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HomeMy Public PortalAboutORD12734 )Y' L $ BILL NO. 97-'152 PASSED AS AMENDED Y SPONSORED BY COUNCILMAN Haake A J ORDINANCE NO. /�73�j►� i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE ' MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS TO PROVIDE FOR LAND ACQUISITION AND CONSTRUCTION FOR AN INTERCEPTOR SEWER AND FORCE MAIN TO SERVE THE COVINGTON GARDENS SUBDIVISION. WHEREAS, it is in the City's best interest to redesign the planned interceptor sewer and force main to serve the Covington Gardens Subdivision; and WHEREAS, the alternative design involves the acquisition of real estate; and T 1'' WHEREAS, Don Schnieders Excavating Company, Inc. has become the apparent lowest and best bidder on the Covington Gardens Interceptor Sewer and Force Main ; project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF +:JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Don Schnieders Excavating Company, Inc. is declared to be the lowest and best bid and is hereby accepted. t� Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Don Schnieders Excavating Company, Inc. for Covington Gardens Interceptor Sewer. ' and Force Main. a Section 3. The agreement outlined in Section 2 above shall be substantially the +' same in form and content as that agreement attached hereto as Exhibit A. Section 4. The Mayor and City Clerk are hereby authorized to execute an agreement ; for property.acquisition with Cleo Erhardt to acquire necessary property for locating a pump station and the necessary easements for construction of the interceptor sewer and force t , main, provided that the property is acquired for less than $15,000.00. Section 5. The agreement outlined in Section 4 above shall be substantially tho`• same in form and content as that agreement attached hereto as Exhibit.B. Y t sew t�, 4e, S .. .. .• " .. _ ' ,�E 1I�r'tt nF+ . Y`Ufr3�xCuA7Fa`C�'• y�.,1"t i - .., .. - ,. a i, i.Mai 7+ ,7.� r .. s+�'?'7'ati��},��x �,;.�•3-r� {zb �:'J + t e .''{ lit .SFr ,u. .k;t CITY OF JEFFERSON AGREEMENT FOR CONVEYANCE ,C)P PUMP SI2"E.fiNd) FOR �'E1tId'ORAIRYANI� PERMANENT . R RM�NENT EA�'EME1I�T.S i ' THIS AGREEMENT,made and entered into this and Mildred M. Ehrhardt, husband and w' day of May, 19y8,by and between Cleo H.Ehrhardt Ehrhardt and Mildred Ehrhardt Revocable Living Trust dated October their successor 995 in trust, under the Cleo Of Missouri, hereinafter referred to as "Sellers," and the City of Jefferson a 1995 of the County of Cole, State State of Missouri, hereinafter referred to as '`City." municipal corporation of the WHEREAS, the City needs to construct sewer lines which will involve crossing Sellers'Iand ' , and WHEREAS, the City needs a suitable site for locating a pump station with W y a HEREAS, Sellers are the duly road access;and al'. ppointed, qualified, and acting trustees under trust instrument dated Octob'er 9, 1995; an � WHEREAS,Article 17,Section 3,of the Trust Instrument gives Sellers a general describe d.real estate. g aI power of sale of the below i WHEREAS, Sellers are willing to convey necessary land and easements to enable Ci to c improvements to its wastewater system. tY onstruct the NOW, THEREFORE,be it agreed gr as follows: l 1• A�'p--�.- p-.�xn��t to Purchase and Canvp� City agrees to purchase the following described land and temporary constructio ea easements described as follows: semeats and permanent is Pum�Station 4itp D gr•rintinn } Part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North West,Cole County,Missouri, more particularly described as follows: Range 12 t , - From the northwest corner of the Northeast thence S88°01'04"E,along the Quarter Section Liner 786.56 feet;thence S 1Q 8'56" , said Section he Point of Beginning for this description; thence S31 012'54"E, 110.00 feet to a point on 1 he no to the right-of-way of Missouri State Route C; thence S58°47'06"W, along the northerly right-of-way rthero said Missouri State Route C, 150.00 feet;thence leaving the northerly right-of-way line of said State Route C, N31 012'54"W, 110.00 feet; thence N58°47'05"E, 150.0 line of Missouri Containing 0.38 of an acre. 0 feet to the point of beginning, 60'INGRESS EGRESS EASEMENT Part of the Northeast Quarter of the Southwest Quarter of ` West, Cole County, Missouri, more particularly described as follows: on 20, Township 44 North, Range 12 follows: ` Frara the northwest corner of the Northeast thence S88°01'04"E,along the Quarter Section Leine,786.G feet;thence S1°58'56"W 21 �d Section thence Southwest Quarter of c , „ S31 12 54 E, 110.00 feet to a point on the northerly right-of-way of Missouri State Route C• the t 04 feet;thence S58°47'06"W, along the northerly right-of-way line of said Missouri State Route Point of Beginning of this description;thence S58 047'04"W,continuing along the northe�.0 feet to the Y right-of-way ' C:\tray.,'\rcel+etete\ehrhenit\�ntract I(R'!tt•final i '��i+?n§'u/.r,'�Y.*\k'rN?,si?.v4}'1,,'iiFa,3.i`e4'ar-+�;n.;•`tom r; 7:_J . . .. t.. . '�.. r: • t i line of said Missouri State Route C, 157.55 feet; thence leaving the northerly right-of-way line of said Missouri State Route C,N31°12'54"W,60.00 feet;thence N88 047105 11E, 157.55 feet;thence S31°,12'54"E, f 60.00 feet to the point of beginning. + 3 Permanent �.a men s wi h Temnoraiv ongtruction FasemPnt nPat+r�nt+.... A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter of Section 20, Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide strip lying 10 foot either side of and adjacent to a centerline being more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20; thence S88°15'29"E, along the Quarter Quarter Section Line, 330.39 feet to the point of beginning for the centerline of this easement;thence S21°57'48"W,55.47 feet;thence S06 034'25"E,537.10 feet;thence S08029'38"W, 320.16 feet to the point of termination. ` ALSO:A strip of land across part of the Southeast Quarter of the Northwest j Quarter of Section 20, Township 44 North, Range 12 West, Cole County,Missouri, more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20; thence S88°15'29"E,along he Quarter ; . g Q Quarter Section Line, 292.78 feet to the point of beginning for j this description; thence continuing S88°15'29"E, along the Quarter Quarter Section Line, 26.23 feet; i thence S21°5 7'48"W, 54,33 feet; thence N06°3425"W, 51.52 feet to the point of beginning. i ALSO:A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter of Section 20,Township 44 North,Range 12 West, Cole County,Missouri,said 20 foot wide strip lying 10 1 feet either side of and adjacent to a centerline more particularly described as follows: I { From the northeast corner of the Southeast ! Quarter of the Northwest Quarter of said Section 20; thence N88°15'29"W,along the Quarter Quarter Section Line, 198.29 feet to the point of beginning for the centerline of this easement; thence 509'43'18"W, 22.51 feet; thence S64°17'04"W, 244.19 feet, . thence S15°40'31"W,292.61 feet;thence 503'34'00"W, 527.13 feet;thence S10°47'31"W, 217.93 feet to the point of termination. i ALSO:A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter and t part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 12 West, Cole County,Missouri,said 20 foot wide easement lying 10 feet either side of and adjacent to a centerline more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20; thence S01*32'05"W,along the Quarter Quarter Section Line, 869.49 feet to the point of beginning for the centerline of this easement; thence S82°56'33"E, 349.41 feet, thence S64°07'19"E, 342.69 feet; thence S54°39'57"E, 215.79 feet; thence S09°2947"E, 301.16 feet; thence S24°56'55"W, 268.32 feet to the point of termination. °ll A temporary easement for construction shall include a 50 foot wide area lying on both sides of the above described center line description (100 foot total width). This easement shall terminate upon the ' completion of construction, City acceptance of the project and one(1)year warranty period. I ri General Utility Easement De9rr9otion A strip of land 20 feet wide across part of the Northwest Quarter of the Southeast Quarter, and part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North, Range 12 West, ,.¢ Cole County, Missouri, said 20 foot wide easement lying immediately north of and adjacent to the northerly right-of-way line of MISSOURI STATE HIGHWAY"C", said right-of-way line being more •_ .,, particularly described as follows: From the northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 20; thence SO°40'19"W,along the Quarter Section Line,275.78 feet to the northerly right-of-way line of said <5r C:\traaf\raal eetata\ehrhnnllVvmirwt K901-final lr1wpd . 2 - � I HIGHWAY"C"; thence S88 001107"E, along said northerly right-of-way line, 6.79 feet to the point of beginning for the southerly line of this 20 foot wide easement: thence westerly, along the northerly right-of-way line of said HIGHWAY"C", the following courses, also being the southerly line of this easement:N88°01'07"W,23.67 feet;thence S80°08'34"W, 423.52 feet;thence westerly,on a curve to the left, having a radius of 2034.86 feet, an are distance of 106.64 feet, the chord of said curve b'aing S69°16'38"W, 106.53 feet; thence S58°47'05"W, 324.66 feet; thence S56°36'33"W, 205.21 feet; thence S55°35'48"W, 226.88 feet to Grantors westerly property line and the point of termination. In exchange for acquisition of the land and temporary and p Y permanent easements, City agrees to pay to Sellers �1 the considerations set out in paragraph 4. j. 2. Marketability of Title,. It is understood and agreed that the Property shall be conveyed with good, clear, marketable title as set forth i ! in Title Standard 4 of the Missouri Bar Association, subject to the following exceptions (hereinafter the "Permitted Exceptions"): (1) any covenants, restrictions, reservations, and easements of record; and (2) all i applicable zoning and building laws, regulations and ordinances. It is also understood and agreed that any other encumbrance or defect in the title which is within the scope of any of the Title Standards of the Missouri Bar shall not constitute a valid objection on the part of the City;provided the Sellers furnish the affidavits, or other title papers, if any, described in the applicable standard. , { 3. Fyiderace o_ £'l'itl�j i Prior to the Closing Date, the Sellers shall provide evidence of good and marketable title to the Property. Such evidence shall be provided through either of the following methods: A. Abstract of Title t� The Sellers shall promptly deliver to the City an abstract of title to said Property certified to date by a competent abstractor showing title marketable in fact vested in the Sellers and taxes, assessments .� judgments and mechanics'liens affecting g said Property,subject, however, to the Permitted Exceptions. If examination of said abstract reveals defective title, the City shall specify the objections in writing and deliver the same to the Sellers. The Sellers shall then have any such defects corrected within sixty (60) days from the date of delivery of such written objections, If any of said defects so noted are not corrected within sixty(60)days after delivery of such objections, then the Agreement shall be null and void, in which case any part of the Purchase Price already paid shall be returned to the City and the abstract returned to the Sellers. An defects Any appearing in the abstract and not objected to,except liens j of record which can be removed as of course by the payment of money,shall be deemed waived but only ! insofar as correction of the abstract is concerned. The abstract shall become the property of the City when the Purchase Price is paid in full;OR �r B. Title Insurance, In lieu of the Sellers furnishing such abstract of title for examination,the Sellers shall promptly deliver to the City a commitment to issue an owner's policy of title insurance. Any commitment made 1 hereunder shall be in an amount a y y t approved b the City, naming the City as the insured and issued by a title insurance company licensed to write title insurance in Missouri. Said policy shall insure the owner's title to be marketable in fact, subject to the Permitted Exceptions;and shall provide that the policy be issued immediately after the Sellers'General Warranty Deed is placed of record. C. cost. All costa associated with abstracts or title insurance shall be borne by the City. 4. Consideration- In full consideration of the conveyance of the Iand and easements set out in paragraph 1, and for all consequential and future damages which may result from this construction project, including,but not limited L:\Traci\roil alala\ahrhanflvrmlmcl Hui•rinal(r1.wp41 3 . in .. .. i . to,settling of the ground,seeding,fence replacement,crop loss and any and all unspecified damages, the lump sum amount of Nine Thousand Dollars($9,000.00). The City shall also provide a letter upon request concerning its willingness to utilize eminent domain powers to acquire the property interests set out in paragraph 1. The City hereby further agrees that if it is necessary to maintain, repair, inspect or access the sewers after construction, in the routine operation of the system and such activity results in disturbing the ground or surrounding areas, the City shall restore disturbed areas to their condition prior to such activity. i 5. Possession. Possession shall be immediately upon execution of this Agreement. At the time of execution of this Agreement, Sellers agree to execute the permanent construction easements with temporary construction easements as set C out in Attachment 1. At the time of execution of this Agreement, Sellers agree to execute the general utility i easement as set out in Attachment 2. 6. Inslection o£the Pro_Vertv_• t i The City,at its expense,shall have the right to conduct such investigations, inspections and inventories of the { Property as it deems reasonable or necessary. i 1 7. Time Is Of TU Imance. 1 Time is of the essence in this Agreement. If Sellers do not perform their obligations created in this Agreement ti in a timely fashion, the City reserves any other recourse or remedy against Sellers that is provided by law. 6• Paragraph Hg diuj 1� The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. .�� 9. No Broken. !. Each party hereto represents to the other that no real estate broker commission shall be due on the conveyance ? contemplated by this Agreement. ?{ 10. Laws of Mhmuri, This Agreement shall be construed according to the laws of the State of Missouri. Upon acceptance of this Agreement, the Sellers shall comply with all local, state, and federal laws and regulations related to the performance of this Agreement to the extent that the same may be applicable. 11. Entire Agreement, ; The entire Agreement between the Sellers and the City shall consist of this document. 12. Exhibits. k Attached to this Agreement as exhibits are the temporary construction easements(Attachment 1)and the form ± ^<s- of the permanent easements (Attachment 2). s - , r 'C:\ldei\ernl�wu\ehduolt4.ntrnd 17tM•CndOLwgl 4 1 ��t 7fH 4Ad'�YN�54Yf'Y.q,t`r.'ii5�7�p.;7rc+r`-`�r2;-:cv:'.rl"ea+oer3>s•., .«-. n'xn•--":a. ., ,i .... .. .., .. � i. it �' { it +". ,•. { i .` l < 'r y� z n 1 y cA; 'a:rl h t�1 IN ATITNESS WHEREOF,the Sellers have signed this Agreement on this� day of May, 1998. A SELLERS BUYER 'CLEO H.EHRHARDT AND MILDRED CITY OF JEFFERSON,MISSOURI M.EHRHARDT, HUSBAND AND WIFE, "1 AS TRUSTEES,OR THEIR SUCCESSORS �r. IN TRUST, UNDER THE CLEO EHRHARDT ' to AND MILDRED EHRHARDT REVOCABLE Mayor LIVING TRUST,DATED OCTOBER 9, 199b ATTEST: Cleo H. Ehrhardt 3j� •' � 6�'t/y r ity Clerk „j: APPROVED. FORM: i . Mildred M.Ehrhardt i City C nselor Yr f .t SFSa' s • r iblS t r I. 3, 1P s , } rsttt v t�� + (t G V+k'4en1 mllate�ehrh�nil�umlrnct IlR1H•fina111Y.wyt1 E 3 ?tc'+k§'�k•'�St" 7Gii.d..�+.W.Pi°ivlt� ,:drt c:.k cc ! :. - t :s�, !; i11�,4'r� rs, S '� 4•»9+'aUtGS9s4+{Sgv l�`cakQ*'r+'k !+, 5 11��'t. �! r 74SYsS+G<+$+''�'.tatiat,53,Fx c i``�!�{:e. y.5 a w '�t t r f �w.¢3't•,�f!l{�i��� t�Y�c !r "� x � t51 �7x t t � ���'li �y.Cy y �'Y `"4{'A.' yf' y � `'I t•” f 'v r 2 f't i X.� {; )ti+7�},�1rMil�tirbx�lL h4},y s.,» r ; y:. -• n .-�F�Y. �Y'��31¢�'�a'4�`K}.��'�•, !' :(t, :E ,,. � .• ++ .�.n,• } �,.,,+ r F� {l. 5 ltt f.. } se td '�i�� r ATTACHMENT 1 ..f SANITARY SEWER EASEMENT THIS INDENTURE,Made on the 449 day of� _, 19,E,Fby and between Cleo H. Ehrhardt and Mildred M. Ehrhardt, husband and wife, as Ti st�r their successors in trust under the Cleo Ehrhardt and Mildred Ehrhardt revocable living trust dated October 9, 1995, of the County of Cole, in the State of Missouri, Parties of the First Part, and the City of Jefferson, Missouri, a municipal corporation, of Cole County, Missouri, Party of the Second Part; WHEREAS the parties of First Part are the duly appointed, qualified, and actin trustees under. trust P Y PP + q g { instrument dated October 9, 1995; and WHEREAS, Article 17, Section 3, of the Trust Instrument gives the parties of the First Part a general power of sale of the below described real estate; WITNESSETH,That the said Parties of the First Part in consideration of the sum of One Dollar and other valuable considerations to them paid by the said Party of the Second Part, the receipt of which is hereby acknowledged,do,by these presents Deed, Convey and Transfer unto the said Party of the Second part, an easement for it, its agents, employees and contractors, to excavate within, install, construct, maintain, repair, and service a sanitary sewer and manholes for the routing and conveyance of sanitary sewage in, under and through the following described land in the City of Jefferson, County of Cole, State of Missouri, to-wit: A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter of Section 20,Township 44 North,Range 12 West, Cole County, Missouri, said 20 foot wide strip lying 10 foot either side of and adjacent to a centerline being more particularly 1 described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section s 20;thence S88°15'29"E, along the Quarter Quarter Section Line, 330.39 feet to the point of f beginning for the centerline of this easement; thence S21°57'48"W, 55.47 feet; thence S06 034'25"E, 537.10 feet; thence S08°2938"W, 320.16 feet to the point of termination. ALSO: A strip of land across part of the Southeast Quarter of the Northwest Quarter of i Section 20, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20;thence S88°15'29"E, along the Quarter Quarter Section Line, 292.78 feet to the point of beginning for this description; thence continuing S88°15'29"E, along the Quarter Quarter Section Line, 26.23 feet; thence S21°57'48"W, 54.33 feet; thence N06°34'25"W, 51.52 feet to the point of beginning. ALSO: A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter of Section 20, Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide strip lying 10 feet either side of and adjacent to a centerline more particularly described as follows: From the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 20;thence N88 115'29"W, along the Quarter Quarter Section Line, 198.45 feet to the point of beginning for the centerline of this easement; thence S09°43'18"W, 22.51 feet; thence S64 017'04"N%I, 244.19 feet;thence S15°40'31"W, 292.61 feet;thence S03°34'00"W, 527.13 feet; thence S10 047'31"W, 217.93 feet to the point of termination. A! CAtr&d\real estate\ehrhardt\eaxmeat 01.apd I i x. t rR ATTAC11MENT I ALSO: A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter and part of the Northeast Quarter.of the Southwest Quarter of Section 20,Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide easement lying 10 feet either side of and adjacent to a centerline more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20; thence SO1°32'05"W, along the Quarter Quarter Section Line, 869.49 feet to the point of beginning for the centerline of this easement; thence S82°56'33"E, 349.41 feet, thence S64"07'19"E, 342.69 feet; thence S54 039'57"E, 215.79 feet; thence S09n29'47"E, 301.16 feet; thence S24°56'55"W, 268.32 feet to the point of termination. I 1 COST OF CONSTRUCTION AND MAINTENANCE. The Party of the Second Part shall be responsible for all costs necessary to construct and maintain said sewers and utilities and for all costs necessary to keep the same in a reasonable ste of repair. ` . DAMAGE REPAIR & RESTORATION. All areas distur bed by the Part•y of the Second Part due to construction, maintenance, or other permitted activities shall be restored to at least their prior condition. i Restoration work shall be promptly completed. i TO HAVE AND HOLD,with all rights, immunities,privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the (.Party) (Parties) of the First Part nor their heirs, grantees, assigns, or successors, nor any person or persons for them or in their name or behalf, shall hereafter make any use of the above-described premises in a manner that is ; inconsistent with, or in any way interferes with the use by Second Party of, the easement herein deeded, i conveyed and transferred to the Party of the Second Part. I I ' IN WITNESSETH WHEREOF,the said (Party) (Parties)of the First Part have hereunto set their hands 1 j and seals the day and yeax first above written. 1 CLEO EHRHARDT and MILDRED EHRHARDT,as Trustees,or their successors in trust,under the C1,EO i ` EHRHARDT and MILDRED EHRHARDT REVOCABLE LIVING TRUST, dated October 9, 1935. l - bleo H. Ehrhardt Mildred M. Ehrhardt STATE OF MISSOURI ) ss COUNTY OF!� ) 't On this day of.� 1998, before me personally appeared Cleo H.Ehrhardt and Mildred i M. Ehrhardt, TRUSTEES OF THE CLEO EHRHARDT AND MILDRED EHRHARDT REVOCABLE F i LIVING TRUST U/T/A DATED OCTOBER 9, 1995, to me known to be the persons described in and who executed the foregoing instrument,and acknowledged that they executed the same as their free act and deed K as such Trustees. They further acknowledged that the Trust Agreement is in full force and effect at this time, and the Trust Agreement has never been amended or revoked. ;. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal the day and i year first above written. AMY Y.DARNOLD ax '. Notary Public-Notary Seal �4 STATE OF MISSOURI County of Cole Notary Pub is <,:r My Commission Expires June 30,2001 ry f - 2 - f, C:\tred\rea'l estate\ehrhardt\eawment 01.wpd N i ' a {t y {x i�lY�w'k4atiN .''( �5.�'s4X'Et*na'.x^n*:? gin+:z.:• .,. -:'t,' ,•.,.ys r. ,. .. S °• .. ' ."..••,: ' '� :K:<-...^S ..fry' x. � r �. ""�.i�y��la'�sti`.`{:.. fr a i I AT'TAC'HMENT 2 GENERAL UTILITY EASEMENT THIS INDEN`T'URE,Made on the day of , 194 by and between Cleo H. Ehrhardt and Mildred M. Ehrhardt, husband and wife, as Tr tees, or their successors in trust under the Cleo Ehrhardt and Mildred Ehrhardt revocable living trust dated October 9, 1995, of the County of Cole, in the State of Missouri, Parties of the First Part, and the City of Jefferson, Missouri, a municipal corporation, of Cole County, Missouri, Party of the Second Part; i WHEREAS, the parties of the First Part are the duly appointed, qualified, and acting trustees under trust i instrument dated October 9, 1995; and i WHEREAS, Article 17, Section 3, of the Trust Instrument gives the parties of the First Part a general power of sale of the below described real estate. f 3 WITNESSETH,That the said Parties of the First Part in consideration of the sum of One Dollar and other valuable considerations to them paid by the said Party of the Second Part, the receipt of which is hereby acknowledged, do, by these presents Deed, Convey and Transfer unto the said Party of the Second part, an easement to excavate within, install,construct, maintain, repair, and service utilities in general, in, under and through the following described land in the City of Jefferson, County of Cole, State of Missouri, to-wit: .A strip of land 20 feet wide across part of the Northwest Quarter of the Southeast Quarter, and part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North,Range 12 West, Cole County, Missouri, said 20 foot wide easement lying immediately -- north of and adjacent to the northerly right-of-way line of MISSOURI STATE HIGHWAY "C", said right-of-way line being more particularly described as follows: s From the northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 20;thence SO°40'19"W, along the Quarter Section Line, 275.78 feet to the northerly right-of- way line of said HIGHWAY"C";thence S88°01'07"E, along said northerly right-of-way dine, r' 6.79 feet to the point of beginning for the southerly line of this 20 foot wide easement: thence westerly, along the northerly right-of-way line of said HIGHWAY"C", the following courses, also being the southerly line of this easement: N88°01'07"W, 23.67 feet;thence S80°08'34"W, 423.52 feet; thence westerly, on a curve to the left, having a radius of 2034.86 feet, an are distance of 106.54 feet, the chord of said curve being S69°16'38"W, 106.53 feet; thence , S58 047'05"W, 324.66 feet;thence S56°36'33"W, 205.21 feet; thence S55°35'48"W, 226.88 feet to Grantors westerly property line and the point of termination. COST OF CONSTRUCTION AND MAINTENANCE. The Party of the Second Part shall be responsible for all coats necessary to construct and maintain said sewers and utilities and for all costs necessary to keep the same in a reasonable ste of repair. t i� DAMAGE REPAIR & RESTORATION. All areas disturbed by the Party of the Second Part due to construction, maintenance, or other permitted activities shall be restored to at least their prior condition. ; k Restoration work shall be promptly completed. i TO HAVE AND HOLD,with all rights, immunities,privileges and g g appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the Parties of the First f Part nor their heirs, grantees, assigns, or successors, nor any person or persons for them or in their name or behalf, shall hereafter make any use of the above-described premises in a manner that is inconsistent with,or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and transferred to the Party of the Second Part. f CAtrad\real estate\ehrhardt\casement•general utility.wpd ;. r :! t� .47. t' a, t tb { ATTACHMENT Y 8 IN WITNESSETH WHEREOF the said (Party) (.Parties) of the First Part ha ty � _hereunto set � _� r hand L and seal a the day and year first above written, CLEO EHRHARDT and MILDRED EHRHARDT,as Trustees,or their successors in trust,under the CLEO EHRHARDT and MILDRED EHRHARDT REVOCABLE LIVING TRUST, dated October 9, 1995. Cleo H.Ehrhardt Mildred M. Ehrhardt ! STATE OF MISSOURI ) ss �9 t COUNTY OF , r On this q day of^ 1998,before me personally appeared Cleo H. Ehrhardt and Mildred M. Ehrhardt, TRUSTEES OFF THE CLEO EHRHARDT AND MILDRED EHRHARDT REVOCABLE LIVING TRUST U/T/A DATED OCTOBER 9, 1995, to me known to be the persons described in and who executed the foregoing;instrument,and acknowledged that they executed the same as their free act and deed "t as such Trustees. They further acknowledged that the Trust Agreement is in full force and effect at this time, and the Trust Agreement has never been amended or revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal the day and # year first above written. AMY Y.DARNOLD Notary Public-Notary Seal STATE OF MISSOURI ' ,T t '�;•��-' '' County of Cole o ;• My Commission Expires June 30,2001 Notary Pu lic a. 1. # �• r ,sir �• 4 � ;G #. r rat ' C:\ftAci\rnal estate\ehrhardt\easement•general uUlity.ropd 2 " V4 \ ran�eees;� - � - mnr�.�� � � r� �e.�. _•'3 t 3 f1 r..E'J,r.,it.. .:L+v} r 1 . i •r ie •• i SANITARY SEWER EASEMENT THIS INDENTURE,Made on the I"day and Mildred M. Ehrhardt, 3' 1 � by and between Cleo H. Ehrhardt ardt, husband and zs�ife, as Tru tees, or their successors in trust under the Cleo Ehrhardt and Mildred Ehrhardt revocable living-trust dated October 9, 1995, of the County of Cole, in the State of Missouri, Parties of the First Part, and the City of Jefferson, Missouri, a municipal corporation, of Cole County, Missouri, Party of the Second Part; WHEREAS, the parties of the First Part are the duly appointed, qualified, and acting trustees under trust instrument dated October 9, 1995; and WHEREAS, Article 17, Section 3, of the Trust Instrument gives the parties of the First Part a general power of sale of the below described real estate; WITNESSETH,That the said Parties of the First Part in consideration of the sum of One Dollar and other valuable considerations to them paid by the said Party of the Second Part, the receipt of which is hereby acknowledged, do, by these presents Deed, Convey and Transfer unto the said Party of the Second part, an easement for it, its agents, employees and contractors, to excavate within, install, construct, maintain, i repair, and service a sanitary server and manholes for the routing and conveyance of sanitary sewage in, ` } under and through the following described land in the City of Jefferson, County of Cole, State of Missouri, J to-wit: A strip of land 20 feet wide across art ' p of the Southeast Quarter of the Northwest Quarter f of Section 20, Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide strip lying 10 foot either side of and adjacent to a centerline being more particularly „ . described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20;thence S88°15'29"E, along the Quarter Quarter Section Line, 330.39 feet to the point of beginning for the centerline of this easement; thence S21 057'48"W, 55.47 feet; thence S06 034'25"E, 537.10 feet,thence S08 12938"W, 320.16 feet to the point of termination. ALSO: A strip of land across part of the Southeast Quarter of the Northwest Quarter of Section 20, Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Sect ion 20;thence S88°15'29"E, along he Quarter 292.78 feet to the point of g Q Quarter Section Line, beginning fbr this description; thence continuing S88°15'29"E, along the Quarter Quarter Section Line, 26.23 feet;thence S21 057'48"W, 54.33 feet;thence N06°34'25"W, 51.52 feet to the point of beginning. ALSO:A strip of land 20 feet wide across part of the Southeast uarter of the Northwest Quarter of Section 20, Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide strip lying 10 feet either side of and adjacent to a centerline more particularly described as follows: `t l` From the northeast corner of the Southeast Quarter of the Northwest Quarter of said.Section 20;thence N88°15'29"W, along the Quarter Quarter Section Line, 198.45 feet to the point of beginning for the centerline of this easement; thence S09°43'18"W, 22.51 feet; thence S64 017'04"W, 244.19 feet;thence S15 040'31"W, 292.61 feet;thence S03°34'00"W, 527.13 feet; thence S10°4731"W, 217.93 feet to the point of termination. C:\trad\real estate\ehrhardt\eaaement ol,rrpd � cop� r i 1 � R9�i��a �1�1Rft/( aaaaaa»nwat�iOr r�■v r �i- - - �__ _ _-_____ -. . . _ ALSO: A strip of land 20 feet wide across part of the Southeast Quarter of the Northwest Quarter and part of the Northeast Quarter of the Southwest Quarter of Section 20,Township 44 North, Range 12 West, Cole County, Missouri, said 20 foot wide easement lying 10 feet ! either side of and adjacent to a centerline more particularly described as follows: From the northwest corner of the Southeast Quarter of the Northwest Quarter of said Section 20;thence S01°32'05"W, along the Quarter Quarter Section Line, 869.49 feet to the point of beginning for the centerline of this easement; thence S82°56'33"E, 349.47 feet, thence S64 007'19"E, 342.69 feet; thence S54°39'5 7"E, 215.79 feet; thence S09°29'47"E,301.16 feet; thence S24°56'55"W, 268.32 feet to the point of termination. COST OF CONSTRUCTION AND MAINTENANCE. The Party of the Second Part shall be responsible for all costs necessary to construct and maintain said sewers and utilities and for all costs necessary to keep the same in a reasonable ste of repair. 