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HomeMy Public PortalAboutORD12860 3 BILL NO. 98-13 w SPONSORED BY COUNCILMAN _--jge Haakq ' ORDINANCE NO.,_� -�. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMoAN BROTHERS, L.L.C. FOR THE 1998 STORM WATER PROJECT NO. 2. WHEREAS, Kauffman Brothers, L.L.C. has become the apparent lowest and best bidder on the 1998 Storm Water Project No. 2 project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Kauffman Brothers, L.L.C. is declared to be the lowest and best bid and is hereby accepted. Section 22.The Mayor and City Clerlc are hereby authorized to execute an agreement with Kauffman Brothers, L.L.C. for the 1998 Stofrn Water Project No. 2. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: approved:_ L f i 7 Presiding Officer Mayor -- :s ATTEST: APPROVED AS TO FORM: 1 City ler ty City rrselor 5 i 1 FINANCE DEPARTMENT I PURCHASING DIVISION i SUBJECT: Bid No. 1791 - 1998 Stormwater Project 2 (Includes Project 33037 -'tW. McCas-�. y Street; Project 33044 -Dogwood Drive; Project 33046 - Cordell f Street and Atchison Street/Salvation Army, Public!Works i BIDS RECEIVED: I Kauffman Brothers, LLC, Jefferson City, MD $1.43,575.50 j Don Schnieders Excavating, Jefferson City, MO $157,767.89 Stockman Construction, Jefferson City, MO $172,626.50 JC Industries, Inc., Jefferson City, MO $222,230.00 { Columbia Curb & Gutter, Columbia, MO $244,189.30 I Twehous Excavating, Jefferson City, MO $241,669.00 FISCAL NOTE: f 3500-9900-7350-3016 McCarty/Industrial 3500-9900-7350-3023 Dogwood i i � Funds Available $50,000.00 Funds Available $30,000.00 Expended -0- Expended _p_ Bid 1791 47.674.00 Did 1791 30.000.00 } Balance -..r.f 2,326.00 Balance ..p_ i 3501-9900-7350-3007 Neighborhood Storm C Funds Available $300,000.00 Expended _p_ Bid 1791 80,259.05 Balance $219,740.95 r PAST PERFORMANCE: Kauffman Brothers, LI.0 of Jefferson City, Missouri has completed projects satisfactorily in the past. Staff believes that this firm is capable of completing the work as specified and bid. RECOMMENDA T ION: It is the recommendation of staff to award the bid to the lowest bidder, ` Kauffman Brothers, LLC of Jefferson City, Missoud in the amount of$143,575.50 and further authorize up to an additional 10% contingency, if required. The maximum amount if the i contingency is required is $157,933.05. i ATTACHMENTS - SUPPORTING DOCU1'✓fNTATI0N E Tabulation of Bids, Departmental Recommendation •��,J Signature: �� . � 4sin A nt g g� Dirdetor, Public Works { �n�rTamwr��r®suadll�Ri�lilk�i�iitteiwai�� rrsw�u r�raa...ws�usr. -- ..�.�..r..__--_--. .• . ... _ I N T E R MEMO O F F I C E j To: Jim Hartley, Purchasing Agent From: M Brose, Director of Public Mork., i � arty � I { Subject: 1999 Stormwater Project No. 2, including Project No. 33037- W. McCarty Street, Project No. 33044- Dogwood Drive, Project No. 33016 - Cordell Street and Atchison Street/Salvation Army, Bid No. 1791 Date: November 25, 1998 Bids for the above referenced project were received and opened at 1:30 PM on Tuesday, November 24, 1998. A tabulation of the bids received, is attached hereto. I Please be advised that the Department of Public Works recommends the,acceptance of the bid for this project in the amount of $143,575.50 as submitted by Kaufman Brothers, L.LCQ of i Jefferson City, Missouri and that the contract for the work included in the proposal be awarded to t" the aforementioned bidder. { E Expenses for this project will be charged.to the following accounts: Account No. Amount Available Amount required 3 9JOOe73�0-3016 $50,000.00 $47,674.00 (McCarty/Industrial) 3500.9900.7350-3023 $30,000.00 $30.000.00 f (Dogwood) r 3501-9900.7350--3007 $300,000.00 $80,259.05 # , (Neighborhood Storm C) TOM $157,533.05 The total amount indicated to be required for this project includes the bid amount plus 10% ($143,575.50 + $14,357.55 = $157,933.05). The ten (10) per cent is a 'contingency to;; cover any change orders or extras not included in the original scope of the project; cc:, . 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Kauffman ' Ka�it-fnian Brothers, L.L.C. 3Mk 8 Wakoda Drive Jefferson City, MO 6.5101 S t RE: Project .Nos. 33037, 33044, and 33046 - 1998 St.orniwater Project No. 2 € Dear Mr. Kauffman: This letterwill serve as the"NO'T'ICE TO PROCEED"for the above referenced project. The effective date of this notice shall be Monday, January 4, 1999. The contract tine for this project. is sixty (60) working days. Enclosed, for vou.r records, please find a fully executed copy of the contract between your company and the City of Jefferson for the above referenced project. Also, please find enclosed, for your use and the use of your subcontractors (if arty),for the purchase of materials to be utilized on the above referenced project, the following;documents: 1. Missouri Project Exemption Certificate 2. A.copy of the City's Missouri Tax Exemption Letter _ In using these donintents to purchase materials, please read the appropriate:"instruction"as + included at the bottom of the Missouri Project Exemption Certificate. ? If there are any questions, please advise, Sincerely, 3 ` Robert W. Kelsi&,, PE r: Engiineering Design Super✓isor i RWK:als r Marty Brose Jack Kramer 1 . .. 'a Cxty,'C1eEk Mike Papen s Carl,Connell Central File Britt, Sxrtith Chad McCullough Harley Thoxnpson t . i } i MISSOURI PROJECT EXEMPTION CERTIFICATE.,, Authorization for Purchasing Construction Materials for Tax Exempt Ptole t EXEMPTION ENTITY ISSUING CERTIFICATE: City of Jefferson 320 E. McCarty Missoud Tax Exempt I.D.#12416773 Jefferson City, MO 65101 Lotter Expireilon date: 91Of-120W ' I Department: Public Works-Engineering Division Contract Date: December 29, 1998 Certificate Expiration Bate: August 31, ION Estimated Project Completion Date:June 30,1999 Re0sed&rfttiap D Atg:, Project#Assigned: 33037, 330"and 330 Project Descifiption: 19918 Stormw ater Project No. 2 � if Project Location: West McCart3 Street, Dmgwopd Drive,Cordell Street,,Atchison Street , The City o(Jetferson,Missouri,hereby authorizes the purchfassi,withoo�t tales tax,of to le personae property how orpcnratsd or cbrwurrned in the cqt$ project ldentlW,heroin and iw other,pura�sa�►i m.Sacikut t944.0�2 kSM�aq A►trlix)rized Signature: 'Z� lute: f i PURCHASING COWfRACTOR OR SU13CO NTRRC7OR: Name: Kauffnnan Brothers, L.L.C. Address: 3008,Wakoda Drive I wststeop: Jefreton City, RRO 85101 4 INSTRUCTIONS If CITY-A signed copy of this certificate,akxv with yma Mos�ouri Tax ExempOo Letter,must be lutnir�hocf to each contractor arn:l/or ' subm trector who will tie purchasing tangible personal property for use in the prejoct::It is the City's raspona�Gt�i Bo ensure tl»vaiidky pf � the oeetl>fcate. You rtwst issue a certlticcatta with a Revised Exi*ation Fate if purOmses will be mqulrml ba exurtpleto!t►ti pROjact bsYotid the { oiiQirwl Project Exemption Certificate Expiration Date. CONTRACTOR OR 5UBCOHTRACTQR-The contractor shall fumish a cornpleterd copy of)his axe�Y.on eartiflc�ate ebony vritlt et copy of ` the.0 IVSKinouri Tax Exemptton Lather.to all subowbactors,and anycontrectorarsubcont+=tarpun usk rrwlertata Fwtlpreiseuttcopbe a of such dommmts to an mrAsrial suppliers as au0mxIzstlon to purchase,an behalf of the City,atl tangible porRaiu►l prcx�rty acrd materWs to be,fncacporal led or consumed in the construction of that project and no other on a tax-exompt bails. A copy of_e�eeh cexttkatkmust be neialrted by the purchases for a period of five years. invokes ISZ+ued for such purchases must reflect dia tiro't'ie of ft City.Wd'tlw project number assigned by the City as shown above. ! lUATERiAt SUPPLIER-A completed copy of hlii exemption certificate;alurip w1th the City's Missouri Tax Exemption Letter,mutt be obtained from tli®contractor or subcantracior makkV purchases of tnnyibFy personal petty for use In the project,ivnd retalrttsd for audit ' ses:.Invokes issued for such purchases muet reflect ere name of than City and the project number assigned by the City as shown apboo fit t � .. } + •' • 1 1 1 1.t.-•arc.. 1.� ... . r .. ..,. . y v v ..: V. ' Y (I �-`fir 'L��S' C,Y,nY• Z '�' • , :. .• .,`:. .• ',':.: '` :;r k:: � �- a"4i W. • Y�•.� ;.•� • A.•:..t..+,;rM �•j^' .r•.r off. .i. ,Y :_� ��. :w-wl:. v:�:w-♦f..A.....J.;c.-..aait:.e:y.,ti.vti•S..t.,.f1S:,}.i.r:s'�:r,i'.}:'SI.tfi:r;.ht.A`s.:4 �r�'•"h�,i::t%.1..�• Yt. nr 7 f $taig of 3. . tgav x EXEMPTION FROM MISSOURI SALES AND USE TAX ON PURCHASES ISSUED TO: ` MIsSOURI' kAX I.D� NUMBER s ' 12476773 ' CITY OF JEFFERSON 320 E MCCARTY ST EFFECTIVE DATE: CITY MO 65101 09/06/95 . E'XPIRATZON DATES . 09/06/00 _ YOUR APPLICATION FOR'. EXEMPTION FROM SAL FS/USE TAX ON YOUR PURCHASES HAS BEEN APPROVED PURSUANT TO CHAN'T'ER 144 , RSMO. THIS LE'C'TER IS ISSUED AS- DOCUMENTATION OF YOUR EXEMPT STATUS. PURCHASES-.BY YOUR ORGANIZATION OR: AGENCY WILL NOT BE SUBJECT TO s ' j SALES OR'' USE TAx, IF SUCH PURCKASE'S' ARE WITHIN THE CONDUCT OF:' YOUR f EXEMPT FUNCTIONS .AND ACTIVITIESo PURCHASES MUST BE 'AID` FOR RROM FUNDS OF,,THE ORGANIZATION OR AGENCY; i it ALL*. SELLERS, OR V..PNDORa:: MUST BE.`', FURNISHED A• COPY OF THIS EXEMPTION LETTER. : THIS EXEMPTION• CANNOT BE m USED ON:_.PURCHASES BY INDIVIDUALS OR AGENTS FOR ,THEIR 0WN'•FERSONAL- USE. SAL€S MADE BY YOUR ORGANIZATION ARE NOT EXEMPT FROM SALEd'-TA' X.:: SALES MADE BY YOUR ORGANIZATION OR ASENOY ARE SUBJECT TO APPLICABLE STATE AND LOCAL SALES TAX. SHOULD YOU * ENGAGE IN THE • BUSINEiS OF SELLING TANGIBLE PERSONAL PROPERTY OR TAXABLE SERVICES AT RETAIL, i YOU WILL BE REQUIRED TO OBTAIN A MISSOURI RETAIL LICENSE. . AN AGENT OF, OR CONTRACTOR FOR, AN EXEMPT ORGANIZATION OR AGENCY ' CANNOT CLAIM OR BENEFIT FROM YOUR QRGANIZATIONTS OR AGENCY'S EXEMPT STATUS. SALES TO CONTRACTORS WHO PURCHASE. CONSTRUCTION MATERIALS • TO FULFILL THEIR CONTRACTS .WITNI ' YOUR ORGANIZATION OR AGENCY ARE SUBJECT- TO SALES TAX ON ALL SUCH PURCHASES, UNLESS .THE MATERIALS ARE' DIRECTLY BILLED TO'.YOUR- ORGANXZAT':CGN 'ANG `PAXD- FOR,.`FROM YOUR ORGANIZATION'S FUNDS. THIS EXEMPTION IS NOT PERMANENT. IT IS SUBJECT TO REVIEW BY THE DIRECTOR OF REVENUE, AND IT EXPIRES ON T14E HATE GIVE14 ABOVE. IF IT • :: i,. IS DETERMINED THAT THIS ORGANIZATION OR AGENCY CEASE' TO QUALIFY AS AN EXEMPT ORGANIZATION OR AGENCY,, THIS EXEMPTION LETTER WILL CEASE TO BE VALID, AND PURCHASES MADE BY THE ORGANIZATION OR AGENCY WILL BE SUBJECT TO THE SALES/USE-TAX. is THIS EXEMPTION IS NOT ASSIGNABLE OR TRANSFERABLE. IT IS FOR SALES/USE TAXES ONLY AND IS ROT AN EXEMPTION FROM REAL OR PERSONAL.. PY. PROPERTY TAXES. ANY ALTERATION TO THIS EXEMPTION LETTER RENDERS IT' INVALID. y,�.� ..t /`LF'�• 1• '}i1fJ•+ �: - a,..i ':i. �•" 'j^•�:•;k♦.t:4"y'?.�'{ :.y; .., Y -nff'y;'i' �. 1 .• r ...y 4. , tSf���•G't ' w."-'. '•J,:' r'1• �- , t•� R t. .�•ifi •:.. w,.��:-.•�'i�. .Zf ;'•Yi � e •�:i .-�+; .... "...Xl:•';e; ?-s'' Y.+' y�y°'t?•;,+'S,,,,1 f 7 s '�• .t• _^ J•k ..`;S:•.:". " :i.'. ..°a.'tw� w��'.-{.�'p:i'lf.�t'r.''«T 7•i�•t•",�1�� •�+ _t3 City of Jefferson � �.. Duane 1)ehreimann Mayor Department of Public Works Murtin A. Brose, RE., Director 320 East McCarty Street t Pholie, (573) 634-6440 Jefferson City,Missouri 65101 Pax., (573) 634-6457 December 11, 1 998 i , Mr. Thomas A. Kauffman � Kauffman Brothers, L.L.C. 3008 Wakoda Drive Jefferson City, MO 65101 E RE: 1998 Stonnwater Project No. 2 W. McCarty Street, Dogvvnod Drive, Cordell Street &Fctchison Street j Project Nos. 33037, 33044 and 33046 f Dear Mr. Kauffman: k t ?' Enclosed, please find three (3) copies of the contract. for the above referenced project. Please execute the contracts, return theta along tvi.tlt the Perfornt,nc.e and f'aylltent Bond(s), i Certificate of Insurance,and Owner's anal Contractor's Protertive Liability Policy Binder by 5:00 � p.in. on Monday, December 21, 1996. The Certificate of Insurance must be issued by the company affording coverage. Certification from a local agent is not acceptable without necessary i documentation empowering and authorizing the agent to sign the surety's Itante. In addition, if an aggregate amount is specified,a statentent of the amount of that aggregate available to date mast.also be included. i By separate cover,the Department.of Public Works%NiH issue a Notice to Proceed on the project. You must submit the alcove documents in correct form before you begin work. � j Should you require additional information, please contact the Department of Public C Works at 634-6440. Sincerely, Robert W. Kelsick, PE Engineering Design Supervisor + RWK:als c: Director of Public Works Central File City.Clerk En "neering Division Director i J ����� 7®YMU MIf�i1111f{�lF�I.7�O¢IlliY�116011aaf�Ila. f -498-316 December. 21 , 1998 r j Attached please find Performance/Payment Band for Jefferson City. Please sign each copy of the bond. Also, please date each bond. in two places, date each Power of Attorney and date each Affidavit of Attorney-in,- Fact. Please furnish us a copy of the contract that has been dated. Thank you. Mary Ryan Any singular reference to Contractor, Surety, Owner or ather party shall be considered plural where applicable, j ' 1 ' CONTRACTOR (Name and Address): SURETY (h:ame and Principal Place of Business): KAUFFMAN BROTHERS L.L.C. THE OHIO CASUALTY INSURANCE COMPANY � 3008 WAKODA DRIVE 136 NORTH 3RD STREET f JEFFERSON CITY,MO 65101 HAMILTON, OHIO 45025 i 1, OWNER (Name and Address): l CITY OF JEFFERSON CITY 320 EAST MC CARTY STREET JEFFERSON CITY, MO 65101 i i CONSTRUCTION CONTRACT Date: - i Amount: $143,575.50 Description (Name and Location): 1998 STORNWATER PROJECT NO. 2 BOND Date (Not earlier than Construction Contract Date): i Amount: $143,575.50 modifications to,this Bond: )0 None ❑ See Page 3 . ;.,. CONTRACTOR AS PRINCIPAL SURETY .ZAUpaFMAN BROTHERS L.L.C. (Corporates Seal) Company: (Corporate Seal) ' THE OHIO. CASUALTY Ir1SURAt�CE COMPANY -_ Signature: Signature: Name and Title: Thomas A. Kauf n "Name and Title: ,john H. Williams Manager Member Attorney-in-Fact j? (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) "`-.AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or jTACK 'FREIBURG INSURANCE AGENCY, INC. other party): PO BOX 1188 QUINCY, IL 62306 217-•223-9222 AIA DOCUMENT A312•PERFORMANCE SON0 AND PAYMFW SON0•OECErlSER 14�i E0. •w1A_0 _1 THE D PitII TIN I-MARCH 9a ARCNlTECTS,1735 NEW Y!?.1K,�,VE„N.vr.,WASH.IrrGToN,D.C.20036 A312.1984 1 THIRD PRINTING•MARCH 1907 h I The Contractor and the Surety, jointly and severally, which it ro,ay be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter• successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction. Contract, Owner citing reasons therefor the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in paragraph provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an l } 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety i under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any Surety at its address described in Paragraph 10 belo„, remedy available to the Owner. If the Surety proceeds as that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the Default and has requested and attempted to arrange a payment tendered or the Surety has denied liability, in I conference with the Contractor and the Surety to be whole or in part,without further no;ice the Owner shall be held not Eater than fifteen days after receipt of suet, entitled to enforce any remedy available to the Owner. i notice to discuss methods of performing the ConstruC- 6 After the Owner has terminated the Contractor's right Linn Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree, the Contractor shall be allowed a reason- elects ;o act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than these of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the ! Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Constructi��n Contract.To the Lmit of the the contract. Such Contractor Default shall not be dr. amount of this Bond, but subject to corr,m,tmem by the dared earlier than n,enty days after the Contractor and Owner of the 62Ia-,ce of the Contract Price to rxungalron of the Surety have received notice as provided u, Sr,h. costs and dan,a,e:r,r.the`onsfruction Con1r;u,the Sure paragraph 3.1; and ty is obligated vr.;,C,u1 dui,tication for 3.3 The Owner has agreed to pay the Balance of the G-1 Tile responsibilities a( the Contractor for correc- -''f Contract Price to the Surety in accordance with the tion of defective work and completion of the Construe- terms of the Construction Contract or to a contractor tion Contract; selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner, costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Para* sultrng frorn the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract, actual dam- Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor- Contract; or rnance of the Contractor. I 4.2 Undertake to perform and complete the Construe. 7 The Surety sh3li not be liable to the Owner or others for E tion Contract itself,through its agents or through inde- obligations of the Contractor that are unrelated to the Con- pendent contractors; or struction Contract, and the; Balance of the Contract Price l shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. Struction Contract, arrange for a contract to be pre., pared for execution by the Owner and the contractor B The Surety hereby waives notice of any change,includ- selected with the Owner's concurrence,to be secured ing changes of time, to the Construction Contract or to with performance and payment bonds executed by a felated subcontracts, purchase orders and other obliga- j j qualified surety equivalent to the bonds issued on the tions. !I Construction Contract, and pay to the Owner the 9 Arty proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting ttrom the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete,arrange Default or within two years after the Contractor ceased ! for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails 1 reasonable promptness under the circumstances: perform its obligations under this Bond,whichever oc- curs l i to ef i r .1 After investigation,determine the amount fear prohibitedtby la provisions file rniinimumf period of ltim.itation ava l- r r r AIA DOCUMENT A= •PERFORMANCE BONO AND PAYMENT OONO•OECxMOER 154k ED. •AtA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE..N.W.,WASHINGTON,D.C. 2OW6 THIRD PRINTING•MARCH 1407 A312-1884 2 t. ..-....rf....-v.-_...._.-.�....-_...��.....a.,......�.�........�.....,c.crs..�a..,.,..-.......arm....o.�.m.....�,...n....:r.�. �wowawR+M� 1100) able to sureties as a defense in the jurisdiction of the suit tractor of any'amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims for damages to which the Contiactor is entitled, re- 10 Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper payments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page, tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between t statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was 10 be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement change; thereto. shall be deemed deleted herefrom and provisions con- 1 forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this Which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has i neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the.Construction Contract or to payable by the Owner to the Contractor under the perform and completer comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con. 1 t MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: j 1' (Space is provided below for additional signatures of added parties, other than those appearing on,the cover page:) CONTRACTOR AS PRINCIPAL SURETY rs Company:' (Corporate Seal) Company: (Corporate Seal) "'i k Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT GOND-DECEMBER 1981 @D.-AIA 0) THE AMERICAN INSTITUTE OF ARCHITECTS,V3S NEW YORK AVE..N.W.,WASHINGTON,D.C.2OW6 A312.1984 3 j THIRD PRINTING•MARCH 14a7 �9r '. BOND #3-498-316 THE AMERICAN INSTITUTE OF A .CHIT-EC:TS A.IA Document A312 i I Paymer•it Bond Any singular reference to Contractor, Surety. O%rner or other pariv shall be considered plural .here applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): I t; . I KAUFFMAN BROTHERS L.L.C. THE OHIO CASUALTY INSURANCE COMPANY 3008 WAKODA DRIVE 136 NORTH 3RD STREET JEFFERSON CITY,MO 65101 HAMILTON, OHIO 45025 OWNER (Name and Address): I CITY OF JEFFERSON CITY 320 EAST MC CARTY STREET JEFFERSON CITY, MO 65101 CONSTRUCTION CONTRACT Date: I Amount: $143,575.50 .4 Description (Name and Location): 1998 STORMWATER PROJECT NO. 2. i BOND 1 Date (Not earlier than Construction Contract Date): '.„ Amount: $143,575.50 Modification$ to this Bond: ( None . 0.See Page ti CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) <:- KAUFFMAN BROTHERS L.L.C. THE OHIO CASUALTY INSURANCE COMPANY } Signature: Signature: — r _ Name and Title: Thomas A.Kau£ man - Name and Title: An R. William's Manager Member Attorney-in-Fact additional signatures appear on Attorney-in-Fact ' (FOR INFORMATION ONLY—blame, Address anti relephone) -� AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or JACK FREIBURG INSURANCE AGENCY„ INC, ather art ) PO BOX 1188 p Y QUINCY,IL' 62306 217-223-9222 j ALA DOCUMENT A312• PERFORMANCE BOND ANp PAYMENT BONO DEC£MSER 1981 £D. •AIn 0 [ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AW.,N.W.;WASHINGTON,D.L.20006 A312-i9t�4 4 t THIRD PRINTING•MARCH 1987 } 1l�rma ICli'!!tl�Ilrlai����t�a�e��IC►a��en�.;�..>nr e.�_�e- .,C -- o.,�.�..�..........—.-------_- � ;:r�•_" . 1=110 swim= 1 The Contractor and the Surety, jointly and severally, G When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the fallowing actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo. 6.1 Seed an. answer to the Claimant, with a copy to rated herein by reference the OLell within 45 .clays after receipt of the claim, stating the arrlounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for rhallenging any amounts that .;re disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed I 2.1 Promptly makes payment, directly or Indirectly. amounts 1 for all sums due Claimants, and } 7 The Surety's total obligation shall not exceed the j 2.2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from claims, demands, liens car suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or shit is for the payment for labor,materials Or equipment fIl 8 Amounts Owed by the 0%vner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mancc of the Construction Contract and to satisfy claims. the Contractor and the Surety (at the address ii any, under any Construction Performance Bond By jdescribed in Paragraph 12) of any claims, demand,, the Contractor furnishing and the Ovmer accepting this liens or suits and tendered defense of such claims• Bond, they agree that a!I funds ea-ned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no O%vrer Default dedicated to satisfy obligations of the Contractor and the Surety Linder this Bond, subject to the Owner's prior- i 3 With respect to Claimants, this obligation shall be itv to use the funds for the completion of the work 4 null and void if the Contractor promptly makes pay ! ment, directly or indirectly, for all sums due 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- Llnder this Bond until: ed to the Cons;ructren Contract The Owner shall not be liable for payment of any costs or expenses of any Claim- �-.4 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli• contract with the Contractor have given notice to the gatlons to make payments to, give notices on behalf of, or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sen; a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim, including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than In a court Of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by } substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- mateha.ls were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. if the provisions of this Paragraph are void or prohibited by law, { .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. i within 30 days of furnishing the above no- tice any communication from the Contractor 22 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the y. claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the ! .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice tV the Surety be sufficient compliance as of the date received at the (at the address described in Paragraphs 12)and address shown oil the signature page. sent a copy,or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed,any provision in this frond conflicting with said statutory or legal requirement S If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this I _ AIA DOCUMENT A312•PER_FORMANCE BOND AND PAYMENT El—OF,CEMUER 1964 ED...AIAG THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N W.,WASHINGTON,O C 20006 A312-1984 S THIRD PRINTING• MARCH 1907 Bond shall be construed as a statutory Mond and not as a Construction Contract, arc'hitertural and engineering common law bond. services required for performance of the,work of the Contractor and the Contractor's subcontractors, and 14 . Upon request by any person or entily appeal ing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shill asserted in the lurisdiclion where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished to be made. 15 DEFINITIONS 15.2 Construction Contract: The agreement between the Ownei and the Contractor identified on the sig. 15.1 'Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a Subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 153 Owner Default: Failure of the Owner,which has ment for use in the performance oI the Contract, The neither been reinedied nor waived, to pay the Con• intent of this Bond shall be -to iriciude without lirnita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereat. