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Home My Public Portal AboutORD12607 i BILL NO. 97-11 SPONSORED BY COUNCILMAN Haake r ORDINANCE NO. IoZGD 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR LONDON WAY (CDBG 96-ED-11) PROJECT. WHEREAS, Don Schnieders Excavating Company, Inc. has become the apparent lowest and best bidder on the London Way(CDBG 96-ED-11) Project project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,AS FOLLOWS: Section 1. The bid of Don Schnieders Excavating Company, Inc. is declared to be the lowest and best bid and is hereby accepted. 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. Passed: Approved: N� Presiding Officer Mayor ATTEST: APPROVED AS TO FO M: City Clerk C ity Cou A i for t f � 3 . .[cnc[rf"r x 7sNT:;tFS;f[rM„:r:LSxk't�' .ivt=.i:rA.r t-,::.r+.f ..+...n,n ,•.,,«..... ..—.«...�.. _,.. _ .- --"+e..e, ^.c 1 1 111 J' L I CERTIFICATE OF LIABILITY INSURANCk ID CH DATE (MMroonv) PRODUCER ONSC-1 10/10/97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Winter-Dent & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE VBox 1046 ALTER THE COVERAGE AFFORDED YTTHE POLICIES EBE OW, erson City MO 65102-1046 COMPANIES AFFORDING COVERAGE__ COMPANY Phone No. 573-634-2122 FaKNo 573-636••7500 A Continental Western Insurance INSURED COMPANY B MO Employers Mutual Ins. Co. Don Schnieders Excavating COMPANY INSURANCE R!1!E:MD Company, Inc. C 1307 Fairgrounds Road COMPANY B —_ Jefferson Cit Mn 65109 D Y• COVERAGES �y�¢�� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSLE[SF!• INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T TYPE OF INSURANCE POLICY EFFECTIVE POLICY E%PIRATION LTR POLICY NUMBER DATE(MMIDDIYV) DATE(MM/DDTYY) LIMITS GENERAL LIABILITY BODILY INJURY OCC $ I A X COMPREHENSIVE FORM 9NA31-20 10/10/97 10/10/98 BODILY INJURY AGO S PREMISESIOPERATIONS UNDERGROUND PROPERTY DAMAGEOCC $ EXPLOSION&COLLAPSE HAZARD PROPERTY DAMAGE AGO S PRODUCTS/COMPLETED OPER CONTRACTUAL BI&PD COMBINED OCC 51,000,000, INDEPENDENT CONTRACTORS BI&PD COMBINED AGO $2,000,000• BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AGO $ PERSONAL INJURY AUTOMOBILE LIABILITY ANY AUTO 9NA31-21 BODILY INJURY Pass) 5 10/10/97 10/10/98 (Per person) •�� ALL OWNED AUTOS(Private Pa ) ALL OWNED AUTOS (Other than Private Passenger) BODILY INJURY X HIREDAUTOS (Per accident) 5 ., X NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY • OODILV INJURY& PROPERTYDAMAGE $1,000,000. COMBINED X EXCESS UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000• A X TN UM 9NA31-22 10/10/97 10/10/98 AGGREGATE OTHER THAN UMBRELLA FORM 5 1,000,000. WORKERS COMPENSATION AND $ EMPLOYERS'LIABILIIY X TORYLSMITS OER _ B EL EACH ACCIDENT THE PROPRIETOR/ S 1,000,000. PARTNERBIE%ECUTIVE X INCI• 9NA31-10 10/10/97 1Q/1Q/q8 Fi.nISEASE"POLICY I,IMR $1,000,000. OFFICERS ARE: F,:CL EL DISEASE•EA EMPLOYEE $1 000 000, OTHER ' A Leased or rented 9NA31-50 10/10/97 10/10/98 $200,000. Limit $500. Ded DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLESISPECIAL ITEMS PROJECT: LONDON WAY (CDBG 96-ED-11) PROJECT NO. 10002 CERTIFICATE HOLDER CANCELLATION JEFFEI3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1 EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Of Jefferson BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 320 East McCarty Street OF ANY KIND UPON THE COMPANY.ITS AGENTS OR REPRESENTATIVES. Jefferson City MO 65101 AUTHORIZED RESENTATIV ACORD 26•N(1/86) �/•�,.c_l ;-'•�%�'I`�-`•�-...,� CACORD CORPORATION 1888 f t ' A a , . v. STATE OF MISSOURI COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACT AMENDMENT/REQUEST# 1 Grantee Name c'--'t4, �f 1Pf fare - Project Number J 96-RD-11 " + 320 E. McCarty Street, Jefferson city,� I MO Street or Box Number City State Zip I Date of Request 11/14/97 Contract Award DatcO 3 /1 Q/-9 7 NOTE:IN THE FOLLOWING,ENTER EACH CDBG LINE ITEM,WHETHER CHANGED OR NOT. ENTER ONLY CDBG LINE ITEMS ACTIVITY Existing Budget ! No. Title Budget Reouest C_han FnginpPrin g— '3n 40,000. 28,000. -42% i 13 Street 460,000. 472,000. + 3$ ` Totals 500,000. 500,000. V� Explanation of Request: Cost of Engineering was less than anticipated. �. F . This amendment shall be effective on 02 19 All other terms and conditions of the contract,or any amendments thereto,shall remain unchanged. IN WITNESS WHEREOF,the parties hereto execute this agreement. Citv of Jeff r c n COMMUNITY AND ECONOMIC DEVELOPMENT City/Count,s Name i Duane Schreimann Typed Authorized Signature Dianna P.Moore,Director Authorized Signature Date Mayor Title November 14 , 1997 Date INSTRUCTIONS:SUBMIT THREE 3 ORIGINALLY-SIGNED COPIES TO DED \ � ( ) 1 / "WO)Revised 6/5/95 ! N!7 �6; N L'rl 'r r D L, J , By _ MISSOURI '� •� DEPARTMENTOP ECONOMIC DEVROPMENT Mel Carnahan Joseph 1..Driskill Governor COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Director Community Programs Dianna 11.Moore 301 W.Iligh Street Director 11.0.[lox 118 Jefferson City,MO 65102 573/7514146 573/5264157(FAX) January 8, 1998 F The Honorable Duane Schreimann Mayor,City of Jefferson City 320 E. McCarty Street Jefferson City, MO 65101 RE: Project#96-ED-11 (City of Jefferson City) Dear Mayor Schreimann: f Enclosed is your copy of the approved contract amendment for the project referenced above. This process is now complete. We hope this amendment has been instrumental in allowing you to better serve your community development needs. If you have any questions on this matter,please contact me at 573/751-4146. I I Sincerely, Allen D.Kunkel Field Services Coordinator ADK:skf � Enclosure lwols; , F 1 7 71, E � t Piz tt�v/.v}'X�,Y.rVr 1Rr ^:,. ,;;oi� ..:f v`a`•t,'Lj'• d' n. Vii' .o- 7. .1 ,pt'!;•,Ft. v ..�. "vS. ti ':.F' v.t I s v FrI 'I.f i, .l {;4 i{{ Sii .t.'. inr71h2'•..i:3 �.•«t.,J .rt�fi`2i'rftcF A a r ✓ + d d '.l,}�f L ,y##�f t 6�t(D .« •`rSP N'{}•,tf I't � .,.-( xv L FtAi ,�� s p,' :aF• i• p�StY`"av�`'f +at":� x `ri jY ire K13�1 a'e t ;".+ �'' •7 { �! s/a -S,r.+-'fy. yx fi * }t. r7 @�� 4�'a rYr'*t,•`t- t !6 S+ �r V k� t�- $'' E J Rx yw r ,.r �,.nsif l F�V•n�";}��;;�t�`�+�.,.',�ty VIM sdy�{tr?ar,"r'^ �", ,r' �TJu''�1 !",ei• ': x. 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The effective date of this notice shall be Monday,May 5, 1997. The finish date for this contract is on or before August 15, 1997. Enclosed for your records, please find a fully executed copy of the contract between your company and the City of Jefferson for the above referenced project. �a Also,please find enclosed for your use and the use of your subcontractors(if any)for the purchase of materials to be utilized on the above referenced project the following documents: 1. Missouri Project Exemption Certificate 2. A copy of the City's Missouri Tax Exemption Letter In using these documents to purchase materials, please read and follow the appropriate "instruction"as included at the bottom of the Missouri Project Exemption Certificate. If there are any questions,please advise. i Sincerely, In4L%ramer, PE Engineering Division Director JLK:als Enclosures n c: Jack Kramer Central File Bob Kelsick Mike Papen City Clerk Brian McMillian 0. ol j : 1 _ y }.. , ... .i WON=% i :........ .. I SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 10002 LONDON WAY(CDBG 96-ED-11) - J `��Q' OF �S;•.✓�''� , TIN , i J HO NY BROSE "', ` NUMBER f 4 E•175��J��: � k �. ...•• iESSi�\\`\ F � � + Jefferson City Department of Public Works April,1997 r 1 � � Yl 4 � j i 1 • .'4a �.: ', ..t�+•.c°u+adt�iRLi.`�ti�!.�."�3.!�iCi�i'7"i�.ti:rlkfi2 rr S)nnarxw„vnw.e.:......._........_.... .._ ..� { i . f � ,r Y f 'q 4 . i { f TABLE OF CONTENTS Advertisement for Bids Notice to Bidders • Information for Bidders • Bid Form i Bid Bond' Anti-Collusion Statement' Contractor's Affidavit' �. • Minority Business Enterprise Statement Statement of Minority Business Utilization Commitment' • Certification of Bidder Regarding Equal Employment Opportunity' • Certification of Bidder Regarding Section 3 and Segregated Facilities' • CDBG PROGRAM - Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements • BIDDER-Section 3 Plan Format' • Certification of Subcontractor Regarding Equal Employment Opportunity Certification of Subcontractor Regarding Section 3 and Segregated Facilities CDBG PROGRAM-Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements Affidavit of Compliance with Prevailing Wage Law Prevailing Wage Determinations i a)Annual Wage Order No.3,Section 026,Cole County i b)General Decision M0970001 (03/14/97) ! 1 Affidavit of Compliance Public Works Contracts Law f, t Excessive Unemployment Exception Certification • Construction Contract • Certificate of Owner's Attorney • Performance,Payment,and Guarantee Bond • General Provisions • Special Provisions Attachments J a) Community Development Block Grant"GENERAL CONDITIONS" b) U.S.Department of Housing and Urban Development "SUPPLEMENTAL GENERAL • CONDITIONS" I Addendums(If Any) r ('INDICATES THIS ITEM INCLUDED IN BiD PACKET FOR SUBMISSION OF BID) r a r. c t i f: l .] ,•�� .?h.•rFiY,NB:ILCLLVS'Lt bwwriac...w,---......-. «,..—.�..,...'..... _ ....�.�.,_........,«. .«,«�... « ' 1 Of COY ofJefferson , r s Duane Sehreimann Mayor ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the PurchasingI . . Jefferson City, Missouri 65101, until 10:00 A.M.,on Wednesday,April 16, 997 McCarty etbids will be opened and read aloud in the Council Chambers at 10:00 A.M. on that same day. f The proposed work for the project entitled "London Way (CDBG 96-ED-11), Project No. ^' 10002"will include clearing, g grubbing,grading,compacted embankments, paving, installation of sanitary sewers, storm sewers, and other necessary appurtenances, and seeding and mulching for the construction of approximately 2000 lineal feei of new roadway. ^�! A prebld conference will be held at 1:30 P.M.on Wednesday,April,9, 1997 in the lower level conference room of City Hall,320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the °! Director of Public Works,320 East McCarty Street,Jefferson City, Missouri. A non-refundable i 1 deposit of Fifty ($50.00) Dollars will be required for each set of plans and specifications. Individual full size sheets of plans may be obtained for Three Dollars($3.00)per sheet. Each bidder must deposit with his bid, security in the amount, form and subject to the conditions provided in the Information to Bidders. Attention of bidders is particularly called to the requirements as to the conditions of t employment to be observed and minimum wages to be paid under the contract;Section 3 of the Housing and Urban Development Act of 1968,as amended;Segregated Facilities;Section i 109,Title I of the Housing Act of 1974;and Executive Order 11246. i 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. No bidder may withdraw his bid within thirty(30)days after the actual date of opening thereof. ITY OF JE FERSON I f James Hartley Purchasing Agent Publish 03/31/97, 04/06/97, 04/13/97 i NEW NOTICE TO BIDDERS - Sealed bids will be received at the office of the Purchasing Agent,320 East McCarty Street, Jefferson City, Missouri 65101,until 10:00 A•M.,on Wednesday,April 16,1997. The bids will be opened and read aloud in the Council Chambers at 10:00 A.M. on that same day. The proposed work for the project entitled "London Way (CDBG 96-ED-11), Project No. 10002"will include clearing,grubbing,grading,compacted embankments, paving, installation of sanitary sewers, storm sewers, and other necessary appurtenances, and seeding and mulching for the construction of approximately 2000 lineal feet of new roadway. level conference room will of City Hall,320 E.McCarty Street,Jefferson City, MO 65101 All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications,and contract documents on file with the Director of Public Works,Jefferson City, Missouri. r,l 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 ,Qa deposit of Fifty($50.00)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. ularly called to the requirements as to the conditions of Attention of bidders is partic employment to be observed and minimum wages to be paid under the contract;Section 3 of R the Housing and Urban Development Act of 1968,as amended;Segregated Facilities;Section 109,Title I of the Housing Act of 1974;and Executive Order 11246. 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. A certified ceecent of the total amount ok on a solvent bank or a bid mu mount equal st accompany each proposal. to five(5)p A one-year Performance and Guarantee Bond is required. I 1 . all bids and to waive informalities therein to reserves the right to reject any or a The owner 9 determine which is the lowest and best bid and to approve the bond. �J No bidder may withdraw his bid within thirty(30)days after the actual date of opening thereof. "j CITY OF JEFFERSON,MISSOURI Martin A.Grose,PE Director of Public Works r. I A l y . I INFORMATION FOR BIDDERS I13-1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all technical personnel, labor, materials, and equipment required to perform the project entitled "Project No.10002,LONDON WAY(CDBG 96-ED-11)"in accordance with the plans and specifications on file with the Department of Public Works. The proposed work for this project will include clearing, grubbing, grading, compacted embanlrments,paving,installation of sanitary sewers, storm sewers, and other necessary appurtenances, and seeding and mulching for the construction of approximately 2000 lineal feet of new roadway. I13-2 INSPECTION OF PLANS,S SPECIFICATIONS,AND SITE OF WORK ^� The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications, supplemental specifications, special provisions, and contract a documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all material and labor necessary to carry out the provisions of the contract. I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. I19-4 QUALIFlCATIONS OF BIDDERS f The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of . such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. .e 1 j A 1.: Ii IB-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design, subject to the approval of the City. I _! IB-6 BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be i 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 i ± required within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. " I13-7 PREPARATION OF BIDS Bid must be made upon prescribed forms attached (See"IB-31 Bid Packet") in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the itenis 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. I IB-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for .-I the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the `N) purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. iz y: + J . i d All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales taxes might lawfully be assessed against the City are 1 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 for those items shall Include the cost of such taxes. �I 1 1 B.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 w+ 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 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete ` in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "PROJECT NO. 10002, LONDON WAY,(CDBG 96-ED-11)". (See I13-31) IB-12 ALTERNATE BIDS In making the award,if alternate bids have been requested,the alternate bid which will be in the best interest of the City will be used. IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the x.11 opening,without prejudice to himself. No bidder may withdraw his bid for a period of thirty(30)days after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. E A-MI,LIZ t J Yap J -y f, IB-14 RIGHT TO REJECT 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 1 of the City of Jefferson. �j IB-15 AWARD OF-CONTRACT ` If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided,the bidder or ,.� bidders shall be deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND e:J 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. r-! 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 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney ' fees and other expense caused by any act or omission of the Contractor and/or his �-� subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER J 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. :1 IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. I IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or determined by the Department of type borf and Industrial required of execute contract as to Sections 290.210 through 290.340 inclusive of the Revised Statutes uOf Missouri, 1959 and as last amended in 1993; and as determined by the U.S. Department of _ Labor. (See Wage Determinations included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship In 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 �j 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 r- 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 J from the date of installation thereof. If within ten days after the City abnormality of the work, the Contractor h eglectstoo make,corou dertakefwithedue diligence to make,the necessary repairs or adjustments,the City is hereby authorized 1 to make the repairs or adjustments itself or order the work to be done by a third party, J the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTI�O PROCEED f. A written notice to begin construction work will be iv ! of Jefferson within ten (10) days after the Contract is approved by the City Council. p. The time for completion of the project shall begin to run on the date established in this notice. NEW— I II, �l IB-23 WORK SCHEDULE To Insure that the work will proceed continuously through the succeeding operations J to its completion with the least possible interference to traffic and inconvenience to the public,the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME contract time shall commence on or before y , The c bf May 5 1997 and terminate on I i August 15, 1997 (approximately 103 calendar days). f IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of One Thousand ($1000.00) Dollars per calendar day until the work is complete, should the project not be j completed by August 15, 1997. IB-26 POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-27 LAWS AND REGULATIONS �1 �! The bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout,and they will be deemed to be included in the contract the same as though herein written out in full. IB-28 SAFETY STANDARDS AND ACCIDENT PREVENTION i With respect to all work performed under this contract,the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" ral Contractors of America, the requirements published by the Associated Gene f the Occupational Safety and Health Act of 1970(Public Law 91-596), and the requirements of Title 29 of the Code of Federal Regulations, Section 1518 as Jpublished in the "Federal Register", Volume 36, No. 75, Saturday, April 17, 1971. b, Exercise every precaution at all times for the prevention of accidents and the ;., protection of persons(including employees)and property. , s 1 { 1 i j c. Maintain at his/her office or other well known place at the job site, all articles _ necessary for giving first aid to the injured, and shall make arrangements for the Immediate removal to a hospital or a doctor's care of persons (including j employees),who may be injured on the job site. In no case shall employees be permitted to work at a job site before the employer has made a standing arrangement for removal of injured persons to a hospital or a doctor's care. IB-29 SUBCONTRACTS The bidder is specifically advised that any person, for, or other party to whom it is proposed to award a subcontract under this contract: a. Must be acceptable to the Owner after verification by the HUD Area Office of the current eligibility status;and, µ}' b. Must submit Form HUD-950.2, Certification by Proposed Subcontractor Regarding Equal Employment Opportunity, Certification by Proposed Subcontractor Concerning Labor Standards and Prevailing Wage Requirements, Form HUD-1422, and Certification of Proposed Subcontractor Regarding Section 3 and Segregated Facilities. Approval of the proposed subcontract award cannot be given by the Owner unless and until the proposed subcontractor has submitted the Certifications and/or other evidence showing that it has fully complied with any reporting requirements to which it is or was subject. Although the bidder is not required to attach such Certifications by proposed subcontractors to his/her bid, the bidder is here advised of this requirement so that appropriate action can be taken to prevent subsequent delay in subcontract awards. ,- IB-30 ENUMERATION OF PLANS The plan sheets pertaining to this project are as follows: SHEET NO. DESCRIPTION ENGINEER 0 of 15 Title Central Mo.Prof.Services 1 of 15 Special Details Central Mo.Prof.Services 2 of 15 Plan&Profile-London Way Central Mo. Prof.Services 3 of 15 Plan&Profile-London Way Central Mo.Prof.Services ui 4 of 15 Storm Sewer Profiles Central Mo. Prof.Services wi 5 thru 10 of 15 Cross Sections-London Way Central Mo. Prof.Services 11 of 15 Sanitary Sewer Plan&Profile Jefferson City Public Works F y 12 of 15 Driveway Details Jefferson City Public Works 13 of 15 Type C Curb Inlet Details Jefferson City Public Works 14 of 15 Sanitary Sewer Details Jefferson City Public Works 15 of 15 Standard Manhole Details Jefferson City Public Works , J IB-31 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications •.,, and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder,the bidder's address,and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed In another envelope addressed as follows: f Purchasing Agent T City of Jefferson, MO 320 East McCarty Street . Jefferson City, MO 65101 For the convenience of bidding this project, a"BID PACKET' has been included with the project manual.This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: 1) BID FORM 2) BID BOND ►�+ 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT ` r 5) MINORITY BUSINESS UTILIZATION COMMITMENT 6) CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY, Form HUD-950.1 7) CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES 8) BIDDER (SECTION 3 PLAN FORMAT) 9) CERTIFICATE OF OWNER'S ATTORNEY END OF INFORMATIOM FOR BIDDERS ' t J ,,. ,.., 7 ,:; .. ". �n n��h`13.1ff."C.+'..Ytt#p:*i✓.'znntRVazrva,xre-nmu.-.+,..............,......._•—..,.......,..._....a.t,....._._.'.._....._�_-.., _ _ f! s '2 BF 1 015 ^.� Rev 4/10/87 BID FORM _ Name of Bidder �O S -- Address of Bidder Js To: CITY OF JEFFERSON 320 East McCarty Street f Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER,having examined the plans, specifications, regulations J 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 �j 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 i 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 i labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. 1 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, marine r and time or modified by addenda) in the ma 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 „.; ork shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply follows: to such increased or decreased quantities as • lld • 1 I ©F2 of ' J CITY OF JEFFERSON Rev /97 i ITEMIZED BID FORM j PROJECT NO.10002 J LONDON WAY IMPROVEMENTS i (CDBG 96-ED-11) ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTITY PRICE _ ........................................»..........__................----...................--....--... ._.-...-.».......... .---... BASE BID • SECTION 1-GRADING f 01.0 MOBILIZATION LS ----- 10,000.00 10,000.00 02.0 CLEARING&GRUBBING AC 16.0 500.00 81000.00 03.0 EARTH EXCAVATION CY 535 4.00 2,140.00 _1 04.0 EMBANKMENT IN PLACE CY 32978 1.20 39,573.60 1 SECTION 11-PAVEMENT 1 05.0 TYPE A CURB&GUTTER LF 3792 n 7n 06.0 3"ROLLED STONE BASE SY 10207 nn 20,1334 09 07.0 7"NON-REINF.PCC PAVM'T. SY 7824 t R nn 140'U2 06 08.0 7"PCC COMMERCIAL DR.APPR. SY 512 26 nn _t 3,3l2 A9 _! 09.0 7"PCC PAVM'T.WIDENING SY 947 22_in 20Tg28 79 • SECTION III-SANITARY SEWER 10.0 12"SDR-35 PIPE IN PLACE LF 900 26_nn 23,400 00- 11.0 4'ID SAN.SEWER MANHOLE(0-6') EA 2 1,2n0_nn :1 400 00 - 12.0 ADD'L.DEPTH OF MANHOLE VF 1.5 200_nn 300. 00- -� 13.0 12"OUTSIDE DROP IN PLACE EA 1 8,350-nn R,350 00 14.0 TRENCH ROCK CY 150 7n-On I n,goo on 1 j 15.0 10"C-900 PVC FORCE MAIN LF 1445 ia_nn 27,1355 00 • SECTION IV-STORM SEWER&DRAINAGE ' 16.0 4 ID MANHOLE EA 1 1,t 25_nn t � '125 00 17.0 5'ID MANHOLE EA 1 1,125_nn 1,125 00 18.0 4'X 4'TYPE C CURB INLET EA 3 1,600_on 19.0 4'X 4'TYPE C CURB INLET W/DEFL. EA 2 3,500-00 20.0 6'X 4'TYPE C CURB INLET EA 1 1,9nn_nn I son on 21.0 4'X 4'AREA INLET EA 2 1,2nn n0 2'400 00 22.0 15"RCP-CL III LF 51 2g 50- 1,504 SA 23.0 18"RCP-CL III LF 29 X5_50 1,02�.SA 24.0 24"RCP-CL III LF 126 9200- 6,174,Go lyt 25.0 36"RCP-CL III LF 85 tig 50 907.so J 26.0 24"RCP END SECTION EA 2 400.00 800.00 27.0 36"RCP END SECTION EA 1 900.00 _900.00 28.0 15"CSP-16GA LF 290 19.50 5,655.00 29.0 15"CSP END SECTION EA 2 150.00 300.00 , .J 30.0 2'THICK GROUTED RIP-RAP SY 57 38.00 2,166.00 A i!I ',..• OF3o15 Rav4/10197 ` \1 CITY OF JEFFERSON ITEMIZED BID FORM PROJECT NO.10002 ' LONDON WAY IMPROVEMENTS (CDBG 96-ED-11) ITEM DESCRIPTION UNIT APPROX. UNIT AMOUNT NO. QUANTITY PRICE • SECTION V-MISCELLANEOUS 31.0 2"UL SCH 40 PVC CONDUIT LF 1980 4.50 81910.00 32.0 4"UL SCH 40 PVC CONDUIT LF 125 6.00 750.00 33.0 4"CHAT DRIVEWAY SY 350 2.50 875.00 34.0 SEEDING&MULCHING AC 14 1,265.00 17,710.00 , 35.0 CONSTRUCTION SIGNING& TRAFFIC CONTROL LS 3,000.00 3,000.00 J TOTAL BASE BID 434,627.20 ALTERNATE A-ASPHALT PAVEMENT 07.1 REDUCE 7"NON-REINF PCC PAVM'T SY (7156) 17-nn (121,652 no) 36.0 71/2"BLACK BASE SY 7156 10.40 74,472 40 37.0 11/2"GRADE C SURFACE SY 7156 _3_15_ 77,541 e0 .....»--------------------------------••--•----------•-..TOTAL ALTERNATEA------. 24, a•20)..... ti ALTERNATE B-ADDITIONAL WIDENING FAIRGROUNDS ROAD J � 06.1 3"ROLLED STONE BASE SY 282 4_M 1,128 00 I 09.1 7"PCC PAVMT WIDENING SY 260 C;,706 h AO TOTAL ALTERNATE B .................. ».»...».._...»....-----»--___...........»..................................--... .»»....?..»..... i TOTAL SUMMARY BASE BID 434,627.20 BASE BID WITH ALTERNATE A 409,939.00 BASE BID WITH ALTERNATE B 441,501.20 BASE BID WITH ALTERNATES A&B 416,813.00 5 r I . OF4015 I y�•"� Rev 4/10/97 SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. _ Te�r�efs�� i TIME OF COMPLETION �.l The undersigned hereby agrees to complete the project on or before August 15, 1997, 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 �I entered into;and this bid is made without connection with any other person, company, .J 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. ..d if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn,the undersigned will,within ten (10)days after the date of such mailing, telegraphing,or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed,telegraphed, or delivered: t3o� F4 f4to.rd5 �o J Je��r�fs�,n C'��1 NI C1 (n5109___ It is understood and agreed that this bid may be withdrawn at any time prior to the i thorized postponement thereof. scheduled time for the opening of bids or any au } I' i •'' ' I BF6of5 %-� Rw 4H 0/97 Attached hereto is a Bid Bond for the sum of Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: individual � If an i doing business, -� as If a partnership, member of firm. by -� i. If corporation, i ] by Title _ SEAL Business Address of Bidder 13 0'1 To- 9-cs�� C ;� r /V10 �51U5 If Bidder is a corporation,supply the following information: ti State in which incorporated Name and Address of its: E.. President (Yl_!J S uh e M Rh e l3o-I r4'ryr h ofs (�� 5e r s�N t:4•r.lV1G r nocl Secretary 130 1 s;c4co .,ds (�o�� err�ecso� c;ay,MU Ccs 109 :. Date �' S T J � J f. tl , • is • .. j.. •. r^B, SArECO INSURANCE COMPANY OF AMERICA �./ GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE; SAFECO PLAZA SAFECO' SEATTLE,wASNINOTON 00109 F - I BID BOND tic KNOW ALL 13Y THESE PRESENTS,That wc, Don Schnieders Excavating Company,Inc. of 1307 Fairgrounds Road Jefferson City,Missouri 6510 __(hereinafter called the Principal), i asPrincipal,and SAFECO INSURANCE COMPANY OF AMERICA J (hcreinattcr called the Surcly),as Surety are field and firmly bound unto City of Jefferson Missouri i I - I (hercin.dler called the Obligee)in the penal sum of Five Percent(5%)of Amount Bid Dollars(S 5% ) for the payment of which the Principal and the Surety bind themselves,dhcir heirs,executors,administrators,successors and assigns, jointly and severally,Grndy by these prescuts. THE CONDITION OF THIS OBLIGATION IS SUCI1,That WHEREAS,the Principal has submitted or is about to submit a proposal to the Obligce on a contract for London Way.CQBG 96 D 11 i NOW,THEREFORE,If tae said Contract be timely awarded to the Principal and the Principal shall, within such time as racy be specified,enter into the Contract in writing and give bond,if bond is required,with surety acceptable to the Obligee for the faithful _J performance of the said Contract,then this obligation stud(be void;otherwise to remain in full force and effect. of April 1997 do Signed and scaled this 16 y I J Witness Don Schnieders Excavating Company,Inc. (Scat) 7 �f Principal 13 Q / J��r�mll M xwy-A /I —/27,0- 6320-2—09_ Tdlc 1 SAFECO SURANCE COMPANY OF AMERICA B j Kris L. ennett Attorney-in-Facl J •ReObuheA tndamuk of SAFEC S-00531SAEF 1107 i I( • l i N'✓! SAPECO INSURANCE COMPANY OF AMERICA .. ear GENERAL INSURANC[ COMPANY OF AMERICA ;t FIRST NATIONAL INSURANCa COMPANY OF AfAERICA . S �'aQ® HOME OPPIC4 9APEC0 PLAZA _ SEATTLE,WASHINGTON 9E1E9 ACKNOWLEDGMENT BY SURETY r�STATE OF I M19sourl ss. County of Co I e On this 16th day of April 1997 before me personally 1 appeared Kr I s L. Bennet t known to me to be the Attorney-in-Fact of j SAF-CO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, at my office in the aforesaid County, the day and year in this certificate first above written. t j. f (Seal) Notary Pub�injth State of MI scour I County of DOROTHYEBRAY If NOTARY PUBLIC STATE OF MISSOURI , COLE COUNTY F MY COMMISSION EXP JUNE 6,1999 `(f ; I' • I; Winter—Dent 6 Company O 11e9111tered trademark of SAPECO Corporation. ' - ..............x............._,............"... .. .. PRINTS D IN U t. T 5'JN ~' POWER SAFECO INSURANCE COMPANY OF AMERICA -'•� HOME OFFICE SAFECO PLAZA ® OF ATTORNEY SEATTLE,WASHINGTON Rataa ' No. 5462 _.1 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, door, hereby appoint ■omommoollesem&N■JAMES J. LANOWEHR: WILLIAM R. TWEEDIE; CARL E. REYNOLDS; KRIS L. BENNETT Jefferson City, MI SSOUr I��r��u��u�u��■•��r�a��r■■��n��a��a�u■ j Its true and lawful atturney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings 1 and other documents of a shillar character Issued by the cornpany In the course of Its business, and to bind SAFECO INSURANCE COMPANY OF AMERICA thereby as fully as If such Instruments had been duty executed by its regularly elected officers at Its home office, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed any attostod those presents I`. this 6th day of February 1995 nA I'll W,I III',I',nllAll, anal CERTIFICATE ��e\) Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: \"Ar 1 V - F SURETY S the President Vice President the Secret and Assistant Vice tic a Section 13. FIDELITY AND Sl1RE BOND .. , arty Secretary. any President appointed for that purpose by the officer In "go of surety operations. shall each have authority to appoint Individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other docunents of similar character Issued by the company in the course of Its business . .. On any instrument making or evidencing such appointment, the signatures mad be affixed by facsir rile. On any instrument conferring such authority or on any bond or undertaking of the company, the seat, 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, (I) 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, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof.• I, 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 Buard of Directors of INS 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 JINS 16 day of April 19 97 111.II TAII) . ,,y 1953 w ... S-1]00/EP 1/a] Of Ws!,\0�� RrrelsUree trademark of SAFECO Corporation. I.. , f � _ IMPORTANT SURETY BOND INFORMATION - MISSOURI - 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. 1 MISSOURI SPECIFIC QUESTIONS If you have been unable to contact or obtain information from your agent, you may contact SAFECO at the following addresq and telephone number. SAFECO Insurance Company of America General Insurance Company of America First National Insurance Company of America Surety Office P.O. Box 461 1 St. Louis, MO 63166 f Telephone: (314) 965-0400 ` � f i 1 1 f >� F f r 14 r 1j ! f ' :• z f k ',1 8•J//6f/r /!/7 ®Reoletwed node wk of BAFECO Cofporellm M i , f. 4 .,y I..r• J �{ I f ' l"„"a4ragJ4}KS11W'X+'+� "iN.` t,M%v...wN.h"..•'•.+w..m:.,«n.....—• ._..._ »._.. ».«.. �.. > l .. 'l�Cj:�SkiXatrfs*utYa.vs+`�rt:s a•�rwcast' ... i t t 1 If `Y Z > .•1 1 �j S.f .. � 1 Jk 1 ( 1 Ir(�f• d^�filkj. " r 1 j. ANTI-COLLUSION STATEMENT µ_1 STATEOF COUNTYOF being first 1 duly sworn,deposes and says that he is y Q+e s;C�P_" of TITLE OF PERSON - SIGNING NAME OrP BIDDEN that all statements made and facts set out in the bid for the above project are true and correct;and that the bidder(the person, firm, association, or corporation making said `i . ..._..... .... 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 !n. _.-.... connection with such bid of any contract which result from its acceptance. Affiant further certifies.that bidder is not financially interested in, or financially'affiliated with',any other bidder for the above project. (BY) 11 Sworn to before me this _day of A L L 19M J r , NOTARY PUBLIC JANET K.WATERSTRADT Notary Public-Notary Seal STATE OF MISSOURI My commission expires: -7 6 2 6e) I _ County of cola ammis My Ion Expires; Feb.20,2001 i ., ., . a' • ti s r I 1. CONTRACTOR'S AFFIDAVIT r This affidavit is hereby made a part of the Bid, and an executed copy thereof shall f j accompany each Bid submitted. STATE OF M;sSouc; ' COUNTY OF CA e- 1 The undersigned, C • Rye of lawful age, being first duly sworn states upon oath that he is _V1 of the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid north computation upon which it is based include-any amount of monies, estimate oral lowance representing wages, moneys or :,.."' expenses,however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. d,J ' AFFIANT 1 Subscribed and sworn to before me, a Notary Public,in and for the County and State aforesaid,this_L L&day of A 12 i L 19_J 1_. n NOTARY PUBLIC JANET K.WATERSTRADT Notary Public-Notary Seal STATE OF MISSOURI County of Cale 1:1y Co mmisslon Expires: Feb.26,2001 My Commission Expires: Z-26 -2661 n< 3 1 4 if a ti S S t T NEW- } MINORITY BUSINESS ENTERPRISE STATEMENT - Contractors bidding on City contracts shall take the following affirmative steps to assure that small,women owned,and minority business are utilized when possible as sources of suppliers, services, and construction items. 1. Contractor's will submit the names and other information if any, about their MBE j sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- contractors when possible on City contracts. _.� 3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. 4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources. J5. When economical) 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. i 7. Contractor will use the services and assistance of the Small Business Administration,the Office of Minority Business Enterprise, and the Community iServices Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. t, i, i I . t '-'a`.M1MSC�LN"�'tw SJ� (.'T1:4'.`nY.YtY.F....•...w••....+.......�....�..... ._.......... >...+..... .•....—. ..,...�...... .... ... ...... _ .. �j 1 i MINORITY BUSINESS UTILIZATION COMMITMENT i A. The bidder agrees to expend at least two (2)%of the contract, if awarded, for ; Minority Business Enterprise(MBE). For purposes of this commitment, the term "Minority Business Enterprise"shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women;and 2. Whose management and daily business operations are controlled by one x, 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 �1 Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific ^� Islands); p.! 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a)of the Small Business Act, as amended[15 U.S.C. 637(a)]. f 6. A female person who requests to be considered as an MBE, and who " "owns"and controls"a business as defined herein. - i Minority Business Enterprises may be employed as contractors, subcontractors, or suppliers. J I � tic'.r-:'x;.r,7di:4?K:5•:s:xex.:cn:+.no. �..........,„..._.........^__. _ .,...., .„.,.,..,..._ .. ""."'••.,mNCdSA �'{' i • is _,� B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: j . H Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation 5 Total Bid Amount: } 4I. S O�. 2 U Total: O 0 fPercentage of Minority Enterprise Participation: 3. �. C. The bidder agrees to certify that the minority firm(s) engaged to provide ! i materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise;and(b)has executed a binding contract to provide-specific materials or services for a specific dollar amount. ! A roster of bona fide Minority Business Enterprise firms will be furnished by the..;--, _ City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprises) it intends to " use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. 7 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. NAME OF AUTHORIZED OFFICER DATE {, SIGNATURE OF AUTHORIZED OFFICER ti a , CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY " 1 INSTRUCTIONS This certification is required pursuant to Executive Order 11246(30 F. R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor,or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations'of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause: and, if so,whether it has filed all compliance reports due under applicable instructions. --I Where the certification indicates that the bidder has not filed a compliance report due j under applicable instructions, such bidder shall be required to submit a compliance report within seven calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER NAME AND ADDRESS OF BIDDER(Include ZIP Code) 1301 F.;r�rwn�3 fkc3ct Se�Ferso� /hU CoS105 1: Bidder has participated in a previous contract or subcontract subject to.the Equal' Opportunity Clause. -- OYES ❑ NO 2. Compliance reports were required to be filed in connection with such contract or subcontract. 0,YES ❑ NO 3. Bidder has filed all compliance reports due under applicable instructions. RYES ❑ NO I 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑YES trNO NAME AND TITLE OF SIGNER(Please type) SIGNATURE DATE AvrA . .__.._ ..... .-....,._. :n,L.va:A'•.F'i'r..^, t t C I r _ CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES L•o.A-, �'._, I _.� � 5��'ec�r� Eltc•.vti�';,n4 ��wip.,.,y �.,�. C��6 `1�c"C1^�� Name of Prime Contractor J Project Name&Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract (b) A written Section 3 plan was prepared and submitted as part of the bid proceedings(if bid equals or exceeds$100,000). { (c) No segregated facilities will be maintained. t 1 f ( I � I �. Name L ~ Name&Title of Signer(Print or Type) k . • . Signature Dale ,, I' 1 1 t i .It r � � n. + t• }t .. I •( r r t Y �t cr X31 3 r --..-.,. ... ,...-.. .......-.-.,..._.....__- .......... y .. � •., .`'uMV`a'�'�",rlrS'"nffyG2mizam in , y ^�P � a S • 5• MOPE •S: BIDDER Section 3 Plan Format '"�•,a,•,,.. �v1 Si.NN i QcQa.rS L j�C..v..Fi.`� c w(l...y, r11 C ' If award is received, (name of contractor) agrees to implement the following specific affirmative action steps directed at increasing the utilization of lower income residents and businesses within the City of T C>VN A. To ascertain from the locality's CDBG program official the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance of local officials in preparing and implementing the affirmative action ,. plan. --) B. To attempt to recruit from within the city the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, and community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment(SER), Opportunities Industrialization Center(01C), Urban i League, Concentrated Employment Program, Hometown Plan, or the U.S. i Employment Service. C. To maintain a list of all lower income area residents who have applied.either on,- :•, their own or on referral from any source,and to employ such persons,if " otherwise eligible and if a vacancy exists. -D. To insert the Section 3 Contract Provisions clause in all subcontracts over . I $100,000, to obtain Tables A and B from said subcontractors, and to obtain all documentation for completion of Tables C and D prior to final payment . E. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. F. To ensure that all appropriate project area business concerns are notified of pending subcontractual opportunities. G. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I H. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implementation of this Section 3 plan. will be exempt. *Loans, grants, contracts and subsidies for less than$100,000 ,z i I. r I. To list on Table A, information related to proposed subcontracts to be awarded to Section 3 businesses. J. To list on Table B, all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. K If successful bidder, to submit prior to final payment,Tables C and D to city/county grantees which includes all applicable hirees and subcontractors utilized on this project. As officers and representatives of C,N 5._tn A.'QCJ&V s (Name of Bidder) 4• I we, the undersigned, have read and fully agree to this Affirmative Action Plan, and become a party to the full implementation of this program. • E ignatu Title Da'e .. _19 - Signature y:�e ices;�.,..�' - �.c�4r��s (�n� �� l`19l •: . Title ••- Date' F. sq I. I 1• I I x t 1.• 5 '. t 1 tt' 4 s I. �.^.Y�--M��a.e41::rA7•i:.+Gi:)L,Jas:mre..+,,,w...........,.......,�..............—...._,.-_._ ... ...::.,.,,.,...,n..w'awf-y.:.ua..,..a. .»... _ _ ......._,.__ ... .. •'.�ran.uafL.fitv`�;�. � ;: , L' S f BMW r Table A BIDDER'S PROPOSED SECTION 3 CONTRACTS/SUBCONTRACTS tal No. E Typo of Contract Total Estimated No,of Estimated Dollar ract To I. r (Business r Dollar Amount Contracts to Amount to Section Profession) Section 3 3 Businesses ; Businesses i Section 3 Business Concern A business concern which Is located in or Company owned in substantial part(at least 51%)by persons residing In the same non-metropolitan Project Name j county as the project. 1 Project Number t Person Completing Form f.;. Dale l! l 1 f Table B BIDDER'S SECTION 3 ESTIMATED NEW HIRES Jab Category Estimated Total No.of Positions Number of Number of ^� Y. Positions Needed Occupied by Positions Not Positions to be for Project Permanent Occupied Filled with Section Employees 3 Residents Officer/Supervisor Professionals Technical Hsq.Sales/Rental M mt. Office/Clerical Service Workers Others TRADE: Journeymen Helpers ,�. Apprentices _ Trainees Others S, TRADE: Journeymen Helpers Apprentices Trainees .