HomeMy Public PortalAboutORD11212 BILL NO. 89-3
SPONSORED BY COUNCILMAN MASON
• ORDINANCE NO. / /o�2 102
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLUMBIA CURB AND
GUTTER FOR THE 1989 COLD MILLING PROJECT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute an agreement with Columbia Curb and Gutter for
the 1989 Cold Milling Project.
Section 2. The agreement shall be substantially the same in
form and content as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed � - /6 ae f Approved ��
side fficer
ATTEST:
City Clerk
•
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this day of
, 19 'Ul_, by and between Columbia Curb and Gutter,
Inc. , hereinafter called "Contractor", and the City of Jefferson,
Missouri, a municipal corporation, hereinafter called "City".
WITNESSETH: That Whereas, the Contractor has become the lowest
responsible bidder for furnishing the supervision, labor, tools,
equipment, materials and supplies and for constructing the
following City improvements: 111989 Cold Milling Project".
NOW THEREFORE, the parties to this contract agree to the following:
1. Manner, 4nd time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools, equipment,
materials and supplies necessary to perform, and to perform, said
work at Contractor's own expense in accordance with the contract
documents and any applicable City ordinances and state and federal
laws, within thirty (30) calendar days from the date Contractor is
ordered to proceed, which order shall be issued by the Director of
Public Works within ten (10) days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
® of the aforementioned improvements shall be paid a wage of no less
than the "prevailing hourly rate of wages" for work of a similar
character in this locality, as established by Department of Labor
and Industrial Relations of the State of Missouri, and as
established by the Federal Employment Standards of the Department
of Labor. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this project because Contractor
has obtained the prevailing hourly rate of wages from the contents
of Special Wage Determination No. 89-026-0074 in which the rate of
wages is set forth. The Contractor further agrees that Contractor
will keep an accurate record showing the names and occupations of
all workmen employed in connection with the work to be performed
under the terms of this contract. The record shall show the actual
wages paid to the workmen in connection with the work to be
performed under the terms of this contract. A copy of the record
shall be delivered to the Director of Public Works each week. In
accordance with Section 290.250 RSMo, Contractor shall forfeit to
the City Ten Dollars ($10. 00) for each workman employed, for each
calendar day or portion thereof that the workman is paid less than
the stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance. Contractor shall procure and maintain at its
own expense during the life of this contract:
O
Aft (a) Workmen's Compensation Insurance for all of its employees
to be engaged in work under this contract.
(b) }tractor's Public Liability Insurance in an amount not
less than $800,000 for all claims arising out of a single
occurrence and $100,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of
the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and
Contractor's Property Damage Insurance in an amount not less than
$800, 000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(c) Automobile Liability Insurance in an amount not less than
$800,000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the City an
Owner's Protective Liability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than $800,000 for
all claims arising out of a single accident or occurrence and
$100,000 for any one person in a single accident or occurrence,
except for those claims governed by the provisions of the Missouri
Workmen's Compensation Law, Chapter 287, RSMo. No policy will be
® accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
(e) Subcontracts - In case any or all of this work is sublet,
the Contractor shall require the Subcontractor to procure and
maintain all insurance required in Subparagraphs (a) , (b) , and (c)
hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall provide
adequate protection for the Contractor and its subcontractors,
respectively, against damage claims which may arise from operations
under this contract, whether such operations be by the insured or
by anyone directly or indirectly employed by it, and also against
any special hazards which may be encountered in the performance of
this contract.
NOTE: Paragraph (f) is construed to require the procurement of
Contractor's protective insurance (or contingent public liability
and contingent property damage policies) by a general. contractor
whose subcontractor has employees working on the project, unless
the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides adequate
protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
® 4. Contractor'e Responsibility for 8ubaontractore._ It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein setforth,
insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any subcontract
as the City may exercise over Contractor under any provisions of
this contract. Nothing contained in this contract shall create any
contractual relations between any subcontractor and the City or
between any subcontractors.
