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BILL NO. 2002•48 SPONSORED BY COUNCILMEN Olsen and_Vies sman �y ORDINANCE NO._ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KEN KAUFFMAN & SONS EXCAVATING, INC. FOR CHARLESTON PLACE SANITARY SEWER EXTENSION, PROJECT NUMBER 31056. WHEREAS, Ken Kauffman & Sons Excavating, Inc. has become the apparent lowest and best bidder on the Charleston Place Sanitary Sewer Extension, Project Number 31056; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Ken Kauffman & Sons Excavating, Inc. is declared to be the lowest and best bid on the Charleston Place Sanitary Sewer Extension, Project Number 31056, and is hereby accepted. ® Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Ken Kauffman & Sons Excavating, Inc. for Charleston Place Sanitary Sewer Extension, Project Number 31056. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4, This Ordinance shall be in full force and effect from and after the date of its passage and approval, Passed: �' Approved: �Z Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: f ;l� 1. (YL+....• �/ rJ- .`�✓1� __ ___ y Cityy Clerk' �� Cify CoUmselor A Thomas P. Rcackcrs pit �o f Jefferson _ Mayor Department of Community Development �, ,� Patrick E. Sullivan, P.E., Director 320 East McCarty Street Phone: (573)6346410 Jefferson City, MO 65101 ' Fax. (573)634.6457 leis ' .lulu 30. 2002 Ken KatiII'm n & Sans FAcavating 5401 Old Lohman Rd .IclTerson City MO 65109 RF: Charleston Place Sanitary Sewer Extension Bid Identification No. 2025 - (Proicct No. 31056) Enclosed please find three (3) copies ol'the contract for the above relcrenced proiccl. Please execute the contracts and return them by 5:00 p.nl. Monday. August 5, 2002,along with the Perlorniance and Payment Bond(s), Certificate of Insurance and Owner's and Contractor's Protective Liability Policy Binder. The Certificate ol'Insurance must he issued by the company a1,116rdingcoverage. Certilication from a local agent is not aeceptable without necessary documentation cnlpowcrinl,and authori-ring the rlgcnt to sign the surety's name. Ili addition, Wall aggregate alllotlllt IS specified,a statement of the anloilllt of the aggregate ilVai1ahle to date must also be included. The ordinance authorizing the contract will be introduced al the August 5, 2002,City Council Mecting and should be approved by the Council at that satllc meeting. Once the contact is approved and signed list (lie ® Mayor and Cfty Clerk, the Department of Conlmtnlity Development will issue a Notice to Proceed on the project. You must submit the above documents ill correct 1i61-111 below you begin work, Should you require additional inl,6rnlation,please contact nle at the Department olVonnrlunity Development at (573) 634-6153. Sincerely, Mat( Morasch, IT., Engineering Design Supervisor M M:111111 E'1ICIOSUPCS (3 specifications) cc Thyllis Powell I'rtt Sulli"'an Jack Kramer Central file ( r J i 1 ddt �'ds� yYiMibI�1�►►'r . i 1 1 i s SPECIFICATIONS AND CONTRACT DOCUMENTS 1 E PROJECT NO. 31056 1 Charleston Place Sanitary Sewer Extension A � 1 'I 1 � 1CK 1 � 96 1,f� Ni�'aFESSIO`�1 1 1 1 Jefferson City Department of Community Development ' July 2002 1 F:iangineer(nglWPOOCS\PROJECT%2002 ProjectsiCharleston Place Sanitary Sewer Uension,wpd June 27, 2002 TABLE OF CONTENTS • Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form * • Bid Bond * • Anti-COIIUSIon Statement • Contractor's Affidavit • Minority Business Enterprise Statement • Minority Business Utilization Agreement • Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law ' 0 Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond . • General Provisions • Special Provisions ' • Attachments • Addendums ( If Any ) (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) F:%englneering\WPDOCS\PROJECT12002 Projects\Charleston Place Sanitary Sewer Extenslon,wpd June 27,2002 • w, �a r *g Thomas A Backers IC hly ®,f Jefferson � Mayor ._,5 ® ADVERTISEMENT FOR BIDS ■ Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 p.m., on Tuesday, July 23, 2002. 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. 31056, Charleston Place Sanitary Sewer Extension" will include the furnishing of all material, labor, and equipment to construct 1840 Linear feet of 8" PVC gravity sanitary sewer from Station 0+00 to 9+19.14 and '11+39.32 to 20.1.60.27, Line F, P.S. 482. Construction shall include clearing, grading, excavation, pipe placement, road patching and other miscellaneous work. ' A pre-bid conference will be held at 10:00 a.m., on Tuesday, July 16, 2002 in the Lower Level Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates restablished 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 ' r �l c�a Viv&_ Terry Step enson Purchasing Agent July 1,2002 NOTICE TO BIDDERS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 p.m. on Tuesday, July 23, 2002. 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. 31056, Charleston Place Sanitary Sewer Extension" will include the furnishing of all material, labor, and equipment to construct 1840 Linear feet of 8" PVC gravity sanitary sewer from Station 0+00 to 9+19.14 and 11+39.32 to 20+60.27, Line F, P.S. 482. Construction shall include clearing, grading, excavation, pipe placement, road patching and other miscellaneous work. A pre-bid conference will be held at 10:00 a.m., on Tuesday, July 16, 2002 in the Lower Level 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 Community Development, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for ® each set of plans and specifications. Individual full size sheets of the plans may be ■ obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein ' to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI ' Patrick E. Sullivan, PE Director of Community Development FACONTRACT DOCUMENTS131056-Charleston Place Sanitary Sewer Extension,wpd July 2,2002 INFORMATION FOR BIDDERS lB-1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all technical personnel, labor, materials, and equipment required to perform the work included in the project entitled "Project No. 31056, Charleston Place Sanitary Sewer Extension" in accordance with the plans and specifications on file with the Department of Public Works. The proposed work for this project will include the furnishing of all material, labor, and equipment to construct 1840 Linear feet of 8" PVC gravity sanitary sewer from Station 1 0+00 to 9+19.14 and 11+39.32 to 20+60.27, Line F, P.S. 482. Construction shall include clearing, grading, excavation, pipe placement, road patching and other miscellaneous work. IB-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. IB-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I8-4 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. 1 I13-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material ' or equipment, it is to be understood that any equivalent material or equipment may be used F:ICONTRACT DOCUMENTSQ1056-Charleston Place Sanitary Sewer Extension.wpd July 2,2002 t which will perform adequately the duties imposed by the general design, subject to the approval of the City, IB-6 BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. IB-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. ' Extensions of quantities and unit prices shall be carried out to the penny. I8-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. IB-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 este' ljshing final payment due the successful ' Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual F:\enginecringlWPDOCSIPROJECT 12002 ProjectslCharleston Place Sanitary Sewer Exlension.wpd June 27, 2002 number of units installed on the complete work. IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. I13-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 31056, Charleston Place Sanitary Sewer Extension". 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-16 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bands 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. F:\engineering\WPDOCS\PROJECT\2002 Projects\Charleslun Place Sanitary Sewer Extonsian.wpd June 27, 2002 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. I8-17 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, .,heir respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. 1 I13-19 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 F;\engineering\WPDOCS\PROJECT\2002 Projects\Charleston Place Sanitary Sewer Extensionmpd June 27,2002 replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake: with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or ' adjustments itself or order the work to be done: by a third party, the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED iA 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 rurl on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 30 working days. IB-25 j=LQUIDATED DAMAGES ' Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and ' effectively dated copy of their power of attorney. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. F:lengineo ring NPDOCSIPROJEC112002 Projocts\Charieston Place Sanitary Sewer Extension.wpd June 27,2002 Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted, If forwarded by mail, the sealed envelope containing the bid Must be enclosed in another envelope addressed as follows: Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the project manual, This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT END OF INFORMATION FOR BIDDERS t F:l engineering\WPDOCSIPROJECT\2002 Projocts\Charloston Place Sanitary Sewer Extension,wpd June 27,2002 B-1-DI.F.O.RM Name of C' Bidder Y11C ............ Address of Bidder o Y Y 1 U—� To CITY OF JEFFERSON 320 Fast McCirty Skeet JeffOrSOII City, MiSSOUli 65101 THE UNIDERSIGNE-D Bl[)[D(:-P\, having OXcifilined the JAEMS, SPO'CifiCafi(311S, 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, arid specified requirements for then proposed work; (c) tile 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 r-nay 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; (1)the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, Supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to Construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, arid 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: F:Wnglneerfng�WPDOCSTROJEC7\2002 ProjectskCharleston Place Sanitary Sower Extonslon,wpd Juno 27,2002 ITEM UNI T' NO, DESCRIPTION UNIT (QUANTITY PRICE AMOUNT 1 CLEARING AND REMOVAL_ LS 1 $ a Opp; 1 , ` .L_v__. r 5 v J� 2 8�� snNrrA17Y sr��NER I�IPr� IN r�LncL: 1_r 22EiU ���.,, .,, � 3 STANDARD MANHOLE (U-6') fn 10 4 STANDARD OUTSIDE DROP MANI I01_L: (0'-6') EA 3 $ (OUTSIOL Of?01'0�2') 5 ADDITIONAL DEPTH MANIAOL1-� (OVE=R C') VF' 16 $ �(�(�,�u�� $_�(, bQ. � G ADDITIONAL. DEPTH OUTSIDE DROP (OVI-R 2') V1= 6.5 $ 7 CONNECTION TO EXISTING MANI-101_E I=A 1 $ ao cV 35 U, "y s 35c), .� 1 8 CONCRETE ENCASEMENT Lf= 165 $ $,'�y, �.300 U� L1 UC' 9.1 TRENCH ROCK(BLASTED) CY 440 $ 9.2 TRENCH ROCK (MECHANICAL) CY 165 $ ���)� T $ 110 rj UD,� 10 SEEDING & MULCHING I.F-.C'r 1800 $ TOTAL [SASE BID $ , revised: 7/10/2002 JIX.�iC�-2C�L1 id:�.� tC CL'0�1hit.u�IT'r Ll(:t t_C�'t ITT :�73 A2W 64 F.05 ADDENDUM NO. 1 PROJECT NO. 3105E Chatdvcton Nlac4 Sanitary Sewer Extunsiarr July 98,7001 1. 1 he bigacr will acknowdc:dyu iec:eipt of (niS Adito)nrtum and hi:, arcripumm of lit wndiNans by signing this Addendum and including it with hi;,bid. 1ilDDt✓R wW_ TITLE:, �. �'_.� .._.._...__.....,__._._...._.... CITY OF,dFFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVE=LOPMENT 1 : ADDENDUM NO. 2 PROJECT NO, 31056 Charleston Place Sanitary Sewer Extension July 19, 2002 The biddor will acknowledge receipt of this Addendum and his u:cept,Ince nl its conditions by signing this Addendum and including it with his bid -} LAC KIDDER: E'n..1`Q. J,?_.1a1C�r� !1 _ �-..XGck.Oc,�..'