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: _ I i I 4 (Space is provided below for additional signatures of added parties, tither than these appearing on the cover page.) t „ .CONTRACTOR AS PRINCIPAL" SURETY. i. Company: (Corporate.Seal). Company: (Corporate Sealy Signature: w• :: Name and Title: Name and Title: Address: Address: `. AIA DOCUMENT A312- PERFORrAeACE BONO AND PAYMENT BOND-DECEMBER 1%4 ED. •AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.24 06 A312-1984 G THIRD PRINTING•MARCH 1967 U. a AFFIDAVIT OF ATTORNEY IN-FACT FOR SURFfY t �TATE OF .......................................Tllinois COUNTY OF Adams SS. On this................day of....-..........................................................................., 19.:...., before me Y.. } peracnally appeared...........................John ii. 4Filliam. ..,....,................................. Attorney-in-fact, M of °She Ohio Camialty Insurance Company, with whom I am personally acquaizited, who being.by me 5 duly sworn, did depose and say; that he resides-in........Quincy.............,...Illinois..................................: that he is the Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of eaid corporation; that the seal mixed to {.; the said instrwnent is such corporate meal; that it was so affixed by order of the Board of Direct-ors of said corporation. and that he,signed and executed the said instrument ay Attorney-in-fact of said car- poration by like order. .... !a'lv . �. 16i1y Cosnmiss ' sMbw ............4:1.....4:..........:,.;;�G�. -�: .:............ , .................. Notary PnbIIa r Form s-t7s "OFFICIAL,3F.Av Y DUENE A.CHADyMiCK Notary Public, slags of Illinois &1y Commission Exi,iros 7{26/c,2 ' s've*�v„cvt. !i1td..kyghN:liNW'.4 nLk5,'NctoHtlL'!rYiTS.l:h,SY.3A'lh:i4.vl Fn nx�•iF4:+A9r•4GAti:f:wM�:'4!•�bYk 1.rnYi:+iNN'n+�.}�irt1:+.11111.17+.14i:iwYV+l,r;i,)r* r.�4G..u,:"�ti,rbXA'A4�+ditiwi:'44yY..gyd��,; �� A rFf94tM!l( ,y t lk RZbtf S T t t,t �.Try .•.. ." :. f f � r 1' t ll, CERTIFIED COPY OF POWER OF ATTOPNEY THE OHIO CASUALTY ITISURANCE COMPANY. ,.. HAMILTON,0E110 . No 3.3-202 Know till Man by Thaba Pmatints: 'TTmtx THE OHIO C'A.3UALTY K14SLYRANCE COMPANY, in purauance of nathwity granted by Article VI, 71n 7 of the By-Laws of said Company,dues hereby nominau,constitute and appoint. John J. Freiburg 11 or Johns IL Williams or Marry E. Ryan of Quincy,Illinois its tote and lawful agent(s)and attorn'ty(s)4n-fact,to make,cxecute,seal used deliver for and on its bthaif as surety,and ss its act and deed any and all BONDS, UNDERTAKINGS, and RECt)0AZANC'ES, not exceeding in any single inswce 1wTVE AMLION (55,000,000.00) DOLLARS,excluding,however.any bond(s)or undertakings)guaranteeing the payment of notes and Interest thereon And the execution of such bonds or undertakings in pursuance of these presents,shall be t a binding upon said Company,41 fuliy and amply, to all intents and purposes,as if they had been duly executed and acknowledgrd by the regululy elected officers of the Company at its offict in Hamilton,Ohio,in their own proper pasam The authority granted hereunder supersedes any previous authority herctoforc granted the above named attomey(s)40-fact. is In WITNESS WHEREOF,the undersigned of,,icer of the said The Ohio Casualty In.ruraacc:Company has hereunto subscribed his name and affixed the Corporate Seal of the said The Ohio Casusulty Insurance Company this.15'th day of June, 1998. SEAL i fN t Sam Lawn=,Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 15th day of Jude,1998 before the subscriber,a Notary Public of the Stat_of Ohio,in and for the County of Butter.duly commissioned and qualified, i came Sam T awrcsvx.Assistant Secretary of THE OHIO CASUALTY INSURANCE COMIPAINY,to me personally known to be the individual and officer described in,and who executed the preceding instrument,and he eccnowledgcd the execution of the same,and being by me duly sworn depotcth and saith,that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly fixed and subscribed to the said instrmttent by the authority and direction of the said Corpomrion. IN TESTIMONY WHEREOF,I have hereunto set my hand and aTmcd my Official Seal at the City of Hamilton, State of Ohio,the day and year first above wrixcn. u4 Notary Public in and for Cotmiy of Butler,State of Ohio bty Commission expires September 25,2002. This power of attorney is granted under and by authority of Atticle VI,Section 7 of the By-Laws of the Company,adopted by its directors on April 2,1954,exasets Y from which read: "ARTICLE VI" "'Section 7.Appointment of Attorney-in-Fact,etc. The chairman of the board„the president,any via:-president,the srA=twy or any wsistutt secretary shall be and is hereby vested with-full power and authority to appoint attorneys-1a-&.x for the purpose of signing the mmne of the Company as surety to,cad to execute,attach the corporate seal, acknowledge and deliver any and all bonds,recognir�mces,stipulations,undertaking, or other irts6ritrnertts of sruetyahip and policies of ittsuraaice to be given in favor of any individual,firm„corporatk>rn,or the official representative thereof;or to any county or state,or any official Board or boards ofeounty or state,or the United States of America,or to any other political subdivision." { ' This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27.1970: s "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact,the sipnat ure i Of the or an Assistant certifying to the correctness of an co of a power of attome and the seal of the Company be affiixed facsimile ���Y. Y ���' fY B Y PY Po . Y m1P Y may by S' W any power of attorney or copy thereof issued on behalf of the Company. Such slgtmuntmrru and sea!we hereby adopted by the Company as original signatures and j seal,to be valid and binding upon the Company with the same force and effect as though manually a-'t-axed." CERTIFICATE j I,the undersigned Assistant Secretary of Mu.-Ohio Casualty Insurance Comptusy.do hereby certify that the foregoing power of amonwy,Article VI Section 7 of the y f by-laws of the.Compiny and the above Resolution of its Bond of Directors are true and conect copies and u-e lu fW1 fot,x and cdccrt on this date. (. lN,Vffn FSS WHEREOF,I have hereunto set my hand and the seal of the Company this day of A.D.. .. SEAL f F (12195) Assistant Secretary . , Cu�Y��rRia���os�■���am .! u•J►.�.vs�...�.�a...,,�..w��.�..- {�—___ ___ . nt- ... ..,,. i!' t1F '�\ 1 a I''s 7 �l, .%, , ,,r-,.1p:y:r t Y Y -1. ', ,� \• ry%\, I,' .\ 1 �. , 1f v, [ r .!' / t•/Jt/\, r , / .,t` .III A' .� .Ira \.. �' . ' ✓ I 11 ` '~C -,t,'-.v„'V•\,•. i1-\..ft( '{a:..Ty' �7;•,♦!1( r.``�.:I,yyf�9:y::5�• q;.. :,y':-n„1-. .1 ',.�y\:;r• ,f..,.\ r�;' I\� 'r , ,:klrrywt +'�\ff"r,«�.�.�;d!7:•.l.,.x r=•. \,rl..•y.,'..w.,"`~• '1' / +.;, .1. `\1• •i' 4' .•Yf/� .K'.,�,1.4 s`r. ,iil"^r- 1: ' 'ITL�'4i,y �',''l-1 `` :.c. \ r 1. i f.' / ° ' rn;rt ,:I' 11, W)'.,� t :ri^if' i1,-' a-':'.r?,,;\r'' S' -, i I,,,,,\ ' t`'' •;i-- '. Jt •, ,f 36,1-,w '\ 4.i or'�_:{.' '.r!'`•r. •, '� it \. •Y;>,! 1 1 �i: .t. � ": .I.:` °'' •!• 7 '°. -,!-. ( I', 114:1:..;• .��:: , SPECIFiCA,TIONS',AND CONTRACT DOCUMENTS �s 1998 S`TORM�FA TER PROJECT NO. 2 4 project No. 33637 -W. McCarty Stet i PrgjeGt'i�o. 33044- SDt���ri0od Dnve Project No. 330 46 -Carde;l Street, Atchison Street/Salvation Anne ` i e 1 ,+ll pool Or 1JUMBEii _. E-17511 " ti Ni totil6ate FES { a 'Jbfi�d dn Ci� D partment of hfu�b9ift; lei s ' November 199$ T i � i t CAWPDOMPROJECT1a U myvaoter project no.3 Wans and$pWff('45C t smpd Plovembix 5,1958 o of , 5 \ \ .:- ... -- ,. ___v ��,�.---�•...—.�...... .�.���w�. ..�_au.uraly-�w�aa-.rr wraaw�r��4ia I 444y i $ TABLE OF CONTENT� r , - Advertisement for Bids i • Notice to Bidders i —; Information for Bidders j • Bid Form 7 J • Bid Bond • Anti-Co!lusiort Statement * :� Contractor's Affidavit ' , Minor B61SIntiSS Enterprise Statement ! y y • Statement Of Minority Business Utilization Commitment � i • Affidavit of Compliance with Prevailing Wage Law ' r:, f Prevailing Wage Determination I • Affidavit of Compliance Public Works Contracts Law Excessive Unemployment Exception Certification Construction Contract • Performance, Payment,,and Guarantee Bond { General Provisions iyyyy • ... Special.Provision s a �a y 'Attachments `; f! Addendums ( If.�Any,)' k INDICATES T1-I15 ITEM INCLUDED N BID PACKET'FOR' SU�M15'u�l©!Y OF BID):;, � C:AWPI)OCSNPROjEc'T oxt iv itu project no.2 plans am z�+cifl aftisawpa! Novem4�,v 15,1999 1 4 4s City of Je fferson Duane Sehrei mann Mayor ;. Department of Public Works Martin A. Srose,l':E.,Director 320 East McCarty Street �. Phone: (673)634-6440 Jefferson City, Missouri 66101 Fax: (673)634-6467 7 ADVERTi ERIENT FQ_R El[?t I Sealed bids will be received at the office of the Purchasing Argent, 320 East McCarty i Street, Jefferson City, Missouri 65101, until 1:30 P.M., on"Tuesday, Novembor 24, -� 1990. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. t on that same day. -' The proposed work for the,project entitled "1495 Stofrsmwater Project No.2-Project _. No. 33037 -ire'. McCafty Street; Prgject No. 33044 -Dogwood Ds ive; Project No. 33046 -Cordell St;reet, ,Atchison StJSallvation Army", %vill include the furnishing of all material, labor, and equipment to install miscellaneous storm drainage -i improvements in various locations in the City. Work includes piping, inlets, curb and gutter and grading. A pre-bid conference will be held at 1:30 p.m., on Tuesday, November 17, 1993 in _. the lower level conference room of City Mall, 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 Public Works, 320 East McCarty Street,Jefferson City, Missouri. A non- refundable deposit of$30.00 (thirty(dollars)will be required for each set of plans and specifications. Individual full sire sheets of-the plans may be obtained forThree Dnilars � ($3.00) per sheet. I The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Dates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bibs and to waive informalities therein, .J` to determine which is the lowest and best bid and to approve the band. CITY 0 JE FERSO J es Har ley Purchasing Agent i Publication Dates November 8 1996 i CAWPDOCSTROJECT%storrawater protect no.2 plans and spociftadons.wpd November 2, 1998 J r; W 4 i =-� N NICE TO BIDDERS i 1 { 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, November 24, i 1998. The bids will be'opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. i The proposed work for the project entitled "19913 Stormwater Project No. 2-Project f No. 33037 - fly. McCarty Street; Project No. 33044 -Dogwood Drive; Project No. j 33046 - Cordell Street, Atchison SUSalvation ,army" will include the furnishing of t all material, labor, and equipment to install miscellaneous storm drainage improvements in various locations in the City. Work includes piping, inlets, curb and � i gutter and grading. _.N I A pre-bid conference will be held at 1:30 p.m., on Tuesday, Novembor 17, 1998 in 5 r the louver level conference roolm of.City Hail, 320 E. McCarty Street, Jefferson City, y ! - MO 66"101. All prospective: bidders are urged to attend. e I _{ All equipment, material, and workmanship must he in accordance with the plans, ! specifications,`and.contract documents on file with the Director of Public Works, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Public Works, 320 East McCarty Street,Jefferson City, Missouri. A non- refundable deposit of$30.00 (thirty dollars)will be required for each set of plans and r specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. f`t A certified check on a solvent hank or a bid bond by a satisfactory surety in an amount t ` equal to five (5)percent of the total amount of the bid must accompany each proposal. 1 - � A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all,bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. (CITY OF JEFFERSON, MISSOURI - i j Martin A. Brose, PE Director of Public Works . 'pssi ez. CAWPDOMPROJEG�ldonrysater project no 2 plans and epec&,adons.wrpd November 5,1898 I .. : INFtlRIl ATiON FOR BIDDERS IB-'I aCOPE DF Ih�, °& The work to be done under this contract includes the furnishing of all technical personnel,labor, ...t materials, and equipment required to perforin the work included In the project entitled "19913 Stormwater Project No. VProject No. 33037 -W. McCarty Street; Project No. 33044 - Dogwood Drive; Project No. 33046 - Cordell Street, Atchison St.iSalvatli n Army in � accordance with the plans and specifications on file with the Department of Public Works. I The proposed work for this project will Include Rlis furrnlshfngr of all rnatedaI,labor,and -- equipment to Install mrlscelh nexus sform,storm, denainage improvements 6n various locations -, In the City. Worn Includds piping, Inlets, curb and gutter and grading. _ 113-2 INSPECTION QEIIq LOLSS, SPE FIQATIONS..Ayll SITE OF WORK 7 The bidder is required to examine carefully the site of the.proposed work, the bid, plans, $ J specifications,supplemental speciftations,special provisions,and contract documents before submitting a bid. Failure to do so wrlil not relieve a successful bidder of the obligation to furnish . all materials and labor necessary to carry out the provisions of the contract. IE-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 affact the cost, quality, quantity, or character of the project, he shall request in waiting, at least five (5) days prior to the date fixed for the bid opening,that an Interpretation be made and an addendum be issued by the City,which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda Issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the Interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. ? 1.9-5 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder t+, 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 raserves 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 propeniy.qualifed to carry out the obligations of the Contract and to complete the work contemplated therein. :J C.%WPDOCS%PROJECrlsbrmw*(vr prrt d no.2 plans and speciflcations.wpci November 5,19M i f i 113.5 EQUIV�AI°E�-[ E IAL Whereverdefinits reference is made In these Specifications to the use of any particular material � i or equipment, it:s to be understood that any equivalent material or equipment may be used t which will perform adequately the duties imposed bythe general design,subject to the approval z of the City. i 113.6 810 SECt11R Uly 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 W award of the contract except to the successful bidder. ; Should the suc cessfial 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 l } as liquidated damages for such failure or refusal, the security deposited with his bid. 113-7 PREPARATION OF BIDS Bids must be made upon the prescribed fomZ s attached in these Contract documents. Only y sealed bids will be considered,'all bids othaiwtse submitted Weill be rejected as irregular. :. l' 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. r j Extensions of quantities and unit prices shall be carried out to the penny. . ''1 ? I13,8 IRI.-MS 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. l 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$500 L from an individual supplier. All sales taxes on.those Iterns which do not qualify for the use of the City"s sales tax exemption � and for which sales,tax might lawfully be assessed against thei City are to be paid by the Contractorfrom the monies obtained in satisfaction of the Contract. it being understood by tyre bidder, that the bid prices submitted for those items shale Include the cost of such.taxes. t CAWPOOC'SIPR0JECTUtonviw&Wr proWt no.2 plena and spc-cillcaWnampd November 6,1!396 r � S...i..w, r-r..:.nuau.H•iawJMMwµer...._......u...,,w.........:... .......,. .,. _ F IB-9 APPPtQXIMATB QUANTITIES In Gases where any part or all at the bidding is to be received on a unit price basis, the _J quantities stated in the bid will.not be used In establishing final paymentdue the successful Contractor. The quantities staffed on which unit prices are so Invit�ad are approximate only and K` each bidder shall make his own estimate from the plans of the quantities required on each item 1 and calculate his unit pAce bid for each item accordingly. Aids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best Information available, are approximate only. Payment of the Contract will be based on actual i number of units installed can the complete work. I13-10 LUMP SUM ITEMS I Payment for each lump sum Item shall be at the lump sum bid for the Item,complete in place, f and shall include the costs of all tabor,materials,tools and equipment to construct the item as described herein and to the limits shown on the Plans. '. IB41 _ t1BMIS 9ON OF BIDS 1 The Sid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and s marked "199$ Stormwater Project No. 2-Project Igo. 33037 -W. McCarty Street; Project No. 33044 -Dogwood Drive; Project No. 33046 -Cordell Street, Atchison St./Salvation Armyy. E IB42 ALTERNATE BIDS In making the award, if alternate bids have been requested, the aitemate bid which will be in i the best interest of the City will be used. -� I134 3 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 i after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. 41 IB44 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. CAWP DOCSTROJECTtaivmwater K no,2 plans vend G ! ' Pry Pacfrti:.9danG.wpd November 8,IQ98 , i i 7 IB-15 AWARD OE CC3NTRA If,within seven (7)days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and 7 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. t IB-16 PERFORMANCE AND Pr�'�MENT BOND A Performance and Payment Bond In an amount equivalent to one hundred percent(100%) of the Contract pries, must be furnished and executed by the successful bidder or bidder's. A f form for the bidders use Is contained in these Contract Documents. i ! The issuing Surletyshall be a corporate Surety,Company or companies of recognized standing j licensed to do business in the State of Missouri and acceptable to the City of Jefferson. ^, IB47 INDEMNIFICATION AND INSURANCE The Contractor agrees to Indemnify and hold harmless the City from all claims and suits forloss i of or damage to property, Including loss of all judgments recovered therefore, and from all s. __j expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or om sslon 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. I134 8 BID SECURITY RETURNED TO SUCCiESSFUL BIDDER Upon the execution of the Contract and approval of Bond,the Bid Security will be returned to j the bidder unless the sauce shall have been presented for collection prierto such time,in which ! case the amount of the deposit will be refunded by the City. ' r IB49 NONDISCRIMINATION IN EMPLOYMENT t --° Contracts for work under this bid will obligate the Contractor and subcontractors not to i discriminate in employment practices„ d 71 } IB20 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 3 `` { ' by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through,290.340,inclusive of the Revised Statutes cif Missouri, 1959 and as last amended in f 1993. (See Determination inr:luded hereavith.) CAMDOMPROJECTWWrmwater project na.2 plans and specificatlons.wpd November 5,1995 - " i i i t 1 S 19-21 Gli-�TEi� The Contractor shall guarantee that the equipment,materials and workmanship furnished under this contract will be as specified and viii be free,frorn d efects for a pentad 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 i 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 a.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 fora period of one year from the date of installation ihereof. 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 wont to be done by a third party,the costs of the work to be paid by the Contractor. ! ' In the event of an ern"ency where, in the judgment of the City delays would cause serious loss or damage,repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. I13-22 NOTICE TO PROCEED 1 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 I completion of.the project shall begin to run on the date established in this notice. k. 1623 WO�iK CI�I�i�4Jl..E 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 shell, at the request of the City, suf�rroit for approval a complete schedule of his rations of work are ` proposed construction�ro2�dure,stating the quence In which various ope to be performed. 1824 C NTRACa'TBMJiv . . �L t The contract time shall be sixty (GO)'working'days. f � • November S.19M . C:\WPDOCSTROJEC'ixato=* ter project no.2 Plana and spe�ci.tet�tlone.wpd i 7 I �a: t IB-26 LIQUIDAID DAMAG S n.: Liquidated damages shall be assessed at the rate of$5019 per calendar day until the work is ' i complete, should the project not be completed within the contract time, I ' IB 26 -0%5 R OF A1-10 IEY Attomeys-in-facet who sign,bid bands or contract bonds mast file with each bond a certified and effectively dated copy of their power of attorney. IB-27 BID PA!CICET Each bid must be .submitted an the prescribed forms and contain certain certifications and documentation. t - Each bid must be submitted In a sealed envelope bearing on the outside the name of the bidder,the bidder's address,and the narne of the project for which the bid Is being submitted. ` If forwarded by.mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: Purchasing Agent t City of,Jefferson, ICAO . 1 326 E. McCarty Street z ' Jefferson City, MO 65101 , For,the convenience of bidding this project, a "BID PACKET° has been included with the t ' project manual. This pat;cet contains the necessary forms to tie.submitted with the laid proposal. The contents of this packet include the following: I ', 1) BID FORIA ' 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) C ON TR ACTC WS, AFFIDAVIT I 5) MINORITY BUSINESS UTILIZATION COMMITMENT f t , J , I 1 END OF INFOFtMATI N FOR BIDDERS 6j 1. ati: � rt r C:IWPDOCSTROJECT%stormwater poolw.no.2 plans end gxcif'Erafto s.wpd November 5,'1898'" a=b.Atf,44'Srit'? k.. : _ Q 3 s f : ¢•°""� a�aa�wracs�ao i I Name of P�T ! ✓ /4 A� �� y, j --, Bidder } Address of Bidden To: CITY OF JEFFERSON �. 320 East McCarty Street. I Jefferson City, Missouri 65101 I I THE UNDERSIGNED BIDDER, having examined the plans,specifications, regulations eg s of the Contract,Special Conditions,otherproposed contract documents and all addenda thereto;and being acquainted with and fully understanding(a)the extend and charactero€the work covered by this Bid;(b)the locat16n,arrangement,and spedf'ied requirements for the proposed work-, I .. (c) the location' character, and condition of existing streets, roads, highways, railroads, Y pavements, surfas ng, walks, driveways, curbs, gutters, trees, sewers, utllfties, 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 rw andling of excavated materials; (f)the location and extent of necessary or 4". probable deivatering 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 t' 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 supepAs!on; and to construct, Install,erect, and complete i t all work stipulated,required by,and In a=rdance 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 press dbed and that he will accept In full payment sums determined by applying to the quantitles of the following items,the following unit prices and/or any lump sum a ' y Q p yments provided,plus or minus any special payments and adjustrriehis provided in the specifications and he understands that the estimated quantities herein given are f 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 increasds or decreases maybe f made over or under.the Contract estimated quantities to ptovkie fog needs that are determined during progs, of the vioric end that prices;bid,shai! apply to such increased or decreased quantitles as follows: „ 1. r�s '•.. ... .' ._ ... s t } } c ' C:IWPDOCS`FR0jiECWt0m iter n*.?.prns rind"ficadonu.vdpd November 8;1096 e § v -mkw' '+»IG. .,,Aw.r a W r.�kk+' i' k.0 .. ,,♦; . r � t + 7ilIRl6�lil0®!tl VYr,R�rr��wa!I�wuawa��-'•. .. ., ,. .. CRY OF JEFFERSON PAGE i ITEMlwD,Ella 116R.'4i 1985 STQ+RR'111VA'lF.R PR. £G'1'NO.9 . ITEM APPROX. UNIT NO. o- DESCRIP'I'!ON r..�..._m UNIT QUANTITY PRICE AEfJdI�1NT o A-W.MCCA.RTY STREET STORM DPAiNAGE -z 1.01 4'x 4'TYPE C INLET EA 2 + 1.02 4'X 4'AREA INLET EA 3 1A °O 1.03 TX V AREA INLET EA 1 _e 1.04 4'DIp►.MANHOLE EA 1 �Cl °O 1.05 6 DIA.MANHOLE EA 1.06 1 5'HDPE LIF 245 1.07 lWHWE LF 28 Soy= ®0Ab 1.08 24'HOPE LF 283 ��0� � ?ass! 1.09 24•RCP LF 6 �. 