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HomeMy Public PortalAboutORD13542 BILL NO. 2 03-1 3 SPONSORED BY COUNCILMAN Groner r ORDINANCE NO,� AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK 1'0 EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR THE 2003 MILLING AND OVERLAY. WHEREAS, Jefferson Asphalt Company has become the apparent lowest and best bidder on the 2003 Milling and Overlay project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL. OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Jefferson Asphalt Company is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Jefferson Asphalt Company for the 2003 Milling and Overlay Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: '�1 ����� `� a Approved: l 1-� 1l 200'` Presiding Officer Mayor A EST: APPROVED AS TO FORM: City Clerk Counselor r , t 54 �} 1 • t 1 ry y COONTRACT DOCUMENTS : f Of 1 ��4 AAA 4 . 0� t rt , 25 CITY ;OF JEFFERSON 5 f i�y�1 s SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 32074 i 2003 MILLING & OVERLAY PROGRAM t S �p00b08G6'00M0.6�G�1' O�Y 8i 'm NUMBER Jefferson City Department of Transportation April 2003 March 31,2003 TABLE OF CONTENTS • Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form * • Bid Bond * • Anti-Collusion Statement • Contractor's Affidavit * • Minority Business Enterprise Statement • Statement of Minority Business Utilization Agreement • Affidavit of Compliance with Prevailing Wage Law • Prevailin g Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions ' 0 Technical Provisions • Schedule of Quantities for 2003 Overlay & Milling Project • Addendums ( If Any ) ' (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) April 1,2003 0,I r , o sp Thomas A .Rockers CV ly of Jefferson w ...=�. �_ = Mayor i it ,ADVERTISEMENT FOR BIDS t r__ Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 55101, until 1:30 p.m., on Tuesday, April 22, 2003. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. ■ The proposed work for the project entitled "Project No. 32074, 2003 Milling & Overlay Program" will include the furnishing of all material, labor, equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson. A pre-bid conference will be held at 6:30 a.m., on Wednesday, April 16, 2003, in the Large 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 Transportation, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Ten Dollars ($10.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be �j obtained for Three Dollars ($3.00) per sheet. with the wage and labor requirements and the Thc, contract will require compliance w g q 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 Date: April 5, 2003 ' April 1,2003 NOTICE TO BIDDERS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 p.m., on Tuesday, April 22, 2003. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. The proposed work for the project entitled "Project No. 32074, 2003 Milling +& Overlay Program" will include the furnishing of all material, labor, equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson. A pre-bid conference will be held at B-30 a.m., on Wednesday, April 16, 2003, in the Large Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Transportation, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Transportation, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Ten Dollars ($10.00) 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. iA certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total arnount of the bid must accompany each proposal. 1 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. eCITY OF JEFFERSON, MISSOURI �arti A. Brose, PE Direc r of Transportation March 31,2003 e INFORMATION FOR BIDDERS 113-11 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. 32074, 2003 Milling & Overlay Program" in accordance with the plans and specifications on file with the Department of Transportation. The proposed work for this project will include the furnishing of all material, labor, equipment, and incidental work as included in the "Schedule of Quantities". I13-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications, supplemental specifications, special provisions, and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to 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 rE ieve the Contractor from delivering the completed project in accordance with the it tent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. IE-5 EQUIVALENT MATERIAL 1 Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design, subject to the approval of the City. March 31,2003 I 13-6 BID SECURITY S� Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. I13-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as Irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. I13-8 PRICES The price submitted for each it;Im of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. I13-9 APPROXIMATE QUANTITIES ' In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based an actual number of units installed on the complete work. ' March 31 2003 IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Flans. 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. 32074, 2003 Milling & Overlay Program". IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. I13-13 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 Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. ' IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or- bidders. A form for the bidders use is contained in these Contract Documents. e 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. March 31,2003 1 IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees, The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided, IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in 1 which case the amount of the deposit will be refunded by the City. 113-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, '1994 as amended. (See Determination included herewith.) IB-21 _GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all ' replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. ' If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. March 31,2003 In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of ® work are to be performed. !S IB-24 CONTRACT TIME The contract time shall be ninety (90) calendar days. iB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of$500.00 per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 PONDER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: Purchasing Agent City of Jefferson, MO 320 East McCarty Street ' Jefferson City, Missouri 65101 March 31,2003 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 COMMITMENT END OF INFORMATION FOR BIDDERS r March 31,2003 Name of BidderkQr�on Co Address of Bidder ?b 1Py�3_ A I,,-9,aason. C44__�10 (oa I 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 (I) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump surn payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: Apra 1,2003 CITY OF JEFFERSON Addendum #'1 ITEMIZED BID FORME Attachment #'2 for Page 1 of 2 2003 MILLING & OVERLAY PROGRAM PROJECT NO. 32074 ITEM APPROX. UNIT 1!N 7 QI IAhITITY PRIG T SEC71ON ONE- STREET'AND ALLEY REPAIR 1.1 GRADE"C",IN PLACE TON 718 3 to 1.2 GRADE"D"IN PLACE TOIJ 13,008 3'3.•V1 1.3 BLACK BASE TON 1,338 1.4 COLD MILLING(ASPHALT) SY 51,784 1.5 COLD MILLING(CONCRETE) SY 4,598 1.6 PAVING JOINT REFLECTIVE SY 2,528 CRACK CONTROL TREATMENT 1.7 PURCHASE OF ASPHALT TON 0 MILLINGS TOTAL BID PART 4-STREETS&ALLEY REPAIRS ( L4 y 81rd•1� 1 r r r r r r� r� April 17,2003 r� Addendum #1 Attachment #2 Page 2 of 2 ITEM BID DORM 2003 'MILLING AND ASPHALT OVERLAY PROGRAM CITY OF JEFFERSON PROJECT NO. 32074 The contractor shall also provide a unit price for the following materials and/or products that can be picked up at the plant by City forces on an as needed basis. These unit prices shall be effective for a period of one (1) year from the date of the bid award, MATERIAL OR PRODUCT UNIT COST PER TON Grade "C" Mix Grade "D" Mix S . Type "C" Mix (Driveways) � 00 Slack Base Cold Mix 3q. 2 fD Poly-Perm Cold Mix Ultimate Paving Material (io . aO Easy Streetp DD q 1 1, , April V,2003 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 ninety(90)calendardaya, subject to the stipulations of the regulations of the Contract and the Special Provisions, It Is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor, The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid Is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty(60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten ('1 U) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. April 1,2003 The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: ;N 44.rsoA i\5,A&(+ Co '--rlb:Q'X, 10L(3#zT a�20'1 -7d)atape-i ZJC (NIO 46) 1-D It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof, Attached hereto is a Bid Bond for the sum of 5 Flo Dollars (ca jhler's check), make payable to the City of Jefferson. Signature oi*Bidder: If an individual, , doing business as If a partnership,_ T , member of firm, by_..._ if corporation,_ aAorso2_ o by Title SFAL J Business Address of Bidder If Bidder is a corporation, supply the following information: State in which Incorporated i Scour Name and Address of its: President i Secretary — iGa_� 5, 4DISOA G�4 �r>� x'03 �.� Date - v� April 1,2003 r . I � I . I , (.� I O I C7 I i IL d `1 �,�• ! I I r olP!.'2 M T) -0 -v u v v! v �'Iz ,�• i 1 i 1 a .L CL OJ O! O; 6i•.LO�JI.0'.4 i 1O 0]:• .CO l llO] i0 C7 Z c 2 ci c c' c c; O I I 117!i >! i .V) V);(ni(!) (!); � I I C! O! CI 0I Ci C!. 01 I C! lie L:L 'fl I I { r� Irjlpi(n'n i 200; Nic,)i (r),v) _ I Oi Ci ol [\I). I )o o i! r�,(p l I(D q (v l cb m oo on ►M.cf),'M ai M M1cl),inlnN;V), N '4 cr) O 0 V) V ;(n ( l a op! I I V) in, G' IUi C C C C' C; C; CiCiC• C C, C_; C! cl ! 0l+V,1 0' ttn� � tnirC�.l 0 0 i0 O oiojo. O401OI 1 i , � F o (ni CL E' 31 NI j 1 I >� �� w� Ni N, roi o �I Kj �i ,n 0) i� ICI I II ��� r� lo; �. �i:�? I r .0 m o� �� � � N a, Q! �! �; ral E c° � m�n�� { 1a�laln� 1`°-is�� �°I �! o� XXjx_� ``0IE� c jd c c nl oil �,.C, o wE _E U m 4)! I i v �� a : ra r, o via! U! o N E QF- ! c�olm 0 OIO� NI2 of ; i! a" 1 ' Z ,�� �,., a.� �UlIC�1C�'m U'Ulaja.� �'U'(�7�t-'',at!�j�G°;rol ICI w� I ai u ! i 14 i 1 . 1 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL. MEN BY THESE PRESENTS, that we Jefferson Asphalt Company, Inc. 2207 Idlowood Dr. (65109) P 0 Box 104868 Jefferson City, MO 65110-4868 as Principal, hereinafter called tho Principal, tmd North American Specialty Insurance Company '1200 Arlington Heights Road, Suite 400 Itasca, IL 60143 a corporation duty o,,nn,7(,,, under tho 1,,w. of 1ho Slalo of NH as Surety, horoll-inftor called the Surety, urn hold and firmly bound unto CITY OF JEFFERSON JEFFERSON CITY, MO as ObIlgoo, horoinaf ter cifflod tho Obliotif), In the SUM Of Five Percent of Amount Bid Dollars 0 5,00% for the paymont of which sum well and truly to bo made, tho said Principal and tho said Surety, bind ourselves, our heirs, oxcoutors, administrators, SUCCOSSOrS and assigns, jointly and severally, finely by those presents. WHEREAS, the Principal has uubinittod a bid for Project No. 32074 - Mill and Overlay Various Strents for the City NOW, THEREFORE, It the Obligno shall ac•OI)t the 1110 of the Pfiricipal and tho Principid shall ontor into it Contract with the Obligoo In accordance with the torryin of nuch I)ItJ, and (live such bond or bonds nr may be spociflod In the bidding or Contract Docurnants with good and sufficient surety for tho faithful [11001111ancit of such Contract and for the prompt payment of labor And material fumishad In the proortoution thuroof, or in the ovorit of the failuto of the Principal to enter such Contract and give such bond or bonds, If the Principal shall pay to the Obligee fit() difference riot to exreari the l)onaity hereof botwoun tho amount !ipocfflod In ould bid and such woo,amount for which the Obligee may in geed faith co......ct with .....oho, party to io,,(,r'Tl tho Work covowl by sold bid hon '1, obligation shall Ito null and void, othniwino to romain In hill force and olloct. Signed and sealed this 22nd (Jay of April, 2003 Jefferson Asphalt Company, Inc. WrIncipatfJ (Witnoss) Q (Two) North American Specialty insurance Company (Surety) (Sea/) (Witnoss) Linda L. Nutt Barbara A. Miller AtIornoy-In-fact ity hqLjg-�o. 630-227-4700 __-JAV�c _jL — AIA DOCUMENT A110• DID BOND •AIA IIIIIAUAIIY 1970 1-11) • THE AMERIC.AN INSTITUTE OF ARCI 11TEC-1 S, 1735 N.Y. AVE,, N,W.,WAGI IINGTON, D.C. '20006 N'AS SURI,:TY GROUP NORTH AML RiC'AN SI11 CIAI.FY INS1 1RAN('1'.('( NIPANY WASHINOTON INTY'RNA•1•IONAI.IMYMANCI' COMPANY KNOW AI.,MI:N BY T IRSF, PIZI:SFN, 'I S,THAT North American Specialty In:;umnce 01111p;uly,it corporulon duly(ul;anlncd and cxeital;nndcr laws of the State ol'Ncw Ilampshile,and having its hrulclpnl office in the City of Manchcsfct,New Ilwmps lift c•,and%vashington Infermatlowd Insurance Company,a corporlttion organized lilt((existing;urnlrr the haws of the Strte of Ari/oaa and hating its principal r 441ce In thr(.'fly of Urc,ea, Illinois,each does hcteby make,constituc and appoint; .1. Douglas Joyce.,k1wrenec S. Kamit,si:y,fAichacl T. Kelly, Eugeftc A.Klein, 1imbara A. 11 l:atz,Ianda I.. Null, Jerome J. Reardon,Iasi( Val)Iluskidc anO Bremla I-Linze,jointly tit :Cvelaliy, Its tnlc and lawful Af(orney(s)-im•Fact,to mal.c,rxcctile,sea;and(ftslrvel,)'III inul on IL',behalf and as ns act and decd,band,,or other wnnngs obligatory in the notate of it honcl on behalf of e%:I)of said Compallics,as solely,on contacts of rufetyship ns ale n1 folly be te(luned of prtnittlM by law,regulation,contract or otherwise, provided Iltnl nu bond of uadertakinh Car contact or mletyship cxeculed undo this fiu4uiuity shall exceed the amount of: . _. TIM Mlf.I.1014(10,000,000.00)I)OIJ_ARS This power of Alluntcy is g,rlunrd 1110 is sip,ncd by fncsirfl:le under and I15'the authority of the fullowinl;Resohllious fofopicd by the hoards of Directors of both North Ameticam Slmt:iall,y Insamu•e('onupnny noel W11.11ingmul flueltualional Insurance Coulll,my at nlecfilig!1(filly cnlicd nn(I held on the 24i1'of March,2000: "RESOLY131),that ally two of file 111vsf(ellf,any I:xec1111w Vice f'lesidcol,any Vice hesldcnt,any Assiataw Vice 1'rc:udent,the Scclel ary or any As.,istnnt Secretary lie,and each or ally of them hereby is aulhollml Io exceulc it I'ov.'el of Attorney qualifying the attorney named ill the given rower of Attorney to execute on behalf of tilt•Compnfly Innis,undetulkulp; and all contlact:l of surety,and 111111 each fit ally of them hereby is autbol ized to attest to the execution orally such flower of AOonlcy will to attach thrlcin the seal of the Comqulrly., and it is FURTIll"iZ RESOLM-3),111111 the sil;fuuule of such of kels and the seal of the Compimy may he affixed(o anv such flower of Aitornvy or to any certificate relating thereto by fucnimilc,and filly;uch Power of AOunlcy or certi(icnte hearing such facsimile sigenanucs or finesimiie seal shrill(lc binding upon the Compfimy when till affixed find Ill tall.'hnnre with regard tit filly hnnel,andertahoi,or contract of scanty to which if is nttached," .16 �p �''• gaar 5073 t fn£i Pu 11111,AmMUV,I'mi(r I A Chlrr f�aKnnYr(/1nr,f of w-tilo"efnrl ltllernn aflfUlI mwrW,t r f,mopalt),14 �� rOS,�n I� Ir� 'mil i 1079 wj g VIfr l`red0t III of Stoll,An,IIrmo Spa stall)lit uu matt(ornpu ny P g ;'�a:�•y gr,•Q;�8� r' 111umNA ar b �"t4111111111Y)\t) By __ �' ,�-�'�.—._ __.. `I-.,P.Aoanrmu,IJffllll,r 1'jtr 1'rrrhlcuf of\t'm fiinglon In(anmamol ftooruty,t fm pin),tr \',tr P1cJdrnl ul Fmflr Antrtltan Yprvi.h)Iou"mnmC omp.ny IN WITNESS W)II:I(FCal',Notth Amcncaa Specially Insur:tnrc('onliany,Ind\Va;hutgton 1111NI lUonal 11MIllItllie('ompat)y hnvc caused their official seals to be hereunto aff iXMI,and till.c hellcats to bc'signed by licit nulhortzed officer';this ~I day of- March 70(I North Anurican Spechilty Insurance Company 11'n�hlfu;tun fulelrnullonal lnsuraace Company State of Illinois County of Du Page sr': On illis _f I (fay of_____Nfarcll 11O? ,hulae Inc,a i otnty 11I11lic plrtsonnlly aiprauc(i i'lyll_1)..itnstllu•., ,Plccadcml and('F.O of Washington hltenit,tional insurnncc.C'oulhany and Vice Ih!"adcnt ol'Nnrtll American Specially In,;uaance('omipany and-_:�I6_.Y_s't l'.A11tIi;G�911.._.._, l:xeculive Vice 1'residClll of Washington Intentatiunal Insurua:c Con,pvly land Vice President of North Amet icna Specialty Insurance Company, pfsrsonaliy known to file,who heing,by file(filly swoffl,ncknowledgc•d 111111 the),-�iuued Ills ahoy Power of Amoracy as officers,of and acknowledged said instiin)ent to he tit(-voluntary act and decd of their respective•companies a�le(r�krx '1•�f:7.a �'i f.�-w•y r::r'. �,'�r;r.4/ Yutimin A. Patel, Niamey Public the duly elected_... \slasyanl Scrrcgtt}',-_-. ... of Forth Anu'ncwn Specially Insnrulce Company and Washington Intemationai Insurance Company,do hereby certify that the above and fnteg;oing; ea n true and collect copy of a Ilowel of Attorney given fly said North American Specialty Insurance('orlupnny find%Va'ahington Intcnuutional b)sulance Company,which is still Ill full fatee and effvo. IN W ITN GSS %VI(f khUF, I hnvc set Illy hand and allixcd the wals(11,01v Conlpanles this..22.day of _ A{)l"1.1...___._.1 20 03 )amr,A ('.vpci,ri,n'u't 1'rnoklf,t A%1oIKI1f 1r,•reftltynf u'J01411lon lnrernallmol lI1u1,rmncr Co(nparty,4 Awstonf lcaranr)of):olth Anmrrmn Specially Inwunce Comp ny a ANTI-COLLUSiON STATEMENT STATE OF --_ .i M i s 5 C)u f 1 COUNTY OFI a �•._._. b 1 ck 2 5.__ J - being first duly sworn, deposes and says that he is �0(-PX e of TITLE OF PERSON SIGNING) NAME OF BIDDER that all statements made and facts set out in the bid for the ove project ab p o1ect are true and correct; and that the bidder (the person,firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. (BY) a (BY) Sworn to before me this ��2n day of rl L 2Z0 c=-�CD J 1 COLE TE ST. CYR NOTARY P BLIC Notary Public- Notary ;Pal State of Missouri, Cole County My Commission Expires Dec. J, 2003 My commission expires: oP C>V J 1 a, April 1,2003 a� CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. r"'n 1 STATE OF IY o t,l,r „� } COUNTY OF The undersigned, , of lawful age, being first duly sworn states upon oath that he is V <' 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 park of the proposed project. AFFIA Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid, this ;2!r(day of � r i l , 20 3 COLETTE ST. CYR "�t .