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ORD13781
BILL NO, 2004-73 Passed as Amended SPONSORED BY COUNCILMAN Councilman Martin . )" I ORDINANCE NO. f, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING CONTRACT WITH CONCRETE ENGINEERING LLC FOR 302 EAST HIGH STREET POCKET PARK (A/K/A GUNDELFINGER PROPERTY) AND ADJACENT PARKING LOT IMPROVEMENTS PROJECT, AND AMENDING THE 2003-2004 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND FOR SAID PROJECTS. WHEREAS, Concrete Engineering, LLC has become the apparent lowest and best bidder on the 302 East High Street Pocket Park and Adjacent Parking Lot Improvements project (No. 62013); BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Concrete Engineering, LI_C, is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Concrete Engineering, LLC, for 302 East High Street Pocket Park and Adjacent Parking Lot Improvements project (No. 62013) Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4, There is hereby suppiementally appropriated within the Parking Fund $40,956 as indicated on Exhibit B, attached hereto. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. / Passed:. Approved: Presiding Officer Mayor ATTEST: APP VEp Ac' TO FORM: Cify,Clerk City Couns .lor CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.)of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available,i h thw various funds to meet the requirements of this bill. Mayor . Bill 2004-73 Exhibit A Supplemental Appropriations Fiscal Year 2004 Budget PARKING FUND: Revenue 6200-0000-0995-9999 (Transfer from Surplus) $40,956 Expenditure: 6200-6200-7000-0030 (Parking Lot Imprs) $40,956 FINANCE DEPAiZTTENT PURCHASING DIVISION SUB.11T I': Bid 2168 - 302 1-.. I ligh Street 1'()ckcl Park & Ad,jaccnt Parking Lot Improvements, Cmilrilunity Development. Opened mi 13eptember 7, 2004 BIDS I71.?C'I;IVl. 1: BASF Concrctc l,nghleering, I.I.C. .leflcrsorl City, MO $ 79,703.41 Sam (.wines Construction, New l;loonllicld. MO `}; 96,138.00 Lehman Construction Co., C'alilornia. MO `h 109,925.00 18r. I Works. Inc., Colunlhia, N40 `f+1 1 1 ,530.50 *,I. C. industries, Inc, .leflcrson City, MO $1 15.921 .74 Kauffman FAnterpriscs, ,Ieflcrson City, M0 `}120.188.85 APAC - Missouri, Inc., ('olunlhia. N/10 $171.317.25 *OIIISidh the corporate city limits of the City of.101ersotl. I'ISCAL. NO'f'I;: 6200-6200-7000-0030 Parking :3502-9900-7:350-41 1 1 CA. Sales "tax 2002-2007 Punch/lnlprove Building & Land :302 F'. I ligh Park Wall Demo 2003-2004 Budget $ 32,800.00 2003-2004 Budget $ 25,604.00 Expended 10,500.00 Fxpended -0- l-11cunlbered -0- 1:nCLI Ill bered -0- Bid 2168** 4(1955_21 laid 2108 $ 25,603 20 Balance (- $ 18,(155.21 ) Balance .811 ** A supplemental appropriation in the amount of'$40.956.00 has been included in thi;; packet. PAST Pl.,Al"C)RMANCE: Concrete I?nginecring I.I,C has satisl1lo.)rily completed proljects 1,61.the city in the past. staIT[lei ieves this vendor will CUIlllllctc the protect as specified and hid. RECOMMENDATION: It is the r000111111Cndalilln of'staffto award the hid to Concrctc 1?ngineering, L LC of'.Icffi:rson City. Missouri in the amount of the hose hid less Item No. 18 Im a total of*$66,558.41, ATTAC'I IMENTS - SUPPORTING DOCIl1V1J:N'I'A'1'1ON 'tabulation of Bids. Deparlrlluntr►I Rec( nunendati(�n Stgnatllr i/S G .1JL1C•nC.a1_Q4'C -` r _ Purchasin * Agent I)ircc.tor, CoIll Li nity I)eve1opnlenI S..LIY Q1 ... of f n erso tI GtIMMUNITY D.PE:DI CUID: 7 �� Memorandum r+ntr.Ia.c e. auLuvAa,�e;o;ncaion 320 East McCarty Street • Jefferson City, Missouri 65101 Phone: ('573) 634-6410 Fax (573) 634-6562 •www.jeffcitymo.org Date: September 9, 2004 To: Terry Stephenson - Purchasing Agent, Mmince From: Matt Morasch, P.E. - Deputy Director for Public Works Re: 302 E. High Street Pocket Perk and Adjacent Parking Lot Improvements Project No. 62013, Bid No. 2168 Public Works has completed a review of the bids opened at 1:30 PM on September 7, 2004 for the above noted project. As part of the review the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors. Attached to this memo is the tabulation of the seven (7) bids that were received for the project. Based on our review, we recommend acceptance of the base bid, with the exception of item no. 18 (existing limestone rock wall improvements), from the low bidder Concrete Engineering LLC, 241 Indian Meadow Dr., Jefferson City, Missouri 65 10 1. The base bid total with the item no. 18 exception is $66,558.41. The project will be expensed from two sources, the parking fund and 1/2 cent sales tax. A supplemental appropriation will be required from the harking fund and is included with the bill summary for the construction contract. A breakdown of how the cost will be assigned is shown below. Concrete :Engineering LLC Contract ($66,558.41): Account Number: Amount 6200-6200-7000-0030 (Parking Fund) $40,955.21 3502-9900-7350-4111 (1/2 sales tax) $25,603.20 Total $66,558.41 If you need any other information please feel free to contact me at extension 453. Attachments: Bid Tabulation Sheet Original Bid Submittals C: Rich Mays Pat Sullivan F:1C1'1'Y-1R0J1-CTS\62013-Uptown 302 1:fligh St Pocket Park Arca&Prking L.ot\Purchasing Meuw.doc 1 1y..._..-~- 8 U 8 rJ GG : s 0 48 pG p G o N n If r, t, n ^. cS ~ •� i>S c, r (�(�([[,•,•,•1 cJ r O1 1" u� • rn - ry r ,1 ") n1 ', N 'r �' r-' cri .- r1'rJ•i F' ur 1/1 i// „ N f J G,c:, 1; ,Q,1i 8 In In ,,, Ii rr�V1 L i- �'i •1 n - u„))I. a, E roll R 17, T, c, r, t/r Q r,,, r,fl �`: r, 1'4 (' f•,�� ( c; r�II, r) "t r�, l r' ,�, r.l r`J O t' 1 In In j Zi r. '4 m u Yi u). {: 5 U ri(•( r. rr .., r. " o r•J u, - n I i o a cJ r- Vi iJ)inn In aln i� inn 1n yr h - tg •� �In in q u 0 H• U rt,ca r,,S 11 •� u, 1 , r,r,.� r,� .,, r. ,, q,,�p rJ ik � ro a, •r tv F 7 u u j i t r i; il) �t,rr I r �i ell r, N _ a r :+.�i/i VI In r• ur ii lil �n fd rn it, ;h r',Vi I in It.In 1/1 ui I r w.n � p O ii • 8 ch - n C, Coi [� 7 'n � 4 4 r., 1 ... ,.. � 1n I 1� i:'�� :.' i.. 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U. >• U) jr 6)W u) III_j U) III _j J -1 -1 V) in in 0 C) ul fn m z tu 10.11 41, 'm fy ct 3 t in al cl v. n I M u O M C1 Ili N 1t o E rd t�, 05 o o 5 = E m rq In n F t0 T) 4)In t CO U L) L)P V, ze Lu•C c to U.1 2 E I- LD m tf. i to W m -6 11 1 z cr C; tL o 13 uj CA l7' ty3 o zs V. r,I- 1- 1- v Zu 'n C1 -t ul N )u) -f .1 ('4 rn h w o, 142 fl N m (.4 t14 114 CONTRACT DOCUMENTS OF All 0 r CITY 0 F JEFFERSON a SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 62.013 302 East High Street Pocket Park and Adjacent Parking Lot Improvements ■ ©f oil *4"" iar`r, �� y''•. ham'lt8�r �Id`�;'.�• Jefferson City Department of Community Development August 2004 • FACITY-PROJECTS\62013• Uptown Park Area N2\Cuntract Gocurnents\Specllicntioiis.wpd August 19,2004 TABLE OF CONTENTIS • Advertisement for Bids • Notice to Bidders Information for Bidders • Bid Form * Bid Bond * • Anti-Collusion Statement • Contractor's Affidavit • Minority Business Enterprise Statement • Minority Business Utilization Agreement ® Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination ' Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions • Attachments ' Addendums ( If Any ) (* INDICATES T141S ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) • ISII) AQ�L�.RTJ�E.,�M_�1�T F2�._.__ Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 55101, until 1:30 PM, on Tuesday, September 7, 2004. 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. 62013, 302 East High Street Pocket Park and Adjacent Parking Lot Improvements"will include the furnishing of all material, labor, and equipment to construct a new concrete park at 302 E. High Street, and upgrade of an existing parking lot adjacent to the park. The Project will remove an existing two story brick wall, place concrete pavement (148 sy), stairs and lighting in the park area and pave the adjacent parking lot (550 sy).. A pre-bid conference will be held at 1:00 p.m., on Monday, August 30, 2004 in the Lower Level Conference Room of City Hall of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. ® Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Five Dollars ($25.00) will be required for each set,of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON Terry Stephenson Purchasing Agent Publication Dates Sunday, August 22, 2004 ® NO 1K E J Q JQIQ0EB5 Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 PM on Tuesday, September 7, 2004. The bids will be opened and read aloud in the Council Chambers at 1:30 PNI on that same day. The proposed work for the project entitled "Project No. 62013, 302 East High Street Pocket Park and Adjacent Parking Lot Improvements"will include the furnishing of all material, labor, and equipment to construct a new concrete park at 302 E. High Street, and upgrade of an existing parking lot adjacent to the park. The Project will remove an existing two story brick wall, place concrete pavement ('148 sy), stairs and lighting in the park area and pave the adjacent parking lot (550 sy).. A pre-bid conference will be held at 1:00 p.m., on Monday, August 30, 2004 in the rLower Level Conference Room of City Hall of City Mall, 320 E. McCarty Street, Jefferson City, MO 65101 . All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri: Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Patrick E. Sullivan, PE ' Director of Community Development INFORMATION FOR BIDDERS I113-1 $�CQRF,_QEAQIRK 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. 62013, 302 East High Street Pocket Park and Adjacent Parking Lot Improvements" in accordance with the plans and specifications on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and equipment to construct a new concrete park at 302 E. High Street, and upgrade of an existing parking lot adjacent to the park. The Project will remove an existing two story brick wall, place concrete pavement (148 sy), stairs and lighting in file park area and pave the adjacent parking lot (550 sy).. ® IB-2 INS�?WCSIQ�I QF_PLANS,_SP�CIFICA7TONS, AND SITE OF WQR_K �1 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. 113-3 I�TE_RPRE-1 OF CONTRAQT DOCUNJENTS 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, hF shall request in writing. at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whore Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall riot relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATaON5 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 and nd dal�a 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. IB-5 EQU!VAI=E_N1_MATERI& Whereverdefinite reference is made in these Specifications to the use of any particular material ' or equipment, it is to be undere,tood that any equivalent rnateriai or equipment may be used which will perform adequately the dirties imposed by the general design, subject to the approval r of the City. !B-63ID 51`GU R tTy Each bid Must be accompanied by a certified check or bid bond made payablo to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be relurned after award of the contract except to the successful bidder. Should the successful bidder fail or.refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. IB-7 p� PABATjQN_.OF.B(DS 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 he considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. IB-8 PQICES 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: purclaasos totaling over$500 from an individual supplier. tAll sales taxes on those items which (Jo not qualify for the use of the City's sales tax oxemiplion and for which sales tax might lawfully be assessed against the City are to be paid by the ' Contractor from the monies obtained in satisfaction of the Contract, It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such t�raxe3s, IB-9 AP_PROXIM.ATE_Q.VA.NTl.1'I.�$. In cases where any part or all of line bidding is to be received on a unit price; basis, tho. quantities stated in the bid will not be used in establishing final payment due the suC,cossfral Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate front the plans of tale quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared oil the basis ' of number of units stated in the bid. Such estimated quantities, while rraade from the bust information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. 0-10 �.UKP$- M.1TEM$ 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 doscribed herein and to the limits shown on the Plans. Iii-11 M-MJ-$S1QN_4F.I3.lQ$ The Sid and the Bid Security cluaranleeing the same shall be placed in a sealed envelope and marked "Project No. 62013, 302 East High Street Pocket Park and Adjacent Parking trot Improvements". IB-12 ATRJVAT ..J3Ip.S In making the award, if altornato bids have been requested, the alternate bid which will be in the best interest of the City will be used. IB-13 YAT-O-RAWAL..Q.F-W.05 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 linie for the receipt of bids. No bids received after the time set for opening for bids will be considered. IB-14 Rl%ff T4�31 .l GT_I IBS. The City reserve the right to roject 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. i13-16 AWE?QF.sQN:r_RAC.T 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 P- RE-O MANC-E-.ANp..PAY-M-ENT-13.4?N-Q. ' A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. tThe issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in (lie Slate of Missouri and acceptable to the City of ,Jefferson. IB-17 i.NIT.MN.I A-CADON_ANt?.1.UMR.AdCE 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 BTD SElI1_R.f ��1.R(`� U.TO_ IC�ESSFUL.BIDDE2 ! 