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HomeMy Public PortalAboutORD13862 ® BILL NO. _ 2004-156 ® SPONSORED BY COUNCILMAN BROWN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALELCO, INC FOR EMERGENCY GENERATORS BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Alelco, Inc for Emergency Generators. Section 2. The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 1 Passed: ��:' t..rL, �� /; � Approved: Presiding Officer Mayor ATTEST: APPROVED AS.;'f,, FORM: City Clerk/ City Counselor Dratier's Neste: Delelcd text is shown thm, Inserted text is shown thus. C':\Nlyl:iles`,Cuuncil\()rdinanccs\?00zl-156.\�•lul FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2212 - Emergency Standby Generator Replacement Project 1032 1-0010 Community Development, l.snbincering, Police and lire Departments Opened on March 11, 2005 BIDS 1113CEIVED: Alelco, Inc., New Bloomfield, MO $ 1 17,241.00 Quality Sales & Service/QSS lacctric, TuSCUmbia, MO $ 119,577.00 K=I'ech dba Schneider Electric Co., inc., ,lelTerson City, MO $ 122,300.00 Itichard Flowerton, lnc., ,1efTerson City, MO $ 127,615.00 Meyer Electric, Jefferson City. MO $ 127.615.00 Specifications were sent to four plan houses and one additional bidder with no response. FISCAL NOTE: 1000-3100-7000-0020 Purchase of I?quipment - Police Department (A) 1000-3200-7000-0020 Purchase o1'Fquipment - Fire Department (I3) 2004-2005 Budget (A) $110,734.00 2004-2005 Budget (13) $ 22,000.00 Total Available $ 132,734.00 Bid 2212 $ 117,241.00 Balance $ 15,493.00 PAST PERFORMANCE;: The City has no recent experience with this vendor, however staff believes the vendor will complete the wort: as specified and bid. RECOMME'.NUA'I•iON: Staff recommends the award of'the hid to the lowest and responsible bidder meeting the specifications, Alelco file. Of'New Bloomfield, Missouri at a total cost of $117.241.00. ATTACHMI Ni'S - SUPPORTING I)0Ct tvIl NTATiON Tabulation of Bids, Departmental Recommendation x(coill Signature, 6urcha, nb gent Direc �it ' Development } Police .hiel' Fire C'hi�l=- e ers 11 COMMUNITY AN,Or:_f7F3MIff Memorandum hATNir,rr [, tlull.IVA1r,1'C; U��t^.!'t]Fl ��'hh7,l 1111111 1111)) 320 East McCarty Street o Jefferson City, Missouri 65101 Phone: (573) 634-6410 . Fax (573) 634-6562 • www.jeffcitymo.org Date: March 11, 2005 To: 'ferry Stephenson - I)m-chasiiig Agent, Finance From: Gene Williams, I'.E?.— I.ngiueuriiig Division Director Through: Matt Morasell, I'.h. - Deputy DirectO- for Public Works Ile: Emei-geney Standby Geuerato►• Replacement 11ro,ject No. 10321-0010, Bid No. 2212 Public Works has completeO a review of the bias opened at 1:30 I'M on March 10, 2005 for the above nowd project. As part of the review all the hills were tabulated to check 1111. 1111101 errors, and to Compare t►nit price quotes of the various contractors. Altalched to this memo 1s the tabulation of the five (5) bids that were received 11,r the project, Based on our review, we rcconm end acceptance of the hose hid from the loo' bidder Alelco hic., 2376 Statc Road MM, New Bloomfield, NIO 65063, The total base bid is $111,841,00 and Alternate A at$5,400.00. If you need any other infornultion please feel free to contact me al extension 547. Attachments: Ilid 'Tabulation Sllcel Original laid Submiltals C: Rich Mays I'at Sullivan I^1('I'I'1'•PRO.IEC"I'Stlu3:l -Emergency Genvnitor[It oicev con rspnndrncr'I'uicIimitip Menw,lm JEFFERSON CI'1TV POLICE DEPARTMENT To: Terry Stephenson, Purchasing Agent From: Roger A. Schroeder, Chief of Police, Subject: Emergency Standby Generator RepI iment Project No. 10321-0010 Date: March 11, 2005 After reviewing the low bid proposal by Alelco, Inc., for the Emergency Standby Generator Replacement Project for the Police Department, I recommend Alelco's proposal for a Cummins Diesel be accepted. This fulfills the initial specification requirement of a Cummins or Detroit Diesel power plant. Alelco's alternate bid of a Kohler power plant is not acceptable. The original specifications were developed after reviewing existing emergency power systems in other cities and discussion with repair facilities regarding the availability of repair parts and service. The Cummins diesel system is clearly the preferred system. • w 0 0 Page 1 CITY OF JEFFERSON Date:3-10-05 610 TABULATION Bid No.2212 EMERGENCY STANDBY GENERATOR REPLACEMENT PROJECT PROJECT NO.10321-0010 ALTERNATE A-Relastslation of Generator APPROX. ENGINEERS ESTIMATE Aleico Quality Sates S Services Schneider Electnc Richara A.Hcwwm EJectrc Meyer Eiecmc 52,90700 UNIT UNIT UNIT I ITEM NO. DESCRIPTION UNITS OUANTITY UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Fire Department 20 kW Generator Set LS 1 $30.00000 $30.000.00 $20.329 00 $20.329.00 $16.591.00 $16,591.00 $17,900.00 517.900.00 52222000 322,220.00 $20.220 W S2t1227 00 2 Police Department 350 kV!Generator Set LS 1 $110.00000 $110.00000 592,012.00 592.012.00 $98.49400 $98.45400 597.200.00 S97,20000 598,692.00 598.69200 5103,71700 5103.717 CC 2.01 Trade-in of Existing Police Station Generator LS 1 $000 (5500.00) (5500.00) (5500001 (550000) $0.00 50.00 $000 $0.00 tS50000i t550000) TOTAL BASE BID $140.000.00 1 $111,841,00 5114.585.00 $115.100.00 $120,41200 $123.437.00 %OVER/UNDER ENGINEER'S EST. -20.1%� -182% -17-8X -116:. -111% ALTERNATE A-Relastslation of Generator 3.00 Reinstaation of Existing Fire Department LS 1 ! $10.000 00 S10.00000 $5.400.00 55,400.00 $4.99200 $4.992.00+ S7,20000 57,200 00 52,907 00 52,90700 P,17800 54.173 co Generator I 1 TOTAL ALTERNATE A S10.Q00.00 35.d00.00 $4.99200 $7200.00 52.907.00 $4.17800 Alternate A-Accepted $10,00000 55,40000 54.99200 57206 00 52.907.00 Ss,773 00 TOTAL CONTRACT 1MTN ACCEPTED ALTERNATES $150.000.00 $117.241.00 S11119.577.00 5122,300.00 $123,819.00 $127,615.00 1 1 1 1 1 1 1 1 � r CONTRACT DOCUMENTS ti • �a ' �L,aITY OF JEFFERSON r r r r r F SPECIFICATIONS AND CONTRACT DOCUMENTS Project No. 10321-0010 Emergency Standby Generator r Replacement Project 1 i i � 1 1 1 1 rJefferson City Office of Purchasing Agent February, 2005 r , r 1 i TABLE OF CONTENTS • Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form ' 0 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 ' a Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification • Construction Contract ' 0 Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions • Attachments • Addendums ( If Any ) INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) • 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, March 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. 10321-0010, Emergency Standby Generator Replacement Project" will include the furnishing of all material, labor, and equipment to remove generators at two (2) separate locations and replacement with two (2) new generators, and the construction of other electrical improvements in accordance with the enclosed specifications. A pre-bid conference will be held at 10:00 AM, on Wednesday, March 2, 2005 at the Police Department, 401 Monroe 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 Community Development Department, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Fifteen ($15.00) will be required for each set of plans and specifications. ' 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 Re�rW, n p ' Purchasing Agent Publication Date Sunday, February 20, 2005 • NOTICE TO BIDDERS ® Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, March 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. 10321-0010, Emergency ' Standby Generator Replacement Project" will include the furnishing of all material, labor, and equipment to remove generators at two (2) separate locations and replacement with two (2) new generators, and the construction of other electrical improvements in accordance with the enclosed specifications. A pre-bid conference will be held at 10:00 AM, on Wednesday, March 2, 2005 at the Police Department, 401 Monroe 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 Community Development Department, 320 East McCarty Street, Jefferson City, ' Missouri. A non-refundable deposit of Fifteen ($15.00) will be required for each set of plans and specifications. 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 ' Terry Stephenson Purchasing Agent INFORMATION FOR BIDDERS I113-1 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. 10321-0010, Emergency Standby Generator Replacement Project" in accordance with the plans and specifications on file with the Office of the Purchasing Agent. The proposed work for this project will include the furnishing of all material, labor, and equipment to remove existing generators at two(2)separate locations and replacement with two (2) new emergency standby generators, and the construction of other electrical improvements in accordance with the enclosed specifications. I113-2 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. I113-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I113-4 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. IB-6 BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. I13-7 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. I13-8 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. I13-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only, Payment of the Contract will be based on actual number of units installed on the complete work. !i1 111340 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 10321-0010, Emergency Standby Generator Replacement Project". 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. 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. ONo bids received after the time set for opening for bids will be considered. ® IB-14 RIGHT TO REJECT BIDS The City reserve the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. IB-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 rA 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. • IB-17 INDEMNIFICATION AND INSURA14CE �7 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 tdiscriminate 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 arnended. (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, pails, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. ' The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. ' If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the ' City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. 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 150 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. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and ' documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows; Purchasing Agent City of Jefferson, MO ' 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 iEND OF INFORMATION FOR BIDDERS e t • BID FARM Name of Bidder Alelco Inc.