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HomeMy Public PortalAboutORD12891 s' BILL NO. 98-168 SPONSORED BY COUNCILMAN Nelson ` ORDINANCE NO. 1x89/ t AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH APLEX, INC. FOR. 1999 STORM WATER PROJECT NO. 1. i WHEREAS, Aplex, Inc. has become the apparent lowest and best bidder on the 1999 Storm Water Project No. 1 project; i � i { NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Aplex, Inc. is declared to be the lowest and best bid and is ` 1 hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Aplex, Inc. for 1999 Storm Water Project No. 1. Section 3. The agreement shall be substantially the same in form and content as tf 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. E A c Passed: /Mo c `t `t Approved: ` Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: ; Q.. City CIA ,ity Counselor S { t f? f'. � ,y y:„.- ,yy !7g �{ � EaiF4S'� .=�'`�,""�^•''c. r.:k..i'.,.c,'s a:ri«f-,.JZo ,...-c .,... <, c:.,...P. ,.t.,re...w .. ��'�71R}�,���a*k Tx tL t tar r t t R a5 t: } 41 1 F t FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 1801 - 1999 Stormwater Project No. 1 Public Works Department epartment Opened February 2, 1999 BIDS RECEIVED: I Aplex, Inc., Linn, MO $ 170,256.20 Twehous Excavating, Inc., Jefferson City, MO $ 187,273.00 Don Schnieders Excavating, Jefferson City, MO $ 191,502.40 Kauffman Brothers, LLC, Jefferson City, MO $ 201,266.00 J C Industries, Inc., Jefferson City, MO $ 202,975.00 ' Muenks Brothers Construction, Loose Creek, MO $ 219,145.25 r Jeff Schnieders Construction, Jefferson City, MO $ 250,229.00 FISCAL NOTE: 3500-9900-7350-3010 3500-9900-7350-3015 Dwayne Drive Cole/Allen 1998-1999 Budget $ 50,000.00 1998-1999 Budget $45,000.00 Bid 1801 $ 48,430.25 Bid 1801 $ 59,200.57 Balance . $ 1,569.75 Balance *( $14,200.57) f 3500-99-7350-3018 3500-9900-7350-3019 ' Norris/Hillsdale Lola/Geneva 1998-1999 Budget $ 75,000.00 1998-1999 Budget $ 75,000,00 Expended $ 126.00 Bid 1801 $ 21,439.00 tF Bid 1801 $ 58,212.00 Transfer to Cole/Allen $15,000.00 '. Balance $ 16,662.00 Balance $ 38,561.00 1 ' *Transfer of funds from Lola/Geneva project to cover the remainder of the expense. .1 ' PAST PERFORMANCE: Aplex, Inc. has completed projects for the City in the past as specified. f RECOMMENDATION: It is the recommendation of staff to award this bid'to Aplex, Inc. of ` p x Linn, Missouri in the amount of$170,256.20 and allow up to a ten percent contingency if required. $170 256.20 + 1 — ( $ 7,025,62 — $187,281.82) z' ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, IJ!epartmenf al'Recommendation 3 4 Signature ' t , G Pu ing Agent r P li arks Director tS It aac.ww,�:nx M.:r'.«atow:.,e,•ws>r..w..,�,..e....:...,..._.............. ...... . ... ,. �• t h 0 F F L C E M0 To: Jim Hartley, Purchasing Agent Prom: Marty Brose, Director of Public �'�'o ME Subject: 1999 Storntwater Project No. 1, includi g roject No. 33034- Dwayne Drive, Project No. 33036 - Cole/Allen Drive, Project No. 33039 - Belair � Dean Project No. 33040 - Lola Drive, Bid No. 1801 Drive, and Date: February 8, 1999 Bids for the above referenced project were received and opened February 2, 1999. A tabulation of the bids received is attache he o t 1:30 PM on Tuesday, Please be advised that the Department of Public Works recommends the / for this project in the amount of$170,255.20 as submitted by recommends Inc. acceptance of the bid the contract for the work included in the proposal be awarded t xthe of f Linn, Missouri and that orementionec{"'bidder. Expenses for this project will be charged to the following accounts: Account No. Amount Available Amount Required 3500'9900.7350.3010 $50,000.00 (Dwayne/Dean Drive) $48,430.25 9500.9900.7350.3015 $45,000.00 (Cole/Allen Storm) $59,200:57 (NorrisMillsdal73 e)-3018 $74,874.00 $58,212.00 3.00.9900 73503019 P (Lola/Geneva) $75,000.QO $21,439.00 TOTAL {` . - $187,281.82 $15,000.00 will be requested to be transferred from Account N (Lola/Geneva) to Account No. 3500-9900-7350-3015 (Cole/Allen Storm)3500-9900-73 50-3019 amount by which the.bid is over the budgeted amount for the project,°�) �� order t° cover the The total amount indicated to be required for this project includ s t ($170,256.20+$17,025.62=$187,281.82). The ten (10) per cent�s the bid amount plus 10%, change orders or extras not included in the original scope of the a contingency to cover:any s xa t project. cc: Rich Mays, City Administrator Jack Kramer ; Bob Kelsick Central File 1 1 i t t ri Uzi Y�� A.c de k i z' 8 8 8 8 8 8 8 8 8 8 8 $ 8 8 8 8 8 8 S 8 8 8 8 °q �' � F .O N � N N rN M N Y9 L► � N V► v! N N N b N N N � . z S 8 S 8 S S 8 CS 00 S S S 8 8 8 to S 8 S S } PTO S <> S H V► V) � O ti N SO V) W fA N 1 � � S O O S O O S O O O O S O O O O O O S S S S O FS o S o N R 3 C6 r N r r r r r r N M to r O N V! rV) V! N w V) V) N N tH V) W w V) N GO N N V 2 a F S S S S S 8 O O S S O Z S o � S ww Go U9 P g °o 17> ►°- r r r N N N N N i N N N N V) N V) N V) N . a LU o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 p p o O If-IQ O 8 Cl O O O O Cl O Cl O O O Cl O O O O Cl O O 8 O O C C O C �tpp C C C C C C G C C W O tj M N O r W O O O to 1p� N O O O O O O O O N N N O t� S O N O Qf O O to O c'? 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' r ' 11 r � is SPECIFICATIONS AND CONTRACT DOCUMENTS Project No. 33039 - Belair Drive t Project No. 33040 - Lola Drive 4 f . Project No. 33036 -Cole/Allen Drive f Project No. 33034-Dwayne/Dean Drive 1999 Stormwater Project No. 1 r y i t ?^? pf NY BROSE z- s =cn NUMBER E-17511 174...��.�5` d Jefferson:City Depart ment of Public Works Februa ry 1999 ;} VA , ti { I• C1WPD©CSIPROJECT199 atormwater protect no 1 i. January 14;1999 I I AoR� CERTIFICATE Q� LIABILITY Ii�SU C EOP ID N2 DATE(MM/DD/YY) PROgUCER APLEX-1 0 2/2 2/9 9 I Na ught-Naught / Jefferson City THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION j 1441 Christy Drive ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Box 1768 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR i 'feradn City MO 65102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY j 573-634-2727 No 573-634_-7762 I A General Accident } INSURED COMPANY { COMPANY Aplex, Inc. C Rt. 1 Box 221- A i Linn MO 65051 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE POLICY NUMBER 'POLICY EFFECTIVE I POLICY EXPIRATION DATE(MM/DD/YY) ; DATE(MM/ODMn LIMITS GENERAL LIABILITY A X COMMERCWLGENERALLIA8ILITY I CGL5024003 i ; I GENERAL AGGREGATE 1$2,000,000 17 03/23/98 03/23/99 ( PRODUCTS-COMP/OPAGG s 2,000,000 CLAIMS MADE OCCUR' j PERSONAL d ADV INJURY S 1,O O O,O 00 X OWNER'S&CONTRACTOWSPROT OCP 0162436 03/01/99 j 03/01/00 EACH OCCURRENCE I+ a�CATZ - $1,000,000 5 1,000,000 I FIRE DAMAGE(Any one tiro) 5 3 0 0,0 0 0 oCCURMOM - $1,000,000 AUTOMOBILE U481LITY MED EXP(Any one person) S 5,Q 0 0 f + I A X ANY AUTO BA0253588 03/23/598 i COM8INEDSIIIGLELIMIT $11000,000 03/23/99 ALL OWNED AUTOS X SCHEDULED AUTOS i BPOMDILY INJ RN $ 'X HIRCD AUTOS NON-0WNEDAUTOS I BODILY ramd INJURY Is j ) I i �PROPERTY DAMAGE j S GARAGE LIABILITY . 1 ANY AUTO I AUTO ONLY-EA ACCIDENT S �• OTHER THAN AUTO ONLY. EACH ACCIDENT EXCESS LIABILITY ii AGGREGATE IS i UMBRELLA FORM I EACH OCCURRENCE S OTHER THAN UMBRELLA FOPJJ AGGREGATE S WORKERS COMPENSATION AND I Is EMPLOYERS LIABILITY T/CSTATU• I IpFR-) I A THE PROPRIETOR/ EL EACH ACCIDENT Rat WC0333381 I s 500,000 OFFICERSEXECUTrvE I 03/23/98 03/23/99 EL DISEASE-POLICY LIMIT s500,000 OFFICERS ARE OTHER EL DISEASE-EA EMPLOYEE I S 5 O 31000 I i I A Equipment Floater CIN0412212 03/23/98 03/23/99 Limit of OWNED, RENTED AND EMPLOYEES TOOLS $185,888 ,. I Inauraace • I DESCRIPTION OF OPERATK)NSILOCATK)NSNEHICLES/SPECWL ITEMS **NAMED INSIIRED: CITY OF JEFFERSON 3;0 E. MCCARTY gF 1�gg: 1999 Stos�r:ter P oject No.l-§ro ec No.33039-BelairRDrive ProMiectSNo� i X33040-Lola Dr�.ve, Pro act No.3 036- ole Allan Drive Project No.33034- Da►ays�a/De in thl p�oeet off Pro act 170,;56.20. Hold harmless agreement -app w thin the 1 0 tations of the poi cY. CERTIFICATE HOLDER CANCELLATION . CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN BEFORE THE J EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Jefferson 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Dept.of Public Works BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 320 E. McCarty OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRES NTATES. Jefferson City MO 6510, N AUTHORIZ D PRESENTATIVE ACORD 25-S(1/95) " CORD CORPORATION 1988 ACQRD. CERTIFICATE OF LIABILITY INSURANCEoPIa N2 DATE(M » APLEX-1 02/22/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Naught-Naught / Jefferson City ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 441 Christy Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Box 1768 1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Person City MO 65102 COMPANIES AFFORDING COVERAGE COMPANY No. 573-634-2727 Fax No. 573-634-7762 j A General Accident INSURED COMPANY f B I COMPANY Aplex, Inc. C Rt. 1 Box 221- A COMPANY Linn MO 65051 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ! INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, t EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION' L CO O TYPE OF INSURANCE i POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) f LIMITS GENERAL LIABILITY i I GENERAL AGGREGATE ( S 2,0 0 0,0 0 0 y A X COMMERCIAL GENERAL LIABILITY CGL5024003 03/23/99 ( 03/23/00 PRODUCTS-COMP/OPAGG ( S 2,000,000 CLAIMS MADE �X_ OCCUR PERSONAL&ADV INJURY 1 $1,000,000 X OWNER'S&CONTRACTOR'SPROT( *� OCP0162436 03/01/99 03/01/00 EACH OCCURRENCE I S 1,000,000 AG=QATT - $1.000,000 FIRE DAMAGE(Any one fire) $300,000 { i I occu..ma - $1.000,000 I I MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY I I COMBINED SINGLE LIMIT $1,000,000 A X ANY AUTO BA0253588 03/23/99 03/23/00 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY ') NON-OWNED AUTOS (Per accident) $ � I PROPERTY DAMAGE I S GARAGE LIABILITY I i AUTO ONLY-EA ACCIDENT I$ ANY AUTO I OTHER THAN AUTO ONLY: III ! EACH ACCIDENT $ I AGGREGATE $ EXCESS LIABILITY i EACH OCCURRENCE I $ UMBRELLA FORM AGGREGATE $ i III OTHER THAN UMBRELLA FORM ( E WORKERS COMPENSATION AND I WC STATU- OTH-} 1 EMPLOYERS LIABILITY ( EL EACH ACCIDENT + 5 500,000 THE PROPRIETOR! A INCL WC0333381 03/23/99 03/'23/00 EL DISEASE-POLICY LIMIT s 500,000 TNE PARTNERS/EXECU OFFICERS ARE: EXCL 1 EL DISEASE-EA EMPLOYEE 5 5 0 0,0 0 0 OTHER I A Equipment Floater CIM0412212 03/23/99 03/23/00 Limit of $185,888 OWNED, RENTED AND EMPLOYEES TOOLS I Insurance DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS **NAMED INSURED: CITY OF JEFFERSON 3106 E. MCCARTY, JEF ERSON CITY, MO 65101 i gggg: 1999 3tor�:ter Project No.l-�ro�jec No.33039-Helar Drive, Pro--{{ect No. ' ;1133040-Lola Drive, Protect No.3 036- 61VAllan Drive Project No.33034- Dwa a/Dula pr vnl o t of Pro ect 170 256.20. Hold harmless agreement i a �ies within the lCimsitations of the 100iicy. CERTIFICATE HOLDER . CANCELLATION `,. CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE y EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Jefferson Dept.of Public Works BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY I 320 E. McCarty OF ANY KIND UPON THE COMPANY,ITS GENTS OR REPRESENTATIVES. Jefferson City MO 65101 AUTHO E EPRESENTATIVE ACORD 25-S(1/95) CORD CORPORATION 1988 �i Of J rt =.k City of Jefferson � Duane Sehreimann Mayor Department of Public Works Martin A. Brose, P E.,Director 320 East McCarty Street Phone: (573)634-6440 Jefferson. City, Missouri 65101 Fax: (673)634-6467 February 15, 1999 Mr. Joe Hehnig Aplex, Inc. Route 1, Box 221 E Linn, MO 65051 RE: 1999 Stormwater Project No. I Belair Drive, Lola Drive, Cole/Allen Drive, &Dwayne/Dean Drive Project Nos. 33039, 33040, 33036 and 33034 Dear Mr. Hehnig: Enclosed, please find three (3) copies of the contract for the above referenced project. Please execute the contracts, return them along with the Performance and Payment Bond(s), Certificate of Insurance,and Owners and Contractors Protective Liability Policy Binder by 5:00 p.m. on Monday,March 1, 1999. The Certificate of Insurance must be issued by the company affording coverage. Certification from a local agent is not acceptable without necessary documentation empowering and authorizing the agent to sign the surety's name. In addition, if an aggregate amount is specified,a statement of the amount of that aggregate available to date must also be included. By separate cover,the Department of Public Works will issue a Notice to Proceed on die project. You must submit the above documents in correct form before you begin work. Should you require additional information, please contact the Department of Public Works at 634-6440. 1;7 Sincerely, z �W le� Robert W. Kelsick, PE Engineering Design Supervisor ,. RWK:als c: Director of Public Works Central File City:Clerk Engineering Division Director ray... __--..._.._ _ �_.:.. �..•,._;� r ke;- Bali P s; } fTM i r: JAILE F C4h --LTEN1rS 1 }3( F 3 Advertisement for`:SidS �: • Notice to Bidders -- Information for Bidders • Bid Form . ' Bid Bond 1 • Anti-Collusion Statement " y �< Contractor's Affidavit • s ( � 3 itt ' Minority Business Enterprise Statement vl r Statement of Minority Business Utilization Commitment • Affidavit of Compliance with Prevailing Wage Law Prevailing Wage Determination { 1 Affidavit of Compliance p e Public Works Contracts Law � .r • Excessive Unemployment Exception Certification Construction Contract Ott { x r. i w Performance,, Payment, and Guarantee Bond General Provisions f � 1 Special Provisions Attachments Uu r s k • Addendums( If Any ) { I ("INDICATES THIS ITEM INCLUDED IN B/D PACKET FOR SUBMISSION OF B/D F+ _ CAW PDOCSIPROJECT189 o storrnwaEer r 4 ; P Jt W 1.1NO x January 4.'1899 t r 'M!4*tivMnwtlrr+r>ec�+m - { ° rr A Y {it 2 p OF J az C'c ty ®f efe f fens®n Duane SGhreirnann Mayor {{ Department of Public Works 320 East McCarty Street Martin A. Grose, P.E.,Director ' J - Jefferson City,Missouri 65101 Phone: (5 73)634-6440 Fax: (573)634-6457 ADVERTISEMENT FOR BIDS I Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street,Jefferson City, Missouri 65101,until 1:30 p.m.,on Tuesday,February 2, 1999. ! _ ? The bids will be opened and read aloud in the Council Chambers at 1:30 p.m, on that 1 same day. The proposed work for'the project entitled "Project No. 33039 -Belair Drive; Project No. 33040 - Lola Drive; Project No. 33036 - Cole/Allen Drive,• Project No. 33034- Dwayne/Dean Drive, 1999 Stormwater Project No. 1" will include the furnishing of = all material, labor, and equipment to install miscellaneous storm drainage i? r improvements in various locations in the City. Work includes piping, inlets, curb and �. gutter and grading. wr: . A pre-bid conference will be held at 1:30 p.m., on January 26, 1999 in the lower 3 level conference room of City Hall, 320 E, McCarty Street, Jefferson City, MO.65101 All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from !; the Director of Public Works, y om 320 East McCarty Street,Jefferson City, Missouri. Anon- ' refundable deposit of$30.00 (thirty dollars)will be required for each set of plans and specifications. Individual full size sheets of the plans maybe obtained for Three Dollars s ($3.00) per sheet. I ` The contract will require compliance with the wage and labor requirements and nd the { payment of minimum wages in accordance. with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. k° The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and.best bid and to approve the pp bond: & ; CITY OF JEFFERSON { s�is {fix r James Hartley i Purchasing Agent Publication Dates January 17, 1999 t CAMDOCSIPROJECTM atormwater project no 1,wpd . + January 12,1999 q S S 7 is NOTICE TO BIDDERS # Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 p.m. on Tuesday, February 2, ,r. 1999. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. The proposed work for the project entitled "Project No. 33039 -Belair Drive; Project No. 33040 -Lola Drive; Project No. 33036 - Cole/Allen Drive; Project No. 33034- Dwayne/Dean Drive, 1999 Stormwater Project No. 1" will include the furnishing of all material, labor, and equipment to install miscellaneous storm drainage 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.rn , on January 26, 1999 in the lower r; level conference room of City Hall, 320 E. McCarty Street,Jefferson City, MO 65101. -: All prospective bidders are urged to attend. t s All equipment, material, and workmanship must be in accordance with the plans, ` specifications, and contract documents on file with the Director of Public Works, ! K Jefferson City, Missouri. ' Copies of the contract documents required for bidding purposes may be obtained from tt the Director of Public Works, 320 East McCarty Street,Jefferson City, Missouri. A non- i y Y ( refundable deposit of$30.00 (thirty dollars)will be required for each set of plans and s specifications. Individual full size sheets of the plans may be obtained for Three Dollars $3.00 per sheet. ` A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount { r` equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. . xx if The owner reserves the right to reject any or all bids and to waive informalities therein i r to determine which is the lowest and best bid and to approve the bond.- CITY.OF:JEFFERSON, MISSOURI +; ' Martin A. Brose, PE ' Director of Public Works , k fit CAMDOCSIPROJECTWO stormwater projecfno 1,wpd January 14,1999 ti ti 4.. .b...�+4p±iW+Fy'}•�wi...34Mh.y..r ... ) . .,. ._._, ,...,: ..,. r — 4 ; 7771 flg T 1/ dd L 1 '$'24jy ,y xv .Nt3c Mz F.. Q . INFORMATION FOR BIDDERS I134 'SCOPE OF WORK The work to be done under this contract includes the fumishing of all technical personnel,labor, materials,and equipment required to perform the work included in the project entitled"Project No. 33039 -Belair Drive; Project No. 33040 -Lola Drive; Project No..33036 -Cole/Allen Drive; Project No. 33034 - Dwayne/Dean Drive, 1999 Stormwater Project No. 1" in accordance with the plans and specifications on file with the Department of Public Works. The proposed work for this project will Include the furnishing of all material,labor,and equipment to Install miscellaneous storm drainage Improvements in various locations In the City. Work Includes piping, irolets, curb and gutter and grading. 