�c. Notary Public- Notary Seal O Q. _ C State of Missouri, Cola County _ NOTARY PUBLIC ' My Commission Expires Dec. 9, 2003 ' My Commission Expires:_ e C a CCJ April 1,2003 r MI__NQRITY B USINESS ENTERNR SR_$TAT R_MFA Contractors bidding on City contracts shall take the following affirmative steps to assure that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items, 1. Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. 4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources. 5. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Transportation. r r r r 1 March 31,2003 r, Addendum #1 Attachment #4 MIND BTY !jUSINESS UTILIZATION AGREEMENT Page 1 of 2 t A. The bidder agrees to attempt to expend at least zero percent (0%) of the contract, if awarded,for Minority Business Enterprise(MBE). For purposes of this goal,the term "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women,or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispanic(a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)). 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors, subcontractors, or suppliers. April 17,2003 t. f Addendum #1 Attachment #4 Page 2 of 2 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 Minorlty Firms Participation Participation Total Bid Amount: __ Total: Percentage of Minority Enterprise Participation: O % C. The bidder agrees to certify that-the minority f rm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidderto the agreement herein set forth. 1 N ► Goo S . -� NAME OF AUTHORIZED OFFICER DATE 9- S 3 ATURE OF AUTHO ED OFFICER April 17,2003 AFFIDAVIT COMPLI NCE W1TH.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 and Annual Wage Order No. 9, Section 014, Callaway County in carrying out the contract and work in connection with Project No. 32074,2003 Overlay&Milling Program located at Jefferson City in Cole County, Missouri, and completed on the day of 20-- SIGNATURE Subscribed and sworn to me this day of , 20 NOTARY PUBLIC My commission expires: 1 STATE OF MISSOURI ) )ss COUNTY OF ) April 1,2003 1 Missouri Division Of Labor Standards WAGE AND HOUR SECTION O o U S U MacccXx r BOB HOLDEN, Governor Annual Wage Order NO. 9 Section 026 COLE COUNTY In accordance with Section 290.262 RSMp 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed witti the Secretary of State as Indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection In triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth In writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 6 CSR 20-5.0 t 0(1). A certifled copy of the Annual Wage Order has been filed with the Secretary of Sate of Missouri. RECEIVED & FILED Collten A. Baker, Director MAR 0 8 2002 Division of Labor Standards Filed With Secretary of State; ] tlR, -7Rt - _ w_ By r.3g M01 16 ONS D Vlsl N Last Date Objections May Be Filed; _ APB 0 8 20A2 (P t o (Prepared by Missouri Department f Labor dustrlal Relations ran d In Building Con'10LI01011 R,110s for R•-PLACEMLNT PAGE Sertion 026 COLE County OCCUPATIONAL TITLE Date of Hourly Holiday Total Fringe Bonefits Increase Rates Rates, Rates Asbestos Worker $13.00 FED $0.95 Boilermaker 9/02 57 7 $13.03 Bricklayors-Stono Mason 6/02 $23.00 59 7-.- $6.40 Car enter $18.63 60 15 $7.01 .--4/-02-- _$17.81_- Cement Mason 9 Electrician an) 28 7 $8,45 + 13% _QnsIdr) Wlrcm� Communication Technici•m. USE ELECTRICIAN RATE Elevator Cori strUCtOf 7/E LE-- a $29.545 26 54 $8.665 Operating ENLrjc�.-r Group 1 5/02 $22.27 86 66 $12.26 5/02 $12.26 Group 11 --.-$22.27 - Group III 5/02 $21.02 86 66 $12.26 Group 111-A 5/02 $22.27 -8-6 66 $12,26 Group IV F 5/02 $22.97 86 66 $12.26 Group V 5/02 $24.27 86 66 $12.26 Pi FIttor 7/02 b $26.75 91 --69 $12.08 Glazier $12.25 FED $2.02 Laborer @uildjLi General $15.80 110 -F 7 $6.40 First Semi-Skilled $16.90 110 $6.40 Second Semi-Skilled $16.80 1101 7 $6.40 Lather g USE CARPENTER RATE Linoleum Layer& Cutter USE CARPENTER RATE Marble Mason 6/02 $23.00 59 r7 $6.40 Millwright $19.63 60 15 $7.01 Iron Worker 8/02 $21.77 11 8 $11.59 Painter 2/03 $18.44 '18 7 $5.33 Plasterer 4/02 $17.08 1 94 5 $7.19 Plumber i $21.00 FED $2.93 Pile Driver _ $19.63 60 15 $7.01 Roofer 9/02 $23.50 12 4 $6.74 Sheet Metal Worker 1/03 $22.70 40 $3.36 Sprinkler Fitter $14.75 FED $2.17 Terrazzo Worker 6/02 $23.00 59 7 $6.40 Tile Setter r 6102 $23.00 59 7 $6.40 Truck Driver-Toamster Group 1 $18.90 101 5 $4.50 Group 11 $19.60 1011 5 $4.50 Group 111 $19.301011 5 $4.50 Group IV $19.60 101 5 1 $4.50 Traffic Control Service Driver $14.65 413- _49--L--- - $2.44 Well Driller USE BLDG CONST. ENGINEER GROUP 11 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 Incromental Increase SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO,0 1103 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes ffectIv Basic -Yer- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates *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 -$26.75, Fringes -$12.06 All work under$3.5 Million Total Mechanical Contract-$27.41, Fringes-$10.33 r Annual Incremental Increase ANNUAL WAGE ORDER NO. 0 7/02 COLE COUNTY OVERTi11L RAT VS - BUILDING CONSTRUCTION FED: Minimum requirement per fair L,abotr Standards Act nic•ans time and one-hall (1 'h)shall be paid for all work in excess of forty(40)hours per work week. NO. 9: Means the regular workday starting time of 8:00 ami. (and resulting quitting:, time of 4:30 p,rn.) may be moved forward to 6:00 a.m, or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1 ii)times the regular pay. In the event time is lost during; (lie work week clue to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work ar,�omplishcd 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 clay's work, with the starting time to be established between 7:00 a.m. and 8:00 a.m. from Monday to I"riday. Time and one-half(1'h) shah be paid for first two (2) flours of overtime Monday through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2) time rate. Double(2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue.through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty(40) hours in one(1) work week, shall lie paid for at the rate of one and one-half(1%:) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a tell (10) hour work clay except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(I%:)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO. 18: Means the regular work clay shall be eight(8) hours. Working hours are from six (6)hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(1%x). Sunday and Holidays shall be paid at double(2)time. Saturday can be a make-up day if the weather has forced n day off, but only in the week of the day being lost. Any time before six (6)hours before Noon or six(6)hours after Noon will be paid at time and one-half(1!6). NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five(5) days per week, Monday to Friday, inclusive. Hours of work at each jobsite shall be those,established by the general contractor and worked by tile, majority of trades. (the above working hours may be changed by mutual Agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double(2)the rate of single time. The rate of pay for all work performed on holidays shall beat 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 fbr a workday/workweek of four(4)ten(10)hour days(4-10's)provided: O -The project must be fora minimum of four(4)consecutive day,. -Starting;tithe 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: Ifa holiday falls in the middle of week, then the regular eight(8) hour schedule may be implemented), -Any time worked in excess of any ten(10)hour work day(in a 4-10 hour work week)shall be at the appropriate overtime rate. - All work outside of the regular working;hours as provided, Monday through Saturday, shall be paid at one& one- half*()%x)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 time hourly rate of pay, ANNUAL WAGE,ORDER NO.9 AW9026 OT.dor„ Page 1 of Page e COIF,COUNTY OVIi.RTIMIs RATES- BUILDING CONSTRUCTION NO,33: Means the standard work day shall lie eight (8)consecutive.hours of work hetween the hours of 6:00 a.m, and 6:00 p.m., excluding the lunch period, or shall conform to the practice on the job site. Four (4) clays at ten (10) hours it day may be worked at straight tiute, Monday through Friday and heal not he consecutive. All overtime, except for Sundays and holidays shall he al the role of lime and one-half()!•7). Overtime worked on Sundays and holidays shall be at double:(2)tithe. NO. 35: Means the normal work week shall consist of five (5) eight (8) hour days for it total forty (40) hours, starting on Monday at 8:00 a.m, and e.ncling on Friday at 4:30 pan. I'he starting time can he(lcxiblc between 6:00 a.m. and 4:00 a.m., and ending at 2:30 p.m, respectively. All work before designated starting; time and after quitting time shall be paid at the rate of tirne and one-half(1'/2). All work in the excess of eight (8)hours per day, or forty (40) hours per week Monday through Friday, shall be pair) for at the rate oftinic and one-half(11/2). All hours worked on Saturdays, Sundays,or Holidays shall he paid at the double(2)time Tale. 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;clay shall consist of eight (8) hours labor on the job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at tile.regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8) hours but not more than twelve(12) hours during the regular working week shall be paid for at time and one-half(i%2)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2)times the regular hourly rate. In the event of 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 clay of work for personal or other reasons. Pay for"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 day'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(V/2) will be paid for 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(11/2) unless time has been lost during the week, in which case Saturday will be it make tip day to the extent of the lost time. On the Tuesday through Saturday schedule, alt work performed on Monday will be time and one-half(1!12) 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) tirne. If employees work on any of the rccobntizcd holidays, they shall be paid time and one-half(1 1/12)their rebnalai rate ofpay f'or all hours worked. NO. 55: Means the regular work clay shall be eight (8)hours between 6:00 a.m. and 4:30 p.m. The first two(2) hours of work performed in excess of the eight (8) hour %work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one& one-half(i'/2)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 it day's work and forty (40) Hours per week, Monday through Friday, shall constitute a week's work, The regular starting linic shall be 8:00 a.m. The abova 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 must be adjusted accordingly. All time work,-d before and after the established workday of eight (8)hours, Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half (1 '/2) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. ' ANNUAi, 1VACF OIZDER NO. 9 AW9026 OT.doc; Pap 2 of 4 Pagc-s COLE,('011NTY OVER TIMIS KATFS III11LDING CONS1 RUCTION NO. 59: Mcans that except as herein provided, eil;ht (8) hours a ;lay shall constitute a slandatd work clay, and forty (40) hours pet week shall constiuuc a ,�cek's work. All time wort:ccl oUISIdC of the standard eight (8) hour work clay and on Saws-day shall he classified as overtime and paid the rate of time and one-half(1-%). All tittle worked on Sunday and holidays shall he classified as overtime and paid at the rate Of double (2) lime. The Employer has the option of working either five(5) eight hour days or fbur(4) tell hour clays to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work clay shall be t 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 'Thurs(Liy, inclusive. hi the event the job is clown for any reason beyond the.. Fmployer's control, then Friday and/or Saturday tray, at the option of the I?nrployc:r, be worked as a make-up day: straight time not to exceed ten(10)hours or foorty(40)hours per week. When the five day(8) hour work week is in effect, forty (40) hours per \tcck shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, their Saturday nary, at the option of the Employer, be worked as a make-up day; straight time not to exceed cight (8) hours or forty (40) (tours p(:r week. The regular starting time(and resulting quitting time) ntay he moved to 0:00 a.m. or delayed to 9:00 a.m. Make- up days shall not be utilized fir clays lost duc to holidays. NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour clays Monday through Friday. If an Employer elects to work five 8-hour days (luring any work week, hours worked more than eight (8) per clay or forty (40) per week shall he paid at little and one-half'(]112) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKI -LtP DAY: Iran hmployer is prevented fiorn 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 he worked as a make-up clay it the straight time rate. It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Erployer elects to work four 10-hour days,between the hours ol'6:30 a.m.and 6:30 p.m. in any week, work performed more than ten(10)hours per day or forty (40) hours per week shall be paid at time and one half(11/7) the hourly wage rate plus fringe benefits Monday through Friday. If un Employer is working; 10-hour clays and loses a day due to inclement weather,the Fmployer may work ten (10) hours on Friday at straight time. Friday must be scheduled f'or no more than ten(10)hours at the straight time rate, but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(I V2)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day rind on Saturday shall he compensated for at time and one-half (f%) 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 he moved forward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO. fib: 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 clay 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 tirne and one-half(1%)of the hourly rate plus an amount equal to onc•half(,z) 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 it day's work commencing at 8:00 a.m. and ending at 4:30 p.m., allowing one-half(1/2) hour for lunch. I'he option exists for the Employer to use it 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. I f the make-up day is it 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 wort: week (unless working it 10-hour work clay, then double (2) time is paid for work performed over tell (10) hours it day) or over forty (40) hours per work week. Work performed on Saturdays, Sundays and recognized holidays shall he paid at the double(2)time rate of pay. 1 ANNUAL WAGE ORDER NO, 9 AW9026 OTA w Page 3 of 4 Page., ('(11,1? c'U11N'fl' c)t'h,tt'1'I�lh; ItA1'h,S IttJlt,l)INt; ('ONti'flt(u°I'I(►N NO. 94: Means eight (8) hours shall c•om.titute a days work between the hours of'8:00 a.m. and 5:00 11.111. The regular workday starting, time of 8:00 a.m. (and reselling quitting time „f 4:30 p.m.) may be moved 6orward to 6:00 aim, or dclaycd one (1) hour to 9.00 s.m. All %voik performed ill excess of rite regular work day and on Saturday shall he compensated at on: and onrhalf (I!J) rimes the regular pay. In the event time is last during the work week clue to weather conditions, the l:rraplover may schedule work on the following Saturday at straight time. All work aecomplished on Sunday and holidays shall he compensated at double the regular rate ofwages, NO, 101: Means than cxc•cpl as provided hclokv,eil,ht (8)lulus a clay SI-Ill constitenc a standard work (lily, and folly(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 saandard work dray and on Saturday shall hr. classified as overtime and paid the rate of tinge and ono•half(1%:) (except as herein provided). All time worked on Sunday,and rccogniveol holidays shall !w classified as overtime and paid at the rate of double(2)time. The rcg"ular starting;tittle(and resulting quitting,time.)may be.moved forward two(2)hours to 6:00 a.m.or(lie starling time•(and resulting quitting,lime)may be delayed one-(1)hour to 4:00 a.m. The Employer has the option of working either five(5)eight hour days or four(4)la,- -hour days to constitute a normal forty(40)hour work week. When it low• (4) tcn-hour day work week is in effect, the slandard work day shall be coaascx;utive ten(10)hour periods between the hours 01'6:30 a.m. and 6:30 p.m. Forty(40) hours per week shall constitute a wok's work Mornl y thrnngh Thursday, inclusive. In the event the joh is dorm Im ,Illy reason beyond the Employer's control, Lhe ri Friday and/or Saturday may, at the option of the Fmploycr, be worked as a makeup day; straight time not to exceed tell(10) hours per clay or forty(40)hours per week. Starting tune will be designated by the employer, When the five(5)clay eight (8) hour work week is in elicct, linty (40) hours Ixr week shall constitute a week's work, Monday thrnngh Friday, inclusive. In the event the job is clown li,r any rc:ascm (xyund the Employer's control.Then Saturday[lily, at the option of the Employer, be worked as re. m;akc-up clay; straight time not to exceed eildit (8) hours per dray or forty (40) hours per week. Makeup clays shall not he utilized(br days lost due to holidays. NO. 110: Means eight (8) hours between the hours of 8:00 a.m. ;and 4:30 pmt. shall constitute a work clay, The starting time may be advanced one (1) or two (2) hours, limplo,,ecs shall have it lunch period of thirty (30) minutes. The Employer may provide a lunch period u( orae (I) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m, on Friday (or 5:00 p.m. on Friday if the Fmployer grants a lunch period of one(I) hour), or as adjusted by starting time change as stated above. All work performed beflore 8:00 ami. and after 4:30 p.m.