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HomeMy Public PortalAboutORD12600 J .i BILL NO. 97-4 SPONSORED BY COUNCILMAN HAAKE ORDINANCE NO. 1,;?44W AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE j MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J.C. INDUSTRIES, INC. FOR THE 1997 MAJOR MAINTENANCE PROJECT. WHEREAS, J. C. Industries, Inc. has become the apparent lowest and best bidder on the 1997 Major Maintenance Project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,AS FOLLOWS: Section 1. The bid of J. C. Industries, Inc., is declared to be the lowest and best bid and is hereby accepted. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 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Box 104567 Jefferson City, MO 65110 RE: Project No. 33046-1997 Major Maintenance (Boonville Road Bridge Demolition,Tomahawk Drive Inlets and Industrial/Metro Drive Intersection) Dear Mr.Adrian: This letter will serve as the "NOTICE TO PROCEED" for the above referenced project.The effective date of this notice shall be Monday, May 5, 1997. The contract time for this project is sixty(60)calendar days,therefore making the completion date Thursday,July 3, 1997, unless an extension of time has been granted. If there are any questions, please advise. Sincerely, A c* C7 ohn L. Kramer, PE Engineering Division Director JLK:als c: Marty Brose Jack Kramer Bob Kelsick City Clerk Mike Papen Butch Thompson „ Central File I i n l L {'( ,� ,rv+rr..:u.r.a.+ ,..ww9v,Ih ar r,,.n ,ta lal.•:Y'i*Fw.. r.-u..•a. ...s.+. ritl{'.ayy(�.V•'t.+. .....•.....�.- a....c ` ' S ' I ' A �, it ... `. .• _ .. - � .` S t�. CS F5 t . t r r ' j j SPECIFICATIONS AND CONTRACT DOCUMENTS J PROJECT NO. 33046 1997 Major Maintenance Project 4 �:. E-17511 M 4r rc r i Jefferson City Department of Public Works March, 1997 i `� L2 } Ty..• C t 1445` l 1 ' f 1 r 4 f r t .rY ct 4 , -t � t ..: a .nw.r..+...«.•.......•..M,w ..,+rarnw.«:ucu;ena«raerr....c.»••..... _ .e__...—....,....,,,,,,,,,,xn, � � }S i S �+ r 1 r 1 f i .',�St} � t .. , ..%r t`. � 1, } ]� ,;`jay k k',i �•� ['p i• i . r • , f r TABLE_Of—CDNMNTS Advertisement for Bids Notice to Bidders Information for Bidders Bid Form I Anti-Collusion Statement Contractor's Affidavit Minority Business Enterprise Statement Statement of Minority Business Utilization Commitment Affidavit of Compliance with Prevailing Wage Law I Prevailing Wage Determination Affidavit of Compliance Public Works Contracts Law Excessive Unemployment Exception Certification J Construction Contract Performance, Payment, and Guarantee Bond i' i �i 3 General Provisions d Special Provisions ' Attachments " A I4� f Addendums t S} 3 (l t f f 4 frt + r1 t 5 1.! 1 i � I� i f, •3 { , ; {Y vj. � t s t � ,. .. a.i^e..rs�.k............... ..«n...n.t.r....,,........•..,....-».......,..-....,,..... ,. Rrrx„�r.M.w.,,, ..._... t i,' �` .1 ' !� t ,, , Y, f '�,°�e.wsw;cxx,.;ar-i.a..L0.L'.:K'2.MU,r'U-..cai<��•.. f �� t i '.r , y, ' � z t 3 l a'• v k t 3 ., • .. . �} .... .V r�, eke. { r . Id - I fo of City of Jefferson �a Duane Mayor mann � Mayor i is -' ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City,Missouri 65101, unt!:1:30 p.m., on March 25, 1997. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. J The 1997 Major Maintenance Project consists of three(3)unrelated projects as follows: 1. Boonville Road Bridge Demolition includes demolition and removal of the bridge over Gray's Creek along with other necessary appurtenances. 2. Tomahawk Drive Drainage Improvement includes removals, construction of storm drainage facilities and other necessary appurtenances on Tomahawk Drive. 3. Metro Drive Drainage Improvement includes construction of pavement,curb and gutter, j storm drainage facilities and other necessary appurtenances for improvement of the J 4, intersection of Metro Drive at Industrial Drive. A prebid conference will be held in the lower level conference room of City Hall, 320 East McCarty Street,Jefferson City, MO on March 19, 1997 at 10:30 a.m. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the ..1 Director of Public Works,320 East McCarty Street,Jefferson City, Missouri. A non-refundable deposit of$15.00(fifteen dollars)will be required for each set of plans and specifications. Full size sheets of plans may be obtained for Three Dollars ($3.00)per sheet. . f The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON -� � �� -Jmes Hartley Q P-a Purchasing Agent JJ J t , I_� 1 NOTICE TO BIDDERS J Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street,Jefferson City, Missouri, until 1:30 p.m.,on March 25,1997. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m.on that same day. The 1997 Major Maintenance Project consists of three(3)unrelated projects as follows: 1. Boonville Road Bridge Demolition Includes demolition and removal of the bridge over Gray's Creek along with other necessary appurtenances. j 2. Tomahawk Drive Drainage Improvement includes removals, construction of storm drainage facilities and other necessary appurtenances on Tomahawk Drive. 3. Metro Drive Drainage Improvement includes construction of pavement, curb and gutter, storm drainage facilities and other necessary appurtenances for improvement of the intersection of Metro Drive at Industrial Drive.. A prebid conference will be held in the lower level conference room of City Hall, 320 East McCarty Street, Jefferson City, MO on March 19, 1997 at 10:30 a.m. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications,and contract documents on file with the Director of Public Works, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Public Works, 320 East McCarty Street, Jefferson City, Missouri. A non- refundable deposit of $15.00 (fifteen) will be required for each set of plans and specifications. Full size sheets of plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount Jequal to five(5)percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Martin A. Brose, PE E Director of Public Works l � 1 1 i 1i INFORMATION FOR BIDDERS I13-1 8-COP"OF_WORK The work to be done under this contract includes the furnishing of all technical personnel, labor,materials,and equipment required to perform the 1997 Major Maintenance Project, ! Project No. 33046 in accordance with the plans and specifications on file with the Department of Public Works. �J I13-2 INSEEO TION_OF_PLANS.,_SP_EC.IFICXTIONS,AND SITE_OF_WORK The bidder is required to examine carefully the site of the proposed work,the bid, plans, specifications, supplemental specifications, special provisions, and contract documents before submitting a bid. I13-3 INTERPRETATION OF_.C-ONTRAC_T-DOC.UMEN-T..S If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATIQPIS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right J to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. J I113-5 EQULVALENT-MATERIAL 1 Wherever definite reference is made in these Specifications to the use of any particular material or equipment,it is to be understood that any equivalent material or equipment may ± J be used which will perform adequately the duties imposed by the general design, subject to the approval of the City. 1 t ^;I IBS BII?SE.C�URIZIC Each bid must be accompanied by a certified check or bid bond made payable to the City -� of Jefferson for five percent(5%)of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required I days after he has received notice of acceptance of his bid, he shall forfeit - i — within seven(7) y r such failure or refusal,the security deposited with his to the City as liquidated damages fo bid. J I13-7 PREpARATION_OF BIDS Bid must be made upon prescribed forms attached in these Contract Documents. Only --� sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All sales taxes which might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of his Contract,it being understood by the bidder that the bid prices submitted shall include the cost of such taxes. All blank spaces in the bid must be filled in and no change shall be made in the „ phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. 113-13 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and ..J Specifications IB-9 APPROXIMATE-QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities,while made from the best information available,are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. =� IB-10 LUMI?S_tlNLITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place,and shall include the costs of all labor, materials,tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 S_UBMISSLON_OFBIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked"1997 Major Maintenance Project Project No. 33046." IB-12 ALTERNATE-BIDS In making the award, if alternate bids have been requested, the alternate bid which will be JIn the best interest of the City will be used. IB-13 WITHDRAWAL.OEB.IDS 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) r days after the scheduled closing time for the receipt of bids. i No bids received after the time set for opening for bids will be considered. IB-14 R1G1i1-T_O REJE_C-T BIDS I The City reserve the right to reject any or all bids, to waive any informality in the bids received,or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. IB-15 AWAR>ZOFFFF C-CWRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of -, Public Works and to execute the Contract and to furnish the required Performance and J Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided,the bidder or,bidders i , . shall be deemed to be in default and shall forfeit the deposit. } J v � 1 l ;} r , i •,, IB-16 PEREORMANCEJANU_P_AYMENLB.OND A Performance and Payment Bond in an amount equivalent to one hundred percent (100%)of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. The Issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. IB-17 INDEMNIEICAIIONAND 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 J from all expense in defending said claims,or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID_SF.C.U.RIIY-REIURNED_T_O_SU_CCESSEUL_BIDDER Upon the execution of the Contract and approval of Bond,the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. IB-19 NONDI..SCRIMINA2IONIN_EMPLOYMENI Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. J IB-20 PRE1(A1LING-WKGE_LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to J Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1959 and -j as last amended in 1993. (See Determination included herewith.) LL 1, ` •' • 4 F IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year _ from the date of final acceptance. in addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect, failure,or abnormality of the work,the Contractor neglects to make,or undertake with due diligence to make,the —, necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. . . J In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor,and the cost of the work shall j be paid by the Contractor or by his surety under the terms of the Bond. IB-22 N2TICESG3RGCEEQ A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten(10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK-,SL-HED-ULE r —� To Insure that the work will proceed continuously through the succeeding operations to its J completion with the least possible interference to traffic and inconvenience to the public, A the Contractor shall, at the request of the City,submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations J of work are to be performed. `� Ji 1 IB-24 C-QNTRACT TIME r. DL The contract time shall be sixty(60)calendar days. t r; IB-25 UQUIQATEI?J)9MAGES Liquidated damages shall be assessed at the rate of $500 per day until the work is complete, should the project not be completed within the contract time. { 1 { 1 F k t I, I P t .v. 3 t � � t l t ,+t •' 4 it 1 t 1 L � L •J ) 7 j t a I k I } }f t•. t { G �. iirt i .f x t t .ftsr4r� 4, tit.. tF �,�)4Y` ��4k,.te ttr .' � }.i S ��I'�J It 7y7•r. 1�YC rs of�. f �� :l �a.•f rt 4�t �A t< x t3 i 1 t j t 4df s' 1�ht t ti t�.:-tY ` Jy. r i 1 t < ° � �'�► J 3� i �Tq� �!4 r�tt�1 ti .. M�` .r'f r.t t t prJ t , •1,13 1 i . low .,.1 BID FoB.e6 Name of Bidder J. C. Industries, Inc. Address of Bidder P o Box 104567, Jefferson city. Mo 6,511n To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a)the extend and character of the work covered by this Bid;(b)the location,arrangement, and specified requirements for the proposed work; (c)the location,character, and condition of existing streets, roads, highways,railroads, pavements,surfacing,walks,driveways,curbs,gutters,trees,sewers, utilities,drainage courses,structures, and other installation,both surface and underground which may affect or be affected by the proposed work; (d)the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f) the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (1) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant;to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings,specifications, and other documents referred to therein (as altered,amended,or modified by addenda)in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items,the following unit prices and/or any lump sum payments provided,plus or minus any ! special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the J specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work I and that prices bid shall apply to such increased or decreased quantities as follows: I II a t. I ~• ALTERNATE BID AND SUBCONTRACTORS The Contract may provide for alternates for storm sewer pipe at the Contractor's discretion. j The Bidder shall state in the spaces below whether he intends to use corrugated metal l pipe or reinforced concrete pipe for Storm Sewers where an alternate is allowed. 16 01 la-1 Cd2'u i —� If the Bidder intends to use any subcontractors in the course of the construction, he shall ,f list them. TIME OF COMPLETION J The undersigned hereby agrees to complete the project within sixty(60)calendar days, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted,the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder,hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person,company,or parties making a bid; and that it is in all respects fair and in good faith,without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the 1 undersigned within sixty(60)days after the date of opening of bids,or any time thereafter before this bid is withdrawn,the undersigned will,within ten(10)days after the date of such mailing,telegraphing, or delivering of such notice, execute and deliver a Contract in the J� form of Contract attached. 11 W1, AN J I � J t . { tl PAGE 1 CITY OF JEFFERSON AMENDED ITEMIZED BID FORM 1997 MAJOR MAINTENANCE PROJECT PROJECT NO.33D46 _ 5 APPROX. UNIT ITEM DESCRIPTION UNIT QUANTITY AMOUNT PRICE NO. i i . A•BOONVILLE ROAD BRIDGE DEMOLITION 1.00 BRIDGE DEMOLITION AND REMOVAL(SEE SPECIAL PROVISIONS) LS LS --- ... 2.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL _ TOTAL BID,BOONVILLE ROAD BRIDGE DEMOLITION V B-TOMAHAWK DRIVE DRAINAGE IMPROVEMENTS LS ... ... 00-06 3,00 REMOVALS .w LS ... ... I 5oO•0o 4.00 EXCAVATION AND GRADING 5.00 STORM DRAINAGE i95o.no f 9SO.o� 5.10 6'X 4'TYPE C INLET,W/O DEFLECTORS EA 1 �a 00 a �/�S•00 5.20 8'X 3'TYPE A INLET,W/0 DEFLECTORS EA 1 a 5.30 30'DIA.CSP,IN PLACE LF 50 `i�•ES a, •/3d•SO EA 1 5 So.0 5.40 30'DIAM.CSP END SECTION 0 SO•o0 j 1 5.50 GROUTED RIP-RAP AT CULVERTS SY 42 4.5.00 90.00 JLF 84 &-C/O 6.00 TYPE A CURB AND GUTTER 7.00 6'PCC BASE SY 14 _ a4 7 P36•SO 8.00 1-1/2'AC SURFACE(GRADE D) SY 14 8a.00 /�lyP_oo 9.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL LS --• 5o0,00 10.00 SEEDING AND MULCHING AC 10 a,5'00,CO .2SO.OU --, TOTAL BID,TOMAHAWK DRIVE DRAINAGE IMPROVEMENTS �6.� C-METRO DRIVE DRAINAGE IMPROVEMENTS LS 11.00 REMOVALS ».� 12.00 EXCAVATION AND GRADING LS -• - O DO,O0 J EA 2 13.00 15'CSP PIPE INLET WITH GRATE 14.00 TYPE A CURB AND GUTTER LF 148 /S.9 4.3(0 a 15.00 6'PCC COMMERCIAL DRIVE APPROACH SY 88 3f SO 16.00 1.1/2'AC SURFACE(GRADE C) SY 185 7S SY 165 3V 7S G aP•7s 17,00 6.1/2'AC BASE SY 224 18.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL LS 00 3'ROLLED STONE BASE 19. - 'ISO.bd • So•De 20.00 SEEDING AND MULCHING AC .10 TOTAL BASE BID,METRO DRIVE DRAINAGE IMPROVEMENTS , i CITY OF JEFFERSON PAGE 2 ITEMIZED BID FORM AMENDED 1997 MAJOR MAINTENANCE PROJECT PROJECT N0.33046 APPROX. UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT NO. ALTERNATE A-PCC PAVEMENT-METRO DRIVE 16.01 REDUCE 1-1/2"AC SURFACE(GRADE C) SY (185) __2. SY (1e5) -R V.7S' (6r�la8Yys) 17.01 REDUCE 6-1/2"AC BASE Y SY 185 21.00 6'PCC PAVEMENT . TOTAL ALTERNATE A-METRO DRIVE TOTAL BASE BID,METRO DRIVE WITH ALTERNATE A I VIo s'S ^' GRAND TOTAL-ALL THREE SECTIONS t. i i. _ � r 1 � 1. f• 1 7 f t t.• � t l}i t� .� , r r u n t { 5 „. , � -^-^r •v+at- .w�•-•,- .__ ...«»a"a+:r�cahiA�'�tiWVesw»gvtYtiYfy. .1i\A+IWU.nY1U,ry��Yn KY.' _ t� f 1 ( nMe^-nn'.-„' � �1 .Wf.XV1..Y.0 I.iU✓L•li./!O .+n ,. .. .•..•may . it i t y � t i t • "; 1 S 11 '. ;,rte j The undersigned hereby designates as his office to which such notice of acceptance may j _ be mailed,telegraphed, or delivered: It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of Five Percent of Bid Amount , ($ 5$ Bid Bend Dollars(cashier's check),make payable to the City of Jefferson. Signature of Bidder: If an individual, doing business J as If a partnership, , member of firm. by If corporation, J. C. Indust INc by Tony Adrian Title Pr id erg SEAL t Business AddressofBidder P o sox 104567, 3208 Route C Jefferson City, MC 65110 If Bidder is a corporation,supply the following information: State in which incorporated Missouri j71 Name and Address of its: J President Tony Adrian 113 Woodward Lane j �Pffpr-snn ('i i-v M''1 65109 — .. ' Secretary � Wieberg 6117 Shamrock Heights — � Jefferson Nizz Mn 65101 �} r.� Date March 25, 1997 F' S MW SArECO INSURANCE COMPANY OF AMERICA GENERAL INSUnANCE COMPANY OF AMERICA FIRST NATIONAL INSUnANCE COMPANY OF AMERICA SAFEC]" MOMS LE,WA INGTO PLAZA SEATTLE,WASHINGTON 90186 BID BOND KNOW ALL BY THESE PRESENTS,That we, J.C.Industries,Inc. of Route C P.O.Box 104567 Jefferson City,MO 65110 (hereinafter called the Principal), i — Yj as Principal,and SAFECO INSURANCE COMPANY OF AMERICA I (hereinafter called the Surcgv),as Surety arc held and firml)bound unto City of Jefferson,Missouri j I 320 East McCarty,Jefferson City,MO 65101 (hcrcinnfier called the Obligee)in the penal sum of Five Percent(5%)of Amount Bid Dollars(S 5% ) for the payment of w1kh the Principal and the Surety bind themselves,their heirs,executors,administrators,successors and assigns, J jointly and severally,firmly by these presents. I , TILE CONDITION OF THIS OBLIGATION IS SUC11,That WHEREAS,the Principal has submitted or is about to submit a proposal �J to the Obligcc on a contract for 1997 Maior Maintenance Project Jefferson City,Missouri I .J I NOW,THEREFORE,If the said Contract be timely awarded to the Principal and the Principal shall,whltin such dine as may be t specified,enter into the Contract in writing,and give bond,if bond is required,with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void;otherwise to remain in full force and effect. Signcd;did senlcd this 251h day of March 1997 J. , MH, c. (Seal) Gary Wieberg, Secretary Witness , Principal 1 . Tony Adrian, President Title yl SAFEC04SURAIACE CPMPAN MERICA y Kris L.Bennett Attorney t-Fad J 5-0063ISAEF 1187 •Registered tredsmerk or SAFEC 1 � ; 4 I i GENERA INSURANCE COMPANY OF AMERICA .. GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA AFECO' HOME OFFICE: SAFECO PLAZA f SEATTLE,WASHINGTON 9910E 1 I ACKNOWLEDGMENT BY SURETY STATE OF Missouri I SS. + ` County of Cole JOn this 25th day of_March 1997 , before me personally nppeared 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 i INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY ,the corporation tlL�t executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal,at my office in the aforesaid County,the day and + vear in this ccnificate first above written. Notary Publi in the State of Missouri (Seal) County of sage JANET M.WARREN ":OTARY PUBLIC,STATE OF MISSOURI COUNTY OF OSAGE My Commission Expires 0 ct.18,1998 � J J j ' "�•"J S•0790/SAEF 6/96 �' •Repirrtaed V demrk of SAFECO + t• 1 ' +•nxrarar,�.i7Oi aTl"�;;•:cSv: ..r....,:R-..ne, .n.. ,. ,..,..� ,,.r...... ..........,..,- r. w..,.,r......, ,... ,.,«......._ ..- ... ...... .