5. Liquidated Damages. The Director of Public Works may ,
at his discretion, deduct $100. 00 from any amount otherwise due
under this contract for every day Contractor fails or refuses to
prosecute the work, or any separable part thereof, with such
diligence as will insure the completion by the time above
specified, or any extension thereof, or fails to complete the work
by such time, as long as the City does not terminate the right of
Contractor to proceed. It is further provided that Contractor
shall not be charged with liquidated damages because of delays in
the completion of the work due to unforeseeable causes beyond
Contractor's control and without fault or negligence on
® Contractor's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days prior written notice
to the Contractor, without prejudice to any other rights or
remedies of the City should the Contractor be adjudged a bankrupt,
or if Contractor should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed for
Contractor or for any of its property, or if Contractor should
persistently or repeatedly refuse or fail to supply enough properly
skilled workmen or proper material, or if Contractor should refuse
or fail to make prompt payment to any person supplying labor or
materials for the work under the contract, or persistently
disregard instructions of the City or fail to observe or perform
any provisions of the contract.
7. Cityls Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such materials,
appliances and structures as may be on the work site and are
necessary for completion of the work. The foregoing provisions are
• in addition to, and not in limitation of, the rights of the City
under any other provisions of the contract, city ordinances, and
state and federal laws.
8. Indemnity. The Contractor agrees to defend, indemnify,
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from
all damage and costs by reason or on account of any injuries or
damages received or sustained by any person or persons, or their
property, by Contractor, its servants, agents or subcontractors in
the construction of said work, or by any negligence or carelessness
in the performance of the same, or on account of any act or
omission of Contractor, its servants, agents, or subcontractors,
or arising out of the award of this contract to Contractor.
9. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed
pursuant to this contract. Contractor shall furnish to the City
a bond to insure the payment of all materials and labor used in
the performance of this contract.
10. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule setforth in the Contract Documents upon acceptance of said
work by the Director of Public Works and in accordance with the
rates and/or amounts stated in the bid of Contractor dated April
4, 1989, which are by reference made a part hereof. No partial
payment to the Contractor shall operate as approval or acceptance
of work done or materials furnished hereunder.
® 11. Contract Documents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
12. Nondiscrimination. The Contractor agrees in the
performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employee of Contractor or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder.
13. Notices. All notices required to be in writing may be
given by first class mail addressed to the City of Jefferson, 320
East McCarty, Jefferson City, Missouri 65101, and Contractor at
4105 I-70 Drive S.E. , Columbia, Missouri 65201. The date of
delivery of any notice shall be the second full day after the day
of its mailing.
® 14. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
15. IN TESTIMONY WHEREOF, the parties have hereunto set their
hands and seals this day of
19�.
CITY OF JEFFERSON, MISSOURI
By
yor
ATTEST:
CITY CLERK
CONTRACTOR
By r
Title: Bil Boyce Pr ident
ATTEST:
Billy Boyce Jr.Ifetary-Treasurer
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® GEORGE .J. SIEBERS & C®., INC.
BONDS AND INSURANCE
August 1, 1989
Bonnie S. Hubert, P.E. Engr. Super.
City Of Jefferson
320 E. McCarty Street
Jefferson City, MO 65101
Dear Ms. Hubert:
RE: Valiant Insurance Company - Policy number
EC 87489365
Designated Contractor - Columbia Curb & Gutter
Inc.
Job - County Improvement 1989 Cold Milling Project
City Of Jefferson
OFFICERS Enclosed is the original of the captioned Owners' and
John N.Thayer Contractors ' Protective Liability Insurance policy
Chairman for filing with your office on behalf of the Desig-
Mark E. Gardner nated Contractor. This policy will, of course, re-
President place the Insurance Binder you have been furnished.
Larry Cramer We trust you will find the policy entirely in order
UicePresidbnt but should you have any questions or desire any
BROKERS changes, please contact us.
Galen R. Fiss Sincerely,
Robert B. Rss
Mike Moore l I JG
COST OFFICE BOX MARK E. f DNER Y
P.O.Box 9340 MEG:vg
Merriam,Kansas Enclosure
66201-2040
TOLL FREEINUMBER
1-800-255-0463
FAX NUMBER
1-913-236-5145 2 ,�
MAIN OFFICE p L5 Owls '
IN KANSAS
1-913-2364900 too
Merriam Oaks, Suite 111 • 8500 Shawnee Mission Parkway • Merriam, Kansas 66202
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS
This Policy consists of this Declarations Form, the Owners and Contractors Protective VALIANT INSURANCE COMPANY
Liability Form and the Endorsements indicated as appOcable� WEST DES MOINES,IOWA 50285
® Ec 8 7 4 8 9 3 G 5 ® ❑
A STOCK COMPANY
NEW RENEWAL OF
1.NAMED INSURED and MAILING ADDRESS:
CITY OF JEFFERSON
320 E. MCCARTHY STREET
JEFFERSON CITY MO 65101
2.POLICY PERIOD:From 5-2-89 to 5-2 90-
12:01 A.M.Standard Time at your Mailing Address above.