1.10 CONCRETE COLLAR CONN.EICMON EA 1.11 REMOVE AND'REPLACE CURS AND GuT ER LF 74 S®eO x'1.121 REMOVE AND REPLACE PAVED DITCH SY 46 1.13 REMOVE AND REPLACE ROADWAY PAVEMENT . SY 14 0 t { 1.14 REMOVE AND REPLACE RESIDENTIAL APPROACH SY 7 1.15 SEED AND MULCH AC 0.3 1.1s REINSTALL STONE WALL 1.17 CONSTRUCTION SIGNING LS 1.18 ROCK EXCAVATION(TRENCQ Cy 10 100 A.06-4- TOTAL IUD,W.MCCAM STRMT STORM DRAINAGE' to MINN J t : , � k ' � �ili' ♦a'1S�IIV101.�Y�Y�1a�..�er.e�.r.u.a�./. CITY OF JEFFERSON PANS 2 Immilill Bin FORM " ! I 1998 STORMATtF R PROJECT NO. APPROX. UNIT DESCRIPTION �,UNM QUANT17Y PRICE All _ —; B-DOGWOOD DRIVE STORKS DRAINAGE i '-' 2.01 4'X 4'TYPE C INLET EA 2 a•°-om�-• --PFD==--e 202 6'X 4'TYPE C INLET I A 2 -- 2.03 4'X 4'AREA INLET EA 3i� 204 4'X 4'JUNCTION BOX EA 4 I 205 5 X 5 JUNCTION BOX 1 EA 2 zoo v 2.06 5 DIA.MANHOLE ' 2.07 15•CSP LF 05 i dLO 208 24"CSP LF 252 Yj LF 143 2.09 30'CSP . � o 2.10 36'CSP LF 30 °.� 219 15'CSP FLARED END SECTION 1 ` 0000 ,212 36'CSP FLARED END SECTION EA 1 _ -� 213 24'RCP LF 43 4 30'RCP IF 69 1 2.1 --�=---. !'-4 r , >{ 2.15 GROUTED RIP RAP SY 105 - d �, (o ft t A� 216 PAVED DITCH SY 16 - 217 REMOVE AND REPLACE CURB AND GUTTER LF 152 2& �. 218 REMOVE EXISTING AND REPLACE WTH MODULAR WAL)- SF 450 - 219 CAP BLOCK LF 75 ; { 220 REMOVE AND REPLACE ROADWAY PAVEMENT SY 49 i. ..l 221 REmovE AND REPLACE RESIDENTIAL 6'PCC DRIVE-WAY SY 20 222 REJAOVE AND REPLACE RESIDENTIAL APPROACH SY 10 J . 223 SEED AND MULCH AC 0.4 224 CONSTRUCTION SIGNING LS og �i 7.25 ROCK EXCAVATION(TRENCH) CY t0 TOTAL 610,DOGWOOD DRIVE STORM DRAINAGE -7777"r-7, f J , s 47,77 7 — — l rt, c i t ��iig'�s����u��rrii$ir`w".��C�PhS15�CAl{S�Ih MI�I�RI�hD1'�MlxierMV7�ro�reM��e��rr,. .� ._ � - • OF JE C 'FFERS04� PAGE a C" TIImm em lFoRM {' iM STOR WWATJR PRaJECT NO.1 APPROX. UNIT I UNIT QUANTITY . PRICE AMOUNT ., .....,,.:�,.. _., �,IO UNIT ' C•CORDEU STREET STORM O'MNAGI" �.a1 CIA : EA 1 0 3� V X V TYPE"'C`INLET EA Of# &W 4'X T TYPE*A!I?ICET Tr 3fj4 .7.4' DPE FLARED ENO SECTION FA 1 �00 _ am 1(' I.F 161 r 1 ;. W I 'CE !,F TO 5.07 R EMCNE AND REM ACE.RESIDE-NnA L&'{HOC DRIVEWAY SY 8 36D SY 12 REMOVE aJ REPLACE R:virNT3FE APPROACH 9I ,w-%WYE REPLACE CURB AND GUTTER � � ` X10 fI1:IVE AI+10 REPLACE ROADWAY PAVEMENT SY 17 ©b tlO ^ EA 2 � 00. p.EI.00i'�T>y E3tIt1T1G�G WATER METER 51,1 'SLOPE PROTECTION SY TQ 5.13 4F[U ANp I�@Ul.C�1 AC U.1 z5 5.I4 d0Nej'RUCnWI SIGNING IS 0 O 3.15 R=.C7(CAVATIGN NCHj CY 10 /00 TOTAL BID,CORDEI.!STRE(FT.STORM DRA KAGE bi tt 7F c t T t , : t . +.o�r�,sn��o�n�enagAr��eri'�sn�cr i ..J t CITY Q'f•JEFF rEItSON,1 PAGE 4 : ITMI°ED BID FORM 1693 STORWATER PROJECT NO.2 M ITEM APPRAx. UNIT 4 140. DESCRII%TOON .._...._..._.._. UNIT QUANYTTY PRICE AMOUNT j D-ATCHISOH STREEWSALVATION ARW 4.01 4'X 4'AREA INLET EA 1 Leo pa 4.02 4'X 4'TYPE'C'INJLET EA 1 Z_� t9.Q 4.03 4'DIA.MANHOLE EA 1 Zoo* / zooc } 4.04 15'CSP L.F 201 QZpa= J r� 4.05 .18'RCP LF 3 J o de f t 4 4.06 REMOVE AND REPLACE OURO AND GUTTER LF 35 4.07 REMOVE AND REPLACE COMMERCIAL.DRIVE SY 60 ' ® G R �f 4.08 REMOVE AND REPLACE GONCRI"TE SIDEWALK Sy 7 j 4.09 REMOVE AND REPLACE ASPHALT ALLEY SY 48 � o? ' s 4.10 SEED AND MULCH AC 0.1 -' 4.11.. CONSTRUCTION SIGNING LS 1 Z,ddOO ZOO=o ' 4.42,.ROCK EXCAVATION(TREiVi) CY 10 J ► .� r TOTAL BID,ATCHISON STREETISALYATIr.IN ARMY STORM!DRAINAGE TOTAL BID W.MCCARTY STREET STORM DRAINAGE TOTAL BID DOGWOOD DRIVE STORM DRAINAGEQ _�.. TOTAL BID CORDELL STREET STORM DRAINAGE TOTAL.BID ATCHISON STREETiZAI.VATION ARMY STORM DRAINAGE 900=9 TOTAL BID 1998 STORMWATER PROJECT NO.x J.1. f f ,• 4 } SUBCONTRACTORS If the Bidder Intends to use any subcontractors In the course of the construction, he shill list them,, i TIME OF COMPLETION i j The undersigned hereby agrees to complete the project%rithin 60(sixty)working days,subject to the stipulations of the regulations of the Contract and the apedal Provisions. It Is understood and agreed that if this bid is accepted, the prime quoted above Include all applicable state taxes and that said taxes shall be pain by the Contractor. The undersigned,as Bidder,hereby declares that the only persons or funk► Interested In the b1d as principal or principals Is cr are named herein and that no other persons or firms than herein mentioned have any Interest in this laid or In the Contra#�to be entered info;and this bid i 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 underskjned.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 provide. z. :. If written notice of the acceptance of this bill Is mailed, telegraphed, or delivered to the undersigned within sixty(60)days after the date of opening.of bids, or any Rime thereafter,. before this Llc I's witfic r wn, the undersigned will, within ten ('10)days after the'date of such malling,telegraphing,or delivering of such notice, execute and deliver a Contract In the foml ( of Contract attached. i a Q%WPD0CSWk0J1+ECT kNww&1w p!ojW no 2 plans v W rPw tfc&%ana wpd Novr 5.low , a y t ... .. i - f 1 ilk as u�e_m.__.�_'r+wvraowawrw_n�.�I.aft[�l1i.NR.1M1p1i"1®�1.1�1RlfY�{I1t�10MLd'iA �______'1 f ' 1 � . y � 5 The unde*ned hereby designates as his offic*to which such notice of acceptance may be malled, telegraphed, or delivered: JOL it Is understood aid agreed that this bid may by withdiawn at any time prior to the scheduled j r time for the opening of bids or any authofted ,postponement thereof. i Attached hereto is a Bid Bond for this sure of 171. a ol6ars Q skier's c#��. }, r► kw payabl .to the City of Jefferson. Signature of Bidder. If an indiwidual,-_ r doing business � i a. .� as If a partnership,___.._____ member of firm. by F if empafati", �js4-vd 4Lis ..�..�i. �.a � by A&LHA2 { Business AddrF.ss of Bidder If Bidder Is a corporation, supply the following Information: State In which incorporated Name and Address of it~.: ► President Secretary_ Date. C:1MfPS�OCStPEiI?JF.M�totmwater projed no.2 pith and epSC&.&1dons.wpd Navomber 5,1988 Y g74 1 1 ` i BID ELONj KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,_­ _ as Principal, and as Surety, are hereby held and firmly "s 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 ourselves, our heirs, executors, administrators, successors and assigns, this day of_-,1J98. The condition of the above obligation Is such that whereas the Principal has submitted to the CITY OF.IEI=FERSON, MISSOURI a certain 'Sid, attached hereto and hereby made a part hereof to enter Into a contmet In w6 ting,for the project entitled: I i 1 "9993 Stormwater Project No 2-Protect No.33037-W.McCarty Street*Project No.33044- Dogwood Drhre; Project No. 33046-Cordell Street, Atchlson St.1SaWtion Army" ' NOW,THEREFORE, (a) If said Bid shall be re.Jected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract In the Farm of Contract attached hereto (properly completed In accordance witi7 said Bid)and shall firnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or fumishing materials in connection therewith,shall in all other respects perform the agreement rated 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 thatthe liability of the Suretyforany and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. 1 r The Surety,forvalue reoeived,hereby stipulates and agrees that the obligations of said j 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. j IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands i and seals,and such of them as are cotporations have caused their corporate seals to be hereto i affixed and these presents to be signed by their paper officers,the day and year first set forth above. (L.S.) Principal SEAL E , j B _ CAMDVCS`,PROJECT%stormwater projod no.7 plans and spoclfacaWns.wpd Noeen*w 5.IM � f ___ .,.._.. ,.,m ,, .. aa�.�.. ar et•��IYJ•OY e.all4 I.aa..»a�aae.,\1.e.a• . s 1 .� 1.• • a, ...•R,...1 5 .0 l)� �.{ aaaase..Y�• iaaf,las.a.51a ...01•.— .4 '0'..*ae a1•alsaall.a I V,/ 1 [ t'����``����``��y�y�.�'//�-��-.-Y�y /R�pNY9� before mr <� ��•�� OJ[.•...YAR1ir.Y1f.111A• 11 11160.•..1.0...6.6.YY..•6.1.11.11...1........Y....1..1, �'/ t . I .................; 0 4 l�I w�. 6. uI q� •..6 �pQ C .. , N.arl.Q..a...l H.e aV.aa1.,.....a.....a..............an.........,.r..a.e..,.....I............a.aa.a.........a. A"oeY �W��w.'^ '' peneona l,✓. apE� ersone]ly acquainted, who being ba tae COMP an , o w» fn�turance 'l1 Y Yilt m f axn P Of 4M �?l Cawuaity Illinois 11. ;that he�the . I ►twQrn, did depose d say. that he resider- in..,........................................................ the corporation named in and which exexu } Atta�ra►ay�in-fact�,f'1l�+a Ohio �aruslty lnsuzsc� Gonnpany. that the,seal affixed t' ..,1 t or arithsn Est=�t•meat; "t h6 knows itha corpnxaI teal'of said corporation: ! . Fiat ia!.such eaa porate teal; that it vas,00 s ',�dnsbtrey�m°ent as Att rnasy inn-fs"C'f said col ; 1 the aiairl mrtrurn said corjporatiaza, sand, tiaat lac sa�ned .and casewted tha aaY lice ordzr. t poratio sa by •.ti:,- +mot r,l, . /{//� �2 1 ...i �•'".( commission expire ..6 a.INa1L. MEX,*CLTM1!..• {. t GQ» I� i �'. :} dol tP a State aP ionais . _ f ' Foes 3.1190 rhs1m Eupires MA M2 I „ I il�Y �N { �! ; I 1 .;'I 1 d 41%I xr ! .. I 1. .. ." . . . . ,. s ... ti . . „ ! i ' . ' I:. 4 11 �.. .. r i F` . . . ;:1. L.� .i , I 5: ' 1 F y i . r .. r t r.'., _ . ,, . , ' ��t z tk i! ��(�k�i t. '� i { tit;i lr��' i Jf P L g i� jl , ' r I t' ti � ! ! S �t ! 'i ti {: r .A !1� t4F f {�t lr, l II 1.I� Ob „: I' r r i f ,, R ~,y ' .rryy� i -!, ! ! $S-rt v th t It rr r . 1. 5�, t ft , t S -. i i t{ t gyyyyp {i (((( }1 L .' i t( { .klk it C. d s ., i 1. 1 t f it ". r stir ! �# :r� d" {11 V° fv-:w.+ ...�.:.�wow.r•a.-..rx rw.sr:.w.,a.,..MVwe Y .es ,�+.r. .i""rr -_,,,e,t . M „" .,y d Mt ri,! .a.J �'. t - aen,4ew+t tvl+.k.irl,LZ'�. 1-1 i t� !r y < , r r ..4 11,tr �t L t�. �'{! 1 i ' t r �'' t Y 1. Y,t i - 4 .:-. t' { tit t 7 ll ( L. 1 r (' X3 Lff dry S N r�' t { �5` r J T i 1:' , ' 4 i l ., } s r t r i j .jx r (r S 4 , 3 eifueumf�ai�,iu�W6niiate.m�n,iYis iniarme>s.irrm.e.�..�.:.- - .�'_._�____-- _ �`ri_r>,t.:i #��`," .. -' r--,-.�.--.--..-.�-.....�.,-.A.--_..°-...-•-�ww•c..�..+..rv.xw....1.•�•...-.....,...rwee.nay.a+..c.urv.-.rc•n�vnwrr�u•��+wonrr �WaH®��HewmCeR a THE AMERICAN INSTITUTE OF ARCHITECTS f ' AIA Document A310 13*1d Bond 1 " KNOW ALL MIEN SAY THESE PRESENTS, that %ve KAUMI+LAN BROMRS L.L.C. t (} as Principal, hereinafter called the Principal, and - OEFI© C.ASUALr.!']f INSURANCE CQM,PANY a corporation duly organized under the la%% of the State of OIiI(3 r ; as Surety, hereinafter called the Surety;are held and firmly bound unto CITY OF JEFFER("" CITY } as Obligee, hereinafter called the Obligee, in the sum of FIVE, PERCENT t 5a) OF A14OUNT OF _ BID -- - - - - - - - - - •- - - - - - - - - .. - - - - - - - - - - for the payment of which sure «veil and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by - these presents. WHEREAS, the Principal has submitted a bid for 1998 STOW WATER PROJECT' #2 _t i E f NQW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principat wait enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond oc bonds as may be specified in the bidding r or Contract Oncuments with good and sufficient surety for the (aithiul perlormrnce o,t such Contract and for the prompt l payment of labor and material furnished in the pcosecution thereo(,'or in the event of the (allure of the Principal to.enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty , hereof between 6e,, amount specified in said bid and such target amount for which the Obliges may in,good faith contract � } with another party to perform the Work covered by said bid, then this obligation shall be null and void,otherwise to remain i 4 in 011 force and effect. I Signed and sealed this 247H flay of NOVEMBER 19 98 (` KAUMA�I HRVM}ZS L.L.C. (Seal) j f CES) ,U i��•��v r Thetas A Kautfn un (T Manager THE CfHIO MSUALTY INSURANCE CCHPANY E (Seal) S ` (9Nitnessl —. (Title) AttO2 Tle —:Ln—Fact Joni, H. l iafm y AIA DOCUMENT A710.810$ONO•AIA B•FtORUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHIYECTS, 173S N.Y. AVE., N.W., WASHINGTON, E7.C. 200% 1 I • CERTIFIED COPY GF POWER OC A.`rToRNEY THE OHIO CASUAL TI Y INat)RANCE COMPANY HAMILTON,OHIO No 33-202 Know AI!lWtlra by TPt4"ioras"I+xt MIN THE 0190 CASUALTY tNSURANC`E COMPANY, in 7 of the BY-LAWS of said Company,does hereby nominate,co%tttute and pw�=of autRrority granted by,Article V►, an of appoint: JObn J. Freiburg H or John IL William or Marry F- Y Quincy,Illinois its true and Sawfv3 agent(t)and axomiey(s)-in-fma,to rnske,exec"",real and deliver for and on its behalf as Met,.and as its act -W d=ed any and all BONDS, UNDkATA KINGS, rM RECO(7NtZANCG.S. not exceeding in any single instance FIVE MULLION (S5,000,000.00) DOLLARS,excluding,hotiftTcr,any bond(s)or tnndertalrixtg(s)guararrtt:eing the payment of notes and interest thae:on f ; d the execution of rich bonds or undenalcin in i p��a of these pretcnts,SIWI be as binding upon said Company,as fully and amply.to all intents and .imposes,as if they had been duly executed and aclmowfedgtd by the regularly elected otlicers of the Company at its eflice in 1Hamiiwn.Ohio.in their own proper Ferns Monty granted herewider supersede-.i'nY prcvio�6%authority heretofore granted the above named attorney(s)4n-fact. iI In W]TNUSS W]•II:R,EOF.the undersigned officer ofthc said Thc Ohio Casualty Insurance Company has hereunto subscribed his i name and affixed Vic t:arpomte Seal of the said The Ohio Casualty Iruurv.ce Company this 15th day of June,1998. r 1 SEAL ' Sam Lawrence,Assistant Seaetuy STATE OF OFIIO, ""OUM Y OF SUTI ER j , c e S m 15th day e,Jules, 1998 ec before the sups fiber,a Notary Public of the State of Ohio,in and for the County of Butler.duly commissioned and qualified, e+ane ► .AssisWit Secretary of T E OHIO CASUALTY INS U .Nt:l's COI4fi'AiJ't.tp fine Ixrsorally,known to be the individual and offio described Jl,and vrtto executed the preceding instrument,and he acfnrow1ceigsd the exccutioit of the same„and beiing by me duly sworn deposeth and saith,that he is the officer f the Ca ft*mny aforcs2id,mid drat the serf&TL%cd to the pi=cding instrument is the Corporate Seal of said Company,and the said Corporate 0Wwaweve duly r red ind subscribed to the said iunsnu me t by the authority and direction of the said Corporation. Scat and his signature IN 1T:STIMONY WMEOF,I have herewito set my hand and affixed my Official Seal at,the City of Flsmilton, State of Ohio,the day and year first above written. Notary Public in and for County of Butler,State of Ohio My Commission expires September 25,2002. '• `Tbls povrem of attorney is i mey granted under and by authority of Ardde VI,Section 7 of the By-Leas of the Company,adopted by Its directors ea Blom sottish read: April Z]954,extracts r "ARTT(ME VI" i -that[tx and hereby Avp iahtxnt Attotmy-in-Fact,eta Ttrs chairman of L%c Ewes,the president,arty visa i any paave and mttharity to appoint atkwxys4n-fact for the ' r of Y a arsurety secretary ?. emcute, n'�the'aorpM"seal,acktwwlcdge and ddivcr any and all bonds, recce L: 'of sigtt]ng the matte qt her COY as Surety go,and be j aPlic&.s of insmatee to be gbrest In daror 0f&1Y individual, 'stipuliw the�at other iasoro:rreats of sanetyship and ! i of eoun or ty 'fmTM corporation,ioli or the official re»naatiative thertof;Or�Day county 4P s:as.or any official board or t ty state.or the United Stars of/uam]ca,o<to any War political satbdivislatt" -++t6is butnUl mot is slgtbed and scrleal by frtcsimiie Is authoe-nd by the following Reraludon adopted by the dbutors ofthe Company on 'RESOLVM that the signature of any officer of the Company rurthorleed bk At711cle V1 Section.7 of the -laws to F Y May 27,of H the Setrctaiy•or any Assistant Sciacr by ttrs fwirtt utomeys is fact,the. ; i, fYaB kr the correc`tn'em of any copy of a pourer of and the seal of die Company Duty,be at�xed b sigma I �'ter of tatomey ar oopr thereof Issued on behalf of the Comgay. .Such si anotney �tuures and seal ae hereby adopted by the Co Y t ( go be valid and binding upon the C,ta Company as original slgaatures and mpatay e�;rh the same force and elect as though manually affixed." R the»ndersigtted Assistants ' CMIFFIC:ATE Se" 6UY of The Ohio Culutley Insurance Company,do hereby caft that the f o' 1 __Dr-tzwrs of the Company and the slwve Resolutiaci of its Bond of I?;rcgcn>are trice pid arxrect copies std arc in tiitl tome and�of i,A rtick V1 S�7 of the f t " IN WITNESS Wffl RE)F,1 helve hratuato set MY hand end the scal of the Company`this' 24 r t. day of IVC)V) g A D, 1998 I. SAL Ae .Z Assistant Secretary I r0. T STATE OF._ :¢3's but/ i -°s COUNTY OF ,.. ► 6'�,� � �,_ � tr -� ..____......____being first duly sworn, deposes and says that he Is _. �___ Of 3'LE OF PERSON SIGNING f NAME OF BIDDER i i that all statenz+�nt made and facts set out in tine 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 arty agreement, participated in any collusion, or � otherwise taken any action In restraint of free c ompeNve bidding in connection with such bid of any a�ntrac;.t whlch result from Its acceptance. j Affiant�rt�+er�rtlfies that bidder is,not financially intEr�;stedIn,orfiinanciaNyai�liated�vith,ar�y other bidder for the above project. opi ..! ZA Swop to befon3 me this ;� _. y of � �19 ( _ NOTARY PUBLIC .� MARY LOUISE WILSON 1 1 NOTARY PUBLIC STATE OF MISSOURI' f J COUtjy OF COLE + i COMMISSION EXFtRES MARCH +'I,1601 My commission expires; I C:1W'F�<)C.SIPf�ClECTIsOomrrieaEar prolod no.2 ptans rind spcdf aaonx.wpd Rlrnemt�er b.t8S8 k5� oj J�'�6ifilAi'YbtiMi7l �K Yi��PJQ srrKSta�saais�msv�rreoer�er.re,.�...v�..�,��_��_._�� _ _—_ `R9 I I MUM 'This affidavit is hereby made a part of the Bid,and an executed copy thereof shall accompany each 131d,subrnifitpd. s 1 STNTE aF,__ ! COUNTY OF L e- the undersigned, of Iav&l age, being first duly swom states upon oath that he is I u ; . ACS eke i alwjo Of the contractor the attached bid, that he knows of his own knowledge and states it to be a tact Mat neither sdirl bid nor the computation upon which it is based include any amount ! of mianies, estimate or allowance representing wages, moneys or expenses, however de.§ignated,proposed to be paid to pet�sons who are not required to furnish material or actually perform services capon or as a part of the proposed project. y ' AFF ' 'Suhs chd sworn bef rem a.Isla thi �q(Pu and for the County and State aforesaid, y o �� , 19 t , TRRY PUBLIC IIAR`f LOUISE WILSON --, MISSOURI NOTARY PUBLIC STATE Ot- C17UNTY OF'G01. l ib9Y CoMIt�AISSiON E;(PIRES f,9.4RCH 91,'4Q49 My Cohirnission apires.� 9 11 � M=t C:IWF'COC �PROJECTWWm water projeet no.2 piens.and spulkation wpd November 5:'1 88 r. ....+..�+..�=..aasnt....�n�raw. �.ca,cp,�✓�aaiv�tG+�ivar..yaraimr+wao��ana�rP�a�Y Y i r i Cont=lors 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. f 1 ' . Contractor's will submit the names and ether infoRmation if any, about their MBE sub- I ► contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub-contractors M., when possible on City contracts. _i S. Qualified small, women owned, and minority business will be included on solicitation jlists as sub-contractors for City supplies, services, and construction. i 4. QualMed small,women owned,and minority business will be solicited whenever they are potential sources.. 5. When economically feasible,Contractors will divide total requirements into smaliertasks I or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor wili establish delivery schedules which will encourage participation by small, women owned and minority businesses. -- 7. Contractor vAll use the services and assistance of the Small Business Administration, the OtTice of Minority Business Enterprise,and the Community Services Administration. --j 8. Forms for determining Minority Business;Enterprise eligibility may be obtained from the 4 Department of Public Works. j t '� Pr C:IMDOCS1PROJECTWOrmwater project no,2 plans atxl apm1ficaWna.wpd NovwrAw 5,1998 „ 1 � tju} a -MLRQRjDL8t.L LNE, S LIT UZATION COMMITMENT ..i i A. The bidder agrees to expend at least two(2)%of the contract, if awarded, for Minority Business Enterprise (MBE). For purposes of this commitment, the term "Minority Business Enterprise"shall mean a business: J 1. Which is at least 51 percent owned by one or more minorities or women, or, in 7 the case of a publicly owned business,at least 51 percent of the stock of which ^� is awned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or { mores such Individuals. "Minority Group Member" or "Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1. Black(a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins In Mexico, South or Cantral America, or the Caribbean Island, regardless of race); ; 3. Asian American(a person having origins in any of the original peoples of the Far East, §outheast 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 ether individuals, found to be economically and socially disadvantaged bythe Small Business Administration under Section 6(a) of the Small Business Act, as amended [15 U.S.C. 637(x)]. i ..W 6. A female person who requests to be considered as an MBE, and who "owns" 4 „ and '"controls"a business as defrne4 herein. r,. Minority Business Enterprises may be employed as contractors, subcontractors, or # suppiiells. F S i ;r CAWDOCSTROJECrAtorn water prood no.2 plans and spociRcadons.wpd November 5,1998 � j , t 1 f s B. Ttae bidder,must Indicate the Minority Business Enterprise(s)proposed for utilization as pert of this contract as follows: t Name and Addresses Nature of Dollar Value of cif minoritff mis Partici ation Participation tkp i 4 i 1 i Total Bid Amount: Total: 7 _ E Percentage of Minority Enterprise Participation:_ C. The bidder agrees to certify that the minority firms)engaged to provide materials or services In the completion of this project: (a) is a bona fide Minority Business i Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be fumished by the City of } Jefferson. The bidder will provide written notice to the Liaison Officer of the City of ( ...• Jefferson indicating the Minority Business Enterprise(s)it intends to use in conjunction with this contract. This written notice Is due five days after notification to the lowest bidder'. Certification tiyat 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 biddy; r"s contract is submitted to the MBE Coordinator. Breach of this commitment c nstitutes a breach of the bidder's contract, If awarded. 'I . .a' _ ! 1 D. The,undersigned hereby rA.rtified that he or she has read the terms of this commitment and Is authorized to bind the bidder to the commitment herein set forth. NAME OF AUTHORIZED OFFICER DATE I-Z ._C�8 SIGNATU E OF RUTH I ED OFFICER ." C:%WP6bCSWR0JECT%aWrm%vxtor project no.,2 plans and specs icallons.wpd November b, 1898 t7l?A.: 7 STATE.OF PAID OUK) �ors a on -� Ss for or t cr Oft cc ' COUNTY OF COLE.) 8 t �►�aq� . ---� swam. according 5.63 213 ' LtlZRttif M. � IVI.tCb.......:... ....................beirtig duly 5 ti.T.N�av�'j6 t➢D>9. .. .... , bfi ... Publisher to lay,ssbys he Is .........of the News Tribune Company, sher - of the.I S TRII3�i„E...................1.,.............. ......�f.0.......,..... tats J, a nlewspaper printed and published in the.Csxtnh� Cole. and aforesaid; 1 that said newspaper has beet) published continuously for more than three l years; and that the notice hereto attached was published in said paper in i corripiiance with the provisions of Section93•U`•fi. i t B.S. of info. for '1r149 for...1.-T ................... ...... as follows: list insertion. lda..................... ..22.ND.....—day 1998................ of..,1�J'V......... 2nd insertion. lllo. ................... . . .........I......day of.................. . 19.................. 3rd. insertion. No..................... ................ . :Say of.............. 19 4thinsertion, NO. ................... . ................ day of.................. , 19.................. 5th insertion. No. .. .................. day of.. � ,......... x 00................. �...... ............... � �..�"f, .......... t fee;. - y met this....2. RD............ ., 5itbscribed and,swom to before K1�t MET 't day r . t '4 .... - � �. ..... STA i is Off'�SiSSC'v. l Co Notary Public. cote unty pims:Nqy C�mmissilon lGtcp'ums:Feb.24.2001 . My term as Notar<,r Public expires...................................... '�o 1 } ' { t ` , t ; tIAiVI a• ,. f 1 Oi ELIAN E�1 91T'�PREVAILING KAGE LAW t Before me, the undersigned Notary Public, in and for the County of t State of personally came and appeared i NAME POSITION � of the t ..__; ,�..,.._,_.-.._.�.. NAME OF COMPANY � (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose 89d say that all proAsions 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 s' there has been no exception to the full and complete compliance with said provisions ' and requirements and with Annual Wage Order No. 5, Section 026, Cole County in 1' carrying out the contract and work in connection with 1998 Stonnwater Project No. 3 2-Project No. 33037 - W. McCany Street; Pro'ct No. 3304 - Dogwood Drive; 1 ! Prolo' ct No.33046-Cordell Street,Atchison StJSaivation Army located at Jefferson City in Cole County, Missouri, and completed on the day of r t t' -' SIGNATURE i Subscribed and sworn to me this day of ' 19 ,I NOTARY PUBLIC II € it M' Gdmission expires:_ •. va, ? STATE,QlF MISSOURI . COUNTY OF CAWPDOMPROJECT%stommater project no.2 plane and ep*c&Atlon%.wpd Novtmbet 5,1898 i i y Gia3wll�'dl®11R�ffi11111PEil{ I!'i�R�ieAn.lf�.e. .