• �� t ) f.. �i l t 4 . I'"f r •'� POWER SAFECO INSURANCE COWANY OF AMERICA HOME OFFICE:SAFECO PLAZA •i,l A. © OF ATTORNEY SEATTLE.WASHINGTON Pat$$ ( ' No. 5462 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA,a WasNngton corporation, does hereby appoint one eeeeeeeeeee■■JAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS; KRIS L. BENNETT Jefferson City, MISSOUrleee•see■eeee�e�eeeeeeeeeeeer eeeer eeeeeeeeeeeeeeeeeeeeeeee reeeeeeeeeee■ i Its true and lawful attornoy(s)-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 ,I office. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents j INS 6th day of February 19L5—. CERTIFICATE i Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: Q icle V. Section 13. - FIDELITY AND SURETY BCNDS .. . 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 II attorneys-in-fact or under other appropriate Cities with authority to execute on behalf of the company fidelity and surely bonds and J 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. 1 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 SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 1 On any certificate executed by the Secretary or an assistant secretary of the Company soiling out, I J (i) The provisions of Article V. Section 13 of the By-Laws,and 00 A copy of the powsr-of-attorney appointment,executed pursuant thereto, and 010 Certifying that said power-of-attorney appointment is in full force and effect. I the Signature of the certifying officer may be by facsimle. and the seal of the Company may be a facsarile thereof' J 1, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing oxiracis of the By-Laws and of a Resolution of The Board of Directors of INS corporation, and of a Power of Attorney Issued pursuant thereto, are -t true and correct, and that both the By-Laws, the Resoution and the Power of Attorney are still in lull force and offset. JI IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation i INS 25th day of March 1e 97 Li� i. S-1300rEP 1/03 �,..•`' O Realatered iredemara of SAFECO Corporation, " ... . ............. r j, t „ .. r7— I r w V ' IMPORTANT SURETY BOND INFORMATION - MISSOURI - i � 1 I Your SAFECO agent is a professional Independent Insurance Agent If you have specific questions about your Surety Bond, YOU MAY DIRECT THEM TO YOUR AGENT. F MISSOURI SPECIFIC allESTIONS '1 If you have been unable to contact or obtain information from your agent you may contact aJ SAFECO at the following address and telephone number. V 1. SAFECO Insurance Company of America General Insurance Company of America First National Insurance Company of America Surety Office P.O. Box 461 St Louis, MO 63166 6. Telephone: (314) 965-0400 t. v 1: +. t 't a i S'JMS rf O/ii p twed trrdwrwrk of SAFECC C rwation• ®Nob + ,. ,, ...,.,•,.,,,,...w.w,w•«..,•..4...,..«.,,,......,...�......__.. .....-.....-...,,w.w uz.•'^.r,•J:,r ala:Mwac.,.tx.,,wvau<nay:.c°.::xxt,xxrixMd:'x:in1'>twt•....,..,.....,d.-........_..._ o , f t , st • r' , ' I « I ANTI-CQJ_L.U�l-ON STATEMEN1 J STATE OF Missouri COUNTY OF Col e ) - - 7 Tony h3rian being first duly sworn,deposes and says that he is President of TITLE OF PERSON SIGNING J. C. Industries, Inc. NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and I correct; and that the bidder(she 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 an sally affiliated with, any other bidder for the above project. (BY) Tony Adrian, President (BY) t Sworn to before me this 25th day of March 19 97 d .'. x 1 NOTARY PUBLIC z. } I { 5 My commission expires: "�2- do 1 ( Y 4 t t I t r t i t Y1 I FONT ACTOR'�AEEIQAVI2 This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. - STATE OF Missouri I ) COUNTY OF Cole ) i The undersigned, Tony Adrian of lawful age, being first duly sworn states upon oath that he is !' President of i I :I j J C Indust'ri ac TNr• - the contractor submitting the attached bid,that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, mone r expenses, however designated, proposed to be paid to persons who are not qu' ed to furnish material or actually perform services upon or as a part of the propo d roject. .�1 AFFIANT Tony Adrian, President Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid,this 25th day of march ' 19 NOTARY PUBLIC tMy Commission Expires: 4. ... .....� ° ...v+....ov.s r.....: ........ ..,r .:vt4 i.i J,(. :•AfYAht;xv+ w................ i Ir �. • . . �; f . i 1 r� MIN LORLZ1L�tJS.INE�S_ENTERRRI.SF-STATEMENI 1 Contractors bidding on City contracts shall take the following affirmative steps to assure that small,women owned,and minority business are utilized when possible as sources of -1 suppliers, services,and construction items. 1. Contractor's will submit the names and other information if any, about their MBE I i 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. J4, Qualified small,women owned, and minority business wilLbe_solicited whenever I they are potential sources. 5. When economically feasible,Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small,women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. J 1 I �..�.....�.,..+.... .tT'A:ir1 . i. :,4�j C.. .... fl.+t✓T.l....u.. :.1. .4.. . ♦ 4.t•ae ....w.�.ay.. <. a.........y. .r i.v...n ....-... _. .. .,.. .... _ ..r , t l u I i _J MINORLTY B_USINESS_U17LIZATION_C_OMMITMENT -� A. The bidder agrees to expend at least two (2) % of the contract, if awarded, for _ Minority Business Enterprise (MBE). For purposes of this commitment, the term "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women,or, i 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, i -� South or Central America, or the Caribbean Island, regardless of race); 3. Asian American(a person having origins in any of the original peoples of the Far East, Southeast Asia,the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native(a person having origins in any of the original peoples of North America); i 5. Member of other groups,or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a)of the Small Business Act, as amended [15 U.S.C. 637(a)]. rJ 6. A female person who requests to be considered as an MBE,and who"owns" and"controls"a business as defined herein. Minority Business Enterprises may be employed as contractors, subcontractors,or suppliers. 1 I I _ B. The bidder must indicate the Minority Business Enterprise(s)proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority Firms eadicip-ation Par dpaU n i ��ILrLCJ e r Total Bid Amount: `�9 7C/•7o Total; t � { Percentage of Minority Enterprise Participation: C_% { C. The bidder agrees to certify that the minority firm(s)engaged to provide materials _ or services in the completion of this project: (a)is a bona fide Minority Business i Enterprise;and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. i A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. Breach of this commitment constitutes a breach of the bidder's contract, if awarded. D. The undersigned hereby certified that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. .. J Tony Adrian J NA AUTO ZED OFFICER DATE March 25, 1997 -� SIGNATURE OF AUTHORIZED OFFICER Tony Adrian, President Babb— r J , r AEEIDAVII •,w� C0MpL1WC-E_W1TJ1-PREVAIL1NG j WAG I y Before me,the undersigned Notary Public, in and for the County of i w State of , personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation)( a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there �) has been no exception to the full and complete compliance with said provisions and J requirements and with Annual Wage Order No.3 issued by the Division of Labor Standards of Missouri on April 8, 1996, last modified September, 1996, in carrying out the contract and work in connection with the 1997 Major Maintenance Project, Project No. 33046 located at Jefferson City in Cole County, Missouri, and completed on the day of SIGNATURE �j Subscribed and sworn to me this day of ' 19—. NOTARY PUBLIC My commission expires: ( STATE OF MISSOURI ) )ss t t COUNTY OF ) s ; J I J f ' •' ..n—..om+•.w«Jv,`.r... ....... .N: i.su.....�...................... r, r,.t. ,ca '4i r r... Missouri �. � �i �0- .. Lib®r Stanuar 'f= WAGE AND HOUR SECTION '• 3��� o/�/° O • � � \•mil m � ,� Ul.IvHI�•/ . MEL CARNAHAN,Governor lWage Order No . 3 Annua V IV Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, 7 any person who may be affected by this Annual Wage Order may object by filing an objection i in triplicate %kith the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson —' City, Mo. 65102. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O.Box 449,Jefferson City,Mo. 65102, and to the party which requested this Annual Wage Order pursuant to 8 CSR 20.5.010(1). A certified copy of the Annual Wage Order has been I filed with the Secretary of State of Missouri. M�2olleen A.Baker,Director Division of Labor Standards MAR 71n96 3:. Filed With Secretary of State: / Last Date Objections May Be File`.° t?FrBTLAf APR R 1996 Prepared by Missouri Department of Labor and Industrial Relations s ' i uilding Construction Rates for COLE County REPLACEMENT PAGE Section 026 (� octrve -13asic er- �j CRAFTS Date of Hourly Time Holiday Frin a Benefit Payment ( Increase Rates Rates Rates H&W Pan. Vac. r.Tr Other os Workers 12196 $25.46 55 28 3.22 4.97 akers 9196 $21.35 57 7 3.25 3.00 0.16 b ,ia ers-Stone Mason 9/96 $15.60 59 7 2.30 1.05 0.15 Carpenters $15.68 60 �_71_ =-175 0.17 Cement Masons $17.56 9 lect nc ans Inside Wiroman $19.21 28_ _10% 0.15 NEB 3u/ Communication Workers USE ELECTRICIANS(INSIDE WIREMAN)RATE a.ator Constructors 7196 $23.92 26 54 3.645 2.19 a O.OB5 En ineers-Portable&Hoisting: _ Grou I 5196 $19.12 86 3 3.65 3.65 0.45 ANN.55 Grou II 5196 $19.12 86 3 3.65 3.65 0.45 ANN.55 Grou III 5/96 $17.87 86 3 3.65 3.65 0.45 ANN.55 Grou III-A 5196 S19.121 86 3 3.65 3.65 0.45 ANN.55 Grou IV 5196 $16.89 86 3 3.65 3.65 0.45 ANN.55 Group V 5/96 $19.82 86 3 3.65 3.65 0.45 ANN.55 P1 ee Filters cl S24.251_2 1 3 'TOTAL FRINGES$10.28 Glaziers $11.35 FED 0,45 U.28 0.45 HOL.18 �ILaborers Buildin 1 General I $13.051 110_ 7 2.30 1.50 0.40 First Semi-Skilled $13.401 110 1 7 2.30 1.501 0.40 Second Semi-Skilled I $13.401 110 1 7 2.30 1.50 0.40 I I I I II I ! _ II I ! FLalhersVe_-01,Wood I I !USE CARPENTERS RATE I eum Layers.&Cutters I IUSE CARPENTERS RATE I Marble Masons 9/96 I $15.60 59 1 7 2.30 1.85 0.151 illwri hts $16.43 60 1 7 2.05 1.50 0.17 Workers 8/96 $16.871 11 1 8 2.87 5.30 0.25 tern $15.50 18 7 1.00 � I I I ~�P tor lasers $16.73 94 5 1.63 Plumbers I $20.001 FED i Pile Drivers I $16.081 60 7 2.05 1.50 0.17 .I Rooters 9/96 $17.601 12 1 4 2.65 2.10 0.14 Sheet Metal Workers 7/96 I S18.391 46 I 23 3.16 2.181 0.29 ISASMI.71 - 1 Sprinkler Fitters I S10.501 FED I Terrazzo Workers 9/96 $15.601 59 1 7 2.30 1.85 0.15 Tile Setters 9/96 $15.60 59 1 7 2.30 1.85 0.15 Truck Drivers-Teamsters Group I _ $14.25 101 5 1.75 1.75 Group II $14.95 101 5 1.75 1.75 Group III $14.65 101 5 1.75 1.75 1 Group IV $14.95 101 5 1.75 1.75 Traffic Control Service Driver $11.90 48 1 49 0.83 0.48 0.23 HOL.41 Well Drillers USE BLDG CONST.ENGINEER GROUP II RATE Welders-Acet lone&Electric _. I �l I' ! _)INUAL INCREMENTAL INCREASE 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.3 12/96 t' wilding Construction Rates for COLE County Footnotes Section 026 i ect ve asic ver- CRAFfS Date of Hourly Time Holiday Fringe Benefit Payments j -� Increase Rates Rates Rates H&W Pen. Vac. Appr.Trg Other .. I Welders receive rate prescribed for craft performing operation to which welding is incidental. I Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction `mates for remainder of project. For crafts not listed in Heavy Construction Sheets, use Rates shown on Building Construction Rate Sheet. j 3-Vacation: Employees over 5 years-8%; Employees under 5 years-6% b-Annuity Trust-$2.00, MOST Program-$0.205 —� All work over$3.5 million total Mechanical Contract-$24.25, Fringes$10.28 II work under$3.5 million total Mechanical Contract-$23.16, Fringes$9.78 r; J I i. J ' I i J 4 � r 3/96 ANNUAL WAGE ORDER NO.3 �w; �. _......,...,,..r.�,..,.,.. .-.a�._._-.. . . _...� ,. . ._.�.,...� .,...�. ...._ ,. ,.... ._:;......,,,.e____,....... . . _....._..:... . . Wit, ; 4 r 5 � ti �• COLE COUNTY OVERTIME RATES "�•, PSD1 Minimum requirement per Fair Labor Standards Act means time and one-half (135) shall be paid for all work in excess of forty (40) hours per work week. } 0. 91 Eight (8) hours shall constitute a regular work day that may being as early as 6:00 ! m: and end no later than 5:30 p.m. All work performed in excess of'the regular work day I and on Saturday shall be compensated at one and one-half (11 ) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week for the cement masons is Monday through Friday, except for midweek holidays. ' NO. 111 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 (135) 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. N0. 121 Means the work week shall commence on Monday and shall continue through the following Friday, inclusive of each week. All work performed in excess of forty (40) hours in one week, shall be paid for at the rate of one and one-half (135) times the regular hourly - wage scale. All work performed within the regular working hours shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (135) times the regular hourly rate. Work on holidays and Sundays shall be paid at two (2) times the regular hourly rate. f N0. 181 Means a work week shall consist of forty (40) hours beginning Monday and ending on 1 Friday. Any hours worked over forty (40) in this payroll period shall be paid at the rate of time & one-half (2%) . Saturday work will be paid at time & one-half (135) . Sunday and - recognized holidays shall be paid at double (2) time even if the holiday falls on Saturday. i J Saturday can be a make-up day, if needed, at straight time pay (provided it is not a holiday). N0. 26s Means a regular working day shall consist of eight (8) hours, between 7:00 a.m. and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Work performed on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double (2) the rate of single time. Holidays shall be paid at the double (2) time rate of pay. NO. 281 Means eight (8) hours between 8:00 a.m, and 5:00 p.m• shall constitute a day's work five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek or four (4) ten (10) hour days (4-101s) provided: -The project must be for a minimum of four (4) consecutive days. - -Starting time may start as early as 7:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented) . 1 11 -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 (135) times the employee's regular rate of pay. All work performed from 12:00 a.m. Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. NO. 401 Means eight (8) hours per day Monday through Friday shall constitute a forty (40) J'7 hour work week. The regular eight-hour working day can begin as early as 7:00 a.m, and end as late as 5:30 p.m. 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 one and one-half (135) times the regular hourly rate. All hours worked on Sundays and t holidays and all hours worked in excess of twelve (12) hours during the regular working day shall be paid at double (2) time the regular hourly rate. J AW7ose.oa ANNUAL WAGE ORDER NO. 3 PACE 1 OF 7 PAGES I Bar- 1 y N0. 40a Means the regularly scheduled work week (8) hoursyshall constituteeadday's�(work. Friday or Tuesday through Saturday. Eight through Y starting time for the first shift shall not be earlier than 7:00 a.m. nor later than a an one-he lfr(i35)4wi11ourspshall const work n excess of forty overtime hours is any one work week. oil the Monday rtime hasdbeen lostlduzing the work-performed eekprin whichacaseaSaturdayewillebena ma half (i35) unless up. day to the extent of the lost time. On the Tuesday through Saturday schedule, all Work .perform ed on Monday wilwill be time eke up one-half day(1t) thee extent of the nlostt t me during p°ywwor in which case Monday ..performed on Sunday will be double (2) time. If employees work on any o£ the recognized -` n ad be paidirtime and one-half pay.) their regular rate of Pay for all hours holidays they d worked, i NO. 5s� Means the regular work day shall be eight excess hours between 6: o a.m. and 4:30 p.m. The first two (land the first ten r(10) hours of work. one Saturda , shall berpaidyatMonea& Y. through Friday, one-in excess times the (10)t hoursta time days Monday through pSatu day,oshalldberpaideatedoubled(2) and in - the straight time rate. - N0. 57: Means eight (8) hours per day shall ccnstitute a day's k. and forty (st hours per time week, Monday to Friday inclusive, shall co warrant, a week's eekcontractorT may regular anges the starting shall be 8:00 a.m. four (4) ten-hour worked mondaysthr ugh Friday and thehfirst eight o(8l hourshof ten (10) shall be paid through Friday and eight (8}h hours on Saturdayeandrall timexworked£oneSunday at the double (2) time rate of pay. and holidays shall be paid for N0. 59: Means that except as herein provided, eight (nand forty (4 0) hours per week shall early as 6:00 a.m.) shall constit•te a standard work day, ! constitute a week's work. All tame wcrked outside of the standard eight and hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (rat of All time shall When hour the days (4)£ten-hour work wueek issinoeffect, the standard work day shall bewconsecutive ten (10) hour(46) hour J periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job is down _ for any reason beyond the Employer's ccntrol, then Friday and/or Saturday may, (i 0) hours or the option of the Employer, day; traight time not to exceed ten ( be worked as a make-up y; forty (40) hours per week. When the five day (8) hour work week is in effect, forty (401 , hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's con trtimetnot to exceedaeight (8) straight _ option of the Employer, be worked as a make-up day; i hours or forty (40) hours per week. i N0. 601 as a rm�lThewEmployer shallhhave)theuoption ofaworkingafivea8-h 8-hour days or four as P Employer elects to work five 8-hour days during if an Emplo 10-hour days Monday through Friday. per day or 40 per week shall be paid at time any workweek, hours worked more than eight (B) p Y from & one-half (135) the hourly rate Monday through Friday• art thereof Employer y reason ofeinclement working forty (40) hours, Monday through artdthereofamay, be worked as a make-up day at the weather (rain or mud), Saturday or any p _ straight time rate. If an Employer elects to work four 10-hour days, between the hours 6:30 a.m. and 6:30 P.M. in any week, work performed more than ten (10) hours per day or forty (40) _I hors per week shall be paid at time & one-half (135) the hourly rate Monday through Friday. ten (0 hours Friday at straightdtimeand loses a day due to inclement weather, he may NO. 861 Means the regular work week shall consist of five (5) days, Monday through Friday, Saturdayg'shall be paid atdtimeiandaone-half p.m. All overtime work(I%) the hourly rate plus an amount equal Sundays half of the hourly pension, welfare, and JATF contributions. All work performed on Sundays end holidays shall be paid at double (2) the hourly rate plus an amount equal to the pension, welfare, and JATF contributions. i JI AMAIL WAGE ORDER NO. 3 PACE 2 OF S PAGES ) AWl026.OT 0,1111 1 ti y• N0. 911 Means eight (8) hours shall constitute a day's work in a -- early as 7:00 a.m. and ending as late ime frame beginning as beginning as 5:30 P.M.m The work week shall be forty (40) hours s Monday as early as 7:00 a.m. and ending Friday at 5:30 p.m. Employees shall '�receive double (2) time for over eight (8) hours in a work day or for over fort hours n a work week from Monday through Friday, Saturdays, Sundays and recognized hols V•� 'a paid at the double (2) time rate of pay, iday shall ,. 110. 94s Eight. (8) hours shall constitute a regular work day that may being as early as 6:00 a.m. and end no later than 5:30 P.M. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half (1�,3) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Means eight (8) hours a day shall constitute a standard work day, hours per week shall constitute a week's work, which shall begin on Monday nd end onrFriday. All time worked outside of the standard :vork day and on Saturday shall be classified as overtime and paid the rate of time and one-half 1 worked on Sunday and recognized holidays shall be paid (exce as herein at t he rate of double e (2 All time Starting time may be as early as 6:00 a.m, and end as late as 5:30 P.M. The Employer has the option of working either five (5) eight-hour days or four (4) ten-hour days to constitute a I _ normal forty (40) hour work week. When a four (4) ten-hour day work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a week's 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) hours or fort over ten (10) hours in one day cr :crt Y (90) hours per week. All work "J overtime rate of time and one-half (1,5j.