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HomeMy Public PortalAboutORD12613 r BILL NO._ 97-17 SPONSORED BY COUNCILMAN_ Haake ORDINANCE NO. 2413 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH WISCH AND j VAUGHAN CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF THE CHERRY STREET SALT STORAGE FACILITY. WHEREAS, Wisch and Vaughan Construction Company, Inc. has become the apparent lowest and best bidder for construction of the Cherry Street Salt Storage Facility; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,AS FOLLOWS: Section 1. The bid of Wisch and Vaughan Construction 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: r' l9 - 5 7 Approved: 0 r, I . t. 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Box 104388 Jefferson City, MO 65110 RE: Cherry Street Salt Storage Facility Project No.32049 Dear Mr. Wisch: j Enclosed please find three (3) copies of the contract for the above referenced project. Please execute the contracts,return them along with performance and payment bond(s),certificate of insurance, and Owner's and Contractor's Protective Liability Policy ,) Binder by 5:00 p.m. on Monday, May 19, 1997. The certificate of insurance must be issued by the company affording coverage. Certification from a local agent is not acceptable without necessary documentation empowering and authorizing the agent to i sign the surety's name. In addition,if an aggregate amount is specified,a statement of the amount of that aggregate available to date must also be included. By separate letter, the Department of Public Works will issue a Notice to Proceed on the project. You must submit the above documents in correct form before you begin work. I, Should you require additional information, please contact the Department of Public r Works at 634-6440. Sincerely, V hn L. Kramer ngineering Division Director c: Director of Public Works .; City Clerk _ 1 � L h.Y ant. •I (J 71 h Of I aLzI 15 I 1 1 t w Cfaty of Jefferson Duane Schreimann Mayor Department of Public Works 320 E,McCarty street Martin R.Brose,PE,Director Jefferson City,Mo 65101 = Phone:(573)634-6440 rep Fax:(573)634.6447 May 23, 1997 Mr. Mike Crocker Wisch&Vaughan Construction Company P.O. Box 104388 �. Jefferson City,MO 65110 RE: Project No.32049-Cherry Street Salt Storage Facility i Dear Mr.Crocker: This letter will serve as the"NOTICE TO PROCEED"for the above referenced project. The effective date of this notice shall be Monday,June 2,1997. The finish date for this contract is on or before July 31, 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. � Also,please find enclosed for your use and the use of your subcontractors(if any for the `0 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 ro riate ` "instruction"as included at the bottom of the Missouri Project Exemption Certificate. If there are any questions, please advise. Sincerely, J hn L.Kramer, PE Engineering Division Director ; i. JLK:als Enclosures i c: Jack Kramer Bob Kelsick Central File CIVClerk Bob Gangwish (� Larry Bates i ' Mike Papen I " :. 1 td •"aM'1`q j7 "XV;.ll[al.i 1. i • • DATE MM1DDfY /14/97 Y)�v ^T U' '0' ' � :VeRT I v NS 05 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE +' Winter-Dent 6 Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. roon City MO 65102-1046 COMPANIES AFFORDING COVERAGE COMPANY Phone No. 573-634-2122 Fax No.573-636-7500 A THE TRAVELERS INSURANCE CO. INSURED COMPANY B Builders Anse. Self•—Insurers COMPANY Cp Winch and Vaughan Construction P.O. Box 104388 COMPANY `N$� Jefferson City MO 65110 COVERAGES...•.•.•...•.•.•.•...•.•. a . , ,,qq THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INURED N uLi`6PrT E P LICY ERIOD ' INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMF �_ITS dIL-AH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRQWeItA&N1TSMrJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDD/YY) GENERAL LIABILITY BODILY INJURY OCC $ A X COMPREHENSIVE FORM PHS60105X4374TIA96 12/31/96 12/31/97 BODILY INJURY AGO $ PREMISESIOPERATIONS PROPERTY DAMAGE OCC $ UNDERGROUND ! EXPLOSION 6 COLLAPSE HAZARD PROPERTY DAMAGE AGO $ PRODUCTSICOMPLETED OPER BI&PD COMBINED OCC S 1000000 CONTRACTUAL BI d PO COMBINED AGO s2000000 INDEPENDENTCONTRACTORS PERSONAL INJURY AGG S 1000000 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY A X ANY AUTO PJ810105X4374TIL96 12/31/96 12/31/97 (Per person) $ [`•�'v`'+ ALL OWNED AUTOS(PrNale Pau) C ALL OWNED AUTOS (Per.=IdenllRY $ (Other than PrNata Pasaanper) HIRED AUTOS PROPERTYDAMAGE $ NON-OWNED AUTOS GARAGE LIABILITY BODILY INJURY d PROPERTYDAMAGE $1000000 COMBINED • EXCESSLIABILITY EACHOCCURRENCE $1000000 A IUMBRELLA FORM PSMJCUP105X437TIL96 12/31/96 12/31/97 AGGREGATE s2000000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND VIC AT • EMPLOYERS'LIABILITY TORY EL EACH ACCIDENT $100000 B THE PROPRIETOR/ INCL 0429 01/01/97 12/31/97 EL DISEASE•POLICY LIMIT $500000 PARTNERSIEXECURVE OFFICERS ARE: EXCL EL DISEASE•EA EMPLOYEE $100000 OTHER A Installation Float PH660105X4374TIA96 12/31/96 12/31/97 ONE SITE $600000 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS ` Wisch and Vaughan is responsible for premium and audit. City of Jefferson is an additional insured. Project: Cherry Street Salt Storage facility r. CERTIF.ICA_TEtIOC DER.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'CANCELLATION•'. . . . . . . JEFFE-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUINO 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 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Jefferson City MO 65101 UTHORIZED REPRESENTATIVE RbWkPMAF(04J90I( , r ' e' r ' k�• DATE MMIDDIYY '•j 05/14/97 �e THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER AIC No Eq 573-634-2122 COMPANY BINDER 12 , o,Exq: !3/.J-b.Jb-7500 Travelers Insurance Co an �le` r-Dent & Company DATE TIME DATE TIME Box 1046 AM X 12:01 AM 6, _erson City MO 6510:2-1046 05/19/97 PM 05/19/98 NOON THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: SUB CODE: PER EXPIRING POLICY N: CUSTOMER ID' WISCA-1 DESCRIPTION Or Lm Uon) INSURED Cherry Street Salt storage Facility Wisch & Vaughan Construction ~ P.O. Box 104388 Jefferson City MO G5110-4388 COVERAGES'.'.'.'.'.'.'.'.' LIMITS'•'•'•'•'•'•'•'•'•' • TYPEOFINSURANCE COVERAOEJFORMS AMOUNT DEDUCTIBLE COINS%. PROPERTY CAUSES OF LOSS BASIC D BROAD D SPEC . GENERAL LIABILITY GENERAL AGGREGATE 52000000 COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOP AGO S CLAIMS MADE FX OCCUR PERSONAL&ADV INJURY $ X OWNER'SSCONTRACTOR'S PROT EACH OCCURRENCE $1000000 FIRE DAMAGE(Anyone lire) $ RET IG DATE FOR CLAIMS MADE: MED EXP(Anyone person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per peroon) S ALLOWNEDAUTOS DODILY INJURY(Per accldent) $ HEDULED AUTOS PROPERTY DAMAGE $ ED AUTOS MEDICAL PAYMENTS $ �+ NON•OWNEO AUTOS PERSONAL INJURY PROT S , UNINSURED MOTORIST $ .� S AUTO PHYSICAL DAMAGE DEDUC—TIBLE �ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE , COLLISION: STATED AMOUNT S OTHER THAN COL: OTHER ' GARAGE LIABILITY AUTO ONLY•EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: " EACH ACCIDENT $ AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION S STATUTORY LIMBS WORKER'S COMPENSATION EACH ACCIDENT $ AND EMPLOYER'S LIABILITY DISEASE•POLICY LIMB $ DISEASE•EACH EMPLOYEE S SPECIAL CONDITION& Wisch and Vaughan is responsible for premium and audit. City of Jefferson is an Co ERAOES additional insured. NAME,&AODRESS.•.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.•.•.•.•.•...'.'.'.'.'.'.'. . . . . . . . . . . . . . . . . . . . . . . . . . . . f MORTGAGEE X ADDITIONAL INSURED LOSS PAYEE LOAN N :ity of Jefferson 320 E. McCarty Street AUTHORIZED REPRESENTATIVE Jefferson City MO 65101 AOORpyd-6(121e1)• . , -NOTP::If�PbotANt'$TAfE 1.WFOl MATT( 00.4Tr-4 Hto0 Oe'.'.'.',' 'ID} `QR I'MA11,00K•, r (1 tom`• - �..� WISCH & VAUGHAN CONSTRUCTION 2� �� V �����190�'U11 P.O. Box 104388 JEFFERSON CITY, MISSOURI 65110 (573) 893.4880 y � tQ JO 7 9 FAX (573) 893.4312 AIIr_NiwN"T'O� L c , r _ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications I ❑ Copy of letter ❑ Change order ❑ DESCRIPTION COPIES DATE N0. I j t; lo 71 IZ4 r�cP C. GCS.. THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit_ copies for approval ❑ For your use Cl Approved as noted El Submit copies for distribution requested ❑ Returned for corrections ❑ Return_-corrected prints > ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS i I J c Oct COPY TO if enclosures are not as noted,kindly notify us at onto. oilr ► f ytfY' rd t + , SPECIFICATIONS AND CONTRACT DOCUMENTS t� PROJECT NO.32049 CHERRY STREET SALT STORAGE FACILITY ` t , 1� _ r ARTIN SE NUMBER E 17x11 FE �nun,(�ttt r , Jefferson City . ty Department of Public Works April, 1997 i 1 0,1SPEWSALTUDGIrm April 12,1997 r How- h r ! I i i TABLE OF CONTENTS � ti may. Advertisement for Bids • Notice to Bidders • Information for Bidders 0. • Bid Form • Bid Bond • Anti-Collusion Statement • Contractors Affidavit * • Minority Business Enterprise Statement • Statement of Minority Business Utilization Commitment •i • Certificate of Owner's Attorney Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law 1 , Excessive Unemployment Exception Certification -I Construction Contract ;r J Performance, Payment, and Guarantee Bond • General Provisions { 1 f • Special Provisions i � • • Attachments • Addendums ( If Any) xy PACKET FOR SUBMISSION OF BID)INDICATES THIS ITEM INCLUDED IN BID PAC a 1 1, t r' C:ISPECSISALTUDG.frm April 12,1997 IV t rr rlj1 , ` r~.»..,,,-,i✓nb�i".�:�i{r:.f'"SJ`71 Ya Y?S:'rvu... .............._.-.-.._._.....,...,........,.--.- ._,.,.,.,r•.. ..... ... ..ml tt i t i '� t'.,r 'i sir 5 f q'' A I O City of Jefferson � fi r'; i s y ' a Duane Schreimann I Mayor _ to 3 ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, April 29, 1997 The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that _.� same day. j The proposed work for the project entitled "Project No. 32049, Cherry Street Salt Storage Facility"will include the furnishing of all material, labor, and equipment to construct and erect a seven (7)bay concrete and wood frame building approximately J 115'x 46'on property owned by the City of Jefferson in the 400 block of Cherry Street. A pre-bid conference will be held at 1:30 PM on Tuesday,April 22,1997 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 deposit of Twenty($20.00)dollars will be required for each set of plans and specifications. Single sheets of the full size plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. f! . . The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. ; CITY OF JEFFERSON mes Hartley Purchasing Agent f j Publish 4/14/97, 4/20/97, &4/23/97 j { sALTBLW.frm km 4/8/97 .. i , i } c i NOTICE TO BIDDERS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street,Jefferson City, Missouri, until 1:30 PM on Tuesday, April 29, 1997. "1 The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that J same day. The proposed work for the project entitled "Project No. 3204:9, Cherry Street Salt Storage Facility" will include the furnishing of all material, labor, and equipment to construct and erect a seven (7) bay concrete and wood frame building approximately 115'x 46'on property owned by the City of Jefferson in the 400 block of Cherry Street. n A pre-bid conference will be held at 1:30 PM on Tuesday,April 22,1997 in the lower level conference room of City Hall, 320 E. McCarty Street,Jefferson City, MO 65101. All prospective bidders are urged to attend. i All equipment, material, and workmanship must be in accordance with the plans, I , specifications, and contract documents on file with the Director of Public Works, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Public Works,320 East McCarty Street,Jefferson City, Missouri. A non- refundable deposit of Twenty($20.00)dollars will be required for each set of plans and specifications. Single sheets of the full size plans may be obtained for Three Dollars ($3.00)per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount i equal to five(5) percent of the total amount of the bid must accompany each proposal. :J ' A one-year Performance and Guarantee Bond is required. J The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI J • Martin A. Brose, PE Director of Public Works i C:ISPECSISALTBLDO.irm April 12,1997 ' 1 S I INFORMATION FOR BIDDERS j .. IB-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 work included in the project entitled "Project No.32049,Cherry Street Salt Storage Facility"in accordance with the plans and specifications on file with the Department of Public Works. — The proposed work for this project will Include the furnishing of all material,labor,and _a equipment to construct and erect a seven(7)bay concrete and wood frame building approximately 115'x 46'on property owned by the City of Jefferson in the 400 block of Cherry Street. I13-2 INSPECTION OF PLANS SPECIFICATIONS AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, I specifications,supplemental specifications,special provisions, and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials 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 -J opening,that an interpretation be made and an addendum be issued by the City,which shall F 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. IB-4 QUALIFICATIONS OF BIDDERS aThe 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. I n Frr ` C:ISPECSISALTBLDG.frm April 12,1997 R 1 i 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. I13-6 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 returned after award of the contract except to the successful bidder. 1 Should the successful bidder fail or refuse to execute the bond and the contract required within seven(7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal,the security deposited with his bid. I13-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered,all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid,or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. I19-8 PRICES 1 The price submitted for each item cf 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 the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 °1 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption `) and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder,that the bid prices submitted for those items shall include the cost of such taxes. .mJ �P April 12,1997 C:ISPECSIS ALTS LD G.irrn J ` i 1 i ^I IB-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and --, each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities,while made from the best information available,are approximate only. Payment of the Contract will be based on actual ( number of units installed on the complete work. IB-10 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 j described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS _J The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and ^ marked"PROJECT NO.32049, CHERRY STREET SALT STORAGE FACILITY". -,.j 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 opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety(90)days t J after the scheduled closing time for the receipt of bids. _ No bids received after the time set for opening for bids will be considered. i "t IB-14 RIGHT TO REJECT BIDS J The City reserve the right to reject any or all bids,to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. i IB-15 AWARD OF CONTRACT "1 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 fumish the required Performance and Payment Bonds and j Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the .1 City of Jefferson as hereinafter provided,the bidder or bidders shall be deemed to be in default C:ISPECSISALTBLDGSrm April 12,1997 . -..r� y.„i=t ..''.3'-emu... .. .c ...„.......,w.....,....... r ,....., ,.._,. :,. .,,......................._.............__ ».-...... ,,...-..-.,.._...,.,,.... ..ka....w+iw::;c,'�.�v,�.� .. p and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent(100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. 