(or 5:00 p.m, where one(1) hoar lunch is granted for Ianch)or as adjusted by starting,tittle change as stated above or on Saturday, except as herein provided, shall be conlpcnsned at one and one-half(1'h)times the regntlar hourly rate -,f pay lbr the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double (2)the regular hourly rate of pay Ior the work perli,rmed. If all lalployer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain and mud), Saturday or any part thereof may he worked as it make-up clay al the straight lime rate. The F.nlployer shal I have the option of working five eight (8) hour days or four tell (10) hour days Monday through Friday. If;an Employer elects to work five(5) eight (8) hour clays during any work week, hours worked more than eight (8) per day or forty (40) hours pet week shall be paid at time and one-hall(I'!i) the hourly rate Munclay thrmigh Friday. If an Employer elects to work four (4) ten (10) hour (lays in any weak, work performed more than ten (10) hours per day or torty (40) hours per week shall he paid at lirlae and one-half,(I'/) the hourly rate Monday through Friday. If an Employer is working ten (10) hour clays and loses a day dire to inclement weather, they may work ten (10) huurs Friday at straight time, Friday must be scheduled for cat least eight (8) hours and no more than ten (10) hours at the straight time rate, but all IIOnI•S worked over the linty (40) hours Monday through 1'riday will he paid at time and one-half(1'/1) om-time rate. ANNUAL, (.)IZDER NO. 9 ' AW9026 OTA x 1141gc 4 44 Pages CO1,1: COUNTY HOLIDAY RA'1'F, S(:'Ifla)ULI? - BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, Decoration Day,July 41h, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall Ix paid at the double;time rate of pay. Whenever any such holidays fall on a Sunday, the Iollowing Monday shall be observed as a holiday. NO.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid al the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. Ifanyofthe above holidays fall on Saurrday, Friday will he observed as the recognized holiday, NO, 5: All work that shall be clone on New Year's Day, Memorial Day, Fourth of.luly, Labor Day, Veteran*s Day, Thanksgiving Day,and Christmas Day shall be paid at the double(2) time rate of pay. NO. 7: All work done on New Year's Day, Melljorial Day, Independence Day, Labor 1)ay, Veteran's Day, Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday. I1'a holiday falls on a Saturday, it shall be observed on the preceding Friday. NO. 8: All work done on New)'car'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'fhanksgivinf;will he worked at the Employer's option. If worked,it will beat therebular 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 of July), Labor Day, Veteran's Day,'fhanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated fbr at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday,it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day, Christmas Day, Decoration Day or Independence Day except to preserve life or property. NO. 19: All work done or) New Year's Day, Memorial Day,July 4th, Labor Day,Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day. However,the employee shall notify his or her foreman, General Foreman or Superintendent on the Wednesday preceding ThanksgMrg 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 lx.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 ofpay. When a holiday Calls on Sunday, the following Monday shall be considered a holiday. rNO.49:The following days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day,Thanksgiving Day,Christmas Day,Employee's birthday and two(2)personal days. The observance of one(1)of the personal clays to be limited to the time between December I and March I of the following year. If any 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-fralf(1 h4)their regular rate of pay liar all hours worked. NO.54:All work clone on New Year's, Memorial Day,Independence Day, Labor Day,Thanksgiving Day,the Friday after Thanksgiving Day,and Christmas Day shall he paid at the double(2)time rate of pay. When a holiday fulls on Saturday, it shall he observed on I-ridgy. When it 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(Memorial Day), Independence Day(Fourth ol'July),Thanksgiving Day and Chrishnas Day shall Ix: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.DLR NU. AW9026 hdy.do Page 1 42 Pup COLE COUN'T'Y HOLIDAY RATE SCHEDULE - BUILDING CONS'T'RUCTION NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,'r}tanksgiving Day and Christmas Day,shall be paid at double(2)tite hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.69: All work performed on New Year's Day, Decoration Day,July Fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day shalI be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also be holidays,but ifthc employer chooses to work theso days, the employee will be paid at straight-time rate of pay. If a holiday falls on a Sunday in it particular year,the holiday will be observed on the following Monday. NO,71: All work performed on the following recognized holidays shall be paid at the double(2)time rate of pay: New Year's Day,Presidents Day, Good Friday, Memorial Day,July the Fourth,Labor Day,Veterans Day, Thanksgiving Day,Day after Thanksgiving and Christmas Day. Ira holiday falls on Sunday,it shall be celebrated on j Monday. If a holiday falls on Saturday, it shall be celebrated on the Friday preceding such Saturday. i . 1 1 1: 1 1 r ANNUAL WAGE ORDER NO.9 AW9026 hdy,doc Pn @e 2 o(2 Page 0 Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County *Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates CARPENTER Journeymen _5/02 $23.63_ 7 16 $6.C 0 Millwright 5/02 $23.63 7 16 $6.99 Pile Driver Worker 5/02 $23.63 7 16 $6.99 OPERATING ENGINEER 0 Group 1 _ 5/02 $21.35 21 5 $12.23 Group II �__ 5/02 $21.00 21 5 $12.23 Group 111 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 _General Laborer 5/02 $20.20 2 4 y $6.40 Skilled Laborer 5/02 $20.80 2 1 4 $6.40 TRUCK DRIVER-TEAMSTER Group 1 _ 5/02 $2.2.52 2 4 $5.50 Group it 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 1 $5.50 1 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 1 i i *Annual Incremental Incrwse ANNUAL WAGE ORDER NO. 9 7/02 0 0 COLE COUNTY OVERTIME( RATE SCHEDULE — I[EAVY CONSTRUCTION NO. 2: Means a regular workweek of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. if a crew is prevented fi'onl working forty (40) hours Monday through l'rida,y, or any part thereof, by reason of inclement weather, Saturday or any part thereof nlay be worked as a make-up day at the straight tinic rate to complete forty (40) hours of work in a week. Employees who are part ofa regular crew on a make-up (.lay, notwithstanding the fact that they may not have been employed the entire: week, shall work Saturday at the straight time rate. Time& one-half'(]''/9) shall lie paid for all hours in excess of eight (8) hours per day (if working 5-8's) or ten (10) hours per day (if working 4-10's), or forty (40) hours per week, Monday through Friday. For all time worked on Saturday(unless Saturday or any portion of said day is worked as make-up to complete forty hours), time and one-half (1 '/1) shall be paid. NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, tell (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate, of one and onc•-half(i'/z) times the regular hourly rate. The regular work day shall be either eight (8) or ten (10) flours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday ►nay be worked as a make-up day at straight time(if working 4-10's). Saturday pray be worked as it make-up day at straight time(if working 5-8's). Make-up days shall not be utilized for days lost from holidays. Except as worked as a make-up clay, lime on Saturday shall be worked at one and one-half(1'/2) tunes the regular rate. Work perforincd on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2) time rate of pay. NO. 21: Means the regular work week shall consist of five(5) eight (8) hour days, Monday through Friday. The regular work day for which eniployees shall be compensated at straight time hourly rate of'pay shall begin at'8:00 a.m. and end at 4:30 p.m. However, the project starting tine may be advanced or delayed at the discretion of the Employer. At the discretion of the f:nlployer, when working a five(5) day eight (8) hour schedule, Saturday may be used fora make-up day. The Enployer play have the option to schedule:his work front Monclay through 'Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one clay to be paid at the overtime rate of time &one-half(I S/2). If the Lnlployer elects to work front Monday through 'Thursday and is stopped duc to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty (40) hours per work week. Workmen shalt be paid one &one-half(1 A '/2.) times the regular rate of wages for all hours worked in excess of eight. (8) hours per day(if working 5-8's), or ten (1 U) hours per clay (if working 4-10's), or forty (40) hours per work week Monday through Friday(if'working 5-8's) or Monday through Thursday ' (if working 4-10's). Unless used as make-up days to complete forty (40) hours per work week, time and one-half(1 '/Z) shall lx; paid on Saturday (when working 5-8's) and on Friday or Saturday(when working 4-10's). Sundays and holidays shall be paid at the rate ' of double (2) time dle regular rate of'pay. AW9026 hvy(A.dw: ANNUAL WAGE ORD11iR NO. 9 Pnr;c I c f I COLE COUNTY HOLIDAY RATE SCHEDULE - HEAVY CONSTRUCTION NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday, Monday shall be observed. NO. 5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward a forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty(40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. if a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed,on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the foray(40) hour week; however, no reimbursement for this eight(8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double(2) the regular rate of pay for such work. r r 0 i 1 ' aw9026hvyhoUx ANNUAL WAGE ORDER NO. 9 Page i on OUTSiDE ELFCi'IZICIAN These rates are to be userl for the Fallowing cotmties: Adair, Audrain, Boone, Callaway,Camden, Garter,Chariton,Clark, Cole,Cooper, Crawford, Dent, Franklin, Gasconade, Floward, Llowell, Iron,.lef('erson, Knox, i.,ewis, Lincoln, Ling, Macon, Maries, Marion, Miller, Motllteall, Monroe, Montgomery, Morgan,Oregon, Osage, ferry, Phelps, Pike, Pulaski. Putnam, IZalls, ilandolph, Reynolds, Ripley, St. Charles, St, Francois,St. Louis City, St.. Louis County, Ste. Genevieve, Schuyler, Scotland, Shannon, Shelby, Sullivan, Texas, Warren, and Washington rCON1Mh,IZCIAL NVOIZ OCCL]Pational Title - -- —Basic .T^_+_y_ Total _ _ Ilouriv Fringe Rate Benefits *Journeyman Lineman —_ $28.28 — -- $2.75 +41.3% *Lineman Operator $25.32 — $2.75 + 41.3% *Groundman _ ` 20.04 —_---� $2.75 -+-41.3% UTILI'L'Y WOiZK Occupational Title -----Basic —_ - Total hourly _ Fringe Rate Benefits *Journeyman Lineman _ $27.27 $2.75 +37.3% *Lineman Operator_ _ _ $23.54 --_ $2.75 +37.3% *Grouridman ——J--- $18.L0 — $2.75 +37.3% OVERTIME, RA'Z'E:Eight(S)hours shall constitute a work day between the hours of 7:00 a.m. and 4:30 p.m. Forty(40)hours within five(5)days,Monday through Friday inclusive,sliall constitute the work week. Work performed in the 9th and 10th hour,A4onday through Friday,shall be paid at time and one-half(1'/) the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(11/2)the regular straight time rate of pay between the hours of 6:00 a.m,and 5:30 pan., Monday through Friday.Work performed outside the regularly scheduled working homy;and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. HOLIDAY RATE: All work performed on New Year's Day,Memorial Day, Fourth of July,Labor Day, Veteran's Day,Thanksgiving Day, Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday. ' ANNUAL,WAGE ORDER NO. 9 voz *Annual Incremental Increase OUT STL AW9 inTda: missoud Division of Labor Standards WAGE AND HOUR SECTION .. . �¢�0 40 Ln 0 -n 0 Dccc 11013 HOLDEN, Governor Annual Wage Order No . 9 Section 014 CALIAWAY COUNTY in accordance with Section 290.262 RSMo 2000, tviLhin thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by Uils:Ann Lial Wage Order may object tky riling 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 specilk grounds of objection. Each objection shall certify, that a cop y has been furnished to the Division of Labor Standards, F.O. Box 449', Jefferson City, M.0 6S 1'02-04x+9 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed %vIth the Secretary or state or Missouri. RECEIVED & FILED - , ' 00.1 4cic�ien dA.'Baker, Director MAR 0 8 2002 Division of Labor Standards Filed With Secretary of State: APR 0 8 ZOOZ Last Date Objections May Be Filed: Prepared by Missou rl Department of Labor and Industrial-Retatjons, Building Construction Rates for REPLACEMENT PAGE se:,;tinn 014 CALLAWAY County **Effective &sic TT-1r- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringo Benefits Increase Rates Rates Rates Asbestos Worker 10/02_ $28.26 T3 Boilermaker ~� 9/02 $_25.81 57 7 Brickla ers-Stone Mason 6!02_ - $23.00 59 7 $6.40 $6.40 T Carpenter $18.63 60 15 $7.01 Cement Mason 4102 $17.81 r 9 _3_ _ _ _$7.65 Electrician Inside Wireman $22.50 �28 _ 7 _-_ M~ $11_45 -r 1T%,_��_ - Communication Technician USE ELECTRICIAN INSIDE WIREMAN -RATE - Elevator Constructor a $27.395 26 54 $t3. 105 Operating Engineer Group 1 5102 $22.27 86 -- 66 y- _ _ $'12._26 _ Group II 5/02 $2.2.27 8G_ G6 ��$12.126_ --Group Ill 5102 $21.02 86 _ 66 _ $12.26 Group III-A _ 5/02 $2.2.27 86 66 $12.26 Group IV � 5/02 __$22.97 86 _ 66�. $1?..2G Group V r+- 5/02 $24.27 86 66 __ _ _ _._ $12.26 Pipe Fitter 7102 b $28.75 91- 69 Glazier $12.25 FED _____$2.09 e Laborer Buildin _ - _�_- !- General $15.80 110 7 $6.40 First Semi-Skilled _ $16.90 110 7 �$6.40 Second Semi-Skilled _ $16.80 110 1 _ 7 Lather _ USE CARPENTER RATE Linoleum Layer&Cutter I USE CARPENTER RATE Marble Mason 6/02 $23.00 59 _ 7 $6.40 Millwri ht $19.63 60 15� - $7.01 _ Iron Worker $24.34 11 8 _$10.79 Painter 2/03 $18.44 _ 18 _ 7 1;5.33 �- Plasterer 4/02 $17.08 94 5 _ $7.19 Plumber 7/02 b $28.75 1 91 69 $12.08 $12.08 Pile Driver $19.63 60 15 $7.01 Roofer 9/02 $23.50 12 4 $6,74 _ Sheet Metal Worker 1/03 $22.70 40 _ 23- _ _ $8.36 Sprinkler Fitter 1/03 $26.84 33_ 19 -_-__ $9.60 Terrazzo Worker 6102 $23.00 59 7 _ $6,40 Tile Setter 6/02 $23.00 1 59 7 $6_.40 Truck Driver-Teamster Group 1 $19.40 101 5 Group II $20.05 101 5 _$4.50 Group III $19.55 101 _5 $4.50 Group IV $20.05 101 5� �~-� , $4.50 Traffic Control Service Driver $14.65 1 48 1 49 $2.44 Well Driller USE BLDG. CONSTRUCTION ENGINEER GROUP II (RATE Welders-Acetylene& Electric * - iT-+L 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 Divi,ion ' of Labor Standards at 1-800-475-2130. ' **Annual Incremental Increase -SEE FOOTNOTE PAGE ANNUAL.WAGE ORDER NO.9 1/03 Building Construction Rates for REPLACEMENT PAGE. Section 014 CALLAWAY County Footnotes Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates y *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 . *Annual Incremental Increase ANNU AL W AGE ORDER NO 9 7/02 2 i 1 CALLAWAY COUNTY (WEIR T1M1,' RATES BUILDING CONSTRUCTION FEi): Minimum rerluirentent per Fair Labor Standards Act means tirnc and one-half(I %) shall be paid for a I I work in excess of forty(40)hours per work week. NO. 9: Means the regular workday starting time of 8:00 a.m. (and resulting quitting time of'4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'i:)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. Ml work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday,except for rnidweek 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'h) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2) lime 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 wort: week shall continence on Monday at 12:01 a•m.and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty(40) hours in one(1) work week, shall be paid f'or at the rate of one and one-half(l'/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(]!i2)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate. NO. 18: Means the regular work day shall be eight(8) hours. Working hours arc from six(6) hours before Noon (12:00) to six (6) hours alter Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(1%). Sunday and Holidays shall be paid at double(2)time. Saturday can be a make-up day if the weather has forced a day off, but only in the week of the day being lost. Any time before six (6) hours before Noon or six(6)hours after Noon will be paid at time and one-half(1%2). NO. 26: ]Means that the regular working day shall consist of eight(8) hours worked between 6:00 a.m., and 5:00 p.m., five(5) days per week, Monday to Friday, inclusive. flours of work at each jobsitc shall be those established by the general contractor and worked by the majority of trades. (the above working hours may be changed by mutual Agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive,shall be classified as overtime, and paid for at double(2) the rate of single time. The rate of pay for 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 workday/workweek of four(4)ten(10)hour days(4-10's)provided: =The project must be for a minimum of four(4)consecutive days. -Starting time may be within one())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 tile middle of a week, then the regular eight(8) hour schedule may be implemented). -Any time worked in excess of any ten(10) hour work day(in a 4-10 hour work week)shall be at the appropriate overtime rate. All work outside of the regular working hours as provided, Monday through Saturday,shall be paid at one&one- half(1%)times the employee's regular rate of pay. All work performed from 12:00 a.m. Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double(2) the straight time hourly rate of pay. ANNUAL,NVACF, ORDER NO. 9 A1V9U14 C)'I'.da: Page I of Paget CALLAWAY COUNTY C11'i?I2TINIE' RATES- BUILDING CONSTitUCTION NO.33: Means the standard work day shall he eight (8)com,ccuti\-c hours of work between the hours of 0:00 a.m. and 6:00 p.m., excluding the lunch period, or shall confirm to the practice on the job site. Four (4) days at ten (10) hours a day may he worked at straight lime, Monday through Friday and need not be consecutive. All overtime, except for Sundays and holidays shall be at the rate of time and one-half(1 i4). Overtime worked on Sundays and holidays shall beat double(2)time. NO. 35: ivleans the normal work week shall consist of five (5) eight (8) hour days for a total forty (40) hours, starting on Monday at 8:00 a.m, and ending on Friday at 4:30 pm-t. The starting time can be flexible between 6:00 a.m. and 8:00 a.m., and ending at 2:30 i nt. respectively. All work before designated starting time and after quitting tithe shall be paid at the rate of time and one-half(1%). All work in the excess of eight (8)hours per day, or forty (40) hours per week Monday through Friday, shall be paid for at the rate_of time and one-half(1'/:). All hours worked on Saturdays, Sundays,or Holidays shall be paid at the double(2) time rate. NO. 40: Means the regular working week shall consist of five (5) consecutive (8) hour days' labor on the iob beginning with Monday and ending with Friday of cacti week. Four(4) 10-hour days may constitute the regular work week. The regular working day shall consist of eight (8) hours labor on the job beginning as early as 7:00 a.m,and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8) hours but not more than twelve(12)hours during the regular working week shall he paid for at time and one-half(1'/z)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2) times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for"make-up"days shall be at regular rates. NO. 48: Means the regularly scheduled work week shall be five(5) consecutive days, Monday tl-irough Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day'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%:) will be paid for 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(I%:) unless tirne has been lost 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(1%) 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) tune. If employees work oil any of the recognized holidays,they shall be paid time and one-half(1'/z)their regular rate of pay for all hours worked. NO. 55: Means the regular work day shall be eight (8) hours between 6:00 a.m. and 4:30 p.m. The first two(2) hours of work performed in excess of the eight (8)hour work day, Monday through Friday, and the first ten (10) ' hours of work on Saturday, shall be paid at one &one-half(1'/z) times the straight time rate."All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double(2)the straight time rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight(8)hours, Monday through Friday, all time worked on Saturday,shall be paid at the rate of time and one-half (1 %) 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 WAGF ORDER NO. 9 ' AW9014 U�'.doc Page 2 ut'4 Pages WWI CrU,1,A��'I1' COl1N'I'1' O1`IS12'I'1(111i. RA'1'1S -- BI111,I)IN(; CONSI'RLICTION NO. 59: Means that except as herein provided, eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute ., week's work. All time worked outside of the standard eight (8) hour work day and nn Saturday shall be classified as overtime and paid the rate of time and one-half(1'h). All tithe 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 five(5) eight hour days or four(4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40)hours per week shall constitute a weeks work, lvlonday through Thursday, inclusive. In the event the job is down f'or any res':on beyond the Employer's control, then Friday and/or Sanmlay may, at the option of the L'rnploycr, be worked as a make-up day; straight time not to exceed ten(10)hours or forty(40)hours per week. When the live day(8) hour work week is in effect, forty (40) hours per week sluill constitute a week's work, Monday through Friday, inclusive. In the event the ,job is down for any reason beyond the Ernploycr's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time riot to cxcecd eight (8) hours or forty ('10) hours per week. The regular starting time(said resulting quitting time) may be moved to 6:00 a.m. or delayed to 9:00 a.m. Make- up days shall riot be utilized for days lost due to holidays. NO. 60: Means the Employer shall have (fie option of working five 8-hour clays or lour I0-hour days Monday through Friday. If an Employer elects to wort: five 8-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall he pair{ at time and one-half(1'/:) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: Iran Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. it is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work. four 10-hour days,between the hours of 6:30 a.m.and 6:30 p.m. in any week, work performed more than ten(10) hours per day or forty (40) hours per week shall be paid at time and one half(1%:) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten(10) hours on Friday at straight time. Friday must be scheduled for no more than ten(10)hours at the straight time rate,but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half(1 %x) 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 (l'/2) the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays, or days observed as recognized holidays, shall be compensated for at double(2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO. 86: Means the regular work week shall consist of five(5) days, Monday through Friday, beginning at 8:00 a.m, and ending at 4:30 p.m. The regular Work day beginning time may be advanced one or two hours or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and one-lialf(1'/Z)of the hourly rate plus an amount equal to one-half('/) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits, NO. 91: Means eight (8) hours shall constitute a day's work commencing at 8:00 a.m. and ending at 4:30 p.m., allowing one-half(1/2)hour for lunch. The option exists for tilt; Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular work Weck shall consist of forty(40)hours of fi ve(5) work days, Monday through Friday. The work week may consist of four (4) ten (10) hour days from Monday through Thursday, with Friday as a make-up day. If the make-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid 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 day) or over forty (40) hours per work week. Work performed on Saturdays,Sundays and recognized holidays shall be paid at the double(2)time rate of pay. ANNUAL WAGE' ORDER NO. 9 AW9UlA OT.doc I'n6c 3 of Pages CALL,A13'A1'CO[1N'1'1'OVI:It1'I111I; RA'I'h,S— BUILDING CONSTRUCTION NO, 94: Means eight (8) hours shall constitute a days work between the hours of 8:00 a.m. and 5:00 p.m. Tire regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one (1) flour to 9:00 a.nt. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'h) 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 corpensated at double the regular rate of wages. NO. 101: Means that except as provided below,eight(8)hours a day shall constitute a standard work day,and forty(40) hours per week shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside, of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(1'/2) (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(arid resulting quitting time)may be moved 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, the standard work day shall be consecutive tell (10) hour periods between the hours of 6:30 a.rn. and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the EmployLr, be worked as a mako-up day; straight time not to exceed ten(10) hours per day or forty(40)hours per week. Starting time will be designated by the employer. When the five(5)day eight (8) hour work week is in effect, .forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer,be worked as a make-up day; straight time not to exceed eight (8)hours per day or forty (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. NO. 110: Means eight(8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. The starting time may be advanced one (1) or two (2) hours. Employees shall have a lunch period of thirty (30) minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday (or 5:00 p.m. on Friday if the Employer grants a lunch period of one (1) flour), or as adjusted by starting time change as stated above. All work performed before 8:00 a.m. and after 4:30 p.m.(or 5:00 p.m. where one(1)hour lunch is granted for lunch) or as adjusted by starting time change as stated above or on Saturday, except as herein provided,shall be compensated at one and one-half(1'h)times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to work five (5)eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hours per week shall be paid at time and one-half(I%2) 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'/2) the hourly rate Monday through Friday. if an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half(1%2)overtime rate. ' ANNUAL WAGE ORDER NO.9 AW9014 OT.doe Page 4 of 4 Pages C•ALLAWAY COUNTY HOLIDAY RATE SCHEIDULH, -- BUILDING CONSTRUCTION NO. 3: All work done ctrl New Year's Day, Decoration Day,July 4th, i.abot Day, Veteran's Day, Thanksgiving Day and Christmas Day shall lie paid at the double time rates of pay. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as it holiday. NO,4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day,'Thanksgiving and Christmas Day shall be paid at the double time rate of'pay, If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO. 5: All wort: that shall be done on New)'car's Day. Memorial i)ay, 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 Christmas Day shall be paid at the double tittle rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday. If a holiday falls an it Satin(Illy, it :;hall be observed on the preceding Friday. NO. S: All work clone on New Year's Day, Niernorial 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 Thanksgiving will be worked at the Employer'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 of July), Labor Day, Veteran's D;Ay,Thanksgiving Day and Christmas Day, or clays observed as these named holidays,shall be compensated for at double(2)trite regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday,it shall lie observed on the preceding Friday. if a holiday falls on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmas Day,Decoration Day or Independence Day except to preserve life or property. NO. 19: All work done on New Year's Day, Memorial Day,July 4th, Labor Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. The employee may takeoff Friday following Thanksgi ving 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:'file i'ollowing days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th,Labor Day,Thanksgiving Day,Christmas Day,Employee's birthday and two(2)personal days. The observance ofonc(I)of the personal days to be limited to the time between December I and March 1 of the following year. If any 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, lfemployees work on any of these holidays they shall be paid time&one-half(1'/2)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 Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday,it shall be observed on Friday. When a holiday falls can Sunday, it shall be observed on Monday. NO.60: All work performed on New %'car's Day, Armistice Day(Veteran's Day), Decoration Day(Memorial Day), Independence Day(Fourth ON Lily),'Illanksgiving 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 Wr)Cihi Oi;I)!at NO. 9 AW9014 hdy.doc Page I oft Pugas CALLAWAY COUNTY HOLIDAY RA'Z'E SCIIEDULE-BUIL.DING CONSTRUCTION NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day,Decoration Day, Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whatever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO.69: All work performed on New Year's Day, Decoration Day,July Fourth, Labor Day,Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also be holidays,but if the employer chooses.to work these days, the employee will be paid at straight..time rate of'pay. If 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 following recognized holidays shall be paid at the double(2)time rate of pay: New Year's Day, Presidents Day,Good Friday,Memorial Day,July the Fourth,Labor Day, Veterans Day, Thanksgiving Day,Day after Thanksgiving and Christmas Day. ifa holiday falls on Sunday,it shall be celebrated on Monday. If a holiday falls on Saturday,it shall be celebrated on the Friday preceding such Saturday. ANNUAL WAGE ORDER NO. 9 AW9014 hdy.doc Page of Pages Heavy Construction Rates for REPLACEMENT PAGE Section 014 CALLAWAY County Fective ��5ver- 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 Grou_I _ 5/02 $21.35 �21 5 $12.23 Group it 5/02 $21.00 21 _5_ $12.23 Group III 5/02 $20,80 21� 5 Y $12.23 Group IV _ 5/02 $17.15 �21 5 _ $12.23 Oiler-Driver 5/02 $17.15 21~ 5 � $12.23 LABORER 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 111 5/02 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 p vY Building Construction Rate Sheet. *Annual Incremental Increase ANNUAL WAGE ORDER NO.9 7/02 CALLAWAY COUNTY OVERTIME RA'Z'E. SCHEDULE, —III AVY CONS`1'I:UC1'10N NO. 2: Means a regular work wed, of forty(40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or tcn (10) hours. if a crew is prevented from working Corry(40) hours Monday through Friday, or any part thereof,by reason of inclement weather, Saturday or any part thereof may be worked as a make-up clay at the straight time rate to complete forty(40) hours of work in a week. (anployees who are part of a regular crew on a ® makc-up day, notwithstanding the fact that they nray not have been employed the entire week, !� shall work Saturday at the straight time rate. Time&one-half(i'i2) shall be paid for a]1 hours in excess of eight (8)hours per day(if workinb 5-8's) or ten (10) hours per day(if working 4-10's), or forty(40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete forty hours), time and one- half(i%2)shall be paid. For all time worked on Sunday and recognize(]holidays, double (2) time shall be paid. NO. 7: Means the regular work week shall start on Monday and crid on Friday, except where the Employer elects to work Monday through Thursday,ten (10) hours per day, All work over ten (10) hours in a day or forty(40) hours in a week shall be at the overtime rate of one and one-half (1'/2) times the regular hourly rate. The regular work day shall be either 60,it (8)or ten(10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time(if working 4-10's). Saturday may be worked as a make-up day at straight time(if working 5-8's). Make-up days shall not be utilizer] for days lost from holidays. Except as worked as a make-up day, time oil Saturday stroll be worked at one and one-half(1'/2) times the regular rate. Work performed on Sunday shall be paid at two(2)times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the.double (2)time rate of pay. NO. 21: Means the regular work week shall consist of five(5) eight (8) hour days, Monday through Friday. The regular work day for which employees shall be compensated at straight time hourly rate of pay shall begin at 8:00 a.m. and end at 4:30 p.m. However,the project starting time may be advanced oi•delayed at the discretion of the Employer. At the discretion of the Employer, when working a five(5) day eight(8) hour schedule, Saturday may be used for a make-tip day. The Employer may have the option to schedule his work from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the overtime rate of time&one-half(1 '/2). If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control,he shall have the option to work Friday or Saturday at the straight tune rate of pay to complete his forty(40)hours per work week. Workmen shall be paid one&one-half(1 '/2) times the regular rate of wages for all hours worked in excess of eight(8)hours per day(if working 5-8's),or ten(10)hours ly-r day(if working 4-10's),or forty(40)hours per work week Monday through Friday(if working 5-8's) or Monday through'Thursday(if working 4-10's). Unless used as make-up days to complete forty(40)hours per work week,time and one-half(1 '/2)shall be paid on Saturday(when working 5-8's) and on Friday or Saturday(when working 4- 10's). Sundays and holidays shall be paid at the rate of double(2) time the regular rate of pay. AW9014 hvy oi,doc ANNUAL WAGE':ORDER NO,9 Pugc I of I CAL.L,AWAY COUNTY HOLIDAY RATE SCHEDULE - 11EAVV CONSTRUCTION NO. 4: All work performed on New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday, Monday shall be observed. NO. S: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday fails on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shrill be observed on the preceding Friday. No work shall be perfbrmed on Labor Day except in case of jeopardy to work under constriction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward a forty (40) hour week; however, no reimbursement. for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty(40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If a.holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Libor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward the forty(40)hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double(2) the regular rate of pay for such work. r o ' aw9014hvyhol.dcc ANNUAL WAGE ORDER NO. 9 Page I of REPLACEMENT PACE OUTSIDE ELECTRICIAN These rates are to be used for the following counties: eAdair, Audrain, Boone,Callaway, Camden, Carter, Chariton, Clark, Cole,Cooper, Crawford, Dent, Franklin,Gasconade, Howard, Howell, Iron,Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Maries,Marion, Miller, Moniteau, Monroe, Montgomery, Morgan, Oregon,Osage, Perry, Phelps, Pike, Pulaski,Putnam, Ralls, Randolph, Reynolds, Ripley, St. Charles, St, Francois, St. Louis City, St. Louis County, Ste. Genevieve, Schuyler, Scotland, Shannon,Shelby, Sullivan,Texas, Warren, and Washington COMJ1'IERC[AL WORK Occupational'Title _Basic _ Total 1 lourl �__ Fringe Rate Benefits _ *Journeyman Lineman _ $28.2$ $2.75 +41.3% �. *Lineman Operator _ $25.32 $2.75+41.3% *Groundtnan $20.04 $2.75 +41.3% UTILITY WORK Occupational Title Basic _ �_ Total _ Hourly Fringe ~Rate Benefits *Journeyman Lineman $27.27 $2.75 +37.3% *Lineman Operator _$23.54 $2.75+37.3% *Groundman $18.20 $2.75+37.3% OVERTIME RATE: Eight(8)hours shall constitute a work day between the hours of 7:00 a.m. and 4:30 p.m.Forty(40) hours within five(5)days,Monday through Friday inclusive,shall constitute the work week. Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1'/2) the regular straight time rate of pay.Contractor has the option to pay two(2)hours per day at the time and one-half(I%Z)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday. Work performed outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. HOLIDAY RATE:All work performed on New Ycar's Day,Memorial Day,Fourth of July, Labor Day, Veteran's Day,Thanksgiving Day, Christmas Day,or days celebrated as such,shall be paid at die double time rate of pay. When one of the foregoing holidays falls on Sunday, it shall be celebrated on die following, Monday. 