7 .'r' DAMAGE REPAIR & RESTORATION. All areas disturbed by the Party of the Second Part due to construction, maintenance, or other permitted activities shall be restored to at least their prior condition. Restoration work shall be promptly completed. TO HAV1i:AI�,"D HOLD,with all rights, immunities,privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained, so that neither the (Party) (Parties) of the First Part nor their heirs, grantees, assigns, or successors, nor any person or persons for them or in their name or behalf shall hereafter make any use of the above-described premises in a manner that is inconsistent with, or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and transferred to the Party of the Second Part. pp IN WITNESSETH WHEREOF,the said (Party) (Parties) of the First Part have hereunto set their hands and seals the day and year first above written. CLEO EHRHARDT and MILDRED EHRHARDT, as Trustees, or their successors in trust,under the OLEO EHRHARDT and MILDRED EHRHARDT REVOCABLE LIVING TRUST, dated October 9, 1995. re Cleo H. Ehrhardt Mildred M. Ehrhardt STATE OF MISSOURI ) ss COUNTY OF � ) f On this q-6 day of 1998, before me personally appeared Cleo H. Ehrhardt and Mildred M. Ehrhardt, TRUSTEES OF THE CLEO EHRHARDT AND MILDRED EHRHARDT REVOCABLE LIVING TRUST U/T/A DATED OCTOBER 9, 1995, to me known to be the persons described in and who . executed the foregoing instrument,and acknowledged that they executed the same as their free act and deed as such Trustees. They further acknowledged that the Trust Agreement is in full force and effect at this time, and the Trust Agreement has never been amended or revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. AMY Y,DARNOLD Notary Public-Notary Seal STATE OF MISSOURI County of Cole Irliju^� My Commission Expires June 30,2001 Notary Public CA traei\realestate\ehrhardt\eaaement 01.wpd - 2 , C(OPY r �.a'. " fir'. a .. I .. ' I '% . .d-a. ........... ... ....._._v._._.. ..-_._.__.... _._..�_.._... ,. ... . - . .d" tar . .. . s :.'�k' - I I . . — I I . . � I . ' '. � , _ I I - I I . I I I � I 1. !. 1,, 11- I :j , . I � I � I I . . .: . .. I I I I 11 I I I I � .: - — , .�� , I ,, I . I­ I I � I 11 I . I � I � I . ,. � �- y ,�� r ; 11, , ,; fR I µrt�t� ", }1 .. pp S .v .. : .. ) 'I I ­ � I I I , :� . , , ., p � � ,, I � I . .1 _: I �i � 11 � ,� ,,, .. . ry. -, .,I 1.� I I ''I I I� . I I I ., � . �.. 1. 11 'I., I � 1.I , I,� I I I I � � . ��I ,� ­ 1, I I I I , - � ��,I I �I� I ­ I I I ��. � .. ,. ' . f 1. t . ' :, .. - . ; n .. : _ 1 .. n Lr I �Ft 4 . ti {{ .. .. c. ,,.. �l I .. ': ' _r s, } , . t, ' - '._' f . C j , , It .. •t 'j _ z, , p,,, :. .- ';.. ,... y �. .. { 7 ;•'� .> I . I .. .. ... .off 1.k::' . .. .. . r':- i. k i r .I rs.. t ( t li s. y f ,�3 ,f .A s r ky y+ 1 W L 0. 0s8 � ? zl �� t t ,g a mi y } rr ,ST�k r_ ur t1i550UR1 � '�� ` � ``°,. F ,r z s I>n � { t .. ?r t CO, iI T lii /�yry c F r... -iJ ,F ><A F '.411�E " ! .; ' a,i,C., >.�a e'a 4i s 9 11 f } tj.� r �� t. i)11 I .,g 5 " i x } F } a �. 4 r r% yi 4 I'll r i ,� ' �J.. �V ly .l 1 z I. (lF t YI - 'w7'1f ll.t y�o�, /' .4':,, ,t S ��. ' .. =I. a . - e 11 f �. �,. .., y ,y{ y I' I,L: -„�'�/' ! yy '��"VR'• - .Ir t,'.' .I•:• .•as r4.,,4t +i f,'.,M7+i Deb-a n�2.5�1.Tlepu!y V 3 r k ` °� / 1 r�^^z U 9 _ y { :. n �,� , t ,Glk5 I a a'S rF .: i tl r t `I�y f ', ,$r3 IN c Y } i ,t i F , i 9% "''s`�o t Y 7 ly n .,a r Vr - r i 1, x'dp•,t�M(L k:5 t 3 i. i G9¢, ,4 k T It the 1 ., l i,a ' - f ii y 1 e., ° .t:;Jt t ii., .!r of ��}'� '. ? rfYa.TI S ?r'{ — _ t t _ t - _ `t.i., ,, ,.�F .c s'I...', !!.s..,.�al.•5:.-....<iA.±`a^s,4i,J ;s 4 GENERAL WARRANTY DEED h.. THIS INDENTURE, Made on the , day of May, 1998, by and between Cleo H. Ehrhardt and Mildred M. Ehrhardt, husband and wife, as.trustees, or their successors in trust, under the Cleo Ehrhardt and Mildred Ehrhardt Revocable Living Trust, dated October 9, 1995, of the County of Cole, State of Missouri,parties of the First Part, and the City of Jefferson, Missouri, a municipal corporation, (mailing address 320 East McCarty Street, Jefferson City, Missouri, 65101), of the County of Cole, in the State of Missouri, party of the Second Part: WHEREAS, the parties of the First Part are the duly appointed, qualified, and acting trustees under j trust instrument dated October 9, 1995; and WHEREAS,Article 17, Section 3, of the Trust Instrument gives the parties of the First Part a general power of sale of the below described real estate. I WITI\TSSETH: That the said parties of the First Part in consideration of Ten Dollars ($10.00), and j other valuable considerations, to it paid by the said party of the Second Part, the receipt of which is hereby acknowledged,do by these presents, GRANT, BARGAIN,AND SELL, CONVEY AND CONFIRM ' unto the said party of the Second Part, its successors and assigns, the following described lots, tracts or i parcels of land lying, being and situated in the County of Cole, State of Missouri, to wit: fPart of the Northeast Quarter of the Southwest Quarter of Section 20,Township 44 North, Range 12 West, Cole County, Missouri, more particularly described as follows: From the northwest corner of the Northeast Quarter of the Southwest Quarter of said i Section 20; thence S88°01'04"E, along the Quarter Section Line, 786.56 feet; thence f S1°58'56"W,321.04 feet to the Point of Beginning for this description;thence S31°1255"E, 110.00 feet to a point on the northerly right-of-way of Missouri State Route C; thence S58°47'05"W, along the northerly right-of-way line of said Missouri State Route C, 150.00 feet; thence leaving the northerly right-of-way line of said Missouri State Route C, N31°12'55"W, 110.00 feet; thence N58°47'05"E, 150.00 feet to the point of beginning. Containing 0.38 of an acre. 60'INGRESS EGRESS EASEMENT ` Part of the Northeast Quarter of the Southwest Quarter of Section 20,Township 44 North, � Range 12 West, Cole County, Missouri, more particularly described as follows: ; From the northwest corner of the Northeast Quarter of the Southwest Quarter of said Section 20; thence S88°01'04"E, along the Quarter Section Line, 786.56 feet; thence S1 058156"W, 321.04 feet;thence S31°12'55"E, 110.00 feet to a point on the northerly right- of-way of Missouri State Route C; thence S58°4 7'05"W, along the northerly right-of way ► i line of said Missouri State Route C, 150.00 feet to the Point of Beginning of this ' description;thence S58°47'05"W, continuing along the northerly right-of-way line of said Missouri State Route C, 157.55 feet;thence leaving the northerly right-of-way line of said Missouri State Route C,N31°1255"W,60.00 feet;thence N58°47'05"E, 157.55 feet;thence S310 12'55"E, 60.00 feet to the point of beginning. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining, unto the said party of the Second Part and unto its successors and assigns FOREVER, the said parties of the First Part hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises herein conveyed; C;*w'Vcal aweWvha Awvrenry deed wpd Py t � v w f that it has good right to convey the same;that the said premises are free and clear of any incumbrances done or suffered by it or those under whom it claims and that it will warrant and defend the title to said .. against premises unto the said party of the Second Part, and unto its successors and assigns FOREVE R, w the lawful claims and demands of all persons whomsoever. `i IN WITNESS WHEREOF,the said parties of the First Part has hereunto set its hand and seal the day and year first above written. CLEO H. EHRHARDT AND MILDRED Al. EHRHARDT, husband and wife, as trustees, or their successors in trust, under the CLEO EHRHARDT and MILDRED EHRHARDT REVOCABLE LIVING TRUST, dated October 9, 1995. Cleo H. Ehrhardt I Mildred M. Ehrhardt r STATE OF MISSOURI ) ��,� ss i COUNTY OF R On this 9`t day of 1998, before me personally appeared Cleo H. Ehrhardt and { Mildred M. Ehrhardt, TRUSTEE9 TRUSTEE OF THE CLEO EHRHARDT AND MILDRED EHRI-L&RDT REVOCABLE LIVING TRUST U/T/A DATED OCTOBER 9, 1995, to me known to be the persons i described in and who executed the foregoing instrument,and acknowledged that they executed the same } as their free act and deed as such Trustees. They further acknowledged that the Trust Agreement is in full force and effect at this time, and the Trust Agreement has never been amended or revoked. ` i IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day " ? and year first above written. AMY Y.DARNOLD Notary Public-Notary Seal STATE OF MISSOURI " County of Cole Notary Public My Commission Expires June 30,2001 r _ 00g $ �I8 ST,, 11F .tdfS50URl C;?i!t;'i ; �r �pLE C(or P Yry 3 V—(O S/c3 hasp,,Deputy t , 3; Py �4nr ' Z GENERAL UTILITY EASEMENT THIS INDENTURE,Made on the � `day of 10A by and between Cleo H. Ehrhardt and Mildred M. Ehrhardt, husband and wife, as Trus es, or their successors in trust under the Cleo # Ehrhardt and Mildred Ehrhardt revocable living trust dated October 9, 1995, of the County of Cole, in the State of Missouri, Parties of the First Part, and the City of Jefferson, Missouri, a municipal corporation, of Cole County, Missouri, Party of the Second Part; _ VN'HEREAS,the parties of the First Part are the duly appointed, qualified, and acting trustees under trust instrument dated October 9, 1995; and WHEREAS, Article 17, Section 3, of the Trust Instrument gives the parties of the First Part a general power of sale of the below described real estate. i ' WITNESSETH,That the said Parties of the First Part in consideration of the sum of One Dollar and other i; valuable considerations to them paid by the said Party of the Second Part, the receipt of which is hereby i acknowledged, do,by these presents Deed, Convey and Transfer unto the said Party of the Second part, an easement to excavate within, install,construct, maintain, repair, and service utilities in general, in, under ity of Jefferson, County of Cole, State of Missouri, to-wit: and through the following described land in the C A strip of land 20 feet wide across part of the Northwest Quarter of the Southeast Quarter, : '4t and part of the Northeast Quarter of the Southwest Quarter of Section 20, Township 44 North,Range 12 West, Cole County,Missouri, said 20 foot wide easement lying immediately north of and adjacent to the northerly right-of-way line of MISSOURI STATE HIGHWAY ' "C", said right-of-way line being more particularly described as follows: i From the northeast corner of the Northeast Quarter of the Southwest Quarter of said Section 20;thence S0'40'19"W, along the Quarter Section line, 275.78 feet to the northerly right-of- way line of said HIGHWAY"C"; thence S88°01'0 7"E, along said northerly right-of-way line, 6.79 feet to the point of beginning for the southerly line of this 20 foot wide easement:thence westerly, along the northerly right-of-way line of said HIGHWAY"C",the following courses, also being the southerly line of this easement: N88°01'07"W, 23.67 feet;thence S80'08'34"W, i 423.52 feet; thence westerly, on a curve to the left, having a radius of 2034.86 feet, an arc $ distance of 106.54 feet, the chord of said curve being S69°16'38"W, 106.53 feet; thence -S58 047'05"W, 324.66 feet;thence S56°36'33"W, 205.21 feet;thence S55°35'48"W, 226.88 feet to Grantors westerly property line and the point of termination. COST OF CONSTRUCTION AND MAINTENANCE. The Party of the Second Part shall be responsible for all costs necessary to construct and maintain said sewers and utilities and for all costs necessary to keep the same in a reasonable ste of repair. a DAMAGE REPAIR, '& RESTORATION. All areas disturbed by the Party of the Second fart due to ; construction, maintenance, or other permitted activities shall be restored to at least their prior condition. .' Restoration work shall be promptly completed. TO HAVE AND HOLD,with all rights, immunities,privileges and appurtenances necessary to the Party of the Second Part in exercising its right of easement herein obtained,so that neither the Parties of the First Part nor.their heirs, grantees, assigns, or successors, nor any person or persons for them or in their name or behalf, shall hereafter make any use of the above-described premises in a manner that is inconsistent with,or in any way interferes with the use by Second Party of, the easement herein deeded, conveyed and .`; transferred to the'Party of the Second Part. ! C:\tracl\ e1 estate\ehrherdt\essemeat•general utilitY.Myd Lawl" re t a t F 4 IN'4'VITNESSETH WHEREOF, the said (Party) (Parties) of the First Part haves hereunto set hand and sealer the day and year.first above written. u �� CLEO EHRHARDT and MILDRED EHRHARDT,as Trustees,or their successors in trust, under the CLEO I EHRHARDT and MILDRED EHRHARDT REVOCABLE LIVING TRUST, dated October 9, 1995. Cleo H. Ehrhardt Mildred M. Ehrhardt ---- —_-------- ---------- STATE OF MISSOURI ) s ss COUNTY OF Cble ) i On this g 1' day ofhllQ , 1998, before me personally appeared Cleo H. Ehrhardt and Mildred M. Ehrhardt, TRUSTEES OF THE CLEO EHRHARDT AND MILDRED EHRHARDT REVOCABLE ' j LIVING TRUST U/T/'A DATED OCTOBER 9, 1995, to me known to be the persons described in and who i executed the foregoing instrument,and acknowledged that they executed the same as their free act and deed as such Trustees. They further acknowledged that the Trust Agreement is in full force and effect at this time, and the Trust Agreement has never been amended or revoked. 3 " IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. 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'f -.4.77� e„ j'a I /� / t \{' :i, i`' 1 y \ 1 1; i/," r," t_ ,f :. {' _a,`' j t 11:\: `,� _ .+t :?,,. / •/ f > 1 ,I ~.(� :,i.-r a \,. •, •;,i_io ' .,- ,I (, .\,' /`" o.` _ f .'�t' 1/ 1. i• �" ';t ;`�' !!- ',p•.. ''f:` ..:.t 'f' ',}• .i 11':, o//:.i: •.\, .•\. •"I, ,, ` \v� _,.J..\I�r\ •n \. .fl \' -:,� \ ���/ y\ !.� J "\/ 1'.1 ' •/(..; ,,./., ''y _ 1, :A \•f I. j 1 t l i.:< '•. -, \ ->'' ,,'-� 1 .� � 1 I'~ `J •t..� . ; , / I l`` / -L. /.' 1. ,c. : ,I. J. ` f �,, �, !/,. �\ `' Y ,�\ ' t / / ,1. . .0. 'f .. _ ,'I .^'1 \I\. \' ,a-`1- \1; 1']i I T ", 1.. a I I i 1. ,i- 'I--: . " •\I; .I..�;r/J ..\:.'. '•` .r �, ,:.4 ',, .1. /^-L.,;'" 4 �:�I ;r - !• f _\ . ,�.. ''�.• ! {/?. .-j .I i .,\ .,' .i_ It! , 'j�'.r .{..i.:.,r'I,,...\ it ` 1 ` - , • - 'tip_, }.. __1 .�, ,\I. .� •/ \/.'` �f. .,, tii.f- ,p\ ±♦ti'tiA .�\ .. .'�[';I• rt ,r'. 'I•• 1 4 Y L J I ,d-°. `o r .. �' y /-. ., , r 1 `,\ �� rl�•,:. tr,_ J Y1 1. \ 'ri I 1J IrJ ,' / > {I •Or v' / \; 1 .i J "''i r \ el � �zla'%l/ 1�4,C•. �',�. - �. .. ,/.,' \\.� _ 'l. F '7, / \' / N , / .4_. •\ .;>. i• ' t - �'V y, ,' it-,-,;/;:/,.! ;\,;:,; ;. '1 Lr rr `\_-\ - '\ V, .\' . 1 , ,I' I' I,'i\' t I _\ I-\� J` t,,+ ' f, "1\:Y /• .J / (I I� -/,;I;a .. /„ n ♦ __ - '\ / " 1 / ,, ! \' �'."1 ! 1 ' \•: ', \ .1, .'1..•I I.. �r\t7. ';_ ..J: ''`a,•, 1': 1 I I ,I 1; \ . 1\_` i. '1 I'.n �T \ Y 6' ~ '% J•,, r. _ !r 'a 1 ..� ,•... / ,. .{, 'r: I` a t ,1! .•\ .f\ \� :y, ,� \ '.. , 'I i'i.0 1. 'I. \. L,\,i' .r,1' :Y { �1 >' "' l</ A ♦ 1 I' I I. I \ 1 \ IJ• . ,'-%i 1 . �. r)','' .i.,, (,.,J/ 7M .f t 1' ,1. f 1 �� r., f I ''/'_I1i ♦ti 1 1•?`y'1' ''+ 1 ' I i ♦'l 11 k -W. : . .I i ". uit� of Jefferson ¢� d :wane Schreirntzl►sn # l M 4, 1 r M.a�yor Y - - ----Department of Pub k Works Martin A.Prose,PE,Director 320 E.McCarty Street Phone:(573)634-8440 Jefferson Ctty,MO 65101 Fax:(573)MI-6457 • �I April 14, 1998 E Mr. Dan Rhea 1'; Dan Schnieders,.Excavating Company, Inc. ,`y; 1307 Fairgrounds Road f Jefferson City, M4 65109 i RE: Project No. 31040 -Covington Gardens Interceptor Sewer and Force Main '! t Dear Mr. Rhea: ri Enclosed for your records,please find a fully executed copy of the contract between your company 1 and the City of Jefferson for the above referenced project. I �77) .. Also, please find enclosed for your use and the use of your subcontractors(if any)for the purchase -of materials to be.utilized on the above referenced project the following documents: 1. Missouri Project Exemption Certificate 1 2. A copy of the City's Missouri Tax Exemption Letter j . In using these documents to purchase materials, please read and follow the appropriate i "Instructions"as included at the bottom of the Missouri Project Exemption Certificate. f By separate cover you will be issued a "Notice to Proceed".. Should you have other questions, r please advise. i. Sincerely, Thomas B. Jones, t Wastewater Utilities Divi n Dire r r Enclosures 1 * I) C:. Ntarty Brose x " Central File A City Clerk , c, f E x: .�.�R�. -_w•���lii�l�rWelO�Ird�IDl�f•r•'sttr• - f _ ,�{. ..—��___F? ..- ., c. i A`E i � • INDEMNITY CORPORATION Madison, Wis. 53705-0900 (a Stock Company, organized under the laws of Wisconsin) INSURANCE k'VIEWO 'C PERFORMANCE BOND #730948 KNOW ALL MEN BY THESE PRESENTS: That NATSCH & COMPANY, INC. (Name and address of the Contractor P. 0. BOX 105)08 JEFFERSON CITY MO 65110-5108 ! as Principal, hereinafter called Conlractor, and CAPITOL INDEMNITY CORPORATIOf<I as Surety, hereinafter called Surety, ; ere held and firmly bound unto I � CITY OF JEFFERSON (Name and aJJress a the ner 320 EAST MC CARTY STREET, JEFFERSON CITY, MO 65101 , 1 as Obligee, hereinafter called Owner, in the amount of i TWO THOUSAND ONE HUNDRED TWE M ONE AND 00/100 __ t for the payment whereof Contractor and Surety bind themselves, their Heirs executors, administrratorrss suc esso?sland assigns, jointly and severally, firmly by these presents, x WHEREAS, Contractor has by written agreement dated 17 MARCH 1998 entered into a contract with Owner for REPAIR OF BUILDING SOFFIT/FACIA AT JEFFERSON CIr['Y POLICE DEPARTMENT f %! in accordance with drawings and specifications prepared by I . CITY OF JEFFERSON (Full name of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully per- ' i form said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ! The Surely hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner'havin Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly gPerfarmed (1) Complete the Contract In accordance with its forms and condlllons, u, (2) Obtain o bid w bids for completing the Contract In accordance with its forms and conditions, and upon determination by Surely of the lowest responsible bidder, or, If the Owner elects, upan determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for n contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a j succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficlanl ' funds to pay the cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the surely may be liable hereunder, the amount set forth. In the first Paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. 0 suit under this bond must be instituted before the expiration of two (2)years from the date on which final payment ^+ under the contract falls due. 1%right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner rc►emed herein or the heirs, executors, administrators or successors of Owner. Signed and seeled"this 17 _ MARCH ` day of A.D. 19 9a . . NATSCH & COMPANY, I NC. _ _(SEAL) >1A Witness OQl�.-^ (SEAL) (Pr'in c T p—paT i•�„'<<: (SEAL) s` (Title) CAPITOL INDEMNITY CORPORATION a Wisconsin Corporation, (Surety) Witness_ tt-t..�r.� u . ZtERR[ANN ' (SEAL) B. BLASSIE ' •Tit ej FORM AIA DOC,•A.311 CONT.202.5•'70 r i a° V09"INDEMNITY CORPORATION __..._ i 4610 UNIVERSITY AVENUE, SUITE 1400, MADISON, WISCONSIN 53705.0900 ; PLEASE ADDRESS REPLY TO P,O. BOX 5900, MADISON,WI 537050900 r PHONE (608)231.4450 • FAX(608)231.3125 } s f ) t LABOR AND MATERIAL PAYMENT BOND #730948 r KNOW ALL MEN BY THESE PRESENTS: That NATSCH & COMPANY, INC. .r ! (Name and address of the Contractor) 4 P. 0. BOX 105108, JEFFERSON CITY, MO 65110-5108 �� ! -� as Principal, hereinafter called Principal, and CAPITOL INDEMNITY CORPORATION as Surety, hereinafter called Surety, k are held and firmly bound unto CITY OF JEFFERSON (Name and address of the Owner) t i 320 EAST MC CARTY STREET, JEFFERSON CITY, MO 65101 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, In the amount of TWO THOUSAND ONE HUNDRED TWENTY ONE AND 00/100 Dollars ($ 2, 121.00 ), � (Insert a seen equal to at least one-half of the contract price for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. + `i WHEREAS Principal has b written agreement dated 17 MARCH 1998 p Y g � ..: s entered into a contract with Owner for r REPAIR OF BUILDING SOFFIT/FACIA AT JEFFERSON CITY POLICE DEPAEUMP,4T in accordance with drawings and specifications prepared by s CITY OF JEFFERSON (Full name and address of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment . to all claimants as horeinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the con- ditions outlined on the reverses side of this bond: 4ioned and sealed this 17 day of MARCH A.D. 19 98 NATSCH & COMPANY, INC. (SEAL) . �a,� ,��� 4 .Witness � � (SEA!_) (Principal)` s , , 4 �-' (Title) . 4 CAPITOL INDEMNITY CORPORATION, , a Wisconsin Corporation, (Surety) :; Witness� ,,1 By; _(SEAL) JE IANN B. BLASSIE �+ RNEY IN FACT (Title) s F' CI,C-C-418-80(2/90) 1 . n ' ��l��w�sL,{Y�IL.l�SL�i,f•YYY. -- - .�� �_�_L.-�__ -- __ _ .i., .. .. ( .. .t. .{f - -- xn t3 + t ,r . T /'� I CONDITIONS (c) Other than in a state court of campotent Q I . urisdiction In and for the county or ether po- ! 1,A claimant is defined as one having a direct 11fical subdivision of the state in which the contract with the Principal or with a Subcontractor project,or any part thereof, Is situated, or in of the Principal for labor, material, or both, used the United States District Court for the dis- - or reasonably required for use In the performance trictin which the project,or any part thereof,' " of the Contract; labor and material being construed is situated, and not elsewhere. to include that part of wafer, gas, power, light, heat, oil, gasoline, telephone service or rental of 4. The amount of this bond shall be reduced by } equlpmenl directly applicable to the Contract, and to the extent of any payment or peyments made in 1 4,The above nomad Principal and Surety heroby faith hereunder, inclusive of the payment by r jointly and severally agree with the Owner that of mechanics liens which may be filed tae- j eye claimant as herein defined, who has not been _ ord against said improvement,whether or not cLsigm Far j r1' the arnountoF suehlten be resented under and against j rk paid In full before the expiration of a period of this bond. ninety (90) days after the dote on which the lost of such claimant's work or labor was done or performed, h materials were furnished by such claimant may sue on this bond for the use of such clalmont; pro- , , secute the suit to final judgement for such sum or '"I�r. sums as may,be justly due claimant, and have ex. ` '�,-11 ' ecution thereon. The Owner shall not be liable for '1.' ' the-payment of any coots or expenses of any such suit. ' 'I . 3,"No suit or action shall be commenced here- 1 ' .: under by any claimant, . ! { (a) Unless'claimant, other than one having a : I ,direct contract with the Principal, shall have ' `. P;, "'. given written notice to any two of the follow- ing: The Principal, the Owner, or the Surety ' ''11 .. h "- above named, within ninety (90) days after. . . . ' . ` - such claimant did or performed the last of the work or labor,or furnished the last of the ma- �'"'. .• .terials for which said claim is made, stating I, , with substantial accuracy the amount claimed ,/ ,I and the name of the party to whom the mate- �. "� I vials were furnished, or for whom the work or labor was done or performed. Such notice ;L''"" ` 1.I shall be served by mailing the same by regis- tered mail or certified mail,postage prepaid, in an envelope addressed to the Principal, 'Owner or Surety,at anyplace where an off ice - ,g,; , . is.regularly maintained for the transactionof u t';'; business, or served in any manner in which :%11, legal process may'be served in the state.in "i ' ' which.the aforesaid project is located, save . ' {"' that such service need not be made by a pub- . s a: lic officer. - . Ya 11 (b).After the expiration of one (1)year fol- `" '`' x .lowing the date on which Principal ceased �11 I work on said Contract,'it being understood, ' .'� however, that if any limitation embodied in s this bond is prohibited by any law controlling the construction hereof such limitation shall 't I be deemed to be amended so as to be equal.to , ' ,,- J , .. .. , the minimumperiod of limitation permitted by . .,. ., . ..I .. " ; ::< such law. '::{, s i .. , 1,. + '.z, i. . . ..I I v-, . . , .� r1 .. _. ,1. 7t; � II 1.1i, , .. ' I . I y, , . 0 } I 11. , j ! r .wk iur ., ,, ..11 r'.. ..5 ..m I;. ,%,. > , 1 q0f f 4 . t S: Y. 1Y, "'r l,, r �1 �1 3 j�ird Ir ��1 t +.., tr .,�4 s{ .,ji .G I t i ( 1 J t 1 S1 J'. '2 �'�.x fy,� `` ".'� r. Sk , ``� } 5tk .n, s'r a v d°�t J `cr , .. .. .. F, ,' t r 1.,` ,,aI c� P is F r R,.: t� 'LtP. N E j + 3 .+ 11 o- ! r `~'fit 1p Pkt� ,r f Set t t I: :�.,j .�q y t .t r .. ",} Y i 1 r S r, .. ,kFr Y 4 Y 4• {. r5 "7 �k�'1 r� tl,j` fi,} sum. i1{Y'+. f t'.:y. 'Mt^L.S:' L t., . Y, ..+7 e^(Lx r,t I "�4,.,-, y f` " t I i 'f' y'i ! j tl� I �i 2 } { 32 �t 'vc1{ ii .. v,;., r •`.:i' ' t slY .'r �... n aC 'ii�rdotr r .. - --- i "- t ., 3 , ._,z t., ,>e'% .r4.J_.rt �:.','f 4t.:'.,.,.,,% I " INDEMNITY CORPORATION f � il 4610 UNIVERSITY AVENUE,SUITE 1400, MADISON,WISCONSIN 53705.0900 PLEASE ADDRESS REPLY TO P.O.BOX 5900,MADISON.Wi 52705.0900 PHONE(608)231.4450•FAX(608)231.2029 POWER OF ATTORNEY No: 472255 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION,a corporatiori ` 'of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint . ------JAMES P. CIWADINO, JERRIANN B. BLASSIE OR M.A. BLAIS ------ its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ---------••NOTTOEXCEED$3,000,000.00----- This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of execufing and attesting bonds and undertakings, and other' .writlngs obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-Pn-fact, each appointee to have i the powers and duties usual to such offices to the business of this company,the signature of such officers and sea!of the Company may be affixed : to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate beating such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile real shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by is officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary,this 1 st day of June, 1993. CAPITOL INDEMNITY CORPORATION Attest: /�K.�A rJC/�rCJ �uu jGco, Vi rgiline M.Schulte,Secretary CORPORATE .Fait,President SEAL ' STATE OF WISCONSIN COUNTY OF DANE On the 1 st day of,June, A.D., 1993, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say: that. he resides in the County of Dane, State of. Wisconsin; that, he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that `rte knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that,he signed his name thereto'by like.order. 0 a\a p►of p l l l w l S 0 �G STATE OF.WISCONSIN Y PETER I 1 E. _ Peter E.Hans # :COUNTY OF.DANE � m a�a►is � �� Notary Public,Done Co.,IMt i ainilimu������\ My Commission is Perma.n©nt i CERTIFICATE' t , I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY, a , CORPORATION, a Wisconsin Corporation, authorized to make.this certificate, DO HEREBY'_CERTIFY,that the.foregoing ttaohed Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of tiie oard of Directors, set forth in the Power of Attorney is now in force. t Signed and sealed at the City of Madison. Dated the 17 day of MARCH 19: 98 /t ,tu ` CORPORATE b SEAL Paul J,erVee ,Treasurer., l '�ryairnntnntun�' This power is valid only if the power of attorney number printed in the upper right hand corner appears in red:Photocopies, carton cupfes or other reproductions are,not binding on the company. Inquiries concerning this power of atiomey'may be directed to the Bond Manager at the Home ' r p(fica of the Capitol Indemnity Corpofatton, r ;, t SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 31040 I ' ' Covington Gardens Interceptor Sewer and Forcfa Main .� ' TIN cr- f ' 0NY BROSE NUMBER s E-17511 610f FS ty. S r �4 Jefferson City Department of Publicorles 'f April 1998 q 1 C:UPDOCSIPROJECTIcovinp:on partden documenLwpd Ap�j 1� i I c 0k 'bP �v4i�tii hkFlC' xri } .,. ^� �nr a;P..;3.r,✓)t xl.a;� t r . TABLE OE CONTENTS 1. Notice to Bidders - } Information for Bidders Bid Form F Bid Bond s Anti-Collusion Statement 4 F Contractor's Affidavit Minority Business Enterprise Statement Statement of Minority Business Utilization Commitment " Affidavit of Compliance with Prevailing Wage Law Prevailing Wage Determination Affidavit of Compliance Public Works Contracts Law Excessive Unemployment Exception Certification • Construction Contract Performance, Payment, and Guarantee Bond .A General Provisions 1` i x , Special Provisions 4 :Attachments .J Plan Addendums ( If Any ) ,� ? (*INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSI[.1N;OF j. } C MDOCS1PROJECTkov(npton Padden documentwpd vz t 1 4,M" �r tty .t { a. ,a,,w.:a w .Jun .un�, t rx.:.r,i t. " + ' c���t�y��• �{ `i-i tfj r 1 qS„”' t T n ''3 ti t ^. k t+tit ,;,,,.iZ.J ✓ t .i ) `r3 V— .'�[ *r!'}j'h :'a � .: t ,.i71.*�`�,�`'t{d 1'��t� i tt ��' ".yi }y 4i�i:.'} � i. •?y,.• '7^ ef.4.,.., t ' ... 't•U;;*n4r,K',„rrt�^•ttf"+.""+t ;c,'t +?;-+�,i`i.✓.[ ;};i r r Y ' :. �tr•' A.t��J]tn1YV%�. 'ICY .K11��r"a ts•'/ r rj 1 y is :r.. � �,r�§,t k ����� � <.. �s�tS��4,1 { ra416sr� w S 411, 1 !t tc 'tt*E�.�,�x�t��CMit E: � t � _ t : :'1 •ff �} Y,'Y {� r NOTICE TO E3j12!�RS { i (EMERGENCY BID) { Sealed bids will be received at the Office of the Purchasing Agent, City Mall, 320 East } McCarty Street, Jefferson City, Missouri, until 101.00 a.m. on. Friday, April 3, 1998. j The bids will be opened and read aloud in the Council Chambers at 10:00 a.m. on that z ! same day. The proposed work for the project entitled "Project No. 31040, Covington Gardens ..i Interceptor Sewer and Force main" will include the furnishing of all material, labor, and equipment to The Covington Gardens Interceptor Sewer Project, Project 31040 to include the construction of approximately 3700 linear feet of 8" and 10" PVC gravity line and approximately 2200 feet of 10" PVC force main, manholes, and other necessary appurtenances. s A pre-bid conference will be held at 2:00 p.m., on Wednesday, April 1, 1998 in the lower level conference room of City Hall of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Public Works, �+ City .. .