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. �J 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 �1 Upon the execution of the Contract and approval of Bond,the Bid Security will be returned to 03"') 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 b h y the City. , IB-19 NONDISCRIMINATION IN EMPLOYMENT ' Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. 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 type of workman required to execute this contract as determined ?� by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1959 and as last amended in 1993. (See Determination included herewith,) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. ? C;ISPECSISALTBLDG.frm i April 12,1987 rj r i Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which,in the judgment of the City become necessary during such period. The cost of all materials, parts, labor,transportation,supervision,special tools,and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the Contractor notice of defect,failure,or abnormality of the work, the Contractor neglects to make, or unde►lake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party,the costs of the work to be paid by ti-3 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 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten(10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public,the Contractor 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 The contract time shall be SIXTY(60)CALENDAR DAYS. IB-25 LIQUIDATED DAMAGES `j Liquidated damages shall be assessed at the rate of Five Hundred($500.00)Dollars per day �+I until the work is complete,should the project not be completed within the contract time. CASPECSISALTBLDO.frm April 12,1997 t 5 J i I IB-26 POWER OF ATTORNEY Attomeys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attoniey. I13-27 BID PACKET Each bid must be submitted on the res ' p cubed 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 bidders 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: Purchasing Agent City of Jefferson,MO 320 E.McCarty Street Jefferson City, MO 651 o1 I 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 1 proposal. The contents of this packet include the following: 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION COMMITMENT 6) CERTIFICATE OF OWNER'S ATTORNEY ti END OF INFORMATION FOR BIDDERS 11 I I L � t I , � C:13PECSISALTBLDO.frm April 12,1997 � �+ :`t 4 "+riiyl j�Yi3�RClf,�t1"�.'.A.Y,'Y!.'!.i�T•:FYJ.r7'�'Y S'l.#.:4rtfVgS.as uuw. ........_ _._....—.... ....-..,...r.. _._ .,,, (t; { 1 r Y 'W 2 ' I � j Page 1 of 4 BID FORM Name of Bidder Address of Bidder��p 13��C ���3 'T-J!��OH e-1k." to To: CITY OF JEFFERSON (0 5/0 320 East McCarty Street Jefferson City, Missouri 65101 f THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto;and being acquainted with and fully understanding (a) the extend and character of the work covered by this Bid;(b)the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of I existing streets, roads, highways, railroads, pavements, surfacing,walks,driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the I "A proposed work; (d)the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f) the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision;and to construct, install, erect, 3 and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings,specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time V� prescribed and that he will accept in full payment sums determined by applying to the �J quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications,and that increases or ` decreases may be made over or under the Contract estimated quantities to provide for i �i needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: 4 C:1,SPECStSALT8L0G.frm April 12.11997 • • W.yl, t } � '•� + ` t• ti' .. . ' A .rat ell t AL t t l k ,• Page 2 of 4 t 4 rt i t .J CITY OF JEFFERSON ITEMIZED BID FORM PROJECT N0.32049 ' CHERRY STREET SALT STORAGE FACILITY CI ----------------------------------------------------------------------------------------------------------------------- ITEM DESCRIPTION UNIT QUANTITY UNIT AMOUNT NO. PRICE 01,0 115'x 46'SEVEN (7) BAY EA CONCRETE &TIMBER SALT STORAGE BUILDING COMPLETE IN PLACE t TOTAL BID �O3c�ro•°`' r ` 1 � f r � , s t C;19PECSlSALTBLDCiefrm April 12,1997 of, { t'tiJ 4 144 111 ""'"mmat41 r 4 q• t . r h Page 9 of 1 SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. + itJo,y 4 TIME OF COMPLETION The undersigned hereby agrees to complete the project within SIXTY(60) CALENDAR DAYS, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned,as Bidder,hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be tf°r•F- eyed into'and this bid is made without connection with any other person, company, entered , 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. r� 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 rr may be mailed,telegraphed,or delivered: M�Q• moo. fix` � �( � ersw. Ceti 0 i /rl�recl 'o /9��3 rs'I D (n 5109 e1 893-473 April 12,1997 Vy C:ISPECStSALTSLOG1rm ' r , w. ., 1. rVn r.,a !.M•. '.1 .. -, .V......ia ...,.,r «+.->».>.. ...». .. ....-...._...--`__.... ... �7 Ir. ,, i i j ' Page 4of4 It Is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. -} Attached hereto Is a Bid Bond for the sum of p�o r wc- ,1-- -@ottars-(ea rr- s heek};make payable to the City of Jefferson. Signature of Bidder. If an individual, doing business as If a partnership, member of firm. by If corporation, . Cmo15T , y tle S fJC D SEAL Business Address of Bidder J6 i'�c�c LCY4ZS€, J c F��r5o9.► C- L , ,14LO C�5 l t O • � i If Bidder is a corporation,supply the following information: State in which incorporated �� V SSou c�N Name and Address of its: President ___�' N1E-s 3• �J�SCI� W Ay��A 6r- 1 EFFEeS*4 L.�•,,�!tlD 6.5 f f Secretary k: Date Z`� l:n � C:ISPECSISALTBLDG.frm April 12,1987 1 ..i s r , r 1 r + r �,...,.... 1. .'... , -. .. ., __._... .� i �ny;Corrospondence in relaUcn to t1:Ia Uond 11o0d bo directed to: Bond Department Wausau insurance Companies P.O.,Cox 8017 jWausau.Wisconsin 54402.4017 800.826-1061 QIQ fiOND KNOW ALL MEIN BY THESE PRESENTS, that we, the J undercigned,Wisch & Vaughan Construction Co., Inc. aS Principal, an(fMPLOYERS INSURANCE OF WAUSAU A Mutual Companyas Surety,are hereby held and firmly bound unto the CITY OF JEFFERSON, MIS80tJR1 , as owner, in the penal sum , Of Five ant (5%) of amount i,i,t the payment of which.won and truly to be made, we hereby jointly and severally bind ourseives, our heirs, executors. administrators,successors and assigns,this 2 th day of April 1997. The condition of ft above obl'!gafion is such that whereas the Principal has submitted to the CITY OF JEFFERSON,MISSOURI a certain Bid,attached hereto and hereby made a part hereof to enter into a contract in writing,for the project entitled: "Project No.32049,CHERRY STREET SALT STORAGE FACILITY" NOW,THEREFORE. (a) If said Bid shall be rejected,or in the alternate, (b) It said Bid shall be accepted and the Principal shall execute and deliver a contract In the Form of Contract attached hereto (proporly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said contract. and for the payment of all persons performing labor or furnishing matenais In corinecilon therewlth,shall in all other reopccts perform the agreement created by the acceptance of said Bid, then this obligation shall be void,otherwisa the same snail remain In force arc errect-,It being ` expressly understood and agreed that the liability of the Surety for any and all claims hArmirlder shall.in no event.exceed the penal amount of this obligation as herein stated. The Surety,for value reccived,hereby stipulates and agrees that the obligation.of said Surety and ita bond chail be in no way impoirad or artecmd by the extension of the time within which the Owner may accept such Bid:and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands �a and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signeo by their proper officers,the day and year first set forth above. . Wisc & Vauehan Construction Co., Ir(LS,� �d P SEAL p ers ranee of sau A Mutual Company By` ,Attorney—in—Fact 10) C19PHCSLIALT8UJG tm Apn1/Z,t997 1 � EMNO)IRS INSURANCE Of WMJSAU A Mutual Company .� { POWER OF ATTORNEY �.� (FOR BID BONDS ONLY) 1 KNOW ALL MEN BY THESE PRESENTS: fj �• That the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a corporation duly organized and existing under the laws of the State of Wisconsin,and having its principal office in the City of Wausau.County of Marathon.State of R . Wisconsin,has made,constituted and appointed,and does by these presents make,constitute and appoint BONNIE S. CARUTHER. r its true and lawful attorney•in•fact,with full power and authority hereby conferred in its name,place and stend,to execute, seal,acknowledge and deliver ANY AND ALL BID BONDS OR WRITTEN DOCUMENTS INVOLVING BID GUARAN- Z TEES OR IN THE NATURE THEREAFTER D _ w � an to bind the corporation thereby as Cully and to the same extent as if such bonds were signed by the President,sealed with Z the corporate seal of the corporation and duly attested by its secretary hereby ratifying and confirming all that the said cc attorneyin•fact may do in the premises. Q This powerofattorneyis granted pursuantto the following resolution adopted by the Board ofDirectorsofsaidCompanyata w meeting duly called and held on the 18th day of May,1973,which resolution is still in effect: a "RESOLVED,that the President and any Vice President—elective or appointive—of EMPLOYERS INSURANCE OF Q WAUSAU A Mutual Company be,and that each of them hereby is,authorized to execute powers of attorney qualifying 1-- the attorney named in the given power of attorney to execute on behalf of EMPLOYERS INSURANCE OF WAUSAU A �a O Mutual Company bonds,undertakings and all contracts of suretyship;and that any secretary or assistant secretary be, Z and that each or any of them hereby is,authorized to attest the execution of any such power of attorney,and to attach U) thereto the seal of EMPLOYERS INSURANCE.OF WAUSAU A Mutual Company." 0 "FURTHER RESOLVED,that thesignnturesoC such officers and the seal oCEM11PLOYERS INSURANCE OFWAUSAU p A Mutual Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such powerof attorney or certificate bearing such facsimile signatures and Cacsimileseal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect to to any bond, undertaking or contract of suretyship to which it is attached:' 2 IN WITNESS WHEREOF,EMPLOYERS INSURANCE OF WAUSAU A Mutual Company has caused these presents to be w Rr f- signed by the vice president and attested by Its assistant secretary,and its corporate seal to be hereto affixed this 1ST day of JANUARY 19 95 y EMPLOYERS INSURANCE OF WAUSAU A Mutual Company Ln •.w, w:rfiS SEAL By J.Stephen Ryan ✓ Vice President Attest: c Z --------d PR.J.Besteman Assistant Secretary O wJ STATE OF WISCONSIN ) Q )sa. r.� LL COUNTY OF MARATHON ) `. O On this 1ST day of JANUARY 95 r cc 19 before me personally came w J.Stephen Ryan tome known,who being by me duly swom,did depose 3 and say that he is a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualComparry,the corporation described in and which r O executed the above instrument:that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal and that it was so d affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. k IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year herein first above written. Q 'l.C�-�w1 i.. Q oivrrn E- Patricia A.Kletnan Notary Public O NOTARY PUBLIC I- N STATE OF WISCONSIN MY COMMISSION EXPIRES MAY 24,1998 :{• ,r N STATE OF WISCONSIN ) CERTIFICATE %r = CITY OF WAUSAU )ss. f- COUNTY OF MARATHON ) I,the undersigned,assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,a Wisconsin corporation,do hereby certify that the foregoing and attached power of attorney.WHICH MUSTCONTAIN A VALIDAT- ING STATEMENT PRINTED IN THE MARGIN THEREOF IN RED INK,remains in full force and has not been revoked;and furthermore that the resolution of the Board of Directors set forth in the power of attorney is still in force. Signed and sealed in the City of Wausau,Marathon County,State of Wiscon in.this 29th day of April '1997. —_ •,r /�••°••.} R.J.Besteman S L Assistant Secretary EA nn NOTE: IF YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OR WORDING OF THIS POWER OF ATTORNEY,CALL TOLL FREE(800)826-1661.(IN WISCONSIN,CALL(800)472-0041) 815.4222-1 06.94 I t t p i , � ANTI-COLLUSION STATEMENT ,I STATE OF � COUNTY OF \-4j SC.N being first duly sworn,deposes and says that he is _.. TITLE OF PERSON SIGNING E NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and I correct;and that the bidder(the person,firm, association,or corporation making said bid)has not,either directly or indirectly,entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. AMant further certifies that bidder is not financially interested in,or financially affiliated with, any other bidder for the above project. �d (B r' ( Y) Sworn to before me this 6�-1 day of 19D-1 A"L'� 19� NOTARY PUBLIC -- i� My commission expires: j April 12.1997 Q%SPECSISALTBLDD.frm leg a t a S 4 i } t 'i ,w j ~" O RACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF l COUNTY OF i" The undersigne AtAC—s of lawful age, being first duly sworn states upon oath that he is UCH of 14 Lk r ' the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses,however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. AFFIANT Subscribed and orn to befor me, a.N�ary Public, in an for the County and State aforesaid, this day of 1 g e" NOTARY PUBLIC My Commission Expires, f -C' � 1, r9cyy) , ; i a, { CMPECSISALTBLDGJrtn An . � ApAl12,'199T i f I�Y,vP{4 yv4t}L s;,ii.t��,�'i`Y=,rr'r,1�''3`•r;',t,.::::'.t.ct:r.:..c o a .,.w,.•...—____y___»_..._.___.r_ . . - __ .... .. ._ � f ; ' momt 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 sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be made to use q ualified 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 y pp construction. 4. Qualified small, women owned, and minority business will be solicited .h1 whenever they are potential sources. 5. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority k businesses. ` 7. Contractor will use the services and assistance of the Small Business I Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. tl� l QISPECSISALTDLIDGNM April 12,1997 i e w I t F2,; t 4 Z , t �t 1 , r I 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 a 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member"or"Minority"means a person who is a citizen or I permanent resident of the United States, and who is: awful I ^I I 1. Black(a person having origins in any of the black racial groups of P Africa); I . 2. Hispanic (a person of Spanish or Portuguese culture with origins in i Mexico, South or Central America, or the Caribbean Island, regardless of race); E 3. Asian American(a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native(a person having origins in any of the original peoples of North America); 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)). 6. A female person who requests to be considered as an MBE and who "owns"and "controls"a business as defined herein. �1 Minority Business Enterprises maybe employed as contractors, subcontractors, or suppliers. (� Q1SPECSISALT8LDG.frm April 12,1997 Er ii , j j B. The bidder must Indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract,as follows: j Name and Addresses Nature of Dollar Value of of Minority Firms Participation 7Participation e ebart o Zif c' (A) 8C-- W 6P,1,4. MQ&szw m.1 Total Bid Amount: 419-3 e°O Total: 6-1yOz.0 o I Percentage of Minority Enterprise Participation: -3 C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise;and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. .� A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to .., use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. 