AGENT: GEORGE SIEBERS — — — v KANSAS CITY C1=1 0 1
21 008 2 1
BO CODE PRODUCER BRANCH OFFICE ° is
� •oe
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE
INSURANCE AS STATED IN THIS POLICY.
3.LIMITS OF INSURANCE
AGGREGATE LIMIT $ 800,000
EACH OCCURRENCE LIMIT $ 800,000
Designation and Mailing Address of Contractor.
COLUMBIA CURB & GUTTER, INC.
4105 I-70 DRIVE SE
COLUMBIA MO 65201
Location of Covered Operations(Same as Item 1 unless shown below):
CLASSIFICATION CODE NO. PREMIUM BASE RATE PER$1000 ADVANCE PREMIUM
OF COST
CONSTRUCTION OPERATIONS 16291 C)24,294 .632 255.00
CONTRACTOR (NOT RAILROADS)
EXCLUbING OPERATIONS
ON BOARD SHIPS
premium obasis land Islsubject to audit estimated
If it is
determined during the policy period that the
ment Loran an premium will be Issued.'
2312 Ed. 12.72
4.FORMS/ENDORSEMENTS APPLICABLE:IL 00 21 CGO041, CG0001, 47925 TOTAL PREMIUM ► $
CG0009, IL0274, CG0004, 47850 Payable At Inception $ 255.00
5.FORM OF BUSINESS: ❑Individual ❑ Joint Venture ❑Partnership ❑ Organization(Other than Partnership or Joint Venture)
XOTHER MUNICPAL
((a
tersigned: d By
C W Date Authorized Representative
L,cMxlna copyrighted"w1mil ot li eu mu Gotvi:ne Oita,im,with eta purnaaic n
copyryhl,Ircw.urcu lwrvlcoa 011icu,Inc,ION
47885(Ed. 1-87)
MARYLAND CASUALTY COMPANY
Baltimore, Maryland 21203 A Stock Company
NORTHERN INSURANCE CO. OF N.Y.
New York, New York 10038 A Stock Company
QUICK REFERENCE
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
READ YOUR POLICY CAREFULLY
DECLARATION PAGE
Named Insured and Mailing Address
Policy Period
Designated Contractor and Mailing Address
Location of Operations
Limits of Insurance
Endorsements- IL 00 21 11 85 (Broad Form Nuclear Exclusion)
SECTION I-COVERAGES Beginning on Page
Bodily Injury and Property Insuring Agreements . . . . . . . . . . . . . . . . . . 1
Damage Liability Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . 2
® Supplementary Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION II-WHO IS AN INSURED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
SECTION 111-LIMITS OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION IV-CONDITIONS
Bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Duties In the Event Of Occurrence, Claim or Loss . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Examination of Your Books and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Inspection and Surveys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Legal Action Against Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Otherinsurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PremiumAudit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Separation of Insureds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..; . . I . . . . . . . . 9
Transfer of Rights of Recovery Against Others To Us . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION V-DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ENDORSEMENTS (IF ANY)
Copyright, Insurance Services Office, Inc„ 1984
47925 Ed.107
1
MARYLAND CASUALTY COMPANY
BALTIMORE, MD 21203
A Stock Company
NORTHERN INSURANCE COMPANY OF NEW YORK
NEW YORK, NEW YORK 10038
A Stock Compwy
COMMERCIAL GENERAL LIABILITY COVERAGE PART QUICK REFERENCE
READ YOUR POLICY CAREFULLY
DECLARATIONS PAGES
Named Insured and Mailing Address
Policy Period
Description of Business and Location Beginning
Coverages and Limits of Insurance On Page
SECTION 1 - COVERAGES
Coverage A - Insuring Agreement 1
Bodily Injury and Property Damage Liability Exclusions
Coverage B - Insuring Agreement 3
Personal and Advertising Injury Liability Exclusions
Coverage C - Insuring Agreement 4
Medical Payments Exclusions
Supplementary Payments 4
SECTION 11 - WHO IS AN INSURED 4
®SECTION III - LIMITS OF INSURANCE 5
SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 6
Bankruptcy Premium Audit
Duties In The Event of Occurrence, Claim or Suit Representations
Legal Action Against Us Separation of Insureds
Other Insurance Transfer of Rights of Recovery Against Others To Us
SECTION V - DEFINITIONS 7
CG 00 02 ONLY
SECTION V - EXTENDED REPORTING PERIODS 7
SECTION VI - DEFINITIONS 8
COMMON POLICY CONDITIONS
Cancellation Inspections and Surveys
Changes Premiums
Examination of Your Books and Records Transfer of Your Rights and Duties Under This Policy
ENDORSEMENTS (11 Any)