(4 When ousing naa five 0(5)wday eight s(8)l hour pwo kaweek, and the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up a hours or forty (40) hours per week, p Y; straight time not to exceed eight (8) i! NO. 108: Means eight (8) hours shall constitute a day's a.m. and end at 4:30 m. Y's work. The day shall begin at 8:00 I p• Forty (40) hours shall constitute the work week, which shall begin Monday at 8: i a.m. and end Friday 4:30 p.m. All time worked before and after established work day of eight (8) hours, Monday through Friday, shall be Saturday will be paid at time and one-half (I%). All time paid orkedt n1 Sundays nandaholidays f shall be paid for at the rate of double (2) time. I I NO. 110s Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. The work week shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m, at Friday. All work performed times on ho reurday, except as herein provided, shall be compensated ' r work performed on Sunday and on the hourly rate of pay for the week Performed. All recognized p ed holidays shall be compensated at double (2) the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight ten time rate. The Employer shall have the option of working five eight (8) hour days or four I ( hour days Monday hour daysduringany work week, Friday. hoursworkedfmore thany eight e(8) per wday orvforty (40) thour per week shall be paid at time and one-half (133) 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 the loses a day due ooin lementuweather, they may orkltenr(10)working Friday(at) strai ht tiand straight must time rate, but all hours worked over(the forty d no more than ten (10)hhours at thl be paid at time and one-half (133) overtime rate. — i J J AW3016.OT ANNUAL WAGE ORDER NO. 3 PAGE 3 OF 3 PAGES f s ' t F 1 1 i HOLIDAY RATE SCHEDULE- BUILDV�G CO'iSTRi?CTION 1 . •? N0. 11 All work done on New Year's Day, Decoration Day, Fourth time.July, Labor Day,the rate of double Christmas S nday, shall be shall be observed when one of the :.�. g0; 71 All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double time rate of pay. N0. 3s All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, ouble anynsuchvholidaysa fall honsam Sunday,sthe 1following aMonday dshall bemobserved fasaa holiday. N0. 4e All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the be th id any above holidays Sunday, ed as e recognize holiday. the aboveh idays fall on Saturday, Friday will obsery N0. st All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, -- Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. N0. 6s All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christ-,as Day, and any additional holidays which may be mutually agreed upon,sthelfollowinga"t the ondaydshall bemzecognizedpand observedrasntheuholiday. falls N0. 7t A11 work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's j Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If i 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. N0. at All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas, or days cbserved as such, shall be paid at the double time rate of pay. N0. 9s All work done on New Year's Day, Memorial Day, Fourth of July, Labor'Day,e of the above iving I Day and Christmas Day shall be paid for at the double time rate of pay. y one J listed holidays falling on Sunday shall be observed on the following Monday and paid at the double time rate of pay as all observed holidays. N0. lot All work done on New Year's Day, Memorial Day, Independence Day, Veteran's Day, � Thanksgiving Day, the day after Thanksgiving and Christmas Day shall be paid at the double (3) time rate of pay. Any holiday which occurs on a Sunday shall be observed the following 7 Monday. No work shall be performed on LABOR DAY except to save life and property. N0. lit All work done on New Year's Day, Memorial Day, Christmas Day, Fourth of July, and Thanksgiving Day shall be paid for at the rate of double time. positively no work shall be performed on Labor Day. Martin Luther King's Birthday, Veteran's Day and the day after Thanksgiving Day shall be considered optional holidays, and if the employer and employees J agree that work will be performed on that day, no premium will be required. NO. 11: A11 work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Should any J o! these days fall on Sunday, then the following day shall be observed as the holiday. Under j no circumstances shall employees be permitted to work on Labor Day. N0. 13: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the rate of time and one-half- (l 1/2). N0. 141 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 one-half (1 1/2) . No work shall be done ing Monday is observed on Labor Day. when a recognized holiday falls on Sunday, the follow as the holiday. ANNUAL WAGE ORDER NO. 3 PAGE I OF!PAGES oil 11111 r ' 7 NO. 151 A-11 on New DAY, Decoration be d Independence and ChritmasDay shallbepaid for a the rateofdoul tme. Nowor shall beperfrme on Labor Day. - t 1 N0: 16: There shall be seven (7) recognized holidays: New Year's Day, Memorial Day, I Independence Day, Labor Dey, Armistice Day, Thanksgiving Day and Christmas Day. No work on 3 any pretense shall be performed on Christmas Day, Labor Day, or Independence Da y. Any 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 (2s in time rate of pay: New Year's Day, Memorial Day, Fourth of July, Labor Day, y, be celebrated on Dither its national holiday or on the day after Thanksgiving, Thanksgiving Day and Christmas. 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 nd 11 work perf xmedlonosaidtday(s) the preceding Friday shall be considered the holiday, shall be paid at the double time rate. J N0. 19: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day provided he or she has notified their supervisor on the Wednesday preceding Thanksgiving Day. _I No. 20: All work done on New Year's Day, Memorial Day, Independence Day, When a paid Thanksgiving Day and Christmas :ay shall be paid at the double time rate of pay. holiday falls on Saturday, it shall be observed on Saturday. When a paid holiday falls on Sunday, it shall be observed on Monday. N0. 21: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, shall be paid at the —+ double time rate of pay. If Saturday falls on a designated holiday, all hours worked shall —"N) be paid at the double time rate of pay. N0. 22: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, shall be paid at the double time rate of pay. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday shall .'se observed. ' No. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day and e�uaddolidaa1fa11sronoSunday,hthedfollowinghMonday paid at the double time rate of pay. Y ti shall be considered a holiday. N0. 24: All work done on Christmas Day, Thanksgiving Day, New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Presidential Election Day or days locally observed as such, and Sunday shall be recognized as holidays and paid at the double time rate 7 of pay. N0. 25: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Presidential Election Day -� erved as such, and Saturday end Sunday shall be rec or days locally obs ognized as holidays, i and shall be paid at the double time rate of pay. N0. 26: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. When a Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday it shall be observed on the following Monday. N0. le All work done on New Years Da holidays Memorial Day,Independence Day,L shall be abor Day, Veteran's double time rote of pay: Y. i . Day, Thanksgiving Day and Christmas Day. I ,l JJ 1 env) ANNUAL WAGE ORDER N0. 3 PAGE]OF S PAGES i i ~ N0. 283 All work done on New Year's Day Armistice Day (Veteran's Day), Decoration Day rm (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day and Christmas Day shall ;---%)b6 paid at the double time rate of pay. No work shell be performed on Labor Day except when triple (3) time is paid. when a holiday falls on Sunday, the following Monday shall be ..'observed as the holiday. 1 N0. 293 All work done on New Year's Day, Armistice Day (Veteran's Day) Decoration Day • ' (Memorial Day) , Independence Day (Fourth of July), Thanksgiving Day, Christmas Day or day observed as such for these holidays shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple (3) time is paid. When a holiday falls "on Sunday, the following Monday shall be observed as the holiday. NO. 303 All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except in special cases of emergency and only when triple (3) time is paid. When a holiday falls on Saturday, the preceding day of Friday will be observed as a holiday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. N0. 313 All work done on New Year's 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 Friday will be observed as the recognized holiday. NO. 323 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. _ 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. NO. 343 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 Monday will be observed as a non- « working holiday. when a holiday falls on Thursday, such as Thanksgiving, the following Friday will be observed as a ncn-working holiday. NO. 353 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas may shall be paid at the time and one-half (1 1/2) times rate of pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. NO. 363 All work done on Labor Day shall be paid at the double time rate of pay. JNO. 373 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and such other days as may be declared legal holidays _ by the Federal Government shall be paid the double time rate of pay. NO. 383 All work performed on New Year's Day, Decoration Day (Memorial Day), Fourth of July, J Labor 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 Monday will be paid at the rate of double (2) time. NO. 393 No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Any of these holidays falling on Sunday, the following Monday shall be a holiday, and any of these holidays falling on Saturday, the preceding Friday shall be a holiday. •� N0. 403 All work done on a legal holiday shell be paid at the double time rate of pay. J T, p �„� ANNUAL WAGE ORDER NO. 3 PACE 3 OF 3 PAGES J r oil 4. NO. 41s All work done on New Year's Day, Memorial No work k shallabesdonenon Ch istm Day shall be paid at the double time rate of pay. i .. When any of the above holidays fall on Sunday, the following Monday Y of July or Labor Day. Such days shall be shall be observed as such holiday. If a holiday falls on Saturday, it shall not be considered to be observed on the previous Friday or following Monday. Y regular workdays. NO. 421 The following days shall be observed as legal holidays°and New Christm s Days. Memorial No work Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day under any pretense shall be 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 No. 43: All work done on New Year's Day, Memorial Day, Independenc and aChristmas D�yJshall nbe Day (Nov. 11th) or mutually agreed up If aaholidaykfallsnon Sunday, it shall be observed on aid at the double time rate of pay. -- the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No. 44t All work done on New Year's Day, Washington's Birthday, Decoration Day, Fourth of n July, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day shall be paid at the double 12) time rate of pay. Fcs'ti�ely no we k shall be allowed on Labor Day. If any of these holidays fall on Sunday, the following day will be observed as the holaday. If any of these holidays fall on Saturday, the preceding Friday will be observed. No. 4S, A11 work done on New Year's Day, Decoration Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas a Dy falls r days o be Sunday,celebrated a as observed ch shall tbe paid at the double time rate of y. following Monday. If a holiday falls on Saturday, the employer shall designate whether such holiday shall be observed on Friday cr Monday. NO. 46: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Dayc and Christmas Day shall be paid at the two and one half (2 1/2) times rate of pay. NO WOE-r.�L BE DONE ON LABOR DAY. Holidays failing on Saturday shall be observed the preceding Friday. Holidays falling on a Sunday shall be observed the following Monday. Fourth of July, No. 47: The following holidays are recognized: New Year's Day, ing,Ch=Christmas Eve, Christmas J Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Day, New Year's Eve. The above mentioned holidays can be changed by mutual agreement. When a holiday listed above falls on Saturday, it shall be celebrated on the Friday preceding the holiday. When a holiday falls on Sunday, the following Monday shall be observed. Holidays referred to above shall be paid for at straight time when not worked and at double time plus holiday pay when worked. N0. 40: All work done on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve and Christmas Day shall be paid J all on Sunday, the at the double time rate of pay. Should any of the above holidays f following Monday shall be cbser•:ed as the holiday. Should any of the above holidays fall on Saturday, the preceding Friday shall be observed as the holiday. N0. 49: The following days shell be observed as legal holidays and employees will receive eight (0) hours' pay at regular straight time hourly rate for each of these holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be J limited to the time between December 1 and March will be Observed as following holiday and if any these of holidays fall on Sunday, the following Monday these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time one-half (135) their regular rate of pay for all hours worked. ANNUAL WAGE ORDER NO. 3 PACE 4 OF S PAGES Imiry • �• Fourth of July, Labor be aid at the double M time rato of pay. z �, NO. Sat All work done and Christ's Day, Good lFrida' Decoration Day,on New i Day, Thanksgiving the following Monday shall be recognized as the legal f any Holiday falls on Sunday, �oliday. Labor Da veteran'a • Memorial Day, Independence Day, Y� pp, 511 All work done on New Year's Day, or days observed as such, shall be paid at the the Day, Thanksgiving Day and Christmas Day, the holiday will double time rata of pay. In the event °If the on Saturday, - holiday shall be celebrated on that day. be celebrated on Monday following. Christmas Day, Memorial N0. 51st There are four (4) Par these four and h y ey are- regular employees shall be paid for I Day, and Independence Day. eight (e) hours Of Pay hallereceiveethe double t(2)1 time rate of pay for any worY.gperformed cOmP _i is performed. Employees on these recognized holidays. Thanksgiving Day, Memorial Day, Independence Day, NO. 531 All work done on New Year's Day, except when triple ld time is Christmas Day or days observed as such for these holidays shall be paid triple the double (1 time rate of pay. No work shall be performed on Labor Day paid. When a holiday falls on Sunday, the follo ingMondshalhall be observed thehh liday�y. When a holiday falls on Saturday, the preceding shall be paid at the double (1) NO. 54� All work done on New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day time rate of pay. When a holiday falls on Saturday, it shall be observed on Saturday. a holiday falls . Sunday, it shall be observed on Monday. No. 55s All work done on New Year's Day, Independence Day, Labor Day, Memorial Day, it Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and Two Floating Holidays r be designated by the Company) shall be compensated at time and one-half (1',S) the regular rate of pay. Should any of the above days fall on Sunday, 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. ^^mil Decoration Day, Independence Day, Labor Day, JNO. 56: All work done on New Year's Day, Thanksgiving Day The Day after November 11 (which shall be recognized as Veterans' Day), ' Thanksgiving day, and Christmas day shall be compensated at the double (2) time rate of Pay. No work shall be performed on Labor Day except in cases of emergency, but when work When an observed holiday falls on Sunday, the following Monday shall a observed n the holiday. 7 is performed on this holiday, the employee shall be compensated at the triple (3) time rate of pay• Labor Day, N0. 57% All work done on New Year's Day, Memorial Day, Independence Day, Veterans' Day (November 11), Thanksgiving Day, and Christmas Day on a Sunday, the following shall be compensated at the double (1) time rate of pay. when any of these holidays fall Monday shall be observed. Independence NO. 58> All work performed on New Year's Day, Decoration Day Day)$(Memorial Thank giving Day and Day (fourth of July), Labor Day, November 11th (Veterans Day), ^" Christmas ay shall be paidvatith orate of odouble property.time. No work shall be performed on i I ANNUAL WAGE ORDER NO. 3 PAGE 5 OF 5 PAGES wo t. Heavy Construction Rates for COLE County REPLACEMENT PAGE Section 026 'Effective Basic Over- CRAFTS - -- n, Date of Hourly Time Holiday Fringe Benefit Payments Increase Rates Rates _Rates H&W Pen. Vac. r.Tr Other ! ,PENTERS Journeymen 5/96 $20.28 7 5 2.05 2.10 0.05 MIIIwri his _ 5/96 $20.28 7 _ 5 2.05 2.10 0.05 j_.._ Pile Driver Worker 5/96 --$20.28 7 5 2.05 2.10 0.05 OPERATING ENGINEERS - Gwup 1 5/96 $18.30 5 5 3.65 3.65 0.42 ANN.55 group it 5/96 1 $17.95 5 5 3.65 3.65 0.42 ANN.55 LGrou 111 _5/96 $17.75 5 5 3.65 3.65 0.42 ANN.55 _jFGr )up IV 5/996$15.00(_ 5 _5 _ 3.65 3.65 0.42 ANN.65 Oiler Driver 5196 $15.00L 5 _ _ 5 3.65 3.65'- -0.42J ANN_55 ;-- - •a- i LABQRERS i i I••- i � f General Laborers , 5/96 $17.30: 2 �_ 4 2.301 2.10' _ _0.40 _ Skilled Laborers I _5196_ $17.90, 2_ 4_ ••i._ 2:OJ_2�101_ 0.4L_-_ TRUCK DRIVERS TEAMSTERS ' ;Group l ---1-----=--$17_79!..?- ' 4- 2.4 j_2.001 'Group II -_-- 1 - _ $17.95:_ 2_ 1 4 2.40J_2_00'r up III ; --- i_$17.94! • 2 1 4 _� 2.401 2.00 -_I up IV - - 818.06 r Z-7 ---.- --- - --�-----=----•--------:....4 ._l_2.401-2-001.._._....-)_. - .-_..... _-- i J I -ANNUAL INCREMENTAL INCREASE ANNUAL WAGE ORDER NO.3 7/'96 Je 1 t". ' 4 u 4 OVERTIME RATE SCHEDULE HEAVY CONSTRUCTION N0. 1: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Projects may be worked on the basis of a ten (10) hour per day,* four (4) days a week schedule (Monday through Thursday). All hours worked over ten (10) hours per day or forty :(40) hours per week shall be paid at time & one-half (110. There are no provisions for make-up days on Friday or Saturday, work on these days will be paid at time and one-half (1'3). on projects working five (5) day, eight (8) hour schedules (Monday through Friday), 7 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 5.81s schedule, the employer may invoke the 150 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 Mi) . The ability of the Employer to alter their work schedule from the regular eight 8) hours per day to nine (9) or ten (10) hours per day at straight time , is only applicable after the Employer on that job site has lost work hours which are to be made up by the expanded daily work hours. Time & one-half (1)5) shall be paid for work performed on Saturdays. Double (2)time shell be paid for work performed on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (E) hours toward a forty (40) hour work week, then all work performed over and above 32 ho•.;rs in that week would be paid at the rate of time & one- half MO. N0. 2: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall Ize either eight (8) or ten (10) hours. If a crew is prevented form working forty (40) hours Monday through Friday, or any part thereof, ly reason of inclement weather, Saturday or any part thereof may be worked as a make-up day '1 at the straight time rate to co-.plete forty (40) hours of work in a week. Employees who are part of a regular crew on a make-::p day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. Time & one-half (131) shall be paid for all hours in excess of eight(S) hours per day (if working I —•� 5.81s) or ten (10) hours per day (if working 4.101s) ,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 (136) shall be paid. For all time worked on Sunday and recognized holidays, double (2) time shall be paid. N0. 3: Means a regular work week shall consist of not more than forty (40) hours of work and all work performed over and above ten (10) hours per day and forty (40) hours per week shall be paid at the rate of time & one-half (1?5) . workers shall receive time and one- half (1'0 for all work performed on Sundays and recognized holidays. Where one of the holidays falls or is observed d--zing the work week, then all work performed over and above thirty-two (32) hours shall be ;aid at time and one-half (1)5). N0. 