1 0 ANNUAL WAGE' ORDER NO. 9 1103 *Annual Incremental Increase OUr STL A W910.doc AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I,the undersigned, i Ckja , '=�, jAw". of lawful age,first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as cn� �4C-LA-a y_, by q-- 2. That &-gQrsc>r. Co _ was awarded a transportation contract for Project No. 32074,2003 Overlay & Milling Program. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to transportation contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That � !'spn -r`�S p �o has fully complied with the provisions and requirements of Section 290.290 RSMo(1994 as amended) FURTHER AFFIANT SAYETH NAUGHT. AF'fANT Subscribed and sworn to before me thisc 7day of tea- 20 `u ' NOTARY PUBLIC My Commission Expires: r � .� bC)3 STATE OF MISSOURI ) COLETTE= ST. CYR )ss Notary Public - Notary Seal COUNTY OF C O ) State of Missouri, Cole County My Commission Expires Dec. 9, 2003 March 31,2003 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, S. 4tk-'�c� , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as C-0roorcx_�Q. 5eC:-(-z..A-a , by 7A 0_46 r-.o� �A co ry. That _�._. � _ C-0 was awarded a public works contract for Project No. 32074, 2003 Overlay & Milling Program. 3. That i have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to transportation contracts, which impose certain requirements upon contractors and subcontractors engaged in a transportation 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 transportation 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. ^� AF F NT Subscribed and sworn to before me thisoZPZ�'-�day of a , 20 C)3 . COLETTE ST. CYR c n Notary Public- Notary Seal t 1�.A State of Missouri, Cole County NOTAR''( PUQLIC My Commission Expires Dec, 9, 2003 My Commission Expires: e C_ 00 3 APPROVED BY: DIRECTOR OF TRANSPORTATION, CITY OF JEFFERSON, MO O March 31,2003 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of r�-�c.- ' 2003, by and between Jefferson Asphalt Company hereinafter referred 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. 32074, 2003 Overlay & Milling Program NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within ninety (90) working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Transportation within ten (10) days after the date of this contract. 2. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the"prevailing hourly rate of wages"for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the rFederal 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, Cale County and Annual Wage Order No. 9, Section 014, Callaway County in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Transportation each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ' ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. June 9,2003 1 e 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's_ Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance -The Contractor shall also obtain at 1 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 $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. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractors protective insurance (or contingent public liability and contingent property damage policies) by a general contractorwhose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations ' by anyone directly or indirectly employed by the Contractor. March 31.2003 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. L_iguidated Damages. The City may deduct $500.00 from any amount otherwise due under this contract for every calendar 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 clue to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract b giving at Yg g 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. 7. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6,then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. March 31,2003 8. Indemnity To the fullest extent permitted by law,the Contractorwill indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys'fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, , sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 9. 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. 10. 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. 11. 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 Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated Li r��"0,3 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of word: done or materials furni hed hereunder. The total amount of this conJ shall not exceed -y Gtc�vte�y e �, �ho A �lG.�Z _( `� �dU y ) J _ 12. 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 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. ' Juno 9,2003 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. 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 Transportation, 320 East McCarty, Jefferson City, Missouri 05101, and Contractor at . The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN 'WITNESS Wth e parties hereto have set their hands and seals this day f 2003. CITY OF JEFFERSON CONTRACTOR a r ATTEST: ATTEST: UJbL City Cle Title: APPROVED AS TO FORM: Y City C unselor r March 31,2003 Bond #t199630 PERFORMANCE, PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned 1 Jefferson Asphalt -company, Inc.. , 2?_u"1. j],Qood U�„�j_�;u��;t�n �L�C,TMO.S�`i110 hereinafter, referred to as "Contractor" and North American Sec`alty _ Insurance company _ a Corporation organized under the laws of the State of NH — _ and authorized to transact business in the State of M0 Surety, are held and firmly bound unto the City of Jefferson hereinafter referred to as"Owner" in the penal sum of six Hundred Thousand and no/100 DOLLARS ($ 500,000.00 ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these Presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the_ day of 20 , entered into a written contract with the aforesaid Owner for furnishing all materials, equipment,tools, superintendence, labor, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. r March 31,2003 PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any arnount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the tern is of the contract, or to the work, or to the specifications: PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of an act or omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jefferson City, Missour� _ on this the day of ----, 20 1 North American Specially Insurance Company 1200 Ar7 ; Lc� l�cl—�#�iL1U,--:Lka:, �:Cr Jefferson As�h,21- Company, Inc.. 60143 SURETY COMPANY CONTRACTOR 1 630-227-4700 BY+ Barbara A. Miller __(SEAL)(SEAL) BY (SEAL) �� BY J (SEAL) BY (SEAL) Attorney-in-fact (State Representative) ' Barbara A. Miller (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) March:31,2003 NAS 511111':'1.1'GROUP NORTI I AMERICAN SPFCIAI.'ITY INSURANCI COMPANY WASIIIN(i'I.ON INTERNATIONAL. INSURANCl{C'OMI'ANY GENERA1, P0 111:14 OF XI'•1'O11N1,Y KNOW AI. ,NJ FN BY TIII-SL'1IRI:SENTS,'I'1IA'I•North A met icon Specialty Insurance('onlpmly,it corporation duly organized and existing under laws off lie Slime ot'New Ilampshire,and having its prineipat ul'lIce in the('ply ol• IluIcIICs:cr,New I IamprAmc,and Washington Intenutional Insurance Company,o corporation organized and existing under the haws ol'the State ol,Ariiona and having its principal office in file City of Itasca, Illinois,each(tors hereby make:,constihte and appoint: J. Douglas Joyce, I_iwrencc S. Kaminsky,Michael T. Kelly, higenc A, Klein, Ilarbarm A.Millet,Thomas fvi. fan lish,_I'honru; i'. 1 ill/., Linda I_ Nutt, krone J. Reardon,_Nric Van Ilusku^k,Brenda L hive and I..is_I 11_T(worn_^jointly—or severally, ----�—�-- Its true and lawful Attorney(s)-in-fact,to make,execute,scat and deliver, fur and on its hchalfnnd its its act and decd,bonds or other writings obligatory in the nature of a bond on behalf of eae'h of said Cunnpanies,us surety on cunm cis ol'sonr lyship its arc or m;ay he required or permitted by law,regulation,contract or otherwise,provided that no hond or undertaking(it-connact e,r suicivship c�ccuted unda this authority shall exceed the amount of: TLN 4111.1.1ON(I0,000,000.00) DOLLARS I'his Power of•Atiorncy is granted and is signed by IiIv,;iI11dC udder and by the authority of the following Resolutions nduptcd by the Ian:IrdS of Directors of bath North American Specialty Insurance(onnpmay mill Washington International Insurance Company at nvculings duly called and held on the 24'n'of March,2000: "RESOI,V`,),that any t\vo of the President,any lixeeutivc Vice PI'e'SOCIII,May Vice President,any Assistant Vice President.the Secretary or any Assistant Secretary be,and each or any ol'them hereby is m ithmized to execute;I Po\ver ol'Atiorucy 1paallfying the attorney named in the given Power of Attorney to execute on bchalfof the Company bonds,undertakings and all contracts ol'surety,and that Inch or any of thein hereby is authorized to attest to the execution of any such Power of Attorucy and n1 mooch therein till seal of the('unlpnny: and it is PURTI IER RESOLVED,that the Signature ol'sueh officers and the seal of the Company may lie affixed to any such Power of AOorney or to any certificate relating thereto by fhcsimile,and anv such Power ol'Attoincy or certificate lieu(Inv such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the 6ture\with regard to any bond,undertaking or contract of surety to which it is attached." § VAUiYji, /�� f>� �•`, Y,�110kA(jy' z SEAL .n reed u.nmrill{y Pl rtldrnl,t Chlul F.,cnuhclllth end N'a,hhi�nm lnarnortlunnl lnwnuurl umlrnn)& a (rt�kPQ1uTE\}j = Wf1ty. 1973 u�;A'_= \'Ire I•re,ideM of.%w lh,Unrl lcxn tiprrluth lumnuur(•umpxm '� S E L /p s 'XI �i ',mil t4","„«.»+•'�•1. &0 II nnna"``\\ icy!_ at,N`� sIe,1m 1'.4oder,on,Eu•rorhe\'Ice PrN.1,111 nrNu,hingluu hnu lmliunul Inwr.urre('nnymn)& \'Ice Pre,Ideol nr Inwruute(nogmn) IN WITNESS WI IEREOP,North American Specialty Insurance Company and Washington International Insurance C'om mny lime caused their official seals to be hereunto affixed,and these presents to be:;igned by their authorized officers this 2 day of 1\ ity -)()03 North Americiul Specialty Insurance Company 1\'n�,hin};tnn International In\ur:uu•c('onlp:uly State ill,Illinois County of Du Page ss: On this -�.. clay of May ,before mac,a Notary Public prrsunnlly appr:Ircd___-- I'aul.,ll r\Itisltu/ PICSIdent and CTO of Washington International Insurance Company and Vice President of North An)erican Specially Insmaneo Company and—_stevel -1',i\1ult!ison Executive Vice I'residcnt of Washington Inlemational Insurance Company and Vice I'residenl ill Ninth Amercan Specialty Insurance Company personally known to tile,Rho being lyp tae duly sworn,acknowledge(!that they signed till.above Power ot•Auonacy as officers ofalid acknowledged said instrument u)he the volmilmy act and decd ol'Ib61'Icspcctivc conallanirs. Orrt(Y,y lal(/�1. j-"��,?.«•-t-i ve I'- r!:1 wnmr MOM•n•ra n kt."s ' r','awrrrorrrvwo a,►p - -- Yasmitl A.Patel,Notary Public I. Jnl(11 \a,C'_nrhenicr---• the duly elected,-__Assistant tippnrtgry-. _ nl•North:\tncricun Specially Insurance('untl)any and\Vushingtan Inte111116.mnt Insurance Con.pany,du hereby ccruly tint till above and furcpoing is a title and collect copy ofa Power of Attorney given liy said North ' American Specialty Insurance Company and Washington Intern,tional Insurance Company,which is sell in full force and effect. IN WITNESS WI II Itl:Of, I have set Illy hand and affixed tilt--call of the Companies this (Illy of 211 Lour,.\l.nprwrr,l nr 14c,nL•m!:,\,fubou♦ra rebn�nl'IPd,hmgum Ininn.dnm.il Inwr.un'c lompnny A"10.1111\e,rr(.uy of Nunh Amcuc,m SIMrAI 111,111-111,¢CuIiy an) N A S 5111?VTY 6140 1P N 0 R I II ANiF,ltl(_'t\N S1)k.('1A1,TY INSUitANt'I'.COiNIVANY WASI IING I ON IN'I•IiitNA I'IONAI. INSURANCI'.COMPANY C6:NI?RAI, VMVI,R Oh A•1°FORNI-1Y KNOW ALI,All?N 10-11 lF1s'E PRl-SI.N-I S,TI IAT North Anicric:an Specialty Insmufc e Company,a corp,vauon duty urp illized and existiig under laws of the State of New I lantpshire,and having its pnncfpal ollice in the City of 1\11mchctiter,New I Ivnpshirc,mid Wmltinyton International Insurance Company,a corporation orgaived and existing under the Imes of the Staff-of Arizona nod having Its princtp,ll off-ice in the City of Itlisca, Illinois,cuch does hereby make,constitute and appoint: .1. Douglas Joyce,I_mvi-ence S. Kaminsky,t\ftchaid T. Kelly,Fogrnc A. Klein, Ilarbtua A. `,filler,Thoma\M. lilt;li\h, oulns 11.I'atz,bind;I..Nutt, Jutome J.Reardon, U..ric Van Buskirk,111'enda 1,. l.inzc and Lisa M.Torulra,•jointly or severally, Its true and lawful Attorneys)-in-Fact,to make,execille,seal and deliver,fin and on its behalf and as its act and(Iced,hands or other writings obligatory in the nature of a bond on behalf of each of said C'ompaiics,as surety,on contracts of'sit lct),sit it)as arc or may he required or permitted by law,regulation,contract Or ot lit:rwis,c,provided that nn bond 111 undcrmkilip,or contract of Sir fCty sit i1)executed under this authority;11u1I exceed the amount of: ITIN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by fYlcsirtuic under and by the authority of the 160owilrg Resolutions adopted by the Hoards cif Directors of both North American Specialty Insurance Company dad Washington International Insurance('ompall) at meetings duly Catlett and Bell on life 24'h of March,2000: "RESOI.VFD,that any two of the I'residenl,any Execlftive Vice I'residullf,ally Vice President,any Assistant Vice Pf'C dens,the Secretary or any Assistant Secretary be,and each or any ofthem hereby is antholVivil to execute if Power of Altomey qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company ponds,undertaking-,aid all contracts of surety,and thm each of filly of them hereby is authorized to attest to the eXCCat(ion Of ally such Power of Attorney and to attach thcrcii the Seal if the.C'vnipan); and it is FURTHER RESOLVED,that the signature ofsuch officers and the seal of the Company ntary be affixed to any such Power ol'Attumcy or to any certificate relating thereto by facsimile,and;illy such Power of Anorncy or ccnificarc hearing such facsimile sfgnanucs or facsimile seal shalt he binding upon file Company when so affixed and in the fiture with regard to❑ny bond,undertaking or contract of surety to which it is amiched." �d\p111111111f1/!ry �7 `,\�„�tS noel pqy, zy \�yQfo PPO%{t•�f`G:� (/rF.y�Ff�� �ft.tiat..... /.�''"�� �'1G .� Go C71• SEAL tin~ 1'nul II.,1m NUU.1'n•eldrm d t hurl I:u•�ull\e tlfprrr nl N'.di6,��m❑nrnrxrfnn.l hiwniurc Cungr;,,,)d `� CCRPORATk }^�: =wT 1p7J ¢,imp \•Ice 1'rt+ro.1 d\mall Anion tipw WIN Um,r.nn•Couryun) LK SEAL se 4`.A ts,= By - tih•,rn 1'.Aodenun,I:u•tull,e\'trr Prrcidrm fir\1 a\IduGtnn Inlrrnutlun.�Lixuuncr('urnpxn).0 \•Ice 11o"M nl ni Nmift\nu•ru.n sprrinll)lmm;m r Compnm IN WITNESS WHEREOF,IEREOF,North American Specialty Insurance Com pimy an,t Washington Imemmional hisurance Com)IIIly have caused their official seals to he hereunto affixed,and these presents to he sigacd by their authorized offircls tis h 2 day c,f__--- May 2003 North American Specialty lusura llet'C ollilmny Wmilingtoll I art'rilatimial 111\Ill-ance('olupany State of Illinois County of Du Page ss On this 2 , clay of•...-- May 2003 ,bellrre nlc,if Nofa iv I'nhlic pce,ouall\•appealed. ...__I'aul.1)__ ill tiftz•.__., President and CEO of, Washington International Insurance Company and Va:c President of Noflh Americana Specullty Insuran ce C'ompany and Steven P.nndcrsot ' Executive Vice President ill•\Vashington International Insurance Conlpdny and Vice Ihesident of North American Specially Insurance Company, personally known to file,who being by fife duly sv;oru,ack-mm tell gcd shat they signed the ahovc Tower ofAltotncy as officers ofand lll:kuowlcdgud said instrument to he the voluntary act and decd of their respective companies. Y,ip�/AMiPi rrOrure hr aA:• ON ti tt+w.yt ---••- w”"1NO1�'9M• 4m -^ \•asmill r\.Patel,Notary Public I, .h tiles A.C'arpentcr _, the dirty elected.__.__Asst_itant Scctetar}' _ _. - -of Nolth Amefic:m Sl)cciah.y fi mrance Company mid Washington International Insurance Company,do hereby certify that the allove and tirteg.lior,is a true and c•orlect vopy of a Power of Attorney given by said North American Specialty Insurance.Company and Washington International bmirance Company,which;is Still in futl force mud effect. IN \VITNESS\VI II REOF, I have set my hand and affixed the scats of•the Contpanicti this _22 day of._-._._hl tY......_._ 20 Q� , ' Lune}n t o roll,\'fir t'rmdenl,C An+rtant SretrLlq of W olnoKUm INenwnnn.l Inwl•nue Cumpanr k ,,lH,lnw�n nl.ry ill Nr,nh Anvrican Spniaa)In\uranct('onlpuny wy )'M rl , W IJ'w. '� T✓',.r�_ 1 .. ..` ����,� C' '�i'1t�V'J 'ifl�• t�cr'I�Li�.c!icj,i l�!r n jw. . _ ' 'Act of r c , r'1/e 2 , �l: �c� t..y/ ih, l�nke:-:� ��� c Urld r -; acts 1..1 1•. I' )I 'i�I 1/ ( i" [' -i -1 C' �c _� 'V a_-�i"ai i ''A(, L.irC� _ iL�i�!;ir_:, ,Ile Unite'-; i� !�c; G �ormuir .saf�iisil� !in y�- --_, �t�r;i ,���i.li�:il� �a�l;ctiL-i� �.�i� cv c. srn ios---es e., �� t� c �� GT f /•.f .,�a 1.,,"i vi 1 r r)L;=�� prcilllUrll �� c o�/i�uir 1`- '`/cu �n the incur anc- cor;�-,�r:,i,1 ; ca .,, tilc:l i5 Ettr ii:'1_ItF Gic o ccvsi-Os: i0i 7c G G'i i ivrl�i l i Apra ycur ins:uranC /SU('5iy c- mrany we crc �; r,r�iric ;/OU `illy riC;ICc ta:, r;}r,�,�,Iy with the i 5rr0(IS,iI risk Insurance Pkct of '2002'. For questions reeurc�hlg hi n�,ac of ;c'_ti `lisp our NCh >iia ''w'^�"" ='-r=t=r•c�rn cr you may call our 1 office at ':30- 227. 4'325. RE''/: 2103 agene nodca , 1 JUN-18-2003 03(40 CITY OF JEF•FERSOH 5736346427 P,02 CERTIFICATE OF LIABILITY INSURANCE Jxgv1 i� DA 0tH 6/1I>m3 PROCIUM THIS CCERTIFICATE 18 ISSUED A.9 A MATTFF?OF IWORMATION ONLY AND CONFER$NO RIGHTS UPON THE CERTIFICATE Winter-Dent & Company HOLOCR.'THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.U. Box 1046 ALTFR THE COVERAGE AFFORDED BY THE POLICIES UELOW. el7E!'�OtsTa-�City MO'tS51�fS'-�.4�46----.___..