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 j-ON.L)-.aCR(MINATtQNV-JN_ IVIP_LOYI E-NT Contracts for work under this bid will obligate the Contractor and suhcontractors not to discriminate in employment practices. IB-20 t?R VA Llj�lG WADE 4A__ The principal contractor and all subcontractors shall pay not less than the prevailing wage ! hourly rate for each craft or type of wurkrnan required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 WARANT ! The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ! The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the tern-is 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 N_QI.1g TO PRQQF,.�) A written notice to begin construction work will be coven 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 can the date established in this notice. IB-23 YV-QRK $C�t.;UUtJE 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 J(11(I_E The contract time shall be ' 25 working days. IB-25 - QUDATEa DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars($600.00)per calendar day until the work is complete, should the project not be completed within the contract time. 18.26 POWER OF A NY Attorneys-in-fact who sign bid bonds or contract bonds roust file with each bond a certified and effectively dated copy of their power of attorney. IB-27 B.JD PAQKEET 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 narne 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; i r r 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 rproposal. The contents of this packet include the fallowing: 1) BID FORM 2) BID BOND r 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT 1 END OF INFORMATION OR B_!_DDERS 1 ® 1 r 1 r 1 r 1 r 1 50 F-01- Name of Bidder �10ALI Address ofBidderJ"1 I - -r(Nir_"�� Crl(,�.��V �J� t- f �� � .� To: CI1Y OF .JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a)the extend and character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i)all otherfactors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or ' decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows; SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. TIME OF COMPLETION The undersigned hereby agrees to complete the project within 25 working days, subject to the 3tipr.rlations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested In the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without ® collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance m�y be rpai,d, tel g aphed, or deliver It is understood and agreed that this bid may be withdra n at any time prior to the scheduled time for the opening of bids or any authorized postponement postponement thereof. Attached hereto is a Bid Bond for the sum of _� /o (`)_1" yCQ^ V fll eDollars (cashier's check), make payable to the City of Jefferson. r Signature of Bidder: If an individual, doing business If a partnership, as member of firm. Icy.—.—. If corporation,_ by,__ Title SEAL Business Address of Bidder If Bidder is a corporation, supply the following information: State in which incorporated_ Name and Address of its: President Secretary Date Page 1 of 2 ® CITY OF JEFFERSON ITEMIZED BID FORM 302 East High St, Pocket Park Area and Parking Lot Improvements PROJECT NO. 62013 ITEM APPROX. UNIT NO, DESCRIPTION UNITS QUANTITY PRICE AMOUNT --- Standard Bid Items _ a .� _1_�- 1 Demolition/Removal LS 1 '�� >S ,~s`� �) �� —" 1 -- 2 Construction Staking LS 1 --- Excavation 3 Excavation and Grading LS 1 4 Rock Excavation CY 2 v�ril - 5 Sub-Grade Stabilization TON 2 Paving -6 Osage River Aggregate Surface ) �� 94 6"Thick Concrete SY 148 /� 79 ' 7 Colored 6"Thick Concrete with C 1 f -5 Stamped Pattern (Diamond Areas) SY 8 8 Remove and Replace 6"Thick Osage River Aggregate Surface Concrete Sidewalk SY 124 9 6" Thick Commercial Di ive Approach SY 21 l/ �' - ! 10 Miscellaneous Concrete CY 4 11 6"Thick PCC Parking Lot SY 550 LO 1.3 (P 9-5 '6--o 12 3" Thick Rolled Stone Base (Park, Parking Lot, Sidewalks, Approach) SY 861 _ d/ 7M, 13 Type "A" Curb and Gutter LF 19 --- Electrical 14 Light Pole with Foundation EA 1 15 2" Dia. PVC Sch. 40 Electrical Conduit with �j ,.�j Wiring in Place LF 135 r v(? 16 6 FT. Deep Light Pole Foundation EA 1 --- Miscellaneous Items ��^ / ' 17 Modular Block Stairway EA 15r� • 18 Existing Limestone Rock Wall Improvements LS 1 r19 Existing Brick Building Repairs LS 1 Page 2 of 2 ITEM APPROX. UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 20 4" Dia, PVC Downspout Drain Pipe LF 7 1 , '°"_ -7 r21 4" Dla. PVC Perforated Drain Pipe with 1 Gravel 6 Around Pipe LF 100 TOTAL BASE BID ? ALTERNATE A - Remove and Replace sidewalk 6" thick plain L �r� 490 22 concrete SY 124 � 1 23 Deduct item 8.0 SY -124 , f,c�-/ TOTAL ALTERNATE A ?D!i U ALTERNATE B - 24 61/2"Thick AC Base SY 550 ! �v V 930 Q-0 25 1 1/2"Thick AC Surface (BP-1) SY 550 3 - Zoo e' 26 Deduct item 11 SY -550 , 9a- �-l3 /�;79 Q-- TOTAL ALTERNATE B ' Signature of Bidder to • r BID BOND o!on nforms with The American Institute of Architects,A.I.A.Document No.A-310 KNOW ALL BY Ti FIESE PRESENTS, That we, LLC 241 Indian Meadow Drive, JL-fft!rt;on .C:Lty,,,.!p._f!51Ol. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America —_the of - 940 ef;t Port Plaza -Mary.jand- a cotilorad Oil duly ot ganized under the laws of the State of Surety, hereinafter called the Surety, arc held and firmly bound unto ;Is Stir City of Jefferson as Obligee, licreinafter called the Obligec, in the sum of Five Dollars($ 5Z of Bid Amount Cor the payllient of which stun well and itidy to lie intitic,the said Principal and the said Surety,bind ourselves,our heirs,executors, administrators, successors and assigivi.jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fuirnisliting of a1.1 materials, labor and equipment to A;�onstruct a new cqncret -_XjLr -Lt - 07 Iligli Street, Y�d pjjLrade of an existi�pg aLk:L lot _3 __�i q _ _11_ qy, lot adjacent to t1ie_paj7Lk. Removal of 2 fitory brick wa.11. p1ace con _T , Pte. NOW,THEREFORE, if the Obligee shall accept the bid ofthe Principal and the Principal qhall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may he specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the fllilklte Of the Prilicill"it to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good flaith contract with another party to perforni the Work covered by said bid, then this obligation shrill be null and void,otherwise to remain in IWI Iorcc and efl'eut. Signed and scaled this of ..5ep tembr e 2004 ............... Principal Title. rravei.erH Gastric It t Surety -InstiY.'t'i�1ce J Compr H ca witiless AA Attorney-in-Fact S,00141GE F 12)00 FRP ACKNOWLEDGMENT BY SURETY STATE OF Miasourl County of It. ���,� On this 7th day of _ SeEtemher. 20WI �, before me personally appeared Gerald J. Lux , known to, me to be the Attorney-in-Fact of Travelers Casualty and Surety Company of America , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the sutra. 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesuid County, the day nd year in this certificate first above written. ' J fANNETTE M. SMI]2005 County r Public in clue State of Missouri (Seal) Notary Public-�Notary Se St. Charles STATE OF MISSOURI St.Charlee County MY appointment expires April 10 �S-023WGEEF 10160 r !'RAVE TIERS C'ASUALT'Y AND SURETY COMPANY OF AMERICA TRAVELERS CASUALIN AND SURFITY COMPANY FARMINGTON CASUALTV COMPANY Ilartford,Connecticut 116183=91162 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY O1+ A'1TORNFY(S)-iN-FACT r KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURh,'1'V COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and E'ARMiNG'rON CASUALTY COMPANY, corporations duly organized under the laws of tilt: State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hercinaf1er Ilse "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Gerald J. Lux, Robert A. Miller, Catherine L. Geimer, Thomas U. Krippene, of St. Louis, Missouri, their tare and. lawful Attornev(s)-in-fact, with Bill power and authority hereby conferred to sign, execute and acknowledge, at any place within Ilic United States, the lbliovving; instrument(s): by his/her sale signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the stone exte;at its if the same were signed by the duly authorized officers of the Caunpames, and all the acts of said Atiorntsy(s)-in-l-acl, pursuant fo the authority herein given, are hereby ratified and confirmed. This appointment is auntie under and by authority of the following, Standing Resolutions of said Companies, which 1.esclutions are now in full force and effect: VOTI3D: 'Illut the Chuinrlan,the President, any Vice Chuurnaut, nnv F%ccuuve Vice President, any Senior Vice President, airy Vice President,any Second Vice President, the treasurer, any Assistant Treasurer, tic: Corporate Secretniv (it ;mv Assistant Secrelary nlav appoint Attorneys-in-Fact and Agents to act tier and on behalf of the company and may give such appointee awh iuthority as his or her certificate of authority may prescribe to sign with the Coro)nu' aortic and Se;1l Willi tine 01111,nny':; :;cal hands, I/ 'es, contracts of,ndenulity, and other wrinngs obligatory in the nature of a bond,recognizance, or condiliontd undcrutkntg, and iliv of sail officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chiurman, the President, any Vice Chauman,env Fxeutive Vicc Pre Meat, anv Senior Vice President or any Vice President �ay delegate all or any part of the tilregoing mallonty to one of molt: officer; or employe:;of this Company, provided that each such delegation is n writing and a copy thereof is filed in the office of the Secretary. VO'TE'D: That any bond, recogniiatnce, contract of indeuuu(y, or writing obligator, in the nature of a bond, recognizance, or conditional undertaking shadl be valid;old binding upon the Companv when fa)signed by the President, ;uny Vice Chninnan,any Executive Vice President,tiny Senior Vice !'resident or any Vice President, any Second Vice President, (lie TreaSUiC1, ;toy ASSISlilnt Treasurer, the Corporate Secretary or any Amistunt Secretary and duly attested and scaled Willi the Comp;ulv,�, seal by a Secretary or,Assistant 5tl:retary,or(b)duly executed(under seal,if required)by one or more ,lttnallcvs-ut-Fact and Agents pursuant to the pottier preset ibcd in its ur her eertificatc or tltenr certilicatcs of authority or by one or more Company officers pursuant to n written del(:gatt(ul of authority. This Power of Attorney and Cmificate of Authority is Agued and sealed by facsimile (mectnanical or printed) under and by authority of the following,Standing; Resolution voted by the Boards of Directors of TRAVELERS CASUAL'T'Y AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUAL'T'Y COMPANY, which Resolution is now in full force and effect: VOTED: 1'lunt the Signature of each of the following; o►Ilccis Ple!;ident, ally Executive Vi,;c President, ally Senior Vice President, ally Vice President, any Assistant Vice President, auv Secrctativ, ,illy AsstSUUlt Seaeuuw, ;lad the Seal of the Comp;ury may be affixed by facsimile to amy power (A*attorney or to ally certificate relating thereto appointing ltesfdclit Vice Pre:adents, Resident Assistant Secreuates or Attorneys-in-Fuct Rlr purposes only cat executing and attesting; bond:;and undcrutkillp and other wrUutgs obligatory in the nature thereof,and anv Such power of attorney or certificate beanng Such IiIGStnlrlt: Signature or lacsinule seal ;hull be vnhd ,and binding upon the Calrrtpunv and MIN'Such power so exeuttted and certified by such Iaesimile signature and Iltcsunile seal ,hall he valid and buulint; upon the C011iparty in (lie inure will respect to any bond or undertaking to which it is attached. (11.00 Sta ndaud) ANTI-CO ION_$MEMENJ STATE OF -M COUNTY OF -_, C _ L being first duly sworn, deposes and says that he is _� Y� --• _ of TITLE OF PERSON SIGNING C'69�vl C (1G `(� E' l Y L L- �- JNAME OF BIQF) R that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from Its acceptance. Affiant further certifies that bidder is riot financially interested in, or financially affiliated with, any other bidder for the above project.. (BY)_ � BY Sworn to before me this ,day of 200 . A111//1ll�i��� •N%' ✓ _ •r•"� ' NOTARY PUBLIC for AY V J9% •�� I My commission expires:_ _ -!� __�_ __ ® -4NT C-TQH-$ AFBM1T This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF \v ss COUNTY OF l The undersigned, _ � en of lawful age, being first duly sworn states upon oath that he is of the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required rto furnish material or actually perform services upon or as a part of the proposed project. AFFIANT Subscribed and sworn to befo me, Not ry Public, in and or the County and State aforeuA�W���iiii h day of_ rY �, 20! _. P, Lei; NOTARY PUBLIC ' % .01 ou�`S$O �V 4/611b I ni u�tiu�a° My CornmlSSlon Expires; 1 1 M tTYJ3.VME_U EN IE PRISE-UMEMEW. 