three plan houses. FISCAL NOTE: 3502-9900-7350-4031 0200-6200-2025-0000 Street Resurfacing Parking - Parking Lot Malntenanec 2004-2005 Budget $ 632,000.00 2004-2005 Budget $ 2-1,680.46 Expended -0- Expended -(- Encumbered -U- 1?11cunlbcred -0- Bid 2202 631,425.85 laid 2202 2c1,341 .()4 Balance $ 574.15 Balance $ 339.42 3502-9900-7350-1040 Parks - Roads & Parking Imprv. 2004-2005 Budget $ 125,000.00 Expended -0- Encurnbered -0- Bid 2202 $ 105,850.00 Balance $ 19.150.00 PAST PEIZPOIZMANCE : Jefferson Asphalt has received the award liar this project in the past and has pertilrmcd satisfactorily. Staffbelieves the bidder will complete this project as specified and bid. RECOMMENDATION: It is the recommendation of staff to award this bid to .1clTerson Asphalt, JelTersllrl City, Missouri in an a1110LItlt 1101 to exel:Cd $761,616.89. It is also r•cconlnlended that the unit prices (or products to be obtained at the plant by the City on an us needed hoses he accepted liar both Jeficrson Asphalt, Jeflcrson City, Missouri and I liggins Asphalt. Tipton. Missouri A'ITACI(MI N'I'S - SIJI'POIZ'I'IN(i DOC'(JMFNTATION 'Tabulation ol'Bids, Departmental ltccunlnlendatiorj- Signatur Purchrrsrng gent Directrt+. C'o� lenity )evelopmcnt I. iii ►"' e e r s o n ® II CCIMMLINII'Y OEVCLOPMChI"r 41VA 5 Memorandum LAMICK C. !1UL1/, t�C;Q�KK CiO� '1��kfff 11 11111111 320 East McCarty Street Jefferson City, Missouri 65101 Phone: (573) 634-6410 Fax (573) 634-6562 • www.jeffcitymo.org Date: Mareh 1, 2005 To: L.,,Terry Stephenson - 1'urehtrsing Agent, Finance From: Britt E. Smith, P.1;., Streets and Parking Division Direeto Re: 2005 Milling and Overlay Program 1'ro,ject No. 32078, 13id No. 2202 Public Works has completed a review ol'the bids opened at 1:30 I'M on February K. 2005 for the above noted project. As part of the review all the bids %vere tabulated to check lOr math errors and to compare unit price quotes of the various contractors. Attached to this memo is file tabulation of the one (1) bid that was received for the overlay project and two(2) bids were received for material supply. Based on our review, we recommend acceptance of the base bid with the alternates A and 13 From the low bidder Jefferson ® Asphalt Company, 11.0. Box 104868, .Icflcrson City Missouri 65110-4868. The bid total including alternates A and 13 is $761,6 16.89. The project will be expensed as follows: Jefferson Asphalt Company Contract ('6761,616.89) Part A: Account Number: Amount Available: Required: Renurinhr{;: 3502-9900-7350-4031 $632,000.00 $631.425.85 $574.15 6200-62()0-2025-0000 $24,6811.46 $24.311.04 $339.42 3502-9900-7350-10,10 $125,000,00 $10+.850.00 $19,1511 Total $761,616,80 For Part 13, Material Supply, we would like to accept bids from both suppliers. If you need ally other information please fi•cl five to contact me at extension 450. Attachments: laid Tabulation Sheet Original Bid Submittals C: Rich Mays I'at Sullivan • P:�C.'I'1'1'-PItO1E:C'hti 32078.2005 Nulling&..Overlap Ihngr:un('orresllondener Purchasing Nienu,.doc ® Q Q i W � a a z 0 a F W z ( n N �t 000 Cam. d c M0 0 9 OSo 0CDw zN M 10 tj N p 10 In - '- C')p C) O tD th h M In CJ C) N !{ Lo Q) N to r' O �Y (l! 7 N �f t� •1 f) a M W 10 .G O tD K K O) r- '- •t V M IN to It In p. t0 (0 If) If) It) O N _O tD lC/l Q O fn to t/) l0 If)VI in l/i N N V) N 0 O Q' 0 C V O N 1O N In h C7 CO rlD •, SNUCI h loin p d ri N �j Cl o M N 01) v)I/) (//to NI e0 to In N M Z D cc) th to v)to r a 0 WORM Inooc,� pu m ro ro naY vo uu o ooln LLgWO W h r- NOCtnOC, � � •2 V o0 ot'� o ooV LL O N. ? Z O to r O rn G N Qi Ooi to VO/ o O Di LL MZ U 2 Q O CM N V U) (D r`N 1� 0 C,_ O w Q to to to to U m Z 0. p pp cc pp J w Z w N Z U M v)v)I/) In v'N r- Ern) M Z d in C. N w YC � m ti tv N -_ Z to MOOhO to fD Io as r) �$Nr, r, � ry� • •? N ¢ Q to h o �- cci M a U) >- z Fto(n toW � r- T F0 C3 Q CO to mtn w w nnw w N a�i d Q IV Q c M W o W p N W Q Q W m O Qz In f ;, a � ¢ m ITS M O o r rn W U 4 K CD Q v w w F U T) Irn C W 0 O C N .- O Q a a U r H z N 6 M U w a) t0 �' Y iC In m 'O fl N m z U o, w a m E H p > Q o n N c > Q n Co N �+ n - O i d -;U U a o e W U W N t@L F- ) a r �- a U .c m mN .c a F ° Q Q c Q tm w � W a.S z My o g nw :' F- 3` F - O ooaEro � o � � In J U ioUUUUELC.UO as aLLM • �' O O IS .- O p w <L MM aI ai Z ~ m to:4 aoro 2005 Milling & Overlay Proje.et No. 32078 Material / Product Supply Material or Product Unit Cost Per Jcfferson Higgins Asalt Asphalt Bituminous Pavement — BP-1 $30 $35 Bituminous Pavement — 1311-2 $30 $35 Black Base $30 $35 Cold Mix $43 $40 Poly-Perm Cold Mix n/a n/a Ultimate Paving Material $90 n/a r r 1 � 1 CONTRACT DOCUMENTS IV Mill Q tl r ' CITY OF JEFFERSON SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 32078 g 2005 Milling & Overlay Program r 1; 1 Jefferson Ci ty Department of Community Development ' January 2005 • F CI Y-PROJECTSQ2078-2005 Milling&Overlay Pro ram12005 mill and overlay contract. P d January 18,2005 MINI ® TABLE OF CONTENTS i • Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form * • Bid Bond * • Anti-Collusion Statement • Contractor's Affidavit * • Minority Business Enterprise Statement • Minority Business Utilization Agreement • Affidavit of Compliance with Prevailing Wage Law ® Prevailing Wage Determination ' 0 Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification ' 0 Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions ' 0 Special Provisions • Attachments Exhibit 1: Schedule of Quanities Exhibit 2: Lot 26*Chip and Seal ' Addendums If Any) Y) ' (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 FACITY-PROJECTSQ2078-2005 Milling&Overlay Program\2005 mill and overlay contract,wpd January 18,2005 I�r or i q O� John Landwehr City of Jefferson �� - p Mayor ► }y_r 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, Febuary 8, 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. 32078, 2005 Milling&Overlay Program" will include the furnishing of all material, labor, and equipment to the furnishing of all material, labor, equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson.. A pre-bid conference will be held at 11:30 AM, on Wednesday, January 26, 2005 in the Lower Level Conference Room of City Hall 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 Fifteen Dollars ($15.00) 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 ' JTerUry Step` nson Purchasing Agent Publication Dates Sunday, January 23, 2005. FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 1 NOTICE TO BIDDERS Sealed bids will be received at the Office of the Purchasing Agent,ent g City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 PM an Tuesday, Febuary 8, 2005. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work forthe project entitled "Project No. 32076, 2005 Milling&Overlay Program will include the furnishing of all material, labor, and equipment to the furnishing of all material, labor, equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson.. A pre-bid conference will be held at 11:30 AM, on Wednesday, January 26, 2005 in the Lower Level Conference Room of City Wall of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. iAll 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 Fifteen Dollars ($15.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be 1 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 eequal 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 Patrick E. Sullivan, PE ' Director of Community Development • F,ICITY-PROJECTSQ2078-2005 Milling 3 Overlay Program12005 mill and overlay contract.wpd January 18, 2005 INFORMATION FOR BIDDERS I13-1 SCOPE OF WORK (� The work to be done under this contract includes the furnishing of all technical personnel,labor, ■ materials, and equipment required to perform the work included in the project entitled "Project No.32078,2005 Milling &Overlay Program" 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 the furnishing of all material, labor,equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson.. I13-2 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. ' I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, ' Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whore 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. I13-4 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 fails 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. I113-5 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. FACITY-PROJECTSU20713-2005 Milling&overlay Program\2005 mill and overlay contract.wpd January 10,2005 IB-6 BID SECURITY Each bid must be accompanied b a certified check or bid bond made payable to the City of Y PY Y 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. I113-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. ' IB-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved • in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the ' Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. IB-g 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. • FACITY-PROJECTSQ2078-2005 Milling&Overlay PrograrrA2005 mill and overlay contract.wpd January 18,2005 ® IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the itern, 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. 32078, 2005 Milling & Overlay Program". IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. 1 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. lie 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-15 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. IB-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. FACITY-PROJECTSQ2078-2005 Milling 8 Overlay Program12005 mill and overlay contract,wpd January 18,2005 IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) ' IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year ' from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. ' Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by ' the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all ' replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. s ' FACITY•PROJECTSQ2078•2005 Milling &Overlay Program\2005 mill and overlay contracl.wpd January 18,2005 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. IB-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 ninety (90) calendar days. ' IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars($500.00)per calendar day until the work is complete,should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY 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. 1B-27 BID PACKET e 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. • i FACITY-PROJECTS132078.2005 Milling&Overlay Program\2005 mill and overlay contractwpd January 18,2005 r rIf forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: rPurchasing Agent City of Jefferson, MO r 320 E. McCarty Street Jefferson City, MO 65101 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 1 r END OF INFORMATION FOR BIDDERS r ® 1 r r r r i • FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract,wpd January 18,2005 1 BID FORM Name of � �� � Bidder �Q f Sow f` s P Gtr- l_.0 Address of Bldder—�>D U4 tog' },e go(sso.� Ono ('P5 110 1 To: CITY OF JEFFERSON ' 320 East McCarty Street Jefferson City, Missouri 65101 ' THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding(a)the extend and character of the work covered by this Bid; (b)the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d)the nature and extent of the excavations to be made and the type, ' character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which ' might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and(i) all 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, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in ' the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: ' FACITY•PROJECTS\32078.2005 Milling& Overlay Program\2005 mill rind ovorlay contract.wpd January 18,2005 r 1-tfj-r�N-.:4JU�� 1:,:ub J tt-F L I , l Ul'II'I 1Jt'Jtl_lJl I'ItIV i J U 44 Z Y .vj=� w Wage 1 CITY OF JEFFERSON ITEMIZED BID FORM (Revised ADDENDUM#1) 2005 MILLING AND OVERLAY PROGRAM PROJECT NO. 32078 ITEM APPROX. UNIT NO, DESCRIPTION UNITS QUANTITY PRICE AMOUNT 1 1 Biturninous Pavement - BP - 1 Tons 15,268 3?J. to %'DqQ .�0 1.2 Cold Milling(Asphalt) SY 48,637 01 1-4y�13 1.3 Cold Milling(Concrete) SY 5,293 14 A38. I I 1.4 Cold Milling (Creek Gravel Concrete) SY 0 k 5 1.5 Chip and Seal SY 27,762 L4 _39 qas. t)4 1.6 Pavement Widener/Shouldering Machine HOW 40 1 - 02 11:Up , OD 1.7 Purchase of Ashhalt Millings Tons .... ( • �� 1,8 Core Sample Ea ' 1.9 Disposal of Millings -Trucking Hour TOTAL BASE BID ID 3 7,5. 0Jr ' ® ALTERNATE A-Parking Lot Chip and Seal A1.1 Parking Lot Chip and Seal SY 13,752 TOTAL ALTERNATE A ��� 3� oq ' ALTERNATE B - Parks and Recreation 81.1 Full Depth Pavement Repair SY 2,376 Al 4ty0. CO ' B1 2 Bituminous Pavement BP-1 (Binder Park) Tons 1.550 33. �� a D. 00 TOTAL ALTERNATE B ( O5, 95t). 0C) r a -q '05 Sign re of Bidder ta7tc: 1 • City of Jefferson Itemized Bid Form 2005 Milling and Overlay Program rProject No. 32078 ' Material/Product Supply The Contractor shall also provide a unit price for the following materials and/or products that can be picked ' up at the plant by City forces on an as needed basis. These unit prices shall be in effect for a period of one (1)year from the date of the bid award. Material or Product Unit Cost Per Ton 1 Bituminous Pavement- BP-1 3D. yD Bituminous Pavement- BP-2 30. aD Black Base 3p . OD Cold Mix '-f 3 , b0 Poly-Perm Cold Mix n 1 G Ultimate Paving Material • SUBCONTRACTORS If the Bidder intends to use an y ,subcontractors in the course of the construction he shall list them, �-P(�C- 11'1i ssouri TIME OF COMPLETION The undersigned hereby agrees to complete the project within ninety(90)calendar days; subject to the stipulations of the regulations of the Contract and the Special Provisions. It,is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish 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: ' 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 6 v�° ' Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: • FACITY-PROJECT S\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 If an individual, , doing business as If a partnership, , member of firm. by ' If corporation,_ Co by Title oc or0.