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. i 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 F AUTHO IZED OFFICER �I DATE G (t r' SIGNATURE OF AUTHORIZED OFFICER �t C:tSPECSISALT9LDG.frtn April 12,11997 r , ' t i '= CERTIFICATE OF OWNER'S ATTORNEY r nil y I, the undersigned, the duly authorized and acting legal representative of do hereby certify as follows: 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 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 agreements on behalf of the respective parties named thereon;and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. 1 (Signature) a (Date) It� c:ISPECSISALTBLDGJrm April 12,1997 s , 1 Ai 'w:T '1+, +:T'�r^5 zg �yVi�§�+M1:�:>7rv1il4il'.Y'ist"hYi✓.irr'.r,.ucw...........��....arw......+«..._......--.. ...... _ iJICy[RU� l.t. r �( p .. t.. �Ni3�YndG��"tom+F1�Fr'"1`d+ 4{1; l , AFFIDAVIT COMPLIANCE WITH PREVAILING t: WAGE LAW Before me, the undersigned Notary Public, in and for the County of I State of personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the j payment of wages to workmen employed on public works projects have been fully i satisfied and there has been no exception to the full and complete compliance with said I 1 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,in carrying out the contract and work in connection with the project entitled"Project No.32049,Cherry Street Salt Storage Facility" located at Jefferson City in Cole County, Missouri, and completed on the day of 19_ SIGNATURE Subscribed and sworn to me this da y of "� 19 NOTARY PUBLIC My commission expires: i r STATE OF MISSOURI ) )ss COUNTY OF ) <,v r (•;,. " C:ISPECSISALTBLDG.frm April 12,1997 ,• lid i { , 1 7 1 f{ 4 • t LL ,' y� i Missouri � . Division of Labor Standards WAGE AND HOUR SECTION OF THE ST w < 3 H. •D•y.i lyrl�• %0 �a MEL CARNAHAN,Governor Annual ",Xage Order No . 3 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, 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 .� filed with the Secretary of State of Missouri. A A? VOLEE olleen A.Baker,Director Division of Labor Standards MAR 71n96 i Filed With Secretary of State: Last Date Objections May Be File`' ��7ARY CF STA APR R 1996 j Prepared by Missouri Department of Labor and Industrial Relations s' , i ! ! Buildin0 Construction Rates for COLE County REPLACEMENT PAGE Section 026 Ltlective aver- CRAFTS Date of I Hourly : Time Holiday) Fringe Benefit Pa ments •.,, , Increase i•I Rates . Rates Rates i H 8 W:Pen, : Vac. •Appr.I rql Other estos Workers I 12196 1 625.4& 55_I 28 I 3.22f-4.971 lermakers 1 9196 �-521.35; 57 7 ! 3.25' 3.00; I 0.16 -b bdcklayers_Slone Mason 1 9/96--. 11 515.60. 59 7 1 2.30 1.85 I 0.15 Carpenters t 1 515.68 60 1 7 1 2.05. 1.501 I 0.17 Cement Masons ! $17.56. 9 1 3 I 1 1.66 I Electricians (Inside WiremanL_ 1 - _ i 519.21 '-28 1 7 1 2.051 3.001 100 0.15 NEBF3%; Communication Workers IUSE ELECTRICIANS(INSIDE WIREMANJ RATE I I Elevator Constructors 1 7196 i_S23.92; 26 1 54 1 3.5451 2.19: a ! 0.0851 ! En Ineers•Portable&Hoisting: Group 1 :.._ ( _-_ I•_- I I I 5/96 1 519.12 86 1 3 1 3.65 1 3.65! 0.45;ANN.55, Group Ii Group 111 I 5/96 1 S19_12: R 3 3.651 3.65 I I 0.45 ANN.55 I Group 111•A I 596 517.87 86 3 1 3.651 3.65; I 0.45'ANN 55 I " p 5.96 519 12' 86 I3 1 3 651 3 651 1 0 451 ANN 55 I Group IV I 5196 516.89 86 _3 _I 3.651 3.65 1 0.451 ANN.55 1 Group 5'96 619.82 86 i 3 i 3.65 i 3.65 i 0.45'ANN.55 1 Pioe Fitters i cl 524.25__91 3 TOTAL FRINGES 510.28 I Glaziers i 511 35 FED _! 0.45 i 0.28 0.45. i HOL.18 . Laborers(Buuoinc): 1 1 1 I i General i I Si3.05 110_ 7 2.30, 1.501 1 0.401 ! Se^.on Sarni1SWi 1 513.40 110 7 I 2.30+ 1.50; 0.401 '-1 Se:ond Sami•Skilled 513.40 110 7 1 2.30. 1.50 0.40! i i Lathers•Me:al,Wood I IUSE CARPENTERS RATE I ! Linoleum_Layers 8 Cu;,ers 1 USE CARPENTERS RATE ! .. Marble Masons - I 9,96 ;TS15.60 59 7 I 2.301 1.851 0.151 1 Work I 1 516.43 60 7 1 2.051 1.501 0.171 Workers i 8196 I S16.87 11 1 8 1 2.87; 5.30 1 0.251 I '•minters - _ -- _ •. .• i 515.50; 18 1 7 i i 100 i - i I Plasterers - 1 1 I 1 y Plumbers ---- 1 516.71-54 1 5 1 I Pile Drivers 1 520.00• FED i 1.63 i I ! Roofers � I S16.08 60 7 -I 2.051 1.501 0.171 I ml Sheet Metal Workers 1 9r96 ! 517.60 12 4 i 2.65 1 2.10 I 0.14! 1 1 7196 1 518.39' 40 1 23 1 3.161 2.18 I ! 0.29:SASMI.71; 1 1 --- I • J Drinkler Finers I 1 510.50 Terrazzo Workers I 9/96 i 1 S15.601 59 ! 7 2.30 1.85 1 0.151 I Tile Setters 9196 I JTruck Dri S15.601 59 I 1 7 ' .30; r • 151 vers•Teamsters . 1 Grou I - Grou II I 11 514.25 i 101 1 5 1.75 1.75 I I t I I 514.95 i 101 15 1.75 1.75 Grou III 514.65 i 101 15 1.751 1.75 i I I GrOU IV ! I LS14.95. 101 I 5 1.75 1.75 I Traffic Control Service Driver ---I I 1 I Weil Drillers ! I S 11.90 i 485 49 0.83! 0.48 0.23 I HOL.41 IUSE BLDG CONST.ENGINEER GROUP II RATE IWelders•Acetylene 8 Eleclnc I •I- --- �l 1 . ;'ANNUAL INCREMENTAL INCREASE SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0.3 1296 4. ! Yuilding Construction Rates for COLE County Footnotes Section 026 ,YI .._.._-Eflechva 13aslc ver- /"�j CRAFTS Date of Hourly Time Holiday _ __. Fringe Benefit Payments ,. ) _Increase Rates Rates _Rates H&W Pen. Vac. A�r.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-$0.205 i 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 ` r � � r r r r� 1 r • V ANNUAL WAGE ORDER NO.3 3196 r. 7 .i ti 7..•r•, + , r ..'.++w.Irt9r1SYi4lw ili azmti%'S�: iit RfT.n a>axwu..,..?we•mu..:vuw•.:..t..,..n-r.................._..�....w,....«....»......._.... ___ WW4 .t 1,•r t 1 _ • 7 r Y COLE COUNTY OVERTIME RATES �. FED: Minimum requirement per Fair Labor Standards Act means time and one-half (1'{,) shall be " ! paid for all work in excess of fort (40) hours Y per work week. N0. 9: Eight (8) hours shall constitute a regular work day that may being as early as 6:00 a.m. and end no later than 5:30 p.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half (11A) times the regular pay. In the event on the following nSaturdayr at week straight time. All conditions,accompli Employer eon S schedule Band 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. li: Means eight (8) hours shall constitute a day's work, from 8:00 a.m. to 5:00 p.m. i from Monday to Friday. Time and one-half (IM) shall be paid for first two (2) hours Monday "i through Friday and the -first eight (8) hours on Saturday. Al2 other overtime hours Monday 4 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. I N0. 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 (1%) times the regular hourly wage scale. All work performed within the regular working hours shall consist of a ten (10) hour work day except in emergency situations. Cvertime work and Saturday work shall be paid at one and one-half (1%) times the regular hourly rate. Work on holidays and Sundays shall be paid at two (2) times the regular hourly rate. --j ( N0. 18: Means a work week shall consist of forty (40) hours beginning Monday and ending on j -J Friday. Any hours worked over forty (40) in this payroll period shall be paid at the race j of time & one-half (1�) . Saturday work will be paid at time & one-half (I%). Sunday and_ recognized holidays shall be paid at double (2) time even if the holiday falls on Saturday. _I Saturday can be a make-up day, if needed, at straight time pay (provided it is not a 1 holiday) . N0. 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 on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double (2) the rate of single time. Holidays shall be paid at the double (2) time rate of pay. N0. 28: Means eight (8) hours between 8:00 a.m. and 5:00 p.m. shall constitute a day's work five (5) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workday/workweek or four (4) ten (10) hour days (4-101s) provided: -The project must be for a minimum of four (4) consecutive days. -Starting time may start as early as 7:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented). -Any time worked in excess of any ten (10) hour work day (in a 4-10 hour work week) shall be at the appropriate overtime rate. All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one & one-half (IM) times the employee's regular rate of pay. All work performed from 12:00 a.m. Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. N0. 40s 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 9 as late as 5:30 p.m. All hours worked on Saturday and all hours worked in excess of eight �dl (0) hours but not more than twelve (12) hours during the regular working week shall be paid for at one and one-half (I%) times the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (12) hours during the regular working day ;a shall be paid at double (2) time the regular hourly rate. '✓r 1 Awxee.nT ANNUAL WAGE ORDER NO. 3 A PwdE I OF 3 PAOJ°! ( t „ I . t YY' y NO. 48: Means the 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 x one-half (13) 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- 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 CIM) unless time has been lost during the week, -I 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 employees work on any of the recognized holidays they shall be paid time and one-half (11() 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 (10) hours of work on Saturday, shall be paid at one & one-half (11A) 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) the straight time rate. N0. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per ` week, Monday to Friday inclusive, shall constitute a week's work. The regular starting time shall be 8:00 a.m. When circumstances warrant, the contractor may change the regular workweek to four (4) ten-hour shifts at the regular straight time rate of pay. The first two (2) hours of overtime worked Monday through Friday and the first eight (8) hours on Saturday shall be paid at the rate of time and One-half (1y,) . All time worked in excess of ten (10) �J 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. N0. 59: Means that except as herein provided, eight (8) hours a day (which may begin as early as 6:00 a.m.) shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half (1%) . 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 forty (40) hours per week. When the five day (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours or forty (40) hours per week. 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 SO-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 (11A) 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 (I%) the hourly rate Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, he may work ten (10) hours Friday at straight time. NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. All overtime work performed on Monday through Saturday shall be paid at time and one-half U%) 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. ' AW3U76.0T ANNUAL WAGE ORDER N0. 3 PACE 2 OF 3 PROPS w� r , y f• ' l ' t •�, N0. 91: Means eight (8) hours shall constitute a day's work in a time frame beginning as early as 7:00 a.m. and ending as late as 5:30 p.m. The work week shall. be forty (40) hours beginning Monday as early as 7:00 a.m. and ending Friday at 5:30 p.m. Employees shall receive double (2) time for over eight (8) hours in a work day or for over forty (40) hours 1 in a work week from Monday through Friday. Saturdays, Sundays and recognized holidays shall be paid at the double (2) time rate of pay. N0. 94: Eight (8) hours shall constitute a regular work day that may being as early as 6:00 a.m. and end no later than 5:30 p.m. All work performed in excess of the regular work day t and on Saturday shall be compensated at one and one-half (1;4) times the regular pay. In the JI event time is lost during the work week due to weather conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. N0. 101: Means eight (8) hours a day shall constitute a standard work day, and forty (40) 1 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 crle-halt (15() (except as herein provided) . All time worked on Sunday and recognized holidays shall be paid at the rate of double (2) time. ,,.i Starting time may be as early as 6:00 a.m. and end as late as 5:30 p.m. The Employer has the option of working either five (5) eight-hour days or four (4) ten-hour days to constitute a normal forty (40) hour work week. When a four (4) ten-hour day work week is in effect, the ^9 standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. JI and 6:30 p.m. Forty (40) hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make- up day; straight time not to exceed ten (10) hours or forty (40) hours per week. All work over ten (10) hours in one day or forty (40) hours in a 4-10's work week shall be paid at the overtime rate of time and one-half (1%) . When using a five (5) day eight (8) hour work week, and the job is down for any reason beycnd the Employer's control, then Saturday may, at the -- option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours or forty (40) hours per week. I:•i ' N0. 108: Means eight (8) hours shall constitute a day's work. The day shall begin at 8:00 a.m. end end at 4:30 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 work day of eight (8) hours, Monday through Friday, shall be paid at time and one-half (155). i Saturday will be paid at time and one-half'(155) • All time worked on Sundays and holidays =' shall be paid for at the rate of double (2) time. NO. 110: Means eight (8) hours between the hours of 8:00' a.m. and 4:30 p.m, shall constitute a work day. The work week shall commence at 8:00 a.m, on Monday-and shall end at 4:30 p.m. on Friday. All work performed on Saturday, except as herein provided, shall be compensated at one and one-half (155) 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 : regular hourly rate of pay for the work performed. if an Employer is prevented from working forty (40) hours, Monday through Friday, or any parr, 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 (155) 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 (15() c the hourly rate Monday through Friday. if an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through Friday will be paid at time and one-half U%) overtime rate. j r� "W AN UAL WAGE ORDER NO. 3 AWNI.M.0T PACT:3 OF 3 PAGES i I. 1 4 s , 1 4 .r pad` a i HOLIDAY RATE SCHEDULE- BUTLDr G CONSTRUCTION ' N0. is All work done on New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the rate of double time. When one of the above holidays falls on Sunday, the following Monday shall be observed. N0. 23 All work performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, �ry Thanksgiving Day, Christmas Day, or the days observed as such, shall be paid at the double 11 time rate of pay. NO. 33 All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. N0. 41 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. NO. Sr All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. i NO. 6. All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and any additional holidays which may be mutually ` agreed upon shall be paid At the double time rate of pay. Whenever any such holiday falls I on a Sunday, the following Mcnday shall be recognized and observed as the holiday. i NO. 73 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's_. Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday, it shall be observed on the Monday. If a holiday falls on a t„( Saturday, it shall be observed on the preceding Friday. No. 83 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas, or days observed as such, shall be paid at the double time rate of pay. No. 93 All work done on New Year's Day, Memorial Day, Fourth of July. Labor Day, Thar.