�.. _... ._.. _ � _.._ .._�... .. .... ._.. .. - - -• hones S'73-634-2122 Pax:573-636-7500 MCURERS AFFORDING COVE-RAGE _ _ NAIC0 INSURED �- —._ --_ �_— — INSURET(A Oeanaral Ga oualt:y Inauranco 24414 INSUP"B: _ ,70form n Anphalt Company, TnC INSURER C: i and A)r nfit P6Uroductrg, Inc. P 0 Do INSURER M. Jefferson C ty MO 65110-4868 INSURER E CAVERMES —_ --- _ THE POLICIES OF MS(IRANCE LWUD BELOW HAVE HUN ISSUED TO THE INSURED NAMED AOOVG FOR THE POLICY PERIOD INDICATED,NOTWT-MSTANDING ANY REUURRfM--NT,TTiRM OR COMMON OF ANY CONTRACT OR OTTIEN DOCUMENT WITH RESPECT TO WH01I THIS CCRTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIF.5 DCP,CRim HEREIN IS SUBJECT TO ALL THETF.RMS,EYZLUS40148 AND CONDITIONS OF=H P'OLICIPA.AGOREGATEi LIMITS SHOWN MAY HAVE BEEN REDUCED UY PAID CLAIMS. POLICY NUMp¢R � E POLICY E7AP )� L TYP OF I SU„ E_ LATE M _ nAn(mmm131Yr1H LIMITS GENERAL LLABILTTY EACH OCCURRENCE 11000000 A 7C COMMERCIALGCNERALLIQILTTY =10324163 01/01/03 01./01/04 PR�EMISES� Ca $ 50000 CLAIMS TAADB ox OCCUR MED I"(Any one(Hwson) S 5000 PERSONAL AA[NINJURY $1.000000 Ga=NGRALAGGREC.ATE %2000000 GEN L AGGRE�GATE LIMIT APPUER PER PRODUCTS.COMP/OP AGO S"00000 POLICY La l JPFCOT r'-] AUrOMOVILL A X ANY AUTO -C,UA03241.63 01/0 03 01/01/04 cOMBINEDSINGI.T LIMTT $ 1000000 (£9 oc�duN) X ALL OWNED AUTOS • Por w3 INJURY ( S 3CNEDULEDAUT•:JS D„ Porp�saon) 7C HIR6U AUTOS wo BODILY INJURY S NON-0WNED AUTOS (Pa Padden!) �- PROPER DIM (Per seddenDA1(AGE $ mmediddaL GARAGE UADIUTY ALITU ONLY•FA ACCIDENT S 1 E ANY AUTO OTHER THAN ACC S AUTO ONLY: AGO S E XCESMM IDRELLA LIABILITY v rµ —r EACH OCCURRENCG S 100 0000 A X oCCUn D CLAIMsMAor OU3225265 - 01/01/03 01/01/04 AGGREGATE $ _ s _ E TIE R X RETENTEN TION ON $10000 f WORXERS CONIPL•TLSATION AND X TORY LIMITS ER A Asa+PRORSLweam CWC032416.1 01/01/03 01/01/04 E.L.EACH AMDENT $1000000 ANY CERIMEETOR/PAKTNER/EXECUTIVG - --- oPPICFWMEMBL:R[XCLUUE07 E,L.DISEASE.EA EMPLOYEE S 1000 D OO M .d�undo - FtttTV43rOIU.Ytfelow'--•- -- . -�- � 1.[n3f'ASP-r�x�rtllarY• �.'D1109 00' OTHER A 1"zod or rentod CC10324163 I 01/01/03 01/01/04 1000 Bled 400000 A 1notall Floater _ CCX0324163 01/01/03 01/01/04 1000 Ded 63475 DF3CRIVnON OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORMPACNT I LPCCIAL PROV1.410N5 Project: 2003 Milling and Overlay Program- Job No. 32074, JA Job No. 13046 CERTIFICATE HOLDER CANCELLATION _ — SHOULD ANY OF THE ABOVE OFSCRIDED POLICIES BE CANCELLflD BEFORE THE EXP/MTION DA v-mr-RCOr,THC=IJING INSURER WILL ENDEAVOR TO MALI. 10 DAYS WRITTEN ' NOTICE TO TILT:CERTIrICATC HOLDFR NAMED TO THE LLSFT,BUT FAILURE TO DO 50 SPIALL City O f Jo E L f o on IMPO SF NO OBLIGATION OR LIABILITY or ANY MEND UPON THE INSURER,ITS AGENTS OR Department of Trarxnpor.txt:ion 4� :320 Rant McCarty RFPRFSENTATIV[8. Jefferuon City Mn 65101 AITTHON NuPRC5GNTATVIZ ACORD 25(2001108) �- �C ACOIRD CORPORATION 1908 WLtul -A r JUN-16-2003 09=41 CITY OF JEFFERSON 5736346427 P,03 IMPORT'AN'T If the certlfioate holder is an ADDITIONAL INSURED,the poilcy(fes)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement,A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies fisted thereon. t r r AGORD 25(2001108) , JUIA-18-2003 09:41. CITY OF JEFPERSOH 5736346427 P.04 INSURANCE BINDER OP 10 r. VATr TIM UINMR IS A TtMIOURARYINStIRANct!r.ON7i4r7litt[15EC.T7T6iFfE66N'6Il')*UNS$,',IIC)WN ON ii IF. REVERGLUDC OF THIfli()RM, PRODUCER 14, Ltl- 573 639-21.2? 6480 5Y-636-7500 Gunural Caqualty I inter-Dent & Cenapany DATE DATE .0. Box 1046 --X-112:01 AM 3afferaou City NO 65102-3-046 Am 06/1 NOON 06/L3/03-� 12.01. Pm Charlea 2. Trabue THIS DINDEn is 135LIED TO EXTEND COVERAGE IN THr ANOV11 NAME)COMPANY COWL 0240321 Us CODEI PCREXPIIIINGPOLK:Ylf NA-LT", FAfl-OCP m m"ON OF OPLRATIONSNEHI%Lr--'VPkOPrRTY(Including Localinn) OEM INSURED Ownura Contruahars Protective Liabilit City og Jotfervon rolqi = JPorh o jNeoct. :#322004 Ovorlay and Milling 3 CL xmmL NQQAm COVERAG III LIMITS CM U-MOFffORKI OpulIcTutir., r COIN15% AMOUNT OF LASS' iOAD SPFC GEN EACHOCZURRENCE $2000000 COMMERCIAL GENERAL LIAHLrTY FIRE DAIAAGIZ(Any one 11m) s mAims mADr 0 occuR -mtm ExP(my onu perwi) 3 X owner & Contractor Prot. PERSONAL&ADV INJURY 3 GENERAL AOGREOA7E s 2 D 0 0 0 REIRO OKIE FOR CLAIMS MA(X-; PROCUCTS-Cl AUTOMOBILE LIAEUL[lY COMBINED SINGLE LIMIT S AllY AUTO BODILY INJURY(pee PUMA) S ALL OWNED AUTOS BODILY INJURY SCtMULED AIJ`rQS wr. own"" PROPE]ITTY DAMAGE HInEDA 0 MEDICAL PAYMENT'S s NON-OWNED AUTOS PER50UAL.INJURY PROT 9 UNINSURED MOTORIST 3 AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEI-In-1-17.1, SCHrOULED VLHICLES ACTUAL cAsti VALUE COLLISION; STATEDAMOUNT 0111FR THAN COL CTK-R LAUGH LLABUJTY AUTO ONLY-EA ACCIDEN"r Ann AUTO OTHER TT I.W AUTO qtLyl- LACH ACCIDENT S AGGRE.ATE $ Q=URKF. UMBRCLLA FORM AGGRLOATT; OTHER THAN UMBRELLA FORM IIIETTIII DATE FOR CLAIMS NW)C: SCLF•INSURED RETENTION s _I I WC IC.TATUTORYLIMITU WORKE)CS COMPE145ATION El.CACH;rxiDEN'r s AND SPLOYER'S LIABILITY k.l.DISEASE_•GA FMPLOYFIE S E.L. TIMEASE-POLICYLIMIT S VtKCtAL Jaff*raom Aaphalt Company in roaponzible for paymuni; of preadum anti audit. Fr-Es TMG0 ESTIMATED TOTAL PREMIUM Is NAMIE&ADDRESS —E mORTGAGIZV ADDITIONAL INSURED LOSS PAYEC L LOANP 1'E')KPIAEULNTATIVE. Of.,it inn- ACORD 75-S(1198) NOTE;IMPORTANT STATE INF0RlIAAnff+--dN Re9LlWM---SI0E- Q AGORD CORPORATION 1093 JUN-18-2003 09:41 CITr' OF JEFFERSON 5736346427 P.05 CONDITIONS This Company bind&the klnd(s)of Insurance stipulated on the reverse side,The Insurance is sub)ect to the terms,conditions and Ornitallons of the pollcy(ies)In current use by tho Company. ThIa binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective.This binder may be cancellrA by rho Company by notice to the Insured In accordance with tho policy conditions,This binder is cancelled when replaced by a policy,If this binder It not replaced by a policy,the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. JiJN 17 2003 Applicable in California When this form Is used to provide Insurance in the amount of one million dollars($1,UOO,ODO)ar more,tog e of ft form Is changed from"Insurance Binder'to"Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of Insurance a written binder issued by an authorized insurer or ib agent if the bindor Includes or is accompanied by.the name and address of the borrower;the name and address of the lender as loss payee;a description of the insured real property;a provision that the binder may not be canceled within the term of the binder unless the lender and the insured bonnwor receive Written notice of the cancel- lation at least ten(10)days prior to the cancellation;except in the case of a renewal of a policy subsequent to the c o&Ing of the loan,a paid receipt of the full amount of the applicable premium,and the amount of insurance coverage- Chapter 2t Tide 25 Paragraph 2119 Applicable in Florida Fxoapt for Auto Insurance coverage,no notion of cancellation or nonrenewal of a binder Is required unless the duration of the binder exceeds 60 days.For auto insurance,the Insurer must give 5 days prior notice,unless the binder Is replaced by a policy or another binder In the same company. Applicable in Nevada Any person who refuses to accept a binder which provides oovam90 of less than$1,000,000.00 when proof Is required!(A)Shall be tined not more than$500.00.and(13)is liable to the party presenting the binder as proof of Insurance for actual damages sustained therefrom. ACORD 75S(1196 ' TOTAL P.05 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 tirne 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;►pproved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the 1 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 Transportation One (1)with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract'or"Contract Documents"shall include all of the documents enumerated in the previous article. 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. Generally this will be the"City of Jefferson". ' 3. "Contractor"or the words"Party of the Second Part"shall mean the party entering into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. March 31,2003 5. "Engineer" shall mean the authorized representative of the Director of Transportation, (i.e., the Engineering Supervisor). 6. "Construction Representative" shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 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 rnean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans" or"drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words"as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words"approved","reasonable","suitable", "acceptable","properly", "satisfactory",or words of like effect and import,unless otherwise particularly specified herein,shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and Engineer. ' 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed"or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall rnean the latest edition of the "Missouri Standard Specifications for Highway Construction" prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR ' It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work,the conformation of the ground, the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the ' work under this Contract. No verbal agreement or conversation with any officer,agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. ' The relation of the Contractor to the City shall be that of an independent contractor. March 31,2003 GP-4 THE ENGINEER rThe Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of ail 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 1 contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. GP-6 INSURANCE GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. ' The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. All certificates of insurance required herein shall state that ten (10) days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started, All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do March 31,2003 business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY_INSURANCE (1) Bodily Injury Liability insurance:coverage providing limits for bodily injuries, including death, of not less than $2,000,000 per person and $300,000 per occurrence (2) Property Damage Liability insurance coverage for limits of not less than$2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE_ (COVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily injury or death (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2, U. 6.5 for property damage liability shall contain no exclusion relative to: r (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 Contractor shall carry in his name, additional assured clauses protecting City,Liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of not less than$300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. March 31,2003 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 hirn against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of $300,000 per person. The "All State"endorsement shall be included. In case any class of employees is not protected under the Workmen's Compensation Statute,the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work at completion,less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses, if any, to be adjusted with and made payable to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-furnished equipment is less than $10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. ' GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents,sub-contractors, material men or his or their employees;to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for- all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever(except as hereinbefore provided) to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES& CLAIMS INDEMNIFYING CITY ' The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses, damages, costs, expenses,judgments, or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them, for or on account ' of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury, death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material ' men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the March 31,2003 t fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a whole,without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner,the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS & 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 tie is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as lie is for the acts and omissions or persons directly employed by him, Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever, GP-9 OTHER CONTRACTS ' The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. rHis failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, In ' order to secure the completion of the various portions of the work in general harmony. March 31,2003 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 rn 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; final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 SCONE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which is necessary to a clear understanding of the work, or should It appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN e Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions, elevations and quantities shown on the plans, and schedules ' given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omission in plans, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work. The Contractor will not be allowed to take ' advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. March 31,2003 GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to robserve the work performed under this Contract, to the end that said work is performed, in substantial �! accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed,when the same are consistent with the obligations of this contract and the specifications therefor, provided,however,that should the Contractor object to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided,and work not so constructed shall be removed and made good by the Contractor at his own expense, and free 1 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. 1 The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer, and the Contractor will be liable for any deviation ' except on such written order. All condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fall or refuse to comply wit!)instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents, the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the ' Contract Documents, the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer,and shall furnish any information required concerning the nature or source of any material which he proposes to use. March 31,2003 GP-14 LINES AND GRADES The Department of Transportation will set construction stakes establishing lines, scopes, and continuous profile grade in road work, and center-line and bench marks for cufvert 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 Transportation riot less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged, lost, displaced, or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work, Any work done without being properly located and established by base lines, offset stakes, branch 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 he defective in design or manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE.AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen,and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily ' the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed, the Police Department, Fire Department, and Ambulance Sewices 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 Transportation. All detour signing shall conform March 31,2003 to the "Manual on Uniform Traffic Control Devices" Throughout the project, wherever hornes are served directly f rain a street or portion of a street which is to be reconstructed under this project, the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs, Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the minirnurn obstruction and inconvenience to the traveling public. All barricades,signs,lights and other protective devices shall be installed and maintainer!in conformity with applicable statutory requirements,and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information, The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contra,,tor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners, and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains,which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY ' The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground,along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs, warning ' March 31,2003 lights and guards as required to provide adequate protection or persons aind 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:jccount 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(luring 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 rnaterials or poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees,or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. O GP-25 USE F COMPL ETED PORTIONS If desired by the City, portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall riot 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 rnake 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 rMarch 31,2003 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 riot 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 or)an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase, delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump 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. March 31,2003 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 resurned by the Contractor within ten(10)days after the date fixed in the written notice from the Owner,to the Contractor to do so w 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 rernedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors,or if a receiver should be appointed on account of his insolvency,or if he should persistently or repeatedly refuse or should fail,except in cases forwhich extension of time is provided, to supply enough properly skilled workmen or proper materials,or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor five(5)days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such case, no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for 1 additional managerial and administrative services, such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon five (5) days written notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, of from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen,which may be encountered in the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and expense. 