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HomeMy Public PortalAboutORD13503 BILL NO. 2002-137 SPONSORED BY COUNCILMAN Smith, Vogel, Vincent & Klindt _ ORDINANCE NO.� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR GLADSTONE COURT SANITARY AND STORMWATER SEWER IMPROVEMENTS AND JEFFERSON STREET STORMWATER IMPROVEMENTS, PROJECT NO. 33046-0020 & 33046-0021. WHEREAS, Aplex, Inc. has become the apparent lowest and best bidder on the Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater Improvements, Project No. 33046-0020 & 33- 46-0021 ; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1 . The bid of Aplex, Inc. 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 Aplex, Inc. for Gladstone Court Sanitary and Stormwater. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor ATTEST: APPROVED AS/TO FORM: Cify Clef City Counse or a•,i4'Kt.: a IVY 1 vx l i i f • .� `, '� +^` ! .w .. 7 (ts � �1��1;M�,7s� �� i k, rt $ t.l��}�! ,iy s ��� ;� [a f t , , 1 t ,•a r sI r } . • I ) s � i pf.t t ).i t J I � \'w !�i l i ..th f�• � r , n CONTRACT , OF n • y{ DEPARTMENT OF PUBLIC WORKS Y 1� t•1 rr«a v�1►�r.li�r r►'� ACORD. CERTIFICATE OF LIABILITY INSURANC�-jP!D 111,�; OATE(MMA)Df*ql i , FIX-1 02/14,'(.'s ---------- --------- THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION Naught-Naught: / Jo f If-i r fj an '!11.,), ONI.? AND CONFER!; NO RIGHTS I)PUN THE CERTIFICATE 1141 Christy Drive i 1401-DI-R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR -JI 0 x 1768 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ,:o rs on City MO 65102 INSURERS AFFORDING COVERAGE ne- 573-634-2727 Fax:573-63•1-7762 ....... ---- URED N!;UFU'P A Cincinnati Insurance Company - INSi I)R-L,1 13 . , Missouri Employers Mutual A�lexj 7 Inc. R 1. Box 221- E INSURER D Linn �O 65051 --------- INSURER E COVERAGES THE POLICIES OF INSURANCr.LISTED BELOW HAVE BEEN ISS(11--D TO THE INSURLD NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANF)ING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH Till'S CERTIFICATE MAY 13E ISSUED OR MAN'PERTAIN,THE INSURANCE AFFORDED BY Till:POI ICIFS DESCRIBED HEREIN IS SUBJECT TO ALL THE TrRMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS --- ......... OLICY EFFECTIVE POLICY EXPIRATION.._LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY FACH QCCURRI`NCr 51, 000, 000 • X COMMERCIAL GENL:RAL LIABILITY CAP S478467 03/23/02 03/23/03 FIRE DAMAGE'(Any on (ire) S500,000 CLAIMS MADE X OCCUR %lE0 FXP(Any one person) S 10, 000 X Owners/Contractor UNDERBINDER 02/12/03 02/12/04 1,ERSONAI.&ADV INJURY S1, 000, 000 Protective AGG ;;000000/occ ;2000000 3ENERAL AGGREGATE s unlimited GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COfJP/OP AGG S2, 000, 000 PRO- X POLICY JECT -LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1, 000,000 • X ANY AUTO CAA5478467 03/23/02 03/23/03 (1--a acci(ienl) ALL OWNED AUTOS B0(7LY INJURY SCHEDULED AUTOS (F',!f person) X HIRED AUTOS BODILY INJURY S X NON•OWNED AUTOS (Per accident) PROPERTY DAMAGE (Pefaccidenl) GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S ANY AUTO OTHER THAN 5A ACC S Ali To ONLY AGG S EXCESS LIABILITY [At.li OCCURRENCE s 2, 000,000 • X OCCUR CLAIMS MADE CCC4495584 03/23/02 03/23/03 A(.;(-,RECATE s 2, 000,000 S DEDUCTIBLE X RLTENTION S -O- 7A-5TAT[T o1fi- WORKERS COMPENSATION AND TORY11MITS X ER EMPLOYERS'LIABILITY B 213534 03/23/03 03/23/04 E i. [-.ACii ACCIDENT S_1_, 000,000 CI DISEASE-EA EMPLOYEE S 1, 000, 000 F i IA;CASE•POLICY LIMIT S 1,000,000 OTHER • Equipment Floater CAP5478467 03/23/02 03/23/03 Any One $150,000 • install/Builders R CAP5478467 03/23/02 03/23/03 Site Limit DESCRIPTION OF OPERATIONSILOCATIONSNElilCLESiEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Job: Gladstone Ct Sanitary & Storm. Water and Jefferson Stret-Storm Water, Project #33046; Amount of Job - $159.780; NAMED INSURED ON OWNERS & CONTRACTORS POLICY: CITY OF JEFFERSON, 320 E, MC CARTY ST. , JEFFERSON CITY MO, 65101 CERTIFICATE HOLDER N ADDITIONAL INSURED:INSURER LETTER: CANCELLATION I CITY OF j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Jefferson City IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 E. McCarty REPRESENTATIVES. —Jefferson City MO 65101 AUTHOR)?.ED,REPR ESENTATIVE ACORD 25-S (7197) pia ORD CORPORATION 1988 ' SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 33046 Gladstone Court Sanitary and Stormwater Sewer . Improvements and Jefferson Street Stormwater Improvements �tri�t��rt�a .,, rj rr a R •� C. W ER �:.rw -16996 ,,.r W'�•• dFESSO ' Jefferson City Department of Community Development January 2003 1 FACONTRACT DOCUMENTS133046-Gladstone Ct& Jefferson Street,wpd December 27,2002 1 TABLE OF CONTENTS • Advertisement for Bids ' 0 Notice to Bidders • Information for Bidders ' 0 Bid Form " • Bid Bond " • Anti-Collusion Statement " ' 0 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 Y p • Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions ' 0 Special Provisions ' 0 Attachments • Addendums ( If Any ) ' (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) FACONTRACT DOCUMENTSQ3046•Gladstone Ct&Jefferson Street,wpd December 13,2002 ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, January 21, 2003. 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. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater Improvements" will include the furnishing of all material, labor, and equipment to construct approximately 215 linear feet of new stormwater pipe and reestablish the integrity of an existing (live) 8" sanitary sewer line at Gladstone Court. At Jefferson Street construct approximately 250 linear feet of stormwater piping, reconstruct two existing commercial drive approaches and construct a concrete alley approach. ' A pre-bid conference will be held at 10:00 a.m., on Monday, January 13, 2003 in the Lower Level Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, ' Missouri. A non-refundable deposit of Thirty Dollars($30.00)will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates ' established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON Terry Stephenson ' Purchasing Agent Publication Dates Sunday, January 5, 2003. FACONTRACT DOCUMENTS133046-Gladstone Ct&Jefferson Street.wpd December 27,2002 NOTICE TO BIDDERS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street,Jefferson City, Missouri, until 1:30 PM on Tuesday,January 21, 2003. ' 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. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater Improvements" will include the furnishing of all material, labor, and equipment to ' construct approximately 215 linear feet of new stormwater pipe and reestablish the integrity of an existing (live) 8" sanitary sewer line at Gladstone Court. At Jefferson Street construct approximately 250 linear feet of stormwater piping, reconstruct two existing commercial drive approaches and construct a concrete alley approach. A pre-bid conference will be held at 10:00 a.m., on Monday, January 13, 2003 in the iLower Level Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. iAll equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from ' the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Thirty Dollars($30.00)will be required for each set of plans and specifications. Individual full size sheets of the plans maybe 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 tive (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 FACONTRACT DOCUMENTSM046-Gladstone Ct&Jetterson Street.wpd December 13,2002 INFORMATION FOR BIDDERS 1113-1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all technical personnel, labor, materials,and equipment required to perform the work included in the project entitled "Project No.33045,Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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 approximately 215 linear feet of new stormwater pipe and reestablish the integrity of an existing (live) 8" sanitary sewer line at Gladstone Court. At Jefferson Street to construct approximately 250 linear feet of stormwater piping, reconstruct two existing commercial drive approaches and construct a concrete alley approach. I113-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, ' specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. I13-3 INTERPRETATION OF CONTRACT DOCUMENTS ' If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications ' shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I113-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ' ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to ' satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. I113-5 EQUIVALENT MATERIAL FACONTRACT DOCUMENTS\33046-Gladstone Cl&Jefferson Street.wpd December 13,2002 Wherever definite reference is made in these Specifications t o t he use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design,subject to the approval of the City. IB-6 BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, fie shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. IB-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only ' sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. I8-8 PRICES The price submitted for each itern of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and ' materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. I8-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Street.wpd December 13,2002 of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. ' IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, matjrials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS ' The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer ' Improvements and Jefferson Street Stormwater Improvements". IB-12 ALTERNATE BIDS ' In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. ' IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. IB-14 RIGHT TO REJECT BIDS The City reserve the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of ' Jefferson. IB-15 AWARD OF CONTRACT ' If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be ' deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND ' A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) FACONTRACT DOCUMENTS\33046.Gladstone Ct&Jefferson Streel.wpd December 13,2002 of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their ' respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. I8-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. ' IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage ' hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall ' be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor ' shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by FACONTRACT DOCUMENTS\33046•Gladstone Ct&Jefferson Streel.wpd December 13, 2002 the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make "ie 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 I lis surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. ' IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his ' proposed construction procedure, stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 40 working days for Jefferson Street and 20 working days for ' Gladstone Court. IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY ' Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. ' IB-27 BID PACKET FACONTRACT DOCUMENTS\33046•Gladstone Ct&Jefferson Stroet.wpd December 13,2002 Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another ' envelope addressed as follows: Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: 1) BID FORM ' 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT ' 5) MINORITY BUSINESS UTILIZATION AGREEMENT ' END OF INFORMATION FOR BIDDERS FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Street.wpd December 13,2002 BID FORM Name of Bidder __ �►—►=X ,S mac- . Address of Bidder Z�, C:S--x �),D f ►�,ti�� Q ��� I To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding(a)the extend and character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities;and(1) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools,and ® plant; to perform all necessary labor and supervision; and to construct, install, erect, ■� and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to ' therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum ' payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work eshown 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: FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Slreel.wpd December 13,2002 Bid Total Sheet Project No. 33046 Gladstone Court Sanitary and Stormwater Sewer Improvements And Jefferson Street Stormwater Improvements O Total of the Bid for Gladstone Ct. Stormwater Improvements $ � � i , '7�CIO + ca Total of the Bid for Jefferson St. Stormwater Improvements $ -79 , O%O Grand Total Bid (total of the two Projects) $ (acs c��5 1 s 1 PAGE 1 CITY OF JEFFERSON ITEMIZED BID FORM GLADSTONE CT.STORMWATER IMPROVEMENTS PROJECT NO.33046-0020 ' ITEM APPROX, UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 1.01 CLEARING,GRUBBING,AND REMOVALS LS 1J �- c� 1.02 LINEAR GRADING LF 400 _ (] �A cG 1 1.03 ROCK EXCAVATIGN(Special Provision SP-20) CY 10 $135 $1,350 co 1.04 V DIA.STANDARD MANHOLE EA 1 1.05 SANITARY SEWER MANHOLE ADJUSTMENT EA 1 1.06 SANITARY SEWER LF 200 COCC)'..G 1.07 CONCRETE SWALE(6"thick) SY 45 1.08 6'X 6'AREA INLET (with 2 sides open) EA 1 1.09 V X V AREA INLET (with 3 sides open) EA 1 r1.10 15"DIA.CMP STORMWATER PIPE IN PLACE LF 19 1.11 24"DIA.HDPE STORMWATER PIPE IN PLACE LF 157 3`7 S6CR 1.12 30"DIA.HDPE STORMWATER PIPE IN PLACE LT 59 c�3c� --�i aI Z C� 1.13 30"DIA.STEEL FLARED END SECTION W/CONC TOE WALL EA 1 1.14 0'-6"THICK GABION MATTRESS WITH GEOTEXTILE SY 120 1.15 SEED AND MULCH AC 0.5 t�_ 7 �Q 1.16 RED MAPLE 2-In EA 2 n4�� � 1.17 EVERGREEN SHRUBS 5-gal EA 3C'f' cxjj�c Om 1.18 ELECTRIC CONDUIT RELOCATION LF 80 r TOTAL 1", 1 r 1 Ellls-Gladstone Storrnwater Cost EstImate.xls BID SHEET i PAGE 1 CITY OF JEFFERSON ITEMIZED BID FORM JEFFERSON STREET STORMWATER IMPROVEMENTS PROJECT NO.33046-0021 ' ITEM APPROX, UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 2.01 CLEARING/GRUBBING/REMOVALS LS 1 9=cp- G� co 2.02 EXCAVATION AND GRADING LS 1 a� S-�5m 2.03 TRAFFIC CONTROL/CONSTRUCTION SIGNAGE LS 1 lscrC�,.. lSzr-A 4l 2.04 ROCK EXCAVATION(Special Provision SP-20) CY 10 $135 $1,350 2.05 15"HDPE STORMWATER PIPE IN PLACE LF 20 2.06 12"RCP STORMWATER PIPE IN PLACE LF 10 70 cx_0 770a 2.07 15"RCP STORMWATER PIPE IN PLACE LF 78 X4 cG 3744 2.08 36"RCP STORMWATER PIPE IN PLACE LF 224 2.09 8"DIP SANITARY SEWER PIPE IN PLACE LF 20 o0 oG 2.10 GABION REPLACEMENT LS 1 2.11 6'-0"DIA STORMWATER MANHOLE EA 1 (tom CIO O�1 I�-�CVj 2.12 4'x4'TYPE"C"INLET W/DEFLECTORS EA 1 a�oor:, CD1 ocJ c,3 2.13 4'x3'GRATED INLET EA 1 1 ^ °� 2.14 4'x3'GRATED INLET MoDOT TYPE"E" EA 1 cc� u:, 2,15 5'x4'GRATED INLET WI RECTANGULAR RISER EA 1 � �Qtc. 2.16 3"ROLLED STONE BASE SY 615 �j '"-:SO75 2.17 6"NON-REINFORCED HIGH EARLY STRENGTH CONCRETE APPROACH SY 105 _L i47a15'4z' 2.18 CURB AND GUTTER LF 39 20 CA::b -780 co 2.19 6"NON-REINFORCED CONCRETE APPROACH SY 190 3�= 61.0syrico 2.20 PROPOSED ASPHALT SY 108 --- — 1044 2.21 4"NON-REINFORCED CONCRETE SIDWALK SY 197 ©cx=b 2.22 SEEDING&MULCHING LS 1 TOTAL —79. C)%6C-'- c" t Jeffreson Street Stormwater Cost Eatimate.xls BID SHEET ADDENDUM NO. 1 PROJECT NO. 33046 Gladstone Court Sanitary and Stormwater Sewer Improvements ' and Jefferson Street Stormwater Improvements January 17, 2003 Change No. 1 ' In all locations in the Specifications and Drawings the proposed asphalt repair cross section indicated 5" of concrete with 1.5" of asphalt surface. Change 5" of concrete to 8" of concrete. This change shall be noted in at least the following locations: 1. Special Provisions section of the Specification Book - SP-11 & SP-25. 