•.N, Others Section 3 Resident Individual residing within the non-metropolitan Company county in which the Section 3 covered project Is located and whose Income does not exceed 1 80%of the higher of the median Income,adjusted Project Name by family size,for the county of residence or the non-metropolitan area of the state. Project Number Person Completing Form Date Table C CONTRACTO R'S SECTION 3 NEW HIRES REPORT Job Category Estimated Total No.of Positions Number of Number of !' Positions Needed Occupied by Positions Not Positions to be 1 for Project Permanent Occupied Fill3 ed Residents with Section Em to ees Officer/Supervisor s Professionals Technical ,,,� Hsq.Sales/Renlal Office/Clerical Service Workers Others TRADE: Journeymen Helpers Apprentices Others ' r. TRADE: Journeymen ^� Helpers J Apprentices � Trainees 1 Others Section 3 Resident Individual residing within the non-metropolitan Company county In which the Section 3 covered project is located and whose income does not exceed so%of the higher of the median income,adjusted Project Name } by family size,for the county of residence or the .J non metropolitan area of the state. '. r;y;�r• Project Number ..� Person Completing Form j Date LI • f tA o z ca z ° I r U. �+ r o mA _> W 1 C E•(fl � • � EE° d UZ O v ° ! n ° In w ° cu Zul p ¢ .�l a 7 I vp a� m N � c O N ¢ 3 � � l W `�° °m Z o 7E a) Q w � m ca CL vm ; Z mE n U o d tS _°. Q V lu' 5 � m o �� E d c m o m c E in 133 m 1 vNi Eo � � •� c J E `off in c �p � 43 m � toC Y Z� c N 1 e r Q V � u C O p ' "4„ravurk'a �;q�.iT..,rit?..,,,...,.ts:irt....,;.. .."•.�...•.�.,..........,_..__.... � N Q G ::'fykTii.%r'.� �.. 6 t L) I } I ; COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM j CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS I To(Appropriate Recipient): Date: ' Project No, (if any) do Project Name: 1. The undersigned, having executed a contract with - -� the construction of the above.identified project, acknowledges that: for (a) The Labor Standards provisions are included in the aforesaid contract: (b) Correction of any infractions of the aforesaid condition, including infractions by any I of his subcontractors and any lower tier subcontractors,is his responsibility: 2. He certifies that: (a) Neither he nor any firm, partnership or association in which he has substantial interest is designated as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b)of the Regulations of the Secretary of „ Labor, Part 5(29 CFR, Part 5)or pursuant to Section 3(a)of the Davis-Bacon Act, as amended (40 U.S.C.476a-2(a)). .a (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if each subcontractor or an y firm, corporation,partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. y 3, He agrees to obtain and forw ard to the aforementioned recipient within ten days after the 7 execution of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, a Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors, 4. He certifies that: J , '- (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) j J .. • .,'. ^-r�ae,YNi Y14V fY.... S .i�'..7�.1,Li .,... t , 1 j (c)The name,title and address of the owner, partners or officers of the undersigned are: NAME TITLE ADDRESS I � ' (d)The names and addresses of all other persons, both natural and corporate, having a substantial interest in the undersigned,and the nature of the interest are(if none,so state): NAME ADDRESS NATURE OF INTEREST L_ r i (e)The names, addresses and trade classifications of all other building construction 4 contractors in which the undersigned has a substantial interest are(if none, so state): j NAME ADDRESS TRADE CLASSIFICATIONy �. , � I; (Contractor) BY: (Signature) Date L L WARNING U.S.Criminal Code,section 1010,Title 18,U.S.C.,provides in part: 'Whoever......makes, passes,writes or publishes any statement,knowing the same to be false......shall be fined not ° i more than$5,000 or imprisoned not more than two years, or more." wowpig i CERTIFICATION BY PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY NAME OF PRIME CONTRACTOR � PROJECT NUMBER �yY INSTRUCTIONS The certification is required pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has participated in any previous contract j or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all J compliance reports due under applicable instructions. Where the certification indicates that the subcontractor has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to j begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION f NAME AND ADDRESS OF SUBCONTRACTOR (Include ZIP Code) 1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause. ❑ YES ❑ NO 2. Compliance reports were required to be filed in connection with such contract or " subcontract. j J ❑ YES ❑ NO 3. Bidder has filed all compliance reports due under applicable instructions. EJ ❑YES ❑ NO j 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑YES Q NO NAME AND TITLE OF SIGNER(Please type) SIGNATURE DATE 1! ' 1 h . ��{ ,. .. ' rf,;•. 111 1 CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING 1 SECTION 3 AND SEGREGATED FACILITIES r Name of Sub Contractor c Project Name& Number The undersigned hereby certifies that (a) Section 3 provisions are included in the Contract w. (b) A written Section 3 plan was prepared and submitted as part of the bid '1 proceedings (if bid equals or exceeds$100,000). (c) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of 1964. 1 4 l Name&Title of Signer(Print or Type) {!, t r � r . Signature Date r W � } r t 1 C r. ti r - t tit 7a I *ti r l r , t'• M COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM f SUBCONTRACTOR'S CERTIFICATION !_ CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS i �,. . To(Appropriate Recipient): Dale: is _ Project No. (if any) do Project Name: r 1• The undersigned, having executed a contract with (Contractor or Subcontractor) for_ I� (Nature of work) in the amount of$ in the construction of the above-identified project, "t certifies that: J (a) The labor Standards Provisions of the Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm,corporation,partnership or association in which he has a substantial interest is designated as an ineligible contractor by the Comptroller 1 General of the United States pursuant to Section 5.6(b)of the Regulations of the -,j Secretary of Labor, Part 5(29 CFR, Part 5), or pursuant to Section 3(a) of the Davis-Bacon Act, as amended(40 U.S.C.276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any-- subcontractor if such subcontractor or any firm,corporation,partnership or association in which such subcontractor has a substantial interest is designated as ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. He agrees to obtain and forward to the contractor,for transmittal to the recipient,within ten I t r days after the execution of any lower subcontract,a Subcontractor's Certification Concerning j. Labor Standards and Prevailing Wage Requirements, executed by the lower tier subcontractor, in duplicate. " (a) The workman will report for duty on or about (Date) 3. He certifies that (a) The legal name and business address of the undersigned are: (b) The undersigned is: " (1) A SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF (2) A PARTNERSHIP (4) OTHER ORGANIZATION(Describe) 1. f 1' (c)The name,title and address of the owner, partners or officers of the undersigned are NAME TITLE ADDRESS i (d)The names and addresses of all other persons,both natural and corporate, having a substantial interest in the undersigned, and the nature of the interest are(if none,so state): NAME TITLE NATURE OF INTEREST (e)The names, addresses and trade classifications of all other building construction w contractors in which the undersigned has a substantial interest are(if none, so state): r � , NAME TITLE TRADE CLASSIFICATION r r (Subcontractor) i BY: j (Signature) Date: � r WARNING 1 U.S.Criminal Code, section 1010,Title 18, U.S.C.,provides in part "Whoever.....makes, 4r passes,writes or publishes any statement,knowing the same to be false......shall be fined not more than$5,000 or imprisoned not more than two years,or more." c,3 IL I , r } 1 AFFIDAVIT K-� ~ COMPLIANCE WITH PREVAILING WAGE LAW -� Before me,the undersigned Notary Public, in and for the County of State of J I 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 I payment of wages to workmen employed on public works projects have been fully asatisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No.3, Section 026,Cole County issued by the Division of Labor Standards of Missouri on April 8, 1996 and last modified in September, 1996, and General Decision M097001 as last modified on March 14, 1997 in carrying out the contract and work in connection with Project No. � 10002, London Way (CDBG 96-ED-11) located at Jefferson City in Cole County, Missouri, and completed on the day of 19 I SIGNATURE i Subscribed and sworn to me this day of 19 NOTARY PUBLIC My commission expires: STATE OF MISSOURI ) i alt. COUNTY OF jss 7"i"75-sm4". i . 1 ! fff Missouri i 0 VISIOn _® ab®r Standards WAGE AND HOUR SECTION F THE S i - MEL CARNAHAN,Governor .annual Wage Order ® . 3 7 Section 026 ' COLE COUNTY i In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy 1 of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, Mo. 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 I filed with the Secretary of State of Missouri. M�olleen A. Baker,Director PER Division of Labor Standards I j MAR 71996 J Filed With Secretary of State: �.L«« f �( G' APR R 1996 Last Date Objections May Be File'`�"f y •`'CF�T° J Prepared by Missouri Department of Labor and Industrial Relations v� A j t jBuldinp Construction Rates for COLE County REPLACEMENT PAGE Section 02Cr j z i ecttve as;c Z1ver-lI i CRAFTS Date of 1 Hourly ; Time IHoliday�-Fringe Benefit Payments r°" Increase i'I Rates ._Rates -Rates i H&W Pen. 1 Vac. Ap r.T ! Other �I Asbestos Workers I _12196 1 525.46, 55_ ! 28 ! 3.22 4.971 1 r .Boi!armakers ( 9198 x_521.35 57 I 7 I 3.25 3.001 I V 61 b I Bricklayers-Stone Mason 1 9/96_ r 515.60. 59 1 7 1 2.30 1.851 1 0,151 1 Carpenters ! 515.68 60 1 7 1 2.05 11.501 1 0,171 Cement Masons i S17.56._ 9 1 3 1 1 1.661 I 1 Electricians(Inside Wirema� I __ S19.21 28 1 7 1 2.0_5 3.001 10%: Communication Workers 1 UUSE ELECTRICIANS(INSIDE WIREMA(V)RATE ( _I f Elevator Constructors 1 7/96 i_I 523.92: 26 1 54 u 1 3.845 2.19 a ! O.OBS� En ing eers-Portable&Hoisting: I.__� I I ^ Group I I 5/95 1 519.12' 86 1 3 1 3.651 3.651 ; 0.451_ANN.55 ; 1 .. . Group II 1 5/96 S19.12: 3 -1 3.651 3.65; 1 0.45 ANN.55 1 Group 111 1 5/96 S17.87 86 • 3 1 3.651 3.65 1 0.451 ANN.55 Grou III•A ( 5196 519.12: 86 I 3 I 3.651 3.65, I 0.451 ANN.55 I Group IV 1 5/96_ I S16.89 86 _3 _1 165 3.651 1 0.451 ANN.55 Grou V 5/96 S19.82 86 ; 3 1 3.651 3.65; 1 0.451 ANN.55 Pipe Fitters I _ ci S24.25'_91 ! 3 _ TOTAL FRINGES 510.28 I I Glaziers 1 511.3.5 FED I_0.45;0.28 0.45. 1 HOL.1 B , - Laborers(Building): General i I Si3.05 _110_ 7 _1 2.30; 1.501 1 0.401 ! First Semi-Skilled I S13.40 110 7 1 2.30; 1.501 i 0.401 Second Semi-Skilled S13.40 110 ! 7 ! 2.30! 1.50 i 0.40! 1 -" Lathers-Metal,Wood I IUSE CARPENTERS RATE I - 1 Linoleum Layers&Cutters I IU-SE CARPENTERS RATE I I ! Marble Masons ( 9/96 S15.60 59 T 7 2.301 .1.85 i = .0.15 Millwrights I I S16.431 60 ! 7 I 2.05 •1.501: ,: • • I :•0.171_ Iron Workers i 8/96 -1 516.87- 11 8 1 2.87; 5.301 1 0.251 Painters i S15.50 18 ; 7 1 i 1.00; 1 I I Plasterers 1 516.73 _94 i 5 I 1 1.63; I I I Plumbers 1 520.00- FED I I 1 I Pile Drivers I S16.08 60 7 1 2.05 r 1.50, 0.171 I Roofers i 9/96 i S17.60 12 4 i 2.65: 2.101 0.14! 1 Sheet Metal Workers i 7/96 1 S18.39 4_0 1 23 1 3.16 2.181 0.29:5ASM1.71; Sprinkler Fitters I I S10.50! FED I I ! Terrauo Workers I 9/96 i 1 S15.60, 59 1 7 2.301 1.851 1 0.151 ! I( Tile Setters I 9/96 I S15.60._59 1 7__-2.30 i 1.851 i 0.15 1 Truck Drivers-Teamsters I Group I I I I S14.25 i 101 1 5 1.751 1.751 ! Group II 1 E 1 S14.95; 101 1 5___1 1.751 1.75; I _ Group III I 1 1 514.65 i 101 1 5 1.751 1.75 i I I I Group IV ! LS14.95. 101 1 5-1 1.75 i 1.751 1 I I L Traffic Control Service Driver I ! 1 511.90: 48 1 49 1 0.83! 0.481 0.23 I HOL.41 I Well Drillers i IU_SE BLDG CONST.ENGINEER GROUP 11 RATE 1 I _ r' Welders•Acetylene&Electric I r L 'ANNUAL INCREMENTAL INCREASE 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.3 12186 A Building Construction Rates for COLE County Footnotes Section 026 i •- Fflective 8'asic ver- -^� CRAFTS Date of Hourly Time Holiday Fringe Benefit?aymenIS ^• ) _ _ -Increase Rates Rates Rates H R VN Fen. Vac. A pr.Trg Other Welders receive rate prescribed for craft performing operation to which welding is incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments. Use Heavy Construction rates for remainder of project. For crafts not listed in Heavy Construction Sheets,use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% b-Annuity Trust-$2.00,MOST Program-$0.265 c- All work over$3.5 million total Mechanical Contract-$24.25,Fringes$10.28 All work under,$3.5 million total Mechanical Contract-$23.16,Fringes$9.98 - i L ANNUAL WAGE ORDER NO.3 3/96 R+R+C:41C0.LyC.:TSI•AiA"AIAHnaaw++v. it COLE COUNTY OVERTIME RATES 7 PGDs Minimum requirement per Fair Labor Standards Act means time and one-half (I%) shall be paid for all work in excess of forty (40) hours per work week. ------ No. 9: Eight (0) hours shall constitute a regular work day that may being as early as 6:0 a.m. and and no later than 5:30 p.m. All work performed in excess of the regular work day' ", and on Saturday shell be compensated at one and one-half (1',S) times the regular pay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week for the cement masons is Monday through Friday, except for midweek holidays. N0. 11: Means eight (8) hours shall constitute a day's work, from 8:00 a.m. to 5:00 p.m. from Monday to Friday. Time and one-half (1%) shall be paid for first two (2) hours Monday through Friday and the -first eight (8) hours on Saturday. All other overtime hours Monday A through Saturday shall be paid at double (2) time rate. Double (2) time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday and shall continue through the following Friday, inclusive of 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 (IS) times the regular hourly i 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 (14) times the regular hourly rate. Work on holidays and Sundays shall be paid at two (2) times the regular hourly rate. NO. 18s Means a work week shall consist of forty (40) hours beginning Monday and ending on Friday. Any hours worked over forty (40) in this payroll period shall be paid at the rate of time & one-half (1',S) . Saturday work will be paid at time & one-half (1%). Sunday and recognized holidays shall be paid at double (2) time even if the holiday falls on Saturday. Saturday can be a make-up day, if needed, at straight time pay (provided it is not a holiday) NO. 26: Means a regular working day shall consist of eight (8) hours, between 7,:00 a.m.. and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Work.performed i on'Satiii:daysZ' Sundays and•before and after the regular working day on Monday o. Friday, .inclusive,;,shal. 1 , be classed as overtime, and paid for at double (2) the rate of single time'.:'.H61idays shal i be paid at the double (2) time rate of pay. I NO. 28: Means eight (8) hours between 8:00 a.m. and 5:00 p.m. shall constitute a day's work I five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The I Employer has the option for a workday/workweek or four (4) ten (10) hour days (4-10's) I provided: I -The project must be for a minimum of four (4) consecutive days. I i -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). .! -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. I All work outside of the regular working hours as,provided, Monday through Saturday, shall be I' paid at one & one-half (1'1,) times the employees 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. 40: Means eight (8) hours per day Monday through Friday shall constitute a forty (40) 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 (11A) times the regular hourly rate. All hours worked on Sundays and u i 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. I r ; nwus:«.Gr ANNUAL WAGE ORDER NO. 3 PAGE 1 OF S PAGES lest ' '.....•j i.,.'9�'\;t. t • ........,. . ... t, a ._.... ..._...... .... .. .... ..... , ......«.... ...._.......... a I '' j x N0. 48: Means they regularly scheduled work week shall be five (5) consecutive days, Monday through Friday or Tuesday through Saturday. Eight (8) hours shall constitute a day's work. Starting time for the first shift shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty (40) hours shall constitute a week's work. Overtime at the rate of time and - one-half (15S) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be time and one- +' i .. . half (1%) unless time has been lost during the week, in which case Saturday will be a make up day to the extent of the lost time. On the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half (15() unless time has been lost during the week, ^-7 in which case Monday will be a make-up day to the extent of the lost time. Any work performed on Sunday will be double (2') time. If employe3s work on any of the recognized holidays they shall be paid time and one-half (15S) their regular rate of pay for all hours worked, in addition to their regular holiday pay. NO. 55: Means the regular work day shall be eight (8) hours between 6:00 a.m, and 4:30 p.m. The first two (2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and the first ten (SO) hours of work on Saturday, shall be paid at one & one-half (155) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday, shall be paid at double (2) j the straight time rate. NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per j week, Monday to Friday inclusive, shall constitute a week's work. The regular starting time I shall be 0:00 a.m. When circumstances warrant, the contractor may change the regular -_J workweek to four (4) ten-hour shifts at the regular straight time rate of pay. The first two (2) hours of overtime worked Monday through Friday and the first eight (e) hours on Saturday —t shall be paid at the rate of time and one-half (155) . All time worked in excess of ten (10) hours, Monday through Friday and eight (8) hours on Saturday and all time worked on Sunday and holidays shall be paid for at the double (2) time rate of pay. NO. 59: Means that except as herein provided, eight (8) flours a day (which may begin as early as 6:00 a.m.) shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (155). All.time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four (4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday 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 i forty (40) hours per week. When the five day (8) hour work week is in effect, forty (40) �j hours per week shall constitute a week's work, Monday through Friday, inclusive. In the I event the job is down for any reason beyond the Employer's control, then Saturday may, at the f option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) i hours or forty (40) hours per week, t NO. 60: Means a regular work day of eight (8) hours may start as early as 6:00 a.m. and end as late as 5:30 p.m. The Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any workweek, hours worked more than eight (8) per day or 40 per week shall be paid at time & one-half (155) the hourly rate Monday through Friday. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain or mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. 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) hours per week shall be paid at time & one-half (155) the hourly race Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, he may work i ten (10) hours Friday at straight time. N0. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, � beginning at 8:00 a.m. and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and one-half (155) the hourly rate plus an amount equal to one- half of the hourly pension, welfare, and JATF contributions. All work performed on Sundays and holidays shall be paid at double (2) the hourly rate plus an amount equal to the pension, welfare, and JATF contributions. AW3026.OT ANNUAL WAGE ORDER NO. 3 PACE 2 OF 3►AON.5 t i N0. 91: Means eight (8) hours shall constitute a da s work in a *_' " early as ;00 a.m, and ending as late as 5:30 p.m. The work week shall be forty (4 0)ing as beginning Monday as early as 7:00 a.m. and ending Friday at 5:30 m, y (40) hours pq +' receive double (2) time for over eight 8) hours in a work day or for over forty (40) shall in a work week from Monday through Friday, Saturdays, Sundays and recognized holidays shell be paid at the double (2) time rate of pay. N0. 94: Eight (8) hours shall constitute a regular work da a.m. and end no later than yen ted All work performed in excess of he regular work6day and on Saturday shall be compensated k one and one-1:alf UW times the regular a + event time is lost during the work week due to weather conditions, the Employer may schedule r^ work on the following Saturday at straight time. All work accomplished on Sunday and ; I holidays shall be compensated at double the regular rate of wages. N0. 101: Means eight (8) hours a day shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work, which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (IX) (except as herein provided) , All time worked on Sunday and recognized holidays shall be paid at the rate of double (2) time. Starting time may be as early as 6:00 a.m. and end as fo late as 5:30 P.M. The Employer has the _ option working either five (5) eight-hour days or four (4) ten-hour days to constitute a normal forty (40) hour work week. When a four (4) ten-hour day work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a week's work Monday through j 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- I up day; straight time not to exceed ten (10) hours or fort over ten (10) hours in one day or fort Y (40) hours per week. All work overtime rate of time and one-half (13).(4 When usingnaa five 0(5)wday eights(a) hour pwo kaweeke i 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-u da hours or forty (40) hours per week. p Y. straight time not to exceed eight (8) I N0. 108: Means eight (8) hours shall constitute a day's work. The day•shall begin at 8:00 a.m. and end at 4:30 P.M.p.m Forty (40) hours shall constitute the work week, which shall begin Monday at 8:00 a.m, and end Friday 4:30 p.m. -All time worked before and-after established Saturday ill be paid hatrtimeoa and ne-half F(lX)_Y� Allltime wo kedton Sundaysnandaholidays shall be paid for at the rate of double (2) time. i N0. 110: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 a work day. The work week shall commence at 8:00 a.m. on Monday and shall endlatc4:30ip.m. on Friday. All work performed on Saturday, except as herein provided, shall be compensated at one and one-half WA) times the regular hourly rate of pay for the week performed. All work performed on Sunday and on recognized holidays shall be compensated at double (2) the r^ regular hourly rate of pay for the work performed. If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to work five (5) eight (8) hour days during any work week, hours worked more than eight (8) per day or forty (40) hour per week shall be paid at time and one-half (1%) 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 (1%) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and f� loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at the «e straight time rate, but all hours worked over the forty (40) hours Monday through Friday will r-1 be paid at time and one-half (1%) overtime rate. 4.. � nww:a.or ANNUAL WAGE ORDER N0. 3 rnrn!3 OF 3 rnaex � T ' __ r I I 7 � HOLIDAY RATE SCHEDULE BL7LDL�G C0�'STRj)CT10N I i I N0. 1+ All work done on New Year's Day, Decoration Day, Fourth of July, Labor Day, above sholidays falls Christmas on Sunday, shall be shall be observed me. When one of the I H0. 1+ All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, i Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double 1 time rate of pay. N0. 3+ All work done on New Year's Any, Uecaration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever j any such holidays fall on a Sunday, the following Monday shall be observed as n holiday. N0. 4+ All work dons on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. - Thanksgiving g Day and Christmas Day shall Decoration be paid at the doublehtimebrate aOf Veteran's Day, N0. 6+ All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's a Day, Thanksgiving Day, Christmas Day, and any additional holidays which may be mutually I — agreed upon shall be paid At the double time rate of pay. Whenever any such holiday falls on a Sunday, the following Monday shall be recognized and observed as the holiday. j Zip, 7+ All 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 i Saturday, it shall be observed on the preceding Friday. I NO. 8+ All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,•Thanksgiving Day, and Christmas, or days ehserved as such. shall be paid at the double "D, time rate of pay. I "� , N0. 9: All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be psi shallabctobservede on the following one of above listed holidays falling on Sunday j double time rate of pay as all observed holidays. NO. S0+ All work done on New Year's Day, Memorial Day, Independence Day, Veteran's Day, Thanksgiving Any, the day after Thanksgiving and Christmas Day shall be paid at the double Monday.a Not work pay.11 be performed on LABOR DAY exceptdeo save llifeoand propertyfollowing holiday which occurs on a NO. Ili 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 agree that work will be performed on that day, no premium will be required. NO. SZ+ All work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day,and Christmas ofa hesevdaysDfall on Sunday, then the efollowing day shall obelobserved as the holiday.ulUnder no circumstances shall employees be permitted to work on Labor Day. N0. 13+ All work done on New Year'3 Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day nnd.Chziatas Day shall be paid at the rate of time and one-half (1 1/2) . NO. 14+ All work done on Memorial Day, Fourth of July, Thanksgiving Day, Christmas Day and (1 1/2) . No work shall be done New Year's Day shall be paid at the rate of time and one-half on Labor Day. When a recognized holiday falls on Sunday, the following Monday is observed as the holiday. I , ANNUAL WAGE ORDER NO. 3 PACE I OF S PACES 4 Y L 1, �r..r , y NO. 15: All work done on New Year's Day, Decoration Day, Independence Day, Thanksgiving Day and Christmas Day shall be paid for at the rate of double time. No work shall be performed . on Labor Day. 2;0. 16: There shall be seven (7) recognized holidays: New Year's Day, Memorial Day, a Independence Day, Labor Day, Armistice Day, Thanksgiving Day and Christmas Day. No work on i any pretense shall be performed on Christmas Day, Labor Day, or Independence.Day. Any work performed on the other holidays shall be paid for at two (2) times the regular rate of pay, 170. 17: All work done on the following holidays shall be paid at the double (2) time rate of pay: New Year's Day, Memorial Day, Fourth of July, Labor'Day, Veteran's Day, to be celebrated on either its national holiday or on the day after Thanksgiving, Thanksgiving Day and Christmas. N0. 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 j double time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be considered the holiday, and when one of the above holidays falls on Saturday, the preceding Friday shall be considered the holiday, and all work performed on said day(s) shall be paid at the double time rate. NO. 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. j NO. 20: 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 of pay. When a paid holiday falls on Saturday, it shall be observed on Saturday. When a paid holiday falls on Sunday, it shall be observed on Monday. NO. 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 -* 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, ,v� 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 be observed. N0. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be r^ paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday 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 of pay. ND. 25: All work done on New Year'a Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Presidential Election Day , or days locally observed as such, and Saturday and Sunday shall be recognized as holidays, and shall be paid at the double time rate of pay. N0. 26: All work done on New Year'a 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 f � it shall be observed on the following Monday. E 64 N0. 27: All work done on the following holidays or days observed as such shall be paid at the double time rate of pay: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. 6sa ANNUAL WAGE ORDER NO. 3 PACE 2 OF 3 PAGES I , a i N0. 101 All work done on New Year's Day Armistice Day (Veteran's Day), Decoration Day ~ (Memorial Day), Independence Day (Fourth of July), Thanksgiving Day and Christmas Day shall i be paid at the double time rate of pay. No work shall be performed on Labor Day except when triply (3) time in paid. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. N0. 191 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 i on Sunday, the following Monday shall be observed as the holiday. no. 30: 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 obnerved as the holiday. N0. 31: All wo_k 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 fallowing Monday will be observed as the recognized holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the recognized holiday. 110. 321 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. N0. 331 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 i triple (3) time rate of pay. If the holiday falls on Sunday,, the following Monday will be observed; if the holiday falls on Saturday, tyre preceding Friday will be observed. I, N0. 341 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 Mf 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, ouch as Thanksgiving, the following ') Friday will be observed as a non-working holiday. J t N0. 3S: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the time and one-half (1 1/2) times rate ^-( of pay. If a holiday falls on a Sunday, it shall be observed on the following Monday. ••JI N0. 361 All work done on Labor Day shall be paid at the double time rate of pay. N0. 371 Al work done on New Year'a Day, Memorial Day, Independence Day, Labor Day, Veteran's .� Day, Thanksgiving Day, Christmas Day, and such other days as may be declared legal holidays .,J by the Federal Government shall be paid the double time rate of pay. N0. 381 All work performed on New Year's Day, Decoration Day (Memorial Day), Fourth of July, 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 fallowing Monday will be paid at the rate of double (2) time. i "j N0. 391 No work shall be done on the fallorwsng holidays: New Y-ear-'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. No. 40: All work done on a legal holiday shall be paid at the double time rate of pay. I ANNUAL WAGE ORDER NO. 3 PACE 7 OF S PAGES f1 c ' i I I : NO. 41: All work done on New Year's Day, Memorial Day, Thanksgiving Day and Veteran's Day u shall be paid at the double time rate of pay. No work shall be done on Christmas Day, Forvl• of July or Labor Day. When any of the above holidays fall on Sunday, the following Mond, shall be observed as ouch holiday. If a holiday falls on Saturday, it shall not L considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. NO. 42: The following days shall be observed as legal holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day. No work 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. i NO. 43: All work done on New Year'a Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (Nov. llth) or mutually agreed upon day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. N0. 441 All work done on New Year's Day, Washington's Birthday, Decoration Day, Fourth of July, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) time rate of pay. Positively no wcrk shell be allowed on Labor Da v. If any of these holidays fall on Sunday, the following day will be observed as the holiday, If any of these holidays fall on Saturday, the preceding Friday will be observed. NO. 45: All work done on New Year's Day, Decoration Day, Independence Day, Labor Day, i Veteran's Day, Thanksgiving Day, and Christmas Day or days to be celebrated as such shall be paid at the double time rate of pay. If a holiday falls on Sunday, it can be observed on the-- following Monday. If a holiday falls on Saturday, the employer shall designate whether such holiday shall be observed on Friday or Monday. NO.•46: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day,* and' Christmas Day shall be paid at the two and one half (2 1/2)-times rate of pay:-NO WORK SHALL BE DONE ON LABOR DAY. Holidays falling on Saturday shall be observed the preceding Friday. Holidays falling on a Sunday shall be observed the following Monday. No. 47: The following holidays are recognized: New Year's Day, Memorial bay, Fourth of July; Labor Day, Veteran'a Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, New Year's Eve. The above mentioned*holidays can be changed by mutual agreement. When ` a holiday listed above falls on 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. NO. 48: All work done on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor y Day, Thanksgiving Day, day after Thanksgiving, Christmas Eve and Christmas Day shall be paid at the double time rate of pay. Should any of the above holidays fall on Sunday, the j following Monday shall be observed as the holiday. Should any of the above holidays fall on Saturday, the preceding Friday shall be observed as the holiday. NO. 49: The following days shall be observed as legal holidays and employees will receive eight (8) hours' pay at regular straight time hourly rate for each of these holidays: New Year'a Day, Decoration. Day, July 4th, Labor Day, Thanksgiving Day, Christman Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December 1 and March 1 of the following year. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday and if any of these holidays fall on Saturday, the preceding Friday will be observed as the holiday. If employees work on any of these holidays they shall be paid time S one-half (1SS) their regular rate of pay for all hours worked. . , i j ►u ..1 ANNUAL WAGE ORDER NO. 3 PAGE 4 OF S PAGES I r. a• 7 -� NO. 501 All work done on New Year's Day, Good Friday, Decoration Day, Fourth of July, Labor 1 Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. r If any Holiday falls on Sunday, the following Monday shall be recognized as the legal j holiday. ( NO. Slt A11 work done on New Year'a Day, Memorial Day, Independence Day, Labor. Day, Veteran's Day, Thanksgiving Day and Christmas Day, or days observed ae ouch, shall be paid at the 111 double time rate of pay. In the event one of the above holidays falls on Saturday, the holiday shall be celebrated on that day. If the holiday falls on Sunday, the holiday will be celebrated on Monday following. H0. 521 There are four (4) paid holidays and they are: Labor Day, Christmas Day, Memorial Day, and Independence Day. For these four (4) days, all regular employees shall be paid for eight (8) hours of pay computed at the regular straight time hourly rate, although no work is performed. Employees shall receive the double (2) time rate of pay for any work performed on these recognized holidays. NO. 531 All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed 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. When a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. NO. 541 All work done on New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) 1 time rate of pay. When a holiday falls on Saturday, it shall be observed on Saturday. when a holiday falls on Sunday, it shall be observed on Monday. NO. 551 All work done on New Year's Day, Independence ,Day, Labor Day, Memorial -' —, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and Two Floating Holidays Day, (to be f designated by the Company) shall be compensated at time and one-half (1%) the regular rate .1 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. ` 1 NO. 561 All• work done on New Year's- Day,, Decoration Day, Independence Day, Labor Day, ` �"•'f) Thanksgiving(which aChristmascd�yishall beecompensat d at the double time The rat aof after pay. When an observed holiday falls on Sunday, the following Monday shall be observed as the holiday. No work shall be performed on Labor Day except in cases of emergency, but when work is performed on this holiday, the employee shall be compensated at 'the triple (3) time rate of pay. p� NO. 57t All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day (November 11), Thanksgiving Day, and Christmas Day shall be compensated at the double (2) time rate of pay. When any of these holidays fall on a Sunday, the following .t Monday shall be observed. NO. 581 All work performed on New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, November 11th (Veteran's Day), Thanksgiving Day and Christmas Day shall be paid at the rate of double (2) time. No work shall be performed on Labor Day except for Preservation of life or property. �we�er,w3 ANNUAL WAGE ORDER NO. 3 PAGE 3 OF 3 PAGES ( r Heavy Construction Rates for COLE County REPLACEMENT PAGE Section r I CRAFTS - ectrve asic—ZSver• Date of Hourly Tirne Holiday Fri�e Benefit Pa ments �I s CARPENTERS Increase Rates Rates Rates i H 6 W I Pen. Vac, r.Tr r journeymen :Mill-wW i hts 5/96 �_$W.281 7 5 2.05 1 2.10 I 0.05 —� Pile Driver Worker 5/96 I $20.28, 7 5 2.05 2.101 0.05 OPERATING ENGINEERS —5 1 $20.281 7 5 2.05 2.101 0.051 - r I ,.- t f Grp I 5/96 i $18.30 5 Grou II 5/96 I 5 3.651 3.65 0.42 ANN.5! Grou III 5�6 $17.951 5 5 3.651 3.651 0.42 AN .55 . $17.751 3.651 3.651 0.42 ANN.'. Grou IV — -—�---.— 5 5 Oiler•Driver6 $15.001 5�5__ 3.651 3.65 i 0.42 ANN.5?_. ! $15.001 5 I 5 3.65' 3.65 0_421A_NN^55_ LABORERS - ' — ' General Laborers !_ ' I $17.30; I 2.301 2.10. 0.40 Skilled Laborers 1 5�6 2 t 4 _ I 5/96 $17.90 2 1 4 x.30 2.10 0.40 t i I I —` _— TRUCK DRIVERS TEAMSTERS I r— —�— - --1---' I Group l I -- 1 ! oup II i _$17.79: 2 i—4 2.40 2.00 --�— - $17.95: 2 --- _ _ i 1 Group 111 I I 1 4_T2.40;:2.00. Group IV $17.94' 2.40'1'200 — I I $18.06 2-Tq—i 2.401 L L - r � 'ANNUAL INCREMENTAL INCREASE ANNUAL WAGE ORDER NO.3 nn. ,. .., .,.4.=,.r.:.:i.....;..'.-::.. . ., ,,., .., ....... . . ..• . .-.... .»_.... X96 r. r OVERTIME RAT_E 5cumu E HEAVY CONSTRUCT_IQU •,, l N0. 1: Means eight (8) hours shall constitute a normal day's work Monday through Friday. J Projects may bi 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 (1)1). There are no provisions for make-up days on Friday or Saturday, work on these days will be paid at time and one-half 1131). On projects working five (5) day, eight (8) hour schedules (Monday through Friday), there is a provision called 150 hour window for forty (40) hours worked.- If inclement J weather causes a curtailment of work for projects operating under this S•8's schedule, the employer may invoke the -50 hour window for forty (40) hours, provision. The Employer can work the carpenter employees up to ten (10) hours per day at straight time, until the employee reaches forty (40) hours in that week. Any time worked over the daily, make-up schedule (9 or 10 hours per day) and forty (40) hours per week, would be paid at time & one-half MD. 'The ability of the Employer to alter their work schedule from the regular eight 8) hours per day to nine (9) or ten (20) hours per day at straight time , is only 7 applicable after the Employer on that job site has lost work hours which are to be made u by the expanded daily work+ho rs. Time & one-half (131) shall be paid for work performed on Saturdays. Double (2)time shall be paid for work performed on Sundays and recognized holidays. In such instances where a recognized holiday is observed during the work week, it shall be counted as eight (8) hours toward a forty (40) hour work week, then all work ^� performed over and above 32 hours in that week would be paid at the rate of time & one- half (13j). NO. 2: Means a regular work week of forty (d 0) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew •s prevented corm working forty (40) hours Monday through Friday, or any part thereof, b y reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate to complete forty (40) hours of work in a week. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not wa have beer, employed the entire week, shall work Saturday at the straight time rate. Time & one-half (135) shall be paid for all hours in excess of eight(8) hours per day (if working 5-81s) or ten (10) hours per day (if working 4-10's),oz forty (40) hours per week, Monday i7, through Friday: For all time worked on Saturday (unless Satulday or any portion of said day is worked as make-up to complete- forty hours), time and one-half (131) shall be ` For all time worked on Sunday and recognized paid. ognized holidays, double (2) time shall be paid. 1 NO. 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 (135). workers shall receive time and on e• I! half (135) for all work performed on Sundays and recognized holidays, where one of the holidays falls or is observed during the work week, then all work performed over and above i thirty-two (32) hours shall be paid at time and one half (135). No. 4: Means a regular work week shall consist of not more than forty (40) hours of work, Monday through Saturday, and all work performed over and above ten (10) hours per day and forty (40) hours per week shall be paid at the rate of time & one-half (13<). Workmen shall receive time and one-half (135) for all work performed on Sundays. N0. S: Means a regular work week may be Monday through Thursday (if working 4-10's) or Monday through Friday (if working 5.8's). Time & one-half (135) is paid when working in excess of ten (10) hours per day (if working 4.10's) and on Friday & Saturday unless Friday and/or Saturday is used as a make-up day. Time & one-half (135) is paid when working in excess of eight (8) hours per day (if working 5.8's), and on Saturday unless Saturday is used as a make-up day. All Sunday work shall receive double (2) time pay. NO. 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 OWE—half (135) 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 shall be paid for work performed on Sunday and holidays. At the discretion of the I Employer, Saturday can be used for a makeup day. ANNUAL WAGE ORDER NO. 3 w jjb,bek/c,mseffice/winword/WpSlconv/412lfilos/Avyot.4w3 3/96 1 J ( r i9�� ..�, n�m� aru�DtrrE HEAVY CONSTRUCTION NO. 7: Means the regular work day shall be either eight (8) or ten (10). hours. The f j regular work week shall start on Monday and end on Friday, except where the Employe elects to work Monday through Thursday, ten (30) hours per day. All work 0) hours in a week shall be at over ten (10) hours in a day or forty (4 e, , l{; Saturday shall be worked at time and(lon)e•halfc(W as worked on aSundaya shall be worked at i overtime double (2) time the,reqular rate of DnY• 1 ! No, g: Means eight (8) hours shall constitute a regular workday. Monday through Friday. Timerenular workday. �)An shi Employerpmay have the performed to schedule s his fworkw ek( from oMonday _ any g through excess Thursday at ten at inuanyponeddayato be straight applicable overtimeirate lofhotime and is and o oed due elects to wO snow, sleet falling) he shall through ave the option r, st pP -- work Friday at the straight time rate of pay to complete his forty l h hours. However, should a holiday occur, Monday through Thursday, the Employer shall have the option to workhFrid(y)5)tsthe straigh paidtfor work performed onmSaturdays.foDouble)(2)outime shall abe paid for work performed on Sundays and recognized holidays. Any Means willube paid at time and one half(1f5) rate. work may be scheduled on a four (4) days a week (Monday then throughmThursdusedaas ten o make-up day whenatimehisulost due to inclement weathep1oyAl1 work over ten lie hours a day or over forty (40) hours a week must be paid at time and one- schedule and dues to inclementsweatherdmis es any time,othenfheemayyswitchttoo a nine or ten hours a daylsche ul e� (10 hourimaketupeday). the 'work week in 'shall be to make up the paid at time and one-half (1)5). Double (2) time shall be paid for all time worked on Sundays and recognizeditoshallsbe counted ass eight' (8)ehours towardzad forty d(40)shour ewora during the work week, week, then-all work performed over and above-thirty-two (321 hours -in that week would,Y paid at the rate of time & one-half (1}0- r, No 10: Means n regular work week may be Monday through Friday of working S 8's) or in excess of gtenh(10)ayhoursy�perlday4 (iflworkingm4•l0'S)nMonday through Thursday wIfkthe �. 