�a..-...- �s t .. ma a IVI01W.&JLr ! WAGE, AND Ylt)UR SECTION p ® fi DEPARTMENI OF PUBLIC WORKS MEL CARNAHAN, Govzmor } A I.KU I tC: ;b n nn al Wage Ur% dcA r -% r Tmo. Section 020 4 COLE COUNTY In acccorda nce with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wa a Order has been filed with the Secretary tary 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 65,102-0599.`Such objectlons must set fortli In writing the specific grounds of objection:Each r .::'.'obJectaon'shali rertlfy that a copy has been furnished to the Division of Labor Standards, P.O. ;. 1-Box 449' Jefferson City, MO 65102-0449, and to the party which requested this Annual Wage � br 1er pursuant to 0•C�ii3 xis-5.01010). A certified copy of the'Annual Wage Order has been flied ? with the Secret ry of State bf MfSSOUrt. tt olleen A. ,Baker, Director i Ux ' C vision of Labor Standards ,�. r I:iDeci 1AWIth.Secretary'of.Stag: .��_. ... ' ....f � l .f:: APR 6199 , : ,.�► last Date Objectl6ns May Be file Y paoifiel"lt of Laj3K31r a1'iCl YTld115$1W Relations , ,'•y,.Y+' �i.�I�YYlrl.fart�tOlJ�r 1 I j q > I� i i BupdiM(�wisbvcCvn Rates for REPLACEMENT PAGE Section 026 COLE County Mawr -me +irr �! OCCUPATIONAL TITLE Date of Hot.idy Tinso Fio;I&y Total Fringe Benefits Increase_ Rats Rates Rates - rkrs 519.00 FEU -'- $.8 5 J Asbestos Woe _. t6�.ieaynakefs ___ 5/5tg�r 52 .09 E7 .I _ 7 $g15 4lricktEyet jLonta F son�_ 9198 _ $17.0(1 59 7 �.� j Carle�ters w 516.23 60 7 $4.67 03went Masons __ $18.04 9 3 $3.02 Flettlrlans 6lnsirl�1h'�rentan __ _$203 28 7 $5.70+130/6 r t115F ELECTRICIANS INSIDE WIREMAN)RATE ro3�rseunictsti<3r�'1',�e,hniciaa�s _ _�___ Elevator Consul OM- � 7198 a e25.995 26 54 $7.235 i E ON We Haoistt� 520.12 88 3 $9.23 511M S;!ts�tp 11 $20.12 86 w 3 $9.23 Gcou�n III sm_a $98.87 86 3 $9.23 r 11-A 5'93 527.12 843 3 $9.23 Como 111 5198 $20.82 W 3 $9.23 _ G±-oup u r .-_ $22.12 _ 86 _ 3 $9.23 Pi Fidem b $x4.75 '91 3 $1.78 C,�ziera _ - - $'11.85 FED 51.03 i i �tener41 $14.dK1 110 7 $4.70 - Fifes 5ess►ISPam _ _ � $14.35 110_ 7 $4.70 u�tx x7 rJS 1ec5 $14.3.3' 9T6 7 _ $4.70 4Lsi> -Nkata�,Wao�! USE r.IlRi'fc"I�ITERS RATE -- L►roo�aitai_La p^s Ct�tt -- USE CARPENTERS RATE ,� _._ - 9/98 517.00 59 7 $4.50 -� ''e:M!?SrIn5 �_ $17.53 60 7 $4.67 Imn Workers $17.92 11 8 $9.67 Mg P4tt 517.00 _ 18 7 $1.32 l tee _ $17.11 94 5 $2.96 _ F t1i s '- $20.O0 FED f pft � $97.53 60 7 $4.67 noo_ Kos 91:48 $20.10 12 4 $5.14 _ 1 ijee!t h4ets1 Workers � 7198 415.55 40 23 $7.22 ---�__. , S Y, ler Fitt+ 's� ._12.50 FED i Te aazo Workers 9193 $17.00 59 7 $4.50 --� 714 StMtels 9198 $117.00 59 7 r $4.50 Truck @hers-Teamstes $15.90 101 5 $3.50 Group 11 $16.60 101 5 $3.50 f Cwcm 111 $16.30 101 5 $3.50 $16.64 101_ 5 - $3.50 j Traffic CoM'rd Service c ver� $12.90 46 49 $2.03 Or int s - 'USE BLDG CON';T.ENGINEER GROUP II RASE 4�1e9 Wtefil eCtri� _" µf Fringe Bpneft Perc eri fte,Is of the BaO.Hourly Rate `4 t r "A;ir* t ImmmentVA Intx-se `AE Fc3!1TKTE PACE AMIAL WAGE OROM NO.3 tu99 { t Build;ng Construction Rates for REPLACEMENT PAGE Section 026 � COLE County Footnotes ec.eve ati c OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits increase Rates Elates Rates a l r } IANelders receive rate prescribed for craft perfoiTnInrg operations to which welding is incidental. i 9 { V- ­9 ilding Construction Rates on Buildings,and All Immediate Attachments. Use Heavy Construction i .or remainder of project. For crafts not listed in Heavy Construction Sheets, use (Rates shown { J-Building Construction Elate Sheet. r. s—' Vacation: Employees over 5 years-8%; Employees under 5 years -6% All work over $3.5 million total Mechanical Contract-$24.75. Fringes- $10.78 All work under$3.5 million total Mechanical Contract-$23.66, Fringes -$9.28. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 7/88 'r. .eiacw �swraa7�la/wu�iwlRmwfR�o/�. e . fa s COLE C0i.JNT`1( OVERTIME RAVES - BUILDINO CONSTRUCTION ^``lERT1ME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL .?RK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. FED: Minimum requirement per Fair Labor Standards Act means time and one-half(I'/2) shall be paid for all work in excess of forty(40)hours per work week. NO. 9: Eight (8) hours shall constihite a regular work day that may being as early as 6:00 a.m. and end no later than 5:30 p.m. All work performed in excess of the regular work day and on Saturday shall bd compensated at one - and one-half(l!:)times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall he compensate for at double the regular rate of wages. The work week for the cement m.m)ns is Monday through Friday,except for midweek holidays. f NO. 11: Means eight (8)hours shall constitute a day's work,, from 8:00 am. to 5:00 p.m. from Monday to Friday. Time and one-half(I h)shalt be paid for first two(2)hours Monday through Friday and the first eight(8)hours on Saturday. All other overfi fie hours Monday through Saturday shall be paid at double (2) time rate. Double (2) _ time shall be raid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. "- NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty (40) hours in one (1) work week, shall be paid for at the rate of one and one-half(I%) times the regular hourly wage le. When a holiday falls during the regular wortc week, all work performed by employees anywhere in excess _ � irty-two (32) hours during one (1) work week shall be paid for at the rate of one and one-half(1%a) times the regular hourly wage scale. All work pe:rforined within -the regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtin.e work and Saturday work shall be paid at one and one- 7 half(1%) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two (2) times the regular hourly rate. NO. 18: Means a work week shall consist of forty (40) hours beginning Monday and ending on Friday. Any hours worked over forty(40)in this payroll period shall be paid at the rate of time&one-half(I°/x). Saturday work- will be paid at time& one-half(1%). Sunday and recognized holidays shall be paid at double(2) time even if the holiday falls on Saturday. Saturday ran be a make-up da Yy, if needed, at straight time pay (provided it is'not a _ holiday). .. NO.26: Means a regular working day shall consist of ei . hours, between 7:00 a.m. and 5:00 p.m., five (5) g)t (8) days per week, Monday to Fdday, inclusive. Work performed on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double (2) the I rate of single;time. Holidays shall be paid at the double(2)time rate of pay. M 3 i { Aw3026.9r ANNUAL WAGE ORDER NO. 5 PAGE i cm s rAc;is ; f COLD COUNTY OVERTIME RATES -BUILDING CONSTRUCTION j OVERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE FORMAL j �ORK DAY ONLY'VMEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. NO. 28: Mcan.s eight (8) hours between 7:00 am. and 5:30 p.m. shall constitute a day's work five: (5) days a week, Malloy through Hday inclusive, shall constitute a work week. The Employer has the option for a workday/wor)cweek of four(4)ten(10)hour days(4-10's)provided: 1 ' ' -Thee prqject must be for a miniznum of four(4)consecutive days. -Starting time may be within one(1)hour either side of 8:00 am. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a ' consecutive work day. (Alternate: If a holiday falls in the middle of a week,then the regular eight(8)hour -.� schedule may be implemented). -Any time worked in excess of any ten (10) hour work day (in a 4-10 hour work week) shall be at the appropriate overtime rate. All worts outside of die-regular working hours as provided,Monday through Saturday, shall be paid at one & one- half(I!2)times die employee's regular rate of pay. All work performed from 12:00 a.m. Sunday through'8:01 a.m. Monday and mcog ized holidays shall be paid at double(2)the straight time hourly rate of pay. NO. 40-. Mear4.s the regular woe&ig week shall consist of five (5) consecutive (8) hour days' latx)r on the job '-' beginniniwith Monday and ending with Friday of each week. Four (4) 10-hour days may constitute the regular _-' work week. The regular working day shall consist of eight (8) hours labor on the job beginning as early as 7:00 'umr ,and ending as late as 5:30 p.m. All full or pact time labor performed during such hours shall be recognized as b-egv.lar working hours and paid for a3 the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not mart,dm twelve;(12)howl during the regular working week shall be paid for i ' at time and one-Iwlf41%) the regular hourly rate. All hours worked Qn Sundays and holidays and all hours # _ worked in excess of twelve (12) hours during the regular working day shall be paid at two (2) times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for"make-up" days shall be at regular rates. NO.48: MrAns the regularly scheduled wor',e week 60 be five(5)consecutive days, Monday through Friday or ...4 'rue.-sday through Saturday. Eight(8) hours- shall constitute a day's work. Starting time for the first shin shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty(40)hours shall constitute a week's work. Overtime at the rate of time and one-half(I f2)will be paid for all work in excess of forty(40)hours in any one work week.On the " Monday tfavugh Friday schedule, all worts performed on Saturday will be time and one-half(1%a) unless time has t been lost during die.week, in which case Saturday will be a make up day to the extent of the lost time. On the J Tuesday through Saturday, schedule, all work performed on Monday will be time and one-half(I Y2) unless time has bra lost dwing. the wtek, in which case Monday will be a make-up day to the extent of the lost'time. Any work perf"onned on Sunday will be double (2) time. If employees work on any of the recognized holidays they shall, be paid time and one-half(1 their regular rate of pay for all hours worked, in addition to their regular holiday pay. Aw5026ffr ANNUAL WAGE ORDER NO. 5 PAGE 2 ur•s rnarS h•�j'1 l COLE COUNTY OVERTIME RATES - BUILDING CONSTRUCTION I �VERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL ORK DAY ONLY W 4EN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. i NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday to Friday inclusive, shall constitute a week's work. The.regular starting time shall be.8:00 a.m. VAien circumstances warrant, the contractor may change the regular workweek to fbur(4)ten-hour shifts at the regular straight time rate -, of pay. 'ncc first two (2) lours of overtime worked Monday through Friday and the first eight (8) hours on ! Saturday shall be paid at the rate of time and one-half'(1%). All time worked in excess of ten (10) hours, Monday through Friday and eig :t(8)hours on Saturday and all time workc;d on Sunday and holidays shall be paid for at the double(2)time rate of pay. -- NO.59: Means that except as herein provided, eight(8)Hours a day(which may begin as early as 6:00 a.m.) shall f constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight(8)hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(I Vi). All time worked an Sunday and holidays shall be classified as overtime and paid at the rate of double(2)time. The Employer has the option of working either five(5)eight hour days or four(4)ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten(10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday tl,►rough Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the } Employer, be worked a, a make-up day; straight time not to exceed ten (10) hours or forty (40) hours per week. i - _,,)When the five day (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, 4onday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control. - then Saturday may, at the option of the Employer, be worked as a slake-up day; straight time not to exceed eight (8)hours or forty(40)fours per week. NO. 69: Mearis the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any workweek, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half(I%) the hourly rate Monday through ! ! Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty (40) hours, Monday through Friday,or any part thereof by reason of inclement weather(rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. it is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer is working 10-hour days and loses a day due j to inclement weather, he nsay work ten (10) hours on :Friday at straight time. Friday must be scheduled far no more than ten (10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half 0%) the overtime rate. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for at time and one-half (I%z) the regular Millwright Fate, The regular workday starting of 8:00 am. (and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 am. or delayed one(1) hour to 9:40 a.m. All Sorb: accomplished on Saturdays and holidays, or days observed as holidays,shall be compensated for at double(2)the regular rate of wages for carpenters. I 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. All overtime work performed on Monday through Saturday shall be paid at time and ��e-half(I%'} the hourly rate. All work performed on Sundays and holidays shall be paid at double (2) the hourly —fate. 4 I. AW5026.0T ANNUAL WAGE ORDER NO. 5 PAGE 3 OF$PAGES f.. 1 I t COLE COUNTY OVERTIME RATES •BUILDING CONSTRUCTION OVEP TIIVt- RATES ARE RE(�UUMED TO BE PAID FOR WORK. PERFORMED OUTSIDE THE NORMAL WORK DAY ONLY`l HEN SPECIFICALLY DIDICATED 1N THE APPLICABLE OVER'T'IME RATE. NO. 87: Means eight(8)hours starting between 7:00 a.m. and 4:30 p.m. shall constitute a days work. Five (5) days form Monday dwough Friday inclusive, shall constitute a regular work week. All hours before and after these regular hours shall be considered overtime and shall be paid for at the rate of double(2) time. All work on Saturday and Sunday shall be paid at dotible(2) time. Holidays shall be paid at the double(2)time rate of pay. p J work in a time frame beginning as earl as 7:00 a.m. and NO. 91: Means eight (8) hours shall constitute a clay' Y + ending as late as 5:30 p.m. 'Ihe work week shall be forty(40)hours beginning Monday as early as 7:00 a.m. an f ending Friday at 5:30 p„m.. Employeea shall receive double(2) time for over eight (8) hours in a work day or for over forty (40) hours in a work week from Monday through Friday. Saturdays, Sundays and recognized holidays shall I:k paid at the double(2)time rate of pay. ly, NO.94: Eight (8)hours shall constitute a regular work day that may being as early as 6:00 am. and end no later than 5:30 p.m. All work p;:c'F;rrnied in excess o#'the regular work day and on Satuuday shall be compensated at one and one-half(I%)times the remlar pay. In the event:time is lost durhig the work week due to weather conditions, "I the Employer may schedule work on the followings Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. 4 NO. 101r It ms eight (8) hours a day shall ctarLstitute a, standard work day, and forty (40) hours per week shall i ' constitute a week`s -work, which shall begin or, Monday and end on Friday. All time worked outside of the i .�s2a�ndard work day and on Saturday shall be classified a, overtime and paid the rate of time and one-half(1'/2) -- '''(except as herein provided). All time worked on Sunday and recognized holidays shall be paid at the rate; of double (2) time. Starting time may be as early as 6:00 am. and end as late as 5:30 p.m. The Employer has the option of working either five (5) eight-hour days or four (4) ten-hour days to constitute a normal forty (40) hour work week. When a four(4) ten-hour day work week is in effect, the standard work day shall be consecutive ten (10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute a week's workk Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's ,i control, then Friday and/or Saturday may, at, the option of the Employer, be worked as a make-up day; straight time trot to exceed ten (10} hours or fortty (40) hours p'week All work over ten (10) hours in one day or forty (40) Yours.in a 4-10's work week shall be paid at the overtime rate of time and one-half(1 h). When using a five (5)day eight(8)hour work week,and the job is down far any reason beyond the Employer's control,then Saturday may, ai the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours or } fbity(40)hours per week. r 3 ! a,w5uze..oT ANNUAL WAGE ORDER T10. 5 PAGE 4 OF 5 PAG I t 4 i 1 ,rte, OUR 3 i COLE COUNTY OVERTIME RATES - BUILDING CONSTRUCTION VERTIME %,kTES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL } IORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. NO'. 110: Means eight (8) hours between the hours of 8:00. a.m. and 4:30 p.m. shall constitute a work day. -The work week shall cornmence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday. All work performed on Saturday,except as herein providecd, shall be compensated at one and one-half(I%)times the regular hourly rate of pay for the week performed. All work performed on Sunday and on recognized holidays shall be compensated at s i double (2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a make-up day at the.straight time rate. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to - work five (S) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hour per wtck shall be paid at time and one-half(11/) the hourly rate Monday through Friday. If an Employer elects to work four(4) ten (10) hour days in any week,work performed more than ten (10) hours per day or forty j (40) hours per week shall be paid at tune and one-half (1%) the hourly rate Monday du-ough Friday. If an =. Employer is working ten(10) hour days and loses a day due to inclement weather, they may work ten (10) hours i Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(10)hours at the straight time rate, but all hours worked over the forty(40) hours Monday through Friday will be paid at time and -� line-half(1 /x)overtirrde rate. J i \. t r, - Aws02601' ANNUAL WAGE ORDER NO. S PAGE S of S i'AGF:s i ' r.. .. COLE COUNTY HOLIDAY RATE SCHEDULE-$UILDTNG CONSTRUCTION All work done fort liew Years Gay,Decoration Day,July 4th,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day W paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be ohk RVCd as a -hiliday. E NO.4:All work dace an New Year's Day,Memorial Day,Indcpcndence ll2+y,Labor Day,Thanksgiving and Christmas Day shall be mid at the double time rata of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holida,Y. if I,y of the above holidays fall on Saturday,Friday will be observed as the;recognized holiday. 1 NO. 5- All work performed on New Yeats Day,Decoration Day(Memorial Day),independence Day(Fourth of July).Labor Day. -Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of double(2)time. When a holiday falls on a !aturday,the preceding Friday shall be observed When a holiday falls on a Sunday,the following Monday shall be observed. No work shall be performed on Labor except to save life or property. Where one of the holidays specified falls or is observed during � —fie work week,then all work performed over and above,thirty-two(32)hours in that week shall be paid at the rate of time and one- ialf(1'/2). __(40.7:All work done on New Year's Days Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and { 16'hri<tmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday,it shall be observed on the Monday. Ira -�ir►liday falls on a Saturday,it shall be observed can the preceding Friday. L40.it:Ail work done can Ncw Yames,Day,Memorial Day,Indi7mendenc�e Day,Labor Day,Veteran's Day,Thanksgiving Day,and 1 _•_;'hristma!: or days observed msuch,shall be paid at the double time rate of pay. i —NO.23:All work done on Ne`w"t'ear's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, C'hri%insac D4y aiid Sundays shall be recognized holidays and shall be paid at s�rse double time rate of pay. Wlren a holiday falls on the following Monday shall be concidemd a holiday. � i i __:31:.All work done on New Year's Day,Washington's Birthday.Mernoria.l Day,Fourth of July,Labor Day,Columbus Day. . _Vcteran's Day,"lUnksgiving Day,Friday sAe:r Thanksgiving;Day,Christmas Day,and Employee's Birthday shall be paid at the double ' time rate of pay. If a holiday falls on Sunday,the following Monday will be observed as the recognized holiday. If a holiday fall::on --Saturday.the preceding Friday will be observed as the n-A-jgnizcd holiday. ~N0.49:"fhe fallowing days shall be observed as legal holidays and employees will receive eight(8)hours'pay at regular straight timc —horsrly rate for each of there holidays: New Yeats Day„D=mtion Day,July 4th,Labor Day,Thanksgiving Day,Christmas nay, Frnployoes birthday and two(2)pr-rsanal days. TU observance of one(1)of the personal days to be limited to the time between i '°-December I and March 1 of the following year. If any of these holidays.fail on Sunday,the following Monday will be observe d 3d the Irerliday and if:rny aef th,.-•e holidays fall on Smrday,the-pre ccding Friday will be observed as the holiday. if cmploycec wori,on:111v or i Y;tlxmc holidays they shall be paid time&one-half(I'A)their regular rate of pay for all hours worked. J 1 tir).54:All warts drone on New Year's,Memorial LLiy,Independence Day,Labor Day,Thanksgiving Day,the Friday after —11 hanksgiving Day,and Christmas Day slizil be paid at the double(2)time rate of pay. When a holiday falls on Saturday.it shall Ix i jiobserved.on Saturdary. When a holiday falls on Sunday,it shall be observed on Monday. Ii } f AW5020.1iDY AMAJAL WAGE ORDER NO. 5 y . , -"` ,Heavy Construction Rates for REPLACEMENT PAGE Section 026 OLE C.oun!y ' fic ive sic Over- OCCUPATIONAL TITLE Date of dourly Time holiday Total Fringe Benefits �. Increase Rates gates Rates _ � �ARPE9`dTERS _.. i t Journeymen r 5/98 $21.13^ 7 5 $5.15 tilivvirirghts 5/98 $21.13 7 5 $5.15 VJile Driver Worker 5/58 $21.13 7 5 $5.15 ' -OPERATING ENGINEERc I I I group 1 !_.._.. :5198 $19.20 5 5 $9.20 0"roup II 5l98 $18.85 5 5 $3.20 4 !group 111 5/98 $18.65 5 5 $9.20 group IV 5/98_ $15.00 5 5 $9.20 tiler-Driver 5/98 $15.00 5 5 $9.20 J 1 �L)RER.. 1 f . i I 1 � I eneral :.abnrers 5/98_ $18.30 2 4 $5.30 Skilled Laborers 5/98 $18.90 2 4 $5.30 FRUCK DRIVERS-T TERS rou�p 1 v 5/98 $19.22 2 4 $4.75 E u iI 5/98 $19.38 2 4 $4.75 ' croup 111 5198_ $19.37 2 4 $4.75 Group IV $19.49 2 4 $4.75 i f *Annual Incremental Increase ANNUAL WAGE ORDER NO. 5 7133 j i j t'3vE _t_ _ItAT CI?EntJY��- HEAVY CONSTRUCTION t NO. 1: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Projects may be --*I\orked on the basis of a ten (10) hour per day, four (4) days a week schedule (Monday tlroug�h�Thursday).).(VA). ,ours worked over ten (10) hours per day or forty (40) hours per week shall be paid be -. There are no provisions for make-up days on Friday or Saturday,schedules Dada through paid riday), there is a half (1%2). On projects working dive (+) day, eight (8) hours (Monday provision galled"50 hour window for forty(40)hour's worked." If inclement weather causes a curtailment of work for projects operating under this 5-8's schedule, the employer may invoke the "50 hour window for forty (40) ' hours" provision. The Employer can work the carperkter employees up to ten (10) hours per day at straight time, �a. hours in that week. Any time worked over the daily, make-up schedule(9 or until the employee reaches forty i 0) 10 hours per day) and forty (40) hours per week-, would be paid at time & one-half (l'/2). The ability of the ! Employer to alter their�vark.schedule from the regular eight (8)hours per day to nine (9) or ten(10)hours per day at straight time, is only applicable after the Employer on that job site has lost work.hours which are to be made up I by the expanded daily work hours. Time c4: one-half(1'/2) shall be paid for work performed on Saturdays. Double f (2) time shall be paid for work performed on Sundays and recognized holidays. In such instances where a _ recognized holiday is observed dwzng. the work week, it shall be counted as eight (8) hours toward a forty (40) hour work week,then all'% performed over and above 32 hours in that week would be paid at the rate of time& one-half(1119. i 1':0.2: Mean a regular work week.of forty (40)hours will start on Monday and end on Friday. The regular work day shall be eiL'�er eight (8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday trtrough Friday,or arty part ta'�ereof,by reason of inclement weather, Saturday or any part thereof may be worked as a make-bi day at the straight time rate to complete forty(40)hours of work in a week. Employees who are part �f a regrlax crew on a make-up day, notwithstanding the fact that they may not have 'been employed the entire of )eek, shall work Saturday at the straight tirne rate. -Time & one-half(1'/2) shall be paid for all hours in hours of eiv,l�.t (8) hours per day (if working 5-8's) or ten (10) hours per day (if working 4-10's), or forty (40) p week, Monday tlu•ough Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete forty hours),time and one (I'/2)shall be paid. For all time worked on Sunday and recognized holidays,double('2)time shall be paid. NO.3: Means a regular work week shall corisist of not more than forty (40) hours of work and all work performed -- over and above ten (10) hours pet,day and forty (40) hours per week shall be paid at the rats of time & one-half (I%2). 