1113-2 INSPECTION OF PLANS, SPEt�IFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, . specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to fumish all materials and labor necessary to carry out the provisions of the contract. I L 1 1 B-3 INTERPRETATION OF CONTRACT DOCUMENTS i If the bidder has any questions which arise conceming the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid ":..J 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 i shall not relieve the Contractor from delivering the completed project in accordance with the vu r Intent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATIONS OF BIDDERS t , The City of Jefferson may make such Investigations as deemed necessary to determine the i ability of the bidder to perform the work and the bidder shall furnish to the City all such r Y information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such,bidder fails to satin the City that such bidder is properly ualified to ca out the obligations of the Contract jr satisfy tY q nY 9 j; and to,complete the work contemplated therein. C:\W330CSIPROJECT199 stormwater project no 1.wpd January 14 1999 w ! r i 4` a , r ' ' r i I8ti5 EQUIVALENT MATERIAL Wherever definite reference Is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used ' which will perform adequately the duties imposed by the general design,subject to the approval of the City. I13-6 BID SECURITY 7 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 i§ -- award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. l f I13-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract.Documents. Only -, sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made In the phraseology of the bid,or addition to the items mentioned therein. Any conditions,limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. f 1 13-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved ,.. � in its construction complete ete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax.exemption may be used for the � p � p ' y -� purchase of goods and materials for this project. The contract for the project will authorize and direct he Contractor to utilize the City's sales tax exemption in the purchase of goods and } materials for the project. This provision shall apply to only those purchases totaling over$500 + `' from an individual supplier. All sales taxes on those items which do,not qualify for the use of the City's safes tax exemption , and for which sales tax might lawfully be assessed against the City re to be S g paid,by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the,: L° bidder,' that the bid prices submitted for those items shall include the cost of such taxes. .. � a a � , CAMOMPROJECM9 stop water project no 1.wpd January 14;1999 { + i1. f t f u — c I13-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding Is to be received on a unit price basis, the j t ± „ quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so Invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each Item 4 and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated In the bid. Such estimated quantities, while made from the best Information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. IB-10 LUMP SUM ITEMS .Payment for each lump sum item shall be at the lump sum bid for the item, complete.in place, and shall include the costs of all labor,materials,tools and equipment to construct the item as �y t described herein and to the limits shown on the Plans. x - . I13-11 SUBMISSION OF BIDS I The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and !3 marked "Project No. 33039 - Belair Drive; Project No. 33040 -Lola Drive; Project No. ,, i 33036 - Cole/Allen Drive; Project No. 33034. - Dwayne/Dean Drive, 1999 Storm water Project No. V . t IB 42 ALTERNATE BIDS j t in making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. ; x IB43 WITHDRAWAL OF BIDS t If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, p g. without prejudice to himself: No bidder may withdraw his bid for a period of ninety(90)days 771 -ii after the scheduled closing time for the receipt of bids. } No bids received after the time set for opening for bids will be considered. q, IB44 RIGHT TO REJECT BIDS 1 The City reserve the right to reject a ny or.ail bids,to waive any informality.In the bids received,: `y or to accept the bid or bids'that in its judgement will be In 2 j 9 the best"interests`of the City of Jefferson. , 1 C:IWPOOMMOJECTM dornma Pro tect no 1.wpd January'14,1999 o j4 i i1 tv �M9fkAl�r�r+.w... • s� 4 t } d ti s Yt S 2r-.i4:?:S ,.r F..4.. :lvt}�S.i C � _ _ I • ..2 .�� i I1345. AWARD OF CONTRACT If,within seven (7)days after he has received notice of acceptance of his bid, the successful l bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided,the bidder or bidders shall be deemed to be in default J and shall forfeit the deposit. i IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent(100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. l The issuing Surety shall be a corporate Surety Company or companies of recognized standin licensed to do business in the State of Missouri and acceptable to the City of Jefferson. g �J IB47 INDEMNIFICATION AND INSURANCE yt 4 The Contractor ag rees to indemnify and hold harmless the City fro m all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all r' expense In defending said claims, or suits, including court costs, attorney fees and other 4 expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractorshali be required to provide the City of Jefferson with a Certificate of Insurance ! outlining the coverage provided. .J IB48 BID SECURITY RETURNED TO SUCCESSFUL BIDDER f: 4{ Upon the execution s p cution of the Contract and approval of Bond, the Bid Security will be returned to J{ the bidder unless the same shall have been presented for collection prior to such time,in which 9 �! case the amount of the deposit will be refunded by the City. ,4 IB49 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this z} is bid will obligate the Contractor and subcontractors: not to {' discriminate in employment practices. Yr IB-20 PREVAILING WAGE LAW 1 f �4 The principal contractor.and all subcontractors shall pay not less than the prevailing wage ti hour) ra for each craft or a of workman r y, to typ equired to execute.this contract as determined 3 by the 'so"prtment of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 ` throygh 290.340 inclusive of the Revised Statutes of Missouri, 1959 and as last amended in 1993. (See Determination included herewith.) r C:IWPOOCSIPROJECT199 atormwater protect no 1.w s January 14,19W f Y3, '� �.y:.•'w',.�+«.wF f+ALEicNtlFra...cw.....e,.,«.s. .. .. ., ti�, sz t j 9 f � r�• Ski a <: .. i IB-21 GUARANTEE 1 The Contractorshall guarantee thatthe equipment,materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. in addition, the equipment fumished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. I i The cost of all materialsi, parts, labor, transportation, supervision, special tools, and supplies , required for replacemen8 of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his'surety under the terms of the Bond. I � I The Contractor also extends the terms of this guarantee to cover repaired parts and all f replacement parts fumished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect,failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the .repairs or adjustments itself or order the work to be done by a third party,the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious- r t � , 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 i' Contractor or by his surety under the terms of the Bond. ; 1; ' IB-22 NOTICE TO PROCEED ! A written notice to begin construction work will be given to the Contractor by the City of k. Jefferson within ten(10)days after the Contract is approved by the City Council. .The time for . completion of the project shall begin to run on the date established in this notice. IB 2.3 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its ` ` com letion with the least o ` a p possible Interference to traffic and inconvenience to public, the Contractor shall, at the request of the City, submit for approval a complete schedule of:his 4; proposed construction procedure,stating the sequence in which various operations ofwork are to be performed'.. f f ti I13-24 CONTRACT TIME The contract time shall be sixty working days (60). C:IWPDOMPROJECTM stormwater project no 1.wpd January 14,1999 1; S s 777T.t. ci } P [ } F 21 rte.:..»».:.....:......... ._...._....' .v......_ , .. .. .•.�� Ci f IB-25 LIgUIDATED DAMAGES Liquidated damagas shall be assessed at the rate of$500 per calendar day until the work is complete, should the project not be completed within the contract time. IB 26 POWER OF ATTORNEY Attomeys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB 27 BID PACKET R. Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder,the bidder's address, and the name of the project for which the bid is being submitted. { If forwarded by.mail, the sealed envelope containing the bid must be enclosed in another l envelope addressed as follows: Purchasing Agent Z Y City of Jefferson MO r 320 E. McCarty Street Jefferson City, MO 65101 t a Jy For the convenience of bidding this project, a "BID PACKET' has been included:with the project manual, .This packet contains the necessary forms to be submitted with the bid tit a proposal. The contents of this packet include the following: BID FORM 2) BID BOND . 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT "' S) MINORITY BUSINESS UTILIZATION COMMITM ENT 1 ( . T END OF INFORMATION FOR BIDDERS t E " sY w C 1WPDOCSIPROJEC7199'atormwater project no,l.wpd . January 14,1999 a e Y. k t � t' z, 'nVk , Ali DID FORM Name of Bidder . APLEX, INC. f Address of Bidder ROUTE 1 , BOX 2 21 E LINN, MO X051 To: CITY OF JEFFERSON 320 East McCarty Street -� Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER,having examined the plans,specifications, regulations { - of the Contract, Special Conditions, other proposed contract documents and all S addenda thereto;and b8ing acquainted with and fully understanding(a)the extend and ` r` i character of the work covered b this Bid; y (b)the location, arrangement; and specified requirements for for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other Installations, both surface and underground which may affect or be affected by the b 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 #' Y. handling and rehandling of excavated materials; t g 9 (f)the location and extent of necessary or probable dewatering requirements, •(g)the difficulties and hazards to the work which f ; might be caused by storm and flood water; (h) local conditions relative t �4 t ve to labor, r i transportation,hauling,and rail delivery facilities;and(1)all other factors and conditions 1 affecting or which may be affected by the work. {r. j HEREBY PROPOSED to furnish all required materials ' ,Supplies,equipment,pp q tpment,tools,and # plant; to'perform all necessary labor and supervision; and to construct; install,'erect, F tJ and complete all work stipulated, required by, and in accord with the proposed : contract documents and the drawings,specifications and oth } er documents referred therein (as altered, amended, or modified by addenda) in the manner.and time prescribed and that he will accept in full payments ums determined by applying to the quantities oiF the following items; the following unit" rites and/or an ' P y lump sum t�,t; ,payments provided, plus or minus any special payment s.and adjustments provided in 's the specifications and he understands that the estimated u6 titles herein i e uaranteed q given are not g to be the exact or total-quantities required for the completion of the work y shown on the drawings and described in the specifications, and that increases or ' S decreases may,be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall a I to such Increased or quantities as follows: pP y '' { C:IWPDOCSIPROJEOM sb miWaler project tto 1.wpd # " Jarwary.1i1.1099 n r S S t3 i 1 £� CITY OF JEFFERSON ITEMIZED BID FORM PAGE 1" 1 1599 STORMWATER PROJECT NO.1 REVISED 1127199 r 1 ITEM NO. . APPROX. UNIT DESCRIPTION UNIT QUANTITY PRICE AMOUNT A-BELAIR DRIVE STORM DRAINAGE 1.01 EXCAVATION AND GRADING LS 1.02 REMOVALS LS _ �OO�• 1.03 48'DIA.CSP LF 10 1.04 36"DIA.CSP . LF 292 1.05 30'DIA.CSP ��-. �-'SSL•. LF 27 1.06 24-01A.CSP LF � 1.07 SEWER PIPE EXCAVATION -- LF 90 / AA. �/�.�0• 1.08 V DIA.STORM MANHOLE EA ' 1.09 4'X 4'AREA INLET EA 1.10 S X 4'AREA INLET EA r 1.11 6'X 5 GRATED INLET EA 0 1 1.12 4'X 4'TYPE"C'INLET L EA - � 1.13 5'X 4'TYPE'C'INLET r EA ` • 1.14 6'X 4'TYPE'C'INLET ` EA i 1.15 V DIA.STORM MANHOLE EA 1.16 REMOVE AND REPLACE CURB AND GUTTER r' 67 -4164L fi 1.17 6'PCC DRIVE REMOVE AND REPLACE t SY 15 1.18 4'GRAVEL DRIVE REPLACEMENT SY 160 _Aiw ................Qi ri '# 1.19 REMOVE AND REPLACE ROADWAY PAVEME ,_, NT SY 35 � I � 1.20 ZOYSIA SOD SY 350 { 121 CONSTRUCTION SIGNING _ " LS . -J' .. 1.22 ROCK EXCAVATION(TRENCH) C Y 5 , 1.23 SEED AND MULCH y .. '. 'AC 0.6 TOTAL BID BELAIR DRIVESSTORM DRAINAGE --- lf� { � Y 5- rt , 4 . .. ....:........ . . . .... ", .. . . " . . " , ":f . " .i , I � .. . ' . . .. . . { . y� . , ...:,. ,, .. .. S ... 1. � S .. .11 ! .' .. ., s I' h CITY OF JEFFERSON 11 �, fTEM�BID FORM i� 'I STORMVYATER PRQIECT N0.1 PAGE 2 . b 7 F ft .:, 1. ! t. 4 :� , DESCRIPTION APPROX. UNIT ' UNIT QUANTITY �! B-LQI A DRWE STORM DRAINAGE I PRICE OUNT " z ` 'l 201 EXCAVATION AND GRADING �t l: 4 t 202 REMOVALS LS �C�� s LS --99mo. 2.00 4'X 4'TYPE CINLET — ' ^11 Y EA 1 w --ALL. 2•Q4 6'X 4'TYPE C INLET � _ _ �,�e T` 4 + 2.05 5'MANHOLE EA 1 i .2.06 24'DIA.CSP EA ���� . ,P J 207 REM01/E AND REPLACE CURB AND GUTTER LF 48 ,� 208 REMOVE AND REPLACE ROADWAY PAVEMENT .LF 193 --....3 �� SY _ ---�� f ; 209 6'PCC RESIDENTIAL DRIVE APPROACH 20 2.10 CONSTR r.. J UCT1ON SIGNING SY 12 1.� 211 "SEEDING AND MULCHIWG ` LS '� _11 -- _ ' �+ 212 ROCK EXCAVATION(TRENCH AC �> f. —�� J .. ) 02 . . TQTAL BID L CY 5 1, Oi A DRNE STORM D --0�--_ D �' } r , ' _ D I 1. . sa tt " ' { j �. ��r f .. • , h-a, ; " 11 r .. ... at i ! . 3 �l r � , 4 , .; .. 6 x s" � ti uj y' �,> . Ysy,4n'iitY t t t 4 11, p{k ' ,ef �� v > v 3 { A .11 f ��Z, �, #f. ,�, , t # t" {. " t r P rt x �k f3 t .,. f,I 1.t': , 1i -,- i f � i r� ,. � ' .. , w r I 11 ;, J . JIL . . �, ,. . .: � I� ,� I � I �, I � . �I—� 11 I I I I I . � .1 I I � . . �I I . I I !,1!. .�. 1.— ;�V�. ` .. .. S'�.1.1It 1 f j i,S i!. 1"/r WtM,+CM,w 4tA.ua.e....m," ,Y, .. ,. . k. ±t r pct :>` �` «a i , ,' rr, 1r�o¢t t x "as r s { .,.;�n x.tip 11 t t-,l {,t'z y t 7 as f S1 ^- ++.rw - t 7' t�, Yfy t { f "� ,.xi. C,,,,y�y• w,�yCa 0 f 2� i s .f j f ss?,t�: ,rvt.e } %t.t xfSC , j i �Y m �r s t r it b a 4. mot; CITY OF JEFFERSON PAGE{ s ITEMIZED BID FORM REVISED ' 1999 STORMWATER PROJECT NO.1 1127/09, y -•-I 11TEM APPROX. UNIT --� NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT A-BELAIR DRIVE STORM DRAINAGE . 1.01 EXCAVATION AND GRADING LS --s 1.02 REMOVALS LS } 1.03 48'DIA.CSP LF 10 _ Z5106 7'SD 1.04 36'DIA.CSP LF 292 /eaaD 1.05 30'DIA.CSP LF 27 1.08 24'DIA.CSP LF 62 � Q� 1.07 SEWER PIPE EXCAVATION LF 90 1.08 V DIA.STORM MANHOLE EA 1 J1.09 4'X 4'AREA INLET EA 1 ' 1.10 5'X 4'AREA INLET EA 1 i 1.11 6'X 5'GRATED INLET EA .;'. 1.12 .4'X 4'TYPE'C"INLET EA 1 .00 �DDQ• 1.13 5'X 4'TYPE'C'INLET EA ( 1.14 6'X 4'TYPE'C"INLET EA 2 ./!/ • ' 1.15. 6'DIA.STORM MANHOLE EA 1 1.16 REMOVE AND REPLACE CURB AND GUTTER LF 87 1.17 6-PCC DRIVE REMOVE AND REPLACE SY 15 _ _Jffis < i - 1.18 4 GRAVEL DRIVE REPLACEMENT SY 160 46E7 1.19 REMOVE AND REPLACE ROADWAY PAVEMENT SY 35eG i 120 ZOYSIA SOD SY 350 /Od 0 3 500 121 CONSTRUCTION SIGNING LS — — W., 40 122 ROCK EXCAVATION(TRENCH) CY 5 123 SEED AND MULCH AC 0.6 40 �Q TOTAL BID BELAIR DRIVE STORM DRAINAGE f� � l , E y aI T . f� _._ --- I_-_ ' , z m,;�. I CITY OF JEFFERSON PAGE 2 . ITEMIZED DID FORM . REVISED : '` 1099 STORMWATER PROJECT NO.1 1I271� ; ITEM APPROX. ., UNIT. MO. DESCRIPTION UNIT QUANTI PRICE AMOUNT ' � . B-LOLA DRIVE STORM DRAINAGE I 2.01 EXCAVATION AND GRADING LS — — _ 11 I i 7 2.02 REMOVALS I I LS — — 0 Kidd ' 200 4'X 4'TYPE C INLET EA 1 /G� v�/00 �;a 2.04 V X 4'TYPE C INLET EA 1 ��_ a�1Q ; 2.05 6 MANHOLE � EA 1 �[Q�_ 01/00 ""; 2.06 24°DIA.CSP LF 48 6;; IQ16 E . 1 2.07 REMOVE AND REPLACE CURB AND GUTTER I L.F 193 av _ � t �l,-''-ll I l I I�I: ^i 208 REMOVE AND REPLACE ROADWAY PAVEMENT SY:. 20 !&Q x 209 6'PCC RESIDENTIAL DRIVE APPROACH SY 12 �r '� -- 2.10 CONSTRUCTION SIGNING LS — ,IDDD i f{I ` 2.11 SEEDING AND MULCHING AC 0.2 •C°Q22. �& i i 11 212 ROCK EXCAVATION(TRENCH) CY • 5 �, o�D f J p� ,,:[ TOTAL BID,LOLA DRIVE STORM DRAINAGE I D c �- . . . 4 a+` :' i a + (' € . + ; i �� } 'f" i .11 I �:: �. . , . + �.'l 11 .t. .ai` { .. �. .5. , Tt( i I y. d r, {� , �k 5 .., � .;:. : 11. +Y �4 11 I.. !; 1, +Ls �. t ; 5 rrr������. J y�67 '9t J •, .. � ter `^sg41 111 {: ' - , 2i „.. A } i 1T' r� PJ 11 t . I� � " ,-�-"�"�"�!"".,.",�"""!".�.,�,'�,"�:"� ,� r . §' t 71 �.. .. t I 1 t Nt - .. £ _ a �f ;t l' tt s /f a_"' +xw9amnNXwJ:.7+hWh.;-,,,,'."' :..: '. .'.: ; .b�t''"'Ya t'x` 1'Y3+ 1L ...�+_.- ,+.<i .wri4a-Ww�c++vii+..yr.r+�r}rt ;t t5�k.'V;'is ray�l t a z p t N I� �,ks 1 r z#! d s 7 f :J .J ` ,.k.�, q 3 r a.'f 1. { r% ��aay�CyJ^ st.J t � J 1 x __ - .. .......'.t.-,t.E F d 11,:: -..�.ba... i� .M PAGE 3 CITY OF JEFFERSON REVISED ITEMIZED BID FORM lmpog logo STORMWATER PROJECT N0.1 APPROX. UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT NO. C-COLE/ALLEN DRIVE STORM DRAINAGE 3.01 EXCAVATION AND GRADING LS 3.02 REMOVALS LS --- LF 16 1 3.03 12.OIA.HQPE LF 736 3 3.04 18"DIA.HOPE ( LF 23 3.05 30'DIA.HDPE EA 2 4 3.06 4'DIA.STORM MANHOLE 3.07 6'X 4'TYPE"C"INLET W1 DEFLECTORS EA 1 I 3.08 V X 4'TYPE"C"INLET EA EA &09 4'X 4'TYPE'C"INLET W1 DEFLECTORS 1 -, EA 3 --,Wad 3.10 4'X 4'TYPE"C"INLET EA --- # 3.11 4'X 4'TYPE"A"INLET ! EA 2 3.12 CONNECT TO EXISTING INLET BOX LF 335 3.13 REMOVE&REPLACE CURB AND GUTTER z SY 13 -- 3.14 REMOVE&REPLACE 6"PCC RESIDENTIAL DRIVEo 1 3.15 REMOVE&REPLACE RESIDENTIAL APPROACH SY 10 t w,r SY 50 I i ?' E 3.16 REMOVE&REPLACE ROADWAY PAVEMENT AC 0.3 3.17 SEED AND MULCH SY 323 40 3.18 ZOYSIA SOD I, LS _. -� 3.19 CONSTRUCTION SIGNING CY 5 �_ ---rte } r 320 ROCK EXCAVATION(TRENCH) 321 GRADING @ INLET BE 1824 ALLEN DRIVE LF 30 3.22 WATER SERVICE REPLACEMENT TOTAL BID,COLEIALLEN DRIVE STORM DRAINAGE . W QA lee } i J ` n. 7 PAGE 4 CITY OF JEFFERSON REVISED ITEMIZE.O 81D FORM 1127lN . ' 1M STORMW AT PROJECT N0.1 APPROX. UNIT UNIT QUANTITY PRICE AMOUNT 4 NO. DESCRIPTION D-DEAN DRIVE STORM DRAINAGE 4.01 CONSTRUCTION SIGNING LS 1 LS 4.02 EXCAVATION AND GRADING :.. , LS - - 04G 4.03 REMOVALS EA z, 4.04 8'X 3'TYPE A INLET y 4.05 8'X 4'TYPE C INLET EA 1 LF 20 1 4.06 18"DiA CSP _ } 4.07 24"DIA.CSP LF 113 EA It. 4.08 24"DIA.CSP END SECTION 1 4.09 REMOVE AND REPLACE CURB AND GUTTER LF 197 _ /z SD___ 4.10 REMOVE AND REPLACE 6"PCC RESIDENTIAL DRIVE APPROACH SY 20 4.11 REMOVE AND REPLACE 6"PCC DRIVE SY 30 CY 5 . 4.12 ROCK EXCAVATION(TRENCH) __� --s��— # •;' 4.13 REMOVE AND REPLACE ROADWAY PAVEMENT SY 15 a SY 5 AM 4.14 RIP-RAP ' 4.15 ZOYSIA SOD SY 117 AC 0.2 4.16 SEED AND MULCHr+�i+��� TOTAL BID,DEAN DRIVE IMPROVEMENTS ' 1 i y . -3j{ .. MVP t i ppa7 t A ll , 4 x � 1 FI y L PAGE 5 . CITY OF JEFFERSON REVISED ITEMIZED BID FORM i1ZTl99 1I�9 STORMWATER PROJECT N0.1 APPROX. UNIT ITEM UNIT QUANTITY PRICE AMOUNT . DESCRIPTION E.DWAYNE DRIVE DRAINAGE IMPROVEMENTS LS -- '- ' .� 5.01 CONSTRUCTION SIGNING LS -- --� 5.02 EXCAVATION AND GRADING _ LS -� # 5.03 REMOVALS EA �! 5.04 V X T TYPE A INLET EA 5.05 a'X 4'TYPE C INLET 5.06 4'X 4'AREA INLET,WI 6'OPENINGS,3 SIDES EA 5.0T 8'X6'ENERGY DISSIPATION STRUCTURE,JUNCTION 80X 5 5.08 18'DIA.CSP l 2 -- -�- ._.J LP 45 5.09 .30'DIA.CSP EA 5.10 30'DIA CSP END SECTION LF 180 AL�j� 1 _-_- 5.11 REMOVE AND REPLACE CURB AND GUTTER SY 15 �� 5.12 REMOVE AND REPLACE ROADWAY PAVEMENT CY 5 . sue OCK EXCAVATION(TRENCH) 5 . .. 5.13 R SY 28 -- "`"'_ 5.14 GROUTED RIP RAP AC 0.2 � �. 5.15 SEED AND MULCH �6D SY 10 _�--- 5.16 ZOYSIA SOD a �7 16'G 40 TOTAL BID,DWAYNE DRIVE DRAINAGE IMPROVEMENTS :r A. TOTAL BID BELAIR DRIVE STORM DRAINAGE // 90 13..TOTAL BID,LOLA DRIVE STORM DRAINAGE C:.TOTAL BID,COLEIALLEN ORNE STORM DRAINAGE a�'A t. D. TOTAL BID,DEAN DRIVE DRAINAGE IMPROVEMENTS oZ I. 78� E. TOTAL BID,DWAYNE DRIVE DRAINAGE IMPROVEMENTS / 'i TOTAL BID 1899 STORMWATER PROJECT N0.1 �P t y j f # .. .. . t t. SUBCONTRACTORS If the Bidder Intends to use any subcontractors In the course of the construction, he shall list ^ahem. i i TIME OF COMPLETION 7 The undersigned hereby agrees to complete the project within sixty (60) working days, subject to the stipulations of the regulations of the Contract and the Special Provisions. r ` It is understood and agreed that if this bid is accepted,the prices quoted above inrlude. ` all applicable state taxes and that said taxes shall be paid by the Contractor. J The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or X firms than herein mentioned have any interest in this bid or in the Contract to be � entered into; and this bid is made without connection with any other person, company, y or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property + , J of the Owner,should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. .L Y°4 if written notice of the acceptance of this bid is mailed,telegraphed, or delivered to the. undersigned within sixty (60) days after the date of'opening of bids, or any time ' thereafter before this bid is withdrawn,the undersigned will,within ten (10) days after the date of such mailing,telegraphing,or delivering of such notice, execute and deliver a Contract in the form of Contract attached.:. � f 4 .J y '�y(M1y t i r£ IIVPDOCSIPROJECT199 afotrtwvalx Pra�ec!no 1.wpd January i4'*1999 3 "S`"""""'7"-'_` ,.., v - "r ti•'4.."b"gy' +[44 . t , 3 .nNw��.... .. .tP��v' lli4t d T Y tl + . I L t , x1.• °t t4 The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or d ivered: :�.. ew..1�-F• �. Bo x 4a 46 74 IAI,`27 o fins©S`/ it is'understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: ` If an individual, , doing business as If a partnership, , member of firm. by If corporation, jole 1 i Title PR es;cl e tv 4 ' ` . SEAL Business Address of Bidder Rdwya /, A36V I—i&Ar,A70 6S'OS If Bidder is a corporation, supply the following information: ' State in which incorporated %ssacc,�� s Name and Address of its: Ile ' J President OX C2a l E 1--1 A!N /Y/lJ-6 c-os/ ; Secretary is A%.,5 =, } =v Rokle/ , Q3oX �a"t' &"Y/y MA dos-asM/ . w, Date C:IWPD=WROJEO'nW d nnwa%r project no 1.wpd January 14,1999. } ,,,,k" i. d Y1R ' h T JN i r KNOW ALL MEN BY THESE PRESENTS, that we, the Y, APLE& INC. -- as Principal, 3 a; undersigned, � _....