2. Sheet 2 of 17 of the Drawing Set - Typical Cross Section Thru Curb Replacement Detail. 3. Sheet 16 of 17 of the Drawing Set - Patching & Backfilling Paved Streets Detail. Change No. 2 On Sheet 9 of 17 note "A" shall be changed to indicate removal of the entire wall. Change No. 3 On Sheet 3 of 17 in the profile of"Line A" remove the 1' thick Rip-Rap at both ends of the pipe and replace with the 12'x6'x6" Gabion Mats as indicated in the Plan view. ' Change No. 4 Addition of a Bid Total Sheet. The Bid Total Sheet shall be included with the ' contractors Bid Packet. ACKNOWLEDGEMENT ADDENDUM NO.1 PROJECT NO. 33046 Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater Improvements January 17, 2003 i The bidder will acknowledge receipt of this Addendum No 1 and acceptance of its conditions by signing this acknowledgment form and including it with the bid. BIDDER:_ �r Lax , �..�c_ el r 1 TITLE: U tF � v���T- 1 CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT 1 1 1 1 r r 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 40 working days for Jefferson Street and 20 working days for Gladstone Court, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted, the prices quoted above include ' all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, 1 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 9 Y may be mailed, telegraphed, or delivered: (::�owtC I , Rox as /E 4/'ty ty, /Y)o 6505/ _ It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. 1 Attached hereto is a Bid Bond for the sum of _ Dollars (cashier's check), make payable to the City of Jefferson. FACONTRACT DOCUMENTS133046-Gladstone Ct&Jefferson Street.wpd December 13,2002 Signature of Bidder: It an individual, , doing business as If a partnership, , member of firm. by If corporation,_ by -,Z-Z c,40- Title SEAL Business Address of Bidder a e 1 )SOX aA I i= ,L_,l Nty, No 65051 If Bidder is a corporation, supply the following information: State in which incorporated M 1 S SOU P- i Name and Address of its: President _ Ro!.A e, I , BOx ag I F iN N &sdSl Secretary�u-t e. I , lox otal E Lt N N M Date - a!-0 3 FACONTRACT DOCUMENTS133046•Gladstone Ct&Jefferson 3treet.wpd December 13,2002 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the ' undersigned,_AplexL Inc_ Route 1.Z_Box 221 East, Lin MO -..as Principal, y and_.,.,KMployers Mutual Casualty Company as Surety, are hereby held and firmly bound unto the CITY OF .JEFFERSON, MISSOURI , as owner, in the penal sum of_ One Hundred and Fifty Thousand Dollars ---.for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, I administrators, successors and assigns, this 21 day of—_J anuar _ , 200 3 k; The condition of the above obligation is such that whereas the Principal has submitted tto the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled: "Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater Improvements" NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, ' then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ' The Surety,for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands e and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Aplex, Inc. SEAL Principal v, By: Thomas S. Naught -AtC ey-Tn-Fact FACONTRACT DOCUMENTS\33046•Gladstone CI&Jetforson StreeLwpd Decembw 13, 2002 r EMC Insurance Companies 5,0 9;9!4:5 P.O. Box 712• Des Moines,Iowa 503113 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN�FACT Y +' • OW,AIL'MEN-BY1:THESE PRESENTS, that: .;Employers,,MAal Casualty:Company,an Iowa Corporation 5, Dakota Fire Insurance Company,a North,Dakota Corporation'' �"2 ','EMCASCO lnadrance Company;'an Iowa Corporation 6. EMC Property&Casualty Company,an<lowa'Corporatlon 3. .UnlowInsurance Company of Providence,an Iowa Corporation 7. The Hamilton Mutual Insurance Company,an Ohio Corporation" 4. Illinois EMCASCO Insurance Company,an Illinois Corporation :.;hereinafter refer'md to severally as"Company"and collectively as"Companies",each does,by those presents,make,constltute.and appoint: . u , rrrL'INDq JVOLTING;SFIIRLEY A..POPEJOY, INDIVIDUALLY, BLUE SPRINGS, MISSOURI .............................:....... „ ................,.,:...................;L 'THOMAS'S.-:NAUGHT, HARRY NAUGHT, DOROTHY BAKER,TERESA STEPHENSON, SARAH NAUGHT:BARGFREDE;:;''•:. ",WIL.MkklK SEA,;MARCIA NAUGHT,TIMOTHY P. EASTIN, RICHARD NAUGHT, INDIVIDUALLY, JEFFERSON"CITY, MISSOURI..... ::::,t:, ='I ,s'1ts'trueiandaawful'.attorney in fact,with full'power and authority conferred to sign,seal,and execute its lawful bonds,undertakings;and.other obligatory""+instruinents;of a s{m{Itjr•naEilre.lssfotlows: ��' � •' . i�� _�" IN AN.AMOUNT NOT EXCEEDING.TEN MILLION DOLLARS ............................................................................................ ($10,000,000;00)_*:- f;.dnd,to,bind each'Company thereby as fu11y and to the same extent as ii such instruments were signed by the duly authorized.officers of each such-Company,and all of; the acts'.of said'attorney pursuant to the authority hereby given are hereby ratified and confirmed. v}The•authority herebygranted shall expire April 1, 2005 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY �.;Tliis Power-of=Attorney is'made•and executed pursuant to and by the authority of the following resolution of the Boards of Directors.of each,of the.-ompanies.at a;" regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President.and Chief Executive Officer,any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty.Company.shall'have:power: ,: -.:and,6uth6nty'to (1),-appoint attomeys-in•fact and authorize them to execute on behalf of each Company and attach the seal,of'the,Company thereto,..bonds, undertakings;,r ecognizances,.contracts,ofindemnity and other writings obligatory in the nature thereof,and(2)to remove any such:attomey-in-facfat,any.time and_re�oke!e?- the'powe�•and:aulhority given;to him or;her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of,the power=of-ad6rney issued:tb'them;;;�?� cto execute and',deliVer on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings; recognizances;;contrac6.of?indefnnity:,and,,!y er'w'htings;obligatory.irrlhe nature-thereof;and any such instrument executed by any such allorneyin-fact shall be fully and.in-all respects binding upon the:Company.,-, i8cation as,:Eo•the'validity,of:any.power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company.shall;b'e`,fyllyiand.in,all)respects•I.. ing dpoN this Company.'Tho facsimile or mechanically reproduced signature of sucl, officer, whether made heretofore or hereafter;iw.hereVer:appeandg-Upon.a:: ertified;copy of any power-of-atlomey of the Company,shall be valid and binding upon the Company with the same force and affect.as.though!marivally affixed:` IN WITNESS WHEREOF,the Companies have caused these presents to bu signed for each by their officers as shown,and the'Corporate•seais to be hereto affixed this .....i.0th flay of, __0_ctofser ___._, 2002_ Seals - - ---.-.,..._..- - — +iii " "" ^""'•,, Bruce G.Kelley,Chairman Jeffrey S.Birdsley, gip` p'•INSUq;h .. pU CU. . . �f ;''�H;Y, ,;;�,'' of Companies 2,3,4,5&6; resident Assistant Secretary A' •,`�Nroe ,,� o\P+'Bqf;�: _' �.,: of Company 1;Vire Chairman and ' 0. .' SEAL _r` 1863 _ 1953 CEO of Company 7 is- s ; r� .. On thi5l.0th_day of October AD____:_20ap- before me:a ,o��s��nNcP�',. . ;Q�a�SU;r F•,; ;:� \f,�; ;�,r: Notary Public in and for the State of Iowa,person@Ilyappeared Bruce-G;Kelley and Jeffrey y�;'oP�°°q, °y k c'oNr°++Ir''. =� �'•+ ';:� Birdsley,who,being by me duly sworn,did say that they,are,.and;are known to•me,.'to,be'the; ;, Chairman, President, Vice Chairman and CEO, and/or.Assistant Secretary, respectiveiy,,of;,'• SEAL— SEAL ; ;: ; SEAL each of The Companies above;that the seals affixed to this.instrument'are the seals of=sal8r,: �'F' %, «''';,,,,;;` ° ''•.,,,;,;''; -,��s',,,,,•,, ,,;= corporations;that said instrument was signed and sealed ombehalf:of each_bf.the Companies;,,:- "0 `' ` by authority of their respective Boards of Directors; and that the.said:.Bruce G,''Kelley and tUWAa�p�' .. '•, hran'�.\ , 4,'I UINES�O,,, , r•. Jeffrey S. Birdsley,as such officers,acknowledge the execution of said instrument'to•be the." voluntary act and deed of each of the Companies. r' ISTU A. My Commission Expires September 30,2003. m °•. RUTA KRUMINS I Commission Number 176255 My Comm.Exp,Sept.30.2003 <'r Notary Public in and for the State'of Iowa :•. CERTIFICATE I,David L.Hixenbaugh,Vice Presideni of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors b"" h of the:. anles,.and this Power of At issued pursuant thereto on half'fThornas S.'Naught; Harry Naught, Dorothy Baker,Teresa Stephenson, Sarah Naught-Bargfrede,Wilma Keiser, Marcia Naught; e and correct and are still in full force and effect. Linda Nolting, Shirley A. Popejoy,Timothy P. Eiastin, Richarcl'Nalht In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each ompany, this 2 day of J anus y 2003: ,`�j''a'y :.,, tee:-� � =��//�'"• ..r :. 1.'Vice-fPresldent�'4� ANTI-COLLUSION STATEMENT STATE OF M i ssou IZ'l ) COUNTY OF Osa g e ) RUB( a ei'►' l o being first duly sworn, deposes and says that he is vice pRe SI eN f of ' nn TITLE OF PERSON SIGNING A pie x ' NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said ' bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Aff iant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. (BY) Roth �(m�5 (BY) Sworn to before me this day of -1/1 I L4 A tz , 200.E . ' PHYLLIS BRANDT Notary Public-Notary Seal , STATE OF MISSOURI NOTARY PUBLIC Osage County My Commission Expires: May 18, 2006 My commission expires: FACONTRACT DOCUMENTS133D46-Gladstone Ct&Jefferson Street.wpd December 13,2002 CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF ISSOIA tz I ) ss COUNTY OF 05,40 t✓ ) The undersigned, RoN H el yn lA , of lawful age, being first duly sworn states upon oath that he is 1 V/'C& �{� _siJeK l of AP leA ) IN C_ 1 the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed ' project. ' Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid, this ,2 L r- day of -7A rU u A rc _, 20 03 PHYLLIS BRANDT Notary Public-Notary Seal STATE OF MISSOURI NOTARY PUBLIC Osage County My Commission Expires: May 18,2006 ' My Commission Expires: S FACONTRACT DOCUMENTS133046•Gladstone Ct&Jefferson Streelmlad December 13,2002 MINORITY BUSINESS UTILIZATION AGREE MEN A. The bidder agrees to attempt to expend at least two (2) % of the contract, if awarded, for Minority Business Enterprise (MBE), For purposes of this goal, the term "Minority Business Enterprise" shall mean a business: 1, Which is at least 51 percent owned by one or more minorities or women, ' or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or "Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: ' 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in rMexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); ' 4. American Indians and Alask an Native (a person having origins to any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically ' and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)], 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Streot.wpd December 13,2002 B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation Total Bid Amount:_ I a0l000 • Total: _ no 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 N:iBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. 11 NAME OF AUTHORIZED OFFICER DATEa!