1 Contractors bidding on City contracts shall take the following affirmative steps to assure 1 that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items. 1 1. Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. 1 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. 1 4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources. 5. When economical) feasible Contractors will divide total requirements into Y q smaller tasks or quantities so as to permit maximum small, women owned, and 1 ® minority business participation. 1 G. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 1 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community 1 Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained 1 from the Department of Public Works. i 1 1 • 1 1 MIN-0.RITY Bl SI ES$U-TjL[ZA-TJ0N-AGR E ENT_ A. The bidder agrees to attempt to expend at least two (2) % of the contract, If awarded, for Minority Business Enterprise (MBE). For purposes of this goal, the term "Minority Business Enterprise" shall mean a business: 1 . Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a parson who is a citizen or lawful permanent resident of the United States, and who is: 1. Black (a person having origins in an of the black racial croups of Africa); J Y J ) 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 Americana person having origins in an of the original eo les of ( p 9 Y peoples 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 arnended [15 U.S.C. 637(a)). 6. A fernale 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: 1 Name and Addresses Nature of Dollar Value of 1Z S 1z, 1 Total Bid Amount: Total: Percentage of Minority Enterprise Participation: __________% C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be 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. 1 D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. NAME OF AUTHORIZED OFFICER ' DATE . _ SIGNATURE OF AUTHORIZED OFFICER 1 i 1 • 1 FFIaAVtT- Q—U-LIA N_c E,-.iT-H-eRF,V i-- WA 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. 62013,302 East High Street Pocket Park and Adjacent Parking Lot Improvements 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: i STATE OF MISSOURI ) ss COUNTY 1 Missouri Division Of b Standards WAGE AND HOUR SECTION r�v� • r 1 BOB HOLDEN, Governor 1 Annual Waae ()"'rder No. I I 1 Section 026 COLE COM'TY In accordance with Section 290.262 RSMo 2000, wil.hin thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as Indicated below, any 1 person who may be affected by this Annual Wage Order may object by I11ing an objection In triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0591). Such objections must set forth In writing the specific grounds of objection. Each 1 objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, ..Jefferson City, MO 65 102-0449 pursuant to 8 CSR L0-5.0100). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. RECEIVED & FILED 1 C61leen A. White, Director MAR 1 0 2004 Division of Labor Standards 1 Piled With Secretary of State- SEgnE:*'AnY OF STATE COMMiSSIONS [DIVISION APR 0 9 2004 1 Last Date Objections May Be filed: Prepared by Missouri Department of IXaborr and Industrial Relations Building 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-_-_ Asbestos Worker $27.08 55 60 $11.27 Boilermaker $27 57 ___7 $15.41 Bricklayers-Stone Mason $24.85 59 7 $7.75 Car enter $19.78 60 15 8,36 Cement Mason $18 3 $9.60 Electrician (Inside)AArernan) $25.11 28 41_13% Communication Technician USE ELECTRICIAN IN51DE WIREMAN RATE Elevator Constructor a $32.315 26 54 Operating Engineer Group 5/04 $23.37 86 66 Group 11 66 $13.80 Group III 5%04 $22.12 8G G6 $13.80 Group 11 -A Group 5/04 $24.07 86 66 'Al 3.80 Group V 5/04 37. 86 $13.80 Pipe Fitter 7/04 _b _AqPLQO_ 91 69 Glazier $13.50 FED Laborer LBqlld(0_q). --------- General $16.72 110 7 $7.58 First Senii-Skilled $18.72 110 7 $7.58 Second Semi-Skilled $17.72 110 7 $7.58 Lather USE CARPENTER RATE inoleurn La er& Cutter USE CARPENTER.RATE.- arble Mason $24.85 5_9 7 -_ 7.75 MIIIvvrI ht $20.78 60 15 $8.36 Iron Worker $21.87 11 a $13.00 Painter $19.19 18 7 $5.58 Plasterer $17.32 94 5 $9.35 Plumber 7/04 b $30.00 91 69 $14.68 Pile Driver $20.78 60 15 $8.36 Roofer $23.70 12 4 $7.76 Sheet Metal Worker 7/04 $23.74 40 23 $9.46 Sprinkler Fitter 4/04 $27.09 33 19 Terrazzo Worker $24.85 59 7 $7.75 Tile Setter $24.85 59 7 $7.75 Truck Driver-Teamster Group I ----- 19.95 1011 5 $5.75 ------- Group ll $20.65 101 5 $5.75 Group 111 $20.35 101 5 $5.75 Group IV _$2.0__6__5__ 5 $5.75---1 U,-�- -Traffic Control Service Driver Welders-Acetylene& Electric Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at (573) 751-3403, • .'Annual Incremental Increase -SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 11 7/04 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes Ef ective 'Beale Over- OCCUPATIONAL TITI-E Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Welders receive rate prescribed for the occupational title performing operation to which welding is Incidental. Use Building Construction Rates on Building(a)and All Immediate Attachments,Use Heavy Construction rates for remainder of project, For the occupational titles not listed In Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet, a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% b- All work over$3.5 Million Total Mechanical Contract-$30.00, Fringes-$14.68 All work under$3.5 Million Total Mechanical Contract-$28.66,Fringes-$11,83 • 'Annual Incremental Increase ANNUAL WAGE ORDER NO, 11 7104 C'OLF, COUNTY OVER'1'IM11"' SIC-111 1)ULE IMILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards, Act means lisle 1111(1 one-half(I !;)shall be pidd for all work Ill excess of forty (40) hours per work week, NO. 9: Means the regular workday starting time of 8:00 a.fn, (and resuhillp,quitting lisle of'-1:30 p.m.)may be moved forward to 6:00 nmi, or delstyec) one Ilour to (1;01) a.m. All work perlilrmed in excess of the reguhu• work day and on Sahu•day shall be compellmted sit one and one-hall'(!'-:)times the regular pay. In file event little is lost during t11e work week title to weather conditions,file Flinplover nmy schedule work oil the filllowinf,S:lturday at simight time. All work accomplished on Sunday and holidays Shall be compensated file at double Ills regular rate of wages, 'fife work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight (8)hours shall cotlsthme if day's work, with the starling little to he established between 7:00 il,m, and 8:00 amt. from Monday to Friday. 'Piste and one-half (I'.',) shall lie paid for (irsf two (2) hours (it' overtime Monday through Friday and the first eight (8) hours on Sstlurday. All oilier overtime hours Monday through Salurdity 511,111 be paid al dolible (7) lime rule. Double (2) lisle shall he paid for all lisle on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work heck shall commence on Monday at 12:01 a.nl. a11(1 small continue 1111-0111;11 Ills liillo1A11%, Friday, inclusive of each week. All work performed by emplovees ;1rlywhere in excess of li,rty (40) hours in one (I) ►vork week, shall be paid li,r at file rate of one and ollediall (I';) Imics file rel,ular hourly wage scale. All work performed within the regndar working hours which shall consist of if ten (10) hour work day except in emergency situations. Overtinne work and Saturday work shall he paid al one and one-half(I'-j) tilucs the regular hotu•ly rate. Work on recognized holidays and Sundays Slut11 he paid at two(2)limes the regular hourly rate. NO, 18: Means life regular work clay shall he eight (8) hours. Working hours are from Six (61 hours before Noon (1100)to six (6) hours aller Noon (12:00). I'l►e regular work week shall be forty 140) hours, begim►ing between 6:00 a.m. and 12:00 Noon o0 Monday and ending between 1:00 p. 11, and 6;00 11.111. oll Friday. Saturday will he paid at little I one 11n1f (1'111 Sunday and IlulidayS shall be paid at (louhle (2) lisle. S;durday ciui he if make-up day if the weather has forced a(lily off, but only in file week of the day being lost. Any lime hcfiirc six (0)hours bellow Noon of- six(6)hours tiller Noon will he paid at Iirue and one-Italy(I'.4). NO, 26: Means that the regular working day shall consist of eight(8) hours worked between 0:00 a.m., and 5:00 p,nl., live (5) days per week, Monday to Friday, inclusive. I lours of work al each jobsite shall lie those eslablished by the general contractor and worked by the majority of trades. Cl Ile above working hours may be chsinged by muhml 1 ngreenlent). Work peribrnled on Construction Work on Saturdays, Sundays and before and alley the regular working day oil Monday to Friday, inclusive, shall he classified as overtime, and paid for at double (2) Ilse rate ol'single line. 'fife employer may establish hours worked on a jobsite lilr if lilur(4) ten (Ill) hour clay work week at straight time pay Cllr constniction work; the regular working day shall consist of ten(10)hours worked conseculively, between 6:00 a.m, and 6:00 p.m., lour (4) days per week, Mond;ly 10 Thursday, inclusive. Any work performed on Friday, Saturdny, Sunday and holidays, and hefilre soul after the regular working (lily on Monday to Thursdav where it loth•(4) ten (10) Rota'day workweek has been established, will lie paid al Iwo tittles(2) Idle single link rate of pay. The rate of pay for all work performed on holidays Shall he at two times(2)the.single tittle ride of fmy. 1 ' ANNUAL WAGE, ORDF,11 NO. I I AW 11026 l Y1' .toc I'(ige I o1 A Pages COL CMIN'I'Y OWAR'1'IMF SCIII1Sl)lILF, IIUII.IMM,' CONSTId ICTIM NU. 28: Means eight (8) hotus between 7:00 a.m. and 5:30 p.m., with at lead it Ihirty (10) minute period to he taken lirr lunch, shall constitute it day's work live(5) Toys it week, Monday through hiduy inclusive, shall constitute a work week. The Fmployer•has the option ills a workd;iy w�oikvvcck ol�lino'(•I)Ictl 1 10)hour days 1.1-10'sl provided: -Tile project trust he lire it mirlionun „I four 0)cOmsec►llivt-days. -~tilling lime rattly he within one(I) hour either sidv of 8:00 a.m. -Work week must begin on eilher it Mondav or 'Tuesday. If a holiday Balls within ilml week it shall he it consecutive work da)'. (Ahemate: If'it holiday I'allt, in file middle of it lack, Ihen the regular eight (8) hour schedule m:►y he implemented) Any time worked in excess ofanv ten(10)hour work day (in a 1. 10 hour%voil, \%eck)~hall he of the appropriale overtime rate. All work outside of the regular%vorkinc; innus as provided. Monday Ihroill"lt tiulurdity, •;hull he paid at one N" one Roll 1 W)fillies Ilse employee's regular:;►It-ol,pay. All %%ork 1101lornrt-d from 12:00 a.111. Sondm llrluul;lt 8:00 a.nt, Monday,. and recognized holidays shall he paid ut dollhle(2) the s0aillhl frlut- hourly ime of pmN. Shmild employees \%oik in excess of(welve(I:)cnntiecutive goals they shall he paid double Blue("X) tin all Iune allel twelve(I:)hours. ';hill work performed hclween the hour~ ol'•I 10 p.m. and 12:M a Ill, (second ,hill)Stall receive cil,,hl (81 hours pay at the regular hourly rate ol'pir\ bins ten ( 10"„) I►ercent for ~even and one hail (7' .)hoots work. ~hill work pei fnm ed helween the hours of 1.:10 a.nt. and 8 00 a.nt, (third Slrll)Shall receive eight (8)hours pay of file regillar hourly rate of pay plus lilleera 1 I5".,) patent liu ;even 1 7)hoots work. A lunch period ol'llikly (.101 minutes shall he allowed on each shill. All oveilinlc work iccluirrd ;illei the completion of a Icftulnr.Intl Shall lr I)aid Al one and otlt-•half 1 I':)limes the Shill hourly rule. NO, 33: Means the standard work clay Shull be eight (8)c:onserutrve hour, of work hr1\%cctt the hours ol,0:00 o.111. and 6:00 p.m., excluding (he lunch period, or shall confirm to the praclice on ill Ioh silo four H)clays at wit 1 10) hours it clay may he worked ;at slrnigio time. Monday fluough Fridny Mid ot-c•cl nn( he consrculrvt-. All overtime, except li►r Sundays and holidays Shull be al Iht- r;rtc of bole and ant- hall I d' :) I ryt-rtittu• \vorkcd oil tiunditys ;old holidays Shilll be at double(2)time, NO. 40: Means file regular wolking week shall consi;f of Live(5)comiecutive(8)hour day,' Iabur on file joh heginning with NLmday and ending will Friday of each week. Finn (.1) 10-hour days mule, cons6mic the Icgulm work week, file replan working day shall contiL,'t o1 eighl (8) hours huhm on the joh heginning as rill ly as 7:00;imi, mitt t-ncling as late as 5:30 p.m. All lull or part little Inhol'perlinnted 11116111, such hours shall he lecoG;nized!ts rcgr►lar working horll:s and ® paid for at the regular hourly rate. :\1I hours worked on SAMI'duy and Al horns %4,orked in excess ofei)llll (8) hours hilt It()( more.thud twelve( 12) hotlrs dui inp, tilt-►egulur winking work shall hr pail fur nl time amt one-half l 1':) the regular hourly rate. All hours worked on tiuncdays and holidays ;old all hours worked it) cxcrss of twelve ( 12) homS during fire regular working day shall ht- paid at Iwo (2) Inner the regrtlar ht)urle rate. Ire file t-yenl of rain, srlow�, cold or excessivciv v%indy \%caller on a regulm working day, tiaturday may hr designated wi it "make-rip" day. Saturday may ;dSo he designiucd as ,u "make-up” (1ay, for an en)plo!,ev wit() hi►s ntisst-d n dny nl'wort: for personal or other rc;tsons. Pay 1'or"make-op" Chu)s ;hall he al rct!ular rocs. NO. SS: Means the regular work day .,ball he vilp,lt 18) burns helween 6:00;i,nl. and 4:►u p.nl I ht- lirsl two(2) hours of wont performed in dress of lilt- erghl (8) hour work day, Nlondity thmnl;l► Friday, noel 11w lirsf Ieru (10) lotus of work on Saturday, Shall le paid ill one ,l one-halt t I':) tulles file ,,uail;ht title rife All %cork perlbimed on Sundav, observed holida)'S and in cxcc^;i of It'll 110) hour a day. Monday (hrough ;;rturd;iy, Shull hr paid it( double (2) the straight tittle rate. tNl). 