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HomeMy Public PortalAboutORD13433 BILL NO. 2002-63 SPONSORED BY COUNCILMEN Smith and Vogel ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FERCON CONSTRUCTION COMPANY FOR AMEREN UE PARKING LOT PROJECT NUMBER 31058. WHEREAS, Fercon Construction Company has become the apparent lowest and best bidder on the Ameren UE Parking Lot Project Number 31058 project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Fercon Construction Company is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Fercon Construction Company for Ameren UE Parking Lot Project Number 31058, 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 p s ge and approval. Passed: residing Officer ` " ayor ATTEST: APPROVED AS TO FORM: t � `City CI rk City Counselor `Z �� n to roffi ce. I MEMORANDUM Date: September 11, 2002 To: ;';Piiyllls Powell City Clerk From: Matt Morasch Engineering Design Supervisor Re: Ameren UE Parking Lot, Project Number 31058 Attached is an original signed copy of the contract document and certificate of insurance for the above noted project. If you need any other information for your records please let me know. Thanks... MM:mm C: central.file RIQ002jobsvameren UE Parking Lot\Phyllis Powell memo.doc 1 FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 2030 - Project No, 30158 AmerenU13 Parking, Community Development Opened on August 6, 2002 BIDS RECEIVED: Fercon Construction, Jefferson City, MO $ 61,890.00 Lehman.Construction LLC, Calilornia, MO $ 79,563.00 Concrete Engineering, LLC, Jefferson City, MO $ 84,906.00 Stockman Construction Corp., Jefferson City, MO $ 91,446.50 Aplex, Inc., Linn, MO $109,513.50 Twehous Excavating Co., Jefferson City, MO $110,224.90* Don Schneiders Excavating Co., Inc., Jefferson City, 1,10 $112,873.75 J. C. Industries, Inc.. Jefferson City, MO $114,457.36* I&I Works, Inc., Columbia, MO $130,238.00 *Not within the corporate City of Jefferson limits. FISCAL NOTE: 6400-9800-7310-0015 Wastewater Misc. - Non Reimbursable 2001-2002 Budget 0 Bid 2030 $ 61.890.00 Balance ( -$ 61,890.00) A supplemental appropriation will be requested. PAST PERFORMANCE: This bidder has not been awarded projects for the City in the past. Staff believes this vendor will complete the project as specified and bid. RECOMMENDATION: It is the recommendation of stafi'to award this bid to Fercon Construction Co of Jefferson City, Missouri in the amount of$61,890.00. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation Signatur�; (� Purchas ig ent Dire 'tor, C imunity Development 1 n to roffi ce MEMORANDUM Date: August 13, 2002 To: Terry Stephenson Purchasing Agent, Finance From: Pat Sullivan Director, Commu 't Development Re: Ameren UE Parking Lot, Project Number 31058 Bid Number 2030 The Community Development Department has completed a review of the bids opened at 1:30 pm on Tuesday August 6, 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 acceptance of the low bid of$61,890 for the work included in the proposal from Fercon Construction Company of Jefferson City, Missouri. Expenses for the project will be charged to the following account: Account Number: Amount Available: Amount Required: 6400-9800-7310-0015 $0 $61,890 (Wastewater Misc. Non-Reimbursable) To fund the project a supplemental appropriation will be required from surplus funds in the Wastewater Revenue Account 6400-0000-0995-9999 to the Wastewater Misc. Non-Reimbursable Account. 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 FA2002JobsWE Parking LoOpurchasing memo.doc NN W $ _. _ .�-. _ N (It N A W N O (D a+ V llt A W N -. 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OF �UBL1� WORKS � � } i) y r 5 ) ) Iti{rar 7J 1t t �aAU}, ij rt SPECIFICATIONS AND CONTRACT DOCUMENTS Y PROJECT NO. 31058 r ® Ameren UE Parking Lot ■ ���N�ei��eeee�e TRIC s — R ac� Jefferson City Department of Communi"ty Development July 2002 ` FACONTRACT DOCUMENTSQ1058-Ameren UE Parking!ot.wpd July 16,2002 i'. Ka �Pi r TABLE OF CONTENTS • Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form * • Bid Bond * • Anti-Collusion Statement • Contractor's Affidavit • Minority Business Enterprise Statement • Minority Business Utilization Agreement • Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification ' Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions tSpecial Provisions Attachments • Addendums ( If Any ) '. (*.INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) F,\CONTRACT DOCUMENTS\31058-Ameren UE Parking Lot,wpd July 16,2002 City of Jefferson Thomas A Rackers » - Mayor 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, August 5, 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. 31058, Ameren UE Parking Lot" will include the furnishing of all material. labor, and equipment to Rebuild a 90 x 100 ft. parking lot located at 101 Madison Street including lighting, landscaping and other miscellaneous work. A pre-bid conference will be held at 10:00 a.m., on Tuesday, July 30, 2002 in the Lower Level Conference Room of City Nall, 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 Fast McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty- Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is [fie lowest and best bid and to approve the bond. CITY OF JEFFERSON 4TeS p6e �'t i ' Purchasing Agent Publication Dates Sunday, July 21, 2002, FACONTRACT DOCUMENTSQ1058-Ameren UE Parking Lot.wpd July 15,2002 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, August 6, 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. 31058, Ameren UE Parking iLot" will include the furnishing of all material, labor, and equipment to Rebuild a 90 x 100 ft, parking lot located at 101 Madison Street including lighting, landscaping and other miscellaneous work. A pre-bid conference will be held at 10:00 a.m., on Tuesday, July 30, 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- Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must acco►rtpany 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 F1CONTRACT DOCUMENTS131058-Ameren UE Parking Lot.wpd July 16, 2002 INFORMATION FOR BIDDERS IB-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. 31058, Ameren UE Parking Lot" in accordance with the plans and specifications on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and equipment to rebuild a 90 x 900 ft. parking lot located at 101 Madison .Street including lighting, landscaping and other miscellaneous work. 113-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications, supplemental specifications, special provisions, and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All 1 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. I13-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract ' and to complete the work contemplated therein. 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 which will perform adequately the duties imposed by the general design, subject to the approval ' of the City. FACONTRACT DOCUMENTS131058 •Ameren UE Parking Lot.wpd July 16,2002 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, 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. tExtensions of quantities and unit prices shall be carried out to the penny. I13-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such tares. I13-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis ' of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only, Payment of the Contract will be based on actual number of units installed on the complete work, F1CONTRACT DOCUMENTS131058-Ameren UE Parking t-ot.wpd July 16,2002 1 IB-10 LUMP SUM ITEMS Payment for each lump sum item shali be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 31058, Ameren UE Parking Lot", IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing tirne for the receipt of bids. No bids received after the time set for opening for bids will be considered. IB-14 RIGHT TO REJECT BIDS The City reserve the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of ' Jefferson. IB-15 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. ' The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. FACONTRACT DOCUMENTS131058-Ameren UE Parking t-ot.wpd July 16,2002 1 IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided, IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. ' The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. FACONTRACT DOCUMENTS131058-Ameren UE Parking Lot wpd July 16, 2002 r 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 wit`iout giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 _NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for ' completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 40 working days. rIB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars($500.00)per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY ' Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. rIB-27 BID PACKET r Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. F1CONTRACT DOCUMENTS131088-Ameren UE Parking Lolmpd July 16,2002 r 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 r F:\CONTRACT DOCUMENTSM058-Ameren UE Parking Lotmpd July 16;2002 BID FORM Name of Bidder Fercon Construction Address of Bidder 2014 Clara Drive, Jefferson City, Missouri, 65101. To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a)the extend and ' character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f)the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies,equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, e and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in ' the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: F:\CONTRACT DOCUMENTS\31058-2-Ameren UE Parking l.ot.wpci August 12,2002 AmerenUE PARKING LOT ITEM UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 DEMOLITION J CLEARING / REMOVAL LS 1 $ (� s 2 SITE GRADING I_S 1 $ 51 $ 3 SULK-GRADE STABILIZATION TON 230 $ -$ 4 ROCK REMOVAL (MECHANICAL) CY 85 $ 5 3" THICK ROLLED STOI:F BASE_. SY 1135 $ � �® $ 6 TYPE "A" CURB & GUTTER f-IBER F: SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. Ron Holzem Backhoe Service TIME OF COMPLETION The undersigned hereby agrees to complete the project within 40 working days, 9 Y ac J subject to the stipulations of the regulations of the Contract and the Special Provisions, o and reed that if this bid is accepted, the ricer quoted above include It is understood agreed p p q all applicable state taxes and that said taxes shall be paid by the Contractor. P declares that the only persons or firms interested The undersigned, as Bidder, hereby y p in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: ® Fercon Construction ComPan 2014 Clara Drive Jefferson City�Missouri , _ ® 65101. It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of THREE THOUSAND NINETY FO_ UR DOLLARS AND FIFTY CENTS. ($ 3_,094.50) Dollars (cashier's check), make payable to the City of Jefferson. FACONTRACT DOCUMENTS\31058.2.Ameren UE Parking Lot.w1A August 12, 2002 Signature of Bidder:. If an individual,.