`Jefferson Missouri. t Copies of the contract documents required for bidding purposes may be obtained from the Director,of Public Works, 320 East McCarty Street, Jefferson City, Missouri. i A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount ! equal to five (5) percent of the total amount of the bid must accompany each propasai. ' A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Martin A. Bross:PE . tti f , Director of Public Works .Ike :rr it i � rt ' � 1.IgoCAMDOCSPROJEC Rcovinpton a " r F{ �} 4. i II INFORMATION ATION FOR BIDDERS .�,. , I134 'BCD YnF WORK The work to be done under this contract includes the furnishing of all technical personnel, labor, materials, and equipment required to perform the work included In the project entitled f "Project No. 31040, Covington Gardens Interceptor Sewer and Force Main" in accordance with the plans and specifications on file with the Department of Public Works. The ro ed work for this project will Include the furnishing of all material, labor, and T p po s equipment to The Covington Gardens Interceptor Sewer Project, project 31040 to I Include the construction of approximately 3700 linear feet of 8"and 10"PVC gravity line and approximately 2200 feet of 10 PVC force main, manholes, and other necessary appurtenances. IB-2 INSPFTidN OF PLAN SP�rIFIQNS AND SITE OF WORKK r' tc -� The bidder is required to examine carefully the site of the proposed work, the bid, plans, f s ecifications,supplemental specifications,special provisions, and contract documents before P , s submitting a bid. Failure to,do so will not relieve a successful bidder of the obligation to furnish ! all materials and labor necessary to carry out the provisions of the contract, ; ,f 1 _ (B-3 IhTERPRETAnON C OF ONTRACT DOCLIMENTS i ' This is an emergency bid. Any question regarding the true meaning or intent of the Plans, { Specifications or any part thereof, which affect the cost, quality, quantity, or character of the i project, shall be made at the pre-bid conference. i 'f Ig.4 Q IA IFI ,®TIONS OF EIDDERs i The City of Jefferson may make such investigations as deemed necessary to determine the sh to the City all such ability of the bidder to perform the work and the bidder shall furnish ; .information and data for this purpose as the City may request. The City reserves the right to , yr s reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to s ati sfy the City that such bidder is properly qualified to carry out the obligations of the Contract,, ' and to complete the work contemplated therein. a ' IB-5 EIVAL�NT MATERI/�L Wherever,definite reference is made in these Specificatigns to the, use of any prtic►�lar ` ? x.: material or equipment, it is to be understood that any equivalent material or equipment may i be used which will perform adequately the duties imposed by the general d esign, subjectao ..� the approval of the City. .< lit Ap�ir 1,'i9F9 °i; r CAMDQCSTROJECTkovington gartden documen4.wpd f Mill S t i� YYY , pp}} , 4 t l t ." Each bid must be accompanied by a certified check or bid bond made paysbie to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be return ed after ` award of the contract except to the successful bidder.. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City i,• as liquidated damages for such failure or refusal, the security deposited with his bid. 113.7 PREPARATION DE-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. ^i All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid,or addition to the items mentioned therein. Any conditions, limitations or provisions I attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carved out to the penny. i. . 113,8 PACE; t The price submitted for each item of the work shall include all costs of whatever nature t; involved in its construction, complete in place, as described in the Flans and Specifications. Section 144.052 RSMo provides that the City's sales tax exemption may be used for the J, t purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500. ' from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption { and for which sales tax might lawfully be assessed against the City are to be paid by the ; Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes 1: .; IBA APP ROXIMATE QUANTITIES In cases where any part or all'of the bidding is to be received on, a unit price basis, the .".". quantities;stated in the bid will not be used in establishing final payment due he successful ' q` on which unit rites are so invited are approximate only and=A' Contractor. The quantities stated p each bidder shall make his own estimate from the plans of the quantitees required on each iter�� and calculate his unit price bid for each item accordingly. Bids will be compared on the �i�isis estimated quantities,.while made,.from the'best + of.number of units stated in the bid. Such est q v,r } information available, are approximate•only. Payment of'the Contract will lie,based Qr� actuala ` number of units installed on the complete work: rar + Apo 1,1 8 C:IWPDOCSIPROJECTkovington gadden docurnent,wpd F}igj'F.p '; t r." v,:.,�-:c.r.^''�'.xt° �•.F 1 Y..M+l`i�T'.F �"A q�gft t jar 6w�riitt�li�/�oars�e�.n�.n►�iee.��: .�..r��-: - – -- _— .,. . !�5:>ltt .h. .i.�� ,.« .}ad i ! IB-10 LUMP SLM 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 i ; 1 described herein and to the limits shown on the Plans. I134 1 $l1H11dlS�iQ�I OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and -i' marked "Project No. 31040, Covington Gardens Interceptor Sewer and Force Main IB42 A TI EERNATE BIDS -! In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. IB-13 Y111THDRA ©� BIB if a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety(90)days after the scheduled closing time for the receipt of bids. -, No bids-received after the time set for opening for bids will be considered. i IB-14 Ftl TO I2 �,1_�rzT F3tDS 'The City reserve the right to reject any or all bids,to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. i IB4 5 AWA OF CONI ACT v notice of accept ance of his bid, the successful If,within seven(7)days after he has received } bidder or bidders shall refuse or neglect to come to the office of the Director o f 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 r i . City of Jefferson as hereinafter pro vided,the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. t .,�.aet��e AND P YM NT BAND 11346 ,rs n.-�•� - 7 A Performance and Payment Bond in an amount equivalent to one hundred percent('SOU°n) �a of the Contract price, must be,fumished and executed by the successful bidder or bidders A foram for the bidders use is contained in these Contract Documents The issuing Surety shall be a corporate Surety Company or companies of recognized"standing , licensed to do business in the State of Missouri and acceptable to the City of Jefferson April 1,199 / " m CAWPDOCSTROJECT%covinpton ganders docuent.wpd �s7� 4i 'rf; 1 t4 Yf f t Ja.. ,.... i.ra?.;. ' "`^+`^e���.,,.q.nnnw..�"�} 1„j$ 'tx j•,. v i^ �fi eF .. � .r.s-, ..}}� Y.-.!x ri✓ a r k�'`;� ti'=u�����.ayz.5,'i �� i' 5 �i��f5�,�i_3'�i 7,`,-: { iri.� ..,.v. �.` ,. ,. .1 ,, .t .: t . .. .,, , ,1_._ .', • .f i ',9 r {.?{,P i i 113-17 INDEbANiFICATION AND INSURANCE The Contractor agrees to Indemnify and hold harmless the City from all claims and suits for � loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. j,. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 811?SECIIBITY RETURNED To SUCCESSF1 11 1 BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. 18-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to { r. discriminate In employment practices. L IB-20 PREVAILING WAGE LAW , The principal contractor and all subcontractors shall pay not less than the prevailing wage -J" . hours rate for each craft or type of workman required to execute contract as determined Y YP q !" I by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1959 and as last amended in 1993. (See Determination included herewith.) i IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year # from the date of final acceptance. In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. E Within the guarantee period and upon notification of the Contractor by the City, the Contractor I shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. The"cost of all materials, parts, labor, transportation, supervision, special tools, and supplies t required for replacement Of parts, repair of parts or correction of abnorma'llties shall be paid by.the Contractor'or by his surety under the terms of the,Bond. s CAWPDOCSTROJECTkovington gadden documentmpd Rprii 1,1898 '` ` :"fr vt ; Nt '"' r' 1 tnrft}" t� d, t a ' The Contract also extends the terms of this guarantee to cover repaired parts and all Y t i replacement parts famished 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 abnonnality 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 said by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be ma de by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the -� Contractor or by his surety under the terms of the Bond. IB-22 htS.LT1CF TO RRQCEEQ A written 9 notice to be in construction work will be given to the Contractor by the City of Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. ., '..F IB 23 WDRK SCHEDULE ti ire that the work will proceed continuously through the succeeding operations to its To ins j 1 compietiort with the least possible interference to traffic and inconvenience to the public, the , ,1 Contractor shall, at the request of the City, submit for approval a complete schedule of his ; r proposed construction procedure, stating the sequence in which various operations of work , are to be performed. 4'. IB-24 COtVTRACT TIME r The contract time shall be 30 working days. * Since there is a financial consequence to the City for each day of pump and haul tempccarjr.service to the subdivision,liquidated damages shall be assessed a4 d500 per { day for each day in excess of the contract time. SVit' ' sr{i IB 26 anwFR OF ATTORNEY ` bonds or contract bonds must file with each bond a certified and Attomeys-in.fact who sign bid ' effectively dated copy their power of attorney. f C;IWPOOCSU'ROJECTcovington gartden documentmpd April 1, i F'1 ti4 6 'i.\ i1 dE Vi +r f t t, F; i ib f is tC Tv Y r 5 ' *tea s,-.>' Y ..,::A rt.,.....a., ,..:..,'. ,. .. ... ..• ..... >... .. .. .. ., .. .. BIQ PACKET .«� IB-27 " . I 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 blddees address,and the name of the project for which the bid is being submitted.. w,l If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: Purchasing Agent ti+ City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET' has been included with the l j project manual. This packet contains the necessary.forms to be submitted with the bid proposal. The contents of this packet include the following: ' 1} BID FORM 1) BID BOND t 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT y ... 5) MINORITY BUSINESS UTILIZATION COMMITMENT � rt` J Fin OF INFORMATIOPI FOR BIDS z rz1i1 irk C 1WPDOCSIPROJECTIcovington yartdan documentmpd dl 1,1598. 5 ,s A p u ,< "r = "Teti Je SxP.t 5 Y } Y <[fi fit r•:i,s„ jtz' t t':"r tv i.S.'i hat: t - a•_ — - �_ . . '—.� .:r' '. .. ..,.3.<,,. ...,...>},.: s::t� 1 I BID aRM i 4 Name of Don Schnieders F:xcavatir Ccxnpany, inc.Bidder 1307 Fairgrounds Road Jefferson City► Missouri: 65109 ` Address of Bidder { i j To: CITY OF JEFFERSON } --� 320 East McCarty Street Jefferson City, Missouri 65101 j 1 i. { THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations i. of the Contract, Special Conditions, other proposed contract documents and all 1 addenda thereto; and being acquainted with and fully understanding (a) the extend and s character o the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other f. installations, bath surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; e) the necessary handling and rehandling of excavated materials; (f) the location and extent of j necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to ► labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and ' 1 construct, install, erect, plant; to perform all necessary labor and supervision; and to c and complete all work stipulated, required by, and in accordance wit e proposed e -� contract documents and the drawings, specifications, and other documents F or modified by addenda) in the manner and time 1 therein (as altered, amended, prescribed and that he will accept in full pgycnent sums determined by applying to the f uantities of the fallowing items, the following unit prices and/or any lump sum ga�ynnents provided, plus or minus any special payments and adjustments provided in �t7 payments he.understands that thee quantities herein given are nut guaranteed to be the exact or total quantities required for the cgmpletion of the work shown on the drawings and described in the specifications, and that increases o�. ` decreases may be made over or under the Contract estimated quantities to provide for J` ned Burin progress of the work and that prices bid shall apply << r�aeds'that are determi 9 p , to such increased or decreased quantities as follows: ! April 9,1998 �{, C'1WPDOCSIF'ROJECTlcovington gartden document.wpd r I n. n It. r J F t MY( t 573 634 6457 APR-02-1998 05.47 JEFF CITY PW PCC $^r3 634 6457 P,01 PAC3!l:.1 CITY OF JEFFERSON " 4.2-98 ` ITEMIZED BID FORM "•z COVINGTON GMDENS INTERCEPTOR AND FORCE MAIN SEWER PROJECT �. PROJECT NO.31040 i APPROX. UNIT ^� ITEM DESCRIPTION UNIT OUiI►NT PRICE AMbLINT_ LF p " 11.60 0.00 1.00 8`PVC SEWER PIPE.IN PLACE;0-G TRENCH DEPTH LF 3000 12.10 36,300 ! E 700 g PVC SEWER PIPE,IN PLACE:6-10'TRENCH DEPTH L� 0 19.20•..______Q 3.00 8`PVC SEWER PIPE,IN PLACE, 10-12'TRENCH DEPTH __I 3.00 ,r^Q,QQ i 4•r,10 10"PVC SEWER PIPE,IN PLACE:0-6'TRENCH DEPI'W LF 0 _1 LF 700 14.25 9,975.00 5.00 10"PVC SEWER PIPE,IN PLACE:fr10'TRENCH DEPTH 23.35 0.00 g•QO 10`PVC SEWER PIPE.IN PLACE: 10-12'TRENCH DEPTH LF 0 r LF 100 __2'1.15__,2 llaAg 7.00 8`DUCTILE IRON PIPE CREEK CROSSING LF 50 40,75 1,037-50 i - - 75 J. 8.00 10`DUCTILE IRON PIPE CREEK CROSSING 1,200.00 15,600-00 EA 13 _ _.- 9.00 STANDARD MANHOLE(0.6) 1Q,).00 2,OW.00 ! 10.00 ADDITIONAL DEPTH OF MANHOLE(OVER 6') VF 20 3 P MANHOLE(2') EA 0 .1w.__- 11.00 STANDARD OUTSIDE DRO 25000 0.00 . VF 0 - ;,;f 12.00 ADDITIONAL DEPTH OF DROP EA 300.0__ 300.00 1 13.00 CONNECT TO EXISTING MANHOLE 16.50 36,300.00 PVC FORCE MAIN, IN PLACE LF '2200 ' 14.00 1o`C-900 100.00 200.00 15.00 THRUST'BLOCK,IN PLACE EA 2 --- ' CY 150 7.5.00 11,250.00 ` 16.00 TRENCH ROCK EXCAVATION(BLASTING PERMITTED) - ------ --� CY 20 150.00 0.00 17,00 TRENCH ROCK EXCAVATION(MECHANICAL METHOD) ;:. � ....t 1. LF 3700 .00 3,700.00 18.00 SEEDING AND MULCHING 123,377.50 TOTAL Big).COVINGTON GARDENS INTERCEPTOR AND FORCE MAIN PROJECT �t s TOTAL"'P':01 4J s. f 4 S .q vi t t ,: av= i . i i° ALTERNATE BID AND SUBCONTRACTORS -+ The Contract may provide for alternates for storm sewer pipe at the Contractor's �} discretion. The Bidder shall state in the spaces belovv whether he intends to use corrugated metal pipe or reinforced concrete pipe for Storm Sewers mthere an alternate 71 is allowed. { _.1 f. < If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. } J s --1 TIME OF COMPLETION Y ' The undersigned hereby agrees to complete the project within 30 working days, is f Contract and the Special Provisions. J. subject to the stipulations of the regulations o he n t p It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. Y The undersigned, as Bidder, hereby declares that the only persons or firms interested — in the bid as principal or principals is or are named herein and that no other persons ` or firms than herein mentioned have any interest in this bid or in the Contract to be ` entered into; and this bid is made without connection with any other person, company, or parties snaking 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 x i of the Owner, should he fail or refuse to execute the Contract or furnish Bond as Galled } r for in the specifications within the time provided. r j ji 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 4 the date of such mailing, telegraphing, or delivering of such notice,execute and deliver Yr{ a Contract in the form of Contract attached. f. ..d q C:IWPDOCSIPROJEC'1lcovington gartden document.wpd . Apr111, 19418 { o E f 1f:A, ' S tzh r„ F } la t; t j . �ri.�awn.�iwr+wriot�111 '�'sagms lsli�(�1 1 S ♦� i The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: 1307 Fairs gnndoa J ,.—c R d efferson rit•9` Missand F;�,?nc► 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, i Attached hereto is a Bid Bond for the sum of 5% of bid amount — Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: 4 If an individual, doing business as If a partnership, member of firm. by If corporation, non Schnieders Excavating Cocnaanv, Inc — - i ` by Donald E. Rhea_.,,_, t Title vice President SEAL Business Address of Bidder 1307 Fairgrounds Road Jefferson City, Missouri 65109 If Bidder is a corporation, supply the following information: t , State in which incorporated Missouri Name and Address of its: President Mary Jane M. Rhea + 1307 Fairgrounds Road Jefferson City, Missouri. 65109 S} j Secretary Ann F. sax 1307 Fairgrounds Road Jefferson City, Missouri . 65109 -�----- Y t Date April 3, 1998 C.AWPDOCSTROJECTIcovington Padden document.wpd Apra 1.t9F�6 MU ` 3 1xY +H .. -�__...-..._.�__�.._.._ �._. .. :t,.; ' ••.t• ''rIt sib 0Li ,.:..-,:• BID BONA the ' f KNOW ALL MEN BY THESE PRESENTS, that we, ! �. --as Principal, undersigned,--------------------------------- and as Surety, are hereby held and firmly JEFFERSON, MISSOURI as owner, in the penal sum OF J bound unto the CITY , I Of for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this day of___, 01997. k ! The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled: "Project No. 31040, Covington Gardens Interceptor Sewer and Force Main" NOW, THEREFORE, (a) if said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a f contract in the Form of Contract attached hereto (properly completed in .. • accordance with said Bid) and shall famish a band for his faithful performance •.,'� 1 Of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform ' RG the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. r The Surety,for value received, hereby stipulates and agrees that the obligations of said, is{r Surety and its bond shall be in no way impaired or affected by the extension of the time within { which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands . ! and seals, and such of them as are corporations have caused their corporate seals to be =r hereto affixed and these presents to be signed by their proper officers, the day and year, first set forth above. /yam r, .I(I S.) .. � Principal }t ( SEAL N„ ! By: r C:IWPDOCSTROJECTwovington gariden document.wpd AW i,ISM Illy 11 hi S y yC} r{*s,r}M-x r --•_� —.-..-t} dz{'3,.;sff 5 {t S. x is (t }f .7 r�i���3,f�'S� �A'S�� �i+": Y� v aE SAFFCo INSURANCE COMPAW OF AMEW-A, GENERAL MI.'IURANa CO&WANY OF AMIPACA I FIAGT NATIONAL INSU"NCE COMPANY OF AMERICA ' C� HOME Qty: tMOM PLAZA 8 SEAITiE,WAgHNltiTON f1N186 i F {'� 1 131D BOND t t ' Confomss with The Amaracan.kutitute of Archhacts,A.LA.Document No.A-310 # ' I 3 KNOW AIJ.BY THESE PRESENTS,That we, Don Schnieders Excavating Company,Inc. � 1307 Fairgrounds Road,Jefferson City Missouri 65109 r I w i as principal,hminatter called tha Principal, aaddo SAFECO INSURANCE COMPANY OF AMERICA I of P.O.Box 461 St.Louis MO 63166 ,:o corporation duly organized under i — - --- 4 the laws of the State of Washington ,as Surety,hereinafter gilled the Surety,are held and firmly bound unto j City of Jeffeson,Missouri —as Obiigea„hereinaf filled the Obligee, - - -- in the sum of Five Percent(5%)of Amount Bid _ Dtallars(S 5% ),for the payment of which sum well and truly to be made,the said Principal and tho said Surety, bind ourselves, our heirs, executors, administrat ors, successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Covington Gardens Interce0or Sevmr and Force Main, Project No.31040,Jefferson City,Missouri ; --i NOW,'THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contrad with the Oblig' in accordance with the temis of such bid, and give such bond or bonds.as may be specified in the bidding or CWdract ' .Documents with good and sufficient surety for the faitthl perronmm=of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contraadt and give such bond or bonds,if the Principal shall pay to the Obligee the diif'emnce not to cmecd the penalty heaeof'between the amount spud in said � ' bid turd such kupr amount for which the Obligcc may in good faith coub with anothear party to perform the Work Covered by said bid,then this obligation shall be null and void.otherwise to remain in full force and effata Signed and scaled this 3rd day of App . 1998 S Don 30nieders Excavating Cow Inc.. ( 1) t Witness Principal i s Vise President . 'litic Witness SA EC IN URA CE CfiWPANY, ERICA r, z � h, By.Kris Bennett, And -OM -Fag S O05�fSAEr 1197, R&sksarW UiWom"of$A CO CO M"104 �r X' C 1 tt: r, SAFECO INSURANCE COMPANY OF AMERlCA GENERAL INSURANM COMPANY Cam'AMERICA 1 t��p FIWST NATIONAL INSURANCE COMPANY OF AMNICA { 'eBA r.ECG• HOME OFFICE: SAFECO PLAU L SEATTLE,WASHINGTON 0816S { s ACKNOWLEDGMENT BY SURETY STATE OF Missouri I County of Cole SS. E On this 3rd day of April 1998 before m�e ? {, appeared Kris L.Bennett k personally j known to, me to be the Attorney-in-Fact Of E' SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL x j INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY , the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto sct my hand and affixed my official seal,at my office in the aforesaid County, the day and j year in this certificate first above written. } Notary Publi in the State of Missouri {Se,31) County of Osage NOT JANET M. WARREN NOTARY PUBLIC, STATE OF MISSOURI COUNTY OF OSAGE My Commission Expires OCL 18, 1998 } ,r ,r S-02MISAEF 6/98 ftelstsmd trWams*of UK-Co (`ar ; ^� ' .�{ , t Ott • s to � ���'vi njCC " ij t :Ya:tt } 9W 1,-:✓.i1r 3 �,,.':. A '.1'1- } .. k, .. Lj, k3,1��-��'4ji;.: { tkJr' h1S k 1 r .i�it r� — i 1,='-I _ • �___—.c_—.!__ _ _ _ r . 14' ...,.a, 1.. ...... .r.. .°.Ss ,1.,..t.. n, ` r + e'er.... _.._�..r..._-_.�.�._�._....__.._.__....._...._........_.._�..._.......__..... .. . ._.............._.. ....... _... .... ... .. ......,,. ..... .._. ... ...._... .__._....»... _._.._...._.._......__.._...�.._.. POWER SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAYA OF ATTORNEY SEATTLE, WASHINGTON ee185 5462 _4NOW ALL BY THESE PRESENTS: "'that SAFCO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint 1 Jamu m"KKKKKKKCHARLES E. TRABUE; JAMES J. LANDWENR; CARL E. REYNOLDS; KRIS L. BENNETT; Jefferson city, MISSOUr IKKKKNKKKKKKKKNKKKKi1KKNKNKKMKKMKKKMKKKKKNKXxNKKDIKKMKKMKKKKK1rMKlIKKKKKKKKkMKKgNKKKK 1 -its true and lawful attorney(s)—in—fact, with full authority to execute on behalf of the company fidelity and surety'bonds or undertakings Wand other doc=ents. of a similar character issued by the company in the course of its business, mnd to bind SAFECO INSURANCE--jOIMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. _.J IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents �4 this 16 day of .June 1997 L. CERTIFICATE i Extract from the By—Laws of SAFECO INSURANCE COMPANY OF AMERICA {{ .`Section 13. — FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice r JArticle V, President appointed for that purpose by the olficer in charge of surety operations, shall each have authority to appoint individuals as { '_:attorneys-in-f=t or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and ether documents of similar charscto issued'by the company in the course of its business . . . On any instrumant making or evidencing ' uch appointment the es may be affixed by facsimile. On any instrument conferring such _a authority or signatur on any bond or undertaking of the company. ttlg seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, I that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board.of Directors of i t " SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. i 1 On.any certificate executed by the Secretary,or an assistant secretary of the Company setting out � Cti (y,.The provisions of Article V. Section 13 of the By—Laws, and fail A copy of the power—of—attorney appointment executed pursuant thereto, and Ilia) Certifying that said power—of-attorney'appointment is in full force and effect e signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.' r R. A. Preteen,. Ssceatary,of SAFECO INSURANCE COMPANY OF AMERICA, do. hereby certify that the foregoing extracts of the 8y—I:aws,and'af a Resolution of the Board of Directors of this cor poration. and of a Power of Attorney issued pursuant, thereto era r 3 , 11earid correct and that both the By-Lewis, the Resolution and the Power of Attorney'are still in full forcm and effect N YV{TkGSg.YIHEREpF, I have hereunto set my hand and affixed the facsimile seal of said corporation:: this 3rd day of April 'IC t POR�I SEA Q� H y, k.A FtGf�5�4.5cGPETAgr r . , r sr 1953 r ',F Of li'1 SN��G1 �' -/3001EP ties ® Re IslierW tredsmssk of SAfECO Corwimilon. r t , F i�ri ` .. r,H st p1yTt g,++ .'tF��45ti1 •,ij ` iii .c. "jt{ys � '" t,;<S..v , .fz :,s ` s , s "f� t`'. t, 't�,r+i',ti N3� !lc$ ,.R`'aa:y1":",�2, ,'t ': d •i4t� 4 , cif' ;r«� r ♦ale - V' - - ✓ �.�._.`_�_L'.`— _ fC:Y�'I �d ...>it r J1'_'r F:_,K Y "t IMPORTANT SURETY BOND INFORMATION , MISSOURI } S Your SAFECO agent is s professlonai IndepmWent ice Agent If you have specific I questions about your Surety Bond. YOU MAY OiRECT 'THEM TO YOUR AGENT. o j MISSOURI SPECWIC CILIESTIOWS If you have been unable to contact or obtain infornudon from your agent, you may cwt J SAFECO at the following address and tetephono rimer: f i Y SAFEW insurance Com ny of America f � --� Guwal tnu,rance Company of America f First National Ins<ra ws Company of America Surety offics - ;, P.G, Box 481 } t -? St Leis. MO 83168 f k TelepWw (3148 9615-040® ke r ; ie+.7g 11 •��YY�yy((( 'll t � ti t at �c dE f 4{ �R�gistor.d lrsdsmak o4 i/iii 0 CorQprwttan�� n , ..r..rw nn♦ � .. U � a t a.,..„v,.„r �.,C":.fLw . ♦e.,terl k { k;.0 Y .. � ,.,�,�1 1,2 a' r�i l� ��t".. t��� � t �' '�wiCFl rf..2i�k e!J : •� 7""" tt T`"_-4 r�+"�,{+}'rn:�' f �_i..t{Y 15•;1 Jkt�4 FJ3 `''+,FV,,"a•...."ink a.c v3 r '�'j 13f 1ki i t Mid i �i�r � �'+' f iyt t {t .x { •.i r.�il �."�� •� .rf a t t �r .i a h II f �i}K� .*'fit.�>t�`37�uT7;t1Kj�'�-'.`.`.b ci.tv`,rt..c.M: .r,>.SCSt,t� r.x:F ,...' .r � .:,•. .., r r /c� ____ .-- w t t. p,1 1'�y�f I. s, �1 ANTI-11.01 I It SMEM NT -,r>x STATE OF Missouri ) COUNTY OF Cole ) Donald E. Rhea being first { Vice President _ of duly sworn, deposes and says that he is , J; ' TITLE OF PERSON SIGNING ( j Don Schnieders Excavating Company, Inc.- y ` NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid)has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated ' --' with, any other bidder for the above project. i i (BY) "�— ..! (BY) W Sworn to before me this 3rd day of A rxl ,'13 e i r t YI �, r z. { t NOTARY PUBLIC. t pail' s My commission,expires: CAWpDOCS1PROJECT%covington gartden documentwpd' WATERSTRADT ' JANET K. r Notary Public-Notary, r STATE OF MISSOURI ' r County of Cole , ,i My Commission Expires:' Feb.26,2004 c 2�' r t t. w .:+.+wtx i •,. ....•'.+.,h.' .,..1. +J' ;.y t 5 �{ k' ' t t'' �[`�"i ��, t• �.... ` - .. .. . . E,.s:-. ., � .".: ,Yy4. . r'.. 7 � if�. ' P�y,,t� t.t,' 'r. � ..,;Yr drotnnrr.�i.-.��r`-.. -- -- ._ .r,. , ' _ .. ... .. ttt .,•.n.,� `F,_\...i e17 .xY., ?.,,�e` /d ...._...�...«_..._...._-.....vim.`.._.:.__......._....................__..._......... ... .. .:.. ... .. .... ...... ....._........-........«..........._.....a._._..........«..«... ..y { r thereof shall This affidavit is hereby made a part of the Bid, and an executed copy accompany each Bid submitted. { STATE OF Missouri } 3'' COUNTY OF Cole The undersigned, Donald E. Rhea _ first duly sworn states upon oath that he is of lawful age, being of . vice President Don Schnieders Excavati company,, Inc. --- '' •s own knowledge and 4 mittin the attached bid, that he knows of his , the contractor sub g it is based "t that neither said bid nor the computation upon which moneys "states it to be a fact or include any amount of monies, estimate or allowance representing g r designated, proposed to be paid to persons r�vh of �Freoposed . expenses, howeve 9 to furnish material or actually perform services upon or as a pa project. �F NT t Public, in and for the County and State { ` Subscribed and sworn to tieforeAm�,i Notary , 1 g s8 aforesaid, this 3rd day of P N0 '.A�Y,�'„UBLIC t f i 5 1 fj ` My:Commission Expires: : s '+ r 1WPDOCSIPROJECl�covtn9ton gartden document JAMEY K.IPJAYERS'fRAD'�: E t c Mot, Publid-Nota Seel ryry ryry STATE OF[•�lISSUURI CQUnty of Cote . .: My Commfa:lun Iwxp�n�s: Feb;;26,20r)1 z .:C-.,:. k.,:.a,,, a..« t t,`i { x. r t d-•°'° tM'--"h r:- i- kA ti 4 x1',4't Y' 'x �`� }y .: tip' .,t .. .•''. ':{ .'{ 7V F:E t �l��ItVESS U'i WATKIN- of jA. The bidder agrees to expend at least zero.(0)% of the contract, if awarded, for Minority Business Enterprise (MBE). For purposes of this commitment, the term { - "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women, M 51 erce or, in the case of a publicly owned business, at least p nt of the d b one or more minorities or women; and stock of which �s owned y 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: 4 t 1 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 the Caribbean Island Mexico, South or Central America, or , regardless r it of race); 3. Asian American (a person having ori gins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); r„ 5• Member of other rau s, or other individuals, found to be.economically # 9 P and socially disadvantaged by the Small Business Administration under { .S.C. 637 a Section 8(a) of the Small Business Act, as amended [15 U Off• 1F I' 6. be considered as an MBE, and who A female person who requests to "owns" and "controls" a business as defined herein. iness Ente rises may employed as contractors,subcontractors; Minority Bus rp r or su- liers. A 1,1l�96 C:\WPDOCS\PROJECTcovfnptongodden documentmpd - r j t5. IY i :• 9i [ eL 'F , 3, .. .. ..... -••.