­. Day and Christmas Day shall be paid for at the double time rate of pay. Any one of the above listed holidays falling on Sunday shall be observed on the following Monday and paid at the double time rate of pay as all observed holidays. NO. 10s All work done on New Year's Day, Memorial Day, Independence Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving and Christmas Day shall be paid at the double (2) time rate of pay. Any holiday which occurs on a Sunday shall be observed the following Monday. No work shall be performed on LABOR ZAY except to save life and property. NO. lls 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. c NO. 123 All work done on New Year's Day, Decoration Day, Independence Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Should any j of these days fall on Sunday, then the following day shall be observed as the holiday. Under E7 no circumstances shall employees be permitted to work on Labor Day, NO. 133 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be paid at the rate of time and one-half (1 1/2). NO. 143 All work done on Memorial Day, Fourth of July, Thanksgiving Day, Christmas Day and New Year's Day shall be paid at the rate of time and one-half (1 1/2) . No work shall be done on Labor Day. When a recognized holiday falls on Sunday, the following Monday is observed as the holiday. t� ANNUAL WAGE ORDER NO. 3 PAGE i of 3 PAGES i f ' i i 1 i N '; ) N0. 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. N0. 16i There shall be seven (7) recognized holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Armistice Day, Thanksgiving Day and Christmas Day. No work on F" any pretense shall be performed on Christmas Day, Labor Day, or Independence Day. Any work y performed on the other holidays shall be paid for at two (2) times the regular rate of pay. Z10. 17: All work done t:: 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 j and Christmas. N0. le: All work done on New Year's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, the Friday following Thanksgiving and Christmas Day shall be paid at the double time rate of pay. When one of the above holidays falls on Sunday, the following Monday shall be considered the hcliday, and when one of the above holidays falls on Saturday, the preceding Friday shall be ccnsidered the holiday, and all work performed on said day(s) �11 shall be paid at the double time rate. j N0. 19: All wcrk dcne on New Year's Day, Memcrial Jay, 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. N0. 20: All work done on New Yeez's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas may 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. N0. 21: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, rzs 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. rr N0. 22: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days locally observed as such, shall be paid at the double time rate of pay. If a holiday falls on Saturday, Friday shall be observed; if it falls on Sunday, Monday,shall be observed. N0. 23s 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 R3 paid at the double time rate of pay. when a holiday falls on Sunday, the following Monday shall be considered a holiday. A0. 24: All work done on Christmas Day, Thanksgiving Day, New Year's Day, Memorial Day, Iadependence 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. Qi N0. 251 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. 261 All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double timo rate of pay. When a Holiday occurs on Saturday it shall not be observed on either the previous Friday or the following Monday. Such days shall be regular work days. If such a holiday occurs on Sunday it shall be observed on the following Monday. ! � N0. 271 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. { ttl a�ur,�1 ANNUAL WAGE ORDER NO. 3 PACE 2OF3 PAGES 1 a • t N0. 201 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 shell be paid et the double time rate of pay. No work ■hall be performed on Labor Day except when 1 triple (3) time is Paid- when a holiday falls on Dunday, the following Monday shall tie observed as the holiday. { N0. 291 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 the Labor when time in aid. When a holiday falls holiday. 110. 301 All wort: done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after '.hanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except in special cases of emergency and only when triple (3) time is paid. When a holiday falls on Saturday, the preceding day of Friday will be observed as a holiday. When a holiday, falls on Sunday, the following Monday shall be observed as the holiday. N0. 311 All work done on New Year's Day, Wnshington's Birthday, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, and Employee's Birthday shall be paid at the double time rate of pay. If a holiday falls on Sunday, the following Monday will be observed as the recognized holiday. If a holiday falls on Saturday, the preceding Friday will be observed as the recognized holiday. hol 321 All work done on New Year's Day, Memorial Day, Fourth of July, Labor Day, No.Thanksgiving Day, the Friday after Thanksgiving, and Christmas shall be paid at the double lima rate of pay when one of the above holidays falls on Sunday, the following Monday shall F''' be observed and when one of the above holidays falls on Saturday, the preceding Friday shall be observed. N0. 33: All work done on New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Labor Day shall be paid at the VXt, if the holiday falls on Sunday,. the following Monday will be triple (3) time rate of pay. observed; if the holiday falls on Saturday, the preceding Friday will be observed. 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 :. falling on-Sunday, will be observed on the following Monday and be paid accordingly. When 1. one of the above holidays falls on Tuesday, the preceding Monday will be observed as a non- working holiday. When a holiday falls on Thursday, such as Thanksgiving, the following Friday will be observed as a ncn-working holiday. ND. 351 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Christmas s Sbpaid tthe l ) rate of pay. a holiday on aunday, itshallbeobserved on the following Monday. N0. 361 All work done on Labor Day shall be paid at the double time rate of pay. NO. 371 All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and such other days as may be declared legal holidays by the Federal Government shall be paid the double time rate of pay. NO. 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 le (2) time rate of pay. In the event the holiday Thanksgiving Day) shall be paid at the doub should fall on a Sunday, the following Monday will be paid at the rate of double (2) time. NO. 391 No work shall be done on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmae. 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. if NO. 401 All work done on a legal holiday shall be paid at the double time rate of pay. .. e 3 ANNUAL WAGE ORDER NO. 3 PAGE 7 Of S PAGES i ' s 1 x NO. 411 All work done on New Year's Day, Memorial Day, Thanksgiving Day and Veteran's Day shall be paid at the double time rote of Pay. No work shall be done on Christmas Day, Fourth c of July or Labor Day. when any of the above holidays fall on Sunday, the following not Monday shall be observed as such holiday. If a holiday falls on Saturday, considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. N0. 421 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 r time rate of pay. NO. 431 All work done on New Year'a Day, Memorial Day, Independence Day, Labor Day, Veteran's Day (Nov. 11th) or mutually agreed upon daholi3ankfallenon ay, and Christmas 11 be observed be paid at the double time rate of pay. Y on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. c NO. 441 All work done on New :'ear'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 rote of pey. pcsititiely no we-k stall be elicwed on Labor Day. If any of these holidays fall on Sunday, the following day will be observed as the holiday. If any of these holidays fall on Saturday, the preceding Friday will be observed. NO. 45: A31 work done on New Year's Day, Decoration Day, Independence Day, Labor Day, 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. N0. 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 WORX SHALL BE DONE ON LABOR DAY. Holidays falling on Saturday shall be observed the preceding Friday. Holidays falling on a Sunday s.*.all be observed the following Monday. NO. 471 The following holidays are recognized: New Year's Day, Memorial Day, Fourth of July, Labor Day, Veteran'a Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas • Day, New Year'a Eve. The above mentioned'holidaya 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 t, ht time when not worked and at double time plus refer_ed to above shall be paid for at straig holiday pay when worked. No. 481 All work done on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor rq 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 following Monday shall be observed as the holiday. Should any of the above holidays fall on i Saturday, the preceding Friday shall be observed as the holiday. ad NO. 49t 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's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance of one (1) of the personal days to be limited to the time between December 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 & one-half (I%) their regular rate of pay for all hours worked. ANNUAL WAGE ORDER NO. 3 PAGE d OF S PAGES INS— s' t I t z ( 4 NO. 50: All work done on New Year's Day, Good Friday, Decoration Day, Fourth of July, Labor . Day, Thanksgiving Day and Christmas Day shall be paid at the double (2) time rate of pay. If any Holiday falls on Sunday, the following Monday shall be recognized as the legal holiday. i NO. 51: All work done on New Year's Day, Memorial Day, Independence Dny, Labor Day, Veteran's Day, Thanksgiving Day and Christman Day, or days observed as such, shall be paid at the double time rate of pay. In the event one of the above holidays falls on Saturday, the holiday shall be celebrated on that day. If the holiday falls on Sunday, the holiday will be celebrated on Monday following. NO. 52: There are four (4) paid holidays and they are: Labor Day, Christmas Day, Memorial Ay Day, and Independence Day. For these four (4) days, all regular employees shall be paid for M1 )I 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. 53: All work done on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Christmas Day or days observed as such for these holidays shall be paid at the double (2) time rate of pay. No work shall be performed 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. i=1 when a holiday falls on Saturday, the preceding Friday shall be observed as the holiday. NO. 54: All work done on New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day shall be paid at the double (2) 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. 55: All work done on New Year's Day, Independence Day, Labor Day, Memorial Day, -' p Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and Two Floating Holidays (to be designated by the Company) shall be compensated at time and one-half M%) the regular rate E' 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. NO. 56: All- work done on New Year's- Day,, Decoration Day, Independence Day, Labor Day, November 11 (which shall lie recognized an Veterans! Day), Thanksgiving Day, The Day after Thanksgiving day, and Christmas day shall be compensated at the double (2) time rate of pay. n' when an observed holiday falls on Sunday, the following Monday shall be observed as the r. 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. N0. 57: 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 Monday shall be observed. 2�1 NO. 58: 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. ANNUAL WAGE ORDER NO. 3 PACE S OF S PAGES oj i • A {Q i t� Heavy Construction Rates for COLE County REPLACEMENT PAGE t , Section C ~ I ective asic—aver• CRAFTS •Date of�Hourly Time Holiday[I R y Fringe Benefit Payments e` CARPENTERS ate Rates Rates i H 8 W I Pen. I I � Vac. r.Tr Other it I Journe men $2D.28 Millwrights 5/96 -----.- I 7 5 2.051 2.10 0.05 _ $20.28 7 5 I 2.05 Pife DrDriver Worker 5/96 t $20.28► 7 5 2.10 0.05 _ I OPERATING ENGINEERS — 2.05T2.101 0.05 � I i I Group l Grou II 5/96 i $18.30 5 5 3.651 3.65 0.42 ANN.55 . Group III 5�6 1 117.951 5 5 I 3.65► 3.651 0.42 ANN.55 . .$17.75 i 5 1---••--_____ 5 I 3.65 13.6 I— 5/96 $15.00 Oiler-Driver 1 ° LABORERS -Gen Leral Laborers 20 2 I 4 2.301 Slcillecl Laborers i 5/96 I $17. ; — I 2.10. --1 I 5/96 $17.90 2 j q T 0.40 — I 2.10 0.40 i L TRUCK DRIVERS•TEAMST2RS— Group i $17.79: 2 i 4 1 2.40 2.00 I I !Group II _ _ rou III _ $17.95_2 1 4 2.40 t coup 1V i 4 r 2.40;_2.00 i ----� $18.06 f l i Y NUAL INCREMENTAL INCREASE ANNUAL WAGE ORDER NO.3 ,. _._._._.._._. .... ..... 7/96 t )iy n..--tea-u—�� .-�.��...�..-.....-r.+-.--.s-c.,.n.•v'1^v.�'. _._ .--..—�---v—_--r---� -�-—..��-�-�__. r.-.--.-�-•.--_��--...o -�--..-.�- � __,.. _�• _ .. -. a ` OVERTIME RATE SCHEDULE HEAVY ONSTRUCTION NO. It Mears eight (8) hours shall constitute a normal days work Monday through Friday. Projects may be worked on the basis of a ten (10) hour per day, four (4) days a week schedule (Monday through Thursday). All hours worked over ten (10) hours per day or forty (40) hours per week shall be paid at time & one-half (1)S). There are no provisions for make-up days on Friday or Saturday, work on these days will be paid at time and one-half (135). On projects working five (5) day, eight (8) hour schedules (Monday through Friday), there is a provision called •50 hour window for forty (40) hours worked.* If inclement weather causes a curtailment of work for projects operating under this 5.8,s schedule, the employer 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 o� eight 8) hours per day to nine (9) or ten (10) hours per day at straight time , is only applicable after the Employer on that job site has lost work hours which are to be made up by the expanded daily work o.rs. Time & one-half (135) 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 (E) 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 (135) . NO. 2: Means a regular work week of forty (40) hours will start on Monday and end on Cz. Friday. The regular work day shall be either eight (8) or ten (10) hours. If a crew :s prevented form working forty (40) hours Monday through Friday, or any part thereof, by. reason of inclement weather, Saturday or any part thereof may be worked as a make-up day � at the straight time rate to complete forty (40) hours of work in a week. Employees who !Y� are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. Time & one-half (135) shall be paid for all hours in excess of eight(S) hours per day (if working rya 5.81s) or ten (10) hours per day (if working 4.10's),or forty (40) hours per week, Monday a through Friday. For all time worked on Saturday (unless Saturday or any portion of said day is worked as make-up to complete- forty hours), time and one-half (I%) shall be paid. :•; ;s� For all time worked on Sunday and recognized holidays, double (2) time shall be paid. r.� 140. 3: Means a regular work week shall consist of not more than forty (40) hours of work �J 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 one- 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 F 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 forty (40) hours Performed over and above ten (10) hours per day and per week shall be paid at the rate of time & one-half (135)- Workmen shall receive time and one-half (135) for all work performed on Sundays. NO. 5: Means a regular work week may be Monday through Thursday (if working 4.10,x) or Monday through Friday (if working 5.8•s). Time & one-half (I%) 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 5.81s), 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 ez(1 as 7:00 a.m. Time and one-half 0M) 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 Employer, Saturday can be used for a makeup day. ( ANNUAL WAGE ORDER NO. 3 jib,bck/e,mmott ice/wiawo td/wp5lcoav/al11ilu/hvyot.aW 3/96 .ai • 4 BMW OVERTINE R TE SCHEDULE HEAVY CONSTRUCTION No. 7: Means the regular work day shall bn either eight (8) or ten (10). hours. The regular work week shall start on Monday and end on Friday, except where the Employer r elects to work Monday through Thursday, ten (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the 1 overtime rate of time and one-half MD. Except as worked as a make-up day, time on Saturday shall be worked at time and one-half MD. Time on Sunday shall be worked at double (2) time the regular rate of pay. N0. Bs Means eight (8) hours shall constitute a regular workday, Monday through Friday. Time and one-half (li5) shall be paid for work performed in excess of eight (8) hours on any regular workday. An Employer may have the option to schedule his workweek from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate of time and one-half (2%). If an Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. However, should a holiday occur, Monday through Thursday, the Employer shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. Time and one-half (1)i) shall be paid for work performed on Saturdays. Double (2) time shall be 1� paid for work, performed on Sundays and recognized holidays. N0. 