�e Se 2'tcv SEAL Business Address of Bidder l C)4' LA �Q cson czjM rno L,06 > > • if Bidder is a corporation, supply the following information: State in which incorporated rn 1Ss ou r► Name and Address of its: President LUN O+ l Gtr r'1%Pr Z3r• Q.—dzr O ' Secretary Cy)).CjA9eJ 15. �Le:_� rno ' Date —�- r t •CITY-PROJECTS132078-2005 milling&Overlay Pro ram�2005 mill and overlay contract, d January 18,2005 • 1=.\ 9 Y 9 Y WP ry 'BID 'BO'ND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,___._ . .__'. " ' . as Principal, and ........... as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of for (tie payment of which, well and truly to be made, we hereby jointly and sovorally bind ourselves, our heirs, executors, administrators, successors andrissi(Ills, this 200 The condition of the above oblig;.ition kismch that whorotis the Principal has submitted to the CITY OF JEFFERSON, MISSOURI -I cortain Bld, attachod hereto and hereby made a part hereof to enter into a contract in writing, for tho project ontitiod: "Projoct No. 32078, 2005 Milling & Ovoriny Program" NOW, THEREFORE, (a) If said Bid shall ho rojoctod, or ill tho ii1toninto, (b) If said Bid shall be riccoptod and the Principal 011111 OXOCLItO and deliver a contract in the Form of Contract attached hereto (property completed in accordance with said Bid) land shall 4 f[IrfliF,11 ,1 b011d f0f' his fl-lithfUl performance ' ® of said contract, and for the payniont of all persons performing labor or furnishing materials in connection thorowith, shrill in all ottior respects perform the agreement crocatod by tho accoptanco of saki Bid, then this obligation shall be void, othorwiso tho snino shall ronmin In forco and effect, it being expressly understood and agreed that the liability of the Sanely for any and all claims hereunder shall, in no event, exceed the penal amount of this obliontioll as horoill staled, The Surety, for Vaklo recoivod, horohysllpiilak),,-;ondo(.jroo,', that Illo obligintlorls of said Surety and its bond shall be in no way impairod car affoctod by tho oxlowiion of the link; within which the Owner may accept such Bid; and 'o'nld SAIr011y (100-1 11010hy WHIVO flOk(j Of any such extension, IN WITNESS WHEREOF, tho [*3rincipal ond Iho !-`-inoty luivo hommito ,ot their hands and seals, and such of them as rarer co(porationn tinvo c,ititiod thwi. corponito"mill'i to bo hereto affixed and these presents to bet signed by tholf plopol ollicors, Illo doy mid yoiir first Sol forth above. ' (.,�lncipl�l 13y, SEAL ',,uroty • By: FACITY-PROJECTS132078-2005 Milling &ovoilay rroqiam ?Oot)mill an(i ovoitoy c(mit,wi whit J1111ilary ill, 2006 ............. BID BOND "forms with The American Institute of hItects,A.I.A. Document No.A-310 KNOW ALL BY THESE PRESENTS,That we, JEFFERSON ASPHALT COMPANY, INC..,..,.-. 2207 Idlewood Drive, Jefferson City MO 65109 as Principal,hereinaller called the Principal, and the 14ORTH AMERICAN SPECIALTY INSURANCE COMPANY of 1200 Arlington Hts. Rd., Suite 400, Itasca, IL 60143 (630 227-4700 a corporation duly organized under the laws of the State of New Hampshire as Surety,hereinafter called the Surety,are held and firmly bound unto CITY OF JEFFERSON CITY, MISSOURI is Obligee,hereinafter ctilled the Obligee. in the sum of FIVE (5%) PERCENT OF AMOUNT BID ---- ---- --•• - - --- - - -- - -- - - - - - - - -- - Dollars($ 5%of Bid Amount Jor tlicpayilent of which sum well and truly to be made,the mfld Principal and the said Surety,bind ourselves, our heirs,executors,administrators,successors and assigns,jointlyand severally. firnity by these presents. WHEREAS, the Principal has submitted bid for PROJECT NO. 32078 &5 MILLING AND OVERLAY PROGRAM NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and die Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of'such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract ;111(i give such hoed or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perl'orm the Work covered by said bid, then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 8 day of Febrqa!y 2005 JEFFERSON ASPHALT COMPANY, INC. (Seal) O f Principal Witness I I- 4-Z- tie NORTH AMERICAN SPECIALTY INSURANCE COMPANY Witness / By / Barbara A. Miller Attorney-in-Fact • S-00541GEEF 12/00 FRP NAS SURETY GROUP NORTH AMERICAN Si EC'IAI.TY INSURANCE COMPANY ® WASHINOTON iNTE'RNATIONAL INSURANCE COMPANY GENERAL POWER OF A'i'T0RNEY KNOW ALI-MEN BY TI IESE PRESENTS,TI IAT North American Specialty Insurance Company,a corporation duty organized and existing under laws of the Suite of'New ilampshire,and having its principal office in the City of Manchester,New Itanlpshire,and Washington International Insurance Company,it corporation organized and existing under the laws of the State of Ari•rona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: J. Douglas Joyce.Lawrence S.Kaminsky,Michael T. belly,Eugene A.Klein, Barbara A.Miller,Thomas M.English,Thomas 1'.Latz.Lin(ia L.Nutt. Jerome J.Reardon, Eric Van Buskirk,Brenda L. Linze and Lisa M.Tortora,jointly or severally, its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and decd,bonds or other writings obligatory in the nature of a bond on hehall'of each of said Companies,cis surety,on contracts of suretyslp as are or may he required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following;Resolutions adoptCd by the Boards of Directors of both North American Specialty Insurance Company dud Washington lnteritauonal Insurance Company at mccungs duty called and held on the 24"'of March.2000: "RESOLVED,than any two of the)'resident.any Executive Vice['resident,any Vice Plcsident,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute it flower of Attorney qualifying the attorney named in the given Power of Attorney to execute on bchalt'of the Cornpany bonds,undertakings and all contracts of sulcty,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Comp tiny; and it is- FURTHER RESOLVED,that the signature of such officers and the seal of the Company may he affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing Such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract ot'surety to which it is attached." \\\y pa111llllpryrrrrr/ J unw Q�G'PPO r!t(f`G4 �3�L� �''F•,$Z 13y �-CORPORAT lie C• T 5 CE a limit /. \ U 'mident&Chief Lio,cutive Office,of N aington lnrnnliuul lnsurame Congran,&5 p Y y 167$ yii n Vice President of North American Specialty Imorance Cornpans S E n L J C A►1P6 titer rn 1'.,\ndrnnn.Ihrcutnr\lac Ynaidrm of\Yashhrgtnu Intcnratlnual luuvanrr(onyraus& Viet•1'mident of Nurmh mnerican SpeciallY InHtrnorc Cn opmoty IN WITNESS WiiE:REOF, North American Specialty Insurance Company and Washington international Insurance CCom any have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 4 day of "ay 2004 . North American Specialty Insurance Cotnpan} Washing ton International Insurance Company Striae of Illinois County of Du Page sR' On this`4 day of -iM_lY-- - ''0 t)4 .beibre me.n Notary Public personally appeared V_Paul D. rinastutz . President and CEO of Washington International Insurance Company and Vice President of'North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company and Vice President of'North American Specialty Insurance Company, personally known to file,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and ' acknowledged said instrument to lie the voluntary act and deed of their respective companies. ................-M...............^..� •1/�"�!?tea-a'rt.i x� � C�"a�� orractAl,ycA( (/ m'AOINf/A fMl'EC rnO7Mf eULLa:.lraff b rll/Ar5 — — --------• "`r C°.�.�"""0"""'"" .•°'_,; Yasium A.Patel,Notary Public L James A.Car cater .., the duly elected—assistant Secreta-ry _of North American Specialty insurance Company and Washington International Insurance Company,(h)hereby certify that the above and Ibrepongt is a true and correct copy of a Power oi'Attorney given by said North American Specialty Insurance Company and Washington International Insurance.Company,which is still in full force and effect. IN WITNESS WIIf:REOF,I have set any hand and affixed the seats of the Companies this 8. day of Feb rua ry_,20--_0.5 ' James A.C.npcntcr,Vwc I'resWcnt&A.smmant Secretary of wmshingom Inlernanonal Insurance Company& Awstnnt Secretary of North Anu•nenn Specialty Inurtanee Company ANTI-COLLUSION STATEMENT STATE OF 1� SSOUr► ) COUNTY OF ► G►�t 2 I being first duly sworn, deposes and says that he is 0C DD Ga. k 5QC re_4a.1 q of TITLt OF PERSON SIGNING A-SQk0_ L+ Co NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its ' acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. (BY) ..p (BY) Sworn to before me this day of d-��uLar%A 200 ,5 . COLME ST. CYR Notary Public-Notary Seal NOTARY PURL State of Missouri, we County My Commission Expires Dec. 9, 2007 My commission ex ires: '__� • FACITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract,wpd January 18,2005 CONTRACTOR'S AFFIDAVIT �1 This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF 1 I i '5s'oU c' N ) ) ss COUNTY OF ) The undersigned, ' of lawful age, being first duly sworn states upon oath that he is (2 D( orcJ-c p-Cre-4&r of 2rsor� AS ka..L-F 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. AFFIANT'- Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid, this '2 _ day of '�:Z bruoxl , 20Q____. ' COLETi'E ST. CYR Notary Public-NotarY Seal ll� ' StatB of Missouri,Cole County NOTARY PU LIC My commission Expires Dec. 9, 2007 ' My Commission Expires: • F CITY-P OJ CTS13207 -2005 Milling&Overlay Pr og ram 12 005 mill and overlay contract p d January 18 2005 MINORITY BUSINESS ENTERPRISE STATEMENT Contractors bidding on City contracts shall take the following affirmative steps to assure that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items. 1. Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid submissions. 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 smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. • FACITY-PROJECT5132078-2005 Milling&Overlay Program\2005 mill and overlay contract,wpd January 18,2005 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 aof 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 be e onsidered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors, subcontractors, or suppliers. ' FACITY-PROJECTS132078-2005 Milling& Overlay Program12005 mill and overlay contract.vpd January 18,2005 B, The bidder must indicate the Minority Business Enterprise(s) proposed for ® utilization as part of this contract as follows: �1 Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation 1 . Total Bid Amount: Total: Percentage of Minority Enterprise Participation: D % C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be 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 Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. D, The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. NAME OF AUTHORIZED OFFICER DATE c�-S 'fly ' SIG TURF OF AUTHORIZE OFFICER 1 • FACITY-PROJECTSQ2078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 AFFIDAVIT i COMPLIANCE WITH PREVAILING ' WAGE LAW Before me, the undersigned Notary Public, in and for the County of , State of e p rsonally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the ' payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 11, Section t ® 026, Cole County in carrying out the contract and work in connection with Project No. 32078, 2005 Milling & Overlay Program located at Jefferson City in Cole County, Missouri, and completed on the day of , 20 ' SIGNATURE Subscribed and sworn to me this _ day of , 20 NOTARY PUBLIC ' My commission expires: tSTATE OF MISSOURI ) ss COUNTY OF ) • 1 HCITY-PROJECTS\32078-2005 Milling&overlay Program\2005 mill and overlay contract.wpd January 18,2005 i i - 1 Missouri Division Of Labor Standards WAGE AND HOUR SECTION i 0 MDCCCXy' r 1 BOB HOLDEN, Governor 1 Annual Wage Order No,, 11 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certifled copy of this Annual Wage Order has been flied 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 certifled copy of the Annual Wage Order has been flied with the Secretary, of State of Missouri. r 1 RECEIVED & FILED olleen A. White,.Director iMAR 10 2004 Division of Labor Standards Piled With Secretary of State:. i A�'sCRETARY OF STATE MMISSIONS DIVISION QP O'9 2 • Last Date Objections May Be Trued: Yv7 iPrepared by Missouri Department of Labor and Industrial'Relations Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County **Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker $27.08 55 60 $11,27 Boilermaker $27.29 57 7 $15.41 Bricklayers-Stone Mason $24,85 1 59 1 7 1 $7.75 Carpenter $19.78 60 15 $8.36 Cement Mason $18,26 9 3 $9.60 Electrician Inside Wireman $25.11 28 7 $9.51 + 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $32.315 26 54 $11.928 Operating Engineer Group 1 5/04 $23.37 86 66 $13.80 Group II 5/04 $23.37 86 66 $13.80 Group III 5/04 $22.12 86 66 $13.80 Group Ill-A 5/04 $23.37 86 66 1 $13.80 Group IV 5/04 $24.07 86 66 $13.80 Group V 5/04 $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 1 110 7 1 $7.58 First Semi-Skilled $18,72 1 110 7 1 $7.58 Second Semi-Skilled $17.72 1 110 1 7 1 $7.58 Lather USE CARPENTER RATE ® Linoleum Layer& Cutter USE CARPENTER RATE Marble Mason $24.85 59 7 $7.75 Millwright $20.78 60 15 $8.36 Iron Worker 8/04 $22.48 11 8 $13.76 ' Painter $19.19 18 7 $5.58 Plasterer $17.32 94 5 $9.35 Plumber 7/04 b $30.001 91 69 $14.68 Pile Driver $20.78 60 15 $8.36 Roofer 9/04 $24.25 12 4 $8.31 Sheet Metal Worker 7/04 $23.74 40 23 $9.46 Sprinkler Fitter 4/04 $27.09 33 19 $11.95 Terrazzo Worker $24.85 59 1 7 $7.75 Tile 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 $20.65 101 5 $5.75 Traffic Control Service Driver Welders-Acetylene &Electric " Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573)751-3403. "•Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0, 11 9104 B . • uilding Construction Rates for REPLACEMENT PAGE Section 028 COLE County Footnotes Eff ec ve as c ver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Welders receive rate prescribed for the occupational title performing operation to which welding is Incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets,use Rates shown on Building Construction Rate Sheet. a-Vacatlon: Employees over 5 years-8%; Employees under 5 years-1% 'b- All work over$3.5 Million Total Mechanical Contract-$30.00,Fringes-$14.88 All work under$3.5 Million Total Mechanical Contract-$28.66,Fringes-$11.83 • 'Annual Incremental Increase ANNUAL WAGE ORDER NO.11 7/04 r COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(I %2)shall be paid for all work in excess of forty(40)(tours 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 atone and one-half(1 S4)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(l%2) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight(8)hours on Saturday. All other overtime hours Monday through Saturday shall be paid 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(11/2) 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(11/2) times the regular hourly rate. 