57: Means eight (8) hours per day Shall conslifule it day':, wort; and filly (•11)) horns per week, Monday through 1'riday, shall conslilute it week's %vork 'Ihe regular Stalling* lime shall he 8:00 a.tu I'le above play lc changed by mtnuul consent of, aulhoriied pelsonneL When circuntsfances wurruu, file Employer m;w change Ilse regular workweek to Imir (4) ten-hour days ;u the regular Bolt- rate of pay. II being undelstood Ilat all outer pertiner►t infornuttion must be adjnsled accordingly. All lime walked hefort- and tiller the eslablkhed workday of'eight(8) hours, Monday through 1.1-iday, all little worked on 5alurday,shall he paid at the rate ol'Iillte and one•lnif(1'2)except in cases ' where work is purl ofun employee's rep.111ar Friday shill. All time worked on Sunday and recol:nizec) holidays shall be paid at(Ile double(?)little rifle Ill pay. ' ANNUAI. \VAGE, l)ItDFM No . 1 I AWI 1 02 h()T,doc Pape'of I Paper r COLE, COUNTY OVF,It'I INIE,, SCIII-,UULE IIUILUING CONSTRUCTION NO. 59: Means that except as herein provided, eight (8) hours it (Illy shall constitute a standard work day, and fi)rty 00) hours her week shall constitute it week's work. All time worked outside ol'Ihe standard eight (8) hour work day and on Sillurday shall be classilied m ovcrtimc and paid the title of time and one-hall ( I!',). All tune worked on Sunday and holidays shall he classified as overlim e and raid at the role of double (2) lime. The Employer has the option of working either live (S) eight hour days or four (4) felt hour days to constitute it normal forty (40) I►o►ar work week, When the (bur 0) ten-liour work week is in efled, the Slandatrd work day shall be consecutive ten (10) hour periods between the hours of 6:30 ct.m, and 6:30 p.m, Forty 00) hours per week shall conslittile a weeks work, Monday through 'I hursday, inclusive. In lite event the job is down for any reason beyond (he Hipfoyer's control, then Friday mid/or Salorday may, at the option ol'the Pn►plover, be worked as it make-up clay; straight lime not to exceed tell (10) hours or fi►rty(40)hour:%per week, When the live day Oil hour work week is in clTecl, forty 00)hours per week shall conslilu a te week's work, Monday through Friday, inclusive, ht (lie event the job is down for any reason beyond the Rmployer's control,then Saturday (oav, at the nplion of*tile limplover, be worked as a make-up day;straight Iinut not to exceed eight (8) hours or folly 00) hours per week. file reu(rlar darling; lime (and re.titrlling quilting tirr)e) may he moved to 6:00 a.m.or delayed to 9:00 a.m. Make-up days shall not he utilized for day% lost (file to holidays. NO,011: Means the Employer shall have lite option of working live 8-hour days or F(mr It)-hour days Monday through Friday. 11'all Employer elccls to wort: five 9-hour days (lilt ing; any work week, hours worked more than eigltl (8) per day or lbrly 00) per week shall be paid at lime and one-half(1'.z) file hourly wage rate plus Cringe henelits Monday through Friday, SATIIKUAY MAKI?-1 IN 1)AY: Ilan l'mplover is prevented 1)om working, lorly(40)horu.s, Monday through Friday, or any part thereof by reason of inclement weather(rain or null), Saturday or rmy part thereol'nay he worked as it make-up (lay m the straight lime rate, It is agreed by the parlics thnl file make-up day is not to he used to make, up time lost title to recognized holidvyS, I I'an I?ntploycr elects to work lmir I0-hour days, between the hours of 6:30 a.m. and 6:30 p.m. in any week, work performed more than ten 110) hours per day or forty 00) hours per week shall be paid at lime and one half (I'.h) the hourly wnige rate plus fringe benclits Monday through Friday. If an Employer is working 10-hour days and loses a day(lilt- to inclement weather, lite Employer ntny work tell(10)hours on Friday at straight time. Fridary roust he scheduled liar no more thou ten 1 10)hours at the straight lime rate, hill all hours worked over the lbrty (,to) hours Monday Ihroug;h 1,riday will he paid at tint( and one-ball'(I!�!) the hourly wage rate plus fringe benefits. All Millwright work perti)rn►ed in excess of the regular work clay and nn Saturday shall he compensated For at time and one-hall' (1',2) the regular Millwright hourly wage rate plus lringe hcncfits. The regular work day starting of 8:00 a.m. (and resulting;quitting time of'-1:30 pant,)may he moved forward to 6:00 tarn. or delayed one(I)hour to 9:00 am), All work accomplished oil Sltnd:►ys mid recognized holidays,or dayS observed as recognized holidays, shall be compensated liar aft double (2) the regular hourly rate of wages phis triage hcncfits, WIT": All overtime is Computed on the hourly wage rate plus au► antounl equal to the Cringe benefits. rNO. 86: Means the regular work week shall consist of live (5) Buys, Monday through Friday, beginning lit 8:00 amt, and ending; at 4:311 )).lit, The reg;ulnr work day beginning; time may he advanced one or two hours or delayed by one lour. All overtime work perforated on Monday through Saturday shall he paid at lime and one-hall'(I'A of(lie hourly talc plus an anaotint equal to one-hall' 1'':1 of the hourly folal Indicated Fringe lienelits. All work perlormed on Sundays and recognized holidays shall be paid a► double (2)the hourly rate plus all am olml equal tm lite hourly Total Indicated Fringe Benefits. NO. 91: Means eight (8) hours shall constitute a clay's wart: commencing al 8:00 a.m. and ending at 4:30 p.m., allowing one-hall'(1/2) hour for hutch. The option exists for the Fillpl(lyer to use a flexible starting, lime between the hours of 6:00 am). and 9:00 a.m. I ll: reg idar ►work week Shall consist lit' forty ('10) hours of live (5) work days, Monday through Friday. The work week nary consist of'lour(4) ten ( 10) ho►u.clays from Monday through 'Thursday, with Friday as it make-up day, ll'the stake-up day is it holiday, (lie employee shall be paid lit file double (2) time role, The employees shall be paid lime aid one-half(1':) for work perlomied hefi)re the regular starting little or titter the regular quitting time or over eight(8) hours per work day (unless working it 10-hour work day,(lien Bute and one-half (1!i,) is paid fm work perluried over tell (10) hours a day) Or over forty (110) hours per work week. 1Voik performed oil Sillurdays, Sundays and recognized holidays shall he paid al the dotahle(2) lime rule m.pay. ANNUAL WAGE OItDEA4 NO, I I AW 1 1 02(1 i)'Fduc Villlc.i ill 4 P00% COLE COUNTY OUNTY OVE*111TIN1E' SCI ll'DULF,, BUILDING C.ON�ti' .RUC I•ION NO. 94: Means eight (8)hours shall constitute it clays work between Ills hours of8:00 a.m. and 5:00 p.m. The regular woikdlry starting time of 8:00 a.m. (and resulting (luiltitlg tittle of 4:30 p.m.) may he moved f6rwar'd to 6:00 ium or 1 deluyc(I onc (1) hour to 9:00 a.m. All work performed in excess ol'the regular wcuk clay and oft Saturday rhall be Cott]pellsated lit one and one-hall'(IV,) times life regular pay. In the emit Iime is lost during the %vork week clue to weather conditions, life 1:mployer may schedule work oil the following Saturday m stmighl time;. All work ' accomplished on Sunday and holidays shall he rompctfsated at double tlfc regular r111e ol'fynl;es. NO. 101: Mcans thal except as provided below,eight (8) lot rs a day Shull constitute a standard work Try, and limy 14(1) hours per week shall constitute a week's work,which shall begin on Monday and end oil Friday. All time worked outside of the standard work clay and on Saturday shall he classified as overtime and paid file rate of tittle and one-hafl•11''i) (except as herein provided). All time worked on Sunday and recognized holidays shall he Classified as overtinfe and paid at file ripe of (fouble (l) tittle. I Ile regular stalling tittle of,8:00 a.[fr. (and resulting quilling tittle of 4:30 p.n1.l pray be moved forward to 6:11(1 a.m. or delayed one( I)hour to 9:00 a.m. 'I he knfployer has rile option of working either live(5) eight-hour(lays or lour l4►ten-hour clays In constilule a rinrnull forty 011)1 hour work week. When it four(4) tell-hour day work week is in effect, the standard work day shat) he consecutive tell (10) hour periods between the hours of 6:3O a.m. and 6:30 p.m. Forty 00) hours per week shall constitute if week's work Monday through Thursday, inclusive. In the event die job is down lbr any reason heyond the Fillployer's control, then Friday and/or Saturday mily, M the option ol'the Finployer, be worked as if make-up clay: straigh( time not to exceed tell (10)hours per day or limy (4o)hours per week. Sj;l ting little Will he d0igmfed by the employer. When the live(5)day eight(8) hour work week is in el'fi;cl, lurty(40) hours per week shall constilute a week's work, Monday diroligh Fridary, inclusive. In file event the.job is clown fin•any reilsoll hcyond the Fnlployer's conUol, then Saturday [fury, at the option ol'the kniplover, he worked as a snake-up clay; straight lime not to exceed eight (8)hours per day or forty 140) hours per week. Makc-up days shall not be utilized for days lost (fire to holidays. NO. 110: Means eight(8) hours hetweetl the hours of8:00 a.m. and 4:.10 p.m. shall constitute it work clay. The starling time may he alvanced one (I) or two (21) hours. I?n►plovees sfuili have it lunch period of thirty (30) minutes, The • Employer play 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 commence al 8:00 a.m. on Monday and shall end at 4:30 I nl. on Friday (or 5:00 p.111, oil Friday if'the F'luployer grants a lunch period ol'one (I) hour), or as a(Ijusted by starting tittle change as stated above. All work pertirrnled before 8:00 a.m. and afler 4:30 p.m. (or 5:00 I nl. where one (I) hour lunch is granted lire lunch) or as a(Ijusted by starting little change as stated above or oft Salurdirv, except its herein provided, shall he conlpensaled at one and one-half ( I":) times file regular hourly rate of pay for Ills Wort: perliatticd. All work perlorttled on Sunday and oil recognized holidays shall he colrll,ensated of double( 11) the regular hourly rate of pay for fife work perlilrttied. Kim Finployer is pievenied from Working filmy ('10)hours, N9onday through Friday,or :illy part thereol'by reason of inclement wealller(rain and imid), 5atlttday or any part thereof nnly he worked as a nuke-all day :U the straight little rule. Mlle F.nnployer shall (lave the option of'working live eight (8)hour days or filar ten (10) hour ' days Monday through Friday. 11'an Finployer elects to work W.te (5)eight (8) hour day's (haring any work week,hoots worked more than cihlll (8) per clay or forty (all) hours per week shall he paid at little and onc-half(I'.:) the hourly rate Monday through Friday. 11,1111 Fill ployer elects to work Haar 14) ten (Ill) hour days in imy week, work performed more than fen (10)flours per day or li,rty(40)hours per\veck shall he paid at little and onc-hall'(1'Z) the hourly rate Monday through Friday, If an Employer is working left 1 10.1 hour(lays and loses it day (file to inclement Weather, they may Work tell (10) hours Friday ill su•aighl tillle. Friday must he scheduled I'or at least eight (8)hours and fto more (foul tell (10) hours al the straight little rate, bill all hours Worked over life filmy 001 hours Monday through Friday will be paid at ' little and one-hall'(I t:)overtime rife. NO. 122: Nlcaim forty(40) hole:s between Monday and Friday shall constitute life nornr.11 work Week. Work slfall he scheduled between the hoots of 6:00 a.m. and 6:30 p.m., with one-half*(tour fitr hunch, Work in excess of eight (8) ' hours per(lily and liwty (•ill) holfrs per week, mug on Saturdays, shall he paid alt the talc of one and one-hall'tiuu;s the ftornfal rate. I)uc to inclement weather(luring the week, Sallm lay shall he a voluntary mike up day'. ANNUAL WACE (MI)FIR NO. I I AW 1102h t rf doc Pare'l of 4 Pages i CO COIINTY I1C)1,IIDAV SC'II11,10111" •- BUILDING CONSTRUCTION O. 3: All ,vork done oil Ne\v Year's I klv, Decoration Day, July 401, I,ibor Day, Veteran's [),I\,. 