9: Means eight (8) hours shall constitute a normal day's work Monday through Friday. Any time worked over eight (8) hours per day or forty (40) hours per week will be paid at time and one-,alf(lii) rate. work may be scheduled on a four (4) days a week (Monday through Thursday) at ten (10) hours a day schedule. If such schedule is employed, then r: Friday may be used as a make-up day when time is lost due to inclement weather. A21 work i over ten (10) hours a day or over forty (40) hours a week must be paid at time and one- half (1W. If an Employer has started the work week on a five-day, eight-hours a day-' schedule, and due to inclement weat.`e: misses any time, then he may switch to a nine or ten hours a day schedule, at straight time, for the remainder of that work week in order to make up the lost time (10-hour make-up day). All work performed on Saturday shall be rx� paid at time and one-half (iii). Double (2) time shall be paid for all time worked on Sundays and recognized holidays. In such instances where a recognized holiday is observed : during the work week, it shall be counted as eight (8) hours toward a forty (40) hour work week, then-all work, performed over and above-thirty-two (321 hours in that week would be paid at the rate of time 6 one-half (iH). � rn ) 1 No 10: Means a regular work week may be Monday through Friday (if working 5-81s) or Monday through Thursday (if working 4•10's). Time and one-half MO is � in excess of ten (10) hours paid when working per day (if working 4.10'x) Monday through Thursday. If the Employer elects to work from Monday through Thursday and is stopped due to inclement weather (rain, snow, sleet falling) he shall have the option to work Friday at the straight time rate of pay to complete his forty (40) hours. All necessary overtime in excess of eight (8) hours per day and work performed on Saturday, shall be paid at time and one half (1i6) the hourly rate. work performed on Sunday and recognized holidays shall ` 1 be paid at double (2) the hourly rate. N0. 11: Means eight (8) hours shall be a regular work day beginning as early as 7:00 a.m. Time and one-half UM) shall be paid for all overtime hours (over eight (8) hours per day or over forty (40) hours per week) worked during the week, Monday through Friday and for all work performed on Saturday. Double (2) time shall be paid for all time worked on Sunday and recognized holidays. m� "y ,ANNUAL WAGE ORDER NO. 3 yib:bck/cimsoll ice/wiaword/wpSlcoav/alllileo/hvyot.awi 3/96 .r HOLIDAY RATE SCHEDULE-HEAVY CONSTRUCTION a* No. 1: All work performed on New Years 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 Years Day,Decoration Day(Memorial Day), Independence Day (Founh 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 Y-). When a holiday falls on Saturday, Friday shall be observed. When a holiday falls on Sunday,Monday shall be observed. No work shall be performed on Labor Day except to save life or property. Where one of the holidays specified falls or is observed during the work week,then all work performed over and above thirty-two(32)hours in that week shall be paid at the rate of time and one-half(1'/:). No. 3: All work perfom)cd on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Christmas Day,or days observed as such, sball be paid at the rate of time&one- half(I%)• When a holiday fails on Sunday,it sball be observed on the following Monday. No. 4: All work performed on New Years Day, Memorial Day, Independence Day, Labor Day, •Thanksgiving Day,Chrisunas Day, or days observed as such,sball be paid at the double time rate of �+ pay. When a holiday falls on a Sunday,Monday shall be observed. :t - `' No.5: All work peifonTcd 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 1(1)time. When a holiday falls on a Saturday,Friday shall be observed. When a holiday falls on a Sunday,Monday shall be observed. No work shall be performed on Labor except to save life or property. where one of the holidays specified falls or is observed during the work week then all work performed over and above tbirty-two(32)bourn in that week shag be paid at the rate of t time and one-balf(1 S)• 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 »1 occurs on Saturday,it shall not be observed on either the previous Friday or the following Monday. Such days shall be a regular workday. If such a holiday occurs on Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day. r NO.7:All work done on New Years Day,Memorial Day,Thanksgiving Day and Veteran's Day shall be paid at the double tirne rate of pay. No work shall be done on Christmas Day, Fourth of July or 4= Labor Day. When any of the above holidays fall on Sunday,the following Monday shall be observed as such holiday. If a holiday falls on Saturday,it shall not be considered to be observed on the previous Friday or following Monday. Such days shall be regular workdays. i ANNUAL WAGE ORDER NO.3 3/96 . • y,r ;e 11 y REPLACEMENT PAGE OUTSIDE ELECTRICIANS COMMERCIAL WORK Tbese rates are to be used in the following counties: Adair. Audrain. Boone, Callaway, Camden. Carter, Chariton, Clark, Cole. Cooper. Crawford,Dent, Franklin, Gasconade, Howard. Howell, Iron.Jefrerson. Knox, Lewis, Lincoln. Linn. Macon, MaHm 1 Marion, Miller, Monitcau, Monroe, Montgomery, Morgan, Oregon, Osage, Petry, Pbelps, FO;e. Pulaski.Putnam Ralls,Randolpb,Reynolds,Ripley,St.Charles,St.Francois.St.Louis City.St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Sbclby,Sullivan,Texas,Warren, a and Washington Classifications Plate Effective :rl Date of Increase 'Journeyman Lincman 523.02 9/96 'Lineman Operator $20.61 9/96 'Groundman 516.32 9196 AIN Fnnpc Benefits Hcaltb&Wclfarc -S2.00 Vacation HolidavTrust- 13V-% National Electricians Annuity Plan-22% Apprenticeship&Training-3/4 of 11 National Elm Bcn.Fund-3`%0 uTILm'woRx Classifications Rate Effective Date of Increase Journcvman Lineman $22.61 9/96 'Lineman Operator $19.51 9/96 -Groundman 515.10 9/96 Fringe Benefits Health&Welfare -$2.00 Vacation Holiday Trust-10'/4% National Electricians Annuity Plan-19"/0 Apprenticeship&Training-3/4 of I% t rrAs National Elec.Ben.Fund-3% r -ANNUAL INCRE.MEN TAL INCREASE "( ot:tsn vX*0 ANNUAL WAGE ORDER N0.3 9/96 r ......... ._----- .._._.. .. t 1 1 REPLACEMENT PAGE OUTSIDE ELECTRICIANS r, COMMERCIAL WORK OVERTIME RATE: Eigbt(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m, and forty(40)hours within five(5)days,Monday through Friday imhLsive,shall constitute the work week. Work performed in the 9tb and l Otb hour,Monday through Friday,-'shall be paid at ..� time and one-half(I%)the regular straight time rate of pay. Work perfomred outside these hours and on Saturdays,Sundays and legal holidays shall be paid for at the rate of double(2)tine. HOLIDAY RATE: All work peribmxd on New Year's Day, Memorial Day, Fourtb of July, Labor � Day,Veteran's Day,Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the I double time rate of pay. Whcn one of the foregoing holidays falls on Sunday, it shall be celebrated on the following Monday, �I � 1 r I � � } }f 1 � t �r 1 ra t t , ( i. � t St .. ,• f� f jv ti t,r t t ot-rsnnr.r!:± ANNUAL WAGE ORDER NO.3 9/96 {f f T ♦ I ,iJ 4 `y ,+ .+TZ+ rS1 F '"".""o4sH•'tt3'.Cl.'�.}'u'u"u•;A;7e�� Sfi:A>F:':+rw.-..., . - .::a..:.n.•.....,.».,..... .. _._. _ 1' t.,1 t ti p ti AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW r. I, the undersigned, of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as ! by Nu 2. That was awarded a public works ., contract for Project No 32049, Cherry Street Salt Storage Facility. 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 full complied ' y p with the , provisions and requirements of Section 290.290 RSMo(1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of 1 g NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) J COUNTY OF jss f4 MWECSISALTBLDUrm } April 12,1997 i .. ,', i..;Ky=z:;V§:'i�Ktia S;;a^.rz n=s,.e•K-.:..•......_..__.___._ _._........ . .. ..._._-. __........ 1 . f 4 C, i . t. EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public works contract for Project No. 32049, Cherry Street Salt Storage Facility. 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 �J requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri ►� laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. ji AFFIANT i Subscribed and sworn to before me this day of 19 NOTARY PUBLIC My Commission Expires: APPROVED BY: DIRECTOR OF PUBLIC WORKS, CITY OF JEFFERSON, MO 1 Y J J I . [ Q%SPECS%SALTBLDG.frm April 12,1997 f Y. 6W ;S • ':.. .... .. ^^,.+..•uaz.:.<'<°=r•. .,�,?;rax't:•a:s:fiaxra�..,•......•...:,.,.....c�.....,...._.•.. __......�..._......._...._-----... - .. ..._. - -,--.••-•—.�-....:c,mw. r Y •i � t J 1, t w� , •„ ! CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this A day of T./Z 19; by and between Wisch and Vaughan Construction Company,Inc., he einafter 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 ' and for constructing the following City improvements: Project No.32049,Cherry Street Salt Storage f=acility �J NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion. The Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform,and to perform,said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within Sixty(60)calendar days from the date Contractor is ordered to proceed,which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract. 2. Prevailing Wages. All labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the"prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor ' and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No.3,Section 026,Cole County as issued on April 8, 1996 and last modified in September,1996 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages eJ 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 �d each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the �d 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 this contract, by the Contractor or any subcontractor under the Contractor. ('f C:\SPECS%SALTBLDG.frm April 12,1997 do I . { i 1 3. nsurance. Contractor shall procure and maintain at its own expense during the life of this contract: M (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ! (b) Contractor's Public Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single occurrence and$100,000 for any one 'i person in a single accident or occurrence, except for those claims governed by the J provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than$1,000,000 for all claims arising out of a single accident or occurrence and $100,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance-The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and$100,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter j a'4?ta 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse, g (e) Subcontracts- In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and©hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs(b)and©hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage clairrls 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 rotective insurance(or contingent public liability and contingent property damage policies)by a P� 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 j by anyone directly or indirectly employed by the Contractor. C;ISPECSISALTBLDO.frm April 12,1997 l t " 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 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 any contractual relations between any subcontractor and the City or between any subcontractors. 5. Liquidated Damages. The Director of Public Works may deduct Five Hundred ($500.00)Dollars per day from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof,or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. rxa 6. Termination. The City reserves the right to terminate this contract b ty g y giving at � least five(5)days prior written notice to the Contractor, without prejudice to any other rights or remedies of the City should the Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor I 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. 7. City's Right to Proceed. In the event this contract is terminated pursuant to �) Paragraph 6, then the City may take over the work and prosecute the same to �J completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, �1 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 �I ordinances, and state and federal laws. ^' � C:ISPECSISAL78LDG.frm April 12,1997 .J t r . '.' 8. Indemnity. The Contractor agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, by Contractor, its servants, agents or subcontractors in the construction of said work, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Contractor,its servants,agents,or subcontractors,or arising out of the award of this contract to Contractor. *' 9. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 10. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out 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. �xJ , '� 11. Payment. The City hereby agrees to pay the Contractor for the work done Mil pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 29, 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 One Hundred Three Thousand and 00/100($103,000.00)Dollars. j 12. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawings and/or sketches e. Signed Copy of Bid �J 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 C:ISPEC9ISALT81-1)G.frm April 12,1997 ; fill :5 r J :. - 1. •.,.k�-+,,...... .t,'.4_..'.'i:•x:»rx..,»,._,.,...n,.....v.„n.. .........._.....,. ..._....... .. ... ...... .. ...... .,......... 4 i 1 r,l •, u :' { i employee of Contractor or applicant for employment and shall include a similar j provision in all subcontracts let or awarded hereunder. 14. Notices All notices required to be in writing may be given by first class mail addressed to the Director of Public Works, City.of Jefferson, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at P.O. Box 104388, Jefferson City, MO 65110. The date of delivery of any notice shall be the second full day after the day of Its mailing. .. ( .~ 15. lurisdictlon. This agreement and every question arising hereunder shall be Interpreted according to the laws and statutes of the State of Missouri. 16. �T/�F�STIMONY WkEREOF,the parties have hereunto set their hands and seals this day of 19.