��.,r t�}2 tn:`��a�l�nriu��+trrtl�Y.e� ������Y` t j' r r{ �try j}a q / Ft Y r }I }: MINe}RITY a S�. INESS ENTERF E ST�1'TEI�iE T - Contractors bidding on City contracts shall take the following affivnative steps to assure that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items. }. M1. Contractor's will submit the names and other information if any, about their MBE sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE_ sub- contractors when possible on City contracts. 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. . 4. Qualified small, women owned, and minority business �eill�e sc�licite�! 4 y 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 >, minority business participation. t . t { 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority 1 businesses. 1 ` 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community, f l ' Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained ' from the Department of Public Works. t( ` .0 t C:IWPDOCSIAROJECTIvwIngton gartden doeumentwpd April �'i,,fi; ',ti t. '. � � ..fly ^S��4''+i4°X"�r iiE� i��`. 4 ,$,},3•a nT✓s"�q f�.�� i x t } tr i rl B. The bidder must indicate the Minority Business Enterprise(s) proposed for f utilization as part of this contract as follows: $ Name and Addresses Nature of Dollar- Value of of Minority Firms Participation !artirlp3til'tn i" Total Bid Amount: 123,377.50 Total: 0.00 Percentage of Minority Enterprise Participation: o % C. The bidder agrees to certify that the minority firm(s) engaged to provide, u 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 t 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 J notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE ' Coordinator at the time the bidder's contract is submitted to the MBE ' Coordinator. Breach of this commitment constitutes a breach of the bidder's contract, if awarded. A D. The undersigned Y ned hereb certified that he or she has read the terms of.this ` commitment and is authorized to bind the bidder to the commitment herein sat forth. ` 3T113 Donald E. Rhea NAME OF AUTHORIZED.OFFICER F . . DATE April 3, 1998 SIGNATURE OF AUTHORIZED'OFFICER ;e CA%N'PD0CS%PR0JECT1covhgton gartden documentwpd AprO Z,195S 47t r, _P N51' e F irft+ r r¢ es� r r � ' u,.. AFFIDAVI �:DMIJARICE WITH P _AIL 'a WAGE LAW Before me, the undersigned Notary Public, in and for the County of State of , personally came and appeared NAME POSITION .� of the {}, NAME OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did , depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully °^ satisfied and there has been no exception to the full and complete compliance with said ir. provisions and requirements and with Annual Wage Order No. 4, Section 026, Code County in carrying out the contract and work in connection with Project fro. 31040, Covington Gardens Interceptor Sewer and Fierce Main located at Jefferson City in i Cole County, Missouri, and completed on the day of ' 19 �s SIGNATURE is ,r Subscribed and sworn to me this day of ' 19 i i. --- NOTARY PUBLIC 5 My commission expires: YS STATE OF MISSOURI ) )ss COUNTY OF ) ' CAWPDOCSTROJECTWovfnpton gadden document.wpd Awl t 19w t. F y r t ti .rr i t Missouri s � s Division of Labor Stmdwds WAGE AND HOUR SECTION h = O �I Q M/V, E is acec MEL CARNAHAN, Governor Annual Wage Order No. , Section 026 COLE C.OY' ' In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wage Order has been flied with the Secretary of State as.indicated below, any person who may be affected by this Annual Wage Order may object by riling an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599,Jefferson City, MO.. 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objectlon shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65 102-0449, and to the party which requested this Annual Vage Order pursuant to 8 CSR 20.5.010(l). A certified copy of the Annual Wage.Girder has been filed with the Secretary of State of Missouri. Y z ; FUL ( il een A. Baker, Directo-, ,1 ision of Labor Standards ., ,, . Filed With Secretary of.State: MAR 7 1997 . _ OR 7199 ' Last Dales ObJcctions May Be File �r �,% SECRETA�Y OF fiTATC') Prepared by Missouri Department of Labor and Industial Relado FV 7 V; Section 026 Building Construction Rates for REPLACEMENT PAGE ` COLE County - - "i' ec vo aslc ver- rF -° Hourly Time Td Total Fringe BenetSts OCCUPATIONAL TITLE Date of Increase Rates Rates ;NS 511.00 FED t Asbestos Workers 59.715 ( 09!97 521.075 57r goilaMakers $4.50 09197 $16.20 59 BrickIS ers-Stone Mason 515.88 60 7 $4.32 nters 517.56 9 3 $2.42 f Cement Mason' 519.76 20 7 55.45+93% _-'. El�icians Inside Wireman 516.80 FED S5'S<i Communication Technicians $6.12 "1 Elevator Constructors 07197 a 525.08 26 5; _� eers-Portable 8 Hoists $8.8 05!97 519.52 86 3 $8.86 Grow 11 05197 Y19.52 86 3 $8.66 Grow III 05197 _$18.27 86 3 - 1 Ill-A 05197 519.52 86 3 $8.86 -,+ IV 05197 520.22 86 3 $8.88 V 05!97 $21.52 86 . 3 $10.53 Pi Fitters 06/97 b $24.50 91 3 $6.27+7.4% Glaziers $16.50 FED _ - Laborers Builds ): $13.50 110 7 $4.45 General 513.85 110 7 $4'45 ` First Semi-Skilled 54,45 _ _i. Second Semi-Skilled 513.85 110 T USE CARPENTERS RATE -✓ Lathers-Metal.Wood -1 Unoleum La ers&Cutters USE CARPENTERS RATE $4.50 Marble Masons 09/97 g$16*20 59 7' $4.32 _j Millwri his 60 7 08!97 11 S X9.17 Iron Workers - 0Q Painters 16 7 J - I Plasterers 516.73 94 5 52.36 Plumbers $2Q.00 FED 516 28 60 7 $4.32 Pile Drivers 54,89 Roofers . 09197 519.10 12 4 $7.03 Sheet Metal Workers 07/97 S18.72 40 1.3 i f i S ler Fitters $10.50 FED 09197 X16.20 59 7 $4.50 Terrazzo Workers $4.50 ' Tile Setters 09197 $16.20 59 7 Truck Drivers-Teamsters $3.50 ' ---"-' 515.00 101 5 ' Group I $15.70 101 5 _ $3.50 ; Gro II - $3,50 ' Grou 11! 315.40 101 5 Grou IV $15.70 101 5 $3.50 r, Traffic Control Service Driver d ; Weft 13�tlers USE BLDG CONST.ENGINEER GROUP IB RATE �� 4• r. to s1 Welders-Ace ene 8 Electric E J' Fringe Benefit Percentage is of the Basic Hourly Rate t "ANNUAL INCREMENTAL INCREASE, 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.4 4fE1 i 1. t is +1 t. i in Construction Rates for COLE County Footnotes REP �CENIENT PAGE Section 026 k; ui id g � Effective Basic•- r-��.. ;.... ..___l .... . r s OCCUPATIONAL TITLE 1 Date of I Hourly Time ;Holiday , Total Fringe Ben efits 1 -. increase : _ Rates ; Rates Rates •:WOlders:receive rate prescribed for craft performing operation to which welding is incidental. J Us e.Building Construction Rates on Building(s)and Ali Immediate Attachments. Use Heavy Construction : i t. rates for remainder of project. For crafts not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. I ;' . a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% All work over$3.5 million total Mechanical Contract-$24.50, Fringes$10.53 I ;. All work under$3.5 million total Mechanical Contract-$23.41. Fringes$5.53 F l� S� J qi r i f t � r.Y 'ANNUAL INCREMENTAL INCREASE ANNUAL WAGE ORDER NO 4v 7. 197 �}S rf#7. .. * .: ," a?.i rx.w.sx.awr � , O•Fm .,":: ..l.,a,R.y 3 i 1 , T $f. { J 1 1 i Ru }}, If J COLE COUNTY OVERTIME RATES FED: Minimum requirement per Fair labor Standards Act means time and one-half 0%)shall be paid fbr all work in � excess of forty(40)hours per work week. 1 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 l one and one-half(1%) times the rcgular pay. In the event time is lost during the work wcck due to wcathcr }' 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 ,.1 cement masons is Monday through Friday,except for midweek holidays. NO. 11: Means eight (8) hours shall constitute a day's work, from 8:00 a.m. to 5:00 p.m. from Monday to Friday. Time and one-half(I Y2) shall be paid for first two (2) hours Monday through Friday and the first eight (8)hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2)time rate. --� Double(2)time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. --{ NO. 12: Means the work week shall commence on Monday and shall continue through the following Friday, , inclusive of c:irh week. All work performed in excess of foray 1,40) hours in one evicek, shall be paid for at the rate of one and one-half(1%) times the regular hourly wage scale. All work perfomlcd within the regular working hours shall consist of a ten (1 U) hour work day except in emergency situations. Overtime work and Saturday Work shrill be paid at one and one-half(1 !6) times the regular hourly rate. Work on 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 am ending; on Friday. Any hours worked over forty (40) in this payroll period shall be paid at the rate of time & one-half(I'6). Saturday work will be paid at time&one-half(i h). 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 holiday). NO. 26: Means a regular working day shall consist of eight R hours,between 7:00 a.m. and S:00 .m., f ve 5) i � _ b y g ( ) P ( ` days per wcck. Monday to Friday, inclusive. Work performed on Saturdays. Sundays and bcfore and after,the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double (2) the rate of single time. Holidays shall be paid at the double(2)time rate of pay. I t+ i, nwau�i,o7 ANNUAL WAGE ORDER NO.d PnGF. i cat 4 ra,GLv S x i COLE COUNTY OVERTIME RAT ES .f f NO. 28: Means eight (8) hours between 7:00 a.m. and 5:30 p.m. shall constitute a day's work fivc (5) days a -I week. Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek of four(4)tcn (10)hour days(4-10's) provided: ' -The project must be for a minimum of four-.(4) consecutive days. -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or TuesdG�y:, 1f"a holiday falls Narthin that week it shall be a _i consecutive work day. (Alternate: if a boliday falls in the middle of a week, then the regular eight (8) -� hour schedule may be implemented). -Any time worked in excess of any ten (10) hour work day (in a 4-10 hour work week) shall be at the appropriate overtime rate. All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one & { one-half(1%) times the employee's regular rate of pay. All work performed from 12:00 a.m. Sundry through 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. 1 N0.40: Means the rceuiar working week shall consist of fivc(5)consecutive(R)hour days' latx)r on the Joh beginning with Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular --I work week. The regular working day shall consist of eight (8)hours labor on the job beginning as early as 7:UtI All full or part time labor performed during such hours shall be recognized a.m. and ending as late as 5:30 p.m. as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half 11 0 the regular hourly rate. All fours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be p at two(2)times the hourly rate. In the event of rain, snow,cold or excessively windy weather on a regular working day, regular y Saturday may be designated as a "make-up"day. Saturday may also be designated as n"make-up"day,for an j employee who has missed a day of work for personal or other reasons. Fay for"make-up"days shall beat regular rates. N4.57: Means eight (8)hours per day shall constitute a day's work and forty (40) hours per week, Monday When to ` Friday, inclusive. shall constitute a week's work. The regular starting time shall be R:OU a.m. circumstances warrant,the contractor may change the regular workweek to four(4) ten-hour shifts at the regular �! straight time talc of pay. The first two (1) hours of overtime worked Monday through Friday and the first eight t } (8)hours on Saturday shall be paid at the rate of time and one-half(1 h). All time worked in excess of ten (1 0) t hours.Monday through Friday and eight(8)hours on Saturday and all time worked on Sunday and holidays sltaii be paid for at the double(2)time rate of pay. ' ti & r Awao:e OT ANNUAL WAGE ORDER NO.4 PACF OF 4 PAGf:C ' bi #yx L S � J, r . ,rr 7 4 rf M ' 4 COLE COUNTY OVERTIME RATES �.l. f NO. S9: Mans that except as berein provided, eight (8) hours a day (which may begin as early.as 6:00 time —� shall constitute a standard work day, and forty (40) hours per week shall constitute classified as,o crtirne and fiord worked outside of the standard eight (8)hour workddaoy SU Saturday d holidays shall be classified as overtime and J the rate of time and one-half(i%). All time work. Y c rate of double (2) time. The Employer has the option of working either urc45ten-hour work. wseek or -•� paid at the 40 hour work week. When the for (..) J four(4)ten hour days to constitute a normal forty( ) ends between the hours of 6:30 a.m. and is in effect,the standard work day shall be consecutive ten(10)hour p 40 hours per week shall constitute a weeks work,Monday through Thursday,inclusive. at the 6:30 p.m. Forty ( ) P event the job is down for any reason beyond the Employer's t°inr�nc not to c>zcccd tcn,(1Q) hours s or forty (40) j option of the Employer, be worked as a make-up day; straigh (40)hours per week shall constitute a hours per week. When the five day(8)hour S° week is the job is down for any reason beyond the week's work. Monday through Friday, 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. eight 8 hours may start as early as 6:00 a.rn. and end as late as 5:30 p.m. NO. 60: Means a regular work day of c b ( ) 7•hc Employer shall have the option of working five 8-hour days or tour10-hour kc�mSOrdQhsn eight (x) per if an Employer ciccts to work five 8-hours days half 1%} the hourly rate Monday through Friday. if an Employer is or 40 per week shall be paid at time & o ( art thereof b reason of inclement prevented from working forty (40) hours, Monday through Friday, or any p Y u Saturday or any part thereof may be worked as a make-up day at the straight time krate. k weather(rain or mud), Y an Employer elects to work four 10-hour days, between QO thol'hOSUrer we0ek shall be paid atrtime & one half(i%) performed more than ten (10)hours per day or forty ( ) P the hourly rate Monday through Friday. if an Ern ploycr is working 10-hour days and loses a day due to --; inclement weather,he may work ten(10)hours Friday at straight time. Monday through Friday,beginning at 8:00 NO.86: Means the regular work week shall consist of five(3) days, - and ending at 4:30 p.m. All overtime work perfarmcd on Monday through Saturday shall���b� ��� the a.m. i` and one-half(I'%)the hourly rate. All work performed on Sundays and holidays shall paid hourly rate. e eight 8)hours shall constitute a day's work in a time frame beginning as early as 7:00 a.m. and N0.91.• Mean. ( • week shall be forty ( ) late as 5:30 .m. The work 40 .hours beginning Monday as easily as 7:(IO a.m. r ending as P and ciydinS Friday at 5:30 p.m. Employees shall receive double(2)time for over eight(8)hours in a work dory or through Friday. Saturdays. Sundays and recognized , for over forty (40) hours in a work week from Monday g Y• holidays shall be paid at the double(2)time rate of pay. 0.94 Eight(8)hours shall constitute a regular work day that may being as tarty as 6:00 ha11 be ca encnsatcdtat N g c of the regular work day and on Saturday s P than 5:30:p.m. All work performed to excess the work we one and one (1%) times the regular pay. In the evcnt time is lost during l t time Ali workuaeticotnplishcd conditions.the Employer may schedule work on the,following Saturday at , $ on Sunday aril holidays shall be compensated at double the regular ratC of wages. J r .. AW40'b M ANNUAL WAGE ORDER NO.4 PAGE A 01-�rnc;►: t ����.�tYW'1, � -- --_ - .___.__ _— � .. .. .. .•+x'' .i fix e.tSS, f , COLE COUNTY OVERTIME RATES and fort per week shall N NO. 101: Means eight (8) hours a day shall constitute a standard work day, y (40) hours P 1. 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(I h) (except as herein provided). All time worked on Sunday and recognized holidays shall be paid at the rate of double(2),time. Starting time may be as early as 6:00 a.m and end as'latc as 5:30 p.m.- The Employer has the option of working either five(5)eight-hour days or four(4)tcn-hour days to cbrstitutc a nomnat forty(40) hour work week. When a four(4 ten-hour day work week is in cfI'cct, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m Forty (40) hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day.straight time not to exceed ten(10) h6m, 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(I h). When using a five (5) day cight (8) hour work week, and the job is down for any reason beyond the Employer's control, then Saturday may, at the opti:n of the Employer, be worked as a make-up day;straight time not to exceed eight(8)hours or forty(40)hours per week. J NO. 110: Means eight(8)hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. Tbc ` work week shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday. All work performed t on Saturday, except as herein provided, shall be compensated at one and one-half(1 h) times the regular hourly rate of pay for the week performed. All work performed on Sunday and on recognized holid;iys shall be compensated at double (2) the regular hourly rate of pay for the work performed. If an Empioycr is prcvemcd from working forty(40)hours, Monde through Friday.or an art thereof b reason of inclement weather(rain g rtY Y 8 Y Y P Y and mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight(8) hour days or four ten (10) hour days Mon day through Friday. if an Employer elects to work five (5) eight (8) hour days during any work wcck, hours worked more than eight (8)per day or forty (40) hour per week shall be paid at time and one-half(1 h)the hourly rate Monday through Friday. If an Employer elects to work four(4) ten (10) hour days in any week, work performed more than ten (10)hours per day or forty (40)hours per week shall be paid at time and one-half(I h)the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather. they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no :`': more than ten (10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half(1%)overtime rate. y ; 1 : f i f AW40:6.t?T ANNUAL WAGE ORDER N0:�6 PAGE i O1 i PALES ,< J - f i f i}. wF' t 'rrts Ffa $$ 1a S 1411, Y��� .1 g- Yv k= :.4 6..{� HOLIDAY RATE SCHEDULE-BUILDING CON STRUCTION Thanksgiving Day and NO, 1: All work done on New Year's Day,Decoration Day,Fourth of July,Labor Day, g $ Y Christmas Day shall be paid at the rate of double time. When one of the above holidays falls on Sunday,the following Monday shall be observed. N0.2: All work performed on New Year's Day,Memorial Day,Founb of July, Labor Day.Thanksgiving Day, ..l Christmas Day,or the days observed as such,shall be paid at the double time rate of pay...,: -, NO.3: All work done on New Years Day,Decoration Day,July nth,l abor Day,Veteran's Day,Tbauksgivinp, k' 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. +' Inde ndence Day,Labor Day,Thanksgiving and NO.4: All work done on New Ycaes Day,Memorial Day, pe Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday ry will be obseed as the recognized holiday. If any of the above bolidays fall on Saturday,Friday will be observed as the rccognizcd holiday. work performed on New Fear's Day. Decoration Da (1`4emorial Day),Independence Day (Fourth of NO.S: All Y July),Labor Day,Thanksgiving Day,Christmas Day, or days observed as such, sball 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 lift or i i• `'. property. Where one of the holidays specified falls or is observed during the work week,then all work performed over and above thirty-M-0(32)hours in that week shall be paid at the rate of;line and one-half(D'/�). �. p L ..! N0.6: All work done on Ncw Years Day,Memorial Day.Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,and any additional holidays which may be mutually agreed upon shall be paid at the double time rate of pay. Whenever any such holiday falls on a Sunday,the following Monday shall rccognizcd and observed as the holiday. I y Labor Day,Veteran's Dav, NO.7:All work done on New Year's Day,Memorial Day,Independence Day, d 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. ; Da Labor Da ,Veteran's Day, NO.8:All work done on New Year's Day,Memorial Day,.Independence y, Y 7banksgiving Day,and Christmas,or days observed as such,shall be paid at the double time rate of pay,' ' NO.9*All work done on New Year's Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and " Christmas Day shall be paid for at the double time rate of pay. Any one of the above listed holidays falling on .• Ruble time rate of a as ett observed Sunday shall be observed ort the follow in Monday and paid at the d pay holidays. f .vrn g . NO. 10:All work done on New Year's lay,Memorial Day,Independence Day,Veteran's Aay,Thanksgiving Day,the day aft Thanksgiving and Christmas Day shall be paid at the double(2)time rate of pay. Any holiday ' F which,accurs on a Sunday shall be observed the following Monday. No work shall be performed on LABOR DAY except to save life and property. ANNUAL WAGE O1tDER N0.4 ?Ad El a r' V I .. - .. tt .n .f+' 7f17ICk•�y;V("3" k.', i r, .. �t -w•' r .. a f ` NO. 11: All work done on New Years Day,Memorial Day,Christmas Day,Fourth of July,and Thanksgiving 'i Day shall be paid for at the rate of double time. Positively no work shall be performed on Labor Day. Martin ,t Luther King's Birthday.Veteran's Day and the day after Thanksgiving Day shall be considered optional bolidays. F and if the employer and employees agree that work will be performed on that day,no premium will be,required. .. Should any of the above holidays fall on Saturday,the holiday will be observed on Friday. Should any of the above holidays fall on Sunday,the holiday will be observed on Monday. NO. 12: All work done on New Year's Day, Decoration Day,Independence Day,Veterans Day,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Should any of these days fall on Sunday, then the following day shall be observed as the holiday. Under no circumstances shall employees be pcimitted to --� work on Labor Day. k NO. 13: All work done on New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and Christmas Day shall be paid at the rate of time and one-half(1 1/2). NO. 14:All work done on Memorial Day,Fourth of July,Thanksgiving Day,Christmas Day and New Year's Day shall be paid at the rate of time and onc-half,(l 1/2). No work shall be done on Labor Day. When a recognized holiday falls on Sunday,the following Monday is observed as the holiday. z NO. 15: All work done on New Year's Day,Decoration Day,Independence Day,TYaanksgiving Day and -j Christmas Day shall be paid for at the rate of double time. No work shall be performed on Labor Day. NO. 16:There shall be seven(7)recognized holidays: New Year's Day, Memorial Day,Independence Day, Labor Day,Armistice Day,Thanksgiving Day and Christmas Day. No work on any pretense shall be performed ............. on Christmas Day,Labor Day,or Independence Day. Any work performed on the other holidays shall be paid for at two(2)times the regular rate of pay. NO. 17: All work done on the following holidays shall be paid at the double(2)time rate of pay: New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day,to be celebrated on either its national holiday or on the day after Thanksgiving,Thanksgiving Day and Christmas Day. NO 18: All work done on New Year's Day,Memorial Day,July 4th,Labor Day,Veteran's Day,Thanksgiving Day.the Friday following Thanksgiving and Christmas Day shall be paid at the double time rate of pay. When one of the above holidays falls on Sunday,the following Monday shall be considered the holiday,and when one of the above holidays falls on Saturday,the preceding Friday shall be considered the holiday,and all work performed on said day(s)shall be paid at the double time rare. s { ...� NO 19:All work done on New Year's Day,Memorial Day,July 4th, Labor Day,Thanksgiving bay,and C'tuistrrtas Da shall be id at the double time rate of pay. The employee ma take off followio Y paid pY Y Y , g Thanksgiving Day provided be or she has notified their supervisor on the Wednesday preceding Thanksgi Mg ff :� DaY• I, t NO.20.All work done on New Year's Day,Memorial Day,Independence Day,�l.abor Day,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. %%%a a paid holiday falls on Saturday,�t shall be observed on Saturday. When a paid holiday falls on Sunday,it shall be observed on Monday. low z w t ANNUAL WAGE ORDER NO. •. rya�a�ry►a�s '' '' ti: -° I ' ^ 4 r{Ft t c f �Y •4:v'��t�S ���� n� , +n!'. i"'"� r �.. C + t V4 r Labor Day,Thanksgiving Day, Memorial Day,Independence Day, p If Saturda falls on , . N0.21: All work done on New Year's Day, s Da or days locally obscry cd as such,shall be paid at the double time rate o aY• Christmas y, dcsi aced holiday,all hours worked shall be paid at the double time rate o pay. a Thanks ivin Day, NO.22: All work done on Ncw Year's Day,Memorial Day,Independence Day,Abe o�aagt• If a holi�Y falls on Christmas Day.or days locally observed as such,shall be paid at sbal be ohs rved. P Y Saturday,Friday shall be observed;if it falls on Sunday, Labor Day.Veteran's Day, j4 cndence Day, N0.23: All work done on New Years Day,Memorial Day,1n cP Day and Sundays shall be recognized holidays and shall paid at double time -t -thanksbiving Day,Chnstmas D y of pay. Whcn a holiday falls on Sunday,the following Monday shall be considered rate p Y Day,Ncw Year's NO.24: All work done oDay,Memorial Day,Independence Christmas Da tiaThanksgiving lection Day or days loca'ily observed as such,and Sunday shall be t Day,Labor Day.Veterans Day,Presid ential recognized as holidays and paid at the double time rate of pay. -� Memorial Day. Independence Day,Labor --' NO.25: All ork done on New Year's Day, Martin Day,Presidential Election Day., r days locally Day.Veteran's Day,,the day afar Thanksgiving, rda and Sunday shall be recognized as holidays and shall boenphe at eding Fr1daY- observed as such,and Sato y will be observed time rate of pay. If a named holiday falls on a Saturday,the holiday Appropriate overtime ails on Sunday,the Monday after will be observed as the holiday. When a named holiday f rates to be based on fificen minute increments. Veteran's Day. NO.26: All work done on New Year's Day. Memorial Day.Fourth of]uofpay. >When a Holiday occurs on Thanksgiving Day and Christmas Day shall be paid at the double tune rate P Such days shall be l..: cd on either the previous Friday or the following Monday, Y Saturday it shall not be observed occurs on Sunday it shall be observed on the following Monday. ' i regular work days. If such a holiday following holidays or days obscrvcd as such shall be paid at the double time rate N0.27: All work done on the f g Labor Day, Day,Thanksgiving Day and - .1 of pay:New Ycar s Day,Agcmoriai Day,independence Day, ; Christmas Day. (Memorial Day), Veterans Day),Decoration Day NO.28: All work done on New Yeaes Day ,Armistice Day( aid at the double time rate of r Independence Day(Fourth of July),Thanksgiving Dayt and henhtris l.((3)time lis paid. hen a holiday falls on �.. pay, No work shall be performed on Labor Day except Sunday,the tot{owing Monday shall be observed as the holiday. r ernoxial Darr), • J411 work done on New Year's Day,Armistice Day(Veteran s Day}Decoration Day l k NO.29:1 Christmas Day or day observe as stach.foT tbese holidays: o lndcpcndence.Day'(Fourth of]uly),ThanksgivingDay, ' Ie 3 a . No work shall be performed on Labor DAY except when trip ( 1. shall be aid at the double time rate of p y p• When a holiday falls on Sunday,the following Monday shall be observed as the tioliday. time is,paid. ,, Thanksgiving Day,.FrWy after N0.30: All work done on New Year's Day,Memorial Day,Ind�p•.ndence Day, o work shali.b+e perioimbd Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. of emergency and only when trilile�(3)tinne is paid. V bta boiid ey falls on 0n Labor.Day except in special cases g bbervcd as a holiday. 'Whcn a holiday falls on 5iindTy. Saturday,the preceding day of Friday will be o following Monday shall be observed as the holiday. ANNUAL WAGE ORDE NO 4 ' PAC.)OJ 9 PAW p t 4 4 �►�f�P�°'�Y�1'Ri w i NO.31: All work done on New Years Day, Washington's Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day,Veteran's Day,Thanksgiving Day,Friday after Thanksgiving Day,Christmas Day,and Employee's Birthday shall be paid at the double time rate of pay. If a holiday falls on Sunday,the following Monday will be observed as the recognized holiday. If a holiday falls on Saturday,the preceding Ftday will be _i observed as the recognized holiday. NO.32: All work done on New Year's Day,.Memorial Day,Fourth of July,Labor Day,Thanksgiving Day,the Friday after Thanksgiving, and Christmas shall be paid at the double time rate of pay when one of the above ; -' holidays falls on Sunday,the following Monday shall be observed and when one of the above holidays falls on Saturday,the preceding Friday shall be observed. {{r � f i NO.33: All work done on New Year's Day,Memorial Day,Fourth of July,Thanksgiving Day and Christmas —� Day shall be paid at the double time rate of pay. Labor Day shall be paid at the triple(3)time rate of pay. If the holiday falls on Sunday,the following Monday will be observed;if the holiday falls on Saturday,the preceding Friday will be observed. _j NO. 34: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, and Christmas Day shall be Paid at the double time rate. Any holiday falling on Sunday,will be observed on the ' following Monday and be Paid accordingly. When one of the above holidays falls on Tuesday,-the preceding J Monday will be observed as a non-working holiday. When a,boliday falls on Tbursday,such as Thanksgiving. the following Friday will be observed as a non-working boliday. NO.35: All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and Christmas Day shall be paid at the time and one-half(1 112)times rate of pay. If holiday falls on a Sunday, it shall be observed on the following Monday. ((S { NO. All work done on Labor Day shall be paid at the double time rate of pay. I :.`.1 is --� NO. 37: All work performed on the following observed holidays shall be paid at the time and one-half(I'/)rate of wages: New Year's Day,Decoration Day(Memorial Day),Independence Day,Thanksgiving Day,and Christmas Day. No work shall be performed on Labor Day except in special rases of emergency and then only ! when triple(3)time is paid. When a holiday falls on a Sunday,the following Monday shall be observed as the t; holiday. � T . ; N0.38: All work performed on New Years Day,Decoration Day(Memorial Day),Fourth of July,!.abor Day, Thanksgiving Day,Christmas Day and Veteran's Day(to be celebrated the day after Thanksgiving Day`,',shall be paid at the double(2)time rate of pay. In the event the holiday should fall on a Sunday,the following A111onday. will be paid at the rate of double(2)time. 11 3 NO.39:No work shall be done on the following holidays:New Year's Day,Memorial Day,Independence Day, mor xt Labor Day.Thanksgiving Day,and Christmas. Any of these holidays falling on Sunday,the following Monday r shall be a holiday,and any of these holidays falling on Saturday,the preceding Friday shall be a holiday. NO.40:All work done on a legal holiday shall be paid at the double t(me rate of pay. ANNUAL WAGE ORDER NO.4 r -'r•r 1 �s�� Tom.. - - .