HomeMy Public PortalAboutORD12484 }
w
f
I
BILL NO._ 96-43
SPONSORED BY COUNCILMAN Haake
ORDINANCE NO. I a2�1 g
I
� I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON
ASPHALT COMPANY, INC. FOR 1996 MILLING AND OVERLAY PROGRAM.
WHEREAS, Jefferson Asphalt Company, Inc., has become the apparent lowest and best
bidder on the Milling and Overlay Program;
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The bid of Jefferson Asphalt Company, Inc. is declared to be the lowest
and best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with Jefferson Asphalt Company, Inc.for Milling and Overlay Program.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed': Approved:_ /u
Presiding Officer Mayor
ATTEST: APPROVED AS TO FP
RM:
f
3 Cit 'lerk
Y it Cou s o '
f1.
y .I
j
'�y x1.�h1i,�..F�'a.,.riH��'.w t t 4 � i;tip'.: . . ..v.r ,.•'rx,v...,„i,v,.,,..,.,x .:s..,,,.,. .ntv.v.. .-..z..,,.v'"+ i:.
+ � l:�.x{i., nd•.M....{� Mtyi JF ' jr..
f
Bond 54-84554
CITY OF JEFFERSON
PERFORMANCE, PAYMENT AND GUARANTEE BOND
! KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned JEFFERSON ASPHALT
COMPANY, INC. , Route 2, 2207 Idlewood Road, Jefferson City MO 65101
- hereinafter, referred to as "Contractor" and UNITED FIRE & CASUALTY COMPANY, 118 '
Second Avenue, Southeast, P. 0. Box 73909,
I Cedar Rapids IA 52407-•3909 1-319/399-5700 a Corporation organized under the
laws of the State of Iowa
and authorized to transact business in the
_.,
State of Missouri as Surety, are held and firmly bound unto the
CITY OF JEFFERSON, MISSOURI hereinafter referred to as"Owner"
FOUR HUNDRED THIRTY—EIGHT THOUSAND TWO HUNDRED J
�:`° in the penal sum of /THIRTY—FIVE AND 34l 100----------------------------DOLLARS
(S 438,235.34-------------�, lawful money of the United States of America for the
payment of which sum, well and truly to be made, we bind ourselves and our heirs,
executors,administrators,successors,and assigns,jointly and severally by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT;
WHEREAS,the above bounded Contractor has on the day of j
19 entered into a written contract with the aforesaid Owner for furnishing all
materials, equipment,tools, superintendence, labor, and other facilities and accessories,
for the construction of certain improvements as designated, defined and described in the
said Contract and the Conditions thereof, and in accordance with the specifications and
plans therefore;a copy of said Contract being attached hereto and made a part hereof:
NOW THEREFORE, if the said Contractor shall and will, in all particulars, well, duly and
faithfully observe, perform and abide by each and every covenant,condition, and part of
the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and
other Contract Documents thereto attached or, by reference, made a part thereof,
according to the true intent and meaning in each case, and if said contractor shall replace
all defective parts, material and workmanship for a period of one year after acceptance by l'
the Owner,then this obligation shall be and become null and void;otherwise it shall remain
i in full force and effect.
� J
iI
T
t
. l
J
PROVIDED FURTHER,that if the said Contractor fails to duly pay for any labor, materials,
substances,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: i
-� PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and !'
agrees that no change, extension of time, alteration, or addition to the terms of the
J contract, or the work to be performed thereunder, or the specifications accompanying the
same, shall in any wise affect its obligation on this bond and it does hereby waive notice
of any change,extension of time, alteration, or addition to the terms of the contract, or to
the work, or to the specifications:
PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of
wages, as shown in the attached schedule, to any workman engaged in the construction
ii of the improvements as designated, defined and described in the said 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 said
Surety has caused these presents to be executed in its name, and its corporate seal to be
J hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at
i Kansas City, Missouri, on this the day of °
19 96 "
UNITED FIRE & CASUALTY COMPANY JEFFERSON ASPHALT COMPANY, INC.
{! S RETY COMPANY CONTRACTOR
' B (SEAL) BY (SEAL)
i Pat•cs J rimer, Missouri e
Resi t A nt ( ate Representative)
_ BY �zu,zv (SEAL) BY �L (SEAL)
Attar ey ' ct, Patsy J. Lorimer (State Representative)
(Accompany this bond with Attorney-in-fact's authority from the Surety Company certified
Jto include the date of the bond.) i
J
{
i
;; I• .
1
UNITED FIRE &-CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY x,
(Original on file at Home Office of Company - See Certification)
I
JW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing
—1••under the laves of the State of Iowa, and having its principal office in Cedar Rapids, Stale of Iowa, does make, constitute and
appoint PATSY J. LORIMER, OR KEVIN J. MCGREEVY, OR ERIC VAN BUSKIRK, OR J.
DOUGLAS JOYCE, OR LINDA L. NUTT, ALL OF KANSAS CITY, MO, OR LAWRENCE S.
KAMINSKY, LENEXA, KS, OR EUGENE A. KLEIN, OR THOMAS P. LATZ, OR THOMAS
M. ENGLISH, ALL OF OVERLAND PARK, KS, OR MICHAEL T. KELLY, OF PRAIRIE
VILLAGE, KS, ALL INDIVIDUALLY
of PO BOX 419013 KANSAS CITY MO 64141
its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all
lawful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted shall expire JANUARY 4th 1998 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the
Board.of Directors of the Company on April 18, 1973.
"Article V - Surety Bonds and Undertakings."
Section 2,Appointment of AnOmeyIn•Fact.'Tlxe President or any vice President,m any other officer of the Company,may,from time to lime,appoint
by written certificates attormysdn•facl to a7 in behalf of the Company in the execution of policies of Insurance,bonds,undertakings and other
obligatory instruments of like nature.The signature of any officer authorized hereby,and the Corporate seal,may be offiked by facsimile to any
�j powerat attorney w special power of attorney m certllicatlon of either authorized hereby,such signature and seal,when so used,being adopted by the
Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force
and effect as though manually affixed.Such altorneys•In•fact,subject to the limitations set forth In their respecllve certificates of authority shall have '
—� full power to bind the Company by their signature and execution of any such instruments and to attach the war of the Company lherato.The President
or any vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any altorneyin•fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents
,,Ntetrfr„e to be signed by its vice president and its corporate seal to be hereto affixed this
4th day of JANUARY A.D. 1996 al
�COIi'Ot1l1E
—� NZAL UNITED FIRE& CASUALTY COMPANY
eaMa OC }
1M111n
"
By
State of Iowa, County of Linn, ss: ice resi ant
On this 4th day of JANUARY 1996, before me personally came MAYNARD L. HANSEN
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a
Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above
Instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporated seal: that
It was so affixed-pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
pursuant to like authority, and acknowledges same to be the act and dead of said corporation.
r
V 2 A.DAVIS
J � p Notary Public
JUDITH A EIPIF10
a„. I My commission expires FEBRUARY 9 1997
�I CERTIFICATION
J 1, the undersigned*officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that 1 have compared the foregoing
copy of the Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said
Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is
now in full force and effect
In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said
Company this day of 19
AXAL
tOlfllfAlE��
� Secretary
-� UND 3267B (REV. 1-96)
J
t
f
u Rivergate Business Center • 600 Broadway,Suite 600
P.O.Sox 419013 • Kansas City,MO 64141-6013
816-842-4800 • FAX 816.472.5018
Thomas McGee, L.C.
INSURANCE AGENCY SINCE 1910 i
- June 21, 3.996
City of Jefferson
Department of Public Works
_i City Hall
Jefferson City MO 65101
Re: Project 32035
1996 Milling and Asphalt Overlay Program
Contract Price: $438,235.34
Contractor: JEFFERSON ASPHALT COMPANY, INC.
United Fire & Casualty Company Bond No. 54-84554
i
Please accept this letter as your authority to date the Bond and
Power of Attorney in connection with the captioned project.
` UNITED F & CASUALTY COMPAW
By: sy J. o er
a At me -in-Fact
Miss i Resident Agent (Missouri Representative)
/PL
{ cc: United Fire & Casualty Company
Attention: Contract Surety
P. O. Box 73909
j Cedar Rapids IA 52407-3909
1
4
r}
I {
I r
t l e
t �
1 i f IS tt' t
w r
c
t r
t
t
.,, t, ...__..-....,,,,'a,rerr,ZIIf4`f.H.''3ti�sx:rru.•.ttit.'.d::'!:.i:: ... �:lic». ..,tr:. r 7 �t. \ bj: ,*'t,'ig:�:,1�, '''t 7x+'jrtj't1'N='�;5, ar.i
? a ,.