� I ►1 R TITLE: M a Y% cc C r CITY OF JEFFERSON, MISSOURI PATRICK' E, SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT e e . v SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course Of VIC construction, he shall list them, TIME OF COMPLEPON The undersigned hereby agrees to complete the project within 30 working days, Subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other- persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is rnade without connection with any other person, company, or parties making a bid; and that it is in all respects fait, an(] in good faith, without COIIUSiOn or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, Should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date Of Such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which Such notice of acceptance may be mailed, telegraphed, or delivered: It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. r, Attached hereto is a Bid Bond for the sum of .5e, Y Dollars (cashier's check), make payable to the City of Jefferson. F:bngineadnglWPDOCSV3ROJECT\2002 ProjectsCharleston Place Sanitary Sewer Extenslonmpd June 27,2002 Signature of Bidder: If an individual,• _ , doing business as J ' If a partnership,l� r �C� 1 tmc�r ;��p�� �,xcc rlr� ! �- UC member of firm. ' ►�e.r vl e �� �/�/ YY,Ci.v YvN C"rulj e v" If by Title ■ SEAL Business Address of Bidder y O\ _ � e��erSOh �► sA YY\CQ �S tQ ) ' If Bidder is a corporation, supply the following information: State in which incorporated Name and Address of its: President Secretary — Date 1 1 F:\englneedng\WPDOCSWROJECT12002 ProjectsSCharleston Place sanitary Sewer Extenslon.wpd June 27,2002 07/1 H 12 M 02 1(1: 01' "1 WY 71,J HAIJ VAI 11 1 MAH F'AGf: N1 BID k3OND KNOW A L L M 1-1 N BY J*11 U S 17. P R FS L N I'S, that w 6, the Ken Ra u f f ril n S Principal, and_ Kt., 5r as Surety, are hereby hold and firmly bound Unto the ciTy OF iF.r.rERSON, MISSOURI , "S owner, 11*1 the: penal Sum of _for the piyryient of which, W811 alld truly to be inacie, we hereby jointly arid svvwally bind QUmHlvos, our heir!;, oxucutors, administratom, successu(s and assigns, th)523)-(] -day of ,July._ .* _. 20D,,.'--- The condition of the abovr- obligation i!� such that w1wroas tho Principal has submitted to the crry OF J177-FFERSON, MISMURI a certain Bid, ntlHchad hereto and hereby made a part hereof to enter Into a coriti a(A in writing, for tho project entitled: "Project No. 31056, Charleston Place Sanitary Sewer Extension" NOW, THF-REFORCz, (a) If said Did shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Prinripal shall execute and deliver a Contract in the Form of Contract attached horato (proporly completed in accordance with s@ld Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreoment created by the acceptance of said 1:31d, then this obligation shall be, void, offlorwise the same shall romain In force arid affect- it being expressly understood and agreed that the liability of the Surety for any and RII clalnis hereunder shall, In no event, exceed the penal arnount of this obligation as herein stated. The Surety,for value received, hereby stipulates and a.qi ces(lint the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid; arid said Surely does hereby waive notice of any such oxtension. IN wrl-NESS WHEREOr-, the Principal and the Surety I iave hereunto set their hands and seals, and such of them as are corporations have caused their corporale seals to be hereto affixed and these presents to be signed by their proper oftl r-S, (tie day and par t s t forth Above, --T aji5 I SE=AL Print AL XL SI-x--c!a1._t.y Insw.ance-go. By:. Christopher Coinvan Attorney-in-Fact 1-:%000)rKmrinukWPDC)CSPROJC-CM002 ProlecWcharle2ton Pluce Sanitary sewer Uen3lorimpd June 27,2002 I J'\11•t IA) PO\YI:I(OF A'I'FORNEY KNOW AI.I.MI-14 ItY I IIFSI.ITI1SI.N IS:'Ills(the NI MT('IA1.1)' INSill,ANC!• CONIPANV,.1 colp„r;,Urn oIr.uoted and existin)!by vutlie of Ills laµ:s of lllc SL-11c of Illinois("Company"or'Cwpolation"),thwe hereby nonunaw,consuulte and appoint, 1'111(1,ti', R(tn lit,Armes s A`. Cohmm, Chrlstopher C'olrrt nn, Ileltfl;L 1 iilke'r, hirr)'K. Ilueldle'.gou, Ktirl,S. ,Studer, ,Scott K. !lurithunt .l' Tww 1.. 11'olJ us onploYe es of Rut-uh m, (.'olnrnit, AfeAfurrot'& SquNY'S, Its title and I,mkil Athnne)fs)•In•lact to n1.tl.c,cterute,atIc.l,a(-.it mid lot and on Its hrholl,a.soul},and as its act and decd, µ•hat•required,any and ail hoods,under la l:nl)!%,n•co)!nv;ulfc',and«l itlrn obil)'allow,ni 1hr n,funr ll,rn•,i,,11w;u•na1'�uni of f!o,,nr o; `',loch a In any csrnl it- exceed S5,000,11U1 ml,, Stich hondn and undcf I'll,ia)",,Mwn do)y ctic,.ulrJ by III(';lli'r(••,ao!Att,-mv. !,) In I.i,I�h,,li I„•hrtn!m)•1;:II th •..0 1( nn1;,.i.; d- lull} ,u1,i tilt,•,;nnc Cmenl;c,It such bonds and undrflalonp',tst'fr vp.ncd by Ihr!'tcsidrot;old:;ct wl. •, of Ihr:( omp.on and .•,Ih-d %k11f,o•,•, tp„I.ltr A 'I his Po%�ei of Allonu•y i.(•ladled doll o,�If'ut•rl by I.1k,mille oodrl ;111,1 It,. Ihr ;nith,nLil of the I„1!,,.�Ito 1', .,d,1i„li,,d. l,i d h, dx It•,.od of I)nr,'tots of thr I'(,tnpany on the }In d.ly of [)CI C 1111 cf, I'r): "I(I.S()I.\'1 11, 1)I'll III(-Pic•.Idenl,01 ,illy VI,r Pic.Idc•nt of Ihr('ouq,.ur. „I any. prr,,m do l).n.�trd L•. an ,ill'of t1 rill I !,Irli, auIIi-,f W”I I0 csccutr I'o%kcIs of Mbimcy q'.Iahlymy file alt,anc;oalnrd In till'yINCn I'm%el of All.wict to csr:utr In hrhAl of 01,•('ou:p.ur..h„u,l,,uli•I, li.,)Iul',and all(olwacts of unelys!lip, and that an Secretary” it ally Asso,Iwit tirrct;uy of Ih.c COMp,uly hr,and that co.'h,n an';of Own,it,1.h. r.,n:li.,n is r•I t , Off-t the vkc,otion of wly such Power of Allnolcy,and to,ul.r.h lhrtrlo Il,r `w,ll of Ihr('o!np.,n', Ff W I HIT 141 til)l \'),I),'Ihaf the slpnatule,d such of i:(is and Ihr Sral of III(-I'oinl'.or'r oi.iv h,•,,Ilnr(1 to,Iw, ,tl,II I'„+,(I of \it,nncv of In any ccruh:alc relatlop.Ihclelo by fa,sonde,and am ',Hilt Pm%ci of Atiow,:y III ct-Illfi(;Itr hr;o Inn•surh l;l•. ,11111!.swIl,1!oOr,of Id. ,Hui;, ,r,d•.!,.ill hr Ih :'altrf valid and hindlnit upon Ihr('onipall” Nsllh tt"pel I to any hond,till,rl%4.nlp.of contt,lt t Of yLlw dop l,,�,.Io,11 a 1,,ill•n h•"I Iluuds executed undct fill,. I'owci of AI!nmcy may he cwt wvd under facsunllc srpoatow'a d %cA pw"I,.,u;I"Ito )„li,i,,In)'Pr. 11,uofi;idoptcd by the liomd of 1)ueclofs of the l'otupany III)August(1, '001 "I(I tiOL\11 l), 111,11 the st!tnaltnc of file hesidenl of'this(•onlp;Illy,and the sc,ll of Ihe.Cinnl,enj Inx, by elh\rd of pr,nir.t'-It any and all bonds,undetlakulls, lecogniianccs,or other wuUcn ohligauom ihcicol,on any of cuiy hr,; :r of Altotnr-_of on:111}':crU!r:a:r IcCiunp.thrl;:(o,by facsirlole,and any flower ' of Attomey,any lVVIX,111011 of any I'nwcr of Atlomcy,hoods,undcriahulgs.rcctO•nv;1114 r•,t.ef tllli Me of othi I ttitutcn ohhl'ation,bc;mn)!such Iacsitnlle signature or Glesimile seal shall he vnhd and bulling.upon Ills('rnpmtllion.” IN WITNESS\4HFRIJW,file NI SITCIAI'I Y INSI IVANCl C()IMPANY has ure,cd i(•,t otpowic.cal to he het:unto uflnco,and these plcscnt:,to be stgncd by its duly aulholized olliccls(his bfh day of August,11)O1. NI,SPL('1ALTY INSI IIt:\!SCL ('OMPANY H V: IT .y4.....UR.... .f d, SCAT,1; Attest. t, C Sl'.l'Iti'IAftY STATE 01i ILLINOIS COUNTY OF COOK ss. On this 6th.lay of August,2001,hei'me me personally came Nicholas M.Drown,Jr.to nlc I.nown,t:ho,bcnlp duly sµom,did dcposc and say:that he is President of the Company described in and which CxMIMI fhc aboVC instnnncnt;that he knows the Scat of said Conylany;lh;r(the,cal affxed to III(;alincsaid instnunenl is such cogiorale seal andµ:(s affixed lheleto by ordei and authority of the Board of Directors of said Company,and that lie executed the said insituflv;nt by like order and authority: OFFICIAL SEAL NANCY L 5TAII{GEL ;t, ,�x'x'$` ' NOTARY rttaliC 1f7AT[of ILlI'23 MV COH191'+610111JtrlR[G:OG•0i(•a3 NOTARY PUBLIC sum,OF ILLINOIS' COUNTY OF COOK ss. 1,ben M.'Uancta,Secretary of the M.S1'IiCIALTY INSURANCE COMPANY a corporation of the State of Illinois,do hereby certify that life above and foregoing is a i full,true and correct copy of Power of Attorney issued by said Company,and that I have compared same with the original and that it is a correct transcript therefrom 'atci'd:df the whole of Atc original and that the said Power of Altontcy is still in full(force and efIcct and has not beeli revoked. fir, 1i°r.( •. ' 'IT1.rVITNCS}S WI(�C/RHOlt,t have heretinto set my hand and affixed the seal of said Company,at fire City of Schaumburg,Oils_. 23rd ._day of G Pl!,t'&5.i�.},V, �~ .20 02 v'Frp 4y`1 .a .. � 1 n,a y5 (w• .1 �tttlty,� . ,y+r F"410 �+t`!y 1 , i� 1 r I 1 � ,y, , / y C�� � ,�� � t ,i' ,,.�'•"it 4 e, �. ,}r �l i� r r� r � � 1 ,{ i i� �I�r'� i, t f ,)�r�''. NbV'�::•7�•O i i`! ff'� i�t�„d + ,�'E(,t�.. , r. ANTI-COLLUSION STATEMENT STATE OF COUNTY O( C cl , beingfirst duly Sworn, deposes and says that he is of I ITI.-f--- OF J PERSON SIGNING Y-\ S D V-� 5, C 4-k o ck'A- NAME OF BIDDER -J that all statements rnade and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has riot, 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 intere ed in, or financial filiated with, any other bidder for the above project. (B (BY)_---- Sworn to before me this day of 200(2,i. MELANIE SNELLER NOTARY PUBLIC Notary Public-Notary S001 STATE OF MISSOU I County of Cole :�, My commission expires: My Commission E,<mres:-ff F:\engineedng\WPDOCSIPROJEC1 12002 ProjectsCharleston Place Sanitary Sewer Extenslon.wpd June 27,2002 CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an c-,-xecuted copy thereof shall accompany each Bid Submitted. STATE 01: Vy\ ss COUNTY OF C The undersigned, CV\ Vk e - of lawful age, being first duly sworn states LII)Orl oath that he is V-Y\Ck n o- of Q C- C 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 per-form SelViCC-S upon or as art of the proposed project. ' -__-,_�.-,-----% ..cam. ` � -- _ ._.,/ AFTfArf Subscribed and sworn to befor� n1e, a Notary Public, in and f the County and State I aforesaid, this . -)-3�aa y �.k /L 1 ' �- r NOTARY PUBLIC MELANIE SNELLER Notary Public-Notary Seal STATE OF MiSSOU I County of Cole My Commission Expires: My Commission E 008% F:\enginecring%WPDOCS\PROJECT\2002 Projects\Charieston Place Sanitary Sewer Extenslon.wpd June 27,2002 MINORITY BUSINESS ENTERPRISE STATEMENT Contractors bidding on City contracts shall take the following affirmative steps to assure that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items. 1 . Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid subrnissions. 2. Sufficient and reasonable efforts will be made to use qualified MBF-. 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 maximurn small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. F,\englneerrng\WPDOCSIPROJFCT12002 Projects\Charteston Place Sanitary Sewer Extension.wr)d June 27,2002 r MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least two (2) % of the contract, if awarded, for Minority Business Enterprise (MBE). For purposes of this goal, the term "Minority Business Enterprise" shall mean a business 1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific ' Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically r 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)]. r 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. 