�.�.._L_'.. --_--_-_ .. 4.: ,. ... •.x Thanksgiving Day acid Veteran's Day shall be paid at N0.41: All work done on New Ycar's Day,Memorial Day, the double time rate of pay. No work shall be done on Christmas Day,Fourth of uch holirla .rIfa bol daeifalls I of the above bolidays fall on Sunday,the following Monday shall be observed a5 Y Y t be considered to be observed on the previous Friday or following,Monday. Such days on Saturday,it shall no shall be regular workdays. NO.42: The following days shall be obscrved as legal holidays: New Yeat's Day,MemO Day. shall be of July. Thanks rvtn Da and Christmas Day. No work under any pretense.. Labor Day.Veteran's Day, g g Y performed on the Fourth of July, Labor Day or Christmas Day. Any work performed on the above•holidays shall be paid for at two(2)times the regular straight time rate of pay. Labor Day,Veteran's Day (Nov. NO.43: All work done on New Year's Day.Memorial Day, Independence Day, y I Ith)or mutually agreed upon day,Thanksgiving Day, and Christmas Day shall be paid at the double time salt of pay. if a holiday falls on Sunday,it shall be observed on the following Monday. If a boliday falls on Saturday,it shall be observed on the preceding Friday. NO.44: All work done on New Year's Day, Washington's Birthday.Decoration Day, Fourth of July, Thanksgiving Day, Friday aficr Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of !1 pay. Positively no work shall be allowed on Labor Day. If any of these holidays fall on Sunday,the following day will be observed as the holiday. If any of these holidays fall on Saturday,the preceding Friday will be observed. NO.45: All work done on New Year's Day. Decoration Day.Independence Day, Labor Day,Veteran's Day, shall be aid at the double time rate of ay or days to be celebrated as such p Thanksgiving Day, and Christmas D pay, if a holiday falls on Sunday.it can be observed on the following Monday. ]f a holiday falls on Saturday.the employer shall designate whether such holiday shall br observed on Friday or Monday. NO.46: All work done on New Ycars Day, Memorial Day. Fourth of July,Thanksgiving Day,and Christmas Day shall be paid at the two and one half(21/2)times rate of pay. NO WORK SHALL BE DONE ON LABOR -~t DAY. Holidays falling on Saturday shall be observed the preceding Friday. Holidays failing on a Sunday shall be .j observed the following Monday. N0.47:The following holidays are recognized: New Year's Day,Memorial Day, Fourth of July,Labor Day. Veteran's Day.Thanksgiving Day.Day after Thanksgiving.Christmas Eve,Christmas Day,New Year's Eve. The above mentioned holidays can be changed by mutual agreement. When a holiday listed above falls on ep. - it shall be celebrated on the Friday preceding the holiday. When a holiday falls on Sunday,the Saturday. following Monday shall be observed. Holidays referred to above sbali be paid for at s>laigbt time when not • ..ry worked and at double time plus holiday pay when worked. NO.48: All work done on New Ycar's Day,Good Friday,Memorial Day,Independence Day,Labor Day, Thanksgiving Day,day after Thanksgiving.Christmas Eve and Christmas Day sbali be paid at the double time rate of pay. Should any of the above holidays fall on Sunday,the following Monday shall be observed as the an of the above holidays fall on Saturday,the preceding Friday shall be observed as the holiday.' .;Ntivu� holiday. Should y Y • Nape, ANNUAL WAGE ORDER N0:4 ►„C 011MCLS 2t ..:-' .� ,• ,. ..I .., . i , (' 4 '.,...,.` . � a t ( d r a:. , i . N0.49:The fallowing days shatl be observed as legal holidays and employees will receiva 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,Employer'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 lvlarch 1 of the following,year. if any of these holidays fall on Sunday,the following Monday will be observed as the boliday ud if any of these holidays fall on Saturday,the preceding Friday will be obsmed as the holiday. If ctmployees work ou any of ! these holidays they shall be paid time&one-half()%)their regular rate of pay for all hours worked. - Decoration Day,Fourth of Ju ly. labor Day, NO.S0: All work done on New Yeats Day.Good Friday, Thanksgiving Day and Christmas Day shall be paid at the double(2)time rate of pay. If any Holiday faits on Sunday.the following Monday shall be recognized as the legal holiday. endeace Day,Labor Day.Veteran's Day, NO.S1: All work done on New Year's Day.Memorial Day.Indc p Thanksgiving Day and Chrietmac Day,or days observed as such,shall be paid at the double time rate of pay. In the event one of the above holidays falls on Saturday,the holiday shall be celebrated on that day. If the holiday falls on Sunday.the holiday will be celebrated on Monday following. —, , NO.52:There arc four(4)paid.holidays and they are: Labor Day,Christmas Day,Memorial Day, and _ Independence Day.For these fear(4)days.all regular employees shall be paid for eight(8)hours of pay computed at the regular straight time hourly rate although Do work is performed. Employees shall receive the .l double(2)time rate of pay for any work performed on these recognized holidays. N0.53: All work done on New Year s Day.Memorial Day,Independence Day,Thanksgiving Day,Christmas Day or days observed as such for these holidays shall be paid at the double(2)time rate of pay. No work shall be performed an Labor Day except in special cases of emergency,and then the rate of pay shall be at three (3) times the regular rate of pay. When a holiday falls on a Sunday,the following Monday sl,al!be observed as the j. holiday. When a holiday falls on Saturday,the preceding Friday shall be observed as the boliday. r Thanksgiving Day.the � N0.54: All work done on New Year's,Memorial Day,Independence Day,Labs. Day, 8 g Y Friday after Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday,it shall be observed on Saturday. Wh a holiday falls on Sunday,it shall be observed on Monday. f ' Labor Day,Memorial Da •Thanksgiving Day. NO. 55: All work done an New Year's Day,Independence Day. y Y ..i Day after Thanksgiving Day,Christmas Day and Two Floating Holidays(to be desigpated by the Company)shall 1' { be compcnsatt:d attune and one-half(1%)the regular rate of pay. Should any of the above days fall on Sunday, i the following Monday shall be considered and observed as the holiday. Should any of the above days fall on .. Saturday,the.preceding Friday shall be considered and observed as the holiday. NO.56: A11 work done on New Years Day,Decoration Day,independence Day,Labor Day,November I I zY (which shall be recognized as Veterans'Day),'thanksgiving Day,The Day aflec Thanksgiving day,and Christmas day shall be compensated at the double(2)time rate of pay. When an observed holiday falls on Sunday,the following IVlondayshall be observed as the holiday. No work shall be performed on Lab or,Day except in cases. { .. ' � employee shall be compensated:et the triple (3) � of emergency.but when work is performed on this holiday,the emp y Pc P l time rate of pay. ANNUAL. WAGE ORDER NO.4 : ►r►a a 7 a►�a e y ":: ....rte. Year' Da .Memorial Day,Independence Day,Labor Clay,Veterans' Day z' NO. 57:, All work done on Ncw s y (November 11).Thanksgiving Day,and Cbristmas Day shall be compensated at the double(2)time rate of pay. r, When any of these holidays fall on a Sunday,the following Monday sball be observed. . NO.58: All work performed on New Ycaes Day, Decoration Day(Memorial Day). Independence Day(Fourth of July).Labor Day,November 11 th(Veteran's Day),7anksgiving Day and Christ s Day shall be paid at the rate of double(2)time. No work shall be performed on Labor Day except for Preservation of life or property. } E Inde ndence Day,Labor Day,and Cb`istmas NO 59: Ali work performed on New Ycaes Day,Memorial Day, pe --, Day or any days celebrated in liew thereof wben sucb bolidays fail on Sunday,sball be paid at the double(2)time, J rate of pay. r oration Da (Memorial Da -- NO.60: All work done on New Year's Day,Arrrtisticr Day(Veteran s Day),Du; y Y)• �4 Independence Day(Fourth of July),Thanksgiving Day and C'bristmas Day shall be paid at the double time rate of pay. No work shall be performcd on Labor Day except when triple(3)time if paid. When a holiday falls on Saturday. Friday will be observed as the holiday, When a holiday falls on Sunday,the following Monday shall be observed as the holiday. Iq i ' z ' 1 r H 1 A 7Nt , } >yr T<' ANNUAL WAGE ORDER NO.4 r�a�7 c v'r�crs bS m. t� s rt 7 .} > ...{ Sectron 026 ( REPLACEMENT PAGE ' Heavy Construction Rates for COLE County ------ ecUve asic ver- F OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates CARPENTERS 7 5 $4.80 5/97 $20.48 _ ,80 •-1 Journeymen 5/97 $20.48 7 5 $4 Mili�ivrights �.,.; $4.80 _. 5/97 $20.48 7 5 Pile Driver Worker —} OPERATING ENGINEERS ; --� 5/97 $18.70 5 5 $8.83 Group 1 5 5 $8.83 w, Group II 5/97 $18.35 5 $8.53 5/97 $18.15 5 `' Group III 5 5 w $8.b3 Group IV 5/97 $15.00 $8.83 Oiler-Driver 5/97 $15.00 5 5 LABORERS f 5/97 $17.80 2 4 $5,05 General Laborers 2 4 r-$5.05 s Skilled Laborers 5/97 $18.40 ` TRUCK DRIVcRS-TEAMSTERS 2 4 $4.40 5/97 $18.57 $4.40 Group 1 2 4 5/97 $18.73 $4.40 i Group II 5197 $18.72 2 4 Group III 2 4 $4.40 5/97 $18.84 Group IV l N. a t t k _ # .. rr r 'ANNUAL INCREMENTAL INCREASE ANNUAL WAGE ORi�ER N©.4 • 3 �T# .. e. OVERTIME RATE $CHEDULE RUCTION 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 & oae-half(1'/2). Thcrc are no provisions for make-up days on Friday or Saturday, work on these days will be paid at tune and one-half(l h). On projects working five (5) day,.eight (8) bow sch�:dules (Monday through Friday), there is a provision called "50 hour window for forty (40) hours worked." If inclement weather causes a curtailment of work for projects operating under this 5-8's schedule, the employer my invoke the "50 hour window for forty -' (40)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(I%). The ability of the Employer to alter their work schedule from the regular eight 8)hours per day to nine (9) or ten ()0) hours per day at straight time , is only applicable after the Employer on that job site has lost work hours which ! arc 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 bolidays. 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(1'/,). —� NO. 2: Means a regular work wcck 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 form working forty (40) hours Monday through Friday, or any pan thereof, by reason of increment 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 J the entire week,shall work Saturday at the straight time rate. Time lit one-half'(]%z) shall be paid for all hours in excess of cight(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 (11/2) shall be paid. For all time worked on Sunday and recognized holidays,double(2)time shall be paid. NO. 3: Means a regular work week shalt 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%). Workers shall receive time and one-half (l 2) 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(11/2). N0. 4: Means a regular work week shall consist of net more than forty (44) hours of work, Monday through r Saturday, 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'Y). Workmen shall receive time And one-half(I'/2) for all work performed on Sundays. NO. 5: Means a regular work week may be Monday through Tbursday (if working 4-10's) or Monday through Friday (if working 5-8's). Time & one-baif(11%) 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. Time & one- half(I%) is paid when working in excess of eight (8) hours per day (if working 5-8's), and on Saturday unless Saturday is used as a make-up day. All Sunday work shall receive double(2)time pay. hVYVt.4W4 ANNUAL WAGE ORDER NO.4 3197 a; ti �r�vmTt� �l►Tp ^c'1•i�Dtn,1P " �' '1Y' -�.4��R�.T.�S?I� • eight 8 hours shall constitute the regular work Jay and forty(40)hours a work week,Monday 1 NO.6: Means c g ( ) through Friday, The Employer shall establish the s arttiing toi*dbc wccBC�th�r!gular starting tim and after he- a half(1 Y2)shall be paid for work performed on a regular Y regular quitting time, Double(2)time shall u paid for day The Employer when working onhhigbway } discretion of the Employer, Saturday can be used foramake-up Y, Monday and road work may have the option to schedule the work weekaor th ail ho �a exn�ess of ten (10)Sous in Thursday at tell (10)hours p;r day at the straight time rate of p y any one day to be at the applicable overtime rate. If the Employer eelf is to be hall have the option to work Thursday and is stopped due to inclement weather(rain, , Friday at the straight time rate of pay to complete his or her forty(40)hours. NO.7: Means the regular work week shall start on Monday and end on Friday,except where the Employer hours per da . All work over ten (10)hours in a day or forty elects to work Monday through Thursday,ten (10)Sou p Y � regular times the (40)hours in a week shall be at the overtime tart of an urs. if a;ob1can't wok forty (4 )hours Monday through regular work day shall be either eight(8)or ten(10) no S Friday because of inclement wcathcr or other conditions beyond 1O�s)control daybmay be worked asaa omake-up dad may be worked as a make-u day at straight time(if war g --I at straight time(if working 5-8's). Make-up days s be hall W6k�attiliz andoona-half(1%)timesfa etregula crates wokcd as a makeup day.time on Saturday shall Work performed on Sunday shall be paid at two(2)rimctdoubigu(z)rate.c r performed on recognized holidays or days observed as such,shall also be paid a Monday through Friday. Tim and one-halt NO. 8: Means eight (g) hours shall constitute a regular workday. Y g (IV be paid for work performed in excess of eight (8) hoour °,� �d�gat ten (10) hours per Employer he have the option to schedule his workweek from Monday th g Y i 4 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'/:). if an Employer elects to work from Monday through Thursday and is stopped J due to inclement weather (rain, snow, sleet falling) he shall bave the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, should a holiday occur. Monday through Thursday, the Employer shall have the option to work Friday at the straight time rate of pay to complete e bailfbe�aid0f r work `-1 P ,.,.) Timc and one-half(1 Y) shall be paid for work performed on Saturdays. Double (2) P performed on Sundays and recognized holidays. N0. 9 - : Means eight (8) hours shall constitute a normal day's work Monday through Friday. Any time worked 8 t over eight (8)hours per day or forty (40)hours per week will be paid at time and one-bald'/a) rate. Work may ou h Thusda ) at ten (10) hours a day schedule. If such be scheduled on a four (4) days a week (Monday thr g Y schedule is employed,then Friday may be used as a make-up day when time is cost due to inclement weather.. All work over ten (10) hours a day or over forty (40) hours a week rrtust be paid at time and one-half 0%). If an ' ? Employer has started the work week on a fave4ly, eight-bourn a day schedule, and due to inclement weather misses an time, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of ; Y that work week in order to make up the lost time(10-hour make-up day). All work performed on Saturday hall be paid at time and one-half(1'/,). Double(2)time shall be paid for all time worked on Sundays an recognized holidays. 1n such instances where a recognized holiday is observed during the work week,it shall be counted as si ht 8 hours toward a forty (40) hour work week, then all work performed over and above thirty-two (32) g ( ) hours in that week would be paid at the rate of time&one-half(M. ). Dvyot.avl ANNUAL WAGE ORDER NO. 4 319' j ` z QVERTIME RATE Sl IIED "I,E �I A�IY COTi,ST_F�CJ T �3 NO. 10: Means the rcgular work wcck shall consist of five 8-bour days, l,vionday through Friday. The Employer may have the option to schedule his work week from Monday through Thursday at ten (10) bouts net 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 in weather(rain,snow, sleet falling),the Employer shall have the option to work Friday at the straight time rate of a to complete his forty(40)hours. All necessary'overtime and work performed on Sawrday, shall be paid at time and one-half(1'/2)the hourly rate. Work performed on Sundays and Holidays sball be paid at double (2)the hourly rate. NO. 11: Means the regular work day sball consist of eight (8)hours that shall begin between the hours of 7:00 a.m.and 8:00 a.m.. Monday through Friday. The Employer may schedule his work week from Monday through Thursday at ten (10)hours per day at the straight time rate of pay with all hours in excess of tcn (10)hours in i 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)be sball have the option to work Friday at the straight time rate of pay to complete his forty(4 0)hours. Time and one-ba)f(l /)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 raid 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 —� perfomud over and above ten (10) hours per day and forty (40) hours per,.%,cck shall be paid 0 the rate of time one-half(1'/,). Workers shall receive time and one-half(1'/,) for all work performed on recognized holidays. Whcrc one of the holidays falls or is observed during the work wcck, dicn all work performed over and above -, thiny-two (32)hours `hall be paid at time and one-half(1:'�). � ) NO. 13: Means that time and one-half(1'/,) shall be paid for the first two(2)hours overtime Monday through Friday and the first eight (K) hours on Saturday. All other ovcnimc hours Monday tbrougb Friday and on Saturday shall be paid at the double (2)rime rate. Double (2)time is also paid for Sundays and holidays. NO. 14: Means (K)hours shall constitute the regular workday with starting time as early as 6:30 a.m. -� Employees shall be paid one and one-half(I'/)time the regular ratr_ ai'wagcs 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 VS)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 (3)days,Monday through Friday,beginning at 8:00 a.m.and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and one-half 0%)the hourly rate. All work performed on Sundays and holidays shall be raid at trouble(2)the j hourly rate. ..eJ NO. 16: Means sight (8)hours shall constitute the regular work day,between the hours of 6:30 a.m. and 5:30 `! p.m. in a five(5)day work week of Monday through Friday except when the employer elects to work four 10- ,,� hour dayx. The Employer may have the option to schedule his work week from Monday through 7bursday 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 ovcnimc rate. if the Employer elects to work front Monday througb Thursday and is I slopped due to inclement weather(rain, snow, sleet falling)the employer pray 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 perf&mcd in excess of eight (8)hours in a 8-hour week day,or in excess of ten 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'/,)shall be paid for work performed on Saturdays. Double(2) time shall be paid for work preformed on Sundays and holidays. I hvyot.avl ANNUAL WAGE ORDER NO. 4 1197 I i rd.. 1. . ` OVERTIME RATE SCIEDtnat; �.�Q � ?.i ! 40 hours"a work week Monday ! N0. 17: Means eight(g)hours shall constitute the regular work day and forty( ) Y " j throe h'Frid The Employer shall establish the starting time between 6:30 a.m. and 9:00 a.tn. T me and one- half(1'h)shall be paid after eight.(8),consecutive:hours worked after the established �stariing 9ime and for hours worked before the established starting time. Time and one-half(1�)shall be paid for work perforrned on satur�ayS, work performed ory'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 scbeule the work week for his paving crew only from Monday through Thursday at tcra(10)hours per day at tbe.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 tier'a and one-half to time(I ). if the Employer elects to work from Monday through 'Thursday and is stopped due to inclement vrcathcr(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. 7t i r x t r r t �M1- ! Y t fi' t > I• ... s trI t i bvynt ev4'. 'ANNUAL WAGE ORDER NO. 3 1 . I�1^GC � t 0. T r ,_.,,,— r 3.v.�' w.�r #`*t�..w�+..s-:+..'�'�-, .^��.%tF�ei.c3r.'✓ i!� :d„r` i 8��� �� i .{ r' t: i x I j�`x ; .'i l t t {i :i� I {� •' 7� .� �� t HOL DAY RATE—MUD JLE—N q;TRHCTION . t ; No. l: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day. Veteran's Day, Thanksgiving Day. and Cstmas Day,shall be paid at the double time rate of pay. j When any of these holidays fall on Sunday,the Monday following sball be observed as such boliday. , No. 2: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence ? Day(Founh of July), Labor Day,Thanksgiving Day, f.:bristmas Day, or days obscry ed as such, shall be paid at the rate of time and one-half(I%). Wben a boliday falls on Saturday,the _ preceding Friday sball be obscrvcd. Wbcn a boliday falls on Sunday,the following Monday sball be obscrvcd. No work shall be performed on Labor Day except to save life or property. W'bere one of the holidays specified falls or is observed during the work week,then all work p erformed - over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-balf _A 0112). )• No. 3: All work perfon=d on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the rate of time & one- a half(1'/). Men a holiday falls on Sunday,it shall be observed on the following Monday. No. 4: All work perfom)cd on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. NN'bcn a holiday falls on a Sunday. Monday shall be observed. Da Memorial Day),Independence :3., ho. S: All work performed on New Year s Day, Decoration y Day(Fourth of July). Labor Day,Thanksgiving Day,Christmas Day,or days obscrvcd as such, 1 shall be paid at the rate of double(2)time. When a holiday falls on a Saturday,the preceding Friday %hall be observed. When a holiday falls on a Sunday,the following 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 sball be paid at the rate of tune and one-balf(1'h). , INo.6: All work done on New Years 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 boliday ;. occurs on Saturday, it shall not be observed on eitber the previous Friday or the following Monday. Such days shall be a regular workday. If such a holiday occurs on Sunday, it sball be observed on the following Monday. No work shall be perfomrcd,on Labor Day, ; Na.7: All work done on New Ycae's Day.Memorial Day,.Thanksgiving Day and Veteran's Day %hall be,paid at the double 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 Monday shall be observed as such holiday. If a holiday falls on Saturday,it sball not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. T . it n0t.rnitvti-AW4� ANNUAL WAGE.ORDER NO.41 ; »� t t t 1 1 t .. .' .. .. i .. •f.A 4d m ��;�'T S'yy,b�t�y x �x c yyss t. cr.;f;t HOD.IDA RATF, S�N,1� UD-E N1� NrY �CONSTfRU 'Ty f Jh, �� No. 13: All work performed on New Ycaes Day,Dccorat ion Day,Fourth of July Labor Day, "� vetemn's,Day,11anksgiving Day and Christmas Day,or days observed a►such,shall be paid at ; double(2)the hourly rate. When any of these holidays fall on Sunday.the Monday following shall be ob�crved as such holiday. Labor Day,Veteran`s Day, 1 No.9: All work done on New Year's Day. Decoration Day,July�tb, Whenever an 7jariksgiving Day and Christmas Day shall be paid at the double time rate of pay. Y such holidays fall on a Sunday,the following Monday shall be observed as a holiday No. 10: All work done on New Year's Day.Memorial Day.Fourth of July,Labor Day.Wen�'s a Day.Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following ;. Monday. Such days shall be regular work days. If such a holiday occurs on Sunday it shall be , observed on the following Monday. i No. 1 D: Means all work performed on New Year`s Day,Memorial Day,Fourth of July, Labor ' Da Thanksgiving Day,Christmas Day,and any additional holidays which may be Day,Veteran's y, 8 . mutually agreed upon shall be paid at the double(2)time rate of pay. Whenever any such holiday ; _j falls on a Sunday,the following Monday shall be recognized and observed as the holiday. 7 Y i ! 4' f K } i tf ' taazrot WA *4 :; ANNUAL WAGE ORDER NO.4 . f i `•Y F!. ry , i. P REPLACElblf.ENT PAGE OUTSIDE ELECTRICIANS 'These rates are to be used in the following counties: Adair,Audrain, Boone, Callaway, Camden, Carter, Chariton, Clark, Cole, Cooper, Crawford, Dent, Franklin, Gasconade, Howard,Howell, Iron,Jefferson, Knox, Lewis, L incoln,�Linn, Macon, Maries, Marion,Miller,Moniteau,Monroe, Montgomery,Morgan, Oregon, Osage, j Perry, Phelps,Pike,Pulaski,Putnam,Rails,Randolph,Reynolds,Ripley, St.*Charles, `-; St: Francois, St. Louis City, St.Louis County, Ste. Genevieve, Schuyler, Scotland, Shannon, --� Shelby, Sullivan,Texas,Warren, and Washington CORIN'IERCIAL WORK Occupational Title Basic Total Hourly Fringe --, Rate Benefits +J *Journeyman Lineman 523:71 $2.00+40% *Lineman Operator $21.23 $2.00+40%, { *Groundman $16.81 52.00+40% �a UTILITY WORT{ f Basic Total Occupational Title F Hourly Fringe ' Rate Benefits z ° I 'Journeyman Lineman S23.29 S2.00+34% ; ?Lineman Operator $20.10 $2.00+34%, ' ' *Groundman 515.55 52.00+ 34% OVERTIME RATE: Eight(8)hours shall constitute a work day between the hours of 7:00 a.m. t and 4:30p.m., and forty(40)hours within five(5).days,Monday through Friday inclusive, shall , constitute the work week. Work performed in the 9th and 1 Oth,hour,Monday through Friday, K si shall,be paid at time'and one-half(1'A)the regular straight time rate of pay. Work performed outside"these hours and on Saturdays, Sundays,and legal holidays shall be paid.for at th e rate of T ' double.(2) time: t HOLIDAY RATE: All work performed on New Year's Day,Memorial Day,Fourth of July, '. Labor Day,Veteran's Day,Thanksgiving Day,Chr; as Day,or.days celebrated,as such,shell # ?be paid at,the double time rate of gay. When one of the foregoing holidays falls. Sunday, ik $ « ° shall be celebrated on the following Monday.; ANNUAL INCREMENTAL INCREASE ?: � oUTSruAa.i„ ` ANNUAL WAGE ORDER N0 ,4 9/97 $ ".ter ?f i� r n'. aka+ Ivga}t 0� ij .. •is K`)e,' .......... i AEEIDAVIT OF COMIPLIANCE PU L� IC WORK -C W.RAC1S-.AW f w.. I, the undersigned, w� , of lawful age, first E 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. 31040, Covington Gardens Interceptor Sewer and Force Main. 3. That I have read and am familiar with Section 290.290 RSMo (1993 't y ,. . `• . Supp.) an act relating to public works contracts, which impose certain 1. { requirements upon contractors and subcontractors engaged in a public rry works construction project in the State of Missouri. + 4. That has fully complied with the =' f -I provisions and requirements of Section 290.290 RSMo (1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT Subscribed and sworn to before me this _day of ' 19 NOTARY PUBLIC i My•Commission Expires; STATE OF MISSOURI ) )SS i t. .. 5 .t COUNTY OF ) CAWPDOCSTROJECTkovington gartden dxument.wpd Apri11.1998 Ali rq .r r. .,,,u... •. .. .w.. .. .. + n rt t tgyc? J" I ¢ yt {.4{ - ' .. .. ri - • rr , pt's".}��s � 7 ?�y�� r ti EvreSS �xc-F�a�RTIF�CA.TtC9t�! ; �l I, the undersigned, --b - 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. 31040, Covington hardens Interceptor, ' .l Sewer and Force Main. 3, That I have read and am familiar with Section 290.290 RSMo (1993 ` ! an act relating to public; works contracts, which impose certain Supp ) ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. .3 4, Although there is a period of excessive unemp loyment in the State of Missouri, which requires the employment of only Missouri laborers and t . laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable of performing ' FURTHER AFFIANT SAYETH NAUGHT. AFFI,ANT .I, 1 , 19 f Subscribed and sworn to before me this day of r NOTARY PUBLIC FJ My Commission Expires: APPROVED BY: :;,•,,,,;, DIRECTOR OF PUBLIC WORKS, CITY OF'JEFFERSON MO s Apro 1,Im } C:IWPDQCSIPRQJECticovington gartdon document.wpd { t i ,.�•. p ' 3F�r {E iw,777777- 77 wt co L.. �.:... x' ACT . _, 1998, day of THIS CONTRACT, made and entered into this _ in . hereinafter called and between Don Schnieders Excavating Company, hereinafter ! by t "Contractor", and the City of Jefferson, Missouri, a municipal corpora ion, V called "City". WITNESSETH: That Whereas, the Contractor has become materials and supplies bidder for furnishing the supervision, labor, tools, equipment, ; and for constructing the following City improvements: Project No. 31040, Covington Gardens Interceptor Sewer and Force Main. j NOW THEREFORE, the parties to this contract agree to the following: The Contractor agrees with the City to : 1. .a . .,.,a +r�,p forn,o �o�• necessary to furnish all supervision, labor, tools, egwpment, materials and supplies dorm said work at Contractor's own expense in accordance with the perform, and to perform,r applicable City ordinances and state.and. federal laws, { { contract documents and any app i Y s within 30 working days from the date Contractor is ordered to proceed, date of his ti t shall be issued by the Director of Public Works within ten ( ) Ys r contract. II labor utilized in the construction of the aforementioned 2: A improvements .shall be paid a wage of no less than the"prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of and Industrial Relations of the State of Missouri,of Labor. Contractor acknowledges that Employment Standards of the Depertme Contractor knows the prevailing hourly rate of wages for this project because contents of the Contractor has obtained the prevailing hourly rate of wages from i the the rate of current Annual Wage (yrder No. 4, Section 026, Cole County Wages is set forth. The Contractor further agrees that Contractor will keep an accurate ` record showing the names and occupations of all workmen employed in connection i v the work to be performed under the.terms of this contract. The record shall performed 3 with the actual wages paid to the workmen in connection with the work to ® p f of the record shall be delivered,to the Director under the terms of this contract. A copy i of Public Works each week. In accordance with Section 290.20 I�SMo, Contractor i shall fort eit to the City Ten Dollars ($`10.00) for each workman employed,for each ar day or ortion thereof that the workman is paid less than the stipulated rates r calend Y p t for an work done under this contract, by the Contractor or any subcontractor under the Y r Contractor. April 3,1998 f C:\WPDOCSIPROJECTkovington Qa ,dxummnkwpd I t l i*rjy5 3 { SS „,,. ?.,�.. ,.«...r....