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'/2). 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 }tours may be changed by mutual agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day work week at straight time pay for construction work; the regular working day shall consist of ten(10)hours worked consecutively,between 6:00 a.m. and 6:00 p.m., four (4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and holidays,and before and after the regular working day on Monday to Thursday where a four(4)ten(10) (tour day workweek has been established,will be paid at two times(2)the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times(2)the single time rate of pay. r t t • ' ANNUAL WAGE ORDER NO. 11 Awl 102G OT.doc Page 1 of4 Pages 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 a thirty(30)minute period to be taken for lunch, shall constitute a day's work five(5)days a week,Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten(10)hour days(4-10's)provided: -The project must be for a minimum of four(4)consecutive days. -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week,then the regular eight(8)}tour schedule may be implemented). -Any time worked in excess of any ten(10)hour work day(in a 4-10}tour work week)shall be at the appropriate overtime rate. Ail work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half (1%)times the employee's regular rate of pay. All work perforated 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(10%)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 shift)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(1'/2)times the shift hourly rate. NO.33: Means the standard work day shall be eight(8)consecutive hours of work between the hours of 6:00 a.m.and 6:00 p.m.,excluding the lunch period,or shall conform to the practice on the job site. Four(4)days at ten(10)hours a day may be worked at straight time, Monday through Friday and need not be consecutive. All overtime, except for Sundays and holidays shall be at the rate of time and one-half(1%). 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 the job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rat.-. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half(1%:)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 rain,snow, cold or excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be designated as a"make-up"day,for an employee who has missed a day of work for personal or other reasons. Pay for"make-up" days shall be at regular rates. 1 NO.55: Means the regular work day shall be eight(8)hours between 6:00 a.m.and 4:30 p.m. The first two(2)hours of work perfontted 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 at double (2) the straight time rate. NO. 57: Means eight(8)hours per day shall constitute a day's work and forty(40)hours per week,Monday through ' Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight(8)hours, Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half(1'/2)except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. ANNUAL WAGE ORDER NO.11 AW 11 026 OT.doc Page 2 of 4 Pages COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION ' NO. 59: Means that except as herein provided,eight (8) hours a day shall constitute a standard work day, and forty (40)hours per week 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(1%z). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four (4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In die event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten(10) hours or forty(40)hours per week. 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 the option of the Employer,be worked as a make-up day;straight time not to exceed eight (8) hours or forty (40) hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m.or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to 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'/2)the hourly wage rate plus 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),Saturday or any part thereof may be worked as a make-up day at the straight time rate. It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days,between the hours of 6:30 a.m. and 6:30 p.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(1'/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,the 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 be paid at time and one-half(1%z)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for at time and one-half (1%2)the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as 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 the regular work week shall consist of five(5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'/2)of the hourly ' rate plus an amount equal to one-half(%) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double(2)the 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 the Employer to use a flexible starting time between the hours of 6:00 a.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 the double(2)time rate. The employees shall be paid time and one-half(1'/z) for work performed before the regular starting time or after the regular quitting time or over eight(8)hours per work day (unless working a 10-hour work day,then time and one-half ' (1'/:)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 rate of pay. ' ANNUAL WAGE ORDER NO. II AW 11 026 o*r.doc Page 3 of 4 Pages 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 at one and one-half(I'/s) 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%z) (except as herein provided). All time worked on Sunday and recognized holidays shall be classified as overtime and paid at the rate of double (2)time. The regular starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5) eight-hour days or four(4)ten-hour days to constitute a 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 a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten(10)hours per day or forty(40)hours per week. Starting time will be designated by the 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 Employer's control, then Saturday may,at the option of the Employer, be worked as a make-up day; straight time not to exceed eight(8)hours 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 after 4:30 p.m.(or 5:00 p,m.where one(1)hour lunch is granted for lunch) or as adjusted by starting time change as stated above or on Saturday, except as herein provided, shall be compensated at one and one-half(I%) times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty(40)hours,Monday through Friday,or any part thereof by reason of inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight(8)hour days or four ten (10)hour days Monday through Friday. if an Employer elects to work five(5)eight(8)hour days during any work week,hours worked more than eight(8)per day or forty(40)hours per week shall be paid at time and one-half(i%z)the hourly rate Monday through Friday. If an Employer elects to work four(4)ten(10)hour days in any week,work performed more than ten(10)hours per day or forty(40)hours per week shall be paid at time and one-half(1%:)the hourly rate Monday through Friday. if an Employer is working ten(10)hour days and loses a day due to inclement weather,they may work ten(10) hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half(1'/2)overtime rate. 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 a.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 the ' normal rate. Due to inclement weather during the week,Saturday shall be a voluntary make up day. ' ANNUAL WAGE ORDER NO. 11 AW 11 026 OT.doc Page 4 of 4 Pages 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 ofpay. 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. 1 NO. S: 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. 1 AWO 11 026 hdy.doc ANNUAL WAGE'ORDER NO, I I Page I of 2I1ages 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. AWO 11 026 hdy.doe ANNUAL WAGE ORDER N0, 1 1 Page 2 of 211ages Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County ective Basic ver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ' Increase Rates Schedule Schedule CARPENTER ' Journeymen 5/04 $24.78 7 16 $8.34 Millwright 5/04 $24.78 7 16 $8.34 Pile Driver Worker 5/04 $24.78 7 16 $8.34 ' OPERATING ENGINEER Group 1 5/04 $22.45 21 5 $13.75 Group II 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 5/04 $18.25 21 5 $13.75 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 Group IV 5/04 $23.64 22 19 $6.75 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 1 • ' *Annual Incremental Increase ANNUAL WAGE ORDER N0, 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 workday shall be either eight(8)or ten (10) hours. Ira 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(1'/:) 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- 1 0'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) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or 1 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) hour 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 t of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to wort: 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. Ifworkmen 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. 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. AW 11 026 hvy ot.doc ANNUAL WAGE ORDER NO. I I Page I of I Pages COLE COUNTY HOLIDAY SCHEDULE—HEAVY CONSTRUCTION ' NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday, Monday shall be observed. NO.5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction.This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be ' counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workman unless worked. If workmen are required to work.the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty(40)hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday.No work shall be performed on Labor Day except in case of jeopardy to work under construction.This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or ' days observed as such, they shat l 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. r t • AW 11026 hvy hol.doc ANNUAL WAGE ORDER NO. 11 Page I of I Pages REPLACEMENT PAGE OUTSIDE ELECTRICIAN ' These rates are to be used for the fbilowin =6 counties: Adair, Audrain, Boonc,Callaway,Camden,Carter, Chariton, Clark, Cole, Cooper, Crawford, Dent, Franklin, Gasconade, }-toward, Howell, Iron,Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Maries, Marion, Miller, Monitcau, 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 Cringe 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 Operator $24.13 $4.25 +373% *Groundman $18.66 $4.25 + 37.3% OVERTIME RATE: Eight(8)hours shall constitute a work day between the(tours ol'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 f Oth hour, Monday through Friday,shall be paid at time and one-half(1'/) 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'/2)the regular straight time rate of'L.)ay 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 in([recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2) time. HOLIDAY RATE: All work pertirrmed on New Yew's Day,Memorial Day,Fourth of July, Labor Day, Veteran's Day,'rhanksgivirig 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 Inctettse ANNUAL WAGE ORDER NO. 11 7/04 ' OUT STI,A W I I in Ldoe AFFIDAVIT OF COMPLIANCE ACE PIJBLIC WORMS CONTRACTS LAW I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public works contract for Project No. 32078, 2005 Milling & Overlay Program. ' 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' ® 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as amended) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC My Commission Expires: _ STATE OF MISSOURI ) ' ) ss COUNTY OF ) F,ICITY-PROJECTS132078.2005 Milling&Overlay Program\2005 rnill and overlay contracImpd January 18,2005 rEX_C.,_ESSIVE UNEMPLOYMENT EXCEPTION C ER 'I FtCATiON O I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public works contract for Project No. 32078, 2005 Milling & Overlay Program. 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 1 of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC ' My Commission Expires: APPROVED BY: ' Director of Community Development, City of Jefferson, MO FACITY•PROJECTS\32078.2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 I CITY OF JEFFERSON ® CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of fll (Ztof\ .. 2005, by and between Jefferson Asphalt Company, Inc. hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 32078, 2005 Milling & Overlay Program. NOW THEREFORE, the parties to this contract agree to the following: 1 1 . Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "2005 Milling & Overlay Program" 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 ninety(90) 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 for this 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. ' (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 O Y 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- I n 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 111 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 or the part of its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or 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 direr.tly 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. Su lies. 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 February 8, 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 Seven Hundred Sixty-One Thousand Six Hundred Sixteen Dollars and Eighty-Nine Cents ($769,616.89). ' 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. 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. 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. 