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 time straight time rate of pay to complete his forty (40) hours. All necessary overtime in w. , excess halfg(1i5)(8the hourly rateY a: Work performed ed on Sunday tand arecogrized holldaystshall and be paid at double (2) the hourly rate. o. 11: Means eight (8) hours shall be a regular work day beginning as early as 7:00 a.m. N or l over forty (40)1 hours per week)Daworked during gethem week,r Monday through 8Fr dayeandrforyall i work performed on Saturday. Double (2) time shall be paid for all time worked on Sunday and y recognized holidays. re ANNUAL WAGE ORDER NO. 3 i j 3/96 Sib,bck/e,m9otI icy/vi nwcrd/wDSlcoav/allti lam/bvyot.�Ml i t 111 HOLIDAY RATE SCHEDULE-HEAVY CONSTRUCTION „I No. 1: All work performed on New Year's Day, Decoration 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 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 (Fourth of July),Labor Day,Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of time and one-half(I%:). When a holiday fall on Saturday, Friday shall be observed. When a holiday falls on Sunday,Monday shall be observed. No work shag be performed on Labor Day except to save life or property. Where one of the bogdays specified fags or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shag be paid at the rate of time and one-half(I'/). No. 3: 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 rate of time&one- half(I%). When a holiday falls on Sunday,it sball be observed on the following Monday. 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 fags on a Sunday,Monday shall be observed. No.5: All work performed on New Year's Day,Decoration Day(Memorial Day),Independence Day (Fourth of July),Labor Day,Thanksgiving Day,Christmas Day,or days observed as such,shall be paid at the rate of double t(2)time. When a holiday falls on a Saturday,Friday shag be observed. When a holiday falls on a Sunday,Monday shag be observed. No work shag be performed on Labor except to save He or property. where one of the holidays specified falls or is observed during the work week. then ag work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1%n). No.6: All work done on New Year's 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 occurs on Saturday,it shall not be observed on either the previous Friday or the following Monday. Such days shag be a regular workday. If such a holiday occurs on Sunday,it shag be observed on the following Monday. No work shall be performed on Labor Day. N0.7:All work done on New Yeats 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 Labo.�ty. When any of the above holidays fall on Sunday,the following Monday shall be observed as such holiday. If a holiday fags on Saturday,it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. ' ANNUAL WAGE ORDER NO.3 3/96 :J I i REPLACEMENT PAGE j ll OUTSIDE ELECTRICNS ''' IA COMMERCIAL WORK (3 O L These rates are to be used in the following counties: Adair,Audrain, Boone, Callaway. Camden. Carter,Chariton,Clark, Cole.Cooper. Crawford, Dent, � Y , Franklin, Gasconade, Howard. Howe11.Iron.Jefferson.Knox Lewis, Lincoln. Linn.Macon, Manes, i'^ Marion. Miller, Monitcau, Monroe, Montgomery, Morgan, Oregon, Osage, Pcrry, Phelps. Pik . Pulaski.Putnam Rolls,Randolpb,Reynolds,Ripley.St.Charles,St.Francois.St.Louis City.St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Sbclby,Sullivan,Texas,Wan-cn. and Washington Classifications ate Effective Date of i Increase °Jowmcyman Lineman 523.02 9/96 - -Lineman Operator 520.61 9/96 { -Groundman 516.32 9/96 ' i Fringe Benefits i Health&Welfare -S2.00 Vacation Holidav Trust- 13'/."/" National Electricians Annuity Plan-22 910 i Apprenticeship&Training-3/4 of l C j National Elcc.Bcn.Fund-3 a` 7 UTiLMI WORK L Classifications Rate Effective Date of Increase -Joum*Tmn Lineman 522.61 9/96 Lineman Operator 519.51 9/96 s -Groundman 515.)0 9/96 j Fringe Benefits Health&Welfare -S2.00 Vacation Holiday Trust-10V4% National Electricians Annuity Plan- 19% Apprenticeship&Training-3/4 of 1% �d National Elec.Ben.Fund-3% m ' N N UAL TNCREMEv- AL INCREASE . oUTSTUP20 ANNUAL WAGE ORDER NO.3 9/96 i1 • t ts� r II - -- �._- �►._:� i . - --- ---air._ _ ��. __�_.-�,_ _ r.._�------�- ---- , • 1 REPLACEMENT PAGE OUTSIDE ELECTRICIANS ~ COMMERCIAL WORK OVERUN E RATE: Eight(8)hours shall constitute a work day between the hours of 7:00 a.m and 4:30 m,and forty 40 hours within five S days.Monday through Friday inchtsive,shall constitute P rty( ) ( ) Ys• Y 8h Y the work week. Work performed in the 9tb and IOtb hour,Monday through Friday,shall be paid at time and one-half(I Y2)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. HOLIDAY RATE: All work perfonrjcd on New Year's Day, Memorial Day,Fourth of July, Labor Day,Veteran's Day,Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. Whcn one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. I t 9 i i J r 1 l' -r WrSTURW ANNUAL WAGE ORDER N0.3 9/96 ZX t ; ' ^«vaa �a7ds`fDfi A+�A C K.f;°frFt7srx z�.•,v n»—. — —. _ .. _.._ r " t t tt y t ` t (I' tf 'i•Y n t GENERAL ( DECISiON S �I ri M09 700"'hoo f r � 7 r , March 1 4, 1997 mums X f t t 1 t � t j GENERAL DECISION M0970001 03/14/97 M01 General Decision Number M0970001 Superseded General Decision No. M0960001 i t t ; State: Missouri , Construction Type: HEAVY j HIGHWAY r- County(ies) : STATEWIDE HEAVY AND HIGHWAY CONSTRUCTION PROJECTS r lModification Number Publication Date p 02/14/1997 1 03/14/1997 COUNTY(ies) : j STATEWIDE r- r t 1 1 r r L t✓ ` 1 L .) t 4 , i L I y� •j� III...�� t, fjl � t -MO970001 - 03/14/97 ' r }1 �xt r �� t t ' t 'rf .:f� tt ' r St'� {• rt 1!f z i t f '� t r ., •:iftFQ Yµ'�FitCK¢x[M97PUr+�'•°M1^'""..mr+rti..rr]w.�.��5xx�ya•... .,..._.._. _... ... .........- ,. - — "'--` ... "wimalf�,'�"�f ,M,'V"} k:, t i tJ I rt x t'u' ! r T�Z 4 J t t y II CARP0007M 04/01/1996 Rates Fringes ".' CASS (Richards-Gebauer AFB ONLY), CLAY, JACKSON, r'7LATTE AND RAY COUNTIES CARPENTERS & PILEDRIVERS 19.65 4.87 ---------------------------------------------------------------- -I' CARP0008C 05/03/1995 J Rates Fringes ST. LOUIS COUNTY AND CITY CARPENTERS 23.19 4.77 CARPOO11A 05/01/1996 Rates Fringes CARPENTERS & PILEDRIVERS: JEFFERSON AND ST. CHARLES COUNTIES 23.19 4.60 FRANKLIN COUNTY 21.08 4.60 WARREN COUNTY 21.08 4.60 LINCOLN COUNTY 20.69 4.60 PIKE, ST. FRANCOIS, AND WASHINGTON COUNTIES 19.74 4.60 BUCHANAN, CASS, CLINTON, JOHNSON AND LAFAYETTE COUNTIES 18.78 4.00 . ATCHISON, ANDREW, BATES, CALDWELL, CARROLL, DAVIESS, DEKALB, GENTRY, ,1GRUNDY, HARRISON, HENRY, HOLT, LIVINGSTON, MERCER, NODAWAY, ST. CLAIR, SALINE AND WORTH COUNTIES 18.13 4.00 BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, TANEY, VERNON, WEBSTER, AND WRIGHT COUNTIES 17.88 4.00 CRAWFORD, DENT, GASCONADE, IRON, MADISON, MARIES, MONTGOMERY, PHELPS, PULASKI, REYNOLDS, SHANNON, AND TEXAS COUNTIES 19.03 3.80 AUDRAIN, BOONE, COOPER, AND HOWARD COUNTIES 19.88 3.80 BENTON, MORGAN AND PETTIS COUNTIES 18.58 3.80 LEWIS, MARION, AND BALLS COUNTIES 19.88 3.80 ,J CALLAWAY, COLE, MILLER, MONITEAU, AND OSAGE COUNTIES 19.88 3.80 ADAIR, CLARK, KNOX, PUTNAM, SCHUYLER, SCOTLAND AND SULLIVAN COUNTIES 19.88 3.80 „ CHARITON, LINN, MACON, MONROE, J RANDOLPH, AND SHELBY COUNTIES 19.88 3.80 BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MISSISSIPPI, NEW MADRID, PEMISCOT, PERRY, STE. GENEVIEVE, -� SCOTT, STODDARD AND WAYNE COUNTIES 20.65 3.70 CARTER, HOWELL, OREGON AND 2 -MO970001 - 03/14/97 �' i; RIPLEY COUNTIES 19.78 3.70 ---------------------------------------------------------------- •.,, ELEC0001B 0610111996 Rates Fringes BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, FRANKLIN, JEFFERSON, LINCOLN, MISSISSIPPI, NEW MADRID, PEMISCOT, PERRY, REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS, ST. LOUIS (City and ;. County) , STE. GENEVIEVE, SCOTT, STODDARD, WARREN, WASHINGTON AND WAYNE COUNTIES f ELECTRICIANS 22.90 12.55 ---------------------------------------------------------------- Ih ELEC0002D 09/01/1996 Rates Fringes ADAIR, AUDRAIN, BOONE, CALLAWAY, CAMDEN, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, FRANKLIN, GASCONADE, HOWARD, HOWELL, IRON, JEFFERSON, KNOX, LEWIS, LINCON, LINN, MACON, - MARIES, MARION, MILLER, MONITEAU, MONROE, MONTGOMERY, MORGAN, OREGON, OSAGE, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, BALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS, ST. - LOUIS (City and County) , STE. GENEVIEVE, SCHUYLER, SCOTLAND, _ SHANNON, SHELBY, SULLIVAN, TEXAS, WARREN AND WASHINGTON COUNTIES. LINE CONSTRUCTION: Lineman & Cable Splicer 23.02 39% + .2.00. Groundman Equipment Operator 20.61 39$ ± 2.00 ` Groundman Winch Driver 16.94 39%•+ 2.00 :! Groundman, Groundman Driver 16.32 , 39V 2.00 ' -------------------------------------------------------------- ELECO053F 0910111996 Rates Fringes BATES, BENTON, CARROLL, CASS, CLAY, HENRY, JACKSON, JOHNSON, LAFAYETTE, PETTIS, PLATTE, RAY, AND SALINE COUNTIES. LINE CONSTRUCTION: Lineman 24.46 7.88 Lineman Operator 22.84 7.50 Groundman Powderman 17.12 6.11 i Groundman 16.27 5.91 ANDREW, ATCHINSON, BARRY, BARTON, BUCHANAN, CALDWELL, CEDAR, _ CHRISTIAN, CLINTON, DADE, DALLAS, DAVIESS, DE KALB, DOUGLAS, GENTRY, GREENE, GRUNDY, HARRISON, HICKORY, HOLT, JASPER, LACLEDE, LAWRENCE, LIVINGSTON, MCDONALD, MERCER, NEWTON, NODAWAY, OZARK, - POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER, WORTH, AND r_ WRIGHT COUNTIES. LINE CONSTRUCTION: Lineman 23.53 7.66 1 Lineman Operator 22.36 7.37 1 Groundman Powderman 16.45 5.95 Groundman 15.22 5.65 ----------------------- 3 * M0970001 - 03/14/97 } ELEC0095C 0610111996 BARRY, BARTON, CEDAR, CR , Rates AWFORD Fringes NEWTON, ST CLA DApE IR, AND VERNON COUNTIES JASPER, LAWRENCE, MCDONALD, ELECTRICIANS: I — Electricians Cable Splicers 16.26 3.73+8% ------------------------------------------------------16.61 3.73+8� I ELECO124I 09/01/1996 PORTIONS OF CASS Rates Fringes , CLAY, JACKSON , AND PLATTE COUNTIES [Area bounded on the North by State Highway 92 in PLATTE & CLAY I COUNTIES; East by a straight line from Intersection of State Highway 92 & 33 in Clay County Intersection of U.S. Highway 24 & State Highway 7 in .Jackson County, on Hi Pleasant Hill; South from Pleasant Hillhdue Westwto theoMissouri Towns Of PleasantnHille&tBluetSpringsoare - Kansas State Line. -� g excluded) ELECTRICIANS 21.70 9. 11 ;J REMAINDER OF CASS, CLAY • BATES, BENTON , JACKSON AND PLATTE COUNTIES , HENRY, JOHNSON, LAFAYETTE & PETTIS COUNTIES ELECTRICIANS: Electrical Contracts exceeding 2,000 man hours 21.70 Electrical Contracts 2000 man 9.11 hours or less 20.70 ' .• 9.11 '., CARROLL, COOPER, MORGAN, RAY AND SALINE COUNTIES ELECTRICIANS: i Electrical Contracts exceeding J 2,000 man hours Electrical Contracts 2,000 man 21.70 9.11 hours or less 20.10 9.11 ELECO257C 0310111995 -------------------- AUDRAIN (Except, Cuivre Township), ates Fringes CHARITON, COLE, CRAWFORD, DENT,pGASCONADE,CALLAWAY, CAMDEN, MILLER, MONITEAU, OSAGE, PHELPS AND RANDOLPH COUNTIESRIES, Electricians Cable Splicers 18.68 4.95+13% ---- -------- ------1�_93- ELEC0350B 1210111996 -------------------- ADAIR, AUDRAIN (East of Hi hwa Rates Fringes CCON, MARION, MONROE g y 19) , CLARK, KNOX, LEWIS, LINN, OTLAND, SHELBY AND SULLIVANMCOUNTIESE� PUTNAM, BALLS, SCHUYLER, 47 ri ELECTRICIANS 21.44 6.25 -} 4 •MO970001 - 03/14/97 • . -- -------------------------------------------------------------- ELEC0453D 09/01/1996 Rates Fringes CHRISTIAN, DALLAS, DOUGLAS, GREENE, HICKORY, OREGON, OZARK, SHANNON, TEXAS, WEBSTER AND WRIGHT COUNTIES _ ELECTRICIANS 18.55 3.62+9% PULASKI COUNTY ELECTRICIANS 19.59 3.62+9% HOWELL, LACLEDE, POLK, STONE AND TANEY COUNTIES I ELECTRICIANS 13.75 3.02+6% --------------------------------------------------- ------ ELECO545D 06/01/1996 Rates Fringes ANDREW, BUCHANAN, CLINTON, DEKALB, ATCHISON, HOLT, MERCER, `« GENTRY, HARRISON, DAVIESS, GRUNDY, WORTH, LIVINGSTON, NODAWAY, AND CALDWELL COUNTIES ELECTRICANS 20.07 2.25+19.5% ---------------------------------------------------------------- ELEC0702D 09/04/1995 ; Rates Fringe's BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MADISON,. MISSISSI$PI, NEW MADRID, PEMISCOT, SCOTT, STODDARD AND WAYNE- COUNTIES LINE CONSTRUCTION: 1 Lineman 25.50 17%+2.00 Groundman Equipment Operator (all crawler type equipment - D-4 and larger) 21.87 17%+2.00 a Groundman - Class A 15.45 17%+2.00 ENGIO016A 05/01/1996 Rates Fringes BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, JASPER, LAWRENCE, HICKORY, LACLEDE, MCDONALD, NEWTON, OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER AND COUNTIES POWER EQUIPMENT OPERATORS GROUP 1 17.62 4. 15 GROUP 2 17.27 4. 15 i GROUP 3 17.07 4. 15 GROUP 4 15.02 4.15 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt finishing machine & trench widening spreader; j asphalt plant console operator; autograder; automatic slipform �.. paver; backhoe; blade operator - all types; boat operator - 5 - M0970001 - 03/14/97 j tow; boilers-2; central mix concrete plant operator; clamshell operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; —",drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader; hoisting engine - 2 ` active drums; launch hammer wheel; locomotive operator; - standard guage; mechanic and welders; mucking machine; off-road trucks; piledriver operator; pitman crane operator; push cat operator; quad trac; scoop--operator - all types; shovel operator; sideboom cats; skimmer scoop operators; trenching machine operator; truck crane. 1 j GROUP 2: A-frame; asphalt hot-mix silo; asphalt plant fireman (drum or boiler) ; asphalt plant man; asphalt plant man; asphalt plant mixer operator; asphalt roller operator; backfiller operator; barber-greene loader; boat operator (bridges and dams) ; chip spreader; concrete mixer operator - skip loader; concrete plant operator; concrete pump operator; crusher operator; dredge oiler; elevating grader operator; fork lift; greaser-fleet; r.a hoisting engine - 1; locomotive operator - narrow gauge; multiple compactor; pavement breaker; powerbroom - self-propelled; power ^� shield; rooter; side discharge concrete spreader; slip form finishing machine; stumpcutter machine; throttle man; tractor operator (over 50 h.p. ) ; winch truck. GROUP 3: Boilers - 1; chip spreader (front man) ; churn drill i operator; clef plane operator; concrete saw operator (self- propelled); curb finishing machirte; distributor operator; )finishing machine operator; flex plane operator; float operator; form grader operator; pugmill operator; roller operator, other than high type asphalt; screening & washing plant operator; siphons & jets; sub-grading machine operator; spreader box operator, self-propelled (not asphalt); tank car heater operator (combination boiler & booster); tractor operator (50 h.p. or less) ; Ulmac, Ulric or similar spreader; vibrating machine operator, not hand; ") GROUP 4: Grade checker; Oiler; Oiler-Driver HOURLY PREMIUMS: The following classifications shall receive $ .25 above GROUP 1 rate: Clamshells - 3 yds. or over; Cranes - Rigs or Piledrivers, 100 ft. of boom or over (including jib); Draglines - 3 yds. or over; Hoists - each additional active drum over 2 drums; Shovels - 3 yds. or over; The following classifications shall receive $ .50 above GROUP 1 rate: Tandem scoop operator; Cranes - Rigs or Piledr•i-vers, 150 ft. to 200 ft. of boom (including jib); Tandem scoop. j The following classifications shall receive $ .75 above GROUP 1 rate: Cranes - Rigs or Piledrivers, 200 ft. of boom or over (including jib.) . ------------------------------------------------------ -+ ENGIO101A 05/01/1996 Rates Fringes 6 • MO970001 - 03/14/97 i BUCHANAN, CASS (Except that part of the geographic boundaries of the Richard-Gebaur Air Force Base), CLINTON AND LAFAYETTE j COUNTIES i •+, POWER EQUIPMENT OPERATORS GROUP 1 17.85 6. 10 GROUP 2 17.50 6. 10 \' GROUP 3 15.45 6. 10 _ ANDREW, ATCHINSON, BATES, BENTON, CALDWELL, CARROLL, CHARITON, — COOPER, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HENRY, HOLT, HOWARD, JOHNSON, LINN, LIVINGSTON, MERCER, NODAWAY, PETTIS, SALINE, SULLIVAN AND WORTH COUNTIES ^ POWER EQUIPMENT OPERATORS GROUP 1 17.85 6. 10 GROUP 2 17.45 6.10 _ GROUP 3 15.45 6. 10 I POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt roller operator, finish; asphalt paver and spreader; asphalt plant operator; auto grader or trimmer or sub-grader; backhoe; blade operator (all types); boilers - 2; booster pump on dredge; bulldozer operator; boring machine _ (truck or crane mounted); clamshell operator; concrete mixer paver; concrete plant operator; concrete pump operator; crane - operator; derrick or derrick trucks; ditching machine; dragline_ _ operator; dredge engineman; dredge operator; drill cat with compressor mounted (self-contained) or similar type self- propelled rotary drill (not air tract); drilling or boring' ; machine (rotary-self-propelled); finishing machine operator,*. '' greaser; high loader-fork lift-skid loader (all types); -- hoisting engineer (2 active drums); locomotive operator i (standard guage); mechanics and welders (field and plants) ; mucking machine operator; pile drive operator; pitman crane or boom truck (all types) ; push cat; quad track; scraper operators (all types) ; shovel operator; sideboom cats; side discharge spreader; skimmer scoop operators; slip form paver operator (CMI, _ Rex, Gomeco or equal) ; la tourneau rooter (all tiller types); tow I boat operator; truck crane; wood and log chippers (all types). GROUP 2: A-frame truck operator; articulated dump truck; back i filler operator; boilers (1); chip spreader; churn drill operator; compressor; concrete mixer operator, skip loader; I concrete saws (self-propelled); conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor (all attachments); fireman rig; float operator; form grade operator; hoisting engine (one drum) ; maintenance operator; j multiple compactor; pavement breaker, self-propelled hydra-hammer (or similar type) ; paymill operator; power shield; pumps; roller operator (with or without blades); screening and washing plant; I self-propelled street broom or sweeper; siphons and jets; straw blower; stump cutting machine; siphons and jets; tank car heater operator (combination boiler and booster); welding machine; _ vibrating machine operator (not hand held) ; welding machine. {i GROUP 3: Oiler; oiler driver; mechanic. I HOURLY PREMIUMS: Wd — 7 ' MO970001 - 03/14/97 . I i THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .25) ABOVE GROUP 1 RATE: Dragline operator - 3 yds. & over; shovel 3 yds. & over; clamshell 3 yds. & over; Crane, rigs or piledrivers, 100' of boom or over (incl. jib.) , hoist - each /"I-) additional active drum over 2 drums THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .50) ABOVE GROUP 1 RATE: Tandem scoop operator; crane, rigs or piledrivers 150' to 200' of boom (incl. jib.) THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .75) ABOVE GROUP 1 RATE: Crane rigs, or piledrivers 200 ft. of boom or over (including jib. ) ENGIO101E 04/01/1996 Rates Fringes CASS (Richards-Gebaur Air Force Base ONLY), CLAY, JACKSON, PLATTE AND RAY COUNTIES POWER EQUIPMENT OPERATORS: GROUP 1 19.08 6.15 GROUP 2 18.07 6 .15 GROUP 3 13.75 6.15 GROUP 4 16 .99 6.15 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt roller operator,—finish; asphalt paver and spreader; asphalt plant operator; auto grader .or trimmer or sub-grader; backhoe; blade operator (all types) ; boilers-2; booster pump on dredge; boring machine (truck or crane mounted) ; bulldozer operator; clamshell operator; concrete mixer paver; concrete plant operator; concrete pump operator; crane operator; derrick or derrick trucks; ditching machine; dragline operator; dredge engineman; dredge operator; drillcat with compressor mounted (self-contained) or similar type self propelled rotary drill (not air tract) ; drilling or boring machine (rotary - "� self-propelled) ; finishing machine operator; greaser; high loader-forklift - skid loader (all types) ; hoisting engineer (2 active drums); locomotive operator (standard guage); mechanics and welders (field and plants); mucking machine operator; pile drive operator; pitman crane or boom truck (all types); push cat; quad-track; scraper operators (all types) ; shovel operator; side discharge spreader; sideboom cats; skimmer scoop operator; slip-form paver (CMI, REX, Gomaco or equal) ; la tourneau rocri�:r (all tiller types) ; tow boat operator; truck crane; wood and log chippers (all types) GROUP 2: "A" Frame truck operator; articulated dump truck; back filler operator; boilers (1) ; chip spreader; churn drill operator; concrete mixer operator, skip loader; concrete saws (self-propelled); conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor "j (all attachments); fireman rig; float operator; form grader operator; hoisting engine (1 drum) ; maintenance operator; multiple compactor; pavement breaker, self-propelled hydra- hammer. (or- similar type) ; power shield; paymill operator; 8 ' MO970001 - 03/14/97 i f • ' i �wr f i Pumps; siphons and jets; stump rutting machine; tank car heater operator (combination boiler and booster); compressor; roller operator (with or without blades); screening and washing plant; self-propelled street broom or sweeper; straw blower; r tank car heater operator (combination boiler and booster); j vibrating machine operator (not hand held) GROUP 3: Oilers l GROUP 4: Oiler Driver (All Types) r FOOTNOTE: �•, HOURLY PREMIUMS FOLLOWING; CLASSIFICATIONS SHALL RECEIVE ($.25) ABOVE GROUP 1 {7 RATE: Clamshells - 3 yd. capacity or over; Cranes or rigs, 80 ft. of boom or over (including jib) ; Draglines, 3 yd. capacity or over; Piledrivers 80 ft. of boom or over (including jib); Shovels & backhoes, 3 yd. capacity or over. --------------------------------- ENGI0513D 05/06/1996 Rates Frines FRANKLIN, JEFFERSON, LINCOLN, ST CHARLES,, AND WARREN COUNTIES r- POWER EQUIPMENT OPERATORS: GROUP 1 GROUP 2 21.72 8.30 �^^ GROUP 3 20.42 : .: 8.30'8.30 17.42 . ...__ ._ . '.:. .:... .:. _.... _ , GROUP 4 19. .7 8'.30. . . _ 5 POWER EQUIPMENT OPERATORS CLASSIFICATIONS ` GROUP 1: Backhoe, Cable; Backhoe, Hydraulic (2 cu yds bucket and under regardless of attachment, one oiler for 2 or 3, two oilers for 4 through 6); Backhoe, Hydraulic over 2 cu yds; Cableway; Crane, Crawler or Truck; Crane, Hydraulic - Truck or Cruiser mounted, 16 tons and over; Crane, Locomotive; crane with boom including jib over 100 ft from pin to pin; Crane using rock socket tool; Derrick, Steam; Derrick Car and Derrick Boat; Dragline, 7 cu yds and over; Dredge; Gradall, Crawler or tire mounted; Locomotive, Gas, Steam 6 other powers; Pile Driver, Land or Floating; Scoop, Skimmer; Shovel, Power (Electric, Gas, Steam or other powers) ; Shovel, Power (7 cu yds and over)'; Switch Boat; Whirley; Air Tugger with air compressor; Anchor Placing Barge; Asphalt Spreaker; Athey Force Feeder Loader, self-propelled; Backfilling Machine; Boat Operator - Push Boat or Tow Boat (job site) ; Boiler, High Pressure Breaking in Period; Boom Truck, Placing or Erecting; Boring Machine, Footing Foundation; Bullfloat; Cherry Picker; Combination Concrete Hoist and Mixer (such as Mixermobile); Compressor, Two 125 CFM and under; Compressor, Two through Four over 125 CFM; Compressor when operator runs throttle; Concrete Breaker (Truck or Tractor mounted); Concrete Pump (such as Pumperete machine); Concrete Saw (self-propelled); Concrete Spreader; Conveyor, Large (not y'y selfpropelled) hoisting or moving brick and ccrcrete into, or into and on floor level, one or both; Crane, Cimbing (such as Linden) ; Crane, Hydraulic - Rough Terrain, self-propelled; Crane, \_... r) Hydraulic - Truck or Cruiser mounted - under 16 tons; Drilling 9 ' MO970001 - 03/14/97 f k� r • • i i^r , machine - Self-powered, used for earth or rock drillin g or boring (wagon drills 4nd any, hand drills obtaining power from other souces including concrete breakers, jackhammers and Barco equipmnet no engineer required) ; Elevating Grader; Engine Man, _Dredge; Excavator or Powerbelt Machine; Finishing Machine, self- propelled oscillating screed; Forklift; Generators, Two through Six 30 HW or over; Grader, Road with power blade; Greaser; Highlift; Hoist, Concrete and Brick (Brick cages or concrete skips operating or on tower, Towermobile, or similar equipment); l Hoist, Three or more drums in use; Hoist, Stack; Hydro-Hammer; Lad-A-Vator, hoisting brick or concrete; Loading Machine such as Barber-Greene; Mechanic on job site GROUP 2: Air Tugger with plant air; Boiler fo shell of building or temporary enclos r (fr ures r or power or heating I construction work); Boiler, Temporary; Compressor, One over 125 CFM; Compressor, truck mounted; Conveyor, Large (not self- propelled); Conveyor, Large (not self- propelled) moving brick and concrete (distributing) on floor level; Curb Finishing Machine; Ditch Paving Machine; Elevator (outside) ; Endless Chain Hoist; Fireman (as required) ; Form Grader; Hoist, One Drum -i regardless of size (except brick or concrete); Lad-A-Vator, other -I hoisting; Manlift; Mixer, Asphalt, over 8 cu ft capacity; Mixer, one bag capacity or less; Mixer, without side loader, two bag capacity or more; Mixer, with side loader, regardless of size, not Paver; Mud Jack (where mud jack is used in conjenction with an air compressor, operator shall be paid $ .55 per hour in addition to his basic hourly rate for covering both operations); Pug Mill operator-,- Pump, Sump - self powered, automatic controlled over 2 Scissor Lift (used for hoisting) ; Loader; Sweeper, Street; Skid Steer under with grader blade�and asimilar mequipment;tWeldingHMachine, ..J One over 400 amp; Winch, operating from truck GROUP 3: Boat operator - outboard motor, job site; Conveyors (such as Con-Vay-It) regardless of how used; Elevator (inside) ; 1 Heater operator, 2 through 6; Sweeper, Floor GROUP 4: Crane type I HOURLY PREMIUMS: Backhoe, Hydraulic 2 cu yds or less without oiler - $2.00; Crane, climbing (such as Linden j ) - $ •50; Crane, Pile Driving and Extracting g - $ .50; Crane with boom (including job) over 100 ft from pin to pin - $ .50 (add $ .01 per foot to maximum of $2.00) • Crane, using rock socket tool - $ .50; Derrick, diesel, gas or ..J electric hoisting material and erecting steel (150 ft or more I . above ground) - $ .50; Dragline, 7 cu yds and over - $ .50; Hoist, Three or more drums in use .50;Shovel, Power - 7 cu yds and over •50; S �coop, Tandem - $ $ Crawler - $ .50; Tunnel, man assigned to work tunnel or tunnel shaft-- $-•50; Wrecking, when machines are working on second JI floor or higher - $ .50 ;. ----- --- ------------------------------------------------------ ENGI0513G 05/01/1996 Rates Fringes 10 'M0970001 - 03/14/97 I i i ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE I •' GIRARDEAU, CARTER, CLARK COLE, CRAWFORD GASCONADE, HOWELL � � DENT, DUNKLIN, MARION, MILLER , IRON, KNOX, LEWIS, MACON, MADISON, MARIES, MORGAN, NEW MADRID, MONITEAU, MONROE, MONTGOMERY, r MORGA I OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, , PUTNAM, BALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON, AND WAYNE COUNTIES POWER EQUIPMENT OPERATORS GROUP 1 GROUP 2 18.30 8.27 GROUP 3 17.95 8.27 GROUP 4 17.75 8.27 15.00 8.27 { POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Asphalt finishing machine & trench widening spreader, asphalt plant console operator; autograder; automatic slipform paver; back hoe; blade operator - all types; boat operator tow; boiler two; central mix concrete plant operator; clam shell M operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; ry drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader; hoisting engine 2 active drums; launchhammer wheel; locomotive operator standrad guage; mechanics and welders; mucking machine; piledriver L p ! operator; pitman crane operator; SCOOP operator; sideboomcats; skimmerescdopeoperator; trenching•- machine operator; truck crane, shovel operator. ' GROUP 2: A-Frame; asphalt hot-mix silo; asphalt roller o erato r asphalt plant fireman (drum or boiler); asphalt plant man; P asphalt plant mixer operator; backfiller operator; barber-greene ry loader; boat operator (bridge & dams) mixer operator skip loader; concrete plantpoperatorr�concretee PUMP operator; dredge oiler; elevating graded operator; fork i lift; grease fleet; hoisting engine one; locomotive operator narrow guage; multiple compactor; self-propelled; power shied; rooterVeslip-formkfinishingbroom machine; stumpcutter machine; side discharge concrete spreader; throttleman; tractor operator (over 50 hp); winch truck; asphalt roller operator; crusher operator. � GROUP 3: Spreader box operator, self-propelled not asphalt; ' tractor operator (50 h.p, or less); boilers one; chip spreader (front man); churn drill operator; compressor over 105 CFM 2-3 pumps 4" & over; 2-3 light plant 7.5 KWA or any combination thereof; clef plane operator; compressor maintenance operator 2 or 3; concrete saw operator (self-propelled) ; curb finishing _ mancine; distributor operator; finishing machine operator; flex Plane operator; float operator; form grader operator; pugmill r , operator; riller operator other than high t 9 type as screening & washing plant operator; siphons & jets; subgrading machine L Operator; tank car heater (combination boiler & booster); ulmac, ulric or similar spreader;. -vibrating machine operator; 1 hydrobroom. • .w 11 'MO970001 - 03/14/97 1 L GROUP 4: Oiler; grout machine; oiler driver; compressor over 105 CFM one; conveyor operator one; maintenance operator; pump 4" & �.x over one. N - __N�FOOTNOTE: i° HOURLY PREMIUMS FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($.25) ABOVE GROUP 1 RATE Crane with 3 yds. & over buckets; dragline operator 3 yds. & over; shovel 3 yds. & over; piledrivers all t clamshell 3 yds. & over; hoists each additional activeedrum over 2 drums FOLLOWING CLASIFICATION SHALL RECEIVE ($.50 ABOVE GROUP 1 RATE Tandem scoop operator, crane, rigs over 100 feet (incl. jib) .01 �. per foot. ---------------------------------------------------------------- _ ENGIO513H 05/01/1996 _.� ST. LOUIS CITY AND COUNTY Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 21.77 GROUP 2 21.77 8.31 GROUP 3 19.87 8.31 GROUP 4 16.87 8.31 GROUP 5 8.31 16.41 8.31•' POWER EQUIPMENT OPERATOM-CLASSIFICATIONS GROUP 1: Backhoe, cable or hydraulic; crawler or truck; crane, hydaulic-truck mounted 16 tons & over; crane locomotive; derrick, steam; derrick car & derrick boat; dragline; dredge; gradall, crawler or tire mounted; locomotive, gas, steam & other powers; pile driver, land or floating; scoop, skimmer; shovel, power (steam, gas, electric, or other powers) ; switch boat; whirley. GROUP 2: Air tugger w/air compressor; anchor-placing barge; asphalt spreader; athey force feeder loader (self- �J propelled); backfilling machine; backhoe-loader; •boat operator-push boat or tow boat (job site); boiler, high pressure breaking in period; boom truck, placing or erecting; boring machine, footing foundation; bull- float; cherry picker; combination concrete hoist & mixer (such as mixer mobile); compressor (when operator runs throttle); concrete -breaker (truck or tractor mounted) ; concrete pump, such as pump-crete machine; concrete saw (self-propelled), concrete spreader; JMoving brickrand(concrete intoelordintooandion floor :n level, one or both; crane, hydraulic-rough terrain, self-propelled; crane hydraulic-truck or cruiser mounted-under 16 tons; drilling machines, self-powered use for earth or rock drilling or boring (wagon drills and any hand drills obtal-ning power from other sources 1 12 M0970001 - 03/14/97 i s including concrete breakers, jackhammers and barco equipment-no engineer required); elevating grader; engineman, dredge; excavator or powerbelt machine; finishing machine, self-propelled oscillating screed; r i forklift; grader, road with power blade; highlift; I greaser; hoist, stack, hydro-hammer; loading machine (such as barber-greene) ; machanic, on job site; mixer, pipe wrapping machines; plant asphalt; plant, concrete producing or ready-mix job site; plant heating-job site; plant mixing-job site; plant power, generating-job site; pumps, two through six self-powered over 211; pumps, electric submersible, two through six, over 411; quad- track; roller, asphalt, top or sub-grade; scoop, tractor drawn; spreader box; sub-grader; tie tamper; tractor- crawler, or wheel type with or without power unit, power take-offs and attachments regardless of size; trenching machine; tunnel boring machine; vibrating machine automatic, automatic propelled; welding machines (gasoline or diesel) two through six; well drilling imachine GROUP 3: Conveyor, large (not self-propelled); con-; veyor., large (not self-propelled) moving brick and concrete distributing) on floor level; mixer two or more mixers of one bag capacity or less; air tugger w/plant air; boiler, for power or heating on construction projects; boiler, temporary; compressor (mounted on truck; curb finishing machine; ditch paving machine; elevator; endless chain hoist; form grader; hoist, one drum _ regardless of size; lad-a-vator; manlift; mixer, asphalt, _ t, over 8 cu. ft. capacity, without side loader,,.2. bag capacity or more; mixer, with side. loader, regardless � . . of size; pug mill operator; pump, sump-self-powered, automatic controlled over 2" during use in connection with construction work; sweeper, street; welding machine, one over 400 amp. ; winch operating from truck; scissor lift (used for hoisting) ; tractor, small wheel type 50 h.p. i & under with grader blade & similar equipment • S GROUP 4: Boat operator-outboard motor (job site) ; conveyor (such as con-vay-it) regardless of how used; sweeper, floor GROUP 5: Oiler on dredge and on truck crane; crane with boom (including jib), over 1001from pin to pin (add 1 cent per foot to maximum of $2.00) above basic rate for crane work in tunnel r or tunnel shaft, $ 0.50 above base rate; mud jack where mud Jack is used in conjunction with an air compressor operator i fifty-five cent per hour additional to his basic rate for r covering both•operations) HOURLY PREMIUMS: Backhoe, hydraulic 2 cu. yds. or under without oiler $2.00 Crane, climbing (such as Linden) .50 Crane, pile driving and extracting s Crane, with boom (including jib) over ; 100' (from pin to pin) add $.01 per foot to maximum of 4.00 13 M0970001 - 03/14/97 2 i *• Crane, using rock socket tool .50 Derrick, diesel, gas or electric, i hoisting material and erecting steel (150' or more above ground) .50 Dragline, 7 cu, yds. and over .50 I - Hoist, three (3) or more drums in use .50 Scoop, Tandem .50 Shovel, power - 7 cu. yds. or more .50 Tractor, tandem crawler .50 Tunnel, man assigned to work in tunnel or tunnel shaft .50 Wrecking, when machine is working on second floor or higher --------------------------------------------------50------------ ; IRON0010M 04101/1996 Rates Fringes BUCHANAN, CASS (Remainder of County), JOHNSON, and LAFAYETTE Counties ' IRONWORKERS 19.66 6.72 ANDREW, ATCHISON, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDER CHARITON, CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DE KALB, GENTRY, GREENE, GRUNDY, HARRISON, HENRY, HICKORY, HOLT, HOWARD, LACLEDE, LINN, LIVINGSTON, MERCER, MONITEAU, MORGAN, NODAWAY, PETTIS, POLK, PUTNAM, RANDOLPH, ST. CLAIR, SALINE, SULLIVAN, VERNON, WEBSTER, WRIGHT and WORTH ' Counties; and portions of ADAIR, BOONE, MACON, MILLER, and -� RANDOLPH Counties IRONWORKERS 16.66 6.72 ----------------------------- ----------------------------------- IRONOO1OU 04/01/1996 Rates Fringes CLAY, JACKSON, PLATTE, RAY COUNTIES j and that portion of CASS COUNTY i lying within the boundaries of the military reservation known as RICHARDS-GEBAUR AIR FORCE BASE IRONWORKERS 20.46 5.97 ---------------------------------------------------------------- i IRON0321C 0610111996 Rates Fringes DOUGLAS, HOWELL, OZARK AND TANEY COUNTIES .� IRONWORKERS 13.85 5.56 ---------------------------------------------------------------- JIRON03960 07/31/1996 Rates Fringes "¢T. LOUIS (City and County), ST. CHARLES, JEFFERSON, IRON, RANKLIN, LINCOLN, WARREN, WASHINGTON, ST. FRANCOIS, STE. GENEVIEVE, and REYNOLDS Counties; and portions of MADISON, PERRY, BOLLINGER, WAYNE, and CARTER Counties 14 'MO970001 - 03/14/97 IRONWORKERS 21.81 8.45 ----------------------------------------------------------------- r IRON0396I 08/01/1996 Rates Fringes AUDRAIN, CALLAWAY, COLE, CRAWFORD, DENT, GASCONADE, MARIES, y MONTGOMERY, OSAGE, PHELPS, PIKE, PULASKI, TEXAS, and WRIGHT Counties; and portions of CAMDEN, DOUGLAS, HOWELL, MILLER, OREGON, BOONE, SHANNON, LACLEDE, MONROE, and RALLS Counties IRONWORKERS 16.87 8.42 �-- ---------------------------------------------------------------- _ IRON0577F 06/01/1996 Rates Fringes ADAIR, CLARK, KNOX,. LEWIS, MACON, MARION, MONROE, BALLS, SCHUYLER, SCOTLAND, AND SHELBY COUNTIES I� j IRONWORKERS 16.70 6.71 r ---------------------------------------------------------------- r IRON0584E 06/01/1996 L Rates Fringes C" BARRY, JASPER, LAWRENCE, MCDONALD, NEWTON AND STONE Counties 1 IRONWORKERS 16.00 5.97 f: ---------------------------------------------------------------- IRON0782D 05/01/1996 Rates Fringes —'� CAPE GIRARDEAU, MISSISSIPPI, NEW MADRID, SCOTT, *&'STODDARD 1 Counties; and portions of BOLLINGER, BUTLER, CARTER, DUNKLIN, MADISON, PEMISCOT, PERRY, RIPLEY, and WAYNE Counties IRONWORKERS: - All Major River Work (Dams, Bridges) : - Projects $20 million or more 19.40 6.81 h r All Other Work: Projects $1.5 million or more 17.05 6.52 G Projects less than $1.5 million 16.20 6.52 _ --------------------------------------------------------------- * LABO0042C 03/03/1997 Rates Fringes ST. LOUIS (City and County) LABORERS: — Plumber Laborers 20.65 5.50 ---------------------------------------------------------------- E 1 * LABO0042H 03/05/1997 Rates Fringes ST. LOUIS (City and County) i 15 ' MO970001 - 03/14/97 Moir II Li } I LABORERS: Laborers, Flagperson 20.46 5.50 Dynamiter, Powderman 20.96 5.50 ---------------------- ------------------------------------------ _ � LAB00424B 05/01/1996 j I Rates Fringes FRANKLIN COUNTY LABORERS GROUP 1 18.75 4.80 GROUP 2 19.35 4.80 JEFFERSON COUNTY LABORERS GROUP 1 18.80 4.80 GROUP 2 19.40 4.80 i ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE GIRARDEAU, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, DUNKLIN, GASCONADE, HOWARD, HOWELL, IRON, KNOX, LEWIS, LINN, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONITEAU, MONROE, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WASHINGTON, AND WAYNE COUNTIES LABORERS GROUP 1 17.30 4.80 GROUP 2 17.90 4.80 LINCOLN, MONTGOMERY AND WARREN COUNTIES LABORERS I GROUP 1 17.55 4.80 GROUP 2 18.15 4.80 i LABORERS CLASSIFICATIONS JGROUP 1 - General laborer-flagman, carpenter tenders; salamander Tenders; Dump Man; Ticket Takers; loading trucks under bins, hoppers, and conveyors; track man; cement handler; dump man on earth fill; georgie buggie man; material batch hopper man; spreader on asphalt machine; material mixer man (except on f manholes); coffer dams; riprap pavers rock, block or brick; �1 scaffolds over ten feet not self-supported from ground up; skip -1 man on concrete paving; wire mesh setters on concrete paving; all work in connection with sewer, water, gas, gasoling, oil, f "{ drainage pipe, conduit pipe, tile and duct lines and all of-her J pipe lines; power tool operator; all work in connection with hydraulic or general dredging operations; form setters, puddlers -� (paving only); straw blower nozzleman; asphalt plant platform man; chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material; ' topper of standing trees; feeder man on wood pulverizers, board and willow mat weavers and cabelee tiers on river work; deck -+ hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 ft. where compressed air is not "i 16 'MO970001 - 03/14/97 MIN i J • i used; abutement and pier hole men working six (6) ft. or more below ground; men working in coffer dams for bridge piers and j footing in the river; barco tamper; Jackson or any other similar tamp; cutting torch man; liners, curb, gutters, ditch lines; hot mastic kettlemen; hot tar applicator; hand blade operator; mortar men or brick or block manholes; rubbing concrete, air tool I operator under 65 lbs.; caulker and lead man; chain or concrete saw under 15 h.p. ; signal Gan; Guard rail and sign erectors. — GROUP 2 - Skilled laborers - Vibrator man; asphalt raker; head pipe layer on sewer work; batterbcard man on pipe and ditch work; cliff scalers working from bosun's chairs; scaffolds or platforms on dams or power plants over 10 ft. high; air tool operator over 65 lbs. ; stringline man on concrete paving; sandblast man; laser beam man; wagon drill; churn drill; air track drill and all other similar type drills, gunite nozzle man; pressure grout man; screed man on asphalt; concrete saw 15 h.p. and over; grade checker; strigline man on electronic grade control; manhole builder; dynamite man; powder man; welder; tunnel man; — waterblaster - 1000 psi or over; asbestos and/or hazardous waste I removal and/or disposal ------- — LABOO579F 05/01/1996 Rates Fringes — BUCHANAN, CASS AND LAFAYETTE COUNTIES LABORERS GROUP 1 15.18 - ' 5.10 i GROUP 2 15.53 5.10 ANDREW, ATCHISON, BARRY, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDAR, CHRISTIAN, CLINTON, DADE, DALLAS, DAVIESS, _ DEKALB, DOUGLAS, GREENE, GENTRY, GRUNDY, HARRISON, HENRY, ` Y, HOLT, JASPER, JOHNSON, LACLEDE, LAWRENCE, LIVINGSTON, HICKORY, ` HICKORLD, MERCER, MORGAN, NEWTON, NODAWAY, OZARK, PETTIS, POLK, W ST. CLAIR, SALINE, STONE, TPNEY, VERNON, WEBSTER, WORTH AND i WRIGHT COUNTIES. LABORERS 14.03 4.85 J GROUP 1 14.58 4.85 GROUP 2 I _ LABORERS CLASSIFICATIONS GROUP 1: General Laborers - Carpenter tenders; salamander tenders; loading trucks under bins; hoppers & conveyors; track men & all other general laborers; air tool opereto=riecbuenie man; handler-bulk or sack; dump man on earth fill; g q qq material batch hopper man; material mixer man (except on — manholes); coffer dams; riprap pavers - rack, block or brick; — scaffolds over ten feet not self-supported from ground up; -. concre skipman on concrete paving; wire mesh setters on on with sewer, water, gas, g asolineteoilving; -. z all work in connecti drainage pipe, conduit pipe, tile and duct lines and all other pipe lines; power tool operator, all work in connection with p uddlers (paving only) ; Y° hydraulic or general dredging operations; p straw blower nozzleman; asphalt plantlplatform man; chuck M0970001;- 03/14/97 d • r crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material or materials (where special protection is required) ; topper of standing