4: Means a regular work week shall consist of not more than forty (40) hours of work, Monday through Saturday, and all work performed over and above ten (10) hours per day and forty (40) hours per week shall be paid at the rate of time & one-half (135) . Workmen shall receive time and one-half (SAS) for all work performed on Sundays. N0. 5: Means a regular work week may be Monday through Thursday (if working 4.10's) or I Monday through Friday (if working 5.8's) . Time & one-half (135) is paid when working in excess of ten (10) hours per day (if working 4.101s) and on Friday & Saturday unless Friday and/or Saturday is used as a make-up day. Time & one-half (1%) is paid when working in excess of eight (8) hours per day (if working 5.81s), and on Saturday unless Saturday is used as a make-up day. All Sunday work shall receive double (2) time pay. J N0. 6: Means eight (8) hours shall constitute the regular work day and forty (40) hours a work week, Monday through Friday. The Employer shall establish the starting time as early as 7:00 a.m. Time and one-half (1'/S) shall be paid for work performed on a regular work day before the regular starting time and after the regular quitting time. Double (2) time "l shall be paid for work performed on Sunday and holidays. At the discretion of the J Employer, Saturday can be used for a makeup day. ANNUAL WAGE ORDER NO. 3 jjb,bck/e,ms off ice/winword/uv$Icoav/allfileu/kvyoc.ew3 3/96 6,1111 Ilk i now 5 OVERTIME RATE--SCHEDULE HEAVY CONSTRUCTM ` N0. 7. Means the regular work day shall be either eight (8) or ten (10) hours. The I F regular work week shall start on Monday and end on Friday, except where the Employer ,elects to work Monday through Thursday, ten (1U) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the N•� overtime rate of time and one-half (136). Except as worked as a make-up day, time on i Saturday shall be worked at time and one-half (135). Time on Sunday shall be worked at double (2) time the regular rate of pay. I N0. 8: Means eight (8) hours shall constitute a regular workday, Monday through Friday. I Time and one-half (134) shall be paid for work performed in excess of eight (8) hours on any regular workday. An Employer may have the option to schedule his workweek from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (135). If an Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain., snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, j should a holiday occur, Monday through Thursday, the Employer shall have the option to t j work Friday at the straight time rate of pay to complete his forty (40) hours. Time and one-half 1135) shall be paid for work performed on Saturdays. Double (2) time shall be --1 paid for work performed on Sundays and recognized holidays. jN0. 9: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Any time worked over eight (E) hours per day or forty (40) hours per week will be paid at time and one-half(135) rate. 1+ork may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. if such schedule is employed, then Friday may be used as a make-::p day when time is lost due to inclement weather. All work over ten (10) hours a day or over forty (40) hours a week must be paid at time and one- half (134). If an Employer has started the work week on a five-day, eight hours a day schedule, and due to inclement weather misses any time, then he may switch to a nine or a ten hours a day schedule, at straight time, for the remainder of that work week in order ._td make up the lost time (10•hour make-up day). All work performed on Saturday shall be paid at time and one-half (135)- Double. (2) time shall be paid for all time worked on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (8) hours toward a forty (40) hour work .week,. then all work performed over and above thirty two (32) hours in that week would be paid at the rate of time & one-half (135) . No 10: Means a regular work week may be Monday through Friday (if working 5.81s) or Monday through Thursday (if working 4•101s). Time and one-half (135) is paid when working in excess of ten (10) hours per day (if working 4.10's) Monday through Thursday. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. All necessary overtime in _ excess of eight (8) hours per day and work performed on Saturday, shall be paid at time and one-half (135) the hourly rate. work performed on Sunday and recognized holidays shall be paid at double (2) the hourly rate. N0. 11: Means eight (8) hours shall be a regular work day beginning as early as 7:00 a.m. Time and one-half (136) shall be paid for all overtime hours (over eight (8) hours per day or J over forty (40) hours per week) worked during the week, Monday through Friday and for all work performed on Saturday. Double (2) time shall be paid for all time worked on Sunday and recognized holidays. fl _j J J ANNUAL WAGE ORDER NO. 3 3/9 6 jjb,bck/e,maof five/wiaword/wpSlccav/allfiles/hvyot.aw7 r ' I HOLIDAY RATE SCHEDULE-HEAVY CONSTRUCTION (' No. 1: All work performed on New Year's Day, Decoration Day, Fourth of July, Labor Day, I Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. When any of these holidays fall on Sunday,the Monday following shall be observed as such holiday. No.2: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence Day j (Fourth of July),Labor Day,Thanksgiving Day,Christmas Day,or days observed as such,shall be paid L' at the rate of time and one-half(1Y,). When a holiday falls on Saturday,Friday shall be observed. When a holiday falls on Sunday, Monday shall be observed. No work shall be performed on Labor Day except to save life or property. Where one of the bolidays specified falls or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1%). —� 4% 3: All work performed on New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, sball be paid at the rate of time & one- half(11/2). When a boliday falk on Sunday,it sball be observed on the following Monday. i No. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday faUs on a Sunday,Monday shall be observed. No.5: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence Day (Fourth of July),Labor Day,Thanksgiving Day,Chrisas Day,or days observed as such,shall be paid tm J at the rate of double t(2)time. \'ben a holiday falls on a Saturday,Friday shall be observed. When a holiday falls on a Sunday,Monday shall be observed. No work shall be performed on Labor except to ti save life or property. where one of the holidays specified falls or is observed during the work week, i then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1'/). No.6: All work done on New Years Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving and Christmas sball be compensated at the double(2)time rate of pay. When a holiday J occurs on Saturday,it shall not be observed on either the previous Friday or the following Monday. Such days sball be a regular workday. If such a holiday occurs on Sunday,it shall be observed on the —1 following Monday. No work shall be performd on Labor Day. J NO.7:All work done on New Year's Day,Memorial Day,Thanksgiving Day and Veteran's Day shall -� 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 sball be observed as such holiday. If a holiday falls on Saturday,it shall not be considered to be observed on the previous Friday or following Monday. Sucb days sball be regular workdays. ANNUAL WAGE ORDER NO.3 3/96 J t u 1 REPLACEMENT PAGE OUTSIDE ELECTRICIANS COMINERCIAL WORK 1 _ These rates are to be used in the following counties: A Callaway,Cndcn Caner. Chariton, Clark, Cole, Cooper, Crawford,Dent, Adair, udrain,Boone, ar Franklin, Gasconade, Howard.Howell. Iron,Jefferson.Knox, Lewis, Lincoln, Linn.Macon, Manes, ".. -' Marion, Miller, Mooiteau, Monroe, Montgomery, Morgan, Oregon, Osage, Perry, Pbelps, Price, _ Pulaski.Putnam,Rally,Randolph,Reynolds,Ripley,St.Charles,St.Francois.St.Louis City.St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby,Sullivan,Texas,Warren, —' and Washington ` Classifications Rate Effective Date of Increase J *Journeyman Lineman 523.02 9/96 'Lineman Operator $20.61 9196 -Groundman 516.32 9/96 -� Fringe Benefits Health&Welfare -S2.00 Vacation Holiday Trust- 13 National Electricians Annuity Plan-22" Apprenticeship&Training-314 of I°5 National Dec.Ben.Fund LTILm'WORK Classifications Rate Effective 1 Date of Increase , J *Journeyman Lineman $22.61 9/96 *Lineman Operator $19.51 9/96 *Groundman $15.10 9/96 Fring Benefits Health&Welfare -$2.00 j Vacation Holiday Trust-I OV,% National Electricians Annuity Plan-19% Apprenticeship&Training-344 of 1% National Elec.Ben.Fund-3"/0 J *ANNUAL INCREMENTAL INCREASE t I'D oursn.rw.tna ANNUAL WAGE ORDER N0.3 9/96 .9 NMI k .r I i t REPLACEMENT PAGE OUTSIDE ELECTRICIANS COMMERCLA I.WORK i nyFRTD,fE RA-f : Eight(8)hours shall constitute a work day between the hours of 7:00 ons and � 4:30 P.M,and forty(40)hours within five(5)days,Monday through Friday inclusive, shall constitute the workweek Work performed in the 9th and 10th hour,Monday through Friday;shall be paid at I time and one-half(1'/2)the regular straight time rate of pay. Work performed outside these hours and on Saturdays,Sundays and legal holidays shall be paid for at the rate of double(2)time- .._ . HOST 1DAY RATE: All work performed on New Year's Day,Memorial Day,Fourth of July,Labor j Day,Veteran's Day,Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. y J 1. J t t , r {R `< 5/96 3 otrrs•n-r AW3 ANNUAL WAGE ORDER NO.3 i } ^�:an.s+axYS:rYLZ.R.:t.:.tE1.iG.i'k:i;+a.MS'wsi.�..-.—.._....� .. +vn av,G3 t:.:;•ui,ti r..Y....las..er..!..'1'Y.t y}:. .:+:N,vvlY.lf'VM1rc.•vrwnv�M.. •• .».�-.M��.w,ga '.�.} F J. l fF t I t I AFFIQAYILOf—COMP LIANCI-P_UBLI.0 W_ORKS_C.ONTRAGIS-LAW I,the undersigned, ,of lawful age,first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public works contract for 1997 Major Maintenance Project, Project No. 33046. 3. That I have read and am familiar with Section 290.290 RSMo(1993 Supp.) an act relating to public works contracts,which impose certain requirements �l upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo(1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of ' 19 J NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) )ss COUNTY OF ) s S"""•^`^••>•.uN'WF '!yYL':`itliV',i.l..'.tLS1tR iR:t ,a ...w......�..u..........«,...t v, „ f ' ,. ..•.• .. :'tom..:.: ' I i EXCE;;STYE_UNEMP_LOYMENT__EXCEP_TJON_CERTIF�CAT_ION f I,the undersigned, of lawful age,first being duly sworn, state to the best of my information and belief as follows: . 1. That I am employed as by 2. That was awarded a public works contract for 1997 Major Maintenance Project, Project No. 33046. 3. That I have read and am familiar with Section 290.290 RSMo(1993 Supp.) an act relating to public works contracts,which impose certain requirements _i upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. + 4. Although there is a period of excessive unemployment in the State of , I Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. ` } AFFIANT f J E Subscribed and sworn to before me this day of ' 19 NOTARY PUBLIC My Commission Expires: APPROVED BY: r DIRECTOR OF PUBLIC WORKS CITY OF JEFFERSON, MO tr_ .. J .: ., :. -�,...,.�..e+aua►t�sk.av<.:a..uew.,r•�.....-.........-...,�._.. .... ...............r.,.,...:r.:,a w.,....,.,..,,..ti-.r.»..e....Y.wx.,.:.,,.;,w..,.,........,rm::..,.r.r.....r.. - +-nw�n+.apt', 1 � r t I .� CONSTRUCTION-CONTRACT i THIS CONTRACT, made and entered into this ILI y of �- _ 1997, by j and between J.C. Industries, Inc. hereinafter called Contr ctor , and the City of Jefferson, Missouri, a municipal corporation, hereinafter called"City". WITNESSETH: That Whereas,the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: 1997 Major Maintenance Project,Project No.33046. NOW THEREFORE, the parties to this contract agree to the following: 1. Manner_and._time-for Completion. The Contractor agrees with the City to furnish all supervision, labor,tools, equipment,materials and supplies necessary to perform, and j to perform, said work at Contractor's own expense in accordance with the contract r documents and any applicable City ordinances and state and federal laws,within sixty(60) calendar days from the date Contractor is ordered to proceed,which order shall be issued by the Director of Public Works within ten(10)days after the date of this contract. j 2. Preyailing_Wages. All labor utilized in the construction of the aforementioned 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 Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No.3 in which the rate of 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 with the work to be performed under the terms of this Jcontract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Director of Public Works each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed,for each calendar day or portion thereof that the workman is paid less than the � j stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: 1 (a) VVor..kmen's-CompensationJnsurance for all of its employees to be engaged c J in work under this contract. bj #� _ _. ......w....� ..�, 4 (b) Contractor_'s_Public_LiabiliWnsurance in an amount not less than$1,000,000 for all claims arising out of a single occurrence and$100,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the Missouri Workmen's Compensation Law,Chapter 287, RSMo.,and Contractor's Property Damage Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (c) AutomobAe_Liab.ilityJnsurance 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. j (d) Qwners-Erotective_Liability_Insurance-The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence,except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, i explosion or collapse. _ (e) S-ubcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b),and (c)hereof and in like amounts. (f) Scode._of Insurance-and-SSpecial-H-azard. The insurance required under Sub- paragraphs(b)and(c)hereof shall provide adequate protection for the Contractor and its ^t subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it,and also against any special hazards which may be encountered in the performance of this contract. NOTE; Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 4. Car actor's-.esp-onsibiIIty_for-SLbcontractors. 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 I, 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 J R 7__. i contractors and to give Contractor the same pow regarding visions'of this to the work of sub exercise over Con con , of any subcontract as the City may contractual relations between create any contra . bcontra to and the C'i y oir b tween anylsubcontractors.contract any su deduct$500 from any S Liquidated-Damages. The Director of Public da r Contractor fails or refuses to art thereof,with such diligence as will insure the - amount otherwise due under this contract for every Y prosecute the work, or any separable p completion by the time above specified,or any extension thereof, or fails to complete the work by such time, as long as the that Contractor shallnnottbehchagged wChnl quMated proceed. It is further provided tha completion of the work due to unforeseeable causes damages because of delays in the comp beyond Contractors control and without fault or negligence on Contractor's part or the part ' 1 Y i of its agents. giving at least j other rights or g, termination. The City to he Contractor, without tpr judice to at by g 9 -1 five(5)days prior written no ed a bankrupt,or if Contractor should remedies of the City should the Contractor be adjudged Contractor should persistently e general assignment for the benefit of its creditors, or if a receiver should be make a g of its property,or proper material,or "? appointed for Contractor or for any enough properly skilled workmen or prop labor --� repeatedly refuse or fail to supply a payment to any person supplying if contractor should refuse or fail to make prompt persistently disreg-rd instructions of the or materials for the work under the contract, 0s of the contract. City or fail to observe or perform any provisions to the event this contract is terminated p 7. Oty_s_Right to-P-Mceed. over the work and prosecute the same to completion, 5 ' Paragraph 6,then the City may such case occasioned by the City. In any cocontract or otherwise,and Contractor and oscureties shall be liable to the City for any costs over the amount of this contract thereby feting the work, such materials, the City may take possession of, and utilize in comp for completion appliances and structures as may be s are in addition and and not in limitation of,the gand P pro a of the work. The foregoing p of the City under any other provisions of the contract, city ordinances, andstate °1 federal laws. and save the City B. la+demnity, The Contractor agrees a defend, indemnify,f everdescription, brought harmless from and against all claims, suits and actions of every r on b Contractor, J e Ci and from all damage and costs by resons,or th a p opertY,any injuries or against the tY an person or per _ damages received or sustained by Y P or by any its servants, agents or subcontra eroformance of the samenonon account of any act or negligence or carelessness in the P agents,or subcontractors,or arising out of the award r omission of Contractor,its servants,ag J of this contract to Contractor. J i I w� g, payjrne_nLfor-Labor and for all mateais use Contractor the construction uction of he'work to be for all labor done, a ' completed pursuant to this contract •oCused in the hperformance of this contract. to insure the payment of all materials and lab 10. Si1pp lies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the, purchase tided goods n d Contractor shall keep and jmaintain records Section 144.062 RSMo 1�t36 as i and invoices of all such purchases which shall be submitted to the City. i 11. payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment he Director of Public Works in and n accordance with the upon acceptance of said work y rates and/or amounts asta ed in the (partial paymenttottheMContractor shall perate as rt reference made a p approval or acceptance of work done or Nine aThousand Six Hundred Fifty Five an of this contract shall not exceed Forty 45/100 ($49,655.45)Dollars. 12. Csintract Docurnents. The contract documents shall consist of the following: f. General Provisions a. This Contract g Special Provisions b. Addenda h• Technical Specifications c. Information for Bidders I d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid the rated in This contract and the other documents enum a re fully a plant of the contract,as f Contract between the parties. These documents attached hereto or repeated herein. s in the 13. Nondiscrimination. The Contractor agree creed color, ational origin or contract ncestry, to discriminate on the ground or because al o opinion or affiliation, against any employee of sex, religion, handicap, age, or polite p Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. I ' I ' «+o.:•.t.1.v.nMa.u.....ix+A a .., ....,......._ _,. ... :..,r.^•..._....•..•.. ...rr ..e.i.:.w.. '.l,v.d.x .. ... �� r t 7. —911111111111 ' class mall addressed to the Director of Public Works City of Jefferson, 320 East McCarty, Jefferson 14. N-01110 . All notices required to be in writing may be given by first •..._,. Clty,Missouri 65101,and Contractor at J.C. Industries, Inc., P.O. Box 104567, Jefferson City, MO 65110. The date of delivery of any notice shall be the second full day after the day of its mailing. 15. JurlsdtrMon. This agreement and every question arising hereunder shall be Interpreted according to the laws and statutes of the State of Missouri. 16. IN TE�TiMONY WHERE F, the parties have ereunto set their hands and seals j this day of ti , 19q-1 J CITY OF JEFFERSON, MISSOURI J Mayor APPROVED AS ORM: ATTEST: o rise or City erk ^~� T OR J .C. Tn�/uslRies Inc. Title: -Tony 9dRian.j Pnesidenf ATTEST: Title: Garay lute en�r Jeene�an}/ ,M>tib f I 11 t ( • � ^'.^.••rp¢c.'uc�1t+11dz::?ntfn��f�.utiw+,.....M...._..,..._.._ � - � r .r ..