-a3 ' ��' _ �-�-'vdi�� SIGNATURE OF AUTiHORIZED OFFICER FACONTRACT DOCUMENT9,33046-Gladstone Ct&Jefterson Street,wpd December 13,2002 AFFIDAVIT COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of , ' State of _ _, personally came and appeared NAME POSITION of the ' NAME OF COMPANY (A corporation) (a partnership) (a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions ' and requirements and with Annual Wage Order No. 9, Section 026, Cole County in carrying out the contract and work in connection with Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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: STATE OF MISSOURI ) ss ' COUNTY OF ) FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Street,wpd December 13,2002 e Missoun Division of Labor Standards ' WAGE AND HOUR SECTION ti G x r cc 7- ' BOB HOLDEN, Governor Annual Wage Order Teo,, 9 Section 026 ' COLE COUIY'IY ' In accordance with Section 290.262 RSM9 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secxetary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with-the labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102.0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20.5.0100). A certified copy of the Annual Wage Order has been filed with the Secretary of S ate of Missouri. /J RECEIVED & FILED c� A—f Coliben A. Baker, Director LIAR U 8 2002 Division of Labor Standards ' Filed With Secretary of State: eEOR COMMISSIONS,DIVISION APR 0 8 2002 ' Last Date Objections May Be Filed: Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County 'ElfociFvo asic ver- OCCUPATIONAL TITLE Date of Hourly 'Time Holiday Total Fringe Benefits Increase_ Rates Rates Rates Asbestos Worker _ $13.00 _FED y $0,95 Boilermaker 9/02 $25.81 1 57 _ 7 $13.03 Brickla ors-Stono Mason 6/02 $23.00 59 7 $6.40 Carpenter _ _ _ $18.63 __60 15 _ $7.01 Cement Mason 4/02 $17.81 _ 9 3 $7.65 Electrician Inside Wireman $22.50 28 7 $8.45 + 13% Communication Technician USE ELECTRICIA INSIDE WIREMANLATE Elevator Constructor 7/02 a $29.545 _ 26 54 $8.665 Operating Engineer _ ��� Growl 5/02 $22.27 DG 66 _$12,26 Group II 5/02 $22.27 �86 66 _$12.26 Group III 5/02 $21.02 86 66 _ $12.26 Group III-A 5/02 $22.27 86 66 $12.26 Group IV 5/02 $22.97 86 66 $12.26 Group V 5/02 $24.27 86 66 $12.26 Pipe Fitter 7/02 b $28.75 91 69 $12,08 Glazier $12,25 FED $2.02 Laborer(Building): General $15,90 1 110 _^7 �1 $6.40 First Semi-Skilled $16.90 110 7 $6.40 Second Semi-Skilled _ $16.80 110 7 $6.40 Lather USE CARPENTER RATE Linoleum Layer& Cutler USE CARPENTER RATE Marble Mason 6/02 $23.00 59 _ 7 $6.40 Millwright $19.63 60 15 $7.01 iron Worker 8/02 $21.77 11 8 $11.59 Painter $17.69 18 7 $5.08 ' Plasterer - 4/02 $17.08 94 5 _--�_ $7.19 _ Plumber $21.00 1 FED $2.93 Pile Driver $19.63 60 15 $7.01 Roofer 9/02 $23.50 12 4 $6.74 Sheet Metal Worker $21.88 40 23 $7.69 Sprinkler Fitter $14.75 FED $2.17 Terrazzo Worker 6/02 1 $23.00 59 7 1 $6.40 Tile Setter _6/02 $23.00 _ 59 7 $6,40 Truck Driver-Teamster Y Group 1 $18.90 101 5 $4,50 Group II $19.60 _ 101 5 _ _ $4.50 Group 111 $19,30 101 1 5 $4.50 Group IV $19.60 101 5 $4.50 Traffic Control Service Driver $14.65 48 1 49 $2.44 Well DrIlle I IUSE BLDG CONST. ENGINEER GROUP Ii RATE 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 1-800-475-2130. `"Annual incremental Increase 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.9 9102 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes Effectiv Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates M Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments. Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. a -Vacation: Employees over 5 years - 8%; Employees under 5 years- 6% `b - All work over$3.5 Million Total Mechanical Contract-$28.75, Fringes- $12.08 ' All work under$3.5 Million Total Mechanical Contract- $27.41, Fringes- $10.33 1 'Annual Incremental Increase ANNUAL WAGE_ORDER NO. 9 7/02 COIF.COUNTV OVERTIME. RATES--BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means Iinie and one-halF(I 'h)~hall be paid for all work in excess of limy(40)hours per work week. NO. 9: Means the regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work clay and on Saturday shall be compensated al one and one-half(1'/7)times the regular pay. In the event time is lost during the work week clue to weather conditions, the Employer may schedule work on the following Saturday at straight time. All wr k accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday, except for midweek holidays. NO. 11: Means eight (8) hours shall constitute a day's work, with the starting time to be established between 7:00 a.m. and 8:00 a.m. from Monday to Friday. Time and one-half(1%) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight (8) hours on Saturday. All otner overtire hours Monday through Saturday shall be paid at double(2)time rate. Double(2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall cornmence on Monday at 12:01 a.m, and shall continue through the following Friday, inclusive of each week. All work performed by ernployces anywhere in excess of forty(40)hours in one(1) ' work week, shall be paid for at the rate of one and one-half(1'/2) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(1%:)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at Iwo(2)times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours. Working hours are from six (6) hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be florty(40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at lime and one-half(I%:). Sunday and I folidays shall be paid at double(2) time. Saturday can be a make-up day if the weather has forced a clay ofT, but only in the week of the clay being lost. Any time before six(6) hours before Noon or six(6)hours after Noon will be paid at time and one-half(]V2), NO. 26: Means that the regular working clay shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five(5) days per week, Monday to Friday, inclusive. Flours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (the above working hour;, may be changed by ' mutual Agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double(2)the rate of single time. The rate of pay f'or all work performed on holidays shall be at two times(2)the single time rate of pay. NO. 28: Means eight (8) hours between 7:00 a.m.and 5:30 p.m.shall constitute a day's work five(5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workdayhvorkweek of four(4)ten(10)hour days(4-10's)provided: -The project must be for a minimum of four(4)consecutive days. -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: if a holiday falls in the middle ol'a week,then the regular eight(8) hour schedule may be implemented). ' -Any time worked in excess of any ten(10)hour work clay(in a 4-10 hour work week)shall be at the appropriate overtime rate. ' All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one& ono- half(1 V2)times the employee's regular rate of pay. All work performed from 12:00 a.m. Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double(2)the straight titne hourly rate of pay.. ANNUAL. WACE ORDER NO.9 AW9i)2ti()'f.dcx; Page I ofA Pages COLF,COUNTY OVFR'1'1N1E RATES--BUILDING CONSTRUCTION NO.33: Means the standard work day shall be eight (8)consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the hutch period, or shall conform to the practice on the jot) site. four (4) days at ten (10) (tours a clay may be worked at straight time, Monday through Friday and need riot be consecutive. All overtime, except for Sundays and holidays shall be at the rate of time and one-half'(]112). Overtime worked on ' Sundays and holidays shall heat double(2)time. NO. 35: Means the normal work week shall consist of five (5) eight (8) hour (lays for a total forty (40) hours, starting on Monday at 8:00 a.m, and ending on Friday at 4:30 p.m. Tlie starting little can be flexible between 0:00 ' a.nt, and 8:00 a.m„ and ending of 2:30 p.m. respectively. All work before designated starting time and after quitting time shall be paid at the rate of lime and one-half(I'/z). All work in the excess of eight (8) hours per day, or forty (40) hours per week Monday through Friday, shall lie paid for at the rate of time and one-half(1'/2), All hours worked on Saturdays, Sundays, or Holidays shall be paid at file double(2)time rate. NO. 40: Means the regular working week shall consist of five (5) consecutive (8) hour days' labor on the job beginning with Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular work week. The regular working day Shall consist ol'eight (8) hours labor on thejob beginning as wrly as 7:00 a.m. and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess ofcighl (8) hours but riot more than twelve (12) hours during tire regular working week shall be paid for at time and one-half(1%)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12) hours during the regular working day shall he paid at two(2)times the regular hourly rate. In flue event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" clay. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work fir personal or other reasons. fay ibr "make-up"days shall be at regular rates. NO. 48: Means the regularly scheduled work week shall be five(5) consecutive days, Monday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a (lay's work. Starting time shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty(40) hours shall constitute:a week's work. Overtime at the rate of time and one-half(1'/r) will be pail fir all work in excess of forty (40) hours in any one work week. On the Monday ' through Friday schedule,all work performed on Saturday will be time and one-half(1'A) unless time has been loss during the week, in which case Saturday will be a make up day to the extent of the lost time. On the"Tuesday through Saturday schedule, all work performed on Monday will be time and one-half(I%) unless time has been lost during the week, in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double(2) time. If employees work on any of tltc recognized holidays, they shall be paid time and one-hat f(1%) their regular rate of pay for all hours worked, ' NO. 55: Means the regular work day shall he eight (8)hours between 0:00 a.m. and 4:30 p.m. The first two(2) hours of work performed in excess of the eight (8) hour work clay, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one &one-half(I%:) times the straight time rate, All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double(2)the straight time rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour clays at the regular time rate of pay. It being understood that all other pertinent information Hurst be adjusted accordingly. All time worked before and after the established workday of ' eight (8)hours, Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half (1 'h) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. ANNUAL.WAGE ORDER NO.9 AWE+026 O'I'.dox I'ugc 2 of d i'ugcw 1 COLE COUN'T'Y OVERTIME RATES— BUILDING CONSTRUCTION NO. 59: Means that except as herein provided, eight (8) hours a day shall constitute a standard work clay, and forty (40) hours per week shall constitute a week's work. All lime worked outside of the standard eight (8) hour work clay and on Saturday shall be classified as overtime and paid the rate of'time and one-half(I Vi). All time worked on Sunday and holidays shall he classified as overtime and paid at the rate of double (2) time, The ' Employer has the option of working either live (5)eight hour clays or lour(4)ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, fhe standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In fl..:event tire jot)is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be work:,(( as a make-up clay; straight time not to exceed fen (10)hours or forty(40)hours per week. When the five day(8)hour,Mork week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the jot) is clown for any reason beyond the Employer's control, then Saturday may, at the option of tlx: Employer, be worked as a make-up clay; straight time not to exceed eight (8) hours or forty (40) hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m. or delayed to 9:00 a.m. Make- tip days shall not be utilized for days lost clue to holidays. NO. 60: Means the Employer shall have the option of working five 8-hour days or- four 10-hour days Monday through Friday. Ifan Employer elects to work five 8-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half(I%) the hourly wage rate plus fringe benefits Monday through Friday, SATURDAY MAKE-UP DAY: Ifan Employer is prevented from working forty (40) hours, Monday through Friday,or any part thereof by reason of inclement weather(rain or mud), Saturday or any part thereof'may be worked as a make-up day at the straight time rate. It is agre(:d by the parties that the make-up day is not to be used to make up lime lost dur,to recognized holidays. Ifan Employer elects to work four 10-hour days,between the hours of 6:30 a.m. and 6:30 p.m. in any week, work performed more than ten(10)hours per clay or forty (40) hours per week shall be paid at time and one half(1%:) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. Friday must be scheduled for no more than ten (10)hours at lire straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1 'h) the hourly wage rate plus fringe benefits. All Millwright work performed ' in excess of the regular work day and on Saturday shall be compensated for at time and one-half (I%) the regular Millwright hourly wage rate plus; fringe benefits, The regular work clay starting of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved firrward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays, shall be compensated for at double(2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO. 86: Means the regular work week shall consist of five(5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and one-half(11/2)of the hourly rate plus an amount equal to one-half('h) of the hourly 'total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double(2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO. 91: Means eight (8) hours shall constitute a (lily's work commencing at 8:00 a.m. and ending at 4:30 p.m., allowing one-half(1/2) hour fire lunch, The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular work week shall consist of forty(40) hours of five(5)work days, Monday through Friday. The work week may consist of four (4) ten (10) hour days from Monday through ' Thursday, with Friday as a make-up day. Ifthe snake-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid double(2) time for work performed before the regular starting time or after the regular quitting time or over eight (8) hours per work week (unless working; a 10-hour work day, then double (2) time is paid for work performed over ten (10) hours a clay) or over forty (40) hours per work week. ' Work performed on Saturdays,Sundays and recognized holidays shall be paid at the double(2)time rate of pay. ANNUAL.WAGE ORDER NO, 9 AW9026 O'I'.�kic Page 3 of 4 1'ngcc COLE,COUNTY OVI:lt'i'IMI�' RA'I'LS—BUILDING CONSTRUCTiON NO, 94: Means eight (8) hours shall constittite a days work between the hours of 8:00 a.m, and 5:00 p.m. 