--, ���- ,c� '�--- ..____. , doing Business Ifa partnership, _._......._ .__.....-__......-.__...__._. ..... ...._.__. ..__._ .__.__._.__.._._._.._....__._._� member of firm. by.. .. . If corporation,_..--..._._.._.._. ._ Title _ SEAL Business Address of Bidder ���( If Bidder is a corporation, sul4pl y the following information: State in which incorporated_ Name and Address of its: President r Secretary Date D r 2 1 FACONTRACT DOCUMENTS\31058-Ameren UE Parking Lot.wpd July 16,2002 BID BOND KNOW ALL MEN 13Y THESE PRESENTS, that we, the u n d e t s i g n e d, a S P r i n c i p a l, Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of for the payment of which, well and truly to be made, we hereby jointly and severally bind -.)L1fS(.-lV(2S, our heirs, CXOGLItOrS, administrators, SL1(X(,-SS01,13 and assigns. this clay of 200 The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made, a part hereof to enter into a contract in writing, for the project entitled: "Project No. 31058, Anieren UE Parking Lot" NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and fcr the payment of all persons per-forming labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept Such Bid; and said Surety does hereby waive notice Of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) SEAL Principal By: FACONTRACT DOCUMENTSQ105✓ -Ameren UE Parking l.ot.wpd July 16,2002 For the CBIC branch nearest you,call toll free: 131D BOND (HHH)23-zzaz (KKK)?.79a-22A2 fAX (Public Work) INSURANCE Premium: KNOWN ALL BY'rHI:SE PRESIsN'l;S, 'That wc, ,-r::F-R.CON- ONSSRUCTONL _ _�._ _ --_.I as Principal, and CONTRAC°I'ORS BONDING AND INSURANCE COMPANY, Surety, arc held and firmly bound unto CIIYOF,1EEEERS-C)N -__—____.._..-- Obligee, in the sum of.5°1.o.AM0IJN.T OF- Dollars Dollars($_5%_AM0_ NLOE_BID) Rrr the payment of which we bind ourselves, and our successors and assigns,jointly send severally, firmly by Ihcse presents, WHEREAS, Principal has submitted or is about to submit a bid to the Obligee on a contract For CONCRETE PABKfMLC2_T_B.Y_AMERENIJE.._—_-__ __.__ _-- - -- ------ NOW, 'THEREFORE, the condition of this bond is that if'Obligee accepts Principal's bid, and Principal enters into a contract with the Obligee in conformance with the terms of the bid and provides such bond or bonds as May be specified in the bidding or contract documents, then this obligation shall be void; otherwise the Principal and Surety will pay to the Obligee the difference between the amount of the Principal's bid and the amount for which the Obligee shall in good faith contract with another person or entity to perform the wort; covered by the Principal's bid, but in no event shall the Surety's and Principal's liability exceed the penal sum of this bond. Signed and scaled this 2 day of^___,A_U (Seal) 1'rincipa 1 lay: ' CONTRAC"I'ORS BONDING AND INSURANCE COMPANY At rncy-in-fact l _` '�. .�:• .� • ♦ ♦=.. •:: :••.: 1.•�. •mow •��. `••i•.�+.i•�•�%�'�i••O:iLT:•ti'i•:+�'•�::•:• :�:• r1 •••i:�• N.•�•�•,�,��:•'.,•:•�:i.•�• :•:`•.S°P���:•i•• •���. •%;��i�:�:�:•/:•:':•:.".j:•:tii=. i•:'t•CjJ' 1i•:•i•Siw nihi:•i•:•:r�':i•:'ii �i n;;•1••�i irii:nii�•�E•••i':ni•�:w�r�rn��;•:i:�i."•'.:r:�••:�••�Yr •:•:i11 ..i ��::,/ '•:td.•:a•:/0•:::.ii �''.•il:•Oiii Ito &.'.„I/.ii;i• .•.•li••.i;ii,'�N.•1',:•,•iS i"��ri'.0•,'•ai=t•1•,'iP••:• �'P.'il'i''ii7.tfi•1./�,: ii7rt'•.�iirSii=P/•4•iiiri�0 .�:.�i/:�.ya::lrr;:•:•;: j pi•''iN111t111;'=••11111111i/i'Ftd4 IIIIIIj;'=trllll•11.11;•tIJ 11►Ilr"'t4'111111111;'t{11111111/•;•'ti•111111111•='iillltlll/;•"ii111•Illhii"'111•Illlf•lii�'r�tl/11111•lii'ji(1•11111•l;i'i` �•�i:r •,�•.., IN us n; ;.�:, = RLA'U GAIt'CTIILLY to bc;ers �;�. ►nly,wifle the r,!,ild s/tecf/ir�l /rc�rc�i � �r"`�-.•::,. '•: _..� .:•: a_' 'f • . �s •...`. -:i• 1 places. This Power of Attoniey Is �.illi(l solely III (oollectloll Mill tlie e.xecutloii iiii(I delivery of the I)otid II the riumber lodiciiw(l i)0IOW, I)r0VWQ(I tile hOo(I is Of tile tyl)C iodi("'Ite(I IvIlow,illi(I is eilli(I only if tile ' KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: JAMES N. REICHARD and MARIE B. HOFFMAN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any •: provided, no person shall • _ authorized _ .�• (p 1•.� :•,•iY::� deliver obligate : portion • t a• 1 $10,000,000, and provided •i•iii••=_ 'further, that no shall have the authority to issue a bid or - :� �i•�• i!ijg1� ' undertaking• would be required sum in excess 1 1 1 1 1 1 1 consents, releases and other similar documents required by an obliges under a' ' •• •'• contract bonded by • •. (pl t;. .1�,.•.,a—.. —� ' fee •i;: = •Jn !::• _ .... �pl�it'-1 j C�•'��I .:::•'rho to '!!!!�=����If11114�=.��111111I��n..��1111111�� �,1/1/1/1►Ib.nJlll Ib.Jlll 1,nll 14• 1 11•nJ 1„ 1 1 1, / I '•1�,,,,`.•�'.e'••,.J.•,,%;P r.,_•'•.,,,o�1.:1•:I,�r�1••;1,,..;a: Y;�:.1S,,1.•i�•i„•�•.•�•.•.+;:'•;•.�n.i..•C,.•1.:.•,:•,•:•.:1;i.J1.•1.a.;w�•n•t•�:Y.•♦i;•i.,:�%:••,1,I�h1�•j•f:�•••�:::,••/:.%�1%�,��1;r1r:;•.••.•o l•i.i.,.,:i.:+i.l�•l�l h=;�.ti:;�/i%l•/1i:li�;fl•�l;�•.:';./.;•ai l,i il,i0i.il'i.,•;i;lr ii�i/,•�li:i il yii.•-�a-�l:1.1 11,•l,1.�:i;i:li;i•:li;i:ll:hl•i;.:•••i i/i.i,i 11 a•f•�.�t4.•� S�,1I 1 111 ,/. i 1 ,/I:: •Q ......, 1N1�:;;,T••P��,�'••.r',)I •� l, ••o ••oar•••i n•:�•e r::��ico�n�::•.•�s by•••� h .,� %S•.:�::`-! r..�'i• •• •��.• • 4•• ti..•.•••,i:•�::•:.:h:.:” •.• �r�•:• r.. Y•a Ne :^':s.ri• .1 :i r�•i• ::��: •+ nr••• r eo,e•':�� •Y:o. d• ANTI-COLLUSION STATEMENT STATE OF COUNTY OF 1 duly sworn, deposes and says that lie is OF PERSON SIGNING -JUAA ,�-.�k:L�/,t-,,L�. NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreenlent, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with Such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. , 1 , 1 . ra Sworn to before me this day of 6-LL UJ-( 200 c2—_ __ ___-7- ___ NOTARY-qPABLIC PATRICIA A. OIDTIVIAN Notary Puhlir,•Notary Seal STAU U 11'OURI COLT C,("'Uiq ry My commission expires: My Commission Ewes: "a I,, I'll 1 FACONTRACT DOCUMENTSQ1058-Arneren UE Parking Lot.wpd July 16,2002 1 CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a [)art of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF COUNTY OF Ss The undersigned, of lawful age, being first duly sworn states upon oath that fie is of the contractor submitting the attached bid, that lie knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. AFRANT Subscribed and sworn to before pe a Notary Public, in and for the County and State aforesaid, this v day of 20 0� NOTAR ' PUBLIC I 'j p, & 0 IITC ID'I'MiAN Nouv,,, IIWAC,-(40tary seal COLE C06NI'Y My Commission Expires:__ MY Commission Expires: ma FACONTRACT DOCUMENTSQ1058•Arneren UE Parking Lot.wr)d duly 16, 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 submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. 3. Qualified small, women owned, and minority business will be included on SOliritation lists as sub-contractors for City supplies, services, and construction. 4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources. 5. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. G. 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 Smail 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 Community Development. FICONTRACT DOCUMENTSQ1058 Ameren UE Parking 1.0t.wpd July 16, 20U2 MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least two (2) % of the contract, if awarded, for Minority 131.1sinoss Enterprise (MBE). For purposes of this goal, the term "Minority Business I.-Hriterprise" shall mean bl-lsil"ICSS: 1 , Which is at least 51 percent owned by one or more minorities or women, 01, in HIC! G ISC! Of r] [)Lll)ll(.Iy owned hiisiness, at le,ist 51 percent of the stock of which is owned by one or nicife minorities of women; and 2. Whose nianagefiiemtand(J(',Iily hLlSill(-,SS operations are controlled by one or more Such illdiVid(.1,11S, "Minority Gf-OLJI) Member" or "Minority" means a person who is a citizen or lawful permanent resident of th(*., United States, and who is: 1. Black (a poison 1mving.- origins in any of the black facial 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 person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands)-, 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America): 5, Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)]. 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors, subcontractors, or Suppliers. FACONTRACT DOCUMENTSM058-Arneren UE Parking Lot.wpd July 16,2002 B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority-firms // Parrticip @tion /Q Partic0ation 466 5o Total Bid Amount: Total: .----. otal: .- Percentage of Minority Enterprise Participation:____?5� 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 usiness Enterprise firms will be furnished b the Y P Y City of Jefferson. The bidder wi11 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. i - NAME 6F A iORIZED OFFICER DATE ' SIGNATURE OF AUTHORIZED OFFICER FACONTRACT DOCUMENTSQ1058-Ameren UE Parking Lot.wpd July 16,2002 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. 31058, Ameren LIE Parking Lot 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 — Y NOTARY PUBLIC M commission expires:Y P STATE OF MISSOURI ) ' ) ss COUNTY OF ) 1 FACONTRACT DOCUMENTSW058-Ameren UE Parking l_otmpd July 16, 2002 t � o 0 Missoun Division Of Labor Standards WAGE: AND HOUR SECTION �✓ V o'� 417 MIVN i ' BOB HOLDEN, Governor Ij Annual Waqe Order No . 