trees; batter board man on pipe and ditch work; feeder man on wood pulverizers; _board and willow mat weavers and cable tiers on river work; deck hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 feet where compressed air is not used; abutment and pier hole men working six (6) feet or more below ground; men working in coffer dams for bridge piers and footings in the river; ditchliners; pressure groutmen; caulker; chain or concrete saw; cliffscalers working from scaffolds, ' bosuns chairs or platforms on dams or power plants over (10) feet above ground; mortarmen on brick or block manholes; signal man; I GROUP 2: Skilled Laborers - Head pipe layer on sewer work; laser beam man; Jackson or any other similar tamp; cutting torch man; form setters; liners and stringline men on concrete paving, curb, gutters; hot mastic kettleman; hot tar applicator; sandblasting ~, and gunite nozzlemen; air tool opperator in tunnels; screed man on asphalt machine; asphalt raker; barco tamper; churn drills; air track drills and all similar drills; vibrator man; stringline man for electronic grade control; manhole builders-brick or block; dynamite and powder men; welder; grade checker on cuts and fills. ---------------------------------------------------------------- "1 J LAB00660C 05/01/1996 ; Rates Fringes ^� ST. CHARLES COUNTY i 3 LABORERS (BRIDGES LOCKS & DAMS ON THE MISSISSIPPI RIVER) : GROUP 1 17.85 4.25 GROUP 2 18.10 4.25 M GROUP 3 18.35 4,25 _ GROUP 4 19.375 4.25 LABORERS CLASSIFICATIONS (BRIDGES, LOCKS AND DAMS ON THE MISSISSIPPI RIVER] GROUP 1 - General laborers GROUP 2 - Work in septic tanks, cess pools, or dry wells (old or new); all feeders, mixers and nozzle men on gunnite or sand- blasting work; water blaster; sand blaster; vibrator 3" or j over; handling creosoted material; Raking or luting asphalt, burning or cutting with torch; work on bottom of sewer trenches on final grading, laying or caulking of preformed sectional sewer pipe; high time 20 ft or over where laborers are exposed to an open fall (if adequate guard rails or other safety measures are provided are provided this shall not apply to excavations); motor buggy operator; any work performed in or on j all types of cased wells; the cooking, mixing, applying of i mastic such as Sulfa-Seal and or other coal derivatives ` GROUP 3: Mason and plaster tenders WAi GROUP 4: Dynamite men and powder men ---------------------------------------------------------------- 18 •M0970001 - 03/14/97 j t x • s • i. i * LAB00660H 03/05/1997 Rates Fringes ST. CHARLES COUNTY •„ LABORERS (ALL OTHER WORK) : GROUP 1 19.67 5.12 GROUP 2 20.17 5.12 " LABORERS CLASSIFICATIONS _ (ALL OTHER WORK) GROUP 1: General laborer; carpenter tender; salamander tender; dump man; ticket takers; flagman; loading trucks under bins, - hoppers, and conveyors; track men; cement handler; dump man on earth fill; Georgie buggie man; material batch hopper man; spreader on asphalt machine; material mixer man (except on - manholes) ; coffer dams; riprap paver - rock, block, or brick; signal man; scaffolds over 10 ft not self-supported from ground up; skipman on concrete paving; wire meth setters on concrete paving; all work in connection with sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe, the and duct lines and all other pipe lines; power tool operator; all work in connection with hydraulic or general dredging operations; form - setters; puddlers (paving only) ; straw blower nozzleman; _ asphalt plant platform man; chuck tender; crusher feeder; men j handling creosote ties or creosote materials; men working with and handling epoxy material; topper of standing trees; ,feeder man on wood pulverizer; board and w llow mat weavers' and 'cable tiers on river work; deck hands; pile dike and revetment:•work; _ _all laborers working on underground tunnels less .tha'n `25 'ft where compressed air is not used; abutment-and pier hole men j j working 6 ft or more below ground; men working in coffer dams for bridge piers and footings in the river; Barco tamper, I Jackson or any other similar tamp; cutting torch man; liners, curb, gutters, ditchliners; hot mastic kettleman; hot tar applicator; hand blade operators; mortar men on brick or block manholes; rubbing concrete; air tool operator under 65 pounds; + i j caulker and lead man; chain saw under 15 hp; guard rail and -- I sign erectors � — I GROUP 2: Vibrator man; asphalt raker; hand pipe layer on sewer work; batterboard man on pipe and ditch work; cliff scalers working from Bosun's chairs, scaffolds or platforms on dams or - power plants over 10 ft high; air tool operator over 65 pounds; stringline man on concrete paving etc.; sand blast man; laser beam man; wagon drill; churn drill; air track drill and all other similar type drills; gunnite nozzle man; pressure grout man; screed man on asphalt; concrete saw 15 hp and over; grade checker; stringline man on electronic grade control; manhole builder; dynamite man; powder man; welder; tunnel man; waterblaster - 1000 psi and over; asbestos and/or hazardous _ waste removal and or disposal; ---------------------------------------------------------------- I " LAB00663D 04/01/1996 ? Rates Fringes CASS (Richards-Gebaur Air Force Base ONLY) CLAY, JACKSON, PLATTE, AND RAY COUNTIES p• 19 ' M0970001 - 03/14/97 • i LABORERS: GROUP 1 17.18 5.10 GROUP 2 18.04 5.10 GROUP 3 15.18 5.10 LABORERS CLASSIFICATIONS GROUP 1: General laborers, Carpenter tenders, salamander tenders, loading trucks under bins, hoppers and conveyors, track men and all other general laborers, air tool operator, cement handler (bulk or sack) , chain or concrete saw, deck hands, dump man on earth fill, grade checkers on cuts and fills, Georgie Buggies man, material batch hopper man, scale man, material mixer man (except on manholes) , coffer dams, abutments and pier hole men working below ground, riprap pavers rock, black or brick, —• signal man, scaffolds over ten feet not self-supported from ground up, skipman on concrete paving, vibrator man, wire mesh setters on concrete paving, all work in connection with sewer, water, gas, gasoling, oil, drainage pipe, conduit pipe, tile and j duct lines and all other pipelines, power tool operator, all work I . in connection with hydraulic or general dredging operations, form I setter helpers puddlers (paving only) , straw blower nozzleman, asphalt plant platform man, chuck tender, crusher feeder, men handling creosote ties on creosote materials, men working with i and handling epoxy material or materials (where special r J protection is required), tooper of standing trees, batter board man on pipe and ditch work, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, j �/tile dike and revetment work, all laborers working on underground unnels less than 25 feet where compressed air is not used, abutment and pier hole men working six (6) feet or more below I ground, men working in coffer dams for bridge piers and footings in the river, ditchliners, pressure groutmen, caulker and chain or concrete saw, cliffscalers working from scaffolds, bosuns' --11 chairs or platforms on dams or power plants over (10) feet above a ground, mortarmen on brick or block manholes, signal man. ? GROUP 2: Skilled Laborer - spreader or screed man on asphalt machine, asphalt raker, laser beam man, barco tamper, Jackson or J any other similar tamp, wagon driller, churn drills, air track I drills and other similar drills, cutting torch man, form setters, liners and stringline men on concrete paving, curb, gutters and etc., hot mastic kettleman, hot tar applicator, hand blade operators, mortar men on brick or block manholes, sand blasting and gunnite nozzle men, rubbing concrete, air tool operator in tunnels, head pipe layer on sewer work, manhole builder (brick or mJ block), dynamite and powder men, welder GROUP 3: Dump man, ticket taker on—stock piles or fla-gmen �V PAIN0002B 1996 01 09 J / / Rates Fringes i CLARK, FRANKLIN, JEFFERSON, LEWIS, LINCOLN, MARION, PIKE, BALLS, ` . T. CHARLES, ST. LOUIS (CITY & COUNTY), AND WARREN COUNTIES PAINTERS: Brush 19.60 6.66 20 M0970001 - 03/14/97 t 4 6 t. Spray 21.60 6.66 ---------------------------------------------------------------- �.. I PAIN0003D 04/01/1996 (" Rates Fringes '+! BATES, BENTON, CALDWELL, CARROLL, CASS, CLAY, CLINTON, COOPER, �1^ DAVIESS, GRUNDY, HARRISON, HENRY, JACKSON, JOHNSON, LAFAYETTE, LIVINGSTON, MERCER, MONITEAU, MORGAN, PETTIS, PLATTE, RAY AND �• SALINE COUNTIES PAINTERS: Brush & Roller; Taper; - Bazooka; Lead Abatement 18.75 4.15 Paperhanger 19.25 4.15 Storage Bin & Tanks (Roller or Brush) ; Elevated Tanks (Roller or Brush) ; Stageman; Beltman; t Bridgeman; Steelman; Sand Blast (Base); Elevator Shaft 19.50 4.15 Sprayman 19.75 4.15 Sandblast (Bridge, Stage, Erected Steel and Storage Bin and Tanks) 20.25 4. 15 - Sprayman (Storage Bin & Tanks, Elevated Tanks) ; Stageman (Spray) ; _ Bridgeman (Spray); Steelman (Spray) 20.50 4.15 Steeplejack (other than Elevated Tanks) 23.44 ; 4.15• Steeplejack -Spray or Sandblast ---(other than Elevated Tanks) -----24_44 4.15 ——————————————————————————— —————————,—--- ——————— - �•n ! .. + PAIN0098B 05/01/1996 Rates Fringes ANDREW, ATCHISON, BUCHANAN, DE KALB, GENTRY, HOLT, NODAWAY & WORTH COUNTIES PAINTERS: ^ Brush & Roller 17.25 4.25 - Sandblasters 18.25 4.25 _ Steeple Jack 20.25 4.25 PAIN0203B 10/01/1996 Y Rates Fringes BARRY, BARTON, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, i HICKORY, HOWELL, JASPER, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER and WRIGHT COUNTIES PAINTERS: Brush, Taper, Sprayman, and Paperhanger 16.08 3.13 r I Sandblasters & Highman (over 40 ) 16.38 3.13 - i --- ----------------------------------------------------------- PAIN1185C 04/16/1996 21 M0970001 - 03/14/97 r . , 1 � Rates Fringes ADAIR, AUDRAIN, BOONE, CALLAWAY, CHARITON, COLE, GASCONADE, HOWARD, KNOX, LINN, MACON, MONROE, MONTGOMERY, OSAGE, PUTNAM, RANDOLPH, SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES and the City of Booneville. PAINTERS: J Brush, Roller, Paperhanger, Taper, Structural Steel; Epoxy (Water Base ONLY); Steam Removal of Wallpaper 15.50 1.00 -. Structural Steel Brush or Roller; Epoxy Brush or Roller; Epoxy Structural Steel 16.00 1.00 Spray, Structural Steel (Over 50' high); Sandblasting; Epoxy Spray 16.50 1.00 Structural Steel Brush or Roller (50' high); Stage Brush or Roller 17.50 1.00 -� Epoxy Structural Steel (50' high) ; Epoxy Stage Structural Steel 18.00 1.00 ---------------------------------------------------------------- PAIN1265C 07/01/1996 f Rates Fringes CAMDEN, CRAWFORD, DENT, LACLEDE, MARIES, MILLER, PHELPS, PULASKI AND TEXAS COUNTIES PAINTERS: Brush and Roller 15.50 5.86 Spray, Structural Steel, Sandblasting and all Tank Work 16.75 5.86 Lead Abatement 17.75 5.86 ------------------------------------------------------------- --- PAIN1292B 07/01/1996 Rates Fringes BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, REYNOLDS, RIPLEY, SCOTT, SHANNON, STODDARD and WAYNE COUNTIES PAINTERS: Commercial & Light Industrial 13.75 3.37 Heavy Industrial (Brush& Roller) 16.25 3.37 Bridges (Brush, Roller & Spray) 19.50 3.37 ( Spray (Except Commercial) 14.75 3.37 Sandblasting & Waterblasting 17.00 3.37 Pressure Washing 13.75 3.37 Height Rates (All Areas) : 50' to 75' per hour ($0.75) 75' to 150' per hour ($1.50) 150' and over (each additional 50' ;7 add $.50 per hour) -- - -- - ------------------ 22 'M0970001 - 03/14/97 PAIN1292F 07/01/1996 r- Rates ges IRON, MADISON, ST. FRANCOIS, STE. GENEVIEVE and WASHINGTON COUNTIES 11 4 •' PAINTERS: Commercial and Light Industrial 15.85 3.37 Heavy Industrial (Brush & Roller) 16.85 3.37 �•_. Bridges (Brush, Roller & Spray) 19.50 3.37 Spray Painting (Except Commercial) 16.85 3.37 Sandblasting and Waterblasting 17.50 3.37 Pressure Washing 15.85 3.37 Height Rates (All Areas) : 50' to 75' per hour $0.75 • 75' to 150' per hour 1.50 150' and over (each additonai 50' add $0.50 per hour) ---------------------------------------------------------------- r PLAS0368C 04/01/1995 Rates BENTON, CALLAWAY, CAMDEN, COLE, GASCONADE, HENRY, HICKORYnges JOHNSON, MARIES, MILLER, MONTGOMERY, MORGAN, OSAGE, PETTIS, SALINE, & ST. CLAIR COUNTIES CEMENT MASONS 17.56 1.00 • ---------------------------------------- PLAS0518G 04/01/1996 CASS (Richards-Gebaur AFB only), ates Fringes::...: COUNTIES Y)� CLAY, JACKSON, PLATTE AND RAY CEMENT MASONS 18.50 5.43 ---------------------------------------------------------------- y ' I PLAS0518K 04/01/1995 y Rates Fringes ANDREW, ATCHISON, BUCHANAN, BATES, CALDWELL, CARROLL, CASS (Except Richards-Gebaur AFB) CLAY, CLINTON, DAVIESS, DEKALB, u i. GENTRY, GRUNDY, HARRISON, HOLT, JACKSON, LAFAYETTE, LIVINGSTON, MERCER, NODAWAY, PLATTE, RAY AND WORTH COUNTIES CEMENT MASONS 18_10 �. PLAS0527A 0510111996 JEFFERSON, ST. CHARLES COUNTIES Rates Fringes AND ST. LOUIS (City and County) CEMENT MASONS 20.58 7.76 - FRANKLIN, LINCOLN, AND WARREN COUNTIES -CEMENT MASONS 19.41 76 µ ------------------------------------------------------- ------ 23 •MO970001 - 03/14/97 „� F. PLAS0527D 05/01/1996 Rates Fringes i •�, ;�� CRAWFORD, DENT, IRON, MADISON, MARION, PHELPS, PIKE, PULASKI, RALLS, REYNOLDS, ST. FRANCOIS, STE. GENEVIEVE, SHANNON, TEXAS, " �+IASHINGTON COUNTIES CEMENT MASONS 18.00 j -------------------------------- PLAS0908A 05/01/1996 Rates Fringes BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, RIPLEY, SCOTT, STODDARD, AND WAYNE COUNTIES CEMENT MASONS 16.15 1 ---------------------------------------------------------------- PLAS0908D 04/17/1995 Rates BARRY, BARTON, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, Fringes GREENE, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, TANEY, VERNON, WEBSTER, AND WRIGHT COUNTIES CEMENT MASONS 14.60 .80 J PLUM0008C 12/01/1996 Rates Fringes i CASS, CLAY, JACKSON, JOHNSON, PLATTE COUNTIES f PLUMBERS -' 23.64 5.77 BATES, BENTON, CARROLL, HENRY, LAFAYETTE, MORGAN, PETTIS, RAY, ST. CLAIR, SALINE, AND VERNON COUNTIES I PLUMBERS 21.20 ---------------------------------------- '"� PLUM0035C 01/01/1997 J Rates Fringes CAMDEN, COLE, CRAWFORD, FRANKLIN, JEFFERSON, MARIES, MILLER, MONITEAU, OSAGE, PHELPS, PULASKI, ST. CHARLES, ST. LOUIS (City and County), WARREN and WASHINGTON COUNTIES ., PLUMBERS 22.855 9.02 I-------------------------------------- f * PLUM0045D 03/01/1997 j Rates Fringes ANDREW, ATCHISON, BUCHANAN, CALDWELL, CLINTON, DAVIESS, DEKALB, GENTRY, HARRISON, HOLT, NODAWAY AND WORTH COUNTIES PLUMBERS & PIPEFITTERS 21.00 6.60 ----------------------------------- „>PLUM0178D 1010111996 Rates Fringes BARRY, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, 24 'MO970001 - 03/14/97 I LACLEDE, LAWRENCE, POLK, STONE, TANEY, WEBSTER, AND WRIGHT COUNTIES PLUMBERS & PIPEFITTERS 19.51 4.96 (" . ---------------------------------------------------------------- PLUM0317B 07/01/1995 ^ Rates Fringes BOONE, CALLAWAY, COOPER, HOWARD, AND RANDOLPH COUNTY (Southern half) PLUMBERS & PIPEFITTERS 19.18 3.17 -- ---------------------------------------------------------------- PLUM0533E 12/01/1996 Rates Fringes BATES, BENTON, CARROLL, CASS, CLAY, HENRY, HICKORY, JACKSON, JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY, SALINE, ST. CLAIR AND VERNON COUNTIES PIPEFITTERS 23.28 7.63 — ---------------------------------------------------------------- !_ PLUM0562D 0110111996 Rates Fringes L.. ADAIR, AUDRAIN, BOLLINGER, BUTLER, CAMDEN, CAPE GIRARDEAU, CARTER, CHARITON, CLARK, COLE, CRAWFORD, DENT, DUNKLIN, FRANKLIN, _ GASCONADE, GRUNDY, HOWELL, IRON, JEFFERSON, KNOX, LEWIS, LINCOLN, i LINN, LIVINGSTON, MACON, MADISON, MARIES, '•MARION, MERCER, MILLER, — MISSISSIPPI, MONITEAU, MONROE, MONTGOMERY, NEW MADRID, NORTHERN HALF OF RANDOLPH, OREGON, OSAGE, PEMISCOTT, PERRY, PHELPS, PIKE, PULASKI, P'UTNAM, RALLS, REYNOLDS, RIPLEY, 'ST. CHARLES, ST. FRANCOIS, STE. GENEVIEVE, ST. LOUIS, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WARREN, WASHINGTON, — AND WAYNE COUNTIES. PIPEFITTERS 24.25 10.28 ---------------------------------------------------------------- - PLUM0658B 07/01/1995 Rates Fringes BARTON, JASPER, MCDONALD, AND NEWTON COUNTIES PLUMBERS & PIPEFITTERS 16.02 3.83 ---------------------------------------------------------------- TEAM0013H 05/01/1996 Rates Fringes j FRANKLIN, JEFFERSON, AND ST. CHARLES COUNTIES j TRUCK DRIVERS: — GROUP 1 25.26 GROUP 2 25.37 r^ GROUP 3 25.41 L GROUP 4 25.48 LINCOLN AND WARREN COUNTIES 25 M0970001 - 03/14/97 f 1 TRUCK DRIVERS: GROUP 1 23.91 GROUP 2 24.02 GROUP 3 24.06 GROUP 4 24.13 ,. AUDRAIN, BOLLINGER, BOONE, CALLAWAY, CAPE GIRARDEAU, CARTER, COLE, CRAWFORD, DENT, GASCONADE, IRON, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONROE, MONTGOMERY, NEW MADRID, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, RALLS, REYNOLDS, ST. FRANCOIS, STE. GENEVIEVE, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON, AND WAYNE COUNTIES TRUCK DRIVERS: GROUP 1 17.79 4.40 GROUP 2 17.95 4.40 GROUP 3 17.94 4.40 GROUP 4 18.06 4.40 , ADAIR, BUTLER, CLARK, DUNKIN, HOWELL, KNOX, LEWIS, OREGON, PUTNAM, RIPLEY, SCHUYLER, AND SCOTLAND COUNTIES ^-� TRUCK DRIVERS: f GROUP 1 17.06 4.40 ( . GROUP 2 17.22 4.40 i GROUP 3 17.21 4.40 GROUP 4 17.33 4.40.. TRUCK DRIVERS CLASSIFICATIONS: I *• � GROUP l: Flat Bed Trucks, Single Axle; Station Wagons; Pickup Trucks; Material Trucks, Single Axle; Tank Wagon, Single Axle GROUP 2: Agitator and Transit Mix Trucks GROUP 3: Flat Bed Trucks, Tandem Axle; Articulated Dump Trucks; Material Trucks, Tandem Axle; Tank Wagon, Tandem Axle GROUP 4: Semi and/or Pole Trailers; Winch, Fork & Steel Trucks; Distributor Drivers and Operators; Tank Wagon, Semi-Trailer; Insley Wagons, Dumpsters, Half-Tracks, Speedace, Euclids and other similar equipment; A-Frame �T and Derrick Trucks; Float or Low Boy TEAM0245C 03/25/1996 Rates Fringes BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DALLAS, DENT, DOUGLAS, GREENE, HICKORY, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, MILLER, NEWTON, OZARK, PHELPS, POLK, PULASKI, SHANNON, STONE, TANEY, TEXAS, VERNON, WEBSTER AND WRIGHT COUNTIES TRUCK DRIVERS: Traffic Control Service Driver 12.30 3.88+a PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday nd 2 personal days. ----------------- -- -------------Y p y ------- ---------- ---------- 26 M0970001 - 03/14/97 TEAM0541A 04/01/1996 Rates Fringes CASS (Richards-Gebaur AFB) , CLAY, JACKSON, PLATTE, AND RAY COUNTIES TRUCK DRIVERS: GROUP 1 18.28 5.65 � 'r�t1 GROUP 2 17.80 5.65 GROUP 3 17.34 5.65 r. TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Mechanics and Welders, Field; A-Frame Low Boy-Boom i Truck Driver. -' GROUP 2: Articulated Dump Truck; Insley Wagons: Dump Trucks, Excavating, 5 cu yds and over; Dumpsters; Half-Tracks: �^ Speedace: Euclids & similar excavating equipment. Material trucks, Tandem Two teams; Semi-Trailers; r Winch trucks-Fork trucks; Distributor Drivers and Operators; Agitator and Transit Mix; Tank Wagon Drivers, Tandem or Semi; One Team; Station Wagons; j Pickup Trucks; Material Trucks, Single Axle; Tank !' ! Wagon Drivers, Single Axle j GROUP 3: Oilers and Greasers - Field 1 ---------------------------------------------------------------- 7 TEAM0541B 05/01/1996 Rates = -• Fringes BUCHANAN, CASS (Except Richards-Gebaur AFB) , JOHNSON, AND LAFAYETTE COUNTIES TRUCK DRIVERS: GROUP 1 18.70 4.40 GROUP 2 18.81 4.40 GROUP 3 18.85 4 .40 GROUP 4 18.92 4 .40 ANDREW, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDAR, CHARITON, CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DEKALB, DOUGLAS, GREENE, HENRY, HICKORY, HOWARD, JASPER, LACLEDE, LAWRENCE, LINN, LIVINGSTON, MONITEAU, MORGAN, NEWTON, PETTIS, j POLK, RANDOLPH, ST CLAIR, SALINE, VERNON, WEBSTER, AND WRIGHT COUNTIES — TRUCK DRIVERS: GROUP 1 17.49 4.40 GROUP 2 17.64 4.40 GROUP 3 17.65 4.40 GROUP 4 17.76 4.40 ATCHISON, BARRY, GENTRY, GRUNDY, HARRISON, HOLY, MCDONALD, MERCER, NODADWAY, OZARK, STONE, SULLIVAN, TANEY AND WORTH ` COUNTIES TRUCK DRIVERS: i �) GROUP 1 16.76 4.40 GROUP 2 16.91 4.40 27 •M0970001 - 03/14/97 GROUP 3 16.92 4.40 GROUP 4 17.03 4.40 TRUCK DRIVER CLASSIFICATIONS ;110�ROUP 1: Flat bed trucks single axle; station wagons; pickup trucks; material trucks single axle; tank wagons single axle. GROUP 2: Agitator and transit mix-trucks. GROUP 3: Flat bed trucks tandem axle; articulated dump trucks; material trucks tandem axle; tank wagons tandem axle. GROUP 4: Semi and/or pole trailers; winch, fork & steel trucks; distributor drivers & operators; tank wagons semi- J trailer; insley wagons, dumpsters, half-tracks, speedace, euclids & other similar equipment; ----------A_frames-and-derrick trucks; float or law boy. ----------------------------------- TEAM0541C 03/25/1996 Rates Fringes BATES, CASS, CLAY, HENRY, JACKSON, JOHNSON, LAFAYETTE, PLATTE, AND RAY COUNTIES TRUCK DRIVERS: - Traffic Control Service Driver 12.30 1.86+a t a. PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th, _ . Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and 2 personal days. t ---------------------------------------------------------------- TEAM0682D 05/01/1996 Rates Fringes i ST LOUIS CITY AND COUNTY TRUCK DRIVERS: GROUP 1 19.57 5.375+a GROUP 2 19.77 5.375+a �J1 GROUP 3 19.87 5.375+a TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - Pick-up trucks; forklift, single axle; flatbed trucks; job site ambulance, and trucks or trailers of a water level capacity of 11.99 cu. yds. or less GROUP 2 - Trucks or trailers of a water level capacity of 12.0 cu yds. up to 22.0 cu yds. including euclids, speedace and similar equipment of same capacity and compressors iGROUP 3 - Trucks or trailers of a water level capacity of 22.0 „)cu. yds & over including euclids, speedace & all floats, flatbed �+ trailers, boom trucks, winch trucks, including small trailers, farm wagons tilt-top trailers, field offices, tool trailers, 1 28 MO970001 - 03/14/97 t- i concrete pumps, concrete conveyors & gasoline tank trailers r" and truck mounted mobile concrete mixers FOOTNOTE FOR TRUCK DRIVERS: 7 a. PAID HOLIDAYS: Christmas Day, Independence Day, Labor Day, < Memorial Day, Veterans Day, New Years Day, Thanksgiving Day PAID VACATION: 3 days paid vacation for 600 hours of I service in any one contract year; 4 days paid vacation for 800 hours of service in any one contract year; 5 days paid vacation for 1,000 hours of services in any one contract years. ------------------------------- WELDERS - Receive rata prescribed for craft performing operation to which welding is incidental. ------------------------------------------ — Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (v)) . ------------------------------- In the listing above, the "SU" designation means that rates — listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS — 1.) Has there been an initial decisidn, in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a Position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. i With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations r Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 29 M0970001 - 03/14/97 r s ' , F77 j 2. ) If the answer to the question in 1.) is yes, then an b t action can request interested party (those affected y he ) f review and reconsideration from the Wage and Hour Administrator See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: `µr Wage and Hour Administrator U.S. Department of Labor ` 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. A Washington, D. C. 20210 4. ) All decisions by the Administrative Review Board are final. f J END OF GENERAL DECISION ti it _l 4 J i t F 1 1 I' YYYYYY J{ 30 •MO970001 - 03/14/97 S 1 .:�..-.—....-'� �wrw.:wffl+n`Y•11+t:lY:�'SN wSl...ie. a.. ..... ar.- ..•.,......'..,..,,.....,....s-.....,...I.,..v....v.`.n.....r,w..:..<..n... _,...... _.. ..,n .,«.r.__ __ .,. 11 ,nJ • 1� }f v - I + AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW 1 _ I, the undersigned, of lawful age, first ! wj being duly sworn, state to the best of my information and belief as follows: t 1. That I am employed as by 2. That was awarded a public works contract for Project No.10002, London Way(CDBG 96-ED-11). II 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 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.) ,1 FURTHER AFFIANT SAYETH NAUGHT. �' • ' AFFIANT 1, +I Subscribed and sworn to before me this day of 19 NOTARY PUBLIC J My Commission Expires: STATE OF MISSOURI ) )ss COUNTY OF ) ' t x a s f ? s �y � F ' 1 1 f l EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION 1 1, the undersigned, of lawful ago, 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 ' i works contract for Project No. 10002, London Way(CDBG 96-ED-11). 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 'r requirements upon contractors and subcontractors engaged in a public j works construction project in the State of Missouri. 1 4. Although there is a period of excessive unemployment in the State of Missouri,which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or ., improvements, an exception applies as to the hiring of i since no Missouri laborers or laborers from non-restrictive states are available or capable i' of performing FURTHER AFFIANT SAYETH NAUGHT. i AFFIANT 6 Subscribed and sworn to before me this day of 1 g NOTARY PUBLIC My Commission Expires: APPROVED BY: .:, CITY OF JEFFERSON, MO DIRECT OR OF PUB LIC W O RKS � ,. �. , , IJ ,f , t CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this %��.t�day of }'V — gg;f by and between Don Schnieders Excavating Company, Inc., reinafter called "Contractor", 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 j and for constructing the following improvements: -� Project No. 10002, London Way(CDBG 96-ED-11) 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 o perform,and to perform,said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, by or before August 15, 1997(approximately 103 calendar days from a notice to i proceed to be issued May 5, 1997)from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. Prevailing Wages.g g 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 j and Industrial Relations of the State of Missouri, and as established by the Federal i 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, Section 026,Cole County as Issued April B, - 1996 and last modified in September,1996;and General Decision M0970001as t� last modified on March 14, 1997 in which the rate of wages is set forth. The ,J 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 J performed under the terns of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the 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 stipulated rates for any work done under MEN- 1 ~i ' 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: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. l . I (b) Contractor's Public Liability Insurance in an amount not less than f $1,000,000 for all claims arising out of a single occurrence and$100,000 for any one person in a single accident or occurrence, except for those claims governed by the i 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 i claims arising out of a single accident or occurrence and$100,000 for any one person j in a single accident or occurrence. (c) Automobile Liabilitv Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance-The Contractor shall also obtain 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 1 governed by the provisions of the Missouri Workmen's Compensation Law, Chapter J 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. r ' —�1 (e) Subcontracts-In case any or all of this work is sublet, the Contractor shall I require the Subcontractor to procure and maintain all insurance required in �. J Subparagraphs (a), (b), and(c) hereof and in like amounts. - l (f) Scope of Insurance and Special Hazard The insurance required under Sub-paragraphs (b)and(c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by it,and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f) is construed to require the procurement of Contractor's protective insurance(or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. loomi'. a i 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall I cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as I applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create iany contractual relations between any subcontractor and the City or between any _ subcontractors. I i i 5. Liquidated Damages. The Director of Public Works may deduct One Thousand ($1000.00) Dollars per day from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any j separable part thereof, with such diligence as will insure the completion by the time j above specified, or any extension thereof, or fails to complete the work by such time, _f as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's j control and without fault or negligence on Contractor's part or the part of its agents. 6. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to the Contractor,without prejudice to any other j. . 4 rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. %. City's Right to Proceed. In the event this contract is terminated pursuant to i Paragraph 6, then the City may take over the work and prosecute the same to -� completion,by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. J In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of,the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. JB. Indemnity. The Contractor agrees to defend, indemnify, and save the City u, harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any Injuries ll J a i or damages received or sustained by any person or persons, or their property, by Contractor, its servants,agents or subcontractors in the construction of said work, or a by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor,its servants,agents,or subcontractors, or arising out of the award of this contract to Contractor. 9. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to r Insure the payment of all materials and labor used in the performance of this contract. 10. Supplies. The Contractor is hereby authorized and directed to utilize the City's J sales tax exemption in the purchase of goods and materials for the project as set out In Section 144.062 RSMo 1986 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 11. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract j Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 16, 1997 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder.The-total amount of this contract shall not exceed Four Hundred Sixteen Thousand Eight Hundred Thirteen and 00/100($416,813.00) Dollars. 12. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions J c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the J Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar 1 provision In all subcontracts let or awarded hereunder. =NNW J is , r i 14. Notices. All notices required to be in writing may be given by first class mail i addressed to the Director of Public Works, City of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and the Contractor at 1307 Fairgrounds Road, Jefferson City, MO 65109. The date of delivery of any notice shall be the second full i day after the day of its mailing. ! -� 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. 16. IN TI;STIMONY WHE EOF,the parties have here nto set their hands and seals this `� —day of. L 19 fi CITY OF JEFFERSON, MISSOURI Mayor I APPROVED A ORM ATTEST: �+ ounselo dty Clerk J CONTRACTOR I; Tale: v;�e Qres;vf v .lam ATTEST: Mill! 111 1111 J f. god f { 1 t; tf. �r F" •.`v'��'iff Y,.'i 7j5F�n'�i#1��''","ti;+.i"7..� 3tL SeeyT'lt' i{;;ut;u<,•,..... ...n.+..,,,.w,.••«.w .. ,--.� .. -,_..--.... _ '.,:.�.�.;. '" 1 r' 1 r .tl • f. r t. It it I 1 ...r.ew,w.e.n�.�..,n.e...�.�.+o,..�wo ._...�.a......�....-_..v.�+s�v..+�..�+e�++�.a.r�+.-.,�,.rr.-.._r..r,..r..��...r.--•. ..-^..-..-•�..- x I , ' COIRD nnrE(MA/no vv)LT . 04123119-97 PRODUCER ,','•2; 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ; Winter-Dent & Co. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P•, "Dox 1096;101 Eaat McCarty ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0 son City, O 65102 Y. COMPANIES AFFORDING COVERAGE I COMPANY A Continental Western Ina. Co. INSURED COMPANY r� Don sc8niedora Excavating IPjSUflA i Company, Inc, COMPANY 1307 Fairgrounds Road C Jefferson City, MO 65109 COMPANY >y 3CXN00 D L .,... COVERAGES , I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, J EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LTR DATE(MM/DDNY) DATE(MM/DD/YY) LIMITS • OENERALUABILITY 9NA31-20 1011011996 1011011997 GENERAL AGGREGATE $ 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGO S 2000000 CLAIMS MADE X❑OCCUR PERSONALS ADV INJURY $ 1000000 OWNER'SSCONTRACTOR'SPPOT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(Any ono tiro) S 50000 MED EXP(Any ono parson) S 5000 • AUTOMOBILE LIABILITY 9NA31-21 10/10/1996 1011011997 XCOMBINED SINGLE LIMIT $ ANYAUTO 1000000 ALLOWNEDAUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) ' HIRED AUTOS BODILY INJURY S ' yRM1,y NON-OWNED AUTOS (For accldenl) PROPERTY DAMAGE $ GARAGEUABILITY AUTO ONLY•EA ACCIDENT $ ANYAUTO OTHER THAN AUTO ONLY: , EACHACCIDENT $ AGGREGATE $ A EXCESS LIABILITY SNA31-22 1011011996 1011011997 EACH OCCURRENCE $ 1000000 X UMBRELLAFORM AGGREGATE $ 1000000 ' OTHER THAN UMBRELLA FORM y A WORKERS COMPENSATION AND SNAJI-10 1011011996 1011011997 CSTAT X OTH• i EMPLOYERS'UABIUTY i • ELEACHACCIDENT S 1000000 THEPROPRIETOR/ X INCL EL DISEASE•POLICY LIMIT S 1000000 PARTNERS'EXECUTNE OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE S 1000000 OTHER I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS PROJECT: LONDON WAY (CDBG 96-SD-11) PROJECT NO. 10002 G•�R'J'Ol1CA'(E:HtlCb�l�'.CXTY.73:.;.CTTY.T3 . , ':, ;. . . , ..::.CANCEI:UITION;,. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE `•' °1 CITY OF JEFFERSON EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL `h 320 EAST MCCARTY STREET , DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, JEFFERSON CITY, MO 65101 BUT F RE TO MAIL SUCH NOTICE SHALL I POSE NO OBLIGATION OR LIABILITY OF AIM Y KIND UPON THE COMPANY, 11 AGENTS OR REPRESENTATIVES. ApRf3:2 AUTHORI 01 TA R V RAT10N.tCL C ARD CORPC Ir 4 . .f .y _ t �I�► loft k :INSURANCE BINDER DATE(A,M/DDN1� .. .:_.>..:... ...:: ....... . ...:: :..: .:I.:.:.. -, ..: / / 997 04 23 1 ' THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, ., PRODUCER PHONED Etl). COMPANY DI USER• p i ^� Winter-Dent & Co. CONTINENTAL WESTERN INS C A-Sclaroo-Oca P. O. BOX 1046;101 East McCarty D EFFE TIVE ME DATE PINAil O ME- Jsfferson City, MO 65102 X AM X 12:01 AM 0412311997 12:01 PM 0412311998 NOON THIS BINDER IS ISSUED TO E)GEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SLID CODE: PER EXPIRNG POLICY N; AGENCY DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY(Including L-11on) INSURED City of Jefferson Divner's Contractor's Protective 320 East McCarty Street rVability Policy- Project: London Way (CDBG 96-ED-11), Project No. 10002 I{ Jof£oraon City, NO 65101 COVERAGES , MIT,: TYPEOF INSURANCE COVERAGE/FORMS AMOUNT DEDUCTIBLE COINS% PROPERTY CAUSESOFLOSS BASIC �BROAD❑SPEC GENERALLIABILITY GENERAL AGGREGATE $ 1000000 COMMERCIAL GENERAL UABIUTY PRODUCTS-COMP/OP AGG S CLAIMS MADE 7OCCUR PERSONAL&ADV INJURY S X OWNER'S&CONTRACTOR'S PROT EACHOCCURRENCE S 1000000 FIRE DAMAGE(Any one Rre) $ PETRO DATE FOR CLAIMS MADE: MED EXP(Any one person) $ , AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S_ , ANYAUTO BODILY INJURY(Per person) $ L OWNED AUTOS BODILY INJURY(Per accident) $ HEDULEDAUTOS PROPERTY DAMAGE $ 'HIRED AUTOS MEDICALPAYMENTS $ NON-OWNED AUTOS PERSONAL INJURY PROT $ j UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE ,I iCOLLISION: STATED AMOUNT S OTHER THAN COL:_ OTHER ' GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESSUABWTY EACH OCCURRENCE S . UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ STATUTORY UMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYER'S LIABILITY DISEASE-POLICY LIMIT S DISEASE-EACH EMPLOYEE $ SPECIAL CONDITIONS/ Don Scbnieders EXC4Vating Company Is responsible for payment of COVERAGES remium and audit NAIIMi di'ALIUiTESS ....:..: MORTGAGEE ADDITIONAL INSURED _ LOSS PAYEE X r LOAN N AUTHORIkED OEPRESENT#nVE UMOau... ........ ACUiiI376rS(f2(93) ::':: : ::7 NOTE:IMPORTANT.STATE IN FORfJIATIQN:QNREVERE&SIDE vACORD C115R0ORATI0N:1'903'. IL IIZ )t. II ' i 1 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 policy(les)In current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured In accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy,the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California I 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'. Applicable In Delaware The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a lien on real j property shall accept as evidence of Insurance a written binder issued by an authorized insurer or Its agent if i 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 i within the term of the binder unless the lender and the Insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation;except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of Insurance coverage. Chapter 21 Title 25 Paragraph 2119 f Applicable In Nevada Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof Is required: (A) Shall be fined not more than$500.00,and(B) is liable to the party presenting the binder as proof of Insurance for actual damages sustained therefrom. I Vt Iwl r'. 3� 'A OHD 75.5(12193) CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned,_ ,I the duly authorized and acting legal representative of _ do hereby certify as follows: -1 W� I have examined the attached contract(s) and surety bonds and the manner of execution thereof,and I am of the opinion that each of the aforesaid agreements has _.J been duly executed by the proper parties thereto acting through their duly authorized —� representatives;that said representatives have full power and authority to execute said -1 agreements on behalf of the respective parties named thereon;and that the foregoing I agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. (Signature) I (Date) i I f r r' f { f � a st 3 t 1 j t i,. } .-'^-»..arC •' .;ti i'' +L9nRS�tl+fua..-wry... {, ! s. Y:Y..7rY•7„Yf„t'r'x;n;.<,/��xi&: t.:s:,;;,{:n,r:e,. .........,T-.__ ..-,...A... .o. ...�_. �..,�;•rnn45t4'`7r'� F} y. r.. , t• �+ Bond #5892149 r J PERFORMANCE PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS,that we, the undersigned Don Schnieders Excavating Company, Inc. hereinafter,referred to as"Contractor"and Safeco Insurance Company of"America a Corporation organized under the � laws of the State of Washington and authorized to transact business in the State of Missouri _as Surety, are held and firmly bound unto the E� City of Jefferson, Missouri hereinafter referred to as"Owner" t^ri Four Hundred Sixteen Thousand in the penal sum of Eight Hundred Thirteen Dollars and 00/100 DOLLARS I r- 416,813.00 ($ 1, lawful money of the United States of America for the Ea 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 _ 19 . entered into a written contract with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and accessories,for the construction of certain improvements as designated,defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore;a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE,if the said Contractor shall and will,in all particulars,well,duly and faithfully observe,perform and abide by each and every covenant,condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, 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; v otherwise it shall remain in full force and effect. J v 3 PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, ( ~ ' greases,coal repairs,equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with i interest as provided by law: '1 PROVIDED FURTHER,that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract,or the work to be performed thereunder, or the specifications accompanying the same,shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: i PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and �J any penalty provided for by law which the contractor incurs by reason of (hislts) act or omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at ( :. Jefferson City, Missouri on this the I 1 day of J Safeco Insurance Company of America Don Schnieders Excavating Company, Inc. SURETY COMPANY CONTRACTOR n� BY (SEAL) BY -- -�� E R�(SEAL) L (SEAL) BY (SEAL) Attor ey-in-fact (State Representative) Kris L. Bennett i (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) .r n .. w , ® GENERA INSURA�CE COMPANY OF AMERICA INSURANCE GENERAL INSURANCNC E COMPANY OF AMERICA j FIRST NATIONAL INSURANCE COMPANY OF AMERICA • I HOME OFFICE: SAFECO PLAZA FECO' SEATTLE,WASHINGTON 98106 ACKNOWLEDGMENT BY SURETY ry STATE OF Missouri f ss. County of Cole s On this day of 1997 before me personally appeal Kris L.Bennett known to, me to be the Attorncyin-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSUMkNCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me Utat 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,Ute day and year in this certificate first above written. L -Lei Notary Public if#C State of Missouri Seal) County of Osage JANET M.WARREN NOTARY PUBLIC,STATE OF MISSOURI COUNTY OF OSAGE My COMMISeion Expires Oct.18,1998 a. r J j t S•0270iSAEF 6/96 RepLtered tradamad of GENERA 1 b. •Y t .'•�.�++.+� �.�.• n.,.yE:Y.i.'xir•• ..�n.us.F.:+nre,.nr^.",^`�.�. �.,.��....... .._�....._�.-.-••.........�uw ........� .».., :..-,:.�.. .. ;. } y 1 is I ti• 4 r h 1 POWER SAFECO INSURANCE COMPANY OF AMERICA . OF ATTORNEY HOME OFFICE:SAFECO PLAZA SEATTLE,WASHINGTON e1115 . No. 5482 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint ■reeeree.eeeeee.JAMES J. LANDWEHR; WILLIAM R. TWEEDIE; CARL E. REYNOLDS; KRIS L. BENNETT JofferSOn City. MISSOUrleeee�ee��eeeereeeeeeee r.eeeeeeeeeeeeeeeeeeeeee a rreeeerreeeeeeeeeeeeeeeee l " Its true and lawful attar ney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings 1 and other documents or a SPNlar 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 boon duty executed by Its regularly elected officers at Its hone office. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents • r� I INS 6th day of February 1995 CERTIFICATE - Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA: ar cle V, Section 13. FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice ,President appointed for that purpose by the officer In charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and t 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 10 the validity of any such instrunent 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, uuddl (I) 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. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I. 