� and EMPLOYERS MUTUAL CASUALTY COMPANY aS Surety, are hereby held and firmly bound unto the CiTY OF JEFFERSON, MISSOURI as owner, in the penal sum '.` I pf--- FIVE PERCENT (5%) OF PRICE BID-----------fpr the payment of which,well and l truly to be made, we hereby jointly and severally bind ourselves, our helve, executors, odrninistrators, successors and assigns, this 2ND day of FEBRUARY 1999. The condition of the aC ve obligation Is such that whereas the Principal has submitted =' to the CITY OF JEFFERSON,MISSOURI a certain Bid,attached hereto and hereby made a part hereof to enter kito a contract M writing.for the project entitled: ` "P No.330 -Betair Drive; Project No.33040 -Lola Drive; Prajeet No.33036- Coi Ion Drive; roject No.33034-Dwayne/Dean Drive, 1999 Stormwater Project No. NOW,THEREFORE, (a) if sold Bid shall be rejected,or In the alternate, (b) If said Bid shall be accepted and the Principal shall execute end deliver a contract in the Form of Contract attached hereto (property completed In ?. F accordance with said Bid)and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons peftming labor or furnishing materials In connection therewith,shall In all other respects peel the agreement created by the acceptance of said Bid, ' then this obligation shall be void,otherwise the some shall remain In force and effect it belnp expressly understood and agreed that the IiabiGty of the Suretyforany and al dalns hereunder shall,In no event, exceed the penal amount of this obligation as herein stated. t The Surety,forvalue received,hereby stipulates and agrees that the obilgatlons ol'sald Surety and Its bond she#be in no way impaIW or affected by the extension of the time within ij which the Owner may accept such Bid;and said Surety does hereby weave notice of any such t{ 3Z Y; .. extensllon. , 'S � � 1 IN VVITNESS WHEREOF,the Principal and the Surety have hereunto set their hands I ` and seats,and such ofthem as we corporations have caused theircorporato"obto be hereto 8fced and these to be signed by their proper a ficers,'the day and yearfim set foeth 4 APLER, IN . abOVe. . t Al SEAL t, EMPLO S AL CASUA 0 ' 0 NAUGRT, ATTORN N-F C cM0JEC W stmov M armed no 1 e�flll�ly 95..1 Hey Y} .• .. . I; f 'i"'Y 't�oWYiRS�Ki'tYiit2 ` ,'Y'>G'Yxat ww•�... ro tt,, v 1 +wC S(S >). 'H# t iip.a.gdY. b4'i•xN `� .' t.'• Wi''`t< r 1, t s t Y,. w ^^^-�-+....w....,,,,•„,.,.,,,� .:) Y` Y t s .,t s .... •t:: r , y EMC 5 > aC .`` d9 anies . MP P O• t e>Ifeti lV�uine, akil X0303 •err•" • .... `n^z:.`',i� •^s;i.>`cx2:' :!3q'd 'x.. '�'?v CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT SOW ALL MEN BY THESE PRESENTS,that: t• Employers Mutuai Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation EI�CASCO.Inrfarar►ce Conspany'an Iowa Corporation 6. American Uberty Insurance Company,art Iowa t�orparatlott lk2s.' videnoe,a Rhode Island Company 7, `the Hamilton Mutual Insurance Company, mt dh'ia,(�rparatfon 3: 4t:PCASC0lniiuranoe Company,an Illinois Corporation IiQfeiEiatter referred to stiveral as".Company'and collectively as 'Companies',each does,by these presents,make,constitute and appoint: HAM NAUGHT, T€ OMAS S. NAUGHT, DOROTHY RAKER, BILL R. EUCH&NAN, BOB EASTIN, c'UTH SIONE,----- INDIVIDUALLY, JEFFERSON CITY, MISSOURI-------------------------------------------- ------------ i i its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: �G �, _____ __-----------------u $4: AbpCIN'T N.)T EXCEID LLION DOLLARS -{ 14.oUU,�OQo.IaD ,! 6. ` theu8b ash and to the same extent as if such instruments�were signed by the duly authorized officers of each Srrdtt Qompanyfand a?t of burd.ead!.Com y Y ty tRse "of said agofiey pursuant to the authority hereby green are hereby"ratified and cou�inriied ?. : >: : The aufhodty hereby granted shag expire April 1, 1999 unless sooner revoked. ; AUTHORITY FOR POWER OF ATTORNEY power-of4mmey is.made and executed pursuant to and by.tho autixx*of the.follovnng resolution of the Boards of Directors of each,:of the Comparkes'at the first j J sciiedul `tneE;Ung of each corrrpany duty called and held in 1997 •`Itte resideeit and Ct>lef,t:xecutive Officer,any V ce Prestde�rt,the Treasurer dnd the Secretary of Employers Mutual Casualty ClxrpanY s,i_tiave_pawer tpr(i)appoai sit'meys-in-fact and authorize the to;execute,on't�ehaff of:each Company and attach the seal of the Compart}l retp;'and i&&' j trrideitatsirgs,r¢cogrrirarrces,contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shag have power and authority,subject to the terms and limitations of the power-of-aftomey issued to them, to execute and deliver on behaff of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and _ her writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. rtitucatiorr as to the vafidity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects ,ripen 1tIt5.Cornpany.The:facsim'ile or rnechanicalty reproduced.signature.of such officer,whether made heretofore or hereafter.zwhenaver appearing upon;a M) /y�/1 pfi poNiet�of-attorney of the Company,shag be valid and binding upon the Company Mh the same force and aNec!as Choi�ti rna iiiaJ WA ft OW IiHEREOIF,;tre Cflmpanles have caused these presents to be signed for each by theur officers as shown,and the Corporate Seals Lobe Ifereto affiired this ; t 3.r,th. S@a1SI°1NaU ,oaa�icE'co.o ,,��..... ,/�'•, Bruce G.Kelley,Ci irman Donald L Co r co ,1111,. ,.,.,.,•,,,, of Companies 2,3,4,5 5 6; resident of Assistant Secretary JS�aioi% S�' ;�.+oo"►oy�e��o z �0'�o°"ro••�-y� of CompM 1;Vice Chairman and CEO of 7 «: $ 1863 ;�: 1953 30: Vim! 6'L I;�',,�i a aa�'T� -O '4. ,aV`a'i.` .,�I' L.n1 Z•�, y g ,' .•5 'g' 'Y fEINC *�Iii .'Ilk w <ia1•,a �0.16 y .. ,. ><. :s, A ►x ?' ^. y. i - �; z .%`• ( r.Yt.9 t`''�;': 1 Orrttus23rci�yaf )r'ebruaty AD t9 b �t> Ore r 'a , Al y A oaE x$04,%•,, :aS413°A; Notary Pubik ire and fof fire State of Iowa,personally Bntoe G I e ji and Donajd� �osw.� �a �`;.�o..ro•,';�',°'Y L Cougtrennower,who,being by me duty sworn,did sa,that'tfrey'are,-®rid 8re kro�vrf tome 7_ _ to be the Chairman President, Vice Chaimran and CEO,'arxilor AssistanC Secretary, I -- W SEAL SEAL =� SEAL o respectively,of each of The Companies atxrie;that the seals affixed to this.�tuume� o• �, »f. the seals of saki oorporalions;that said instrument was SI and sealed:on half +'••., ,,.�`» -.,r'• ,1,,, wed I -°• /�,..� --•'r��N o�•o�,.•'a� •.,MOINES;o...0� of the Companies by authority Of thBir respective Boards o}'Directors;%and that'.the Saki '�•II•�n1;11•a lan1HI•I /JIIIIIIIIa - ' `�, •, �, � ,#�. Bruce'.G;.Kelley;afrd[�nald L Coughennower,as such ticefs, c +w►�dge.gre,;ex@ cut , said instrvment'to oe the,voluntary act and deed of each p#ttirj_ R e T NIy Commission Expires December ,1999. t ya ;5•s `' sir - �s AMY LEE PETERSEN /� ,p n �" •,`: ;,t�� `'i Y 4n" { ` MY COMMISSION EXPIRES December 8,1999 Notary P is in and for the State of Iowa. CERTIFICATE I,David L Hixenbaugh,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the r pis P r of�ltt�p�lney Issued pursuant thereto out February. 23 1996 ' �'Y �.�t••.k'a.ThO(rlc' 8�$., N811 'lfi�, ?Ly6r6:llY>1 .X.'i. j:a1 R. Bl1Cha1'ic'it1 4s b '�Z °, •`'K;Y, 4 1 ?°• i / t. >l. 'i< '`' i <4 ti �'''.,i.l • `l ky z �•. o i +' R -iflU ar � $ .o11er't'•.')�j{�� Q e' < a f< s R > 3 `� t ., . r ''l '? ,i isc ed my name and affixed rile faceimlle$eai of a Coiarmj artY'th<s da�r,of s:FEBR 1 �° p" 'Via;.� i z ,. . j yam,.. ; , ViQe-P•IVp^IV!n ...w,hou x.t«_..........,.^. ..,. .... .. .. .. .�...,.+—.o•P-rnwyT..e....,.+�..:•-...-.::..:...-.-•�.�'-..c.3!r.... :i � 3 ' EMC Insurance Com. anies `I iquuz,-d CoaSL'aAl— Company. Des Nfoimes t :J .MC--tSCO —s mace Comp= Des Moines i ..� ,� ;;aion '.asr�c: C.or..:a��• of ?:-ovide�, i---,(� q�/� .4 �.��:c'...a ..3be:•-� �r"rmc° G»na.:.ti•. i Z=Viovr_s Moct=-- .r.**e Com=a±.v, yes Moines -:r :...si.�cc Car.::.azty. 3isma::�: Jt -vim %A?'(i .�.,,7...:ur��`_' �Va;.r�r: SCt`ti S f HAVE �r:� is_=ONE :.�arses...=NL "Ci.: aG "- :7 UNA BLE ':'7 Cali_A c-_ vCu`r. " e1C3N-_ vCG {= AMC -NSLM%ANCs CCj4_=.kX_ES, 4: ?. O. BC% 8550 Kansas C MC 643 50 f } t' ( IS-O - 942-0004 AGZY ?AX: 945-??52 IJ I u ` ,) ED] �L C : h • i 3 ANTI-COLLUSION ST°AMMENT STATE OF .Gtdetict.LcJ ) COUNTY OF being first duly sworn, deposes and says thane is �i :ac��. of s TITLE OF PERSON SIGNING yy' NAME OF BIDDER i that all statements made and facts set out in the bid for the above project are true and . correct; and that the bidder(the person, firm, association, or corporation making said bid)has not,either directly or indirectly,entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated tY with, any other bidder for the above project. (BY) v) 3 (BY) °z Sworn to before me this 40 day of 19 9 9 d NOTARY PUBLIC }p. ' My commission expires: x C a HYL L!S BRAND, Js" 'w {.1�s IWPDOMPROJECTW9 A nwater pr*d no 1.wpd Notary Publlo-State { My Corr misala°r o e x f YS i 4 CONTRACTOR°S AFFIDAVIT � This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF ) COUNTY OF ' The undersigned,.arc cJ of lawful age, being first duly sworn states upon oath that he is ce Of J the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed ' project. , T 40is I fir»t5 AFFYANT, Ir f ySobscii�i d and sworn to before me, a Notary Public, in and for the County and State ,aforesaid, this A day of C4 NOTARY PUBLIC 4 My Commission Expires: �- v _ PHYLLIS BRANDY January 14,t� ` C:tyVpDOM PROJECTM obarmater project no 1.wpd Wotary PubUc Site of t " Coun of M�sourr i Mi Co E $i20p2 t , a ....�..L.... 4 s MINORITY BUSINESS ENTERPRISE STATEMENT � { Contractors bidding on City contracts shall take the following affirmative steps to assure that small,women owned, and minority business are utilized when possible as sources <t of suppliers, services, and construction items. i 1. Contractor's will submit the names and other information if any,about their MBE sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. f ' 3. Qualified smell, women owned, and minority business will be. included on 5 solicitation lists as sub-contractors for City supplies, services, and construction. i 4. Qualified small, women owned, and minority business' will be solicited whenever they are potential sources. 5. When economically feasible, Contractors will divide total requirements into ; s' �' --- smaller tasks or quantities so as to permit maximum small,women owned, and 3 minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules #4 which will encourage participation by small, women owned and minority ;1 businesses. .}.. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community ; Services Administration. 8.' Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. y r x, f f.n y 3 L� f ...t C CAWPOOMPROJECTWO stormwater project no 1.wpd .. January 14,1699 1° a f." 1 a 4 i .... 1 1 i ®RITY (BUSINESS UTILIZATION CO�IAMITMENT 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: Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and s 2. Whose management and daily business operations are controlled by one ' or more such individuals. "Minority Group Member"or"Minority'"means a person who is a citizen or lawful 'permanent resident of the United States, and who is: a t:i 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 b Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of Indian sub-continent, or the Pacific the Far East, Southeast Asia, the fic Islands); s 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); t --, 5. Member of other groups, or other individuals, found to be economically 3. and socially disadvantaged by the Small Business Administration under t Section 6(a)of the Small Business Act, as amended [15 U.S.C. 637(a)]. 6. A female person who requests to be considered as an MBE, and who k .. " herein."owns" and controls a business as defined he k 5x Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. h. std P 3 Jinmy 14.1999 C:IWPOOCS�PROJECT199 stomrwatw pro)ect no 1.wpd } ` ,lea ..-,..,..�-,-• h r 55 A 4x t wp i z The bidder must indicate the Minority Business Enterprises) proposed for ` utilimatim as Part of this contract as follows: Name and Addresses Nature of Dollar Value of g nority Fms Partici ation Prticipni o � , maw_ �f �d,99�•e� �.; Total Bid Amount: Total: A, 99S.G!� <t Percentage of Minority Enterprise Participation: � C. The bidder agrees to certify that the r--' �Y minority firm(s) engaged to provide materials or services in the completion of this project: (a)is a bona fide Minority Business Enterprise;and(b)has executed a binding contract to provide specific -� materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. i } Certification that the Minority Business Enterprise(s) has executed a bindingr contract with the bidder for materials or services should be provided to the MBE --� Coordinator at the time the bidder's contract is submitted to the MBE a Coordinator. Breach of this commitment constitutes a breach of the bidder's contract, if awarded. `1 D. The undersigned,hereby certified 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 SIGNATURE OF AU ORIZED OFFICER C:IWPOOCSIPROJE C7l99 atornwvater Pry no 1.wpd January 14.IM L t }t s 4 K S i _-. _ 1—�_ '., r ..:.. •.... ....sir ,5ta F , AFFIDAVIT p COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of personally came and appeared State of , p Y NAME POSITION of the <<a4 NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 5, Section 026, Cole County in carrying out the contract and work in connection with Project No.33039-Belair Drive; Project No. 33040 -Lola Drive; Project No. 33036 .Cole/Allen Drive; Project.No. 33034- Dwayne/Dean Drive, 1999 Stormwater Project No. 1 located at Jefferson City in Cole County, Missouri, and completed on the day of 19 j. i. x SIGNATURE Subscribed and sworn to me this day of . 19 " t NOTARY PUBLIC �r r t , F= M y commission expires: 'STATE OF MISSOURI Y )sS li COUNTY OF ) :: CAMOMPROJECTM stormwater project no 1.wpd January 14,1999 AU 4 } SµPY r�{. .. '. �y ••_ , a ; rt �r' missoun • t Dn-nsionbf or Stan d WAGE AND HOUR SECTION C t Mmccc o� DEPARTMENT OF PUBLIC WORKS MEL CARNAHAN Governor Annual Wage Order No.- 5 Section 026 COW COUNTY In accordance with Section 290.26 RSMo 1994, within thirty (30) days after a certifed copy `-"of this Annual Wage Order has been filed with the Secretary of State as indicated below, an 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 M 65102-0599. Such objections must set forth In writing the specific grounds of objection:Each objection shall certify that a copy has been furnished to the Division of tabor Standards, P.O. t Jefferson Ctty, MO.65102-044.9,•and to the party which requested this Annual Wage t Orderpursuant to 8_CSR 20.5.010(1).A certified copy of the Annual Wage Order has been flied 4 with the Secretary of State'of Missouri. , t i F i Ileen A. Baker, Director. vision of Labor Standards Piled With Secretary of States MAR 1Q Iast Date Objections May Be File+ 6 1998. SECI�E:TA Y O SATE s. �r= Ptr�epered by Mlasouri D+rparttrie it of Labor and Indtisb l RehWona { . S i , •.z y: raw+.•.,.•»3..•.�......r.,. ...,-.«�.,,,..,,_ ... ... .. .. .. .., .-..... __ - n ys 4 Building ConsWcton Rates for REPLACEMENT PAGE Section 026 COLE County lfeve s - OCCUPATIONAL TITLE Date of Hourly Tine Holiday Total Fringe Benefits Increase Rates Rates Rates Asbestos Workers $100 FED $0.45 Bollerrnakers 9/98 $22.08 57 7 $9.815 --� Brk:kla Stone Mason 9/98 $17.00 59 7 $4.50 Carpenters $16.53 60 7 $4.67 -? Cement Masons $18.04 9 3 $3.02 Electricians Inside Wireman $20.34 28 7 $5.70+13% - Communication TechnWans USE ELECTRICIANS INSIDE WIREMAN RATE Elevator Constrictors 7/98 a $25.995 26 54 $7.235 E sneers•Portable 6 Hoisting: Group 1 5/98 $20.12 86 3 $9.23 Group II 5/98 $20.12 86 3 $9.23 Group 111 5198 $18.87 86 3 $923 i Group III-A 5198 $20.12 86 3 $9.23 Group IV 5198 $20.82 86 3 $923 s Gmup V 5198 $22.12 86 3 $9.23 Pipe Fitters 6/98 b $24.75 91 3 $10.78 _ Glaziers $11.85 FED $1.03 Laborers Build i General $14.00 110 7 $4.70 t First Semiskilled $14.35 110 7 $4.70 Second Semi-Skilled $14.35 110 7 $4.70 i Lathers-Metal,Wood USE CARPENTERS RATE Linoleum La &Cutters USE CARPENTERS RATE Marble Masons 9/98 $17.00 59 7 $4:50 Millwrights 1 $17.53 60 7 $4.67 7 Iron Workers 8198 $17.92 11 8 $9.67 Painters 4198 $17.00 18 7 $1.32 Plasterers $17.11 94 5 $2.96 Plumbers $20.00 FED r,' f Paepnvers $17.53 60 7 $4.67 Roofers 9198 $20.10 12 4 $5.14 Street Metal Workers 7198 $19.55 40 23 $722 --t Sprinkler Fitters $12.50 FED ! Terrazzo Workers 9198 $17.00 59 7 $4.50 J Tie Setters 9198 $17.00 59 7 $4.50 Truck Drivers-Teamsters 6 Group 1 $15.90 101 5 $3.50 i Group II $16.60 101 5 $3.50 Group III $16.30 101 5 $3.50 Gip IV $16.60 101 5 $3,50 Traffic Control Service Driver $12.90 48 49 $2.04 Well USE BLDG CONST.ENGINEER GROUP II RATE Welders-Acetylene&Electric • # y. Fringe Benefit Percentage Is of the Basic Hourly Rate "Annual lncrementallncrease *SEE FOOTNOTE PAGE ANNUAL WAGE OPMER No.5 aye s 1 Building Construction Rates for REPLACEMENT PAGE Section 026 p COLE County Footnotes +` ec ve as c er OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates } 1 r f i "I } t 1 —' Welders receive rate prescribed for craft performing operation to which welding is incidental. r Use Building Construction Rates on Building(s)and All Immediate Attachments. Use Heavy Construction —''mss for remainder of project. For crafts not listed in Heavy Construction Sheets, use Rates shown j ;3uilding Construction Rate Sheet. fMa-Vacation: Employees over 5 years-8%; Employees under 5 years-6% 2b- 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. kt f r � r x t kr � 'Annual Incremental Increase ANNUAL WAGE ORDER NO.5 7/98;:, V ,y`j.s ° • .w„a�av" s,pew.e: ,a..v,,,.. .4 ..l ...... - - .... .,. ,`,' f�{ r i COLE COUNTY OVERTIME RATES - BUILDING CONSTRUCTION % ,( OVERTIME RATES ARE REQUIRED TO BE'PAID FOR WORK PERFORMED OUTSIDE THE NORMAL -'`CORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. FED: Minimum requirement per Fair Labor. Standards Act means time and one-half(1 Y2) shall be paid for'all M work in excess of forty(40)hours per work week. 7 NO. 9: Eight (8) hours shall constitute 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 be'compensated at one and one-half(I Y2) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week for the cement masons is Monday through Friday,except for midweek holidays. 1 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 Y2 shall be aid for fast two 2 hours Monday throw Friday and the first eight 8 hours on � yI ) P � ( ) Y � Y � ( ) ` ! - Saturday. All other overtime hours Monday through Saturday shall be paid at double(2) time rate. Double (2)" ' time shall be aid for all time on Sunda and recd holidays days y paid y recognized holida or the da observed in lieu of these holidays. —' NO. 12: Means the work week shall commence on Monday at 12:01 am. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty (40) lhours in one (1) work week, shall be paid for at the rate of one and one-half(1 Ys) times the regular hourly wage T' ! scale. When a holiday falls during the regular work week, all work performed by employees anywhere in excess f thirty-two (32) hours during one(1) work week shall be paid for at the rate of one and one-half(I Y2) times the Igular hourly wage scale. All.work performed within the regular working hours which shall consist of a ten (10) gour work day except,in emergency situations. Overtime work and Saturday work shall be paid at one and one- :.` "? hall'(1 Y2) 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(1 YS). Saturday work will be paid at time&one-half(1 Y2). Sunday and recognized holidays shall be paid at double(2)time even if the , holiday falls on Saturday. Saturday can be a make-up day, if needed, at straight time pay (provided it is not a r holiday). J NO.26: Means a regular working day shall consist of eight(8)hours, between 7:00 a.m. and 5:00 p.m. five(5) : ,days eek, Monda to Friday,ys per y y,:inclusive. Work performed on Saturdays, Sundays and before and after the rep, day on Monday to,Friday, inclusive, shall be classed as overtime, and paid for at double(2) the Y,r rate of single time. Holidays shall be paid at the double(2)time rate of pay. } t _ Awsosb.or' ANNUAL WAGE ORDER NO PAGE 101:5 Pncrs Cli C t s Tau l.s. t .mfr ..... ..»...�.'...-�..._.........,..�..........._......._............_....r.................. . '.... ..... ...,., .. ,. .. .__........