-� 1 7fi .'S•t +'' b{azhv€' �'a`t'�p���l f 'L, ♦ + L 9 <l 3. lt�sut�ance. Contractor shatl procure and maintain at its own expense during the life of this contract: } (a) Wor_kmes Comp-easaYion_insurance for all of its employees to be engaged in work under this contract. n in an amount not less than (b) Contrator s Pub it Liabi�v Insure f $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 claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. ' (c) Automobile Liabilitlrls ._r� a�e in an arnount 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. F i ay (d) Owner's Protective bill 1mur_aace -The Contractor shall also obtain ense and deliver to the City an Owner's Protective Liability Insurance ex at its own p 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 Compensation Law, Chapter h governed by the provisions of the Missouri Workmen s 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of biasting, explosion or collapse. (e) .Sub-cont,racts- In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in f:. 4 Subparagraphs (a), (b), and (c) hereof and in like amounts. Unsurance an Special Hazard. The insurance required under . (fl . S--o°e° � Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively., against damage claims which may arise from 1 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. t i NOM Paragraph (f) is construed to require the procurement of Contractor's protective f t # y in (or contingent public liability and contingent property damage polices) 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 ' I general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. C:\WPDOCSTROJEMcovington 9artdon documentwpd April 3,1998 Y<; , '•.i 4 ..:—+...r: ..<. _..r 5 ,. , ., r ,, :.v , t i \t 1 i 4. Cont>racWeS_R sp_O nSNlirjr fcrr SutcQttrarAor1. 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 �i under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Dama m The Director of Public Works may deduct $500 (five hundred dollars) from any amount otherwise due under this contract for every -� calendar day the Contractor fails or refuses to prosecute the work. or any separable P art thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the -� completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 1 6. Terrninaflan. The City reserves the right to terminate this contract by giving at ; .. least five(5) days prior writt en 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 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 s workmen or proper material, or if Contractor should refuse or fail to make prompt P ayment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 7. Cft! Right to Proceed. In the event this contract is terminated pursuant to S Paragraph 6, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, � such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and. not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. w CAMDOMPROJEc'ncovington gartden document.wpd April 3,1998 frYt 'i ti r 4 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries r 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 "s any act or omission of Contractor, its servants, agents, or subcontractors, or arising out of the award of this contract to Contractor. R 9. Payment for Labor andMaWials. 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 band to insure the payment of all materials and labor used in the performance of this contract.: 10. Smpplie . The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1966 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 11. Payment, The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor elated Friday, :x April 3, 1998 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 twenty three thousand three hundred seventy seven dollars and fifty cents ($123,377.50). 12. ontr sit Docurnm s, The contract documents shall consist of the following: �. a. This Contract f. 'General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications ` Drawings and/or sketches d. Notice to Bidders i. Dra g e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as,fully a part of the contract as 1 if attached hereto or repeated herein. f ,# C:\WPDOCSIPROJECIIcovinyton garden dxumentmpd Apol 3.1998 � t J�.'x'.°`nf pi yy '5 ',ryq���S � :t 5 • i4 r ', i 13. indiscrimination, 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. Not'scm All notices required to be in writing may be given by first class mail i addressed to the Director of Public Works, City of Jefferson, 320 East McCarty, ! Jefferson City, Missouri 65101, and Contractor at 1307 Fairgrounds Road, Jefferson . City, MO 65109. The date of delivery of any notice shall be the second full day after i - the day of its mailing. { 15. Jurosdiotiion. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. I STIMOIVY WHER OF, the arties have hereunto set their hands and seals ' , 19 a a , this day of S ' CITY OF JEFFERSON, MISSOURI i j Mayor APPRO. D A OR ATTEST: `f nse r City Clerk f CONTRACTOR t {{ ATTEST: ja/: h E Title: Y x , C:IWFDOCSIPROJECTIcovington partden document.wpd April 3,1998 Y 7f r R .F�aftt r Tv �-'�.}�t tf ,i ti f �•by. i a r r--� 1 Bond #5908649 KNOW ALL MEN BY THESE PRESENTS, that w.e, the undersigned I Don schnieders Excavating CarTiany, Inc. 4 -; " Safeco Insurance CcxnFany of America hereinafter, referred to as Contractor' and! ; P.O. Box 461 , St. Louis, Mo 63166-0461 a Corporation organized under the 4 laws of the State of Washington and authorized to transact business in the State of Missouri _ as Surety, are held and firmly bound unto the -� City of Jefferson, Missouri _hereinafter referred to as "Owner" one Hundred Twenty`three Thousand Three Hundred in the penal sum of seventy-seven Dollars and 500100 DOLLARS 4$ 123,377.50 ), money lawful of the United States of America for the , payment of which sum, well and truly to be made, we bind ourselves and our heirs, 7 executors, administrators, successors, and assigns, jointly and severally by these --} presents. j THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the day of 19 entered into a written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and ,R accessories,for the construction of certain improvements as designated, defined and, i 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: I NOW THEREFORE, if the said Contractor shatl 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, mane a part thereof, according to the true intent and meaning in each case, and if said contractor shall i for period of one ear after replace all defective parts, material and workmanship p Y acceptance by the Owner, then this obligation shall be and become null and void; ,. otherwise it shall remain in full force and effect. r Q%WPDOCSIPROJECTIcovinyion sadden documcntwpd Apra 1.IM W. k{ li t 1 s PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, ! -, materials, sustenances, provisions, provender, gasoline, lubricating ork, f groceries greases, coal repairs, equipment and tools consumed or used in g and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or other supplies or materials used or consumed'by such Contractor or his, their, or any pp t 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 0bligation;.,together with , interest as provided by law: ; �i PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and I agrees that no change, extension of time, alteration, or addition to the terms of the i 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 wages, as shown in the attached schedule, to any workman engaged in of g construction of the improvements as designated, defined and described in the said � l 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 (hisrts) act or omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jefferson City, massouri. On this the day of 19 j Safeco Insurance Company of America Don Schnieders Excavating Can , Inc. SURETY COMPANY CONTRACTOR BY (SEAL) BY - SEAL) . . " (SEAL) ' t>„ (SEAL) BY Attor ey-in-fact (State Representative) Kris Bennett (Accompany this bond with Attorney-in-fact's authority from the Surety Company -t certified to include the date of the bond.) ; CAWPDOCSTROJECT%covinow gartdendocuman�wpd April 1,1998 gi 1 1 l SAFECO INSURANCE COMPANY OF AMERICA GENEFIAL l'NSURANCE COMPANY OF AMERICA k FIRST NATIONAL INSURANCE COMPANY OF AMERICA I +, -�� ��� NOME OFFICE: SAFECO PLAZA 4 ..I SEATTLE,WASHINGTON 90186 . x` ACKNOWLEDGMENT BY SURETY STATE OF MISSOUri ss. County of Cole 1 On this day of before me personally appeared. Kris L. Bennett .� , known to, me to be the Attorney-in•Fact of . SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation'. that executed the within instrument,and acknowledged to me that such corporation executed the same,. IN WITNESS VMMOF, I have hereunto set Iny hand and affixed my official seal,at my office in the aforesaid County, the day and 'r year in this certificate first above written. Notary VSEn the State of Missouri ' . ( ) County of ge ; JANET M.WARREN NOTARY PUBLIC, STATE OF MISSOURI COUNTY OF O.SAGE. My Commission Expires OdL 18, 1998 F � • rt ray. t ' r • y tt.'; 5 y r r +�e S•0230MAEF 6/96 a Rsphtrnd tral�mrrk of 8AFECO ��• ..,5. +r* °'r7r.,...hnxrYW,n--.n,'}w ..' yj,:i-r1YYS•Mw...'.., ..a � '�., wr' jj"r a. r +"3<" ttktw 1f ��(, i FS t .. ,�. � ```1k, '"' Aa t ' 5 s d,,,,•CCR.bN•�u;�rE t'��' ..j('. - T yv i POWER SAFECO INSURANCE COMPANY OF AMERICA •r TORPVEY HOME OFFICE, SAFECO PLAZA OF A ® SEATTLE, WASHINGTON 98185 ic ..f _l No. 6462 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint """N""N"NCHARLES E. TRABLIE; JAMES J. LANDWEHR; CARL E. REYNOLDS; KRIS L . BENNETT; Jefferson ( ;City, Its trua and lawful attorneys)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind SAFECO INSURANCE #COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home of fIce. j -IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents j t ' i this 16 day of June 1997, r /��Lei _.,t✓ /{..k�''2.-��! `-" ��'tY�,.'"-.—" lam.�i,/V✓ , (i A F"c 5i.`i•"?". ri':C rit"r.?` [.'iIJ� L'.:(.;,?; F�:., .. .i .�.,:�i CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vice —President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as 'attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and -other documents of similar character issued by the company in 'the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking :+ of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, �At the seal shall not be necessary to the validity of any such instrument or undertaking." 4 Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. i On any certificate executed by the Secretary or an assistant secretay of the Company setting out, .+� (i) The provisions of Article V. Section 13 of the By-Larvs, and i (il) A copy of the power-of-attorney appointment, executed pursuant thereto, and �t (iii) Certifying that said power-of-attorney appointment is in full force and effect, t the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 5 I,. R. A.''Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, re ue end correct, and than both the By-Laws, the Resolution and the Bower of Attorney are still in full force and effect 'IN WITNESS WHEREOF, l have hereunto set my hand and affixed the facsimile seal of said corporation kt In, this dry °f 19 I SEAL 153 a ` eft S-13001EP 1193 Registered trademark of SAFECO Corporation. t iI i }t,+^+ , y�SVtaq,y,✓zit St t:4 .rv;s .....: ....—,..,.:� :.. ..� � ".. .: ........ .j .. .. ... r• '� 1x Y., SURETY. BOND INFORMATION IMP ORT� .1 t Ofd prance Agent if you have specific Your SAFECO agent io a Pro YOI� iIAA►Y DUCT -MW 70 YOUR A6� f amt your Surety PASWM V + our {t if, ycw have bsen uro® to conb=2 or ob�n information frond yi ► you cOrltaCt SAFECO at *4 fouovre v address OW rxxvdw' SAFECO kwxuva y of America 3* COMPMY of Renics► • y of ca First ( ie . surety ®ffioa p.a sox 461 i St Louis, MO 65166 j t ` $! �� (314) 566-0400 . 3 17i 1r , gr1S r J Pr i+ R� r rS➢a �p•"istaed:.tradomuk of SiA006 6o/pfsr l p �}E r. � {, � ..a•«w+'t+N ,:w#+e.6•«nr'r�,Yaa.c,5�.ssis'+4'dN,r%v + railAt'Su,t xx i',..;. r 4 >. ti i f:,s`na R �T''4 .,n 1�� 1 ir�t��r � x ,7..... y�} � � a, ,. ,.. �yy,,,,;�� ��� .^�ai � . f A n • 3 g W f ;F 1 t It f S t a a$r.o". ��.�r�,_., yz,.:t:1 v� +,,,.3 ",.3a i��. fy�,; c t !e ., r: .ar.�s's:,,Jt.. ,a1 ,x ,acv,;.max.,.,,#�.t.i.• .. .._:t'•.,?.�4.r�,�3�" 's 7 _ i { GENERkLPROYISKM FORWARD The following Articles GP-1 through GP-49 are "General Provisions of the Contract", modified as set forth in the Special Provisions. GP4 CONTI3.A_CT nCl.iMEM It is expressly understood and agreed that the Contract Documents comprise the (Notice to Bidders, Instruction to Bidders, Genera! 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 i as are necessary to make clear and to define in greater detail the intent of from time to time ry the specifications and drawings, are each and all component parts to the agreement governing ; the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are o:)mplementary, and what is called for by any } J one shall be as binding as if called for by all. The intention of the Documents is t0 include the furnishing of all materials, labor, tools, equipment and supplies necessary for,constructing complete and ready to use the work specified. Materials Or work described in words which so applied have a well known technical meaning shall be held to refer to su a nica!or trade ch recognised 4 standards. The Contract shall be executed in the State and County where the Owner is located. Three 1 . (3)copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both partle&thereto. These executed contract documents shall be filed as follows: -t One(1)with the City Clerk of the City of Jefferson One (1)with the Jefferson City Director of Public Works a One (1)with the Contractor r GP-2FINITIQNS Whenever any work or expression defined in this.articie, or pronoun used in.its stead, occurs. In these contract documents, it shall have and,is mutually understood to have the meaning t, herein given: CAMDOMPROJEM)covingtan 9artden documenlwpd Rpri11,1998 a.. I -M A K { ,r; I a R e I < ` "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous article. 2. "Owner", "City", or words "Party of the First Part" shall mean the party entering into contract to secure performance of-the work covered by this Contract and his or its duly authorized officers or agents. i 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. j 4. "Subcontractors" shall mean and refer to a corporation, partnership, or individual i having a direct contract with the Contractor,for performing work at the j ob site. thorized representative of the Director of Public Works, 5. "Engineer" shall mean the au F (i.e., the Engineering Supervisor). g, "Construction Representative" shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. µ' 7, "Date of Award of Contract" or words equivalent thereto, shatl mean the date upon ` which the successful bidder's proposal is accepted by the City. $, "Day"or"days", unless herein otherwise expressly defined, shall mean a calendar day -+ or days of twenty-four hours each. g, "The work`,shall mean the work to be done and the©the meaning supplies indicated aby the to be furnished under this contract, unless some 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 tractor to the City, if and when i approved by the Engineer, and bidder with his proposal and by the Con all drawings submitted by the City to the Contractor Y during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words "as directed", as required", "as t : " " phrases of like import are used, it shall be permitted", as allowed , or words or p understood that the direction, requirement, permission, or allowance of the City and s Engineer is intended. Similar) the wards "approe�ed", "reasonable", "suitable", "acceptable", "properly", 12. y specified "satisfactory";or words of like effect and import, unless otherwise particularly stisfactory ., herein,shall mean approved, reasonable, suitable, accepta e, p p r. in the judgment of the City and Engineer. Ow O.MiDDOCSTROSECTkovington gartdan doaument.wpd Apra 1,1996. x I Er. 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed" or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the 71 City. "Missouri Highway Specifications" shall mean the latest edition of the "Missou " ri 14. Miss ' Standard Specifications for Highway Construction" prepared by the Missouri Highway a i and Transportation Commission. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this Jcontract. J GP-3 Teat~ [`ONTRACTIGIR tractor, has by careful examination It is understood and agreed that the Con satisfied himself as to the nature and location of the work,the conformation of the ground, the character, quality d quantity of the materials to be encountered, the character of the equipment and facilities an q tY —, needed preliminary to and during the prosecution of the work,the general local candetions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or of the terms or obligations herein after the execution of this contract, shall affect o r modi fy any con tained. shall be that of an independent contractor. The relation of the Contractor to the City GP-4 Teas- NONE) R i The Engineer shall be the City's representative during the construction period and he shall . observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. i ` The Engineer assumes no direction of employees of the Contractor or subcontractors and no 4 .. supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies 1 In.the work. 4 J. r method of work suggested by the Engineer, or other representative of the City, to 1, s Any plan o " the Contractor,but not specified or required, if adopted or followe by the Contractor in whole or in part,shall be used at the risk and.responsibility of the Contractor; and the Engineer,and . the City will assume no responsibility therefore. �. AP2,1,199i CAMDOCSTROJECTcovington yartden document.wpd J 7 t s GP-5 BOND Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the 1 Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion - of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; © for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the f Contractor, and for a period of one year from and immediately following the acceptance of the completed project by the City, the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used, or by reason of defective or Improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance.with statutory requirements. - The. bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's band becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall fumish to the satisfaction of the City within ten (10)days after notice to do so. In default thereof, the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. GP-6 INSU ACE GP-6.1 GENERAL: The Contractor,shall secure, pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards t enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified �r requirements are compiled with. All certificates of insurance required herein shall state that ten (10)days written notice will be given to'the City before the polity is canceled or changed. All certifications of insurance shall .- be delivered to the City prior to the'time that any operations under this contract are started. i All of said Contractor's certificates of insurance shall be written in an insurance company t in In the State of Missouri. 1 . authorized to do business ' C:%WPDOCSIPROJEC'Rcovrnpton partden document.wpd April 1,liSS Zr il. All / GP-6.2 �131nL_ DAn A��E S WSURAWIE i (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. 2 Property Damage Liability insurance coverage for limits of not less than $1,000,000 per 1 O one occurrence nor less than $1,000,000 aggregate to limit for the policy year. GP-6.3 ONT _cam.CAB'SFIFtO�CTIV.EROM-Y.1WUR'� IAF31LlTY OTECILILE -, PROPERTY iZIUIprP-1 VAE!! INSt1 ANM (MY.EB)�1.� OP A►TION� � QF Sl1BCQNTR ACIM) (1) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily injury or death. ' (2) Property Damage Liability providing limits of at least $1,000,000 per occurrence and $1,000,000 aggregate. GP-6.4 �;;�'roArTrr�r r IABILITY Property Damage coverage with $1,000,000 aggregate limit. GP-6.5 QMER'- TL_�RQTEC P LIA I_ ARIO PROPERTY DAMAGE „1 MURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage r insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. I The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This.policy shall be tiled with the Owner and a copy t filed with the Engineer. ff ! The above requirements GPA.2, 1.3, 1.5 fur.property.damage liability shall contain no exclusion relative to: J I (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) ApA 1,im . j. CAMDOCSTROJErCllcovinpton gartden document.wpd t w, 1 . . tat""� .,... .^----�..._.. ._.._.._.�.. :_.._:'.._�,.,.._...:._._._... ..'. .t r ,t v.yjk.•:>'s:lf>.F'.o>ifatF,,.�, s 4 q r t. } (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, a pipes, mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of, or structural injury to, any building or structure on or adjacent to the City's : :. premises, or injury to or destruction of property resulting therefrom, caused by the removal of l --� other buildings, structures, or supports, or by excavations below the surface of the ground. --� GP-6.7 AUTOMOBILE R DILY INJURY LIA911-11Y A AUTOMOBILE PROPERTY i J DAMAGF— ASILITY INSURANCE Contractor shall carry 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. � P 1 • GP-6.8 EMPLOYERS LIABILITY AND ORKMEW. ltllPENBATIOiiI ! t.. Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, ' and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employers Liability With a limit of$100,000 per Person. The "All State" endorsement shall be included. '{ In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 . INSTALLAIMN FLOATER INSURANCE t ' i This insurance shall insure and protect the Contractor and the City from all insurable risks of i physical loss.or damage to materials and equipment, not otherwise covered under Builder's ' Risk Insurance,when in warehouses or storage areas, during installation, during testing and ' until`the work Is accepted. It shall be of the "All Risks"type, with,coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the worm at completion, less the value of.,th8 material and equipment insured under Builder's Risk Insurance. The value shall include the y aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater insurance shall also provide for losses, if any, to be adjusted with and IPA made payable to the Contractor and the City as their,interests may appear. . s Q WPDOMPROJECneovinpton gartden document.wpd April 11 1998 ; 1t ysi 4 7 t• 1� F � � �.� t a Y 4 J° If the aggregate value of the City-furnished and Contractor-furnished equipment is less than ;. $10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. -1 GP-6.10 F Irf FOR-GTHER Li ssf-s f T 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 4 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 strictures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or Incident to larceny, theft, or any cause whatsoever (except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor ' connected or to be used as a part of the permanent materials, and supplies necessary to the work. GP-6.11 CDNT,gACTOR'S RESPO.N .1 1 II_ TY ON DAMAGES C A�.IM INDEINYNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and - agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever ' -• arising,out of action or suit that.may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury, death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and ' supplies incurred In the fulfillment of this contract. st 1 GP-6.12 (4( TIFICAUBON IN EV NIOF LIABILITY OR DAMAGE �. { Upon the occurrence of any event, the liability for which is herein assumed, the Contractor ' agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give ` the details as to the happening, tlie cause as far as can.be ascertained, the estimate of loss i t f or damage done, the names of witnesses, if any, and stating the amount of any claim. 5 a i GP-7 ENT CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the.Surety on the Contractor's bond. L Such consent of J Ap CAWPDOCSIPROJECTkovington Padden document.wpd . di 1,1999 r !Y >b3 1 � ��3 uaryv rl 3 t w j Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. i GP-8 PRINCIPAL MATERIALS- NT -, Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. 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. i' t GP-9 OTHER CONTRA M �j The City reserves the right to let other c .� ontracts in connection with this work. The Contractor shall afford other contractors reasonable.opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractors work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect In such work that renders it unsultable for such proper execution and results. inspect and re report all constitute an acceptance of the other contractor's work s His failure so to p p as fit and proper for the reception of his work, except as to defects which may develop in the A -other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors Is contiguous to work covered .by this Contract, the respective rights of the various interests involved shall be established by the Engineer, In order to secure the completion of the various portions of the work in g eneral harmony. a CAMDOMPROJECTIcovington gartdnn documentwpel April 11 1998 t , �r � I' s 1 , 1 a GP-1d I FGAI RE�TRICTIDNS. PfRNIITS ANDAEG111- 'CKM --� The Contractor shall.procure at his own expense all necessary licenses and permits of a + temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless p ordinances otherwise specified. The Contractor shall give all notices and comply with all laws, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 RO VAI TI "S AND RATENM 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 i ,. infringements, and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work, and in case of an award'of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 S��P12!".TENT OF S FGIFt TINS AND PLANS GP-12.1 SCR!_ t ; . These Spec ications and Project Plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been '? J set forth in both, in order that the work shall be completed according to the complete design i of the Engineer. Should anything ba omitted from the Specifications and Plans which is necessary to a clear' understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer,before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to.the true spirit, meaning and intent of the contract, specifications and plans. -12.2 FMI lgEMMENMNS TS GOYMM Dimensions and elevation s 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 I _ j not indicated shall be executed until the required dimensions have been obtained from the Engineer. C:IWPDOCSIPROJScT%covington palden documentwpd April 1.1898 i Vow{ i 'c 7 _ .. s \%'. e ,,.•S e .t ,xtF 7 IV t tt ' 111 ' GP-12.3 G420�7SAG?lJB tQ�Ce. °i�,N A�9Q�C�EL�llLFFS Contractor shall check all dimensions, elevations and quantities shown on the isicre plans, d a The Conte 4; schedules given to him by the Engn ori�thed ounldnori any error Engineer r omission in plans, or in between the plans and the conditio 9 of the layout as given by stakes, points, or lends to taike advantage of any discover en•or or omission inethe the work. The Contractor will not be allow _ plans or contract documents, as full instructions will be shall carry out uchl instructions as f ' error or omission be discovered, and the Conte originally specified. —' The apparent siitnce of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best yenerai practices, as accepted by the particular trades or industries involved, shall be used. STANDARD-WEGlE1�' ?1JORS GP42.4 soclation, or Reference to standard specifications of any technical society, orga sd scads°specification, or to codes of local Or state authorities, shall mean the latest standard, tentative specification adopted and published at the date of taking bids, unless specifically stated oth erwise. GP-13 i s "..r,nw� roeca�GCF�TA''ril�!�AT�Bt2JELI The City may appoint or employ such "Construction Representative" as the City may deem he work performed under this Contract, to the end that said work is proper, to observe t p «x. , performed, in substantial accordance with the plans and specifications therefor. t a� t The Project Representative: assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction during construction heoC to: safety. The sold duty of the Project Representatty g ' !, endeavor to protect against defects and deficiencies in the work. 4 The Contractor shall regard and obey the .directions and instructions of the Construction k1 Representative so appointed, when the same are co nsi,tent with the obligations of this Repr contract and the spec cations therefor, provided, however, that should the Contractor object z,} i to.any .order given by the Construction Representative, the Contractor may make written appeal to,the`Eh.gineer for his decision. 4 T ( �•' Y �. he construction. Representative and other property authorized representatives of the City T r shall be free at times to perform their duties,an intimidation or attempted intimidation of any k one of them by the Contractor or by any of his employees shall be sufficient reason,.if the Clty o decides, to annul the.contract. AWHI,1996 y C:\WPDOCS\PROJECTkovinpton+pertden document.wpd r i tit •>' v+v ' ::kk i Y Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications —� thereof as herein provided, and work not so constructed shall be removed and made good by j 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. The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer, and the Contractor will be liable for any deviation except on such written order. ' All condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer, withhold payment or proceed to terminate contracts as herein provided. —' 'Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents, the City shall pay the cost of reexamination and replacement. If such worm be found not in accordance with the Contract Documents, the Contractor sha!I pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. I The Contractor shall furnish samples of testing purposes of any material required, by the Engineer, and shall furnish any information required concerning the nature or source of any J material which he proposes to use. k GP-14 UN gND Gt2ADES ' The Department of Public Works will set construction stakes establishing lines, scopes, and continuous profile grade in read work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines,grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give „r such notice. ;max The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged, lost, displaced, or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work, CAMDOCSTROJECT%covington gadden document.wpd April I,199 „ t I 1 Any work done without being properly located and established by base lines, offset stakes, bench marks,or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. 