`x_. �.i i CITY OF JEFFERSON, MISSOURI m Mayor APPROVED OF M: ATTEST: y ounselor ity Clerk i CONTRACTOR i I I ATTEST: i I • J A91,4 5� r✓ %�J�s u'6 � April U,1997 C:\3PEC3\3ALTBLDO,frm S t+ � i, • i t � ?i e: i " I , Any cnrr(.r., ANIN ;;Won to this bond 02 Lhould he nand I' w�,�,:;,,:, � .. •:,.. -.iri,,nu:� '' 720, a'IS/-1'I-v Soa5.3 P.O. Box W)I i 1Nausau. l:4srnn3ui 5.1.102-8017 2 1-800-82G-J661 PERFORMANCE PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned hereinafter, referred to as"Contractor"and EMPLOYERS INSURANCE or WAUSAU A Mutual Company a Corporation organized under the � laws of the State of Uj"eoyt e&o.) and authorized to transact business in the State of as Surety, are held and firmly bound unto the f hereinafter referred to as"Owner" in the penal sum of yK�FJT/itti�ilo�[ acs �a � . m yea—DOLLARS ($ 14 :39 DI)O r D U ), lawful money of the United States of America for the s 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. r" THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS,the above bounded Contractor has on the day of 19 , entered into a written contract with the aforesaid Owner for furnishing all ' materials, equipment, tools, superintendence, labor, and other facilities and r accessories,for the construction of certain improvements as designated, defined and 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; otherwise it shall remain in full force and effect. }? I CASPECSISALTBLOG.frm April 12,1897 Jr mi ' 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 interest as provided by law: { ' PROVIDED FURTHER,that the said Surety, for value received, hereby stipulates and ! i agrees that no change, extension of time, alteration, or addition to the terms of the contract,or the work to be performed thereunder, or the specifications accompanying the same,shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the I construction of the improvements as designated, defined and described in the said j contract, specifications and conditions thereof,the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of (his/its) act or omission, in any amount not exceeding the amount of this obligation together with , interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the Ex� 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 �•� ��i�-o�ezcJ �.1�.� �'I,LO,2D2y1,[i on this the • day of 19 EMPLOYERS INSURANCE OF 1h'nUSAU A Mutual Company �MACT ` �tiL�SURETY COMPANY CON R ll BY (SEAL) 4 __^SEAL) �J BYoct� r:1J��1�rlGa/(SEAL) „�.�. l� irts�t (SEAL) Attorney-in-fact (State Representative) ` (Accompany this bond with Attorney-in-fact's authority from the Surety Company ( : . certified to include the date of the bond.) ` C:ISPECSISALTBLDG.1'rm April 12.1997 r J 1.wr P I i u; - No. 207-027- 01187 a EMiPIlCiYERS INSURANCE QE WAU r " � SAU A Mutual Company POWE It OF A'TT'ORNEY a•- z y KN(1\1'AI.I.MEN lit"I'HI:SIi l'1{F:SI:N'I'S: ' •That the EMPLOYERS INSURANCE OF W'AIISAII A Mutua l Company,it corporation duly organized and existing under the laws of the Stale of Wisconsin.and having;its principal office in the City of Wausau,Couniv of Marathon,State of 1Ciscunsin,has nuulr,constituted and appointed,and does by these presents make,vnnstitulr and appoint BONNIE S. CARUTHERS I its true and lawful attorney-in-fart.with full power and authority hereby cunfcrrcd in its name•place and stend,to execute, i seal. acknowledge and deliver ANY Olt ALI.BONDS, LINDERTAEINGS. 1(F:COGNIXANCES OR OTHER WRI'I`TEN t. 7 OIILI(IATIONS IN THE:NATURE'THEREOF NOT TO EXCEED THE PENAL SUM OF TWO MILLION FIVE F — HUNDRED THOUSAND DOLLAR ($2,500,000). lD ;end to hind the corporation thewhy nF.fully and to the same extent as if such bonds were signed hy'the President,sealed with Z the corporate seal of the corporation and duly attested by its secreunry hereby ratifying and confirming all that the said attorney-in-fact nun•do in the premises. • cc T hispnwerofattorneyisgratil edpursuanttot lit,followiit gresolutioit adopt edh}'the lRoardn fHirectnrsofsairlCompnnyntn meeting;duly called and held nn the IHth day of May.197:4,which resolution is still in effect: CL '•RESOINED,that the l'residmit and tiny Vice President—elec!ive ar tynpaintive—of F.I11YL01'I:RS INSURANCE OF QW'AUSAI'A Mutual Company be.and that each of them hereby is,authorized to execute powers ofnttnrney(lualifving the attorney named in the given power of aturnc;v to execute nn behalf of F:MI'LO1'F.RS INSURANCE OF WAUSAU A p Mutual Company hands,undertakings and all contracts olsuretyship:unit that any secretary or assistant secretary be. Z and that each or tiny of them hereby is,authorized to attest the execution of tiny such power of attorney,and to attach thereto the seal of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company:' ; t O . -FURTHER RESOLVED.that thesignaturesofsuc•hoffivers and thesealofF.MPLOYERSINSURANCEOFWAUSAU O A Mutual Company may he affixed to nn>such powerof attorney or to tiny certificate relating thereto by facsimile,and f any such poweruf attorney orcerlificate hearing such facsimile signatures and facsimile seal shall be valid and binding Z upon the EMPLOYERS INSURANCE OF WAUSAU A Mutual Company when so affixed and in the future with respect � w to tiny hand, undertaking or vontract of suretyship to which it is attached:' f F W IN W'ITNE,SS WHEREOF.EMPLOYERS INSURANCE OF W'AUSAII A Mutual Company hits caused these presents to he Qsigned by the vice president and attested by its assistant secretary,and its corporate seal to be hereto affixed this 1ST day of NOVEMBER .19 94 �sn 1 EMPLOYERS INSURANCE OFWAUSAU A Mutual Company 4,;p It SEAL " By J.Stephen Ryan / Vice President ! Z Attest: 0 z R.J.B steman Assistant Secretary F LL STATE:OF WISCONSIN I j COUNTY OF MARATHON 1 s». uJ On this 1ST day of NOVEMBER 7 3 I9 1J_,before me personally came r 0 J.Stephen Ryan i ,tome known,who being by me duly sworn,did depose CL and say that lie its a vice president of the EMPLOYERS INSURANCE OF WAUSAU A MutualCompany,the corporation described in and which Q executed the above instrument:that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal and that it was so Qaffixed by order of the Board of Directors of said corporation and that lie signed his name thereto by like order. 1,WTI NFSS WH1:It I OF.I have hereunto set my hand and allixed my ollicial seal the day and year herein first above written. O Z co Patricia A.Kleman Notary Public 2 NOTARY PUBLIC I— STATE OF WISCONSIN g STATE OF WISCONSIN ( 11 MY COMMISSION EXPIRES MAY 24,1998 CITY OF W'AIISAII I ss. i1 COI INTYOFMARATIION i C'ERTIFIC'ATE. I, the undersigned. assistant secretary of EMPLOYERS INSURANCE OF WAUSAU A Mutual Company,it Wisconsin corporation, do hereby cerhf> that the foregoing and attached power of attorney, WHICH MAST CONTAIN A VALIDATING STATEMENT PRINTED IN THE:MARGIN THEREOF IN RED INK,remains in full force and hits C nia been revoked:and furtherniort-that thert-soluti(in ofthe Board ol'Directorsitet forth in thvpowerofattorney isstill in force. Signed an(]sealed in the City of Wausau,Marathon('aunty,Sure of Wisconsin,this day SEAL v� R.J.Hcsteman Assistant Secretary NOTE: IF YOU IIA1'F: ANN' (?llFal'IONS RF:(IAf<IIING 'I'llh: 1'ALII)ITl' Olt WORDING OF THIS POWER OF A'170RNEY.CALLTOLL FREE txllu)rl•?h•IfibL 11 t1'ISCONSIN,CALL(8110)•1720011). . r l ' GENERAL PROVISIONS FORWARD ' I 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 DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders, General Provisions, Special Provisions, Bid, Contract, Performance and One Year Guarantee Bond,Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications,and engineering data which may be furnished by the Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings,are each and all component parts to the agreement 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 r applied have a well known technical 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: One(1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Public Works One(1)with the Contractor GP-2 DEFINITIONS e 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: { C:%SPECS%SALTBLDG•frm April 12,1997 r •; I 1. "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous article. 2. "Owner","City",or words"Party of the First Part",shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. I ` 3. "Contractor"or the words"Parry of the Second Part"shall mean the party entering into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. h „ 4. "Subcontractors" shall mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor,for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Public Works, (i.e., the Engineering Supervisor). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. 7. "Date of Award of Contract"or words equivalent thereto, shall mean the date upon L J which the successful bidder's proposal is accepted by the City. M 8, "Day"or"days",unless herein otherwise expressly defined,shall mean a calendar day f 4• 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. �x 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. 12. Similarly the words "approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory",or words of like effect and import,unless otherwise particularly specified �t herein,shall mean approved, reasonable,suitable,acceptable, proper or satisfactory in the judgment of the City and Engineer. the n 13. Whenever any statement is made in these Contract Documents containing th I - ix'• I CASPECSISALTUDG.frm i April 12,1997 i ••1 ( 1 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 t City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction" prepared by the Missouri Highway i . and Transportation Commission. 15. "Consultant"shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself j as to the nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work,the general local conditions,and •t' all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer,agent or employee of the City, either before or after the execution of this contract,shall affect or modify any of the terms or obligations herein p 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 r1 responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City,to the Contractor,but not specified or required, if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor;and the Engineer and " the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City,shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the t.,•.*,;,, I C:ISPECSISALTBLDG.frm April 12,1997 i 1 1 1 ~ payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; © for the payment to the City of all sums due or which may f become due by the terms of the contract,as well as by reason of any violation thereof by the f I Contractor;and for a period of one year from and immediately following the acceptance of the i 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 j improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. j All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient 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 1� Contractor withheld,and the contract completed as hereinafter provided. GP-6 INSURANCE f GP-6.1 GENERAL: Iq The Contractor shall secure,pay for and maintain during the life of the Contract,insurance of t, such types and amounts as necessary to protect himself,and the City, against all hazards enumerated herein. All policies shall be in the amounts,form and companies satisfactory to I 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. y All certificates of insurance required herein shall state that ten (10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City 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 DAMAGE 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. (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. i i C:ISPECSISALTBLDG.frm April 12,1997 t; It' „ M " f GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY&PR TECTIVE - PROPERTY DAMAGE LIABILITY IN LCOVERING OPERATIONS OF SUBCONTRACTORS) I (1) Contractors contingent policy providing limits of at least $100,000 per person and $1,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least$1,000,000 per occurrence and $1,000,000 aggregate. ' 1 i . GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with$1,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain 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 n' and Property Damage Liability Insurance. This policy shall be filed with the Owner and Liability filed with the Engineer. GP-E.6 EXCLUSIONS �J 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 requirement on subject project.) j J I (?.) Injury or destruction of property below the surface of the ground,such as wires,conduits, pipes, mains,sewers, etc.,caused by the Contractor's operations, (3) The collapse of,or structural injury to,any building or structure on or adjacent to the City's premises,or injury to or destruction of property resulting therefrom,caused by the removal of other buildings,structures, or supports,or by excavations below the surface of the ground. I GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY &AUTOMOBILE PROPERTY F DAMAGE LIABILITY INSURANCE a 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 f $1,000,000 per occurrence, and property damage limits of not less than$100,000 with hired ii car and non-owned vehicle coverage or separate policy carrying similar limits. C9SPECSISALT8LDGSrm April 12,1997 • 111 GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMA ES & CLAIMS r� INDEMNIFYING CITY R ; The Contractor shall indemnify and save es,costs,expenses,xpenses,judgments and or officers agents, of and from all losses, 9 , 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 e matters,orlthings by this contract undertaken to do and perform any of t he covenants,acts to be done or performed, or for the injury, death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors,workmen, ^ _ material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE assumed,the Contractor Upon the occurrence of any event,the liability for when nlg,wh clh notice shall forthwith give agrees to forthwith notify the City,in writing such Kapp the details as to the happening,the cause as far as can be ascertained,the estimate . 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 assa d of hesSurehty on the cContractborsl bond.wSuch consent of written consent of the City Surety,together with copy of assignment,shall be filed with the City. No assignment,transfer or subletting,even though consented to,shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner,the City may at his option annul and terminate Assignee's contract. I v.1 GP-8 SUBCONTRACTS PRINCIPAL MATERIALS & EQUIPMENT I Prior to the award of the contract,the Contractor shall submit for approval of the City a list of .� subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. JThe Contractor agrees that he is as fully res oosibldeirecthy employed by themnas helislfor the ^I his subcontractors and of person Y acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. J Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, ` material supplier or other person in any manner whatsoever. q April 12.1997 J C:\SPECS\SALTBLDG.frm J • f 'j GP-9 OTHER CONTRACTS Rf' The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work,and shall properly connect and coordinate his work -, with theirs. If any part of the Contractor s work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. _ His failure so to inspect and report all constitute an acceptance of the other contractor's work I t j: as fit and proper for the reception of his work,except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work - covered by this Contract, the respective rights of the various interests involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. i GP-10 LEGAL RESTRICTIONS,PERMITS AND REGULATIONS J The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws,ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims,infringement whether such patents are for processes or devices,that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements, and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work, and in case of an award of —� damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL � i 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 ea3 that any work exhibited in the one and not in the other,shall be executed just as if it has been C:ISPECSISALTBLDG.frm April 12,1997 m ( S 1 . 1 Hsu set forth in both, in order that the work shall be completed according to the complete design of the Engineer. .j 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 tha 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 GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they F, differ from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES 0.