__....... .....,... .__._....... ....».........-___. 7 COLE COUNTY OVERTIME RATES'BUILDING CONSTRUCTION OVERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL WORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. ei ht 8 hours between 7:00 am. and 5:30 p.m. shall constitute a day's work tive: (5) days .� N0. 28. Means g ( ) week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten(10)hour days(4-19s)provided: J The project must be for a minimum of four(4)consecutive days. -Starting time may be within one(1)hour either side of 8:00 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 appropri ate overtime rate. .� AI!work outside of the-re 8:(X1 am. working hours as provided,Monday through Saturday,shall be paid at one&ane- f(1'/:)times the employee's regular rate of pay. All work performed from 12:00 am. Sunday through recognized holidays shall be paid at double(2)the straight time hourly rate of pay. Monday and NO. 40: Means the re five (5) consecutive (8) hour days' latyor an the job gular working week shall consist of beginning.with Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular work week. The regular working day shall consist of eight (8) hours labor on the job beginning as early as 7:00 am. and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours -� in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half(l Y2) the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two (2) times the regular hourly rate. In the event of rain, snow,cold or excessively windy weather on a regular working day, Saturday may be designated as a"make-up" day. Saturday may also be designated as a„make-up 1 be atfre afar ra rates. <' who has missed a day of work for personal or other reasons. Pay for"make-up" days shall• regular f the laxi scheduled work week shall be five(5)consecutive days,Monday through Friday or <. 48: Means Y � NO. � Tuesday through Saturday. Eight(8)hours shall constitute a day's work. Starting time for the first shift shall not be earlier than 7:00 a.m.no later than 10:00 am. Forty(40)hours shall constitute a week's work. Overtime at the ' rate of time and one-half(1'h)will be paid for all work in excess of forty(40)hours in any one work week.On the [ y through Friday schedule,all work performed on Saturday will be time-and one-half(1%:) unless time has Y} been lost during the week, in which case Saturday wiL be a make up day to the extent of the lost time. On the io schedule, all work performed on Monday.will be time and one-half(1%) unless time Tuesday through Saturday to the extent of the lost the week, in which case Monday will be a make-up y time. Any has been lost during work perfornned on Sunday will be double (2) time. If employees work on any of the recognized holidays they . d time and one-half(1'h) their regular rate of pay for all hours worked, in addition to their regular shall be'pat holiday pay ex t or ANNUAL WAGE ORDER NO. S PAGE s ur s r�ur s , AW50260r, , COLE COUNTY OVERTIME RATES -BUILDING CONSTRUCTION OVERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL WORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE. ' NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday to _J Friday inclusive, shall constitute a week's work. The.regular starting time shall be 8:00 a.m. When circumstances warrant, the contractor may change the regular workweek to four(4)ten-hour shifts at the regular straight time rate of pay. The first two (2) hours 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%2). All time worked in excess of ten(10) hours, Monday through Friday and eight(8)hours on Saturday and all time worked 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 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%2). All time worked on Sunday and holidays shall be classified as overtime and paid at the s 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 i (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job is .' _ down for ony reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the ' } Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forty When the five day (8) hour work week is in effec forty (tut hours per week. t, rty (40) hours per week shall constitute a weeks work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time n P Y g of to exceed eight (8)hours or forty(40)hours per week. NO. 60: Means 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(1'r2) the hourly rate Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented fiom working forty through Friday,or any part thereof by reason of inclement weather(rain o mud), Saturday or any) art thereof day Y P 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 I0-hour days and loses a day due to inclement weather, he may work ten (10) hours on Friday at straight time. Friday must be scheduled for no ` more than ten (10) hours at the straight time rate, but all hours worked over the forty t rty(40) hours Monday through i Friday will be paid at time and one-half(1%) the overtime rate. All Millwright work performed in excess of the ' regular.wrk day and on Saturday shall be compensated for at time and one-half (1%2) the regular Millwright rate. 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 9:00 am. All work accomplished on Saturdays and holidays, or days observed as I . holidays,shall be compensated for at double(2)the regular rate of wages for carpenters. NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday,Y� innin g gat 8:0() am, and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and �alf(1 h)the hourly All 4 Y rate. work performed on Sundays and holidays shall be paid at double(2) the hourly }ate: i Aws026.or ANNUAL WAGE ORDER NO. 5 PAGE S OF S PACr:S ' x s i, COLE COUNTY OVERTIME RATES-BUILDING CONSTRUCTION OVERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFORMED OUTSIDE THE NORMAL E RATE. WORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME r � + NO. 87: Means eight(8) hours starting between 7:00 am. and 4:30 p.m. shall constitute a days work. Five(5) days form Monday through 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 double(2)time. Holidays shall be paid at the double(2) time rate of pay. NO. 91: Means eight (8) hours shall constitute a day's work in a time frame beginning as early as 7:00 am. and ending as late as 5:30 p.m. The work week shall be forty(40)hours beginning Monday as early as 7:00 a.m. and ending Friday at 5:30 p.m. Employees shall receive double(2)time for over eight (8) hours in a work day or for i over forty 40 hours in a work week from Monday through Friday. Saturdays, Sundays and recognized holidays shall be paid at the double(2)time rate of pay. NO. 94: Eight(8) hours shall constitute 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 be compensated at one and one-half(I%s)times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101:• Means eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work, which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and.one-half'(1'/:) (except as herein provided). All time worked on Sunday and recognized holidays shall be paid at the rate of -- 1 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 am.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employee's J control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forty(40) hours per week. All work over ten (10) hours in one day or forty (40)hours in a 4-10's work week shall be paid at the overtime rate of time and one-half(1%). When using a five ' --S (5)day eight(8)hour work week,and the job is down for any reason beyond the Employees control,then Saturday _ may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8),hours or ` forty(40)hours per week. 7 r i p z nws026.or ANNUAL WAGE ORDER NO. S Nnc;r. 4 OF s Nndrs t I k .. .. .. �.. .. .. . : . . ' , . . . `� " .. Y COLE COUNTY OVERTIME RATES -BUILDING CONSTRUCTION `,, . . > OVERTIME RATES ARE REQUIRED TO BE PAID FOR WORK PERFdRMED OUTSIDE THE NORMAL L'-! ` WORK DAY ONLY WHEN SPECIFICALLY INDICATED IN THE APPLICABLE OVERTIME RATE- I I 5. Wt : I. • -' O. 110: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. The 1 1 I work week shall commence at 8:00 am. on Monday and shall end at 4:30 p.m. on Friday. All work performed on 'I Saturda ,exce t as herein rovid Y P p ed,shall be compensated atone and one-half(1/_)times the regular hourly rats of pay for the week performed. All work performed on Sunday and on recognized holidays shall be compensated at ;: double(2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty 4 (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain and mud), Saturday "'_I or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the o lion __1 P of working five eight (8) hour days or four ten (10) hour days Monday through Friday. if an Employer elects to _"'1° work five (5) eight (8) hour days during any work week, hours worked more than ei t 8 er da or fo 40 OP Y rtY ( ) hour per week shall be paid at time and one-half(1%Y) the hourly rate Monday through Friday. If an Employer _. I. elects to work four(4)ten(10) hour days in any week, work performed more than ten (10)hours da or fort Pa Y Y (40) hours per week shall tie paid at time and one-half(1%) the hourly rate Monday through Friday. If an `'' I Employer is working ten(10)hour days and loses a day due to inclement weather th ma work ten eY y (10) hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(I 0)hours at the }z ; strdight time rate, but all hours worked over the forty(40) hours Monday through Friday will be paid at time and aic-half(1%,)overtime rate. . - . . t . — , _ . . . .i ,t . . . r 3 .'.a t . . I .. iv . .' a; ?, C /3`. I C..( { f d '.h. q{ . t � a. /� ! t �'' 4C r. K ' `�' " i W j 4y {{ ! S I�,!I 7,"1 1,�1'I I,�,��.�'%I��_�,4;1�-.''.I��..:�;..;�:1:-.I..I�!,�.I",1�":,,..-�I 1:�I'-I.,.�,,�I."1��.���`-.,I''.,I:;,­I.�:�"��;I­��'.�I.-I.I I.'­I.�I��'��I,,�:.-I',4*I�.I I,.1".,I:I,)'.��i--.-'-�,-��"�:1';5"1 I I.7,,-1:­.I,�I-:,'��."I�'�..I I I I)I 4.,.-��1�',�...I­,.I'-_I'I I,�:""��I,'��-*.,I'���,."I�::,�7-I I" I-, . s A'. . -.+I f! 2, . { .:; 3 AWUr6.c�1 AN UAL WAGE ORDER NO. 5 t� } PA : S OF S PAQFS �"_ ' t .' ` t ¢ a,.,...,.. z.ti.,... .,...,� ....t�e. rr 'Z`t i �,2 t s ' k a 'E } y a ly{Ay ti CEC .. s Y . ! _ t ? iC7r tY , :J ): ,. c 1 COLE COUNTY .4, HOLIDAY RATE SCHEDULE-BUILDING CONSTRUCTION work done on New Year's Day,Decoration Day,July 4th,Labor Day.Veteran's Day,Thanksgiving Day and Christmas ley paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be oty, as a iday. i NO.4:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving and Christmas Day shall be ! paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holiday. If i all on Saturday,Friday will be observed as the recognized holiday. any of the above holidays f r NO.S: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence Day(Fourth of July),Labor Day. I 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 Saturday.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 lb 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'/2). NO.7:All work done on New Yeaea Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday,it shall be observed on the Monday. If a holiday falls on a Saturday,it shall be observed on the preceding Friday. --i. NO.ft:All work dome an New Year's Day,Memorial Day,Independence Day.Labor Day,Veteran's Day,Thanksgiving Day,and i Christmas,or days observed at such,shall be paid at the double time rate of pay. f NO.23:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, Christmas Tray and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on i Sunday,the following Monday shall be considered a holiday. ,0.31:All work done on New Year's Day,Washington's Birthday,Memorial Day,Fourth of July,Labor Day,Columbus Day. _'__,ctcran's Day,Thanksgiving Day,Friday after Thanksgiving Day,Christmas Day,and Employee's Birthday shall be paid at the drnihlc time rate of pay. Ira holiday falls on Sunday,the following Monday will be observed as the recognized holiday. If a holiday falls on Saturday.the preceding Friday will be observed as the recognized holiday. N0.49:The following days shall be observed as legal holidays and employers will receive eight(8)hours'pay at regular straight time ' hourly rate for each of these holidays: New Year's Day,Decoration Day,July 4th,Labor Day,Thanksgiving Day,Christmas Day, Employee's birthday and two(2)personal days. The observance of one(1)of the personal days to be limited to the time between - December I and March 1 of the following year. If any of these holidays fall on Sunday,the following Monday will be observed as the holiday and if any of these holidays fall on Saturday,the preceding Friday will be observed as the holiday. If employees work on any of G Yew holidays they shall be paid time&one-half(I%)their regular rate of pay for all hours worked. No .54:All work dome on New Year's,Memorial Day,Independence Day,Labor Day,Thanksgiving[ray,the Friday after ! 7 hanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday.it shall 11%.- observed on Saturday. When a holiday fails on Sunday,it shall be observed on Monday. ; L i 'E r �`z y w , AWIS026.NDY ANNUAL WAGE ORDER NO.S f p t 1 t Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County *Effective Basic over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates CARPENTERS Journeymen 5/98 $21.13 7 5 $5.15 Millwrights 5/98 $21.13 7 5 $5.15 Pile Driver Worker _ 5/98 $21.13 7 5 $5.15 OPERATING ENGINEERS Group 1 5/98 $19.20 5 5 $9.20 Group 11 5198 $18.85 5 5 $9.20 Group 111 5/98 $18.65 5 5 $9.20 Group IV 5/98 $15.00 5 5 $9.20 Oiler-Driver 5198 $15.00 5 5 $9.20 i LABORERS - i General Laborers 5/98 $18.30 2 4 $5.30 Skilled Laborers 5/98 $18.90 2 4 $5.30 TRUCK DRIVERS-TEAMSTERS UPI 5/98 $19.22 2 4 $4.75 ' Group 11 5/98 $19.38 2 4 ' $4.75 Group 111 5/98 $19.37 2 4 $4.75 ' Group IV 5/98 $19.49 2 4 $4.75 1 i . JJ {' `Annual Incremental Increase ANNUAL WAGE ORDER N0. 5 7/98 t 1 ' OVERTIME RATE SCHEDULE - HHAW CONSTRUCTION � NO. 1: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Projects may be worked on the basis of a ten (10) hour per day, four (4) days a week schedule (Monday through Thursday). All hours worked over ten (10) hours per day or forty (40) hours per week shall be paid at time & one-half(I%). There are no provisions for make-up days on Friday or Saturday,work on these days will be paid at time and one- , half (I h). On projects working five (5) day, eight (8) hour schedules (Monday through Friday), there is a provision called"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) j hours"provision. The Employer can work the carpenter employees up to ten (10) hours per day at straight time, until the employee reaches forty (40)hours in that week. Any time worked over the daily, make-up schedule(9 or 10 hours per day) and forty (40) hours per week, would be paid at time & one-half(1%). The ability of the j Employer to aher their work 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 by the expanded daily work hours. Time& one-half(1%) shall be paid for work performed on Saturdays. Double (2) time shall be paid for work performed on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (8) hours toward a forty (40) hour work week,then all work performed over and above 32 hours in that week would be paid at the rate of time& one-half(I h). NO.2: Means a regular work week of forty(40)hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate to complete forty(40)hours of work in a week. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. -Time & one-half(1'/z) shall be paid for all hours in excess of eight (8) hours per day (if working 5-8's) or ten (10) hours per day (if working 4-10's), or forty (40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete forty hours),time and one-half(I VS) 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 consist of not more than forty(40) hours of work and all work performed ..1 over and above ten (10) hours per day and forty (40) hours per week shall be paid at the ratg of time & one-half ,J (I%). Workers shall receive time and one-half(1'h)for all work performed on Sundays and recognized holidays. Where one of the holidays falls or is observed during the work week, then all work performed over and above thirty-two(32)hours shall be paid at time and one-half(I%). NO. 4: Means a regular work week shall 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 F paid at the rate of time&one-half(I h). Workmen shall receive time and one-half(I h) for all work performed on Sundays. NO. 5: Means a regular work week may be Monday through Thursday (if working 4-10's) or Monday through Friday (if working 5-8's). Time & one-half(1%) is paid when working in excess of ten (10) hours per day (if working 4-10's) and on Friday& Saturday unless Friday and/or Saturday is used as a make-up day. Tirne & one- half(1%2) is paid when working in excess of eight (8) hours per day (if working 5-8's), and on Saturday unless I :.. Saturday is used as a make-up day. All Sunday work shall receive double(2)time pay. i ANNUAL WAGE ORDER NO. 5 3As t . A j . 'tom s OVERTIME RATE SCHEDULE— - HEAV Y COAISTROCTTON -; NO.6: Means eight(8)hours shall constitute the regular work day and forty(40)hours a work week,Monday r through Friday. The Employer shall establish the starting time between 7:00 a.m. and 9:00 a.m. Time and one- ­``}ialf 0 h)shall be paid for work performed on a regular work day before the regular startin time and after the :,regular quitting time. Double(2)time shall be paid for work performed on Sunday and holidays. At the discretion of the Employer,Saturday can be used for a make-up day. The Employer when working on highway i - and road work 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 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. j ' NO.7: Means the regular work week shall start on Monday and end on Friday,except where the Employer s elects to work Monday through Thursday, ten (10)hours per day. All work over ten(10)hours in a day or forty I (40)hours in a week shall be at the overtime rate of one and one-half(1'/2)times the regular hourly rate. The ( regular work day shall be either eight(8) or ten (10)hours. Ifa job can't work forty(40)hours Monday through j — Friday because of inclement weather or other conditions beyond the control of the Employer,Friday or Saturday x may be worked as a make-up day at straight time(if working 4-10's). Saturday maybe worked as a make-up 4 �" 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 (I%) shall be paid fdr work performed in excess of eight (8) hours on any regular workday. An Employer may have the option to schedule his workweek 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 at the applicable overtime rate of —'� time and one-half(1%2). If an 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. Ho,%vever,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 his forty (40) hours. Time and one-half i — (1%) shall be paid for work performed on Saturdays. Double (2) time shall be paid for work performed on Sundays and recognized holidays. NO. 9: Means 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 week will be paid at time and one-half(1%s)Tate. Work may be r scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such "y schedule is employed,then Friday may be used as a make-up day when time is lost due to inclement weather. All work over ten (10) hours a day or over forty (40) hours a week must be paid at time and one-half(1%). If an i Employer has started the work week on a five-day, eight-hours a day schedule, and due to inclement weather misses any time,then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of 1 � - day). All work performed on Saturday shall be = , that work week m order to make up the lost time(10-hour make-up y) p Y _} paid at time and one-half(1%). Double (2) time shall be paid for all time worked on Sundays and recognized t holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as tight 8 hours towards a forty 40 hour work week,then all work performed over and above thirty-two (32)hours gh ( ) rtY( ) P in that week would be paid at the rate of time& one-half(1 h). n.:oi�ws AANVUAL WAGE ORDER NO. S 3.9a fi } � r J OVERTIME RATE SCHEDULE - HEAVY CONSTRUCTION NO. 10: Means the regular work week shall consist of five 8-hour days,Monday through Friday. The Employer 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)hours. All necessary overtime and work performed on Saturday,shall be paid at time and one-half(1%2) the hourly rate. Work performed on Sundays and Holidays shall be paid at double(2)the hourly rate. j NO. 11: Means the regular work day shall consist of eight(8) hours that shall begin between the hours of 7:00 am. and 8:00 am.,Monday through Friday. The Employer may 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 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%2)shall be paid for all overtime hours worked during the week,Monday through Friday, and for all work performed on Saturday. Double time 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 performed 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 h). Workers shall receive time and one-half(1%2) for all work performed on recognized holidays. _J Where one of the holidays falls or is observed during the work week,then all work performed over and above thirty-two(32)hours shall be paid at time and one-half(1%2). ` NO. 13: Means that time and one-half(1%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 Saturday shall be paid at the double(2)time rate. Double(2)time is also paid for Sundays and holidays. NO. 14: Means(8)hours shall constitute the regular workday with start ing time as early as 6:30 a.m. Employees shall be paid one and one-half(I%)time the regular rate of wages for all hours worked in excess of eight(8)hours per day of a work week which is to begin on Monday. Time and one-half(I%2) shall be paid for Saturday work. Double(2)time shall be paid for all Sundays and recognized holidays. NO.15: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 am.and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1%2)the hourly rate. All work performed on Sundays and holidays shall be paid at double(2)the hourly rate. - NO.16: Means eight(8)hours shall constitute the regular work day,between the hours of 6:30 am. 