'Workers shall receive time and one-half(1'/2) for all work performed on Sundays and recognized holidays. i Wberre one of the holidays falls or is observed dung the work week, then all work performed over stud above i thirty-two(32)hours shall be paid at time and one-half(I%2). NO. 4: Means a regular work week shad consist of not more than forty (40) hours of work, Monday through Saturday, and all work performed over and above ten (10) hours per day and forty (40) hours per week shall be t paid at the rate of'tinre & one-half(1°/2). Workmen small receive time and one-half(1'/2) for all work performed on ' Sundays. NO. 5: Meares a regular work week may be Monday tlu-ough Thursday (if working 4-19s) or Monday through _ `Friday (if working 5-8's). Time & one-half(1'/2) is paid when working in excess of ten (10) hours per day (if. working 4-1 Us) and on Friday & Saturday unless Friday and/or Saturday is used as a make-up day. Time & one- half(1'/2) is paid when working ua excess of eight (8) hours per day (if working 5-8's), and on Saturday unless aturday is used as a make-up day. All Sunday work shall receive double(2)time pay. beewt.arc5 kNrNI;AL WAGE ORDER NO. 5 3$98 . t a i l0MU-11 RATS SCHEt?ULr, HEAVY—CONSTRUCTION 'O.6: Means eight(8)horns shall constitute the regular work day and forty(40)hours a work week,Monday ough Friday. The Employer shall establish the starting time between 7:00 a.m. and 9:00 a.m. Time and one- A (1/_) shall be paid for work performed on a regular work day before the regular starting time and after the ... regular quitting time. Double(2) tune shall be paid for work performed on Sunday and holidays. At the 1 discretion of the Employer, Saturday can be used for a make-up day. The Employer when working on highway j and road work may have the option to schedule the work week for his paving crew only from Monday through I Thursday at ten (10)hours per day at the straight time rate of pay with all hours in excess of ten (10)hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather(rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his or her forty (40) hours. i NO. 76. Means the regular work week shall start on Monday and end or. Friday, except where the Employer elects to work Monday tlaough Thursday,ten (10) hours per day. All work over ten (10) hours in a day or forty (40)hours in a week shall be at the overtime rate of one and one-half(1%) times the regular hourly rate. The regular work day shall be either eight (8) or ten (10) hours. If job can't work forty(40) hours Monday through I - Friday because of inclement weather or,other conditions beyond the control of the Employer, Friday or Saturday I _ maybe worked as a make-up day at straight time (if workuzg 4-10's). Saturday maybe worked as a make-up day at straight time (if working 5-8's). Make-up days shall not be utilized for days lost from holidays. Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(1%) times the regular rate. Work performed on Sunday shall be paid at two(2)times the regular rate. Work performed on recognized -- holidays or days observed as such, shall also be paid at the double (2)time rate of pay. NO. 8: Means eight (8) hours shall constitute a regular workday, Monday through Friday. Time and one-half f (I%) shall be paid for• work performed in excess of eight (8) hours on any regular workday. An Employer may i have the option to schedule his workweek from Monday through Thursday at ten (10) hours per day at the straight --irste gate of pay with all hours in excess of ten. (10) hours in any one day to be at the applicable overtime rate of he and one-half(I%s). If an Employer elects to work from Monday through Thursday and is stopped due to �J inclement weather(rain, snow, sleet falling)he shall have the option to work Friday at the straight time rate of pay to complete his forty(40)hours. However, should a holiday occur, Monday through Thursday, the Employer shall i have the option to work Friday at the straight time rate of pay to complete his forty (40)hours. Time and one-half - (1 h) shall be paid for work performed on Saturdays. Double (2) time shall be paid for work performed on Sundays and recognized holidays. NO. 9: Mean, eight (8) hours shall constitute a normal day's work Monday through Friday. Any time worked over eight(8)hours per day or forty(40) hours per weep will be paid at time and one-half(I%)rate. Work may be scheduled on a four (4) days a. week (Monday through Thursday) at ten (10) hours a day schedule. If such schedule is employed,then Friday may be used as a make-up day when time is lost due to inclement weather. All -� Nvork over ten (10) hours a day or over forty (40) hours a week must be paid at time and one-half(1%). If an Employer has started the work week on a five-day, eight-hours a day schedule, and due to inclement weather misses any tune, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of »j that work week in order to makeup the lost time(10-hour make-up day). All work performed on Saturday shall be paid at time and one-half(I Vj). Double (2) time shall be paid for all time worked on Sundays and recognized ..y holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight(8)hours towards a forty (40)hour work week, then ail.work performed over and above thirty-two (32)hours in that week would be paid at the rate of time&: one-half(1'/2). — i h�tiat aW3 ANNUAL WAGE ORDER NO. S 348 l f I f f I OVERTIM W.^.E SCHEDULE - HEAVY CONSTRUCTION t NO. 10: Means'the regular work week shall consist of five 8-hour days, Monday through Friday. The _"�"t-rnployer may have the option to schedule his work.week from Monday through Thursday at ten (10)hours per day at the, straight time rate of pay with all hours in excess of ten (10)hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work Monday through Thursday and is stopped due to inclement weather(rain, snow, sleet falling), the Employer shall have the option to work Friday at the straight time;rate of pay to complete his forty (40) fours. All necessary overtime and work performed on Saturday, shall be paid at time and one-half(1%z)the hourly rate. Work performed on Sundays and Holidays shall be paid at double(2)the hourly.rate. NO. -11: Means the regular work day shall consist of'eight (8) hours that shall begin between the hours of 7:00 - a.m. and 8:00 a.m., Monday through,Friday. The Employer may schedule his work week from Monday through Thursday at ten (10) hours per day at the straight tune rate:of pay with all hours in excess of ten(10)hours in anyone day to be at the applicable:overtime rate. If the Employer elects to work from.Monday through Thursday and is stopped due to inclement weather, (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty(40) hours. Time and one-half(1%s)shall be paid for all overtime hours worked du:ink;the week, Monday through Friday, and for all work performed on Saturday. Double ti_mr:shall be paid-for all time worked on Sunday and recognized holidays. NO. 12: Means a regular work week shall consist of not more than forty(40)hours of work and all work pei ormeJ over and above ten (10)hours per day and forty(40)hours per week shall be paid at the rate of time &one-half(I Ea). Workers shall receive time and one-half(I%) for all work performed on recognized holidays. Where one of the holidays .falls or is observed during the work week,then all work performed ever and above thirty-two (32)hours shall be paid at time and one-half(I%s). NO. 13: Means that time and one-half(11/2)shall be paid :for the first two(2)hours overtime Monday through Friday and the first eight(8) hours on Saturday. All other overtime hours Monday through Friday and on �aturday shall be paid at the double (2)time rate. Double(2)time is also paid for Sundays and holidays. - NO. Means(8)hours shall constitute the regular workday with starting time as early as 6:30 a.m. Employees shall be paid one and one-half(1 16)time the regular rate of wages for all hours wonted in excess of eight(8)hours per day of a work week which is to begin on Monday. Time and one-half(1'/a) shall be paid for Saturday work. Double(2)time shall be paid for all Sundays and recognized holidays. NO. Z5: 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. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1%z)the hourly rate. All work performed on Sundays and holidays shall be paid at double(2)the hourly rate. 'I NO. 16: Means eight(8)hours shall constitute the regular work day,between the hours of 6:30 a.m. and 5:30 p.m. in a five(5)day work week of Monday through Friday except when the employer elects to work four 10- f hour days. The Employer may have the option to schedule his work week from Monday through Thursday at �J ten 10 hours per day at the straight time rate of a with all hours in excess of ten 10 hours in an one day o be paid at the pplicable overtime rate. If the Employer elects to work from Monday through Thursda and is .stepped due to inclement weiither(rain,snow,sleet falluig) the employer may have the option to work Friday at the straight time rate of pay to complete the(40) hour work week. However should a holiday occur,Monday through Thursday, the employer shall have the option to work Friday at the straight time rate of pay to complete the(40)flours. Time and one-half(1%)shall be paid for work performed in excess of eight(8) hours in an 8- hour work week clay, or in excess of ten 10-hours in a I0-hour work day,or outside the hours limiting a regular work day,Monday through Friday. Time and one--half(1%) shall be paid for work performed on Saturdays. Double(2)time shall be paid for work performed on Sundays and holidays. hVY"aW5 ANN`JAL WAGE ORDER NO. 5 3/98 i WR OVERTIME RATE SCHEDULE — HEAVY CONSTRUCTION 's ..M NO. 17: Means eight(8)hours shall constitute the regular work day and forty (40) hours a work week, Monday muo,Friday. The Employer shall establish the starting time between 6:30 a.m. and 9:00 a.m. Time and ona- r .calf(I%2) shall be paid after eight(8)consecutive hours worked after the established starting time and for hours -� worked before the established starting tinge. Time and one-half(1'/2) shall be paid for work performed on Saturdays. Work performed on Sundays and holidays shall be paid at the double(2) time rate of pay. The Employer,when working on Highway and load Worl:may have the option to schedule the work week for his paving crew only, from Monday through Thursday at ten(10) hours per day at the straight time rate of pay with all hours,b1, excess:of ten (10) hours hi any one day to be at the applicable overtime rate of time and one-half (1%). If'the employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet failing),the Employer shall have the option to work Friday at the straight time rate of pay to complete the forty(40)hours. NO. 18: beans a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above eight(S) hours per day and forty(40)hours per week shall be paid at the rate of time and one-half (1!z). Workmen shall receive time and one-half(I%) for all work performed on Sundays and holidays. A.work..day is•to begin between 6:00 a.m. and 9:00 a.m. at the option of the Employer except when inclement weather or other conditions beyond the reasonable control of the Employer prevent work, in which event,the starting time may be delayed,but not later. than 12:00 noon. NO. 19: Means the standard work day shall consist of eight(8)hours of work scheduled between 7:00 a.m. and - 5:00 p.r,7. ram Monday to Friday, inclusive. All hours worked in excess of eight(8) hours per day,forty(40) _ hours.per week, Monday through Saturday shall be paid at the time and one-half(I'/z) rate of regular hourly ate, except as provided elsewhere. All work performed on Sundays and recognized holidays shall be paid at rate of two(2)times the regular hourly rate. The employer has the option of working four(4) ten (10)hour - days,with Friday and Saturday as a.make-up day due to weather related loss of time. On the four-ten schedule, the rate of time and one-half(11,2)the regular-hourly rate will be paid on all hours over ten (10)per day and over forty(40)per week, all work performed on Sundays and recognized holidays shall be paid at two (2) times the regular hourly rate. MAKE-UP DAY: In the event the contractor is unable to work forty(40)hours in a work week due to ,inclement weather, Saturday may be used as a make-up day. All make-up hours worked on Saturday(up to 40 hours)shall be paid at the straight time rate of pay. The make-up day may not be used to _.. make-up holidays. _ NO.20: Means eight(8)how-s shall constitute a day's work between the hours of 7:00 a.m. and 5:00 p.m. from ' Monday to Friday, inclusive. The work week sliall be forty(40)hours,Monday through Friday. Any work in excess of forty(40)hogs in orw week shall be paid at the applicable overtime rate. At the Employer's option the:work Saar consist of five(5) eight(8)hour days or four(4)ten hour days. In case of bad weather, or equipment breakdown,Friday may be used as a make-up day if four tens are being worked. If five eights are being worked,,Saturday may be used as a make-up day. If the Employer works five eight hour days, all time over eight,hours in one day will be paid at the overtime rate. Time and one-half (1'/2) shall be paid for the first r two(2)hours of overtime work on any regular work day and any work performed before regular starting time wd after regular quitting time and for the first ten(10)hours on Saturday. All work in excess of ten (10)hours regular work day and ter(10)hours on Saturday and all work performed on Sunday and recognized holidays shall be double(2)time. hvyol.aws A14NUAL WAGE ORDER NO. 5 3/98 H D XE __f HEAVY CONSTRUCT—MR ,s loo. 1: All work performed on New Yews Day, Decoration Day, Fourth double July, une rater Day, '1 vdd vans DKy,Thanksgiviung Day, and S;hristrnas Day shall be paid at the pay. When any of these holidays fall on Sunday, die Monday following shall be observed as such i holiday. i j No. 2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Da y, �T hanksgivi»g Day, Christmas Day, car days observed as such, shall be paid at the rate of time and one-half'(1 V2). When a holiday falls on Saturday,Frday shall e observed When a holiday falls on Sunday, Monday shall be observed. No work shall be �` Where one of the holidays specified falls performed on Labor Day except to save life or property. or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1'/.). _ '1lie following days are zecogni�:ed as holidays: New 'Year's Day, Memorial Day, ` No, 3. ' Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a 1 l i o Sunday,it shall be observed ar►the wing Monday. No work shall be performed on Labor Day } to work wider construction. This rule is applied to protect Labor Day. except.in case of jeopardy 1 `�y,Thesr a holiday falls during the no -nal work wveek,Monday through Friday, it shall be counted as eight.(8)hours toward the forty(40)hour week;however,no reimbursem to uwork the above is to lie.paid to the workmen unless worked. If workmen are required '<< , obsenfed as such,they shall receive time&one-half (1'h)the regular �ennurnemtett holidays,or clays rate of d ay for such work. Independence Day, Labor Day, NO. 4: All work performed on New Year's Day, Memorial Day, ep –. "Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday,Monday shall be obserrved. –' 110.5: All worlc perform ed on New Year's Day,Decoration Day(Memorial Day),Independence of Sul Labor Day,Thanksgiving Day,Christmas Day,or days observed as such, Day(Fourth y), 1 shalt be paid at the rate of double(2)tune. When a holiday falls on a Saturday,Friday shall be observed. When a holiday falls on a Sunday,Monday,shall be observed. No work shall be "1 performed on Labor. except to save life or property. Where one of the holidays specifier)falls or is 4 ! observed during the work week,then all work performed over and above thirty-two(32)hours in ' i that week shall be paid at the rate of time and one-half(11/2). No. . 6: All work done on Novi Y ear's Day,Decoration Day,Fourth of July, Labor Day,Veteran's t lu�Il be compens Day ated at the double (2)tune rate of pay. When a a ,'rhanksgiving and,Clvristmmas s hdlirlay acc'Ltrs on Saturday, it shall not be observed on either the previous Friday or the following ` - Monday. Such days shall be a regular workday. If such a holiday occurs,on Sunday, it shall be obse ►ed an the;following Monday., No work shall be perforn,ed on Labor Day. .: }jU�{i�}Ydy.aWs ANNUAX WAGE ORDER NO. 5. 3/98 s. 1t64lS11tsl1tllmYlI�Y11Al10l�e.�-fI ` —_____— _ _ UCTLQle1 1Lo Llt3_4,Y kiA'lC Sf t E ULIv IIEI�VY CONST� -� No, 7: All work done on New Yea's Day, Memorial Day, Thanksgiving Day and Veteran`s Day shall ba bold'at the double time rate of pay. No work shall be done on Christmas Day, Fourth of . July or Labor Day. V&en any of the above holidays fall on Sunday,the following Monday shall be j observed as such holiday. Ti'a holiday ''alis on Saturday, it shall not be considered to be observed r on the previous Friday or 1'Glloavu:g Monday, Such days shall be regular workdays. NO. S: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, ' Veteran's Day, Tbard sgivhrig Day and Christmas Day, or days observed as such, shall be paid at _ double(2)the hourly rate. When any of these holidays fall on Sunday,the Monday following shall ' be observed as such holiday. NO. 9: All work done on New Year's Day, Decoration Day, July e, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be Maid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO, 10: All work done on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a holiday occurs.on Saturday it shall not be observed on either the previous Friday or the following ' Monday. Such days shall be regular work days. If such a holiday occurs on Sunday, it shall be i obmved ou the following Monday. NO. 11: Meares all -work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day,Veteran's Day,Thanksgiving Day,Christmas Day, and any additional holidays which may be ,. mutually agreed upon shall lbe paid at the double(2)time rate of pay. Whenever any such holiday f falls on sr Suz:clay,the following Monday shad lie recognized and observed as the holiday. i NO. 12: All work pmf"ormed on New Year's Day,Decoration Day,Independence Day,Labor Day, Thanksgiving Day, mid Christmas Lay, or days observed as such, shall be paid at the rate of time - and one-half(1'/2). No work shall be perfonn.ed on Labor Day,except in case of jeopardy to fife or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a �^ Saturday,the preceding Friday shall be observed;when the holiday falls on a Sunday,-the following Monday shall be obsenred. Where one of the specified holidays falls or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shall be paid at tDxe rate of dme and one-half (I'/2). � ; i NO. 13: rill work performed on recognized holidays shall be paid at the double (2) time rate of f pay. No work shall be performed on Labor Day except to save life or property. The following ; holidays shall be observed: New`t'ear's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day l Da , to be observed November I I (or a mutually agreed date of the Friday after'Lhanksgivingf t agr A by other crafts working on project), Thanksgiving Day and Christmas Day. Any holiday ' .-jr,:h occurs on a Sunday shall be ob served the following Monday. .. 3/98 ` ' .�i HolitlhvyrwS. „ ANNUALIWACEORDERNO. 5 { k I 1 ,. I i I f These rates am to be used in the:following counties: Adair,A,udrain,Boone,Callaway,Camden, Cart-er,Chariton„Clark,Cole,Cooper, Crawford, _ D=4 Franr+rlin,Ga►conaacic,Howard,Howell,Aran,Je2ferson�Knox,Lewis,Lincoln,Linn, Mecon,iA+laries,Marion,Miller, Men'ateau,Monroe,Montgomery,Dorgan, Oregon,Osage, Perry,Phelps,Pike,Pulaski,Putnam,Raul.%Randolph,Reynolds,Ripley, St. Charles, i , St. Francois, St. Louis City, St., Louis County, Ste.Genevieve, Schuyler, Scotland, Shannon, } Shelby, Sullivan,Texaas,Warren, and W�shington COMIT4,RtCIAL WORK Occupational Title Effective Basic Total Date of Hourly Fringe Increase: Rate Benefits f slourneyaman Line>mah 9198 $24,42 $2.00+41% —, *Unemah OpeTstor 9/98 $21.87 $2.00+41% *Guoundnman 9/98 $17.31 $2,00+41% ' . gJ'Q FLIT Y WORT Occupatiowd Title Ef'f'ective Basic . Total Date of Hourly Fringe ,r..� Increase. Rate Benefits ,ItJou neyman Lineman 9/98 $23.94 $2.00+35% *Linennui Operator 9/98 $20.70 $2.00+35% -.; *Growidman 9/98 $16.02 $2.00+35% O VEXT&M RATE: Eight(8)hours-shall constitute a work day between the hours of 7:00 am ' and 4:30 p.m. Forty(40)hours within Five(5)days,Monday through Friday inclusive,shall i constitute the work week. Work performed in the 9th and 10th hour,Monday through Friday, shall be paid at time and one-half'(l h)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1%)the regular straight time ratelof t pay between the,hours of 6:00 a.m.and:30 p.m.,Monday through Friday. Work performed } erutsid the regularly s6eduled working hours and on Saturdays,Sundays and recognized legal 'holid ' or days celebrated as such,Aalf be paid for at the rate of double(2)time. HOLIDAY RATE: All Work performed on New Y'ear's Day,Memorial Day,Fourth of July, 1, bor bsy,VeSear�nes Day y Thm*sgiving Day,Christmas Day, or days celebrated as such,shall y I he`phad at.ithe ci6uble tim�e`rate ofpay. When one of the foregoing holidays fails.on Sunday, it r , st all be celebrated on the following-Monday. t a OAnnuil Incremental Ire mse . { AW5VIML10 APIISTUAILINVAGE ORDER NO. 5 9/98 , iq 1 � it v ..? AFBFlQAV1T QF,.-gQM?LIANQE PUBLIC aORKS COfNTRACMS LAUV r --; 1, the undersigned 9f. A , of lawful age, first + being duly sworn, state to the best of my information and belief as follows: ( ( 1. That l am employed as /"�-N2 .� by L4C. 2: That / 44 t. was awarded a public works 7� contract for"1998 Stormwater Project No.2 -Project No. 33037 -W. , McCarty Street; Project No. 33044 - Dogwood Drive; Project No. � ' 33046, Cordell Street, Atchison StJSalvation Army". 4 3. That I have dead and am familiar with Section 290.290 R.SMo (1993 " Supp.).an act relating to public works contracts, which impose certain ► r ; 1 requirements upon contractors and subcontractors engaged in a public, , works construction project in the State of Missouri. . 4 That , ( M� ,,��1����7.�-�) &167A-4o e�C has fully complied with the provisions and requirements of Section 290.290 RSMo, (1993 Supp.) r FURTHER AFFIANT SAYETH N GHT. AFF T > ;. I Subscribed and sworn to before me this �day of "` 19 CrA ` a 7- A ELIC Idly Coc mission Expires: ,,��, � <` (: S FATE OF MISSOURI. ) E )ss t COUN1Y OF l.�? + ..... c:��'Y� 0r-S1PR0JECr*r:Nw wster pro*t no.2 plans and speciflcabonampci Novombw.5,1998 ; i sow. , = -.-.-...-........7\.:. _ .. .,. _ .. -._.__.....__....._......_�_ .�_ .� ..Y.__.._....____ _•.. .+m. o+ �o,.Iao .ew. r...MgFonrPr.��...�aa®YilY waa��cilalw�.ar LVVRMRmfrlf•I.fa' Mtt -S 9VOIS �'I E U'NE►"' PLOYQV1ECdT EXCEPTION CERT'IFICATfQN Mi I, the undersigned, / �' , of lawful age, ' fir t being duly sworn, state to the best of my information and belief as foliows: r 1. 'f'hat I am employed as 'Rn0'1SG'� by 1 2. That .o! otj L.LcL' was awarded a public works contra for"1998 Stormwater Project No.2-Project No.33037 -W.McCarty Street; Project No.33044-Dogwood Drive; Project No. 33046 -Cordell Street,.Atchison St./Salvation Army„ 3. That I have read and am familiar with Section 290.290 RSMo (1993 Su an act relating to public works contracts, which impose certain r pP ) requirements upon contractors and subcontractors engaged in a public i 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 �,A&.Odxe,4as since no Missouri Et�I�orers or laborers from non- of 'ctive states are available or capable of performing j FURTHER AFFIA�ff SAYETH !AMT. AFFI � Subscribed and sworn to before me this day of 19 NOTARY PUBLIC t My Commission Expires: '. APOROVED BY:. ; i DIRECTOR,OF PUBLIC WORKS, CITY OF JEFFERSON, MO VYJ.' � t { CAMD0�PROJECIUU mwreter pro*t no.7 plant and spmftaWns.wpd November 5,1 8 F 4, .. '. t:. 03NSTRUCTIQN C:ANTRACT r i THIS CONTRACT, made and entered into this IZ?Lay of 9-t C � _ -11998, by and between Kauffman Brothers L.L.C. hereinafter called "Contractor", and the City.of Jei'�arson, Missouri, a municipal corporation, hereinafter called "City". WITNESSE'TH: That Whereas, the Contractor has become the lowest responsible i 1 bidder for furnishing the supervision, labor, tools, equipment, materials and supplies a ` and for construing the fallowing City improvements: "7998,Stonnwater Project No. 2 -Project No. 33037 -W. McCarty•Street; Project Ne. 3304 - Dogwood Ddve; Project No. 33046 - Cordell Street, Atchison ' SUSallvation Amy".' _= NOW THEREFORE, the parties to this contract agree to the following: $ f 1: Manner and tirne for Corn letion. The Contractor agrees with the Cit to g y, i furnish all supervision, labor, tools, equipment, materials and supplies',necessary to Cot 1 t perform,and to perform, said work at Contractor's own expense in accordance with the contract documents and any,applicable City ordinances and,state and federal laws, within sbcty(60)working mays from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten 10 days after the date i of this contract. 