1 1 P:lengineering%WPDOCS\PROJECT12002 Projeds\Chadeston Place Sanftary Sewer Extenslon.wpd June 27,2002 1 B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value Of of Minority_Firms Particir)ation Participation Total Bid Amount: Total: Percentage of Minority Enterprise Participation:---G— 0/0 C. The bidder agrees to certify that the minority firm(s). engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services Should be provided to the MBE Coordinator at the time the bidder's contract''Is submitted to the MBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. \AJ VY\Ck n MWIC(�C Y' NAM F AUTHORI OF DATE f SIGNATURE OF'ALYTff6 ,154ZtD OFFICER F:\englneedng\WPDOCS\PROJECT12002 Projects\Charleston Place Sanitary Sewer Extenslon.wpd June 27,2002 AFFIDAVIT COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of State of _, personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 9, Section 026, Cole County in carrying out the contract and work in connection with Project No. 31056, Charleston Place Sanitary Sewer Extension located at Jefferson City in Cole County, Missouri, and completed on the day of , 20 SIGNATURE Subscribed and sworn to me this day of 20 NOTARY PUBLIC My commission expires: STATE OF MISSOURI ) ' ) ss COUNTY OF ) F;\engineering\WPDOCS\PROJEC7\2002 Projects\Charleston Place Sanitary Sewer Extenslon.wpd June 27,2002 Missoun Division of Labor Standards WAGE AND HOUR SECTION o T ' ' •' " • '' 0 • ' • y � � r� J� snw 1�0�' Mocccxfi O BOB HOLDEN, Governor Aims. Wage Order TAO ,, 9 Section 026 COLE WUNTY in accordance with Section 290.262 RSMo 2000, within 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 this Annual Wage Order may object by filing an objection in triplicate with the Labor and industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of Si•ate of Missouri. RECEIVED & FILED Coliben A. Baker, Director MAR 0 S 2002 Division of Labor Standards Filed With Secretary of State: SECRETARY COMMISSIONS DIVISION APR 0 g 2002 ;4(jLastDate Objections May Be Filed: _ Prepared by Missouri Department of labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County -tect►Va as c vor- - OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringo Bonofits Increase Rates Rates Rates Asbestos Worker $27.91 65 60 $9.24 Boilermaker _ $24.66 57 7 $11.64 Brickla ors-Stone Mason^^_ $22.10 59 7 $5.80 Car enter $18.63 60 15 $7.01 Cement Mason _ $18.61 9 3 $5.65_ Electrician Inside Wirerr►a 1 _ $22.50 28 7 $8.45+ 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN) RATE Elevator Constructor a $28.655 26 54 $8.115 Operating Engineer Group 1 $21.67 86 66 $11.64 Group II $21.67 86 66 $11,64 Group III $20.42 86 66 $11,64 Group III-A $21.67 _ 86 66 $11,64 Group IV $22.37 86 66 $11.64 Group V $23.67 86 66 1 $11,64 Pipe Fitter b $28.00 91 69 $12,08 ' Glazier $12.25 FED $2.02 Laborer(Building): General _ $15.80 110 7 $6.40 First Semi-Skilled $16.90 110_ 7 $6.40 ' Second Semi-Skilled $16,80 110 7 $6.40 Lather JUSE CARPENTER RATE Unoloum Layer& Cutter _ USE CARPENTER RATE Marblo Mason $22.10 59 7 $5.80 Millwright $19.63 60 15 $7.01 Iron Worker $20.56 11 8 $11,29 Painter $17.69 18 7 $5.08 Plasterer $17.68 94 5 1 $5.39 Plumber $21.00 FED $2.93 Pile Driver $19.63 60 15 $7.01 Roofer $22,50 12 4 $6.49 _ Sheet Metal Worker $21.88 40 23 $7.69 Sprinkler Fitter $14.75 FED $2.17 Terrazzo Worker $22.10 59 7 $5.80 Tilo Setter _ $22.10 59 7 $5.80 Truck Driver-Teamster Group 1 $18.90 101 5 $4.50 ' Group 1i $19.60 1 101 5 $4.50 _ Group 111 $19.30 101 5 $4.50 Group IV $19,60 101 5 $4.50 Traffic Control Service Driver $14.65 48 49 $2.44 Weil 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 rato and fringe benefits contact the Division of Labor Standards at 1-800-475-2130. ' 118EE FGOTNOTE PAGE ANNUAL WAGE ORDER,NO,9 02 Building Construction Rates for Section 026 COLE County Footnotes ective Basic Over- 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. Vacation: Employees over 5 years- 8%; Employees under 5 years -6% All work over$3.5 Million Total Mechanical Contract - $28.00, Fringes - $12.08 All work under$3.5 Million Total Mechanical Contract- $26.66, Fringes - $10.33 ieANNUAL WAGE ORDER NO, 9 3/02 COLE;COUNTY OVERTIMI,. RATES— BUILDING CONSTRUCTION FED: Minimum requirement per I-air labor Standards Act means tittle and one-half(1 '/,) 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 a.m, (and resulting quitting time of 4:30 p.111 ) may be moved forward to 6:00 amt, or delayed one hour to 9:00 a.m. All work performed in excess of the regular work clay and on Saturday shall be compensated at one and one-half(114)times the regular pay. In the event time is lost during the work week title to weather conditions, the I'mployer may schedule work on the following Saturday at ' straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight (8) hours dull constilitle a day's work, wilh the starting time to be established between 7:00 a.m, and 8a10 a.m, from Mc+nday to I ridgy. Time and one-half (I'/1) 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 he paid at double (2) time tale. I)otible (2) hull' 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 al 12:01 a.m. and shall continue through the following Friday, inchisive ofeach week, All work perlbrnled by employees anywhere in excess of forty (40) hours in one(1) work week, shall be paid file at the rate ofone and one-half(('/s) times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten (10) hour work clay except in emergency situations, Overtime work and Saturday work shall be paid at one and one-half(I'/:) limes the regidar hourly rate. Work on recognized holidays ant( SLIndays 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 I'riday. Saturday will be paid at time and one-half(I'/:). Sunday and I lolidays shall be paid at double(2) time. Saturday can be a make-up day if the weather has forced a clay oil, but only in the week of the clay being lost. Any tittle before six (6) hours before Noon or six (6) (tours after Noon will be paid at time and one-half(1'/z). NO. 26: Means that the regular working.day ~hall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p,nl., five(5) days per week, Monday to Friday, inclusive. I lours of work at eacli jobsite shall be those established by the general contractor and worked by the majority of trades. (tile above working hours may be changed by mutual Agreement). Work perliurmcd on C'ons(ruction Work on Saturdays, Sundays and befiire and after the ' regular working day on Monday Io Friday, inclusive, shall be classified as overtime, and paid for at double(2) the rate ofsingle tittle. 'the rate ol,pay lilr all work perlbi-med oil holidays shall be at two dines(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 incliviive, shall constitute a work week. The I.mployer has the option for a workday/workweek of lour(4)ten(10)(tour days(4-10's) provided: t -The project must be for a minimum of lour(4)consecutive clays. -Starting time may be within one(I) hour eilher Side of8:00 a.m. -Work week must begin cm cither it Monday or'hicsday: Ifa holiday falls within that week it shall be a consecutive work day. (Alternate: I fa holiday halls in the middle of a week, then the regular eight(8) hour schedule may be implemented). -Any time worked in excess ofany tell (10)hour work day(in it 4-I0 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(I%) 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 ofpay. ANNUAL WAGE ORDER NO,9 AW902601'.doe Pagc I of4 Pages COLD. COUNTY OVERT'IMI"" RA'T'F,S— BUILDING CONS'T ROC.'T'ION NO. 33: Means the standard work day shall be eight(8)consecutive hours of work between the hours of'6:00 a.m. and 6:00 p.m., excluding the lunch period, or shall conform to the practice on the job site. Four (4) days at ten (10) hours a day may be worked at straight time, Monday through Friday and need not be consecutive. All overtinw-, except for Sundays and holidays shall be at file rate of time and one-hall'(I'h). Overtime worked on Sundays and holidays shall he at double(2) time. NO. 35: Means the normal work week shall consist of live (5) eight (8) hour days for a total forty (40) hours, slardlig on Monday at 8:00 a.m. and ending on Friday at 4:30 p.m. The starting tune can lie Ilexible between 6:00 a.m. and 8:00 a.m., and ending at 2:30 p.m. respectively. All work before designated starting time rind afler quitting time shall he paid at the rate of time and one-half(1''';). All work in the excess ofeight (8) hours per day, or forty (40) hours per week Monday through Friday, shall he paid liar at the rate of time and one half(I'/,). All hours worked on Salurdays, Sundays, or I lolidays shall be paid al the double(2) time rate. NO. 40: Means the regular working week shall consist of five (5) consecutive (8) hour days' labor on the job beginning with Monday and ending with Friday ofeach week. Four (4) 10-hour days may umstilute Ilse regultu• 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 [),Ill. All lull or part tinnc 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 Iwclvc (12) hours during (he regular working week shall be paid for at time arid one-half(I'i;) 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 aF it "make-up" day, for in employee who has missed a day of woe k 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 live (5) consecutive days, Monday through Friday or Tuesday through Saturday. Light (8) hours shall constitute a day's work Starling 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 arid one-half(1'/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 tinne and one-half'(11/2) unless time has been lost during the week, in which case Saturday will he a make up day to the extent of the lost lime. On the "Tuesday through Saturday schedule, all work performed on Monday will be time and one-half(1112) unless time has been lost during the week, in which case Monday will lie rr make-up day to the extent of the lost tinne. Any work performed on Sunday Will be double (2) time. If employees work on any of the recognized holidays, they shall be paid time and one-half(I112) (heir regular rate ofpay lbr 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 tell (10) hours ofwork on Saturday, shall be paid at one �4, one-hall'(1112) tines 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 conslitute 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 I_.mployer 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 (lie established workday of eight (8) hours, Monday through Friday, till time worked on Saturday, shall be paid at the rate of time and one-half (1 ''/1) except in cases where work is part of an employee's regular Friday shill. All time worked on Sunday arid recognized holidays shall be paid at the double(2) time rate of pay. ANNUAL WAGE ORDER NO. 9 AW4026 OT.doc f'ugc 2 of 4 Pages COLE,COUNTY OVC1RT1ME' RATEIS-- RUILDING CONSTWICTION NO. 59: Means that except as herein provided, eight (8) hours a day shall constitute a standard work day, arid forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall he classified as overtime and paid the rate of lime and one-half(1'h). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The I nlployer has the option of working either live (5) eight hour days or Blur (4) tell hour days to constitute a normal forty (40) hour work week. When (lie thur (4) ten-hour work week is in e(l'ect, the standard work day shall be conseculive ten (10) hour periods between the hours of 6:30 a.m. and 0:30 p.m. Forly (40) hours per week shall constitute a weeks work, Monday through 'Thursday, inclusive, In the event the job is down lur any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed wn (10) horns or forty (40) hours per week. When the five day (8) hour work week is in cfli:cl, filmy (40) hours per wc;a- shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down liar any reason beyond the Finployer's control, then Saturday may, at the option of the Employer, be worked as a make-up de-); straight time not to exceed eight (8) hours or forty (40) hours per week. I'lie regular starting time (rued rcsuilling quitting time) may he moved to 6:00 a.m. or delayed to 9:00 a.m. Make- ' tip clays shall not be utilized for days lost due to holidays. NO. 60: Means the Enlplover shall have the option of working live 8-hour days or four 10-11our clays Monday through Friday. [fail Employer elects to work five 8-hour clays during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and onc-hall'(1'h) the hourly wage rate plus fringe benefits Monday through Friday, SA'I'UW)AY MAKI?