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- hour days. The Employer may have the option to schedule his work week from Monday F t y 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 from Monday through Thursday and is stopped due to inclement weather(rain,snow, sleet falling)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)hours. Time and one-half(1%)shall be paid for work performed in excess of eight(8)hours in an 8- hour workweek day,or in excess often 10-hours in a 10-hour work day,or outside the hours limiting a regular work day,Monday through Friday. Time and one-half(1%2)shall be paid for work performed on Saturdays. Double(2)time shall be paid for work performed on Sundays and holidays. 'N r hVY048W5 ANNUAL WAGE ORDER NO. 5 } OVERTIME RATE SCHEDULE - HEAVY CONSTRQCTIODT -- NO. 17: Means eight(8)hours shall constitute the regular work day and forty(40)hours a work week,Monday through Friday. The Employer shall establish the starting time between 6:30 am.and 9:00 a.m. Time'and one- ' half(I%)shall be paid after eight(8)consecutive hours worked after the!established starting time and for hours 4 - ' worked before the established starting time. 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 Road Work 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 t all hours in excess of ten(10)hours in 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 falling), the Employer shall have the option to work Friday at the straight time rate of pay to complete the forty (40)hours. NO. 18: Means a regular work week shall consist of not more than forty(40)hours of work and all work { performed over and above eight(8)hours per day and forty(40)hours per week shall be paid at the rate of time and one-half (1%). Workmen shall receive time and one-half(1%s)for all work perfonmed on Sundays and holidays. A work day is.to begin between 6:00 am. 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. k NO. 19: Means the standard work day shall consist of eight(8)hours of work scheduled between 7:00 a.m. and j 5:00 p.m. from Monday to Friday, inclusive. All hours worked in excess of eight(8)hours per day, forty(40) l hours per week,Monday through Saturday shall be paid at the time avid one-half(1'/z)rate of regular hourly rate, except as provided elsewhere. All work performed on Sundays and recognized holidays shall be paid at `} the 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(1%)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 i 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)hours 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 shall be forty(40)hours,Monday through Friday. Any work in t excess of forty(40)hours in one week shall be paid at the applicable overtime rate. At the Employer's option !` the work can.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%:).shall be paid for the fast t two(2)hours of overtime work on any regular work day and any work performed before regular starting time r4 711 and 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 ten(10)hours on Saturday and all work performed on Sunday and recognized holidays r shall be double(2)time. . bvyaaws . ANNUAL WAGE ORDER NO. 5 3/98 ..ZU i _ _ H HOLIDAY RA 7CE SCHEDULE-HEAVY CONSTRUCTION No t fi 1: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, r Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. When any of these holidays fall on Sunday, the Monday following shall be observed as 'such holiday. No. 2: All work performed on New Year's Day, Decoration Day (Memorial Day), Independence 3 Day (Fourth of July), Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, { shall be paid at the rate of time and one-half(1%,). When a holiday falls on Saturday, Friday shall i be observed. When a holiday falls on Sunday, Monday shall be observed. No work shall be performed on Labor Day except to save life or property. Where one of the holidays specified 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 the rate of time and one-half(1%). -, No. 3: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. ( When a holiday falls during the normal work week,Monday through Friday, it shall be counted as € eight(8)hours toward the forty(40)hour week; however,no reimbursement for this eight(8)hours 5 is to be paid to the workmen unless worked. If workmen are required to work the above enumerated holidays,or days observed as such, they shall receive time&one-half (1%,)the regular `- rate of pay for such work. No 4: ' All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, :.. Thanksgiving Day, Christmas Da y, , or days observed as such, shall be paid at the double time rate -� of pay. When a holiday falls on a Sunday,Monday shall be observed. No.5: All work performed on New Year's 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 O holiday falls on a observed. When a holiday falls on a Sunday,Monday shall be observed No work shall be be performed on Labor except to save life or property. Where one of the holidays specified falls or is observed during the work week,then all work performed over and E P above thirty-two(32)hours in } that week shall be paid at the rate of time and one-half(1%2), j 1 Noe.6: All work done on New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day,Thanksgiving and Christmas shall be compensated at the double(2)time rate of pay. When a' holiday, on Saturday, it shall not be observed on either the previous Friday or,the following. . t . Ivionday. Such days shall be a regular workday. If such a holiday occurs on Sunday, it shall;be.. . `. observed on the following Monday. No work shall be performed on Labor Day. 7 t x i aolidl,y.w ANNUAL WAGE ORDER NO. S r 3/98 J 4 j y. _ , _t HOLIDAY RATE SCHEDULE-HEAVY("ONS't'Rttc•r No. 7: All work done on New Years Day, Memorial Day, Thanksgiving Day and Veteran's Day shall be aid at the double t' 5 P time rate of pay. No work shall be done on Christmas Day, Fourth of July or Labor Day. When any of the above holidays fall on Sunday,the following Monda . . J g y shall be observed as such holiday. If a holiday falls on Saturday, it shall not be considered to be observed on the previous Friday or following Monday, Such days shall be regular workdays. T NO. 8: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, s an Day,Veteran's Da Thanksgiving Da and g g Y 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 1` be observed as such holiday. -:i NO. 9: All work done on New Year's Day, Decoration Day, July 41, Labor Day, Veteran's Day, s Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any ( such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.*10: AlI work done on New Year's Day,Memorial Day,Fourth of July, Labor Day, Veteran's r 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 1 Monday. Such days shall be regular work days. If such a holiday occurs on Sunday, it shall be. observed on the following Monday. NO. 11: Means all work performed on New Year's Day, Memorial Day, Fourth of July, Labor, ' Day,Veterans Da y,Thanksgiving Day,Christmas Day, and any additional holidays which may be mutually agreed upon shall be paid at the double (2) time rate of pa . Whenever an such falls on a Sunday,the following Monday shall be recd y Y holiday recognized and observed as the holiday. .. NQ. 12: All work performed on New Year's Day,Decoration Day,Independence Day,Labor Day, Thanksgiving Day, and Christmas Day, or days observed as such, shall be paid at the rate of time and one-half(1 h). No work shall be performed on Labor Day,except in case of jeopardy to life or property. This rule is applied to protect Labor Day. When one of the above holidays falls on a Yf Saturday,the preceding Friday shall be observed;when the holiday falls on a Sunday,-the following ' }- Monday shall be observed Where one of the specified holidays falls or is observed during the P 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 f. F� NO. 13: All work erformed on recognized gnized holidays shall be paid at the double (2),time rate of pay. No.work shall be performed on Labor Day except to save life or property. The following t holidays shall be observed: New Year's Day,Memorial Day,Fourth of July,Labor Day,,Veteran's Day,'ta be observed November 11 (or a mutually agreed date of the Friday after Thanksgiving if agreed by other crafts working.on project), Thanksgiving Day and Christmas Day. Any holiday, which occurs on a Sunday shallbe observed the following Monday. .. r Hott�yy�ws ANNUAL WAGE ORDER NO.5 Q .: • .. { :t E 4 I Ji OUTSIDE EL CTRICI_.a►NS These rates are to be used in the following counties. a Adair,Audrain,Bekne,Callaway,Camden, Carter,Chariton,Clark,Cole,Cooper,Crawford, Dent,Franklin,Gasconade,Howard,Howell,Iron,Jefferson,Knox Lewis ' a � ,Lincoln,Linn, Macon,Maries,Marion,Miller,Moniteau,Monroe,Montgomery,Morgan,Oregon,Osage, Perry,Phelps,Pike,Pulaski,Putnam,Ralls,Randolph,Reynolds,Ripley, St. Charles, St. Francois, St. Louis City, St. Louis County, Ste. Genevieve, Schuyler, Scotland, Shannon; Shelby, Sullivan,Texas,Warren, and Washington COMMERCIAL WORK Occupational Title Effective Basic Total Date of Hourly 3 Y Fringe { t Increase Rate Benefits *Journeyman Lineman 9/98 $24.42 $200+41% ? ( *Lineman Operator 9/98 . $21.87 $2.00+41% *Groundman 9/98 $17.31 $2.00+41% f , i UTILITY WORK ` Occupational Title Effective Basic Total } r r ! Date of Hourly Fringe ' Frin e Increase Rate Benefi ts ts f� 1 *Journeyman Lineman 9/98 $23.99 $2.00+35% *Lineman Operator 9/98 $20.70 $2.00+35% !' ! *Gmundman 9/98 $16.02 $2.00+'35% , ` OVERTIME RATE: Eight(8)hours shall constitute a work day be the hours of 7:00 a.m: z and 4:30 p.m. Forty(40)hours within five(5)days,Monday throw Friday y inclusive,shall constitute the work week. Work performed in the 9th and 10th hour,Monday through Friday, shall be paid at time and one-half(1 the regular straight time rate of pay: Contractor has the . option to a two 2 hours , r pay O per day at the time and one-half(1 h)the regular straight time rate-of p pay between the hours of 6:00 am. and 5:30 p.m.,Monday through Friday. Work performed 4 outside the regularly scheduled working hours and on Saturdays, Sundays and recognized legal ' p ts: holidays,or days celebrated as such,shall be paid for at the rate of double(2)time: t HOLIDAY RATE: All work performed on New Year's Day,Memorial Da ,Fourth of Jul Y Y Labor Day,Veteran's Day,Thanksgivin Da Chris ' ' 8 tmas Da Y ord be paid at.the double time rate of y' days celebrated such,shall .af pay. When one of the foregoing holidays falls on Sunday;it shall be delebrated on the following Monday. y " *Annual Incremental< ntal Increase , ! AwsoanMin3 ANNUAL WAGE ORDER NO.S 9/'98 jY?i L~X C s c x �4 i f AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as -, by 2. That was awarded a public works f contract for Project No. Project No. 33039 - Belair Drive; Project No. 1 33040-Lola Drive; Project No. 33036 -Cole/Allen Drive; Project No. 33034- Dwayne/Dean Drive, 1999 Stormwater Project No. 1. 3. That I have read and am familiar with Section 290.290 RSMo (1993 , (( Supp.) an act relating to public works contracts, which impose certain 1 requirements upon contractors and subcontractors engaged in a public k works construction project in the State of Missouri. 4. That has fully complied with the 5 provisions and requirements of Section 290.290 RSMo (1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. ` AFFIANT ; E Subscribed and sworn to before me this day of , 19 k i f ` # NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) } )ss .. COUNTY OF CAWPDOCSPROJECTM stormwater project no 1.wpd Jan Y uary 14,1999. rid r ? EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public works contract for Project No.Project No.33039-Belair Drive; Project No. 33040 -Lola Drive; Project No. 33036 -Cole/Allen Drive; Project s No. 33034 - Dwayne/Dean Drive, 1999 Stormwater Project No. 1. �t 3. That I have read and am familiar with Section 290.290 RSMo (1993 Supp.) an act relating to public works contracts, which impose certain ?: s requirements upon contractors and subcontractors engaged in a public :. works construction project in the State of Missouri. 4. Although there is a eriod of excessive unemployment in the State of P Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or . : improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable of performing 4 , FURTHER AFFIANT SAYETH NAUGHT. t AFFIANT Subscribed and sworn to before me s a ; } f this day of , 19 5 NOTARY PUBLIC nr My.Commission.Expires: APPROVED BY: t a. .. DIRECTOR OF PUBLIC WORKS, CITY OF JEFFERSON, MO. C:IWPDOOSTROJECTW9 stormwater project no 1.wpd January 14, 1899 � 1 i c z i CONSTRUCTION CONTRACT y THIS CONTRACT made and entered into this JJ_day of , 1999, by and between Aplex, Inc. hereinafter called Contractor , and the City of Jefferson, ` Missouri, a municipal corporation, hereinafter called "City". f WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No.33039 -Belair Drive; Project No.33040 -Lola Drive; Project No. 33036 Cole/Allen Drive; Project No. 33034 - J Dwayne/Dean Drive, 1999 Stormwater Project No. 1. NOW THEREFORE, the parties to this contract agree to the following: x 1. Manner and time for Completion The Contractor agrees With the City to fi furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform, said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, "'� within sixty(60)working days 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 .,�. of this contract. 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be p aid a wage of no less than the"prevailing hourly rate of wages" t '' for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the j- current Annual Wage Order No. 5, Section 026, Cole County in which the rate of rf E , wages is set forth. The Contractor further agrees that Contractor will keep an accurate ate , P record showing the names and occupations of all workmen employed in wnnection Y, with the work to be performed under the terms of this contract. The.record shall show 3' t the actual wages paid to the workmen in connection with the work to be erformed under the terms of this contract. A copy,of the record shall be delivered to the Director of Public Works each week. In accordance with Section'290.250 RSMo' Contractor x shall forfeit to the .City Ten.Dollars ($10.00) for each workman em to P Yed, for each,: calendar day or portion thereof that the workman is paid less than the stipulated.rates ' for any work done under this contract, by the Contractor or any subcontractor under the ' Contractor. r` w CAWPOOMPROJEC R99,stormwater project no 1.wpd t February,1o,1999 E , j . r V,7 F i � r E j i j i i i F x 3. Insurance. Contractor shall procure and maintain at Its own expense during the life of this contract: i (a) Workmen's Compensation Insurance for all of its employees to be {-+ engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single 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., and Contractor's Property Damage Insurance in an amount not less than$1,000,000 for all a claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) Automobile 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. `lty t. I (d) Owner's Protective Liability Insurance -The Contractor shall also obtain f 3 at its own expense and deliver to the City an Owner's Protective Liability Insurance f 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. If No policy will be accepted which excludes liability for damage to underground structures orb of blasting,Y reason explosion or collapse. }. (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scone of Insurance and Special Hazard The insurance required under Sub-paragraphs(b)and (c)hereof shall provide adequate protection for the Contractor f f and its subcontractors, respectively, against damage claims which may arise from . operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may, be encountered in.the performance of this contract. i Ik ;r .. C:IWPOOMPROJECTW9 stormwater project no 1.wpd '> February 1l),1999,. s z ti I a C �(Ij c 1 ' NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations --} by anyone directly or indirectly employed by the Contractor. 4. Contractor's Responsibility f� or Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to --� bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any s subcontractors. --i 5. Liquidated Damages The Director of Public Works may deduct$500 from any i amount otherwise due under this contract for every calendar day the Contractor fails Y: 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 P by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 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 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 ' t' receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or erform provisions of the contract. p any E F i ' 7. City's Right to Proceed In the event this contract is terminated pursuant to Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to • ' ''`' the City for any costs over the amount Of this contract thereby occasioned by the Cit Y. CAWPnOCS1PROJEC1199 stormwater project no 1.wpd February 10,1999 t i In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the w necessary for completion of the work. The foregoing y ork site and are ry p provisions are in addition to, and not in limitation of,the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City " fy v 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. :I 9. Payment for Labor and Materials The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to ` be completed pursuant to this contract. Contractor shall furnish to the City a bond to ' insure the payment of all materials and labor used in the performance of this contract. 10. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out 3 in Section 144.062 RSMo 1986 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 11. Payment. The City hereby agrees to pay the Contractor for the work done :t ? pursuant to this contract according to the payment schedule set forth in the Contract 77 Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated ' t Tuesday, February 2, 1999 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or .;: . materials furnished hereunder. The total amount of this contract shall not exceed One hundred seventy thousand two-hundred fifty-six and 20/100 Dollars (5170,256.20). � r � 12 Contract Documents. The contract documents shall consist of the followin . a: This Contract f. General Provisions b., Addenda w g. Special Provisions c: Information for Bidders. h. Technical Specifications _: s d. Notice to Bidders I. Drawings and/or sketches 3, e. Signed Copy of Bid t' t 5 :C MDOM PROJECTM etormwater project no 1.wpd February 10,1999 s, Iii '+."