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 INS 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 rea this day of i T G ' S-U0DIEP 1103 Registered tredemarkOf SAFECO Corporation, � J ' 1 r' +Ir 1 Uwe IMPORTANT SURETY BOND INFORMATION i 1 - MISSOURI - r, ` 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 Insuranco Company of America General Insurance Company of America J First National Insurance Company of America I J k Surety Offica P.O. Box 461 . St Louis, MO 63166 Telephonec (314) 965-0400 f 1 1 �+ � 4 , i t fl(r 7 ;� �„� i bbl �i•w i c.'1st 4• ° t l., if. ' f r 33 •{Itt S l � 'F k t 'I• Yrl ' 1 I i ®Hepiatarad trademark of SAFECO CorporNloM ! ,. • S•i StS1EP !I>ia • � nr..rpW^NU3)in12Sr{'} tt r ts`� 1r. � t s Y r 1 ` }) z ti. f r faENERAL PROVISIONS ",..,. FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified as set forth In the Special Provisions, GP-1 CONTRACT p0Q UMEM It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions, Bid,Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this f Volume. Plans,all Addenda thereto Issued prior to the time of opening bids for the work,all of which are hereto attached,and other drawings,specifications,and engineering data which may be furnished by the -� Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings,are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials, labor,tools,equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical I or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three(3)copies �-" of the contract documents shall be prepared by the Contractor,each containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: 7 i J One(1)with the City Clerk of the City of Jefferson j One(1)with the Jefferson City Director of Public Worics One(1)with the Contractor -� GP-2 DEFINITIONS "t 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: I 1. "Contract" or "Contract Documents" shall include all of the documents enumerated in the J previous article. 2. "Owner","City",or words"Party of the First Part",shall mean the party entering Into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. 3. "Contractor"or the words"Parry of the Second Part"shall mean the party entering into contract „J for the performance of the work covered by this contract and his duly authorized agents or legal representatives. t , 1 , 1 i 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. j' 5. "Engineer"shall mean the authorized representative of the Director of Public Works,(i.e.,the Engineering Division Director or Engineering Design Supervisor). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth f i herein. 7. "Date of Award of Contract"or words equivalent thereto,shall mean the date upon which the successful bidder's proposal is accepted by the City. B. "Day"or"days",unless herein otherwise expressly defined,shall mean a calendar day or days of twenty-four hours each. 9. "The work"shall mean the work to be done and the equipment,supplies and materials to be furnished under this contract,unless some other meaning is Indicated by the context. 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work,as provided for herein. 11. Whenever In these contract documents the words"as directed","as required","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. ".Y 1 12. Similarly the words"approved","reasonable","suitable","acceptable","properly","satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean i approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. l 13. Whenever any statement is made in these Contract Documents containing the expression"it is understood and agreed"or any expression of the like Import,such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard j Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission. 15. "Consultant" shall mean the architect and/or engineer of record or his/her duly authorized representative,other than that as defined in"5."above,that has been retained by the City for J design services and has prepared the plans and specifications for this specific project or a part of this specific project as covered by this contract. The consultant is not an employee of the City of Jefferson. . 1 J7 +� GP-3 THE CQNTRACTOR It is understood and agreed that the Contractor,has by careful examination satisfied himself as to the nature and location of the work,the conf ormation 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 � 1 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 i _ 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 observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work, i 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 i be used at the risk and responsibility of the Contractor;and the Engineer and the City will assume no II responsibility therefore. GP-5 BOND I I I Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety ! I bond in the full amount of the contract sum. This surety bond,executed by the Contractor to the City, ` j 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 jfrom this contract which might in any manner become a claim against the City; © for the payment to the ! City of all sums due or which may become due by the terms of the contract,as well as by reason of any violation thereof by the 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 i 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 quafified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes -,� Irresponsible, the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default ^' thereof,the contract may be suspended,all payments or money due the Contractor withheld,and the J contract completed as hereinafter provided. bb kA J a I , i JJ , -� GP-6 INSURANCE ' GP-6.11 2gh EQAI The Contractor shall secure,pay for and maintain during the life of the Contract,insurance of such types and amounts as necessary to protect himself,and the City,against all hazards enumerated herein. All j policies shall be in the amounts,form and companies satisfactory to the City. The Insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. --� All certificates of insurance required herein shall state that ten(10)days written notice will be given to j the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY&PROPERTY DAMA ,E LIABILITY INSURANCE , (1) Bodily Injury Liability insurance coverage providing limits for bodily Injuries,including death,of not less than$1,000,000 per person and$100,000 per occurrence. I 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 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY&PROTECTIVE PROP TY , I DAMAGE LIABILITY INSURANCE: LCOVERING OPERATION F SUBCONTHAQIM i (1) Contractors contingent policy providing limits of at least$100,000 per person and$1,000,000 per f i occurrence for bodily injury or death, i 2 Pro ert Dama a Liability � aggrega et . y g providing limits of at least$1,000,000 per occurrence and$1,000,000 i GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with$1,000,000 aggregate limit. i , I ' GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAAAA E INSUFlANCE The Contractor shall purchase and maintain Owners Protective Liability and Property Damage insurance Issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. ' The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and ,.J Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the E, Engineer. .JJ � � I f i •y GP-6,6 EXCLUSIONS L. The above requirements GP-1.2,1.3,1.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this I requirement on subject project.) I (2) Injury or destruction of property below the surface of the ground,such as wires,conduits, pipes, j 7 mains,sewers,etc.,caused by the Contractor's operations. (3) The collapse of,or structural injury to,any building or structure on or adjacent to the City's premises, or Injury to or destruction of property resulting therefrom,caused by the removal of other buildings, structures,or supports,or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with "] Bodily Injury or Death Limits of not less than$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. JThe 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 J a limit of$100,000 per person. The"Ail State"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 employers liability coverage as j — will protect him against any claims resulting from injuries to and death of workmen engaged in work under i this contract. GP-6.9 INSTALLATION FLOATER INSURANCE ' This Insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment,not otherwise covered under Builder's Risk Insurance,when in warehouses or storage areas,during installation,during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular I work included in this contract. The coverage shall be for an amount not less than the value of the work at completion,less the value of the 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. „J I Installation Floater Insurance shall also provide for losses,If any,to be adjusted with and made payable �I 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 than$10,000 l such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. • ,. ._., a iTii]' . MEW- t ran l i GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER O), SSES . 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 i owned by the mechanics, any tool machinery,equipment, or motor vehicles owned or rented by the -) Contractor's, his agents, subcontractors, material men or his or their employees;to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by,arising out of or incident to larceny,theft,or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications,alterations,enlargements thereto,is to be done,and to i materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs,expenses,judgments,or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts,matters,or things by this contract undertaken to be done or performed,or for the injury,death or �j 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, I workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE "'1 r Upon the occurrence of any event,the liability for which is herein assumed,the Contractor agrees to forthwith notify the City,in writing such happening,which notice shall forthwith give the details as to the happening,the cause as far as can be ascertained,the estimate of loss or damage done,the names of witnesses,if any,and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a 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. r ' GP-B SUBCONTRACTS.PRINCIPAL MATERIALS&EQUIPMENT I Prior to the award of the contract, the Contractor shall submit for approval of the City a list of J 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. l Nothing contained in the Contract Documents shall create any contractual relation between any i subcontractor and the City. I J ' i i � No officer,agent or employee of the City, including tho Cnginoor, shall have any power or nulhority whatsoever to bind the City or incur any obligation in Its behalf to any subcontractor,material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with tills work. Tho Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their mnlerinln and the 7 execution of their work,and shall property connect and coordinato his work with Ihoirn, If any part of the Contractor's work depends for proper oxoarllon or romilin on the+vork of ally other contractor,the Contractor shall inspect and promptly report to the Enginoor any dofect in such work flint renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor'n work as fit and proper for the reception of his work,except as to defects which may devolop In the othor contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors Is conliguoun to work covered by this Contract,the respective rights of the various interests involved shall be ostabllnhed by the Engineer, ,j in order to secure the completion of the various portions of the work In general harmony. GP-10 LEGAL RESTRICTIONS PERMITS AND REGULATIONS The Contractor shall procure at his own necessary I' expense all p ry rcensos and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes In existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws,ordinances,rules and regulations bearing on the conduct of the work as drawn or specified. i GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices,that might be involved in the construction or use of the work,shall be included In the contract amount and the Contractor shall satisfy all demands that may be made at any time for such �1 and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his I " 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 iwill not be made while any such suits or claims remain unsettled. l GP-12 SCOPE AND INTENT OF SPECIFI eT_IONS AND PLANS GP-12.1 GENERAL These Specifications and Project Plans are intended to supplement,but not necessarily duplicate each other,and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other,shall be executed just as if It has been se!forth in both,In order that the t work shall be completed according to the complete design of the Engineer. 1 „d 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 FIGURED DIMENSIONS TO GOVER�f Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be _J executed until the required dimensions have been obtained from the Engineer. , GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES ' The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the layout as given by stakes,points, or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the Engineer should such error or omission be discovered,and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point,shall be regarded as meaning that only the best general practices,as accepted by the particular trades or industries involved,shall be used. GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society,organization or association,or to codes of local or state authorities,shall mean the latest standard,code,specification,or tentative specification adopted and published at the date of taking bids,unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT ` —� The City may appoint or employ such"Construction Representative"as the City may deem proper,to observe the work performed under this Contract,to the end that said work is performed,in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and — no supervision of the construction activities or responsibility for their safety. The sole duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative -� so appointed,when the same are consistent with the obligations of this contract and the specifications therefor,provided,however,that should the Contractor object to any order given by the Construction "i Representative,the Contractor may make written appeal to the Engineer for his decision. J The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the r Contractor or by any of his employees shall be sufficient reason,if the City so decides,to annul the contract. Such constniation representation shall not relieve the Contractor from any obligation to perform said work J J I .a strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the City, whenever so ordered by the Engineer,without reference to any j previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work,even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer, and the Contractor will be liable for any i deviation except on such written order. All condemned work shall be promptly taken out and replaced b satisfactory work and all condemn �~ P P Y P Y rY � condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be ' uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such 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 The Contractor shall furnish samples of testing purposes of any material required by the Engineer,and shall furnish any information required concerning the nature or source of any material which he proposes to use. I I 1."� GP-14 LINES AND GRADES �-� Tt,u 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 correctly. The Contractor shall maintain these lines,grades,and { bench marks and use them to lay out the work he is to perform under this contract. . The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. —� Any work done without being property located and established by base lines,offset stakes,bench marks, or other basic reference points checked by the Construction Representative may be ordered removed j and replaced at the Contractor's expense. —' GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and he shall _1 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 I labor required for replacement of any Installed materials which is found to be defective at any time prior I. to the expiration of one year from the date of final payment. J • a _ 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 J conducted,he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor,shall be provided by the Contractor at his sole cost and expense. GP-18 allPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions 1 given to him shall be as binding as if given to the Contractor. Iy� 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. DGP-19 MAINTENANCE OF TRAFFIC I Whenever any street is closed,the Police Department, Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if h applicable. The route of all detours shall be approved by the Director of Public Works. All detour signing shall conform to the"Manual on Uniform Traffic Control Devices". Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made -� for it. GP-20 BARRICADES AND LIGHTS All streets,roads,highways,and other public thoroughfares which are closed to traffic shall be protected i .1 by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers,signs,and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment,shall be provided with similar warning signs and lights. J :J i i 'i All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. All barricades,signs,lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements,and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades,signs,lights and other protective devices will be furnished,installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it: GP-21 EXISTING UNDERGROUND INSTILLATIONS AND STRUCTURES i 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 i 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. I _ I No payment will be made to the Contractor for locating and protecting utilities and cooperating with their --+ owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains,which, in the opinion of the Engineer, must be .i L 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 J damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's i expense. ti J GP-22 PROTECTION OF WORK AND PROPERTY - The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public,employees of the City and ontractors and all public and private property including structures, employees of other contractors or subc 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. i The Contractor shall fumish 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 property and utilities when such property is liable to injury or damage through the performance of the work,and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. I" In an emergency affecting the safety of[He 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 i emergency work,shall be determined by agreement or arbitration, a I t out of uThe risd ctionai labor disputes ooh other labor troub troubles of any kind that may loss occur during g t e construction or _ performance of this contract. GP-23 rUARANTEF OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one(1)year after the date of completion of the contract. — GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials,employees,or agents,nor any order by _ the City for payment of money,or any payment for,or acceptance of,the whole or any part of the work ` by the City, nor any extension of time, nor any possession taken by the City or its employees,shall I operate as a waiver of any provision of this contract,or of any power herein reserved to the City,or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a I ; waiver of any other or subsequent breach. GP-25 MPLETED PORTIONS i 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 the Contractor shall be liable for defects I . due to faulty construction until the entire work under this Contract is finally accepted and for the i guarantee period thereafter. ; GP-26 ADDITIONAL OMITTED OR CHANGED WORD 1 ! \ 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 j work shall be executed to the same standards of workmanship and performance as though therein t included. The Engineer shall have authority to make minor changes in the work, riot involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions,all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders Issued i I ng the cost shall and signed by the Owner and accepted and signed by the Contractor. All work increasi be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the I 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 i sum shall be valid unless so ordered. �J If the modification or alteration increases the amount of work to be done,and the added work or any part thereof Is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal,then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise,such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-26. I. Ii ;...� If the e basis modification or alteration decreases constitute the the amount of work to be done, such decrease shall no 1 for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices,the Engineer shall determine i on an equitable basis the amount of: V J, 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 an which could not be used in any par,of the work as actually built. i 3• Any other adjustment of the Contract amount where the method to be used In making such i 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(f 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 for damages or anticipated extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim Extra .J profits on an p Y portion of the work that may be omitted. � (a) The term"Extra Work"shall be understood to mean and include all work that may be required to .., accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized 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 i ,' 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 Highway Construction J GP-27 SU$PENjQN OF wna� ton 1996. JThe Owner may at any time suspend the work,or an Contractor in writing. The work shall be resumed by the art Ct ntractorywithingten(10)days afterithe date to the fixed In the written notice from the Owner to the Contractor to do so. But if the work,or any part thereof,shall be stopped by the notice in writing aforesaid,and if the Owner does not give notice In writing to the Contractor to resume within a reasonable period of time,then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned,If any. Niih:ff. t •,ti 5 1rr. •I r►r h j GP-28 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract,the Owner,after ten(10)days written notice to the Contractor,Wray,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 OWNER'S RIGHT TO TERMINATE rnNTRACT 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 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 f' Instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials,tools,and appliances thereon and finish the work by whatever method he may deem expedient. I ' J 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 j additional managerial and administrative services,such expenses shall be paid to the Contractor. If such J expense shall exceed such unpaid balance,the Contractor shall pay the difference to the Owner. I _a GP-30 CONTRACTOR'S RIGHT TO STQP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court,or other public authority,for a period of three j months,through no act or fault of the Contractor or of anyone employed b him then h upon seven(7)days written notice to the Owner and the Engineer,stop work or terminate has contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. . GP-31 LOSSES FROM NAT tReL CAUSES i All loss or damage arising out of the nature of the work to be done,of from the action of the elements, or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen,which may be encountered In the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and —� expense. J GP-32 SUNDAY HOLIDAY AND nHI WORK No work shall be done between the hours of 6:00 p.m.and 7:00 a.m.,nor on Sundays or legal holidays, ! without the written approval of the City. However,work necessary in case of 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 falls to am -' maintain adequate equipment and supervision for the proper prosecution and control of the work at night. �y 4 � l GP- 33 UNFAVORAB CONDITIONG During unfavorable weather,wet ground,or other suitable construction conditions,the Contractor shall " confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof,unless special means or precautions are taken by the Contractor to perform the work in a proper and j satisfactory manner. M� _ GP-34 OMITTED �.� GP-35 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent J Installation in the work shall be new,unused,and undamaged when installed or otherwise incorporation In the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified,unless such use is specifically authorized by the Engineer in each case. GP-36 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for —J 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 ' J or their agents,or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses,judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-37 QHANGE ORDER J j . 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 j or events discovered or occurring during the progress of the work. _ GP-38 CONTRACT TIME i I The time for the completion of the work is specified and it is an essential part of the contract. The i Contractor will not be entitled to any extension of contract time because of unsuitable weather condition iunless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days,this time will be specified in the contract. A working day is defined as any 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. 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. i J ' f GP-39 CONTRACT TIM"E EXTENSION The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable i to work due to causes beyond his control,he shall state his reasons in writing,furnish proof to establish i 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 shall be filed in writing within 30 days after the claimed cause the cause or causes occur and the claim for the delay has ceased to exist. GP-40 LIQUIDATED DAMAGES _ Time is an essential element of the contract and it is therefore important that the work be pressed { vigorously to completion. Should the Contractor or in case of default the surety fall to complete the work _I within the time specified in the contract,or within such extra time as may be allowed in the manner set out in the preceding sections,a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public,after the expiration of the time stipulated in the contract,and will be deducted from any money 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 on of the and finish the work or any part of it after the expiration of the specified time,or after any extension of the time,shall in no way operate as a waiver on the part of the City or any of Its rights under the contract. GP-41 MEASUREMENT AND _PAYMENT I (a) BASIS FOR PAYMMEHT- ; Contractor will be paid for quantities actually constructed or performed as determined by field i ted measurement(except as may be hereinafter provided)at the unit price bid for then items b'sthe { in the schedule of the Bid or for such extra work as may be authorized and app y { Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the I completion of the project shall be included in bid items. (b) ncnur`TIONS FOR UNCOftaFCTED WORK 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 _J made therefore. (c) LUME SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item,complete in place, and shall Include the costs of all labor,materials,tools,and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTI L PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or inspector. A } retainer equal to 10%of the amount of work completed to date shall be withheld. i . .J:...1,::;X`.. ... .,...f•d....i".i Y,,r i. ............... .....•,...... ..._ .Y......... ..-..-, , 1, t L. . i (e) ACCEPTANCE AND FINAL PAYMENT - Upon receipt of written notice that the work is ready for final Inspection and acceptance,the Engineer will promptly make such Inspection,and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature,stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of _ Jefferson within thirty(30)days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE - Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of 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 LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the —` Owner and every officer and agent thereof,from all claims and liability to the Contractor 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 CERTIFICATIONS GP-43.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or poriland 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 REFERENCE , In making purchases or in letting contracts for the performance of any job or service,the purchasing J agent shall give preference to all firms,corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised is equal or better and the price quoted is the same or less. GP-45 PREFERENCE FOR U a 0."ANUFACTURED GOODS On purchases in excess of$5,000,the City shall select products manufactured,assembled or produced -� in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-46 AWARD OF CONTRACT.REJECTION OF B DS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor Intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this = contract. J i .1 The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, 1 I 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 AFFIDAVIT OF COMPLIANCE wrTH PUBLIC WORKS'CONTRACTS LAW { Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson,Missouri,Public Works Department,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (l 993 Supp.), an act relating to Public Works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. 7 GP-48 MISSOURI LABORER REQUIREMENT _I Whenever there is a period of excessive unemployment in Missouri,which is defined as any month — immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S.Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Public Works Director of the City of Jefferson,Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute,rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-49 LIABILITY FOR COMPLIANGE WTH PUBLIC WORKS CONTRACT'S LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1993 Supp.),when in fact the contractor or subcontractor has not complied,to the i extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses ` are incurred by the City of Jefferson, Missouri,any contractor making the false statement, or whose ~� subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability J 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 indemnity the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri,because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS J 1 r a' jl 1 3 r CITY OF JEFFERSON DEPARTMENT OF PUBLIC WORKS l'. i b1ANQARn_qD9:f11A1 PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1996 version of the Missouri Standard Specifications for Highway Construction except as 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. SP-2 PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid for the project. PRE-CONSTRU rrnN CONFERENCE Prior to starting work,a pre-construction conference will be held to discuss the project, its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner, The Engineer, the Contractor and his Subcontractors,and the Utilities,as well as representatives of any J other affected agencies which the Owner may wish to invite. The work schedule specified in Section I8-23 of the Information for Bidders will be submitted at the conference. I $P_4 PREVAILING wA E LAW Bidders are hereby advised that compliance with the Prevailing Wage Law,Sections f 290.210 through 290.340 inclusive of the Revised Statutes of Missouri,is a requirement j of this contract. (Reference Section IB-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted In a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. "'� $P� PROOF OF IN RANGE „f All certificates of insurance provided for this project shall be Issued directly from the t✓' J the company affording coverage. Certification from a local agent is not acceptable without paperwork empowering and authorizing the agent to sign the surety's name. t w T }. . J I l In addition,when an aggregate amount is included,a statement of the amount of that aggregate available to date shall also be attached. TRAFFIC CONTROL DURING CONSTRUCTION All work shall be in accordance with the Manual on Uniform Traffic Control Devices. I Signs,cones,and barricades shall be placed both to protect workers and equipment and J 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 closed to traffic Type III barricades signed"ROAD CLOSED"shall be placed at both ends of construction. Two-way vehicular traffic shall be maintained during construction of pipe crossing of Fairgrounds Road,except when operations dictate otherwise. In cases where two-way s� traffic cannot be maintained,the Contractor shall provide the necessary traffic control personnel,such as flagmen,and any signing,warning devices and signs in accordance with the Manual on Uniform Traffic Control Devices. Z PROTECTION OF ADJACENT PROPERTIES jSurface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP->} UTILITIE5 The Contractor shall expose all utility crossings to establish location and depths prior to construction. j Sp.9 ROCK REMOVAL No explosives shall be used on this project within fifty(50)feet of a structure or in any i location that may damage any utility. Rock in these areas shall be removed by I mechanical chipping,jack-hammering or other methods approved by the Engineer. -� SP-10 UNDERGRADING IN ROCK CUT Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled with a drainable material with top surface choked with fines for proper subgrade preparation. No direct payment shall be made for backfill materials. The only payment made shall be for cubic yards of rock excavation. SP-11 3"ROLLED ED STONE BASE Payment for 3"Rolled Stone Base shall be made by square yard measured from back .J 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. J • J , .. o-,..r�xcq:z�:w5;'..�3��.'� ',ic�:`;r.:r.�rN.,r..,w,...._-. ......,.,.._____�'_.._...___�._.._.___._......_ .,>a+..._..^_—° __ - _ _-•�•,"�aidR.v. � . F � 1 • f r SP-12 REPAIR OF DRIVING SURFACE I % All sections of pavement damaged or removed during construction shall be replaced In accordance with the following requirements: p Existing Pavement _ Surface � PCC Street 6"PCC Bituminous Street 5"PCC 1-1/z'AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix Is not available. The cold mix shall be removed and the permanent hot mix shall be installed I 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. i SP-13 ADJUSTMENT OF UTILITY SERVICES J 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. j . SP-14 ELUGGING AND ABANDONMENT OF EXISTING PIPES All pipes to be abandoned shall be plugged and sealed with portiand 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. All plugging and filling of pipes shall be subsidiary to the work. f I i !$ INSTALLATION OF SEWER PIPE The unit price for the installation of sewer pipe shall include all necessary excavations, + --� ditching,backfilling,bedding,shoring or any other items required to make the Installation of the pipe complete. - ITEMS TO BE LEFT IN PLACE 1 Items marked"LIP"on the plans shall be"left In place". Any damage to these Items,or other items that were not to be disturbed by construction shall be repaired by the I Contractor at his own expense. „J BE 10"PVC FORCE MAIN The 10"PVC force main that is to be installed four(4)feet behind the back of curb(24' - left of the centerline of road)from London Way Station 5+46 @ Manhole Station 9+00 to Station 19+92 an depicted on the plans shall conform to the requirements of ANSI/AWWA C900-89,Pressure Class 200. J• t . t i f Only full lengths of pipe shall be used, except where connection will be made at the terminating manhole,the end of the gravity outfall sewer at Manhole Station 9+00.The I end of the force main,that will be extended in the future,shall be capped with a plug or cap specifically designed for the type of pipe that is used. l .. . . ' -, The pipe shall be installed with at least 36 inches of cover. At road Station 5+97 an existing 8"water main will be crossed with the force main. At the point of crossing the I force main shall be laid under the water main so that a minimum of 18 inches between } I the two pipes Is maintained. The force main shall be laid with the bell ends facing downstream of the intended direction of flow. -, The end of the pipe shall be marked with a suitable marker that extends from the end of the terminated pipe to the surface of the ground, and shall be marked for future reference.This marker shall be preserved during all construction activities and after all finish work has been completed. i SP-18 CONSTRUCTION STAKING i As part of the design agreement with the City of Jefferson,construction staking for this project will be provided for by Central Missouri Professional Services, Inc., 2500 E. McCarty Street,Jefferson City,MO 65101,Telephone(573)634-3455.Arrangements for staking will be the responsibility of the Contractor. The following statement is quoted from the scope of work pertaining to staking as furnished by Central Missouri Professional Services: ! "4. Staking of street(London Way)for construction to include:stake for clearing and drainage structure,stake for construction limits both sides with cut or fill at centerline grade,stake for final grade check and grade set for final surfacing, stake intersection of London Way and Fairgrounds Road." Any additional staking that may be needed shall be the responsibility of the Contractor. j SP-19 PAVEMENT WIDENING OF FAIRGRO NDS ROAD i The pavement widening of Fairgrounds Road shall consist of the excavation for, preparing sub-base for installation of 3" of rolled stone base, drilling dowel holes, installing the necessary dowel bars,and placing and finishing 7"of Portland Cement Concrete. The widening shall be six(6)feet wide and shall match the existing pavement cross slope. Pavement joints shall match that of the existing pavement. Pay Items for the widening shall Include 3"Rolled Stone Base and 7"PCC Pavement Widening.The cost of the required excavation for the widening shall be included in the unit price for the 7"PCC Pavement Widening. 1 SP-20 CONDUIT �J F All conduit shall be UL rated Schedule 40 PVC. Conduits crossing paved roadways shall extend at least 30"beyond the back of curb and gutters or edge of pavement. The minimum depth of Installation shall be 24 Inches for all conduit to be used for signal, lighting,or telephone facilities. Conduits used for major electrical feeder lines shall be IBM installed at least 36 inches deep. aJ ;f+ 1 The bid proposal provides for the furnishing and installation of 2"and 4"conduit.The 2" conduit will be for future street lighting and shall be install two(2)feet back of the left curb from Station 1+00 to Station 19+92, and across the road at Station 5+40 and - Station 12+50.The 4"conduit will be required for future signal facilities at Station 0+50 J and crossing Fairgrounds Road. i Other conduits are shown to be installed at Stations 5+40 and at Station 12+50.At each location,the two 4"conduits are for telephone and the two 5"conduits are for electric feed lines.The contractor shall be responsible for Installing these conduits that will be provided by the respective utility.The cost of installing these additional conduits shall be subsidiary to other work. The ends of all conduits shall be plugged with a cotton rag and sealed with duct tape of a similar material.The ends of all conduits shall be marked with a marker that extends from the end of the conduit to the surface of the ground.The marker shall be visible throughout construction and after all finish work is completed. P-21 DRAINAGE FACILITIES AT WATER TOWER I - I The connection of the existing 10"and 6" PVC drain lines at the Water District No. 1 facilities to Manhole Structure No. 7 as depicted on the plans will be subsidiary to the work included in other items. There will be no direct pay for supplying the labor, materials,and equipment for making these necessary connections. -22 BORROW AREA Due to a deficiency of material required to construct the embankments for the roadway, 1 a borrow area has been established on the tract of land adjacent to the proposed f roadway from Station 7+00 Left to Station 15+00 Left (see the Special Detail in the plans).The area for borrow is located on a ridge about 500 feet left of the proposed J roadway. Any required clearing and grubbing of the site, and any seeding and mulching of the borrow site after placing the roadway embankment will be paid for on the basis of the M unit prices established in the bid proposal for those items. i -1 After obtaining the necessary borrow from the site,the area disturbed during the borrow _j operation shall be finished graded to provide a uniform free draining surface.Maximum cut or fill slopes established during the borrow process shall be 3 to 1.A minimum of 12 Inches of suitable earthen material for the establishment of vegetative ground cover shall be provided on the borrow site prior to seeding and mulching. It is not the desire to remove borrow material to a depth that will expose underlying rock formations. "j SP-23 EXCESS FILL FROM IKON III PROJECT J A site development and grading project Is underway adjacent to the proposed roadway from Station 12+50 right to Station 20+00 right. There is a possibility that excess material may be available from this site,and may be placed in the areas depicted on the plans that require embankments to be constructed.Should excess materials be placed in the required fill areas and therefore change the amounts of materials required as �1J depicted on the cross sections, field sections will be taken by Central Missouri I Professional Services to determine the change in the field conditions and the change in ±"1 the quantifies of embankment to be placed.The pay quantities for the Items affected will be adjusted accordingly, I. EROSION CONTROL NI Permit No.Mo-R100031 as issued by the Missouri Department of Natural Resources in the name of the City of Jefferson for Land Disturbance Activities will be used to cover the construction activities required for this project. j The Contractor will be responsible for providing any erosion control devices,such as silt I fences,berms,temporary piping,silt basins,etc.,during the construction. The cost of erosion control is to be Included in those items of the proposal regarding earthwork and »J grading,and shall be subsidiary to the work included in those applicable Items. GRAVITY OLITFALL ON FAIR GROUNDS The gravity outtall sewer to be constructed from Manhole Station 0+00 to Station 6+00 I rY Is in an area that is used for parking in major events held at the Fair Grounds. Therefore, It will be required that the trenches necessary for the installation of the sanitary outtall sewer be backfilled in maximum of 8 inch lifts and compacted to at least —1 95%of maximum density at optimum moisture content. BEM PCC PAVEMENT JOINT REINFORCING REQUIREMENTS J The joints reinforcement requirements are as follows: 1)All bars shall be#4 deformed bars 24 inches In length. 2)Longitudinal construction joints- bars @ 30"centers. 3)Transverse construction joints-bars @ 12"centers. 4)Sawed or premolded longitudinal joints-bars @ 30"centers. 