1 GP-15 IE�PC1�ilSt�31,-MLFDR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in —, design or manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which Is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. khenever t 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 perforined shall be provided by the Contractor at his sole cost and expense. -17 PQI�LEB i equipment or for an other use,Ah�owerfor lighting, operation of the Contractor's plant or equ p y y � --' the 0°ontractor, shall be provided by the Contractor at his sole cost and expense. i; 1. GP-18 SUPERINTEND �A WLS MANSHIE The Contractor shall keep on his work, during its progress, a competent superintendent and !` any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. F j The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics,tradesmen, and other employees, necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be , competent and willing to perform satisfactorily the work required of them. Any employee who i= Is disorderly,intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. it is tailed particularly to the Contractor's attention that only first class workmanship will be acceptable. -19 , B�AII�1T ��FT—�►FFIC Whenever any street is closed, the Police Department, Fire Department, and Ambulance �1 Services shall be notified prior to the closing. When a portion of the project is closed t6:,.: ` CAMDOCSIPPOJECTcovington gadde document wpd AprU�� �r its `ti 1 1 i:. t ft4 i } 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". Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project, the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it, ' GP-20 BARRICADES.ANDJ-1GHTS i All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of eff•ective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting pubiic 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. r --1 All barricades., signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be ,• subsidiary to the construction and no direct payment will be made for it. c GP 21 EXl IfVSIALII ATIONS AND STRUCTURES I 1 `. 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 =, f. to the City. he Ci .does not guarantee ty. tY g antee the accuracy of such information. The Contractor shall make eve effort to locate all underground ' every g pipe lines, conduits and structures by I .`s •,:', contacting owners of underground utilities and by prospecting in advance of the excavation. An delays to the Contractor caused b e lines or other underground structures or Y � Y pipe rcJ 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. C:\wPDOMPROJE.CT wovington panden documentmpd April 1,1898 r. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, ` ! r must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will av3tion but not in direct conflict with the eyvers be paid for in this manner. exc storm sewer will be repay ed at the Con acto syexpc:nse. _.i GP-22 i RQTFS21llN_QE WORK A�IL�PR��'E�—T1►' The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons inciudrogtractors and the and employees of the City and employees of other contractors or subc private property including structures, sewers and utilities above and below grounds along, _ beneath,above,across or near the site or sites of the worn, or other persons or property which ` are in any manner affected by the prosecution of the work. The Contractor shall furnish and.maintain all necessary safety equipment such as barriers, signs, warning lights and guards as required to provide adequate protection or persons an J property. notice to the owner or owners of public or private The Contractor shall give reasonable ; property and utilities when such property is liable to injury or damage through the performance relative nd shall make all necessary arrangements ements with such owner or owners of the work, a g to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization, is hereby permitted to act at his i.. discretion to prevent such threatened loss or iniury, and he shall so act. Any compensation, claimed by the Contractor on account of emergency work, sh all be determined by agreement i or arbitration. The Contractor agrees to hold the City harmless from any and all loss 2t may occur during the of jurisdictional labor disputes or other labor troubles of any . Y construction or performance of this contract. :: �,I��- E OF ��►��ERta �tQ ANSHIP GP 23 G � , { Contractor hereby guarantees the work in connection with this contract against faulty Th e. materials or poor workmanship during the period of one (1)year after the date of completion .;; , of the co ntract. • GP-24 NaWAIVE&DEMIGHIS Neither obsery ation of work by the City or any of their officials, employees, or agents, nor any r' r • _ April.1 ism C:UPDOMPROJECMovington partden documentmpd ; 1t , 4 t "1`f er :.? 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 j City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reservs:d to the City, or any right to damages herein provided, nor shall any a waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. I l GP 25 USE OF-GDV1EL E1EI]-PDM1Q S If desired by the City, portions of the wort: may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. ir. GP-26 ®QGITIONA!`, ELi, OR CNANSEIM OR The Owner, without invalidating the Contract, may order additional.work t4 be done in I 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 j and performance as though therein included. J The Engineer shall have authority to make minor changes in the work, not involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly i executed change orders, issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and . � ordered in vrrifirsg by the Engineer,which order shatl state the location, character, amount, and + method of compensation. No additional or changed work shall be made unless in pursuance t of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done, and the added work " or any part thereof is of a type and character which can be properly and fairly classified under F one or more unit price items'af 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.'OtherMse,such work shall be paid for as"Extra Work"as hereinafter provided in this ` Article GP-26:` If the modification or alteration decreases the amount of work to be done, such decrease shall f 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 41 Engineer shall determine on an equitable basis the amount of: ;> A 11,1898 CAMDOCSTROJECTIcovington garlden document.wpd Pd S rl .,.. ..*+w<..,assv:s.s—•i7:.,.ucvi,i,....e :' .,1 x,. .. , . Y.• .. F s��{. i "" ...1 I. 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 ;t t such adjustments is not clearly defined in the contract documents. Statements for extra worts 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 regu lar 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 cialm for damages or anticipated profits on any portion of the work that may be omitted. FxtrWork. (a) The term "Extra Work!' shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans ; or reasonably implied by the Specifications and not covered by the Contract proposal items and which is riot otherwise provided under this Article OP-21. (b) The.Contractor shall perform all extra work under the direction of the Engineer when jauthorized by the Owner. The compensation to be paid the Contractor for performing extra C work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price . 2. Method B: By agreed lump sum } 3. Method C: if neither Method A or B can be agreed upon before the work is started by " farce account. (Per Section 109, Measurement and payrnent, Missouri State Highway and Transportation 'Commission. Missouri Standard Specification for Highway A Construction 1996. GP 27 ;USPIEW1EIC]�1 D Wf'1RK The Owner may at any time suspend the work, or any part thereof by giving ten (1 A) days ' notice 4a the Contractor in wrifing. The work shall be,resumed by the Contractor within.ten (10) days after t date fixed in the written notice from the Owner to the Contractor to do'so." •� tw t C;\WPQOCS1PRnJECTlcovington gaitden dccumentmpd April� 19£8 £% fi}ef'1 All _ K irr. But If the wo , or any part thereof, shall be stopped by the notice in writing aforesaid, and if rk 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 all work done on the portions abandoned, to the estimates and payments for p will entitled he be if any. 1 GP-2$ ��6fNPR'G RIFT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner, after ten (10)days written notice to the Contractor, may,without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 S2VVN R'S RIGHT TO TERMINATE LCONICACI 1. 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, r if he should persistently or repeatedly refuse or should fail, except In cases for cy� P Y 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 fuller payment will be made the Contractor until the work is finished. If the j unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. i GP-30 If RIGHT TO STOP WORK OR t(i-RMINA'TE_CONTRACT If the work should be stopped under an order of any court, or other public authority, for a I 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 t Engineer,stop work or terminate his contract and recover from the Owner payment for all work' f >>' executed ,and any loss sustained upon any plant or materials and reasonable profit and r ► damages. ,. CAWPDOMPROJEC Rcovington gadden document.wpd April 1,1998 11 ) 1� o i li; .,... ._,._.. ...� J,_ 'tr• .,'rc x tii; ift ��t fr ti f��', , '. y , rMr s GP-31 LDSS.ESL.BQM-MAIUR-AA- A --; All loss or damage arising out of the nature of the work to be done, of from the action of the r elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and expense. GP-32 S11NQAlY. 1nAY AND BET WD K 7 No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work maybe done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written g e City; such permission however, may be re voked at any time by the City if the permission of th Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. { GP-33 11�IEAY0RA��� c, ,SSBIir•.TA�DN Q�NQ�TlQ�1,5 During unfavorable weather, wet -ground, or other suitable construction conditions, the t i ; Contractor shall confine his operations to work which will not be affected adversely thereby. r No portion of the work shall be constructed under conditions which would affect adversely the k quality or efficiency thereof, unless speciel means or precautions are taken by the Contractor -� to perform the work in a proper and satisfactory manner. 4 GP-34 GP-35 d8®TFaIAt AND F MIEWHI f Unless specifically provided otherwise in each case, all materials and equipment furnished for . permanent installation in the work shall be new, unused, and undarnaged when installed or 4 otherwise incorporation in the work. No such material or equipment shall be used by the s Contractor`for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. 4 GP-36 QFFF QF-S In case any action at law or suit in equity is brought agalnst,the City or any officer or agent of them for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covtrn7nts, acts; matters, or things by this contract undertaken:to be'done or CAWPDOCSIPROJEGTIcavinyton gartdon documont.wpd ?wZt.r.:v' Mwr w. f .jel'4e }'' ,a' .t'.. •s _. �ti t � .- ,., ,.,r„ •e'.. '.• Ems �r .,�'., '.: .S ':. .,::' r ,, ,•.:. .. .. •I :,' .. 'fit s'' }f;j k � 1}-i;t .a{4."a�l!. �;�1 .tr:. s:•aF s '� , t'. r . fi t Y J r performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers j; of machinery and parts thereof, equipment, pourer tools, and supplies incurred in the fulfillment of this contract, the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. f GP-37 CHANCI f -� Any changes or additions to the scope of work shall be through a written order from'the } Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. S�IRAGI-TWE GP-38 The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable —; weather condition unless suspension of the work for such conditions was authorized in writing 4 by the Engineer. �1 work is based upon working days,this time will be specified If the time for the completion of the p kY in the contract. 'A working day is defined as any day when, in the judgment of the Engineer, f are such as would permit any then major operation of the project soil and weather conditions ` far six (8� hours or over unless other unavoidable conditions prevent the Contractor's } operation+. If conditions are such as to stop work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. t' Saturdays, Sundays, and City holidays will not be counted as working days any time during y , the year. } 6P-39 MNUIAMMEMMU91ON for time lost due to causes which he deems justification j The Engineer may make allowance , for extension of contract time. If the Contractor claims an extension of contract time on the grounds teat he is unable to work due to ceases beyond his control, he shall state his reasons ' in writing, furnish proof to establish his cl aim and state the,app roximate number of days he r + i 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. t CAWPDOCSTROJ£C7lcovington gadien&cunnentwpd tr f it _ • '{f >} :Jr+ ..cb,. ,:rt...r:.ai'c >w ,.;I .. .. t ....1. s. ; •.. .. . ... {', * t :�'k�,, >; Y 'f'Pub. , 4, s z' J s ' r >•, z,tx �>i r�„�*R P;7`ai��fi a Iv 1 f r . . GP-40 LW11111WEDJ2AMAOFS , Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or In case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed In the manner set out in the preceding sections, a.deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract ! remains uncompleted after the time allowed for the completion. The said amount set out in I the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the j City and the public, after the expiration of the time stipulated in the contract, and will be deducted from any money due the Contractor under the contract, and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue j and finish the work or any part of it after the expiration of the specified time, or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of its rights under the contract. GP-41 MEASUREMENT AND PAYMENT (a) RASIS-ED-R-M MEN T t 3 Contractor will be paid for quantities actually constructed or performed as determined by field measurement(except as may be hereinafter provided)at the unit price bid for the items listed ? in the schedule of the Bid or for such extra work,as may be authorized and approved by the t Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for 4 the completion of the project shall be included In bid items. f rt (b) DEFl1!!" 2�1 rn�x Lt4.�gF.. Et2 WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not I:- .�! done in accordance with the Contract,an equitable deduction from the Contract price shall be made therefore. (c) 1.1;dBdE' 'UM ITEMS l f : Payment for each lump sum item shall be at the lump sum bid for the item, complete in lace, f. ym p P P and shall Include the costs of all labor, materials, tools,and equipment to construct the item: 11: as described,herein and to,the limits shown on the plans. 1 , j r (d) PARTIAL-PAY�I 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. 1 - . A retainer equal to 10% of the amount of work completed to date shall be withheld. C:1wPlZOCS1PROJECT14ovington gartden documentwpd April 1,'I +'-� t. I .na . (e) pa`[`�QTA�3 :�_�1N13�1N�1! PAYIVTENT Upon receipt of written notice that the work is ready for final inspection and acceptance,the Engineer will promptly make such inspel^tion, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the i City of Jefferson within thirty(30)days after the date of said final certificate. —{ AE: QE-CdMPLIAHCE -� Monies due to the Contractor will not be delivered to tie Contractor 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. GP-42 RELEASE.-OF LIABIL11Y ,. ' 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 { mished for, or relating to the work, or for any act or neglect of the for anything done or fa ! Owner or of any person relating to or affecting the work. I j GP-43 i3 C1E1 �Q GP- 3.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of I asphaltic concrete or portland cement concrete mixtures shall certify in writing i fully with these specifications. Such ? A that the product as suppiiE:c! conforms cer3ification shall be delivered in triplicate to the Department of Public Works at ! least 24 hours before the product is to be used on the project. i GP-43.2 The City, at its option, may perform or have performed such tests as maybe deemed necessary to further assure that only specified materials are Incorporated into the work. f d u GP-44 , } In making purchases or.,ln letting contracts for the performance of any job or.service, the purchasing agent.,hall 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 r« quality of the commodity,or performance promised is equal or better and the price quoted is the,same or less. rt' C:1NIPVOCSIPROJECT%covir;gton Qadden documasnt.wpd April 1,1998 77 7 �c r s , '''} f ;•i s l 1 7' i ,.y t ' GP-45 eREFEjRE C.E_EO.RSLS—MANUFACSSIRED GOODS 1 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. - r i ! GP-46 AWARD OF .ONTRACT -REJECIMSIE BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid -� proposal, complying with the conditions of the Advertisement for bids and Specifications, } providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible , date. The City of Jefferson, however, reserves the right to reject any and all bids and to " � waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-47 AFE_ii]AVIT OF COMPLIAAIC- WIT'HPJ11B1 1C WORKS' COPITRACTS LAW ` _.i Upon completion of project and prior to final payment, each contractor and subcontractor t h e C' of Jefferson Missouri, Public Works Department, an affidavit hereunder shall file with the rhr , stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1993 Supp.), are act relating to Public Works ". contracts., The City of Jefferson shall not issue a final payment until such affidavit is filed. ;. :GP-46 M! SOURA I LE3 RER REQIIIIFtEMENT tt {" 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 re or laborers from non-restrictive states are not available or are incapable or performing... s the particular type of.rrork involved, If sa certified by the contractor or subcontractor hereunder`" and approved by the Public Works Director of the City of Jefferson, Missouri: Nor does`thls 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. April CAMDOCSTROJECTIcovington gartden document.wpd ril 1,1998 S fJ 4 z, t — •- -- .mew .. ... ........._. . . .. .: ... ........._. .. ... _ ._.. .......-...............,..._.._....._....__..�._�... - 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 X a laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. "`i GP-49 LIABILITY FO12gOWILIAME WIN PUBLIC WORKS CONTRACTS 1_AW A OMSS.OJIlRLI.. OrtER REt1LrlROdEhLt ' f In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit -� stating that the contractor or subcontractor has fully compiled 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 contractorr 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 Missourd, agrees to hold harmless and indemnify the City of . Jefferson, Missouri,for an liability that may be assessed against y ity y agQ nst It or any additional expenses i incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. i i �. END OF GEN RA pROVISr�NS - :.. ! : s 1 !t RR , C 1WPDOCSIPROJEC1lcovinpton gartden documantwpd ,,.. April 1,199t'1 ff a �SS }, .1. t '.k.'ery N.KS,e,.};.fu{d� W:r{ ,ry.,t.i7.H NHd+'•.-r-:M 3.l„Yw ', ku3 , •. xr—+•nr .,...._t_., ,.� °��.,�,,,'' 8 .�tzacr �" ,fig :• r 1 t. .. t , j ti S A PRO r ISIONS 3 771 FORWARD: The provisions of this section take precedence over any other provisions In these specifications. gP.� TECI�NAr-AL-SPP CiEj�]'1f�NS AND DETAILS - The Technical Specifications for this project shall consist of the 1996 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, 7 General Provisions, Special Provisions, and Detail Plans. All construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 PARTIAL PTANCE f The City reserves the right to accept any part or all of the bid for the project. J SP-3 PRE4--QNSTRUCTIQN 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, Die Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. The worts schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. :,A PREY-AUbGJNAGE LAW ` Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, Is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a dearly legible statement of all prevailing hourly } wage rates shall be kept posted in,a prominent and easily accessible place at G the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. t. ' ` n CAWPDOCSTROJECT%covinpton partdan documentmpd Apnl 1,9998 a _ if ..w'•� .. - `'.:dry. • 1 r 1 s �'- t }t 7 't .:S .;.3a��•� 3 t t �,y`F� � n��'� yta•���23 o y r ra iy` M yJ All certificates of insurance provided fur this project shall be issued directly from the company affording coverage. Certification from.a local agent is not acceptable without the necessary paperwork empowering and authorizing the , agent to sign the surety's name. In addition,when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. s. - $124 PROJECT C� DI P�Tlfllj(�P1l�t TIPL.1=. PR JECT BID1 { Only one project in this phase shall be under construction at a time unless prior r approval is obtained from the Director of Public Works. Construction on that project shall be essentially complete before the next project Is started. t SE-1 MAII BOXES If U.S. Postal Service access to any mailboxes will be interrupted during --} construction the Contractor shall contact the U.S. Postal Service to determine ' where the mailboxes should be set during construction. { Mailboxes shall be reset at appropriate locations by the Contractor once work is complete. Any materials damaged by the Contractor shall be replaced with material of better or equal type and quality at the Contractor's expense. T I TRAFFIC GORTR DtJRINOi T-R -TIO `{ All work shall be in accordance with the Manual on Uniform Traffic Control ,..! Devices. Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. On projects open .to;traffic, "R potential i AHEAD"signs shall be placed appropriately. On projects closed to traffic Type III barricades signed "ROAD CLOSED" shall be placed at both ends of construction. 5 Sp;I e�cE� LROPE$71ES l ` { Poor tcj the removal of the driveways to any dwellings or buildings, the rixt .•F , t .t • .! .. t, rdntractor shall notify the.inhabitants of such structures that the use of the driveways or access will be t ' porarily affected. Notice�shaii be of sufficient r length to allow the persons affected to remove vehicles and other items that ray ba inaccessible during construction activities. � r C:\wP00CS1PROJECTcovinfl4cn flartdon documantwpd ril 1,1998 , Ap ra r } �. .E2 htsrR i. t 7- xrx to t. �.� ,i.....iF..„,'^"ti i43t a,rs s _,...�t ,+..�.. >•xr:*t Fflc s ' S e,r, r ,3' ,}19 r& r ff0$3 �,5 7 Yyj''}f1Y F}�y t i ,4rn§•e?•f�jt1`r.},+<yn' ;. „S. f t ,F .. .:, k... r s '' - It C i 1 Y . t. s { k Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches,ditches or other barriers and obstacles for`pedestrian traffic. Appropriate devices shall be used to wam the public of the dangers that R1 may be present. t f?BOL'ERTIE.S i SP-10 PFIOY�G�'1Qd�,IS2�_AD�.b�EL�L 1 t { Surface water shall be diverted and otherwise prevented from entering or damaging adjacent prop:::rty as a result of precipitation during construction. 4 � , t: t ' The Contractor siya{i expose all utility crossings to establish location and depths t }: prior to construction. SP-I2 R(`1d`K REMO AL '-' No explosives shall be used on this project within fifty(50)feet of a structure. Rack in these areas shall be removed by mechanical chipping,jack-hammering f, or other methods approved by the Engineer. SP-13 UNDERGRADING 14V R DA Gll"t' r t Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled ?. : de with a drainabie material with top surface choked with fines for proper subgre --i preparation. No direct payment'shall be made for back ill materials. The only payment made shall be for cubic yards of rock excavation. E 4 ' EXCAVATl'f•}. OR-SANUARY-SEYMER All excavations required to install the sewer pipe, manholes, and other necessary appurtenances shall be unclassified (for example no direct payment # ` will be made for rock excavation,the cost of which shall be included in the unit i price of the installation of any required itern). i SAS s 1 J The unit pricy for the Installation of sewer, pipe shall include all necessary . , excavations; ditchinr�, hacklilling, bedding;.,shoring.or any other:item",required t to make the installations,of the pipe: xy f i S W a: X - { C AWPDOMPROJEClkovington pa►tden documantwpd April 1,1998 z'' "` V 'i4" t•✓ rI e J' "Y Jk .A.�. t 1. ,�`�•' { it Section G13-1, Definit9ons, is hereby,modified by the addition of the following 1 defifiltion: 15. "Consultant"shall i'nean the company that prepared the plans for the ':. work covered by this contract and Its duly authorized representatives. 7 SP--'L 9EAS TO SE LEi=T IN PLACE t 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 i repaired by the Contractor at his own expense. ENt� OF SPECIAL PROVISIONS 4 , , t � f tt 4. r .{T 't Yf 1 rtd ii mod'; i. J4 rE 't C IWPCOCSPRtlJEC rleavirptan.yurtden documuntwpd Apra 1,1994 r f t ,." H ' !li� t :v. 1.• i t � e � : Y �j t� 'C,F'�k��_('�' :'} � �h I}. t �+ .� � f .r 31t.. .iy'�l ;-0 .; � ��it r e t� ! 4• 1 '�. t 11 i .. .. f .I . . .•F . 1" I I � ! 11 � � I � I � I I I I � I � I t � � I - � I� � I � 1. I I ��. � � I I I I i - 1 :1 � � - . �� 1 . %.. I . "I 11 - 11 11 I � .1 . I I I � . 1� I ; � .1 . � 1, . . I . � � I� I I . I- � I I I � - 1, I . . I I I I I I J 3 .J I _ k , 't .. i . .?"I*-.;":,/. }.. .t y{i :. . . _ !ti, „ I . 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I ° J/: ., 6. 1 ) ',� -M'7.t ' .` 1 \1 'f. /7rK ('.'��.r, :�, ' K. '. f _ e'1 rte\ /.r .r J. /) .��y / a� .'d, :/'r!•� f . I. \ \n, p. !\i° -? ,tom':r/- , , ''•• -,I ��\ I ,�r. _ •'• ''''/. 'l{..' i>r'}, •"� . ' I - ., is��' \.t Y' 1,'l. /,= -C �`.' w'� 'I .C.!: .�. ^'�•�1.,11- ,.',, t:'; 1,,^.1, Y';''' ;\,-, C. t 1. ,:' y ,( j' -1 �(, - / .'`+%t -r. i , '✓•.1:;\r ).. ' "., .I':xL 7 : :ant .��. �..._.........,._... ,. .. ............... ..._.._... -....._,..._.,.__.....��. or h ,Duane Schreimann city of Jefferson � �� � n Mayor ; Martin A.Brose,PE,Director Department of Public:Works Phone:(573)634-8440 Fax:(673)634-64 57 i 320 H.McCarty Street { Jefferson City,MO 65101 z: April 3, 1998 f .. Mr. Donald E. Rhea Vice President Don Schnieders Excavating 1307 Fairgrounds Road Jefferson City, MO 55109 RE: Covington Gardens interceptor Sewer and Force Main, Project No. 31040 Dear Mr. Rhea: referenced Enclosed please find three (3) copies of the contract for the agovend project. Please execute the contracts, return them along with performance a payment band s), certificate of insurance, and Owner's and Contractor's Protective Liability company 4 . ' ( possible. The certificate of, insurance must be issued y I " Binder as soon as pos,i � . affording coverage. Certification from a local agent is not acceptable without necessary fit In ' documentation empowering and authorizing the agent to sign the surety's name• c do addition, if an aggregate amount is specified, a statement of the amount of that aggregate available to date must also be included. 13 separate letter, the Department of Public Works will issue a Notice to Proceed By p � . on the roject. You must submit the above documenfis in correct form before you begin j p work. f Should you require additional information, please contact the Department,of Public Works at 634-6440. Sincerely; ( . a ,i r : Erose, Dire for of Public Works £ r MA als c Phyllis IPovvoll,`City Clerk " i-homas;B. Jones, PE; Wastewater Utilities Division Director lk t• i a I } f to Ado. CERTIFICATE OF LIABILITY INSURANCDupID cH DaTE(MM/DD/YY) 1VONSC-1 04/06/98 I ER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .or-Dent 6 Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR _ .J. Box 1046 ALTER THE COVERAGE AFFORDED BY'THE POLICIES BELOW. Jefferson City MO GS102-1046 _ i COMPANIES AFFORDING COVERAGE COMPANY Phonew 573-634-2122 Fax No, 573-636-7500 A Continental Western Insurance INSURED -- COMPANY B NO Employers Mutual Ins. Co. Don Schnieders Excavating COMPANY Company, Inc. C 1307 Fairgrounds Road COMPANY Jefferson City MO 55109 p COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS N A PTH LI PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME IT V F� IICH THIS CERTIFICATE MAY UE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED DY THE POLICIES DESCRI , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID GlEff TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS LTR DATE(MM/OD/YY) DATE(MM/DD" GENERAL LIA&LITY�-- •`— r GENERAL AGGREGATE s2,000,000. A X COMMERCIAL GENERAL LIABILITY 9NA31-20 10/10/97 10/10/98 PRODUCTS-COMP/OP AGO $2,000,000. CLAIMS MADE rX OCCUR PERSONAL&ADV INJURY $ 1,000,000. OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000. FIRE DAMAGE(Any one fire) $ 100,000 MED EXP(Any one person) $5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000000. A X ANY AUTO 9NA31-21 10/10/97 10/10/98 ' i ALL OWNED AUTOS BODILY INJURY �Y�r SCHEDULED ALITOS (Per person) $ X HOMO AUTOS i BODILY INJURY ' X NON-OWNED AUTOS (Per accident) S — PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S v AGGREGATE $ { EXCESS LIABILITY EACH OCCURRENCE S1,000,000. I A X UMBRIELLAFORM 9NA31-22 10/10/97 10/10/98 AGGREGATE $ 1,000,000. OTHER THAN UMBRSILA FORM retention $ 10,000. ' WORKERS COMPENSATION AND X TORY U1MRS ER EMPLOYERS LIABILITY EL EACH ACCIDENT $ 1,000,000. B THE PROPRIETOR/ INCL 506563 10/10/97 10/10/98 EL DISEASE-POLICY LIMIT $ 1,000,000. PARTNERS/EXECUTIVE j OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $ 1 000 000. ? OTHER E i i DESCRIPTION OF OPERATIOttS/LOCATIONSIVEIi1CLES/SPECIAL ITEMS i Project: Covington Gardens interceptor Sewer and Force Main, Project No. r,!7711FICATE HOLDER CANCELLATION - JEFFE13 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE i EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL t I 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO'iHE LEFT, City Of Jefferson BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Department of Public Works 320 East McCarty Street D UPON THE COMPANY,ITS AGE1JTS OR REPRESENTATIVES. Jefferson City MO 65101 A *+o�I.ED PRE�TIVEX. ACORD 25-S(1/95) ORD CORPORATION'19S8 i ' O--RDA 'INSURANCE BINDER OP ID CH DATE(LAMN DIYYj 04/06/98 BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. CER jL _ 573-634`•2122i� COMPANY— BINDER0 764 _ 00 Continental Western Insurance Winter-Dent 6. Company DATE I TIME DATE I TIME P.O. Box 1046 X AM X 1201 AM Jefferson City MO 65102-1046 04/06/98 12:01 PM 04/06/99 KWN THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY i CODE: 081424 �SUaCODE X PER EXPIRING POLICY N NA-DON3C1-OCP CUSTOMER 10 DONSC-1 DESCRIPTION OF OPERATIONSIVEHICLES/PROPERTY(Including Locabon) I INSURED Owner's Contractor's Liability Policy; � City of Jefferson Project: Covington Gardens interce for Departments of Public Works Sewer and Force Main, Project No. 31040 320 East McCarty Street i Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE -mow - COVERAGE/FORMS_ DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS — BASIC D BROAD Q SPEC ( i GENERAL LIABILITY GENERAL AGGREGATE _ $1,000,000. COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGO S CLAIMS MADE D OCCUR PERSONAL&ADV INJURY f t X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1,000,0001 I FIRE DAMAGE(My one fire) f pp I RETRO DATE FOR CLAIMS MADE. MED EXP(My one person) i ` BILE LIABILITY COMBINED SINGLE LIMIT f +NY AUTO BODILY INJURY(Per pennon) f ALL OWNED AUTOS BODILY INJURY(Per aedient) f SCHEDULED AUTOS PROPERTY DAMAGE f t HIRED AUTOS MEDICAL PAYMENTS f } 1� NON-OWNED AUTOS PERSONAL INJURY PROT f I UNINSURED MOTORIST S ? AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE jCOLLISION: STATED AMOUNT S OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT f ANY AUTO OTHER THAN AUTO ONLY: jI EACH ACCIDENT f t EXCESS LIABILITY - AGGREGATE S f EACH OCCURRENCE f s UMBRELLA FORM AGGREGATE f -- I OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE SELF-INSURED RETENTION f { STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT f AND( EMPLOYER'S LIABILITY DISEASE•EACH EMPLOYEE f I ypEp� Don 9oLnieders txaawatiny Coupagy is re. Dayrueut o! premium DISEASE-POLICY LIMIT S sDonsible for D FEES f 4. Coo7O�NNDqIITIONS/ aad audit. " 1 ODMERADES TAXES f �,. ESTIMATED TOTAL PREMIUM f r,"44'e&ADDRESS -_ 4' hIORTGAGEE ADDITIONAL INSURED LOSS PAYEE LOAN N AT PRESENTATIVE ACORD TS-S(1/97) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE ORD CORPORATION 1993 r t i r:' s _ CONDITIONS This Company binds the kind(s)of Insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the pollcy(ies)in current use by the Company. i This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions.This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates In use by the Company. i Applicable in California When this form is used to provide insurance in the amount of one million dollars($1,000,000)or more,the title ' of the form is changed from"Insurance Binder"to"Cover dote". `• Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder Issued by an authorized insurer or its agent if the binder includes or Is accompanied by: the name and address of the borrower,the name and address of the lender as'loss payee; a description of the insured real property; a provision that the binder may not be canceled 1 within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- j; lation at least ten(10)days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of Insurance coverage. Chapter 21 Title 25 Paragraph 2119 f Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof is required: (A)Shall be fined not more than$500.00, and(B)is liable to the party presenting the binder as proof of insurance for actual,darriu5es sustained therefrom.' rr ACORD 75-S(1tP 4 � tr „ yp .",,w^":."''