!u.4.gn51+tiwwM+✓fiw.ww ..,,,..*...yy... .. ..,: r 6 y t Yut,�trxStP s G x: f .,, 7 ,. I { I This contract and the other documents enumerated in this paragraph, form the l Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. -- 14. Notices. All notices required to be in writing may be given by first class mail addressed to the Director of Public Works, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at Route 1, Box 221E, Linn, MO 65451, The date of delivery of any notice shall be the second full day after the day of t �j its mailing. - ~' 15. Jurisdiction_ This agreement and every question arising hereunder shall be l interpreted according to the laws and statutes of the State of Missouri. i ' 16. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this day of CITY OF JEFFERSON, MISSOURI A f y Mayor APPROVED A FO ATTEST: ounse or City Clerk CONTRACTOR Title: f%P�si tati i xa ATTEST: x` Title: ROM e/mi .ma Q�e C:IWP000SIPROJECT199 atormwater project no 1.wpd Febmary 10,1989 r, r r t : s Bond No. S243851 PERFORMANCE, PAYMENT AND GUARANTEE BOND a 4 f k KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Aplex, Tnc., Route 1, Box 221E, Linn, MO 65051 F hereinafter,referred to as"Contractor"and Employers Mutual Casualty Company i � f a Corporation organized under the laws of the State of Iowa and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the 1 , City of Jefferson hereinafter referred to as"Owner" in the penal sum of One 1lundred Henri mousana, 11aP4hmdred Fifty six & 20/100DOLLARS ? z : ($___ 170,256.20 ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors,'and assigns, jointly and severally by these t presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; e + WHEREAS,the above bounded Contractor has on the 1St day of March 19 99 , entered into a written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and ' accessories, for the construction of certain improvements as designated, defined and , described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: f t _ NOW THEREFORE, if the said Contractor shall and will, in all particulars,well, duly and + faithfully,observe, perform and abide by each and every covenant, condition, and part . of the said Contract and the Conditions, Specifications, Plans, Prevailing Wage Law. and other Contract Documents thereto attached or, by reference, made a part thereof, x according to the true intent and meaning in each case, and if said contractor shall replace all .defective parts, material and workmanship for a period of one year after s a. y acceptance by the Owner, then this obligation 'shall be and become null and void; x otherwise it shall remain in full force and effect. C:IW12130CSWROJECTW9 stormwater project no 1.wpd January 14,1999 z , 4. .yam...:.:. r s 5 �y • rnq f 4 PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries i 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 -7 agrees that no change, extension of time, alteration, or addition to the terms of the E 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 i 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(his/its)act or omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the i said Surety has caused these presents to be executed in its name, and its corporate ? seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jefferson City, Missouri on this the 1st da y of March _' 19 99 Em to ets-Mutual Casualty Company Aplex, Inc. SUF MPANY CONTRACTOR (SEAL) BY SEAL) o/S E I'lJlS R / PW BY Thomas S. Naught (SEAL) BY (SEAL) Attorney-in-fact (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company f certified to include the date of the bond.) r` y CAWPDOMPROJECT199 stormwater project no 1.wpd January 14,1999 I stn , r� — •_� cf y a tt tEJAT i rf}i 0 • • EMC Insurance Companies P.O. Box 712 • Des ,�loines. :nwa.5031f3 No. CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT �OW ALL MEN BY THESE PRESENTS, that: : i I. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. American Liberty Insurance Company,an Iowa Corporation 3. Union Insurance Company of Providence,a Rhode Island Company 7, The Hamilton Mutual Insurance Company,an Ohio Corporation 4. Illinois EMCASCO Insurance Company,an Illinois Corporation hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint: HARRY NAUGHT, THOMAS S. NAUGHT, DOROTHY SAKER, BILL R. f'.UC J1j.,jAN, J3OB O-XSTIN, ^U'TH INDIVIDUALLY, JEFFERSON CITY, MISSOURI-----------_ _ _ its true and lawful attorney-in-fact,with full power and authority conferred to sign. seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS------------------------------- ---------------°---($10,000,000.00) and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attomey pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of•Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1997: RESOLVED:The President and Chief Executive Officer,any Vice President.the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances.contracts of indemnity and other writings obligatory in the nature thereof,and(2)to remove any such aftomey-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authorty,subject to the terms and limitations of the power-of-attorney issued to them, --execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and tification r writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. pects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all res certified copy of any power•of-attomey of the Company,shail be valid and binding upon the Company with the same force and affect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 23rd day of February 19 96 Seals •,••• � Bruce G.KellX2,3, airman Donald L.Cough wer :'�,P 0�P 'ago ;4 of Companies 4,5&6; resident of Assistant Secretary of Company 1;Vice Chairman and SEAL '; ~1863 _ '_3 ~1953 12 CEO of Company 7 t ,NQ'S• u , � ... ,,,,, . , On this rd Febr uca `HgUR4ry:'''•. ,• ysuaau '•• 0,IT ....... day of z Y AD 1996 before me a �p�; co= 5 ,,.,.,,`, ,s; Notary Public in and for the State of Iowa,personally appeared Bruce G. Kelley and Donald L. Coughennower,who, being by me duly sworn,did say that they are,and are known to me 9 SEA !`i= " ` to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary, SEAL L `__' SEAL t` = respectively, of each of The Companies above; that the seals affixed to this instrument are �; �•,S'r•O,NES Jam?' the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley and Donald L. Coughennower, as such officers, acknowledge the execution UTU of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires December 8, 1999. AMY LEE PETERSEN MY COMMISSION EXPIRES �y ! December 8,1999 CERTIFICATE Notary P is in and for the State of Iowa 1I I,David L.Hixenbaugh,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the t anies,and this Power of Attorney issued pursuant thereto on February 23 1996 '�ehalfaf Harry Naught, Thomas S. Naught:, Dorothy Baker, Bill R. Buchanan are true and correct and are still in full force and effect. Bob.Eiob East in, ' In Testimony Whereof I have subscribed my name and Ruth the facsimile seal of each Company this f Sb day of_ March —11999. —�•��-- �_ Vice-President f 1'. 1; } sip A � FMC Insurance Cor-names , { es � _ t r .ea'tpi0y�.s ,Ktl 1 Ca-5=17 Caffipany, Des Moines :.NiC.3SCO Insuxanc- Company, Des iloiaes L:aion lzsur--nce Comaaay•of ?-Ovideace, �- o mce 'fie-_ic3rz T.:aer:� :.nsur,ac- Cor3Daati•. s mod pia :.:ic Com:.$Slya JesOiaeS Dakota ::rt Lrls-L anc- Company, Bismar ' VE ' x�• —�����1s. .:�asmavai��etm �{-�'�asa.��r�a�Qa -�. --�.ra7evss .. ��/ ••cANCE a�=av— �CNLS CIr•O�?Elvi 5ti"� :?JS•u'r,A��1CB d f UNAB xt, i.S .'O CONTACT You-. RG3;N: y. r { b,l4C _NSU ANC6 COl�Q1�N�ES f* O Box 8550 City, MO 6424-0.50 nry' ;t TELEPHONE. 0004 I .. SAX: S ( j 943-1352 " A.yr ... .,. .. ... t �k 4 .. GENERAL PROVISIONS FORWARD + The following Articles GP-1 through GP-49 are"General Provisions of the Contract", modified ` as forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders, General Provisions, Special Provisions, Bid, Contract, Performance and One Year Guarantee Bond, Specifications, other documents listed in the ( Table of Contents and bound In this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the Intent of the specifications and drawings,are each and all component parts to the agreement goveming the work to be done and the materials equipment to be fumished. All of these documents are hereby efined as the Contract Documents. Y r The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the fumishing of all materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1 J The Contract shall be executed in the State and County where the Owner Is located. Three(3) ; E copies of the contract documents shall be prepared by the Contractor,each containing an exact , 'a copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory ` Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: + One (1)with the City Cleric of the City of'Jefferson One (1)with the Jefferson City Director of Public Works. One (1)with the Contractor G12-2 DEFINITIONS : s ` Vvherever any work or expression defined in this article, or pronoun used In its stead,;occurs In, these contract documents, it shall have and is mutually understood to have.the'meanirig herein given: i d ; �t CAMDOWWROJECT199 stormwater project no 1.wpd January 14,1999 . 1 �,',.�Ar� t 1: "Contract"or"Contract Documents"shall Include all of the documents enumerated in the previous article. € 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into i contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. ; 3. "Contractor"or the words"Party of the Second Part"shall mean the party entering into . contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. —i 4. "Subcontractors"shall mean and referto a corporation,partnership,orindividual having a direct contract with the Contractor, for performing work at the job site. r ! 5. "Engineer"shall mean the authorized representative of the Director of Public Works, (i.e., the Engineering Supervisor). i -.I 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. r 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidders proposal is accepted by the City. 8. "Day"or"days", unless herein otherwise expressly defined,shall mean a calendar day or days of twenty-four hours each. 9. "The work"shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is Indicated by the context. 10. "Plans" or "drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the ' successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever In these contract documents the words "as directed" "as required", " f q as s� permitted", "as allowed", or words or phrases of like import are used, it shall be r� '{ understood that the direction, requirement, permission, or al p lowance of the.City and ; Engineer is Intended. 12. Similarly the words "approved", "reasonable", "suitable", "acceptable", "properly",, "satisfactory",or words of like effect and import, unless otherwise particularly specified .° herein, shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and Engineer. CAMDOMPROJECTM stormwater project no 1.wk , January 14, 1999 (t 4 ••f� _ ..:e : .. ♦n.4..�: ..i1r/ Fria.PCir.�" V:Sai kA.L,iuL e:dw-3.t.bC�..rn yeR'Mrvye�.,�,�`�. 1 Y, t, V-'-'rJ:, i 4, 13. Whenever any statement Is made In these Contract Documents containing the {I 7F . expression "it is understood and agreed" or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the ' City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri j Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission. ` 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s)underseparate agreement with the City of Jefferson that prepared the is plans, specifications, and other such documents for the work.covered by this contract. I --j GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself 3 as to the nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities F needed preliminary to and during the prosecution of the work,the general local conditions,and z all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer,agent or employee of the City,either before or after I 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. J ( . GP-4 THE ENGINEER The Engineer shall be the Ci s g ty' representative during the construction period and he shall --� observe the work in process on behalf of the City by a series of periodic visits to the job site. of 71 He shall have authority to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no . supervision of the construction activities or responsibility for their safety. The Engineers sole responsibility during construction is to the City to endeavor to protect defects and deficiencies In the work. Any plan or method of work suggested by the Engineer,or other representative of the City,to the Contractor, but not specified or required,if adopted or followed by.the Contractor in whole r' or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and , the City will assume no responsibility therefore. F 1 CAMDOMPROJEM99 utormwater project no 1.wpd January 14, 1999 : J tt t 4KR L 1 f S' t C } GP-5 BOND Coincident with the execution of the Contract,the Contractorshall'fumish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion 1 of the work In strict accordance with the terms and intent of the contract documents; b the J payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; O for the payment to the City of all sums due or which may i become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor,and fora period of one year from and immediately following the acceptance of the completed project by the City, the payment to the City of all damage loss and expense which ., may occur to the City by reason of defective materials used, or by reason of defective or f improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance. rdance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and --i qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of ex ecution of the contract. n If at any time during the continuance of the contract the surety on the Contractor's bond ' becomes irresponsible,the City shall have the right to require additional and sufficient sureties ? { which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice ;. to do so. In default thereof, the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided.. t GP-6 INSURANCE . ' GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of f l such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. r ' The insuring company shall deliver ' P Y er to the City certificates of all insurance required, signed by an authorized representative and stating-that all provisions of the followin g s e { requirements are compiled with. P ed p All certificates of insurance required herein shall state that ten (10)days written notice will be given to the City.before.the policy is canceled or changed. All certifications of ' Insurance shall,: { be delivered to the City pnor to the time that any operations under this contract'are started. r , s All of said.Contractor's certificates of insurance shall be written in an insurance'company authorized to do business in the State of Missouri. s f., C:IWPDOCSIPROJECTM stormwater ro P lect no 1.wpd January 14,1999 wi 'fsfs t � 1 r f' : 2 Gp.g,g BODILY INJURY LIABILITY&PROPERTY DAMAGE LIABILITY INSURANCE r (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,including death, ' of not less than $1,000,000 per person and $100,000 per occurrence. Mw� . than$1,000,000 (2) Property Damage Liability insurance coverage for limits of not less t per one occurrence nor less than $1,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY&PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily injury or death. ' Damage Liability providing limits of at least $1,000,000 per occurrence and (2) Property $1,000,000 aggregate. t f GP-6.4 CONTRACTUAL LIABILITY .� Property Damage coverage with $1,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his { t subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability F and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with,the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-1.2, 1.3, 1.5 for property damage liability shall contain no IS { r,f exclusion relative to: b>. ' Blastin or explosion. (Consult Technical Specifications Part I for possible deletion of this, !{ (1) 9 `� z requirement on subject project.) �* �- (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, the Contractor's operations. e �f pipes, mains, sewers, etc., caused by January 14,1999 CAMDOCSTROJECT atormwater project no 1.wpd 199 Y 't , y. t 4 2� [C t : l sty.... �^ .. ... .. { ty's (3).The collapse of, or structural injury to,any building or structure on or adjacent to the Cl premises, or Injury to or destruction of property resulting therefrom, caused by the removal of , other buildings,structures, or supports, or by excavations below the surface of the ground. r GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall cant' in his name, additional assured clauses protecting City, Liability 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. The above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION 4 Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract,and in addition the Contractor shall cant'occupational disease coverage with statutory limits,and Employer's Liability with a limit of$100,000 per person. The"Ail State"endorsement shall be included. F In case any class of employees is not protected under the Workmen's Compensation Statute, I the Contractor shall provide and cause such contractorto provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen $d ' engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of ,1 physical loss or damage to materials and equipment, not otherwise covered under Builder's , ' Risk Insurance,when in warehouses or storage areas, during installation,during testing and until the work is accepted. It shall be of the "Ail Risks"type, with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work at completion, less the value of the t material and equipment insured under Builder's Risk insurance. The value shall include the u aggregate value of the City-famished equipment and materials to be erected or Installed bythe ' Contractor not otherwise insured under Builder's Risk Insurance. Installation.Floater Insurance shall also provide for losses,if any,to be adjusted with and made ` s, payable to the Contractor and the City as their interests may appear. OAMDOCSWROJEMM aWmwater,Project no 1.wpd JAMW6714,1M i 1 �Y��"�'�eA�'f y.} �. 1 3 tt �^'.sr—,+:+.r-.—+..�•.,—.:>..e�.�^..•T_..+— wv....e , 3rM1'' +-•**cur x-.-+r r', K 1" S IJy.S t 1 }: 1 If the aggregate value of the City-furnished and Contractor-fumished equipment is less than $10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES i For the considerations in this agreement heretofore stated, In addition to Contractor's other { .� obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents,sub-contractors, material men or his or their employees;to sheds or other temporary structures,scaffolding and staging,protective fences,bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever (except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. J i GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES & CLAIMS INDEMNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses, damages, costs, expenses,judgments, or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any office r or " agent of either of them,for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants,acts,matters,or things by this contract undertaken to, be done or performed, or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents,or in connection with any claim or claims based on the lawful demands of subcontractors,workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE .: Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening,which notice shall forthwith give y ..the details as to the happening, the cause as far as can be ascertained,the estimate of loss K or.damage done, the names of witnesses, if any, and stating the amount of any claim. i a µ T k GP-7 , ASSIGNMENT OF CONTRACT' > The Contractor shall not assign or transfer this contract nor sublet it as a whale, without the ` written consent of the City and of the Surety on the Contractor's bond. Such content of Surety, rt C:IWPDOCSTROJECTM stormwater project no 1.wpd January 14,X999 together with copy of assignment, shall be filed with the City. No assignment, transfer or }„r subletting, even though consented to, shall relieve the Contractor of his liabilities under this {° contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. t i GP-8 SUBCONTRACTS. PRINCIPAL MATERIALS & EQUIPMENT ! w , 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. t, The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall < be considered as notice to any affected subcontractors. i Nothing contained in the Contract Documents shall create any contractual relation between an subcontractor and the City. y 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. t GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their =f materials and the execution of their work,and shall properly connect and coordinate his work with theirs. If any part of the.Contractor's work depends for proper execution or results on the work of any . j other contractor, the Contractor shall inspect and promptly report to the Engineer any defect In such work that renders it unsuitable for such ro er execution and results. p p His failure so to inspect and report all constitute an acceptance of the other contractor's work - As fit and proper for the reception of his work, except as to defects which ma y develop..i n the: other contractor's work after the execution of his work. Y Wherever work being done by the City's forces or by other contractors is contiguous to work ..covered by this Contract, the respective,rights of the various interests Involved shall:be established by the Engineer, in order to secure the completion of the various portions of the 3r work in general harmony. z �xr ` CAWPDOCSIPROJECT199 stormater project no t.wpd January 14,1999 a fY+ GP40 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS .� r at his own expense all necessary licenses and perm of a The Contractor shall procure p ry p temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for,permanent structures Or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws,ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims,infringement whether such patents are for processes or devices,that might be involved in the construction or use of the work,shall be Included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense,defend any and all suits or proceedings that may be Instituted at any time against the City for infringement or alleged infringement of any patent or 4 patents involved in the work,and in case of an award of damages,the said Contractor shall pay . .J such award;final payment to the Contractor by the City will not be made while any such suits ;. or claims remain unsettled. GP42 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS I t GP42.1 GENERAL These Specifications and Project Plans are intended to supplement, but not necessarily duplicate each other,and together constitute one complete set of Specifications and Plans so t µ; that any work exhibited in the one and not in the other,shall be executed just as if it has been. set forth in both,in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which is necessary to a clear Understanding of the work, or should it appear various instructions are in conflict, then the A� Contractor shall secure written instructions from the Engineer before proceeding with the { j , construction affected by such omissions ordiscrepancies. It Is understood and agreed that the '? i work shall be performed and completed according to the true spirit, meaning and intent of:the a� iryX r[,3 contract, specifications and plans. li ly tf �,r x k C:%WPDOCSWROJECT%99 atormwater project no 1.wpd January.14,1899 ��t r 7 r a. r is � r 5 oLw t� _ t GP42.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from.scaled measurements. No work shown on the plans, the dimensions of which are r not indicated shall be executed until the required dimensions have been obtained from the ; Engineer. 71 GP42.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES f The Contractor shall check all dimensions, elevations and quantities shown on the plans, and schedules given to him b the Engineer, and shall not' the Engineer of an discrepancy 9 Y 9� �Y 9 Y p cY s 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 fumished by the Engineer should such t :s error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that r only the best general practices,as accepted by the particular trades or industrie s involved,shall be used. GP42.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or f to codes of local or state authorities, shall mean the latest standard, code, specification, or t 3 tentative specification adopted and published at the date of taking bids, unless specifically r stated otherwise. , s GP43 CONSTRUCTION REPRESENTATIVE AT PROJECT - 1 F! The City may appoint or employ such "Construction Representative" as the City may deem t 4 4 t proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Pro ect Representative assumes no direction of employees. of the Contractor or j p . Subcontractors and no supervision of the construction activities or responsibility fortheirsafety { e construction i to the sold,duty of the Project Representative,during th City to endeavor: #; to,protect against defects and deficiencies in the work. Lx x xi 't i C IWPDOCSIPROJECT169 atormwater project no l.Wpd January 14, 1999 ,V - .. .. e kr ta�h' Fps . ka q F t .: YJ . s ' T'¢{S_ a t£LU y 7 The Contractor shall regard and obey the directions and instructions of the Construction 1 when the same are consistent the obligations of contract Representative so appointed,w ` ,ons therefor provided, however, that should the Contractor object to any and the specificat I ordergiven bythe Construction Representative,the Contractor may make written appeal to the ti-r-r Engineer for his decision. r The Construction Representative and other properly authorized representatives of the City shall be free at ali.times to perform their duties,an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractorfrom any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer,without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the.final acceptance of the work, even though the same may have been previously overlooked and '. estimated for payment. l The Construction Representative shall have no authority to permit any deviation from the plans 77 and specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. i All condemned work shall be promptly taken out and replaced by satisfactory work, and all -�- condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer, withhold payment or proceed to terminate contracts as herein provided. - t i Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work J must be uncovered by the Contractor. If such work be done in accordance with the Contract : Documents, the City shall pay the cost of reexamination and replacement. if such work be `found not in accordance with the Contract Documents, the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and yJw i } .. In that event the City shall pay such cost. € The.Contractor shall furnish samples of testing purposes of.any material required by the Engineer, and shall famish any information required concerning the nature or source of any material which he proposes to use. t = GP-14 LINES AND GRADES xfi The"Department of Public Works will set construction"stakes establishing lines, copes, and ' continuous profile grade in road work, and center-line and bench marks for culvert work; x appurtenances as may deemed necessary, and will furnish the Contractor, with ail " �! 4 J, C:IWPDOCSIPROJECT199 atormwater project no 1.wpd January 14,1999 W-17 V ` r ft yam. s f�•ry�'fit'e'y .�A i�f� 1 ' AA 5 Y 4 '1 • f i necessary information relating to lines,slopes, and grades,to lay out the work correctly. The s grades,Contractor shall maintain these lines, g , and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fall to give :I such notice. l The Contractor shalt carefully preserve stakes and bench marks. If such stakes and bench mark become damaged, lost, displaced, or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work. -7 Any work done without being properly located and established by base lines, offset stakes, -� benchmarks,or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. •1 GP45 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor sha!l be responsible for the condition of all materials furnished by him,and he i�. shall replace at his own cost and expense any and all such material found to be defective in design or manufacture,orwhich has been damaged after delivery. This includes the furnishing j of all materials and labor required for replacement of any installed materials which is found to :J be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all ` materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractors plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. � GP-18 SUPERINTENDENCE AND WORKMANSHIP � d ,z ....,, The,-Contractor shall keep on his work, during its progress, a competent superintendent and any necessary.assistants. The superintendent shall represent the Contractor in his absence n , and all directions given to him shall be as binding as if given to the Contractor. The Contractor'shall provide proper tools and equipment.and the services of all workmen, ' mechanics,tradesmen, and other employees necessary in the construction and execution of t the work contemplated and outlined herein. The employees of the Contractor shall be Sri C.UPDOCSTROJECT199 stormwater project no 1.wpd January 14,1999 ttf�ii! .•.—. �... , s :: 4S competent and willing to perform satisfactorily the work required of them. Any employee who Is disorderly, Intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily.manner, shall be promptly discharged. s � It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed, the Police Department, Fire Department, and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Public Works. All detour signing shall conform to the "Manual on Uniform Traffic Control Devices". j Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed underthis project,the Contractorshall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. ; GP 20 BARRICADES AND LIGHTS All streets,roads, highways,and other public thoroughfares which are closed to traffic shall be ---^ protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section.. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All ' lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained in j conformity with applicable statutory requirements, and in conformance,with the Manual of ll ` 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 and no direct payment will be made for It. _. e � s ,r a GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES fi4 t Pipe lines and other existing underground installations and structures in the vicinity of the Work , to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall C:UPDOCSTROJECT199 stamwater project no l.wpd January 14,1999 r f t W ds. t r make every effort to locate all underground pipe lines, conduits and structures by contacting r owners of!rnderground 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 claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. r Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for In this manner. Sewers damaged by excavation but not in direct conflict with the l storm sewer will be repaired at the Contractor's expense. } { : GP 22 PROTECTION OF WORK AND PROPERTY (f( The Contractor shall be accountable for any damages resulting from his operations. He shah be fully responsible for the protection of all persons incl uding members of the public,employees of the City and employees of other contractors or subcontractors and all public and private ff property including structures, sewers and utilities above and below ground, along,'beneath, _:. . above, across or near the site or sites of the work, or other persons or property which are in r.€ any manner affected by the prosecution of the work. The Contractor shall fumish and maintain all necessary safety equipment such as barriers, f signs,warning lights and guards as required to provide adequate protection or persons and property ' The Contractor shall give reasonable notice to the owner or owners of public or private property i and utilities when such property is liable to injury,or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. t :.1 in an emergency affecting the safety of life or of the work or of adjoining property,.the Contractor, without special instruction or authorization, Is hereby permitted to act.at his t discretion to prevent such threatened loss or injury, and he shall so act. Any.compensation,` 4` claimed by the Contractor on account of emergency work,shall be determined by agreement . or arbitration: The Contractor agrees to hold the City harmless from any and all loss or damages arising out ' of Jurisdictional labor disputes or other labor troubles of any kind that may occur during the,. s _ ,x z construction or performance of this contract. ' t 3 w CAMDOCSTROJECTM skxmwater project no l.wpd January i4.1999 i r..,_.. x ' S , Y GP 23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty matedais or poor workmanship during the period of one (1)year after the date of completion of the contract. � 1 GP-24 NO WAIVER OF RIGHTS I Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money,or any payment for,or acceptance of,the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. (ap 26 USE OF COMPLETED PORTIONS If desired b the City,portions of the work may be placed in service when completed or partially a Y completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work,and the Contractor shall be liable for defects due to faulty construction until the.entire work under this Contract is finally accepted and for the guarantee period thereafter. >j GP 26 ADDITIONAL OMITTED OR CHANGED WORK The O wner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The:Engineer shall have authority to make minor changes in the work, not involving cost,and not inconsistent with the purposes of the work. . t j Except for.adjustments of estimated quantities for unit price work or materials to conform to t actual pay quantities therefor as may be provided for in the Special Conditions,all changes and 4ti , alterations in the terms or scope of the Contract shall be made under the authority.of duly k executed;change orders issued and signed by the Owner and accepted.and signed by the ' r Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered In Wel ing by.the Engineer,which order shall state the location,character,amount,and method , b ,{ of compensation. No additional,or changed work shall be made unless in pursuance'of.such au written order by the:Engineer, and no claim for.an.,addition to the Contract sum shall,be,valid' unless`so ordered: j r / 51 C:\WPDOCSIPROJEC7�99 atom�water project no 1.wpd January 14,1999 4 4! h i e C 1 r t S e a'!. t ail' a E t1t grTf st t t « If the modification or alteration Increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified under ' one or more unit price Items of the Proposal,then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as"Extra Work" as hereinafter provided in this Article GP-26. x r` 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: - r _ 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. S Statements for extra work shall be rendered by the Contractor not later than fifteen (15)days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be ` omitted. Extra Work: -� (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans j, or reasonably implied by the Specifications and not covered by the Contract proposal items and 1 t which is not otherwise 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 G .. ; work shall be determined by one or more of the following methods: 1 Method A: By agreed unit price y, I ; ,t 2. Method B: By agreed lump sum 3 r " C.IWPDOCSIPROJEC?199 stormwater project no 1.wpd January 14,199.9 �r �M ' 4 4�Ky S t =£�4y.t •. .. t 3. Method C: If neither Method A or B 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 �j Construction 1996. r GP 27 SUSPENSIO N OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days .;i notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the Owner to the Contractor to do so. .l 7 But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if ' the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time,then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. a; GP 28 OWNERS RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this'contract, the Owner, after ten (10)days written notice to the Contractor, may, without prejudice to any other remedy he may have,make good such deficiencies and may deduct the IDcost thereof from the payment then or thereafter due the Contractor. r. GP 29 OWNER'S RIGHT TO TERMINATE CONTRACT _ If the Contractor should be adjudged a bankrupt, or if he should make a general assignment - I for the benefit of his creditors,or if a receiver should be appointed on account of his insolvency, ' or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided,to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be < guilty of a substantial violation of any provision of the Contract,then the Owner may,without prejudice to any.other right or remedy and after giving the Contractor 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, ..deem expedient. In such case, no further payment will be made the Contractor until.the work is finished If the ;.` unpaid balance of the contract price shall exceed the expense of finishing the work,including ' compensation for additional managerial and administrative services, such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractors'hAll t � � pay e jM th difference to the Owner. C:IWPDOCSIPROJECT99 etormwatar protect no 1,wpd January 14,1989 ,., f z ,. to° i. V ay ' Z s $7Y .f 8f t x 7777 1 . i &ism t' i 5 �., GP`30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT }; If the work should be stopped under an order of any court,or other public authority,for a period of.three months, through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon seven (7)days written notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and ;i any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES -- All loss or damage arising out of the nature of the work to be done, of from the action of the dk elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen,which -, may be encountered in the prosecution of the said work, shall be sustained and bome by the Contractor at his own cost and expense. t ;t GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m.and 7:00 a.m.,nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of ncies or the protection of equipment orfinished work maybe done without the City's emerge P approval. Night work may be established by the Contractor as a regular procedure with the written x permission of the City;such permission however,may be revoked at any time by the City if the 4 Contractorfails to maintain adequate equipment and supervision forthe proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS ! t 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. ; t { � , No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. j' GP-34 OMITTED q R tM aka a3 �$ 7 ' t: CAWPOOCSTROJECTM stormwater pro}ect no 1.wpd January 14,1999 r S w.. -77 �-- n "3 ,y e , j t GP-35 MATERIALS AND EQUIPMENT k < Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent Installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that Intended or specified,unless such use Is specifically authorized by the Engineer in each case. GP-36 DEFENSE OF SUITS -- in case any action at law or suit in equity Is brought against the City or any officer or agent of them for or on account of the failure, omission,or neglect of the Contractor to do and perform F. any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the Injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their a g ents or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of --� machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment W of this contract,the Contractorshail indemnify and save harmless the City and theirofftcers and agents, of and from all lasses, damages, costs, expenses,judgments, or decrees whatever i arising out of such action or suit that may be brought as aforesaid. GP-37 CHANGE ORDER =�- Any changes or additions to the scope of work shall be through a written order from the i Engineerto the Contractor directing such changes in the work as made necessary or desirable S". by.unforeseen conditions or events discovered or occurring during the progress of the work. ;2 GP48 CONTRACT TIME ' The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather � r condition unless suspension of the work for such conditions was authorized in writing by the Engineer. 