'rile regular workday starting time of 8:00 a.m. (and resulting quilting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1%:)times the regular pay. In the event time is lost during the ' work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double lh(;regular rate of wages. ' NO. 101: Means that except as provided below,eight(8)hours a day shall constitute a standard work day,and forty(40) hours per week shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and on(rhalf(1%) (except as herein provided). All time worked on Sunday and recognized holidays shall be classified as overtime and paid at the rate of double(2)time. The regular starting time(and resulting quitting time)may be naov(xl forward two(2)hours to 6:00 a.m.or the starting time(and resulting quitting time)may be delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal forty(40)hour work week. When a four(4) ten-hour day work week is in effect, die standard work day shall be consecutive ten(10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of die Employer, be worked as a make-up day; straight time not to exceed ten(10) hours per day or forty(40)hours per week. Starting time will be designated by the employer. When the five(5)day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a wcx;k's work, Monday through Friday, inclusive. in the event the job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer,be worked as a make-up day; straight time not to exceed eight (8) hours per day or forty(40) hours per week. Make-up days shall not be utilized for days lost due to holidays. NO. 110: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. The starting time may be advanced one (1) or two (2) hours. Employees shall have a lunch period of thirty (30) minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday (or 5:00 p.m. on I-riday if the Employer grants a lunch period of one(1) hour), or as ' adjusted by starting time change as stated above. All work performed before 8:00 a.m.and after 4:30 p.m.(or 5:00 p.m. where one(1) hour lunch is granted for lunch) or as adjusted by starting time change: as stated above or on Saturday,except as herein provided,shall be compensate(]at one and one-half(I%)times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereol'by reason of inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight (8) hour clays or four ten (10) hour days Monday through Friday. If an Employer elects to work five (5)eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hours per week shall be paid at time and one-half(1%z) the hourly rate Monday through Friday. If an Employer elects to work four(4) ten (10) hour days in any week, work performed more than ten (10) hours per day or forty (40) hours per week shall be paid at time and one-half (1'h) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at e the straight time rate, but all hours worked over the forty (40)hours Monday through Friday will be paid at time and one-half(1'/2)overtime rate. ANNUAL WAGE ORDER NO. 9 AW9(12G U'1.c1(>c Page 4 of 4 I'ugtw COLE COUNTY II(?l�IUAl' RA1'1�, ti('!lh,UUI�I? — BUILDING CONSTRUCTION NO.3: All work done on New Year's Day, Decoration Day, .duly 4th, Labor Day, Veteran's Day, 'Thanksgiving Day and Christmas Day shall 1N.Maid at the double time rate of pay. Whenever any such holidays full on a Sunday, the following Mondry shall be observed as a holiday. ' NO.4: All work clone oil New Year's Day, Memorial Day, Independence Day, Labor Day, 'Thanksgiving and Christmas Day shall be paid at the double time rate of pay. Ifany of the above holidays full on Sunday, Monday will be observed as the recognized holiday. Harty of the above holidays fall on Saturday, H iday will be observed as the recognized holiday. NO.5: All work that shall be,done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall he paid at the double(2)time rate of pay. NO.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,and('hristntas Day shall be paid at the double time rate of pay. 11'a holiday falls on a Sunday,it shall be observed on the Monday. Ida holiday Gills on a Saturday, it shall be observed on the preceding Friday. NO.8: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day,or days observed as such, shall be paid at the double time rate of pay. The Friday following'Thanksgivirig will be worked at the E'mployer's option. If worked,it will beat the regular hourly rate ' of pay. NO. 15: All work accomplished on the recognized holidays of New Year's Day, Decoration Day(Memorial Day), Independence Day(Fourth ot'July), Labor Day, Veteran's Day,Thanksgiving Day and Christmas Day,or days ' observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If holiday falls on Saturday,it shall be observed on the preceding Friday. Ida holiday falls on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmas Day, Decoration Day or Independence Day except to preserve life or property. NO. 19: All work clone oil New Year's Day, Memorial Day,J y 4th, Labor Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. The employee may take ofT Friday following"Ihanksgiving Day. ' However, the employee shall notify his or her Foreman,General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday,the following Monday shall be considered the holiday and all work performed on said day shall be at the double(2)time rate. When one of the holidays falls on Saturday,the preceding Friday shall be considered the holiday and all work performed on said day shall be at the double(2)time rate. NO.23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. NO.49:The following days shall be observed as legal holidays: New )'car's Day, Decoration Day, July 4th, Labor Day,"Thanksgiving Day,Christmas Day,Eniployee's birthday and two(2)personal days. The observance ofone(1)of the personal days to be limited to the time between Dececniber I and March I of th+,-hollowing year. If arty of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday,the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time&one-half(1%) their regular rate of'pay for all hours worked. NO.54:All work done on New Year's,Memorial Day,Independence Day,labor Day,Thanksgiving Day,the Friday after'fhanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on ' Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. NO.60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration Day(Manorial Day), Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time ' rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. ANNUAL WAGE'ORDER NO. 9 AW90?bh�iy.chx Page I oft Page COLE COUNTY HOLIDAY RA'I'L, SCHEDULE-BUILDING CONSTRUCTION NO.66: All work pexforntcd on Sundays and the following recognized holidays,or the days observed as such,of New Ycar's Day,Decoration Day, fourth of July,labor Day, Veteran's Day,'I'hanksgiving Oayand Christmas I)ay,shall be,paid at double(2)the hourly rate plus an amount quill to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. ' NO.69: All work performed on New Year's Day, Decoration Day, July fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day steal l be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also W holidays,but if the employer chooses to work these days, ' the employee will be paid at straight -time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. NO. 71: All work performed on the(Ulowing recognized holidays shall be paid at the double(2)time rate ofpay: New Year's Day, ('residents Day,Good Friday, Memorial Day, July the Fourth, Labor Day, Veterans Day, Thanksgiving Day,Day after-Thanksgiving and Christmas Day. if a holiday falls on Sunday,it shall im celebrated on Monday. If a holiday falls on Saturday, it shall be celebrated on the Friday preceding such Saturday. r t ANNUAL WAGE:ORDER NO.9 A W9026 hdy.doc Page 2 of 2 Page Heavy Construction Pates for REPLACEMENT PAGE Section 026 COLE County echve a�stc ver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates CARPENTER Journeymen 5/02 _$23.63 7 16 $6.99 Millwright 5/02 $23.63 7 16 $6.99 Pile Driver Worker 5/02 $23.63 7 16 $6.99 OPERATING ENGINEER Group 1 5/02 $21.35 21 5 $12.23 Group II 5/02 $21.00 21 5 $12.23 Group III 5/02 $20.80 21 5 $12.23 Group IV 5/02 $17.15 21 5 $12.23 Oiler-Driver 5/02 $17.15 21 5 $12.23 LABORER Y General Laborer 5/02 $20.20 2 4 $6.40 Skilled Laborer 5/02 $20.80 2 4 $6.40 TRUCK DRIVER-TEAMSTER Group 1 5/02 $22.52 2 4 $5.50 .Group II 5/02 $22.68 2 4 $5.50 Group III 5/02 $22.67 2 4 $5.50 ' Group IV 5/02 $22.79 2 4 $5.50 ' 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. 9 7/02 CO1,1? COIIMIT 0VEIITIME 11 ATE SC1IE1)11LE -- IIle AVY CONSTIZ11CTI0N NO. 2: Means a regular work week of flirty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or tell (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof, by ' reason of inclement weather, Saturday orally part thereof'inay he worked as a make-up (Illy fit the straight time rate to complete flirty (40) hours of work in a week. I niployces who are part of a regular crew on a make-up day, notwithstanding the filet that they may not have been employed the entire weer-, shrill work Saturday at the straight time rate. Time & one-half'(1'/a) shrill be paid lbr all hours in excess of eight (R) hours per drry (if' working 5-8's) or tell (10) hours per(lily (if'working 4-10's), or flirty (40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion ofsaid (lily is worked as make-up to complete flirty hours), tinic and one-half (1 '/z) shall he paid. 1 NO. 7: Means the regular work week shrill start on Monday and end on Friday, except where the Employer elects to work Monday through 'Thursday, tell (10) hours per day. All work over ten (10) hours in a day or filmy (40) hours in a week shrill heat the ' overtime rate of one and one-half(1'/1) times the regular hourly rate. The regular work day shall be either eight (8) or tell (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions heyond the ' control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if'working 4-10's). Saturday may be work(.%I as a make-up day at straight time (if working 5-8's). Make-up days shall not be utilized fin•days lost from holidays. l3xcept as worked as a make-up (lay, time oil Saturday shrill be worked at one and one- if f'(1'/z) times the regular rate. Work peribrnied on Sunday shrill be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2) time rate of pay. NO. 21: Means the regular work week shall consist of live(5) eight (8) hour days, Monday through Friday. The regular work clay Ibr which employees shall be compensated at straight time hourly rate of pay shall begin at 8:00 a.m. and end at 4:30 p.m, Ifowever, the project starting time may he advanced or delayed at the discretion of the Employer. At the discretion of'the Employer, when working a live (5) clay eight (8) 1 hour schedule, Saturday may be used for a make-up day. The Employer may have the option to schedule his work from Monday through 'Thursday at tell (10) hours per day at the straight time rate of pay with rill hours in excess of ten (10) hours in any one day to be paid at the overtime rate of'time & one-half(1 %). 1l'the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work l'riday or Saturday at the straight time rate of pay to ' complete his forty (40) hours per work week. Workmen shall be paid one & one-half(1 1,6) times the regular rate of wages I'or all hours worked in excess of'erght (8) hour's per day (if working 5-8's), or tell (10) hours per clay (if'working 4-10's), or flirty (40) hours ' per work week Monday through Friday (if working 5-8's) or Monday through Thursday (if'working 4-IQ's). Unless used as make-up days to complete flirty (40) hours per work week, time and one-half'(1 '/2) shall be paid on Saturday (when working 5-8's) and on 1 Friday or Saturday (when working 4-10's). Sundays and holidays shall be paid at the rate ol'double (2) time die regular rate of pay. AW9026 hvy a.doc ANNUAL WAGI"Ol DER NO. 9 Page I of I COI,E COIINTV iIOL11)Ati' ItA'1'1�, S('llhl)llLl� - IIF:AVV CONSTRUCTION NO. 4: All work perfilrmcd on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall he paid at the double tinge rate of pay. When a holiday hills on it Sunday, Monday shall be observed. NO. 5: The following days arc recognized its holidays: New Year's Day, Memorial bay, Fourth of.itily, I-.rdx)r Day, 'Thanksgiving Day and Christmas Day. If it holiday fulls on it Sunday, it shall be observed on the following Momkiy. If a holiday (fills on it Saturday, it shall be observed on the preceding Friday. No work shall he performed on Labor I:)ay except in case of jeopardy to work under construction. This rule is applied to protect Lithor Day. When it holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (K) hours toward it forty ' (40) hour week; however, no reimbursement for this eight (R) 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 fen• 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. IC: The following days are recognized as holidays: New Year's Day, Memorial Day, fourth of.ltily, 1,4tbor Day, "Thanksgiving Day and Christmas Day. if it holiday fulls on Sunday, it shall he observed on the following Monday, ifit holiday fills on Saturday, it shall be observed on the ' preceding Friday. No work shall he performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect i,abor Day, When it holiday falls during the normal work week, Monday through Friday, it shall be Counted as eight (K) hours toward the forty(40) hour week; however, no reinibursement for this eight (H) (lours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double (2) the regular rate of pay for Stich work. uw90?6 hvy hokloc ANNUAL WAGE ORDER NO. 9 raga i on OUTSIDE' ETECTRICIAN These rates are to he t►sed fir the following counties: Adair, Audniin, Boone, Callaway, Camden,Carter, Chariton, Clark, Cole, Cooper, Crawfi-ird, Dent, Fnutklin,Gasconade, Howard, I towel[, Iron, .Icflcrson, Knox, Lewis, Lincoln, Linn, Macon, Maries, Marion, Miller, Monitet►u, Monroe, Montgomery, Morgan, Oregon, Osage, Perry, Phelps, Pike, Pulaski, Putnarn, Ralls, Randoll)h, Reynolds, Riitley, St. Charles, St. Francois, St. Louis City, St. LAltri3 County, Ste. Genevieve, Schuyler, Scotland,Shannon, Shelby, Sullivan,Texas, War•len, ' and Washington COMMERCIAL. WORK Occthatiot-U►I Titic Basic 'Total _ - _. l[curly. . __. ..._.. _ .