1�
S It ,fir
t !,:
s
• 1
<, UNITED FIRE & CASUALTY COMPANY
' HOME OFFICE •- CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company -• See Certification)
i
�W ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing I
�i _rider the laws of the Slate of Iowa• and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and
appoint PATSY J. LORIMER, OR KEVIN J. N.CGREEVY, OR ERIC VAN BUSKIRK, OR J.
DOUGLAS JOYCE, OR LINDA L. NUTT, ALL OF KANSAS CITY, MO, OR LAWRENCE S.
KAMINSKY, LENEXA, KS, OR EUGENE A. KLEIN, OR THOMAS P. LATZ, OR THOMAS
M. ENGLISH, ALL OF OVERLAND PARK, KS, OR MICHAEL T. KELLY, OF PRAIRIE
_) VILLAGE, KS, ALL INDIVIDUALLY
Of PO BOX 419013 KANSAS CITY MO 64141
—' its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign. seal and execute in its behalf all
laviful bonds, undertakings and other obligatory instruments of similar nature as follows: ANY AND ALL BONDS
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
- The Authority hereby granted shall expire JANUARY 4th 1998 unless sooner revoked.
This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the
j
Board-of Directors of the Company on April 18, 1973.
'Article V - Surety Bonds and Undertakings."
Seetlon 2,Appointment of Allorneyan•Faet.-The President w any Vice President,cr any other officer of the company,may,from time to time,appoint
by written certificates attomeys•In•laq to act In behalf of the Company in the execution of policies of Insurance,bonds,undertakings and other
obligatory Instruments of like nature.The signature of any officer authorized hereby and the Corporate seal,may be aflbred by laaimile to any
Ixnverof attorney or special power of attorney or unification of either authorized hereby,such signature and seal,when so used,being adopted by the
Company is the original signature of such officer and the original seal of the company,to be valid and binding upon the Company with the same force
and effect as(hough manually affixed.Such anorneysin•lact,subject to the limitations set forth in their respective cenificates of authority shall have
full po"r to bind the Company by their signature and exewtion of any such Instruments and to attach the seal of the company hereto.The President .
or any Vice President,the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to
any stiorneyin•iacl.
IN WITNESS WHEREOF,the UNITED FIRE & CASUALTY COMPANY has caused these presents
to be signed by its vice president and its corporate seal to be hereto affixed this
4th day of JANUARY AD, 1996
' ••....1 �COtfOfA1E
88AL UNITED FIRE& CASUALTY COMPANY
�V•ans•pr / ^C�`� `
IMII\\ By
jIc'-e Preside nt -
State of Iowa, County of Linn, ss:
I J
On this 4th day of JANUARY 1996, before me personally came MAYNARD L. HANSEN
to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a
JVice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above
instrument: that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporated seal; that
it was so affixed•pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto
Pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
ma-c JUDITH A.DAVIS Notary Public
S �I� I My commission expires FEBRUARY 9 '1997
CERTIFICATION
the undersigned*officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing
COPY of the Power of Attorney and affidavit,and the copy of the Section of the BY-Laws of said Company as set forth in said i
.- ower of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct
ranscripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is
stow In full force and effect
Itry„r, In testimony whereof I have hereunto subcribed my name and affixed the corporate seal of the said
Company this 21st day of June, 19 96.
01101ATE
o SXAL
«ace Secretary
UND 3267B (REV. 1-96)
i 1
----ws•—.��•+u. .-�--.-�_.v-.•v..•w.�-�T_..-�-_._�-__-.�_._—� —._—�T.�_ ___..—_,_ _�_—_�- .- _.ter..,•.--...��r _��..-+.. a -_-. ____�. . _. - _-7
' s
r `g
r
CERTIFICATE OF INSURANCE ISSUE DA05M�DDm,
RoDN 11' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
yr� ter-Dent & Co. CONFERS NO RIGHTS UPON THE CEPTIFICATE HOLDER,THIS CERTIFICATE
DOES NOTAMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE
Box 1046;101 Bast McCarty POLICIES BELOW.
.'ferson City, MO 65102 COMPANIES AFFORDING COVERAGE
COMPANY A CONTINENTAL WESTERN INS CO
LETTER
DOMPANY INSURED B CONTIN811TAL WESTS NS CO
Jefferson Asphalt Company, Ina. COMPANY _
P O Box 104868 LETTER
C CONTINENTAL WESTB NS
Jefferson City, MO 65110-48C8
COMPANY J
COMPA D CONTINENTAL WESTB
I. =AY E CONTINENTAL WESTERN INS CO
I
COVERAGES';
i THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
j CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE APFORDED BY-THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
_J EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i
LTH TYPE OF INSURANCE POLICY HUMBER DATE POUCYEFFECTIVE POLICY
D TE FIRATIO LIMITS
A OENERALUABIUTY GENERAL AGGREGATE S 2,000,000
X COMMERCIAL GENERAL LIABILITY 9NA68-20 06101196 06101197 PRODUCTS-COMP/OP AGG. S 2,000,000
CLAIMS MADEOOCCUR PERSONAL B ADV.INJURY S 1,000,000
' OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S 1,000,000
I
Incl per job age FIRE DAMAGE(Any one lire) S 50,000
MED.EXPENSE(Anyone persony S
5,000
.'a» UT MOBILE LIABILITY
COMB
ANY AUTO 9NA68-22 06101196 06/01/9 LIMIT
7 NEDSINGLE f 1,000,000
LIMIT
�e,,,..0 ALLOWNEDAUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
1 X HIRED AUTOS BODILY INJURY
X NON-0WNED AUTOS (Per ottldenl) $
GARAGE LIABILITY
PROPERTYDAMAGE S
! C EXCESS UABILITY
EACH OCCURRENCE $ 1,000,000
X UMBRELLA FORM 9NA68-23 06101196 06101197 AGGREGATE S 1,000,000
OTHER THAN UMBRELLA FORM
WORNER'S COMPENSATION
STATUTORY LIMITS
AND
9.11A68-23 06101196 06/01/97 EACH ACCIDENT S 1,000,000
'
EMPLOYERS'LIABILITY
DISEASE-POLICY LIMIT $ 1,000,000
DISEASE-EACH EMPLOYEE is 1,000,000
FESCAIPTION
or's equipme 9NA68-50 06/01/96 06101197 Schedule on
file felt
Co.
ATIONS/LOCATIONSNEHICLES/SPEC IAL ITEMS
LDER CANCELLATION
.......
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
CITY OF JEFFERSON MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
320 BAST MCCARTY LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
JEPFSRSON CITY, MO 65102 LIABILITY 05 A14Y KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
T AUTHO7,g1SENTAT
/9D)
...:...................... .... ... .. .. .. ... ,
�ict5RD25a n
' ` 0 ACORD CORPORATION 1990
c `
• i
GENERAL PROVISIONS
FORWARD
The following Articles GP-1 through GP-46 are"General Provisions of the Contract", i
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
—j drawings, specifications, and engineering data which may be furnished by the
Contractor and approved by the Owner,together with such additional drawings which
may be furnished by the Engineer from time to time as are necessary to make clear
and to define in greater detail the intent of the specifications and drawings, are each
and all component parts to the agreement governing the work to be done and the
materials equipment to be furnished. All of these documents are hereby defined as the
Contract Documents.
The several parts of the Contract Documents are complementary, and what is called
for by any one shall be as binding as if called for by all. The intention of the Documents
is to include the furnishing of all materials, labor, tools, equipment and supplies
necessary for constructing complete and ready to use the work specified. Materials or
work described in words which so applied have a well known technical 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. i
J 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:
J Two with the Owner
One with the Contractor
GP-2 DEFINITIONS
lWherever 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
I
the meaning herein given:
"Contract" or "Contract Documents" shall include all of the documents
enumerated in the previous article.
{.
f.
i 2. "Owner", "City",or words"Party of the First Part", shall mean the party entering
�i into contract to secure performance of the work covered by this Contract and his
•, ' or its duly authorized officers or agents.