9 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been 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 1 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(l). A certified copy of the Annual Wage Order has been filed will, the Secretary of S to of Missouri. RECEIVED & FILED Coll en A. Baker, Director ' MAR 0 8 2002 Division of Labor Standards Filed With Secretary of State: SEro rARY-OF" A I M ' GUM�ISSIONS DIVISION APR U 8 2002 :Last Date Objections May Be filed: ._,. Prepared by Missouri Mpartlnent of Tabor and Indufstrlal Relations Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County _ ec ive Basic-, ver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates Asbestos Worker $27.91 55 60 Boilermaker _ - _$ 4 _24.66 57 7 $11.6 Bricklayers-Stone r ason M _ 6/02 _ _ $23.00 - 59 -� 7 $6.40 Car enter $18.63 60 15 $7.01 Cement Mason 4102 $17.81 _9_ 3y _ $7.65 Electrician Inside Wireman _ $2.2.50 28 �7 $8.45 + 13% Communication Technician e USE ELECTRICIAN (INSID- WIREMANj Elevator Constructor 7,02_ a $29,545 26 54 $8.665 _ Operating Engineer _ Group 1 _ _^ 5/02 $22.27 _ 86 66 - $12.26 Group Grou II 5/02 $22.27 86 66 $12.26 Group 111 5/02 $21.02 86 _66 _ $12.26 Group III-A _ 5/02 - $22.27 86 66 $12.26 Group IV _ 5/02 - $22.97 86 66 $12.26 Group V 5/02 _ $24.27 86 66 $12.26 Pipe Fitter 7/02 b $28.75 91 69 $12,08 ' Glazier _ _ $12.25 FED _ $2.02 Laborer(Building): _ General _ $15.80 110 7 $6,40 First Semi-Skilled $16.90 110 7 $6.40 Second Semi-Skilled $16.80 110 7 $6.40 Lather USE CARPENTER RATE Linoleum Layer& Cutter USE CARPENTER RATE Marble Mason 6/02 $23.00 59 7 $6.40 Millwright _$19.63 60 15 _ $7.01 Iron Worker _ $20.56 11 8 $11.29 Painter $17.69 18 7 $5.08 Plasterer - 4102 $17.08 94 5 $7.19 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 6/02 $23.00 59 7 $6,40 Tile Setter 6/02 $23.00 59 $6.40 Truck Driver-Teamster _ Group 1 _ $18.90 101 5 $4,50 Group II _ $19.60 101 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 Well Driller USE BLDG CONST. ENGINEER GROUP II RATE - Welders-Acet lene& Electric Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at 1-800-475-2130. `'Annual Incremental Increase ' 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.9 7/02 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes Eff ective Basic 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. acation: Employees over 5 years - 8%; Employees under 5 years - G% - All work over$3.5 Million Total Mechanical Contract - $28.75, Fringes - $12.08 All work under$3.5 Million Total Mechanical Contract - $27.41, Fringes - $10.33 "Annual Incremental Increase ANNUAL WAGE ORDER NO, 9 7/02 CU1,F.CUl1N'1'1' OVh;li'1'I(�11? I2A'I'1?S 13UILUING CONSTRtx.I.1(.)N FED: Minimum requirement her Fair Labor Stut(lards Art means time and orrctralf(I `%,o)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.nt. (and resulting quilting time of 4:3(j).m.) may be Mooed forward to 6:00 a,m. or delayed one hour to 9:00 a.m. All work ImImmed in excess (if' tile regular work day and on Sat►u-day shall he compensated at one and onchalf(1'.%m) times the rcgular pay. In the event time is lost during the work mck due to weather conditions, file Fillployer may schedule work on the following Salmday al straight time. All work accomplished on Sunday and holidays shall hr cott►pensated for at double the regular rate ofwages. The work week shall be Nionday through Delay, except I'M midweek holidays. NO. 11: N9cans ciplit (8) hours .hall conslilule a clay's work, with the starting little lo he established between 7:00 a.m. and 8:00 ant. from Monday to Friday. frntc and onehalf' (111'�, ) shall he paid lot first two (2) hours t) overtime Monday through Friday :►trd the firs; ctg,ht (8) hours on ~:+bridal'. All other overtime hours Monday 1 through Saturday shall be paid al douhlc (2) tints rats. Double (2) lime shall he paid for Al tittle on Sunday and recognized holidays or the days d)scrvccl in lieu uf'tltese holidays. NO. 12: Means the work week shall conunenrc on Monday at 12:01 a.m. and shall continue through file following Friday, inclusive of each week. All work performed by employees anywhere in excess (,f'forty (40) hours in ofil) work week, shall be paid for at the rate of one and ondtalf(I`.!„m) times the regular hourly wage scale. All work performed within the rcgular working hours which shall consist of it ten (10) hour work clay except in emergency situations. Overtime work ind Saturday work shall be paid ;it one and onehalf(I%o) times the regular hourly rate. Work oil recognized holidays and Sundays shall be paid at two (2) times the regular hourly rate. NO. 18: Means the regular work day shall be eight (8) hours. Workin j►ours are from six (6) hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday %Ailbe paid at lime and one-half(1%0). Sunday and I folidays shall he paid at double (2) lime. Saturday can be a makup day if'the weather has forced a day off, but only in the week of the day being lust. Any time before six (6) hours before Noon or six (6 hours alter Noon will he paid at tittle and ondial1 (I Y60). NO. 26: Mcans that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. I lours of work at each jrsite shall be those established by the general contractor and worked by the n►ajot-it), of trades. (the above working hours may be changed by mutual Agreement). Work performed on Construction \'fork on Saturdays, Sundays and before and after the regular working day cn Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single lime. The rate of pay for all work performed on holidays shall be at two limes (2) the single time rate of pay. NO. 28: Mcans eight (8) hours between 7:00 a.m. and 5:30 p.m. shall constitute it clay's work five (5) days a week. Monday through Friday inclusive, :hall constitute a work week, The Employer has the option for it workday/workweek or tOur(4) ten (10) hour clays(410's) provided: -The project must be fire a minimum of lour(4)consecutive days. -Starting little may be within one (I) hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecudw work day. (Alternate: If a holiday fills in the middle of a week, then the regular eight(8) hour schedule may be implemented). -Any time worked in excess of any tell (10) hour work day (in a 410 hour work week) shall be at the appropriate overtime rite. All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one & one half(l%o) 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 hdidays shall be paid at double(2) the straight time hourly rate of pay. ANNUAL,WAGE ORDER NO. 9 AW1*16 ando(: Page I of 4 Pages 1 COI.IS COUN'T'Y OVEIZ'TIN1E IIATES 131.11[.I)IN(: CONS'I'ltl)C,I'ION NO.33: Means the standard work day shall he 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 (o the gactice on fhe ,job site. lour (4) days at ten (10) hours a day may he worked at straight time, Monday through Friday and need not be consecutive. All overtime, except for Sundays ,Ind holidays shall he at the rate of time and onbalf,(I"bo), Overtime workd rot Sundays and holidays shall be ;If double (2) time. NO, 35: Means the normal work week shall consist of hoc (5) eight (8) hour dais for a total forty (40) hours. starting on Monday at 8:00 a.nt. and ending on Friday al 4:30 p.m. I he starling time u,be flexible hetween 6:00 a.m. and 8:00 a.nt., and ending of 2:30 p m. respectively. All w,,rk hcfilre (Icsipfiatcd slarfiny time and aftet quitting tintc shall he paid al file rate of'time and ondr,Ilf( 1'....). All work in the excess of*cif,ht (8) hours per clay or forty (40) hours per week Monday throu th Friday, shall he parr) for at the tat(_- of'time and onbal l'(I"00). All hours worked on Safurdays, Sundays, or I Iolidays shrill he paid at the double (2) time rate. NO. 40: Means the rcfntlar working, week shall coni,;t of five (5) consecutive (8) hour days' labor on 1he joh beginning with Monday and ending with Friday of each week. Four (4) laour days may constitute the regular work week. The regular working day shall consist of eight (8) hours labor on the jobdginning as early as 7:00 a.m. and ending as late as 5:30 p.m. All full or part time Iabrlr performed during such hours shall be recognized as regular working hours and paid for at the regular howdy rate. All hours worked on Saturday and all hours worked in excess of eight (8) hours but not more than twelve (12) hours dining the regular working week shall be paid for at time and ono-half'(1?bo) the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (12) hairs 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 "ntakaup" day. Saturday may also be dcsignacd as a "make-up" day, For an employee who has missed a day of work for personal or other reasons. Pay for"makup" days shall be at regular rates. NO. 48: Means the regularly scheduled work week shall he five (5) consecutive days, Monday through lri� or Tuesday through Saturday. Fight (8) hours shall constitute a day's work. Starting time shall not be earlier than 7:00 a.m, nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work, Overtime al the rate of time and one-half(1%o) wll be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work perforated on Saturday will be time and onbalf(I°0o) unless time has been lost during the week, in which case Saturday will be a nuke up day to (he extent of' the lost time. On the 'Tuesday through Saturday schedule, all work perforated on Monday will be time and onbalf'(1"bo) unless time has been lost during the week, in which case Monday will be a ntakaup day to the extent of the losltintc. Any work performed on Sunday will be double (2) time, If employees work on any of Ilse recognized holidays, they shall be paid time and onehalf(1!%0(i)their regular rate of'pay Inc all hours worked, NO. 55: Means the regular work day shall be eigh (8) hours between 6:00 a.m. and 4:30 p.m. The first two (2) hours of work performed in excess of the right (8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one &, ondtalf(I(,,)o) times the straiAt time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall he paid at double(2) the straight time rate. NO. 57: Means eight (8) hours per day shall constitute a days work and foty (40) hours per week, Monday ' through Friday, shall constitute a weeks work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight (8) hours, Monday through Fridty, all tints worked on Saturday, shall be paid at the rate of time and ortdtalf (I %o) except in cases where work is part of an employees regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2) time rate ofay. ANNUAL WAGE ORDER NO.9 AW9126 OT.doc Page 2 of 4 Pages CO[,1?,CO[1N't'1' f)VI;R'I'[1Tf: RA'I'DS BUILDING CONSTRUCTION NO. 59: Means that except as herein provided, eight (8) hours if day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All tittle worked outside of(he standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of little and onhalt'(I%(,). All little worked on Sunday fit(.] holidays shall be classified as overtime and paid at the rate of double (2) time. 'file I:ntploycr has (he option of working either five (5) eight her days or four (4) tell hour days (o constitute a normal fiorly (40) hour work week. When the four (4) tenhour work week is in cl'I'CO, the standard work day :hall be consecutive Wit (10) hour periods between the hours of 0:30 a.m. and 6:30 p.m. Fortv (4f)hours per week shall constitute it weeks work, Monday Ihrough 'I'llmsday, inclusive. In (he event the,lob is down fire any reason beyond the I:nlploycr's control, then Friday and/or Saturday nay, m the option of the Firiployer, be %vorkcd as a mailp dav; straight time not to exceed Ira (10) hours or livty 00) hours per week. Whorl life five clay(8) hour work week is in el'I'ect, forte (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the evcut the joh is down For any ream heyund the Employer's Control, then Sa(urda}' may, at the option 01' (11C Employer, he worked as o makeup day: stlaight tine nut to exceed eight (8) hours or forty (40) hours per week. The regular starting time (and resulting quitting tinge) miry he moved(t 6:00 a.m. or dclayc(I to 9:00 a.m. Maki up days shall not he utilized liar days lost due to holidays. ' NO. 60: Mcans the Employer shall have the option of working five ,910111' days or lilur I(>•hour days Monday through Friday, If an Firiployer elects to worklivc 8-hour days during any work week, hours worked more than eight (8) per day or Forty (40) per week shall be paid at time and ondmIf'(I%(,) the hourly wage rate plus fringe benefits Monday through Friday. SA'TUIZUAY MAKkUP DAY: 11'an Employer is prevalted front working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain or mud), Saturday of- any part thereof may be worked as if makeup day at the straight time rate. It is agreed by the parties that the make-up day is not to be used to make up time lost clue to recognized holidays. Han Employer elects to work four 10-hour days, between the hours of 6:30 a.m. and 6:30 p.m. in any week, work perforned more than ten (10) hours per day or forty (40) hours per we(k shall be paid at olio and one half (1%,o) the hourly wage rate plus fringe benefits Monday through Friday. 