__ Address of Bidder 237ti state Road MM New Bloo fie d M(7 65Q63 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 1 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 worts; (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 deliveryfacilities;and(1)all otherfactors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials,supplies, equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in ' the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or ' decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: i CITY OF JEFFERSON ITEMIZED BID FORM EMERGENCY STANDBY GENERATOR PROJECT Project No. 10321-0010 ITEM DESCRIPTION UNITS EXT. NO, AMOUNT 1.00 Fire Department 20 kW Generator Set Lump Sum $20,329.00 Please list manufacturer of generator set,and Include engine make and model,generator make and model,and supplier: Cummins 60hz-20K TOTAL BASE BID A 2.00 Police Department 360 kW Generator Set Lump Sum $92,012.00 2.01 Trade-In of existing police station generator Lump minus (Kohler 60kW Model#60RH0271) Sum 500.00 -b Please list manufacturer of generator set,and include engine Cummins make and model,generator make and model,and supplier: 60hz 35OKW TOTAL BASE BID B f Item 2.00 minus Item 2.01) 3.00 ALTERNATE BID ITEM Lump $5,400.00 Reinstallation of Existing Fire Department Sum Generator Set at 1005 Fairgrounds Road (Fire Station No. 5) i i . 1 SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. Concrete Engineering 241 Indian Meadow Drive Jefferson City, MO 65101 r Ryan Wilbers Masonry 622 Michigan Street Jefferson City, MO 65109 Kenny's Electric Jefferson City, MO 65109 TIME OF COMPLETION The undersigned hereby agrees to complete the project within 150 calendar days, subject to the stipulations of the regulations of the Contract and the Special tProvisions. 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. eIf 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. telearaphed. or delivered: Alelco Inc. 2376 State Road MM New Bloomfield, MO 65063 _ 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. rAttached hereto is a Bid Bond for the sum of 5% of contract _ ($ 5,850.00 _ ) ' Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: rIt an individual, , doing business as If a partnership, , member of firm. by If corporation, Alelco Inc. by Charles Baysinger Title Vice President SEAL ® Business Address of Bidder 2376 State Road MM New Bloomfield MO 65063 If Bidder is a corporation, supply the following information: State in which incorporated Missouri Name and Address of its: President Eric Coil 2376 State Road MM New Bloomfield, MO 65063 Secretary Eric Coil ' 2376 State Road MM New Bloomfield, MO 65063 Date_ March 10, 2005 .� 1 ID BOND KNOW ALL MEN BY THESE PRESENTS, that we,the undersigned, Alelco, Inc, as Principal, and United Fire & Casual.ty Comoanv as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of 5% of the_ bj�j _ --for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this 10th day of March 200 5_. The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled: "Project No, 10321-0010, Emergency Standby Generator Replacement Project" NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and Its bond shall be in no way Impaired or affected by the extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereupto set their hands and seals, and such of them as are corporations have caused thei corrate seals to be hereto affixed and these presents to be signed by their prop r.of is rs, the day.and year first set forth above. ( `" fl ip Alelco, 1.nFC. p _. Fly: ,REAL United Fire and C''asualty Company Surety s r UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) OKNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Ceder Rapids, State of Iowa, does make, constitute and appoint J. DUDLEY TRICE, OR GARY E. GROSSNICKLE , OR CHARLES W. DIGGES OR . , OR DOROTHY D . DURNIL, OR KIMBERLY A . HUGHES , ALL INDIVIDUALLY . of P 0 BOX 7407 COLUMBIA MO 65205 Its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows ANY AND ALL BONDS and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extant as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire AUGUST 5th 2004 unless t,00ner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company on Anril 18, 1973. "Article V - Surety Bonds and Undertakings." Section 2, Appointment of Allornoy-in•Fact. "The President or any Vice President, or any Omar officer tit tilt. Company may, train Ilme In inne, appoint by written certificates ottornoys•in•fact In act m behalf of the Company In the nxncution of pnhmps of insurance, bonds, undprinkings anti other obligatory Inslrumonls of like nature.Thu signature or any officer nulhrrized hereby,nno the CorporaIv snn,may be affixed by fnrsimllp to any power of attorney or special power of artornny or cerllhctrtion of either auti,orIzed heinby:such slgnaluro and seal,when so usod, being adopted by the Company as the original signature al such officer and the orlginni seal of the Company•to be valid and bmchnq upon the Company with thu same force and affect as though manuofly affixed.Such atlorneys-In-tact,subloct to the flrnitnllans set lurch in their respective corlificalos of authority shall ' have full power to bind the Company by their signature and execution of tiny such, instrumnnis and to affect.tilt-seal of the Company themlc IN President or any Vice.President,tile.Board of Directors or any other officer of the Company may at mry limo invoke ail power and authority previously given to any attornay-In-fact. ® IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents Ndrrtie'�� to be signed by its vice president and its corporate seal to be hereto affixed this �,► ljt" 5th day of AUGUST A.D. 2002 Ci0ltGlATE BILL UNITED FIRE & CASUALTY COMPANY �>rAL B % 4 State of Iowa, County of Linn, ss: Vice President On this 5th day of AUGUST 2002, before me personally carne to me known, who being by me duly sworn, die depose and say: that he resides in Canar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described In and which executed the above instrument; that he knows the seal of said corporation; that the sea affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and,thak he signed his name thereto puts c authorityI WA acknowle les same to be the act ,id deed of said corporation. I - -"'"toy NA-f-1 f WADDELL ` � �AL)6_lt C/ c014MISSI0N NUMBER 713274 \, Notary Public MY COMMISSION PIRES • owe My commission expires 20 ' CERTIFICATION I, the undersigned officer of the UNITED FI13E & CASUALTY COMPANY, do hereby certdfv that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of (tie by-laws of said Company as set forth in said ' Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said origlnais, and that the said Power of Attorney has not been revoked and is now in full force and effect. derpq�� In testimony whereof I have hereunto subscribed my name and affix .d to corporate s I o he said Company this 1.0 day of March 20 0 i 4 'A"0 AT BILL 1c ar,"',!M Secretary ANTI-COLLUSION STATEMENT STATE OF Missouri ) ' COUNTY OF Callaway j tCharles Baysinger _ being first duly sworn, deposes and says that he is VP _ of TITLE OF PERSON SIGNING Alelco Inc. NAME OF BIDDER that all statements rnade 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)_Charles Baysingcr (BY)__ Sworn to before me this 10th day of March __. 200 5 ..___ TAMAHA S. SWOPE Notary Public_Notary Seal STATE OF MISSOURI N T PU IC County of Colo My Comminmon Expirnn Aug. I b,200b My commission expires: r O C O FF T „NTRA I R S�+ IQAV I This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. r STATE OF Missouri COUNTY OF Callaway ) ss) 1 The undersigned, Charles Baysinger , of lawful age, being first duly swam states upon oath that he is Vice President _ _ of Alelco Inc. the contractor submitting the attached bid, that he knows of his own knowledge and states It to be a fact that neither said bid nor the computation upon which It is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. 1 AFFIANT Subscribed and sworn to before me, a Notary Public, in and fVN —RY— nty and State aforesaid, this _ 10th day of .M,ac 2 TAMAHA S SWOPE. Notary Public Notary Son (STATE OF MISSOURIFAUBLIC County of Colo My COmml/Ohn Expires Aug. i b,7005 M Y Commission Expires: 1 r . r r MI Q1RI'Di! BO NES$. 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. MINORITY BIJSIN.ESS WILIZATION 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 rnanagement and daily business operations are controlled by one or more such Individuals. "Minority Group Member" or "Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless ® of race); 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically ' and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.G. 637(a)]. e6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors, subcontractors, or suppliers. B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of pf Minority Firms Parfici a Ion Participa for Total Bid Amount:..._. —_._ Total: ' 0.00 Percentage of Minority Enterprise Participation: 0 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. 'rhe 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 1 forth. Charles f ysinger NAME 09-1AUTHO D OFFICER ' DATE 3-10-05 SIGNATURE OF AUTHORIZED OFFICER AFFID"IT r COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of State of . personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 11, Section ' 026, Cole County in carrying out the contract and work in connection with Project No. 62014, Emergency Response Building Project located at Jefferson City in Cole County, Missouri, and completed on the day of —.—, 20—. SIGNATURE Subscribed and sworn to me this day of 20 NOTARY PUBLIC My commission expires: STATE OF MISSOURI ) ss ' COUNTY OF _� ) ® Missoun Division of Labor Standards WAGE AND HOUR SECTION ,• , ' ,1 •rye • 7 • y��� p •�7��r I,`t� (y 1 BOB HOLDEN, Governor ® Wage Annual Order No• 1 I 1 Section 026 COLE COUNTY In accordance with Section 290,262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been 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 6 CSR 20-5.0100). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. 1 RECEIVED & FILED C�Ileen A. White, Director MAR 1 0 2004 Division of Labor Standards File d W i th Secretary of State: SECRETARY OF STATE COMMISSIONS DIVISION APR Q 9 2(04 Last Date Objections May Be, Idled: Prepared by Missouri Department of Labor and Industrial Relations 1 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County MG c FIV e $SIC vor= OCCUPAT ZONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker $27.08 55 60 $11.27 Boilermaker `1105 $27.69 57 7 $16.42 Brickla ers-Stone Mason $24.85 59 7 _ $7.75 .Carpenter $19.78 60 �- --15 $8.36 -- Cement Mason -N - $1816 _._ 9 3 $9.60 Electrician Inside Wreman $25.11 28 7 $9.51 + 13% Communication Technician _ US_C ELECTRICIAN INSIDE WIREMAN) RATE Elevator Constructor ^1/05 a $34.065 �2.6 54 $13.241 ,Operating Engineer _ __._. _..V Group 1 5/04 $23.37 86 66 $13.80 Group II �5/04� $2137 86 66 _ $13.80 Group III --- - 5104 - --- $22.12 -- 86 66 _ Group III-A -- 5/04 - $23.37 86 66 _- $13.80 Group IV 5/04 J $24.07 M 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 Buildin : _ _ General _ $16.72 110 7 $7.58 First Semi-Skilled $18.72 _ 110 7 $7.58 Second Semi-Skilled _$17.72 110 7 $7.58 Lather _USE CARPENTER RATE Linoleum Layer& Cutter -- USE CARPENTER RATE • ' Marble Mason $24.85 59 7 $7.75 Millwright _ _!