__ -- Frin�c—----- -- --- hate Benefits ------- -... �.._ JOUrricyrrian Lineman $27.48 $2.45 +41.3% Lineman Operator $24.60 $2.45 +4 1.3% Groundn►an $19.47 $2.45 -+-41.3"/(, ' 1f'i'II,I'1'S' WORK Occupational Title - _ -- Basic_ _.. Total riMe Rate Benefits Journeyman Lineman — $26.47 ___-- $2.45 + 37.3% - Lineman Operator _- - —_ $22.85 __-_- __- _ $2.45+ 37.3% Groundman $17.67 $2.45 +37.3% OVERTIME RA'Z'E: Eight(8)hours shall constitute a work day between the hours of7:00 a.m. and 4:30 p.m. Forty(40)hours within five(5)days,Mondry through Friday inclusive,shall constitute the work week. Work 1x7-formed in the 9th and l Oth hour,Monday through Friday,shall he paid at time and one-half(1%:) the regnrlar straight time rate ofpay.Contractor lurs(lie option to pay two(2)hours lx-r day at the time and one-lwlf(1'/2) the regular straight time rate of pay between the hours of6:(Y)a.m,and 5:30 p.m., Monday through Friday. Work pet-forined outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celetmtted as such,shall be paid Ibr at the rate of double(2)time. ' iIOLIDAY RATE: All work perfbnneci on New Year's Day,Memorial Day, Fourth of July,Labor nay, Veteran's Day,T'tianksgiving Day, Christmas Day,or days celebrated as such,sivill be paid at (lie double time rate of pay. When one of the foregoing holidays fa1Ls on Sunchty, it shall be celebrated on the following; Monday. ANNUAL WAGE ORDER NO. 9 3102 o►n•srt.Aw9.doc AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW 1, 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 ................--------- 2. That was awarded a public works contract for Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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. ' ~^ �� AFFIANT Subscribed and sworn to before me this day of ----, 20 NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ss COUNTY OF FACONTRACT DOCUMENTS433046-Gladstone Ct&Jefferson Street.wpd December 13,2002 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION 1, 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. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ' ___—___—______-__._..___—__--________ since no Missouri laborers or laborers from non-restrictive states are available or capable of performing . FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of 20 NOTARY PUBLIC My Commission Expires: APPROVED BY: Director of Community Development, City of Jefferson, MO FACONTRACT DOCUMENTS\33046•Gladstone Ct&Jolferson Streot,wrxl December 13, 2002 CITY OF JEFFERSON CONSTRUCTION CONTRACT l THIS CONTRACT, made and entered into this I,I day of 2003, by and between _ Aple ; Inc. hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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 "Project No. 33046, Gladstone Court Sanitary and Stormwater Sewer Improvements and Jefferson Street Stormwater 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, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 40 working days for Jefferson Street and 20 working days for Gladstone Court 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_Waqes. 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. 9, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed FACONTRACT DOCUMENTS\3304o-Gladstone CI&Jefferson Streetmwpd January 29,2003 r under the terms of this contract. A copy of the record shall be delivered to the Fiscal Affairs Supervisor of the Jefferson City Finance Department each weep. 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 tinder this contract, by the ' Contractor or any subcontractor tinder the Contractor. 4. Insurance. Contractor shall procure and maintain at its own expense during the rlife of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and rContractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. r (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. ' (e) Subcontracts -In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b)and(c) hereof shall provide adequate protection for the Contractor ' and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. FACONTRACT DOCUMENTMW046-Gladstono Ct&Jefferson Streetmpd January 29,2003 1 r 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 rby anyone directly or indirectly employed by the Contractor. 5. Contractor's Responsibility for Subcontractors. It is further agreed that rContractor 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 r any contractual relations between any subcontractor and the City or between any subcontractors. r 6. Liquidated Damages. The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. r7. 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. Ci AV a 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 r 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 FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Street.wpd January 29,2003 1 necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 9. Indemnity To the fullest extent permitted bylaw, the Contractor shall indemnify, edefend and hold harmless the City, its elected and appointed officials, employees, and agents, from and against all claims, damages, and expenses, including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for those acts any of them may be liable, ' regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. ' 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated January 21, 2003 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed One Hundred Twenty Thousand Two Hundred Fifty Five ($120,255.0 0 Dollars. 13. 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. Drawings and/or sketches e. Signed Copy of Bid FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jefferson Slreel.wpd January 29,2003 r 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. 14. Nondiscrimination. The Contractor agrees in the performance of this contract 1 not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar 1 provision in all subcontracts let or awarded hereunder. 15. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, c/o Director of Community Development, 320 East McCarty,Jefferson City, Missouri 65101, and Contractor at Route 1, Box 221 E, Linn, Missouri, 65051. The date of delivery of any notice shall be the second full day after the day of its mailing. 1 16. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 1 IN 1�IITNESS WHEREOF the parties hereto have set their hands and seals this day of ��-�� , 20_ CITY OF JEFFERSON CONTRACTOR 4/ayorW) Title: 1 1 ATTEST: ATTEST: City 06A Tfi tIe: \j I c N 2 S (d r-W { APPROVED AS 70 FORM: City Counselor FACONTRACT OOCUMENTS133046-Gladstone Ct&Jefferson Street,wpd January 29,2003 1 A1FEMC JE=pi0yers mutitai casmaity compmy Home Office -Des Moines, Iowa Bond No. S243894 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That We, Aplex, Inc. Route 1 Box 221 East, Linn, MO (hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA, and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto City of Jefferson, Missouri, Gladstone Court, and Jefferson Street, Jefferson City, MO (hereinafter called "Obligee"), in the penal SUM Of One Hundred and Twenty.Thousand , Two Hundred and Fifty Five and no/100 --------------77--7- --------------------------------------- ............ .­_­._1___­_­_........._ ­­.- DOLLARS ($ 120,255 good and lawful Money of the United States of America, for the payment of which, well and truly to be inade, we bind Ourselves, our heirs, administrators, executors, successors and assigns,jointly and severally firmly by these presents. SEALED, with our seals and dated 10th day of February 20 03 WHEREAS, the above bounden Principal has entered into a ceilain written contract with the above named Obligee, dated the 21st day of January 21 01 providing for the construction or Supply Of, _EEqject k_3_qi)46 - Gladstone Court Sanitary arid Storinwater Sewer Improvements and Jefferson Street __----------- St ormwater Iniprovell'ients. ---- - ---------- which contract is hereby referred to and made a pail hereof as fully and to the same extent as if copied at length herein for the purpose of explaining but not of varying or enlarging the obligation. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all arid Singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner In said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise, to be and remain in full force and effect. PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and shall be Construed strictly as one of suretyship only. WITNESS: Aplex, Inc / , // / 11 1116pill ISoall ' nc ividwd ui Funq ATTEST: I ploycrs glut Ill "asually (Joillipally S By: 7066(3-02) 11• 1• •111114"• : '! • • ! 11.1 11115 ! • 1 t • EM[C, Insurance CA,ol.111)IIIIIlICS No. PA). Bit\ 712 • t)c` Nlkiinv%, toNN a 511303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT OW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casualty Company,an Iowa Corporation S. Dakota Fire Insurance.Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. The Hamilton Mutual Insurance Company,an Ohio Corporation 4, Illinois EMCASCO Insurance Company,an Illinois Corporation hereinafter referred to severally as"Company"and c.ol!ertively;is"Gonipantos each door,,by those pro:+eats,n,aka.conslit:ctu and appoint. LINDA NOLTING, SHIRLEY A. POPEJOY, INDIVIDUALLY, BLUE SPRINGS, MISSOURI ................................................................................ THOMAS S.NAUGHT, HARRY NAUGHT, DOROTHY BAKER,TERESA STEPHENSON, SARAH NAUGHT-BARGFREDE, WILMA KEISER, MARCIA NAUGHT,TIMOTHY P. EASTIN, RICHARD NAUGHT, INDIVIDUALLY, JEFFERSON CITY, MISSOURI ................ its(rue and lawful attorney-in-fact,with full po;::ir and aulhnuty r onft:rred to sgpi. seal, and execrite ds lawful bonds undortakimis, and ether obligatory instnunents of a similar nature as hollows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS .............................................•.........,.. ................................... ($10,000,000.00) and to bind each Company Iliereby w,fully and to the same exhomi .it.11 such InsUununts ;er;u; ;;I,.in:l by ilW ']Illy duihan;ell officer l;rn each sut.h Conipany, and,ail of the acts of said attorru y pursuant to ttie anthem)heroby glv,�n ore hi�roby ribfied and r,nnf!rm'-.rl The authority heroby granted shall exprrc April 1, 2005 unless,soonr;t revoked AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and r xecuted pursuant In 'uid by the authonly of the folluwaut 11.1sohiln.m of till, Roams of 0w..•ctnrs of each of the Companies at a regularly scheduled meeting of each coonpany(fifty caller)and held ill I0T9 RESOLVED: The President and Chief Executive Officer,any Vice ProslderiL th(- f roasurer and the Sr:r.ret;uy of Enyiloyets mutual Casualty Company shall have power and authority to (1) appoint attorney;;-in-fact and authorize them to execute_: on b0iaif of each Company find attach the seztl of the Company thereto, bonds and undertakings,recognizances,contracts of indemnify and other writings obligAtory iii the nature thereof,and(21 ten remove any such attorney-9n-fact at any rose and revoke the power and authority given to him or her.Attorneys-in-fact shall have pov;er and tiulhoniy,subject to the Uxms and lunifalions of the powor-of-alforney issued to them, to execute and deliver on behalf of Ilia Company, ;.rld to alt,u:h the seal of the Company thereto bonds rind undertakings, recognizances, contracts of indemnity and r writings obligatory in the nature thereof,and any such uishillit:nt exeruled by any such attonu;y-m-fact shall be fully arid in all respects binding upon the Company. ification as to the validity of any power-of-atlorney aulhot.zed herein anode by nn otlicer of Employer", miltual Casualty Company shall be fully and in all respects ing upon this Company. The facsimile or niech,inically reproduced sulnature; of such nfftcer. whethr:r made herelofnie or fic-ionfter, wherever appearing upon a certified copy of any power-of-attorney of the Company.311011 he Valid rind hindinq upon the;C:ornpanv .vitfi the s;,nw force and affect As though ManL;llly affixed. IN WITNESS WHEREOF, tine Companies hove eau Y d these; I)WY; nts to bu sutned lot wich b;their olfld.eis a:,sh'w"n.and the Corpocnl;seals to bu 1!ereto affixed this ._Lath__._day of . . .- October 2002 D - - Seals hfort,G Kt!lley,l;hanm;u� Jeffrey S Rirdsley •`° "': f i.;ompan� 1 \hr('Ci„i�rrirui,reJ SEAL 1863 1 Ja;i A C)of Company 7 ,i,thi�,l0th driv of Octobet All 2002 before me a ;�....... •• *JIfy Puhhr In and I'ir t1w !state c.f lov:a. peic;unally,ipjwared Brur.e G. Kelley and Jeffrey S. ?irtlSley, ivun, huniei b) nn+(luny ;vrxn did';ay thal they ,Ile,and are known to rile to be the f'resulcill, Vti e dataum,ui ,11X1 (�1 and/or Assi.i4ml Secrraary, respectively, o! SEAL Al SI 111. each of 11r;Cnugr,nle�,.stxne.ih;it the scats,;ilfixed to this uistnunen!:.tic; the seals of Said fh it!;;11(1 uistrumrrril Vas ,lned earl sealers on behalf of each of the Companies h`; ,• it <'uth:'rily of !heir n sp art! liu,rt(ts; of D rw toi� antl thid the said Cirdce G, Kelley and Jt!ffrey S C3u(I,;Ic?y, ii:`>u(h„iliiers ,n:kn,wledr{er the e xocuiion of said ulStriNmCrlt to be the volun1a1;y rut'Ind dt c,cd of ea,1,of Ihi l;unipani:r UT rG M}:Col ill;n:;';lo,i 1.1pur:;So.f,lun;hr;r 30."Ill), 9 orow�rre..�.u...wwurw.. .. �LK,�i ,� ��”' `•. RU1 A KRUMINS Commission Number 176255 � . '`-`�^^•�_�^•---.-) h1y Cornet by Settt,39,2000 No fly IItihlu:in and lot ihu Siafe of Iowa Al\`� CERTIFICATE 1,David L.Hrxonbaugh,Vice President of tho Conipanu:z;.do hereby cr;rtify that 11w fom(p,Ini m;oluluiu ill the Ro,mis of Do...