1 March 31,2003 GP-32 SUNDAYS 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 OMITTED GP-35 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case, all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-36 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their ' agents,or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract, the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-37 CHANGE ORDER Any changes or additions to the scope of work shall be through a written order frorn the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-38 CONTRACT TIME ' The time for the completion of the work is specified and it is an essential part of the contract, The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer, ' If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six(6) Fours 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. March 31, 2003 t 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-39 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he Is unable to work due to causes beyond his control, he shall state his reasons in writing, furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-40 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections,a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract, and will be deducted from any money due the Contractor under the contract, and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of. it after the expiration of the specified time,or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of its rights under the contract. GP-41 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT Contractorwill be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the items listed In the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of Incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. ' (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall Include the costs of all labor, materials, tools,and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City 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 March 31,2003 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 Transportation a Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-42 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-43 CERTIFICATIONS GP-43.1 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'Transportation at least 24 hours before the product is to be used on the project. GP-43.2 The City, at its option, may perform or have performed such tests as may he deemed necessary to further assure that only specified materials are incorporated into the work. GP-44 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-45 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000, the City shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal. Every contract for public works construction or maintenance in excess of $5,000 shall contain a provision requesting the contractor to use American ' products in the performance of the contract. GP46 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 E=nterprise 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. March 31,2003 GP47 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, Transportation Department, 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. GP48 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 Transportation contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Transportation Director of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty (30) days and intends to become or remain a Missouri resident. GP49 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 • March 31,2003 r SPECIAL. PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications, SPA ADVANCE NOTICE The Department of Transportation shall be notified at least forty-eight (48) hours in advance of the start of construction. Coordination for street paving will be primarily through the Street Division of the Transportation Department. SP-2 SEQUENCE OF OP ERATION rThe milling, crack sealing, reflective crack control and overlay operations will be sequenced to minimize the inconvenience to the traveling public. the contractor will not be permitted to place any final surface course until the base widening, the leveling course and the binder course have r been completed throughout the entire combination of sections, unless otherwise authorized by the Department of Transportation. The proper condition of the base widening, the level course, and the binder course at the time of placing the surface course, shall be the Contractor's responsibility. _SP-3 SURFACED APPROACHES At locations designated in the contract or as directed by the Department of Transportation, approaches are to be primed in accordance with the specifications and surfaced with asphaltic concrete. Approaches shall not be surfaced until the surface course adjacent to the entrance is completed. No direct payment will be made for any work required to condition and prepare the subgrade on the approaches. SP-4 PAVEMENT REPAIRS A blow-up will be considered to be that area where excessive expansion has resulted in distress to the existing pavement. Blow-ups occurring prior to the application of the tack coat on the existing surface will be repaired by the City of Jefferson. Blow-ups occurring after the application of the tack coat shall be repaired by the Contractor. SP-5 SURFACE PREPARATION The City of Jefferson shall be responsible for the preparation of streets, roadways, and other areas listed in the paving schedule, including removal and replacement of any soft spots with materials compatible with the pavement type encountered. 1 1 March 31,2003 1 SP-6 JOINT PREPARATION The contractor shall be responsible for the preparation of, including cleaning, filling, or other repairs to transverse and longitudinal joints, or to any random cracks that is required priorto the installation of a Paving Joint Reflective Crack Control System. This required joint preparation shall be considered as part of the work required in the installation of the Reflective Crack Control System. The cost for this preparation shall be included in the unit price for the installation of the Reflective Crack Control System. SP-7 SWEEPING The contractor shall be responsible for sweeping after the milling operation and the City of Jefferson shall be responsible for sweeping prior to tack coat application and overlay operations. SP-8 TRAFFIC CONTROL The streets under this project shall be kept open to traffic at all times unless permission is obtained from the engineer to close said streets. All necessary flagmen, barricades, warning signs, and cones shall be provided by the contractor in accordance with the MUTCD, and no additional compensation will be allowed. SP-9 TRACK TYPE PAVING EQUIPMENT The Department of Transportation reserves the right to require a track type paver should it deem it necessary. SP-10 DISPOSAL OF MILLINGS The City will supply a number of dump trucks and qualified drivers to accept the asphalt cuttings for all work done in the City of Jefferson. The contractor shall load cuttings onto the dump trucks provided. All materials removed by the planing machine will be the property of the City. rThe contractor may be required to supply additional dump trucks and qualified drivers. If such work is required it shall be paid for at the unit price bid. SP-11 PURCHASE OF ASPHALT MILLINGS FROM CITY OF JEFFERSON The City of Jefferson intends to keep for its own use approximately 4,000 tons of the asphalt millings obtained during the milling operation. 'The purchase of the remaining estimated tonnage of millings is included as a bid item in the proposal. Asphalt millings will be bid per ton delivered dumping site. The bidder must have a suitable scale available at or on route to the dumping site. Materials may be hauled as they are milled from the pavement, and the bidder must be prepared to take delivery at that time. Should the bidder desire delivery outside the city limits, additional arrangements must be made. Any costs incurred by the city over and above the costs of delivery inside the city limits must be reimbursed by the purchaser. March 31 2003 r SP-12 COOPERATIVE PROCUREMENT The City of Jefferson has entered into cooperative purchasing agreements with the County of Cole and the Jefferson City Housing Authority, The Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or services under this bid or resulting agreement period at the same prices, terms and conditions stated herein. It is understood and agreed that each participating political subdivision will make its own separate contract with the successful bidder,that each participating political subdivision shall only be liable to the successful for materials or supplies contracted for by such political subdivision, and each successful bidder shall be required to bill each participating political subdivision directly for the materials or supplies purchased. In the event of any dispute between a political subdivision and a successful bidder arising after a contract of purchase has been executed, such dispute shall be handled by and between the particular political subdivision affected and the contractor. rSP-13 CERTIFICATION OF BITUMINOUS MIXING PLANT The bituminous mixing plant used in the production of the bituminous paving materials to be utilized for this project shall meet the specifications in Section 404 of the latest edition of the "Missouri Standard Specifications for Highway Construction". Only plants that have been certified to produce paving materials for the use in MoDOT projects or projects requiring the same type of certifications may be used. The City will require documentation or calibration of the mixing plant. rEND OF SPECIAL PROVISIONS r 1 1 1 1 r March 31, 2003 r 1 t TECHNICAL SPECIFICATIONS TS-1 Plans There are no drawn plans for this work. The work is to be located on streets and alleys as designated in the Schedule of Quantities, except for the areas designated as Parking Lot Nos. 8, 10, 11, 13, 14, 15, 16, 22 and 24 as shown in the attachments included with these bid documents (see attachment). The areas and quantities given in the Schedule of Quantities are estimates only and may be increased or decreased as directed by the Department of Transportation. The areas given in the Schedule of Quantities as "Milling Area" do not in all cases include all of the street areas between limits given, but represent an estimated square yards of area within those limits that are to be planed. TS-2 Working Time Limitation Due to the high volume of vehicular traffic on certain routes included in this project, work shall cease at 4:00 p.m. unless specifically waived by the Department of Transportation, TS-3 Cold Milling Requirements TS-3.1 Planing Machine Equipment The planing machine to be used int his contract shall be designed and built for cold planing work, shall be self-propelled and shall have a means of planing or milling the old pavement surface. A dust suppression system must be part of the equipment. The drum patterns shall permit a grooved or smooth surface finish as selected by the Department of Transportation. The drum shall be totally enclosed to prevent discharge of any loosened material on adjacent work areas. Maximum width of the planing machine will not be restricted. A minimum of 42 inches is preferred. Smaller machines may be used for auxiliary purposes only. The planing equipment shall provide for pick-up of cuttings and elevating into dump trucks all in a single operation. Use of front end loaders as the primary means of pick-up will not be construed as a single operation nor will side loading of dump trucks be permitted. The cold planing machine shall have adequate power to force the cutting edge(s) of the drum teeth to the desired depth below the surface of the paverent without causing undue irregularities in the surface of the planed pavement. The planer shall be so designed and constructed that it is capable of cutting flush to all curbs, inlets, manholes, or other similar obstruction within the paved area. Drum lacing patterns shall permit a smooth surface finish after planing with groove spacing not to exceed one (1) inch unless otherwise approved by the Department of Transportation. The planing machine shall be equipped with a flashing yellow light visible from 360 degrees. The light shall be mounted near the rear of the machine and shall be used whenever the machine is being used or moved upon the City streets. ' TS-3.2 Methods of Operation The nature and condition of the cold planing equipment and the manner of performance of the work shall be such that the finished planed surface of the pavement is not torn, gouged, shoved, broken, oil coated or otherwise injured by the planing operation. March 31,2003 The cold milling generally consists of milling off the surface to a depth of 2". It is anticipated that on some areas the cold milling depth will be greater than the typical 2" tn maintain a good profile and drainage, Additionally, where brick is the underlying material, it will be necessary to mill to the top of the bricks or to sound asphalt. Any unsound material remaining on the bricks after milling shall be removed at the contractor's expense. In the event two (2) machines are used, they will be run in tandem so as to occupy only one lane. Planing work shall be limited to a maximum of one lane, 500 running foot length of operation. This running distance shall be from the planing machine to the last operated piece of equipment in said lane or where circumstances warrant, the operating distance may be Increased with the approval of the Department of Transportation. TS-3.2.1 Intersecting Streets: The contractor shall plane through intersections unless directed otherwise by the Department of Transportation. Work on cross street intersection areas outside the through traveled way will be required in certain areas. TS-3.2.2 Portland Cement Concrete Pavements: Unless otherwise directed, concrete pavements shall be edge-milled approximately six (6) feet. The milling operation shall commence at a distance of two (2) feet from the face of the curb or at the gutter lip. The depth of cut at the limit of the milling nearest the curb shall be a minimum of two (2) inches and should taper to the existing pavement surface approximately eight (8) feet from the face of the curb. The finished product should present the appearance of a concrete gutter pan of a uniform width of two (2) feet in width from the face of the curb. TS-3.2.3 Transporting Equipment: All equipment used by the Contractor having metal tracks shall not be driven over streets other than those streets being planed. Such equipment must be transported. TS-3.2.4 Tolerances: In all areas designated, sufficient passes or cuts shall be made such that all irregularities or high spots are eliminated to the satisfaction of the Department of Transportation. The planing operation shall provide a smooth profile and cross section that does not require a leveling course prior to the overlaying operation. The maximum tolerance in a longitudinal direction 1 shall be '/z' under a ten (10) foot straight edge and shall be 3/8" under an eight (8) foot straight edge in a transverse direction. r March 31,2003 t. TS••3.3 Utility Manholes, Valve Boxes, Curbs and Surface Accessories The contractor shall use a small cold milling machine capable of milling around manholes and valve boxes. Cold milling around valve boxes and manholes shall be performed immediately after cold milling a lane width and before that part of a lane is reopened to traffic. Bituminous hot mix shall be placed around valve boxes and manholes for a width of three (3) feet, raked to.a feather edge and compacted. The contractor shall be held responsible for protecting all utilities and in the event he damages any of them, they shall be replaced by the contractor at his own expense. TS-4 Area Reflective Crack Control Treatment This work shall consist of furnishing all materials, equipment, labor, and performing all operations for installing Area Reflective Crack Control Treatment. Area Reflective Crack Control Treatment shall be Reflective Crack Control System A (Petromat or approved equal). The surface on which Reflective Crack Control System A is to be installed shall be clean and dry. All cracks, spalls, potholes or other depressions shall be sealed with an approved crack sealer or filled with mixture for cracks, joints and flange ways to the satisfaction of the engineer before any crack control system is installed. Bituminous surface course mixtures placed on top of any Reflective Crack Control System shall be placed at a maximum temperature of 300 degrees F. All other preparation, transportation, placing and compaction of bituminous mixtures shall be done in conformance with the Technical Specifications. TS-4.1 Reflective Crack Control System A- Materials The reinforcing fabric shall be non-woven polypropylene or other approved plastic fabric having the following properties: a) Minimum Weight (ASTM D 1910), 3.60 oz./sq. yd., b) Minimum Grab Strength (ASTM D 1682), 90.0 lbs., c) Minimum Elongation at Break (ASTM D1682), 55.0%, and d) Minimum Asphalt Retention, 0.20 gal./sq. yd. The asphalt binder shall be 85/100 penptration asphalt cement meeting the requirements of j� Section 1015.5 of the Missouri Standard Specification for Highway Construction. ® TS-4.2 Equipment Mechanical lay down equipment shall be capable of handling full rolls of fabric and shall be capable of laying the fabric smoothly without excessive wrinkles and/or folds. ' Stiff brush brooms to smooth the fabric and scissors to cut the fabric shall be provided. TS-4.3 Installation The area to be covered with fabric shall be sprayed uniformly with asphalt binder at a rate of 0.25 to 0.30 gallons per square yard as directed by the engineer. Binder application shall be accomplished with a pressure distributor for all surfaces except. Where the distributor does not have room to operate, hand spraying will be allowed. The width of the spray application shall be no more than 6" wider than the fabric and no less than the fabric width plus 2". The binder shall not be applied at a temperature greater than 325 degrees F to avoid darnage to the fabric. After the binder has been sprayed, the fabric shall be unrolled or hand placed onto the binder without delay. Every effort must be made to lay the fabric as