5)If curb and gutter is poured separately-bars @ 30"centers, J SP-27 COMMUNITY DEVELOPMENT BLOCK GRANT PRO RAM CONDITIONS" "GENERAL ' t Please note attached the applicable"GENERAL CONDITIONS"included herewith. J SP-28 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT" IJPPLFM�NTAL -1 GENERAL CONDITIONS" Please note attached the applicable "SUPPLEMENTAL GENERAL CONDITIONS" Included herewith. i END OF SPECIAL CONDITIONS J PI s t 1. t; ` 3 fr t. ,w i Community Development Block Grant Program GENERAL CONDITIONS 1. Contract and Contract Documents - The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development and is subject to all applicable Federal laws and regulations. ~ The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the -i Supplemental General Conditions shall form part of this Contract and the provisions thereof _j shall be as binding upon the parties hereto as if they were herein fully set forth.The table of contents, titles,headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. Contents" i 1. Contract and Contract Documents 2, Definitions 26. Acceptance of Final Payments 3. Additional Instructions and Detail as Release Drawings 27. Payments by Contractor •� 4. Shop or Setting Drawings 28. Insurance 5. Materials,Services,and Facilities 29. Contract Security 6. Contractor's Title to Materials 30. Additional or Substitute Bond 7. Inspection and Testing of Materials 31. Assignments 8. "Or Equal"Clause 32. Mutual Responsibility of Contractors . 9. Patents 33. Separate Contracts I 10. Surveys,Permits and Regulations 34. Subcontracting 11. Contractor's Obligations 35. Architect/Engineer's Authority I 12. Weather Conditions 36. Stated Allowances { 13. Protection of Work and Property- 37. Use of Premises and Removal of Emergency Debris 14. Inspection 38. Quantities of Estimate 15. Reports,Records and Data 39. Lands and Rights-of-Way 16. Superintendent by Contractor 40. General Guarantee 17. Changes in Work 41. Conflicting Conditions 18. Extras 42. Notice and Service Thereof 19. Time for Completion and Liquidated 43. Required Provisions Deemed Inserted U Damages 44. Protection of Lives and Health 20. Correction of Work 45. Subcontractors 21. Subsurface Conditions Found 46. Interest of Member of Congress "1 Different 47. Other Prohibited Interests J 22. Claims for Extra Cost 48. Use Prior to Owner's Acceptance 23. Right of Owner to Terminate Contract 49. Photographs 24. Construction Schedule and Periodic 50. Suspension of Work Estimates 51. Minimum Wages 25, Payments to Contractor 52. Underpayment of Wages t j J I I ' 53. Anticipated•Fringe Benefits 54. Overtime Compensation r 55. Apprentices 56. Employment Prohibited t " 57. Compliance with Ant-Kickback Act 58. Classifications Not Listed 59. Fringe Benefits Not Expressed 60. Posting Wage Rates 61. Complaints,Proceedings or Testimony i 62. Claims and Disputes J 63. Questions Concerning Regulations 64. Payrolls and Records = .. 7 65. Specific Coverage I 66. Ineligible Subcontractors 67. Provisions to be Included 68. Breach of Labor Standards I 69. Employment Practices ! 70. Contract Termination;Debarment I Attachment to Federal Labor Standards Provisions t 2. Definitions The following terms as used in this contract are respectively defined as follows: 7 (a) "Contractor": A person,firm or corporation with whom the contract is made by the Owner. (b) "Subcontractor": A person,firm or corporation supplying labor and materials or only labor for work at the site of the project for,and under separate contract or agreement with the contractor. i (c) "Work on(at)the project": Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. I Ij 3. Additional Instructions and Detail Drawings , j The Contractor will be fumished additional instructions and detail drawings as necessary to J carry out the work Included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly(a)a schedule,fixing the dates at which special detail drawings will be required,such drawings,if any,to be furnished by the Architect/Engineer in accordance with said schedule,and(b)a schedule fixing the respective "r �j dates for the submission of shop drawings,the beginning of manufacture,testing and installation of materials,supplies and equipment,and the completion of the various parts of the work:each such schedule to be subject to change from time to time in accordance with the progress of the work. IL 'tl t ' '"- ..�.v.ori'.•.tk n..r::..,ri' :fi ..,w bµ.irry"r..ti:�• y i t 4. Shop or Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After J examination of such drawings by the Architect/Engineer and the return thereof,the Contractor shall make such corrections to the drawings as have been indicated and shall 7 fumish the Archilect/Engineer with two corrected copies. If requested by the I Architect/Engineer the Contractor must furnish additional copies. Regardless of corrections made in or approval given to such drawings by the Architect/Engineer,the Contractor will nevertheless be responsible for the accuracy of such drawings and for their conformity to the Plans and Specifications,unless he notifies the Architect/Engineer in writing of any deviations at the time he furnishes such drawings. 5. Materials,Services,and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents,the Contractor shall provide and pay for all materials,labor,tools, J equipment,water,light, power,transportation,superintendence,temporary construction of every nature,and all other services and facilities of every nature whatsoever necessary to execute,complete,and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours,on Sundays or i Legal Holidays,shall be performed without additional expense to the Owner. I 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other —i agreement by which an interest is retained by the seller. The contractor warrants that he has i _j good title to all materials and supplies used by him in the work,free from all liens,claims or encumbrances. 7. Inspection and Testing of Materials ? (a) All materials and equipment used in the construction of the project shall be subject to Jadequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The owner will pay { for all laboratory inspection service direct and not as a part of the contract. _J (b) Materials or construction,particularly those upon which the strength and durability of the structure may depend,shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal"Clause Whenever a material,article or piece of equipment is identified on the plans or in the f specifications by reference to manufacturers'or vendors'names,trade names,catalogue numbers,etc.,it is intended merely to establish a standard;and,any material,article,or equipment of other manufacturers and vendors which will perform adequately the duties i' t i z •.nn:r;a��S(;�':!r.,:1,., .:�:..t�:rr.ne.a..e............. . ..j...,n --_ .. .... x � 01,21 �l -� imposed by the general design will be considered equally acceptable provided the material, j article,or equipment so proposed,is,in the opinion of the Architect/Engineer,of equal !� substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. 1 g. Patents r j (a) The Contractor shall hold and save the Owner and its officers,agents,servants,and employees harmless from liability of any nature or kind,including cost and expenses for,or on account of,any patented or unpatented invention,process,article,or appliance manufactured or used in the performance of the contract,including its use j by the Owner, unless otherwise specifically stipulated in the Contract Documents. J (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent,or his authorized licensee, direct by the Owner and not by or through the Contractor. —j (c) If the Contractor uses any design,device or materials covered by letters,patent or copyright,shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design,device or material. It is mutually agreed and understood,that,without exception,the contract prices shall include all royalties or costs arising form the use of such design,device or materials,in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the J Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or this ; contract,and shall indemnify the Owner for any cost,expense or damage which it ' may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys,Permits,and Regulations I Unless otherwise expressly provided for in the Specifications,the Owner will fumish to the Contractor all surveys necessary for the execution of the work. J The Contractor shall procure and pay all permits,licenses and approvals necessary for the —I execution of his contract. J The Contractor shall comply with all laws,ordinances,rules,orders, and regulations relating to performance of the work,the protection of adjacent property,and the maintenance of passageways,guard fences or other protective facilities. r 11. Contractor's Obligations The Contractor shall and will in good workmanlike manner,do and perform all work and furnish all supplies and materials,machinery,equipment,facilities and means,except as herein otherwise expressly specified,necessary or proper to perform and complete all the work required by this contract,within the time herein specified,in accordance with the provisions of this contract and said specifications and in accordance with the plans and drawings covered by this contract any and all supplemental plans and drawings,and in accordance with the directions of the Architect/Engineer as given from time to time during w. 1J l J � � y i the progress of the work, He shall furnish,erect,maintain, and remove such construction plant and such temporary work as may be required, i The Contractor shall observe,comply with,and be subject to all terms,conditions, requirements,and limitations of the contract and specifications,and shall do,carry on,and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of work,or during inclement weather,or whenever the 7 Architect/Engineer shall direct,the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If,in the opinion of the Architect/Engineer,any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. �l 13. Protection of Work and Property—Emergency The Contractor shall at all times safely guard the Owner's property from injury or loss in w� connection with this contract. He shall at all times safely guard and protect his own work and that of adjacent property from damage. The Contractor shall replace or make good any such damage,loss or injury unless such be caused directly by errors contained in the contract or by the Owner,or his duly authorized representatives. i i In case of any emergency which threatens loss or injury of property,and/or safety of life,the Contractor will be allowed to act without previous instructions from the Architect/Engineer,in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to ` the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property,he t " shall act as instructed or authorized by the Archilecl/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 17 of the General Conditions. 14. Inspection The authorized representatives and agents of the Department of Housing and Urban Development and/or the Department of Economic Development shall be permitted to Inspect all work,material,payrolls,records of personnel,invoices of materials,and other relevant data and records. 15. Reports,Records,and Data The Contractor shall submit to the Owner such schedule of quantities and costs,progress schedules,payrolls,reports,estimates,records,and other data as the Owner may request concerning work performed or to be performed under this contract. mill�__�....r �z r " .. I ,+ . i ♦ .,.. ,r.,.,,.,_.._................. ..<,.x.... ..,,...'-._... .. ...�.+...-.e; GM,..,.t i '.t':'hK, :7J^,ili yF. 'j f,. 1 f } i • I r J 16. Superintendence by Contractor si At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architecl/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. J 17. Changes in Work #, No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall determined by one or more,or a combination of the following methods: (a) Unit bid prices previously approved. (b) An agreed lump sum. (c) The actual cost of: i 1. Labor,including foremen; 2. Materials entering permanently into the work; 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 4. Power and consumable supplies for the operation of power equipment; 5. Insurance; I �1 6. Social Security and old age and unemployment contributions. To the cost J under(c)there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent(15%)of the actual cost of supervision,overhead, bond,profit,and any other general expenses. 18. Extras J Without invalidating the contract,the Owner may order extra work or make changes by � altering,adding to or deducting from the work,the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work j of the kind bid upon shall be paid for at the price stipulated in the proposal,and no claims for any extra work or materials shall be allowed unless the work ordered in writing by the Owner _ or its Architect/Engineer,acting officially for the Owner,and the price is stated in such order. J 19. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed,by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract;and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the"Notice to Proceed." • ..^.+:...•ra.a.:::arv. np..„,.. •f.'.L::i...•, ..,,,,...•..,.,......w..__...,_ ...__.....:,a.w.... --. .....,.....-..._._•_—_. ,.....nrac5t(aF�u .. : 1 i } , The Contractor agrees that said work shall be prosecuted regularly,diligently,and i uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed,by and between the Contractor and the Owner,that the time for the completion of the work described herein is a reasonable time for the completion of the same,taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified,or any proper extension thereof granted by the Owner,then the Contractor does hereby agree,as a part consideration for the awarding of this contract,to pay to the Owner the amount specified in the contract,not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth,for each and every calendar day that the ri Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual —� damages the Owner would in such event sustain,and said amount is agreed to be the I amount of damages which the Owner would sustain and said amount shall be retained from time to time by the owner from current periodical estimates. �j It is further agreed that time is of the essence of each and every portion of this contract and 1 of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever, and where under the contract an additional time is allowed for the completion of any work,the new time limit fixed by such extension shall be of the essence of J this contract. Provided,that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner. Provided,further,that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference,priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor,including, but not restricted to,acts of God,or of the public enemy,acts `j of the Owner,acts of another Contractor in the performance of a contract with the J Owner,fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes, and severe weather,and J (c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in subsections(a)and(b)of this article: Provided,further,that the Contractor shall,within ten(10)days from the beginning of such delay,unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Contractor within a reasonable time of its decision in the "1 matter. "J 20. Correction of Work ' All work,all materials,whether incorporated in the work or not,all processes of Jig I J I } i manufacture,and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work,materials,processes of manufacture,and methods of construction for the I...... purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed,made good,replaced and/or corrected,as the case may be,by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If,in the opinion of the Architect/Engineer,it is undesirable to replace any defective or " damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents,the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Architect/Engineer shall be equitable, 21. Subsurface Conditions Found Different Should the Contractor encounter sub-surface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications,he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the conditions,and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications,he will at once make such changes in the Plans and/or Specifications as he i may rind necessary,any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 17 of the General Conditions. 22. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a i written order of the Architect/Engineer approved by the Owner, as aforesaid,and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 17(c)of the General Conditions the Contractor — shall furnish satisfactory bills,payrolls and vouchers covering all items or cost and when requested by the Owner,give the Owner access to accounts relating thereto. 23. Right of Owner to Terminate Contract In the event that any of the provisions of this contract are violated by the Contractor or by any of his subcontractors,the Owner may serve written notice upon the Contractor and the j Surety of its intention to terminate the contract,such notices to contain the reasons for such J intention to terminate the contract,and unless within ten(10) days after the serving of such notice upon the Contractor,such violation or delay shall cease and satisfactory arrangement of correction be made,the contract shall,upon the expiration of said ten(10)days,cease i and terminate. In the event of any such termination,the Owner shall immediately serve J notice thereof upon the Surety and the Contractor and the Surety shall have the right to take - over and perform the contract; Provided, however,that if the Surety does not commence performance thereof within ten(10)days from the date of the mailing to such Surety of notice of termination,the Owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the J Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the -J Owner thereby,and in such event the Owner may take possession of and utilize in completing the work,such materials,appliances,and plant as may be on the site of the work and necessary therefor. r - I i i 24. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial payment is made,the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner,showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract i Y' Documents and the anticipated amount of each monthly payment that will become due the I Contractor in accordance with the progress schedule. The Contractor shall also fumish on forms to be supplied by the owner(a) a detailed estimate giving a complete breakdown of the contract price and(b) periodic itemized estimates of work done for the purpose of _ making partiai payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 25. Payments to Contractor (a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract,but to insure the proper performance of this contract,the Owner shall retain ten percent _ (10%)of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided,that the Contractor shall submit his estimate not later than the first day of the month: Provided,further,that the Owner at any time after fifty percent(50%)of the work has been completed,if it finds that satisfactory progress is being made, may make any of the remaining progress ,J payments in full: Provided further,that on completion and acceptance of each , separate building,public work,or other division of the contract,on which the price is stated separately in the contract,payment may be made in full,including retained percentages thereon,less authorized deductions. (b) In preparing estimates the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner,but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged j work,or as a waiver of the right of the Owner to require the fulfillment of all of the ,j terms of the contract. j (d) Owner's Right to Withhold Certain Amounts and Make Aoalication Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all + claims growing out of the lawful demands of subcontractors,laborers,workmen, mechanics,material,men,and fumishers of machinery and parts thereof,equipment, j power tools,and all supplies,including commissary,incurred in the furtherance of the —' performance of this contract. The Contractor shall,at the Owner's request furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged,or waived. If the Contractor fails so to do,then the Owner may, after having served written notice on the said Contractor,either pay unpaid bills, i of which the Owner has written notice,direct,or withhold from the Contractor's v unpaid compensation a sum of money deemed reasonably sufficient to pay any and r all such lawful claims until satisfactory evidence is furnished that all liabilities have t t r i been fully discharged whereupon payment to the contractor shall be resumed,in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the Contractor,the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 26. Acceptance of Final Constitutes Release Y The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and liability to the Contractor for all things done or fumished in connection v�ilh this work and for every act and neglect of the Owner and others relating to or ( arising out of this work. No payment,however,final or otherwise,shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance --� and Payment Bond. 27. Payments by Contractor The Contractor shall pay(a)for all transportation and utility services not later than the 20th day of the calendar month following that in which services are rendered. (b)for all materials, tools,and other expendable equipment to the extent of ninety percent(90%of the cost ithereof,not!ater than the 20th day of the calendar month following that in which such —� materials,tools,and equipment are delivered at the site of the project,and the balance of the cost thereof,not later than the 30th day following the completion of that part of the work in or i on which such materials,tolls,and equipment are incorporated or used,and(c)to each of his subcontractors,not later than the 51h day following each payment to the Contractor,the respective amounts allowed the Contractor on account of the work performed by his j 7 subcontractors to the extent of each subcontractor's interest therein. I J �► 28. Insurance j The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the. Owner,nor shill the Contractor allow any subcontractor to commence work on his sub- contract until the insurance required of the subcontractor has been so obtained and _ approved. -� (a) Compensation Insurance: The Contractor shall procure and shall maintain J during the life of this contract Workmen's Compensation insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and,in case of any such work sublet,the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's j Compensation Statute,the Contractor shall provide and shall cause each .,J subcontractor to provide adequate employees as are not otherwise protected. Y4d t �i �. .S . <♦ ... 4 ., c ` • 1 ..L'nab.:f e{�.t l (b) " Contractors Public Liabili and Pro e Dama e Insurance and Vehicle Liability Insurance; The Contractor shall procure and maintain during the life of this contract Contractor's Public Liability Insurance,Contractors Property Damage Insurance and Vehicle Liability Insurance in the amounts specified in the Supplemental General Conditions. Subcontractors Public Liabili and Pro a Dama a Insurance and Vehicle Liability Insurance: The Contractor shall either(1)require each of his subcontractors to procure and to maintain during the life of this subcontract, Subcontractors Public Liability and Property Damage Insurance and Vehicle _ Liability Insurance of the type and of the amounts specified in the Supplemental General Conditions specified in subparagraph(b)hereof or, _i (2)insure the activities of his policy,specified in subparagraph(b)hereof. (d) j e of Insurance and S�ecfal Hazards: The insurance required under subparagraphs(b)and(c)hereof shall provide adequate protection for the Contractor and his subcontractors,respectively,against damage claims which may arise from operations under this contact,whether such operations by the insured or by anyone directly or indiiautly employed by him and,also against any of the special hazards which may be encountered in the performance of this contract as enumerated in the Supplemental General Conditions. (e) Builders Risk Insurance Fire and Extended Covera e : Until the project is i completed and accepted by the Owner,the Owner,or Contractor(at the 1 Owners option as indicated in the Supplemental General Conditions,Form i HUD-4238-N)is required to maintain Builders Risk Insurance(fire and extended coverage)on a 100 percent completed value basis on the insurable portion of the project for the benefit of the Owner,the Contractor,or J 1 subcontractors as their interests may appear. The Contractor shall not inGude any costs for Builders Risk Insurance(fire and extended coverage) 1 premiums during construction unless the Contractor is required to provide j — such insurance; however,this provision shall not release the Contractor from his obligation to complete,according to plans and;})ecifications,the project `1 covered by the contract,and the Contractor and his Surety shall be obligated to full performance of Contractors undertaking. —3 (n Proof of Carriage of Insurance; The Contractor shall fumish the Owner with certificates showing the type, 'mount,class of operations covered,effective dates and date of expiration of policies. Such cerlificates shall also contain substantially the following statement: 'The insurance covered by this certificate will not be canceled or materially altered,except after ten(10)days written notice has been received by the Owner." ; 29. Contract Security The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent(100%)of the contract prices as security for the faithful performance of this contract «-- and also a payment bond in an amount not less than one hundred percent(100%)of the + , contract price or in a penal sum not less than that prescribed by State,territorial or local law, for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. I 30. Additional or Substitute Bond If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety i or sureties,then upon the Performance or Payment Bonds,the Contractor shall within five (5)days after notice from the Owner so to do,substitute an acceptable bond(or bonds)in �1 such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 31. Assignments f The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns i all or any part of any moneys due or to become due under this contract,the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons,firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. 32. Mutual Responsibility of Contractors If,through acts of neglect on the pars of the Contractor,any other Contractor or any subcontractor shall suffer loss or damage on the work,the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Contractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained,the Owner shall notify the Contractor,who shall indemnify and save harmless the Owner against I any such claim. 33. Separate Contract The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution -� of the work. The Contractor,including his subcontractors, shall keep informed of the J progress and the detail work of other Contractors and shall notify the ArchitecVEngineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a contractor to keep informed of the work progressing on the site and failure to Jgive notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with 1 his own work. �! 34. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which,under normal contracting practices,are performed by specialty subcontractors. l r , J 4 ! i (b) The Conlractor shall not award any work to any subcontractors without prior written i approval of the Owner,which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the 1 subcontractor,which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by as he is for the acts and omissions of persons directly employed by him. them, (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the forms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. _.J (e) Nothing contained in this contract shall create any contractual relation between any —i subcontractor and the Owner. —� 35. Architect/Engineer's Authority The Archiiect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount,quality,acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which r» may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise express ly provided. In case any question shall arise between the parties hereto relative to said contract or specifications,the determinations or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work 4 under this contract affected in any manner or to any extent by such question. The Architect/Engineer shall decide the meaning and intent of any portion or of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. j 36. Stated Allowances 1 I i The Contractor shall include in his proposal the cash allowances stated In the Supplemental i General Conditions. The Contractor shall purchase the"Allowed Materials"as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the"Allowed Materials"is more or less than the"Cash Allowance,"the contract price shall be adjusted accordingly. The adjustment in contract Price shall be made on the basis of the purchase price without additional charges for overhead,profit,insurance or any other incidental expenses. The cost of installation of the 'Allowed Materials"shall be included in the applicable sections of the Contract Specifications ,J covering this work, 4 4' !! T 37. Use of Premises and Removal of Debris ' The Contractor expressly undertakes at his own expense: 1 "1 (a) to take every precaution against injuries to persons or damage to property; (b) to store his apparatus,materials,supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the -, work of any other contractors; (c) to place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) to cleanup frequently all refuse,rubbish,scrap material, and debris caused by his operations,to the end that at all limes the site of the work shall present a neat, _} orderly and workmanlike appearance; (e) before final payment to remove all surplus material,false work,temporary structures, including foundations thereof,plant of any description and debris of every nature 71 resulting from his operations,and to put the site in a neat,orderly condition; J (f) to effect all cutting,fining or patching of his work required to make the same to conform to the plans and specifications and,except with the consent of the Architect/Engineer,not to cut or otherwise alter the work of any other Contractor. 38. Quantities of Estimate i Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents includir^the proposal,they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited,to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract,and such -1 increase or diminution shall in no way violate this contract, nor shall any such increase or j diminution give cause for claims or liability for damages. 39. Lands and Rights-of-Way I Prior to the start of construction,the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract -� 40. General Guaranty ^1 Neither the final certificate of payment nor any prevision in the Contract Documents,nor J partial or entire occupancy of the premises by the Owner,shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability In respect to any express warfanties or responsibility for faulty materials workmanship. The Contractor shall remedy any defects in the world and pay for any damage to other work resulting therefrom,which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. i • f i F 1. li . I 41. Conflicting Conditions F Any provisions in any of the Contract Documents which maybe in conflict or inconsistent with any of the paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency, 71 42. Notice and Service Thereof i Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed,when said notice is i posted,by certified or registered mail, to the said Contractor at his last given a ddress, delivered in person to the said Contractor or his authorized representative of the work. i i 43. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein,and if through mistake or otherwise any such provision is not on the aplication of"-1 shall forthwith by physical ly amended to make such insertion or colrrect on. the contract ..J 44. Protection of Lives and Health of "The Contractor shall exercise proper precaution at all times for the protection either ronnor off and property and shall be responsible for all damages to persons or property, _ the site,which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes,in addition to specific safety and health regulations described by Chapter XIII,Bureau of Labor Standards,Department of Labor,Part 1518,Safety and Health Regulations for Construction,as outlined in the Federal Register, Volume 36,No.75,Saturday,April 17, 1971. Title 29-LABOR,shall be observed and the i Contractor shall take or cause to be taken,such additions!safety and health measures as the i .. Contracting Authority may determine to be reasonably necessary: . J45. Subcontracts "The Contractor will insert in any subcontracts the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban j Development may,by instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subconVacts which they may enter into,together with -j a clause requiring this insertion in any further subcontracts that may in turn be made." J 46. Interest of Member of or Delegate to Congress No member of or Delegate to Congress,or Resident Commissioner,shall be admitted to any share or part of this contract or to any benefit that may arise therefrom,but this provision . shall not be construed to exten+i this contract if made with a corporation for its general J benefit. 47. Other Prohibited Interests . ✓ No official of the Owner who is authorized in such capacity and on behalf of the Owner to yti Y:y negotiate,make,accept, or approve,or to take pars in negotiating,making,accepting,or J • r ! approving any architectural,engineering,inspection,construction,or maler'al supply contrail or any subcontract in connection with the construction of the project,shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, 'u architect,attorney,engineer,or inspector of or for the owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative,executive, supervisory or other similar functions in connection with the construction of the project,shall become directly or indirectly interested personally in this contract or in any part thereof,any material t supply contract,subcontract,insurance contract,or any other contract pertaining to the t project. ' 7 j 48, Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before I formal acceptance by the Owner,provided the Owner: (a) Secures written consent of the Contractor except in the event,in the opinion of the i Architect/Engineer,the Contractor is chargeable with unwarranted delay in final i cleanup of punch list items or other contract requirements. (b) Secures endorsement from the insurance carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction,or, (c) When the project consists of more than one building,and one of the buildings is occupied,secures permanent fire and extended coverage insurance,including a permit to complete construction. Consent of the surety must also be obtained. (1) The Contractor will not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment,without regard to their I race,color,religion,sex,or national origin. Such action shall include,but not —1 be limited to,the following: employment,upgrading,demotion,or transfer, { J recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The Contractor agrees to post in conspicuous places, j available to employees and applicant for employment,notices to be provided setting forth the provisions of this non-discrimination clause, (2) The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race,color, religion, sex, or national origin. 49. Photographs of the Project r ,J If required by the Owner,the Contractor shall furnish photographs of the project,in the quantities and as described in the Supplemental General Conditions. r,1 .. ........... .._.......,..�...•,«........ -.... .. .«..,e...w....yyd.,J:a%t1'fi»Lta`7.[.1i.�}K6.�.^ �f I i 50. Suspension of Work l1 Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason or any litigation or other reason beyond the control of the Owner,the Contractor shall not be entitled to make or assert claim for damage by reason of said delay;but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. 51. Minimum Wages All laborers and mechanics employed upon the work covered by this Contract shall be paid r unconditionally and not less often than once each week,and without subsequent deduction or rebate on any account(except such payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor,pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than those contained in the wage determination decision of said Secretary of Labor(a copy of which is attached and herein incorporated by reference),regardless of any contractual relationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics employed upon such work shall be paid in cash,except that payment may be by check if the employer provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same without cost or expense to the employee. For the purpose i of this clause,contributions made or costs reasonably anticipated under Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such lahorers or mechanics,subject to the provisions of Section 5.5 a 1 I of Title 29,Code of Federal Regulations. Also for the purpose of this clause,regular contributions made or co incurred for more than cost a weekly period under plans,funds, or programs, but covering the "J particular weekly period,are deemed to be constructively made or incurred during such f weekly period. 52. Underpayment Of Wages Or Salaries r In case of underpayment of wages by the Contractor or by any subcontractors to laborers or mechanics employed by the Contractor or subcontractor upon the work covered by this J Contract,the Local Public Agency or Public Body in addition to such other rights as may be afforded it under this Contract shall withhold from the Contractor,out of any payments due the Contractor,so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or mechanics the full amount of wages required by this i Contract. The amount so withheld may be disbursed by the Local Public Agency or Public Body,for and on account of the Contractor or the subcontractor(as may be appropriate),to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds,or programs for any type of fringe benefit prescribed in the applicable wage determination. 53. Anticipated Costs Of Fringe Benefits If the Contractor does not make payments to a trustee or other third person,he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract; I r� tt. • I Provided,however,The Secretary of Labor has found,upon the written request of the ' Contractor,that the applicable standards of the Davis-Bacon Act have been met. The • Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public Body with the first payroll filed by the ,..i Contractor subsequent to receipt of the findings. 54. Overtime Compensation Required By Contract Work Hours And Safety Standards Act (76 Stat.357.360: Title 40 U.S.C.,Sections 327-332) (a) Overtime Requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics, including watchmen and guards,shall require or permit any laborer or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or in excess of 40 hours in such work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40 hours in such 7 work week,as the case may be. • _1 {b) Violation: Liability for Unoaid Waoes Liouidaled Damages.In the event of any violation _ of the clause set forth in paragraph(a),the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In addition,such --� Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violations of the clause set forth in paragraph(a), in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess -' of 8 hours or in excess of the standard workweek or 40 hours without pe ant of the overtime wages required by the clause set forth in paragraph(a). (c) Wlhholdino for liouidated dama es, The Local Public Agency or Public Body shall withhold or cause to be withheld,from any moneys payable on account of work performed by I the Contractor or subcontractor,such sums as may administratively be determined to be } necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages i as provided in the clause set forth in paragraph(b). I (d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraph(a),(b),and(c)of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into,together with J a clause requiring this insertion in any further subcontracts that may in turn be made. 55. Employment Of Apprentices/Trainees a. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed and individually registered in a bona-fide apprenticeship program registered with the U.S.Department of Labor,Manpower Administration,Bureau of Apprenticeship and Training,or with a State Apprenticeship Agency recognized by the Bureau,or if a person is employed in his '1 first 90 days of probationary employment as an apprentice in such an apprenticeship =J program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an i I apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractors to his / entire work force under the registered program. Any employee listed on a payroll at i an apprentice wage rate,who is not a trainee as defined in subdivision (b)of this -•I subparagraph or is not registered or otherwise employed as stated above,shall be I paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed, The contractor or subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates),for the area of construction prior to using any apprentices on the contract work. The wage rate paid apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the j applicable wage determination. _.r b. Trainees. Except as provided in 29 CFR 5.15 trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification,by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training. Every trainee must be paid at not less than the rate specified in the approved program for his level of progress. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The -� contractor or subcontractor will be required to furnish the contracting officer or a representative of the Wage-Hour Division of the U.S. Department of Labor written ti evidence of the certification of his program,the registration of the trainees,and the i .• ratios and wage rates prescribed in that program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Equal Employment Opportunity. The utilization of apprentices,trainees and ,. journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, as 29 CFR Part 30. J 56. Employment Of Certain Persons Prohibited r No person under the age of sixteen years and no person who,at the time,is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract 57. Regulations Pursuant To So-Called"Anti-Kickback Act" The Contractor shall comply with the applicable regulations(a copy of which is attached and I herein incorporated by reference)of the Secretary of Labor,United States Department of Labor,made pursuant to the so-called"Anti-Kickback Act"of June 13,1934(48 Stat.948: 62 J Stat.862;Title U.S.C.,Section 874:and Title 40 U.S.C.,Section 276c), and any amendments J_ or modifications thereof,shall cause appropriate provisions to be inserted in subcontracts to j insure compliance therewith by all subcontractors subject thereto,and shall be responsible o I . for the submission of affidavils required by subcontractors thereunder,except as said Secretary of Labor may specifically provide for reasonable limitations,variations,tolerances, • and exemptions from the requirements thereof. 