'Thanksgiving ay and Christmas Daly shall he paid at the douhlc tinlc rate o1'paty. Whencvcr any such holidays 11111 on a Sunday, the following Monday shall he obscrvcd as a holiday. i NO. 4: All work done on Nr:w Year's Dav, Memorial Day, Independence Day. l.ahor Day, 1 � � Thanks �tvin an Christmas Day shall he paid at the double tittle rate ofpay. Ifany ol'the above. holidays lull on Sunday, Monday will be observed as the recognized holiday, II'anv of'the above holidays loll on Saturday, Friday will he observed as file recognized holiday. NO. 5: All work that shall he clone on New Year's Day, Memorial Day. Fourth of*July. Labor Day, Veteran's iDay, 'Thanksgiving Day, and t_'hrisUuas Day shall he paid at the double (2) time rate of Daly. NC). 7: All work clone on New Year's Day, Memorial Day, Independence Day, Labor Day. Veteran's Daffy, Ihanksgiving Daly, and Christm as Day shall he Maid at this dUUble tittle rate ol'pay. lfal holiday lulls on a Sunday, it shall be observed on the Monday. If'a holiday lads on a Saturday, it shall he observed on the preceding Friday. NO. 8: All work per6ormed on New Year's Daly, Memorial Day, Independence Day, Labor Day, Veteran's Day. Thanksgiving Day, and Christmas Day, or the days ohscrved Ill Ilelt of these holidays, shall be paid at the double tine rate of pay. iNO. 15: All work accomplished oil the recogni:ced holiday~ ul'New Year's Day, Decoration Day (Memorial l)ay), Independence Day (Fourth ol'hily), Labor Day, Veteran's Day, 'Flianks):iving Day and Christmas Day, or days ®bserved as these named holidays, s11a11 he compensated for at double (2) the regular Iwurly rate ol'\yagcs plus ringe benefits. Ifa holiday falls on Saturday, it shall he observed on the preceding Friday. 11a holiday falls on a Sunday, it shall he observed on the Fallowing Monday. No work shall he performed on Labor Day, Christmas iDaly, Decoration Day or Independence Day except to preserve lilt or property. NO. 19: All work done on New Year's Day. Memorial Day, July 401, Labor Day, Thanksgiving Day, and i Christmas Day shall he paid at the double time rate of pay. The employee may take ol'I'Friday fallowing Thanksgiving Day. I lo%vever, the employee shall notify his or her Foreman, general Foreman or Superintendent Oil the Wednesday preceding 'I'ltalnksgiving Day. When one.; of(he above holidays f'111s on Sunday, the 1011owing i MOJI&IV s11a111 be considered the holiday and all work perli)rnlcd on solid day shall be M the dollhlc (2) time rate. When one of'tile holidays fulls on Salturdim the preceding Friday shall he eollsider'ed the holiday and all work performed on said day shall be at the double (2) time rate. iNO. 23: All work done on New Year's Day, Memorial I)ay, Independcncc Day, Labor Day, Veteraal's Day, Thanksgiving Day, Christmas Day and Sundays shall he recognized holidays and shall he paid at the double time irate ol'pay. When al holiday lulls on Sunday, the lollowinl; Nlouday shall he considered a1 holidaly. NO. 54: All work perlornled on New Years Day, Memorial Day, Independence Day, I,ahor Day, Veteran's Day, r 'Thanksgiving Day, the Friday alter Tlianksgivint:, Day, and C'hris(inas Day shall be IMid at the double (2) time rate of'pay. When a holidary lulls on Saturday, it shall he observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. i iAWO It 02h hdy doc ANNI IAI.\VM W(MI) It No I I Page I ol'21'ages COLE COUNTY 11101,IDAY SC'11EDU1,E— IIUILDINC: CONSTRUCTION 460. 60: All work performed on New Year's Day, Armistice Day (Veteran's Day), Decoration Day (Memorial ay), Independenee Day (Fourth ol'.luly), 'Thanksgiving Day an([ Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday fulls on Sunday, the following Monday shall be observed as the holiday. NO. 66: All work performed on Sundays and the iollowinb recognized holidays, or the days observed as such, of New Year's Day, Decoration Day, Fourth of July, Labor Day. Veteran's Day, 'I'hanksgiving Day and Christmas Day, shall be paid at double (?) the hourly rate plus an amount equal to the hourly "Total Indicated Fringe Benefits, Whenever any such holidays lull on a Sunday, the following Monday shall be observed as a holiday, NO. 69: All work performed on New Year's Day, Decoration Day, July Fourth, Labor Day, Veteran's Day, 'Thanksgiving Day or Christmas Da% shall he compensated at doubly (?) their straight-time hourly talc of'pay. Friday after'Thanksgiving and the day before Christmas will also be holidays, but if the employer chooses to work these days, the employee will be paid at straight -time rate of pay. I f a holiday lulls on a Sunday in a particular year, the holiday will be observed on the fiillowing Monday. NO. 76: Work performed on Holidays shall lie paid at the rate ol'tNvo tinu;s the normal rate. Holidays tire: New f Years Day, Memorial Day, Independence Day, Labor Day, "Thanksgiving Day, Day a[let,Thanksgiving, Christmas Day. Ua holiday 111115 on a Sunday, it 311,111 be celebrated on (lie following Monday. if it lulls; on Saturday, it shall be celebrated un the preceding Friday. AWO 11 026 hdy.doe ANNUAL WAGE ORDI k NO. I I Page 2 ol'21'ages Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County _ dive Basic Over.. OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule CARPENTER Journeymen _ __ 5/0_4_ $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 5/04 $22.10 21 5! $13.75 Group 111 _ 5/04 $21.90 21 5 $13.75 Group IV _5/04 $18.25 _ 21~ 5 _ $13.75 rOiler-Driver 5/04 $18.25 21 _ 5 $13.75 LABORER _ n 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 $6.75 Group 11 _ 5/04 $23.53 22 19 $6.75 Group III 5/04 _ $23.52 22 19 $6.75 Grou 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, `Annual Incremental Increase ANNUAL WAGE ORDER NO. 11 7/04 COLE COUN'1'V OVERTIME, SCHEDULE — IIEAVV CONSTRUCTION M(11 2: Means n regidar work week of litrty (40) hours will start oil Monday and end on Friday. The regular rMW rK clay shall be either eight (8) or tel (16) hours. II'a crew is prevented Trout working litrty (4O) hours Monday (hrough Friday, or fifty part thereof, by reason of inclement weather. Saturday or any hart thereof)may be worked as it make-up day at the straight time rate to complete Forty (40) hours of work in a week. C:mployces who are part ol'a regular crew on a make-up day, notwithstandi fig the I,act that they 11111%, not have been employed the entire week, shall work Saturday at the straight tittle rate. 'Time &- one-h;IIf*(1'/z) shall be paid For all hours in excess ol'eight (8) (tours per day (ifwor•king 5-8's) or ten ( 1O) hours per qtly (il'wor•king 4- 10's). or forty (40) hours per week, 1 01](11ly through Friday. For all titme worked oft Saturday (unless Saturday of-any portion ol'said day is worked as make.-up W complete lorty hours), title and one-11;111'( i ',':) shall be paid. For all time worked opt Sunday and recognized holidays, double (2) lime sh;lll he paid. NO. 7: Means the regular work week shall titan 011 Monday 01id end mi Friday, except where: the Employer elects to work Monday through 'Thursday, ton ( 10) hutrr•s per clay. All %vork over ten ( 10) hour:; in a day or fluty (40) hours in a week shall be a( the overtime rate of one and one:-half( 1 Vi) times the regular hourly rate. The regular work day shall he either eight (8) or ten ( 1 U) hours. I f a•jot, can'( work forty (40) hours Monday through Fr•idav because of inclement weather of-other conditions 110/011(f the control of the Employer, Vriday or Saturday may he worked as a make-uIt clay at straight time (it'work11ig 4-1O's), Saturday nmv he worked as a make-up day at straight tittle (il'working 5-8's). Make-up clays shall not he ufilized li►r days lost from holidays. I'Lxcept its worked as a make-up day, time on Saturday steal I he worked at one and one-lull C( l!/) tittles the regular rate. Work perlornted on Sunday shall he paid at two t?) tinter; the regular rate. Work perlormed on recognized holidays or days observed as such, shall also he paid tit the double (2) little rate 01'hay. WO. 21: Means the regular work week shall consist of live (5) eight (8) hour days, Monday 11tl•uugh Friday. he regular work flay fir which employees shall be compensated at straight lime hourly ra(e ol'pay shall, unless otherwise provided li►r, begin at 8:00 a.m. and eud at 4:30 lmiit l lowever, (lie project starting time may be advanced or delayed tit (Ile discretion ol'the I-,rttplover. At the discretion ol'lhe Finployer, when working a live (5) day eight (8) hoar schedule. Saturday may he used tier a make-up clay. The I?ntploycr may have the Option to schedule his work from Monday through Thursday at ten ( It)) hours per day at the straight time rate ' of pay with all hours in excess of ten ( 1 U) hours in any one day to he paid at (lie applicable overtime rate. If the I ntployer elects to work from Monday through 'Thursday ;end Is s(oppel (file to circumstances beyond his control, he shall have (he e)ption to work FI•iday or SatuMdav at (he. straight tints 11111. 01)ptry to complete his ' forty (4U) hoots hc1 work week, Overtirrte will he at one and one-half( 1 ":) tines the regtl1, rate. II'wurknte n are requited to work the recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate ctf pay 101- such work. ' NU, 22: Means a regular work week of litrty (110) hours will start 0n Monday and end on Friday. The regular work day shall he either eight (8) or ten ( 1O) hours. [(',I crew is prevetttcd 11-0111 working forty (40) hours t Monday through Friday. or any part thereof by reason of inclement weather. Saturday 0r any par( thereof may be worked as a make-up day at the straight time rate. I niployces who tore part of a regular crew oft a make-up day, notwitltstandittg, the gist that they may not have been employed the entire week, shall work Saturday at the straight time rate. For all lime worked on recognized holidays, or days observed as such, double (2) time shall be paid. 1 i AW 11026 hvyticdac ANNUAL WnUI-i OI DFR Ni). 1 I Page I ol'I Pages COLE COUNTY HOLIDAY SCHEDULE-• HEAVY CONSTRUCTION O. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving y, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday. Monday shall be observed. NO. 5: The 1o11owing days are recognized as holidays: New Year's Day, Memorial Day, fourth of July, Labor Day, 'I'lhanksgiv ing Day and Christmas Day. 11'a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case, of jeopardy to work under,construction. "Phis rule is applied to protect Labor Day. When a holiday falls during the normal work week. Monday through Friday, it shall be counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the. four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty (40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, 'I'hanksgiving Day and Christmas Day. Ira holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case o1'jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or na or ys observed as such, they shall receive double (2) the regular rate of pay for r such work. NO. 19: 'I'I►e following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls ors a Sunday, it shall be observed on the following Monday. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays, or clays observed as such, they shall receive double (2) the regular rate of pay for such work. eA H 026 1rvy hol doe ANNUAL WAGE ORDER NO. I I [Inge I of I Pages REPLACEMENT PAGE OUTSIDE ELECTRICIAN These rates are to be used liar the following countics: Adair, Audrain, Boone, Callaway, Carriden. Carter, Chariton, (_'lark, C'olc, Cooper, Crawford, Dent, Franklin, Ciaseonade, Howard. I lowell, Iron, Jefferson, Knox, I.c%vis, Lincoln. Linn, Macon, Maries, Marion, Miller, Moniteatt, Monroe, Montgomery, Morgan, Oregon. Osage, ferry, I'helps, !like, Pulaski, Putnam, Ralls, Randolph, Reynolds, Ripley, St. Charles, St. Francois, St, Louis City, St. Louis County, Ste. Genevieve, Schuyler, Scotland, Shannon. Shelby. Sullivan, 'Texas. Warren, and Washington COMMERCIAL WORK _._._..__Occupational "title--- -- Basic 'Total Rate Benefits *Journeyman Lineman -- - $24.96 $4.25 -I 41.3% *Lineman 0pr_r, or $25.93 $4.25 -I- 41.30/. *Groundman `1;20.52 $4.25 +41.3% UTILITY WORK Occupational_Title Basic ! Total I{ou►'Iv Fringe _ __- _. -_._._...___.___ __-- Rate Benefits *Journey_tnan Lineman +37.3% *Luicmatt Operator $24 .1.3_ $4. )5 + 37.3% *Groundman $1 5.66 =1.25-± 37.3(X) OVERTIME. RA'T'E,: light(9) hours shall constitute a work day between the hours o1'7:00 a.m. and 4:30 p.m. Porte (40) hours within five(5)days, Monday through Friday inclusive, shall constitute the work week. Work performed in the 9th and l Oth hour, Monday through Friday, shall be paid at time and one-hal('(1'/7) the regular straight time rate of pay. Contractor has the option to pay two(2) hours per clay at the time and one-half(11./2)the regular straight time rate orpay bethvicen the hours ol'15:00 a.m, and 5:30 p.m.. Monday through Friday. Work performed outside the regularly scheduled working hours and on Saturdays, Sundays and recognized legal holidays,or days celebrated as such,shall he paid for at the rate of double(2)time. HOLIDAY RA'Z'E: All work performed on New Year's Day, Memorial Day, Fourth ol-.luly, Labor Day, Veteran's Day, Thanksgiving Dav, Christmas Day,or days celebrated as such, shall be paid at the double time rate ofpay. When one ol'the foregoing holidays Iblls on Sunday, it shall lie celebrated on the following Monday. *Annual Inci emental Increase ANNUAL, WAGE ORDER NO, I 1 704 Of I'I'S'I't.A W l l m l.dnc 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. 