-(.)I' DAY: Ifan I,nlployer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(raid or mud), Saturday or any part thereof may be worked as a make-up day at the straight lime rate. It is agreed by the parties that the make-up day is not to be used to make up time lost clue to recognized holidays. If in I:?niployer elects to work roar 10-hour clays, between the hours of 6:30 a.m. and 6:30 p.m. in any week, work perfc,rnled rllorl' than tell (10) hours per day or forty (40) hours per week shall be paid at lime and one half(1!%) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour clays and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight tinge. 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(I '/,) the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work clay and on Saturday shall be connpensaled fur at time and one-half (I'/2) the regular ' Nfillwright 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 fin-ward to 6:00 a.m. or delayed one (I) 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. NO TF: All overtime is computed on the ' hourly wage rate plus in 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 advancer.! One or two hours or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and one-half'(11h) of the hourly rale plus an amount equal to onc-half('/,) of the hourly Tot;il Indicated Fringe Benefits. All work performed oil Sundays and recognized holidays shell be paid at double (2) the hourly rate plus in alnount equal to ' the hourly"Total Indicaled 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.nl., 1 allowing one-half(1/2) hour fur lunch. The option exists fin• the Employer to use a flexible starting time between the hours of'6:00 a.m. and 9:00 a.m. The regular work week shall consist of forty(40)hours of five(5) work days, Monday through Friday. The work week may consist of lour (4) ten (10) hour clays from Monday through ' Thursday, with Friday as a make-up day. If the make-up clay 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 tinge or afler the regular quitting time or over eight (8) hours per work week (unless working a 10-hour work day, then double (2) tine 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) tine rate of pay. ANNUAL"'AGE ORDER NO. 9 AW9026 OT doc Page 3 of 4 Pages t COL[: COUNTV OVIIRTIMF. RATES— BUILDING CONSTRUC'T'ION NO. 94: Means eight (8) hours shall constitute, it days work between the hours of 8:00 a.m. and 5:00 p.m. The regular workday starting time of 8:00 a.m. (and resulting quitting time of 4:30 p,nl.) may be moved forward to 6:00 a.m, or dclayed one (1) hour to 9:00 amt. All work performed in excess of till; regular work day and on Saturday shall be compensated al one and one-half(1'/,) times the regular pay, In the event time is lost during file worl. week due to weather conditions, the I'lllployer may Schedule work on the following Saturday al sirlighl tittle. All work accomplished on Sunday and holidays shall he compensated at double the regular rate of wages, ' NO. 101: Metals that except as provided below,eight (8) hours it day shall constitute it standard work day,and forty(40) hours per week shall constitute a week's work, which shall begin on Monday and end oil Friday. All linle worked outside of the standard work day and on Sate,rday shall he classified as overtime and paid the rate ol'time and one-half(I'/i) (except as herein provided). All time worked on Sunday and recopli/A.d holidays shall lie classified as overtime and paid ;U the rate ofdouble(2)time. The regular starting!tittle(and resulting quilling,lime)may be moved Iiirwar(I two(2)hours to 6:00 amt, or the Starting time(and resulting quitting lime) may be delayed one(I) hour to 9:00 a.m. The(:mployer has the option ofworking either five (5) eight-hour days or four(4) tell-hour days to constitute it norliml filrty(40) hour work 1 week. When it fixer (4) ten-hour day work week is in ellccl, (lie standard work day Shall be consecutive tell (10) hour perimis between the hours of 6:30 a.m. and 6:30 p.m. Folly (40) hours per week shall constitite a week's work Monday through Thursday, inclusive, In the event the job is down for any rcaun keyond the lanployer's control, then Friday and/or Saturday may, at the option of the Employer, lx worked as it makeup day; straight time not to exceed tell (lo) hours per day or forty(40)hours per week, Starting time will lx desig.,naled by (he employer. When file live(5)day eight (8) hour work week is in efk-c:t, filrty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event ,he job is dowel for tiny reason beyond the Hinployer's control, then Saturday may, at the option of the Employer, be workLxI as it makeup day; straight time not to exceed eight (8) hours per day or filrty (110) 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.ttl. and 4:30 p.m. shall constitute: a work day, The starting time may be advanced one (I) or two (2) Hours. Finployees shall have a lunch period of thirty (30) minutes. The Employer may provide a lunch period of one (I) hour, and in that event, the workday shall conlllience at 8:00 a.m. and end it 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. oil Friday if the (:mployer grants a lunch period of one (I) hour), or as adjusted by starting lime change as stated above. All work performed bel'ore 8:00 a.m. and tiller 4:30 p.m. (or 5:00 p.nl, where one (I) hour lunch is granted for lunch) or as adjusted by starting time change as slated above or oil Saturday, except as herein provided, shall be compensated at one and one-half(I%,)times (he regular hourly rate of pay for the work pet Conned. All work performed on Sunday and on recognized holidays shall be compensa(ed al double (2) the regular hourly rate of pay liar file work perlilrnled. If an Finployer is prevenled 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 it stake-up day tit (he straight time rate. The Employer shall have the option of working five eight (8) hour clays or four tell (10) hoar days Monday through Friday. I('all (:mployer elects to ' work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per clay or filrty (40) hours per week shall be paid at lime and one-half(('/,) the hourly rate Monday through Friday, Kan an employer elects to work four (4) Ien (10) hour days in any week, work per(irrttled more than ten (10) hours per day or forty (40) (tours per week shall lie paid at time and one-half (1'/2) (hc hourly rate Monday through Friday. If in Imployer is working tell (10) Hour clays and loses it clay due to inclement weather, they may work tell (10) hours Friday at straight tinge. Friday must be scheduled Im at least eight (8) hours and no more than tell (10) hours at the straight time rate, but all hours worked over the linty (40) hourS Monday through Friday will he paid at little and one-half'(I''/--) overtime rule. ANNUAL WAGE OLDER NO. 9 AW9026 Ol'.doc Page 4 of A I'nga COLE COUNTY HOLIDAY RATE SCHEDULE — BUILDING CONS'T'RUCTION NO.3: All work done on New Year's Day, Decoration Day,July 4th, Labor Day, Veteran's Day,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observe d as a holiday. NO, 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving and Christmas Day shall lx;paicl at the double time rate of pay. I fatly offhc above holidays fall on Sunday, Monday will be observed as the re cogmizeci holiday. 11'any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday, NO. 5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Davy,and Chris tmas Day shall be paid al 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 C'hristrnas I)a+y shall he paid at the double time talc of pay. Ifa holiday f ally on a Sunday, it shall be observed on the Monday. Ifa holiday laIIs on a Saturday, it shall be observed on the preceding Friday. NO. 8: All work done on New Year's Day, Memorial Day, Indepcmdcnce Day, Labor Day, Ve(eran's Day, Thanksgiving Day,and Christmas Day,or days observed as such,shall he paid at the double time rate of pay. The Friday following Thanksgiving will be worked at the Employer's option. If worked,it will be at the regular hourly rate of pay. NO. 15: All work accomplished on( he recognized holidays of New Year's Day, Decoration Day(Memorial Day), Independence Day(Fourth of July), Labor Day, Veteran's Day,'Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be comlx:nsated for at double(2)the r egular hourly rate ofwages plus fringe benefits. Iftt holiday lulls an Saturday,it shall be observed on tl+e preceding Friday. Ifa holiday fills on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Clirist mas Day,Decoration Day or Independence Day except to preserve life or properly. NO. 19: All work done on New Year's Day, Memorial Day,July 4111, Labor Day,'I'hanksgiving Day,and Christmas Day shall be paid at the double lime rate of pay, The employee ma y take off Friday following"Thanksgiving Day. However,the employee shall notify his or her Foreman,General Foreman or Superintendent on the Wednesday preceding'I'hanksgivitig Day. When one of the above holidays falls on Sunday,the following Monday shal I be considered the holiday and all work performed on said day shall beat 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 tit (he double (2)time rate. NO. 23: All work done oil New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and shalt be paid at(he double tittle rate of pay. When a holiday falls on Sunday,the following Monday shall be considered a holiday. 1 NO. 49: The fallowing 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)per sonal days. The observance ofone(I)of the personal days to tie limited to the tittle between December I and March I of the following year. If any of these holidays fall oil Sunday,the following Monday will be observed as the holiday and ifany ofthcsc h olidays fall on Saturday,the preceding Friday oil! be observed t+s the holiday. Ifemployces work on any ofthcsc holidays they shall be paid time&one-hald'(1'/2)their regular rate of pay forr all hours worked. ' NO.54:All work done on New Year's,Memo vial 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 li+lls on Sund ay, 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 of July),"Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday,Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. ANNUAL WAGE ORDER NO.9 AW9026 hdy.doc Page I of Page COLT COUNTY HOLIDAY RATE SCHEDULE- BUILDING CONSTRUCTION NO.66: Al I work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever ally such holidays fall on a Sunday,the following Monday shall be observed,s a holiday. NO. 69: All work performed on New Year's Day, Decoration Day,.luly Fout1h, 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 i fthe employer chooses to work these days, the employee will be paid at straight •lime rate of pay. Ifa holiday falls on a Surtclay 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 tl►e 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 a11er Thanksgiving and Christmas Day, Ifa holiday falls on Sunday,it shall be celebrated oil Monday. Ifa ho licfay hills on Saturday, it shrill be celebrated ott the Friday preceding such Saturday. ANNUAL WAGE ORDER NO.9 AW9026 hdy.doc, Page 2 o(2 Page Heavy Construction Rates for Section 026 COLE County r ''Effective Basic OCCUPATIONAL TITLE TITLE Date of Hourly Time Holiday Total Fringe Benefits _ Increase Rates Rates Rates CARPENTER Journeymen $23.13 7 16 $6.24 Millwright $23.13 7 16 $6.24 Pile Driver Worker $23.13 1 7 16 $6.24 OPERATING ENGINEER Group 1 _ $20.75 21 5 $11.61 Group II $20.40 21 5 $11.61 Group III $20.20 21 5 $11.61 Group IV $16.55 21 5 _$11.61 Oiler-Driver $16.55 21 5 $11.61 LABORER General Laborer $19.75 2 4 $6.10 killed Laborer $20.35 2 4 $6.10 TRUCK DRIVER-TEAMSTER Group 1 $21.72 2 4 $5.25 Group II $21.88 2 4 $5.25 Group III $21.87 2 4 $5.25 Group IV $21.99 2 4 $5.25 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. ANNUAL WAGE ORDER NO. 9 3/02 COLE COUNTY OVERTIME RATE SCHEDULE — HEAVY CONSTRUCTION NO. 2: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof'' by reason of'inclement weather, Saturday or any part thereof may be worked as a mako-up day at the straight time rate to complete forty (40) hours of work in a week. Employees who are part of a regular crew on a make-up day, notwithstanding the Cac-ti, that they may not have been employed the entire week, shall work Saturday at the straight time rate. Tinle & one-half(I %2) shall be paid for all hours in excess of eight (8) hours per day (if' working 5-8's) or ten (10) hours per day (if'working 4-10's), or forty (40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion of'said clay is worked as make-up to complete forty hours), time and one-half' ( 1 !'7) shall be paid. NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, ten (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate ofonc and one-half(1 %2) times the regular hourly rate. The regular work day shall be either eight (8) or ten (10) hours. if a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday niay be worked as a make-up day at straight time (if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). Make-up days shall not be utilized for days lost from holidays. Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(1 %2) times the regular rate. Work performed on Sunday sha11 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 430 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five (5) day eight (8) hour schedule, Saturday may be used for a make-up day. The Employer may have the option to schedule his work from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours ill excess of ten (10) hours in any one day to be paid at the overtime rate of time & ono-half(1 ''/2). If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, lie 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 shall be paid one & one-half(I %2) timCS 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 per 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. AW9026 hvy of doc ANNUAL.WAGE ORDER NO. 9 Page I of I COLE COUN'T'Y 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. Ifa holiday falls on a Sunday, it shall be observed on the following Monday. Ifa holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. 'Phis rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday , it shall be counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or S undays, they shall receive double(2) the regular rate of pay 1br such work. The above shall apply to the ibur 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty (40) hour work week. NO. 16: The IN lowing days arc re cognized as holidays: New Year's Day, Memorial Day, Fourth ofJuly, Labor Day,Thanksgiving Day and Christmas Day. Ifa holiday falls on Sunday, it shall be observed on the INlowing Monday. Ifa 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 Ibrty (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 t aw9026hvyhoklm ANNUAL WAGE ORDER NO. 9 Page I of UU'CSIDL ELECTRICIAN I'hcrc rates arc to be used fi r•the 161lowing counties: Adair, Audrain, Bwne, Callaway, Crurtden,Carter, Chariton, Clark, Cole,Cooper, Crawfbrd, Dent, Franklin, Gasconade, )toward, I lowell, Iron, ,Idler:urn, Knox, Lewis, Lincoln, Linn , Macon, Mar•ies, Marian, Miller, Monitcau, Monroe, Montgomery, Morgan, Oregon, O.S.-age, Perry, Phelps, Pike, Pulaski, Putnam, Ralls, Randolph, Reynolds, Ripley, St. Charles, St. Francois, St. Louis City, Sl. Louis County, Ste. (iencvievc, Schuyler, Scotland, Shannon, Shelby, Sullivan, "I'cxas, War7en, and Washington CONIN11?1101AI, WORK Occupational"I'ille 13r1sic Total Rate Benefits JourneynI'm Lineman $27.48 $2.45 -t- 41.3% Lineman Opp rator $24.00 $2.45 ► 41.3% Groundnrtn WA A7 $2.45 41.3% I[ITILITY WORK Uccupaturnal Title Basic 'Total lourly rink—__ --- Rate Benefits Jounrcy►nan I.,incnran __. .$26.,`_4.7 - . ._.___.. $2.45 + 373% Lineman 0)crator $22.85 $2.451 37.3% Groundman $I"l.(,7 `};2.45 -t 37.3% ' OVERTIME, RA'I'D: I`ighl(8)hours shall constitute it work day b ctwcvn (lie hours of 7:00 a.m.and 4:30 p.nt. Pony(40)hours within five(5)days, Monday through Friday inclusive,shall constitute the work week. Work perlbrimd in the 9th and 10th Itcxrr, Monday through Friday,shall Oe paid at time and one -half(1'/2) lire regular straight time rate ol,pay. Contrador has the option to Ivry two(2) hours per day at the time and one-half(I%) the regular straight tints rate ofpay be:lwecn the hours of6:00 a.m.and 5:30 p.m.,Monday through Friday. Work Im-funned outside the re gularly s hedided working hours and on Saturdays, Sundays and rmognired legal holidays,or clays celebrated as such,shall lx paid lbr at the rate of double(2)tittle. ' HOLIDAY RA'I'N::All work perlimiled on Neix Ycru's Day, Memorial Day, Fourth of•July, l.,abor Day, Veteran's Day,'Thanksgiving Day,Christmas Day,or days celebrated as such,shall he paid at the double time rate of pay. When ono ofthc l6regoing holidays falls on Sunday, it shall lie celebrated on the fbllowing Monday. ANNUAL. WAGE DRDI:R NO. 9 3,rr2 oursrt.Aw ADc r . AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by ---- 2. That _ was awarded a public works contract for Project No. 31056, Charleston Place Sanitary Sewer Extension. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and Subcontractors engaged in a public ' works construction project in the State of Missouri. 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as amended) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of 20 NOTARY PUBLIC e My Commission Expires: _ STATE OF MISSOURI ) ss COUNTY OF ) F.\engineering\WPDOCS\PROJECT\2002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION 1, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as _ by 2. That was awarded a public works contract for Project No.31056, Charleston Place Sanitary Sewer Extension. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ^ since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of_ 120 NOTARY PUBLIC My Commission Expires: APPROVED BY: _ ' Director of Community Development, City of Jefferson, MO F:lengineering\WPDOCSIPROJECT12002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: ' 1. That I am employed as by 2. That _ was awarded a public works contract for Project No.31056,Charleston Place Sanitary Sewer Extension. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project In the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ' since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this _ day of , 20 NOTARY PUBLIC My Commission Expires: APPROVED BY: _ ' Director of Community Development, City of Jefferson, MO F:\engineering\WPDOCS\PROJEC112002 Projects\charleslon Place Sanitary Sewer Extension.wpd June 27,2002 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this L day of , 2002, by and between Ken Kauffman & Sons Excavating, LLC, hereinaft r referred to as "Contractor," and the City of Jefferson, Missouri, a municipal corporation of the state of Missouri, hereinafter referred to as "City." WITNESSETH: THAT' WHEREAS, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 31056 Charleston Place Sanitary Sewer Extension Prod t y NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to construct the "Charleston Place Sanitary Sewer Extension, Project No. 31056". 2. 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 thirty (30) working days from the date Contractor is ordered to proceed, which order shall be issued by the Jefferson City Director of Community Development within ten (10) days after the date of this contract. 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No.9, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record ' showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the ' terms of this contract. A copy of the record shall be delivered to the Fiscal Affairs FACONTRACT DOCUMENTS\31056-Charleston Place Sanitary Sewer Extension,wpd August 6,2002 Supervisor of the Jefferson City Finance Department each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor tinder the Contractor. 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation _Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. c Automobile Liability Insurance in an amount not less than $2,000,000 for O Y all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $2,000,000 for all elairns arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance ' required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for 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 F:\CONTRACT'DOCUMENTS\31056-Charleston Place Sanitary Sewer Extension.wpd August 6,2002 the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 5. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The City may deduct Five Hundred Dollars ($500 ) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's pant or the part of its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five (5)days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to F:\CONTRACT DOCUMENTS\31056-Charleston Place Sanitary Sewer Eatension.wpd August 6,2002 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 Iordinances, and state and federal laws. 9. Indemnity. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees,and agents,from and against all claims, damages, and expenses, including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than Work itself) including the loss Of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for those acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials_ Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay Contractor 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 the Jefferson City Department of I Community Development, and in accordance with the rates and/or amounts stated in the bid of Contractor dated July 23, 2002, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done I or materials furnished hereunder. The total amount of this contract shall not exceed One Hundred Forty FourThousand Six Hundred and 00/100 Dollars($144,600.00). ' 13. Contract Documents_ The contract documents shall consist of the following: a. This Contract f. General Provisions I b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications FXONTRACT DOCUMENTS131056-Charleston Place Sanitary Sewer E=xtension.wpd August 6, 2002 1 rd, Notice to Bidders i. Drawing and/or Sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties, These documents are as fully a part of the rcontract as if attached hereto or repeated herein. 14. Nondiscrimination. Contractor agrees in the performance of this contract not r 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. 15. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 5401 Old Lohman Road, Jefferson City, MO 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. 16. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN WITN ASS WHEREOF, the parties hereto have set their hands and seals this �'� t day of_ t-t,t-7, , 2002. V rCITY OF JEFFERSON CONTRACTOR rayor Title: •v. ,� <,c, - ATTEST: ATTEST: ' ty Cle k Title: w'�A APPRQ/VED As, /T o FOR I City Ca s I r F:1CONTRACT DOCUMENTS131056-Charleston Place Sanitary Sewer Exlension.wpd August 6,2002 r r11/3I 12102 ]1: 19 Ei131121161 KEEN KALIFFMAN PAGE 02/04 PERF.OR1► AN95., -Ak.