$20.78 60 15 - $8.36 Iron Worker 8/0_4 $22.48 V 11 �^ 8 $13.76 Painter �- _$19.19 18 7 _ $5.58 Plasterer _ $17.32--- 94 5 $9.35 Plumber 7104 _ b $30.0_0 91 69 $14.68 Pile Driver --�-- -_ - $20.78 60 15 $8.36 - Roofer _9104 $24.25 12 4 $8.31 Sheet Metal Worker _ _ 7104 $23.74 40 23 $9.46 Sprinkler Fitter ~ _ 4/04 v $27.09 - 33 19_ $11.95 Terrazzo Worker _ _ ---- -- -$24.85 59 --- 7 $7.75 Tile Setter $24.85 59 7 $7.75 Truck Driver-Teamster _ Group I �i _-- -- $19.95 101 5 $5.75 9rou $20._65 - 101 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 appiopriate wage rate and fringe benefits contact the Division ' of Labor Standards at(573) 751-3403 "Annual Incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 11 1/05 ' Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes ec Ive --Basic Ever- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Ratos 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 listod In Heavy Construction Shoots,use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years-8%: Employees under 5 years-6% 'b- All work over$3.5 Million Total Mechanical Contract-$30.00,Fringes-S 14.88 All work under$3.5 Million Total Mechanical Contract-$28.68,Fringes-$11.83 • 'Annual Incremental Increase ANNUAL WAGE ORDER NO 11 7/04 III III.I11N(; CON'STRI!( 1 ION FED: Minimum requirement per Fair Labor Standards Act rncans time and unc-half(I ':) shall he paid for all work in excess of lorty 1.10) hours per work week. r NO. 9: Nleans the regular workday starting little of 9:00 a.m. rand resttllinp quitting tittle 44:30 p.nt.l may bc moved forward to 6:00 a.m. or delayed une hour to ():110 a,nt, All work lrcrli,rmed in excess of'thc regular work day and on , Saturday shall be compensated at one and one-hall'( P:)times the rcutilar pit}. ht the event tine• is lost during the work week due to weather conditions,the I,ntployer oar} srhalulc work uu the li�llowinp Saturday at straight tints. All work accomplished on Sunday and holidays shall he cotnpcnsatc(l fill at double the regular rate of wages. The work week shall he Monday through Frida),cxccpt for mid%wek holida}s. ' NO. 11: Means eight(8)hours shall constitute a da}'s mitk,with the starting time to be established between 7.00 a.m. and 8:00 a.m. front Monday to Friday. 'I iutc and one-half I I'.:1 shall he paid for first two (2) hours of overtime Mondav through Friday and the first c1f1111 18) hours on Saturday. ,\II other overtime hours Monday through Saturday shall be paid at double (2)time rate. I hnrblc ('_')tiros shrill be paid lit•all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week Shall cotturtcncc on Monde\ at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. :\II work performed b} emplo}ccs anywhere in excess of Forty (40) hours in one (I) work week, shall be paid gin• at the rate of ()tic and onc-ball'( P ,) tittles the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work clay except in emergency situations. Overtime work and Saurrda} work shall he paid at one and unc-half'(I'.:) times the regular hourly rate. Work on recognized holidays and Sunday's shall he paid at two(`_')limes the regular hourh rate. NO. 18: Means the regular work day shall he eight (S) hours. Wor•kinp hours are from six (6) hours before Noon (12:00)to six(6) hours after Noon(12:0(1). The regular work week shall he lorry (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending hetween 1:00 pmt.and 6:00 p.m.on Friday. Saturday will he paid at time and one-half(1!%i). Sunday and Ilolidays shall he paid at double (2) time. Saturda} can he a make-up clay if the , weather has forced❑day oil.but only in file week of the day heintc lost. Anv time belore six(6)hours before Noon or six(6)hours after Noon will be paid at tints and une-half( I'z). NO. 26: Means that the regular working dm shall consist of eight(S)hours worked hetween 6:00 a.m.,and 5:00 p.m.. , five (5) days per week. Monday to Friday, inclusive. I lours ol'work at each jobsite shall be those established by the general contractor and worked h} the majority of 0ades. ( I he aholc working hours may be changed by mutual agreement). Work performed on (•onstruction Work on SaOrrda}s. Sundays and before and after the regular working clay on Monday to Friday, inclusive, shall he classilied as overtime, and paid for at double (2) the rate of single time. The employer may establish hours worked oil a iobsite fir a firm (4) ten (10)hour day work week at straight time pay for construction work: the regular lvorklng-day Shull consist of'ten(10)hours worked consecutively,between 6:00 a.m. and 6:00 p.m., four (4) clays per \\eck. �londa} to Ihursda}, ntclusivc. :Ut} work performed on Friday, Saturday, Sunday and holidays. and belore and abet the regular workinu day on Monday to Thursday where a lour(4) ten (10) hour day workweek has been established, will be pail at two times (2)the single time rate ofpa}. The rate of pay for all work perlormed on holidays shall he at mo timcL;(2)the single time rate of pa}. e ANNI'A1, N'A(;I, 0It1)F"It N0. 11 ' A\U 11 026 01 (to,: 11ai)cc I nl•I I'aEcs COLE' COUNTY OVER'i'INIE, SCHEDULE' BUILDING CONSTRUCTION NO.28: Meads 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,sha11 constitute.r work week, The Employer has the option fora workday/workweek of four(4)ten(10)hour days(4-10's)provided: -The project must he for a minim mt of Imir(4)consecutive days. -Starting time may be within one(I)hour either side of 8:00 a.m. -Work week must begin on either n Monday or Tuesday: If a holiday falls within that week it shall be it consecutive work day. (Alternate: II'a holiday falls ill the middle of a week, then the regular eight (8) hour schedule may be implemented). -Any time worked in excess of any ten(10) hour work day(in a 4-10 hour work week)shall be at the appropriate overtime rate. All work outside ol'the regular working hours as provided. Monday through Saturday. shall be paid at one K one-half' (I%2)times the employee's regular rate of•pay. All work peribmied from 12:00 a.m.Sunday through 8:00 a.m. iMonday find recognized holidays shall he paid at double(2)the straight time hourly rate of pay. Should employees work in excess of twelve(12)consecutive hours they shall lie paid double time(2\) for all time after twelve(12)hours, Shill work performed between the hours of 4:3(►p.m.and 12:30 a.m.(second shill)shall receive eight(8)hours pay at the regular hourly rate of pay plus ten(10110)percent for scree and one-hall'(7'/)hours work. Shill work performed between the hours of 12:30 a.m.and 8:00 a.nl.(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 alter the completion ofa regular shift shall be paid at one and one-half(1!•i)times the shift hourly rate. NO.33: Means the standard work day shall b f f e eight (8)consecutive hours o work between the hours o 6:00 a,nl.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 al straight titre, Monday through Friday and need not be consecutive. All overtime. except firr ' Sundays and holidays shall be at the rate of time and one-half'(P/,). 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 Ihe_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,is early is 7:00 a.m.and ending is late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8) hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half*(1112) 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 he paid fit two(2)limes 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 mussed a day of work for personal or other reasons. Pay for"make-up"day s shall he;t regular rates. ' NO.55: Means the regular work day shall be eight (8)hours Between 6:00 a.m. and 4:30 p.m. The first two(2)hours of work perlorrned in excess of the eight (8l hour work dfn, ,\lond;p through Friday, in(] the first ten (10) hours of work on Saturday, shall he paid at one 's one-11,111'( 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 he paid at double (2) the ' straight time rate. NO. 57: Means eight (8) howl 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 he 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 Ihat 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(I!5)except in cases where work is part ofan 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\VAGE ORDER NO. I I r\w 1 1020 U'I'.di,c Page 2 nl'•1 I'nt;cs COLE ('01`\'f)' (W111;"TIN11',SCI1III"DI I E I111II,I)IN(; CONS'I'RUCI'I(1N NO, 59: Means that except as herein provided. cight (8) hour, it day shall constitute a standard work (l:t\, and (arty (40) hours per wcck shall constitute a week's work. Ali time lvorked outside ol•the standard eight 18) hour \vork .lay and on Saturday shall be classified a•a overtime and paid the rate of time and one-half'(1'.,1. All time wotked on Sunday and holidays shall he classified as overtime and paid at the rate ofdouhle QI time. The F:nlployer has the option of working either five. (5) eight hour days or four (4) tell hour days to constitute a normal li)rty (40) hour work wcck When the four(4) ten-hour work week is in ef•tect, the standard work day shall he consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:110 i•nl. Forty 00 hours per wcck shall constitute a weeks work, klonday through 'Thursday, inclusive. In the event the.joh is down fin•any reason beyond the Employer's control, then Friday and/or Saturday may. at ale option Ill ale Employer. be worked as a make-up day: straight (Illhc not to exceed tell (I0) e hours or forty(40) hours per week. When the live day (8) hour work week is in effect, filmy (40)hours per week shall constitute a week's work. Monday through Friday, inclusive. In 11(: event thhc joh is down for any reason heyond file E'mployer's control,then Sahtrday may,at the option of the F,nlployer, he worked as it make-up day;straight tittle not to exceed eight (8) hours or forty (40) hours per week. The regular startin'u lime (and resulting quitting tittle) may he , moved to 6:00 a.m.or delayed to 9:00 a.m. Make-up days shall not be utilized fur days lost due to holidays. NO.60: Means the Employer shall have file option of•\vorkini' live 8-hour days or finer I0-hour days Monday through 1 Friday. If an Employer elects to work five 8-hour days during any work week, hours worked more than eight 18) per day or forty (40) per week shall he paid at time and one-hall(1'-:) (lie hourly wage rate plus fringe hcncfits Mon dos through Friday, SATURDAY Ivl?