11' an I:nlployer is working 14u,ur days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. fiday 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 onehalf(I 96o) the hourly wage rate plus fringe benefit:;. All Millwright wor>lcrfornted in excess of the regular wot1, da;, nail art tiahrrdav shall be compensated for at little and orimlf (I'%O) the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 a.m. (and resulting quitting time o1'4:30 pal.) may be moved tbr-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 frige benefits. NOTF: All overtime is computed on the hourly wage rate plus all 111101.1111 equal to rile fringe benefits. ' NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two IlOUIS or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and of1mII'(1%(,) of the hourly rate plus an amount equal to onehalf (%0) of the burly 'Total Indicated Fringe Benefits. All work ' performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO. 91: Means eight (8) hours shall constitute adays work commencing at 8:00 a.m. and ending at 4:30 p.nl., allowing one-half(1/2) hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular work week shall consist of fdy (40) hours of five (5) work days, ' Monday through Friday, 'File work week may consist of four (4) ten (10) hour days from Monday through Thursday, with Friday as a makeup day. U the make-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid double (2) time lbr work performed before the regular starting time or after the regular quitting time or over eight (8) hours per work week (unless working a Dour work day, then ' double (2) time is paid for workperfornied 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) tinge rate of pay. ANNUAL WAGE ORDER NO.9 A W 9026 OT.doe Page 3 of 4 Pages ® CO[.1:C.'OUN'I'l'OVI,:It'I'[i11E [tA'1'I:S fill ILDING CONSTRUCTION NO. 94: Means eight (8) hours shall consti(tile a days work betwcn 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.m.) may be moved forward to 6:00 a.m. or delayed oils (1) hour to 0:00 a.nl. All work performed in excess of' the regular work day+nd on Saturday shall be compensated al one and onellalf( times the regular pay. In the event time is lost during the work week (file to weather conditions, the Fnuployer may schedule work on the following Saturday at straight time All work acconlplislcd on Sunday and holidays shall be compensated al double the regular rate of wages. NO. 101: Means that except as provided below, cighl (8) hours a day shall constitute a standard work day, and lbrty(4(I) hours per week shall constitute a week's work, Whh shall begin on Monday and end on Friday. All lime worked outside of the standard work day and on Saturday shall he classified as overtime ,rod pail the rate of (line and (except as herein provided). All (title worked on Sunday and recognie!_•holidays shall be classified as overtime and paid at the rate of douhle (2) lime. 'lire regular starting bole(and resulting quitting time) may be moved forward two(2) hours to 6:00 a.m. or the starting lime(and resulting quilting tiros) may he delayedre(I)hour to 9:00 a.m. The I:nlploycr has the option of working either live (5) eighlu,ur days or fine (4) Ieoliour days to constinite it normal forty(40) hour work week. When a four (4) lenhom day work week is in effect, the standard work day shall ncConucutivc tell (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty(40) hours per week shall constitute a week's work Monday, through Thursday, inclusive. In the cvcnl file •joh is down for anv reason beyond the Hinployer's control, tl>Eriday and/or Saturday may, at the option of(lie F.nlploycr, be worked as ❑ niakup day; straight tint not to exceed ten (10) hours per day or forty(40)hours per week. Starting time will be designated by the employer. \Vhcn the live(5)day eight (8) hour work week is in effect, forty (40) hours per week shall constitute a weeks work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the 1mploycr's control, then Saturday may, at the option of the Employer, be worked asa make-up day; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. rNO. 110: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constirua a work day. The starling tinge may be advanced one (1) or two (2) hours. E'nlployecs 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 commence at 8:00 a.m. and end at 5:00 p.m. Tlic workweek shall commence at 8:00 amt. on Monday and shall end at 4:30 p.m. oil Friday (or 5:00 p.m. on Friday if'the Employer grants a lunch period of one (I) hour), or as adjusted by starting little change as stated above. All work pd'ornled before 8:00 a.m. and after 4:30 p.m. (or 5:00 p.m. where one (f) hour lunch is granted for lunch) or as adjusted by starting time change as stated above oi• on Saturday, except as herein provided,shall be compensated at one and onhalf(I(/'6o) tiniesthe regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double (2) the regular hourly rate of pay for the work performed. 1 f an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a makeup day at the straight time rate. The Employer shall have (he option of working five eight (8) hour days ai four tell (10) hour days Monday through Friday. It'an Employer elects to work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (4 0) hours pet- week shall be paid at time and onehalf(I%o) the hourly iateMonday through Friday. If an I:nlployer elects to work four (4) ten (10) hour days in any week, work performed more Ihan tell (10) hours per day or forty (40) hours pet- week shall be paid at lime and onehalf (1%0) the hourly rate Monday through Friday. Ifin Employer is working ten (10) hour days and loses a day (tile to inclement weather, they may work ten (10) hours Friday at straight lime. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at ' the straight time rate, but all hours worked over (lie fort;; (40) hours Monday through Friday will be paid at time and one-half(1%0) overtime rate. ANNUAL WAGE ORDER NO,9 AW9026 OT.doc Page 4 of 4 Pages ® COLE COUNTY HOLIDAY RA'I'D SCI IFDULL, BUILDING; CONSTRUCTION NO.3: All work done cm 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 hay. Whenever any such holidays fall on a Sunday, the following Monday shall be obserml as a holiday. NO.4: All work done on New Year's Day, Men►otutl Day. Independence Day, Labor Day"l,ll inksgiving and Christmas Day shall be paid al the double little rate of`hay. 11'atly of the above holidays ['1111 on Sunday, Monday will ' be observed as the tcrognved holiday. II'any ol`Ihc ,rbo�e holidays tall on Saturday, Friday will be observed as the recognized holiday. NO. 5: All work that shall be done on New Year's Day, Nlelllm;al Day, Fourth of .illy, hi, :,r Day. Veterans Day, I'llanksgiving Day,and ('Irrlslnlas Daly shall be paid al the double(2) little rate(&pay. NO. 7: All wort; clone on New Year's Day, itilclnorlal Day, Independence Day, Labor Day, Vetcr:m's Day, Thanksgiving Day, and Christmas Day shall be Imid al the double tittle talc otpay. Il'a holiday falls on a Sunday, it shall be observed on the Monday. 11'a holiday falls on it Saturday, it shall be observed oil the preceding Friday. NO.8: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,and Christmas Day, or days observed as such,shall be paid at the double time rate of'pay. The Friday following'Thanksgiving will be worked al the Employers option. Ifworked, it will be al the regular hourly rate of pay. ' NO. 15: All work accomplished oil the recoE,,nixed holidays of New Year's Day, Decoration Day (Memorial Day), Independence Day(Fourth of July), L.ahor Day, Vetl'rinls Day, 'Thanksgiving Day and Christmas Day,or(lays observed as these named holidays,shall be Compensated 1,01-al double(2)the regular hourly rate of wages plus fringe benefits. If holiday falls on Saturday, it shall be observed on the preceding Friday, 11'a holiday falls on a Sunday,it shall be observed on the following Monday, No work shall be pet-116mled on labor Day, Christinas Day, Decoration Day or Independence Day except to preserve hile or property. NO. 19: All work done on New Year's Day, Memorial Day,July 4111, Labor Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate ol'pay. The employee 'llay take offl-'riday 16110%ving I'hanksgiving Day. However, the employee shall notify his or her Foreman, General Forenlan or Superintendent on the Wednesday prece(ing"thanksgiving Day. When one of the above holidays falls on Sunday, the following Monday shall be considered the holiday and all work performed on said clay 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 clay shall be at the double(2)time rate. NO. 23: All work done on New t'ear's Day, Memorial Day, Independence Day, I"Ibor Day, Veteran's Day, Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and shall be paid at the double tithe rate of pay. When if holiday falls on Sunday, the following Monday shall be considered a holiday. NO.49: The hollowing days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day,'I'1►anksgiving Day,Christmas Day, E'mployee's bu-thday and two(2)personal days. The observance ofone(1)of ' the personal days to be limited to the time between December I and March I of the Following year. 1 f any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these hAidays tall on Saturday,the preceding Friday will be observed as the holiday. I f employees work on any of lhesc holidays they shall 1 be paid time&one-half(HAm) their regular rate of pay F01-all hours worked. NO.54: All work done on New Year's,Mem(rial Day, Independence Day,Labor Day,'I'hanksgiving Day, the Friday ' after Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of'pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls out Sunday, it shall be observed on Monday. NO.60: All work perfornlcd 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 tinge rate of pay. No work shall be performed on Labor Day except when triple(3) tinge is paid. When a holiday falls oil Saturday, Friday will be observed as the holiday. When a holiday falls