-lE9NT,ANf)..!XLA-RANTr=F R.QNQ G V \c :;� l C)1J LJ C)Q, KNOW ALL. MEN BY THESE PRESENTS, that we, the UndereIgnod Ken Kauffman & Sons Excavating, LLC _____ hereinafter, referred to as "Contractor" and XL Specialty Insurance Company a Corporation organized under the later, of the State of *• Illinois and authorized Ara transact business in the State of Missouri _ .es c"urety, are held and firmly bound unto the City of Jefferson city, MO — hereinafter referred to as"Owner" in the enal sure of (� __QRQ. Hundred r'al:ty Four Thousand Six Hundred_aQLl.A,RS lawful money of the United States of America for the payment of which sum, well and truly to be made, we mind ourselves and our heirs., executors, administrators, succvssora, and assigns, jointly and severally by these ' presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH WHAT; WHEREAS, the above bounded Contractor has on the 3nt"t, day ' of July 12002 _, entered into a written contract with the aforesaid Owner for furnishing all materials,equipment, tools,superintendence,labor,and otherfacilitiea ' and accessories, for the construction of certain Improvements as designated, defined and described in the sold Contract and they Conditions thereof, and in accordance with the specifications and plans therefore; a ropy of acid Contract being attaQhed hereto and made a part hereof: ' F!%r)g1iowia01WP00C.S1PR0JF0TLI=Prolamnlr.h-OrrAm Plwcn fiena*ry£,A-m-r C-iA&n mwpd Arro 27.2002 N7/3N/1NN2 B: 2L 571N':t�',7f7 KI7fJ !</�l_Ift'fY1�1N PAGE N3/P14 NOW THEREFORE, if the said Contractor shall and will,in all particulars,welt,duly and faithfully observe, perform and abide~ by each and every covenant, condition, and part of the sald Contract, and the Conditions, Specifications, Plans, Prevailing Wage i,aw 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 workTinanship for a period of one year after acceptance by the Owner, then this obligation shall be and becorna null and void; otherwise it shall remain in full fora: and effod, PROVIDED FURTHER, that if the said Contractor falls to duly pay for any labor, materials, sustenances, providlons, provender, gasoline, lubricating oils, fuel 05, greases, coal repairs, equipment and tools consumed or used in said work, groceries Nand 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 perilormance e-of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER,that the said Surety,for value recelved, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the ' contrad, or the work to be peftmed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive nogce of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, 'to any workman engaged in the construction of the imptavements as designated, dafined and described, in the said c*trrtiarA, 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 F;1engirwrirglWPDOCSV4toJECMao2 ProieM\r3hnMsh3n Raw Sanitary Sower FAenslonmpd Juno 27,2002 V/30/2002 1x,: 2? 57121'09257S7 KEEN VAUFFMAN @41@4 omission, in any amount riot exceeding the amount of this obligation tcagether with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused tho%e precasts to be excouted ih its name, and its corporate seal to be hereunto affixed, by It attorney-In-fact duty authorized thereun'ko so to do, at Kansas.City, Missouri on this the 2nd day of Faust , 20 02 ' XL Specialty Insurance Company Ken Kauffman & Sons Excavating, UC SURETY COMPANY CUNT CTOR �(SEAT.) By (S.E-aL.) BY Chrrist`iher Colman (SEAL) -BY (S"EAQ r . Attorney-in-fact (State Representative) (Accompany this -bond with Attorney-in-fact's authority from the Surety Company oer#ified to Include the date of the .bond.) p;lenQi ringtvVP�QCS1PftC2lECFL7CJ2 E'tntesctelG;iutk+ctnn Wlucn Ssinlinry 34P.Wmr E�dmislon_wpd lunA'�f,2002 1 . 1r S U RETY 1AMITIED POWF,R OF ATFORNFY OW ALi.MEN BY T1111SE PRESUN'i;S:'ihat the XL SPEC IALTY INSURANCE-COMPANY,a corporation organized and existing by virtue of the haws of the to of Illinois("Company'or 'C:orporation"),does herchy nominate,constitute and appoint,Paul S, Ralttnt,James N. Colntan,Christopher Collualt, eidiA. Walker,LanyK. fluddlesloll,Kari S,Studer,Scott K.Burithanl & 7rrra L. IVotfus employees ofBuruhant, Colntalt, McMurray&S'rluhws, its true and lawful Atlurncy(s)-in-fact to make,execute,attest,seal and deliver for and on its behalf',as surety,and as its act and decd, where required,any and all bonds,undertakings,rccognizances and written obligations in the nature thereof,the penal sum of no one of which is in any event to exceed$5,000,000.00. Such bonds and undertakings,when duly executed by the aforesaid Attorney(s)-in-lact shall be binding upon the said Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and scaled with Its corporate seal. This Power of Attorney is granted and is signed by I'acsimilc under and by the aulhorily of the following Resolution adopted by the Board of Directors of the Company on the 5th day of December, 1988: "RESOLVE D,'fhat the President,or any Vice President of the Company or any person designated by any one of them is hereby authorized to cxccutc flowers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company,bonds,undertakings and all contracts of suretyship, and that any Secretary or any Assistant Secretary of the Company be,and that cacti or any of them hereby is authorized to attest the execution of any such flower of Attorney,and to attach thereto the Seal of the Company, FURTHER RESOLVED,'llhat the signature of such officers and the Seal of the Company may be affixed to any such-lower of Attorney or to any certificate relating thereto by facsimile,and any such flower of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond,undertaking or contract of suretyship to which it is attached." Bonds executed under this Power of Attorney may be executed under I'acsilnile signature and seal pursuant to the following Resolution adopted by the Board of Directors of the Company on August 6,2001. "RESOLVED,-i'hal the signature of the President of this Company,and tie seal of this Company may be affixed or printed on any and all bonds,undertakings, rccognizances,or other written obligations thereof,on any revocation of any Power of Attorney,or on any certificate relating thereto,by facsimile,and any Power of Attorney,any revocation of any Power of Attorney,builds,undertakings,rccognizances,certificate or other written obligation,bearing such facsimile signature or facsimile-seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF,the XL SPECIAi_TY INSURANCE COMPANY has caused its corporate scat to be hereunto affixed,and these presents to be signed by its duly authorized officers this 6th day of August,2001. XL SPECIALTY INSURANCE COMPANY 11 Y; PRESIDENT �PppRATE.'"°c ( I Attest: L. SfiC'Rl'-I'ARY STATE OI'ILLINOIS COUNTY 01'COOK ss. On this 6th day ol'August,2001,before tile personally came Nicholas M.Brown,Jr.Lo me known,who,being duly sworn,did depose and say;that he is President of the Company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to the aforesaid instrument is such corporate sea)and was affixed thereto by order and authority of the 130ard of Directors of said Company;and that he executed the said instrument by like order and authority: rvwwrwE:L AL NG1!1_aF ILLINOIS 5:06•p4•a3 NOTARY 1'U13L1C S'T'ATE Of'ILLINOIS COUNTY OF COOK ss. 1,Ben M.Llaneta,Secretary of the XL.SPECIALTY TY MSU \»RANCE COMPANY a c poration of the State of Illinois,do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and that I have compared same with(lie original and that it is a correct transcript therefrom and of the whole of the original and that the said flower of Ala\rncy is still in full force and effect and has not hcen revoked. iN WITNESS 1WHEREi017,1 have hereunto set my hand and affixed fne seal of said Company,at the City of Schaumburg,this 2nd day of August .Ir`�atu %itSUR +f SR'RETARY GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract", modified as set forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions,Bid,Contract, Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by ail. The intention of the Documents is to include the furnishing of all ' materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, ' and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1) with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. Contract or Contract Documents shall include all of the documents 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. F:lengineering\WPOOCSIPROJECT12002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 4. "Subcontractors"shall mean and r ofer to a corporation, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Community Development, (i.e„ the Engineering Division Director). ' G. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 8. "Day" or "days". unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words"as directed","as required","as permitted","as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words"approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable,suitable,acceptable, proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed"or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. ' GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any ' way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the F:\englneering\WPDOCS\PROJECT\2002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 terms or obligations herein contained. The relation of the Contractor to the City shall be that of an independent contractor. GP4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. ® The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision ■ of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 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 faithfiul performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used, or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. ' If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten (10)days after notice to do so, In default thereof, the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. GP-6 INSURANCE GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the arnounts, 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 F:\engineering\WPDOCS\PROJEC'R2002 Projects\Charleston Place Sanitary Sewer Extenslon.wpd June 27,2002 complied with. All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. ' All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY & PROPERTY DAMAGE_LIABILITY INSURANCE (1) Bodily Injury Liability Insurance coverage providing limits for bodily Injuries, including death,of not less than $2,000,000 per person and $300,000 per occurrence. (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: J OVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2,6.3, 6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) ' (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the Contractor's operations. (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. F:lenglneering\WPOOCS\PROJECT\2002 ProjectslCharleston Place Sanitary Sewer Extension.wpd June 27,2002 rGP-6.7 AUTOMOBILE BODILY INJURY LIABILITY &_AUTOMOBILE_PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of$300,000 per persoci. The "Ail State"endorsement shall be included. In case any class of employees is riot protected under the Workmen's Compensation Statute, tite 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. F;\engineering\WPUOCS\PROJECT\2002 Piojects\Charleston Place Sanitary Sewer Extonsion.wpd June 27,2002 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,.iereof,equipment,power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE MUpon 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 shat; forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL_ MATERIALS & EQUIPMENT Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. ' The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. e 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. F:\engineeringkWPDOCS1PROJECT12002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work,except as to defects which may develop in the other contractor's work after the execution of his work Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages, the said Contractor shall pay such award; final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which is necessary to a clear understanding ' of the work,or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the contract, specifications and plans. ' GP-12.2 FIGURED DIMENSIONS TO GOVERN F:\engineering\WPDOCS\PROJEC'r12002 Projects\Charleston Place Sanitary Sewer Extensionviod June 27,2002 t 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 ornission in pains, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work 'Fhe Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in Substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety The sold duty of the Project 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 tho 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 tic-rein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the City, whenever so ordered by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work, even though the carne may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and F:\engineering\WPDOCSIPROJECi\2002 Projects\Charloston Place Sanitary Sower Extonsion,wpd June 27,2002 1 specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. All condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. if such work be done in accordance with the Contract Documents, th- City shall pay the cost of reexamination and replacement. If such work be found riot in accordance with the Contract Documents,the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines, scopes, and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract, The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required, No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged, lost, displaced, or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work. Any work clone without being properly located and established by base lines,offset stakes, bench marks, or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS eThe Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials ' furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. 