(itors by each of the antes,and this Power of Attorney is;sur;cf pursuant there(()oil October 10, 2002 half of Thomas S. Naught, Harry Naught, Dorothy Baker,Teresa Stephenson, Sarah Na Light-Bargfrede,Wilma Keiser, Marcia Naught, rue and correct and aro still in full force and eff00, Linda Nolting, Shirley A. Popejoy, Timothy P, Eastin, Richard Naught in Testimony Whereof I have subscribed illy mania and affixed thi; acsinulu seal of each Crrnhamy this day of Vice-President r 07 • M. MR,I M I N M.I I an. MM. • • r 15 2 8 1 6 3• AF EM 1?mployers Mutual Casualty Compalty Home Olfire • Des Moines, lowa Boned No.5243894 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That We, Aplex, Inc. Route 1 Box 221 East, Linn. MO _(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation eorganized and existing under the laws of the State of Iowa and aulhoii/od to Transact business in the State of Missouri (heminaftor called "Surety"), as Surety, are held and firmly bound unto the City of Jefferson, Missouri. Gladstone Court and Jefferson Street, Jefferson City, MO (hereinafter called "Obligee'), in the penal sure of Ono Hunclrecl and Twenty Tliousarul, Two Hundred and Fifty Five and no/100 DOLLARS, ($ 120,255 ), good and lawful money of the United States of America, for the payment of which well and truly to b0 rauulo, we bind ourselves, our heirs, administrators, executors, successors and assigns, joinlly and severally, firmly by these presents. SEALED with 01,11'seals and dated this 10th I I clay of February - , 20 _ 03---..--- WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 21 st clay of January 20 03 providing for the construction or supply of, Project #i 33046 - Gladstone Court Sanitary and Stomawrlter Sewer Improvements _. and Jefferson Street Slormwater IInprovemonts. Which contract is hereby refen-ed to and made a part hereof as fully and to the stone extent as if copied at length herein. NOW, THEREFORE, IF the Principal shall promptly make Iray111011l to all persons supplying labor and material in the farosecution of the work provided for in said crnUracl, then this obligation to be void; otherwise to remain in full force and virtue. SIGNED and sealed this 10"' clay of Fe11►rll, 20 03 WITNESS: Aplox, Inc. ip, S nl m wuluta of r"nnp ATTEST. h u �lo�er's 11'lulu;rl Coasud,111N, C ►nilru�y Ivl 1 J.._ ._ (If Col{)(rmh(m) AUum oy-m-F.10 7067(3.02) -- ---- - - -- ----------- - ------- • • t• n •• •• • • �• • • t • EM C Insurance Companies N®. 509948 _..�— I'0. Box 712 w Des Moines, toiiia 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT OW ALL MEN BY THESE PRESENTS, that: Employers Mutual Casua!ty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation G. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. The Hamilton Mutual Insurance Company,an Ohio Corporation 4. Illinois EMCASCO Insurance Company,an Illinois Corporation hereinafter re(orrrd to severally as"Company"and collectively as"Conlponies",each does,by Utese pn;senl�;,make.;;onsttute and.appoint. LINDA NOLTING, SHIRLEY A. POPEJOY, INDIVIDUALLY, BLUE SPRINGS, MISSOURI ................................................................................ THOMAS S.NAUGHT, HARRY NAUGHT, DOROTHY BAKER,TERESA STEPHENSON, SARAH NAUGHT-BARGFREDE, WILMA KEISER, MARCIA NAUGHT,TIMOTHY R EASTIN, RICHARD NAUGHT, INDIVIDUALLY, JEFFERSON CITY, MISSOURI............... its true and lawful atiomoy-arl•Iacl, Willi full power and authority conferred to sign,seal, and execute its lawfui bonds. undertakings, -wd other obligatory rnstrunlents of a similar nature,as lollows. IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS .............................................................................................. ($10,000,000,00) and to hind each Company therehy as filly;anrt to flat!sanua extent as if str,.lr ulstrumenis were sirinc:r4 by the dilly;wthon,,ed offerers of e;a:`a such Company, and all of the acts of said attorney pursu,ult to the authonty hereby(liven are hereby ratified rand cnnfinned The authority hereby granted stall oxpuu, April 1, 2005 unluss sorincr revokod AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attcrnoy is nladu and exet;uded pursuant to ,{n' by the authority of tho follo',ving ro;s)Iubon of the Boards oaf Directors of each of the Companies al a regularly scheduled electing of eiich rrnluMny duly called and held ua 1999 RESOLVED:The President and Chief Execut,ve Officer, any Vico Pr:sr(fent. tyre Treasurer and the°r:raotary of Fnlployers Mutual Casualty Company shall have power and authority to (1) appoint atlorneys•rn-f,,rt ,and aulherire them to execute on behoif of each Conrpan; and attach the sea of the Company thereto, bonds and undertakings,recognizanees,contracts of indemality ancf other WrlinT;oabliyalory in lhr;nature thrlroof, rand(2)to refnove any such attorney-in-fact it any time and revoke the power and authority given to Inn or her Altorneys-In-4ac.l shall have pov,er 1110 autluuly,subjerd to the torah,and Irtralations of the power-of-attorney issued to them. to execute and deliver on hehalf of the Comp(:ny, rand to aliach the seal of the Company thereto, bonds and undertakings, recognirances, contracts of indemnity and .r writings oblaclatory in the raaturo thereof,and any such instrument exucutud by any such attorney in fact shall bra fully and in all respects binding upon the Company. ification as to the valic!ity of any powr.r•of-attorney authorized herein made by an offirur of E:niployer,; Miltual Casualty Company shall be fully and in all respects ing upon this Company The facsimile or mechanically repmduu;ec ;gn,ature of Such officer. v:hather made heretofore or hereafter, wherever appearing upon a certified copy of any power-of auorlaey of the Company,shall N valid and buadinti 111)01)'he Coonprany with the s.ulae force,and affect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused these preseills to be!;'ynud for e;wh by(heir n!firrre; m,sl,cx:n and the Corporate seals to be hereto affixed this --_1.0th. . dray of October 2002 2 11 A Seals ��� �ffrey � 1„ �;Y���,, � Einar.(:G.Kelley.Cnrunman J dsley ��� '+i; of Ccmipanie :' 3 t !i F G. 'resair�nl A;sistant.Secretary of C:ot"pany 1,Vice Charon;i n;and SEAL Iti6s a'I?:3 r%FQ of Conap;any ” Can t!a,sl0th c!ay of October AD 2002._ before me a hloLary Nut:,lip. in and for Uhc Stale of lovva, personally appeared Bruce G. Kelley and Jeffrey S. Ejuds4;y.Who, briny by are duly:;v.orn,onion say that they are,and are known to me to be the r:h;urni,ln, President. Via, Charanaan and CEO, and!or Assislanl Secretary, respectively, of SEAL SFAI Sl At eef;il c.l Iht; Compan es above.,that the seal,affixed to this instrument are the seals of said oil;orations, lh;il s;i ;l inslruinenl was sl(wod and sealed oil behalf of each of the Companies by authonly of (hell respr;c;live Boards of Directors: and that the said Bruce G. Kelley and ,if ffwy C huef,toy, ;ati such officei,;, acknowledge the execution of said instrument to be the A t i ub inl,iry act wid doed of each of the Copanies. U Uq R. m qty Ct'nun�sswn Exprei;September 30,2003. a � � ; ✓' �% R U TA KF2UMINS Commission Number 11625'; My Comm.E xp. tlolary Public I l;Inca for the Slate of Iowa CERTIFICATE I,David 1, 1l1renbaugh,Vlcrl President of the Conip(inin';,rlo hereby cefOfy[hill the,lurr;yrnny resolution of tho Boards of Directors by each of the antes,and(his Power of Attorney issuud pursuant thereto on . October.10, 2002 _ half of Thomas S.Naught, Harry Naught, Dorothy Baker,Teresa Stephenson, Sarah Naught-Bargfrede,Wilma Keiser, Marcia Naught, true and corroct and are still In roll force and effect Linda Noltiny, Shirley A. Popejoy, Timothy P. Eastin, Richard Naught In Testimony Whereof I have subscribed my name and affixed theacsinule:>cal of each Company th s _ day of Vice-President • • 0 • -• M.ITIM• • i •i• GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified as set forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions,Bid,Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work,all of which are hereto attached,and other drawings,specifications,and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by ail. The intention of the Documents is to include the furnishing of all materials,labor,tools,equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1) with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development One (1) with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract"or"Contract Documents"shall include all of the documents enurnerated 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. FACONTRAC T DOC:UMENTSMG46-Gladstone Ct&Jefferson Street.wpd December 13,2002 5. "Engineer"shall mean the authorized reprosentative 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. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 8. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words"as directed","as required","as permitted","as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words "approved", "reasonable", suitable", "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is rnade in these Contract Documents containing the expression "it is understood and agreed"or any expression of the like import,such expression means the mutual understanding and agreement of the Contractor and the City. ' 14. "Missouri Highway Specifications" shall mean If o latest edition of the "Missouri Standard Specifications for Highway Construction" prepared -)y the Missouri Highway and Transportation Commission and published before the date of this -ontract. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. ' The relation of the Contractor to the City shall be that of an independent contractor. FACONTRACT DOCUMENTS\33046•Gladstone Ct R Jefferson Street.wpd December 13,2002 GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and lie 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 I o 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 responsibiiity during construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full arnount 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 INSURANCE GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be In the amounts, form and companies satisfactory to the City. The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City FACONTRACT DOCUMENTSM046-Gladstone Ct&Jefferson Street.wpd December 13,2002 r prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in in insurance company authorized to- do business in the Stale of Missouri, GP-6,2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY INSURANCE r (1) Bodily Injury Liability insurance coverage providing limits for bodily injurlo;s, including death,of not less than $2,000,000 per person and $300,000 per occurrence. r (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. rThe minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2, 6.3, 6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of, or structural injury to, any building or structure on or adjacent to the City's premises, or Injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground, GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE ' LIABILITY INSURANCE FACONTRACT DOCUMENTSM046•Gladstone Ct&Jefferson Street.wpd December 13,2002 1 Contractor shall carry in his narno, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance as will protect him against any and all clai°.is 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 Lmployor'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 arid cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE 1 This insurance shall insure arid 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. It the aggregate value of the City-furnished and Contractor-furnished equipment is less than$10,000 such ' equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to ' larceny, theft, or any cause whatsoever(except as hereinbefore provided) to the structure on which the work of this contract and any modifications, alterations, enlargements thoreto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials,and supplies necessary ' to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY ' The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses, damages, costs,expenses,judgments,, or decrees whatever arising out of action FACONTRACT DOCUAAENTS\33046-Gladstone Ct&JoVorson Stroot.mxl December 13,2002 or suit that maybe brought against the City or I-nglneor 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 clairn 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-6.92 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE 1 Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. FACONTRACT DOCUMENTS\33046-Gladstono CI&Jeflarson Shoot.wtxl Decornber 13,2002 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 a ccepiance of the otter contractor's work as fit and proper for the reception of his work,except as to def ects which may develop in the other contractor's work after the execution of his work. Wherover 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 Shull be established by the Engineer, In order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages,the said Contractor shall pay such award; f inal 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 1 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. FACONTRACT DOCUMENTSM046•Gladstono Ct&Jorierson Stroelmpd Decembor 13,2002 GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantitios 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 r.is meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes of e local or state authorities, shall mean the latest standard, rode, specification, or tentative specification adopted and published at the date of taking bids, unless specifically staled otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of(fie construction activities or responsibility for their safely. The sold duly of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications of 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. FACONMACT DOCUMENTS\.93046•Gladstone Ct& Jofforson Stroet.wlxf December 13, 2002 e The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order f rom 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 questior._;d work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. if such work be done in accordance with the Contract Documents, the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines, scopes,and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required. No claims shall be mado 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 slakes,bench marks, or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. ' GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the f urnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. FACONTRACT DOCUMENTSM046•Gladstono Ci&Jofferson Strootmixi Docember 13,2002 GP-18 WATER All water required for and in connection with the work to be performed shell be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipmonl or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a ccmpetent 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 attenlion lhal only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC ' Whenever any street is closed, the Police Department, Fire Department, and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic, the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project, wherever homes are served directly from a street or portion of a street which Is to be reconstructed under this project, the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to tho construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights arid 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. BCONTRACT DOCUMENTS\33048-Gladstone Ct 8 Jolferson Stroot,mxl December 13,2002 GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than ti,ase 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(fie storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and ' utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. ' In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor, without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP 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. r FACONTRACT DOCUMENTM33046•Gladstone Cl&Jeffrarson Streot.M)d December 13,2002 GP-24 NO WAIVER OF RIGHT'S Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach, GP-25 USE OF COMPLETED PORTIONS If desired by the City,portions of the work maybe 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 1 adjustments is not clearly defined in the contract documents. FACONTRACT DOCUMENTSM046-Gladstone Ct&Jolferson Streot.wpd December 13,2002 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 estimrUe. The Owner reserves the right to contract with nny 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. Extras 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 prier. 2. Method B: By agreed lump sum 3. Method C: If neither Method A or B can be agreed upon before the work is started,then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time, then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. rGP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time Is provided, to supply enough properly skilled workmen or proper materials, or if tie 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 F.\CONTRACT DOCUMENTS\330,16•Gkidslono Ct&Jefferson Slroetmfxl December 13,2002 Contract, then the owner may, without proJudiUl to any other right or remedy and after diving 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. It the unpaid ' balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be slopped under an order of any court, or other public authority, for a period of three months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five (5)days written notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, of from the action of the elements, or from floods or overflows,or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne by the Contractor at his own cost and expense. GP-32 SUNDAY HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory ' manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation In the work shall be new, unused, and undamaged when installed or otherwise incorporation In the work. No such material or equipment shall be used by the Contractor for any purpose other than that Intended or specified, unless such use is specifically authorized by the Engineer in each case. FACONTRACT DOCUMENTS\33046-Gladstone Ct&Jolferson Slreet.wrxf December 18,2002 IIIIINIIIIIIIIII GP-35 DEFENSE OF SUITS In caso any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure, omission, or noglect of the Contractor to do Paid perform any of the covenants, acts, matters,or things by this contract undortakon to be done or perlormod,or for the injury or damage caused by the negligence or alleged nogligonco of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful domands of subcontractors, workmen, material men, or suppliers of machinery rind parts thereof, oquipment, power lools, and supplies incurred In the fulfillment of this contract, the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessaryor desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-37 CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this tirne will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six (6) hours,the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which tie deems justification for extension of contract time. if the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, tie shall state his reasons in writing, furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-39 LIQUIDATED DAMAGES ' 'rime is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the ' contract,and will be deducted from any money due the Contractor under the contract,and(tie Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue FACONTRACT DOCUMENTS133048-Gladstone Ct&Jefferson Streotmfxf December 18,2002 e e and finish the work or any pert of it aftor the expiration of the specified timo, or aftor any extension of the time, shall in no way operate as a waiver on lho part of thr, City or any of its rights under the contract. GP-40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the items listed In the schedule of the laid or for such e,:tra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction frorn the Contract price shall be made therefore. (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in plane, 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 FACONTRACT DOCUMENTS133046-Gladstone Ct&,Jefferson Streot.wpd December 18,2002 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 to excess of$5,000,the City shall select products manufactured,assembled or produced in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-45 AWARD OF CONTRACT- REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Department of Community Development, an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%) as measured by the U.S. Bureau of Labor Statistics In its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. ' An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work Involved, if so certified by the contractor or FACONTRAC'r DOCUMENTS\33046-Gladstone Ct&Jefferson Street.wpd December 18,2002 subcontractor hereunder and approved by the Director of Community Developmentof the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30) days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson, Missouri, or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who 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. END OF GENERAL PROVISIONS r t FACONTRACT DOCLIMENTS\33046-Gladstone Ct&Jefferson Stroot.wpd December 18,2002 SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SPA TECHNICAL SPECIFICATIONS AND DETAIL S The Technical Specifications for this project shall consist of the 1999 version of the Missouri Sta�.dard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in the contract documents. All construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid for the project. SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be field to discuss the project, its scheduling and coordination of the work of others. The conference will be attended by representatives of the Owner, the Engineer, the Contractor, Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-4 PREVAILING WAGE LAW 1 Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. Complete insurance requirements are contained in section six of the General Provisions of this document (GP-6 INSURANCE) F;\2002iobs\1203.600-BLOCK-AI.LEY-CENTRAL-DAIRYIspecial provisionAm December 18,2002 SP-6 MAILBOXES If U.S. Postal Service access to any mailboxes will be interrupted during construction, the Contractor shall contact the U.S. Postal Service to determine where the mailboxes should be set during construction. Mailboxes shall be reset at appropriate locations by the Contractor once work is complete. ' Any materials damaged by the Contractor shall be replaced with ,oaterial of better or equal type and quality at the Contractor's expense. SP-7 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. No open trenches shall be left unattended at the job site. The contractor shall backfill or plate any open trenches prior to leaving the job site at the end of each work day. Hours of Operations: Jefferson City Coca-Cola Bottling Company 4@m-8pm M.-F, 7am-12pm Sat. Tyler's Lock & Key 8arn-5pm M-F J&D Bicycle Shop 8:30arn-5:30pm M-h, 8:30am-4:O0pm Sat. SP-8 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-9 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-10 ROOF DRAINS All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. See Technical Specifications Section TS-29, Downspout Drains. SPA 1 REPAIR OF DRIVING SURFACE eAll sections of pavement damaged during construction shall be replaced in accordance with the following requirements: F:k2002jobs1 1203-600-BLOCK-ALLEY-CENTRAL-DAIRY\special provisien.frm December 18,2002 Existing Pavement Base Surface PCC Street ---- G" PCC Bituminous Strut 5' PCC 1-'/2"AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix Is riot available. The cold mix shall be removed and the permanent hot mix shall be installed when it hecomes available. Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and repair of the driving surface shall be subsidiary to construction. SP-12 ADJUSTMENT OF UTILITY SERVICES The necessary adjustment of utility services such as water, gas, telephone, and electric, including meters, valves and other appurtenances shall be subsidiary to the work with the exception of the electric service noted on the plans for the Gladstone Ct. project. The contractor shall expose the electrical service line shown on the plans as crossing the concrete stormwater chute at Gladstone Ct. to determine the extent of it's relocation. The relocation of the line shall be paid as "Eloctric Conduit Relocation" Item No. 1.18, and paid per linear foot, The item shall include all work, materials and coordination to accomplish the relocation with the exception of the new conductor(wire) and pulling of the conductor. The new conductor and its pulling will be completed by AmerenUE. The conduit type shall be as specified by ' AmerenUE (minimum requirements are 2.5 inch gray schd. 40 UL rated) SP-13 INSTALLATION OF SEWER PIPE The unit price for the installation of sewer pipe shall include all necessary excavations, ditching, backfilling, street repair, bedding, shoring or any other item required to complete the installation of the pipe. SP-14 ITEMS TO BE LEFT IN PLACE Items marked "LIP" on the plans shall be "left in place". Any damage to these items, or other items that were riot to be disturbed by construction shall be repaired by the Contractor at his own expense. ' SP-15 CONSTRUCTION STAKING The City of,Jefferson will provide staking for all structures with an appropriate offset and provide an on site bench mark for elevation control. The contractor shall ' preserve all stakes for their use in construction of the projects. SP-16 PROJECT COORDINATION MI ULTIPLE PROJECT SID tOnly one project in this contract shall be under construction at a time unless prior approval is obtained from the Engineer. F;12002jobs11203.800-BLOCK-ALLEY-CENT*RAL-DAIRY\sp(icial provision,frm December 14,2002 1 SP-17 TRAFFIC CONTROL DURING CONSTRUCTION, ITEM N0, 2,03 All work shall he it :accrx(lilt cu with the Manual on Uniform I raffrc: Control Devrc'e s Signs, cranes, and barricades shall be placed to prntcict workers and equipment .and to protect the public., by marking open trenches and other potential dangers. All barrels, banrcades and signs shall be equipped with standard flashing beacons "ROAD CONSTRUCTION AHEAD" signs shall be placed appropriately on both ends of project to notify file public of construction along Jefferson Street Stormwfater Sewer Line 13 crossing Jefferson Street and all other construction on Jefferson Street shall be constructed in such a mariner that two-way vehicular traffic; shall be maintained at all times. When flagging traffic around the project, two flaggers with appropriate paddles shall be used. All lanes of traffic on Jefferson Street shall be open for use between 7:00 am - 9:00 arn, 4:00 pin - 6:00 pill and the end of each working day. The contractor may use street plates or temporary surface material, etc. to accomplish this specification. g'he contractor shall coordinate the work within the Jefferson Street alley's, driveway approaches and Jefferson Street with the local business owners. Access to all properties (stores/offices/residences/etc.) shall be maintained at all times during construction. This may require work outside of normal business hours, etc. Hours of Operations: Jefferson City Coca-Cola Bottling Company 4am- Elpm M-F, 7am-12pm Sat. Ty!ar's Lock & Key 8am-5pm M-F J&D Bicycle Shop 8:30am-5 30prn M-F, 8.30am-4,00pm Sat SP-18 HDPE PIPE COUPLINGS (CONNECTIONS/JOINTS.) All HDPE pipe couplings shall have water tight gasket connections. The gasket material shall be closed cell expanded rubber or neoprene in accordance with the manufacturer's specifications. No direct payment will be made for the water tight connections. The contractor shall submit manufacturer's shop drawings for pipe material, joints/connections and installation recommendations. SP-19 SANITARY SEWER ITEM NO. 1.06 This item concerns the sanitary sewer,work at Gladstone Court project. The contractor shall reestablish the integrity of the existing exposed live sanitary sewer main adjacent to the proposed stormwater sewer at Gladstone Court. Upon completion of the project the exposed sanitary sewer line shall be in conformance with all the City of Jefferson's Tochnical Specilicafions, including horirorstal/verlical alignment, granular/flowabie fill, cover, aatc, This work shall be paid as SANITARY SEWER, a linear foot quantity and no other payments will be made for the work. SP-20 "ROCK EXCAVATION" ITEM NO. 1.03 and 2.04 No explosives may be used on these projects. Any required rock removal shall be accomplished by mechanical chipping, jack-hammering or other methods approved by the engineer, The City has conducted an available records search of the sites and completed preliminary field investigations to determine approximated potential rock quantities. FA20021obs\1203.600•BLOC K•ALLEY•CENTRAL-DAIRY\special provision.frm December 18,2002 Based on the investigations we hrive dotorminod that rero.