3. "Contractor" or the words "Party of the Second Part" shall mean the party
entering into contract for the performance of the work covered by this contract
and his duly authorized agents or legal representatives.
i
4. "Subcontractors"shall mean and refer to a corporation,partnership,or individual
having a direct contract with the Contractor, for performing work at the job site.
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 which the successful bidder's proposal is accepted by the City.
1 8. "Day" or "days", unless herein otherwise expressly defined, shall mean a
calendar day or days of twenty-four hours each.
9. "The work" shall mean the work to be done and the equipment, supplies and
materials to be furnished under this contract, unless some other meaning is
indicated by the context.
10. "Plans"or"drawings"shall mean and include all drawings which may have been
~� prepared by the Engineer as a basis for proposals, all drawings submitted by the
_f 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.
-1
J 12. Similarly the words "approved", "reasonable", "suitable", "acceptable",
"satisfactory"," "
properly", ry , or words of like effect and import, unless otherwise i
particularly specified herein, shall mean approved, reasonable, suitable, i
acceptable,proper or satisfacton, r the judgment of the City and Engineer.
If_:L'.
N k�
.f
r
I
13. Whenever any statement is made in these Contract Documents containing the
expression "it is understood and agreed" or any expression of the like import,
such expression means the mutual understanding and agreement of the
Contractor and the City.
14. "Missouri Highway Specifications"shall mean the latest edition of the "Missouri
Standard Specifications for Highway Construction" prepared by the Missouri
Highway and Transportation Commission.
�4
GP-3 THE CONTRACTOR
_ It is understood and agreed that the Contractor, has by careful examination satisfied
himself as to the nature and location of the work,the conformation of the ground,the
character, quality and quantity of the materials to be encountered,the character of the
-� equipment and facilities needed preliminary to and during the prosecution of the work,
the general local conditions,and all other matters which can in any way affect the work
under this Contract. No verbal agreement or conversation with any officer, agent or
employee of the City, either before or after the execution of this contract, shall affect
or modify any of the terms or obligations herein contained.
The relation of the Contractor to the City shall be that of an independent contractor.
GP-4 THE ENGINEER
The Engineer shall be the City's representative during the construction period and he
shall observe the work in process on behalf of the City by a series of periodic visits to
the job site. He shall have authority to act on behalf of the City.
The Engineer assumes no direction of employees of the Contractor or subcontractors
and no suPervision of the construction activities or responsibility for their safety. The
Engineer's sole responsibility during construction is to the City to endeavor to protect
defects and deficiencies in the work.
iAny plan or method of work suggested by the Engineer, or other representative of the
I 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 j
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
1 of the contract documents; (b) the payment of all bills and obligations arising from this
- contract which might in any manner become a claim against the City; (c) for the
payment to the City of all sums due or which may become due by the terms of the
Y
1 -7 j
contract, as well as by reason of any violation thereof by the Contractor; and for a
period of one year from and immediately following the acceptance of the completed
project by the City,the payment to the City of all damage loss and expense which may
occur to the City by reason of defective materials used, or by reason of defective or
improper workmanship done,in the furnishing of materials,labor,and equipment in the
performance of the said contract,
All provisions of the bond shall be complete and in full accordance with statutory
requirements. The bond shall be executed with the property sureties through a
company licensed and qualified to operate in the state and approved by the City. Bond
shall be signed by an agent resident in the state and date of bond shall be the date of
— execution of the contract.
.J
If at any time during the continuance of the contract the surety on the Contractor's bond
-� becomes irresponsible, the City shall have the right to require additional and sufficient
sureties which the Contractor shall furnish to the satisfaction of the City within ten (10)
days after notice to do so. In default thereof, the contract may be suspended, all
payments or money due the Contractor withheld, and the contract completed as
_J hereinafter provided.
GP-6 INSURANCE
.� GP-6.1 GEN_ ERAL;
The Contractor shall secure, pay for and maintain during the life of
insurance of such types and amounts as necessary to protect himself,andCthetCity,
'j against all hazards enumerated herein. All policies shall be in the amounts, form and
J companies satisfactory to the City.
i
The insuring company shall deliver to the City certificates of all insurance required,
I signed by an authorized representative and stating that all provisions of the following
specified requirements are complied with.
All certificates of insurance required herein shall state that ten (10) days written
will be given to the City before the policy is canceled or chaned)All certifications of
insurance shall be delivered to the City prior to the time that any operations under this
--� contract are started,
JAll of said Contractor's certificates of insurance shall be written in an insurance 1
J
company authorized to do business in the State of Missouri.
GP-6.2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY
INSURANCE i
r
(1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,
" including death, of not less than$1,000,000 per person and$100,000 per occurrence.
t
�....•.�.-.w t"71iiAr. r.r..i, ,y, ,. .1 " .. �.. �f4 . ... F ... � ?.h i . .• . • .
y
I
i
(2) Property Damage Liability insurance coverage for limits of not less than$1,000,000
• per one occurrence nor less than $1,000,000 aggregate to limit for the policy year, .
GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY &
PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE:
(COVERING OPERATIONS OF SUBCONTRACTORS)
(1) Contractors contingent policy providing limits of at least$100,000 per person and
$1,000,000 per occurrence for bodily injury or death.
n
(2) Property Damage Liability providing limits of at least$1,000,000 per occurrence
and$1,000,000 aggregate.
GP-6.4 CONTRACTUAL LIABILITY
Property Damage coverage with $1,000,000 aggregate limit.
-� GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE
i INSURANCE
j
The Contractor shall purchase and maintain Owner's Protective Liability and Propert y I
Damage insurance issued in the name of the Owner and the Engineer as will protect
both against any and all claims that might arise as a result of the operations of the
Contractor or his subcontractors in fulfilling this contract.
The minimum amount of such insurance shall be the same as required for Bodily Injury
Liability and Property Damage Liability Insurance. This policy shall be filed with the
Owner and a copy filed with the Engineer.
GP-6.6 EXCLUSIONS
� J
The above requirements GP-1.2, 1.3, 1.5 for property damage liability shall contain no
Jexclusion relative to:
(1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion
of this requirement on subject project.)
7
(2) Injury or destruction of property below the surface of the ground, such as wires,
conduits, pipes, mains, sewers, etc.,caused by the Contractor's operations. i
(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.
71
i...�..._, ^"+m...:•r,•",—.ri:;�—ic�,:sl:'iii.:,!{=.tr it'. r. ....t.,,r:,.,r..,..:r'. ,..,4,. . 1 �!
r t ,
f.
r. t
lP i
,
i
GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE
PROPERTY DAMAGE LIABILITY INSURANCE
Contractor shall carry in his name,additional assured clauses protecting City, Liability
Insurance with Bodily Injury or Death Limits of not less than $100,000 per person and
$1,000,000 per occurrence, and property damage limits of not less than$100,000 with
hired car and non-owned vehicle coverage or separate policy carrying similar limits.
The above is to cover the use of automobiles and trucks on and off the site of the
project.
j
GP-6.$ EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION
—� Employer's and Workmen's Compensation Insurance as will protect him against any
—, and all claims resulting from injuries to and death of workmen engaged in work under
this contract,and in addition the Contractor shall carry occupational disease coverage
with statutory limits,and Employer's Liability with a limit of$100,000 per person. The
—I
"All State"endorsement shall be included. j
J �
In case any class of employees is not protected under the Workmen's Compensation
Statute,the Contractor shall provide and cause such contractor to provide adequate
employer's liability coverage as will protect him against any claims resulting from
injuries to and death of workmen engaged in work under this contract. .
GP-6.9 INSTALLATION FLOATER INSURANCE
This insurance shall insure and protect the Contractor and the City from all insurable
risks of physical loss or damage to materials and equipment, not otherwise covered
under Builder's Risk Insurance, when in warehouses or storage areas, during
installation, during testing and until the work is accepted. It shall be of the"All Risks"
J type,with coverage designed for the circumstances which may occur in the particular
i work included in this contract. The coverage shall be for an amount not less than the
value of the work at completion, less the value of the material and equipment insured
under Builder's Risk Insurance. The value shall include the aggregate value of the City-
furnished equipment and materials to be erected or installed by the Contractor not
I otherwise insured under Builder's Risk Insurance.
Installation Floater Insurance shall also provide for losses, if any,to be adjusted with
and made payable to the Contractor and the City as their interests may appear.