58. Employment Of Laborers Or Mechanics Not Listed In Aforesaid Wage Determination Decision Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract will be classified or reclassified conformably to the wage i determination by the Local Public Agency or Public Body,and a report of the action taken shall be submitted by the Local Public Agency or Public Body,through the Secretary of Housing and Urban Development,to the Secretary of Labor, United States Department of Labor. In the event the interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used,the question accompanied by the recommendation of the Local Public Agency of Public Body shall be i referred, through the Secretary of Housing and Urban Development,to the Secretary of Labor for final determination. 59. Fringe Benefits Not Expressed As Hourly Wage Rates • I The Local Public Agency or Public Body shall require,whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit ;I which is not expressed as an hourly wage rate and the Contractor is obligated to pay cash equivalent of such a fringe benefit,an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit,the question,accompanied by the recommendation of the Local Public Agency or Public Body, shall be referred,through the Secretary of Housing and Urban Development,to the Secretary of Labor for determination. 60. Posting Wage Determination Decisions And Authorized Wage Deductions J The applicable wage poster of the Secretary of Labor,United Slates Department of Labor, and the applicable wage determination decisions of said Secretary of Labor with respect to J the various classification of laborers and mechanics employed and to be employed on the work covered by this Contract,and a statement showing all deductions,if any,in accordance with the provisions of this Contract,to be made from wages actually earned by persons so employed or to be employed in such classifications,shall be posted at appropriate conspicuous points at the site of the work. I , 61. Complaints,Proceedings,Or Testimony By Employees No laborer or mechanic to whom the wage,salary,or other labor standards provisions of this `I Contract are applicable shall be discharged or in any other manner discriminated against by •-� the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his „J employer. 62. Claims And Disputes Pertaining To Wage Rates Claims and disputes pertaining to wage rates or to classificatons of laborers and mechanics i employed upon the work covered by this Contract shall be promptly reported by the � r 4 1. ,l I Contractor in writing to the Local Public Agency or Public Body for referral by the latter � through the Secretary of Housing and Urban Development to the Secretary of Labor,United States Department of Labor,whose decision shall be final with respect thereto. 63. Questions Concerning Certain Federal Statutes And Regulations I All questions arising under this Contract which relate to the application or interpretation of(a) ! the aforesaid Anti-Kickback Act,(b)the Contract Work Hours and Safety Standards Act,(c) 1 the aforesaid Davis-Bacon Act,(d)the regulations issued by the Secretary of Labor,United States Department of Labor,pursuant to said Acts,or(e)the labor standards provisions of any other pertinent Federal statute,shall be referred,through the Local Public Agency or I Public Body and the Secretary of Housing and Urban Development,to the Secretary of Labor,Untied States Department of Labor,for said Secretary's appropriate ruling or interpretation which shE II be authoritative and may be relied upon for the purposes of this Contract. 64. Payrolls And Basic Records Of Contractor And Subcontractors f The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit weekly to the Local Public Agency or Public Body two certified copies of all payrolls of the Contractor and of the subcontractors, it being understood j that the Contractor shall be responsible for the submission of copies of payrolls of all subcontractors. Each such payroll shall contain the"Weekly Statement of Compliance"set forth in section 3.3 of Title 29,Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and basic payroll I records shall contain the name and address of each such employee,his correct classification,rate of pay(including rates of contributions or costs anticipated of the types described in Section 1(b)(2)of the David-Bacon Act),daily and weekly number of hours worked,deductions made, and actual wages paid. In addition,whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv)of Title 29,Code of Federal Regulations,that the wages of any laborer or mechanic include the amount of any costs reasonably I anticipated in providing benefits under a plan or program described in Section 1(b)(2)(3)of the Davis-Bacon Act,the Contractor or subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is i financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him upon the work covered by this Contract available for inspection by authorized representatives of the Secretary of Housing and Urban Development,the Local Public Agency or Public Body,and the United Stales Department of Labor. Such representatives shall be permitted to interview ..J employees of the Contractor or of any subcontractor during working hours on the job. >t 65. Specific Coverage Of Certain Types Of Work By Employees J The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains by the employees of the Contractor or of any subcontractor,and the manufacturing or furnishing of materials,articles,supplies,or equipment on the site of µy the Project or Program to which this Contract pertains by persons employed by the I r r . Contractor or by any subcontractor,shall,for the purposes of this Contract,and without M limiting the generality of the foregoing provisions of this Contract,be deemed to be work to i which these Federal Labor Standard Provisions are applicable. 66. Ineligible Subcontractors The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Age o Public Bbod Body's prior written approval of the subcontractor. The Local Public Agency Body ct who will not approve any subcontractor for work regulations by s Contra by the is of Labor, ineligible under the provisions of any app' 9 , United States Department of Labor or the Secretary of Housing and Urban Development,to receive an award of such subcontract. _) 67, Provisions To Be Included In Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering a J ny of the • work covered by this Contract,provisions which are consistent with these Federal Labor I Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into,together with a clause --I requiring such insertion in any further subcontracts that may in turn be made. —' 66. Breach Of Foregoing Federal Labor Standards Provision _ In addition to the causes for termination of this Contract as herein elsewhere set forth,the Local Public Agency or Public Body reserves the right to terminate this Contract it the j Contractor or any subcontractor whose subcontract covers any of the work covered by this , Contract shall breach any of these may bergroundsfor debarment s provided by the Federal Labor Standards Provis Y J applicable regulations issued by the Secretary of Labor,United States Department of Labor. 69. Employment Practices . —� The Contractor(1)shall,to the greatest extent practicable,follow ortun'i and es for the unemployed practices for work on the project which will provide new job opp and underemployed;and(2)shall insert or cause to be inserted the same provision in each construction subcontract. 70, Contract Termination;Debarment A breach of Section 45 and the Federal Labor Standards Provision,may be grounds for termination of the contract,and for debarment as provided in 29 CFR 5.6. I • I Federal Labor Standards Provisions U.S.Department of Housing l and Urban Development Applicability The Project or Program to which the construction work covered by this representative,will issue a determmahon wthn 30 days of receipt and I ontract pertains is being assisted by the United States of Amenca and the so advise HUD or its designee or will notify HUD or its designee within i following Federal Labor Standards Provisions are included in this Contract the 30-day period that additional time Is necessary. (Approved by the pursuant to the provisions applicable to such Federal assistance. Office of Management and Budget under OMB Control Number 1215 A.1.(I)Minimum Wages. All laborers and mechanics employed or working 0140.) upon the site of the work(or under the United Stales Housing Act of 1937 or (d)The wage rate(including fringe benefits where appropriate) ^� under the Housing Act of 1949 in the construction or development of the determined pursuant to subparagraphs(1)(b)or(c)of this paragraph, project),will be paid unconditionally and not less often than once a week,and shall be paid to all workers performing work in the classification under without subsequent deduction or rebate on any account(except such payroll this contract from the first day on which work is performed in the deductions as are permitted by regulations issued by the Secretary of Labor classification. under the Copeland Act(29 CFR Pan 3)),the full amount of wages and bona (Ill)Whenever the minimum wage rate prescribed in the contract ride fringe benefits(or cash equivalents thereof)due at time of payment for a class or laborers or mechanics includes a fnnge benerd which Is compuled at rates not less than those contained in the wage determination of not expressed as an hourly rate,the contractor shall either pay the the Secretary of Labor which is attached hereto and made a part hereof, benefit as stated in the wage determination or shall pay another bona regardless of any contractual relationship which may be alleged to exist fide fringe benefit or an hourly cash equivalent thereof. between the contractor and such laborers and mechanics Contributions (Iv)If the contractor does not make payments to a trustee or other made or costs reasonably anticipated for bona fide fringe benerds under third person,the contractor may consider as pan of the wages of any Section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics laborer or mechanic the amount of any costs reasonably anticipated in i are considered wages paid to such laborers or mechanics,subject to the providing bona fide fnnge benefits under a plan or program,provided, provisions of 29 CFR 5 5(a)(1)(tv);also,regular contribut-ors made or costs that the Secretary of Labor has found,upon the written request of the incurred for more than a weekly penod(but not less often than quarterly) contractor,that the applicable standards of the Davis-Bacon Act have under plans,funds,or programs,which cover the panicu,ar weekly period, been met. The Secretary of Labor may require the contractor to set are deemed to be constructively made or incurred dunng such weekly period, aside In a separate account assets for the meeting of obligations under i — Such laborers and mechanics shall be paid the appropriate wage rate and the plan or program. (Approved by the Office of Management and fringe benefits on the wage determination for the classification of work Budget under OMB Control Number 1215-0140.) actually performed,wrthoul regard to Stull,except as prov ded in 29 CFR Part 2. Withholding. HUD of as designee shall upon its own action or 5.5(x)(4). Laborers or mechanics performing work in mo-e than one upon wntlen request of an authorised representative of the Department classification may be compensated at the rate specified for each of Labor withhold or cause to be withheld from the contractor under this classification for the time actually worked therein,provided,that the contract or any other Federal contract with the same prime contract,or employer-s payroll records accurately set forth the time spent in each any other Federally-assisted contract subject to Davis-Bacon prevailing classification in which work is performed. The wage determination(including wage requirements,which is held by the same prime contractor so any additional classification and wage rates conformed under 29 CFR Part much of the accrued payments or advances as may be considered — 5,5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted at all necessary to pay laborers and mechanics,including apprentices, times by the contractor and its subcontractors at the site of the work in a trainees and helpers,employed by the contractor or any subcontractor prominent and accessible place where It can be easily sren by the workers. the full amount of wages required by the contract. In the event of failure (11)(a)Any class of laborers or mechanics which is not listed in the to pay any laborer or mechanic.Including any apprentice,trainee or wage determination and which is to be employed under the contract shall be helper,employed or working on the site of the work(or under the United classified in conformance with the wage determination HUD shall approve Slates Housing Act of 1937 or under the Housing Act of 1949 in the - an additional classification and wage rate and fringe benerds therefore only construction or development of the project),all or part of the wages when the following criteria have been met: required by the contract,HUD or its designee may,after written notice (1)The work to be performed by the classification requested its to the contractor,sponsor,applicant,or owner take such action as may not performed by a classification in the wage determination;and be necessary to cause the suspension of any further payment,advance, (2)The classification is utilized in the area by the construction or guarantee of funds until such violations have ceased. HUD or its Industry,and designee may,after written notice to the contractor,disburse such _ (3)The proposed wage rate,including any bona ride fringe amounts withheld for and on account of the contractor or subcontractor benefits,bean a reasonable relationship to the ware rates contained in the to the respective employees to whom they are due. The Comptroller wage determination. General shall make such disbursement in the case of direct Davis- (b)If the contractor and the laborers and mechanics to be employed Bacon Act contracts. In the classification(if known),or their representatives,and HUD of do 3.(n Payrolls and basic records. Payrolls and basic records designee agree on the classification and wage rate(including the amount relating thereto shall be maintained by the contractor during the course ' designated for fringe benefits where appropriate),a report of the action taken of the work preserved for a penod of three years thereafter for all shag be send by HUD or its designee to the Administrator of the Wage and laborer;and mechanics working at the site of the work(or under the Hour Division,Employment Standards Administration,U.S.Department of United States Housing Act of 1937,or under the Housing Act of 1949, I Labor,Washington,D.C.20210. The Administrator,or an authorized in the construction or development of the project), Such records shall representative,will approve,modify,or disapprove every additional contain the name,address,and social security number of each such .-I classification action within 30 days or receipt and so advise HUD or its worker,his or her correct classification,hourly rates of wages paid designee or will notify HUD or Its designee within the 30-day period that (including rates of corttnbutions or costs anticipated for bona fide fringe additional time is necessary. (Approved by the Office of Management and benerds or cash equivalents thereof of the types described in Section Budget under OMB Control Number 12150140.) 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours �i (c)In the event the contractor,the laborers or mechanics to be worked,deductions made and actual wages paid. Whenever the employed In the classification or(heir repree^ntatives,and HUD or its Secretary of labor has found under 29 CFR 5.5(a)(1)(iv)that the designee do not agree on the proposed classification and wage rate wages of any laborer or mechanic include the amount of any costa (including the amount designated for fringe benefits.where appropriate), reasonably anticipated in providing benerns under a plan or program HUD or its designee shall refer the questions,including the views of alf described Ins Section 1(b)(2)(B)of the Davis-Bacon Act,the contactor interested parties and the recommendation of;AUD or its designee,to the shall maintain records which show that the commitment to provide such Administrator for determination. The Administrator,or an authorized benefits is enforceable,that the plan or program is financially HUD-4010(2-84) Previous Edition is Obsolete (HB 1344.1) i c ' j lrrl�a araarsar®rtwaneslta4Qaaa .u4areau j dr jresponsible,and that the plan or program has been communicated in wining worker listed on a payroll at an apprenl ce wage rate,who is not to the laborers or mechanics alfecled,and records which show the costs registered or otherwise employed as stated above,shall be paid not less Ax� anticipated or the actual cost incurred in providing such benefits. that the applicable wage rate on the wage determination for the ;y L Contractors emplcying apprentices or trainees un:er approved programs classification of work actually performed. In addrtiui,any apprentice t I shall maintain written evidence of the registration of apprenticeship programs performing work on the job site in excess of the ratio permitted under and certification of trainee programs,the registration of the apprentices and the registered program shall be paid not less than the applicable wage trainees and the ratios and wage rates prescribed in the applicable programs. rate on the wage determination for the work actually performed. Where " (Approved by the Office of Management and Budget under OMB Control a contractor is performing construction on a project In a locality other ! Numbers 1215.0140 and 1215.0017.) than that in which its programs registered,the ralios and wage rates (li)(a)The contractor shall submit weekly for each week in which any (expressed in percentages of the journeyman-s hourty rate)specified in contract work is performed a copy of all payrolls to HUD or its designee if the the contractor-s or subcontractor-s registered program shall be agency is parry to the contract but If the agency is not such a party,the observed. Every apprentice must be paid at not less than the rate contractor will submit the payrolls to the applicant,sponsor,or owner,as the specified in the registered program for the apprentice-s-s level of r ) case may be,for transmission to HUD or its designee. The payrolls progress,expressed as a percentage of the(oumeymen hourty rate submitted shall set out accurately and completely all of the information specified in the applicable wage determination,Apprentices shall be required to be maintained under 29 CFR Part 5 5(a)(3)(i). This information paid fringe benefits in accordance wnh the provisions of the i may be submitted in any form desired. Optional Form WH•347 is available apprenticeship program. If the apprenticeship program does not j for this purpose and may be purchase from the Superintendent of specify fringe benefits,apprentices must be paid the full amount of Documents(Federal Stock Number 029.005.000141),U.S.Government fringe benefits listed on the wage determination for the applicable Printing Office.Washington,0 C.20402. The prime contractor is classification. If the Administrator determines that a different practice responsible for the submission of copies of payrolls by all subcontractors, prevails for the applicable apprentice classification,fringes shall be paid (Approved by the Office of Management and Budget under OMB Control in accordance with that determination. In the event the Bureau of Number 1215.0149.) Apprenticeship and Training,or a Slate Apprenticeship Agency (b)Each payroll submitted shall be accompanied by a*Statement of recognized by the Bureau,withdraws approval of an apprenticeship Compliance;signed by the contractor or subcontractor or his or her agent program,the contractor vnll no longer be permd led to utilize apprentices who pays or supervises the payment of the persons employed under the at less than the applicable predetermined rate for the work performed contract and shall certify the following: until an acceptable program is approved, (1)That the payroll for the payroll period coniams the information (It)Trainees. Except as provided in 29 CFR 5.16,trainees will required to be maintained under 29 CFR Part 5 5(a)(3)()and that such not be permitted to work at less than the predetermined rate for the work Information is correct and complete; performed unless they are employed pursuant to and individually i (2)That each laborer or mechanic(including each helper, registered in a program which has received prior approval,evidenced by apprentice,and trainee)employed on the contract during the payroll period formal certification by the U.S.Department of Labor,Employment and has been paid the full weekly wages earned,without rebate,either direly or Training Administration. The ratio of trainees to journeymen on the job Indirectly,and that no deductions have been made either duectty of indirectly site shall not be greater than permitted under the plan approved by the from the full wages earned,other than permissible deductions as set forth in _..i 9 P Employment and Training Administration. Every trainee must be paid at 29 CFR Part 3; not less than the rate specified in the approved program for the (3)That each laborer or mechanic has been paid not less than the trainee-e level of progress,expressed as a percentage of the —� applicable wage rates and fringe benefits or cash equivalents for the journeyman hourly rate specified in the applicable wage determination. classification of work performed,as specified in the applicable wage Trainees shall be paid fringe benefits in accordance with the provisions determination incorporated into the contract. of the trainee program. If the trainee program does not mention fringe _ (c)The weekly submission of a property executed certification set benefits,trainees shall be paid the full amount of fringe benefits listed forth on the reverse side of Optional Form WH•347 shall satisfy the on the wage determination unless the Administrator of the Wage and requirement for submission of the'Statement of Compliance"required by Hour Division determines that there is an apprenticeship program paragraph A.3(ii)(b)of this section. associated with the corresponding joumeyman wage rate on the wage (d)The falsification of any of the above certifications may subject the determination which provides for less than full fringe benefits for contractor or subcontractor to civil or criminal prosecution under Section apprentices. Any employee listed on the payroll at a trainee rate who is 1001 of Title 18 and Section 231 of Title 31 of the Unded Stales Code. not registered and participating in a training plan approved by the 1 (III)The contractor or subcontractor shall make the records required Employment and Training Administration shall be paid not less than the under paragraph A.3.(i)of this section available for inspection,copying,or appfcable wage rate on the wage determination for the work actually transcription by authorized representatives of HUD or ns designee or the performed. In addition,any trainee performing work on the job site in Department of Labor,and shall permit such represenlalrves to interview excess of the ratio permitted under the registered program shall be paid employees during working hours on the jab. If the contractor or not less than the applicable wage rate on the wager determ na8on for subcontractor fails to submit the required records or to make them available, the work actually performed. In the event the Employment and Training HUD or its designee may,after written notice to the contractor,sponsor, Administration withdraws approval of a!raining program,the contractor applicant,or owner,lake such action as may be necessary to eau34 the wig no longer be permitted to utilize trainees at less than the applicable suspension of any further payment,advance,or guarantee of funds. predetermined role for the work performed unfit an acceptable program Furthermore,failure to submit the required records upon request or to make is approved• such records available may be grounds for debarment action pursuant to 29 (III)Equal employment opportunity.The utilization of CFR Part 5.12. 4,(Q Apprentices and Trainees. Apprentices.Apprentices will be conformity with trees and journeymen under this part uire be in () PP PP PP conformity with the equal employment opportunity requirements of , J permitted to work at less than the predetermined rata for the work they Executive Order 11248,as amended,and 29 CFR Pad 30. performod when they are employed pursuant to and Individualy registered in 5. Compliance with Copeland Act requirements. The contractor a bona fide apprenticeship program registered with the U.S.Department of shag comply with the requirements of 29 CFR Part 3 which are 1 Labor,Employment and Training Administration,Bureau of ApprentKeship Incorporated by reference in this contract. JI and Training,or wfth a Stale Apprenticeship Agency recognized try the e, Subcontracts. The contractor or subcontractor w@ Insert In any Bureau,or if a person is employed In his or her first 90 days of probationary subcontracts the clauses contained in 29 CFR 5.5(e)(1)through(10) employment as an apprentice in such an appranticeship program,who is not and such other clauses as HUD or its designee may by appropriate Individually registered in the program,but who has been certified by the Inslnxtions require,and also a clause requiring the subcontractors to Bureau of Apprenticeship and Training or a State Apprenticeship Agency include these clauses in any lower tier subcontracts. The prime (where appropriate)to be eligible for probationary employment as an contractor shall be responsible for the compliance by any subcontractor apprentice. The allowance ratio of apprentices to journeymen on the job sde or evver tier subcontractor with all the contract clauses In 29 CFR In any craft classification shall not be greater than the ratio permitted to the Part S.S. contractor as to the entire work force under the registered program.Any j HUD4010(2-84) j • r It f A I r I f { 7. Contract termination;debarment A breach of the contract clauses 2.Violation:liability for unpaid wages:liquidated damages, In j In 29 CFR 5.5 may be grounds for termination of the contract,and for the event of any violation of the clause oral forth in subparagraph(1)of debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. this paragraph,the contractor and any subcontractor responsible E.Compliance with Davis•13acon and Related Act Requirements. All therefor shall be liable for the unpaid wagers. In addition,such P rulings and Interpretations of the Davis-Bacon and Related Acts contained in contractor and subcontractor shall be liable to the United States(In I j •• j 29 CFR Parts 1,3,and 5 aie herein Incorporated by reference in this case of work done under contract for the District of Columbia or a he contract. territory,to such District or to such territory),for liquidated damages. 9. Disputes concerning labor standards. Disputes ansing out of the Such liquidated damages shall be computed with respect to each labor standards provision of this contract shall not be su:.jecl to the general individual laborer or mechanic,including watchmen and guards, ' disputes clause of this contract. Such disputes shall be resolved in employed in violation of the clause set forth in subparagraph(1)of this accordance with the procedures of the Department of Labor set forth in 29 paragraph,in the sum of S10 for each calendar day on which such CFR Parts 5,6,and 7. Disputes within the meaning of this clause include Individual was required or permitted to work In excess of the standard disputes between the contractor(or any of its subcontractors)and HUD or its workweek of forty hours without payment of the overtime wages designee,the U.S.Department of Labor,or the employees or their required by the clause set forth in subparagraph(1)of[his paragraph. -1 representatives. 3. Withholding for unpaid wages and liquidated dar ages. 10.(i)Certification of Eligibility. By entenng into this contract,the HUD or Its designee shall upon its own action or upon written request of contractor certifies that neither it(nor he or she)nor any person or firm who an authorized representative of the Department or Labor withhold or has an interest in the contractor-s firm is a person or firm ineligible to be cause to be withheld,from any moneys payable on account of work j w awarded Government contracts by virtue of Section 3(a)of the Davis-Bacon performed by the contractor or subcontractor under any such contract Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or participate in or any other Federal contract with the same prime contractor,or any HUD programs pursuant to 24 CFR Part 24. other Federal-assisted contract subject to the Contract Work Hours and (II)No part of this contract shall be subcontracted to any person or firth Safety Standards Act,which is held by the same prime contractor such ineligible for ward of o Government contract by virtue of Section 3(a)of the sums as may be determined to be necessary to satisfy any IabilRles of Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or such contractor or subcontractor for unpaid wages and liquidated participate In HUD programs pursuant to 24 CFR Part 24. damages as provided in the clause set forth in subparagraph(2)of this 7 (III)The penally for making false statements is prescribed in the U.S. paragraph. Criminal Code,18 U.S.C.1001. Additionally,U S.Cnmmal Code,Section 4. Subcontracts. The contractor or subcontractor shall Insert In -� 1010,This IB,U.S.C.,'Federal Housing Administration transactions-, any subcontracts the clauses set forth in subparagraph(1)through(4) provides in part: Whoever,for the purpose of,..influencing in any way the of this paragraph and also a clause requiring the subcontractors to —) action of such Administration...makes,utters or publishes any statement, include these clauses in any lower tier subcontracts. The prime knowing the same to be false...shall be fined no more than$5,000 of contractor shall be responsible for compliance by any subcontractor or j Imprisoned not more than two years,or both' lower tier subcontractor with the clauses set forth in subparagraphs(1) 11. Complaints,Proceedings,or Testimony by Employees. No through(4)of this paragraph. laborer or mechanic to whom the wage,salary,or other labor standards C. Health and Safety. -'� provisions of this contract are applicable shall be discharged or in any other 1. No laborer or mechanic shall be required to work In surroundings I j manner discriminated against by the contractor or any subcontractor or under working conditions which are unsanitary,hazardous,or because such employee has filed any ccn,p.1j;rt or[nslituted or caused to be dangerous to his health and safety as determined under conshucHon Instituted any proceeding or has testified or is about to testify in any safety and health standards promulgated by the Secretary of Labor by proceeding under or relating to the labor standards applicable under this regulation.• contract to his employer. 2.The contractor shall comply with all regulations issued by the 19.Contract Work Hours and Safety Standards Act As used In this Secretary of Labor pursuant to Title 29 Part 1928(formerly part 1518) paragraph,the terms-laborers-and-mechanics'include watchmen and and failure to comply may result in Imposition of sanctions pursuant to guards. the Contract Work Hours and Safety Standards Act(Public Law 91.54, 1. Overtime requirements. No contractor or subcontractor contracting 83 Stat.96). for any pan of the contract work which may require or involve the employment 3. The contractor shag Include the provisions of this Article In every of laborers or mechanics shag require or permit any such laborer or subcontract so that such provisions will be binding on each 1 mechanic In any workweek In which he or she is employed on such work to subcontractor. The contractor shag lake such action with respect to 1 work in excess of forty hours in such workweek unless such laborer or any subcontracts as the Secretary of Housing and Urban Development wl mechanic receives compensation at a rate not less than one and one-half or the Secretary of Labor shall direct as a means of enforcing such times the bask rate of pay for all hours worked in excess of forty tours In provisions. i such workweek. j j � J i i HUD4010(2-84) a r r G � t i t � f i s t t r Ono E AT � 1 5, t ' ' 1 } t t , t r v t �14 t R , 'N �ttt ,t IIWMM i t . i 5 MOW,i 1: t t2t .. t3 jirt. to My.+' ,F• rf it , � � J 1 t 1 C t MW t J � is �• t f 4 "9 y �} `ak• ..5 1 t,-'V'�p�ry3�&��`27P K` i F1FJ7•qu+'rosnP�n+ -7�7, ,-masw t t t t _ S t ',7y.i �"{ i �: •i' It itt tt f .}i.t tr iti, it ? {{ t s s. - � t tnr•k t iv 1 ! I y F rr •s � ' 1 r isr. ¢ w,. 1 4 A J ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED"ANTI-KICKBACK ACT"AND REGULATIONS PROMULGATED i PURSUANT THERETO BY THE SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR --� TITLE 18, U.S.C„SECTION 374 (Replaces Section 1 of the Act of June 13, 1934 (48 Stat.948,40 U.S.C.,Sec.276b) ` pursuant to the Act of June 25, 1948,62 Stat.862) Kickbacks from Public Works Employees Whoever,by force,intimidation,or threat of procuring dismissal from employment,or by any other manner whatsoever induces any person employed in the construction,prosecution,completion or --11 repair of any public building,public work, or building or work financed in whole or in part by loans or grants from the United Stales,to give up any part of the compensation to which he is entitled under his contract of employment,shall be fined not more than$5,000 or imprisoned not more than five years,or both. SECTION 2 OF THE ACT OF JUNE 13,1934,AS AMENDED (48 Stat.948,62 Stat 262,63 Stat 108,72 Stat.967,40 U.S.C.,Sec.276c) The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the wnstruction,prosecution,completion or repair of public buildings,public works or buildings or works financed in whole or in part by loans or grants from the United States,including a provision that each contractor and subcontractor shall fumish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18(United States Code)shall apply to such statements. ............................................ �i _ Secrets of Labor,United States Department of Pursuant to the aforesaid Anti Kickback Act,the Secretary Labor,has promulgated the regulations hereinafter set forth,which regulations are found in Title 29, _ Subtitle A,Code of Federal Regulations, Part 3. The term"this part,"as used in the regulations hereinafter set forth,refers to Part 3 last above mentioned. Said regulations are as follows: TITLE 29-LABOR Subtitle A-Office of the Secretary of Labor PART 3- CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES \t' • i i Section 3,1 Purpose and Scope This part prescribes"anti-kickback"regulations under section 2 of the Act of June 13, 1934,as amended(40 U.S.C.276c),popularly known as the Copeland Act. This part applies to any contract which Is subject to Federal Wage standards and which is for the construction,prosecution, completion,or repair of public buildings,public works or buildings or works financed in whole or In -' part by loans or grants from the United States. The part is intended to aid in the enforcement of the minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally assisted construction that contain similar minimum wage provisions,including those provisions which are not subject to Reorganization Plan No, 14 (e.g.,the College Housing Act of 1950,the ' Federal Water Pollution Control Act,and the Housing Act of 1959),and in the enforcement of the j overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regarding the wages paid on work covered thereby; sets forth the circumstances and procedures goveming the making of payroll deductions from the wages of those _ employed on such work;and delineates the methods of payment permissible on such work. Section 3.2 Definitions As used in the regulations in this part: i ..J (a) The terms"building"or"work"generally include construction activity as distinguished _ from manufacturing,furnishing of materials,or servicing and maintenance work. The terms include, Jwithout limitation,buildings,structures,and improvements of all types, such as bridges,dams, plants,highways,parkways, streets,subways,tunnels,sewers, mains,powedines,pumping stations,railways,airports,terminals,docks,piers,wharves,ways,lighthouses, buoys,jetties, -� breakwaters,levees,and canals;dredging,shoring,scaffolding,drilling,blasting,excavating, J] clearing,and landscaping. Unless conducted in connection with and at the site of such a building or work as is described in the foregoing sentence,the manufacture or furnishing of materials,articles, supplies,or equipment(whether or not a Federal or State agency acquires title to such materials, articles,supplies,or equipment during the course of the manufacture or fumishing,or owns the materials from which they are manufactured or furnished)is not a"building"or"work"within the -1 meaning of the regulations in this part. „ (b) The terms"construction,""prosecution,""completion,"or"repair"mean all types of work done on a particular building or work at the site thereof,including,without limitation,altering, remodeling,painting and decorating,the transporting of materials and supplies to or from the building or work by the employees of the construction contractor or construction subcontractor,and jthe manufacturing or furnishing of materials,articles,supplies,or equipment on the site of the =� building or work,by persons employed at the site by the contractor or subcontractor. (c) The terms"public building"or"public work"include building or work for whose -t construction,prosecution,completion,or repair,as defined above,a Federal agency is a contracting J party,regardless of whether title thereof is in a Federal agency. (d) The term"building or work financed in whole or in part by loans or grants from the United States"includes building or work for whose construction,prosecution,completion,or repair,as defined above,payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work for which Federal assistance is limited solely to loan guarantees or insurance, .J } �I i i ft;� (e) Every person paid by a contractor or subcontractor in any manner for his labor in the !� ,prosecution, construction completion, or repair of a public building or public work or building or work 1 financed in whole or in part by loans or grants from the United Stales is"employed"and receiving "wages"regardless of any contractual relationship alleged to exist between him and the real employer. The term"any affiliated person"includes a spouse, child,parent,or other close relative or the contractor or subcontractor;a partner or officer of the contractor or subcontractor, a corporation closely connected with the contractor or subcontractor as parent, subsidiary or otherwise,and an _ officer,or agent of such corporation. (g) The term"federal agency"means the United States,the District of Columbia,and all ^ executive departments,independent establishments,administrative agencies,and instrumentalities of the United States and of the District of Columbia,including corporations,all or substantially all of f the stock of which is beneficially owned by the United Stales, by the District of Columbia, or any of the foregoing departments,establishments,agencies,and instrumentalities. I Section 3.3 Weekl statement with res ect to a merit of wa es — (a) As used in this section the term'employee"shall not apply to persons in classifications higher than that of laborer or mechanic and those who are the immediate supervisors or such I ' employees. (b) Each contractor or subcontractor engaged in the construction,prosecution,completion, _ or repair of any public building or public work,or building or work financed in whole or in part by i loans or grants form the United States,shall furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcontractor or by an authorized officer or employee of the contractor or subcontractor who -� supervises the payment of wages, and shall be on form WH 3.18,"Statement of Compliance",or on an identical form on the back of WH 3.17"Payroll(For Contractors Optional Use)"or on any farm r with identical wording. Sample copies of WH 3-17 and WH 3-18 may be obtained from the y _ Government contracting or sponsoring Government Printing Office. 9 9 en cY and copies of these forms may be purchased at the l �I (c) The requirements of this section shall not apply to any contract of$2,000.00 or less. f (d) Upon a written finding by the head of a Federal agency,the Secretary of Labor may Provide reasonable limitations,variations,tolerances, and exemptions from the requirements o section subject to such conditions as the Secretary of Labor may specify f the (29 F.R.95.Jan.4, 1964,as amended at 33 F.R. 10186,July 17,1968) Section 3.4 Submission of weekl f statements and the reservation and ins ection of week) a oll records ; (a) Each weekly statement required under 3.3 shall be delivered by the contractor or �•+ subcontractor,within seven days after the regular representative of a Federal or State agency n charge at the site of he building or work,or if there is { no representative of a Federal or Slate agency at the site of the building or work,the statement shall be mailed by the contractor or subcontractor,within such time, to a Federal or State agency A f contracting for or financing the building or work. After such examination and check as may be made, �' /.. �..-...w. • , ' ............_..' y. rte...........-.._�.