-ten (0.10) cubic,yards of rock may be encountUrOld on er:rch project. The payment for rock excavation is hereby set by this special provision at $135.00 per cubic yard excavates. Payment will be based upon actual field measurements of rock oxcnvated and will not be used as a basis for evaluating the project bids. SP-21 GABION REPLACEMENT ITEM NO. 2.10 This item concerns the now pipe pentration specified through the existing gabion wall. The item shall cover all cost of removal and repair of the gabion wall to like now condition, for the pipe penetration. The finished wall shall conform to the pipe. Gabion reconstruction shall he of equal or better materials/quality, any deviation will require specific approval of the engineer. SP-22 GABION MATTRESS ITEM NO. 1_14 This item shall be for construction of a standard galvanized wire type mattress that is uniformly partitioned. The mattrosses shall have preformed stiffeners at each exposed face, the lacing and connections shall be in accordance with the manufactures recommended practices. A detailed shop drawing shall be supplied for the approval of the engineer for mattress materials, stone filler and construction techniques. This item shall include the cost to supply and construct a complete in place mattress, stone filler, geotextile lining, etc. SP-23 FLOODPLAIN DEVELOPMENT PERMIT A floodplain permit for work adjacent to the East Branch of Wears Creek (pipe outlet for Jefferson St. project) has been obtained by the City and is on file at the City for the Contractors review. The contractor shall comply with all conditions associated with permit. SP-24 TOP SOIL FOR LANDSCAPE AND SEEDING AREAS MThe top six inches of all areas of the project to be seeded or landscaped shall be free of rocks, stones and clods prior to seeding. To accomplish this requirement may require the contractor to utilize mechanical rock rake, hand picking of stones, and/or placement of 6-inch of clean topsoil. No direct payment will be made for this requirement. SP-25 "PROPOSED ASPHALT" ITEM NO. 2.220 Areas noted on the Jefferson St. Stormwater plan as proposed asphalt shall consist of ' 5 inch concrete with 1.5 inch asphalt surface. The pay item shall include both the concrete and asphalt materials, labor etc. END OF SPECIAL CONDITIONS r F:\2002jobs\1203-600-BLOCK-ALLEY-CENTRAL-DAIRY\special provlsion.frm December 18,2002 FINANCE DEPARTMENT PURC1-IAS1N+G DIVISION S11BJ1 CT: Bid 2054 - Gladstone Court Sanitary and Stormwater Sewer Improwments and .Icllcrson Street Stornlwatcr Inlprovcnlcnts Project 33046 Community I)evelopnlent Opened .larwsu•y 21, 2003 BIDS Aplex, Inc., Linn. MO `6 120 255.00 *'I'wcllous I;xcavatil1g. -ICIT PS011 City. MO 132-394.00 *J C 11 (IUSIPiCS, JC11CI-Son City. MO 132,467.85 Don SChniedCl•s Iwseavating, Jefferson City. MO S 159.780.80 Mucnks Gros. C'on5traCtion. loose Creek. NIO 190.748.90 I- 1SC'AL. Nt: TI : 3501-9000-7350-3007 Misc. Neighborhood Improvements Budgeted 2002-2003* $ 335.401.00 Bid 2050 120.255 00 Balance $ 215 200.00 *l'uuds to be reapproln•iatcd in the above anu0urlt. PAST Ill-AI"ORN1ANCF: The City Ilan used this vendor on a number ol,projects in the past and believe they will complete the project us specified and bid. IZIC'(.)NlNll NL)A'I'ION: Stall'reconlnlcnds the award ofthe bid to the lowest bidder. Aplex, Inc., ol'L,inn. Missouri in the anwunt of$120.2i5.00. A"1 TACI IN1I:NTS - SUPPORTING DOCl1�11:N'1'A'tIUN 'tabulation of Bids, Departmental IZcconllllcndation �Q Signature ��-..�.s, I'urchasulg Agent Dir ct )r, kolllvullitv Development interoffice MEMORANDUM Date: January 24, 2003 To: Terry Stephenson Purchasing Agent, Finance.. From: Pat Sullivan Director, Con 'ity Development Re: Gladstone Court Sanitary and Stormwater Sewer Improvements And Jefferson Street Stormwater Improvements. Project No. 33046 Bid No. 2054 The Community Development Department has completed a review of the bids opened at 1:30 pm on Tuesday January 21. 2002 for the at)ove noted project. As part of the review all the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors. For your information attached to this memo is the tabulation of the five (5) bids that were received for the project. Based on our review the Community Development Department recommends acceptance of the bid for$120,255.00 (the lowest received bid) for the work included in the proposal from Aplex, Inc. Route 1, Box 221 East, Linn, Missouri. Expenses for the project will be charged to the following account: Account Number: Amount Available. Amount Required. 3501-9900-7350-3007 $335,46x.00 $120,255.00 If you need any other information please feel free to contact Matt Morasch, of my staff, at extension 453. PS:mm Attachments: Bid Tabulation Sheet Original Bids Submitted C: Rich Mays Jack Kramer Tom Jones Matt Morasch Central File F;\20021obs\1203.600-BLOCK-AI.LEY-CENTRAL-DAIRY\rec purchasing mumo.doc Iii of 7 CITY OF JEFTCRSON JAn.ary 71,21x17 BID TARiILATION Old Nn 110114 ()i.A I1')TN11I 1:111 In Wilt ARY AND 1II)IIVWA II It 90M:H IMANUVE MT.1119 MID,II I It ii 9t)II T,it 011M.YATi N MPNr)VI NF,1I PRUJEr^T NO 33(11(11)(120 6:1:1046(N121 FN(IINCt.It%Pit I MAI t APL I1 Inc Term,!tlA Awtmy 1'0 1140011 ID 115INC ITEM ATI'llltA UNIT UIIIT Iltiil UNIT NO bf:5C1111•I10.1 UNit U!IAN111V t;ItlCl AMUUNI 11ItICT A.011111 �INCI A/AryPIt� ��I�ICF AMgNNT CI EAMNO OHVI114.1(;.AN!' 191 NL-1.1OJAI.i 15 1 LS,YYI IA) "W)(v, 1..1'111 Du 4)1W(t VI;(r,h, is 1!'11!1, MYX1(n; IS 1")01) 1_02 UNCAN.1PAD1N6 ,1 4,11 (15('1 14,(1Y)Ili 1.111x' to:111,1• tltl✓ tS:,N S(1 LS IY) t2(moo 1`10C),DCAVAN(N 1.0.7 1'r,romm;, ;t':01 r.. to LS?5 fn f1 J•r)I,,) Sl.l'.In S' 'vYr1 It I'.G: 1' L'wl(rt SUA(K7 SLSMM 1 N 5(1'11 ;tANDA110 1,1A11,'ry l In 1 St.•'X,rYI 311•,41.,4) It 11)'1(1 31 1run1, 4:'.A'A. 1",JI,n $17ln001 111(11X) !lAtill ANY",LYIC II IA JWu I 105 AD,l..S11AI NT I+ W14In WA)In t51N)tu: 11;6 SA4•'ARY';I JICII Ir ;ra b,',.r1 1'!•w:I•; L:'I p1 $A(il ur (211-) LA':riIII 1 07 GC1JUIICTC 1,WAT F.Ih It r rl , A', it,I:✓, f:''19,Ip SN1110 tt n+w,.r, LIa U) ,,.',l ,.) V15 WI 51,575 no t 011 N'XI,ARIA INI.1:1 Ill-ti,2'niMN.4.•11: 1A I SA(11,11 SO t•n(K) 1:.Y><1 r.1 17.':x1 iY, 4'1v'r(Y) ,711ull t.'ivnM 321,4'11(11 I C✓l 6 X N Allk.A If.1 ET(-11,'11,sn yrm fA i 1111,41,1•.1 Sn,v»ro WWld ,r. 1.'f.•,u'rl S:n✓,:r, y;"v'Ir) 1:,"11(1 17(9'0 lxl 15'CIA(,M1'Lt(ji!ArJAII n PWL DI 110 401G;. ii 9 SE1'rl is-I S.I. u)S',Ill f:sill $4 ill a -n t5uon lA '),A N(,I'( ;I0N0.4V4A1f I, 1 11 IN f'I.A(:I. to t.11l lrl 1', w6 t'1 14;19'(, t1 701:5 30•^IA IID^(.';'(,4•!.;111 ur1,1'1 112 IN PLAT•( ,I '.a y.u),r. t:'n rl rn 1s1'Y: LL t:1n; ta' t") v,A U'. 1.150 $70!,500 31;t11A l)Nf1: 'IAI,FD I:',, 1411' :;U. 710II N!:(:CiNI:1'.1 1VA.1 I A 1 3.191:1" A1.r1 1'f 1-•51 r, 3^.'w,111 LHrJ S71Y7 In ,n 0'41'1111CC I All 1114 MA 1;If '111111 1.1.1 /f-rvt!IF 1.0 1-11.1) 311.5(11 n) y.H1W VI tun u. L1.•,r: y)n•m IP Sln,n 112O(A) 115 SI:fD AIJOMU1 Cr1 n(, it I,nr79' N!✓9,r✓1 &3!.'11 v, it 111,1 14.10:1, $1 lull- S:t,IY)W SLYA ext 116 F1CO IAAPI I'I m In r t2'a11n, :.:'inn 121"1'1,` t5rw;lr 1:':!,'11 V.1w'111) LI'!l ill 1701)M 117 EVfriGllf:1-N S,Gi,'I:,o.(.At it 1 flaw lY7 $.u.)tw 1.au;Y; 311111 Ili 1)1,)111 t'.a,nY, V1110(IN 110!0 to 1.10 EILGTRR:CCN(ll:l'ill l'n:AJIhN a w1 1::r!. tI H.10 ill) S.11i(1, 1:(1N)"0 116,") I;N.)PO 115M 52.fvn no 2.01 GI•CAfilllf/ONI)DN,N(..... .I1)VA. .Y)'.'rl�Yl f41'a9)rr; (11,1'11;Y1 1H!(n l,rl I, (,1X)1,41 110,1x11 U0 2.02 E XCAVAI,GFI ANC•)11 A("11111 Ib I 1'•trn?) "4 60 S.'.'av)W v.!,,.1 lr I2.Iq(+, 32111119' LS 01,41(11/ 35,000 LU I RAF FIC C O N tfll,••;(11.1';I III I•'.:11141 2.01 SIGtIA(lE I;, 1 V,(X,'A 1`N. ',r 4!',(rr),Y) VI,l%�X1,rI 31(4,4,111 VIA40)'A 3/'An XI $15(AI OC FIOCX EXCAVATION f5tv.,.,l 2 01 Pr(-11 m SP 201 (:V 111 It Y,I/) 3':1111:L9) $1,IS(AI $1.111)(1) $1'51), SI.J111)(11 5115(n 11 JW W 15'ROPE(;TONMVJA If N P,Ph IN 2.05 Pl Ala: U "0 LY%,b vigil , VlA fill 14(11)?; 14 1 011 Pill 1(9) WSW SAln rx) 12'RCP;il ON1AWA4,H I'll'F IN 2.09 1'1.4CC 1 r 0) SID W LI-4)u1 S!u(, SI(Y)IY1 NO(1' VICv)IYI 525 tV, 325000 15'NCP!;T JRMWA14(11441 IN 201, PLAT.F. 11 10 Sv,C-1 L"n r11 44ll(r 41:1-I G, It Ill ln: V,LIY1 In) VII)tn 57,12000 :1411 N(:I'(;TC11151WAT'f'I'I'IPI. !J 2.011 111 AC1: 11 :,A 1 7u 1.1 111 b(1 1v7 it n'.1l 11•.:(17,0 110.)Ix, 3."707:1 N, $7:TwI $16,262 110 11'(;lP1,A1lf1AFIY!;1'WIN 2.09 4411111 II 2'7 tss 00 $1J(9)") VO ill tl uYi i'1 R,1 W) 31.2000 V.,no 11,0(X'00 2.10 (JANICY1 Ill'nlJ•f,CMI:N .. I 31.["4100 fiUVY,uI $I l4,r)(.9 111!.1:.) 5:111),9) 32,uv)00 SJ,IXA100 1-.000(X1 2.11 (1 O'UTA;7(1,1411(/ATCN MAIJ'•;):1. [A 1 if Wit S.)IVr),r/ I:.I LX)'r' t'uauv) 12.er01n S.'.,Yr)m S20)()Do 32,00000 11'X4 'VPL'T GNU, 2.12 WIDCI LE CTGNS I;A I (:1(.1,41 L;'(rX)IX) 57.11X•6.1 }:'HYI.a 12(0,1)JO W"m K) $250000 32.4-000 213 4'x3 GIIATCOI&C 1 IA L^..!'A rX) 111'.:0 I9) $I sw co 11,(4,4),X1 $2 t,)C4) 3.1`1111(x) S.'.1100 DO PAY)no 4X7 GIIAICD Nile M'1Ui1I 11 1'1 2.14 'E' I,A 1 t:','.IA)to) S.4,lY'6) II t"A Y) If:,tX) U.Ar0CIO, S2 Wow 11.511000 31,500 1)0 5'X4 OFIATUD IN,CT " 2.13 W,Iic":TANGULAR IllfFh I A I &11!1':6; 31:,0(w; LJ 200 fn ill 10)00 W Im on SJ.:1M 00 52.50(100 12.(0000 9,16 3'TIC(LED STO .OA!,I_ 9Y 1.IL t•f•o 1211.fl) LS 60 ►10 I'll 01 tI IY', $615 u) 12 4(1 $1,53750 5'IJC44 RBINFORCCD 14171,C Atli.Y 2.17 STNEN(i1N CCOUIL-71:APPIIGA(Al f•v I(, 3'.5;r1 tL•71,(0 t•t500 VI 1;5•X1 Vwoo 3!,:Wto 11,115 00 $5,71500 2.10 C U RU All D GUJI C:N a 39 3:'!,(0 37150) S2f)In INV)to 111400 t'i D;on 1.70((1 171")00 5'NCI NEINFORGED CC WAFIE 2.19 ANI'dOAC11 !IY 1101 VU)(,1 $1 NAM 135(4 W,VO)ill LEO IX) 3!f!hl'N) 5:,00,) S9,500.00 2,20 PROPOSED ASNIAI.T 5Y 160 WO) M,M)00 M11 G1 $6_1611 LO MAW $4 752 00 S44W $7,02000 4'NON-REINFOfICf D CONCnf tC 2-21 SIDEWALK 4Y 191 ill)W 4591011(1 S70!n 351910(1 31000 $19'!000 $37 A0 $7,95780 2.:: SEEDING AMULCHING L5 I $I/L(A) $170011 W10 Do WA 0`1 S1fnW 1.•15000 S14vo 540000 TOTAL 1130,8(010 $120,255.00 1t 32,301.f10 (112,467115 ♦0VEA4WDtH ENGINEERS EF TAWA TP. " •13 1.)9'11 •5105. .625% Or NOT( AN(7111frIN WAD Tf)iit#n III T11F TVW..11 8 FWAVA111N1 1111, 1.NT) • P39N 7 DI 7 C:IT'Y Or JEFFCHSOI 14nHAry 71,7001 1110 TA(lll!.A T1ON "III Nn 2M4 (1l AIMTOH4 COUIIT SA/PIAII'I AIIO 1t0IIM6AIF Of nrwT II IMPPnVTMr Inn Al10 JTIf VA SON 01N11 f 4IOIImwA1pA IMnq')Vf AIU115 PNOJt(;1 NO 13441,0020 b INAIII 021 txm 9rhrnMNrt LuIIr MIIrl1A1 KIPM,(.4411 III.AI AI'P1111/ I,HfI' 111113 Np, 111 yC111P11U11 •��/NJ (SHAH IIT'r 0011,$ �MOI qIT PNiCI: AMCIlv3 I;Lr All NO ;Ilhdill Wi.AND t5 al's J: T.'1 N!,•.. 31.1,11.rb tl:3111 rw; 102 LIN!.Afl IIAUIN('i II +uI Tu O• $4111) (11'{;11(.1l�,1VA11f111,l.1 rw..Al 1 O1 1'ur.IAm;,'201 :.v m 41 v..r, St)b)al 11 I'.IY) N 14,11) t lYl 5'DIA ST ANDARU MAIMI lij. f+ I 1'.';t1I 11 T➢'i•'P•41 37."b'. V 20'01' SAW AMY,P WL 111,1AIPU.:!1 I.of; AD44IMLINI 1 4 + V,,It V,1)A Sala 11) iN'11N, l;APWAl1Y SFWI.fi MANII(H.is 100 1.UJI;;,Tr,q',I4T 11 ,nl S: .1 1A.4 X, 4A:w VI S-IN to, C00I G I11.t1.iW A!!IIi;h.AI ,I 44 IAA it Y�'YI 3114 S', $4100 q, 1.011 6'X 5'ARCA;AKC l(N,Ih.41b414Mn1, I'4 • 3:'-," S1 N:r.r) 3-'300 A. $AVYI f0 1.09 0 K 0 AIMA INIXT 1-t,l V4w'4-1 t+ , 3.'N,'t'1 31'4,:of $4.'•0151 S4!!"1: I5'UTA CMP 51014M'NATf i)VIfE Ili 1.10 PLACE I+ 11 ^•.1 T'f'I to 4411/1 S4'1f') 24'WA IIGPI-;T0IU.1v+A1CC 1'll'( I,I1 IN PLACE It TY MA NOnL l;ti 7111AYVA11111-t1•1 I.I2 'N Fit-ACL L J'1)G, 141',x: S::I/.''6 30'OIA!;TE!:L CLAIII:D 1 W.) 1.11 SLCHOtI W1Cr.)NL•TriL WAI.I to 1 31.1'..11 1W,n) ,gin p,7a l.{, C V HICK GADICN AIATIIF`;;'.i'd'11 1.14 G1:07CAI ILL ',r v0 S"..'y H,9aN 1.) 1;)4,a) 1.4 wo 115 SUD AIID IAUI.CII A: 0!, S4 k.W? 3.'b.)m W6(.)N T4 uaI all 1,16 RED MAPLE 2•At 1'1 SI(n:q 1H1114) 4:I I5 ui 1L,N,4: 11'7 EVERGREEN SHRUIIS 6-6AL c .1 3'f.+' 31'110, $141,IXI t4J5(1) IAC ELECINIC CONDMT RELii:Attot4 1v tvl SI`,is t1,X1)trI $31.ti') 14;+,41.1 2.01 CLEARING I GRU0111Nfi;i11'110`1AI:; I;I 1 N11x1w Nn7!fi c9 !:'100)112) S:Y).4 N1 ry) ® 2.02 EXGAJATICN AND M iAD!NG l:) , ft:».I,>n Tt Y.n f10 411.:41;III) ir,-,AI T14AFFIC CONTHCU 2.07 CONSTRUCTION SIGNACiL I'S I 3:'e+7 nl fitle)0_r) 114;wa tli Sta 11111q ROCK EXCAVATIUI!.'1 wx::nl 2.04 Plmillim SP-20) I:r 10 TI 1"(1) $I Yn U) t1.311)tN, 15'HOPE STOIIMWATEI7 PIPE N 2.05 PLACE f1 M 4:15 fu Sara:W Sl,!, $110)1� I2'RCP ST041IAWAI1`14 P11'1:R•: 200 PLACE II M Nw(.) 34:'uW $1 1!.I^l ft Y)((I it,*RCP 9TOIi1,1WA'EH PIPE 114 2.07 PLACE a 7n Ttn 7!-I a• 11111I•., Nrr 1AI 10'RCP SIORMWATCR PIPE IN 2.00 PLACE LI 274 M5 32.1 h'I)IX) S'l:(X. 4;r•;tv).1,, 0'O(P SANITARY SEVIER P01I.114 2.09 PLACE U r.) Su.,IV/ L"all a, 3%o w' S14u7Ia' 2.10 GAB(U4 NEI,ACCMENT C S 1 $4 X"IX, $4?-0111) w, ')tV $;t'4u rv) 2.11 0'-n'OIA STOHMWATEII MANHOLL LA L1 04:,00 $:I 015 67 4G•,au Iv, g,,yc)1A) A X4 TYPL'C'iNIXT 2.12 MDEFI.ECRIM. I:A I V!1S 111t 72.0500 %I 3M 2.11 4'XTONATFD INLET FA t f2,ff%1 U6 S2:f1;a) 4'Y.1'GRATLD Wl.11 MOtX)T TYPE 2.14 'E' 'A I 42 4({I C•) 52.+(x)171) 5'X4'GRATED INLCT 215 WOWLTTANGULAnFuSEH rA 1 N:WO(XI $434n00 $4,1;r1a) N; a) 216 3'NOLI.::DSMNEVASE BY firs 3715 $4,10$25 t:1:5 31.!114115 d'NON IIEIYFGYICED NIGH CARL Y 2 17 STRENGTH CONCRUE:APPROACH 9Y 105 SA5:5 %A 75t 25 VW 15 VAX111 7s 210 CURB AND GUTTEII 11' J9 345 III 31.755(n $40 n1 it t(l)(r, 0•NCN4•HEINPORCEO CIDUCIIITE 2.19 AIIPI40ACII Sy I A) $4415 t111!42M 3',02, 311.067!0 220 PROPOSED ASPHALT se ION Sli a $1.720 al Wo a/ 51140 u) 4'NCN•NCINFORGEDCCt4CRE7F 2.21 SIDEWALK NY 191 $37(it $7,40720 $A'00 fn 25U(.l 2.22 SEEDING A MULCHING 1 S 1 31.1.1(10 110710011 f I JKIO Ili 110(11)M TOTAL S150,700 so $190,740.90 %DVFRAADER VIKLNIIUSA!D TIVA TK 14.2t%