\Kl:-I!I' DAY Kan Employer is prevented from working forty(40)hours, .Monday through Friday.or any part thereof by reason of inclement weather(rain or much. Saturday or any part thereof may he worked is a make-up day at file straight tittle rate•. It is agreed by the parties that the make-up clay is not to he used to make up tine lost clue to recognized holidays. II an Fillployer elects to work lour I()-hour days, between the hours of 6:30 a.m. and 6:30 p.m. in any week. work perfirrme•d more than tell (101 hours per day or lorty (40) hours per week shall he paid at time and one half( I',) the hourly wage rate plus fringe hcncfits Monday through I�ridal. II' all Employer is working 10-hour clays ill((loses a clay due to inclement weather,tile Employer nuly work ten(10)hours on Friday at straight time. Friday must he scheduled for no more than ten (101 hours at the straight time rate, hilt all hours worked over the forty (40) hours Monday through Friday will he paid at time and one-half'(I'.'z) the hourly wage rate plus fringe benefits. All Millwright w'(rrk perlormed in excess oti the regular work clay and on Saturday shall he ' compensated For at time and one-half (I'-z) the regular Millwright hourly wage rate plus 11-inge hcncfits, '['lie regular work day starting of 8:00 a.m. (and resulting quitting time of*4:30 p.m.) nim he moved forward to 6:00 a.nl•or delayed one(1)hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or clays observed as recognized holidays, shall be compensated firr at double (2) the regular hourll rate of wages plus fringe benefits. NOTE: All overtime is compared on the hourly wage rate plus an amount equal to the fringe hcncfits. NO. 86: Means the regular work \veek shall consist of five(5) clays. %londay through Fri(lay, heginning at 8.00 aml• and ending at 4:30 p.nl. 'Tile regular work day beginning time may he advanced one or two hours or delayed by one hour. All overtime wohk performed oil \Ionday through Saturda\ shall he paid at tittle and onc•hall (I'A of the hourly rate plus all amount equal to one-hall(':) of' the hourly Total Indicated I•ringe licncfils. All work performed on Sundays and recognized holidays shall he paid at double (2) the hourl rate plus alit amount equal to the hour)\ Indicated Fringe Benefits. NO. 91: I Bans eight (8) hours shall constitute it day's work commencing at S:00 a.m. and ending at 4:30 p.m., allowing one-half(1'2) hour firr lunch. The option exists fin the Employer to use a flexible starting tittle 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 (51 work days, Monday through Frlda\. The work wcck may consist ill'four(4) left (10) hour days From fytonday through'Thursday, with Friday its it make-up day. II'Ihc make-up clay is a holiday, the anployee shall he paid al the double (2) little rate. ' The employees shall be paid tittle and one-hall'(I'..1 for wank pct•lixmcd helore the re"ular starting tine or after the regular quitting tittle or over eight(8) hours per work day I uldess working a 10-hour work (dat\. then time and one-half (I ii) is paid for work performed over tell (10) hours a day) or over forty 00) hours per \kork week. Work performed on Saturdays,Sundays and recognized holiday s shall be paid at the double Q)little rate of pay. , • ANNFAI. 11'ACI: ORDFIR N"O. I I r A\1'11 U?o U'I'.dnc I'alr i ul•l I'.yr+ COLE COUNT(' ON'I;RTINIE,SCULDULE BUILDING CONSTRUCTION NO. 94: Means eight(8)hours shall constitute it days work between the(tours o1'8:00 a.m.and 5:00 p.m. The regular workday starting time of 8:00 a.m. (and resulting quilling time of 4:30 p.m.) may be moved forward to 6:00 ami, or delayed one (1) hour to 9:00 a.m. All work petfixnted in excess of the. regular work day and on Saturday shall be compensated at one and one-half'(11/2) times the regular pay. In the event time is lost during the work week due to weather conditions, the 1?ntployer may schedule work (in the Ii)llowing Saturday at straight time. All work accomplished on Sunday and holidays shall he compensated at double the regular rate of wages. NO. 101: Means that except as provided helow,eight(8)hours it day shall constitute a standard work day.and fort),(40) ' hours per week shall constitute a%week's work,which shall begin on i1-londay and end on Friday. All time worked outside of the standard work (fit), and on Saturday shall be classified as overtime and paid the rate of time and one-half(P/i) (except its herein provided). All time worked on Sunday and recognized holidays shall be classified Its overtime and paid at die rate of double (2) time. The regular starting time of 8:00 aml. (and resulting; quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m.or delayed one(I)hour to 9:00 a.m. The Finployer has the option of'working either five(5) eight-hour days or four(4)ten-hour days to constitute it tlonnal Corty(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 hetween the hours of 6:3(.1 a.m, and 6:30 p.m. Forty (40) hours per week shall constitute a week's wort: Monday through Thursday, inclusive. In the event the job is down for any reason beyond the F.niploycr's control,then Friday and/or Saturday may,at the option of the Employer, be worked its it make-up(Ill),: straight time not to exceed ten ( 10)hours per day or tarty(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 f:mplover's control, then Saturday may, at the option of(lie Employer, be worked its a make-up day,' straight time not to exceed eight (8)hours per day or Ibily(40)hours per week, Make-up days shill not he 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 (I) or two (2) hours. Employees shall have it lunch period of thirty (30) minutes. The • Employer may provide a lunch period of one(I)hour,and in that event,the workday shall commence at 8:00 a.m.and end at 5:00 p.m. The workweek shall continence at 8:00 am). on NiondaN and shall end at 4:30 p.m.on Friday(or 5:00 p.m.on Friday if the I"mploycr grants a lunch period of one (I)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 (I)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 (1'/) times the regular hourly rate of pay for the work performed. All work perforated on Sunday and on recognized holidays shall he compensated at double(2)the regular hourly rate of pay fix the work performed. If an 1mployer is prevented front working, forty(40)hours, tvlonday 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 U.niployer shall have the option of working live eight (8)hour days or four tell (10) hour days Monday through Friday. Ifan Employer elects to work five(5)eight(8) hour days during illy work week, hours worked more than eight(8)per day or lorty(40)hours per week shall be paid at time and one-half'(112)the hourly rate Monday through Friday. Ifan f:nlployer elects to work 1;6111•(4)ten (10)hour days rat any week, work performed more than ten(10)hours per day or fiJrty(4(I)hours per week shall he paid al time and one-half(1!:)the hourly rate Monday through Friday. Ifan Employer is working ten(10)hour days and loses,I day due to inclement weather,thq may work ten(10) hours Friday at straight (irate. Friday most be scheduled for at least eight (8)hours and no more than tell (10) hours at the straight time rite, but all hours worked over the luny (40) hours Moilday through Friday will be paid at time and one-half(I PA)overtine rate. NO. 122: Means forty (40) hours between Monday and Fridley shall constitute the normal work week. Work shall be scheduled between the hours of 6:00 a.m. and (0'0 p.m.. �wilh one-hall'hour for lunch. Work in excess of eight (8) hours per day and forty (40) hours per week, and tin Saturdays, shall be paid at the rate of one Iuud one-half times the normal rate. flue to inclement weather during the week, Saturday shall he a voluntary stake up day. • ANhVAL NVAGL OItUEIt NO, I t MV II I O26 CJ f.Juc I'agc d tit'.I I'nrrti ('()1,F, C()1115TY I101,ll)A1' ti('flh:i)111,1; It1111,1)iN(► ('(liSS'f'ftl i("f'fOh NO. 3: All work done on Nc\y 1)a\. Decoration 0ay. .1111\ 4111. Labor Da\. Veterul',, Da\. I hanksr,iwing Day and Christmas Dad shall be paid at file double time rate of pad. 1'\ hrncvcr an\ "llch hofida\s fall on a Sunday, the ("'plowing N,-Ionda\ shall he '\bseryed as a ho)ida\ . NO. 4: All work done on Nc\\ fear',, Da\. Memorial I)a\. independence Day. I.ahol• I Da). 'I hanksgiwing and Christmas Day shall he paid at the double time rate Ifany of the ahowe holidays 1"'111 on Sunda\. Monday will be observed as the recognized holid;ly, Ifan\ ofthc ahovc holiday~ 1;111 on Saturday. I1riday will he ohservcd as the recognize(] holiday. NO. 5: All work that shall be dune on Nc\w t'ear's Da\, ly cmoi-ial Day. Fourth ul•.luly. Labor Da\, Veteran's Day, Thanksgiving Day. and Chrisunas Day shall be paid at the double (2) lime rate of pay. NO. 7: All work dune on Ne\\ t'zar's Day. Memorial Day, Independence I MN. Labor Day. Veteran's Da\. Thanksgiving Day, and Christmas Da\ shall he pairl 'It the douhlc time rate ofpm. Ifa holidav Ialls oil a Sunday. it shall lie observed on the Monda\. II'a holiday laps on a Satrn•da\. it ~hall be ohscrved on the preceding Friday. NO. S: All wort: perfkrrmed on Ne\\ Year's Day. Memorial Day. Independence Da\, Labor- Da\, Veteran's Day, Thanksgiving Day, and Christmas I),I\. or the da\s observed in lieu ohliese holid;l\s, shall he paid at the double time rate of pay. NO. 15: All work accomplished on the rccogniicd holidays ol•Ne\\ Yew's Dm. Decoration Day (Memorial Day). Independence Day(Fourth of'.lulv), Labor Day. Veteran's Dm. I'hanksgi\ing Dm and Christmas Da\'. or•days observed as these named holidays. shall he compensatcd fur at double (2) the regular hourly rate of*wages plus fringe benefits. If a holiday falls on Saturda,\. it shall he observed on the preceding l�riday. If a holiday falls on a Sunday, it shall be observed on the (ollo\\ing Monday, NO work shall he performed on f.ahur Day. Christmas Day, Decoration Day or Independence Day except to Irreser\c lily or property. NO. 19: All work clone on New Year's Day. Memorial I)a\. .1tik-Ith. Lahor Day. Thanksgiving, Day. and ' Christmas Day shall be paid at the double time rate of'pay. 'I he employee rna\ take ol•f l-'riday lollowing Thanksgiving Day. However. the employee shall notify his or her Foreman. Ciencral Foreman or Superintendent on the Wednesday precedint, Thanksgiving Day. When one of•thc aho\e holidays falls oil Sunday, the following Monday shall be considered the holiday and all work perfurnled oil said de(\ shall he at the double (2) time rate. When one of the holidays falls on Saturda\, the preceding I:Hdaw shall be considered the holiday and all work perfbrmcd on said day shall be at the double (2) tlrlle rate. NO. 23: All work done on Ne\\ Year's Day. NIC111orial Da\. Independence Dm. Labor I)n\. VCtCI•iln's Day. , Thanksgiving Day, C'hristnlm Day and Sunday,, shall he reco- nii.cd hulida\ti uncl shall he p,li\I at the double lisle rate of pay. When a holida\ falls on Sundcly. the l611M\ins., N,Iirn(la\ s11a11 he eOnsidcrcd a holida\. NO. 54: All work pm-formed on Ne\\ Yca►•'s Da\. Memorial Da\, Independcilce Da\. Labor Day. Veteran's Day, Thanksgiving Day. the Friday atier "I hanlagi\in" I)a\. ;.old ('hristnuls Da\ shall he paid at the double (2) time rate ol'pay. When a holiday falls on Saturday. it Shull be 01)ser\e(1 on Frida\. \1'hen a holiday falls on Sunda\, it shall he observed on Monday. 1 AWO 11 026 htk kim ANNI"Al \\Mil spiel h Nil I I Paps, 1 4)1 211,tjw� ' COLE CMINTY HOLIDAY SC'I1FI)I If, ?