1 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 ncurred 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 rhereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents"represent the full and complete understanding of the ® parties. This contact includes only those goods and services specifically set out. This ' contract supersedes all 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. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining 9 p 9 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 tof Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at P.O. Box 104868,Jefferson City, MO 65110. The date of delivery of any notice shall be the second full day after the day of its ' mailing. IN WITNE WH REOF, the pa►ties hereto have set their hands and seals this day of_ .A 2005. r CITY OF JEFFERSON CONTRACTOR 1V1ay61 T�t# : �'o�porci Secre }r r� ATTEST: ATTEST: City CI rk Title: "r APPROVED AS TO FORM: i • City Counselor f Bond »20119914 PERFORMANCE, PAYMENT ANP GUARANIgE BOND KNOW ALL MEN BY THESE PRESENTS that we, the undersigned ' Jefferson Asphalt Company, Inc. hereinafter, referred to as °Contractor" and North American Specialty Insurance Company a Corporation organized under the laws of the State of New Hampshire and authorized to transact business in the State of Missouri bound unto e _ as Surety, are held and firmly n th I City of Jefferson _hereinafter referred toas"Owner" �I Seven Hundred Sixty-one 'l'housawI Six Hundred r ' inthepenalsurnof sixteen Dollars and Eighty-dine Cents---------DOLLARS ($ 761,616.39------------), 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, I executors, administrators, successors, and assigns, Jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the �� day of 20 05,entered into a written contract with the aforesaid Owner ; ' forfumishing all materials, equipment,tools, superintendence, labor,and otherfacilities ' and accessories, forthe constnictlon of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with 'I the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: Ii NOW THEREFORE,If the said Contractorshall and will, in all particulars,well,duly and faithfully observe, perform and abide by each and every covenant, condition, and part i lI FACrTY•PRQJECTs132u78-ZOOS Milling a ovorloy ProgmmQ005 mill and overlay contruct.wpd January 18,?005 l of e said aid C ontract, and the Conditions, Specifications, Plans, Prevailing Wage Law ' and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true Intent and meaning In each case, and If said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. ' PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, ' greases, coal repairs, equipment and toobs 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 1 ' the same in any amount not exceeding the amount of this Obligation, together with interest'as provided by law: PROVIDER FURTHER, that the said Surety, for value received, hereby stipulates and I ' agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying ' the same, shall in any wise affect Its obligation on this bond and It does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractorfalbs to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the l ' 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: rIN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the FACITY•PRaJECT&132078-2006 Milling&Ovoriay Prugram12005 m111 and overlay conimawod Jarmary I8,2005 t said Surety has caused these resents to be executed in its name and its corporate p seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at on this the day of . 2005 North American Specialty Insurance Co►npany 1200 Arlington Hts Rd #400 Jefferson Asphalt Company, Inc. I .ast,a, IL 60143 (630)227-4700 SURFETY COMPANY CONTRACTOR BY (SE`AL) BY (SEAL) Barbara A. Miller, Attorney-in-Fact and MO Resident Agent BY Barbara A. Miller —(SEAL) SY (SEAL) Attorney-in-fact (State Representative) (Accompany this bond with Attorney-in-facts authority from the Surety Company j certified to include the date of the bond.) ` 1 i F1CITY•PROJECTM32070-2006 Milling&Ovoriuy Progrjm12005 mill anti avail©y contractwpd January 19,ZOOS I NAS SL1Rl:'I'Y GIM11 l' NUIt'1'l l ANIERIC'AN SPECIALTY INSUItANC•1:.CONIPAN1' WASIiIN(;1'UN INTLRNAT IONAI. INSIIRANC IF,C'0NIPANY GI':Ni-,RAL 1'011'1?It Oh ATTORNI?Y KNOW ALI.h)1'.N li'i TI IBE' PRFSI-NI•S,TI IAT North Amcdcan Specialty Insma[Ice Company,a co ponition duly organize);Ind existing under laws of,tile State of New I lampshire,troll having its principal office in the C•ily of Manchester,New I Lunpshire,and Washington Intemational "'SUr;uice Company,a corporntion organized anil existing under the`"vs of the State ul'r\rizona and having its principal orrice in the city of llasca, Illinois,each does hcrchy make,constitute and appoint: J. Douglas Joyce, Lawicnce S. Kaniinskv,I\lichacl T. Kelly,Fligene A. Klein, ___ ---- Barbara A. Millel,'1'hoinas NI.FlOish,_Thomas 11. L iiz, Linda L. NuU•-- --`---^---- -- ____—_'—.�_lerunic.l_Rc_irdon l Tic V ui liusknk Illuuf I [.. I Inn Mmi I is i hl_turbo I loinlly or Its true and lawful Attorneys)-in-Fact, to make,execute,seal and dcli\cr, fur Mill on its bchall'and as its act and decd,bonds or other writings obligatory in the nature ufal hand on bcha(fofeach ofsaid C onipvnics,as Solely,on contracts ofsuiciyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that nu bond or undertal,ing or contra(.I or surcivship executed under this authority Shall exceed the amount of,: TEN MILLION(10,000,000.00)DOI.I ARS This power of Attorney is granted and IS Signed by f;ICSiollle unLICI Mil by the authority ol'thc following Resolutions adopted by the Ilnands of Directors ol'both North Aumican Specialty Insurance Company alld Washington Intonational Insurane•Company at meetings dilly called and lield on the 24'h of i\4arch,2000: "RI?SOLVED,that ally Iwo ol'Ihc President,any Fxccutive Vice President,any Vice Picsideni,;Ili),Assistant Vice President,the Secretary or any Assistant Secretary he,and each or any of'11wi i hcrchy is autholized to c.xccuic a power ol'Attorney qualifying file atiorncy named in file given Power of Attorney to execute on behalfol'Ihe Company bonds,undertakings and all contracts ol'swcty,and that each or any ol'them hereby is authorized to 111test to the execution ol'any Such Power ol'Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature ofsuch officers and file Scal of the Company may be affixed to any such I'ow'a ol'AI(orney or to any certificate relating thereto by fhcsimilc,and any such Power ofAttonicy or celificate hearin),such I'acsimill:signatures or liicsimile seal shall be binding upon the Company when so af'lixed and in the lirtme with regard to any bond,undertaking or contract ol'surcty to which it is attached." \ \\\pluunnprgr// -] �.rrrllrrrr. LyJG• J:yQ GOAPOH j tSSG.� l�r7�.. �1 �r a- ` ••........, P� Ry _ _.. . - -- j C4RPQRATE�'2 Yxnl ll.,\nuuUi,l'rrddenl.l'f'hlefl'.•erull,rl/llher of\\x,hmGlun lnlrnullunal hnmxncr fnuqumR 197 3 W: 11rc 1'rrdilrnl of.\lirlh \mnlrul li,rclall,lulu ancr("nruperp S 7 .S F A J C y.T`LyH;IMPS'r. O a rl %'s�`.,••ApitUti. wo /////llllllllllil\0\ li\'______ __ •mil ,_:. _ _. .__ ___ __ ' Sine'.1•,,\udenun,vt—.Hhe\'Ire I'rr,ldrnl ul N xd,ln Glen lwmwlunxl luwruuu•I lnnpxuy \'Ice 1'reddrnl ui\'oral,\nn•I ic.m>pn Lllh III,IINnp'(lnup.u,y IN WiTNESS WHf RI:OP, North Amcric:m Specialty his ur;nicc('unopany amt\1'ashington International Insurance Cony,any have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized ofticxlS this Ia da 01' October ,2004 . North American Specialty Insurance Company Washington International insurance Company State of Illinois County of Du Page Ss: On this--13day of'__._ October 20 0.1 ,before ine,a votary Public pcnonally appea cd ..__..-P:Il l_I) :I lns)uli._---., President and CF.O oi' Washington International Insurance Company and Vice President of North American Specially Insurance Company and.- Sleven 1'.Anderson Gzcctifive Vice I'resident of Washington International Insurance Company and \'ice I'lesidcnt of North American Speciality Insurance Company, personally known to tile,who being by Tine duly sworn,acknow lcdgcd that they signed the Mho\r Power.of•A(Iorncy as o(licers of aild acknowledged said instrument to be the VOlunt,uy act and decd of Ihcir icspcclivc compnnics, VA4Mlr1�/Mf EI (/ Ncorexlwrxyn�teroe oe \asmin A. Patel, Notary Public ' 1, James A.CmtTl ptcr-_, the duly elected- __--Assistant Sccletaiv of North Anicrican Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the abo\e and I'm egoinl,is a uve and cornea copy ol'a Power of Attorney given by said North American Specially Insurance Company and \VaSlington Intcnwlioual Insuramt:C'onipany,which is still in full force and cffcet. IN WI.1'NESS WHERI?01',I have set illy hand and affixed the seals ol'the Companies this (1;ly ul' _ _. ., 20 ' l.uu:,1 (.n p:nla.\'rte Pl c,ldrw,\A.+ill ml tieuclal)ul w'a,tungum In477naunnal Inau aner l'unylanl','l Mu„ail tin n,,)ur Nmlh Ammo.,.Spaudly rnwnnmc('.nnp;uy �J � Thomas Mc�_ ee,-1,.c. INSURANCE AGENCY - SINCE: 1910 920 Main Street Suite 1700 Box 419013 Kansas City, Missouri 64141-6013 -842-4800 , FAX 8 16-472.11118 bsite: www.thomasmcgoe.com rl / March 4, 2005 City of Jefferson 1 320 E. McCarty Street Jefferson City, MO 65101 RE: Contractor: JEFFERSON ASPHALT COMPANY, INC. Bond Number: 2049944 Contract Price: $761,616.89 Project: 2005 Milling & Overlay Please accept this letter as your Consent of Surety to date the Performance, Payment and Guarantee Bonds, and Powers of Attorney in accordance with the contract Oagreement date. ' Very truly yours, NORTH AMERICAN SPECIALTY INSURANCE COMPANY /;i�et-' W Barbara A. Miller Attorney-in-Fact • 5()e) ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID CFI DATrIMMrODrvrrv) JCL'T);2fi 03/07 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Winter.-Dent 9, Company HOLDER,THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. __ ferson City MO 65102-1046 one: 573-634-2122 rax:573-636-7500 IINSUREP.S AFFORDING COVERAGE NAIC# _�— _ -_-- ----- -- --... - - --.-._.._.. INSURED I INSUHLRA General Casualt Iri�uranC� 24414 t ._S,L _ l N. __._..__-----__....._----.----�.__..Xs �....._+_---.-. 1 INSL1HCk B, - _.- ...._._.. -- - ... Jefferson Asphalt Company, Inc _....INS;UREhC As halt Products, Inc. , P Box 104868 INSIIllIAiD Jefferson City MO 6513.0-4868 -..._._-__-. _.---•---.--_--.__.-•_---_._-.._.-.__-------.__..__----------------- INSIIRCH E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE 13CEN ISSLILU I0 THE IN Sl RLO NAIALU AEIOVL I OR 1HE:POLICY PEW01)INUICATEO NOTWITOSIANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Willi RL-SPEC1 10 WHICH THIS CFRTIFICATE MAYBE ISSUE:U OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES ULSCRIRLU HEREIN IS!;UIl ILCT'T 0 AI I 'I FIE'TEFtIA`;,LXCLU!;;ON5 AND CC)NDITIOIJS L)F SL)C!I POLICIES.AGGREGATE.LIMITS SHOWN MAY HAVL BEEN REDUCED BY PAIL)CLAIMS. INSR'fDrl --- --- -__.___.---_-_..--_---___.._..- ;6lICYCFFCCYI VL`IVoLICYEXIIINATi6N "-- -- ___-.--.-----�___�_.___-_.-_�_� LTR INSRd TYPE OF INSURANCE I POLICY NUMDER 1)A'[C(MMIDU)YY(I LATE(MMIDUIYY) LIMITS GENERAL LIABILITY I EACH OCCURRENCE 11 1000000 }-UATAAGL"TO-RENT D--- A X COMMERCIAL GENERAL LIABILITY CCIO324163 01/01/05 01/01/06 PREMISES(Ea occurencor 1_100000__ i CLAIMS MADE Ex � OCCUR I -MrD EXP(Any one person) _ 1 -5000 PE-RSONALR ADV INJURY - 1 10_00000 GENERAI-AGGREGATE 12000000 GEN'L AGGREGATE LIMIT APPLIES PER PFtODUCTS-COMP/OP AFC 32000000 �.. — -'l POLICY }; PIF2 T LOC I --------__ __ AUTOMOBILE LIABILITY I COMHINED SINGLE LIMIT 1 1000000 A X ANYAUTO CBA0324163 01/01/05 01/01/06 (L.,°cadent) X ALL OWNED AUTOS --pemon) - fiODILY INJURY 1 SCHEDULED AUTOS I (F'rr person) - X HIREDAUTOS 1 BODILY INJURY 1 X NON•OWNrD AUTOS INSURANC I EVIEWEp I e _ V PROPERTY DAMAGE I 1 A ' ( (Per accident) GARAGE LIABILITY AUTO ONLY_EA ACCIDENT ($ ' ANY AUTO l 1 ] �- pat�� ,JrJ ) '�r-� i OTfiLR THAN EA ACC I 1 �`.+�.. —^ AII10 ONLY: AGG S. EXCESSIUMBRELLA LIABILITY I ( LAU)'I OCCURRENCE _ 1 $ 100000D A X OCCUR ED CLAIMS MADE GU3225265 I 01/O1/Ofi j 01/01/06 Arc,RrcnTE ^T� -I1 1000000 DEDUCTIBLE X RETENTION $10000 WORKERS COMPENSATION AND TOr� LIMITGS{{ Fr EMPLOYERS'LIABILITY _ 1..-`..______1___. A CWC0324163 0'1/01/05 01/01/06 E.L. EACH ACCIDENT 15 1000000 ANY PROPRIETOIZ/PARTNER/EXECUTIVE OFFICER/MEMBER"CLLIDF.U9 as, CI DISEASE-FAEMPLOYEEII IOOOOOO II yy -- - SPECIdescribe undor AL PROVISIONS below � L:.L.UI[;EA5L-POLICY I_IMiI' 111000000 OTHER — A Leased or rented CCI0324163 I 01/01/05 01/01/06 400000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: 2005 Milling and Overlay Program, Project No. 32078; JA Job 170. 