•_. Y e..r...i:%4...l l:�..e•!r..al••4.A:v✓ur.. ...... w tP. T •q ewnrw•rrraorASVr�avq�eea.pa�i p�.p�5�ww++'�•iraa►+� v i ATE(MMIDDM') _ I '' B''+►®V®��r��• ;; 0411111997 Il4n�V6s;91V, 6.r;'F. l k/ fY THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER PHONE COMPANY BINDER F�11• /—`)Winter-Dent 6 Co. CONTINRNTAL KBSTZRN INS C ND-JCZNOO-000000017059 P. O. Box 1046j101 Saat McCarty DATE EFFE TIVE !a I QATEEXPIRATIOr Jefferaon City, MO "65102 X AA+ X 12:01 AM 04 11 1997 12:01 PM 05/12 1997 NOON I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMEOCOMPANY CODE SLID CODE: PER EXPIRING POLICY N: AGEN DESCRIPTION OF OPERATIONSNEHICLESAPROPERTY(lWudtnp Loemlon) CY INSURED City of Jefferson 1997 Major Maintenance Project Dept. of Public Works Project No. 33046 320 R. McCarty Street lHow r T ~AMD Jefferson City, MO 65101 . : ITS.:::. ^•^ "TYPE OF IIISUIIANCC COVERAGE/FORMS DUN COINS% I PROPERTY CAUSES OF LOSS BASIC r--1 BROAD❑SPEC GENERAl.LUOIUTY GENERAL AGGREGATE $ 1000000 kAUTOM�OBILE MERCUILGENERALUABIUTY PRODUCTS•COMPIOPAGG $ CLAIMS MADE OCCUR PERSONAL 3ADV INJURY S ERS 6 CONTRACTORS PROT EACH OCCURRENCE S 1000000 FIRE DAMAGE(Any one Sro) S RETRO DATE FOR CLAMS MADE: MED EJ(P(Any one person) S LIABILITY COMBINED SINGLE LIMIT S ALITO BODILY INJURY(Per parson) S OWNED AUTOS BODILY INJURY(Per ealdent) $ EDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS S NON-OMEDAUTOS PERSONAL INJURY PROT S UNINSURED MOTORIST $ • S } AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT S OTHER THAN COL: OTHER GARAGEUABIUTY AUTO ONLY-EA ACCIDENT S ANYAUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EKCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THANUMBREUA FORM REPRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION S STATUTORYUMITS WORKER'SCOMPENSATION EACH ACCIDENT S EMPLOYEAND UASIUTY DISEASE-POLICY OMIT S ' DISEASE•EACH EMPLOYEE S SPECIAL CONDITIONS/ Jeff City Industries, Inc., P.O. Box 104567, Jefferaon City, MO is OTHER COVERAGES re s naible for premiums and audits. NAf�IE,&ADDRESS.>».w N,.i ::.„...... : .. MORTGAGEE ADDITIONAL INSURED ' LOSS PAYEE X . LOAN 0 ,. AUTHORIZED REPRESENTATIVE _ 04(. l ACQRR7�S':�219d ..<.. ....r,.".M .,>NOTE:IMPORTANFSTATEEINFQRMATION:ONREV S SIDE °a eDA� �!C F1PQflATIQN`195 r o - 1 l i i 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 poilcy(les)in current use by the Company. n 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 o 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. 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 Note'. i —� Applicable in Delaware The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a Ilen on real i property shall accept as evidence of Insurance a written binder Issued by an authorized Insurer or Its agent if j 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 ti within the term of the binder unless the lender and the Insured borrower receive written notice of the cancel- latlon at least ten(10) days prior to the cancellation; except In the case of a renewal of a policy subsequent to i 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 Applicable In Nevada Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof is i required: (A)Shall be fined not more than$500.00,and (B)Is liable to the party of Insurance for actual damages sustained therefrom, presenting the binder as proof UM IBM- i N•w i t {d AG4RIl�„ I tTi f ATE C'�f� 1. IABILI`t�`INa.I.IR�,NC PRODUCER DATE(MM/DD .. Wiator-Dort & Co. 13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE § ;'2•, %�. BOX 1046;101 East McCarty HOLDER. THIS CERTIFICATE DOES NOT AMEND !Orson City, NO 65101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, +� COMPANIES AFFORDING COVERAGE COMPANY INSURED A CONT.TNSNTAL WNSTNRN INS CO Jefferson City radu ,stries Ina• COMPANY I B P.O. BOX 104444 COMPANY Jefferson Cit C y, NO 65210 COMPANY COVEIAO $ ONITOZ D THIS A ED CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLOTHE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ co LTR TYPE OF INSURANCE POUCYNUMBER POUCYEFFECnVE POUCYEXPIRATION A GEHERAL LUBIUTY DATE(MMDA-n DATE(MM/DDA•Y) LIMITS 9Xy11T0/70/50/51 /D X COMMERCIAL GENERAL LIABILITY 0710111996 07/01/2996 0710111997 GENERAL AGGREGATE S 1000000 CLAIMS MADE a]OCCUR PRODUCTS COMP/OP AGG S 2000000 OWNERS&CONTRACTORS PROT PERSONAL&ADV INJURY S 1 1000000 EACH OCCURRENCE S 1000000 FIRE DAMAGE(Any one fire) S 50000 A AUTOMOBILE LIABILITY 9RX1911 MED EXP I X ANY AUTO 07/02/1996 0710111997 wnyoneDeaon) S 5000 ALL OWNEDAUTOS COMBINED SINGLE LIMIT $ SCHEDULED AUTOS 2000000 HIRED AUTOS 130DILY INJURY Per Paroon) S NON-OWNED AUTOS BODILY INJURY (Per aalOenU S GARAGE LIABILITY PROPERTY DAMAGE $ ANYAUTO AUTO ONLY•EA ACCIDENT S OTHER THAN AUTO ONLY: • EACH ACCIDENT S X UMBRELLA FORM A IXCESS LIELLAF ORM 9AY2$22 AGGREGATE S 07/01/1996 0710211997 EACHOOCURRENCE . OTHER THAN UMBRELLA FORM S 1000000 AGGREGATE S 1000000 A WORKERS COMPENSATION AND EMPLOYERS,LIABILITY 9A]'1110 0710211996 0710111997 s q X 0 - b THE PROPRIE'I CU EL EACH ACCIDENT INCL s 100000 . _ P��EE�RS/DfECUTNE X EXCL EL DISEASE•POLICY LIMIT S A OTHER 500000 DN'D-ONZT01-000004 08 El DISEASE EA EMPLOYEE S 100000 ` INSTALLATION/BUILDS 07/01/1996 07/01/1997 ANY ONE JOB 100000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS 2997 Major Maintenance Project, P City of Jefforaoa shall be named roject No. 39046 additional insured under the Genera Liabilit I - l y policy. ' CER7�FiCA'1'E HOLOEi3...wCTTYJI.::�STP.T.7;; CITY OF JEFFERSpN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE 310 BAST MCCARTY EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL "`••+r✓✓�' JNFFBRSON CITY, MO 65102 IS_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I iBUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UASIUTY I ... ,..1... I OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 13CORD25•S�tlfl5) _: A RE P RTE�S�EHJT/^nVE �ACOq DEB r ` a ' . e : F Bond #5892147 PERFORMANCE,_P MENZAND_GUARANIEEaQNQ KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned J. C. Industries, Inc. . hereinafter, referred to as"Contractor"and Safeco Insurance Company of America 7 a Corporation organized under the laws of the State of Washington and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson, Missouri hereinafter referred to as"Owner' in the penal sum of Forty-Nine Thousand six Hundred Fifty-Five & 45/100DOLLARS ($ 49,655.45 ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors,administrators,successors,and assigns,jointly and severally by these presents. �. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS,the above bounded Contractor has on the day of 1g ' , entered into a written contract with the aforesaid Owner for furnishing all materials, equipment,tools, superintendence, labor, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the .J said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and 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 I other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace } all defective parts, material and workmanship for a period of one year after acceptance by the Owner,then this obligation shall be and become null and void;otherwise it shall remain in full force and effect. Y i 7 PROVIDED FURTHER,shatrovendera gasol nce�lubr ratings oiplsyfuelao ls, grreasese goal sustenances, provision , p t repairs,equipment and to consumed or used in said work,groceries and foodstuffs,an all insurance premiums, compensation liability, and ohisntheir, or any ts subcontractors n materials used or consumed by such Contract the Surety will pay the same in any performance of the work contracted to be done, amount not exceeding the amount of this Obligation,together with interest as provided by _ law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and the terms of the ation, or agrees that no change, extension of time, alter the specifications cationsoaccompanying the contract,or the work to be performed th same, shall in any wise i e time, alteration,00r add bond on to the terms of the contract',or to of any change,extension the work,or to the specifications: f PROVIDED FURTHER,that if the said Contractor fails orkman engaged in the cons truction wages, as shown in the attached schedule,to any of the improvements as designated, defined and described in the said contract,nalt Spec and conditions the reo{the rby reason of(his/its)'act or omission,in any provided for by law which the contractor amount not exceeding the amount of this obligation together with interest as provided by m� 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 4 hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jefferson City, Missouri on this the r:. day of ' 19 WIN of America J. C. In nc. Safeco Insurance Company CONT CTO -1 SURETY ANY J (SEAL) (SEAL) BY /o y Ad21nn, PResIdent (SEAL) BY (SEAL) 1 Attor ey-in-fact (State Representative) Kris L. Bennett J (Accompany this bond with Attorn ey-in-fact's authority from the Surety Company certified .h to include the date of the bond.) , J fl 1 1 SAFRCO INSURANCE COMPANY OF AMERICA t GNNERAL INSURANCE COMPANY OF AMERICA ��` FIRST NATIONAL��® HOMO OFFICE- SAFECORPLAZACOMPANY OF AMERICA .. SEATTLE,WASHINGTON 93180 ACKNOWLEDGMENT BY SURETY i i STATE OF Ml eaour I SS. County of Cc l e l On this day of before me personally appeared Kr 1 s L. Bennett known to me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FMT 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 WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. �.' y Notary Public in tI6 State of MI s s o u r I (Seal) County of - Cole DOROTHYEBRAY NOTARY PUBLICSPATE OF MLSSOURI COLECOUNTY MY COMMISSION EXP JUNE 6,1999 r , r i Winter—Gent & Company O Registered trademark of SAFECO Corporation. f ' �^ o..r•a ss, r.,f,,.ae... _ ...__. __ __.... PRINTED IN U.S.?_ _ a rr� is , i++ POWER SAFECO INSURANCE COMPANY OF AMERICA i OF ATTORNEY HOME OFFICE SAFECO PLAZA — SEATTLE,WASHINGTON e8185 No. 5462 'KNOW ALL 4V THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ee■ueereeeeeeeeJAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS; KRIS L. BENNETT Jefferson City, Missouri-reeee"e�eese a eerr a ereeere�er erereeer uoM uerereeeeeeeeeeee�eeeree�e its true and lawful attorney(s)-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 bane office. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents a., I • this 6 1 h day of February 1895 i CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: ,c,,) V, Section 13. - FIDELITY AND SURETY BONDS . .. the President. any Vice President. the Secretary, and any Assistant Vice resident appointed for that purpose by the officer in charge of surely 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, 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 SAFECO INSURANCE COMPANY OF AMERICA adopted July 28, 1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (1) The provisions of Article V. Section 13 of the By-Laws, and (II) A copy of the power-of-attorney appointment, executed pursuant thereto, and (III) Certifying that said power-of-attorney appointment Is In full force and effect. I the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof" 1. R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of The By-Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct, and that both the By-Laws, The Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation 1 this day of 19 p�E ramp" , •'7.� S,1310111 1103 cif l O Registered trademark of SAFECO Corporation. J i MGr SAFECD 1 IMPORTANT SURETY BOND INFORMATION - MISSOURI - 4 Your SAFECO agent is a professional Independent Insurance Agent If you have specific questions about your Surety Bond, YOU MAY DIRECT THEM TO YOUR AGENT. MISSOURI SPECIFIC QUESTIONS If you have been unable to contact or obtain Information from your agent, you may contact SAFECO at the following address and telephone number. SAFECO Insurance Company of America r + ! ..� General Insurance Company of America First National Insurance Company of America Surety Office P.O. Box 461 St. Louis, MO 63166 Telephonec (314) 965-0400 t 1 ' i { t l y[ 1 I 1 r f'�' 1 • I ' \} 'd1r + a t 1 _ 5•instilEP OIY] ®Regbtornd tradomuk of WOO Corpontlon. • . .'•_.•+++wuwuWnWJw1Li.C.A1.i31':Y}�M�.:NMl.rrn+.v.....•.�.._.S._..•...�.......,•.,..»......-._..... .., .._,.-r..... ._. .«.w.w.s_ren eraw..a tuo. r r r � t s) 1! y •f' k l ,... • t I pow •,,� GENERAL-PROVISIONS EORWARI) 1 The following Articles GP-1 through GP-49 are "General Provisions of the Contract", modified as set forth in the Special Provisions. j GP-1 CONTRAC_T_DOC_UMENTS It Is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders, General Provisions, Special Provisions, Bid, Contract, j Performance and One Year Guarantee Bond,Specifications,other documents listed in the i Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to f the time of opening bids for the work,all of which are hereto attached,and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor,tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described I in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. I - The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each I containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: -� Two with the Owner One with the Contractor GP-2 DEEIMI—ONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the —� meaning herein given: 4 J 1. "Contract"or"Contract Documents"shall include all of the documents enumerated In the previous article. i J ; t .ti r } I , i 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. 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. 4. "Subcontractors" shall mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Public Works, (i.e.,the Engineering Supervisor). »� 6. "Construction Representative" shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties ei,trusted to him or them as subsequently set forth herein. b ' 7. "Date of Award of Contract"or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. I 8. "Day"or"days", unless herein otherwise expressly defined,shall mean a calendar day or days of twenty-four hours each. 1 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans" or"drawings" shall mean and include all drawings which may have been t prepared by the Engineer as a basis for proposals, all drawings submitted by the J successful bidder with his proposal and by the Contractor to the City, if and when j approved by the Engineer, and all drawings submitted by the City to the Contractor _ during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words"as directed", "as required", "as ' permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the direction,requirement, permission,or allowance of the City and Engineer is intended. 12. Similarly the words"approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper or J satisfactory in the judgment of the City and Engineer. t J E. 13. Whenever any statement is made in these Contract Documents containing the E expression"it is understood and agreed"or any expression of the like Import, such expression means the mutual understanding end agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction" prepared by the Missouri Highway and Transportation Commission. GP-3 THE CONTRAGZOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee -� of the City,either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE-ENGINEER The Engineer shall be the City's representative during the construction period and he shall aobserve the work in process on behalf of the City by a series of periodic visits to the job `J site. He shall have authority to act on behalf of the City. V J The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's j sole responsibility during construction is to the City to endeavor to protect defects and J deficiencies in the work. Any plan or method of work suggested by the Engineer,or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BONA 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 t by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which low J I� • j might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract,as well as by reason ' of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used,or by reason of defective or improper workmanship done, in the furnishing of materials, labor,and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible, the City shall have the right to require additional and sufficient `j sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days I ..11 after notice to do so. In default thereof, the contract may be suspended, all payments or _ money due the Contractor withheld, and the contract completed as hereinafter provided. i GP-6 INSURANCE I I� GP-6.1 GENERAL: -� The Contractor shall secure,pay for and maintain during the life of the Contract, insurance J of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies t 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 -I requirements are complied with. All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance I shall be delivered to the City prior to the time that any operations under this contract are started. f All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. vq NEW— J s rt w i GP-6.2 BODILY-JNJ_URY_IIABILLrL-&-_PRO.PEELTY DAMAGE_LIABILI7Y 1NBURANCE a (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries, including i death, of not less than$1,000,000 per person and $100,000 per occurrence. I (2) Property Damage Liability insurance coverage for limits of not less than$1,000,000 per one occurrence nor less than$1,000,000 aggregate to limit for the policy year. GP-6.3 C_ONIBACZOKS_P-3QTE-CTIVE_B.ODIL rL_INJURY__LIABIL" & PRO]TEC_Tl_V_E_PROPERrI L__DAMAGE__LlABILI.7Y—JNS-URAN.CE: (.CO-V EBIN.G_OP�ftAT10NS_QF._S U BCONTRACIORS) (1) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily injury or death. '-j (2) Property Damage Liability providing limits of at least$1,000,000 per occurrence and i _! $1,000,000 aggregate. GP-6.4 C-ONTRACTUAL-LIABILITY Property Damage coverage with $1,000,000 aggregate limit. I GP-6.5 G W-NE"_PBQTECTIV.E_LIABILITY AND PROP-ERLY DAMAGE 1NS_URANCE I JThe Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor i or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-1.2, 1.3, 1.5 for property damage liability shall contain no 11 exclusion relative to: J (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) J ff s (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of, or structural injury to, any building or structure on or adjacent to the City's premises, or injury to or destruction of property resulting therefrom, caused by the J removal of other buildings,structures, or supports,or by excavations below the surface of the ground. GP-6.7 AUTO.MOBILE_B.ODILY.INJ.URY_LIABILITY&AU.TOMOBI LE_PROPERTY DAMAGE-LIABILITY-INSURANCE - Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $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. W� The above is to cover the use of automobiles and trucks on and off the site of the project. GP-6.8 EMPLOYER'S LIABILITY AND.WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits,and Employer's Liability with a limit of$100,000 per person. The"All State" j --., endorsement shall be included. I 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 INS-TALLATIO"-LOATER_1NS.URAN.CE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance,when in warehouses or storage areas,during installation,during J 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 Tj contract. The coverage shall be for an amount not less than the value of the work at J completion, less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. i Installation Floater Insurance shall also provide for losses, if any,to be adjusted with and made payable to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-furnished equipment is less i than $10,000 such equipment may be covered under Builder's Risk Insurance,and if so 1 covered,this Installation Floater Insurance may be omitted. J 4 t r GP-6.10 CONM. CTO.R_S_RESP_ONSIBILITY.FOR,OTHER LOSSES I For the considerations in this agreement heretofore stated,in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, d b the Contractor's, his agents, sub-contractors, -� or motor vehicles owned or rented y � material men or his or their employees;to sheds or other temporary structures, scaffolding 1 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 I materials, and supplies necessary to the work. GP-6.11 CO�ITRAC.T_ORS__RESP_ONSIBILITY _ON.__DAMAGES_._&.__CLAIMS INDEMNI EYING_CIT_Y I ; 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 �,• ti their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOSIFICATLON_IR.EYENT OELIAB.ILITY_OR.DAMAGE _I 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 _1 give the details as to the happening,the cause as far as can be ascertained,the estimate J of loss or damage done, the names of witnesses, if any, and stating the amount of any _ claim. GP-7 ABSIG MENTQE.QONTRAC_T The Contractor shall not assign or transfer this contract nor sublet it as a whole,without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting,even though consented to,shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner,the City may at his option annul and terminate Assignee's contract. +J ' • J I r , i GP-8 SUB CONTRAC..TS.