oil Sunday, the i1ollowing Monday shall be observed as the holiday. ANNUAL WAGE ORDER NO.9 AW9026 hdy.doe Page I of 2 Page COLE COUNTY HOLIDAY RATE SCHEDULE BUILDING CONSTRUCTION NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of Ncw Years Day, Decoration Day,Fourth of July, Labor Day, Veterans 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 any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO. 69: All work performed on New Years Day, Deconuion Day,July Fourth, Labor Day, Veterans Day, I'hanksgiving Day or Christmas Day shall be compensated at double(2)their straight-time hourly rate of pay, Friday after 'iluatksgiving and the day before Christmas will also be hu{iduys,but i f the employer chooses to work these days, the employee will be paid at straight-time raw of pay. If a holiday fulls on a Sunday in a particular year, the holiday will be observed on the Rallowing Monclav, NO. 71: All work performcd on the I61lowing recognized holidays shall be paid at the double (2) time rate ofpay, New Years Day, Presidents Day, Ciood Friday, MC11101-ial Day,July the Fourth, Labor Day, Veterans Day, •I hanksgiving Day, Day after Thanksgiving and Christmas Day. Ifa holiday falls on Sunday,it shall be celebrated on Monday, If a holiday falls on Saturday, it shall be celebrated on the Friday preceding such Saturday. I I I I r r ANNUAL WAGE ORDER NO, 9 AW9026 hdy,doc Page 2 of 2 Page Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE Count *Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates CARPENTER Journeymen _ 5/02 $23.63 7 16 $6.99 Millwright 5/02 $23.63 7 16 $6.99 Pile Driver Worker 5/02 $23.63 7 '16 $6.99 OPERATING ENGINEER Group 1 5/02 $21.35 21 5 $12.23 Group II 5/02 $21.00 21 5 $12.23 Group III 5/02 $20.80 21 5 $12.23 Group IV 5/02 $17.15 21 5 $12.23 Oiler-Driver 5/02 $17.15 21 5 $12.23 LABORER eneral Laborer 5/02 $20.20 2 4 $6.40 Skilled Laborer 5/02 $20.80 2 4 $6.40 TRUCK DRIVER-TEAMSTER Group 1 5/02 $22.52 2 4 $5.50 Group 11 5/02 $22.68 2 4 $5.50 Group 111 5/02 $22.67 2 4 $5.50 Group IV 5/02 $22.79 2 4 $5.50 ' For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. a *Annual Incremental Increase ANNUAL WAGE ORDER NO. 9 7/02 C:OL It's COUNTY OVh;i2'I`iME RATE SCHEDULE iIEAVY CONSTRUCTION NO. 2: Means a regular work week of forty (40) hours will start on Monday and end on 1-riday. The regular work day shall be either eight (8) or ten (10) hours. if a crew is pt'evcntcd from working; forty (40) hours Monday through Vriday, or any Dart thcrd�)by reason of iriclenicilt weather, Saturday or ally part thcrcof rllay he wor'kcd its a illakup day at the straight tirric raft to complete forty (40) hour:~ of work in a week, Fnlployces who are part ot'a regular crew oil a makeup day, im(withstaiiding tlic fact tht they rllay not have been employed the entire week, Shall work Saturday at the straight time rate. Time & one-half(l 60) shall he paid for all hours in CxcCSS ol'Cight (8) hours per (lay (if working 5-8s) of tell (10) hours per day (if working 4-10s), ter forty (40) hours per week, Monday through Friday, For all tittle worked on Saturday (unless Saturday or any portion of said day is worked as I makeup to complete linty hOLIVS), tints NIld onelrall' (I(mo) shall he paid. NO. 7: Means the regular work week shall stmt on Monday and cnd on Friday, except where the Employer elects to work Monday through Thursday, tell (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate o1 one and onehalf(M) times 010-Cgular hourly rate. The I'Cgular work day shall be either eight (8) or ten (10) hours. 1 f a job can't work forty (40) hours Monday through Friday because of incleirient weather or ether conditions beyond the control of the inlploycr, Friday or Saturday maSbC worked as a -Make}up day at straight ' time (if working 4-1 O's). Saturday may be worked as a makeup day at straight time (i1' working 5-8's). Makc-up days shall not be utilizCCI for days lost fi'onl holidays. Except its worked as a makeup day, time on Sall.u'day shall be worked at one and onehalf(1%,o) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as Such, shall also be paid at the double (2) time rat; of'pay. NO. 21: Means the regular work week shall consist of live (5) eight (8) hour days, Monday through Friday. The regular work day for which employees shall be compensated at straight time hourly rate oi'pay shall begin at 8:00 a.m. and end at 40 p.m. However, the project starting tinge may be advanced or delayed at the discretion of the Employer. At the discretion of the t nlployer, when working a live (5) day eight (8) hour schedule, Saturday may be used for a makeup Clay. 'file Employer may halve the option to schedule his work front Monday through Thursday at tell (10) hours per (lay at the straight time rate of pay with ail (lours in excCSS of'tcn (10) hours in any one day to be paid at the overtime rate of time & onehalf(1 %0). if the Employer lects to work from Monday through Thursday and is s(ol)l)Cd dtlC to Cir'CtIMStanccs beyond his control, Ile shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty (40) flours per work week. Workmen shall be paid ne & ono-half(i Yoo) times the regular rate ofwages for all hours worked in excess ofeight (8) hours per day (if working 5-8s), or tell (10) hours per day (if working 4-I Os), or forty (40) hours per work week Monday through Friday (if working 58s) or M onday through Thursday (if working 4-1 Os). Unless used as make-up days to complete forty (40) hours per work week, time and one half(1 %o) shall be paid on Saturday (when working;%s) and on Friday or Saturday (when working 4 J Os). Sundays and holida ys shall be paid at the rate of double (2) time the regular rate of pay. AW9026 hvy ot.doc ANNUAL WAGE ORDER NO. 9 Page I on 1 COLE COUN'rN, 1101.,11)AY IZA'TE,SCIIEDULI: - 11EAVY CONSTRUCTION NO. a: All work perflorrned on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as sueh, shall be paid at the double time rate of pay. Whcn a holiday calls on a Sunday, Monday shall be observed. NO. 5: The following days arc recognized as holidays: New Years 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 preccciing, l-riday. No work shall he pC1.1,61-nred on Labor Day except in case of jeopardy to work Wider construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week. Monday through Friday, it shall he counted as eight (8) hours toward a forty (40) hour wcck; howcvur, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate ol'pay fir such work. The above shall apply to the four I0s Monday through 'hhursday work week. The ten (10) hours shall be applied to the forty (40) hour work wcck. NO. 16: The following days are recognind as holidays: New Years Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. Ifa holiday falls on Sunday, it shall be observed on the following Monday. Ifa holiday 11I11s 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 forty (40) hour week; however, no reimbu►-scmcnt for this eight (8) hours is to be paid to the worker unless worked. I f workers are required to work the above recognized holidays or days observed as such, they shall receive double (2) the regular rate of'pay IOr such work. r t aw4026 hvy hol.dm ANNUAL WAGE ORDER NO. 9 Pap I of I OU'T'SIDE ELEC'T'RICIAN These rates are to he used for the; following;counties: Adair, Audrain, Boone, Callaway, Camden, Carter, Chariton, Clark, Cole, Cooper, Crawford, Dcnt, Franklin, Gasconade, I loward, I lowcll, Iron, Je11erson, Knox, Lewis, Lincoln, L illpm lcoll, Maries, Marion, Miller, Moniteau, N'10111-oC, Montgomery, Morgan, Oregon, Osage, Perry, Phelps, Pike, Pulaski, Putnam, Ralls, Randolph, Reynolds. Ripley, St. Charles, St. Francois, St. Louis City, St. Louis County, Ste. (icnevieve, Schuyler, Scot land,Sharl[loll, Shelby, Sullivan, 'I'exas, Wan-en, and Washington (:O1\•11t7h;IZCIA1, NVURI< --- -- Occupational Title --- .._.._____..-----------Basic - -_. Total----,_._- llot.lrly _ ltrlte Benefits Journeyman Linenl_an _ _ _ $27.48 _ _ x;2.45 + 41.3 0/0 Lineman O lerator ~�-- -__ —_ $24•60_—__— _ — $2.45 -t- 41.3% �- Groundman $19.47 $2.45 +41.3% U'1'TLI'I'Y WORK Occupational Tiitic �_---— ---Basic_ _ 'Total _-- __-- — ----__—_I lourly Rate Benefits Journeyman lineman _ --- — —$26.47 _ _ _— $2.45 -i_37.3% Lineman Operator _ _--- $22:85_--- — — _— $2.45 + 37.3% Groundman 417.67 $2.45 + 37.3% OVERTIME RATS?: Eight(8) hours shall constitute a work day between tile 11otlt5 of 7:00 a.m. 'old 4:30 p. n. Folly(40) flours within five(5)days, Monday through Friday inclusive, shall constitute the work week. Work perfomled in the 9th and I Oth hour, Monday through Friday, shall be paid at time and onehalf(I%o) tic regular straight time rate of pay. C01111-actor has the option to pay two(2) hours per day at the time rend one-half(I%o)the regular straight time rate of Clay between the hours of6:00 a.m. and 5:30 p.m., Monday through Friday. Work performed outside the regularly scllcdulCd working hour's and oil Saturdays, Sundays and recognized legal holidays,or clays celebrated as Such, shall be paid for at the rate of double(2)time. HOLIDAY RATE: All work perfor•rned on New Year's Day, Memorial Day, Fourih of'Ju.ly, LaboDay, Veteran's Day,'I'llanksgiving Day,Christmas Day, or days celebrated as such,shall be paid at the double time ' rate of pay. When one of the foregoing holidays Calls on Sunday, it shall be celebrated on the following Monday. ANNUAL WAGE ORDER.NO. 9 3/02 ' OUT M AMAm AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the undersigned, _ of lawful age, first rbeing duly sworn, state to the best of my information and belief as follows: 1. That I am employed by 2. That was awarded a public works contract for Project No. 31058, Ameren UE Parking Lot. 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) 1 FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of_ , 20 1 NOTARY PUBLIC ' My Commission Expires: ' STATE OF MISSOURI ) ss COUNTY OF ) 1 FACONTRACT DOCUMENTS\31058-Ameren UE Parking Lot.wpd July 16, 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. 31058, Ameren UE Parking Lot. 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:\CONTRACT DOCUMENTS\31058-Ameron UE Parking Lotmpd July 16,2002 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this y r' day of T , 2002, by and between Fercon Construction Company hereinafte 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. 31058 Ameren UE Parkin Lot. 1 � g NOW THEREFORE, the parties to this contract agree to the following: 1. She of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "Ameren UE Parking Lot" in accordance with th plans and specifications on file with the Department Of Community Development. 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 40 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Community Development within ten (10) days after the date of this contract. 