If the aggregate value of the City-furnished and Contractor-furnished equipment is less i
than $10,000 such equipment may be covered under Builder's Risk Insurance,and if
so covered,this Installation Floater Insurance may be omitted.
i �
j
z
GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES
For the considerations in this agreement heretofore stated, in addition to Contractor's
~ other obligations,the Contractor assumes full responsibility for all loss or damage from
any cause whatsoever to any tools owned by the mechanics, any tool machinery,
equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-
contractors, material men or his or their employees; to sheds or other temporary
structures,scaffolding and staging,protective fences,bridges and sidewalk hooks. The
Contractor shall also assume responsibility for all loss or damage caused by, arising j
out of or incident to larceny, theft, or any cause whatsoever (except as hereinbefore I
provided) to the structure on which the work of this contract and any modifications,
alterations,enlargements thereto,is to be done, and to materials and labor connected
or to be used as a part of the permanent materials,and supplies necessary to the work.
—i GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES & CLAIMS
INDEMNIFYING CITY
The Contractor shall indemnify and save harmless the City and Engineer and their
officers and agents, of and from all losses,damages, costs,expenses,judgments, or
decrees whatever arising out of action or suit that may be brought against the City or
Engineer or any officer or agent of either of them, for or on account of the failure,
J omission, or neglect of the Contractor to do and perform any of the covenants, acts,
matters,or things by this contract undertaken to be done or performed,or for the injury,
death or damage caused by the negligence or alleged negligence of the Contractor or
his subcontractors or his or their agents, or in connection with any claim or claims
based on the lawful demands of subcontractors, workmen, material men, or suppliers
J of machinery and parts thereof, equipment, power tools and supplies incurred in the
J fulfillment of this contract.
GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE
Upon the occurrence of any event, the liability for which is herein assumed, the
Contractor agrees to forthwith notify the City, in writing such happening,which notice
shall forthwith give the details as to the happening, the cause as far as can be
ascertained,the estimate of loss or damage done,the names of witnesses,if any, and
stating the amount of any claim.
GP-7 ASSIGNMENT OF CONTRACT
i
The Contractor shall not assign or transfer this contract nor sublet it as a whole,without
the written consent of the City and of the Surety on the Contractor's bond. Such
J consent of Surety, together with copy of assignment, shall be filed with the City. No
assignment, transfer or subletting, even though consented to, shall relieve the
11 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.
{
F
k1 +
GP-8 SUBCONTRACTS PRINCIPAL MATERIALS& EQUIPMENT Ij
Prior to the award of the contract,the Contractor shall submit for approval of the City
1 a list of subcontractors and the sources of the principal items of materials and
equipment which he proposes to use in the construction of the project.
The Contractor agrees that he is as fully responsible to the City for the acts and i
omissions of his subcontractors and of person either directly or indirectly employed by H
them as he is for the acts and omissions or persons directly employed by him. Any
notices to the Contractor shall be considered as notice to any affected subcontractors.
Nothing contained in the Contract Documents shall create any contractual relation
between any subcontractor and the City.
No officer, agent or employee of the City, including the Engineer,shall have any power
or authority whatsoever to bind the City or incur any obligation in its behalf to any
subcontractor, material supplier or other person in any manner whatsoever, ;
i GP-9. OTHER CONTRACTS
The City reserves the right to let other contracts in connection with this work. The
Contractor shall afford other contractors reasonable opportunity for the introduction and
storage of their materials and the execution of their work, and shall properly connect "
-- and coordinate his work with theirs.
1 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
J 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
J work as fit and proper for the reception of his work, except as to defects which may j
develop in the other contractor's work after the execution of his work. I
_I 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.
? G112-10. LEGAL RESTRICTIONS, PERMITS AND REGULATIONS
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.
J ,
.1
f
I ,
GP-11. ROYALTIES AND PATENTS
..
It is agreed that all royalties for patents or patent claims, infringement whether such
patents are for processes or devices,that might be involved in the construction or use � •
of the work, shall be included in the contract amount and the Contractor shall satisfy l
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
i payment to the Contractor by the City will not be made while any such suits or claims }
i -- remain unsettled. A
GP-12. SCOPE AND INTENT OF SPECIFICATIONS AND PLANS
j 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 that any work exhibited in the one and not in the other, shall be executed just
as if it has been set forth in both, in order that the work shall be completed according
J to the complete design of the Engineer.
Should anything be omitted from the Specifications and Plans which is necessary to a
clear understanding of the work,or should it appear various instructions are in conflict,
then the Contractor shall secure written instructions from the Engineer before
proceeding with the construction affected by such omissions or discrepancies. It is
understood and agreed that the work shall be performed and completed according to
i the true spirit, meaning and intent of the contract, specifications and plans. .
.I GP-12.2 FIGURED DIMENSIONS TO GOVERN
—1 Dimensions and elevations shown on the plans shall be accurately followed even
— though they differ from scaled measurements. No work shown on the plans, the
dimensions of which are not indicated shall be executed until the required dimensions r
_j have been obtained from the Engineer.
GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES
The Contractor shall check all dimensions, elevations and quantities shown on the
plans,and schedules given to him by the Engineer, and shall notify the Engineer of any
discrepancy between the plans and the conditions on the ground, or any error or
omission in plans,or in the layout as given by stakes,points,or instructions,which he
may discover in the course of the work. The Contractor will not be allowed to take
advantage of any error or omission in the plans or contract documents, as full
4�. ! 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.
--No=
_J
t
r
The apparent silence of the Plans and Specifications as to any detail or the apparent
omission from,them of a detailed description concerning any point, shall be regarded
as meaning that only the best general practices, as accepted by the particular trades
or industries involved, shall be used.
7 GP-12.4 STANDARD SPECIFICATIONS
i
Reference to standard specifications of any technical society, organization or
association, or to codes of local or state authorities, shall mean the latest standard,
code, specification, or tentative specification adopted and published at the date of
taking bids, unless specifically stated otherwise.
GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT
The City may appoint or employ such "Construction Representative"as the City may
deem proper, to observe the work performed under this Contract, to the end that said
work is performed, in substantial accordance with the plans and specifications therefor.
The Project Representative assumes no direction of employees of the Contractor or
Subcontractors and no supervision of the construction activities or responsibility for
their safety. The sold duty of the Project Representative during the construction is to
the City to endeavor to protect against defects and deficiencies in the work.
The Contractor shall regard and obey the directions and instructions of the Construction
Representative so appointed,when the same are consistent with the obligations of this
`.� contract and the specifications therefor, provided, however,that should the Contractor
-1 object to any order given by the Construction Representative,the Contractor may make
J written appeal to the Engineer for his decision.
The Construction Representative and other properly authorized representatives of the
City 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
i
sufficient reason, if the City so decides, to annul the contract. j
J
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 i
} City,whenever so ordered by the Engineer,without reference to any previous oversight
in observation of work. Any defective material or workmanship may be rejected by the
Engineer at any time before the final acceptance of the work, even though the same
may have been previously overlooked and estimated for payment.
The Construction Representative shall have no authority to permit any deviation from
the plans and specifications except on written order from the Engineer, and the
Contractor will be liable for any deviation except on such written order.
I1]
( � 4
r
r
i
v
All condemned work shall be promptly taken out and replaced by satisfactory work,and j
' all condemned materials shall be promptly removed from the vicinity of the work.
Should the Contractor fail or refuse to comply with instructions in this respect the City
may, upon certification by the Engineer, withhold payment or proceed to terminate
contracts as herein provided.
Reexamination of questioned work may be ordered by the Engineer, and if so ordered i
—' 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
accordance with the Contract Documents, M ;
; replacement. If such work be found not in ..
the Contractor shall pay such cost, unless he shall show that defect in the work was
caused by another contractor of the City and in that event the City shall pay such cost.
i
The Contractor shall furnish samples of testing purposes of any material required by
the Engineer, and shall furnish any information required concerning the nature or
source of any material which he proposes to use.
-� GP-14 LINES AND GRADES
The Department of Public Works will set construction stakes establishing lines,scopes,
—1 and continuous profile grade in road work,and center line and bench marks for culvert
work, and appurtenances as may be deemed necessary, and will furnish the
Contractor,with all necessary information relating to lines, slopes, and grades,to lay
out the work correctly. The Contractor shall maintain these lines,grades,and bench
imarks 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, marks, basic points Contractor's Construction
the expene.