-PRINCIPAL MATERIALS.&_EQU IPM ENT 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. I No officer, agent or employee of the City,including the Engineer,shall have any power or 7 authority whatsoever to bind the City or incur any obligation in its behalf to any -1 subcontractor, material supplier or other person in any manner whatsoever. J GP-9 OTHER_GONTRACTS The City reserves the right to let other contracts in connection with this work. The I j 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. i If any part of the Contractor's work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any I defect in such work that renders it unsuitable for such proper execution and results. f His failure so to inspect and report all constitute an acceptance of the other contractor's t work as fit and proper for the reception of his work, except as to defects which may develop in the other contractors work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract,the respective rights of the various interests involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. J GP-10 LEGAL-RESMCIONS, PERMIT_S�ANQRESULAO-S ; The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or ;1 J specified. J • t r 4 GP-11 ROYALTIES.AND.PATENTS t` 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 "I may be made at any time for such and shall be liable for any damages or claims for patent infringements, and the Contractor shall at his own expense, defend any and all suits or proceedings that may be Instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work, and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. — GP-12 SLQP_E_AND_INTENLOESPECIEICATI.ONS-AND_.P_LANS _J GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement, but not necessarily j duplicate each other,and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other,shall be executed just as if it has ' been set forth in both, in order that the work shall be completed according to the complete I . design of the Engineer. i Should anything be omitted from the Specifications and Plans which is necessary to a clear understanding of the work,or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that —� the work shall be performed and completed according to the true spirit, meaning and intent of the contract,specifications and plans. - GP-12.2 ELGURED DIMENSIONS TO_G_O_VERN I � i • -' r. r Dimensions and elevations shown on the plans shall be accurately followed even though ` they differ from scaled measurements. No work shown on the plans, the dimensions of I which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. i J GP-12.3 C_OMRACTOR ZO_CREC"LANS-AND-S-CHEDULES I J The Contractor shall check all dimensions, elevations and quantities shown on the plans, and schedules given to him by the Engineer, and shall notify the Engineer of any I discrepancy between the plans and the conditions on the ground,or any error or omission i in plans, or in the layout as given by stakes, points, or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall f "J1J carry out such instructions as if originally specified. .J T . 1 The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. °j GP-12.4 STANDARD_SP_ECIFI.CATIONS - Reference to standard specifications of any technical society,organization or association, I or to codes of local or state authorities,shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. i i GP-13 C_ONSTRUCTION.REPRESENTATIVE..AT PROJECT f _ The City may appoint or employ such"Construction Representative"as the City may deem 7 proper,to observe the work performed under this Contract,to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this 13 contract and the specifications therefor, provided, however, that should the Contractor -� object to any order given by the Construction Representative,the Contractor may make J written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City ` Jshall be free at all times to perform their duties, an intimidation or attempted intimidation j of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides,to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to i 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 1 and made good by the Contractor at his own expense, and free of all expense to the City, i 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 I Jhave been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the q plans and specifications except on written order from the Engineer,and the Contractor will J. be liable for any deviation except on such written order. J All condemned work shall be promptly taken out and replaced by satisfactory work,and all j condemned materials shall be promptly removed from the vicinity of the work. Should the NOWt 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 I -1^ provided. i r Reexamination of questioned work may be ordered by the Engineer, and if so ordered the I work must be uncovered by the Contractor. If such work be done in accordance with the i Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. i i The Contractor shall furnish samples of testing purposes of any material required by the i Engineer,and shall furnish any information required concerning the nature or source of any material which he proposes to use. ' I GP-14 LINES-AND-GRADES . w The Department of Public Works will set construction stakes establishing lines, scopes, and continuous profile grade in road work, and center-line and bench marks for culvert work,and appurtenances as may be deemed necessary, and will furnish the Contractor, _ with all necessary information relating to lines, slopes, and grades, to lay out the work j 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. ry 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 such notice. r 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 J at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes, j bench marks,or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. r j GP-15 MNIRAC-T ORS-RESL'ON.SI13ILII.1(_FOR_MAIERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and I J he shall replace at his own cost and expense any and all such material found to be defective in design or manufacture, or which has been damaged after delivery. This Includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. J _ i 1 GP-16 WATER _ All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER I All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. I GP-18 SUPERINTENDENCE.AND._WORKMANSHIP ' The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his i absence and all directions given to him shall be as binding as if given to the Contractor. w The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics,tradesmen, and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. -� GP-19 MAINTENAMCE_Of_TRAEFJC 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 to t J through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Public Works. All detour signing shall conform to the"Manual on Uniform Traffic Control Devices". _j Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed 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 AN@LIGHTS i All streets,roads,highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section, i. ` L i I , All open trenches and other excavations shall be provided with suitable barriers,signs,and I 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. ^� I All barricades and obstructions shall be illuminated by means of warning lights at night. i All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. All barricades,signs, lights and other protective devices shall be installed and maintained In conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work I shall be subsidiary to the construction and no direct payment will be made for it, �a GP-21 EXISTING-UNDERGROUND.INS.TALLATIONSAND_STRUCTURES J Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall 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 J negligence shall be repaired entirely at the Contractor's expense. i J Utilities,other than sanitary sewers and water mains,which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices ! bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct 1 conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PB_QTECMQN 0f-VVQ 3KAND_PROPEM The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. J J b j The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private J property and utilities when such property is liable to injury or damage through the performance of the work,and shall make all necessary arrangements with such owner or I , owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury, and he shall so act. Any compensation, claimed by the Contractor on account of emergency work, shall be j determined by agreement or arbitration. i f The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 G.UARANTEE_OF-MATE RIALS.AND_WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 N_-0-WAIVER_QERIGE•IIS I i Neither observation of work by the City or any of their officials,employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the l whole or any part of the work by the City, nor any extension of time, nor any possession _j taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein j provided, nor shall any waiver of any breach in this contract be held to be a waiver of any -� other or subsequent breach. i GP-25 U;S.EO.EC-OMP_LETED_I?ORDONS J If desired by the City, portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and �r -1 the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDMO-NAL,-OMLTIFD,O-CHARGED_IN_ORK - T< The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. . J t •. 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 I changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer, which order shall state the location, character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the codification or alteration increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal,then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. _ If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work I c ble affected by such decrease. Where the value of omitted work is not covered by app' prices,the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized ' change. 2. Allowance to the Contractor for any actual loss incurred in connection with the ' purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. f 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. �I Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. I Extra.Work: (a) The term"Extra Work"shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal I items and which is not otherwise provided under this Article GP-21. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price .a 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 force account. (Per Section 109, Measurement and Payment, Missouri State Highway and Transportation Commission. Missouri Standard Specification for I J Highway Construction 1986. GP-27 SUSPENSION-OF-W-ORK The Owner may at any time suspend the work,or any part thereof by giving ten(10)days • notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10)days after the date fixed in the written notice from the Owner to the Contractor to do SO. i But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume within a reasonable ti 7 period of time, then the Contractor may abandon that portion of the work so suspended J and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. -) GP-28 OW.NEWS.RIGHLT_O_DO_WORK M� 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 QWNER_SRI-GH LI2TERMINAtE-COI`LtRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors,or if a receiver should be appointed on account of his Insolvency,or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen 1 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, rim J I J then the Owner may, without prejudice to any other right or remedy and after giving the �y Contractor seven(7)days written notice,terminate the employment of the Contractor and I take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. In such case, no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, Including compensation for additional managerial and administrative services, such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractor shall pay the difference to the Owner. GP-30 GO.NTRAC.T_OR'.S.,RIGHT TO_STOP_WORK_OR_'rERMINATE_CONTRACT If the work should be stopped under an order of any court, or other public authority,for a period of three months,through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon seven (7)days written notice to the Owner and the �} Engineer, stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit —i and damages. J _ GP-31 LOSS ES_FROWNATURAL_CAUSES —� All loss or damage arising out of the nature of the work to be done, of from the action of i the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work, shall be - sustained and borne by the Contractor at his own cost and expense. J GP-32 SUNDAY,IIOLIDAYA. ND NIGHT_WORK ti _ 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 _i of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. l GP-33 UNEAV-O 3ABLE_CORS_TRUCTIO.N_C_O-NDMONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the i Contractor to perform the work in a proper and satisfactory manner. J , I GP-34 OMITTED GP-35 MATERIALS.AND-EQU IPM EMT - Unless specifically provided otherwise in each case, all materials and equipment furnished l for permanent installation in the work shall be new, unused, and undamaged when _ installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such I use is specifically authorized by the Engineer in each case. GP-36 DEFENSE-OF-SUITS } , In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged _ negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, `1 material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, Jexpenses,judgments,or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-37 GHANGE_ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. J GP-38 C9_N_TRACT TIME I 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 by the Engineer. J If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six(6)hours,the day will not be counted as a working day. J � . - No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays,Sundays,and City holidays will not be counted as working days any time during the year. J 1 w f GP-39 CONTRACT.TIME EXTENSION i 1 The Engineer may make allowance for time lost due to causes which he deems justification i for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, he shall state his reasons in writing,furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-40 LIQUIDATED-DAMAGES I 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 WM fail to complete the work within the time specified in the contract, or within such extra time i �+ as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public,after the expiration of the time stipulated in the j 1 contract,and will be deducted from any money due the Contractor under the contract, and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time,or after any extension of the time,shall in no way operate as a waiver on j the part of the City or any of its rights under the contract. v GP-41 MEASUREMENT-AND-PAYMENT (a) BASIS-FOR-PAYMENT j Contractor will be paid for quantities actually constructed or performed as determined by field measurement(except as may be hereinafter provided) at the unit price bid for the items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid j but necessary for the completion of the project shall be included in bid items. _i (b) DFQU.CTLONSJORUNCQRREGT.ED-LVORK J If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. -� (c) LUMP-SWREMS J Payment for each lump sum item shall be at the lump sum bid for the item,complete in place,and shall include the costs of all labor, materials,tools,and equipment to construct the item as described herein and to the limits shown on the plans. P1 I .. .......... f (d) P_ARTIALRAYMENT - Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or Inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. i (e) AC.CEL'TANCE-AND FINAL_PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature,stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid i to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. j (f) AFFIDAVIT-OF-COMPLIANCE Monies due to the Contractor will not be delivered to the 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_LIA@ILI_TY 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 for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. _ GP-43 CERTIEICATIONS GP-43.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Public Works at least 24 hours before the product is to be used on the project. GP-43.2 The City,at its option,may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-44 LOCAL_PREEERENCE In making purchases or in letting contracts for the performance of any job or service,the purchasing agent shall give preference to all firms,corporations or individuals which I maintain offices or places of business within the corporate limits of the City of Jefferson, j when the quality of the commodity or performance promised is equal or better and the price 1 _ quoted Is the same or less. GP-45 P_REFEREN!CEEOR U..S._MANUFACTURED_GOOD.S I 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. i " GP-46 AWARD_OF.CONTRACT--REJECTION-GF_BIDS i All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for I 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. i 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 AFEIDAV1T_OE_COMP_LIANCE_WIT ELP_UB.LI.C_WORKS_CON_TRACTS_LAW j Upon completion of project and prior to final payment, each contractor and subcontractor j I _ hereunder shall file with the City of Jefferson, Missouri, P!1blic Works Department, an I affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1993 Supp.),an act relating to Public Works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. GP-48 MIS.S_OURL.LABORERREQU_IREMENT _ r 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. E 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 I i contractor or subcontractors to work on this Public Works' contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved,if so certified by the contractor or subcontractor hereunder and approved by the Public Works Director of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident r" executive,supervisory or technical personnel or projects where federal aid funds are being I utilized in the act and this provision would conflict with any federal statute, rule or regulation. i R • i i Laborers from non-restrictive states means persons who are residents of a state which has _ not enacted state laws restricting Missouri laborers from working on public works projects In that state, as determined by the Missouri Labor and Industrial Relations Commission. -� A Missouri laborer means any person who has resided in Missouri for at least thirty(30) _ days and intends to become or remain a Missouri resident. GP-49 LIAE1LlIJ(FQBCOMPLIANCE WIIliL'UBLIC_WORKS COIL RACIS_LA111( AND_MIS.S.Q-IRLLABORERREQUIREMENI In the event a contractor or Subcontractor hereunder files with the City of Jefferson an � -- affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1993 Supp.),when in fact the contractor or J subcontractor has not complied,to the extent that any liability is assessed against the City 7 of Jefferson, Missouri, or any additional expenses are incurred by the City of Jefferson, ! Missouri,any contractor making the false statement,or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers ! . or laborers from non-restrictive states, absent statutory exceptions, whenever there is a period of excessive unemployment in Missouri,agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional l expenses incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. 7 M INS- i I i ' 1 I ��..�.„Y:.'C:.'l i..5t`-i�".i:5}'F.:. J; -,- ..i �... i.....w.....0 vv".. .w..r.w-..........+...v.r_i.va...-....-... ..."-.