15006 CERTIFICATE HOLDER CANCELLATION JEFF,_1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Department of Community Devel ' City Of Jefferson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 East McCarty REPRESENTATIVES. Jefferson City MO 65101 75TFy3pizri1 REPRE.14•.1e.NTATIVL QCL. �1 Wig ' ACORD 25(2001108) CD ACORD CORPORATION 1988 ACQ60. INSURANCE BINDER OP ID CH /05 THI3 BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT 10 THU CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, C.0MI'AUY A/C No EMI J73 634-27.11.5'73-f i6-15bU General Casualty Insurance ter-Dent & Company TIME ME T11 j �Etyj�—"T AM Box 1046 AM OPerson City MO 65102-1046 03/07/05 1! PM 05/07/05 NOON 11111;BINDER 11;ISSUEDIO MEND COVERAGE IN THE ABOVE NAMED COMPANY MIRMPULI Y# NA-RIND-C)CP CODE: 0240321 PLR IMIRM CUSTOMER ID: JEFrE25 r)c-SCRIPTION or oPERATIONsVEHICLES1PROPERTY(including Location) INSURED Owners' Contractors' Protective Liability City of Jefferson Policy- Pro act: 2005 Milling and Overlay 320 East McCarty Street Program #32878 Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE] COINS% AMOUNT PROPERTY CAUSES OF LOSS BASIC F—]BROAD[:] SPEC GENERAL LIABILITY EACH OCCURRENCE $2000000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ ...... CLAIMS MADE El OCCUR MED MI(Any one person) $ X owner & Contractor trot. PERSONAL&ADV INJURY S GENERAL AGGREGATE $2000000 RUTRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) 3 ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS S NON-OWNED AUTOS PERSONAL INJURY PROT S U141NSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VVIlICLI-1i ACTUAL CASH VALUE RCOLLISION: _ STATED AMOUNT S OTHER TI 4AN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTI IER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RC-TV40 DATE FOR CLAIW',MADE. SELF-INSURED RETENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION E.L.EACH ACCIDENT S AND EMPLOYER'S LIABILITY E.L.DISEASE•EA EMPLOYEE E.L.DISEASE-POLICY LIMIT SPECIAL Jefferson Asphalt Company is responsible for pa)rrmont of premium and audit. FEES CONDITIONS/ OTHER 1AYES COVERAGES I ESTIMATED TOTAL PREMIUM S NAME&ADDRESS M010GAGLE ADDITIONAL INSURED LOS;F'AYEE k— LOAN 4 AUTHORIZED RLPIILSL141AIIVE ACORD 75-S(1/98) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE Cc.)ACORD CORPORATION 1993' CONDITIONS This Company binds the kind(s)of Insurance stipulated on the reverse side.The Insurance is subject to the terms,conditions and limitations of the polic y(ies)In current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be offective.This binder may be cancelled by the Company by notice to the Insured In accordance with the policy conditions.This binder is cancelled when replaced by a policy.If this binder Is not replaced by a policy,the Company Is entitled to charge a premium for Die binder according to the Rules and Rates In use by the Company. Applicable In California When this form Is used to provide Insurance in the amount of one million dollars($1,000,000)or more,the title of the form Is changed from"Insurance Binder"to"Cover Note". Applicable In Delaware The mortgagee or Obligee of any mortgage or other Instrument given for Die purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or Its agent if the binder includes or is accompanied by,the name and address of the borrower,the name and address of the lender as loss payee;a description of the insured real property;a provision that the binder may not be canceled within the term of the binder unless the lender and tie Insured borrower receive written notice of the cancel- lation at least ten(1 D)days prior to the cancellation;except In the case of a renewal of a policy subsequent to the dosing of the loan,a paid receipt of the full amount of the applicable premium,and the amount of Insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage,no notice of cancellation or nonrenewal of a binder is required unless Die duration of the binder exceeds 60 days.For auto insurance,the insurer must give 5 days prior notice,unless the binder is replaced by a policy or another binder In the same company. ' Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than$1,000,ODD.00 when proof is required;(A)Shall be fined not more than$500.00,and(B)is liable to the party presenting Die binder as proof of Insurance for actual damages sustained therefrom. ' ACORD 75.5(1198) GENERAL PROVISIONS FORWARD 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 by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor,tools,equipment and Supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One(1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 DEFINITIONS �! Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous article. 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to ' secure performance of the work covered by this Contract and his or its duly authorized officers or agents. Generally this will be the "City of Jefferson". 3. "Contractor"or the words "Party of the Second Part"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). ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 6. "Construction Representative"shall mean the engineering or technical assistant duly utho r' zed 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. 8. Day or"days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared 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. Similarly the words"approved", "reasonable",, suitable , "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed"or any expression of the like import,such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. 15. Consultant 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. F:ICITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 71 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 or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. ' GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This 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 ail damage loss and expense which may occur to the City by reason of defective materials used,or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. t 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. F:\CITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 II! (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & 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-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and 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 shall be the same as required for Bodily injury Liability and ' Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2, 6.3, 6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part 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. 1 (3) The collapse of, or structural injury to, any building or structure on or adjacent to the City's premises, or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE ' LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with ' Bodily Injury or Death Limits of not less than $300,000 per person and$2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. ' The above is to cover the use of automobiles and trucks on and off the site of the project. • GP-6.81 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance as will protect him against any and all claims FACITY-PROJECTS132078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with 1 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-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted. it shall be of the"All Risks"type,with coverage designed 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 e 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-furnished 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,omission,or neglect of the Contractor to do and perform any of the covenants,acts, matters,or things by this contract undertaken to be done or performed,or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men,or suppliers of machinery and parts thereof,equipment,power tools 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 ' F:ICITY-PROJECTSQ2078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2006 Ile 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. 1 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 & EQUIPMENT Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the ' execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other 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 bythe City unless otherwise specified. The Contractorshall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2o05 mill and overlay contract.wpd January 18,2005 GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own e 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. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. ' Should anything be omitted from the Specifications and Plans which is necessaryto a clear understanding of the work,or should it appear various instructions are in conflict,then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN • Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be ' executed until the required dimensions have been obtained frorn 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. FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contractmiod January 18,2005 w The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. ' The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the 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 may be rejected by the Engineer at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. All condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail 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. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines, scopes, and ' continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before ' stakes are required. No claims shall be made because of delays if the contractors fail 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. ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contractmpd January 18,2005 Any work done without being properly located and established by base lines, offset stakes, bench marks, orother basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ' The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time 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 by the 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. eAll 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. Ali lights used FACITY-PROJECTSQ2078-2005 Milling&Overlay Prograrn12005 mill and overlay contract.wpd January 18,2005 for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed,and the work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained In conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control ' Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information, The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for ' extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners, and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely ' at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be ' . moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY ' The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The 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 life or of the work or of adjoining property,the Contractor,without ' special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. ' The Contractor agrees to hold the City harmless from any and all loss or damages arising out of • jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP ' FACITY-PROJECT5132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 71 The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one (1)year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS 1 If desired by the 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. 1 If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of; 1. Credit due the Owner for Contract work not done as a result of an authorized change. ' 2. 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. ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 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 by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum 3. Method C: If neither Method A or B can be agreed upon before the work is started, then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published by the Missouri State Highwayand 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 fail to perform any provision of this contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if 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 by whatever ' FACITY-PROJECTS 132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 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 1 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 fails to ' maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP 33 UNFAVORABLE CONSTRUCTION CONDITIONS ' During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory ' manner. GP-34 MATERIALS AND EQUIPMENT tUnless 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 S 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 F:\CITY-PROJECTS\32078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 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 9 g 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 1 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 may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety 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 1 (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. ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract.v%Pd January 18,2005 (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% 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 anyfob 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. ' FACITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000, the City shall select products manufactured, assembled or produced in the United States, if quantity, quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-45 AWARD OF CONTRACT- REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all 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%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT ' In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to ' the extent that any liability is assessed against the City of Jefferson, Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose ' FACITY-PROJECTSQ2078-2006 Milling&Overlay Program12005 mill and overlay contractmpd January 18,2005 subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses Incurred. Any contractor who falls to comply with the requirements of hiring only Missouri laborers or laborers from non-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 any liabilitythat may ' be assessed against It or any additional expenses Incurred by the City of Jefferson,Missouri, because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS r s ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contract,wpd January 18,2005 SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over an other p p Y provisions in these specifications. $P-1 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, Detail 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-2 PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid for the project. SP-3 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-4 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 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 ' shall 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-5 PROOF OF INSURANCE All certificates of Insurance provided for this project shall be issued directly from the company ' affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. ' In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. SP-6 REPAIR OF DRIVING SURFACE ' All sections of pavement damaged or removed during construction shall be replaced in • accordance with the following requirements: ' Existing ' FACITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 Pavement Base Surface ® PCC Street ---- 6" PCC Bituminous Street 6" PCC 1 %" AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix Is not available. The cold mix shall be removed and the permanent hot mix shall be installed when it becomes available. Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and repair of the driving surface shall be subsidiary to construction. SP-7 ADVANCE NOTICE The Department of Community Development shall be notified at least forty-eight(48) hours in advance of the start of construction. ' Coordination for street paving will be primarily through the Street Division. SP-8 SEQUENCE OF OPERATION ' The milling, crack sealing, reflective crack control, chip and seal, and overlay operations will be sequenced to minimize the inconvenience to the traveling public. The contractor will not be permitted to place any final surface course until the base widening, the leveling course and ' • the binder course have been completed throughout the entire combination of sections, unless otherwise authorized by the Department of Community Development. The proper condition of the base widening, the level course, and the binder course at the time of placing the surface course, shall be the Contractor's responsibility. The contractor shall sequence overlay to follow closely behind the chip and seal operations. When every possible the chip and seal treatment should be covered with the overlay within 72 hours. SP-9 SURFACED APPROACHES At locations designated in the contract or as directed by the Department of Community Development, approaches are to be primed in accordance with the specifications and surfaced with BP-1 asphaltic concrete. Approaches shall not be surfaced until the surface ' course adjacent to the entrance is completed. No direct payment will be made for any work required to condition and prepare the subgrade on the approaches. SP-10 PAVEMENT REPAIRS A blow-up will be considered to be that area where excessive expansion has resulted in distress to the existing pavement. Blow-ups occurring prior to the application of the tack coat ' on the existing surface will be repaired by the City of Jefferson. Blow-ups occurring after the application of the tack coat shall be repaired by the Contractor. ' SPA I SURFACE PREPARATION • The City of Jefferson shall be responsible for the preparation of streets, roadways, and other areas listed In the paving schedule, including removal and replacement of any soft spots with materials compatible with the pavement type encountered. ' FACITY-PROJECTSQ2078-2005 Milling&Overlay Program\2005 mill and overlay contractmpd January 18,2005 SP-12 JOINT PREPARATION The contractor shall be responsible for the preparation of, including cleaning, filling, or other repairs to transverse and longitudinal joints, or to any random cracks that is required prior to the installation of a Paving Joint Reflective Crack Control System. This required joint preparation shall be considered as part of the work required in the installation of the Reflective Crack Control System. The cost for this preparation shall be included in the unit price for the installation of the Reflective Crack Control System. SP-13 SWEEPING The contractor shall be responsible for sweeping after the milling operation and the City of Jefferson shall be responsible for sweeping prior to tack coat application and overlay operations as well as at the completion of the Chip and Seal operations. SP-14 TRAFFIC CONTROL The streets under this project shall be kept open to traffic at all times unless permission is obtained from the engineer to close said streets. All necessary flagmen, barricades, warning signs, and cones shall be provided by the contractor in accordance with the MUTCD, and no additional compensation will be allowed. SP-15 TRACK TYPE PAVING EQUIPMENT The Department of Community Development reserves the right to require a track type paver should it deem it necessary. ' SP-16 DISPOSAL OF MILLINGS The City will supply a number of dump trucks and qualified drivers to accept the asphalt cuttings for all work done in the City of Jefferson. The contractor shall load cuttings onto the dump trucks provided. All materials removed by the planing machine will be the property of the City. The contractor may be required to supply additional dump trucks and qualified drivers. If such work is required it shall be paid for at the unit price bid. SP-17 PURCHASE OF ASPHALT MILLINGS FROM CITY OF JEFFERSON The City of Jefferson intends to keep for its own use approximately 2,000 tons of the asphalt millings obtained during the milling operation. The purchase of the remaining estimated tonnage of millings is included as a bid item in the proposal. Asphalt millings will be bid per ton delivered to the dumping site. The bidder must have a suitable scale available at or on route to the dumping site. Materials may be hauled as they are milled from the pavement, and the bidder must be prepared to take delivery at that time. Should the bidder desire delivery outside the city limits, additional arrangements must be made. Any costs incurred by the city over and above the casts of delivery inside the city limits must be reimbursed by the purchaser. SP-18 COOPERATIVE PROCUREMENT The City of Jefferson has entered into cooperative purchasing agreements with the County of • Cole and the Jefferson City Housing Authority. The Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or services under ' this bid or resulting agreement period at the same prices, terms and conditions stated herein. ' FACITY-PROJECTSQ2078-2005 Milling&Overlay Program12005 milt and overlay contract.WN January 18,2005 i It is understood and agreed that each participating political subdivision will make its own ® separate contract with the successful bidder, that each participating political subdivision shall only be liable to the successful for materials or supplies contracted for by such political subdivision, and each successful bidder shall be required to bill each participating political subdivision directly for the materials or supplies purchased. In the event of any dispute between a political subdivision and a successful bidder arising after a contract of purchase has been executed, such dispute shall be handled by and between the particular political subdivision affected and the contractor. iSP-19 CERTIFICATION OF BITUMINOUS MIXING PLANT The bituminous mixing plant used in the production of the bituminous paving materials to be utilized for this project shall meet the specifications in Section 404 of the latest edition of the "Missouri Standard Specifications for Highway Construction". Only plants that have been certified to produce paving materials for the use in MoDOT projects or projects requiring the same type of certifications may be used. The City will require documentation or calibration of the mixing plant. SP-20 RENT OF PAVEMENT WIDENER/SHOULDERING MACHINE The bidder is requested to provide an hourly bid for the use of a shouldering machine and one i operator experienced in it's use. The equipment and operator will be supplemented with City supplied personnel, equipment, and material to be used in the placement of aggregate surface on shoulders to newly paved streets. Prior to use of the equipment, the bidder will make the machine available for inspection by City personnel to ensure it compatibility to do ' the work required. SP-21 ALTERNATE BID A- PARKING LOT CHIP AND SEAL i As per the attached exhibit the Jefferson City Parking Division is requesting bids for a Chip and Seal surface on a gravel parking lot known as Lot 26. Since large volumes of customers park on this lot during weekdays all work on this lot will be required to be completed during evening and/or weekend hours. Parking Division personnel will be on site during this operation to set the limits of the chip and seal work, The work shall include the placement of 2 applications of Chip and Seal surfaces. The bid price per square yard shall be for 1 application. The area to be chipped and sealed is shown in the attached Exhibit 2. The contractor shall contact the Street and Parking Division Director at 573-634-6450 at least 48 hours in advance of the scheduled work. iSP-23 ALTERNATE BIDS The City of Jefferson reserves the right to accept any of the bid alternates for the project. The contractor should riot assume the alternates will be accepted in the order shown on the bid sheet. Acceptance of the alternates will be based on the need and best interest of the City. SP-23 NIGHT OPERATIONS iThe City of Jefferson wishes to conduct some of the overlay work during night time hours to minimize impact to the driving public. The attached Schedule of Quantities denotes which street sections will be overlaid during night operations. With the approval of the Engineer the ' list will be added to or reduced so as to fill a complete work week. Night operation will be defined as conducting operation between the hours of 8:00 pm and ' 7:00 am. During night operation the contractor will be require to sign the project appropriately for any road and/or lane closures. Lighting will be required on all equipment and areas where ' F;\CITY-PROJECTS\32078-2005 Milling 8 Overlay Program\2005 mill and overlay contract,wpd January 18,2005 flagman are in use. No direct payment will be made for night operations, SP-24 APPLICATION OF CHIP & SEAT_ a. DESCRIPTION This contract shall consist of the application of bituminous material followed by the application of cover coat material in accordance with these specifications and conditions. SURFACE TREATMENT: Existing treated surfaces shall be cleaned by the use of shovels, hand or power brooms, or scrapers, as to remove all mud, matted earth, dust, and other foreign materials, Special care shall be taken to clean the edges of the surface. Where a considerable mat of mud or earth exists, it shall be removed long enough in advance of the application of bituminous materials to allow the surface to become thoroughly dry. Any surplus material such as matted bituminous material or excess aggregate previously spread and not definitely bonded to the surface shall be scraped and swept therefrom. Material cleaned from the surface shall be removed. b. APPLICATION TACK COAT: All surfaces to be sealed which area gravel or other similar material shall be tack coated as per TS-7.5. EMULSION APPLICATION: Bituminous materials shall be applied by means of ® hydrostatically driven pressure distributor. Application shall be a uniform continuous spread, without missing or overlapping, and under such pressure as to thoroughly coat the surface. Truck speed of distributor shall be consistent with placement of cover aggregate. Hand pouring pot, or hose and nozzle shall not be used except where special conditions make it impractical to use the distributor. Application of hot bituminous material shall be made immediately prior to the application of covering aggregate. 1 To insure the above procedure, only that part of the distributor tank capacity shall be applied and covered before the bituminous material has had time to cool appreciably from application temperatures. Best performance of the completed surface treatment can be achieved if distribution of the liquid bituminous materials is applied when ambient temperatures are 80°F and rising and existing surface temperatures are 70° F and rising. ' The operating temperature of the CRS-2P shall be at a minimum of 1100 and maximum of 175.0 Normal temperature of 1501 for application shall be used. ' Bituminous material shall not be applied on a wet surface or when weather conditions would prevent the proper construction of the seal coat. The moisture content of the aggregate shall not exceed 5 percent by weight. If specified by the engineer, the cover aggregate shall be moistened with water to enhance cohesive properties of the ' emulsion. Extreme care shall be taken during the application of bituminous material to protect curbs, sidewalks and adjacent structures from discoloration or damage. After the surface has been prepared in accordance with the foregoing, the following ' minimum shall be applied to the surface: Polymer Modified Asphalt Emulsion -The grade of Polymer modified asphalt emulsion shall be CRS-2P. Application rate of.35 - .40 Gallons Per Square Yard. FACITY-PROJECTSM078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005 t Which shall be covered immediately with clean aggregate: Aggregate for Polymer Modified Asphalt Seal Coat shall be applied at a rate of 23-27 pounds and using 3/8" clean pea gravel per square yard. The curbs may be protected by the use of lime paste, canvas baffles or by the use of ' a metal shield of other means. Unless otherwise provided, the bituminous material shall be applied to one half the width of the surface at a time, with the center lap of the application placed at the lane line of the traveled way and kept as narrow as is practicable. The other side of the roadbed shall be left open to traffic. The contractor at his expense shall repair any curbs or structures damaged during construction. AGGREGATE APPLICATION: By means of a mechanical spreader, which will accurately measure and uniformly spread the material in the required amount. All ' portions of the surface not covered by a mechanical spreader shall be hand spotted so that the entire surface will be uniformly covered. Spreading shall be accomplished in a continuous manner, without stopping between trucks, and in such manner that the tires of the trucks or aggregate spreader at no time contact the uncovered and newly applied bituminous material. Light hand brooming may be necessary to distribute excessive aggregate. The surface shall then be rolled once over and mechanically broomed, so as to distribute the cover material uniformly over the surface. After the cover material has been rolled and broomed, as described below, the surface shall again be rolled thoroughly. ' ROLLING APPLICATION: Rolling shall begin immediately behind the spreader and shall consist of two complete coverages with the pneumatic-tire roller. All rolling shall be completed the same day the cover aggregate is applied. A self propelled driven pneumatic tired roller weighing not less than five (5)tons shall be used. Speed of roller not to exceed five (5) mph. Rolling shall be carried on longitudinally