Rep reentative my e ordered removed and replaced t
. J �
i
f
i
111
i
r
GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS
The Contractor shall be responsible for the condition of all materials furnished by him,
and he shall replace at his own cost and expense any and all such material found to
be defective in design or manufacture,or which has been damaged after delivery. This `
Includes the furnishing of all materials and labor required for replacement of any
installed materials which is found to be defective at any time prior to the expiration of
one year from the date of final payment.
The manufacturer of pipe for use on this project shall certify in writing to the City that
all materials furnished for use in this project do conform to these specifications.
Whenever standard tests are conducted, he shall forward a copy of the test results to
I the City.
i
GP-16 WATER
All water required for and in connection with the work to be performed shall be provided
by the Contractor at his sole cost and expense.
GP-17 POWER
i
l; J 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.
1
GP-18 SUPERINTENDENCE AND WORKMANSHIP
The Contractor shall keep on his work,during its progress,a competent superintendent
J 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
i workmen, mechanics,tradesmen, and other employees necessary in the construction
and execution of the work contemplated and outlined herein. The employees of the
—� Contractor shall be competent and willing to perform satisfactorily the work required of
them. Any employee who is disorderly, intemperate or incompetent or who neglects
or refuses to perform his work in a satisfactorily manner, shall be promptly discharged.
It is called particularly to the Contractor's attention that only first class workmanship will
be acceptable.
i
j
i
1:
s
ti t ,i.Kf ,Ii
f:
1
i
1
GP-19 MAINTENANCE OF TRAFFIC
Whenever any street is closed, the Police Department, Fire Department, and
^� Ambulance Services shall be notified prior to the closing. When a portion of the project
is closed to through traffic, the Contractor shall provide proper barricades and shall
mark a detour route around the section of the project if applicable. The route of all
detours shall be approved by the Director of Public Works. All detour signing shall
conform to the"Manual on Uniform Traffic Control Devices".
I Throughout the project,wherever homes are served directly from a street or portion of j
a street which is to be reconstructed under this project,the Contractor shall make every
-. effort to provide access to each home every night. This work shall be subsidiary to the
construction and no direct payment will be made for it.
GP-20 BARRICADES AND LIGHTS
All streets, roads,highways,and other public thoroughfares which are closed to traffic
shall be protected by means of effective barricades on which shall be placed i
i acceptable warning signs. Barricades shall be located at the nearest intersecting public
highway or street on each side of the blocked section.
J All open trenches and other excavations shall be provided with suitable barriers, signs,
and lights to the extent that adequate protection is provided to the public. Obstructions,
such as material piles and equipment, shall be provided with similar warning signs and
J lights.
j + All barricades and obstructions shall be illuminated by means of warning lights at night.
All lights used for this purpose shall be kept burning from sunset to sunrise. Materials
stored upon or alongside public streets and highways shall be so placed,and the work .
r at all times shall be so conducted, as to cause the minimum obstruction and
inconvenience to the traveling public.
_ All barricades, signs, lights and other protective devices shall be installed and
I maintained in conformity with applicable statutory requirements,and in conformance
with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs,
lights and other protective devices will be furnished, installed and maintained by the
Contractor. This work shall be subsidiary to the construction and no direct payment will
' be made for it. I
GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES
? Pipe lines and other existing underground installations and structures in the vicinity of
the work to be done hereunder are indicated on the plans according to the best
information available to the City. The City does not guarantee the accuracy of such
information. The Contractor shall make every effort to locate all underground pipe
I lines, conduits and structures by contacting owners of underground utilities and by
prospecting in advance of the excavation.
4
t
F ,
Any delays to the Contractor caused by pipe lines or other underground structures or
obstructions not shown by the plans, or found in locations different than those
•, indicated,shall not constitute a claim for extra work, additional payment or damages.
No payment will be made to the Contractor for locating and protecting utilities and
7 cooperating with their owners, and any damages caused to the utilities by the
i 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 i
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
7 Contractor's expense.
_J
GP-22 PROTECTION OF WORK AND PROPERTY
J 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
J all public and private property including structures,sewers and utilities above and below ry,
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.
-� 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. ,
j The Contractor shall give reasonable notice to the owner or owners of public or private
J property and utilities when such property is liable to injury or damage through the
performance of the work, and shall make all necessary arrangements with such owner
or 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 y'
y 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. i
The Contractor agrees to hold the City harmless from any and all loss or damages
arising out of jurisdictional labor disputes or other
occur during the construction or performance of this contract.
ont acbles of any kind that may
��_� ,.:�': .. . � . ., •. ..,• ... . . . .• , . . . • { �: .try, �...:,.:•C
L
}
a
GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP
The Contractor hereby guarantees the work in connection with this contract against
faulty materials or poor workmanship during the period of one (1)year after the date
Of completion of the contract.
I GP-24 NO WAIVER OF RIGHTS
Neither observation of work by the City or any of their officials, employees,or agents,
nor any order by the City for payment of money,or any payment for,or acceptance of,
the whole or any part of the work by the City, nor any extension of time, nor any
I possession taken by the City or its employees, shall operate
provision of this contract, or of any power herein reserve to the City, oraany 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.
GP-25 USE OF COMPLETED PORTIONS
i �
-1 If desired by the City, portions of the work may be placed in service when completed
or partially completed and the Contractor shall give proper access to the work for this
purpose; but such use and operation shall not constitute an acceptance of the work,
and the Contractor shall be liable for defects 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 CHANG
_ ED 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 t
to be adjusted accordingly. All such work shall be executed to the same standards of
workmanship and performance as though therein included.
I 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 actual pay quantities therefor as may be provided for in the Special
Conditions, all changes and alterations in the terms or scope of the Contract shall be
made under the authority of duly executed change orders issued and signed by the
Owner and accepted and signed by the Contractor. All work increasing the cost shall
be done as authorized by the Owner and ordered in writing by the Engineer, which
order shall state the location, character, amount, and method of compensation. No
additional or changed work shall be made unless in pursuance of such written order by
the Engineer,and no claim for an addition to the Contract sum shall be valid unless so
ordered.
A �;
- 7
If the modification or alteration increases the amount of work to be done,and the added
�t work or any part thereof is of a type and character which can be properly and fairly
•:<° classified under one or more unit price items of the Proposal, then such added work or i
part thereof shall be paid for according to the amount actually done and at the
applicable unit price or prices therefor. Otherwise,such work shall be paid for as"Extra
Work as hereinafter provided in this Article GP-26.
1 �
I
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:
1. Credit due the Owner for Contract work not done as a result of an authorized
j change.
Ij 2. Allowance to the Contractor for any actual loss incurred in connection
purchase,delivery and subsequent disposal of materials or equipmnt required
for use on the work planned and which could not be used in any part of the work
as actually built.
j 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
days after the completion of each assignment of extra work and if found correct will be
approved by the Engineer and submitted for payment with the next regular monthly
estimate.
The Owner reserves the right to contract with any person or firm other than the
—1 Contractor for any or all extra work. The Contractor's attention is especially called to
the fact that he shall be entitled to no claim ford
Jportion of the work that may be omitted. amages or anticipated profits on any
Extra Work:
-� (a) The term"Extra Work"shall be understood to mean and include all work that may
I
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.
1 J (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
I performing extra work shall be determined by one or more of the following methods:
J
t
{
Y'
1. Method A: By agreed unit price
,.,. ...✓ 2. Method B: By agreed lump sum
4
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 1986,
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
i
Contractor to do so.
But if the work, or any part thereof,shall be stopped by the notice in writing aforesaid, j
and if the Owner does not give notice in writing to the Contractor to resume within a i
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.
GP-28 OWNER'S RIGHT TO DO WORK
If the Contractor should neglect to prosecute the work properly or fail to perform any
provision of this contract,the Owner,after ten (10)days written notice to the Contractor,
i 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. i
GP-29 OWNER'S RIGHT TO'TERMINATE CONTRACT j
If the Contractor should be adjudged a bankrupt, or if he should make a general
1 assignment for the benefit of his creditors, or if a receiver should be appointed on
account of his insolvency,or if he should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to supply enough properly I
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
i J provision of the Contract, then the Owner may,without prejudice to any other right or
remedy and after giving the Contractor seven (7) days written notice, terminate the
employment of the Contractor and take possession of the premises and of all materials, 1
tools, and appliances thereon and finish the work by whatever method he may deem
expedient.