�.............W.....e - ;;, _ .._. ...r..F i •.,,� j^ C]"DOOF—JEEFERS_ON j DEPARTMENT_OF�U.B.LLC�NCORKS ETANDARD_SI?ECIAL-QROVISIONS j FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 -TECHNLCAL_SP-ECIFICATIONS_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, General Provisions, Special Provisions, and Detail Plans. All construction details included with the plans and attached hereto shall be - used in constructing this project. j SP--2 PARTIALACCEPTANCE -, The City reserves the right to accept any part or all of the bid for the project. I SF-3 P_RE_CDNSTRUrMON_C0NEERENCE I �j 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 r' Owner, The Engineer, the Contractor and his Subcontractors, and the Utilities,as well as representatives of any other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. P_REVAILINC7-MGE LA16f 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). -j Section 290.265 requires that a clearly legible statement of all prevailing J hourly wage rates shall be kept posted in a prominent and easily accessible ° place at the site by each contractor and subcontractor engaged in public . works projects, and that such notice shall remain posted during the full time. I r` J r yr'f 1 SPA PB09f—OF i < All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. SALES-TAX_EXEMPSION Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract J 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. A list of materials to be ordered in the City's name for the project shall be submitted prior to the preconstruction conference. The Contractor will notify the City and obtain concurrence in advance of any changes being made to the list. The Contractor shall order, receive, approve, install, and generally be 1 responsible for all materials for the project. Material purchases to be paid by the City shall be ordered in the City's name. Invoices for this material shall be mailed in care of the Contractor, approved by the Contractor, and ti submitted to the City for payment. Requests for payment for materials shall be deducted from the contractor's monthly payment estimates for work completed. i J SP 7 PROJECT COORDINATION Only one project in this phase shall be under construction at a time unless i ] prior approval is obtained from the Director of Public Works. Construction on that project shall be essentially complete before the next project is started. SPA MAILBOXES If U.S. Postal Service access to any mailboxes will be interrupted during construction, the Contractor shall contact the U.S. Postal Service to r ', IM1 ��. determine where the mailboxes should be set during construction, f 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 I! { better or equal type and quality at the Contractor's expense. i i --1 TRAEELC COITBOL_D-UR[MG CONSTRUCTION All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, cones, and barricades shall be placed both to protect i workers and equipment and to protect the public by marking open trenches and other potential dangers. On projects open to traffic, "ROAD ' CONSTRUCTION AHEAD"signs shall be placed appropriately. On projects f closed to traffic Type Ill barricades signed"ROAD CLOSED"shall be placed ! at both ends of construction. All Type III barricades shall be equipped with flashing beacons and shall be maintained in operable conditions for the Jduration of the project. SP�4 &CCEES_IQADJACENZP-ROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the —, Contractor shall notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. Pedestrian access shall be maintained at all times. Suitable access shall be `I provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-11 PROTECTION OF ADJAC:-NT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-1 2 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. 1 r ! l SP-13 ROC"-EMOVAL -• No explosives shall be used on this project within fifty(50)feet of a structure. -I Rock in these areas shall be removed by mechanical chipping, Jack- -7 hammering or other methods approved by the Engineer. SP-14 UNDERGRADIIIG-IN_ROCK C.UT C Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled with a drainable material with top surface choked with fines for proper subgrade preparation. No direct payment shall be made for backfill materials. The only payment made shall be for cubic yards of rock excavation. i SP-15 RQOEDRAINS c J All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. ! See Technical Specifications Section TS-29, Downspout Drains. SI?-.1f S.I.lB_GRAD.E_STASILIZATION Payment for crushed stone for subgrade stabilization shall be per ton of material provided,based on tickets submitted to the City at the time the work , I is done. Payment shall be at the unit price bid which shall include all labor, j Jmaterials, tools and equipment necessary to stabilize the area including j removal of unsuitable material,disposal of the material off-site and subgrade s; preparation. SP-17 "ROlLED_SIO.NE BASE =� Payment for 3"Rolled Stone Base shall be made by square yard measured from back of curb to back of curb,plus one(1)foot. Any additional thickness necessary under the curb and gutter section, that might be needed if the curb and gutter section is placed separately, shall be subsidiary to this item. No additional payment will be made. ! SP-18 REPAIR OF DRIVING SURFACE All sections of pavement damaged or removed during construction beyond the limits of construction of new pavement as denoted on the plans shall be replaced in accordance with the following requirements: J , .f i r t 4 } Existing Per-eay Base Surface PCC Street ---- 6"PCC Bituminous Street 5" PCC 1'/z"AC i Cold mix shall be used on a temporary basis when asphaltic concrete hot i mix is not available. The cold mix shall be removed and the permanent hot j mix shall be installed when it becomes available. Chat drives,alleys,and parking areas shall be resurfaced with crushed stone In the areas disturbed. In all areas disturbed by construction activities,replacement and repair of the ! driving surface shall be subsidiary to construction. AQJ_U5TMENT-OF UTILILI!.SERVICES The necessary adjustment of utility services such as water, gas,telephone, and electric, including meters, valves and other appurtenances shall be subsidiary to the work, I I ~ i SP-20 P-LMG1NG-ANDABAN20NMENLOF_EXI.STING-PIPES -j All pipes to be abandoned shall be plugged and sealed with portland cement concrete at the locations as shown on the plans. ` All pipes to be abandoned shall be completely filled with clean sand. The sand shall be blown into the pipe by using compressed air or other such means. 1 All plugging and filling of pipes shall be subsidiary to the work. SP-21 IIySIALLAIIU-LOESFJNER.PIP_E JThe unit price for the installation of sewer pipe shall include all necessary excavations,ditching, backfilling,bedding,shoring or any other item required " to make the installation of the pipe. SP-22 LTEMS LQBE LEFT IN -21 ACE Items marked "LIP" on the plans shall be "left in place". Any damage to x J these items,or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. r � ........_...... .. .W..........,... .._�,_._ . _. .. sal SP-23 CORES-OF�NGINEERS-PERMIT The provisions, general conditions, and special conditions of the United -� States Army Corps of Engineers"Permit Number 93-00701"as issued to the i City of Jefferson,Missouri shall be part of the contract requirements for the Boonville Road Bridge Demolition. A copy of the executed permit is herewith included as part of this Special Provision. SP--2 4 11)E M 01JTION 0U-HEJ3RIDGE_CROS-SING-GRACS CREEK �. The existing bridge over Gray's Creek is a three(3)span reinforced concrete structure approximately 125 feet long and 18 feet in width that was 1 constructed in 1917. The demolition of this structure shall include the following (see sketch herewith included): 1) The removal of the metal bridge placard located on the northeast corner abutment. The placard shall be salvaged in a manner as not to degrade or harm its present condition. After removal the placard shall be delivered to the office of the Director of Public Works. �. 2) The demolition, removal, and disposal of the following bridge components: a) rails , =3 b) deck c) the two(2)center bents to a level eighteen(18)inches below the existing ground elevation. The abutments of each end of the structure shall remain in place. 3) The removal,obliteration,and disposal of existing asphalt pavement at the east and west approaches to the structure. (Approximately 150 sq. yds.on east approach and 50 sq. yds on west approach.) J 4) The removal of the existing guard rail on the north side of the bridge at the east and west approaches. 5) The installation of Type A Guard Rail and End Sections with metal posts. Approximately 32 LF is required on east end and 40 LF is required on west end. i ' � I ` 6) Seeding and mulching of all areas disturbed during bridge demolition I and pavement obliteration. All products of demolition shall be removed from Gray's Creek and all + � 1 materials shall be disposed of off site. i All requirements of the Corps of Engineers permit shall be met. { Payment for the work required shall be on a lump sum basis. pz J , , r A a < 7 1 x , 1 ` r41,1 1� Mj .X '44Yn�.'S'�.;d?rre�E7xk:.'2S+4L°'fis'4�1,?`SJilFZliem�w�xrrnmow � f ti��°•�� ,�� < ... � t t ,.. C ,ill iei s � , r I� I RAILROAD BRIDGE . PROPCSED GUARD RAIL ' i G EX!STNG GUARD RAIL . [%:SYNC GUARD RAIL i ASPHALT PAVEMENT ST� P'J,CARD TO B SALVAGED / (TD BE OBLITERATED) /,/C � / \cE / ' ASPHALT PAVEMENT \ ] -l� (TO BE OBLITERATED) \ . } J P PROPOSED GUARD RAILS \ / 9 \ j BRIDGE DEMOLITION r" BOONVILLE ROAD 1 , ,I wua ._'•i'{i3^d°�.cit.i+i�mv: ;.....�.;i,:.,.....<,,,.�.:a......,. »....._ �: y, t r aa • . a 4 P ,jF i rjr E jj r f* ri Al 7 SOy ilia ��' st p H 1, 8 r r i j84 ii��;:� •a t—i-• C W 5 wy fill S t DEPARTMENT OF THE ARMY KANSAS CITY DISTRICT,CORPS OF ENGINEERS 700 FEDERAL BUILDING [IF KANSAS CITY,MISSOURI 84108-2896 NOV.: 11996 +'II REPLY TO October 28, 1996 �U ATTENTION OF: ' ' Eastern Project Section (93-00701) Robert W. Kelsick, P.E. City of Jefferson, Missouri Department of Public Works Engineering Design Supervisor 320 East McCarty Street Jefferson City, Missouri 65101 —' Dear Mr. Kelsick: This is in response to your October 10, 1996, letter —t regarding a time extension for Department of the Army permit J No. 93-00701. Your request has been reviewed and approved in accordance with Federal regulation 33 CFR 325.6. Your permit has been modified to extend time of expiration until December 31, I � 1997. If you do not agree that the new completion date is acceptable, you must notify the District Engineer within 10 days of the date of this letter or be legally bound by the terms and conditions thereof. We suggest that you attach this letter to your copy of the permit. Also, further time extensions for this permit will not likely be granted. If you have any questions concerning this matter, please feel free to write me or to call Mark D. Frazier at 816-426-2118 (FAX 816-426-2321) . �] Sincerely J j --� Robert E. Morris j J Colonel, Corps of Engineers ;I District Engineer By: Lawrence M. Cavin Chief, Regulatory Branch Construction-Operations Division td ---------- ..__ �_�...�.J t.v_- ti_�. �/ • _. _ _ �---rte -_�/� __l._.._.__�_ .•_-_il �-. �-. i r ' ��•� � � OWE j DEPARTMENT OF THE ARMY I `1 a� KANSAS CITY DISTRICT.CORPS OF ENGINEERS nIAI � 1 l I��4 700 FEDERAL BUILDING JUN KANSAS CITY.MISSOURI 64106.2896 I w:....r May 31, 1994 RQPLY TO ..,J ATT[NTION OF. Project Evaluation Section (93-00701) Martin A. Brose, P.E. j Director of Public Works _i City of Jefferson 320 East McCarty Steet -� Jefferson City, Missouri 65101 Dear Mr. Brose: Permit No. 93-00701 has been executed. One copy is enclosed for your records and one copy has been retained for our files. Also, an ENG Form 4336, Notice of Authorization, is enclosed and should be conspicuously displayed at the ate of work., When yo - are ready to begin work, it s necessary that you cc tacfour �e�ferson City Project Office by writing to M b-Mp� U.S. -I Army o Engineers, Jefferson i y roject Office, 631 West Main, Jefferson City, Missouri 65101, or by calling 314-634-2248. Sincerely, ra M. D ewett } Chief, Regulatory Branch Operations Division Enclosures `j Copies Furnished: J `- Environmental Protection Agency, Wetlands Protection Section w/enclosures U.S. Fish and Wildlife Service, /^ Columbia, Missouri w/enclosures Missouri Department of Natural Resources w/enclosures Missouri Department of Conservation w/enclosures I y. "� °svaz'.,ia..'.tl'm�:...,.r.;.,::�„n�.,,.rn...�..,•..,..... ... , r.,,r,....»_... ...................._..__—.... ... ... .»._._......... " ......... ..__...__.__.. .. , � a `.. i Y L i •,� d DEPARTMENT OF THE �Y PEMT Pacmltt.. City of Jefferson City, Missouri Permit I(o. 93-00701 I.auLng office U.S.-Army Engineer Aistri4t. Kansas Cit ` NOTE: She torn "you" and Its derivatives, as used In this permit, means the permittes or any future transferee. She 1 ' tarn "this office" refers to the appropriate district or division office of the Corps of Engineers having Jurisdiction over the permitted activity or the appropriate official of that office Acting under the authority of the co®anding Officer. You are authorised to perform Work In accord with the terms and conditions specified below, and with the plans and ! drawings attached bersto"blab are incorporated in and made a part of this potmit. Project Description: PROPOSED: The excavation, riverward of the ordinary high water mark -J of the Missouri River and Grays Creek, of approximately 400 linear feet of new channel for the realignment of an unnamed tributary through a concrete box culvert with a grouted riprap outfall structure approximately 10 feet long; the filling of approximately 200 linear feet of the existing unnamed tributary channel; and the placement of grouted riprap in the unnamed tributary associated with the installation � of a storm sewer system. I J Project Drswing(s): Location map, plan view and cross sections, Sheets 1 through 3 of 3, dated 20 April 1994. Project Location: Unnamed tributary of Grays Creek and Grays Creek, downstream of the Highway 179 bridge, Sections 27 and 34, Township 45 north, Range 12 west, city of Jefferson City, Cole County, Missouri. ` . (Latitude: 38e-36'-48"N - Longitude: 921-13'-24"W) . _J Permit Conditions: General Conditions. 1. She time limit for completing the work authorised ands an December 31. 1996. If You find that you need more time to complete the authorized activity. submit your request for a time extension to this office for consideration i at lust one month before the above date is ruched. 2. You must maintain the activity authorized by this permit in conformance with the terms and condltloae of this Permit- You ate net reliwed of thla requirement ii you abandon the permitted activity, although you may make a good faith J transfer w a third party is compliance with General Condition below. Should you wish to awe to maintain the authorised activity or should you desire to abandon it without a good faith transfer, you must obtain•modification of _) this permit from thin office, which may require restoration Of the Area. J g. If you discover any previously uakao"a historic or armhwlogleal remains while AcCOmpLi.hing the activity authorized by this permit, you must immodiately notify this office of what You bsve found, we"111 initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or SL e site is eligible for listing is �••! the Natiocal Register of Historic Places. E1:i FM 1721. Now 56 EDITION OF SEP 82 IS OBSOL (»CM 325 (Appendix A)) ETE II A 1 4. It you sell the property associated with this permit, you oust obtain the signature of the new owner in the space ' avided and forward s copy of the permit'to this office to vaLidate the transfer of this autborization. S, If a conditioned water quality certification bas been issued for your project, you exist comply with the conditions specified in the eertifloation as special conditions to this permit. For your convenience, a copy of the esrtifLeation 1 is attached if it contains such conditions. _.J 6. You must allow representatives from this office to inspect the authorized activity at any time doomed necessary to ensure that it is being or has been accomplished in accordance with the Lama and conditions of your permit. Special Conditions: see continuation sheet, page 4, of this document. i. • i Further Information: I 1. Congressional Authorities, You have been authorized to undertake the activity described above pursuant to: J (X) Section 30 of the Rivers and Sarbora Act of 1899 (33 U.S.C. 403). , (X) Section 404 of the Clean Hater Act (33 U.S.C. 1344)• JJJ ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. JI a. This permit does not obviate the need to obtain other Federal, state, or local authorization required by law. I b. This permit does not grant any property rights or exclusive privileges. o. This permit does not authorize any injury to the property or rights of others. r d. This permit does not authorize interference with any existing or proposed Federal project, 3. Limits of Federal Liability. In issuing this pewit, the Federal Government done not assume any liability for the F following: n. Damages to the permitted project or uses thereof as a result of other paitted or unpermitted activities or from nat m ural causes, F b. Damages to the permitted project or uses thereof as ■ result of current or future activities undertaken by or on ' behalf of the United States in the public interest. J o. Damage to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or const"ation deficiencies associated with the permitted work. .. w+.'°9W4:,ACri�'S> 'C�•::.Kit;4.)rA�u;L:.Y1awn::w<J<r. x•..•..............-......«»...._...,_.....-.....__•_.._..............................•.....�.......�..... .. .... Cp. e. Damage claims associated with any future modification, suspension, or revocation of this permit. - 6. Reliance an Applicant's Data: The determination of this office that issuance of this permit is not contrary to the I•, . public Interest was suds in reliance on the information you provided. 3. Reevaluation of Permit Decision, This office may reevaluate its decision on this permit at any time the circumstances watrant. Circumstances that could require a reevaluation include, but are not l.imitod to, the following: I ■. You fail to comply with the terms and conditions of this permit. b. She information provided by you in support of your permit application proves to have been false. Incomplete, or ! inaccurate (See 4 above). o. Significant new information surfaces which this office did not consider in reaching the original public interest _ decision. . I _I Such a reevaluation may result in a determination that It is appropriate to use the suspension, modification, and revocation procedures contained in 33 M 325.7 or enforcement procedures such as those contained in 33 CPR 326.4 and 326.5. Tho referenced enforcement procedures provide for the issuance of an administrative order requiring you to j comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will I be required to pay for any corrective measures ordered by this office, and If you fail to comply with such directive, ---i this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by Jcontract or otherwise and bill you for the cost, 6. Lrtanaions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. j ` Your signature below, as permitted, indicates that you accept and was to comply with the terms and conditions of this permit. .. ' • (PE ITT E) (DATE) (; This permit becomes effective wben the Federal official, designated to act for the Secretary of the Army, ban signed 1 below. .J MAY S 1 1994 } (DISTRICT INEER) (DATE) J RICHARD H. GORING BY: M. D. JEWETT Chief, Regulatory Branch j When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(*) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) "12 I � 3 � r ""1 s Special Conditions: j A. If any part of the authorized work is performed by a contractor, before startin g f work you must discuss the terms and conditions of this permit with the contractor; and, you must give a copy of this entire permit to the contractor. b. You must use clean, uncontaminated materials for fill in order to minimize excessive turbidity by leaching of fines, as well as to preclude the entrance of deleterious and/or toxic materials into the waters of the United States by natural runoff or by leaching. c. You must dispose of excess concrete and wash water from concrete trucks and other concrete mixing equipment in a nonwetland area above the ordinary high water mark and at a location where the concrete and wash water cannot enter the water body or an i adjacent wetland area. Jj d• You must excavate, dredge and/or fill in the watercourse in a manner that will — i minimize increases in suspended solids and turbidity which may degrade water quality _ and damage aquatic life outside the immediate area of operation. e. You must immediately remove and properly dispose of all debris during every phase of the project in order to prevent the accumulation of unsightly, deleterious and/or toxic materials in or near the water body. f. You must not dispose of any construction debris or waste materials, including -7 demolition rubble from the old Boonville Road bridge, below the ordinary high water � -"1 mark of any water body, in a wetland area, or at any location where the materials could be introduced into the water body or an adjacent wetland as a result of runoff, flooding, wind, or other natural forces. i j J g. You must store all construction materials, equipment, and/or petroleum products, i when not in use, above anticipated high water levels. j J h. You must restrict the clearing of timber and other vegetation to the absolute minimum required to accomplish the work. JI. Upon completion of earthwork operations, you must seed, replant or otherwise protect from erosion all fills in the water or on shore, and other areas on shore disturbed during construction. If seeding does not successfully vegetate the ! disturbed areas by the end of the first growing season, you must implement alternate measures, such as placing riprap, slope terracing with untreated railroad ties, gabions or concrete blocks, or additional vegetative plantings, to protect the "j disturbed areas from further erosion. You must contact the Kansas City District, J Regulatory Branch prior to beginning work on any additional erosion control measures so that a determination can be made whether further authorization is required. j. You must preserve, to the extent possible, the trees on the bank of the unnamed tributary and Grays Creek. In addition, you must not borrow for fill material, other than that for the excavation of the new channel, in the area bounded by the unnamed tributary, the new tributary channel, Grays Creek and the new alignment of Boonville Road. 4 Kai..'J,..2. •t.