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 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 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 under the Contractor. (-.\CONTRACT DOCUMENTS\31058.2-Ameren UE Parking Lot.wpd August 12,2002 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 all clairns arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance ' Policy naming the City and the City as the insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. ' e Subcontracts- In case an or all of this work is sublet, the Contractor shall ( ) Y require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered In the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a ' general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. FACONTRACT DOCUMENTS\31058-Ameren UE Parking t_otmpd July 16,2002 r 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. Liiauidated Damages.. The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on rContractor's part or the part of its agents. 7. Termination, The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper ' material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard Instructions of the City or fall to observe or perform any provisions of the contract. ' 8. Cm's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to ' completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City, In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 9. Indemnity.,To the fullest extent permitted by law, the Contractor 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 FACONTRACT QOCUMENTS131058•Anneren UE Parking LoLwpd July 16,2002 1 to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, damage, loss or expense attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for those acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials: The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 6, 2002,which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed SIXTY-ONE THOUSAND ' EIGHT HUNDRED NINETY DOLLARS. --' 13. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d, Notice to Bidders i. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as ' if attached hereto or repeated herein. 14. Nondiscrimination_ The Contractor agrees in the performance of this contract ' not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any FACONTRACT DOCUMENTS\31058-2-Amoron UE Parking Lotmpd August'12, 2002 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 the City of Jefferson, c/o Director of Community Development, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 2014 Clara Drive, Jefferson City, Missouri, 65101. 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 IT ESS WHERE9,F, the p arties hereto have set their hands and seals this i' day of c ; -4.j- , 20 l _. ' CITY OF JEFFERSON CONTRACTOR 1 `-eY�jh. CI��ZS7-ru G"�+o�C ayor Title: ATTEST: ATTEST: ity CI rk Ti e: �x APPROVED AS TO FORM: City Counselor FACONTRACT DOCUMENTSQ1058-2-Ameren UE Parking Lot.wpd August 12, 2002 PERFORMANCE, PAYMENT AND GUARANTEE. BOND KNOW ALL MEN BY THFSF PRI-SI:=N I'S, ihat we, the undersigned FERCON CONSTRUCTION COMPANY hr.�rein.:1(10-1, ff-;ferred to as "Contractor" and CONTRACTORS I30NDI NC INSURANCE COMPANY a Corporation oiganized mi(lei the laws of the Stale of _ WASHINGTON and atllhorized to 11',111srrGI 1)usiness in the Stale of MISSOURI as Suiety, are held ancf firinl bOLlnd unto the CITY OF JEFFERSON hereinafter referred to as"Owner" ' in the penal sum of SIXTY ONE THOUSAND EICIIT IIUNDRED NINETY 6NO/100** DOLLARS ($ 61,890.00**************), lawful money of the United Stales of America for the payment of which sun-), well and truly to be made, we bind ourselves and our heirs, ' executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF TI--IE FOREGOING OBLIGATION IS SUCH THAT,- WHEREAS the above bounded Contractor has on the 6TH clay of AUGUST 20_o? entered into a written contract with the afor esaid Owner- for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with ' the specifications and plans therefore; a copy of said Contract heing attached hereto and made a part hereof: F:\CON'rRAC'r DOCUMEN75\31056•Ameren UE Pmkinq Lo1 wr)d July 16, 2002 e NOW THERE=FORE, if the said Contractor SIMII raid will, in all particulars, well, duly and faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, .end Ilse Conditions, `7prrificalions, Plans, Prevailing Wavle Law and other Contract Mcunients lherelo attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a I,eriod of one year after acceptance by the Owner, then this obligation shell be arid become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, ILIbricating ails, fuel oils, greases, coal repairs, equipn-ient and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, cornpensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be clone, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of tinge, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it clods hereby waive notice of any change, extension of tine, 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 workwian engaged in the Construction of the improvements as clesignaled, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of an act or FACONTRACT 00CUMENTSQ1058-Ameren UE Perking t_ol wpd ,fury 16,2002 t omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WI-IEREO(=, the said Contractor has hereunto set his hand, and the said Surely has Caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly aulhorized thereunto so to do, it JEFFERSON CITY, MISSOURI on this the 6TH day of .__,. AUGUST ...._.._..__._....... ._._ 2002 CONTRACTORS BONDING INSURANCE COMPANY (60 CtU�tl`j�t�'l,<<•��Ufa Con, SURETY COMPANY CONTRACTOR BY .(SF_AQ C3 _._.�.�� .y(SEAL) B' __ 1 !vv`. 1 _}�` �_.._.(SFAI-) BY _.._..(SEAL) Aitorney-in-fact (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company ' certified to include the date of the bond.) FACONTItnC'r DOCUMEN'I'S131058•Ameren Ur- Pinking Lot.wpd July 16, 2002 �l N[.MJf/S Aff ROD LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On or After: MARCH 31sT, 2003 Number: 642845 i A valid original of this docoinent must be printed on sect.trity paper with black, blue, and red Ink, and must bear the seal of Contractors Bonding and Insurance Company(the "Company"). Only an unaltered original I' ;9 of this power of attorney Is valid, If it photocopy, file word "VOID" should appear clearly In one or more places. This Power of Attorney Is valid solely In connection with the execution and delivery of the bond bearing the number indicated below, provided the hoed Is of the type indicated below,and Is valid only If the bond Is executed on or before the date indicated above, KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the followings JAMES N. REICHARD and MARIE B. HOFFMAN its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in a acknowledge %i its name, plan® and stead, to execute, a and deliver on behalf of the g Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any ! portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the-Board-of-Directors-of-the-Company --- ----- -- --------- -- --- -------------------------------------------------- `I ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ `` ------------------------------------------------------------------------------ ------------------------------------------------------------------------------- LERTIFIcxal i. I, the Undersigned socwtary of Contractors Bonding and Insurance C.:onlpany, a I,1 Washington corporation, DO H RF'BY CERTIFY that this Power of Attorney retrains in full force and effect and h n as ot Keen revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the rcversc` are.` 110W ill 1`1111 force and effect. lioad �Iumhcr IA'l.fi90 -_- _ US_ -- _20Q2 Signcd and salcd __6'1'Ii day ol^AUCI N % VXtl is t.lYl;t.`,'titi ;�l'kl)i _ _s'. •t_l_'� Itolva M, Ogle,secretary A'1f11'�Y�aC� (~;lit(.: O 1213 Valley Street • 1'.0. Ilox 9271 •Seattle, WA 98109.0271 (206) 622.7053 (800) 765-C131C: ('Ibll free) • (206) 382-962:3 FAX rr r IIoal.1`0A,04•US101700 1 r 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 DoculTlents 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 Own(-,,r, together will) stich 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 comporient parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, ' and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1)with the City Clerk of (fie 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. FACONTRACT DOCUMENTS\31058-Ameren UE Parking Lot.wpd July 16,2002 1 4. "Subcontractors" shall mean and refer to a corporation, partner;.hip, or individual having a direct contract with the Contractor, for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Community Development., (i.e., the Engineering Division Director) 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein 7 "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by tile 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 arid include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with Ills proposal and by the Contractor to the City, if and when approved by the Engineer, arid 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 tile "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 itsrhisiher 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 FACONTRACT DOCUMENTS131058-Ameren UE Parking Lotmpd July 16,2002 terms or obligations herein contained. 'rhe relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site He shall have authority to act on behalf of the City. ' The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor, to protect defects and deficiencies in the work ' Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor, and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee; (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a clairn against the City, (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City, the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used, or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said ' contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten (10)days after notice to do so. In default thereof, the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. GP-6 INSURANCE GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types ' and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. ' The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are FACONTRACT DOCUMENTS131058-Anneren UE Parking Lot.wpd July 16, 2002 cornplied 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 t All of said Contractor's certificates of Insurance shall be written in an insurance cornpany authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LI!131LITY_& PROPERTY DAMAGE LIABILITY INSURANCE (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries, including death,of riot 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 lirnit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE: C( 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:ICONTRACT DOCUMENTS131056-Ameren UE Parking Lol wpd July 16, 2002 GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE-��--��_________..