3 1 If the time forthe completion of the work is based upon working days,this g y , s time will be specified in the contract' A working day is defined as any day when, in the judgment of th ''Engineer, soli and weather conditions are such as would permit any then major operation of_the ro ectf ' forsix(6)hours oroverunlessofherunavoldableconditions rave p. j prevent the Contractor's operation. ti If conditions are such as to stop work in less than six(6)hours,the day will not be counted as ? a working day. No.working days will be counted from December 15 to March 15, both dates Inclusive: Saturdays;Sundays,and City holidays will not be counted as working days any time during the year. C 1WP000SVROJECTW9 stormweter project no 1.wpd January 14,1939 tG t t 4 • s 2 t wx= T 4 v J GP-39 CONTRACT TIME EXTENSION ?? lost due to causes which he deems justification for , The Engineer may make allowance for time o t j , extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, he shall state his reasons —� in.'writing, furnish proof to establish his claim and state,the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. i GP-40 LIQUIDATED DAMAGES ' Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract,orwithin such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out i In the contract will be made for each day and every calendar day that such contract remains 7� uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the T ! public,after the expiration of the time stipulated in the contract, and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time,or after any extension of the time,shall Y, In no way operate as a waiver on the part of the City or any of its rights under the contract. GP-41 MEASUREMENT AND PAYMENT (a). BASIS FOR PAYMENT t{,, 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 J in the schedule of the Bid or for such extra work as may be authorized and approved by the { Engineer. The'cost of incidental work not listed in the schedule of the Bid but necessary for the t completion of the project shall be included in bid items. l t (b) , DEDUCTIONS FOR UNCORRECTED WORK x> z ;If the Engineer deems it expedient not to correct work that has been damaged or that was not h i done in accorclance with the Contract,an equitable deduction from the Contract price shall be r ,t= t made.therefore. * 10:IW12136CSIPROJECT193 stormwater protect no 1,wpd January 14i 1999 f c �.a^ .•wro.wM'ef .. '*mil.+.uwM r �r { I k J J < J y�ir _y tr .z k iai: J rt z Sy .. z: y (c) LUMP SUM ITEMS ' Payment for each lump sum item shall be at the lump sum bid for the item,complete in place, and shall include the costs of all labor,materials,tools, and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. J (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance,the Engineerwili 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 signature,stating thatthework required bythis contract has been completed and is acceptable fi by him under the terms and conditions thereof, and the entire balance found to be due the a Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. ++ -, (f) AFFIDAVIT OF COMPLIANCE .i Monies due to the Contractor will not be delivered to the Contracto r without presentation to the -� Department of Public Works a Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. f GP-42 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the,Owner and every officer and agent thereof,from all claims and liability to the Contractor 1 for anything done or furnished for,or relating to the work,or for any act or neglect of the Owner t Or,of any person relating to or affecting the work. r �r. GP' . CERTIFICATIONS ry t ; All suppliers of materials such"as drainage pipe or,handrail and all suppliers of asphaltic concrete or portland.cement concrete mixtures shall certify in writing. :. �. ` :that the product as supplied.conforms fully with these specifications. Such i certification shall be delivered in triplicate to the Department of Public Works at t } least 24 hours before the product Is to be used on the project. } C:IWPDOCSIPROJECT199 stamwater project no 1.wpd January 14, 1999 3 3 h. 5 r ' f r i GP-43.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-44 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service, the ! purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson,when the quality of the commodity or performance promised is equal or better and the price quoted is the same or less. GP-45 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases In excess of$5,000,the City shall select products manufactured,assembled or produced in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-46 AWARD OF CONTRACT-REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for t} ? award of this contract. ' The contract will be awarded to the lowest and best responsible bidder on the base bid i proposal, complying with the conditions of the Advertisement for bids and Specifications, --� providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to ' accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson,however,reserves the right to reject any and all bids and to waive rejection or waiver is in their interest. all informalities in bids received whenever such re j GP-47 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW lw i Upon.Completion of project and prior to final payment, each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Public Works Department, an affitlavit stating that the contractor or subcontractor has fully complied with the provisions and x 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.. S f r. r +r CAMDOMPROJECT98 stormwater project no 1.wpd January 14,,1898 r+{ r ,r 1 � - �P LKIi. . t z 1 . s � 5 ' GP-48 MISSOURI LABORER REQUIREMENT' Y Whenever there is a period of excessive unemployment in Missouri,which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non-restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are Incapable or performing the particular type of work involved,if so certified by the contractor or 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 would conflict with any federal statute, rule or regulation. ' Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that --, state, as determined by the Missouri Labor and Industrial Relations Commission. A Missouri' laborer means any person who has resided in Missouri for at least thirty(30)days and intends ;. to become or remain a Missouri resident. 4; 7 GP-19 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT � In the event a contractor or subcontractor hereunderfiles with the City of Jefferson an affidavit i x ; stating. that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo, (1993 Supp.), when in fact the contractor or subcontractor has not complied,to the extent that any liability is assessed against the City of {. ' Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson,Missouri, ' any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. --� Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions, whenever there is a period of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of sir -': Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses .- ' incurred.by the City of Jefferson,Missouri, because of the contractor or subcontractors failure ,1 to comply: t END OF GENERAL PROVISIONS t uary 14 CAMDOCS7ROJECT atormwater project no 1.wpd Jan , 1999 199 �rMYWr<?ib{yi S• i } a. }3 )f y 4 r. SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions In these specifications. SP4 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1996 version of the Missouri Standard Specifications for Highway Construction except as .„1 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 used in constructing this project. PARTIAL ACCEPTANCE SP 2 P ` The City reserves the right to accept any part or all of the bid for the project. :r. SPA PRE-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. It is expected that this conference will be attended by representatives of the Owner, The Engineer,the Contractor and his Subcontractors, and the Utilities,as well as representatives of any other affected agencies which the Owner may wish to invite. j The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP•4 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, ;. Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, Is a requirement of this contract. (Reference Section IB-20). _ t r Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at } `F}t the site by each contractor and subcontractor engaged in publicworks projects, rs!. he full time and that such notice shall remain posted during t 30 .. Me 4 Vji C:1wPDOCSIPROJECT99 BEormwatdr project no 9:wpd. ... January,14,199H r Ill'j ��irrriii I {I x'�., R�IM'�1n`�ficldi}k'R(SSr?Ewa'Fa`"`W+!sw*+,...'^.,.^•"°:"°' .. ,- �.� •7�; �j' t . t ,i j { 71 SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from .a local agent Is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, aggregate when an a re ate amount is included,a statement of the amount of that aggregate available to date shall also be attached. SP-6 PROJECT COORDINATION (MULTIPLE PROJECT BIDI 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. . , SP-7 MAILBOXES If U.S. Postal Service access to any mailboxes wiN be interrupted during construction,the Contractor shall contact the U.S. Postal Service to determine 4 where the mailboxes should be set during construction. Mailboxes shall be reset at appropriate locations by the Contractor once work i is complete. Any materials damaged by the Contractor shall be replaced with material of ._ better or equal type and quality at the Contractor's expense. 1 _. gP.g TRAFFIC CONTROL DURING CONSTRUCTION Y ► All work shall be in accordance with the Manual on Uniform TraMc Control . Devices. Signs, cones, and barricades shall be placed both to protect workers { and equipment and to protect the public by marking open trenches and other potential dangers. On projects open to traffic, "ROAD CONSTRUCTION t AHEAD"signs shall be placed appropriately. On projects closed to traffic7ype � III barricades signed "ROAD CLOSED" shall be placed at both ends of 7 construction. r SP-9 ACCESS TO ADJACENT PROPERTIES K Prior to the removal .of the driveways to any dwellings or buildings, .the Contractor shall noCrf)r the inhabitants of such structures that the use of the'r r' driveways or access will be temporarily affected.. Notice shall be of sufficient:.7 2x length to allow the persons affected to remove vehicles and other F items that m ay inaccessible during construction activities. k ttt . CAWPDOCSTROJECTW9 stormwater project w 1.wpd January 14,1999 i i C {FT,ad��f k4.1t4 r Pedestrian access shall be maintained at all times. Suitable access shall be 4 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 µ may be present. SP40 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or -� damaging adjacent property as a result of precipitation during construction. SP-11 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-12 ROCK REMOVAL No explosives shall be used on this project within fifty(50)feet of a structure. i Rock in these areas shall be removed by mechanical chipping,jack-hammering or other methods approved by the Engineer. SP43 UNDERGRADING IN ROCK CUT Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled s: with a drainable material with top surface choked with fines for proper subgrade ; ,J. preparation. No direct payment shall be made forbackfili materials. The only "rl, payment made shall be for cubic yards of rock excavation. 'f j SP-14 ROOF DRAINS E S 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. j See Technical Specifications Section TS-29, Downspout Drains. " SP45 REPAIR OF DRIVING SURFACE f All sections of pavement damaged or removed during construction beyond the limits of construction,as denoted on the plans,,shali be replaced in accordance ' with the following requirements: s ] Existing .: Pavement. Base Surface ¢> PCC Street --- 6" PCC � „ y Bituminous Street: 6" /�PCC 1- AC f - hy ✓ "'• CAWPDOCSIPROJECT199 stormwater protect no 1.wpd January 14,199A ,7. - �,Z� V t. a i j i `- 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 x` be installed when it becomes available. Chat drives, alleys, and parking areas shall be resurfaced with crushed stone In the areas disturbed. In all areas disturbed by construction activities, replacement and repair of the, I driving surface shall be subsidiary to construction. t SP46 ADJUSTMENT OF UTILITY SERVICES i I The necessary adjustment of utility services such as water,gas,telephone,and electric, including meters, valves and other appurtenances shall be subsidiary —i to the work. i • SP47 PLUGGING AND ABANDONMENT OF EXISTING PIPES All pipes to be abandoned shall be plugged and sealed with portland cement concrete at the locations as shown on the plans. All pipes to be abandoned shall be completely filled with dean sand. The sand shall be blown into the pipe by using compressed air or other such means. F All plugging and filling of pipes shall be subsidiary to the work. SP48 INSTALLATION OF SEWER PIPE i - The unit price for the installation of sewer pipe shall include all necessary excavations,ditching,backfiiling,bedding,shoring or any other item required to make the installation of the pipe. SP49 ITEMS TO BE LEFT IN PLACE j 1 Items marked "LIP"on the plans shall be "left in place". Any damage to these items, or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. SP 2020 HIGH DENSITY POLYETHYLENE (HDPE) STORM SEWER PIPE 1, { This specification applies to high density polyethylenecorrugatecl pipe(HDPE) - , with an Integrally formed smooth waterway. : eg . Nominal sizes for which this y . specification Is applicable are 12 - 48 inch diameter. 12 - 36 inch pipe shall ? conform to AASHTO MP6-95 classification"T D". A a yp II Pipe joints shall consist {i >i of a bell and spigot jointing system with the bell covering two pipe corrugations 7 as recommended in AASHTO M294. Pipe joints with rubber O-Ring gaskets : s �. meeting ASTM F477 shall be installed on the p s i of end of the pipe. r ' p9 P C;MDOCSWROJECIAN stormwater project no 1.wpd. January 14,1999 . .. AA s . u r . t y i ''tt 5 Mir - .: ' _.._....�•...:...�._.....�.».. .....,.... _..... ... ... ... ..... .......... ._...-. ... ... ....,._..,.__....._...,•_..__ ..._............. 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 d In ASTM D3350. described < 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 homing mark 5: on the spigot end of the pipe. f SP-21, BELAIR DRIVE CLOSURE ! Belair Drive shall be closed one day for the Installation of the storm sewer crossing. The closure shall not be before 8:30 a.m:and the roadway shall be 4 open to one way traffic prior to 3:00 p.m. that same day. .During construction of the inlets, the contractor shall maintain one way traffic and sign as noted on { " the plans. The construction area shall be delineated from the traffic way by use of construction barrels or other approved devices. 77) SP 24 ZOYSIA SOD y In areas where established Zoysia grass is disturbed the contractorshall replace with new Zoysia Sod. Payment shall be by the square yard placed. As with all areas, the contractor shall use all care to minimize area disturbed by the T { construction. t All specifications for the placement of Bluegrass Sod (Section TS-9 Technical Street Specification City of J _ ty efferson Technical Specifications) shall apply to Zoysia Sod, with the exception of the planting season. Zoysia Sod shall be placed from May 1 to September 1 unless extended by the Engineer. i1F F SP 25 PROPERTY OWNER TO REMOVE f Any item on the plan noted with"PROPERTY OWNER TO REMOVE"indicates that the property owner(s)plan to remove the item noted prior to construction {T of improvements. The contractor shall not be responsible forsaving,of any item "T noted as such. t, x A , " ::9 I NPDOMPROJEC'1199 storrtrwater project�o 1.wpd ` January,14;1999; t ✓�-4}#`."n[MriiIMM.1n'M.4.M.fvl.e++b .,y. .. ...... , y '�+MSd i ice' SP-26 EXISTING DRAIN FROM SEPTIC TANK. 2819 DWAYNE DRIVE As shown on the plans, an existing 4"diameter drain outlets into the existing grated area Inlet behind the curb along Dwayne Drive. This drain is an outlet t from an existing septic tank from the referenced address at 2819 Dwayne Drive. This drain shall not be reconnected to the proposed stormsewer system. As noted on,the plans, it shall be the responsibility of others to either plug or relocate, disconnect, and eliminate this drain from the storm sewer system proposed, prior to construction of proposed improvements. SP 27 SEWER EXCAVATION ON BELAIR DRIVE This item will include the cost for supplying the labor, materials and equipment necessary to excavate around the existing sanitary sewer pipe, install a 4" perforated PVC drain and backfili with gravel and soil as noted on the plan sheets. Payment for this item shall be by the linear foot of ditch excavated measured along the centerline of the existing sanitary sewer pipe. SP 28 REMOVE AND REPLACE CURB AND GUTTER The unit price for "Remove and Replace Curb and Gutter" shall include all labor, equipment, and materials necessary to remove and replace the existing curb and/or curb and gutter and adjacent pavement as necessary to facilitate } the installation of the new curb and utter. Payment the linear foot as measured along the new curb . The cnt actorls be allllause all care to minimize the width of the roadway repair section. The material for this roadway "` repair shall be as per City Standard Specifications for Patching and Backflling of Paved Streets k' END OF SPECIAL PROVISIONS J� {, x, � t r y ` a: 1 C:IWPDOCSIPROJECT199 abrmwater project no 1.wpd January14,.1999 . ..i' €'f 4 j` i r4 i s � $ �} t r E ' . .. ,L,I..,-�,�,:.��I I�.�I,I I,-,,,I.:;"I'I,�R.�I�r..I r�.-I,r.r I I-��.:I.�I,�r r,,I I��I 1I�I��rI,�r I I�I I.;;,I I�,,I I I�,�r.,r.,I v r.'r:,.I-��;r,,I I 1 r.,,r r I.�I..,,I r I,,-r,.�,.L r��I r I r��I I.-.`r,I�r I I,I.,.�,.,r�,���.�I,I I r I r II,,r�I�',I*�r I I�r r:,,I.r I:r�.Ir I.I,I.'�'I I;'r r 1,-...V�r:�.r��:r���.�r I�.r��',I I,'.�I.'I,,-r I�,.1 I I r,.�,.�I.I I I,�._r,r I.I I:1 r I I"I I:I,',,'_.7'r I�:.I'�.I��.I%��;�',I I��"..r:',I."*�,I I�r I I�I 1r�r��I I�r r I.I 1 r I I,;.'I r.��r I r�r I�.I,I--'I.�.I I I�1.�I.1-I 1�,:.��I'1r I�,I I,r,.r I,1 I I r r�,I�.r-,r.I I.I,.�1.:I�"r I r%.�r r..I'I I I�r.I-,I�I�,I�,,,r I:!I�I I,�,.��'��I I I-.I��*�,.I.I I r�,�I,,,�I r I I..,,'.I r'�:�I r�.'��r r�I.:4:I I:�I I,I I.:'�I��.:,,,,��.', r���r,,I,,,�'r r�r r I'I,.:.I I I,r.�r r��I I,I I.I:I I:.4�'I I.b.�I���.�I:I-,�.I.I'�.'r I I,�.,r I:I��I::.*I:�',r.�.�:I I�;',,�;.,,I I Ir:-,r I r I I I I r�:.I.r I.r,'','I r I,I r.,�r r,�I,�.�,.I�'r�I,�'.�:r�t I r'I�,"��,�I�r�..I r,r,��.;r I'�,I I r,�.,.I��.r�I,����.'.,:r I I 1�I r I.r I.I I,I�;�.�I I r I I I��I,1�I.�I I r,r I I.r�r.�r I..,I'-,��I,�-r r r I�r;,r��,.�',"�'r,r��,�.:.,r,�I,I�r,.�r�I.r I.I..r:�I.I�.I."I r I r,.I:.�I,�,'I.:I I I,I.�I I,,I.,I�j�I r,r,��I.,I'r,I,I�I�r,I,'.I...,,,'I.��.r:��r�.��,I,,�I.r�.�r I I�',I,�.I I�"I��r�-�,. ' .. .. ' rr._a.................1'....__...._...... .r.. ...,...... ..,.._... 1r r r .,.. . ' . . , I � . i � .. , ...'_A i) I. .. . $ .. .. bP I .. I � ' I I AA t - , ,w V; ~`~ i I} f+)i ADDENDUM NO._1 4 _ vyJ . 1999 STORMWATER PROJECT NO. 1 PROJECT NO. 33039 - BELAIR DRIVE PROJECT NO. 33040 - LOLA DRIVE PROJECT NO. 33036 -COLE/ALLEN DRIVE PROJECT NO. 33034 DWAYNE/DEAN DRIVE ` _1. JANUARY 27, 1999 �, f . S`••i . 1. Item 1.23 "SEED AND MULCH" is hereby added as a bid item. . . ;I 2. Item 3.22 "WATER SERVICE REPLACEMENT" is hereby added as a bid item: �P=b . f` _ J Bidders are reminded to submit bids on the attached, amended bid form. z , _. '; ` . . . " . , � - . . ` ' .° t , .,.:.' r r*lj 1.. y. 'f.5: y aI ., .. .. ... .. t. 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