+. 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 i.J 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 Bill 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, a shall be used. 1 a, 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 "11 tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT od 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. r The Project Representative assumes no direction of employees of the Contractor or r� Subcontractors and no supervision of the construction activities or responsibility for their C:%SPECSISALTBLDG.frm April 12,1987 f i safety. The sold duty of the Project Representative during the construction is to the City to ` f 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 ! r to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. 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 Contractor or by any of his employees shall be sufficient reason,if the City so decides,to annul the contract. i � Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided,and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered j by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. l The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. j All condemned work shall be promptly taken out and replaced by satisfactory work, and all ` 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 �i 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 f 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. h The Contractor shall furnish samples of testing purposes of any material required by the fEngineer, and shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Public Works will set construction stakes establishing lines,scopes,and continuous profile grade in road work,and center line and bench marks for culvert work,and T April 12,1997 C:%S PECS%SALTBLD G.rrm r 1 r I 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 properly located and established by base lines, offset stakes, bench marks,or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. -- GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and he found to be defective in shall replace at his own cost and expense any and all such material design or manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. ^mot The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER i 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. j 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. J' GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work,during its progress,a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics,tradesmen,and other employees necessary in the construction and execution of J 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. I April 12,1997 C:%S PECSISALTBLDG.frm d r� It is called particularly to the Contractor's attention that only first class workmanship will be I acceptable. :r'-1• GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed, the Police Department.a Fire Department, the and is closed to portion Services shall be notified prior to the closing. ^� through traffic,the Contractor i lappl applicable. Theboute off all detourslshall be approved by around the section of project _ the Director of Public Works. All detour signing shall conform to the"Manual on Uniform Traffic Control Devices". a street which the d urnderr thisrproject, the Contras or shalltmak the co f effort trust to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for It, GP-20 BARRICADES AND LIGHTS All streets,roads,highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shalublicphlachway or acceptable trreet on each S Barricades shall be located at the nearest intersecting p g 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 hprotection llrbte ctrovided w th s milar wpublic. rn nlg signstandllights. as material piles and equipment, p All barricades and obstructionhali ble kept bumingf from sunset t wsurnr sell night. All �r lights used for this purposes P upon or alongside public as to cause he minimum obstruction and inconvenience lltolnthe shall be so co . . traveling public. All barricades, signs, lights and other requirements,r tetvand shall be the maintained Manual of conformity with applicable statutory Uniform Traffic Control Devices. All necessary barricades,signs,lights and other protective — devices will be furnished, installed and emaintained payment ill the be Contractor. This work shall be subsidiary to the construction and no p Y ; GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES J Pipe lines and other existing underground installations and structures in the vicinity information the work i to be done hereunder are indicated on the the accurac according suchtinformation. The Contractor to the City. The City does not guarantee shall make every effort to locate pipe lines n advance ofd the texcavation. Y, contacting owners of underground utilities and by prospecting i .11 Any delays to the Contractor caused by pipe lines or other underground structures or W 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, J April 12,1997 C.1s PEMS ALTBLD G.rrrn r r l No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains,which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. Y 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 employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath,above,across or near the site or sites of the work,or other persons or property which are in any manner affected by the prosecution of the work. �J The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs,warning lights and guards as required to provide adequate protection or persons and property. �+ The Contractor shall give reasonable notice to the owner or owners of public or private 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. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor, without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation, claimed by the Contractor on account of emergency work,shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP y.j 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. �I GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials,employees, or agents,nor any April 12,1997 C:%SPECS%SALTBLDO.frrn f .. 1 ...'.. . ...„..............• .. .... .e..... .......... ... .... .......... ......__ ... ..... �.�...��.....a• FRS R order by the City for payment of money, or any payment for,or acceptance of,the whole or any part of the work by the City,nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. l GP-25 USE OF COMPLETED PORTIONS 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; I but such use and operation shall not constitute an acceptance of the work,and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL,OMITTED, OR CHANGED WORK The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship .! and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost,and not inconsistent with the purposes of the work. i Except for adjustments of estimated quantities for unit price work or materials to conform to ! t actual pay quantities therefor as may be provided for in the Special Conditions, all changes j and alterations in the terms or scope of the Contract shall be made under the authority of duly r y executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and I ordered in writing by the Engineer,which order shall state the location,character,amount, and A� method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer,and no claim for an addition to the Contract sum shall be valid unless so ordered. If the 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 r„ one or more unit price items of the Proposal, then such added work or part thereof shall be J paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise,such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done,such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: i 1. Credit due the Owner for Contract work not done as a result of an authorized change. C:ISPECSISALTBLD(3.frm April 12,1997 S I r i i I 2. Allowance to the Contractor for any actual loss incurred In connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15)days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. i The Owner reserves the right to contract with any person or firm other than the Contractor for I any or all extra work. The Contractor's attention is especially called to the fact that he shall r be entitled to no claim f for damages or anticipated profits on any portion of the work that may be omitted. llli _J Extra Work: (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-21. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum } j 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 1996, j GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten(10) days after the date fixed in the written notice from the Owner to the Contractor to do so. J. But if the work,or any part thereof,shall be stopped by the notice in writing aforesaid,and if I'. 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. Q1S PECSISALT8 LD G.rrm April 12,1997 i r 1 I GP-28 OWNER'S RIGHT TO DO WORK j If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract, the Owner,after ten(10)days written notice to the Contractor, may,without prejudice to any other remedy he may have,make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT r 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 p,3rsistently or repeatedly refuse or should fail,except in casos for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner —t 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 Jmethod he may deem expedient. In such case,no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services,such expenses shall be —a paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by 1 him, then the Contractor may, upon seven (7) days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done,of from the action of the 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 ••1 may be encountered in the prosecution of the said work,shall be sustained and borne by the Contractor at his own cost and expense. >� GP-32 SUNDAY,HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m.and 7:00 a.m.,nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of C:ISPECS%SALTBLDG.frm April 12,1997 d r ' i j emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City;such permission however,may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. _._ GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. ! No portion of the work shall be constructed under conditions which would affect adversely the ; quality or efficiency thereof,unless special means or precautions are taken by the Contractor I _ to perform the work in a proper and satisfactory manner. GP-34 OMITTED f GP-35 MATERIALS AND EQUIPMENT j Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new,unused,and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. ,i GP-36 DEFENSE OF SUITS t' In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed,or for the injury or damage caused by the negligence or alleged negligence of the i Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors,workmen, material men,or suppliers of machinery and parts thereof,equipment,power tools,and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. F GP-37 CHANGE ORDER ..� Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable discovered or occurring during the progress of the work. by unforeseen conditions or events �J GP-38 CONTRACT TIME { The time for the completion of the work is specified and it is an essential part of the contract. Q%SPECS%SALTBLDGJrrn April 12,1997 ..I J j ffjjrr � l ' I I I -�1 The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. 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 i 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 i the year. GP-39 CONTRACT TIME 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 to work due to causes beyond his control, he shall state his reasons in writing,furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the i above grounds shall be filed with the Engineer at the time the cause or causes occur and the i claim shall be filed in writing within 30 days after the claimed cause 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 P pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in 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 continue and finish the work or any part of it after the expiration of the specified time, or after any extension of the time,shall in no way operate as a waiver on the part of the City or any of its rights under the contract. •� GP-41 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or performed as determined by field measurement(except as may be hereinafter provided)at the unit price bid for the items listed CASPEC819ALTUDG.frm April 12,1997 All i I I I I In the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED 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) 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. �l (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City Engineer or inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. (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 w 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 S. 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. .J GP-43 CERTIFICATIONS .J GP-43.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of C:ISPECSISALTBLDG.frm April 12,1997 J j •..,•' i asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Public Works at least 24 hours before the product is to be used on the project. GP-43,2 The City, at its option,may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-44 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service, the I purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised is equal or better and the price quoted is the same or less. GP-45 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000, the City shall select products manufactured,assembled or produced in the United States, if quantity,quality, and price are equal. Every contract for public works construction or maintenance in excess of $5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-46 AWARD OF CONTRACT-REJECTION OF BIDS a, 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 J with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. ( The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to _j accept same. The bidder to whom an award is made will be notified at the earliest possible f' 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. , f GP-47 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS'CONTRACTS LAW Upon completion of project and prior to final payment, each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Public Works Department,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and J requirements of Section 290.290, RSMo (1993 Supp.), an act relating to Public Works .J contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. C:ISPEC3ISALTBlDO.frm April 12,199 i . 3 J t} I i GP-48 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri,which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures,only 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 I laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. i GP-49 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT I 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 extent that any liability is assessed against the City of Jefferson, Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional j expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions,whenever there is a period of excessive unemployment in Missouri,agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson,Missouri,because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS J C:ISPECSISALTBLOG.frm April 12,1997 �. J I � r G ...i~ SPECIAL PROVISIONS r� FORWARD: The provisions of this section take precedence over any other provisions i in these specifications. ; SPA 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 BUILDING CODES All construction pertaining to this project shall be In compliance with The BOCA National Building Code, Eleventh Edition, 1990" as published by the j Building Officials and Code Administrators International, Inc.and adopted as the Building Code of the City of Jefferson by Ordinance No. 11578,approved May 21, 1991. SP-3 PRE-CONSTRUCTION CONFERENCE 4�p, Prior to starting work,a pre-construction conference will be held to discuss the s, 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, the Utilities, and �.J representatives of any other affected agencies which the Owner may wish to invite. J ' The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-4 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290,340 inclusive of the Revised Statutes of Missouri,is a requirement of this contract. (Reference Section IB-20). 