1 F;\engineering\WPOOCSIPROJECIN2002 Projocts\Charlestun Place Sanitary Sewer Extensionmpd June 27,2002 GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER ' All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen, and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. ' It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed, the Police Department, Fire Department, and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic, the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project, wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project, the Contractor shall make every effort to provide access to each ' home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS ' All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shalt 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 A rninimurn obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirernents, 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. F:lengineeringlWPDOCSIPROJECT\2002 ProiecWGharleston Place Sanitary Sewer Extension.wpd June 27,2002 GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall riot con Stitute a claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners, and any damages Caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs,warning ' lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor,without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one (1) year after the date of completion of the contract. ' GP-24 NO WAIVER OF RIGHTS F:\engineering\WPDOCS\PROJECf12002 ProjectslCharleston Place Sanitary Sewer Extension.wpd June 27,2002 t 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. eGP-25 USE OF COMPLETED PORTIONS If desired by the City,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner,without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terns or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer, which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. eIf the modification or alteration decreases the amount of work to be clone, such decrease shall not constitute the basis for a clairn for damages or anticipated profits on work affected by such decrease. ' Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. ' 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the F:\engineering\WPDOCS\PROJECT\2002 ProjectslCharleston Place Sanitary Sewer Fxtension.wpd June 27,2002 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 ornitted. 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 GP26. (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. GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time, then the Contractor may abandon that portion of the work So suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any ' other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be a adjudged bankrupt, or if he should make a general assignment for the 9 p benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if lie should ' persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the ' instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the F:\engineering\WPDOCS\PROJECT\2002 Prolects\Charleston Place Sanitary Sewer Extenslon.wpd June 27,2.002 e Contractor five(5)days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient In such case, no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon five (5)days written notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, of from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne by the Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 13:00 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, F:\engineering\WPDOCSIPROJECT12002 ProjeclslCharleston Place Sanitary Sewer Extension.wpd June 27,2002 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 Lne 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 from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-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 riot be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over ' unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. GP-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. F:\engineering\WPDOCS\PROJECT\2002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 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 rernains 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 Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the laid 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 sure 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. i (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. Tile payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will ' promptly make such inspection, and when he finds the work acceptable. under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of,Jefferson within thirty (30) days after the date of said final certificate. F:lengineering\WPDOCSIPROJEC1 12002 ProjectslCharleston Place Sanitary Sewer Extension.wpd June 27,2002 (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-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, front 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 Gomrnunity Developmental least 24 hours before the product is to be used on the project. eGP-43.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-44 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of anyjob 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 Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is In the interest of the City of Jefferson, Missouri to accept same. The bidder to whom ' an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. F:\engineering\WPDOCS\PROJECT\2002 Projecls\Charleslon Place Sanitary Sewer Extension.wpd June 27,2002 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, Department of Community Development, an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290,290, RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. 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 Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available 1 or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Developmentof the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty (30)days and intends to become or remain a Missouri resident. GP-49 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 arriended), 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 1 F:l engineering\WPDOCSIPROJEC*IV002 ProjoctslCharleston Place Sanitary Sower Extenslon.wpci June 27,2002 t SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions In these specifications. SP-1 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in the contract documents. All construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 PARTIAL ACCEPTANCE The City reserves the right to accept all or any part of the bid for the project. ' SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be held to discuss the project, scheduling and coordination with the work of others. The contractor and all subcontractors shall attend the conference. The work schedule specified in Section IB-23 of the Information for Bidders shall be submitted at the conference. SP-4 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. ' In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. \UCENGI\USERSWtORASCHACHARLESTON PLACE SANITARY\SPECIAL PROVISIONS.DOC June 26,2002 SP-6 MAILBOXES If U.S. Postal Service access to any mailboxes will be Interrupted during construction, the Contractor shall contact the U.S. Postal Service to determine where the mailboxes should be set during construction. ' The Contractor shall reset maiiboxes at appropriate locations, once work is complete. Any materials damaged by the Contractor shall be replaced with material of better or equal type and quality at the Contractor's expense. SP-7 TRAFFIC CONTROL DURING CONSTRUCTION All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. "ROAD CONSTRUCTION AHEAD" signs shall be placed appropriately. Through vehicular traffic shall be maintained at all times during the construction of the pipe line including the crossings of Sturbridge Drive. The Contractor shall provide the necessary traffic control personnel, such as flagmen, warning devices and signs in accordance with the Manual on Uniform Traffic Control Devices. SP-8 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-9 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-10 ROCK REMOVAL No explosives shall be used on this project within fifty (50) feet of a structure or within the Panhandle Eastern Pipeline right-of-way. Rock in these areas shall be removed by mechanical chipping, jack- hammering or other methods approved by the Engineer. SP-11 ADJUSTMENT OF UTILITY SERVICES The necessary adjustment of utility services such as water, gas, telephone, and electric, including meters, valves and other appurtenances shall be subsidiary to the work. SP-12 INSTALLATION OF SEWER PIPE 1 The unit price for the installation of sewer pipe shall include all necessary excavations, ditching, backfiiling, road cuts and patching per Cole County Standards, bedding, shoring or any other item required to complete the installation of the pipe with the exception of"Trench Rock". \\JCENGI\USERS\MORASCH\CHARLESTOPJ PLACE SANITARY\SPECIAL PROVISIONS.DOC June 28,2002 t SP-13 EXCAVATION FOR SANITARY SEWER- "Trench Rock" All excavations required to install the sewer pipe, manholes, and other necessary appurtenances shall be unclassified with the exception of payment for 'Trench Rock" excavation. Quantities shown In the itemized proposal are estimated for bidding purposes. Actual payment for 'Trench Rock" will be paid based on the actual measured quantities in the field. SP-14_ CQN. TR.. TION STAKINIQ The City of Jefferson shall stake the proposed structures for horizontal control and provide an on-site BENCHMARK for elevation control. P-15 RUNG PROPERTY The City of Jefferson is hereby notifying the contractor that the owners of the parcel labeled as No.14, Daniel & Julie Roling have requested that they be allowed to negotiate placement of a storm drainage pipeline across their property during construction of the sanitary sewer. The City will allow the successful contractor, at their option, to undertake this work. The City will not pay for any portion of the storm sewer work nor allow any additional working days to complete the sanitary work. SP-16 STURBRIDGE DRIVE ROAD CUTS The contractor shall comply with all requirements of the Cole County Department of Public Works for the Sturbridge Drive Road cuts, including saw cuts, patching, restoration of right-of-way, traffic control, etc. The Contractor shall maintain through traffic at all times. It shall be the responsibility of the contractor to coordinate the scheduling of the necessary inspections for work within the Cole County right-of-way with a County representative. $13-117 CONSTRUCTION WITHIN PANHANDLE EASTERN PIPE LINE EASEMENT ' The contractor shall comply with all requirements of CMS Energy, Panhandle Eastern Pipe Line for construction within their pipe line right-of-way. Requirements may include but are not limited to: no blasting within pipe line right-of-way; limited blasting within 300 ft. of pipeline; limited means/methods of rock removal; notification and observation requirements; equipment weight limits passing over pipeline, etc. It shall be the responsibility of the contractor to coordinate the scheduling of the work within the pipe line right-of-way area with a Panhandle Eastern representative. ' Panhandle Eastern Pipe Line Contact: Mike Whitaker: phone 660-568-1221. END QUEE IAL CONDITIONS WCENG1\USERSWIORASCH\CHARLESTON PLACE SANITARY\SPECIAL PROVISIONS.DOC July 1,2002 3�fJf�'?r 8 u i�Ski kD W W a V N M 'S'd ,, ^� l •, p r ,• 4 II J•341 '26'261[1 lS G �j e x of ipq co I6 CL 1- r 10 �� �� S � �ri��ii � •. _ s .yep,f�}z',y, 1 r i x ` 10 E ]1011NYN a0 I u ��� , �j ,•�y \ \ \ --�\�- ---- - i8313!t>$9 1no..11 { of _o o .» l� \ t ••. ytr�/0"�4, IL'1•�I N1S1 t1.. O A ` 3f CD . 