beginning at the edges of the pavement and shall proceed on each side toward the center of the pavement, overlapping on successive trips by at least one- half(1/2)the width of the rear wheels. The roller shall be started and stopped with gradual increase and decrease in speed, and each time at a different location to avoid horizontal displacement of the material. TRAFFIC CONTROL: No traffic shall be permitted on the seal coat until all rolling has been completed. No traffic shall be allowed for at least two hours after the completion of rolling. The contractor's supply trucks shall observe these traffic controls. ' C. METHOD OF MEASUREMENT Chip and Seal shall be measured and paid for by the square yard. d. BASIS OF PAYMENT The amount of completed and accepted work, measured as provided above, shall be paid for at the contract unit price bid per square yard. Prices shall be full compensation for furnishing all labor, equipment, materials and insurance required for the project. A copy of all tickets for material and oil shall be given to the County for proper accountability and billing procedures. FACITY-PROJECTS132078-2005 Milling&Overlay Program0005 mill and overlay contract.wpd January 18,2005 END OF SPECIAL PROVISIONS F:ICITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 TECHNICAL SPECIFICATIONS ' TS-1 Plans There are no drawn plans for the overlay work. Sketches of areas of additional work are shown as exhibits to add the bidder in understand the proposal of work. The work is to be located on streets and alleys as designated in the Schedule of Quantities (see attachment). The areas and quantities given in the Schedule of Quantities are estimates only and may be increased or decreased as directed by the Department of Community Development. The areas given in the Schedule of Quantities as "Milling Area" do not in all cases include all of the street areas between limits given, but represent an estimated square yards of area within those limits that are to be planed. TS-2 Working Time Limitation Due to the high volume of vehicular traffic on certain routes included in this project, work shall cease at 4:00 p.m. unless specifically waived by the Department of Community Development. TS-3 Cold Milling Requirements TS-3.1 Planing Machine Equipment ' The planing machine to be used in this contract shall be designed and built for cold planing work, shall be self-propelled and shall have a means of planing or milling the old pavement surface. A dust suppression system must be part of the equipment. The drum patterns shall • permit a grooved or smooth surface finish as selected by the Department of Community 1 Development. The drum shall be totally enclosed to prevent discharge of any loosened material on adjacent work areas. Maximum width of the planing machine will not be restricted. A minimum of 42 inches is preferred. Smaller machines may be used for auxiliary 1 purposes only. The planing equipment shall provide for pick-up of cuttings and elevating into dump trucks all in a single operation. Use of front end loaders as the primary means of pick-up will not be ' construed as a single operation nor will side loading of dump trucks be permitted. The cold planing machine shall have adequate power to force the cutting edge(s)of the drum e teeth to the desired depth below the surface of the pavement without causing undue irregularities in the surface of the planed pavement. The planer shall be so designed and constructed that it is capable of cutting flush to all curbs, 1 inlets, manholes, or other similar obstruction within the paved area. Drum lacing patterns shall permit a smooth surface finish after planing with groove spacing not to exceed one (1) inch unless otherwise approved by the Department of Community Development. The planing machine shall be equipped with a flashing yellow light visible from 360 degrees. The light shall be mounted near the rear of the machine and shall be used whenever the machine is being used or moved upon the City streets. ' TS-3.2 Methods of Operation • The nature and condition of the cold planing equipment and the manner of performance of the work shall be such that the finished planed surface of the pavement is not torn, gouged, ' shoved, broken, oil coated or otherwise injured by the planing operation. FXITY-PROJECTSQ2078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 The cold milling generally consists of milling off the surface to a depth of 2". It is anticipated that on some areas the cold milling depth will be greater than the typical 2" to maintain a good ' profile and drainage. Additionally, where brick is the underlying material, it will be necessary to mill to the top of the bricks or to sound asphalt. Any unsound material remaining on the bricks after milling shall be removed at the contractor's expense. In the event two (2) machines are used, they will be run in tandem so as to occupy only one lane. Planing work shall be limited to a maximum of one lane, 500 running foot length of operation. This running distance shall be from the planing machine to the last operated piece of equipment in said lane or where circumstances warrant, the operating distance may be Increased with the approval of the Department of Community Development. TS-3.2.1 Intersecting Streets: The contractor shall plane through intersections unless directed otherwise by the Department of Community Development. Work on cross street intersection areas outside the through ' traveled way will be required in certain areas. TS-3.2.2 Portland Cement Concrete Pavements: Unless otherwise directed, concrete pavements shall be edge-milled approximately six(6) feet. The milling operation shall commence at a distance of two (2) feet from the face of the curb or at the gutter lip. The depth of cut at the limit of the milling nearest the curb shall be a minimum of two (2) inches and should taper to the existing pavement surface approximately eight(8)feet from the face of the curb. The finished product should present the appearance of a concrete gutter pan of a uniform width of two (2)feet in width from the face of the curb. • TS-3.2.3 Transporting Equipment: All equipment used by the Contractor having metal tracks shall not be driven over streets other than those streets being planed. Such equipment must be transported. TS-3.2.4 Tolerances: In all areas designated, sufficient passes or cuts shall be made such that all irregularities or high spots are eliminated to the satisfaction of the Department of Community Development. The planing operation shall provide a smooth profile and cross section that does not require a leveling course prior to the overlaying operation. The maximum tolerance in a longitudinal direction shall be Y2" under a ten(10)foot straight edge and shall be 3/8" under an eight (8) foot straight edge in a transverse direction. ' TS-3.3 Utility Manholes, Valve Boxes Curbs and Surface Accessories The contractor shall use a small cold milling machine capable of milling around manholes and valve boxes. Cold milling around valve boxes and manholes shall be performed Immediately ' after cold milling a lane width and before that part of a lane is reopened to traffic. Bituminous hot mix shall be placed around valve boxes and manholes for a width of three (3)feet, raked to a feather edge and compacted. ' The contractor shall be held responsible for protecting all utilities and in the event lie damages any of them, they shall be replaced by the contractor at his own expense. ' TS-4 Area Reflective Crack Control Treatment This work shall consist of furnishing all materials, equipment, labor, and performing all operations for installing Area Reflective Crack Control Treatment. Area Reflective Crack ' Control Treatment shall be Reflective Crack Control System A (Petromat or approved equal). ' FACITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay contractmpd January 18,2005 The surface on which Reflective Crack Control System A is to be installed shall be clean and dry. All cracks, spatts, potholes or other depressions shall be sealed with an approved crack sealer or filled with mixture for cracks, joints and flange ways to the satisfaction of the engineer before any crack control system is installed. Bituminous surface course mixtures planed on top of any Reflective Crack Control System shall be placed at a maximum temperature of 300 degrees F. All other preparation, transportation, placing and compaction of bituminous mixtures shall be done in conformance with the Technical Specifications, TS-4.1 Reflective Crack Control System A- Materials The reinforcing fabric shall be non-woven polypropylene or other approved plastic fabric having the following properties: a) Minimum Weight (ASTM D 1910), 3.60 oz./sq. yd., b) Minimum Grab Strength (ASTM D 1682), 90.0 lbs., c) Minimum Elongation at Break (ASTM D1682), 55.0%, and d) Minimum Asphalt Retention, 0.20 gal./sq. yd. The asphalt binder shall be 85/100 penetration asphalt cement meeting the requirements of Section 1015.5 of the Missouri Standard Specification for Highway Construction, TS-4.2 Equipment Mechanical lay down equipment shall be capable of handling full rolls of fabric and shall be capable of laying the fabric smoothly without excessive wrinkles and/or folds. Stiff brush brooms to smooth the fabric and scissors to cut the fabric shall be provided. TS-4.3 Installation ' The area to be covered with fabric shall be sprayed uniformly with asphalt binder at a rate of 0.25 to 0.30 gallons per square yard as directed by the engineer. Binder application shall be accomplished with a pressure distributor for all surfaces except. Where the distributor does not have room to operate, hand spraying will be allowed. The width of the spray application shall be no more than 6"wider than the fabric and no less than the fabric width plus 2". The binder shall not be applied at a temperature greater than 325 degrees F to avoid damage to the fabric. After the binder has been sprayed, the fabric shall be unrolled or hand placed onto the binder without delay. Every effort must be made to lay the fabric as smoothly as possible ' to avoid wrinkles. In no case shall wrinkles large enough to cause laps of the fabric be permitted. Such wrinkles shall be cut and laid out flat. The fabric shall be broomed or squeegeed to remove air bubbles and make complete contact with the road surface. The fabric shall overlap the adjacent fabric panel a minimum of 2". Additional binder shall be applied to make the joints where overlap is greater than 2". This shall be a hand application. The transverse joins shall be made in such a manner to avoid pickup by the paver. The direction of paving shall be in the direction of fabric placement. When the contractor re-opens the pavement after applying the fabric and prior to resurfacing, ' lie shall apply prime coat aggregate to the surface when and in the quantity requested by the engineer. In addition, the contractor will be held responsible for any and all damage to the fabric by traffic. The contractor will repair the fabric in accordance with the specifications at his own expense. ' TS-4.4 Payment • Basis of payment: This work shall be paid for at the contract unit price per square yard for Area Reflective Crack Control Treatment installed In place. The unit price shall include the FACITY-PROJECTSQ2078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 cost of furnishing and applying any required bituminous material (prime coat), prime coat aggregate, and any mixture for filling cracks, joints and flange ways. TS-5 Paving Joint Reflective Crack Control Treatment: This work shall consist of furnishing all materials, equipment, labor, and performing all operations for the installation of paving joint treatment system similar to or equal to PavePrep or PavePrep SA as manufactured/distributed by CONTECH Construction Products Inc. The stress relieving membrane material that is furnished may be of the self adhesive type or of the type that requires a separate asphaltic tack coat for adhesion. TS-5.1 Area of Application: The joint treatment system shall be applied to all transverse and longitudinal control joints, as well as any random cracks that may have developed in portland cement concrete pavements that are to be resurfaced by the application of an asphaltic concrete overlay. TS-5.2 Surface and Joint Preparation: The surface upon which the system will be placed shall be free of dirt, water, and vegetation. Surface cracks or joints 3/4"wide or less need not be cleaned or filled. Surface cracks or joints and other distressed areas greater than 3/4" but less than 2"wide shall be cleaned and filled with an approved crack filler or hot-mix asphalt (maximum 3/8"aggregate size) compacted to the existing surface elevation. Cracks or joints and other distressed areas ® greater than 2" wide shall be cleaned and filled with hot-mix asphalt(maximum 3/8"aggregate size)compacted to the existing elevation. Cracks and/or joints with vertical elevation differences greater than 1/2" shall be wedged with compacted hot-mix asphalt to level the distressed area. TS-5.3 Application of Joint Treatment Material: The joint material shall be applied in strict adherence to the recommendation of the manufacturer of the material chosen to be furnished. During the application of the joint treatment system, a representative of the manufacturer shall be present to provide technical assistance and on-site instruction as to the correct methods of installation. TS-5.4 Width of Joint Treatment Material: The joint material shall be provided in widths such that the edge of the material extends a minimum of 9 inches beyond the joint or crack. The minimum width of material shall be 21 inches. TS-5.5 Asphalt Overlay Over Joint Treatment Material: The minimum compacted depth of asphalt overlay shall be two (2) inches. The contractor ' shall test roll the overlay to establish the rolling pattern that produces the required densities and an acceptable ride quality over the applied joint treatment material. The rolling operation shall be established so that shadows of the joint material do not appear on the surface of the newly applied overlay. TS-5.6 Payment • Payment shall be based on the unit price per square yard and shall Include the furnishing of all