-- III 11LI)ING CONSTRIIC1'ION NO. 60: All work perlornted on New )'car's Day, Armistice Day (Veteran's Day), Decoration Day (fvleniorial Day), Independence Day (Fourth ol'.Ittly), "Thanksgiving Day and Christmas Day shall be paid at the double time rate of'pay. No work shall be perfi0rmed on labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will he 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 e New Year's Day, Decoration Day, Fourtih of'.luly, Labor Day. Veteran's Day, 'Thanksgiving Day and C;hristrnas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benerrts. Whenever any such holidays fall on a Sunday, the following. Monday shall be observed as a holiday. NO. 69: All work performed on New )'car's Day, Decoration Day..luly Fourth, Labor Day. Veteran's Day, Thanksgiving Day or Christmas Day shall be con►pensated at double(2) their straight-time hourly rate of pay. Friday after Thanksgiving and the day bc(N-c Christmas will also be holidays, but ifthe employer chooses to work these days, the employee will be paid at straight -time rate ol'pay. Ifa 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 alier'T'hanksgiving. Christmas t 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 026hdy.doc ANNUALWA01-ORDI R No I I Page 201'21'ugs Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County Effective 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 11 5104 $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 1 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 NO. 11 7/04 • t ('01,1? ('OIINTN' OVI?ICHM1": SC11F,1)ULE - Ill?AVl' (.'OIVS'1'12111"PION NO. 2: Means a regular work week of'torly (40) hours will ~tart on Monday and cnd on Friday. Tile regular wore: day shall be either eight (5) or ten (10) hours. I fa crew is prevented from working, Corty (40) hours Monday through I'riday, or any part thereof. by reason of inclement weather. Saturday or any part thereof play be worked as a make-up day at the straight time rate to complete lilrty (40) hours o('work in a week. Employees who are part of a regular crew on n make-up day. notwithstanding the fact that they play not have been employed the entire week, shall work Saturday at the straight time rate. 'Tinge 'C, orle-half(1'/2) shall be paid for all hours in excess ofeight (8) hours per day (ifworking 5-8's) or tell ( 10) hours per day (it'working 4- 10's), or forty (40) hours per week, Monday through I-rida). Vor all tinge worked on Saturday (unless Saturday or any portion of said day is worked as nulke-up to complete forty hours), time and one-half,(I ''/) shall be paid. For all time worked on Sunday and recognized holidays. double (2) time shall he paid. ' NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the l:nlployer 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 he at the ovcrtinic fate of*one uld one-half (111-2) tulles the regular hourly rate. The regular work day shall be eithc►• eight (8) or ten ( 10) horns. 11'a Joh can't work forty (40) hours Monday through Friday because of'inclement weather or other conditions bevond the control of the I nlployer, Friday or Saturday may be worked as a make-up day at straight tine (il'working 4-10's). Saturday may he worked as a make-up day at straight time (il'working -8's). Makc-up days shall not be utilized for days lost from holidays. Except as worked as a make-up day, time on Saturday shall he worked at one and one-half'(P/z) times the regular rate. Work perlornled on Sunday shall be paid at two (2) tinges the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the dauhle (2) time rate of'pay. NO. 21: Means the regular work wvicek shall consist offivc (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 5:00 a.m. and end at 4:30 p.m. However. the project starting time relay be advanced or delayed at the discretion ol'the l•:nlploycr. At the discretion of the Employer, when working a five (5) day eight (8) hour schedule. Saturday may I)e used IOr a make-up day. The employer may have the option to schedule his work front Monday through 'I'hursdi.ly at tell ( 10) hours per day at the straight tinge rate of pay with all hours in excess often ( 10) hours in any one day to he paid at the applicable overtime rate. lithe Employer elects to work irons Monday through Thursday and is stopped due to circu►nstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate ol'pay to complete his forty (40) hours per work \vicek. Overtime will be at one and onc-half( I ) times the rcglllar rate. lfworkmen are required to work the recognized holidays or days observed a, such. or Sundays, they shall receive double (2) the regular rate of pay for such work. NO. 22: Means a regular work week ol'forty (40) hours will start on N,londav and end on Friday. The regular work day shall be either eight(8) or ten ( 10) hours. I 1'a cre\\ is prevented from working forty (40) hours Monday through Friday, or all\- part therco( by r'cilsoll of inclement weather. Saturday or any part thereof may be worked as a make-up day in the straight time rate. I',nlployees who are part ofo regular crew on a make-up day, notwithstanding the fac► that tile\, nla\ not have hcen employed the entire week. shall wort: Saturday at the straight time rate. I:or all time worked on recognii.cd holidays. or days observed as such, double (2) tinge shall be paid. i A\V 11020 ol.doc AW�AI. WA(d.(lltl)FR NU. I I P,irc I of 11'npvs 1 COLE COUN'T'Y HOLIDAY SCHEDULE— HI?AVY CONS'1'Rt1C'I'ION 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 he observed. NO. 5: The following days are recognized as holidays: New Year's Day, �,lemorial Day, Fourth of.luly, Labor Day, Thanksgiving Day and C'hristrnas Day. Ifa holiday falls on a Sunday. it shall be observed on the following Monday. Ifa 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 ibr this eight (8) hours is to be paid the workman unless worked. I I'workmen are required to work the above recognized holidays or days observed as such, or Sundays, trey shall receive double (2) the regular rate ofpay fir such work. The above shall apply to the 1101.11• 10's Monday through Thursday Work week. •fhe 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.luly, Labor Day, Thanksgiving Day and Christmas Day. Ifa holiday falls on Sunday, it shall be observed on the following Monday. Ifa holiday falls rni 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. IfNvorkers are required to work the above recognized holidays or days observed as such, they shall receive double(2) the regular rate of pay 1101- such work. • , NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving nay and Christmas Day. if a holiday fhlls on a Sunday, it shall be observed on the following Monday. When a holiday (ally 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 Ibr this eight (8) hours is to be paid the workmen unless worked. If workmen arc required to work the above enumerated holidays, or days observed as such, they shall receive double (2) the regular rate of pay fir such work. AW 11 026 hvy hol,doc ANNt'AI. `\'AGI: 0RIA R NO. I I Page 1 or I Pages e ItEPL,AC EMENT PAG4 OUTSIDE I?I.UX71RICIAN These rates are to be used fill-the (ill lowing counties: Adair. Audrain, Boone, Callaway, Clumen, Carter. Chariton.Clark,Colc, Cooper, Crawfc+rd, DenL Franklin, Gasconade. I loward, I lowell. Iron, .Ieflcrson. Knox. Lewis. Lincoln, Linn, Macon, Maries, Marion, Miller. Moniteau. Monroe. Montgomery. Morgan, Oregon, Osage, Perry, Phelps, Pike, Pulaski, Putnam, Ralls, Randolph, Reynolds. Ripley, St. Charles, St. Francois. St. Louis City, St. Louis County, Ste. Ciencvieve, Schuyler. Scotland, 5hrtnncm. Shelb)', S11111VA11, Texas. Warren, and Washington COMMERCIAL WORK Occupational Title y � ` _Basicy _ — __Total lout-l\' Fringe Ratc Benefits _ *Journeyman Lineman + $28.96 _ T�T,$4.25 -+411.3 1,14) *Lineman Operator _.$25,93 _ _ $4.25 t 41.i'i,, *Groundman _ -- $20_5-' $4.25 -+ 41.3")/b UTILITY WORK ® Occupational Titic _ Busic v "Dotal Y Hourly tRate -. — l3cnclits v--- *Journeynlan Lineman _ 27.95 `4.2; 4- 37.3% *Lineman Operator $24.13 r $4.25 -+- 37.3% *Groundrnan $18.60 S4.225 +37.301b ' OVERTIME RATE: Fight(8)hours shall constitute a work clay between the noun:~of 7:00 a.m. and-1:_�0 p.m. Forty (40)holrrs within five(5)days. Monday through Friday inclusive,shall constitute tile. work week. Work performed in the 9th and 10111110111% Monday thr•ou�h Friday,shall he paid at time and one-half'(1!2) the regular straight time rate of pay. Contractor has the option to pay Iwo(2)hours per clay at the time and one-half(I';:)the regular straight time rate of'pay between the hours of 6:0(►a.m.and i:30 p.m.. Monday through Friday. Work perf'ornled outside the regularly scheduled workintt hours and nn Saturdays. Sundays and recognized legal holidays.or days celebrmuccl as such,shall he paid lbr at the rate of double(2)time. HOLIDAY RATE: All work perlormed on New Year's Day, Memorial Day, Fourth of.luly, Labor Day, Veteran's Day,Thanksgiving Day.Christmas Day•or clays celebrated as such,shall he paid at till double Indic rate of'pay. When one of the (ilregoing holidays lulls on sundae, it shall he celebrated on the following Monday. Annual Incremental Increase ANNUAL WAGF ORDFIA NO. I I BAH ou•r sr►-AW I t m t d„c AFFIDAVIT OF COMPLIANCE PUBLIC WORKS 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 �!I contract for Project No. 10321-0010, Emergency Standby Generator Replacement Project. 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 ) EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, �. , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as _.� _ , by 2. That _.� was awarded a public works contract for Project No. 10321-0010, Emergency Standby Generator Replacement Project. 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 1 since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT ' 'Subscribed and sworn to before me this _ day of __, 20 NOTARY PUBLIC N My Commission Expires: 1 APPROVED BY: ' Director of Community Development, City of Jefferson, MO • CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this _ day of _ , 2005, by and between Alelco Inc. hereinafter referred to a,, 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. 10321-0010, Emergency Standby Generator Replacement Project. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all labor,equipment, hardware and supplies to perform the work included in the project entitled "Emergency Standby Generator Replacement Project" in accordance with the plans and specifications on file with the Department of Community Development. 10 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 150 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. Prevalling 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 1 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 S 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 t accident or occurrence and $300,000 for any one person in a single accident or occurrence. c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. ' (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures ' or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor ' shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) S_ cope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by ' it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 5. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Lig_uidated 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 directly or indirectly employed by any of them or anyone forwhose 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, ' orotherwise reduce any other right orobligation 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 t contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in ' Section 144.002 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. P"ment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the; rates and/or amounts stated in the bid of Contractor dated ' March '10, 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 One ' Hundred Seventeen Thousand Two Hundred Forty-One Dollars($117,241.00). 13. Performance and Materialman's Bonds Required. ® Contractor shall provide a bond to the City before work is commenced, and no later than ten(10)days afterthe 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 forworkers 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. ® 16. Governing Law. ' The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Drawing and/or Sketches d. Notice to Bidders e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the isection 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 party. m23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 24. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 2376 State Road MM, New Bloomfield, MO 65063 . The date of delivery of any notice shall be the second full day after the day of its mailing. IN W}TNESS `HEREOF,the parties hereto have set their hands and seals this_ day of . 2005. CITY OF JEFFERSON CONTRACTOR Title: Vf ATTEST: ATTEST: i City Clerk I me: , i'A(AARA S. SmPE Notary Public Not Seal APPROVED AS TO F RM: STATE or Missot)PI County of Colo My f,'ommission Expiras Aup, 16.2006 City ounselor Q: e r PER F0RlVlANC.E,'.PAY'M'EN_T_.AN D .G LJAIRAINI T­E1 E..B4O1N'D KNOW ALL MEN BY THESE PRESEN*FS, that wo, tho undersigned Ale.Ico, Itic . haroirviltoi, roforrod to as "Contractor" and United 1,'Ire ca.,,inalty comj)imy a Corporation orgm)O)d undof iho, l,iw!-, of the State of OWLI and mithon/.od lo if) tho Shiite of Missouri. a,,; Surely, nio ImId and firmly hound Unto the City of Jeffersoll (AII-y' in the penal sum of t)" hundred �.evrmt-l'jl Hww;'11)d tww'hundit-d DOLLARS 117,241. .00 lawful monoy oI the Unilod of Amotica for the payment of which sum, well and truly to ho mado, wo hold our-,olvo-, mid otir hairs, executors, administrators, succossor,:;, and ae;sqiv�, jointly mid !;ovorally by tho'."o presents. THE CONDITION OF THE FOREGOING Of.1l.I("A'T10r-,jI 1,; f T1 IAJ ; WHEREAS, the above h0l,In(10(1 C,01 I I I i 1(11()1 ha I (,fl 11W "I lit day of March forfurnishing all materials, eClLIiPr11(_,NI-I1, and accessories, for the construction of (,ortiiiii impiovomlftlt�. do-!;Iqfwtod' dolinod and described in the said Contract and tho Comfilwfr.s '111(i III "Iccoldi.tllco will) the specifications and plans thorefore; it copy (,.)I 0milil(A ImIIIII idtachod horolo and made a part hereof: NOW THEREFORE, if the said Contractor shall and will, tit all 1),'irlicifliw, wall, (Itily rand faithfully observe, perform and abide by ouch and ovoty (:oVell'Int conrillioll, oild port of the said Contract, and the Conditions, Spocificollow.-i. Prov('11111)(1 Wago L'-Iw and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or Mits subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER, that if the said Contractorfails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of an act or omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate i it attorney-in-fact duly authorized thereunto so to do, at b seal to be hereunto affixed, y on this the Columbia, Missouri 22nd March 2Q_S_____• day of Ale 1 c��-•---. United Fire & casual tv Company -- CONTRACTOR SURETY COMPANY ��----'r� (SEAL) BY BY VEAL) BY (SEAL) B (State Representative) A ® h Attorney-in-fact's authority from the Surety Company (Accompany this bond wit certified to include the date of the bond.) • 1 ' UNITED FIRE & CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company- See Certification) &�OW ALL MEN BY THESE PRESENTS, That the UNITED FIRE &CASUALTY COMPANY, a corporation duly organized and existing der the laws of the State of Iowa, and having its principal office in Cedar Rapias, State of Iowa, does make, constitute and appoint J DUDLEY TFICE, OR GARY E. GROSSNICKLG, OR CHARLES W DIGGES JR, OR DOROTHY D DURNIL, OR KIMBERLY A HUGHES, ALL INDIVIDUALLY of COLUMBIA MO its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows: Any and All Bonds and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such Instruments were signed by the duly authorized officers of UNITED FIRE E CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on April 18, 1973. "Article V- Surety Bonds and Undertakings" Section 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. ,N IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by wu��0)� its vice president and its corporate seal to be hereto affixed this 8th day of June, 2004 k t.011D8d1E °--•�- UNITED FIRE &. CASUALTY COMPANY o li I L AT �. �"-+�•.�Gb Vice President State of Iowa, County of Linn, ss: By On 8th day of June, 2004, before me personally carne Randy A. Ramlo to me known, who being by me duly sworn, did depose and say; that fie resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that lie knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that tie signed his name thereto purs t to like authority, and ' acknowledges same to be the act and deed of said corporation. /) MARY A.JANSF3d Notary Public �Otdt,ti SiON NUMBER 7p13273 SSION My commission expires: 10/26/2004 ►�' �,1tr11 "'Z ) 1 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-Irav✓s of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimp2rty whereof 1 haVp he into subscribed m ��ame and affixed the corporate seal of the said Company this�_�._-___ day of._.—`---- ---.---__.__._._ 20 �` COIf�fATE BYLL V Secretary SON D0019 0802 01 rh RD CERTIFICATE OF LIABILITY INSURANCE OPID P 11ATE(MMfiDMYY) 4 ALE 03/24/05 _..__~� THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION �! rance Group, Inc. ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE h Street, Ste, 200 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7407 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbia NO 65205-7407 Phonc: 573-875-4800 Fax:573-875-451.4 INSURERS AFFORDING COVERAGE NAIC 11 INSURED I r,,I•-••.:. 1 American Home Insurance .tr AMCO Insurance Company 19100 AlP lco Inc. ( EriC Coil 2376 State Road MM New Bloomfield MO 65063 I COVERAGES _ tHE P14 1,KF':,,Cd."4: 1'. 11:11F.'f.11 .'IWA [4itI ..II(' '•'III itI.IO.;.'1Fd,1• ,1., 11' I,,DI . '.illy ANY FfOUIF461;,III,711,V"'1" N:1T1,.11 t n•l:':::1,11.Y" ',!: II'l I'" ',Ifr11 I ' : . . 0 :,lit!, M..1.1 II �i MAY PLPI1It I.11 IF rva FARy_F A F"I:t Hk (.,:,t, 1( F L 1,n•,(.. r.l'II �f I. 1 1..• P(A.ICX S 6!I,'r11,1;,I„., Ir;r,• INISH DD•LII rOLICYF.FFF.CT1W. POLICYEXPIRATION LTR NSRt] TYPE OF INSURANCE. POLICY NUMBER _ I DATE(MWDD6-Y) DATE(MMIDD/YY) LIMITS GENERAL LIABILTTY i I �i—'•�'° I•' '/ 1 6 1000000 I B X roFm.tl:I+:I:•1 iA,IiI r:a1 .I:•r ,n, ACP MCTO 7101562941 05/26/04 05/26/05 l r,t r l f ,II a ,.,•".,• i 100000 X{ . .. . I ( 1... 1.5000 it r,:,1 w: n.. , 11000000 ' ;2000000 .I Mil r/,t It i i. , j ;1r;. t,, r t, .;2000000- ---- 1,p,,. —-- ( ----- - ------ I --- --- — I•r'uCr AUTOMOBILE LIABILITY ~� ; 1000000 B X nt1 A;ta i ACP BA 710.1562941 I 08/17/04 I 05/26/05 — ALL'-'v4'Il I .111,',:. I 1 it. I • 'I! 1 1 HA11)A01, (,Hilt. 1 ':I• d, ; , GARAGE LIABILITY I r!r 1 , j I, h It t. I•i. EXCESSILIMBRELLA LIABILITY i I� I! •' +i•I r,' ! . 1 4000000 4 B X I: ^Ir,'•!.''.t:1 j ACP CAA 7101562941 j 05/26/04 j 05/26/05 1••' .r'1 ± t,1000000 I Orr• 1 I WORKERS COMPENSATION AND I i•, .,} •— 4 �t j� EMPLOYERS'LIABILITY I l I A 540775800 05/07/04 05/07/05 IIIIII '11000000 NNY rrol>1;'lerr,r>,I'nr;r,E:Ln..1 'I '��- .. ...OFF IC( f'xrtrrt-�1I , j j i:',I i A t'. l'I•t i f 1000000 i a'rl_vt I'I>��n '+,Ir I'•I"., ;t I"a A I I•.•.r:•I'".rn 1 1000000 -- OTHER l i _ ' DESCRIPTION OF OPERATION_S!LOC�ATIONS/VEHICLES!EXCl,US10NS AOOED Fr'Y ENOUItSEMENT/SPECIAL PROVISIONS Electrical Work CERTIFICATE HOLDER CANCELLATION jE rirEm SHOULD ANY OF THE AP.OVE DESCRIBED POLICIES BE CAtICELLED BEFORE THE EXPIRATION DATE THEREOF.1711E ISSUING INSURER WILL ENOL"•AVOR TO MAIL 30 DAYS WRITTEN NOTICC TD THE CERTIFICATF HOLDER NAMED TO THE t Err,BUT FAILURE TO 00 SO SHALL The City of JeffersoI City IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 E. McCarty REPRESENTATIVES Jefferson City MO 65109 AUTHORIZED REPRESENTATIVE _ Richard A. Miller ACORD 25(2001108) U ACORD CORPORATION 1989 FRED f ISIPHrICE 01 8 1 L.ITY f,N' U - f lll�; T� 11; 1431J.0 .I. Hill M:, I;: Irt�,t,•u1n11 slur OWY -!!,ND NO 41131'iII 0"ON (i-!'- .I It ilt""JAC W '11*�L()'Jlj INSOUT1,S AWl (,OqNNI:". IN5IJRFR 13, (',1" NIP tt P4i JOPIAI ME,A 1111 11%1`;JIW R F 1 f t) Ili! ;?j6vjj6L) 14ANILL7 A,JJQVI. ! 1; i J! I'I)t;,!r 1: I ral MI I It,,, Nwill'ICA ol-iritt 1:16CUMINr Witt'. M!41i"I IcIv.'lik:if i IN 171 .,IP1 I Ij Ott. t 1-1 It 1'11 0!1I,1At-*l) W-14-;N is SkJOAVI rot ICY ..00,0-001 lis H/1 ..It 07104/06 O:P I 111,P !TI 07/04NO :i,j0,000 IN Nce 111F 41 T ........ r ..........}... ..,. .. .. I ....--........... ..,,, r. „f.. "'�Mw.�....,'W .v�»9',....,,. . «..,.•.....,•I,.... ...,, .+ .. i. I............. I It !71i 'Pit lKi X1110 MAll 1:fl!o, !AW I 07111410A 1141111, WSIONS ADD ED HY F�NDCIMFMENT, I UL S(.:pt 1". pi, 4 Gve I 11. vil'.'M till, I IC. f"MCRGE N(;,f S IF A NODY GI:I*Tc A I t.,R Rl'l'1 A t:;V lVil.H'I f I t II. I J I 'I III)'U (,:I I,,, Ot J. J t,-USOPJ(PRO• ECI,oyliNk.-I-II, IlAvi: ROAQ 0 141 It it :4 1, .111 IA It 1!.6 It. CA Nc F 1,L 10P 1 !I� it(It, W1 1 0 R)II �?i "It, V0 I Ii I v! I( ?A)III It, W•Ill 11 1 1 Q (j 1, r,,. +II+l t. 1,t•t I I Alt k"Kt it)M) O'J'Al Nil Alit I;, ilv. o tj I I Av.11!N I t; PI H141 I I P.I IV,'k AU I H10MV MI r'41!it I,I !IVI Aut jfIrxJ tt--- II«t NI;l"10 FORWARD GENERAL PR©VI�PROVISIONS® The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified asset forth in the Special Provisions, GP-1 CONTRACT DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions,Bid,Contract, Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached,and other drawings,specifications,and engineering data which may be furnished 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 1 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). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized 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. n. "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 i work in process on behalf of the City by a series of periodic visits to ti,e job site. He shall have authority to act on behalf of the City. ' The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during i 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 all damage loss and expense which may occur to the City by reason of defective materials used, or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract, If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. 