62013, 302 East High Street Pocket Park and ® Adjacent Parking Lot Improvements. 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. rAFFIANT Subscribed and sworn to before me this day of , 20 T _ NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) ' ) COUNTY OF ss_ ) r r r 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. 62013, 302 East High Street Pocket Park and Adjacent Parking Lot Improvements. 3. That I have read and am familiar with Section 290.290 RSMo (9994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable rof performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT rSubscribed and sworn to before me this day of __' 20 NOTARY PUBLIC ' My Commission Expires: APPROVED BY; Director of Community Development, City of Jefferson, MO 1 1 PF RE-QR--MA-N-QE.-RAY—M-EN!AN-Q--Q-UARAN-T-EE-RQ- NR KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned hereinafter, referred to as "Contractor" and a Corporation organized under the laws of the State of and authorized to transact business in the State of as Surety, are held and firmly bound unto the hereinafter referred to as"Owner" in the penal sum of DOLLARS ($—"-- lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and Our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the day of- 20--.-, entered into a written contract with the aforesaid Owner for furnishing all materials,equipment, tools, superintendence, labor, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the said Contractor shall and will, in all particulars,well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consured or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or ' its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provider.) by law: ® PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of an act or 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 seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at on this the day of , 20 SURETY COMPANY CONTRACTOR BY (SEAL) BY (SEAL) BY (SEAL) BY (SEAL) ' Attorney-in-fact (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) • GENERA4PR-0YSJ-QN5 iFQRWAR-Q The following Articles GP-1 through GP-49 are "General Provisions of the Contract", modified as set forth in the Special Provisions. GP-1 CONTRACT DC ME ITT rIt 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 'fable of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all ' materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located, Three(3)copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1)with the City Clerk of the City of Jefferson t One (1)with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 Q ENLTLQN5 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). G. "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. "Dale of Award of Contract"or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 8. Day or"days", unless herein otherwise Expressly defined, shall mean a calendar day or days of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans"or "drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarlythe 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 tine 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 TEE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himselt as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained, The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no ' supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted 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 (30ND 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. GP-6 i1NaURAN�E ' 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 file City. The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. ' All certificates of insurance required herein shall state that ten (10) days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. ' All of said Contractor's certificates of insurance shall be written in an insurance company authorized to • do business in the State of Missouri. eGP-6.2 BODILY INJURY LIABILITY 8 PROPERTY DAMAGE LIABI�jTY IN5URANCE (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 par occurrence. (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 �.L�!_T1 MJ9-ffq-ER 2L�GjII�E:�9�4Y1L���BY�fA�1►sUY�s_P_ S�L��SIY�QP-ERL DAMAGE LIABILU1f IN$U}3ANCE: IS�Q�-EjRJ�14%��f3AT1Q�LS Q� l� �R��9S_L4 ) (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 _Q IRAQ QTAL L.IABIL ,.Y Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 QWNER-S PRQT—CTIVE L.�BILITYAN_D p$QEERIY PAMgGE-jNSURANCF- The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and ® Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Fart 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. A (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 BOOM-y_IN_Jl tY IJARILLI7y & AUTOMOBjIE PROPERTY DAMAGE (LIABILITY JNSURANC.E Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than$300,000 per person and $2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. rThe above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 P A I I D W CO PE N iYj_44.YE �_► Aft_ -.AN �?�� N!_1� A71� Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's liability with a limit of$300,000 per person. The "All State" endorsement shall be included. In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 1 N_&OATER INSDANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during Installation, during testing and until the work is accepted. It shall be of the "All Risks" type, with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work 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 $10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. 1 GP-6.10 CONTRACTOR'S�_ESPONSIBILITY FO HER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever (except as hereinbefore provided) to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. GP-6.11 CSC IVT�I ACTOR'S RrzSpON51ELL1LY_ON_D�MAGkS 8 CLAIM$-jN—QEMNIFYING �.1TY 1 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 NQTIFIGAI ON IN EVENT OF UA- WL.ITY QRDAMAGE ® Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City,In writing such happening,which notice shall forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. GP-7 A S IGN ENT OF CQN�LQT The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL. MAERSIAL.S & - W P E T 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 lie is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever, GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results, His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. tWherever 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 L E LQLL4I1J_PELMLT D -REGUL AnW The Contractor shall procure at his own expense all necessary licenses and permits of a temporary ' nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Eights-of-way and easements for permanent structures or permanent changes In existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements, and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work, and in case of an award of damages, the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. 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 to the true spirit, meaning and intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHED JLES 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. Ile 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,rode, specification, or tentative specification Iadopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION RE PRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of there by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the City, whenever so ordered by the Engineer, without reference ' to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work,even though the same may have been previously overlooked and estimated for payment. ® The Construction Representative shall have no authority to permit any deviation frorn 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 - NES _NID G-RADES ' The Department of Community Development will set construction stakes establishing lines,scopes,and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deenied necessary, and will furnish the Contractor, with all necessary information relating to liners, 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 lie is to perform under • this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged,lost,displaced,or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines, offset stakes, bench marks, or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTORS 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, lie 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 P AME�t ® All power for lighting, operation of the Contractor's plant or equiprrrent or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANaLLIP 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 M_ I TE p1V�E OF TRAFFIC ' Whenever any street is closed, the Police Department, Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic, the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project, wherever hornes 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 BARRI-A E5-AN"1GN1'S 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 limes 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 FEXISTING UNDERGROUND INSTAL I.ATIONS AND STRUCTURE5 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-9F WORK Q PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public,and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs, warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public ur private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement ' or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened loss or injury, and he shall so act. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARAKEE 0 E MATERIALS NA D WORKMANSHJP 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 NLC? WAIF,IER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City,or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GP-25 -.$E OF QMFLETED PORTIONS If desired by the City, portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects ' due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer, which order shall state the location, character, amount, and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the ' Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done,and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall not . constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase, delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15)days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump suns 3. Method C: If neither Method A or B can be agreed upon before the work is started, then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction, as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10)days notice to the ' Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner e 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 QO 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 lie may have, make good such deficiencies and may deduct the cost thereof from the • payment then or thereafter due the Contractor. GP-29 9AWJ $SRLGI=TERMINATE CONTRACT r 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 rases 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. 