1 -- 2. Prevailing Wag Al! labor utilized in the construction of the aforementioned ,• � ' improvements shall be paid a wage of no less thin the"prevailing hourly rate of wages" z The work of a similar crharacter.in this locality, as established by Department of Labor f ' and Industrial Relations of the ;Mate of Missouri, and as established by the Federal I. Employment Standards of the Department of Labor. Contractor acknowledges that I ' Contractor' knows the prevailing hourly rate of wages for this project because Contractor has.obtained.theprevalling hourly rate of wages from the contents of the = current A ngtsal Wage Order too. 5, Section 026, Cole' County in which the.rate off { vaageS is setforth. Ille Contractor further agrees that Contractor will keep.an accurate record showing the names and occupations of all workmen employed in connection ?n�Ith,tht work to k�e perfor� ed uun' r<the terms of this contract. The record shall show tne`actual wages paid to.the work"men in connection with the work to be performed : under the terms of this contract. A copy of the record shall be delivered to the Director off Public Works each week. In accordance with Section 290.250 RSIVIo, Contractor :}; t 2' r "r C;MDOCSI PROJECTtator waGu pro*t no 2 plane and spec'dicabonampd December to, 1998 to # ti. � • ' +^ryKSJN'N.t;vN1WIt?•,f,Nl.A .Mr: 1 t ... � i x i" 't£1Nr f.t: Saf r} t Y ,tf f:. i , C '•f :t 1 .r✓ f .,� shall forfeit to the City Teri [dollars ($10.00) for each workman employed, for each .� calendar day er portion thereof that the workman is paid less than the stipulated rates i for any work done under this contract, by the Contractor or any subcontractor under the Contractor. f { 3. Insurance. Contractor shall procure and maintain at its own expense during the i life of this contract: (a) Workman's Compensation Insurance for all of its employees to be _ engaged in work under this contract. j (b) Contractor's Public Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single occurrence and $100,000 for any one i 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 $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. ^} (c) 6utomobile Liability Insurance in an amount not less than $1,000,000 for -.� all claims arising out of a single accident or occurrence and $100,000 for any one ! - ? person in a single accident or occurrence. ' (d) Owner's Protective. Liability Insurance -The Contractor shall also obtain S at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 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) §ubcon racfs-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required, in jSubparagraphs (a), (b), and (c) hereof and in like amounts. 4! i ,? (f) She ref lrySLrance and Special Hazard. The insurance required under Sub-paragraphs(b)and(c)hereof shall provide adequate protection for the Contractor _r and its subcontractors, respectively, against damage claims which may arise from opera tions under this contract,whether such operations be by the insured or by anyone direct I or indirectly employed by it, and also against any special hazards which may j oe,encountered in the performance of this contract. ; C;it+YPD0CS7%PR0JEC*MUxmwaler prtq t w.2 plans and specificadons.wpd December 10,ISM u . t t �iaa,.wc.w.�+rarn..n rs[ Np ' i NQ_'E: Paragraph(f)is construed to require the procurement of Contractor's protective Insurance (ter 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. 4. Contraictoes ResnonsibilitX 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 sots and omissions of persons it directly employs. Contractor shall cause appropr'ate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as } applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. - 5. Li c pldated DamAgek. The Director of Public Works may deduct$500 from any amount otherwise due under this contract for every calendar day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. it is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractors part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the Contractor, without prejudice to any other r rights or remedies of the City should the 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 4, payment to any person supplying labor or materials for the work under the contract, or i persistently disregard instructions of the City or fail to observe or perform any ' provisions of the contract, I" 7. Cb 's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to A` completion, by contract or otherwise, and Contractor and its sureties shall be liable to ft ' the City for any costs over the amount of this contract thereby occasioned by the City. ' ( CAMDOMPROJECTIstorrnwater preJact no,2 plans and specitications.wpd December 10,1958 , e i } On' any such case the,City sinay 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 Urnitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. I S. In emni-- The Contractor agrees to defend, indemnify, and save the City � harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its:servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor,its servants, agents, or subcontractors,or arising out of the award of this contract.to Contractor. ' F g. Pa am,cat#air Labor and p.gat lals. The Contractor agrees and binds itself to r pay for all labor done, and for all the materials used in the construction of the work to j t be completed pursuant to this contract. Contractor shall furnish to the City a bond to }i insure the payment of all materials and labor used in the performance of this contract. - -� p. Rlies. 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 action 144.062 RSMo 1g55 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 11 f�syLyte ntL. The City hereby agrees to pays the Contractor for the work done i pursuant to this contract according to the payment schedule set forth in the Contract {` Documents upon acceptance of said work by the Director of Public Works and in l ( accordance with the rates and/or amounts stated in the bid of Contractor dated Tuesday, November 24, 1998 which are by reference made a part hereof. No partial i I payment to the Contractor shall operate as approval or acceptance of work done or -� materials furnished hereunder. The total amount of this contract shall not exceed One hundred forty-three thousand five hundred seventy-five and 50/100 Dolla rs 1` ($143,575.50). a 12..•' _ Contract Doc Ar�8831!$!nb . The contract documents.shall consist of the following:, "" ' a. 'This Contract f. General Provisions b. Rtldenda g. Special Provisions ! C. ,Inf6emation for Bidders. h. Technical Specifications d: Notice to Bi d ders I. Drawings and/or sketches i i 1 " 1r Y e.' Signed Copy:of Bid s . . , t ecomber 1 " D 0,1958 � C:11MPr3O�S�PROJLGTI>�,tarnrHaWr project no.2 plans and,spectfications.wpd J ){ 4 flfNP�1�IG6T�IRRl 1�1F�IOIDY1RwR�Gtlmall�.a:t'dimlwlfrYrnoe�s`�vcwwer.�. - ...� �___.___._. _. "- , l w This contract and the other documents enumerated in this paragraph, form the I Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. t 13. l ndiscrinrination. The Contractor agrees in the performance of-this contract not to discriminate oril the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. -. 14. �lrtic•es. All notices required to be in writing may be given by first class mail addressed to the [director of Public Works, City of Jefferson, 320 East McCarty, i ! Jefferson City, Missouri 65101, and Contractor at 3008 Wakoda Drive, Jefferson ! _ City, MO 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. S I 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. Ili TE► TIItAONY Wfi VOF,the parties have`er unto set their hands and seals this � ��day of_ .(f CITY OF JEFFERSON, MISSOURI j Mayor -.I APPROVED FOR ATTEST: r+ k` i o nselor ity Clerk i ONTRACTOR } I Title: y�.e. ATTEST: ,. t T tie: ,y } CAWPDOCSTROJEC11storrmvater project no,2 plans and speclficallons.wpd December 10,1998 ' J ,,l � .,1. � _. _ .�«_. ......«_...._. «.._-..._ �..�.. _,�.. ._.� ..ii...... ......._� t ,q MIS r PE F RMANCE PAYMENT ANP G!JARANTEE 8 D wl KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned hereinafter,referred to as"Contractor„and a Corporation organized under the i laws of the State of and authorized to transact business in the 1 State of as Surety, are held and firmly bound unto the } 2 hereinafter referred to as"Owner" in the penal sung of DOLLARS S �y lawful money of the United States of America for the payment of which Burn, well.and truly to be made, we bind ourselves and Our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. . i THE CONDITIONS OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS,the above bounded Contractor has on the day of 19 , entered into a writ-t en contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and . accessories, for the construction of certain improvements as designated, defined and ' 'described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the.said Contractor shall and will,in all particulars,well, duly and i5 z faithfully c,bserve, perform and abide by each and every covenant, condition, and part ..,. of the said Contract and the Conditions, , Specifications, Plans, Prevailing Wage. Law an other Contract Documents thereto attached or, by reference,made a part thereof, according .to the true intent and meaning in each case, and if said contractor shall replec©,al! defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; othentiise'it shall remain in full force and effect. CAMDOCSTROJEC11stormwater project no,I plans and spwi ications.wpd November 5, 19M rl p 1 1 N?' 8ium'vl wr..J.r.�e.Nuvd.{idi .s•...,]a 1 ` �t i�, i PROVIDED FURTHER, that if the said Contractor falls to duly pay for any labor, materials, sustanances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, 9 roceries 'and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together, with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the -' contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive } notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the . , construction of the improvements as designated, defined and described in the said r ^" 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(hlsrts) act or i omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at µ _ on this the day of , 19 SURETY COMPANY CONTRACTOR. .r BY ._- SEAL)(SEAL) BY i , I BY (SEAL) BY (SQL) „ Attorney-in fact (State Representative) E (Accompany #ils bond with Attorney-in-facts authority from the Surety Company certified to include the date of the bond.) r • CAWP[?OCSTROJECnstormwater pro)ect no.2 plans and spectflcallona.wpd Novemtsar 5 199 . '< f '+Earn..,..�J...:.:............,.._._........._.:...._<..,._.,....:._.... .....:_•_., ...'_..__....... ....... ..... . .. .. . . .. .... ... ... .. . .._........,.,. _... _._. ..._.._... ..._ .^......._..8._._., i 1 The following Articles GIB-9 through GP4 9 are"General Provisions of the Contract",modified "'r ? as set forth in the Specal Provisions. GP4 CONTRACT DOCUMENTS ; i it is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders, General provisions, Special Provisions, Bid, Contract, Performance and One Year Guarantee Bond, Specifications, other documents listed In the . 4 + Table of Contents and bound In this Volume. Plans,, all Addenda thereto issued prior to the y t ' time of opening bids for the work, all of which are hereto attached, and other drawings, � specHications,and engineering data which may be fumished by the Contractor and approved ; by the Owner,togetherwith such additional drawings which may be famished by the Engineer , ' from acne to time as are necessary to make clear and to define In greater detail the intent of the specifications and drawings,are each and all component parts to the agreement governing tike i is f. Vtsorlc to be done acrd the materials equipment to be furnished. All of these documents are hereby defineci as the Contrac,t Documents. , The several darts of the Contract Documents are complementary,and what is called for by any t one shall be as binding as F1 called for by ail. The intention of the Documents is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so ` applied have a well known technical or trade meaning shall be held to refer to such recognized i standards. The Contract shall be executed in the State and County where the Owner is located. Three(3) r coples 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 f - fond where required, and the contract agreement signed by both parties thereto. These -: executed contract documents shall be flied as follows: �: t One (1)with the City Clerk of the City of Jeffer.�on I.K` av One.,(4)with the Jefferson City Director of Public Works ; One(1)with the Contractor f GP 2 " . DEFINITIONS t 1 Wherever any Work or expression defined in,this article,,or pronoun used In Its stead, occurs j t it `the Q cantract,d' ms�nts;'it shall have and is mutually understood to have the meaning : x ,r o ,hereln given; C:1WpDOS1PROJEchlstamnvtHr project no.2 plans and specificaUons.wpd November b,1M , f �.i ti�)mw LW k. .y{, hyNW. J x wu t. .. ..... .. ..„.r..5 r� tt • (t�f#F t i . r .. .•`^�"^ew^n,.—^nv`,. "TU4 fi,t ,� p ,�j. k s. i��reasa�i��—� f/➢1 11�M1r�P11�6wciirx�xsysnuA��t�w 1 �.�...r.�.�- ---- — - --- s i..t:rn': c 1 "Contaidt"or"Contract Documents"shall include all of the documents enumerated in the previous article., j 2. aOwnel % "City" " it City , or words Party of the First Part., shall mean the party entering into I _ contract to secure performance of the work covered by this Contract and his or its duty authorized offiv Gers or agents. 3. "Contractoro or the words"Party of the Second Part"shall mean the a entering into ... party 9 I contract far the performance of the work covered by this contract and his duly , 1 authorized agents or legal representatives. � 4. "Subcontractors"shall mean and referto a corporation,partnership,orindividual having a direct contrast with the Contractor, for performing work at the job site. j 5. "Enggineer"shall mean the authorized representative of the Director of Public Works, (i.e., the Engineering Supervisor). z r 6. "Construction Representative"shall mean the engineering or technical assistant duly ((( authorized by the Engineer limited to the particular du'#ieS entrusted to him or them as ' M� subsequently set forth herein. �.� T "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. y" ys ,unless herein otherwise expressly defined,shall mean a calendarda 8. "Da or"da "" Y twt:n r Y or da s of four hours each. �P i 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 j '' • context. i r. ; f 10. "Plans" or "drawings" shall mean and include all drawings which may,have been prepared by the Engineer as a basis for proposals, all drawings submitted,,by the f successful bidder with his proposal and by the Contractor to the City,.if and when t approved by the Engineer, and all drawings submitted by the City to the Contractor ! during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words "as directed", as required", "as permitted", "as allowed",'or words or phrases of like import are used, it shall be t understood that the: direction, requirement, permission, or allowance of the City and f+ Engineer is intended. 12 Similarly,the words,"approved", "reasonable", "suitable", "acceptable", "properly,% ( ' "satisfactory", or words of like effect and Import,`unless otherwise particirt3rly specified Frrrrttiin, shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and Engineer. 3 1wPOOCS'4r' OJEC'ilstortnwatsr , 4 � (2 . „ prujei;t no.2 plans and speclflcatlons.wpd November 5,1998 nt� r 3 r .. if .l "77 v 'fit-.:. ..r 3 .:' .•• __...._...-.. -. __._._ __..__ ..__.......-...._�.-..-...... Y^..��,..._..... :..r."„ar .. ` t ;.i r— R�►-o—r-..ten..-•� a�ra7l� i� iS. 'whenever airty statement is made in these Contract Documents containing the k` expre,Ssion "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. y " shail mean the latest edition of the "Missouri 14. **Missouri Highway specifications" Standard Sperrfrcatigns for Highway Construction"prepared by the Missouri Highway and Transportation Commission. - r 15: "Consultant" shall rnean the firm, company, individual, or Its/his/her duly authorized i representative(s)tinder separate agreementwith the City of Jefferson that prepared the -: plans,specification and other such documen4s for the work covered by this contract. k 1H R TC�C �ksp-3 $ . t P r it is understood and agreed that the Contractor, has by careful examination satisfied himself t - as to tlie nature and location of the work,the conformation of the ground,the character,quality a and qua of the materials to be encountered, the character of the equipment and facilities necution of the work,the general local conditions,"and rdf preliminary to and during the prose alt other matters which can In any way affect the work under this Contract. No verbal r..l aeBSrraen3 or conversation with any officer,agent or employee of the City,either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein { contained. The relation of the Contractor to the City shall be that of an independent contractor. GP-4 TES4Ew_ENGINEER - - representative during the construction period and he shall t The Engin®er,shall be the City's repre5 9 of sc ore the work in prom, 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. f ;Y= he Engineer a';saarnss no direction of employees of the Contractor or subcontractors and no x 'i supervision of fhe construction,activities or responsibility for their safety. The Engineer's sole � ►esponsibility during cons#ruction is to the City to endeavor to protect defects and'deficiencies: ti in the worfc, ty, Arid-plan or method of work suggested by the Engineer,or other representative of the CE to kh Crntractor;but nbt specified or required;if adopted or followed by the C+�ntractor in,whole ar•in Fer ;`serail Akre tr bd'et of the Contractor; and the Engineer the risk and responsibility and CityiWll as Wme no responsibility therefore. y Fy 111111 I tt -:: Novembac 5. IM P60SIPROJEa'11 stormwater project no.2 plans and specHicatlons.wpd `',t} {,.'`,- P '_f .. _ .. ^•^-�+ .Psi. -- :t� �•Y S"Sr mri t 1 s ( t y ��IIiel�]�iltlCffi R,vS gPAD- 6 in ioertt with thy,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 j Contractor to tltie City,shall be a guarantee: (a) for the faithful performance and completion "; of the work In strict acce�rdai wiNi 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 dalm against the City;(c) for the payment to the City of all sums due or which may a j become due by the terms of t"he contract, as well as by reason of any violation thereof by the j Contractor,and for a period of one year from and immediately following the acceptance of the completed proje:;t by the City, the payment to the City of all damage loss and expense which �msy occur to the City by reason of defective materials used, or by reason of defective or s improper wprl(manship 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. ` I The_bond shall be executed with the property sureties through a company licensed and 7-1 qualitierj to operate in the state and approved by the City. Bond shall be signed by an agent 11 resident In the.state and date.of bond shall be the date of execution of the contract. ry � , If.at any time during the continuance of the contract the surety on the Contractor's bond ., becomes irresPr.nsible,the City shall have the right to require additional and sufficient sureties wtalc the Contractor shall�rnish 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. i s GP-6 INSURANCE The Conctor 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 h azards enumerated herein. All policies shall be in the amounts,form and companies satisfactory to the clty. ' 14' 'ftte'insuring ccamlrany shall deliver to the City certificates of all insurance required, signed by an 'authodzed representative and stating that all provisions of the following specified F 1z requirements are cordpll6d with. i 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. Ali certifications of insurances shall be d�alivered'to the City to the time that any operations under this contract.are started. # .., , , lifts i .. x1 All of said..La�rltractor's certificates of insurance shall be written. in an insurance company. t vr, I authodzed to do business in the State of Missouri. C:1M/rgr10�/v�RoJEcT\&kMw:t3r�ar*d no.2 plans and ir1EClflCatlOns.Wpd November 5,18l�13 n{ li ��yr,r1 _J Fz . r §' 77nr.sS y r `31Ji U5 �@t'�Sx✓°:� irk. F .a zf 'i 1:. . :.. jE r u GP�.2 DIL`�Ni6aABiLITY&PROPERTY DAMAGE LIABILITY INDUS RANEE (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,including death, of notAess than $1,000,000 per person and $100,000 per occurrence. (2) Property Damage Liability Insurance coverage overage for limits of not less than$1,000,000 per one occurrence nor leas than $1,000,000 aggregate to limit for the policy year. GP-6.3 CT�PlT't�e�w"fOlx'S P TECTIVE BODILY INJURY LIABILITY&PROTECTIVE PR.Op Rr(DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS y -� 01= SUBC{DNTRR CTORS) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily'injury or death. `3 er' Damage Liability providing limits of at least $1,000,000 per occurrence and (2) Prep ' g / p 9 p -:, $1,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY JN „1 e; Property Damage coverage with $1,000,000 aggregate limit. ' GO-6.5 OWNEWS PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owners Protective Liability and Property Damage Insurance issued in the name of the Owner and'the Engineer as will protect both against any 4iM ail claims that might arise as a result of the operations of the Contractor or his subcontractors in,fulfilling this contract. The minirYyurn amount of such insurance shall be the same as required for Bodily Injury Liability and Prdple y Damage Liability Insurance. This policy shall be flied with the Owner and a copy tiled with the Engineer. t GP-6.6 EXCLUSIONS ;Y 1' The above-requirements G13-1.2, 13, 1.0 for property damage liability shall contain"no (. .. ex osIbO dative to: (1)'.Biastiirig pre,pl slon.' (Consult Technical Specifications Part I for possible deletion of this , { r : rc>uuiremnent can subject projec#.) } x (2);Injury or destruction of property below the surface of the ground,such as wires,conduits, pio6s, rY�sins; savers, etc., caused by the Contractors operation. . O:!M£.1C•SOROJECT%starmwahar p ood no.2 plans and speciftadons.wpd November 5,IM 1 al F1 4 } 11 i "lt T'r 1 !C x 1��li�MlIYA���111L IYS�1tit - ._._,_i.�.._ .___ i-...__..._.____._-.____ .✓ .. .. ., r ,. r, j fi the calla of,arstructural Injury#a, n building or structure on or ad avert to the Cl s ' 4, 3 pee j any g 1 1<y' :8w . R rY property g y ; ,{ rpml�es,or Injury to or destruction of resulting therefrom, caused b the removal of y` other,buildings, structures, or supports, or by excavations below the surface of the ground. GP-6"7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY � C1 � E LIABILITY INSURANCE t Contractor shall carry in his name, additional assured clauses protecting City, Liability r Insurance with Bodily Injury or Death Limits of not less than $100,000 per person and $1,000,000 per occurrence, and property damage limits of not less than $100,000 with hired �? car and non-owned vehicle coverage or separate policy carrying similar limits. ¢ t � . The above Is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 EMPLOYERS LIABILITY AND WORKMEN'S COMPENSATION ` . Employer's and Workmen's Compensation Insurance as will protect him against any and all J '3 claims resulting from injuries to and death of workmen engaged in work underthis contract,and. } In addition the Contractor shall carry occupational disease coverage with statutory limits,and Employers Liability with a limit of$100,000 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 Contmactorshall provide and cause such contractor to provide adequate employers liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged In work under this contract. . p•, ii ttt1 _ {t GIB'-6.9 I, T ,ELATION (FLOATER INSURANCE 'ThLs insurance shall Insure and protect the Contractor and the City from all insurable risks of ; t physical loss or damage to materials and equipment, not otherwise covered under Bur lldees + r ' Disk Insurance,when in warehouses or storage areas, during Installation,during testin g and uintyl`the work is accepted, If shall be of the"All Risks"type, with coverage designed for the cirourm tarces which may occur in the particular work Included in this contract. The coverage hall be for an amount not less than the value of the work at completion, less the value of the raatedal End equipment insured under Builder's Risk Insurance. The value shall include the ' aggregate value ofthe City-furnished equipment and materials to be erected or Installed by the Contractor not crerw�ise insured under!Euilders Risk Insurance. it J „5 fnstailatiort l=lodter Insurance shall also provide for losses,if any,to be adjusted with and made 'payable to the Contactor and the City as their interests may appear. Ate_ i.: aX+ CAWPDOCSIPROJEMWnwats project no.2 plans and specificallonampd Noyamber 5,,1998 r r if the ag Iegate veIUO of the City-furn ished and Contractor-fu MIshed tmyuipment Is less than } $10,000'Stich Oqulpment may be covered under Builders F�lc ir�scarartc�t,and if so covered, this Installation Floater Insurfil Ce may be,omitted. ss GP-6.10 tAM TOR 11f FQR OTE los F � For the considerations in this agreement heretofore stated, In addition to Contractors other obligations,the Contractor assumes full responsibility for all loss or damage from any cause whats0ever to any tools owned by the mechanic , any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's,his agents,sub-contractors,material rrven or his �71 or their employees;to sheds or other temporary structures,scaftoiding and staging,protective fences,bridges and sidewalk hooks. The Contra ctor shall also asscer�te responsibilityforal!loss or damage paused by, arising out of or incident to larceny, theft, or any ca use whatsoever 'i (exmpt as heminbefore 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 A connected or to be used as a part of the permanent materials, and supplies necessa ry to the -� work. , GP-6.11 !Gf?MACTOtZ_ RESPONSIBILITY ON DAMAGES & 91L IMS INt?Etil—NO ING CITY f� The oretractar shall Indemnify and save harmless the City and Engineer and their officers and r agents,'of and from Al! losses, damages, costs, expenses,judgments, or decrees whatever t arising out of action or suit that may be brought against the City or Engineer or any officer:or agerd 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 maims based on the lawful demands of subcontractors,workmen, material men, ctr strppHers of machinery and parts thereof, equipment, power tools and supplies;incurred In ' `the fu fillinent of this contract. 