1 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. Allot said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY INSURANCE ' (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries, including death,of not less than $2,000,000 per person and $300,000 per occurrence. (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE: JCOVERING 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 arid 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. (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 & AUTOMO_B_ ILE_ _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 rion-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-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of $300,000 per person. The "Alf State" endorsement shall be included. • In case any class of employees is not protected under the Workmen's Compensation Statute, the 1 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 f rom all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work at completion, less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses, if any, to be adjusted with and made payable to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-•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 f ull 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 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 clr_rirn. • 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, trsnsfer 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 1 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, rriaterial 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 REGULATIOWS The Contractor shall procure at his own expense all necessary licenses and per mits of a temporary nature ' and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or, permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct Of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such , and shall he liable for any damages or claims for patent infringements,and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. 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 necessary to a clear understanding of the work,or should it appear various instructions are in conflict,then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according Oto the true spirit, meaning and intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN 1 Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules ' ® given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omission in plans, or in the layout as given by stakes, points, or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take ' advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society,organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project IRepresentative during the construction is to the City to endeavor to protect against defects and le deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative I 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 anytime 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 Contractor shall 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. The City 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. Any work done without being properly located and established by base lines, offset stakes, bench marks, or other basic reference paints checked bythe Construction Representative maybe ordered removed and replaced at the Contractor's expense. GP-16 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ' The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at 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". 1 Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project, the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets, roads,highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used ' for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. ' All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES ' Pipe lines and other existing underground installations and structures in the vicinity of the work to be done . hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners, and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY ■ The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractorshall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement ® , or protection of such property or utilities. In an emergency affecting the 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 bythe Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by r 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 r 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 Contractor 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 1 quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer, which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done,and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work"as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for darnages 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. 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 S 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 bythe 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 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 f rorn any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne by the Contractor at his own cost and expense. 1 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 1 Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure, ornission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract, the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 _CHANGE ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-37 CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather r conditions are such as would permit any then major operation of the project for six (G) hours or over unless other unavoidable conditions prevent the Contractor's operation. It conditions are such as to stop work in less than six (G) 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 lie 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 estirrrates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-39 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as 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 foss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue , and finish the work or any part of it after the expiration of the specified time, or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of its rights under the contract. GP-40 MEASUREMENT AND PAYMENT , (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or performed as determined by field ' measurement (except as may be hereinafter provided) at the unit price bid for the items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. (c) LUMP SUM ITEMS ' Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools, and equipment to construct the item as described herein and to the limits shown on the plans. ' (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10 0/0 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 e 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. GP42 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. GP43 LOCAL PREFERENCE e In making purchases or in letting contracts for the performance of any job 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. 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. GP45 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 whore , 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. GP46 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- e 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 an 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 becorne or remain a Missouri resident. GP48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose ' subcontractor makes a false statement, shell hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from ' non-restrictive states,absent statutory exceptions,whenfwer there is a period of excessive unemployment in Missouri,agrees to hold harmless and inclernnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expense!; incurred by the, City of Jefferson, Missouri, because of the contractor o, subcontractor's failure lu comply, END OF GENERAL PROVISIONS SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. I III SP-1 PARTIAL ACCEPTANCE OF BID The City reserves the right to accept any part or all of the bid for the project, SP-2 PRE-CONSTRUCTION CONFERENCE Prior to starting ork, a re-construction conference will be held to discuss the project, its 9 p P 1 . 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. II SP-3 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Section 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section 113-20) Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-4 PROOF OF INSURANCE All certificates of insurance provided for this project shall be insured directly from the company affording coverage. Certification from a local agent in not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. SP-5 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, City of Jefferson Technical Specifications included within this document, General Provisions included within this document, Special Provisions included within this document, Detail Plans, and any special or specific Specifications as included in the contract documents. 1 All construction details included with the plans and attached hereto shall be used in constructing this project. !� SP-6 PERMITS Land Disturbance - The work in this project will be covered under the General Operating Permit issued to the City of Jefferson by the Missouri State Department of Natural Resources, Water Pollution Control Program, Permit No. MO-R100031, The contractor will receive a copy of this permit at the pre-construction conference and is bound by its provisions. M SP-7 TRAFFIC CONTROL DURING CONSTRUCTION All work within the right-of-way shall be in accordance with the Manual on Uniform Traffic Control Devices, Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. SP-8 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-9 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-10 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-11 ITEMS TO BE LEFT IN PLACE Items marked "LIP" on the plans shall be "left in place". Any damage to these items, or other e items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. SP-12 PROJECT A - FIRE DEPARTMENT STANDBY GENERATOR SET General Specifications and Scope of Work The new emergency standby generator shall be installed at the City of Jefferson's Radio Cori imunication ' Facility at 820 Ellis Boulevard. The Contractor shall remove the existing generator, control panel, and all other appurtenances, which will become the property of the City of Jefferson (Contractor to deliver to a • storage location within the City as directed), If the Alternate Bid Item is selected by the City of Jefferson, Contractor shall deliver and install the old generator at the new location located at 1005 Fairgrounds Road. Concrete pad for the new location, if this Alternate Bid Item is selected, will be constructed by others. Fencing for this new location, if this Alternate Bid Item is selected, will be constructed by others. The new generator to be Installed at 820 Ellis Boulevard shall be installed in the same general location as the old emergency standby generator and in accordance with the following general specifications: w1. 