__._____._._____.�-�.___...�____—_____.___.�________ Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of riot 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 arid 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, arid Employer's I-iability with a limit of$300,000 per person. The "All State" endorsement shall be included In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted, It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount riot 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 valr_re 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, 1 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. FACONTRACT DOCUMENTS\31058-Ameren UE Parking Lot.wpd July 16, 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 thereof,equip-ient, power tools arid supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herem assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notrco shall forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of lass or clamage 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 whale, 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_ MA'rERIALS_&_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 responsihle to the City for the acts and omissions of his subcontractors and of person either directly or indirectly ernployed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier Or other person in any manner,whatsoever. FACONTRACT DOCUMENTS\31058.,Ameren UE Parking t_ot..wpd July 16, 2002 t 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 consUlute 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. 1 GP-10 LEGAL RESTRICTIONS1_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 payrrient 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 FACONTRACT DOCUMENI'S\31058-Ameren LIE Parking Lot wpd July 16, 2002 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 C,NECK„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 E.nginoei of any discrepancy between the plans and the conditions on the ground, or any error ar omission in plans, or in the layout as given by stakes, points, or instructions, which he may discover rr7 the Caurso of the wat k. The Contractor will not be allowed to take advantage of any error or omission in the plans at contract d0CU11W11tS,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 frorn them of a detailed description concerning any point, shrill be regarded its meaning that only the best general practices, as accepted by the particular trades or industrir;s 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 the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plaris and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the City, whenever so ordered by the Engineer, without reference to any previous ' oversight in observation of work, Any defective material or workrrianship may be rejected by the Engineer at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and F:\CONTRACT DOCUMENTS\31058-Ameren U[ Patkmg Lot wpci July 16, 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 rernoved from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents, the City 1 shalf pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents, the Contractor shall pay such cost., unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such Cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines, scopes, and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with al! 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 done without being properly located and established by base lines,offset stakes, bench marks, or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials'furnished by him, and lie 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 tirne 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, tie shall forward a copy of the test results to the City. FICONTRACT'DOCUMENTS\31058•Ameren UE Parking Lot wpcl July 16, 2002 r 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 tfie 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 shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the ' minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control ' Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. F=NTRACT DOCUMENTSQ1058-Ameren OF Parking Lot.wpd July 16,2002 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 Imes or other underground structures or obstructions not shown by the phns, or found in locations different than those indicated, shall not constitute a claim for extra work, additional payment or damages No payment will be made to the Contractor for locating and protracting 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 safely 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 FACONTRACT DOCUMENTS\31058 •Ameren UE Parking Lot.wpd July 16, 2002 Neither obserlialion 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 wholF. or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach GP-25 USE OF COMPLETED PORTIONS If desired by the City, portions of the work nw,,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 wider 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 wort ,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. ' The Engineer shall have authority to make minor changes in the work, not involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duty 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-213 If the modification or alteration decreases the ailiaunt of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. ' 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the F.ICONTRACT 00CUMENTSQ1058-Ameren UE Paikuig Lot wpd July 16, 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 fine other than the Contractor for any or all extra work, The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: (a) The term "Extra Work" shall be understood to mean arid inchide all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perforrn 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 resurned by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. 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 rIf the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy lie may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter dIIC the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if lie should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should ' persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if lie 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 F1CONTRACT DOCUMEN TS\31058-Ameren UE Parking Lot.wpd July 16, 2002 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 WO.R_K 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 hini, then the Contractor may, 1 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 cf 6:00 p.rn. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the Cily. However, work necessary rn case of emergencies or for the protection of equipment or finished work rnay 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 tirne by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. ' GP-35 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for or ' on account of the failure, 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 F:=NTRACT DOCUMENTS131058•Arneren UE Parking Lot wpd July 16, 2002 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 Contraclor shall indemnify and save harmless the City and their officers and agents, of arid from all losses cl anrages, costs, expenses, judgments, or decrees whatever arising out of stir!) action Or suit lh at may be brought as aforesaid GP-36 CHANGE ORDER Any changes or additions to the scope of work shall be through ra written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by Unforeseen conditions or events discovered or Occurring during the progress of the work GP-37 CONTRACT.TIME The time for the completion of the work is specified and it is an essential part of the contract The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authOf17.ed 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 clay 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 clays any time during the year. GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which he cleems 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 lie will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes Occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist GP-39 LIQUIDATED DAMAGES_ Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the Contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal Is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money clue 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 FICONTRACT DOCUMENTS\31056•Ameren UE(larking Lot wpd July 16, 2002 1 GP-40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deerns 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 suns item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools. and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been 1 found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty (30) days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE ' Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on ' prescribed form attached to the back of these contract documents. FACONTRACT DOCUMENTS131058-Arneren UE Parking Lot wpd July 16, 2002 1 GP-41 RELEASE OF LIABILITY The acceptance by the Contractor of the Fast payment shall operate as and shall be a release to the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. GP42 CERTIFICATIONS GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the, product as supplied conforms fully with these specifications Such certification shall be delivered in triplicate to the Department of Community Developmentat least 24 hours before the product is to be used on tiie project GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. 1 GP-43 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service, the purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised is equal or better and the price quoted is the same or less GP44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000, the City shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract GP45 AWARD OF CONTRACT-REJECTION OF.-BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS'CONTRACTS LAW Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Department of Community Development, an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1994 as amended), an act relating to public,works contracts The City of Jefferson shall ' not issue a final payment until such affidavit is filed. FACOWRACT DOCUMENTS131058-Ameien UI_ Parking Lot wpd July 16, 2002 GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month Immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent (5%) as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unerployment figures, only Missouri laborers or laborers frorn 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 riot available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereund^r and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Missouri Labor and Industrial Relations Commission A Missouri laborer means any person who has resided in Missouri for at least thirty(30) days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE.WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson, Missouri, or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states,absent statutory exceptions,whenever there is a period of excessive unemployment in Missouri,agrees to hold harmless and indernify 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 FACONTRACT DOCUMENTS\31058-Ameren UE Parking Lot wpd July 16, 2002 SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions In the project specifications. SP-1 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shrill 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 [fie right to accept any part or all of the bid for the project. SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be hold to discuss the project, its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner, The Engineer, the Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will 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 IB-20), Section 290.2.65 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice ' shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. ' Complete insurance requirements are contained in section six of the General Provisions of this document (GP-6 INSURANCE). FA2002lobs\UE Parking LoNspoclal provisions,frm July 19,2002 t SP-6 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. Two-way vehicular traffic shall be maintained during construction, "Road Construction Ahead" and "Sidewalk Closed" signs shall be placed appropriately to notify pedestrian and vehicular traffic of the construction zone. The cost associated with this item shall be subsidiary to the work. SP-7 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways or sidewalks to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that tyre use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be 'inaccessible during construction activities. SP-0 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. Any required rock removal shall be accomplished by mechanical chipping, jack-hammering or other methods approved by the Engineer. SP-11 UNDERGRADING IN ROCK CUT Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled with a drainable material with top surface choked with fines for proper subgrade preparation. No direct payment shall be made for backfill materials. The only payment made shall be for cubic yards of rock excavation. SP-12 ROOF DRAINS All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. See Technical Specifications Section TS-29, Downspout Drains. ' SP-13 SUBGRADE STABILIZATION Payment for crushed stone for subgrade stabilization shall be per ton of material ' provided, based on tickets submitted to the City at the time the work is done. Payment shall be at the unit price bid which shall include all labor, materials, tools and Equipment necessary to stabilize the area including removal of unsuitable material, disposal of the F:\200 2Jobs\UE Parking LoAspeclal provisions.frm July 19,2002 material off-site and subgrade preparation. SP-14 3" ROLLED STONE BASE Payment for 3" Rolled Stone fuse shall be made by square yard measured from back of curb to back of curb, plus one (1) foot. Any additional thickness necessary under the curb and gutter section, that might be needed if the curb and gutter section is placed separately, shall be subsidiary to this item. No additional payment will be made. SP-15 REPAIR OF DRIVING SURFACE All sections of pavement damaged or removed during construction shall be replaced in accordance with the following requirements; Existing Pavement Base Surface PCC Street ---- 6" PCC Bituminous Street 5" PCC 1 %" AC' Cold mix shall be used on a temporary basis when asphaltic concrete hot mix is not available. The cold mix shall be removed and the permanent hot mix shall be installed when it becomes available. ' Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and ropair of the driving surface shall be subsidiary to construction. SP-16 ADJUSTMENT Or UTILITY SERVICES The necessary adi,rstment of utility services such as water, gas, telephone, and electric, including meters, �'iIves and other appurtenances shall be subsidiary to the work, with the exception of tho fire hydrant relocation. Missouri American Water Company will relocate the fire hydrant at no cost to the contractor. The contractor will be required to coordinate and schedule the work. SP-17 ITEMS TO BE LEFT IN PLACE Items marked "LIP" on the plans shall be "left in place". Any damage to these items, or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense, 1 SP-18 CONSTRUCTION STAKING The City of Jefferson shall provide staking for horizontal control and provide an on-site ' BENCH MARK for elevation control. SP-19 SITE GRADING ' This item shall include all necessary labor, equipment, materials, hauling and wasting of excess site materials, etc. to bring the site to plan grade, The pay quantity shall be lump SUM. F:12002Jobs1UE Parking LoMpeclal provisions.frm July 19,2002 1 SP-20 2-ONE INCH STEEL CONDUITS IN PLACE 'this item shall include the all labor, equrplrront and materials to install 2-one inch conduits in a 24-inch deep trench. 1-he pay quantity shall be measured per foot of trench. SP-21 FIBER REINFORCED CONCRETE The parking lot and curb/gutter crmcrete shall conlHin a polypropylene fiber reinforcement product conforming to ASTM C-1116-97 Type III 4.1.3 Standards (standards for fiber reinforced concrete). The rate, of application, mixing procedures and placement procedures shall comply with the manufacturers specifications. SP-22 TREE INSTALLATION Tree/shrub installation and payrnont shall be in accordance with the 1999 version of the Missouri Standard Specifications for Highway Construction Section 808 and other related sections. Soil amendments, size of hole, and mulching shall be included in the cost of each tree/shrub in accordance with the above noted Section 808. The size and species of tree/shrub shall be in accordance with that noted on the itemized proposal and plans. SP-23 SODDING Sodding preparation, installation and payment shall be in accordance with the City of ' Jefferson's Technical Specifications dated October 2000 and the 1999 version of the Missouri Standard Specifications for Highway Construclion Section 803 and other related sections. SP-24 STREET LIGHT RELOCATION Street light relocation shall be done in such a manner that all conductor/wire splices will be in base of pole or pull boxes (this includes both lighting and convenience outlet circuits. 14.1 Light Pole: This item shall include removal, storage and relocation of existing light pole, new light pole foundation, cleaning, touch up painting, bulb replacement, etc to furnish a complete and operating street light in good condition. The pay quantity shall be lump sum. 14.2 Conduit: t This item shall include conduit and conduit splices (both in street and out of street), street saw cuts and street repair. The pay quantity shall be linear feet. 14.3 Conductor: This item shall include the pulling of new conductor to eliminate splicing in the roadway. The pay quantity.shall be linear feet. The existing pole foundation shall be removed in its entirety. The cost shall be included in the itemized cost for demolition/clearing/removal. END OF SPECIAL CONDITIONS FA2002iobs\UE Parking Lo6special provisionsArn July 19,2002 CERTIFICATE OF LIABILITY INSURANCE DATE INSURANCE AUG 16 2) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CENTRAL TRUST BANK INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE 131 EAST MILLER DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE p O BOX 779 POLICIES BELOW, JEFFERSON CITY MO 66101 PHONE: 573-634-1141 COMPANIES AFFORDING COVERAGE INSURED COMPANY A: GENERAL CASUALTY INSUARANCE FERCON CONSTRUCTION - COMPANY B: CIO PAUL C.FERGUSON -.- - -.. _.._. ... ..... ... .. 2014 CLARA DRIVE COMPANY c: JEFFERSON CITY MO 66101 COMPANY D: COMPANY E: CQVFRAr2Fi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTFD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCIJMEsNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Oft MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI.THE TERMS, EXCLUSIONS AND CONDITIONS CF SUCII POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS nA tNSR TYPE OF INSURANCE POLICY NUMBER POUCV EFFECtNE POLICV E%PIRATIou LIMITS GENERAL LIABILITY I CGA0270941 AUG 2 02 AUG 2 03 1 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY f FIRE DAMAGE(Any One Fuo) S 60,000 _.... I - _._..._... 1 CLAIMS MADE I_X I OCCUR MF.D L:XP(Any One Person) S 5,000 A � PERSONAL.s ADV INJURY s 1,000,000 I GFIJERAL AGGREGATE $ 2,000,000 V - . ... ----------- GEN'L AGGREGATE LIMIT APPLIES PER i PRODUCTS•COMPIOP AGG is 1,000,000 POLICY nr:oJr.CT I ILOG AUTOMOBILE LIABILITY CBA0270941 FEB 12 02 FEB 12 03 ICOMBINFDSIIJGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS i BODILY 114JURY SCHEDULED AUTOS (Per person) $ HIREDAUTOS I ..__._--.-._.._. _._ __._.. ....... ..... ..._..._....-----_.___._....._ BODILY INJURY S NON-OWNED AUTOS I (Per nccldant) UR'OCE l + PROPERTY DAMAGE 15 GARAGE LIABILITY I AUTO ONLY•EA ACCIDENT s ANY AUTO I V'" OTHER THAN EA ACC S C. QS- h AUTOONI.Y A G S. ..... .... .... r EXCESS LIABILITY + + FACIA cX CIJRIIENCE S OCCUR f ...I CLAIMS MADE I AGGREGATE $ $ DEDUCTIBLE I I s RETENTION g j g WORKERS COMPENSATION AND CWCO270941 AUG 2 02 I AUG 2 03 j I we nT >• omt:u EMPLOYERS'LIABILITY 70ttY LIl+nMITS I ..• -•..__..__..... A EAC:I ACGIDE.NT S 600,000 LL DISEASE-EA EMPLOYEE $ 600,000 E L 01SEASE•POLICY LIMIT s 600,000 QTHER: � I i DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION CITY OF JEFFERSON SHOULD ANY OF 11-1E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 200 HIGH STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 JEFFERSON CITY,MO 66101 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT f AILLIRE 10 DO SO$HALL IMPOSE NO OBLIGATION OR LIABILITY OI-ANY KIND UPON THE INSURER,IT,'S AGENTS OR REPRESENTATIVES AUTHORIZED RLPRESENTATIVE Attention: NZ ACORD 2"(7197) � Certificate# 837 JAMES N, REICHARD 498-50-1081 V Denise Nerren@ ajg.co To: BMims@jeffcirymo.ors m, cc: zr Subject Re: Insurance Rating 09/05/2002 01,51013M x{1 t, Sorry for the delay l �t } denera7 Casualty, A 'IX z Zurich PAmer' can - A+ IN Denise L. Herren Arthur J. Gallagher Co. - 5t. Louis 12444 Powerscourt Dr. St. Louis, MO 63131 Phone 314-965-4346 ext. 261 Fax 314-965-5425 email: denise herren@ajg.com Y �t • �qq tS if