'OP, .12 NOTIFICATION IN EVENT OF l.lAELITY OR DAMAGE 3 Upo n the occurrence of any.event,, the liability for which Is herein assumed, the Contractor " { a 'rees to forthwith notify the City, in writing such happening,which notice shall forthwith give j {' the:details as to the happening the cause as far as can be ascertained the estimate of loss ordam'age done, the name s of Witnesses, if any, and stating,the amount of.any claim. t{ r C 1WPUQ�5'a'l �JJEGTIstormwater projoct no.2 plans and specHications.wpd November 5,1998 3, 2 f .. ....... .. {rr tklrww.+rwrrl�j..'vY,+rgpf xKw + x-.n.a'rx d..ia Nt w S ,,' tEi r' 41 FF { lY ! �}S !r tiSF k :. 4 .. �� ��•� y' e ) .rt a �' •`ate .. ".'_---.......:.. t ga�,ql 4 rt t o t . t t ;GP4 A6911NMENT OF CONTf2APT 1 The Contradior s'hall not assign or transfer this contract nor sublet it as a whole, without the Wften c on' stint of ft 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 .;{ rxntracl. Should any assignee fall to perform the work undertaken by him in a satisfactory ` manner,the City may at his option annul and terminate Assignee's contract. f a . GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT prior to the award of the contract,the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. i The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the :aids and omissions or persons directly employed by him. Any notices to the Contractor shall i kl . be considered as notice to any affected subcontractors. ; Nothing contained In the Contract Documents shall create any contractual relation between any ;� . r�•� subcontractor and the City. .No officer, agent or employee of the City, including the Engineer, shall have any power or ' authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shal,kafford 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 t'1 t h ell's. 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 s In such•work that renders it unsuitable for such proper execution and results. s�t '' 1 His fadiure:sa td inspect and report all constitute an acceptance of the ether contractor's Hark rk - «; as fit'and.proper for the reception of his work, except as to defects which may develop in the>. E' P other e~ontractor's work after the execution of his work. : C:1V+PDOMPROJECIAstornmat+r pr*d no.2 plans and see Mea6mampd November 5,1998 t llj3i.+ rR'1 yatiw+ vrw T/ .:.„ r -;I .•4 , Pa , nt • '" i�l�' �![11iA wRrt���[ r1 ..� ___ _ x. •_YL t "+ herpver work being done by the City's forces or by other contractors Is contiguous to work ce vererl .ir►y W Contract, the, respective rights of the various interests involved shall be s t{abiished by the Engineer, In order to secure the completion of the various portions of the 1 {: work In general harmony. �;p-1d LEG A,L � T'RICTIfJNS. PERAlll7.5��ID REe U4 &1'IQN� —, The Contractor shall procure at his own expense all necessary licenses and permits of a gr7nporary 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 #ructures or permanent changes In existing facilities shall be provided by the City unless ' Contractor shall give all notices and eompl with all laws,ordinances, athenvise specified.. The Contra g y .� rules and regulations bearing on the conduct of the work as drawn or specified. id �P-S 1 R�YAr�. 'IE ANa PATN'TS i .,a t It is agreed that all royalties for patents or patent claims,infringement whether such patents are for grope -was.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 infringementrs,and x� i ,. the Contras r�r shell at his awn expense,defend any and all suits or proceedings that may be f' instituted at any time sgainst the City for infringement or alleged Infringement of any patentor patents€nvsriverf in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits --, or.clairi is remain unsettled. CP42 SCOPE AND INTENT©I= SP Nt=ICATION AND PLANS . GP-12.1 . "ERAL, t{ i T'aieee ps cifmations and Project Plans are intended to supplement, but not necessarily k duq 11 to each other,,ar�d together consfilute one complete set of Specifications and Plans so . that any worts 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 ,} ut?di~i tanding of the work, osl•should it appear various instructions are In confiipt,:then the Contractor shall secure.w7itten instructions from the Engineer before proceeding with the cons ru ction ar octed byslrch'omissions ordiscrepancies. It is understood and agreed that the Y " work shall be peiformed and completed according to the true spirit, meaning and intent of.the p poritrac�t specifications and plans. C.1 WPWCS%P9OJECIIsbrmwz�sr Proloct no.2 plans and specifiaatlons.wpd November 6,1x98 r ' f �-j�'xr. + r f ; t �.. h:"ti•F" '! .".'fi+" do a rye..d. .,•.,.,""'.�"r,;r'7j y :�• 3I. x. b ={ , xi T 'o7f•.eL ti :':ASS :.�. ri i .c, .,... .. ... ... .. .. .. .. .. OP-42.2 F11 WRE :DIMENSIONS Tn VER 1 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. GP42.3 CO�dTRUACTOR TO CHECK PLANS AND SCI�fiEIDI,I�.ES The Contractor shall heck all dimensions, elevations and quantities shown on the plans, and schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the } layout as given by stakes, points, or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the ... plans or contract documents,as full Instructions will be furnished by the Engineer should such ' error or orhission be discovered, and the Contractor shall carry out such instructions as If t {f i originally specified. r' } ; The apparent silence of the Plans and Specifications as to any detail or the apparent omission l from them of a.detailed description concerning any point, shall be regarded as meaning that only the best general practices,as accepted by the particulartrades or industries involved,shall I be used. OP42.d STANDARD SPECIFICATIONS i.� Reference to standard s aecifications of any technical society, organization or association, or f to comes of lo:raI or state authorities, shall mean the latest standard, code, spe c ificaton, or { tentative specification adopted and published at the date of taking bids, unless specifically ` stated otherwise. GP-'I3 CONSTRUCTION REPRESENTATIVE AT PROJECT � a 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 J performed,insubstantial accordance with the plans and specifications therefor. try; tr "The: Project Representative assumes no direction of employees of the Contractor or, j Subc�oritraors"and no supervision of the construction activities or responsibilityfortheirs ,fety. s ; k, J .The sold"duty of the•Project Representative during the construction I' to the City to endeavor to protect egainst'defects and deficlencies in the work. r`y'6 t?. t jilllh 4 } Novein6 5,16 1WPaOCWROJEf:T .kvinwatat project no.2 plans and spechlcdons.vvpd iS ON I �4ta' � rvt f;.ftt� rst : at .-£e�...aw.r s..... .......:w�...............w..............»....._...__.............._._... _..:....... ..::._.. .......... _.. .. .. _ ..... ...,.... - _.. .. ..._ ... .. _..... ,._._.__.. .. ,. ..._... ..._......_. ...._ .. _...__._.....ESL....: lt} The Contractor shall regard and obey the directions and Instructions of the Construction. Representative so appointed,when the same area consistentwith the obligations of this contract } and the specifications therefor, provided, however, that should the Contractor abject to any ; ord'ergiven by the Construction Representative,the Contractor may make written appeal to the f } : Engineer for his decision. The Construction Representative and other properly authorized representatives of the Cityshall be free at all times to perform their duties, an intimidation or attempted Intimidation of anyone 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 Contractorfrom any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof F as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the fiinal acceptance of the work, even though the same may have been previously overlooked and x estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans } and specifications except on written order from the Engineer,and the Contractor will be liable i€ . for any deviation except on such written order. € All;condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the ; Y, # Contractor fail or refuse to comply with instructions in this respect the, City may, upon n I ce cation by the Engineer, withhold payment or proceed to terminate contracts as herein r Idrovided. I ' 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 f} Documents, the City shall pay the cost of reexamination and replacement. If such work be `t founds not in accordance with the Contract Documents, the Contractor shall pay such cost, t r ,1 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. j ThCe ontractor shall furnish samples of testin g purposes of any material required by the, Engineer, and shall furnish any information required conceming the nature or source of any material which he,proposes to use. a t i C dVIVOOCSTROJ�0TWXMI tar project no:2 plans and spectficadons.wPd November 6, 1580 i r x F""n«M d++.i.h+'K'(ST^t.%fw 5.+..w,LYYk f N lff'YN� b »•r! '. ... '.. . . W,, .oa. bM1l .L,a 1. H•,.:: ti x 'jt lyi 17may k It \ :1 �RRffid67�i iNiIMY.r1197�41'iL$�Vt�,•+ ' .1�� vmacehemsrutrr,r.w - - ���... ----- .. . ... „- .. 1 r GP4*, LINES N GRADES -1 The Department of Public Works will set construction stakes establishing lines, scopes, and corytlnUotss profile grade ire road work,and center-line and bench marks for culvert work, and appurer:antes as ray be deemed necessary, and will famish the Contractor, with a0 necessary information relating to lines,slopes, and grades,today out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the pro.t Ok he. Is to`perform under this contract. The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give � i �u c,I'i notice. The Contractor shah carefully preserve stakes and bench marks. Of such stakes and bench mark become damaged, lost, displaced, or removed by the Contractor, they shall be reset at i his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines, offset stakes, i :s bench mark 3,or other basic reference points checked by the Construction Representative may tie ordered removed and replaced at the Contractor's expense. l tzP-15 CO NTRACTOR'S RESPONSIBILITY FOR MATERIALS yyaQaQ The Contractor shall be responsible for the condition of all materials furnished by him,.and he ' shall replace at his own cost and expense an and all such material'found to be defective h7 r.. p p. Y -�a design as m anufacture,orwhich has been damaged after delivery. This includes the furnishing ` Ji of all materials and.labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all r ; materials furnished for use In this project do conform to these specifications. Whenever standard t( -;ts are conducted, he shall forward a copy of the test results to the City. N All water for and in connection with the work to be performed shall be provided by the, Contractor at his sole cost and expense. � r GP 17 , ''�CWER i 14 f All power for fighting,'operation Uthe Contractor's plant,or equipment or for any other use by e;` 11 be provided by the Contractor at his sole dosr and expiense. ' s , , GAwpDOCSTROJEMatanrruuter project no.2 plans and speciflcetlons.wpd November 5.1898: 5 �i�of 4,`.�r. y!1 ......, .._.. ..._... _..,...... .•. . .'... . ... . . . . .. •i4 tf+ sA.'9 t j ie; i t it .. .. t t t ! t ,$ 1 ► lNTENDENCE AND 1MC9RiKP�IAN,�aHIP The Contractor shall keep on his work, during Its progress, a competent superintendent and +: and necessary assistants. The superintendent shall represent the Contractor in his absence } r 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, 4" 1.'. mecban(cs,tradesmen, and other employees necessary in the construction and execution of the work rtantemplated and outlined,.herein. The employees of the Contractor shall be i compe tent and*411ing to perform satisfactorily the work required of them. Any employee who Is disorderlj, intemperate or Incompetent or who neglects or refuses to perform his work in a i satisfactorily manner,shall be promptly discharged. : It Is called particularly to the Contractor's attention that only first class workmanship will be } acceptable. t,k MAINTENANCE OF TRAFFIC Whenever any street is dosed, the Police Department, Fire Department, and Ambulance { services shah be notified prior to the closing. When a portion of the project is dosed to through 3. {. # " traffic,tine Contractor shall provide proper barricades and shall mark a detour route around the a ` section of the project If applicable. The route of all detours shall be approved by the Director AJ of Public Works. All detour signing shall conform to the "Manual on Uniform Traffic Control Devices"`. Throughout the project,wherever homes are served directly from a street or portion of a street w(tict Is to be reconstructed under,this project,the Contractor shall make every effort to provide ' access to each horrre every night. This work shall be subsidiary to the construction and no ` direct payment will be made for it. -- GP-20 BARRICADES AND_LIGILTS ?,' .. -t I, Mistreats, roads,highways,and other public thoroughfares which are dosed to traffic shall be ' s protected by means of eFfec�tive barricades on which shall be placed acceptable warning signs. , s i Barricades shall be located at the nearest Intersecting public highway or street on each side I 1, ,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 acid 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 &S 1191 ts'usedfor this'purpose shall be kept burning from sunset to sunrise. Materials stored upon . { 30 ' ' or alo►�gsiate,public;streets'and highrways sha((be so placed and the work at all Times shl be 5 so ctinduded,a6 to cause the minimum obstruction and Inconveniences to the traveling public r r tL�x z G:C{1�+PGG� PROJEC7Wwmwater project no.2 plans and specUkatlons.wpd Plovember 5,1998 " tty S +p SIB „r 011 + . tar a idt44+'$tlN�D''JF1fppkl're!,,4j#'i 3(t36rA's,u abl U2;c+-4..w-.r4.:..t .•r"t s .A.t< .. . ... ...^.^":"""'^,..".•---... a- ,.,. . . L�x+..�ei( 1. Z tit .. .• '' r. YT '! r.yc 5r t• {f}�t4�'^`�Cjs + .) I:'Y4Lt{Y Y Y 1! 'iC tit pd s ti° '4 t 1t h'K.•N`�.1!'i y,,wTl• !ti t. '..,•' ry. 1.(t I .i'1 :.. ... t, rr s ... ,��„ r1; 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 rf f 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. }" a } Ola'27 EXISTING UNDERGROUND INSTALLATIONS AND STRU TURES 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 riot guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. , Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found In locations different than those Indicated,shall. not constitute a clalm for extra work, additional payment or damages. x� t No paympritwill be made to the Contractorfor locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. j. Utilities, other than sanitary sewer; 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 whl6h must be moved shall be re-laid by the Contractor and paid for at the prices.bid. -�' Only seaters which must moved because of direct conflict with the storm sewer conduit will i {: be paid for in this spanner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. 0P22 P4' ATECTIOM OI=CORK ldND PftOPERTIf .'r 'f a The Contractor shall be accountable for any damages resulting from his operations. He shall F f' f be fully responsible forthe protection of all persons including members of the public,emploYees of t,,he City and erriployees 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 n' *.the site or sites of the work, or other persons or property which are in ' arty manner at ected key the.prosecution of the work. 33 + The Contractor shall furnish and maintain all necessary safety equipment such as barriers, _ igns, v,!arnI lights and guards as required to provide adequate protection or persons and " i t? property. _, it r �s ( C\WPgOCSiPROJi Cna fer project no.2 plans and spaciflratbns.wpd. November 5, 1438' r , i}t gip. 'y1 t �. Y Y .0 i; x `}� The Contractor.Aallgsve reasonable notice to the owneror owners of public or private property grid !Utilities when such property is liable to Injury or damage through the performance of the } wo.iK 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 t:ontrartor, without :special instruction or authorization, is hereby permitted to act at his r v discretion to prevent such threateners loss or injury, and he shall so act. Any compensation, claimed by the Contractor on account of emergency work,shall be determined by agreement # °a or arbitration. The Contraclor 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 l 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 't materials or poor workmanship during the period of one(1)year after the date of completion of the contract. , z, GP.124 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, ,employees,or agents, nor any ` - order,by the City fdr payment of money,or any payment for,or acceptance of,the whole or any part of the!work by the City, nor any extension of time, nor any possession taken by the City or its ern to ees, shall operate as a waiver of an p y p y Provision of this contract, or of any power, herein reseNwl to the City, or any right to damages herein provided, nor shall any waiver of amy breach in this contract be held to be a waiver of any other or subsequent breach. GR-25 USE OF COMPLETED PORTIONS If desired by the(pity, portions of the work may be placed in service when completed or partially - ;,;.corripletedfand the Contractor shall give proper access to the work for this purpose; but suds use and op rat►an shall not constitute an acceptance of the work,and the Contractor shall be a{ iI— for defects due;to faulty construction until the entire work under this Contract is finaNy t"Y1.!A}'"L 4i"}•f��1 rt l a�t 3� iM+Y r s �r„te..d t a aI'n.d o r the,guarantee ua.,.r.,a,..,n}�s t.eo:.. period ... thereafter.,e—r.e....a..f..er. am N cAWPCOCSWRCJECT%stomater pr*d no,2 plans and spec&ab.o.n s.w_ pd.. ....- .., .. ,: N,,o.-:v, em.b.er b- ,189.Fa 8 Z w. ;g;7? y, F P" }j F }'x 7 9 r iA 1 ti.'4ti< �' .r1,Y �iKW1lMYriQL 1�InYew�rewisim�va�ii�'eas..e.u.�.tdt:`.:.r { 4 t GIR48 "4 ITIONAL. OMIITEQ,,OR CHANGED W©RK 'Th6:0 wrter;.:without invalidating the Contract, may order additional work to be done in connection wfth the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanshl ' and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not Inca.nsistent 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 1 NP alterations In the terms or scope of the Contract shall be made under the authority of duly 4 '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 compensaUtin.'. No additional or changed work shall be made unless In pursuance of such written Larder by the Engineer, and no daim 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 wort{ or any part thereof is of a type and character which can be properly and fairly classified under. one or more unit price stems of the Proposal,then such added work or partt 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 Gior.26. r ; Y, If the modification or alteration decreases the amount of work to be done,such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work Is not covered by applicable unit prices, the', ` { " Engineer shall determine on an equitable basis the amount of: "1. Credit due the Owner for Contract work not done as a result of an authorized change. r. 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 an the work planned and which could not be used in any part of the work as actually t built: . 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. t- vim, kl rt ji'i +i " s Statements.for extra work shall be rendered by the Contractor not later than fifteen(15)da ys. t \ after the poMpletic,n,of each assignment of extra work and if found correct will be approved by h, neer and submitted for payment with the next regular monthly estimate. CAMDOOSTROJECTtetwmater protect no.2 plans and epecri+catlonexpd November 6,1 M E Y M 777'777-- ..,.....,..�_..r. .� _.. - . yq S r .t=, n r..t,�,.+ • 1. :Vii.. . t t Ttie Ovrrrer reserves the right to contract with any person or time other than the Contractor for j any or X89 extra wo*. 'The Contractor's attention is especially calletl to the fact that he shall be entitled to nn claim for damages or anticipated profits on any portion of the work that may be omitted. j (a) The term "extra Work" shall be understood to mean and include all work that may be 3 required to accomplish any change or alteration In or addition to the work shown by the Plans � or reasonably Implied bythe Specifications and not covered bythe Contract proposal items and which is not othenwise provided under this Article GP-21. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra j work shall be determined-by one or more of the following methods: t - 1. Method A: By agreed unit price i a 2. Method S: Sy agreed lump sum d 3. Method C: If neither Method A or S can be agreed upon before the work is started by , �• force account. (Per Section 109,Measurement and Payment,Missouri State Highway �. and .Transportation Commission. Missouri Standard Specification for Highway Construction 1996. t1j t GP-21 IUSP' PI�iON OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days afti►the date fixed In the written notice from the Owner to the Contractor to do so. ° lout If the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if ttep 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 wili be entitled to the estimates and payments for all work done on the portions abanddn�d, If any 60.48 ©WNEWS RIGHT TO DO WORK Sii- r ' If the Contractor should neglect to prosecute the work properly or fail to perform ahoy provision of this co rttract;'the.CZwrrer, after ten (10)days written notice to the Contractor, ma :v�3tfis�+ut �..;.\ y. . ! y1 prejud6,i6 any ether remedy he may have,make good such deficiencies and may deduct the cost.thereof fror6 a payment then or thereafter due the Contractor. ii ♦ y r r ` ` f .. .. a +.:1 r�'+{ r.t`rVPUt?GS1PRf5JECTlatormwater project no.2 plans and specft?catlons.wpd Novembers,Igg8 t 41 ir q •.iMllYweAP�sssf�r•n���es� �ianir.er°wrrsn - _ _��. V. QWNEi 'S RIGHT TO TERMINATE CONTRACT ' [ If thsi Contractor should be adjudged a bankrupt, or if he should make a general assignment forYhe benefit of his i�rediYors,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, ,t ,: ': _ or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be ' } guilty of a substantial violation of any provision of the Contract,then the Owner may,arithout r.. y prejudic e to any pother right or remedy and after giving the Contractor seven (7)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 deers expiadient. 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 t paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractor shall 4 pay the ditrence to the Owner. GP-3-0 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be,stopped under an order of any court,or other public authority,for a period j of three months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon seven (7)days written notice to the Owner and the Engineer,stop --Y 'work or°terminate his contract and recover from the Owner payment for all work executed and and loss sustained upon any plant or materials and reasonable profit and damages. ' f GP41 LOSSES FROM NATURAL CAUSES t ' All loss or damage arising out of the nature of the work to be done, of from the action of the ,f , �j lerrients; 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 rrig YJ be encountered in the prosecution of the said work, shall be sustained and bome by the r} ,COntrsirtor at his own cost and expense. 