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UFF-2 ! 08/02/02 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION aught-Naught / Jefferson City ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1441 Christ; Drive HOLDER,.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P 0 Box 1768 L ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Person City MO 65102 e: 573-634-2727 Fax: 573 -634-7762 INSURER5AFFORDINGCOVERAGE ED INSUREF,A• Cincinnati Insurance Compan INSURE{,e Ken Rauffman & Sons Excavatingg LLC 5401 Old Lalunan Dr INSl1REI,U Jefferson City MO 65109 -------- INSURER E COVERAGES THE POLICIES O�INSURANCE LISTED BELOW HAVE BEEN ISSUED,I T FIF ItISUREO NAMED nBOVE FOP,THE PULIC:Y PEP,IOU INDICATEU W;17WITHSTANDINU ANY REQUIREMENT,TERM OR CONDITION OP ANY COP47(2AC7 0R 01 HEFC DOZZUMEN1 VVII H RESPECT TO WHICr+TNI;CER7IFICATL r.tAY BE ISSUED OF MAY PERTAIN,THE INSURANCE AFFORDED ON'THE POLICIES DESCRIBED HEREIN IS SUI:JECT 70 ALL THE TERML.EXCLUS10NS AND CONDITION:,Or SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUZEL+By r'AI') N R TYPE OF INSURANCE POLICY NUMBEF:--�—`-pgT[y1MEr DU!VYVE PODATE)ffdM DFOtYY,M1 —_!_-- LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE 1, 0 0 0, 0 0 0 A X.COMMERCIAL GENERAL LIADILIT) CAP 5 4 6 5 2 5 2 06/05/02 0 6/0 5/0 3 FIRE DAMAGE(Am.DIV I'te, : 100,000 ~-� CLAIMS MADE ^X OCCLIR IdED EX"(Anv one person _; 10, 000 * ' X Owners/Contractor PENDING 08/0/02 08/C1/03 -PERSONA,1.ADI'INJl6RN' r�; 1, 000, 000 � Protective — $2,000,000 Ag; ,,regate GENERA,AGGREG%,TL_—; 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER $2,000,000 C)(•,CLl re n(,Q PRODUCT!,•COMP101 AG( : 2 , 0 0 0, 0 0 0 ~X POLICY~ PRO- _ LO: JEC AUTOMOBILE LIABILITY ^>)r.![IUJE:',rW�:.[Llydr , 1, 000, 000 A ANY AUTO CAP54t 5252 06/05/02 O6/05/03 IE1,acaaent ALL AWNED AUTOS .X SCHEDULED AUTOS (r,. mmon' X HIRED AUTOS — 4i0DG1'ItJJl1F1 , _X NON•OWNEI)AUTOS (�• aoanrnl W11000111 DAMAG* {t•l":]:;the nl, ARAGE LIABILITY A,IT: Of;; •E AC CIDEN7 AGC. S EXCESS LIABILITY ::r+O::UIIRRi=r1Cl. 1, 0 0 0, 0 0 0 • X occuR — CLAIN!SMADE CCC44E7925 06/05/0:. 0 C,11 05/03 A,crrEG% F —�--- 1, 000, 000 DEDUCTIBLE RETENTION S --- ------ WORKERS COMPENSATION AND 7 i1` 'L'IM;_! EMPLOYERS'LIABILITY - Er,; I OTHER. • Installation./ r71P54C5252 061/0510:' 06/05/03 Anv One 51, 0001000 Builder F:_s]: Lcoat_on _Limit DESCRIPTION OF OPERATIONSILDCATIONSNEHICLESIE):CLUSIONb ADDED B"ENDORSEMENT/SPECIAL PROVISION- Re: Charleston Place Sanit&=-y Sewer r=ens`on, Bid Identification 14 o.2C25 - (Project No.31056) . Contract b'.moun:. 5144 ,600; LrploE:ion, Underground & Collapse is included. **NAMED INSURED ON OWNERS & C01710P.hCTOF,S PROTECT:VE: CITY OF JET'FERSON, 7120 E. MCCAP.TI', JEFrEPSOINT CITY, MO 65161 CERTIFICATE HOLDER N ADDITIONAL INSURED:INSURED_ETTER: ::ANCELLATION 1j 1111y or � SHOULD AN% Or 7HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORL THE EX'—'PIRATIa _ DU,TE:THEREO;,THE ISSUIIJG INSIIREF!WILL ErIDEAVOr TO MAIL _i�I__.DAPS WRITTEN I City of Jefferson NOTICE TO THE CERTIPICATE HULDEF:NAMED TO THE LEr'7,BUT FAILURE TO DO SO SHALL Dept. Of COmmllni ty Development IMPOSE NO OBLIGATION OF:LIABILITY OF AN1'KIND UPON THE INSURER,ITS AGENTS OP. Attn: Mint Morascn 320 1;. MCCar--v REPRESENTATIVES. 1 Jefferson Ci tv MO E 51 C' AUTHQ� RcPRESENTATIVE 'ACORD 25. � S (7/97) c` COR,D•CORPORATION 1980 FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 2025 - Project 31056 - Charleston Place Sanitary Sewer Extension Community Development, Opened on July 23, 2002 BIDS RECEIVED: Temmen Excavating, ,Jefferson City, MO $136,767.68 Ken Kauffman & Sons Excavating, L,LC, Jefferson City, MO $144,600.00 J.C. Industries, Jefferson City, MO* $157,887.00 Don Schneiders Excavating, Jefferson City, MO $175,379.00 Stockman Construction Corp., Jefferson City, MO $178,500.00 Twehotrs Excavating, Jefferson City, MO* $185,091.00 Muenks Brothers Construction, Loose Creek, MO $200,909.00 Lehman Construction, California, MO $202,135.00 Sterling Excavation, ,lefferson City, MO $205,410.00 *Outside the corporate city limits of the City of'Jeff.erson FISCAL NOTE: 6400-9900-7310-0020 - Sewer Extensions Budgeted 2001-02 $ 365,884.00 Expended 4,953.63 Encumbered 9,1.52.00 Bid 2025 $ 144,600.00 Balance $ 207,178.37 PAST PERFORMANCE: Staf'believes that this bidder will complete the project as specified and bid. RECOMMENDATION: Staff recommends that the bid be awarded to the lowest responsive bidder, Ken Kauffman & Sons Excavating, Inc. of Jefferson City, Missouri, in the amount of$144,600.00. ATTACHMENTS - SUPPOWI'1NG DOCUMENTATION Tabulation of Bids, Departmental Recommendation Signature, . Purchasi g g nt Direc or, Cor nunity Development interoffice MEMORANDUM Date: July 26, 2002 To: Terry Stephenson Purchasing Agent, Finance From: Pat Sullivarr"'--� Director, Comr4ini Development Re: Charleston Place Sanitary Sewer, Project Number 31056 Bid Number 2025 The Community Development Department has completed a review of the bids opened at 1:30 pm on Tuesday July 23, 2002 for the above noted project, As part of the review all the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors, For your information attached to this memo is the tabulation of the nine (9) bids that were received for the project. Based on our review the Community Development Department recommends to not accept the bid of the apparent low bidder, Temmen Excavating, because all items in their bid packet were ® not completed. Temmen failed to complete the Anti-Collusion Statement, Contractor's Affidavit and the Minority Business Utilization Agreement. Attached are excerpts from the specifications (IB 7, I13-27, GP 46) clearly indicating all bids must be submitted on the prescribed forms and contain certain certifications and documentation. The Community Development Department recommends acceptance of the bid for $144,600 for the work included in the proposal for the project from Ken Kauffman & Sons Excavating, Inc. of Jefferson City, Missouri, the lowest responsive bidder. Expenses for the project will be charged to the following account: Account Number: Amount Available: Amount Required: 6400-9900-7310-0020 $352,567 $144,600 (Sewer Extensions) In addition to the above funding, $25,000 will be reimbursed to the City in accordance with the "City of Jefferson and Charleston Place Development Agreement" dated December 13, 2001. The agreement indicates $15,000 will be paid to the City prior to letting the contract for the work and the remaining $10,000 will be paid upon completion of the work. Tom Jones, Wastewater Utilities Division Director, is coordinating the collection of the Developer's funding contribution. If you need any other information please feel free to contact Matt Morasch, of my staff, at extension 453. PS:mm C: Rich Mays Tom Jones Jack Kramer Matt Morasch Central File R\2002jobs\Charleston Place Sanitary Sewer ExtensioMpurchasing memo.doc . t r which will perform adequately the duties imposed by the general design, subject to the approval of the City, I13-6 BID SECURITY Each bid must be accompanied by a certified check Or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. 16 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 i attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. IB-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. I13-9 APPROXIMATE QUANTITIES In cases where any part or all c` the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual F:%engineeringkWPDOCSIPROJECT12002 Projeds%Charleston Place Sanitary Sewer Extenslonmpd June 27,2002 �l r I replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or Order the work to be done by a third party, the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety Linder the terms of the Bond. I 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. b IB-23 WORK SCHEDULE r. ii To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 30 working days. I6-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their pourer of attorney. I13--27 -BID PACKET Each bid mupt be submitted on the prescribed forms and contain certain certifications and documentation. F:\engineering\WPDOCS\PROJECT12002 Projects\Charleston Place Sanitary Sewer Extension.wpd June 27,2002 W ft- 40 t b 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 i envelope addressed as follows: Purchasing Agent City of Jefferson, MO - 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the j project manual. This packet contains the necessary forms,-to be submitteA,, with the bid proposal. The contents of this packet include the following: 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT END OF INFORMATION FOR BIDDERS F:lenglnegring%WPDOCSIPROJECTUO02 ProjectsiCharleston Place Sanitary Sewer Extensionvpd June 27,2002 i . . j M AFFIDAVIT OF COMPLIANCE tonies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on ; prescribed form attached to the back of these contract documents i r GP-42 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the i Owner and every officer and agent thereof, from all(.iainis 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. i 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 ill writing that the product as supplied conforms fully with these specifications Such certification shall be delivered in triplicate to the Department of Community Developmentat 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 be 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 anyjob or service,the purchasing agent AMPII give preference to all firms, corporations or individuals which maintain offices or places of business in the corporate limits of the City of Jefferson, when the quality of the commodity or performance omised is equal or better and the price quoted is the same or less. GP-45 PREFERENCE FOR U.S__MANUFACTU.RED GOODS On purchases in excess of$5,000, the City shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. ,GP-46 AWARD OF CONTRACT - REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with th^ conditions of the Advertisement for bids and S)ecifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept sarne. The bidder to whom an award is made will be notified at the earliest possible date. 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