-.. .. ��I c ,ri.l.n. 'v p � • ` + r I ,� " v wl ' ` t r — it `•\\�\�� +'Sr• �j..c�.�.� `•. '.. ;..: '•.'�. ,�! _,_.SITE~ `' ��•,•`+ �'�'`- -` it al1. _ �.��-ice./.`c•C:-'•'C�y�^_s � ...' JEFFERSON 7Y I • •'�Ilr '.: � �•I' '1 T .�p�4:! •l. \ �:. r lyar I ' -t•i \, ':�'i�w:• Vii-- ri' ..a•/ ,.�J ... !' !r�i'1�. _ r.f •/.•('� 'J 1 w,=/� �'a•.-:7'• `:IO J�.s%M .••� � '.d.. '\�•''•ri! �1.4a��.,•¢"'/11�•.i •..v.t�Y~��.1'•':`� -'1 i0 I.�.�r.—� •�r`•� �• r;;;�;y,..�fa A. ff }fti::. .1� Z,• yl' •m:Y'i =/./^' l ' J 1' • � ••M1 , 'n s' • 1 r fns i -1J _ _ �_;._� I `�-•.,. r�i/ , I .,p:/:.. root, .it-'�; •\..-�� '' '-1 — s�' �°L:�`•'. 'I• r _ .•fir •'j.•.. —•�: .,.._. • `.t. ��'� .. i.R' '�••fi:a '•`7 , .":—•-.^•,, °::";x•= `'�— •:o •I�' RIVER .. LOCATION MAP ! SECTION 27 & 34, T45N, R1214 JADJACENT PROPERTY 01-1-ERS: APPLICATION NO. 93-00701 S & S Development Company BY CITY OF JEFFERSON CITY, MISSOURI _.� Cole County Group Home FOR BOX CULVERT & CHANNEL REALIGiZlEIT J TRIBUTARY TO GRAYS CREEK COLE COUNTY, MISSOURI 'j SHEET 1 of 3 DATED 4/20/94 J • J 02 01 Ru z �O a L) Cn; _ t�N ON i u� ��� cm 1 t f7 OZ •r � ,�,� N H ✓,n, G' G N f r 1 r .� �,��'.�:..:M.W.,_...__rv..... .,.,..,..,. .. .,, .....,-.._.,.. .........,,_. .._ .�.............. ...._ ...... -,,- .. .- ... ..ryas �r s - .• t„ 1, i i q i � o� N � U • � �ti� .,chi H N <aac8�A C Co ' I H �i q � I y i v t 1 i HE=3 I f ! ° f i O C S5 °�U '� O H o ' 'l t , STATE OF MISSOURI �i,•it,�i,.�.c,,,'m:tt•n.,t,i.,apt,i�r,•,,:, pEPARTMENT OF NATURAL RESOURCES DIVISION OF ENVIRONMENTAL QUALITY P.O. Box 1?6 Jefferson City.MO 65102-0176 May 5, 1994 Martin A. B rose, P.E. Cole County t _ PN93-00?Ol Director of Public Works t City of Jefferson 320 E. McCarty St. Jefferson City, MO 65101 _I Dear Mr. Brose: JThe Department of Natural Resources, Water Pollution Control Program, has reviewed the request for water quality certification for the revised proposed `` construction of a double concrete box culvert in uplands and excavation of 1 approximately 400 feet of new creek channel to reroute flow of an unnamed creek through the culvert and into Grays Creek. Approximately 1,100 cubic yards of the existing creek channel as a fill would be placed in approximately 20a0 feet one of half of a small farm pond would be block and as road fill. Also, app Y filled for the road realignment. The applicant also proposes to excavate `--�' approximately 21,400 cubic yards of soil for road fill from an area approximately 250-feet-long by 180-feet-wide, located between the proposed new channel, the existing channel and Grays Creek, including the creek banks. These excavation and fill activities would occur riverward of the ordinary high water mark (OHWM) -, of the Missouri River, elevation 540.9 feet at the mouth of Grays Creek (river mile ,i 145.5), National Geodetic Vertical Datum. The existing Boonville Road bridge ever Grays Creek would be removed. The stated purpose of the project is to realign the Boonville Road to reduce curves and avoid constructing a new bridge over Grays Creek. This project is located on an unnamed tributary of Grays Creek and downstream of the Highway 179 bridge, Section 27 and 34, Township 45 north, Range 12 west, City of Jefferson, Cole County, Missouri. J apparent will not cause the This office certifies that the proposed activity app Y general or numeric criteria to be exceeded nor impair beneficial uses established in Water Quality Standards, 10 CSR 20-7.031 provided the following conditions are met: Enclosed is a copy of the Missouri Clean Water Commission's Channel Modification Guidelines which must be followed for any projects such as this. The project must particularly adhere to requirement 7.E: "Channel banks shall be constructed with a 3 to 1 horizontal to vertical slope and should be stabilized by permanent vegetation.. Variations from the Guidelines•must be approved prior to construction. i • MC•W�IWI •. , �.�:.. { a Mr. Martin A. Brose, P•E. Page May 5, 1994 2• Best Management Practices must be imp lemented during the construction hase of this project in order to limit the amount nd Grays Creek and — sedimentation into the unnamed tributary There must be 50 feet of vegetated buffer area osed channels and Grays hB 3. a resent and prop borrow area and both th p t Creeks. Excavation shall occur during low river stage in the Missouri River and low 4• Creek tributary flow in the Gray s acts on waters are 5• portion s of the new channel that form the present banks of Channel construction shall be staged such that imp minimized. The p Grays Creek and its tributary channe alignment from the downstream end firsts b in released into the new _ order to avoid excess turbidity in Grays Creek. vated material that is not used for the project must be removed } _1 g• Exca land, non-wetland site immediately to an up lace to the extent ! Present vege 7 tation must remain undisturbed and in p practical• J . practical. Disturbed areas must be stabilized as ternollution control g, Any land disturbance activities may require a water P regard, please contact the Department Natural Resources, Water Pollution Control Program 314) 526-299 29. permit• In this Quality Standards must be met during the operation. If compliance with J Water Q y Standards is not maintained, the Corps of Engineers will be notified Quality j Water Q i and the certification may be withdrawn. _J issued under Section 401 of Public Law 95-217, The ! 'Phis certification is being Clean Water Act of 1977. Sincerely, WATER POLLUTIO CONTROL PROGRAM { Edwin D. Knight Director EDK:the t Enclosure I I. r y Engineers Regional Office t c: ,,dark Frazier, of Natural Resources,tJeffersonf City `,,-� Department � 3 t 7). The Missouri Clean Water Commission Channel Modification Guidelines � � I � J � 1 � 1 z "j MISSOURI DEPARTMENT OF NATURAL RESOURCES Water Pollution Control Program tti + X, r. S .r��''�«rxr.�:awlvrt4:fi.a'iini.r7s^-�.Fsx�i:e Xeuacxr.:�'ew� :......,..,.•.•,,..+,,,,.n.,,... ....•....,,...,...-•.•........... ...................._.•_.. __ .. -- '' ----+..i• ' . 3 � 1 t �} ✓}, �4 its `2 3 r • I , f March, 1981 MISSOURI CLEAN WATER COMMISSION -� CHANNEL MODIFICATION GUIDELINES The Clean Water Commission and the Department of Natural Resources recognize that stream channelization can have an adverse effect on water quality. Channelization can result in an increase in stream bank erosion and erosion in upstream reaches and tributaries. Channelization causes turbidity, ! changes in water color, sediment deposition, changes of water ! temperature, changes of dissolved oxygen concentration, i - reduction of habitat for aquatic life, and loss of wetland. In Missouri, more than 2,200 stream miles have been lost to ! -' channelization. The Clean Water Commission and its staff will review channel �i modification projects for conformity with the following guide- lines prior to issuing Section 401 Water Quality Certification -� or making other water quality determinations. Section 401 i Water Quality Certification is required for Section 404 permits for placement of dredged or fill material as provided under the I Clean Water Act (Public Law 95-217) . JWhen channel modification is necessary, proper planning to minimize damages to water quality must be utilized. Persons considering any channel modification should address the following alternatives in order to select the most environmentally favorable solution practicable for the particular situation. It is recommended that the alternatives be addressed in an engineering or hydrologic report. The alternatives are listed in ascending order of effects to stream bed and bank stability, water quality, velocity of flow, and the designated uses of the stream. Other professionally developed channel modification ! -+ alternatives which minimize the effects on water quality will be considered if submitted as part of the engineering or � z hydrologic report. 1. Riprapping and Other Bank Protection Measures - Riprapping -� is the placement of irregular permanent material, such as dock, in critical areas along a watercourse to minimize further bank erosion. Other measures may include use of rock hardpoints, jetties, bankline revetments, pilings, and i 'j similar structures. J ! 2. Selective Snagging - Selective removal of obstructions from the channel and stream banks to increase the hydraulic capacity of the stream. " 3. Clearing and Snagging - The removal of obstructions from the channel and stream banks, including vegetation, to increase EM the stream's hydraulic capacity. milli R F r i 11 f � � 1 , 4. Widening - Enlarging the cross-sectional dimensions of a channel to restore or increase its hydraulic capacity. Widening may involve clearing and snagging. J A. Widening hould be g performed on one side only, where practicable. i B. Widening should not directly effect the bottom of the existing channel. C. Widening should maintain the course of natural stream ' meanders. h D. Erodible banks should be stabilized with permanent vegetation or riprap to prevent erosion. 5. Deepening - Increasing the depth of a limited area of a j channel to increase its hydraulic capacity and improve drainage. Deepening frequently involves clearing and snagging, J J 6. By-pass Channel Development - Excavation of a supplemental i channel to carry excess flows, f A. The by-pass channel should carry flow only during periods of high flow and should be stabilized by using riprap or permanent vegetation in order to prevent erosion. B. Stream flows should be maintained in the old channel during normal flow conditions. I --J - J C. The structure allowing the divergence of excess flows to the by-pass channel should be maintained. t,' J D. Grade stabilization structures or other methods should be employed to reduce the impact of gradient changes. J 7. Channel Realignment - Construction of a new channel to ' restore or increase the capacity of the stream to carry water; this may include the substantial modification of the existing channel. A. The engineering or hydrologic report should demonstrate that the minimum amount of stream channel will be lrealigned to accomplish the intended purpose of the project. i B. The cross-sectional area of the new channel should be j equal to or greater than the cross-sectional area of the j old channel which it replaces or the engineering or hydrologic report should demonstrate that a smaller cross-sectional area will provide adequate carrying .� capacity for expected high flows. -a- 5 ' i 4 • t l T C. Generally, the cross-sectional area of the new channel should be constant for each design reach. On large channel realignment projects, the engineering study 1 should address channel dimensions to demonstrate that velocities at bank-full will not create unstable conditions. D. Any bends in the new channel should be. constructed so that the radius of the bends, as measured from the center of the channel, is equal to or greater than ten times the width of the channel at bank-top. i E. Channel banks should be constructed with a 3 to 1 i horizontal to vertical slope and should be stabilized by using riprap or permanent vegetation. The use of steeper channel bank slopes should be justified in the engineering or hydrologic report. F. Grade stabilization structures or other methods should be employed to reduce the impact of gradient changes. A stream, its channel configuration, and its adjacent floodplain, including wetlands and riparian vegetation, are interrelated portions of a dynamic ecosystem which constitute a valuable Jnatural resource. Water quality is an integral part of this ecosystem. The antidegradation policy requires that Existing instream water uses be maintained and protected. No further water quality degradation which would interfere with or become injurious to existing instream water uses is allowable " (10 CSR 20-7.031 Missouri Water Quality Standards) . In evaluating requests for 401 certifications for projects proposing stream modifications, the need to maintain a viable, naturally functioning ecosystem will be balanced with food and fiber, economic and other social needs. Channel modification projects 1 will be given especially careful review in designated high -J quality waters or in other areas with outstanding ecological I recreational or aesthetic value. Section 404 of the Clean Water Act exempts certain activities from the permit requirements. These include routine agricultural activities, construction or maintenance of farm or stock ponds and irrigation or drainage ditches,, and certain land or water transportation activities. Section 404 should be consulted for ithe list of specific exemptions. For additional information contact: Missouri Department of Natural Resources y Water Pollution Control Program P.O. Box 176, 205 Jefferson Street _ Jefferson City, Missouri 65102 Phone: 314-751-1300 Adopted March 19, 1931 -3- y � :THIS NOTICE OF AUTHORIZATION MUST BE CONSPICUOUSLY -,-^@PLAYED AT THE SITE OF WORK. " i ted States Army Corps of Engineers jA permit to excavate a new channel, including the construction of a concrete _;box culvert in the new channel, and to backfill part of 'an unnamed tributary I of Grays Creek to accommodate the relocation of the Boonville:' Road at an unnamed tributary of Grays Creek and the-Missouri River, downstream of _.. tFle Highway 179 bridge, Sections 27 and 34, Township 45 north, Range 12 west, city of Jefferson City, Cole County, Missouri, has been issued to City of Jefferson City, Missouri _j i Address of Permittee Department of Public Works John G. Christy Building, City Hall 320 East McCarty Street Jefferson City, MO 65101 Permit Number -, 93-00701 + District ommander I BY: M. D. J TT -� MAY 3 1 1994 Chief, Regulatory Branch J operations Division ENG Form 4336, Jul 81 i t I i F •w...�6n::. ,:::•�" su sa;cv4uir.:.w..,,Y,,.,<.,,,,..,.,.,.,w. ....,r.» .,.,. - r: i .r l " J rim AL—C-1 EEL- t �v ADDENDUM NO. 1 1 _ 1997 MAJOR MAINTENANCE PROJECT PROJECT NO. 33046 MARCH 19, 1997 The bidder will acknowledge receipt of this Addendum and his acceptance of its conditions by signing this Addendum and including it with his bid. BIDDER: J. C. industrie nc. l BY Tony Adrian TITLE: President � t tt: f • I f. CITY OF JEFFERSON, MISSOURI J MARTIN A.BROSE, P.E. DIRECTOR OF PUBLIC WORKS t a as - a :t e i a Jk A J t - ^.^.^^►sue V t i ft ( ! 3 I t fI t } ` 4 Y It f, k � � II ADDENDUM NO. 1 1997 MAJOR MAINTENANCE PROJECT MARCH 19, 1997 1. ALTERNATE A-PCC PAVEMENT-METRO DRIVE has been added to the bid form under the Metro Drive section. The following bid items are Included: ITEM 16.01 REDUCE 1-1/2"AC SURFACE(GRADE C) + ITEM 17.01 REDUCE 6-1/2"AC BASE ITEM 21.00 6"PCC PAVEMENT fi Be sure to submit the amended bid form when submitting your bid. i i I , , 7 ' J i t. { III � t I J , ' F , s Sit r � F l e. t 1 k I i t; i r.rYf I f r . (f i+n '•'.;w"E+k- , lti ky f 1 rw� ' 1 CITY OI'JEFFERSON PAGE 1 ITEMIZED BID CORM AMENDED 1997 MAJOR MAINTENANCE PROJECT PROJECT NO.33046 ! APPROX. UNIT NO, DESCRIPTION UNIT QUANTITY PRICE AMOUNT A-BOONVILLE ROAD BRIDGE DEMOLITION 1.00 BRIDGE DEMOLITION AND REMOVAL(SEE SPECIAL PROVISIONS) LS -• 2.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL LS --. TOTAL BID,BOONVILLE ROAD BRIDGE DEMOLITION B-TOMAHAWK DRIVE DRAINAGE IMPROVEMENTS 3.00 REMOVALS LS •-• 4.00 EXCAVATION AND GRADING LS ••• ••. _ 5.00 STORM DRAINAGE 5.10 V X 4'TYPE C INLET,W/O DEFLECTORS EA 1 5.20 8'X T TYPE A INLET,W/O DEFLECTORS EA 1 5.30 30"DIA.CSP,IN PLACE LF 50 5.40 30"DIAM.CSP END SECTION EA 1 5.50 GROUTED RIP-RAP AT CULVERTS SY 42 6.00 TYPE A CURB AND GUTTER LF 64 7.00 6"PCC BASE SY 14 _f 6.00 1.1/2"AC SURFACE(GRADE D) SY 14 9.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL LS ••• ••- I 10.00 SEEDING AND MULCHING AC .10 1 `' TOTAL BID,TOMAHAWK DRIVE DRAINAGE IMPROVEMENTS ai C-METRO DRIVE DRAINAGE IMPROVEMENTS 11.00 REMOVALS LS 12.00 EXCAVATION AND GRADING LS ••. •-- -� 13.00 15"CSP PIPE INLET WITH GRATE EA 2 J 14.00 TYPE A CURB AND GUTTER LF 148 _ 15.00 6"PCC COMMERCIAL DRIVE APPROACH SY 88 16.00 1.1/2"AC SURFACE(GRADE C) SY 185 -} 17.00 6.1/2"AC BASE SY 165 J 18.00 3"ROLLED STONE BASE SY 224 19.00 CONSTRUCTION SIGNING AND TRAFFIC CONTROL LS ,,,,20.00 SEEDING AND MULCHING AC .10 TOTAL BASE BID,METRO DRIVE DRAINAGE IMPROVEMENTS M1 J ' ' I 1 CITY OF JEFFERSON PAGE 2 ITEMIZED BID FORM AMENDED 1997 MAJOR MAINTENANCE PROJECT PROJECT NO.33046 TEM APPROX. 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PURCHASING DIVISION I SUBJECT:Bid 1682- 1997 Major Maintenance Project,Public Works„ Opened March 25, 1997 BIDS RECEIVED: J C Industries,Jefferson City, MO $ 49,655.45 i Twehous Excavating, Jefferson City,MO Don Schneiders, Jefferson City, MO $ 57,925.81$ 59,906.00 Columbia Curb&Gutter,Columbia,MO $ 109,370.08 Engineer's Estimate $ 64,165.00 FISCAL NOTE: Funds were approved in the 1996-1997 budget as listed below: 3500-9900-7350-3007 Neighborhood Storm Budgeted 1996-97 $433,929.00 Expended 55,348.00 Encumbered -0- Bid 1682 49,655.45 Balance $328,925.55 PAST PERFORMANCE: J C Industries of Jefferson City, Missouri has been awarded construction projects in the past and has completed the work satisfactorily. Staff feels they are capable of completing the work as bid. RECOMMENDATION: The Public Works Department recommends the acceptance of the Base Bid in the amount of$49,701.70 and Alternate A-Metro Drive,a deduction of$46.25 for a total amount of$49,655.45 as submitted by J C Industries of Jefferson City, Missouri. i ATTACHMENTS-SUPPORTING DOCUMENTATION i Tabulation of Bids I i; Signatur uxhasmg Agent DDirc+ p �or 4 i i I ti KKii N r > 8 a ° a z � N G G G G a of a ep M 2014 x vWC, I ass $ sss $ s $ $ s $ s $ $ $ ss j « « N " N N N Y y«« N g N N fl N x9 n. 5 o 8 $ 8 8 8 8 8 8 $ 8 8 8 8 8 8 $ 8 8 8 $ 8 $ 8 8 9mz 0 O U " x "m' L u « « "m « C x I a V Ci 8d m 8 $ $ 8 8 $ $ $ $ 8 $ o$ 8 8 8 _ M r j `� 12 « T Li u s U 8 8 8 s 8 8 8 8 8 8 $ 8 $ 8 8 8 8 8 8 8 8 8 8 $ 8 8 Vii.. i s t � � g s s a 9 s 9 8 o s s s s s N e a m m J m +�Z11 N O F N w w 13 « v i i 1 m QA . $ 8 $ $ $ 8 $ $ $ 8 8 $ $ $ $ 8 $ $ $ sas $ $ s 's $ ss 'sss 9 $ $ 899 $ $ $ $ s 88 $ sa A w i I I 13 tt I i i I m� tzg � - $ v $ $ �j 8 8 8 $ $ N $ $ $ 8 •88 $ 8 $ $ $ S $ $ $ 8 3 8 $ 8 8 8 8 8 $ $ 8 $ $ 8 m $ $ $ $ $ $ 8 F i t r � 4 s