'G 42 :; SUND", HOLIDAY AND NIGHT WORK r l NO Work shall be done between the hours of 6:00 p.m.and 7:00 a.m.,nor on Sundays or legal i holidaysU wititot't thle written approval of thr City. However; work necessary in case'of emer gencle'sot for the protection of equipment or finished work maybe done without the City's . 6wPooC5TFvOJEcirlrtormwater project no.2 plans and apxHicabons.wpd November 5,1998 q r ��'�YVe lM5111WIYtl��sIC���H1 r. .5 .. N1 ht work rhay be established b the Contractor as a regular procedure with the written s _ a Isslon of the,Ci ,such permission y y y y „ p ty p sslon however,may be revoked at an time b the City if the i Contr a6torfalls to ninintain adequate equipment and supervision for the proper prosecution and , r� control of the work at night. i GP-33 UNFAVORAF3LE 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 z to perform the work in a proper and satisfactory manner. GP-34 PfRIIITTED Al ' t: GP-35 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for -, permanent installation in the work shall be new, unused, and undamaged when installed.or otherwise incorporation in the work. No such material or equipment shall.be used by the Contractor for any purpose otherthan that intended orspecified,unless such use is specifically ; 1; #' authorized by the Engineer in each case. ! GP-16 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 k any of the covenants, acts, matters, or things by this contract undertaken,.to be.done or per€ormed,or for the injury or damage caused by the negligence or alleged negiigence,of the J Contractor or his subcontractors or his or their agents,or in connection 'With any claim or claims ` based on,rrre lawful demands of subcontractors, workmen, material men, or suppliers,of ' machinery and parts thereof,equipment, power tools, and supplies incurred In the fulfillment .� othis contract,the Contractor shall indemnify a n d save harmless the City and thelroficers and agents, t' of and from all losses, damages, costs, expenses,judgments, or decrees whatever arising oiut of such action or suit that may be brought as aforesaid. t --; 1 �w y 6i7 , � ��.���'CHANGE:ORDER Any.changes or additions to the scope of work shall be through a written order.from the Erigineertu thee�COntractor directing such changes in the work as made necessary ordesiratale ✓,�. by un, reseein conditions or events discovered or occurring during the progress,of the work." ;c twP©OMPQOJEMAsto mwater project no.2 plans and specrflcationa.wpd f�ovember 5;,19 �; t t aF, 1 k' litS' Mx'f'..wtht.}r,i1{:tux"I S.:.i � •- i4 ,. 4 crla .,. .. ,. - .. .wK .. z . tbtssweir�srw�-r.s� .�.... _. .. _ _.._..._._ _ ._. _ ...._ _._.. _ ."_...._ _ r, t , GP�38 . CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable 4 ri ,t ;. ;weather condition unless suspension of the work for such conditions was authorized in writing .� by the Engineer, 1 . l7 If the time forthe completion of the work is based upon working days,this time will be specified i in the contract. A,working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would pennit any then major operation of the project for six(5)hours orover unless other unavoidable conditions prevent the Contractor's operation. ° if conditions are such as to stop work in less than six(5)hours,the day will not be counted as a wot*Ing day. No working days will be counted from December 15 to March 15, both dates inclusive. j Saturdays,Sundays,and City holidays will not be counted as working days anytime during the year. G. ' i GP-39 CONTRACT TIME EXTENSION i; The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. if the Contractor claims an extension of contract.time on the grounds that he is unable to work due to causes beyond his control,he shall state his reasons F Y Ip.wdrtUng,,furnish proof to establish his claim and state the approximate number of days he } t estimates be 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 cAalm shall be filed In writing within 30 days after the claimed cause for the delay has ceased to exist. - GP-4 " UgUIDATED DAMAGES i Ting is an essential element of the contract and it is therefore important that the work be passed vigorously to completion. Should the Contractor or In case of default the surety fail to 4 complete the work within the time specified the contract,or within such extra time as may be � alicsWed In the manner set out in the preceding sections,'a,deduction of an amount as set out c in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed'forthe completion. Thesaid amount set out in the proposal d¢ s he a reed upon no ais,a enal but as li uidated damn es for loss to the C ' y l ty G g end the public, after the expiration of the time stipulated in the cohiract, and will be deduc16d from any r ' money due,the.Contractor under the contract,and the'Contractor and his surety shall be liable � for any.ano�all liquidated dam�e(,�/ e germ ttin the Contractor to continue and finish the worfc '1 "V .I g r 44 any part©f If after the expiration of the specified time,oP after any extension.of the tm e,shall. � i noway operate as a'waiver on the part of the City or any of its rights under the contract, SR %kV POOMPROJECINstormwater protect no.2 plans and speciflcatlonampd November 8,1993, LAS x`17 '1. ., . .. .. 'A fii, w j7S+"'r»M wsy �.PiWMn A1:14­,.11-1' 4w'fr t n i, "f ! Ot'-4'1 ME ASUREMENT AND PAYMENT (a) 9e IS OR 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 Ihe,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 • `"5 complation of the project shall be included in bid items. i i ` (b) , DEDUCTIONS FOR UNCORRECTED WORK ! If the Engineer deems it expedient not to correct work that has been damaged or that was not !F done in ardance with the Contract,an equitable deduction from the Contract price shall be made therefore. , 1 (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete In place, • and shalt 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. 5G: r ;e (d) (PARTIAL PAYMENT � Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or inspector. A retainer equal to 1 0% of the amount of work completed to date shall be withheld. 4 ( (e) APCEPTANCE AND FINAL PAYMENT' Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineerwill promptly make such inspection,and when he finds the work acceptable underthe Contract and the Contract fully performed he will promptly issue a final certificate,over his own ! .sijnature,stating that the work required by this contract has been completed and is acceptable him under the terms and conditions thereof, and the entire balance found to be due.the Contractor, including the retained percentage,.shalt be paid to the Contractor by.the'City of .�efferson within thirty(30)days after the date of said final certificate. f, is C t, (f) AFFID4 VIIT OF COMPLIANCE � 4 M9onies due to the Cantractorwill not be delivered to the Cont ractorwithout presentation.toahe Department cif Public Works a Affidavit of Compliance with Prevailing Wage Law on prescribed r 'farm'attached to.the back of these contract documents. i 5 )� S 4 e*iF DOC S%PROJEC'rUWmvwater pwjsct no.2 plans and spocftntiont.wpd November S 1f,88 r x y i{ i l 4 ` (2t y,l v } P=. E!"EASE OF LIABILITY the acceptance by the Contractor of the last payment shall operate as and shall be a release �1.to.the Owner arts every officer and agent thereof,from al!claims and liability to the Contractor farr anything dory orfumished'for,or relating to the work,orforany actor neglect of the Owner or of any person relating to or affecting the work. ^�. .. GP"-43 0 ERTIFICATIONS ,i -� GP-43.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of _j asphaltic concrete or portland cement concrete mixtures shall certify in writing } that the product as suppiled conforms fully with these specifications. Such certification shall be delivered In triplicate to the Department of Public Works at least 24 hours before the product is to be used on the project. GR 43.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. I. 1111111 '.° t p44, LOCAL PREFERENCE ` In making, purchases or in letting contracts for the performance of any job or service, the j pLorchasing 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 - ar less. k PREFERENCE FOR U.S. MANUFACTURED GOODS fs i On purchases in excess of$5,000,the City shall select products manufactured,assembled or pirpuced in the united States,if quantity,quality,and price are equal. Every contractfor public I works construction or maintenance in excess of$5,000 shall contain a provision requesting the t ' ' c6ntradtor to use American products in the performance of the contract. t Gp ; _,l�WARD OF CONTRACT.-REJIECTION OF BIDS .$� lr i All bldda rs ire required to submit with bid Minority Business Ente rise Eligibility Forms for all yi t1' rP kY t. subsgntr acir�rsandsupplierswhothe,contractorintendstouse.ontheproject.dompliancewith : F this req irem�nt and the Minority Business Enterprise Program shall be a consideration,for. } '1 t 't avward`af this contract. 11 1 tom' ..` �:11A1F©OCS\?RaJECT%su mwater project no.2 plans and speoftatlonampd rdovember 6,1 .. t r I: .l C ♦l I i . i ran ' ff 'rhe`contraet will be awarded to the lowest and best responsible bidder on the base bid PM posair comiplking with the conditions of the Advertisement for bids and Specifications, ptbviding 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 t date. The City of Jefferson,however,reserves the.right to reject any and all bids and to waive all Informalitles in bids received whenever such rejection or waiver is in their Interest. , I GP-47 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, Public"Wo kS Department,an affidavit s w., stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1993 Supp.), an act relating to Public Works contracts. The City of Jefferson shall not issue a final payment until such affidavit Is filed. { OP- MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor.Statistics In its monthly publication of employment and unemployment figures, only R Missouri laborers or laborers from non-restrictive states may be hired by the contractor or I _ subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the parti+c alar3ype of work involved,if so certified by the contractor or subcontractor hereunder and approved by the Public Works Director of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive,,supervisory or technical personnel or projects where federal aid.funds are being utilized in the act and this provision Y mould conflict with any federal statute, rule or regulation. ` Laborers fmm 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 a state, as daterrnined 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. I�aP- 9 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW t' AND'MISSOURI LABORER REQUIREMENT r. �. ' In th*6 event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit � F' stating that the contractor or subcontractor has fully complied.with the provisions and _ requir�ements.of Section 290.290, RSMo (1993 Supp.), when in fact the contractor or subobintractor.has not compiled,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, OA PDOOSTROJErCllstormwater project no.2 plans and speciflcabons.wpd November 5, 1998 a, � r { 4y it "1.r xs!' a7 .S � '•'. _ __ r.--- ., . . ,; . . . w_.._._..._ ._.________..______._ __�________,...__ - . 11 11 . .11_1.1...._.__ _.._11_.11_____ ----.—. _U_., l . . I I t�'g�r':'.15 ?rr '' V x .h';°d ,� ix4;' ,c:rz�. , d':, ,{;....1 - 1- . .: � . , .. .. , . ._ .. .,._. - ,.. .. 1111 I 4 i i 1 'I ,,! any con t ractor making the false statement, or whose subcontractor makes a false statement, ' . j 11 r cii k , ` `` - Tall hold harrrtless end indemnify the City for any liability assessed against It or any additional ;,, expenses Incurred. ..c 11 I 1 1. ," ' Aiay tac tr1 �inrho fails to comply with the requirements of hiring only.Missouri laborers or i, -- i:- .- : laborers from non-restrictive states, absent statutory exceptions, whenever there Is a period : I �` of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of I ,t .Jefferson,Missoud,for any liability that maybe assessed against it or any additional expenses 1 ,. t "Incurred by the City of Jefferson, Missouri,because of the contractor or subcontractor's failure. � to comply. . :I t;i t J s i i t, ;f. 9 ,;t �, . - END OF !GENERAL i�l�OWI�BON� . 'I% ,i , jj , 5 I t .f �' i, } { •: 1 . q t ..i, y V It. ,r-- }i . 11 I.T � , , ��i ' y I: 'f ` SY F .,. .. i . i I,ir y, I. . _.'. I : .�, :1. �' ,l '{ s �t x{ fY . r. ,, d!' t _ i. t , �)2. t tt Y t1' 7f :. .. .i "JF 1.,1 .t r {} r J ei �.. t' t 5!t f. { .� p �. �`� tq! ,S r�3 r t 4 S E `` i tqt z .1� It }. { '� Y ' 1. ''tl t {;,, , t Jj i i �j Y { �Jr F. �s i t Ss `�Y k s+ ` :r 2 i Xt 11 f ?f 5" )q i y i ,,: ,i l iri �}{Y } t' y i' JtC x y n .. 5 ':E .. rr 7 t Y 9��, t , n� }4 1�. { u% r e )1 Yi lY �, s to Y {` X, } ` C;iWPt3pi.'StF�f �"DJECTIstflrmw� . 11 jf y 4 ` Prole at no 2 p{nna snd GpEClRCatbna.Wpti Nov embmr 5,1f . cr 1 . BSIi t f t 4 .. .. .. . , l �pt ijt�T l� ht t _I, .. : t J t i fit,{'y4Y.r.{fit i J j' ` , `§Li r. i�,4} l a y q5I , - �y�yylvc��5}} r. I t, ti JF tPdn ,S�`,tii.{ !L �`' St 'ft Yt t F� '}Y f ,C _ 5 .. .. 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M. x J SPECIAL PROVISIONS s d=t3Rt9i��►�D% The provisions of this section take precedence over any other provisions : is— n i66 66 seer'Ificatians. ` SP11 TECHNICAL SPECIFICATIONS AND [DETAILS The Technical Specifications for this project shall consist of the 1996 version of t the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, and Detail Plans. All construction details included with the plans and attached hereto shall be °r used in constructing this project. iP 22 PARTIAL ACCEPTANCE " The City reserves the right to accept any part or all of the bid for the project., . a. SP PILE-CONSTRUCTION CONFERENCE ` { Prior to starting work, a pre-construction conference will be held to discuss the , project, its scheduling and its coordination with the work of others. HAS E t , - expected that this conference will be attended by representatives of the Owner, i ,' xs "' The Engineer,the Contractor and his Subcontractors,and the Utilities,as well as h of any other affected agencies which the Owner may wi ' to invite. The work schedule specified in Section IB-23 of the Information for Bidders veil!' 1 be submitted at the conference. ► 3 : SPA PREVAILING IMAGE MAIM � F� Bidders are hereby-advised that compliance with the Prevailing 1P!,/age Law, � vF . ;J Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, ! is`6 requirement of this contract. (Reference Section IB-20). s Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible plane at i =; the site by each contractor and subcontractorengaged'in public works projects; J .�. Zkii k and that such notice shall remain Gostec{ during the fuli'time. � .: 4 t:'A'• 11 } G;i'AIPa�CSiPFtOJECT%stormwatar protect no.2 plans and apecMications.wpd November 5,19W x ¢� k.M».FFx rr+.awrr+•sr 1 w'«. ry .u_l.. ,.,.2a 4. ��t`Slt•fdL, SsSX;^L. @ t '4 ; ; i. S $' f ( K � f N. PROOF OF INSURANCE E' 3 All certificates of insurance:provided for this project shall be issued directly from ; the company affording coverage. Certification fror n a local agent is not ; : . acceptable without the necessary paperwork empowering and authorizing the i 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 snail also be attached. i PROJECT COORDINATION (MULT PLE_PROJEGT EID EPA Only one project in this phase shall be under construction at a time unless prior ; approval is obtained from the Director of Public Works. Construction on that project shall be essentially complete before the next project Is started. T IIIIAILBOXES k " if ,U;S. Postal Service access to any mailboxes will be interrupted during constructi on,the Contractor shall contact the U.S. Postal Service to determine r+ where the mailboxes should be set during construction. -' Mailboxes shall be reset at appropriate locations by the Contractor once work ; � is complete. .�i. ;. Any materials damaged by the Contractor shall be replaced with material of { better or equal type and quality at the Contractor's expense. --� SP4 TRAFFIC CONTROL DUR.1-G RUCTION . ' ith the Manual on Uniform Traffic Control All work sha{! be in accordance w Devices. Signs,cones, and barricades shall be placed both to pro tect workers and equipment and to protect the public by marking open,trenches and other i '' t �` potential dangers. ©n projects open to traffic, "ROAD CONSTRUCTION t AHEAD"signs shall be placed aRPropriately. On projects clod ed to traffic'Type III barricades signed "ROAD" CLOSED" shall be placed at both ends of construction. ij s f S{�-! r,: ACCE�aS TO ADJACENT PROPERTIES Prior to the removal of tthe driveways to any dwellings or,buildings, the ` Contractor shall notify the inhabitants of"such structure s that the, use;of the' ?tr r ' driveways or access will be tarnporarily affected. f�otice shall be of suident length to allow the persons affected to remove vehicles and other items that „ may be inaccessible during construction activities. t 4 { C:IWPDOCSWROJECTlstormwator project no.2 plans and specftations.wpd November b,1999 r i t z : v ' ; r t S b '..it '. :.,.. .. - _. _—'• .. r. r Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches,ditches or other barriers and obstacles for pedestrian„ traffic. Appropriate devices shall be used to wam the public of the dangers that w s may be present. r j _ Q '` 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. S, 11 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. ROCK REMOVAL 1 No explosives shall be used on this project within fifty(50)feet of a straicture. ' Rock in these areas shall be removed by mechanical chipping,jack'hammering or other methods approved by the Engineer. i SP-'i3 UNDERGRADING IN ROCK CUT .� Section TS-2.2.6 specifies that rock cut areas are to be undercut and bacfilled �. with a drainable material with top surface choked with fines for proper subgrade preparation. No direct payment shall be made for backfsll materials. The only payment made shall.be for cubic yards of rock excavation. SP,�14 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 45 SOLID (BLOCK GRAVITY WALL � " In area shown on the plans,the contractor shall install a solid black gravity wall. The wall material shall be Versa-Lok type or equal with a minimum of 6"height t7 per block. Prior to installation, the contractor shall supply to the city a,set of installation specification's and details sealed by a Registered Pr6fes�ionai , Engineer in the. State of Missouri for review by the City. The'installation , .. specification shall include all information required:in the design of each wall E, height and condition,including but not limited to'the amount,type,and location of reinforcement grid to be installed: 7 CAMDOC.SVROJECTuiormwater project no.2 plans and specs icatlons.wpci November , ip.. L' (`w`rNN 1.Mn.n„W YM'Y+N„Mlry lw.r .M U4 �c 1 t i REPAIR©F QRIVIN!q.$1JRFACE - All sections of pavement damaged or removed during construction shall be l replaced in accordance with the following requirements: i t Existing I . Pavement Base Surface 4 PCC Street -- 6" PCC; min. or thickness of street Bituminous Street 6" PCC 1-'/z"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 I 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 b construction activities, replacement and repair of the ' l driving surface shall be subsidiary to construction. 1r SP47 ADJUSTMENT OF UTILITY SERVICES 1 f The necessary adjustment of utility services such as water,gas,telephone,and electric, includir►g meters, valves and other appurtenances shall be subsidiary r to the work. r' S�- 8 PLUGGING AND ABAND©MI1AEIdT d;?F EXISTING PIPES ' All pipes to be abandoned shall be plugged and sealed with portland cement To concrete at the locations as shown on the plans. All pipes to be abandoned shall be completely filled with clean sand. The sand t shall be blown into the pipe by using compressed air or other s�+ch meens. All plugging and filling of pipes shall be subsidiary to the work. INSTALLATION OF SEWER PIPE i { 7 The unit'pr+ce for the installation of sewer pipe shall Include all necessary ` ditching,bacicfillin ,bedding,shorir 'oran other item re aired to „ i ' excavations, g 9 g g y 4 tom` make the installation of the pipe. f tr I ITEMS TO BE LEFT IN PLACE ii 1. SI? 4 i " . Items marked "LIP"on the plans shall be"left in place". Any damage tath es6 r ° ar ; items, or other items that were not to be disturbed by construction small repaired by the Contractor at his own expense. ¢` rr r n C1 WPDOMPROJEC7Ntormwater project no.2 plans and apech1caUons.wpd November 5,1998 r8ds r £ " Y r.u,:;diw.ypy`.•.i. -.... , .. ., ..... . ....._' .+� lat 'S5y'� . t „'",3"r�.i'•.r t f r ,fit. S e r ,, ^'^'—'---^-"r. __,z--........__ ----"'s Y7k$E9 F HIGH DENSITY POLYETHYLENE (HL1PE1 STORM SEWER PIPE This specification applies to high density polyethylene corrugated pipe(HDPE) with an Integrally formed smooth waterway. Nominal sizes for which this M specification is applicable are 12 4'8 inch diameter. 12 - 36 inch pipe shall conform to AASHTO MP6-95 classification'Type D". All Pipe joints shall consist of a bell and spigot jointing system with the bell covering two pipe corrugations as recommended in AASHTO M294. Pipe joints with rubber O-Ring gaskets -i meeting ASTM F477 shall be installed on the spigot end of the pipe. Pipe manufactured for this specification shall comply with the requirements for test methods,dimensions,and markings found in AASHTO designations M252 ! and M294. Pipe and fittings shall be made from virgin PE compounds which conform with the requirements of cell class 335420C as defined and described in ASTM D3350. �. Fittings may be either molded or fabricated and shall conform to the requirements of AASHTO M252 and M294. The fittings shall not reduce or Impair the overall integrity or function of the pipe line. Only fittings supplied or recommended by the pipe manufacturer shall be used. ` Both the bell and spigot (with O-ring gasket) ends of each pipe shall be lubricated as recommended by manufacturer�and inserted to the horning mark l on the spigot end of the pipe. " 2 COMMERCIAL DRIVE REPLACEMENT NOTICE The contractor shall notify those businesses along the east side of Jefferson t Street in the 800 block, who are to be affected by the commercial drive replacement on Atchison Street at least two(2)weeks In advance of taking the ` drive out of service in order to perform said work. gp, 3 . EDGEWOOD DRIVE CLOSURE 4 ` Edgewood Drive shall be dosed one day for the installation of the storm sewer t , pipe. As noted on the Traffic Control Sheet of the plans,the closure shall not be before 8:30 a.m. and the roadway shall be open to traffic prior to 4:00-p.m. --j that same day. Cold mix shall be used on a temporary basis as a surface to the ! , 6"of PCC base. The cold mix shall be removed when asphaltic concrete hot mix is available. During tfie construction of the curb inlets,the construction area shall be delineated from the traffic way by use of construction barrels or other , . approved devices. Two-way traffic shall be maintained on Edgewood Drive at t, -" all times other than the day of closure,unless approved by the City. y , C:%WPDOCST. ROJEC*Rstormwater project no.2 plans and specifications.wpd November 5, 1898 tip{ eC. i ,, .y.r _,. ,..,>« . .... ... .. ... .. .. .. ............ .. .. . . . ... .-•^-+---�--�M .u.x8:. s I Il� t ", ♦ . 1. t . ... } '. - ..t .r .', , , x .. .1.1 I . , ,.w w..rrr..ti+Lv..r.t.•,..iAwcn.....,«-.',..�., «�"..:_.. .".,. .. .. ......--:- . ,,.,... ,...-...1 ,,..----..,..r - - " ' � ":,, �,� ,�,,, —-; . -I- ,I:,� �,, I �' I 1A+^s'Sttie }4 }'2Y i s",`: f'"t?^.;tr;3 , r „",:. ! -:,:.,� .I%1-1 [ !'. 4 { 11;i ,. �' 11 � '.��'t'ESRMETER RELOCATION"I I� ' St 4 .. .. "`'- , I-,c This item shall include the furnishing of all labor'and materials, Including'meter j ' `;- 1 setter, meter pit,lid,and any other items necessary to change the location of or.11 l to install a new meter as required. This item shall be paid for on an unit cost "" . , �1.11 r basis per each installed. Adjustments required to a meter pit in orrier to bring ,''I . ,; i ', ` the top of cover to the required elevation shall be subsidiary to the work and i 3 payment included in other item. >:< •, . 11. t 4 '{. f' ; �.: J , �: t .� 11 ��. / . . t 7 ,, � ,�, 1. ' ` END.OP SPECIAL PROVISIONS �R; 1 .t 1, -- •3 t f 1,1.J t 1 a,y i1, 1 . . . ,,,' r 1.l f ,i 11 I 1 r.)" I I ! . � I I I I I I �I I .1 I� � I � , I . . I,� , .��. 11 I I c .. t?4' �.tip'+ •r+� tCq$J - ' , �' I �'t ,: t' , .. .1 4`tt. J III 5 1 , , r . t -. .. S: i .s - 9� .. , .. 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