�..... _ i i such statement,or a copy thereof,shall be kept available,or shall be transmitted together with a report of any violation,in accordance with applicable procedures prescribed by the United States Department of Labor. i (b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of five years from date of completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer and mechanic,his correct classification, rate of ( pay,daily and weekly number of hours worked, deductions made,and actual wages paid. Such I payroll records shall be made available at all times for inspection by the contracting officer or his authorized representative,and by authorized representatives of the Department of Labor. I Section 3.5 Pavroll deductions permissible without application to or approval of the Secretary of Labor Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made without application to and approval of the Secretary of Labor, (a) Any deductions made in compliance with the req-,irements of Federal,Slate,or local law, such as Federal or State withholding income taxes and Federal social security taxes, (b) Any deductions of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment is made without discount or interest. A"bona fide prepayment of wages"is considered to have been made only when cash or its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the advanced funds. (c) Any deduction of amounts required by court process to be paid to another,unless the deduction is in favor of the contractor,subcontractor or any affiliated person,or when collusion or collaboration exists. (d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer or representatives of employees,or both,for the purpose for providing either from principal or income,or both,medical or hospital care,pensions or annuities on I I retirement, death benefits,compensation for injuries,illness,accidents,sickness,or disability,or for I insurance to provide any of the foregoing,or unemployment benefits,vacation pay, savings accounts,or similar payments for the benefit of employees,their families and dependents: Provided, however,That the following standards are met: (1) The deduction not otherwise prohibited by law; (2) it is either. (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for - the continuation of employment,or(ii) provided for in a bona fide collective bargaining agreement _ between the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,directly or indirectly,by the contractor or subcontractor or any affiliated person in the form of commission,dividend,or otherwise;and(4) the deductions shall serve the convenience and interest of the employee. (e) Any deduction contributing toward the purchase of United States Defense Stamps and "1 Bonds when voluntarily authorized by the employee. (f) Any deduction requested by the employer to enable him to repay loans to or to purchase shares in credit unions organized and operated in accordance with Federal and State credit union . statutes. v I j f (g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-govemmental agencies,such as the American Red Cross. 'N (h) Any deduction voluntarily authorized by the employee for the making of contributions to I Community Chests, United Givers Funds,and similar charitable organizations. I 1 . (1) Any deductions to pay regular union initiation fees and membership dues,not including fines or special assessments: Provided,however,That a collective bargaining agreement between ' the contractor or subcontractor and representative of its employees provides for such deductions and N� the deductions are not otherwise prohibited by!3w. (J) Any deduction not more than for the"reasonable cost"of board,lodging,or other facilities meeting the requirements of section 3(m)of the Fair Labor Standards Act of 1938,as , _j amended,and Par1531 of this title. When such a deduction is made the additional records required under 516.27(a)of this title shall be kept. Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not permitted under 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor,subcontractor,or any affiliated person does not make a profit or benefit directly or indirectly from the deduction either in the form of a commission,dividend,or otherwise; (b) The deduction is not otherwise prohibited by law; (c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance,or (2) provided for in a bona fide collective i bargaining agreement between the contractor or subcontractor and representatives of its employees; i and 1 I (d) The deduction serves the convenience and interest of the employee. ' I i Section 3.7 Applications for the approval of the Secretary of Labor Any application for the making of payroll deductions under 3.6 shall comply with the requirements prescribed in the following paragraphs of this section: J (a) The application shall be in writing and shall be addressed Io the Secretary of Labor. (b) The application shall identify the contract or contracts under which the work in question is to be performed. Permission will be given for deductions only on specific,identified contract,except upon a showing of exceptional circumstances. "1 (c) The application shall state affirmatively that there is compliance with the standards set J forth in the provisions of 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance. R 1 I err i (d) The application shall include a description of the proposed deduction,the purpose to be served thereby,and the classes of laborers or mechanics from whose wages the proposed deduction would be made. (e) The application shall state the name and business of any third person to whom any funds obtained from the proposed deductions are to be transmitted and the affiliation of such person,if any,with the applicant. Section 3.8 Action by the Secretary of Labor upon applications Mj The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions or 3.6,and shall notify the applicant in writing of his decision. w� Section 3.9 Prohibited Payroll deductions Deductions not elsewhere provided for by this part and which are not found to be permissible j under 3.6 are prohibited. Section 3.10 Methods of payment of wages I � I The payment of wages shall be by cash, negotiable instruments payable on demand,or the additional forms of compensation for which deductions are permissible under this part. No other 1 methods of payment shall be recognized on work subject to the Copeland Act. Section 3.11 Regulations part of contract All contracts made with respect to the construction,prosecution,completion,or repair or any public building or public work or building or work finances in whole or in part by loans or grants from the United States covered by the regulations in this part shall expressly bind the contractor or subcontractor to comply with such of the regulations in this part as may be applicable. In this regard, J see 5.5(a)of this subtitle. 1 A 1. F .. '^'"°x�,grsi3Ci9.i,G::"x`{"Ji7:r"w'`h��E"�.`.:tc:stt:;�.:. ,,.........<.v ......,�_.»^... y.,...,.n. ..H.....•............. ._ .., ._-- � ,n+a�, i: y., i t• • 7 ((rf�, � r• t -1 U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUPPLEMENTAL GENERAL CONDITIONS 1. Enumeration of Plans,Specifications and Addenda 2. Slated Allowances 3. Special Hazards is- t 4. Public Liability and Property Damage Insurance N� S. Photographs of Project 6. Schedule of Minimum Hourly Wage Rates ..r 7. Builder's Risk Insurance 8. Special Equal Opportunity Provisions --� 9. Certification of Compliance with Air and Water Acts 10. Special Conditions Pertaining to Hazards,Safety Standards and Accident Prevention +� t i , S r j: e )ttst a r t ,i '9.,St rS: r•+r t :� t •�i � •-1 s ? t� 1' a t,., $ r t '+'+�i;Fi4kF*yy✓ntwfn,>yi "TJ+J..' +_e',<"4>i:.+.,v�r,.,rro„na•no•w .,u:.>w.'..R r:,,•......,....,..ov,...q.w.:,»...»,.._....... ._ ,...,.._.....,»., i ,� or p 1 t t j' $ i I f�7, 1. ENUMERATION OF PLANS,SPECIFICATIONS AND ADDENDA _ Following are the Plans,Specifications and Addenda which form a part of this contract,as set forth in Paragraph 1 of the General Conditions,"Contract and Contract Documents DRAWINGS General Construction: Nos. 7 Heating and Ventilation: Nos. Plumbing: Nos. �. Electrical: Nos. 1 . Nos f � j —� Nos. I ( J SPECIFICATIONS; General Construction: Page to ;incl. -� Heating and Ventilation: Page to ;incl. Plumbing: Page to ;incl. Electrical: Page ' to ;Ind. i Page to ;incl. Page to ;incl. i ADDENDA No. Dale No. Date No. Date No. Dale ' 2. STATED ALLOWANCES Pursuant to ara ra h 36 0 P 9 P f the General Conditions,the contractor shall include the fallowing cash allowances in his proposal: (a) For (Page of Specifications) S (b) For J ( ) F (Page of Specifications) S k r f. f f f- i r•: j � c ( ) For (Page __of Specifications) $ ' (d) For (Page of Specifications) $ (e) For (Page of Specifications) $ 1� (i) For (Page of Specifications) $ I 3. SPECIAL HAZARDS j i ! The Contractor's and his Subcontractor's Public Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: i 4. CONTRACTOR'S AND SUBCONTRACTOR'S PUBLIC LIABILITY,VEHICLE LIABILITY, i AND PROPERTY DAMAGE INSURANCE As required under paragraph 28 of the General Conditions,the Contractor's Public Liability j -' Insurance and Vehicle Liability Insurance shall be in an amount not less than $ for injuries, including accidental death,to any one person,and subject to the same limit for each person,in an amount not less than$ on account of one accident,and Contractor's Property Damage Insurance in an amount not less than$ I The Contractor shall either (1) require each of his subcontractors to procure and to maintain ! during the life of his subcontract, Subcontractor's Public Liability and Property Damage of the type and in the same amounts as specified in the preceding paragraph,or (2) insure the f activities of his subcontractors in his own policy. PHOTOGRAPHS OF PROJECT i —� As provided in paragraph 50 of the General Conditions,the Contractor will furnish photographs in the number,type, and stage as enumerated below: t SCHEDULE OF OCCUPATIONAL CLASSIFICATIONS AND MINIMUM HOURLY WAGE RATES AS REQUIRED UNDER PARAGRAPH 52 OF THE GENERAL CONDITIONS. �j Given on Pages and I. 7. BUILDER'S RISK INSURANCE i As provided in the General Conditions,paragraph 28(e),the Contractor wilUwill not maintain Builder's Risk Insurance(fire and extended coverage)on a 100 percent completed i value basis on the insurable portions of the project for the benefit of the Owner,the .J Contractor,and all subcontractors,as their interests may appear. i. Strike out one W + S ti[ � 1, t ',• 1Y q<,.q•.24:.:.ia':.s:"T.", f,.<t.vn r ' -.-,...... - .... 7r F q. J r, ' ©. SPECIAL EQUAL OPPORTUNITY PROVISIONS r� A. Activities and Contracts Not Subject to Executive Order 11246,as Amended. ' (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under) During the performance of this contract,the contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin. The ! Contractor shall take affirmative action to ensure that applicants for I employment are employed,and that employees are treated during ! employment,without regard to their race,color,religion,sex,or national I _ origin. Such action shall include,but not be limited lo,the following: Employment,upgrading, demotion,or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of I compensation;and selection for training,including apprenticeship. (2) The Contractor shall post in conspicuous places,available to employees and I applicants for employment,notices to be provided by Contracting Officer setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified applicants will receive consideration for i employment without regard to race,color,religion,sex,or national origin. —J (3) Contractors shall incorporate foregoing requirements in all subcontracts. B. Executive Order 11246 (Contracts/subcontracts above$10,000) ti...� 1. Section 202 Equal Opportunity Clause During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race,color, religion,sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, ? and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin. Such action shall include,but not be limited to the following: Employment,upgrading,demotion,or transfer, recruitment, or recruitment advertising;layoff or termination,rates or pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment,notices to be .� provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed { by or on behalf of the contractor,state that all qualified applicants will receive consideration without regard to race,color,religion,sex,or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract understanding,a notice to be provided by the Contract Compliance Officer 1� . ' ^--•'l•':1.? i,.f l'ijM'i iYt v�;"�,.i:u",'vsrv..r.* .,..., ✓.,,,,�..,.<..r........,_.,<..�....,...,.,......,..,.......r.._....._._..,......_.,_... _..__.._... .....__ .. ....._--... !gyp i y� I M advising the said labor union or workers'representatives of the contractor's commitment under this section,and shall post copies of the notice In conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules,regulations,and relevant orders of the Secretary of Labor. t (5) The contractor will furnish all information and reports required by Executive I j — Order 11246 of September 24, 1965,and by rules regulations and orders of j the Secretary of Labor, or pursuant thereto,and will permit access to his books,records,and accounts by the Department and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, + regulations,and others. (6) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 or September, 1965,or by rule,regulation, or order of the Secretary of Labor,or as otherwiso provided by law. (7) The contractor will include the provisions of the sentence immediately preceding paragraph (1) and the provisions of paragraph (1) through (7) In every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such f' provisions will be binding each subcontractor or vendor. The contractor will 1 take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions,including j sanctions for non-compliance. Provided,however,that In the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the Department the contractor may request the United Slates to enter into such litigation to ' protect the interest of the United States. —� The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided,That if the applicant so participating is a State of local government,the above equal opportunity clause is not applicable to any agency,instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperatd actively with the j administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules,regulations,and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor in obtaining the fn compliance of contractors and subcontractors with the equal opportunity s� ` clause and the rules,regulations,and relevant orders of the Secretary of J r J r Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. i The applicant further agrees that it will refrain from entering Into any contract —� or contract modification subject to Executive Order 11246 of September 24, j 1965,with a contractor debarred from,or who has not demonstrated eligibility for Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and „ penalties for violation of the equal opportunity clause as may be imposed -- upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II,Subpart D of the Executive Order. In addition,the applicant agrees that if it fails or refuses to comply with these undertakings,the administering agency may take any or all of the following I i actions: Cancel,terminate,or suspend in whole or in part this grant (contract,loan,insurance,guarantee),refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurances of future compliance 1 have been received from such applicant,and refer the case to the Department of Justice for appropriate legal proceedings. ! 8.2. Notice of PPM utrement for Affirmative Action to Ensure E uaI Em la inert C'DDOrtunity(Executive Order 11246), (Applicable to contracts/subcontracts exceeding 310,000.00) (1) The Offerer's or Bidder's attention is called to the"Equal Opportunity Clause" �) and the"Standard Federal Equal Employment Opportunity Construction , Contract Specifications"set forth herein. y (2) The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Goals for minority participation: Goals for Female participation: i 12.7 6.9 Insert Goals: Insert goals for current year i These goals are applicable to all the Contractor's construction work(whether or not It J is Federal or federally assisted)performed in the covered area, If the contractor _,;2 performs construction work in a geographic area located outside of the covered area, it shall apply the goals established for such geographic area where the work is •t r f • j actually performed. With regard to this second area,the contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulation in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 I CFR 60-4.3(a),and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract,and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's a goals shall be a violation of the contract,the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (3) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of 510,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor;employer identification number, estimated dollar amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the contract is to be performed. (4) As used in this Notice, and in the contract resulting from this solicitation,the"covered area"is(insert description of the geographical areas where the contract is to be performed giving the state,county,and city, if any). .� B.3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) (1) As used in these specifications: a. "Covered area"means the geographical area described in the solicitation from which this contract resulted; b. "Director"means Director,Office of Federal Contract Compliance Programs, United Slates Department of Labor,or any person to whom the Director delegates authority; c. "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department 1 Form 941, �! d. "Minority"includes: (i) Black(all persons having origins in any of the Black African racial groups not .J7 of Hispanic origin); f .. I 1..72Y 1,'.tv'�4.:; ., u:t., v.n..� .a. .,i'.t:tx...a., .... ..�..............:� y ...........,.........r.,,w......ten.�......u,.,..•.......... ....--....e. .... _.. .. ` t'� T ` r • f } I (ii) Hispanic(all persons of Mexican,PL,erto 4 American or other Spanish Culture or Origin,rega Cuban,Cnal rdless d ess Ofrace)or South (iii) peoples and Pacific Islander(all persons having origins in any of the original Pacific Islands);and eo p es of the Far East,Southeast Asia,the Indian Subcontinent,or the (iv)•American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal ^} affiliations through membership and participation or community I identification), (Z) Whenever the Contractor, or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it shall physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted, (a) If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area (including goals and timetables)shall be in accordance with that Plan for those ..S trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such I Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan { is individually required to comply with its obligations under the EEO clause,and to ! make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractors failure to take good faith efforts to achieve the Plan ff goals and timetables. I (4) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the i total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing contracts in geographical .J areas where they do not have a federal or federally-assisted construction contract shall apply the minority and female goals established for the geographic area where the contract is being g performed• Goals are published periodically in the Federal Register in notice from and such notices may be obtained from any Office of Federa I Contract Compliance Programs office or from Federal procurement contracting , officers, The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified, I (5) Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these T. i i! i i I specifications,Executive Order 11246,or the regulations promulgated pursuant Ihere!o. (6) In order for the nonworking training hours of apprentices and trainee in meeting the goals,such apprentices and trainees must be employed by the Contractor during the training s to be counted commitment to employ the apprentices n and the Contractor trainees at the must have make a training, subject to the availability of employment opportunities,pTra neeslmust be trained pursuant to training programs approved by the U.S. Department of Labor. (7) The Contractor shall lake specific affirmative actions to ensure equal employment Opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions, The Contractor shall document these efforts fully, and shall im I steps at least as extensive as the following. plement of irmative action coercion at all j a• Ensure and maintain a working environment free of harassment,intimidation and sit -+ assigned to worke The Ci nall faciliti heat hick the Contractor's employees are each construction project. The Contractor shall specifically ensure that all foremen, will assign two or more women to superintendents,and other on-site supervisory personnel are aware of and ca the Contractor's obligation to maintain such a working environment,with specific out attention to minority or female individuals working at such sites or in such facilities. b• Establish and maint provide wain a current list of minority and female recruitment sources ritten notification to minority and female recruitment sources and to Opportunities available, community organizations when the Contractor or' ' and maintain a record of the organizations' s ns'r tlpons s, C. Maintain a current file of the names,addresses and minority and female off-the-street applicant aid mnotrity or female numbers from a of each �J union,a recruitment source or community organization and of what action was taken Ii J with respect to each union hiring hall for referral and was not referred back io the Contractor by the union or,if referred,not employed by the Contractor,this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. d• Provide immediate written notification to the Director when the union or unions with "7 which the Contractor has a collective bargaining agreement has not referred to the J Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations, e. Develop area whiche expressly include minoritiesnand women including upgrading g programs for programs and apprenticeship and trainee programs relevant to the Contrac oes employment needs,especially those programs funded or approved by the ` Department of Labor, The Contractor shall provide notice of these programs . sources complied under 7b above, to the � J • •... '""AL1V:t:Y'��\,:�� ' }. .:�..tr5':il':+A.J.nx....,.r .._t _,_,.• .._„ ., b,.r,.n ...m-...___.._......... .,_..._....._.. /. i t --I f. Disseminate the Contractor's EEO polity by providing notice of the policy to unions i t and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and collective . I bargaining agreement;by publicizing it in the company newspaper,annual report, etc., by specific review of the policy with all management personnel and with all j minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where , J construction work is performed. ! —� g. Review,at least annually,the company's EEO policy and affirmative action i obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other employment decisions including _, specific review of these items with on site supervisory personnel such as Superintendents,General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed,and disposition of the subject matter. M h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media,specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i i. Direct its recruitment efforts,both oral and written, to minority,female and community _ organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the ,J above,describing the openings,screening procedures, and tests to be used in the I selection process. I , Encourage present minority and female employees to recruit other minority persons and women and,where reasonable, provide after school,summer and vacation employment to minority and female youth both on the site and in other area of a 1 J' Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct,at least annually,an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training, etc.,such opportunities. m. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure EEO policy and the A Contractor's obligations under these specifications are being carried out. Erm�. z'. ! j r-^- s .. n, Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes, 1jo. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of - solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually,of all supervisor's adherence to and performance { under the Contractor's EEO policies and affirmative action obligations, q. Covered construction contractors performing contracts in geographical area where they do not have a federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the contract is 1. being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers, The ! contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. I (8) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(7a through q). The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under 7a through q of these Specifications provided that the contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force J J participation,makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for Jthe Contractor's non-compliance. (9) A single goal for minorities and a separate single goal for women have been established. The Contractor,however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized). (10) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. M (11) The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11248. 5 J J fM c (12) The Contractor shall carry out such sanctions and penalties for violation of these I ` specifications and of the Equal Opportunity Clause, including suspension,termination "'\) and cancellation of existing subcontract as may be imposed or ordered pursuant to Executive Order 11246 as amended,and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications,and Executive Order 11246,as amended. (13) The Contractor,in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at least extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications,the Director shall proceed in accordance with 41 C;R 60-4.8. (14) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO polity is being carried out,to submit T reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address,telephone numbers, construction trade,union affiliation if any,employee j identification number when assigned,social security number,race,sex,status(e.g., mechanic,apprentice trainee, helper,or laborer),dates of changes in status,hours worked per week in the indicated trade,rate to pay,and locations at which the work was performed. Records shall be maintained in an easily understandable and j retrievable form;however,to the degree that existing records satisfy this requirement,contractors shall not be required to maintain separate records, (15) Nothing herein provided shall be construed as a limitation upon the application of J other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g., those under the 7 Public Works Employment Act of 1977 and the Community Development Block Grant Program). J 1 —� B.C. Certification of Nonsegregated Facilities(Over 510,000) By the submission of this bid,the bidder,offerer,applicant or subcontractor certifies that s/he does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that s/he does not permit employees to perform their services at any location,under his/her control,where segregated facilities are maintained. S/he certifies further that s/he will not maintain or provide for employees any segregated facilities at any of his/her establishments,and s/he will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder,offerer,applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this .J certification,the term"segregated facilities"means any waiting rooms,work area,rest rooms and wash rooms,restaurants and other eating areas,time clocks,locker rooms,and j other storage or dressing areas,*transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race,color,religion,or national origin,because of habit,local custom,or otherwise. S/he further agrees that(except where s/he has obtained identical certifications from proposed subcontractors for specific time periods)s/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which is i are not exempt from the provisions of the Equal Opportunity Clause;that s/he will retain "2 such certification in his/her files;and that s/he will forward the following notice to such proposed subcontractors(except where proposed subcontractors have submitted identical certifications for specific time periods). � l 'Parking lots,drinking fountains,recreation or entertainment areas. 8.D. "Section 3"Compliance in the Provision of Training Emoloyment and Business Opportunities The work to be performed under this contract is subject to the requirements of Section 3 of { the Housing and Urban Development Act of 1968,as amended, 12 USC 1701u. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the - greatest extent feasible,be directed to low and very low-income persons,particularly persons who are recipients of HUD assistance for housing. t The parties to this said contract agree to comply with HUD's regulations in 24 CFR Part 135,which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that I J would prevent them from complying with the Part 135 regulations. The contractor agrees to send to each labor organization or representative of workers with I which the contractor has a collective bargaining agreement or other understanding,if any, --t a notice advising the labor organization or workers'representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set `^- forth the minimum number and job titles subject to hire availability o 1 1 1 ty f apprenticeship and training positions,the qualifications for each,the name and location of the person(s)taking applications for each of the positions,and the anticipated date the work shall begin. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135,and agrees to take appropriate action as provided in an applicable provision of the subcontract or in this Section 3 cluse,upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. The contractor will certify that any vacant employment positions including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2)with persons other that those to whom the regulations in 24 CFR Part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligation under 24 CFR Part 135. The contractor agrees to submit such reports as required to document compliance with 24 CFR Part 135, Noncompliance with the regulations in 24 CFR Part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. J • 9. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS (Applicable to Federally assisted construction contracts and related subcontracts exceeding " S100,000) Compliance with Air and Water Acts _.i During the performance of this contract,the contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended,42 USC 1857 et seq.,the Federal Water Pollution Control Act,as amended,33 USC 1251 et seq.,and the regulations of the Environmental Protection Agency with respect thereto,at 40 CFR Part 15,as amended. In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner,the following: i (1) A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any nonexempt contract or subcontract,in not listed on the list of Violating Facilities issued by the Environmental Protection Agency(EPA)pursuant to 40 CFR 15.20. (2) Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act,as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act,as amended,(33 USC 1318)relating to inspection,monitoring,entry, 7 reports and information,as well as all other requirements specified in said Section 114 and —1 Section 308,and all regulations and guidelines issued thereunder. (3) A stipulation that as a condition for the award of the contract,prompt notice will be given of any notification received from the Director,Office of Federal Activities, EPA,indicating that a facility utilized,or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. (4) Agreement by the Contractor that he will include, or cause to be included,the criteria and i requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the Contractor will take such action as the Government may _I direct as a means of enforcing such provisions. 10.SPECIAL CONDITIONS PERTAINING TO HAZARDS SAFETY STANDARDS AND ACCIDENT J J PREVENTION A. lead-Based Paint Hazards _J (Applicable to contracts for construction or rehabilitation of residential structures) . i . °1 The construction or rehabilitation of residential structures is subject to the HUD Lead- I . J Based Paint regulations,24 CFR Part 35 and Revised Missouri Statutes 700.300-338. The Contractor and Subcontractor shall comply with the provisions for the elimination of lead-based paint hazards under sub-part B of said regulations. The Owner will be responsible for the inspections and certifications required under Section 35.14(0 thereof. ,.� B. Use of Explosives f When the use of explosives is necessary for the prosecution of the work the Contractor shall observe all local,state and Federal laws in purchasing and handling explosives. The ' WRfLrL. vYA::sat'IiT C}.•w. ..3:.rR,..rv.«?......n.••.........u......,.,.,.,........... . ........... . v 1 . a T. Contractor shall take alt necessary precaution to protect completed work,neighboring property,waterlines,or there underground structures. Where there is danger to structures or property from blasting,the charges shall be reduced and the material shall be covered with suitable timber,steel or rope mats. _..� The Contractor shall notify all owners of public utility property of intention to use explosives at Isast eight hours before blasting is done,close to such property. Any supervision or —� direction of use of explosives by the Engineer,does not in any way reduce the responsibility of the Contractor or his Surety for damages that may be cause by such use. C. Danger Signals and Safety Devices (Modify as required) The Contractor shall make all necessary precautions to guard against damages to property c and injury to persons. He shall put up and maintain in good condition,sufficient red or ri warning lights at night,suitable barricades and other devices necessary to protect the - public. In case the Contractor fails or neglects to take such precautions, the Owner may have such lights and barricades installed and charge the cost of this work to the j Contractor. Such action by the Owner does not relieve the Contractor of any liability j incurred under these specifications or contract. ^} D. Appendix 1-Summary of Civil Rights Laws,Executive Orders and Regulations The listing in Appendix t (to be inserted before wage rates)is applicable to all Federally assisted projects and are made a part of these Conditions. WAGE RATE DETERMINATION APPROPRIATE WAGE RATES SHALL BE INSERTED HERE. TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS SHALL BE INSERTED BEHIND WAGE RATES. G 5 t :. " I ' r•.`, �' `Jvl .h.,daze✓.z r.......au.:n w.am.av,tx.wswa.......................--...�...s -- ... .—.....-._ _,._, ' ..,,-,may t' .. .. �`. a d Appendix 1 j SUMMARY OF CIVIL RIGHTS LAWS, EXECUTIVE ORDERS AND REGULATIONS CDBG grantees must assure that all project activities will be administered in compliance with all civil rights laws and regulations. The following are summaries of those parts of the civil rights laws and Jregulations applicable to CDBG activities. Title VI of the Civil Rights Act of 1964 provides that no person in the United Slates shall,on the I —� ground of race,color,or national origin,be excluded from participation,be denied benefits of,or be subjected to discrimination under any program or activity receiving Federal financial assistance. —� Title VIII of the Civil Rights Act of 1968 as amended. Title VIII of the Civil Rights Act of 1958 provides that no person shall,on the basis of race,color, religion,national origin,handicap or familial status,be discriminated against in housing(and related facilities)provided with Federal assistance or leading practices with respect to residential property I when such practices are connected with loans insured or guaranteed by the Federal Govemment. Section 109. Housing and Community Development Act of 1974, as amended,provides that no `r person in the United States shall,on the ground of race,color,religion,national origin,or sex be ,,.,i excluded from participation in,be denied the benefits of,or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of 1974. .�t I Section 503 of Rehabilitation Act of 1973,as amended,provides for the nondiscrimination in contractor employment. All recipients of Federal funds must certify to the contracts issued: following through all j f Affirmative Action for Handicapped Workers I - (a) The contractor will not discriminate against an employee or re and to an 9 Y 9 y position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ,advance in employment and otherwise treat qualified t handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment upgrading, i demotion or transfer,recruitment,advertising,layoff or termination,rates of pay or other J forms of compensation,and selection for training,including apprenticeship. (b) The contractor agrees to comply with the rules,regulations,and relevant orders of the J Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's noncompliance with the requirements of this clause,actions for noncompliance may be taken in accordance with the rules,regulations,and relevant ..J orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices in a form to be prescribed by the Director,provided by ; or through the contracting officer. Such notices shall state the contractor's obligation under 1 u the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment,and the rights of applicants and <. employees. r w i • (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973,and is committed to i r i.....• take affirmative action to employ and advance in employment physically and mentally •�; handicapped individuals. (f) The contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations,or orders of the Secretary I issued pursuant to Section 503 of the Act,so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal Contract I Compliance Programs may direct to enforce such provisions,including action for 1 noncompliance. Section 504 of the Rehabilitation Act of 1973,as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all ! provisions of this Section. Age Discrimination Act of 1975 No person in the United States shall,on the basis of age, be excluded from participation in,be —I denied the benefits of,or be subjected to discrimination under,any program or activity receiving Federal financial assistance. I Executive Order 11063,as amended,All departments and agencies are directed to take all action necessary and appropriate to prevent discrimination in housing and related facilities owner or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities(including land to be developed for �.� residential use)of lending institutions,insofar as such P ractices related to loans insured or guaranteed by the Federal Government. s f `S 3 L • �_.a.wit_.: Y__.r / . ^. i Page 1 of 2 � a ADDENDUM NO. 1 �. PROJECT NO.10D02 LONDON WAY(CDBG 9S-ED-11) -' APRIL 10, 1997 fr. 1. The bidder will acknowledge receipt of this Addendum and his acceptance of its Y conditions by signing this Addendum and including it with his bid. J BIDDER: BY: :.J TITLE: y; sa I CITY OF JEFFERSON, MISSOURI MARTIN A.BROSE , DIRECTOR OF PUBLIC WORKS � 1 i 1 I t� f s 7 4 I a r I a { {+ ..�'h�"La'•�.+�`�`w0 Fx�dTlXnZ14:!818ab 1vx'va,r�:a:tzw:r r¢KU�ax..vio.+m...n+s..r+.,uauv+n..wr+wF.m.rreerrF.xww.r...,..,.....,+�,. t� j+ t„t.. It;t 1�,' , t 9 � r r s X 1 f V {r f _ I Page 2 of 2 ADDENDUM NO.1 PROJECT NO.10002 + LONDON WAY(CDBG 96-ED-11) j APRIL 10, 1997 I. Please fine enclosed a " revised" BID FORM (five pages) with the revision date of 4110197 USE THIS REVISED FORM WHEN SUBMITTING YOUR BID. The changes on the form as follows: ` ' a) On the BID FORM, all numerical designations in the column labeled ITEM NO. have changed. b) A new item entitled"MOBILIZATION"has been added to the BID FORM and is designated as ITEM NO.01.0. c) The quantity required of the item entitled "4'x 4'TYPE C CURB INLET"(ITEM NO. 18.0) has been changed from "4"to"3". I -� d) The quantity of the item entitled "4'x 4'TYPE C CURB INLET ` ) W/DEFL"(ITEM NO. 19.0) has been changed from " 1"to"2". e) The item entitled "6'x 4'TYPE C CURB INLET W/DEFL" has + been changed to " 6'x 4' TYPE C CURB INLET" (ITEM NO. 4 20.0). t, f) The item entitled "7" BLACK BASE"has been changed to f :. 71/2"BLACK BASE"(ITEM NO.36.0). 2. On Sheet No. 1 of 15 of the plans (SPECIAL DETAILS), the "TYPICAL PAVEMENT X-SECTION LONDON WAY" indicates Grade "D" AC as the i specified wearing course for the Asphaltic Concrete Pavement. 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Xi ,1 w t t'i rr i } r a. t $ `{, i� i 1 ;, ,.) ..t .': i TN T E R MEMO O F F I C E To: Jim Hartley, Purchasing Agent From: Marty Brose, Director of Public Works Subject: London Way (CDBG 96-ED-11), Project No. 10002, Bid No. 1690 Date: April 17, 1997 Bids for the above referenced project were received and opened at 10:00 AM on Wednesday, April 16, 1997. A tabulation of the bids received Is attached hereto. Please be advised that the Department of Public Works recommends the acceptance of i the Base Bid for this project in the amount of$434,627.20,Alternate A-Asphalt Pavement i in the amount of($24,688.20), and Alternate B-Additional Widening Fairgrounds Road in the amount of $6,874.00 for a total of $416,813.00 as submitted by Don Schnieders Excavating Company, Inc.of Jefferson City, Missouri and that the contract for the work included in the proposal be awarded to the aforementioned bidder. Expenses for this project will be charged to the following account: f Account No. Amount Available Amount Required I 3200-9900-7320.0033 $500,000.00 $416,813.00 (London Way Streets) TOTAL $416,813.00 r cc: Rich Mays, City Administrator Jack Kramer Bob Kelsick Central File i. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT:Bid 1690-London Way Project,Public Works-Opened April 16, 1997 BIDS RECEIVED: Don Schneiders Excay.,Inc.,Jefferson City,MO 416,813.00 Twehous Excavating Co.,Inc,,Jefferson City,MO 470,457.57 x J C Industries, Inc.,Jefferson City,MO 525,042,16 C L Richardson Const. Co.,Ashland,MO 539,902.47 FISCAL NOTE: This project will be funded as follows: 3200-9900-7320-0033 London Way Streets Community Development Block Grant $ 500,000.00 County of Cole $ 50,000.00 City of Jefferson $ 110,000 00 $ 660,000.00 This Bid $ 416.813.00 Balance $ 243,187.00 M PAST PERFORMANCE: Don Schneiders Excavating Company,Inc., of Jefferson City has performed well on a number of projects for the City. RECOMMENDATION: The Public Works Department recommends the acceptance of the Base Bid in the amount of$434,627,20,Alternate A-Asphalt Pavement in the amount of($24,688.20) and Alternate B-Additional Widening City Fairgrounds Road in the amount of$6,874.00 for a total bid amount of$416,813.00 as submitted by Don Schneiders Excavating Company,Inc. Of Jefferson City,Missouri. ATTACHMENTS-SUPPORTING DOCUMENTATION Tabulation of Bids r Signature: t �Agent �)Purchasin Department Director ..:� '"M'+?"�n.vn'enF(RGSirn:�Y 9?.Cl,'YCJ1xxrNn,urwrv...4++,.. 4....s ..r•r nv a ..o . - .. x.atora.-,..+.rte..- �... -'•^'...�.ry;C(�'„S!(T tl'L � 1 z } l�.•�\\1 00° °o u°� °o, °o m (°off n po° L°n o o° °o po °o o° o° i• O t00_ i m N N 11� O a^0 O h m O 1is O O o o C �f) N O m Of I� to m 00 O (") < Q (V fA Yi N �_ (Y N W tP f7 iT N ,. CV w � (� h w Yi W h � N � � w M w VxC W Q N a C o O N o o o Q V N O O ci O o O O o o O o cq in m ow O p VV11 LY O O O O O O O O O O O O O 0 OO O O p p p 1m v O �cNy O h O O O 0 oU O O O t� o O V O O N K a0 f7 V v L[j V (y N ON O o 6 $ O O w m m N Q N N M N ° n t• c wp O » w w w in w w w L) a ry L) co N O O o N n o O o ° o O O O O O Q O O O O O O O O O O O O O O O O p U w o O w m N 00 t1) f0 o, O O N O O O O O N to O N .. =U O to Vl M N N N ° O c l O o O O O o QI m Qf Oi .. 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