Imo/f
..!{� .u;` 2,"..✓ i .:;r,. -i. ,. � :,-[ .J. .i-� f ' tt ' ,yl 'i ,it Y (� C, i ...
r.;
u '
1
�L.
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,
isuch expenses shall be paid to the Contractor. If such expense shall exceed such
unpaid balance, the Contractor shall pay the difference to the Owner.
GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE
J CONTRACT
If the work should be stopped under an order of any court,or other public authority,for
a period of three months, through no act or fault of the Contractor or of anyone
employed by him,then the Contractor may, upon seven (7) days written notice to the
Owner and the Engineer, stop work or terminate his contract and recover from the
Owner payment for all work executed and any loss sustained upon any plant or
materials and reasonable profit 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 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 emergencies or for the protection of equipment or finished work may be done
without the City's approval.
i
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
f 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 portiion of the work shall be constructed under conditions which would
J affect adversely the quality or efficiency thereof, unless special means or precautions
are taken by the Contractor to perform the work in a proper and satisfactory manner.
I
~ GP-34 OMITTED
. �........-^—•-.--...,wvr.K>ne'1.":ldx.`-'i°•i:i'I i:, ., ' :;I -.i••�;`<, V .V ' ' }}
•� E•
• J
GP-35 MATERIALS AND EQUIPMENT
I h '
Unless specifically provided otherwise in each case, all materials and equipment
furnished for permanent installation in the work shall be new, unused,and undamaged
- ' when installed or otherwise incorporation in the work. No such material or equipment
shall be used by the Contractor for any purpose other than that intended or specified,
unless such use is specifically authorized by the Engineer in each case.
GP-36 DEFENSE OF SUITS
In case any action at law or suit in equity is brought against the City or any officer or A
agent of them for or on account of the failure, omission,or neglect of the Contractor to
1 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
jnegligence or alleged negligence of the Contractor or his subcontractors or his or their
1 agents, or in connection with any claim or claims based on the lawful demands of
J 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
I out of such action or suit that may be brought as aforesaid.
GP-37 CHANGE ORDER
Any changes or additions to the scope of work shall be through a written order from the
Engineer to the Contractor directing such changes in the work as made necessary or
desirable by unforeseen conditions or events discovered or occurring during the
progress of the work.
I _l GP-38 CONTRACT TIME
The time for the completion of the work is specified and it is an essential part of the
contract. The Contractor will not be entitled to any extension of contract time because
of unsuitable weather 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 for six (6) hours or over unless other unavoidable conditions
prevent the Contractor's operation. If conditions are such as to stop work in less than
six(6) hours,the day will not be counted as a working day.
No working days will be counted from December 15 to March 15,both dates inclusive.
Saturdays, Sundays,and City holidays will not be counted as working days any time
during the year.
J
; �t _•_._...,...na'....aJ - i.:4Z .,.1---..: .,'.1 '',y;, ...5 t` �:h' �. � t 7 if Z j{L1 .
l
s
GP-39 CONTRACT TIME EXTENSION
m
The EngineerV may ake allowance for time lost due to causes which he deems
KKj 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 above grounds shall be filed with
+ the Engineer at the time the cause or causes occur and the claim shall be filed in
writing within 30 days after the claimed cause for the delay has ceased to exist. "
i
GP-40 LIQUIDATED DAMAGES r
Time is an essential element of the contract and it is therefore important that the work
be pressed vigorously to completion. Should the Contractor or in case of default the
surety fail to complete the work within the time specified in the contract,or within such
extra time as may be allowed in the manner set out in the preceding sections, a
deduction of an amount as set out in the contract will be made for each day and every
{ calendar day that such contract remains uncompleted after the time allowed for the
completion. The said amount set out in 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
J 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.
J
GP-41 MEASUREMENT AND PAYMENT
(a) BASIS FOR PAYMENT
I Contractor will be paid for quantities actually constructed or performed as determined
_f by field measurement(except as may be hereinafter provided)at the unit price bid for
t the items listed in the schedule of the Bid or for such extra work as may be authorized
and approved by the Engineer. The cost of incidental work not listed in the schedule
of the Bid 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
Jwas not done in accordance with the Contract, an equitable deduction from the
Contract price shall be made therefore.
'+l J
s
(c) LUMP SUM ITEMS
t .
` Payment for each lump sum item shall be at the lump sum bid for the item,complete
in place, and shall include the costs of all labor, materials, tools, and equipment to
construct the item as described herein and to the limits shown on the plans.
(d) PARTIAL PAYMENT
Partial payment will be made on a monthly basis. The payment shall be based on the I
j work that has been found generally acceptable under the contract by the City Engineer ri .
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,
j the Engineer will promptly make such inspection, and when he finds the work
{ acceptable under the Contract and the Contract fully performed he will promptly issue
a final certificate, over his own signature,stating that the work required by this contract
has been completed and is acceptable by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the retained
i 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
i 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. ,
u GP-42 RELEASE OF LIABILITY
i
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
- j to the Contractor for anything done or furnished for, or relating to the work,or for any
act or neglect of the Owner or of any person relating to or affecting the work.
-, GP-43 CERTIFICATIONS
GP-43.1 All suppliers of materials such as drainage pipe or handrail and all
suppliers of asphaltic concrete or 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.
J •
_ t
t
i
ia!
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
I
In making purchases or in letting contracts for the performance of any job or service,
the purchasing agent shall give preference to all firms,corporations or individuals which
maintain offices or places of business within the corporate limits of the City of Jefferson,
when the quality of the commodity or performance promised is equal or better and the
price quoted is the same or less.
' GP-45 PREFERENCE FOR U.S. MANUFACTURED GOODS
-� On purchases in excess of $5,000, the City shall select products manufactured,
yi 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
J
All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms
for all subcontractors and suppliers who the contractor intends to use on the project.
Compliance with this requirement and the Minority Business Enterprise Program shall
be a consideration for award of this contract.
The contract will be awarded to the lowest and best responsible bidder on the base bid
proposal, complying with the conditions of the Advertisement for bids and
Specifications, providing the bid is reasonable and it is in the interest of the City of
Jefferson, Missouri to accept same. The bidder to whom an award is made will be
notified at the earliest possible date. The City of Jefferson, however, reserves the
i 1 right to reject any and all bids and to waive all informalities in bids received whenever
-J such rejection or waiver is in their interest.
GP-47 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS
LAW
Upon completion of project and prior to final payment, each contractor and
1
subcontractor hereunder shall file with the City of Jefferson, Missouri, Public Works
_1 Department,an affidavit stating that the contractor or subcontractor has fully complied
with the provisions and requirements of Section 290.290, RSMo (1993 Supp.),an act
relating to Public Works contracts. The City of Jefferson shall not issue a final payment
until such affidavit is filed.
t
r
t
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 I.
Works Director of the City of Jefferson, Missouri. Nor does this provision apply to
regularly employed non-resident executive, supervisory or technical personnel or
projects where federal aid funds are being utilized in the act and this provision would
conflict with any federal statute, rule or regulation.
Laborers from non-restrictive states means persons who are residents of a state which
has not enacted state laws restricting Missouri laborers from working on public works
{ projects in that state, as determined by the Missouri Labor and Industrial Relations
Commission. A Missouri laborer means any person who has resided in Missouri for at
least thirty (30)days and intends to become or remain a Missouri resident.
GP-49 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS
—^� LAW AND MISSOURI LABORER REQUIREMENT
In the event a contractor or subcontractor hereunder files with the City of Jefferson an
affidavit stating that the contractor or subcontractor has fully complied with the
provisions and requirements of Section 290.290, RSMo (1993 Supp.),when in fact the
contractor or subcontractor has not complied,to the extent that any liability is assessed
against the City of Jefferson,Missouri,or any additional expenses are incurred by the
City of Jefferson, Missouri, any contractor making the false statement, or whose
subcontractor makes a false statement, shall hold harmless and indemnify the City for
any liability assessed against it or any additional expenses incurred.
Any contractor who fails to comply with the requirements of hiring only Missouri laborers
or laborers from non-restrictive states,absent statutory exceptions, whenever there is
a period of excessive unemployment in Missouri, agrees to hold harmless and
indemnify the City of 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.