6 Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at F, the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. I C:ISPECSISALTBLDG.frm April 12,1997 ' .vL..;,✓,�i. .♦ .. yr./.,.r.:.:::.:tY. �..n....gym......,....ro............... A ' j SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent Is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition,when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. SP-6 PROTECTION OF ADJACENT PROPERTIES ` Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-7 CONSTRUCTION STAKING ` The City of Jefferson shall stake the corners of the proposed structure for J horizontal control and provide an on-site BENCH MARK for elevation control. SP-8 LOT PREPARATION All grading and site preparation prior to excavating of footings and foundation walls shall be the responsibility of the Jefferson City Street Division. All final grading,the installation of asphalt millings as base, the paving of the site with asphaltic concrete,and all other site work shall be the responsibility of the City of Jefferson upon completion of Salt Storage Facility by the Building "a Contractor. "J SP-J EXCAVATION Excavation for all footings and foundations shall be furnished by the contractor, , except in those areas where rock is encountered. Any rock that is encountered above the intended elevation of the bottom of the footings shall be the removed by the Jefferson City Street Division. Disposal of material excavated for the installation of the footings and foundations shall be the responsibility of the City of Jefferson. SP-10 TREATED LUMBER All dimensional lumber, including posts, planks, and beams furnished and used in the construction of this project shall be manufactured CCA treated, i grade No.2 or better. The grade,treatment type,and mill shall be stamped or indicated on each piece of lumber. C:IS PECS%SALTBLDO.frm J April 12,1997 I 7 J)"� SP-11 PLYWOOD SHEATHING ! All plywood(both 1/2"and 5/8") used in the construction of this project for roof decking or the interior lining of the storage bays shall be Exterior Type,Grade C-C Ext-APA. Application and installation shall be in accordance with recommendations of the American Plywood Association.The grade,type, and manufacturer of the material shall be stamped or indicated on each sheet or unit thereof. Plywood panels are assumed to be 48"x 96". SP-12 PLYWOOD CLIPS The roof sheathing shall be installed using 5/8"aluminum plywood clips on butt ' edge joints between each sheet where there are no purlins in which to nail the i sheathing to. Generally, one clip will be required between each purlin on sheathing joints that are at right angles to the purlins. " J SP-13 FRAMING SPLICES —i Support posts shall not be spliced. Purlin bearers and purlins shall be spliced only at those locations as indicated on roof framing plan. SP-14 GALVANIZING All fabricated steel angles and channels with welded bolts or anchors shall have two(2)coats of hot dipped galvanizing prior to installation. r P-15 FASTENERS All bolts, nuts, washers, lag screws and nails used shall be manufactured . galvanized. I JSP-16 ANGLE BRACKETS The angle brackets for anchoring and fastening the 6" x 6" posts to the �j concrete walls shall be recessed in the concrete to allow the post to be set ! J flush with the top of the concrete wall. SP-17 MINIMUM NAILING&FASTENING REQUIREMENTS J (a) All 1/2" and 5/8" Exterior Plywood sheathing shall be nailed 6" on centers along panel edges and 12" on centers on intermediate _J supports, except that when supports are spaced 48"on center or more, nails shall be spaced at 6"centers at all supports as recommended by t the American Plywood Association. Nails shall be galvanized ring shank or annular threaded shank. 6d(2") nails shall be used on 1/2" panels and 8d(21/2")nails shall be used on 5/8"panels (b) All 2" x 8" CCA treated trim boards that are to be installed on the t?a C:ISPECSISALTBLDG.frm April 12,1997 /lp exterior of the structure between the exterior support posts shall be fastened with four(4)equally spaced nails at each end and with three (3)equally spaced nails at the center of each trim board. Nails shall be ' 16d(3 1/2")galvanized ring or annular threaded shank. (c) All 2"x 10"CCA treated boards that are to be face nailed to the support posts shall be fastened with six (6)equally spaced nails at each end and at intermediate supports, except where beveled or tapered to conform to the slope of the roof structure. Nails shall be 16d (3 1/2") galvanized ring or annular threaded shank. (d) All 2" x 10"CCA treated boards that are to be end nailed to the roof purlins for bridging or for soffit look-outs shall be fastened with six(6) J equally spaced nails at each end . Nails shall be 16d (3 1/2") galvanized ring or annular threaded shank. _i (e) All lap splices shall have a minimum of two(2)rows of nails meeting the requirements of (b) or (c) above. All protruding nail points shall be j clinched. (f) All butt splices,which require a backer board for the splice shall require a minimum of four(4)rows of nails meeting the requirements of(b)or (c) above, providing that two (2) rows are in each of the board being spliced. All protruding nail points shall be clinched. (g) All roof purlins shall be attached to the purlin beams or carriers by the use of manufactured galvanized steel brackets specifically designed for the type and kind of connection. The steel brackets shall be fastened using the kind and number of fasteners as recommended by the manufacturer. SP-19 ROOFING SYSTEM i The roofing system shall consist of asphalt self-sealing shingles weighing at least 250 lbs. per square laid over an underlayment of asphalt impregnated roofing felt weighing 30 lb per square on a 5/8"plywood deck. FYj The felt underlayment shall be applied with a minimum of a 4"side lap and a i �.•JI minimum of a 2"top lap. Secure the underlayment to the decking with only a ! sufficient number of nails or staples to keep the wind from blowing the underlayment from the deck. �J The asphalt shingles shall be applied to the deck in accordance with the f raj manufactures recommendations for exposure and the number of nails per shingle. Use one (1) inch long aluminum or galvanized annular thread or barbed shank roofing nails for fastening the shingles to the deck. I Y� C:�SPECWSALTBLDGJrm April 12,1897 v f t_ T . t " SP-29 CONCRETE Jj All concrete shall be a commercial six(6)bag mix with seven(7%)percent air 1 entrainment.The minimum seven day compressive strength shall be 3000 psi. ; ^� Concrete forms shall be tight,smooth and free of defects and in good repair. All exposed comers or edges shall be chamfered or beveled by the installation of 3/4"strips in the forms prior to the placing of the concrete. ; Concrete shall be placed with a maximum slump of four(4) inches. If necessary ` concrete shall be placed by pumping.All concrete shall be consolidated by the use of mechanical vibrators. All form ties shall be of a type that can be broken off below the surface of the face of the wall,and the resulting pocket grouted or filled to produce a surface free of rust staining. Any honey-comb that might exist shall be grouted and cured. i J All exterior wall faces that will be visible shall be hand rubbed after correcting any surface defects and the filling of form tie pockets. i SP-21 REINFORCING STEEL All steel reinforcing rods shall be Grade 60 deformed epoxy coated. . SP-22 PAINT&FINISH COATINGS Painting and any special coatings are not included in the scope of the work. Any painting or coatings that may be required will be the responsibility of the City of Jefferson. r J J i 1 1 Q.1SPEWSALTBLD01rm April 12,1997 } a 1 z i t, ., � ,F,.n.ittrt-r::crx"a vxl;u-r-. .....�.M...........,.w.............M._.,... .......__..._ .. ... ... ._.. ........._....._...._,..._ t j t `. , t MrM t I • FM-24-1997 13:53 J[FF cirt PW Piti 573 &34 G45 P.01 Par 1 00 ` I � I ADDENDUM NO.1 PROJECT NO.32649 - CHEERY STREET SALT STORAGE FACILITY Aprli 24,11L997 t 1. The bidder will acknowledge receipt of this Addendum and his acceptance of its I Conditions by signing this Addendum and Including it with his bid. JBIDDER: TITLE: ^i CITY OF JEFFERSON, MISSOURI J MARTIN A. BROSE,P.E. DIRECTOR OF PUBLIC wORKS J , , , CB8PEC31$AI.TBLDO.inn April 12,19117 s I r .'t }. � M.M1.R'iGJ&Mkx•L•b' (v'JCIAY.+NR tY�• .M«.cw.. .... ...... ...._. r+µ(a•�>Irr�k v r t + R • I \ Pago 2 of 3 ADDENDUM NO.1 PROJECT NO.32049 -; CHERRY STREET SALT STORAGE FACILITY April 24, 1997 j 1. In reference to the statement on page 3 of 4 of the BID FORM and quoted as follows: "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", it is the intent of the specifications and contract documents as stated in I13-8 PRICES that only those taxes that are not covered in the purchase of goods and materials as provided for in the referenced section of the Information to Bidders shall be included in the price quoted. As stated in the Information to Bidders, the successful bidder will be directed to use the City's sales tax exemption in the purchase of goods and materials totaling over$500 from any one supplier. In order that the Contractor may do so,the City will authorize in writing and provide the necessary certificate and letter ! -- of authorization for the Contractor to purchase the required goods and materials for the specific project. 2. SP-10 TREATED LUMBER shall be amended to include the following paragraph:"The CCA pressure/protective treatment shall conform to AWPA standard C2 for soil contact applications. The presence of the AWPB quality mark LP22 shall be accepted as evidence of conformance to this specification." 3. SP-19 ROOFING SYSTEM shall be amended to read as follows: The roofing system shall consist of asphalt self-sealing shingles laid over an -i underlayment of asphalt impregnated roofing felt on a 5/8"plywood deck. The felt underlayment shall weigh at least 30 lb per square and shall be applied such that each successive row be applied with a minimum of a lap of one-half the width of Jthe roll. Side lap shall be a minimum of 4 inches.The underlayment shall be secured to the decking with only a sufficient number of nails or staples to keep the wind from blowing the underlayment from the deck. — The asphalt shingles shall be a 25 year three tab unit of asphalt/organic construction, _ weighing approximately 230 Ibs per square and meet the requirements of ASTM D- 225,Type III;D-3161,Type I; E-108 Class C. The shingles shall be applied to the deck in accordance with the manufactures recommendations for exposure and the number of nails per shingle. Use one(1)inch J long aluminum or galvanized annular thread or barbed shank roofing nails for fastening the shingles to the deck, J vy i J C:\SPECSISALTBLDG.frm April 12,1997 _—...«...,.vwnn:-.nq��"a°;., uwr.�.cw..a..w...-....q�..._-.,_-......-...».�.._...,._..____.._...._.,.._.......,._... �t r NA Pape 3 of 3 f ADDENDUM NO.1 } PROJECT NO.32049 r CHERRY STREET SALT STORAGE FACILITY April 24,1997 i 4. SP-20 CONCRETE shall be amended with reference to form ties as follows: All form ties shall be of a type that can be broken off at least one(1)Inch below the surface of the face of the wall. 5. Add this Special Provision: SP-23 BAY SEPARATION WALLS The 2"x 10"CCA treated bay separation walls shall be constructed to a uniform height of approximately 6 feet. Blocking at the top of the wall will not be required to close the { resultant space contained between the faces of the walls. i 5 4 / t . i f tr �� r rs s, �d•e r t. CASPEMSALTBLDUrm Aril 12 1997 P I • t { 4y a --..._.'Y'aRi1t,��'FG'+'8'=76BY+!`1RL`1.a..SC+.tsa•.nceN.*rns.r.. 'wn.x,a u .raw.,,.....>....,..,. »«......... .», ... ... t � a. - S .j. Lr t�}+ v,,u. Lr'W'*j' "M it r, ` .? �'F?'�y R, - !fir. p.,�y .�i...... w c tiJ s °11 rr *,' '+2'" t ,. 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F�a ^k,fi.id u y .r t:�, ,�,,,,� .{�,,,�lt t��F3• 1;t� 3�c • , } a t ' r.� r. 5 it � •: r ,..t i�, 7 ;,;.i+l' 4j :t.1�r,{7 ltd..?<.,:x1i�}-:n.�"�iti 3 r�tr Ytr,`::,:�.�tj+X�ei't'i;''t�'t•{,5s�'t1C�jt'fe}�'Y,�lsr'fYlrN:''4"t;4etjr t'`?r a�r�'E�� +S}'.j i���,6'rLf bi: "?. t}:t � !q +.j' t,� 1 i i N•� •.• •" ;� I N T E R MEMO O F F I C E ITo: Jim Hartley, Purchasing Agent From: Marty Brose, Director of Public Works Subject: Cherry Street Salt Storage Facility, Project No. 32049, Bid No. 1694 Date: April 30,1997 u i t Bids for the above referenced project were received and opened at 1:30 PM on Tuesday, i April 29, 1997. A tabulation of the bids received is attached hereto. Please be advised that the Department of Public Works recommends the acceptance of the bid for this project in the amount of$103,000.00 as submitted by Wisch and Vaughan Construction 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 accounts: Account No. Amount Available Amount Required :3 3500-9900-7350-6002 $98,000.00 (Street Facilities) $98,000.00 3500-9900.7350-3006 $146,750.00 (Storm Water Detention $5,000.00 Land Acquisition) TOTAL $103,000.00 cc: Rich Mays, City Administrator o Jr Central File I i V tt \ -r f .. � Y''1'.ri.".M.M c�+•Nk:'tmkx..»�e,..t...r �,!.,,>5...t.r..n•.,a.••<,,or,: w,.. .,.r..,.._.. ..........................,...�._.. ....... ... : ,, t \ \ i FINANCE DEPARTMENT •+ PURCHASING DIVISION SUBJECT:Bid 1694-Cherry Street Salt Storage Facility, Public Works Department Opened April 25, 1997 BIDS RECEIVED: Wisch& Vaughan Const. Co.,Jefferson City,MO $ 103,000,00 Verslues Const. Co.,Jefferson City,MO J.C.Industries, Inc.,Jefferson City,MO $ 104,627.00 $ 124,497.00 Don Schnieders Excay.,Jefferson City,MO $ 125,470.00 i FISCAL NOTE: Capital Improvements Street Facilities Storm Water Detention-Land Acquisition 3500-9900-7350-6002 3500-9900-7350-3006 0 Budget 96-97 $ 104,000.00 Budget 96-97 199,550,00 ended 6,000.00 Expended 52,800.00 Bid 1694 98-000-00 Bid 1694 t Balance $ _0_ 5-00000 Balance $ 141,750.00 1 PAST PERFORMANCE: Wisch and Vaughan Construction Company of Jefferson City, 1 r : Missouri has been awarded City projects in the past and has performed work satisfactorily RECOMMENDATION: It is the recommendation of staflto award to the lowest bid meeting ' specification,Wisch and Vaughan Construction Company, Inc. Of Jefferson City, Missouri in the amount of$103,000,00. ATTACHMENTS -SUPPORTING DOCUMENTATION Tabulation of Bids Signature: d /,� ; '/ - � hasin Agent epa ent Director !I t .�, i`N'+L`�."",i.Vt(tr. ♦.w-.,n'.e.,,.„,;,,... x,....ronn:,»a,:Ma.,rr..n..,•.,....w.,,».........,,w.,!„,..e,..«+wz...,...-...--...._,..._ r �xt ;i I ZO zA d�On .r m y� 00 {nA m �x �o 0 �< o �� mZ m mz o z z c� cn D �Z a y nO 0 r- O Z p oz ic p m p rn go sm a, mm m� r cn Z N z 1 = I I D� D> �x I x m � . z m < 1 �-1 o I �� z vm� c m o� � o to nDm� m OM sn a a O Z p p O 3 0 n v -I mw w m $D WO w Ja to 1D L) m D (7 C) m= xi°O i mz of I mq caN I �= ccjs �a 'nm 00 oc Om D 00 rr ran O Z N 'f vNi N CCZ 0 0 o C D Z t s t O A C O pOp C O p ( o O O O i m x z Cl) ma m C.)m O p ZW } r , -1 Z Log o , it `! !$ t+°wK+tk'�'f i'i+!;h'�,:',°+i'�`Y>nutv^IS Yvx.:ew•.. ..... x:<e.q+>n uckmY,a,���.tNam .. J i S' J J ,.4 f` S i {