1 GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority,for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may,upon five(5)days written notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, of from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK 1 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 1110 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 NFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confino his operations to work which will not be affected adversely thereby. No portion of the work shall IM constructed under conditions which would affect adversely the quality or efficiency thereof, unless ;ipocird rrreans or precautions are taken by the Contractor to perform the work in a proper and gatisfactory manner. GP-34 MATERIAIL AND EQUIPMENT 40 Unlos:i spocificnily provided otherwise in each case, all materials and equipment furnished for pormanont 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 olhor than that intended or specified,unless such use is specifically authorized by the Engineer cn Cncl7 CnSe. GF -35 QRF_"SF OF_S.tJlTS In case any action at law or suit in equity is brought against the City or any officer or agent of thorn for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed,or for the injury or damago caused by the negligence or alloged 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 C A.NG,E..Q.RPRR Any changes car additions to (he, scope of work shnil b0 through n written order from the Engineer to the Contractor direc:Unq such cham.)cis in thework as nmde necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. rGP-37 WNTRAQT.TIME, The lints) for the completion of tho work is specified and it is an essential part of the contract. The t Contractor will not be 0ntitled to icny exionsfon 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 tit(,work is based upon working days, this time will be specified in the contract. A working day is drifined as any clay when, in the judgment of the Engineer, soil and weather conditions are such as would pormit Duty then major operation of the project for six (6) hours or over unless other unavoidiable conactitlons prevent the Contractor's operation. If conditions are such as to stop ' work in less than six (6) scours, the day will not be Counted as a working clay. No working clays will be coedited from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not bo counted ;is working days any time during the year. e GP-38 CQ.NTR.AJ TIME ExTEN5JQN The Engineer may make; allowance for time lost due to causes which he oeems justification for extension of contract tiui0, If the! Contractor claims an extension of contract time on the grounds that he is unable to work due to causes boyond his control, lie shall state his reasons in writing, furnish proof ' to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an oxtonsion of conlrnct time on the above grounds shall be filed with the Engineer at 1110 time the cause or rausos cnx:ur and tho claim shall be filed in writing within 30 days after the clrtinced cause for t110 delay has coiasc,d to t!xtst GP-39 LI UNDATED DAMAGE.S e Time is .,in essential elenlent of tho contract and it is therefore important that the work be pressed vigorously to completion. Should tho Contractor or in case of d0fault the surety fail to complete the work within 1110 timo specified in tho contract, or within such extra time as may be allowed in the manner set out in the preceding suctions, .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 uncornpleted after the time allowed for the completion. The said nniount sot out in the proposal is hereby agreed upon, not as a penalty but as S liquidated damages for loss to tho City '.aid the public.;, rafter the expiration of the time stipulated in the contract, and will bo deducted front any money clue tfte Contractor under the contract, and the Contractor and his surety shall bo lia1)10 (or iuty and all liquidated damages. Permitting the Contractor to continue and (11118,11 010 work or any part of it after tho 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. 1 GP-40 MEASU� EMENT 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) DED TIONS 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 ITEM$. Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools, and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT ® Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. ' (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature,stating that.the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-41 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. GP-42 CERTIFICATIONS ' GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-43 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of 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. GP-45 AWARD OF CONTRACT- REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this • requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, 1 complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson,Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW Upon completion of project and prior to final payment, each contractor and subcontractor hereunder shall file with the City of Jefferson,Missouri,Department of Community Development,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. ' GP-48 L IABILiTY FOR COMP,t-IANGE WITH PUBLIC WAMS CQNTF7Q�TS LAW AN M$s9_Q_1JRI LAB REQUIREW—ENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson, Missouri, or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement,shall hold harmless and indemnify the City for any liability assessed against It or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions, whenever there is a period of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of Jefferson, Missouri, for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. i END OF GENERAL (PROVISIONS lie 1 i I SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SPA TECHNICAL. SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in the contract documents. All construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 WORK AND STAGING AREA The Contractor shall be allowed to use the work site and approximately two parking spaces adjacent to the new drive approach, as designated by the Director of Streets and Parking, as a staging area. The sidewalk on Monroe and High Streets adjacent to the project shall remain open to pedestrian traffic throughout the job with the exception that the Monroe Street sidewalk may be closed for up to five days for sidewalk removal and replacement. SP-3 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the sidewalks and driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such intentions and that the use of the sidewalks and driveways or access will be temporarily affected. 48 hour notice shall be given to business owners and tenants as well as a estimate of length of walk closure. The contractor shall use all reasonable means including but riot limited to phasing of work, scheduling closures early or late in the day, use of temporary bridging and construction techniques and high early strength concrete materials to minimize the disruption and the time a business entrance must be closed. In the event the business has only one public entrance, pedestrian access shall be maintained to the maximum extent possible. Suitable access shall be provided across trenches, opened areas and other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-4 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-5 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. The necessary adjustment of utility services such as water, gas, telephone, electric, sanitary sewer, and communication lines, including meters, valves, manholes and other appurtenances not specifically called out on the plans shall be subsidiary to the ' work. SP-6 SUBGRADE STABILIZATION Payment for crushed stone for subgrade stabilization shall be per ton of material provided, based on tickets submitted to the City at the time the work is done. Payment shall be at the unit price bid which shall include all labor, materials, tools and equipment necessary to stabilize:the area including removal of unsuitable material, disposal of the material off-site and subgrade preparation. SP-7 3" ROLLED STONE BASE Payment for 3" Rolled Stone Base shall be made by square yard measured from back of curb to back of curb, plus one (1)foot. Any additional thickness necessary under the curb and gutter section, that might be needed if the curb and gutter section is planed separately, shall be subsidiary to this item. No additional payment will be made. SP-8 TEMPORARY FENCING BARRICADING The contractor shall provide proper barricading and fencing during the construction of this project. All areas of pedestrian sidewalk access shall be barricaded off for the general public's safety. All temporary fencing and barricading shall be subsidiary to the construction and no direct payment shall be made for it. SP-9 BENCHMARK STAKING The Contractor shall provide all staking for the project. Control points for horizontal and vertical control are noted in the plan set. SP-10 EROSION CONTROL The Missouri Department of Natural Resources permit in the name of the City of Jefferson for Land Disturbance Activities will be used to cover the construction activities required for this project. The Contractor will be responsible for providing any erosion control devices, such as silt fences, berms, temporary piping, silt basins, etc., during the construction. The cost of erosion control is to be included in those items of the proposal regarding earthwork and grading, and shall be subsidiary to the work included in those applicable items. r END OF SPECIAL CONDITIONS CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day ofLIA.� 2004, by and between Concrete Engineering LLC hereinafter referred to as"Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for rconstructing the following City improvements: Project No. 62013, 302 East High Street Pocket Park and Adjacent Parking Lot 1 Improvements. 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 "302 East High Street Pocket Park and Adjacent Parking Lot Improvements" in accordance with the plans and specifications on file with the Department of Community Development. 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, material; 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 25 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Community Development within ten (10) days after the ® date of this contract. ■ 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, ' Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment ' Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 11, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this O r contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Co�ensation 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 r Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile LiabilitV 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 Subcontractorto procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub- paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations he 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. • 1 1 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 Restjonsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as ® applicable to the work of subcontractors and to give Contractor the same power regarding !� termination of any subcontract as the City may exercise over Contractor under any provisions of this contract, Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the rcompletion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the park 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. Indemnit . To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused ® in part by a party indemnified hereunder. Such obligation shall not be construed to negate, 1� abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. ' 11 . Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption rin the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated September 7, 2004 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 Sixty Six Thousand Five Hundred Fifty Eight Dollars and Forty One Cents ($66,558.41). 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's ' performance of the work bid for, the payment of amounts due to all suppliers of labor and S materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 15. Severability. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents: The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. ComDlete Understanding, Mercier. Parties agree that this document including those documents described in the section entitled "Contract Documents"represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such ' written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 21. Waiver of Breech . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 22. Assi nment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or epolitical 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 241 Indian Meadow Drive, Jefferson City, Missouri ' 65101 . The date of delivery of any notice shall be the second full day after the day of its mailing. r i 1 IN W . NE S WHEREOF,the parties hereto have set their hands and seals this /3 day iof , 2004. CITYJ3R �FfERSON CONTRACTOR yor Title: iEST: ATTEST: 1 City Clerk Title: APPROVED AS T FORM: iCity Counselor 1 1 UG l i � 1 i 1 Bond No, 104333208 PERFORMANCE .AND.AG—VAI RAN BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Concrete Kngingerin Z4 1 xnd;LLq �l�pr. , Jeffe��on City. MO 65101 hereinafter, referred to as "Contractor" and Travelers Casualty and Surety 940 ;,Test Port Plaza Company o e 63146 a Corporation organized under the laws of the State of Connecticut and authorized to transact business In the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson hereinafter referred to as"Orwner" Sixty—six in the penal sum of thousand, five hundred,fi.f ty eimht 41/100-DOLLARS ($ 66,558.41 - —), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the 15th day of September ,20 04 , entered into a written contract with the aforesaid Owner forfumishing all materials, equipment,tools, superintendence, labor,and otherfacilities and accessories, for the construction of certain improvements as designated, defined ' and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the said Contractor shall and will, in all particulars,well,duly and faithfully observe, perfon-n and abide by each and every covenant, condition, and part of the raid Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law 1 e 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 part:, materiel and workmanship for a period of one year after acceptance by the Ownor, 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 rany other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done,the Surety will pay ® the same in any amount not exceeding the arnc)unt of this Obligation, together with interest as provided by law: ' PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive ' notice of any change, extension of time-., alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate ' of wages, as shown in the attached schedule, to any workman engaged in the construction of the Improvernents as designated, defined and described in the said ' contract, specifications and conditions thereof, the Suraty 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: tIN TESTIMONY WHEREOF, the said Contractor has hereunto scat his hand, and the said Surety has caused those presents to be executed in Its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at $�12. Mu land Avg , Sui.e M. St. Lou s Ma 63105 _ on this the 15th day of September _' 2004 1 Travelers Casualty and Surety Company of America Coperete EngiLneerin , 13.0 SURETY COMPANY CONTRACTOR BY --_(SEAL) T3Y_ ./-✓ a '""`T ��--' AL> 1 BY (SEAL) BY (SEAL) Atlorney-in- aActGe rail d J. Lux (State Representative) (Accompany this bond with Attomey-in-fact's authority from the Surety Company certified to include the date of the bond.) t • TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06103-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF AT'i'ORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUAL'T'Y AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMiNG'rON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having; their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath n.ade, constituted and appointed, and do by these presents make, constitute and appoint: Gerald J. Lux, Robert A. Miller, Catht nine L. Geimer, 'Thomas U. Krippene, of St:. Louis, Missouri, their true and lawful Attorncy(s)-in-Fact, with full power and ;authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instnnnent.(s): by his/her sole signature and act., any and all bonds, recognirances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Conipanics, thereby as frilly and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,airy Senior Vice]'resident,tuiy Vice President,any Second Vice President, the Treasurer, tiny Assistant Treasurer, the Corporate Secretary or tiny Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of die company and may give such appointee such authority as his or her certificate of authority may prescribe to sign wide die Company's name and seal with the Company's seal bonds,recogni7ances,contracts of indemnity,and oilier writings obligatory in the nature of a bond,recognizance, or conditional undertaking,and any of said officers or the ]board of Directors at tiny time may remove any such ' appointee and revoke the power given him or her. VOTED: That die Chairman, the President, tiny Vice Chairman, any Executive Vice President, any Senior Vice President or tiny Vice President may delegate all or any part of the foregoing authority to one or more officcis or employees of tiis Company,provided that each such delegation is *writing and a copy t1wreof is filed in the office of the Secretary. TED: 'llhat tiny bond, recognizance, contract of indemnity, or writing obligatory in tie nacre of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice )'resident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by authority of the following;Standing;Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURE'T'Y COMPANY and FARMINGTON CASUALTY ' COMPANY,which Resolution is now in full force and effect: VO'T'ED: That the signature of each of the following officers: President, any Executive Vice President, tiny Senior Vice ]'resident, any Vice President, any Assistant Vice President, any Secretary, tiny Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-iii-Fact for purposes only of executing and attesting bonds and undertakings and oilier writings obligatory in tae nature thereof,acid any such power of attorney or certificate bearing such facsimile signature_ or facsimile seal shall be valid and binding upon tae Company and any such power so executed and certified by such facsinhile signature and facsimile scat shall be valid and hinding upon die Compa iiy in the future with respect to any bond or undertaking to which it is attached. 1 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS aS'UALTY AND SURETY COMPANY and FARMINGTON CASUAL'T'Y COMPANY Dave caused this instrument to be cd by their Senior Vice President and their corporate seals to be hereto affixed this 20th day on May, 2004. STATE OF CONNFcT[cur TRAVELERS CASUAL'T'Y AND SURETY COMPANY OF AMERICA )SS. Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNCY OF HAR'1TORT) r ��� GtgJ�,�1 ANQ+G 1 % ' ttti1 t twurFOac�, i e 1 s e 2° 0 0y._._.._ 00N� CORN' br sd ��a George W. Thompson + "+ "�� y • '' Senior Vice President On this 20th day on May, 2004 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said ins-trument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. �l Or ' My commission expires June 30, 2008 Notary Public Marie C.Tetreault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY ANA SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority ' retrains in full force and has not been revoked; and (furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Scaled at clue Ilome Office.of the Couupany, in the City of Hartford, State of Connecticut. Dated this 1501 day of September , 2004 �gJ,.%1r AMOOG pa�G AB U a ►w�rrorw,A< i -1932 C' o By + +t C0N" S D Kori M. Johanson . °f ��`�� y • " Assistant Secretary, Bond • 1 r ACKNOWLEDGMENT BY SURETY 1 STATEOF Missouri. ss, County of St. Chary rOn this 15th day of September 7�Q01� before me personally appeared Gerald J. Lux , known to, me to be the Attorney-in-Fact of Travelers Casualty -an d Surety Company of America the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County,die day and year in this certificate first above written. ANNryrETTE M..SryryMITH Notary Public in the State of Missoxui r (Seal) NoSTi1TE0FMIfi3twHle� County or St. Charles St.Charles County My appointMeM Wlres April 10,2005 1 1 i r r r 023010EEF 10100 r r 1 travelers 1 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism 1 Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are 1 providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain 1 losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal ' Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage undor the attached policy or bond (or the policy or bond being 1 quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and 1 imbedded in your overall premium, mid is no more than one percent of your premium. 1 r e 141'rl 7ff11'll Vr�l.a CERTIFICATE~tivl OF LIABILITY INSURANCE UATP( IVDNY) s9p 1104 FTi�x x1CC:q ~� _ TWA PERTIMCAT! 13 ISSUED AS A UATTCII OF iNFORMAVON FRFO VOGEL INSURANCF,INC. ONLY AND nONrSAU NO WOWS S UPON T14M CURTIPICATV 301 MONROE HOwsR, THIS CRRMCATE DOES NOT AMBNO, Cr..TIl10 On IP 0 BoX 110 JVFFFRSUN CITY MO 96102 PHONE: 971.639.6101 11N%URCRf;AFFONQINO COVERA06 NAIL N INSURED WAWHER A• ALLICD GROUP ' LEARY,GRCO INSLINf N u.EN01NE Gt:L.RINO LLG SMALLCOMP..._.,.-.__. ..__..-_..-..._ ._..... DGACONCRE TE: _-__... 241 INDIAN MEADOW INSUItCI(c JEFFERSON CITY MO 66108 IN511ft:Po U' INSURER IL COVFRAGES iIIC f'OLICIf9 Of INSURANCCOf w;LIRANCr. usiro oCL(NY HAVE nr0l 11,10[G TO tHl! IfJ1uNEp ,NAKC, A[JgVr' F 0 THP M,IC.Y hPNt[Kt INOC(TEU, Nq[W nicrrAHOWG ANY RP,OUIRPMPNT, TC_RM OR CONNYICN 00 ANY CONT11AC1 OR ff'HL" [NXUMLNT WITH nrr)",c*r TOV ocii TNta ckwT10f;,ATE MAY f)C' I&SUED CN MAY PWA+N, THH INHUIIANCE@ AFN74C @U RY IHF 1-01.101 8 Cl SGRIGW I•LRIJN 13 SUDJPCT TO All,1PIP 1•Nr(M4. FX(A USIONV, AND CCrJ(rfRUfl;l Of SUCH ('OLICCCl AGGRLGATLLIMITS fi441114N MAY (4AVL 101N RCODU'D rly PAID GI AtlA; Y4T-q TYPE,nF INVIRANCF PM K_Y HUSAPR,R ►�tJCY Wl►tictNf i rAOAirr 1 gAYVw GFN0AL.LIABILITY _ ArP71B163234d JUL 4at � JUL 4001 FAC•IIn_(:connew.F I% 1,000, _ VA"A .1U fit will], •__.I__.-....._-_�__.____�. X CrMMI RCIAI.GFVCRAI.t IARIU;Y W will], t 164 ddd I Pft t7d11[3(fA[+sw(A(wll.___._ti_�_._-.._____._.,...!._. j I C,:AIA►;WADC I X MFj)f,;J(P(A4t I)PeltnA)_ A I v(ROONAL A A0V UJ)URY ;1 1.,000,Q00 OFNF,RAL ACIGRILOAT% 11 2,000,000 i1 ofNL AG(iRCGATE LIMIT Anf V,IVI IMODUCTS COKIPICjP AGO IS 22000,000 ® X rn(ICY .�. -- -. --1-....-�...... AV70MOGIL6 LIAI)ILITY ACP71016,12344 � .IIJL 4 04 JUL A 05 �(:OMnINI'U rurlrl E I IMn I I ANY AUTO ,(Ce ect.lgenU 1 600,000 ALI CWNF",At14)ti ! R(X)h.YIN!UI/Y X $CHIC-UlLQC)AUTO,1 I (1'w,per,nry lli HIHE0 MJT()', +{��� { /� 7,r i_.....I { rl•iF>,1RP"d E I � r-� I f+t?LtlL'tINJVRY IL I � 1uP,ucW�l+ll ' I � Ir0 J(JWN6II AUft;}ti ( , 1 I GARAGEItA911ITY AUTO ONIY.PAACCIOI'NT 'S {I ANY A(!'O Data:.—"--- (',INIiR),I1N CA RCC F.rtC(:S%IUMRLRf.I_(A0AVILOY I tJ.CHOI:CVRIJF.NC(, ,f U(.GUR ( - 1:.AIMb MAUI; I ( ,A,I:HFGA 11 11 nr-mic TiALf, 7 �VJ151TKERtrt)AtF'GpSA11ONANn I I f_ J1L 4 06 X WcAnaot7't1 I)t 4 da CMPLOYCRS'LIAD0.Rr I fj �ANVreoralTOnrrAnlXlnn+Ilrun�t ( � l:L f:AGI ArCIpCNT S 600,000 nrflcl.r+nA•4Aent I ertuolo r r 1 tu;FA;►•I.�1 MI>I rnt.L t $00,090 '9►ICIAL r40VIlWN1 t1Wr ..._ »...^......_......^._�r.«.__�. «.._..,«. I`� M`»�M (;L.UI';CA�t.P(10.1-Y LI��1R_ '1 600,000 I iI ' DESCRIPTION OF(1PFRA'TIUNSiI.Q(:A1'IUN/V!uNl[:I.1 S/C%f I.IJSI(liJ!i ACTfTI°[)f?NCl(1R!LFMt NTi 5Pt!(;IAL PROVMIONS (+ RTIFICA7C HQI )EA_ .AUNIIONAL 1y NJURCU•IN)UNL'R LVIV4 SHO ULU ANY 01 THL AVOVL Ckk iCIAOLD POLICIEL BE CANCELLED WWII THE 1:X/Nil AVOW OA 11: Il4CRl'OY Mr J!'! )1IN0 ct7MPANY Will,CNN:AVnn TO NAII,lA UAYS Wf11I TLN NOIIC4 TO '141, CLFITi1ICATL- HOLDLR NAMED TO THE WrT.BUT TA4 flat T4 CJO WPOV.NO 0U!gATlo'J c3R(IA[W IT Y OP ANY I�NU UPON TIIF CITY OF J:FFFRSUN t1U Anit NT 0 Uk RFf1A rI erf*Ar1uF9 320 EAST MCCARTY AtJiwNbz(,nnLI+u�4:�NTAnvL. JEPS'EnsoN CITY,NIO 86102 A +naur4 d R►prf iA!delN� i FAX:673-634.6682 ��®Lr^~r�._ ±i�•-�„c y -�. Attotion: MATT MORASCFf ACORO 26(2001100) Lea,f]wic it 4723 Flachcr 1)12143231 10/10'd MV SZ9 UG Q3&I T T ;£.T VOOE--91-AG Cl " 017JE/'F[.i HSON A MENDAIENT 710 CONTIM CT FOR 1?/?0JB'C7y('201.1 302 I;'stst Ill,.rh .S'tr eet Pocket. Park ' rind Agjacent Piu* ng Got Imps ivements WIIEREAS, the City of ,leffersc►n, llissouri, it municipal corporalio11, with offices at. 320 East. mccarly, Jefferson City, Missouri, (';511)1, hcrei fill l'tcly designated "CHy," villered into 11 Contract with Concrete e1,ng7neering LIX! ,hereinafter refel-1-ed toils "Contnietor," on Seple►nher 15, 25001; and WHEREAS, both parties linve 1rgrovd to the following Additional Special Provisions. NOW, 'I'III,RETORE, bo it 1rf!'reed by the parties That the followingAddilional Special Provisions shall incorporated to and rrrade 11 part. of the ngivement dided September 15, 200'I: ASP-1 PARTIAL ACCEPTANCE' The City reserves the right to uccept imy i►►►rt or all of the hid for the project. ASP-2 PRE-CONSTRUCTION CONFE'RI,NCI, Prior to Starting work, n pre-construction conference will he held to discuss the project, its Scheduling and its coordination with I.he work of others. II. is expected that this conference will he attended by represeu hit ivvS of the 0wiler. The 1?np'illver, the Contractor and his Subcontractors, and the utilities, as well as represenl lit lves of any other affected n.geneics which the owner may wish to invite. The work sc+hecicrle Specified in Section III-23 of the Infornultion for Bidders will he submitted 111 they conference. ® ASP-3 PREVAILING WA(;I, LAW ■' _ Bidders ►ire hereby advisod 11111( con►pliturcc wilh the Prevvilii)OVagv Law, Section '?c)0.210 lhrout;h`':;(1.,3'1(linc lr►siveol'thcl IZcwiserlStalutesul'illissouri,islr requirement of this contract. e (Rcferencc Sc+alio►► II(-2511), Section 290.265 I'vcfuires that a eie►►rly legible shilenrerr( of all prevlriling hourly wilge rates Shall he keel posted in 11 prominenl turd easily 1►cc essible place ill the site by each contr►tetor and ill puhlieworks projccls,and that sur.h notice Shall remain posted cluring;'the frill lime. ASP-4 PROOF OF INSURANCE All earlfflelrlaS of 1 Will I'll nee provided for tills project shall he iss11ed direetly frc►nr the company affording coverage. Certifiv tion from it local ilgent is not aecepiable without the necessary paperwork enrpowering'find aclthoriring'tho agelit to Sign the s►rrely's name. In addition, when 1111 ag'greg'111e luaouut is included, it 51111enrrnt of the lunounl of that ag'g'reg'lrle available to chile s11a11 also he attached. II'1'nntrnrl I IH rmanpM+7.1'frl.\I.1'Ip 11'C'dn\ nmrbi.LI •.L.nd I'. nwn.al d IN ti'P,STIMONY W11HRE010,the parties have hereunto set their hands a nd Kei►ls this L_dayof October,2004, r CITY OF;II )r�'IPERSON, MISSOURI CONTRAC'1'Olt _ r Mt1�0 G� AtrCIsST: A'r'rla 'r: City Clerk 5ecrettu y t1PPRo/Y. ' S'l'\(j�fj �T RM: City Counselor r 1 � 1 1 1 1 r r 1 1 II;!'indtMrl l'Iw-�.NnnqMw`il'll'!•\LI'llu\'IPII1.\ttuuirndnirul !;�rrhd l'nnldir,r wpd r