J
j
i
x Ili '
r
a.
f
SPECIAL PROVISIONS
Y
i SP-1 Advance Notice
1, h
The Department of Public works shall be notified at least forty-eight (48)
hours in advance of the start of construction.
i
SP-2 Sequence of Operations
The milling,crack sealing, reflective crack control and overlay operations
will be sequenced to minimize the inconvenience to the traveling public. ,
The contractor will not be permitted to place any final surface course until
the base widening,the leveling course and the binder course have been
completed throughout the entire combination of sections, unless
i �j otherwise authorized by the Department of Public Works. The proper
condition of the base widening, the level course, and the binder course
at the time of placing the surface course, shall be the Contractor's
responsibility.
I
SP-3 Surfaced Approaches
At locations designated in the contract or as directed by the Department
of Public Works, approaches are to be primed in accordance with the
specifications and surfaced with Type C asphaltic concrete. Approaches
shall not be surfaced until the surface course adjacent to the entrance is
completed. No direct payment will be made for any work required to
condition and prepare the subgrade on the approaches.
SP-4 , Pavement Repairs �...
A blow-up will be considered that area where excessive expansion has
resulted in distress to the existing pavement. Blow-ups occurring prior to
J the application of the tack coat on the existing surface will be repaired by
the City of Jefferson or the County of Cole. Blow-ups occurring after the
application of the tack coat shall be repaired by the Contractor,
i
SP-5 Surface Preparation
The City of Jefferson or the County of Cole shall be responsible for the .
preparation of streets to include removal and replacement of any soft
spots with asphaltic concrete.
.. _....__-.,,,,•vuu>xvlk'��F�'bi ��i;t,i. i:`-.F.r,,`p:i r " , `
..r
—77. i
dro
M OMNI=
i '
i t,
t
'A
SP-6 Traffic Control
` The streets under this project shall be kept open to traffic at all times
unless permission is obtained from the engineer to close said streets.
City of Jefferson:
Necessary flagmen, barricades, warning signs, and cones shall be
provided by the contractor in accordance with the MUTCD, and no
additional compensation will be allowed,
County of Cole:
The County of Cole shall assist the Contractor by
and personnel when required to control traffic. The Contractor shall be f
required to make available those informational bulletins which are
normally used to inform the public.
• -`• SP-7 Track Type Paving Equipment ,
I
The Department of Public Works reserves the right to require a track type I .
paver should it deem it necessary.
SP-8 Disposal of Millings
The City will supply a number of dump trucks and qualified drivers to
j accept the asphalt cuttings for all work done in the City of Jefferson. The
I contractor shall load cuttings onto the dump trucks provided. All
materials removed by the planing machine will be the property of the City.
The Contractor may be required to supply additional dump trucks and
qualified drivers. If such work is required it shall be paid for at the unit
price bid.
i,
SP-9 Purchase of Asphalt Millinqs from City of Jefferson
Should the contractor desire, he may bid on obtaining asphalt millings
produced by the milling in the City of Jefferson. Asphalt millings will be
bid per ton delivered inside the city limits. The bidder must have a
suitable scale available at or on route to the dumping site. Materials may
be hauled as they are milled from the pavement, and the bidder must be
prepared to take delivery at that time.
do
{
.J
".::t ,�,, •fir
I• 3 " ".;,t,•F t ,,.-.,, t..;i �� .;r3' tY1 tc .„;Z�'tar ^�tt='t.� tats 4'
Should the bidder desire delivery outside the city limits, additional
arrangements must be made. Any costs incurred by the city over and
above the costs of delivery inside the city limits must be reimbursed by
the purchaser. i
'1 Should the City of Jefferson elect to make the materials available,the bid
- shall go to the highest bidder regardless if that bidder gets the milling and
i
overlay contract.
SP-10 Cooperative Procurement
The City of Jefferson has entered into cooperative p purchasing
agreements with the County of Cole and the Jefferson City Housing
I Authority. Cole County and/or the Jefferson City Housing Authority may
or may not request an unknown quantity of goods or services under this
' bid or resulting agreement period at the same prices, terms and
conditions stated herein.
-� It is understood and agreed that each participating political subdivision
_ will make its own separate contract with the successful bidder,that each
J participating political subdivision shall only be liable to the successful
bidder for materials or supplies contracted for by such political
subdivision, and each successful bidder shall be required to bill each
participating political subdivision directly for the materials or supplies
purchased.
In the event of any dispute between a political subdivision and a
'? successful bidder arising after a contract of purchase has been executed,
such dispute shall be handled by and between the particular political
j subdivision affected and the contractor.
i
SP-11 Certification of Bituminous Mixlna Plant
The bituminous mixing plant used in the production of the bituminous
paving materials to be utilized for this project shall meet the specifications
in Section 404 of the 1993 MHTD Specifications.
Only plants that have been certified to produce paving materials for the
use in MHTD projects or projects requiring the same type of certifications
may be used. The City or the county will require documentation or
r I calibration of the mixing plant.
1
.5
3 7 f
4 t
r -p.
r. SPA 2 Pre-bid Conference
A pre-bid conference will be held at 10:00 a.m,on Wednesday,June 12,
1996 in the lower conference room of the John G. Christy Municipal
Building (City Hall), 320 East McCarty Street, Jefferson City, Missouri.
All prospective bidders are urged to attend.
� t
t I �
J
t t
j
JJJ 7 f 'l
J
3 t � i � • I !1
f.' 't
I ,
I r,
r
tt :
t i
I!
}y.: � � 5.•r s: r � a } .
!t
,y �..t 1 �' •-�•....+n t+ .0-. ,�iqf `M V.=•,.'J. '.'rXYfSi; s ..t,.,�..G.z.. ! �t �t /_:t� �,;t-T'I;`�t„rR'S,'"?:'�TJt`�1f•�t i� *1 �rt�L
r
.r' r .',^wq+ <.:xhX`✓iS � t'�.!� � ti y G�� i¢I :a d w .y 'S7 �tirr.:.rs. r a:'7` f t y,a• L aki r `�
( z r. "<t � .. � -•,�'t4:�x1J..� ;4FT5:a`a+ray i;}f r^ 'tr��:F`^= bT"t r�tr h�: ,r e .1 it ! a t 7 .�'v�`��.t � {� ��"'
t t :1�7, r7r
1
i
TECHNICAL SPECIFICATIONS
TS-1 Plans
There are no drawn plans for this work. The work is to be located on streets and
other areas as designated in the Schedule of Quantities. The areas and
quantities given in the Schedule of Quantities are estimates only and may be
increased or decreased as directed by the Department of Public Works. The
areas given in the Schedule of Quantities do not in all cases include all of the
street areas between limits given, but represent an estimated square yards of
area within those limits that are to be planed and overlayed, or to be planed,
7 reflective crack treatment applied and overlayed.
I
W TS-2 Working Time Limitation
_) Due to the high volume of vehicular traffic on certain routes included in this
project, work shall cease at 4:00 p.m. unless specifically waived by the
i
Department of Public Works.
TS-3 Cold Millinq Requirements -
TS-3.1 Planing Machine Equipment
The planing machine to be used in this contract shall be designed and built for
cold planing work, shall be self-propelled and shall have a means of planing or
milling the old pavement surface. A dust suppression system must be part of the
j equipment. The drum patterns shall permit a grooved or smooth surface finish
J as selected by the Department of Public Works. The drum shall be totally
enclosed to prevent discharge of any loosened material on adjacent work areas.
j Maximum width of the planing machine will not be restricted. A minimum of 42
inches is preferred. Smaller machines may be used for auxiliary purposes only.
The planing equipment shall provide for pick-up of cuttings and elevating into
dump trucks all in a single operation. Use of front end loaders as the primary
means of pick-up will not be construed as a single operation nor will side loading
of dump trucks be permitted.
The cold planing machine shall have adequate power to force the cutting edge(s) "
of the drum teeth to the desired depth below the surface of the pavement without
causing undue irregularities in the surface of the planed pavement.
The planer shall be so designed and constructed that it is capable of cutting flush
to all curbs, inlets, manholes,or other similar obstruction within the paved area.
-, Drum lacing patters shall permit a smooth surface finish after planing with groove I
w spacing not to exceed one(1)inch unless otherwise approved by the Department
of Public Works.
_--`wc,r�..r9 u`•v�.:�.�':�1+ ;,ei�.'.1x4:;i=:,i�,';' . ...,-E., ,.. ,. t• n S S
r..,,..
ti
The planing machine shall be equipped with a flashing yellow light vi;;ible from
360 degrees.The light shall be mounted near the rear of the machine and shall
be used whenever the machine is being used or moved upon the City streets.