20 kW (min.), 120/240 Volt Onan or equivalent generator 2. Propane-fueled air-cooled engine 3. 200 Amp automatic transfer panel 4. 200 Amp distribution panel for entire facility 5. Generator to supply power to entire building. 6. Generator set to comply with UL 2200, NFPA 110, 73, and 58, 7. Sound enclosure capable of limiting noise to 71 dBA at 7 meters. 8. Four (4)operation and maintenance manuals 9. Four (4) parts manuals 10. Documentation of factory load test 11. Complete start up testing and one (1) day of personnel training for two(2) people in the operation and routine maintenance of the generator set, 12. Width no greater than 29 inches (to accommodate existing pad mount) 13. Length no greater than 65 inches (to accommodate existing pad mount) 14. Height no greater than 50 inches SP-13 PROJECT B - POLICE DEPARTMENT STANDBY GENERATOR SE1* 1. Please refer to the photo on Attachment 1 for the general location of the new generator set. Site Preparation for this project shall be in accordance with Attachment 2 (enclosed). This work will include, but is not limited to, the excavation of oarth and the removal of sidewalk, the identification and re-routing of grounding cables so they are not in conflict with the pad, placement of suitable rock backfill, the construction of a reinforced concrete wall with a brick veneer, the installation of a swinging chain link gate, the construction of a portland cement concrete (PCC) pad to the grades shown on the enclosed Attachment A, and the replacement of certain PCC sidewalk panels as shown on Attachment A. 2. Procurement and complete installation in accordance with the electrical plan on Attachment 3 (enclosed) by a licensed electrical contractor of an emergency standby generator set in accordance with the following specifications: a. 350 kW min. b. 438 kVA C. 277/480 volts d. 52.7 Amps e. 0.8 power factor f. 3 phase ' g. Model MCD-350 or equivalent brushless generator, 12 Lead PMG h. Cummins Diesel Engine - NTA855-G3- or equivalent. I. Water cooled with 122 Fahrenheit rated ambient temp. radiator ' j. Dry type air cleaner k. Critical installation muffler I. Sound insulation package - 75dBA @25 feet (max, allowable sound) M. Flange kit n. Stainless steel exhaust flex pipe o. Block heater and T-Stat, 2000 wall, with silicone hose P. Battery box and heater and cables q. Battery(s) e r, Automatic battery charger, 24VDC10A, mounted and wired S. Weather housing, aluminum mill finish t. Engine oil U. Antifreeze V. Fuel heater W. Control panel, digital, NFPA-110 Level 1 X. Factory load test required Y. Four(4) copies of parts manuals, and four (4) copies of operation and maintenance manuals Z, 2 year/400 hour warranty - standby application aa. In-base fuel tank, 500 gallon, UL label, double wall bb. Mainline circuit breaker- ABB CC. Breaker enclosure dd. Automatic Transfer switch, 600 amp, 3 pole, NEMA -ASCO ee. Pad type vibration isolators ff. Hi/low battery voltage alarm 99, Battery charger multifunction alarm hh. Emergency stop ii. Audible horn alarm with silence switch on generator I Lamp test switch kk. Leak alarm for in base fuel tank ' II. Warning light - "nut-in-auto" mrn. Low fuel level alarm for in base tank nn. Low water temp. alarm ' oo. Pre-alarms, LOPP, HWTP pp. Remote annunciator for digital pane{ NFPA-110 Level 1 qq. Complete start up testing and one (1) day of personnel training for two (2) people Special Note: Due to security requirements for the City of Jefferson Police Department, Contractor will be required to furnish identifying information for individuals entering the building in a form acceptable to the Jefferson City Police. Affected individuals include any personnel and/or subcontractors who enter the police department building during the course of performing work and/or services. Identification badges will be issued to affected personnel, and affected personnel will be required to wear the badges while within the building. Contractor will be responsible for collecting badges at the end of the day and delivering to Police Department staff on duty. 3. Installation of new power outlets in the Emergency Operations Center by changing five (5)existing outlets from duplex outlets to four plex outlets, including the addition of circuits as necessary to the existing circuit breaker box in room 275 (Fiscal Affairs Office). The five outlets to be changed are two on the north wall, two on the east wall, and one on the west wall. See Attachment 4 blueprint of proposed outlet changes and location of room 275 where breaker box is located. Completed wiring for this area shall be also be able to be powered by the emergency standby generator, All additions to the existing circuit breaker box shall be clearly labeled. 4. Contractor shall coordinate all work with the police department personnel to ensure minimal disruption of the emergency 911 communication and rompuler systems. Please see additional notes on the electrical plan for electrical shut-down constraints , SP-14 MEASUREMENT AND PAYMENT PROJECT A Item No. 1.00 - Fire Department 20kW Generator Set This item shall include all labor, material, equipment, and services necessary for the Installation of an emergency standby generator set in accordance with the specifications listed in SP-12. This item shall include, but is not limited to, the removal and delivery of the old generator set to a location within the City of Jefferson. This item shall not be measured for payment, and payment shall be made at the lump sum bid price. ' PROJECT B Item No. 2.00 -Police Department 350 kW Generator Set This item shall include all labor, material, equipment, and services necessary for the installation of an emergency standby generator set in accordance with the specificati ms listed in SP-13. This item shall include, but is not limited to, site preparation and generator set placement, electrical work, and the installation of new electrical outlets as described in SP-13. This item shall not be measured for payment, and payment shall be made at the lump sum bid price, Item No. 2.01 -Trade-in of existing police station generator(Kohler 60kW Model #RH0271) This item shall include all labor, equipment, materials and services for the removal and trade-in of the existing emergency standby generator located at the police department. This item shall not be measured for payment, and payment shall be made at the lump sum bid price. ALTERNATE BID ITEM Item No. 3.00 - Reinstallation of Existing Fire Department Generator Set at 1005 Fairgrounds Road (Fire Station No. 5) This item shall include all labor, equipment, materials, and services for the re-installation ' of the generator set at 1005 Fairgrounds Road (Fire Station No. 5). 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I+.O !Y a < - W h CV O G = J ►• H O O -- W O h h a A z O m a F- J Y w L 1 - 0 w • w ? x H 1` W r- - z < < c - x Oc O m w U w W W W x Q O w < • J O C9 C • O at :c K J W W z - -4 ► h - u u (4 Q 1,- N -C J i 0 A. w Ck r^ tt K I :1,u N W IS W tY > < x OL (� u k. u - - w w u w IL IY � a H Itt w 11 IK O 1 w CJ a x W 4" •• IK' W < > z C9 a z )- u i n x to O O h J W u n X d d a O w J O l►- DC 1 S 0: at I-. ' 0 S O O0: D: O A. O z CL x z K W J w N O x x u O * W u In J U • < O 4 u r u . VD ♦- (A. U W 4 U a 7 -- V) -- -- w F- W o:!+ u U I- a t 1.. d I..On Z U. a j ul it lu q M M A N N M p, N N N N tN M N N M N N N M M N U • U l �I L 1.) V N R 17i KI 1_.___�.►. .• - lip LY vl kD Cl Cl J o !.1 (r =` . ..�.,.-•.+.��+ .-•�' 1 / - `� `� � � n _�.._ .. . _I � iii !L a. ..., Vim' �i �`=��•- ` i � 1-••/ -�� Z X -i- K� -- MAR-04-2005 0158 JEFF CITY COMM DEVELOPMEN 573 634 6562 P.02 rPop Iof2 ADDENDUM NO. 1 PROJECT NO. 10221-0010 EMERGENCY STANDBY GENERATOR REPLACEMENT PROJECT MARCH 4, 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. ' Alelco Inc. BIDDER: Charles Baysinger BY' TITLE: Vice President CITY OF .JEFFERSON OFFICE OF PURCHASING AGENT TERRY STEPHENSON Page 2 012 ADDENDUM NO. 1 PROJECT NO. 10321-0010 EMERGENCY STANDBY GENERATOR REPLACEMENT PROJECT MARCH 4, 2005 1. Pertains to All Bide Items- Any landscaped and/or grassy areas disturbed during construction of Base Bid A, Base Bid B, or the Alternate Bid Item shall be properly graded, fertilized, seeded and mulched in accordance with the City of Jefferson Technical Specifications on file with the Department of Community Development. This includes, but is not limited to, any rutting in the grass beyond 1 inch in depth that ' occurs in grassy areas adjacent to the work area. No direct payment shall be made for this item, and shall be considered as incidental to the construction. ' 2. Base Bid A- It should be clarified that the existing generator set at the Fire Department building only serves a limited portion of the building (i.e., the radio room). The new generator shall be installed to serve the entire building (i.e., all that portion of the building which is served by the single electric meter to the building). 3. Base Bid A- A water cooled engine for the Fire Department Genset shall not be considered as an approved equal. The engine shall be air-cooled. 4. Base Bid A and Alternate Bid Item- Propane tanks and propane fuel for the Fire Department Genset(s) shall be supplied by the City of Jefferson. This includes any piping needed to supply fuel to the genset. 5. Alternate Bid Item- Conduit and feeder to the 20 kW Genset shall be sized for 225 Amp service to the building. 6. Base Bid B- Kohler generator set at the police department is serial number #60RHOZ71. Engine has approximately 500 to 600 hours of use. Generator is not ' operational, but the engine is operational. 7. Base Bid B- Outlet work in the Emergency Operations Center (i.e., Police ' Classroom) shall be in accordance with the City of Jefferson Building Code, and the new outlets shall be installed behind the existing walls with no outside conduit running along the walls. The faces of the new electrical outlets shall be flush with the existing ' walls (i.e., surface mounting of the outlets shall not be allowed). 1 MAR-07-2005 10:36 JEFF CITY COP>r1 DEVELOPMEN 573 634 6562 P.01 1 1 li Pq�1 of 2 r..,. 1 1 y!1 1 ADDENDUM NO. 2 PROJECT NO. 10321-0010 1 , EMERGENCY STANDBY GENERATOR REPLACEMENT PROJECT 1 i MARCH 7, 2005 1 1. The bidder will w*novAedge receipt of this Addendum and his acceptance of its conditions by signing this Addendum and including it with his bid. 1 Alelco Inc. ` B�oc 1 Charles Baysinger BY: 1 Vice President 1 i 1 CITY OF JEFFERSON OFFICE OF PURCHASING !AGENT TERRY STEPHENSON 1 � FACM4MOJECTB 10M-VARG NCY 00*RATOR MQ=TCONM=00CUMNTSAIMMOUMAO h 7.MW 1 Page 2 of 2 ADDENDUM NO. 2 PROJECT NO. 10321-0010 EMERGENCY STANDBY GENERATOR REPLACEMENT PROJECT ' MARCH 7, 2005 1. Base Bid A-The engine for the genset shall be water cooled. The engine shall include an engine coolant heater, and the radiator shall be rated at a minimum of 40 degrees Celsius. All other specifications remain unchanged. 2. Pertains to All Bid Items- The bid opening date and time are hereby changed to Thursday, March 10, 2005 at 1:30 pm. i I .. e FACITY-PROJECTS110321 -EMERGENCY GENERATOR PROJECTICONTRACT DOCUMENTSIADDENDUM2.6f @ h 7,20D5