.r.w,+wuah}+ayntt.,K+�+..aw5:wa KlHG:/...•11-tti `� '.. ._... . •. 1 Amm f f F . }` Sdtiar�. `This Ordinance shall be in full force and effect from and after the date of 5. 3, its passage and approval. ft ased: y,=6 - rr Approved: y" 2" 9J-- 1 At presiding Officer Mayor REPROVED AS TO F M: 3� City CI&K City Counselor" x. r tw .. .. . 5 a t�f,k i J' {{ a �3 � 7 r wt`r�f 4 f w � {�{ i qa�z;; �.""n'4*"'Y 1r'Gg8�,t5{^✓r v�h.'i r1 r[rfr3ap +x`6t+i k G� �,s + t ' r s " r, sr'S., xrr i`y.§•r 1. 'j.,,t="'2�rfrf. ,f 1��.F::� r• {. :17;.`;n ANA:i�'l�`k4"R. ..,;`!>•, ',i:{MR 1`„ �A<1 4'h :'X h tt,. �'� 1r€ Y.. l Yy 4 '{["f2 77,77777- r F . L yi`l' q. n/ufSi h v.. t� 5 ;s S � i � t r. 1 f r r i it Z ,*4''€i•'}-;. Jt,ty � *o."ni •3a`0�1,�{.S�•e`t:�y-0s �`,itr' ii,•,�• +`�?'S k t��t���" ,�,1��7t -'tit{ > � .tt4 � "'` ; €,'� 5 St. : r t ry; r- Z .arr ��� �, C�>� P�'E;.ti>-s r��={!�j f apt.,k1 �,t,�IA.:C ty vow is �e ` i� f ' .s Y ?."N+ •r � ..� �[ r r,,K �.., Jr t q "fir .) i �P FINANCE DEPA RT MENT a, �T,J CHA SING DiViSI�N CT: Bid 1759 -Covington Gardens Interceptor Sewer and Force Main I SU13JE Public Works- Opened April 3, 1998 { BIDS RECEIVED: ating, Jefferson City, M0 Don Schnieders Excav $130,650.00 ' Stockman Construction, Jefferson City, MO Twehous Excavating Co., Inc., Jefferson C Industries,Inc., Je on City,MO $149,575.0 J fferson City, O'I $169,700.00 Aplex;Inc., Linn, M© FISCAL NOTE: 6400-9900-7310-0020-31040-0301. Sewer Extensions $390,000:00 1997-98 Budget i Expended •32,313.04 7,235.00 Encumbered 1 ;i $123 377.50 Bid 1759 Balance $227,074.46 ORIVIANCE: Don Schnieders Excavating Co., Inc. Of Jefferson.City, Missouri has ' PAST PERF ` City as ecifted. The Public Works staffbelieves that this bidder will completed projects for the ty P be able to cdmplete the project as bid, RTdCVMMEND A.TIOI�I:. It is the recommendation of staff to award to Don Schnieders. Coristwetion;Co.,Inc. in the amount of$123,377.50 ss ' r} TACIIII�F?NTS - StTF,PORTI'NG DOCLMENTATI4N Tabulatwn'o1'BidS, Departmental Recommendatirr� ,.. . � .. S�gnatur Works urchassing Agent D D . art ent Director-Pu 1 ` e )xi �. y ) ? - , .,, a, It<',i ,tit t�.-P� .% '�, ... .•^ ty":����r�r<� 1� .R£ 5 --•cw.•w rr 4.x ,w.e,-uw.r�—•— :1F L.:. ' �. .J r�1. Y� .H,.t. i Iu'hr'�• `f�4�r :t 1 , t T i ',1P j '`T • j r " Lqk An `SS . .. ., ..5-. S To: Purchasing i From: Marty Brose, PE; Director of Public Work Subject: Bad No.•17: 9; Covington Gardens Interceptor Sewer and Force Main Project No. 31040 F .. Date: April 3, 1993 f i We have reviewed the bids for the referenced project and recommend the low bid of Don Schnieders Excavating CoMpany, Inc. This bid was received on an emergency basis, Seven (7) contractors were solicited to bid the �t project. Apr®-bid conference was held April 1, 1998 at 2 p.m. with six(C) of s; the seven (7) attending. Bids were received and read aloud in the Council Chambers at 10:00 a.m., April 3, 1993. This project was necessitated after ` receiving .cost estimates for Line.A in Covington Gardens which were r, $00,000 higher than our original estimate. Are -evaluation of the bide and ► r ectfound we could extend our service area for less cost and reduce the { G , nurr�ber of pump stations tv one nearth of Route C. This option was not { available during our original planning process. The urgency for the project v. •: is du® to the development in Covington Gardens. There are now five (5) ! ;; homes occupied with over twenty (20) under construction. We are i temporarily taking care of the wastewater by pumping and hauling. .The f {` current capacity in the existing line is not sufficient to efficiently continue i this option for very long. a MIAB•als , t r t . n. ., }s , x Il:,.:., j....;A(.,; ! .,✓' � x ; . .'' i'di..� :...: .'.. .'..... :.. .., f �T{r M1"�`'i*�f}.:T�•;u+4F L. .� n{l t:t'' F _Y`",, `,' L*� YihtFx' 'ij fij�tl� •::1^t A{fdpitLy'i',? ,rk 4 r a .,3 xnr� s3 fF Y 1 � r {£ t 5 8 8 8 8 8 E 8 8 8 8 8 8 8 8 8 8 S co � £Ia8 k. IM A n Yf n 8 O 8 8 g s 8 8 8 $ 8 8 .. M V h �T 47 t0 t� M 8 O p r . � y!• �� � � ;'• � N 8 8 8 8 8 x 8 8 8 8 8 8 8 8 8 8 8 8 Ci HW ' � 8 R 8. � A r h 8 8 8 8 8 8 8 8 8 8 •- a oi vi w ! 6 8 d g w 8 r �" (� M frR N b► N r N t7 N .t t �. r N r N WW N M . IL N N 8 8 8 .8 8 .8 8 8 $ 8 8 8 8 8 8 8 8 8 8 f r o�cWia 8 8 $$tlNy 8 8 5 8 .8tt 8 's A 8 8 8 8 �O 8y OpS S S 8 •z � V► GM N NIA fM1 N , N N �fY •p :, �. WW i' = p Z # t ul iq tu C us 1yJ.' GPI UA to a<,,p�tyJT�a�yt�t`afx�t{i e,��'.x t%�az...'t°<��.�,.r P,,,5�!,f{Y.F�7 t��L 9"��.�.r r..,'���"'`(Ot.�r��`'?yy i.`.I n l' N'Y"�:%a._j':+',;`+'.9>ri�Wi.�MW1..4 w..�Y...ti.'F..i.��nY� +.A_H�•Y.M:fi'.8•n4�g,-*'ii a-2.":YN{8 yU�T��.FV t�..j?. jui tj U 6 7 e r�s'A.«Af.C.�+•r�� zr YCeatp 7.�.e..'it,»k1..l.8r.�Z�dy�,—'..s l�,r y.8 r 000p u�:::.� ....,r8 r.W+:;..w�8 r`Z`��8 r�O O LU 3 C6 it LL p 8 ' $ $ $ C; M Y Uf to 9 tD S '8 S_ .... (p 7� 77777t7tt 4;V, \O , i r I.�t '., ' ks va�Yr ; n a. tr fta�iWt�MY, ill AI 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 o co ui vi '1, u� r► r r , O 9, 8 8 8 8 8 8 8 8 .8 8 8 8 8 8 8 8 N Yi 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 �S z � $ v C Vj �y 4A �A of 44 � vt w v ) d, i w a p p p p z 8i . 8 8 8 8 8 8 8 8 s s `8. 8 8 8 8 8 �"., U dJ O '0" r 'p qG P. CV K Z 1111 r N N N N N MM 8 89p 9 N GII ovQs j _ • _ N N M N d/! N la') r; 1A to N N W H 8 8 8 °0 8 8 $ $ o° $ $ � M O app pp 8 cy Y a $. Q O N 8 N 8 . ' I8 c� N H Q t7 O W r m02' ;'f z w w LL w to to UJ a � 88888sgs $ S888SS8 � sz ° W N M w; C v 'd �; oo A p U z C6 Z U �". U r r r r r- N M h S S�J 8 s ui r W Z_ N N N N N N N N M N N N IUT N N O , CC } 'p a o a .- ° N 8 0 8 N N h r..� J J J J J .J .1 J U W > W J W U U J �. CL IL W LU ))) O p ° t IL W .p W p p { G ,p 1 U 2 U Z V. S LU �XQ p Grp o �i tb CS �b o� .(fit g W Z 41 ill ww V V Y W " Q x Z m Z 5 g g a g w z o o a w a a o Z Z z Z z .w 'w,. .u. o � ,.c�. g <_ z o ire ui .w W a a a a a. O W p U a. Z cn x O ° 0 U. c� 0 O U ° ,z S. W J W tq to (n. ° ., a°. 4Z � m �' cL' D it w tq U U U F. O < O C1 H s U m a zd° F Z° E. z z z c n oa. . a a ° .a gyp] .Q. Qp ZO w !+ <O OD r .r r CR! �- (A .Q .0 W O N h• „` , y; z a a g '$ 6 8 $ 8 8 8 8. 8 8 8 8 '8 8 '8 8 r N tt7 '7. 1f1 !O i� Ca 6 o r N M 'qi .N tD P.. CO t1 SMVLt AMTARytfMX✓J.10c+R+'kW.nY` i 5i' v?+ . 4zrt''k-g`'Yh r. �R 1 I . . , i . ,}'. . t .. . .,r. . . J' ,i 1 .., 1- ht r� e x 1. i . i .. :- `' ..,� 3 - t t' t r x � .. • .. . _ . i . . !' j i.. l.' t. t� ' . .. e e ► _;.. .i f 1'. . . SPECIFICATIONS,AND CONTRACT DOCUMENTS "11 1, `i' PROJECT NO. 31040: .-9 9.., . . d Force Gardens Interceptor Sewer an Main _ ,1 1 . ta . i , y .. *` . :6 ,) :6 9� 1 6 .9 ,6 1 1 I 6 � 1 9 6 1 9 . I : � I . 6 9 61, I ' , 1 ... i . . . . > ilii > ift .I�,..I�: I , 9� �.I., I I 1 6 6 9 %'-%A 1;I - d..ref-rlflf" 1 6 . I� I I . 9 9 1 1 . ,� . :6 1.I� I • ` o � 4 � f f� � ,. � � . p S v M� �q = NUMBER t ..E 175 1 ` } , . 1�`1. • c r1s110 t {„ , : - ' xe4*}r 5`ti rC'+t".. 1 I i di ' i " £ 6.. 4 x. i .v i' , . ^1. .i i � s` t.t r t " Ciygaparnnt Public� x Jefferson; , rp i 9;�.a it 2 . , i, L F ht ) n �y ; 1a lt . 16� r � e s 5� }; - i , r ry t ' April 1949 f t x [,fix; " t :t, \t \t ' 11,t "� 96 K. . \.t :r is Yi` Ti '+ : -2: 1 i ' , , . . >i .., ' r 1� ' , A IF ? 999 n d 0:. . ,POOMPROJECToigt g&W doemt 9 I '} I 61 4 . . .. .. 1t t 9. i 6 1.: . .1. :.. .. J, .. , i,", L 9 ti{ m u„ 4. 1 t 4 ' t .d✓ . +kr vr .,t `u_ 4 t om .ia -11 1, lt � t "- ' A.i, ` x R , 4'� r� . \ .11Y p t , a � . � �0 i pfv��'- ' L '4::0' k c ;� t -t F �" . W ` S ' i f t s t zi r t t ' . : Y K t r 4 it iSL' . K I"- . Jr x i q ip. r i `t� c4 „ t � �i = K xY f` i �.19 rt,E7 i t. a : y 7 S fff t v a i _r� r tti c i �Y e t. I . � ' rr: l'� � , A ` tzt s .1 i . t t � .- 1 r 4 '^n4 . r zT , =vr t R , t4 F t® 9ta♦ %, .dHi t ti.a. u } BID-FORM1. Name of I Bidder Don Schnieders 9xcaya it Company. Inc. t Address of Bidder 1307 .Fairgrounds Road Jefferson City, Missouri. 65109 To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 x i ' THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a) the extend and character of the work covered by this Sid; (b) the location, arrangement,and specified ' requirements for tile proposed work; (c) the location, character, and condition of T' existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, t t g structures, and other curbs, gutters,' reel, sewers, utilities, drainage courses, installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f) the location and extent. of necessary or probable dewatering requirements; (g) the difficulties and hazards to the 3 >: work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, ! " and complete all work stipulated, required by, and in accordance with the proposed. contract documents and the drawings, specifications, and other documents referred to, therein (as altered, amended, or modified by addenda) in the manner and tune prescribed and that he will accept in full payment sums determined by applying to the ,quantities of the following items, the following unit prices and/or any lump sun! 4` payments provided, plus or minus any special payments and adjustments provided in f the specifications and he understands that the estimated quantities herein given.are n71 ,.,.. not gtaaranteed to be the exact or total:quantities required for the completion of,the ? Y ' f work .shown on the drawings and described in the specifications, and that increases or. is 4 decreases maybe made over or under the Contract estimated quantities to provide for nee ds that are determined during progress of the work and that prices bid shall apply r to such increased or decreased quantities as follows: r , OCSTROJECTkovin ton adden document.w ApH1.1,1998 : F C•1WPD 9 !a Pd `� 4� r' Y ..•....r_ ,` t {,';fir t �wKr.£t1�'�. t�ai r $� y� �� qtr j� t C Y 573 6:34 5457 WR-02-1958 [39:47 JEFF CITY FU PCE 573 634 6457 P.01 PACE 1 CITY OF JEFFERSON 4"2-9a t 1'MMI.ES!FiID FORM , CaVNeYOU GAIetL1ENS IN'TIERCEPTOR AND FORCE MAIN SEbIlER PROJECT PROJECT 140.31040 { �� APPROX. UNIT 1 ��^,� � DESCRIPTION_ UNIT QUANTITY - PRICE AMOUNT LF p 11.60 0.00 1.00 S IN °PVC SEER.PIPE.IN PLACE:0-6'TRENCH DEPTH - 2,00 8'P^/C SEWER PIPE.IN PLACE;6.70'TRENCH DEPTH LF 3000 12.10 36,300" 3,00 S"PVC SEWER PIPE,IN PLACE,111-12'TRENCH DEPTH LF 0 - 19'20 -�Q� LF 0 13.00 0.00 R 4,00 10"PVC SEWER WIPE,IN PLACE:0.6'TRENCH DEPTH 14.25 9,975.00 i 5.00 10"PVC SEWER PIPE,IN PLACE;6-1V TRENCH DEPTH LF 700 6.00 10"PVC SF�'t1ER PIPE.1N PLACE. 10-17 TRENCH DEPTH LF 0 23.35 0.00 27._15 _ 2,715. 7.Ofl S"DUCTILE IRON PIPE CREEK CROSSING LF 100 - 40.75 2,037.50 " 8,00 10"DUCTILE IRON PIPE CREEK CROSSING LF 50 5.00 STANDARD MANHOLE(0-6') EA 13 1,200.00 15,600.00 10..00, ADDITIONAL DEPTH OF MANHOLE(OVER 6') VF 2p 100.00 2,000.00 11.00 STANDARD OUTSIDE DROP MANHOLE(2') EA 0 1,000.� 0.00 , VF o 250.00 0.00 { 12:00. ADDITIONAL DEPTH OF DROP - 1 300.00 300.00 13.00 CONNECT TO EXISTING MANHOLE --�" LF 2200 16.50 36,300.00 . 14.00 10"C-SWO PVC FORCE MAIN,IN PLACE E: 15.00 THRUST BLOCK.IN PLACE EA 2 100.00 200.00 75.00 11,250.00 16.00_ 'TRENCH ROCK EXCAVATION(91ASTING PERMITTED) CY 150 -- `` 17.00 'TRENCH ROCK EXCAVATION(MECHANICAL METHOD) CY 20 150.00 3. LF 3700 1.00 3,700.x0 SEEDING AND MULCHING - 123,377.50 T I OTAL BID.COVINGTON GARDENS INTERCEPTOR AND FORCE MAIN PROJECT 1 % r t s e , TOTAL P01 Ir p g} t I - �.�.�IT�"ilaM".�Iwli.[J•sa� - t - -. _ .. rr ..-., ....5`� .'14e. .,8�S{:.iY: ALTERNATE BID AND SUBCONTRACTORS The Cnntrack°��r+ay provide for alternates for storm sewer pipe at the Contractor's diecrettion. The Bidder, shall state in the spaces below whether h tends a alternate corrugated metal pipe or reinforced concrete pipe for Storm Sewers where is allowed. — I => 4 If the (Bidder intends to use any subcontractors in the course of the construction, he � shell list therm. --- . "i. TIME OF COMPL ETION The undersigned hereby agrees to complete the project within 30 working Provisions.in Th g subject to the stipulations of the regulations of the Contract and the Special . r It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable State taxes and that said taxes shall be paid by the Contractor. :<1 t:1` -.• L The undersigned. as Bidder, hereby declares that the only persons or firms interested ' in the bid as principal or principals is or are named herein and that no other persons or firms than her mentioned have any interest in this bid therthers n�tcompany, entered into;and this bid is made with connection with any i • making a bid; and that it is in all respects fair and in good faith, without or parties 9 ' collusion or fraud, he undersigned agrees that the accompanying bid deposit shall become the property T g °r of the Omer,should he fai! or refuse to execute the Contract or furnish Bond as called fc�r,in the specifications within the time provided. , ry I 'cc'of the acceptance of this bid is mailed, telegraphed, or delivered to the ! }� f� If wntten.noti undersi ned within sixty (60) days after the date of opening of erds10 rda s after 9 the undersigned will, within t ( ) y theieafter,before this bid is withdrawn, a date of s�ich mailing, telegraphing, or delivering of such notice, execute and deUver th. aontra�ct imihe form of Contract attached. gp�il 1,1998 , G.%WPD CS%PROJEC'rlcovington gadden documont.wpd +. :r �t 5 r • �y} S;�''. M. `.. ..M.i< ., s .,. ^.T' ,....,... +hi.« •.t$. ,, .. ... .s ..�-�^^-.+!nt� __�.A .:a7� f sill zj 7 sc �3 syy f r t IP �L s. s 5 5 7 F i s (. r tgg f { 1t .,N�`b�,:r;.o':,za Cxkt4§tj,.. 5 ' � :5. • t 1i,,i ,. r'' ` { hereby designates as his office to which such notice of acceptance ,-!°he Y 1 my.be mailed, telegraphed, or delivered: . ?Lr s-Ba,ati Y..F fp.•a�ri C`i t'=I Mi Ran o i � ' reed that this bid may be withdrawn at any time prior to the it is understood and agreed f scheduled time for the opening of bids or any authorized postponemenfi thereof. Attached hereto is a Bid Bond for the sum of 5. bid amount t p ail rs (cashier's check, make payable to the �i1Y of Jeff @rson• Signature of Bidder: k doing business if an individual, member of firm. if a partnership, Don &chnieder�,avatisil Cc Pang --- - it f if corporation,_ (� i Donald E. Rhea i by le vice President 'fit -----SEAL 13Q7 Fai rounds Road 11 Business Address of Bidder f 1 Jefferson City, Missouri 65109 _ r t the following information: If Bidder is a corporation, supply 'State in which incorporated Missouri r Name and Address of its: (►nary Jane M. Rhea —- President : 1307 Fairgrounds Road Jefferson City, Missouri 65109 i F Rax Secretary Penn t 6209 �' Jefferson City. Missouri z. F � 1307 Fairgrounds Road__, S t�1 t i s.- • �ft ' 1998 ; Date April 3, a an dcxumentwpd xt J dAWPDOCS1PFtOJECTkovinyton9 15. � rx �, , i VI i ANIL-CO pcjON 1A'TEMEM STATE OF_ Missouri ) COUNTY OF Dole ) Donald E. rhea being first � ,r f Vice President of duly sworn, depos and says that he is TITLE OF PERSON SIGNING Don Schniers NAM: Ur BIDCJER ' That al!statements made and facts set out in the bid for the above project are true and t correct; and that the bidder (the person, firm, association, or corporation making said i bid),has not, either directly or indirectly, entered into any agreement, partic�eabiddin a in � collusion, or otherwise taken any action in restraint of free competit 9 connection with such bid of any contract which result from its acceptance. 4 ffiant further certifies that bidder is not financially interested in, or financially affiliated f ' with, any other bidder for the above project. (BY} `} fs>, ,v= —,19 98 , worn to before me;this 3x0 _day of R�ril NOTARY PUBLIC y c my commission expires:_ r \l ✓ ` 1WPDOCS1PRVJEMcovtangton gartdan dxumentwo JANET K,WATE�RSTRADT N0'ry Public-Noteryr seal STATE OF MISSOURI rz xt Yt county of Cole My commission Expires: Feb.28,2001 9,0.4 ' t4 x t.. tl » �.........—...-.......-......_.�... .t' � r t�.a ate.,.-.`.y,,....e �' i 9 b in9 a Bit :iy 3 1 ,,-,` tragNrtaer�c�R'� AFFIDf�1iIT This.affidavit is hereby made a part of the Bid, and an executed copy thereof shall ` accompany each Bid submitted. Y STATE OF Missouri COUNTY OF . Cole ) E ' The undersigned, Donald E. Rhea r of larcvful age, being firs duly sworn states upon oath that he is Vice PresideA — of } 1. Don Schnieders Excavating Company, Inc. - } } the contractor submitting the attabhed bid, that he knows of his own knowledge and e stats it to be a fact that neither said bid nor the computation upon which it is based xA. allowance re resenting wages, moneys or r include any amount of manias, estimate or ailo p t, ! d to be paid to persons who are not required expenses, however designated, propose F ? to furnish material or actually perform services upon or as a part of the proposed l project. AFFIANT Subs+rribed and sworn to beforeime, a Notary Public, in and for the County and State Aril � 1g98 , k aforesaid,,this: 3ra day of p 1 .. �i , 5 i NOTARY PUBLIC x z t cr My':.Commission.Expires: c.xwpbocsTR6JE.c7kw1ngtw gadden docurnenLwpd JANET K.WATERSTRADT � Note Public-Notaryry,Seal STATE OF MISSOURI 7r j Col County of e My Commission Expires: Feb.26,2001 k T (t figr•� T uwFrr+,- f..,.v.[•t Sti�1X' it } 1.w t r tz' fr �3�r .- 1( s.. . . .. .. 4.•' J c a t { r h r {e i )]t 1 r---� MINORITY BUS S UTILIZATION COMM;ITMEN A. The bidder agrees to expend at least two (0) % of the contract, if awarded, for Minority Business Enterprise (MBE). For purposes of this commitment, the term "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and ` 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a person who is a citizen or lawful !. permanent resident of the United States, and who is: .. 1. Black (a person having origins in any.of the black racial groups of:Africa); ;. ? 2: Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless t: of race); l ; s} 1 Asian American (a person having origins in any of the original peoples of ,. z, t the Far East, Southeast Asia, the Indian sub-continent, or the Pacific t Islands); 4 i 4. American Indians and Alaskan Native (a person having origins in any of p,F the original peoples of North America); b„ Member of other groups, or other individuals, found to be economically' . and socially disadvantaged by the'Small Business Administration under r Sections 8(a)of the Small Business Act, as amended [15 U.S.C: 637(a)]. A female person who requests to be considered as.an MBE, and who :. V. z "owns" and"controls" a business as defined herein. x , Minority Business Enterprises may be employed as contractors; subcontractors, d: f or suppliers t ]'�`{}� L.,it ! .;' - J: .. •, .. . . - ... ., .. .3. C.IWPQbCStI'ROJECTkovinoton ga)tden documentwod April t,1998 s; S 1} 4 2 t i �z�,J`t �ry%n wsn.}.„~�f,w<.,. t,.+„J.tr} n .�k ?-+� .•r < .. ''!„ ._ ,; .., r , ! 3 3jj����� '""yT7'Z ." �''� � rr,4,'S'4.R.Lk2•t'C5 r.LF' ` '.,.1 l , } Ii for , L9 must indicate the Minority Business Enterprise(s) proposed , B.' The, bidder m utilization as part Of this contract as follows: , Nature of Dollar Value of } Name and Addresses. PaDip�d 'tuna . i k t Total: 0.00 t Total Bid Amount:,_ 123,377•5 ; Percentage of Minority Enterprise Participation: o % ' engage d to provide C. The bidder agrees to certify that the minority firm(s) a bona fide Minority materials or services in the compit`ocuted a binding contract to provide specifib Business Enterprise; and (�)has exec materials or services for a specific dollar amount. Business Enterprise firms will be furnished by the A roster of bona fide Minoru will provide written notice to the liaison Officer of City of,lefferson. The biddy P 4' n indicating the Minority Business Enterprise(five days after the City of Jefferson use in conjunction with this contract• This written notice is due Y notification to the lowest bidder. Minority Business E nterprise(s) has executed a binding ` Certification that the M Y r for materials or services should be provided to he MBE ; i contract with the bidde 'r,ator at the time the" bidder's contract is submitted to t Coordi commitment constitutes a breach of the bidder's Coordinator. Breach of this c � contract if awarded. D The undersigned he certified that he or she has read the terms of this ' authorized to bind the bidder to the commitment herein set r lcommitment and is forth. t°' Donald E. Rhea r NAME OF AUTHORIZED OFFICER DA�t' Apri•1 3_199rs SIGNATURE OF AUTHORIZED OFFICER April 1,1999 ♦ 't i v V C:WdPO00SiPROJl:G1 ko (nylon ysrtden doe meet wpd f J :1. Jj I y t .t. Y't'1.!il " tilpak j` t yyT ji+t,� it Ir , SAFECO INSURANCE COMPANY OF AMERICA GENERAL O URAN CE COMPANY OF AMERICA FlR6T NATiHAI INSURANCE COMPANY OF AMERICA HOME OFFICE:- SAFECO PLAZA r�,w��rw ±/�/•y� SEATTLE,WASHINGTON 88186 Y6� 6 'BtD BOND Confomn9 with The Arnwicarn klstitute of Aratlitsetc,A.I.A.Dowawt No.A-310 K23OYJ ALL BY '' '1tFSENTS,That We. Clan Schnieder}s Excavating Company,Inc. 1307 Fairgrounds_Road,Jefferson C ,Missouri_65108 as Principal,heninalOw caller!the Principal, i and the SAFECO INSURANCE COMPANY OF AMERICA � of P.O.Box 481 St.i.ouis,MO 631 68 ,a corporation duly organized tinder i ehc laws of jig,.5tatc of ,�shirlgtan ,as Surety,hereinafter called the Surety,am held and firmly bound unto City of Jetfemon,Wmuri r as Obiigeo,hereinafter called the Obligee. s in the sum of Fhra Percent l6D of Amount Bid .- Dollarts 5°r6. for the payment of which sum well and t,rWy to be made„titre sand Principal and the said sntl and scvcrally, firmly by these p t Surety, bind'oursetvc., our heirs, executors, adllsinisfrators, successors and assigas,jo' y resents. -. WHEAS,the Principal has submittod a bid for Covington Gardens Interceptor Sewer and Force Main, RE - Project Na.31040,Jefferson City,Gin- ouri N�p�r .TOF1r, if the Obligee shall accept the bid of tree Principal and the Principal shall enter into a Contract with the (Mlw in scomxUd a Faith the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contractt DMU=tS`with and sufficient sursty for the faithful perfolmanee of such Cantmet and for ffic Prot paynlwt of labor and Mgr F al faaaisbed is th6 pm caution thateor,or in the event of the failure of the Principal to enter such Contract and give such bond or bond,.if ft Principal shall pay to the f'.bligce the diffemnae not to exceod the penalty heroel bet�vecn the amount wed in said ,f tiid End s((clt larger ammunt for ovWcb the Obligee may in good faith contrail with another party to perform the Wont coaeral by said bid,then this obligation shall W vull and void,otherwise to remain in full fora and c(Iect. � Signed and sr,�lcd this 3rd day of AprU 5996 i Don Schnieders Excavating Para► Cam , ,Inc.. Witness J Principal vice (?resident Titt 1 !' Witness i { *ECIN A CE C PANY EfjICA tt, A ttorney 1 -Fact ". EF1197` . q R"W"t d tr&doM*k of C?1FECa CagNMtu►. { r , (,• It alt x s?_• �y =� ,^ '`tl ` {! ... �,4,6} lit�",?'d!4}����� SAFECO INSURANCE COMPANY OF AMERICA Q GENERAL INSURANCE COMPANY OF AMERICA r ` FIRST NATIONAL INSURANCE COMPANY OF AMERICA 1 HOME OFFICE: SAFECO PLAZA CIA�*���� SEATTLE.WASHINGTON 96135 9" 4. *% ACKNOWLEDGMENT BY SURETY } STATE OF Missouri + ss. County of Cole I i 3rd day o f April 19 9 8 , before me personauy ; On this , { !Cris L.Bennett , known to, me to be the Attorney-in-Fact of I gAp F'—E O INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FlRST NATIONAL the ca olt INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANYn that executed the a*1thtin%r+strument,and acknowledged to me that such corporation executed the same. lld.WITI Sa WFTEREOF,1 have hereunto set lny hand and axed my official seal,at my Office in the aforesaid County,the day and. yc��r in dais cenirlczte first above wrinn. �a> a i Notary Publi in the State of MissoL I (Brae) County of Osage JANET M.WARREN } NOTARY PUBLIC, STATE OF MISSOURI COUNTY OF OSAGE My Commission Expires 0& 18, 19x8 t h ' t, 1y s- r . , �F,r ,' Rapbtend tnd�inertc of SO.FECO - t>< 11.1 SaY� ����t..-.. �t S.1...1., —�,.•--* -*7.. "7`t ..:.;,'t, ,.... �y - .�. . ._�F I�src txt i n..4,�,��. x_glo ps'"�;✓)iti Yr t7�+W` ,771f}jy,'�, :J6 �r t, \ : DOVER SAFECO INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA OF ATTORNEY SEATTLE, WASHINGTON 98185 No. 5462 ALL BY THESE.PRESENTS: • ir4a"ttSAFECO INSURANCE COMPANY OF AMERICA J�`ANDWEHRrpCARL, EOeREYNOLDS appoint L. BENNETT; Jefferson 1{IiNNN11kNNNNNCHARLES E. TRABUE; JAMS . City, MISSOUr ikNNNNNNNNk Y.!lkkNNNkkNk NNNtiMkpNkRNMMNkkkkMNNIIkkNkMkNMNNkkit i(kNNkkNNNNNNkkkNNkkNNNNN +` i ' its true sold lawful attorney(s)-in-fact, with rf issued by comp ny in behalf of of It company anddtoubind SAFECO INSURANCE z i and other documents of a similar character Y ' COMPANY OF AMERICA thereby as fully as if such instruments had bean duly executed by its regularly elected officers at its home office. I IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these present i t ! this 16 day of June 19 97 a A PIE.RSON' CERTIFICATE the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: Extract from Y ( t 31cle V. Section 13. - FIDELITY AND SURETY BONDS . . . the President, any Vice President, the Secretary, and any Assistant Vics President appointed far that purpose by the of in charge of surety operations. shall each have authority to appoint individuals rs attorneys-in-fact or under other appropriate titles with authority to execute an behalf of the company fidelity and surety bonds and ' cthor documesnts of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking I su h,U company. t3:e seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, thrt the seal shall not be necessary to to validity o f any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. ! ".On any certifioate executed by the Secretary or an assistant secretary of the Company setting out, r (i) The provisions of Article V. Section 13 of the By-Laws, and 00. A copy of the power-of-attorney appointment, executed pursuant thereto, and tt tii�:,Certlfyinp that said power-of-attorney appointment is in full force and effect, C l the signature of the certifying officer may be by facsimil4, and the seat of the Company may be a facsimile thereof." E' . I. R. A,..Pierson; Secretary of SAFECO INSURANCE Directors of ,:cOorpo rtEon, and y dot ha rPowe certify of Atttorneyeissued foregoing pursuant thereto, are i By�Lavvs.and of a Resolution at the Board of D t true and sbrrect, and that both the By-Lawns, the Resolution and the Power of Attorn ey are still in full force and effect, G IN WITNESS WHEREOF, I have'horountc set my hand_and affixed the facsimile seal of said corporation f t 3rd day of April —. 19 SIR r.F, this +{J s � MCA CBNpq t SEAL V-= rt'111 $ECRETARY ,r� 1953 ((.� f i Of WASH QD Registered tradarnstk of SAFECO Corporation, e !t ', S•.130t1fEp•`1193 . .. .: '. ;, t^".;y��:! �•-r-•'i' ° ...-.�_...� ..,�,,.... F }�fi t s a• .-s3a ' y»�.,xryr Y,��`4�5'�'t +bx� �rt'..t� r x } IMpORTA NT SURM BOND INFORMATION �- MISSOURI Your SAj:c-CO agent is a profe"onai kwependent lnscrame Agent If you have specific t questions.about your Surety gkx.4 YOU AMY D*MCT THEM TO YOUR AGENT. t MISSQM SPECIFIC QLWnOM } 1f you have ba�eea unable to c:otemat or +obtain information from your agent you may contact � SAO at t is follov,V address mW taie)hcm ncertber: G ix yr SajocCO koxanw Company of America t C al insurance Cody of America. { t Red F�ta4lons! insurance Company of America { Surety Offices q 4 PA fox 461 N St Louie, N10 63166 I . Telephones (3 1 4) S65-0400 tt Iwo CS r '.f bfi�� 4 t .7�lY Y 7 r � •(t'� s+ usdomwk of wmo Catporotlon; t ''AU q z.,a.�P c 3 . q �r ..—,.«...—.-•..-.•..--•-- i� j 3#t,'t �,i,..�tt" +�?t C�7Et��'"' a $.�'� as.�m� k� lwh'-.--i k. y f S i 7y 1x