TS-3.2 Methods of Operation
The nature and condition of the cold planing equipment and the manner of
performance of the work shall be such that the finished planed surface of the
pavement is not torn,gouged,shoved,broken,oil coated or otherwise inured by
° I i the planing operation.
The cold milling generally consists of milling off the surface to a depth of 2". It
is anticipated that on some areas the cold milling depth will be greater than the
typical 2"to maintain a good profile and drainage. Additionally,where brick is the
I underlying material, it will be necessary to mill to the top of the bricks or to sound
I asphalt. Any unsound material remaining on the bricks after milling shall be
removed at the contractor's expense.
J In the event two (2) machines are used, they will be run in tandem so as to
occupy only one lane. Planing work shall be limited to a maximum of one lane,
500 running foot length of operation. This running distance shall be from the
I planing machine to the last operated piece of equipment in said lane or where
circumstances warrant. Operating distance may be increased with the approval
of the Department of Public Works.
TS-3.2.1 Intersecting Streets: The contractor shall plane through intersections
unless directed otherwise by the Department of Public Works. Work on
cross street intersection areas outside the through traveled way will be
required in certain areas.
TS-3.2.2 Transporting Equipment: All equipment used by the Contractor having
metal tracks shall not be driven over streets other than those streets being
planed. Such equipment must be transported.
TS-3.2.3 Tolerances: In all areas designated, sufficient passes or cuts shall be I
made such that all irregularities or high spots are eliminated to the
satisfaction of the Department of Public Works. The planing operation
shall provide a smooth profile and cross section that does not require a
Jleveling course prior to the overlaying operation. The maximum tolerance
in a longitudinal direction shall be Yz" under a ten (10) foot straight edge
and shall be 3/8" under an eight (8) foot straight edge in a transverse
direction.
TS-3.3 Utility Manholes, Valve Boxes Curbs and Surface Accessories
The contractor shall use a small cold milling machine capable of milling around
manholes and valve boxes. Cold milling around valve boxes and manholes shall
r
(Q
• .. t�.. r .l � rte. _ _ _ _ -
be performed immediately after cold milling a lane width and before that part of
a lane is reopened to traffic. Bituminous hot mix shall be placed around valve
boxes and manholes for a width of three (3)feet, raked to a feather edge and
compacted.
The contractor shall be held responsible for protecting all utilities and in the event
he damages any of them, they shall be replaced by the contractor at his own
expense.
TS-4 Area Reflective Crack Control Treatment-City of Jefferson
This work shall consist of furnishing all materials, equipment and labor and F
performing all operations for constructing Area Reflective Crack Control
Treatment. Area Reflective Crack Control Treatment shall be Reflective Crack
Control System A(Petromat or approved equal).
JThe surface on which Reflective Crack Control System A is to be constructed
shall be clean and dry. All cracks,spalls,potholes or other depressions shall be
sealed with an approved crack sealer or filled with mixture for cracks,joints and
flange ways to the satisfaction of the engineer before any crack control system
is constructed.
Bituminous surface course mixtures placed on top of any Reflective Crack
..�, Control System shall be placed at a maximum temperature of 300 degrees F.
j All other preparation, transportation, placing and compaction of bituminous
mixtures shall be done in conformance with the Technical Specifications.
Reflective Crack Control System A '
The reinforcing fabric shall be nonwoven polypropylene or other approved plastic
fabric'having the following properties:
Weight (ASTM D 1910)
` oz./sq.yd., min. 3.60
1
Grab Strength (ASTM D 1682)
J lbs., min. 90.00
Elongation at Break(ASTM D1682)
min. 55.00
j Asphalt Retention
gals./sq.yd., min. 0.20
f
The asphalt binder shall be 85/100 penetration asphalt cement meeting the
requirements of Section 1015.5 of the Missouri Standard Specification for
Highway Construction.
J
t
f
Mechanical lay down equipment shall be capable of handling full rolls of fabric
and shall be capable of laying the fabric smoothly without excessive wrinkles
and/or folds.
J Stiff brush brooms to smooth the fabric and scissors to cut the fabric shall be
provided.
The area to be covered with fabric shall be sprayed uniformly with asphalt binder i
at a rate of 0.25 to 0.30 gallons per square yard as directed by the engineer.
Binder application shall be accomplished with a pressure distributor for all
surfaces except. Where the distributor does not have room to operate, hand
spraying will be allowed. The width of the spray application shall be no more
than 6"wider than the fabric and no less than the fabric width plus 2". The binder
shall not be applied at a temperature greater than 325 degrees F to avoid
damage to the fabric. After the binder has been sprayed, the fabric shall be
unrolled or hand placed onto the binder without delay. Every effort must be
j made to lay the fabric as smoothly as possible to avoid wrinkles. In no case shall
_ wrinkles large enough to cause laps of the fabric be permitted. Such wrinkles
I shall be cut and laid out flat. The fabric shall be broomed or squeegeed to
remove air bubbles and make complete contact with the road surface.
The fabric shall overlap the adjacent fabric panel a minimum of 2". Additional I
binder shall be applied to make the joints where overlap is greater than 2". This f
shall be a hand application. The transverse joins shall be made in such a I "'
manner to avoid pickup by the paver. The direction of paving shall be in the
direction of fabric placement.
When the contractor re-opens the pavement after applying the fabric and prior
to resurfacing, he shall apply prime coat aggregate to the surface when and in
the quantity requested by the engineer. In addition, the contractor will be held
responsible for any and all damage to the fabric by traffic. The contractor will
repair the fabric in accordance with the specifications at his own expense.
Basis of payment:This work shall be paid for at the contract unit price per square
J yard for Area Reflective Crack Control Treatment, per gallon for Bituminous
-7 Material(Prime Coat)and per ton for Prime Coat Aggregate and Mixture for
Cracks, Joints & Flange ways, which prices shall include payment for
performing the work as described herein.
TS-5 Depth of Overlay
- I
The depth of overlay shall be within 1/4 inch of that specified. The City and the
County will try to minimize thickness to achieve maximum utilization of available
funds.
l TS-6 Not Used
, - j
t
I
j TS-7 Asphaltic Concrete
TS-7.1 deneral:This work shall consist of the construction of asphaltic concrete -
l .. base,and surface course as shown on the plans and specified herein.
TS-7.2 Standard Specifications:All work of this section shall be in accordance
with the referenced portions of "Missouri Standard Specifications for I
Highway Construction" 1986 Edition published by the Missouri State
Highway and Transportation Commission, except as modified here.
TS-7.3 Asphaltic Concrete Base:
TS-7.3.1 Subgrade shall be prepared as specified in Sect. TS-2 of the city of
Jefferson Standard Technical Specifications.
TS-7.3.2 Material: Materials shall conform to Standard Specifications Sec. 301.2.
TS-7.3.3 Mixture:The mix shall conform to the requirements of Sec. 301.3 Asphalt
i
cement content shall be in the range of 3 to 6 percent.
i
Marshal Properties
J Stability 1200 Min.
Flow 8 to 6
TS-7.3.3.1 Section 301.3.2 shall be changed to read as follows: Prior to preparing
any of the mixture on the project, the Contractor shall obtain, in the
presence of the Engineer, representative samples of asphaltic cement
and mineral aggregates for tests. The samples of material shall be of the
size designated by the Engineer and shall be submitted to an approved
laboratory for testing. The Contractor shall also submit for the Engineer's
approval, a job-mix formula for each mixture to be supplies for the project.
No mixture will be accepted for use until the job-mix formula for the project
is approved by the Engineer. The job-mix formula shall b within the
—� master range specified for the particular type of asphaltic concrete, and
shall include the type and sources of all materials, the gradations of the
1 aggregates, the relative quantity of each ingredient, and shall state a
definite percentage for each sieve fraction of aggregate and for asphaltic
cement. No job-mix formula sill be approved which does net permit,within
the limits of the master range, the full tolerances specified for asphalt
cement and for material passing the No.200 sieve. The job-mix formula
approved for each mixture shall be in effect until modified in writing by the
Engineer. When satisfactory results or other conditions make it
necessary, or should a source of material be changed, a new job-mix
formula may be required. The Engineer may make adjustments in the
job-mix formula in order that the mixture meets established criteria of the
Marshall mix design. The maximum time a job-mix will be used will be two
92) construction seasons.
r 1.