smoothly as possible to avoid wrinkles. In no case shall wrinkles large enough to cause laps of the fabric be March 31, 2003 permitted. Such wrinkles shall be cut and laid out flat. The fabric shall be broomed or squeegeed to remove air bubbles and make complete contact with the road surface. The fabric shall overlap the adjacent fabric panel a rninirnum of 2". Additional binder shall be applied to make the joints where overlap is greater than 2". This shall be a hand application. The transverse joins shall be made in such a manner to avoid pickup by the paver. The direction of paving shall be in the direction of fabric placement. When the contractor re-opens the pavement after applying the fabric and prior to resurfacing, he shall apply prime coat aggregate to the surface when and in the quantity requested by the engineer. In addition, the contractor will be held responsible for any and all damage to the fabric by traffic. The contractor will repair the fabric in accordance with the specifications at his own expense. TS-4.4 pgyment Basis of payment: This work shall be paid for at the contract unit price per square yard for Area Reflective Crack Control Treatment installed in place. The unit price shall inclr.rde the cost of furnishing and applying any required bituminous material (prime coat), prime coat aggregate, and any mixture for filling cracks, joints and flange ways. TS-5 Paving ,Joint Reflective Crack Control Treatment: This work shall consist of furnishing all materials, equipment, labor, and performing all operations for the installation of paving joint treatment system similar to or equal to PavePrep or PavePrep SA as manufactured/distributed by CONTECH Construction Products Inc. The stress relieving membrane material that is furnished may be of the self adhesive type or of the type that requires a separate asphaltic tack coat for adhesion. TS-5.1 Area of Application; The joint treatment system shall be applied to all transverse and longitudinal control joints, as well as any random cracks that may have developed in portland cement concrete pavements that are to be resurfaced by the application of an asphaltic concrete overlay. TS-5.2 Surface and Joint Preparation: The surface upon which the system will be placed shall be free of dirt, water, and vegetation. .Surface cracks or joints 3/4" wide or less need not be cleaned or filled. Surface cracks or joints and other distressed areas greater than 3/4" but less than 2" wide shall be cleaned and ■ filled with an approved crack filler or hot-mix asphalt (maximum 3/8" aggregate size) ® compacted to the existing surface elevation. Cracks or joints and other distressed areas greater than 2" wide shall be cleaned and filled with hot-mix asphalt (maximum 3/8" aggregate size) compacted to the existing elevation. Cracks and/or joints with vertical elevation differences greater than 1/2" shall be wedged with compacted hot-mix asphalt to level the distressed area. TS-5.3 Application of Joint Treatment Material: The joint material shall be applied in strict adherence to the recommendation of the ' manufacturer of the material chosen to be furnished. During the application of the joint treatment system, a representative of the manufacturer shall be present to provide technical assistance and on-site instruction as to the correct methods of installation. ' March 31,2003 1 TS-5.4 Width of Joint Treatment Material: . The joint material shall be provided in widths such that the edge of the material extends a minimurn of 9 inches beyond the joint or crack. The minimum width of material shall be 21 Inches. TS-5.5 Asphalt Overlav Over Joint Treatment Material: The minimum compacted depth of asphalt overlay shall be two (2) inches. The contractor shall test roll the overlay to establish the rolling pattern that produces the required densities and an acceptable ride quality over the applied joint treatment material. The rolling operation shall be established so that shadows of the joint material do not appear on the surface of the newly applied overlay. TS-5.6 Pa rnent Payment shall be based on the unit price per square yard and shall include the furnishing of all material, equipment, and labor to prepare and clean the surface and joints and installing the joint treatment system as recommended by the manufacturer. The contractor shall indicate with the submittal of his bid proposal the product which tie proposes to use. ® TS-6 Depth of Overlay 1� The depth of overlay shall be within 114 inch of that specified. The City will try to minimize thickness to achieve maximum utilization of available funds. TS-7 Asphaltic Concrete TS-7.1 General: This work shall consist of the construction of asphaltic concrete base, and surface course as shown on the plans and specified herein. TS-7.2 Standard Specifications: All work of this section shall be in accordance with the referenced portions of the latest edition of the "Missouri Standard Specifications for Highway Construction" as published by the Missouri State Highway and Transportation Commission, except as modified here. TS-7.3 Asphaltic; Concrete Base: TS-7.3.1 Subgrade: Subgrade shall be prepared as specified in Sect. TS-2 of the City of Jefferson Standard Technical Specifications. TS-7.3.2 Materials: ' Materials shall conform to Standard Specifications Sec. 301.2. TS-7.3.3 Mixture: The mix shall conform to the requirements of Sec. 301.3 Asphalt cement content shall be in the range of 3 to 6 percent. March 31,2003 Marshal Properties Stability 1200 Min. Flow 8 to 6 TS-7.3.3.1 Section 301.3.2 shall be changed to read as follows: (prior to preparing any of the mixture on the project, the Contractor shall obtain, in the ® presence of the Engineer, representative samples of asphaltic cement and mineral ®1 aggregates for tests. The samples of material shall be of the size designated by the Engineer and shall be submitted to an approved laboratory for testing. The Contractor shall also submit for the Engineer's approval, a job-mix formula for each mixture to be supplied for the project. No mixture will be accepted for use until the job-mix formula for the project is approved by the Engineer. The job-mix formula shall be within the master range specified for the particular type of asphaltic concrete, and shall include the type and sources of all materials, the gradations of the aggregates, the relative quantity of each ingredient, and shall state a definite percentage for each sieve fraction of aggregate and for asphaltic cement. No job-mix formula sill be approved which does not permit, within the limits of the master range, the full tolerances specified for asphalt cement and for material passing the No. 200 sieve. The job-mix formula approved for each mixture shall be in effect until modified in writing by the Engineer. When satisfactory results or other conditions make it necessary, or should a source of material be changed, a new job-mix formula may be required. The Engineer may make adjustments in ' the job-mix formula in order that the mixture meets established criteria of the Marshall mix design. The maximum time a job-mix will be used will be two (2) construction seasons. TS-7.3.3.2 Omit Section 301.3.6, 301.3.7, 301.3.7.1, and 301.4. TS-7.3.3.3 Commercial Mixture: A commercial mix may be used if approved by the Engineer. To request approval of a commercial mix, the Contractor shall submit to the Engineer the proposed mix proportions, sources of materials, Marshall properties, and a list of projects on which it has been used. TS-7.3.4 Construction Requirements: TS-7.3.4.1 Weather Limitations: Bituminous mixtures shall not be placed (1) when either the air temperature of the temperature of the surface on which the mixture is to be placed is below 40 degrees F. (except that base courses 3 inches or more in thickness may be placed when the air temperature is 35 degrees F.) (2) on any wet or frozen surface, or (3) when weather conditions prevent the proper handling or finishing of the mixture. Mixture shall not be placed during inclement weather. TS-7.3.4.2 Asphalt Plant: ' The asphalt plant or plants shall meet the requirements or Standard Specifications Sec. 301.6. Plant calibration shall be the sole responsibility of the Contractor. ' TS-7.3.4.3 Preparation of the Mixture: Preparation of the mixture shall be in accordance with applicable portions of Standard Specifications Section 404.6.2.1 through 404.6.3. Transportation of the mixture shall conform to Standard Specifications Sec. 301.8. An March 31,2003 TS-7,4.1 Materials. Material shall conform to the applicable sections of Standard Specifications for Highway Construction, Section 401, 403, and TS-7,3.3.1 for Grade "C", Grade "D" and Type "C" except as modified hereto. TS-7.42.1 Gradation: MAX DESIRED MAX DESIRED GRADATION LIMIT GRADATION LIMIT GRADATION PASSING GRADE C GRADE C GRADED GRADE D 3/4"sieve 100 100 100 100 %" 80-100 88 95-100 100 No.4 40-65 52 60-90 70 No. 10 30-55 40 35-65 45 No. 40 8-25 18 10-30 20 No. 200 4-12 8 4-12 8 NOTE: The gradations of the aggregates will be determined from samples taken from the hot bins. "Type C" Pass 3/4-inch sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100% Pass 3/4-inch sieve, retained on'/-inch sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0- 3% Pass'/-inch sieve, retained on 3/8-inch sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0- 25% Pass No.4 sieve, retained on No. 10 sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-45% Pass No. 10 sieve, retained on No. 40 sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-20% ! Pass No.40 sieve, retained on No. 80 sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5- 20% Pass No.80 sieve, retained on No. 200 sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3- 18% Pass No. 200 sieve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4- 10% Asphalt Cement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.5- 7% TS-7.4.2.2 Aggregate for Asphaltic Concrete: Shall conform to the applicable sections of the Standard Specifications for Highway construction with the additional requirement that supplier shall crush and stockpile 50% of the needed approved aggregates prior to placement of any asphaltic base or pavement. TS-7.4.3 Construction Requirements: Construction requirements shall be specified in TS-7.3.4 as amended herein. TS-7.4.3.1 Weather Limitations: Weather limitations shall be as specified in TS-7.3.4.1 except that no asphaltic concrete shall be placed when the temperature of the air or the surface on which the asphalt will be placed is less than 40 degrees F. TS-7.4.3.2 Spreading: Spreading of the mixture shall be in accordance with Sections TS-7.3.4.4 except that automatic screed control shall not be used on the surface source unless directed by the Engineer. • March 31,2003 Page 1 of 2 Addendu►ri W Attachment #3 I� u 01 III N U U N U c U p: U 01 n N 01 y U U U y U U N N a U W PI T OI P1 OI rn 01 PI m Ol ql OI Ol Ol [71 OI al Pl T Ol bl 01 T OI 01 ro tl v v v v v v v v v v v v v v t, v ro v ro n v v v v v D v 13 p lu W 111 w Ili 111 LLl w ku w lLl uJ W UJ W W 'Li Ili ul W w W w w W l.0 Ul W W 41 LL O U O O O L O z O n - 1p Un. w If! lO O. 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J) V• .N.. m N M IN N Jl O� M h 10 N V O 1D 'n Oc OI 1O V h O lT O h rn Al C)\ M M cD •O O FO O rh N O 1D lD O A (n M J) J) N In O O ,Q. 10 N DI m R1 7 N M In .•1 N Iw tD N N �+ N M •-1 v V Ill .r CJ N N V Ill P1 u °c — — — — N T Z D u� In ul M to r. M D N rn N ul V• M P, In In o 0 o h D. M N In v In Ill m a O f` Or O W m c0 O Ul N Ul 10 m r O 1_ K Ilt o 1D N� Ul 11 1D tD .O 10 10 1D 10 111 n7 In rn 1n V• 10 ul uY/ 'a' V' P In V 1•/ N N N ... V V LO 1•••� V A7 V V' V m V' •l V V V' ►� 11• V• If7 M .D N � W N O O N N h h It1 pl ql 11 f' O .p O N t• v. V• N N h V- V• h. O N nl In .O 1D V• 10 N O N N v Ql u N In rn N N N N N N V M N N N N M m N M N IV M N N IV N N N N N M In In M LL LLJ R LL W �l -Y U u .Y c' •° Y Y iJ U .Y Al .0 -O c/ U U .l1 O " U x O ° U U O O n u U ll V V U z o S n .D q u oC a c o q •D .p 11 y u -4 cl .g o 3 .4 .P. -9 c vl n a i1 .M .V C i✓ ' — u p 4 Q ��' ; n 0 .�. r.: _ I" o E ti u •" Gtl o u u n « Z !.. h r N vE� yE tEry wE1 wEj vF! Q l! N tl x 't cl d tl tl q y rdn u i` o li n n ° Q v v ro 11 v v < EL 2 �` �' < w u}1 s < a < < < < < li V Addendum #1 Attachment #3 Page 2 of 2 rn' LL i �I F- lu Lu � w L E W W ug I- li s° tv u 0 1 "'. I�L S SKI in m 't 5?, ca O N N hl m '] fE, O�U vaa�• Itl h In m m �T K Ifl W (� 1• — D N !ti .O tD h m _.. 1,I._._ lH N .-� V' 1, CO m O M m nl N 1 p .r LU In uj U! u� In ul III In ^ill In _ ul q u'1 i_In �. s ° I• W > fy 8 >. T `� O 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 N N Iu U LAJ d U cj tb Z pp - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a Ch N Z pv t aa�� Or m �• pp ul 8 uo �, < N O N h 1Q to h � '` < O l"7 O N O N m N m m M N tr) i N a g y. M N N fmV O tND p� dJ N N 01 KN m M m N O� m m,., Y `t LT V' m �D m p ll! `a ;I rwa I(1 N N .2 N IV N N N p. N C�1�. n) CJ r E Ch Ir�}/,i rG V N N N V V• V �f O O 1- N H K1 Io OM f�'1 I'.1 N M N Ui i LL v 'may .c ; J C O N a u C `pl tl O 'IYl r Q h V �u a , i4 J � V) �r � � ti St ` �( •S �Lo, �s Kj ADDENDUM NUMBER 1 PROJECT #32074 2003 OVERLAY & MILLING PROGRAM April 17, 2003 1. The bidder will acknowledge receipt of this Addendum and his acceptance of its conditions by signing this Addendum and including it with his bid. BIDDE lk$p GL-L' CC) BY TITLE C©� �� "-e `ip C r CITY JEFFERSON MARTIN A. BROSE, P.E. DIRECTOR OF TRANSPORTATION ADDENDUM NUMBER 1 2003 OVERLAY & MILLING PROGRAiV1 PROJECT #32074 April 17, 2003 Addendum #1 TO: Prospective Bidders and Others Concerned The original plans, specifications, and contract documents remain in full force and effect except as revised by the following changes, ,which take precedence over any wording to the contrary in the contract documents. This addendum shall be attached to the bidder's proposal and contract documents and acknowledged on the proposal as having been received. Attachment #1, Changes Section 11 of the contract document, to change the Director of Public Works to Director of Transportation, This page replaces the appropriate page in the specifications. Attachment#2 &#3 Adjust the quantity of Reflective Crack Control, and remove Carousel and King Arthur from the Schedule of Quantities. Add Easy Street under Ultimate Paving Material and adjust the quantities on the Itemized Bid Form. Replace the Itemized Bid Form and the Item Bid Form in the specifications and bid packet (Attachment #2). Replace the Schedule of Quantities in the specifications with the attached (Attachment #3). Attachment#4, Minority Business Utilization Commitment. Attached is a new Minority ' Business Utilization Agreement" two(2) sheets to replace the "Minority Business Utilization Commitment" two(2)sheets. The new form replaces the Minority Business Utilization forms in the specifications and the Bid Packet changing the percent from 2% to 0 1/o. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No, 2071 Project 32074, 2003 Milling and Overlay Program Dept. of'fransportation, Opened on April '22, 2003 BIDS R.1,CEIVED: Jefferson Asphalt. Jefferson City, N1O `h 644,488.18 The advertisement for bids was published in the News "Tribune on April 6, 2003 and sent to eleven firms. flans and specifications were also submitted to three plan houses. FISCAL NOTH: 3502-9900-7350-403 1-32074-0301 Street Resurfacing 2002-2003 13u(Igct 600,000.00 Expended -0- } ncunlbered -0- Bid 2071 644,498.18 Balance 44,488.18) As Indicated in the attached recommendation. one street in the project will be removed to stay within the budgeted amount. PAST PI RFORMANCH: .1effcrson Asphalt has received the award fi)r this project in the past and Ilas performed satisfactorily. Stalfbelicves the bidder will complete this project as specified and bid. RECOMMENDATION: It is the recommendation of*stafTto wmird this bid to Jefferson Asphalt, Jel'Icrson City. Missouri in the amount not to exceed ` 600,000.00. It is also recommended that the unit prices for products to be obtained at the plant by the City on an as needed leases be accepted. ATTACHMENTS - SUPPORTING I)OCUMI?N`I'ATION Tabulation of Bids, Departmental RCCOnlnlendiitiOil I Signature 1 -". ,1�L'L — Jam` :.G 6c• .iA Purc�g "cnt I)irec )r, Department of'fransportation Memorandum _ Departnent of Transportation • 320 East McCarty Street• Jefferson City, Missouri To: Terry Stephenson, Purchasing Agent p From: Martin A. Brose, Director of 'transportationJ�"I� Re: Bid #2071 - 2003 Milling & overlay Program Project #32074 Date: April 28, 2003 Bids for the above referenced projectwere received and opened at 1 :30 p.m. on Tuesday, April 22, 2003. A listing of streets, alleys, and other facilities to be paved is attached. Please be advised that the Department of Transportation recommends the acceptance of the bid submitted by Jefferson Asphalt Company of Jefferson City, Missouri. The bid amount of $644,488.18 is above the City's budget of $600,000. Therefore it is recoiYHmended that Merlin Drive be removed from the list of streets to be overlaid and that the contract amount not to exceed $600,000. It is also recommended to accept the unit prices in the bid proposals as submitted by Jefferson Asphalt for materials that can be obtained at the plant by City forces. Expenses for this project will be charged to the following accounts: Account # Amount Available Amount Required 3502-9900-7350-4031-32074-0301 $600,000 $600,000 Id c: Rich Mays, City Administrator Louis Alber, Interim Street Division Director Phyllis Gilpin, Finance Central File C.\W PDOCSMAU\FIMNCE\4003\axr tay.mem.wpd 04-20-0-71102 : 5!{ R VD Page, I of 2 Attachment #3 5 III Jlwl j N l.w U, LU W UJ w LLI Ill t IU IU IU W 11.t U W (1) IIJ Ti UI VI I W W I. U, IU IU (11 LU I IAJ lu w IL) I 0 p p a 0 0 0 U V I 0 fp a U- (10 11 1 IL. Ito 11 tl tL U- 1- L 1" 1- L A. L I-, tL. '1) •0 -C, '11 •n n •o � � `ol Ch •1) t'. 'o r" •0 f, Ch �r In m ...........-.- --i- ... ---.- ----- -- -- f, "0 m .0 111 in In CA M 'D 0 10 M .;it)1n N (71 EY, C, 'T In 03 (\j N LO in 41, n f3 13 1-') Oin 1) n I,) Ir3 17'n n110 f) n 11) ki ri e) n C) 0 n n go n An 1 43 -C U) 111 141 It! irl In In 141 -P Iq 0 ul Lq Iq Iq In In kq tc! x r In ul Iq f! III ul f if! III III Lq Ul In in ri UJI I i r-j I 0 C2 0 f.") 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