material, equipment, and labor to prepare and clean the surface and joints and installing FACITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18, 2005 �■ the joint treatment system as recommended by the manufacturer. The contractor shall ® indicate with the submittal of his bid proposal the product which he proposes to use. TS-6 Depth of Overlay The depth of overlay shall be within 1/4 inch of that specified. The City will try to minimize thickness to achieve maximum utilization of available funds. TS-7 Asphaltic Concrete TS-7.1 General: This work shall consist of the construction of asphaltic concrete base, and surface course as ' shown on the plans and specified herein. TS-7.2 Standard Specifications: All work of this section shall be in accordance with the referenced portions of the latest edition of the "Missouri Standard Specifications for Highway Construction" as published by the ® Missouri State Highway and Transportation Commission, except as modified here. 1� TS-7.3 Asphaltic Concrete Base: ' TS-7.3.1 Sub-grade: Subgrade shall be prepared as specified in Sect. TS-2 of the City of Jefferson Standard Technical Specifications. TS-7.3.2 Materials: Materials shall conform to MoDOT Standard Specifications Sec. 301.2 1999 edition. TS-7.3.3 Mixture: ' The mix shall conform to the requirements of Sec. 301.3 Asphalt cement content shall be in the range of 3 to 6 percent. Marshal Properties Stability 1200 Min. Flow 8 to 6 ' TS-7.3.31 Section 301.3.2 shall be changed to read as follows: Prior to preparing any of the mixture on the project, the Contractor shall obtain, in the presence of the Engineer, representative samples of asphaltic cement and mineral aggregates for tests. The samples of material shall be of the size designated by the Engineer and shall be submitted to an approved laboratory for testing. The Contractor shall also submit for the Engineer's approval, a job-mix formula for each mixture to be supplied for the project. No mixture will be accepted for use until the job-mix formula for the project is approved by the Engineer. The job-mix formula shall be within the master range specified for the particular type of asphaltic concrete, and shall include the type and sources of all materials, the ' gradations of the aggregates, the relative quantity of each ingredient, and shall state a definite percentage for each sieve fraction of aggregate and for asphaltic cement. No job-mix formula • will be approved which does not permit, within the limits of the master range, the full tolerances specified for asphalt cement and for material passing the No. 200 sieve. The job- , mix formula approved for each mixture shall be in effect until modified In writing by the Engineer. When satisfactory results or other conditions make it necessary, or should a FACITY-PROJECTS132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 source of material be changed, a new job-mix formula may be required. The Engineer may make adjustments in the job-mix formula in order that the mixture meets established criteria of the Marshall mix design. The maximum time a job-mix will be used will be two (2) construction seasons. TS-7.3.3.2 Omit Section 301.3.6, 301.3.7, 301.3.7.1, and 301.4. TS-7.3.3.3 Commercial Mixture: A commercial mix may be used if approved by the Engineer. To request approval of a commercial mix, the Contractor shall submit to the Engineer the proposed mix proportions, sources of materials, Marshall properties, and a list of projects on which it has been used. TS-7.3.4 Construction Requirements- TS-7.3.4.1 Weather Limitations: Bituminous mixtures shall not be placed (1)when either the air temperature of the temperature of the surface on which the mixture is to be placed is below 40 degrees F. (except that base courses 3 inches or more in thickness may be placed when the air temperature is 35 degrees F.) (2)on any wet or frozen surface, or(3)when weather conditions prevent the proper handling or finishing of the mixture. Mixture shall not be placed during inclement weather. TS-7.3.4.2 Asphalt Plant: ® The asphalt plant or plants shall meet the requirements or MoDOT Standard Specifications Sec. 301.6 1999 edition. Plant calibration shall be the sole responsibility of the Contractor. TS-7.3.4.3 Preparation of the Mixture: Preparation of the mixture shall be in accordance with applicable portions of the MoDOT Standard Specifications Section 404.6.2.1 through 404.6.3 1999 edition. Transportation of the mixture shall conform to the MoDOT Standard Specifications Sec. 301.8 1999 edition. An adequate number of trucks to provide constant supply of mix to the laying machine shall be used. The location of the plant shall be close enough to the project that excessive cooling does not occur. The provisions of the MoDOT Standard Specifications 301.9 and 404.6.3 1999 edition shall be met. TS-7.3.4.4 Spreading the Mixture: ' Asphaltic mixtures shall be spread in accordance with MoDOT Standard Specifications Section 301.9, 301.9.1, and 403.17 1999 edition. Allowance shall be made for the slope of the outside edge so that the finished top dimensions match those shown on the plans. The curb and gutter shall be used as a grade reference for the automatic screed control. ' TS-7.3.4.5 Compaction: Rolling shall begin as soon as practicable after the spreading. The Contractor shall submit to the Engineer the rolling system he proposes to use or the compaction of the mixture. Rollers shall be in good condition, capable of operation without backlash. Steel wheel rollers shall be F:\CITY-PROJECTS\32078-2005 Milling&Overlay Program\2005 mill and overlay coniract.wpd January 18,2005 requipped with scrapers. All rollers shall have a functioning water system for moistening each roller or wheel. Base course shall be compacted to 05% of laboratory density. Surface course shall be compacted to 98% of laboratory density. The Contractor shall verify compliance with compaction requirement by use of an approved non-destructive test method. The test shall be preformed at the beginning of each day's operation to verify rolling patterns. ' If deem necessary by the Engineer, the Contractor shall obtain by approve methods a test sample and deliver to the Engineer cores testing. The Engineer will contract for testing of the sample by an approve independent testing firm. Payment shall be made to the Contractor for ' taking and repairing the sample at the unit bid price set out in the bid. TS-7.4 Asphaltic Concrete: This work shall consist of asphaltic concrete surface course. TS-7.4.1 Materials. Material shall conform to the applicable sections of Standard Specifications for Highway Construction, Section 401, 403, and TS-7.3.3.1 for BP-1 and BP-2 except as modified hereto. TS-7.4.2.2 Aggregate for Asphaltic Concrete: Shall conform to the applicable sections of the Standard Specifications for Highway ' construction with the additional requirement that supplier shall crush and stockpile 50% of the needed approved aggregates prior to placement of any asphaltic base or pavement. TS-7.4.3 Construction Requirements: Construction requirements shall be specified in TS-7.3.4 as amended herein. TS-7.4.3.1 Weather Limitations: Weather limitations shall be as specified in TS-7.3.4.1 except that no asphaltic concrete shall be placed when the temperature of the air or the surface on which the asphalt will be placed is less than 40 degrees F. TS-7.4.3.2 Spreading: Spreading of the mixture shall be in accordance with Sections TS-7.3.4.4 except that automatic screed control shall not be used on the surface source unless directed by the Engineer. TS-7.5 Tack Coat: A Tack Coat will be required over all existing pavement to be overlaid and between each lift of the new asphaltic concrete pavement unless the preceding lift has been protected from all dirt and traffic since its placement. Tack Coat will be placed after cleaning and preparing of the surface is complete. Application rate will generally be 0.10 to 0.15 gallon per square yard as directed by the Engineer. Tack Coat material shall be RC-70, SS-1, or SS-111 unless otherwise approved by the Engineer. ' There will be no direct payment for tack coat. This work will be considered subsidiary to the • asphaltic concrete pavement or base. TS-7.6 Measurement and Payment- FACITY-PROJECT5132078-2005 Milling&Overlay Program12005 mill and overlay contract.wpd January 18,2005 Measurement will be made for the various type of pavement as per the itemized bid form. Where the existing pavement is being overlaid, payment will be for Base Leveling Course per ton and for Surface Course per ton. Where all new pavement is to be constructed, payment will be made per square yard of full- ' depth base and surface course per typical section. Payment will Include all costs of cleaning existing pavement or previously laid lifts and all costs of tack coat. ' END OF TECHNICAL SPECIFICATIONS 1 ■ i 1 i ' FACITY-PROJECTS132078-2005 Milling&Overlay Program\2005 mill and overlay contract.wpd January 18,2005;. '` Np C V to U1 r N C! M h. N N V xo uatu •_ wwwwww . ww .- .- — — - wwwww r , o. d. d. C. d (L d CL d d. LL n d a d d. d C1. ci a Li d. C, d d. d. d o. d w m m m m m m m ai m m in to in m m to to m m m m to to m m m m m h a to b N in N in to in o o c) c> a O a b in in fn in in o to b a a to in fV w r- • N N N N N N N N w r w w t11 w N O N r D, ' OO W O O O O W tp Z i0 (0 ip l0 i0 ill 10 '. Z Iii u l w i0 J iD is iD iA is in in ED W in iA to 1 Z Z x � w V all O atl ? ^ a K M t0 tnY f, C11 o° o C.) C)Cl) q r` r. oN r (30 0) (p N ^ N ` Nj NC-4 a a aD '� 1 ' LL Q N r`9 r, b M 4) CJ t` M N ^ M M r- O O O CJ N f`to W )+ O h tpp pC� Ol In �. h roAry c� M O l0 M r' O V p Cf+ N cD VI W n d f, ch lD in f0 t t� t rn 1n t0 ccpp r� llpp f0 �p rn rn W h pr`p N O N w lA w .- N .- fO U) •1 'r r` (D M �t rn fA N 1V w N M w N w t D M M 4 in N r.y in. tn') O ") r_7 h OI ('7 P rO� Oq a b r•�j 'C'O' frOwp� �On On h N N N W o0 r. .v-) N r c0- CJ N t3 V rA fU tD fV Q) r0 op f� 11 pp cry p op p o e) �O cA N N N N N r•7 M N N N N N N N M fgi ch N N N N N M 1 0 � v . w z rz O n u� {fit Q ww yqQ Q 3 ° O w O W rS Q .T.. a W :� _l Y t N 0 O0 � W ° � L w UOY �� ° L 1f,-i ° lu O pQ 2r�, O ° 7 a z O z y c o CL a w w m U '> � U ro r0- � �, i o w U OU U a a � ``r) w Z Y J 2 Z y 5 w O N w O O W 7 Z T Z O In ' J � yO � o � ° Wo � Qg ° ao � g ' w ov chi, U U I� S w w -j ...r n m w <n w a 3 u� O uI m v LL a �.., r E U W r v w0 Qa woz d U 0 ° w w w w w w w x x _ J �p M N 10 oa u� d� x ZV p r K W ��Qjjj W d d d d ri d d a d l o a d cn m m m m m m m m m m m m ' 1 0 L!`' 0 0 N O 0 0 In O O ^ O v CL lV r r t1{ r r lV fV h o w w z z LL zc p� a 6 � rn ti t IL N N .W d 3 O O u 0 U 2 W n rt V Z co O C7 ti n `°g ui x a p } Z>: N m w a0 lM� V �q� Q 'D O t O IA W f0 Qf N N co ' d U. r Q r u1 W rn N p p r�i Vi O `pp m oeo h N N O r 2 W A tJ1R' u W to m Ln n w J = N U. W ccpp W M N N N N N N N M C r 0 00 } } cn O p Z O z O �8 O Q o,J a Z} ~ W W W o�� N Z Z " l�u ow ¢ z o 5 o° o o 0 3 0 a x ¢ o cv a w U h w U. .. Y O W O LL x UJ W r zu3 w p z J O p c� z o x r m m m ` Z ro Q E UJ � ° aN g d o ° 2 o a a J cs 0 o 0. a u 1 C*4 CM d ~ t Y 1 S NOl ONIHSVM 4 ,731 , ..J :4' � ' ��Y 1 rf �Q `SS .;i --•'---- ----------- ---__ -......_ ` �rwr���`r Jt Y,}y.rr 4 41. AT cr IT owl ll�To 1 tt. ,r,. ;w. `'l:-'' �._.-__-__. +' 4 CEi Ij�t4Cf '. .,t:.t \TySy y"M" •�l�+ �° �N�V/ /r� �• 1 tt.,{1 it�•. •{"TLty .,/1"�' "i'. �o ',I/M'• y W J.!�'' f.,. F. Y "l.S✓•r r' : T- i r. I , 1S AVMOVOai3 . !�' x11�'• rY r co To IRV Y t: 1 K t p 7 fir,� ,; r �1 r s � r. i• =73 634 6562 FEE-04-200"5' 13:45 JEFF C(T'r' 1-ONO-1 DEQELOPHEH 573 5-34 P.01 ® Page t of 2 M ADDENDUM NO. I PROJECT NO. 32078 2005 MILLING & OVERLAY PROGRAM FEBRUARY 3, 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: . Q�So/1_ s_*� Co BY: ` TITLE: 6)(-Doco�e SeC.re 4a ,,`A _ CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT • Page 2 of 2 ADDENDUM NO. 1 PROJECT NO. 32078 2005 MILLING & OVERLAY PROGRAM FEBRUARY 3, 2005 1. Minutes of the January 26, 2005 Pre-Bic., conference is attached. 2. SP-20 shall be modified as follows (additions are bold and underlined): SP-20 RENT OF PAVEMENT WIDENER/SHOULDERING MACHINE The bidder is requested to provide an hourly bid for the use of a shouldering machine,-And one operator experienced in it's use, and one laborer to operate the -grade control. The equipment and operator will be supplemented with City supplied personnel, equipment, and material to be used in the placement of aggregate surface on shoulders to newly paved ' streets. Prior to use of the equipment, the bidder will make the machine available for inspection by City personnel to ensure it Is compatibility to do the work required. ■ 3. The Parks and Recreation Department of the City is also requesting work to be �J completed in Binder Park. Attached please find Exhibits A1 .1 and A1.2 showing the area of work as well as a revised Itemized Bid Form which includes this additional ' work as Alternate B. The following is also added to the Special Provisions: SP-25 FULL DEPTH PAVEMENT REPAIR tThe bidder is requested to provide a bid per square yard for full depth pavement repair. This cost should include all labor and material necessary to cold mill the existing asphalt roadway to a minimum depth of 6 inch and fill with black base meeting City of Jefferson standards for pavement repair. The areas to be repaired shall be marked in the field by employees of the Parks and Recreation Department. Prior to beginning any work in Binder Park the contractor shall notify Paul Beck (573-634-6577) at least 48 hours in advance. SP -26 BITUMINOUS PAVEMENT BP-1 (BINDER PARK) The bidder is requested to provide bids per ton of BP-1 for roadway and parking lots located in Binder Park. Exhibits A1.1 and A1.2 denote the areas of proposed work. Prior to beginning any work in Binder Park the contractor shall notify Paul Beck (573-634-6577) at least 48 hours in advance. 1 _ _ i), fir• � \.'', M1.,. rr � ���� ".'n—��..w_.......,..,,,,,,•�, "1 '� 5. 7�'t.« �,,,: r' ) y I f rn rr rr 'I ..�' {� �/ ''\ d `C• �.u..J� w,,,Min ■ Binder Lake Road Overlay Exhibits A1.2 _ I 1 1 1 ' i 1 1 �! - - - - - - - - - - - - - PArk-Boundary_ _ _ _ _ _ _ _ _ _ _ _ _ 1 I I 1 (D ' Ip 1 7 � I n CL CD Z% 1 I i / (n / v 6 / / _. cn / ' - - - - - - - - - - - - - - - - - - - - I