Copyright, Insurance Services Office, Inc., 1982, 1984
47610 Ed. 1-07 Printod in U.S.A.
a•
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF POLLUTION EXCLUSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
t
The following is added to exclusion f, of COVERAGE A (Section 1):
Subparagraphs (a) and (d)(i) of paragraph (1) of this exclusion do not apply to "bodily injury" or "property
damage" caused by heat, smoke or fumes from a hostile fire.As used in this exclusion,a hostile fire means one
which becomes uncontrollable or breaks out from where it was intended to be.
r.
CG 00 41 06 86 Copyright Insurance Services Qff ice, Inc., 1986 O '
GU 410
(9.87)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
IL 02 74 09 87
MISSOURI CHANGES-CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL CRIME COVERAGE PART—EXCEPT COVERAGE FORMS A AND B
COMMERCIAL GENERAL LIABILITY COVERAGE PART
FARM LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS COVERAGE PART
A. Paragraph 2. of the CANCELLATION Common Policy (3) We become insolvent; or,
Condition is replaced by the following:
(4) We involuntarily lose reinsurance for this
2. We may cancel this policy by mailing or delivering policy.
to the first Named Insured written notice of can-
cellation,stating the actual reason for cancellation, c. 60 days before the effective date of cancella-
at least: tion if we cancel for any other reason.
a. 10 days before the effective date of cancella- B. The following is added and supersedes any provision
tion if we cancel for nonpayment of premium; to the contrary:
b. 30 days before the effective date of cancella- NONRENEWAL
tion if cancellation is for one or more of the
following reasons: 1. We may elect not to renew this policy by mailing
(1) Fraud or material misrepresentation af- or delivering to the first Named Insured,at the last
fecting this policy or a claim filed under mailing address known to us,written notice of non-
this policy or a violation of any of the terms renewal, stating the actual reason for nonrenew-
or conditions of this policy; al, at least sixty days prior to the effective date of
(2) Changes in conditions after the effective the nonrenewal.
date of this policy which have materially 2. If notice is mailed, proof of mailing will be suffi-
increased the risk assumed; cient proof of notice.
�MYI IY�It
Copyright, Insurance Services Office, Inc„ 1987
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDATORY ENDORSEMENT -
WHEN WE DO NOT RENEW
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
LIQUOR LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM (OCCURRENCE VERSION)
RAILROAD PROTECTIVE LIABILITY COVERAGE FORM
The following Condition is added to CONDITIONS (Section IV):
When We Do Not Renew.
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the
Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
CG 00 04 02 86 Copyright, Insurance Services Office, Inc., 1985 p
COMMERCIAL GENERAL LIABILITY
OWNERS AND CONTRACTORS PROTECTIVE
LIABILITY COVERAGE FORM COVERAGE
FOR OPERATIONS OF DESIGNATED CONTRACTOR
Various provisions of this policy restrict coverage. b. Damages because of "bodily injury" include
Read the entire policy carefully to determine rights, damages claimed by any person or organization
duties and what is and is not covered. for care, loss of services or death resulting at any
Throughout this policy the words "you" and "your" time from the "bodily injury."
refer to the Named Insured shown in the Declara- c. "Property damage"that is loss of use of tangible
tions. The words "we', "us" and "our". refer to the property that is not physically injured!shall be
Company providing this insurance. deemed to occur at the time of the "occurrence"
The word,"insured" means any person or organiza- that caused it.
tion qualifying as such under SECTION II - WHO IS 2. Exclusions.
AN INSURED. This insurance does not apply to:
Other-words and phrases that appear in quotation a. "Bodily injury" or "property damage" expected
marks have special meaning. Refer to SECTION V - or intended from the standpoint of the insured.
DEFINITIONS. This exclusion does not apply to "bodily injury"
SECTION 1 - COVERAGES resulting from the use of reasonable force. to
BODILY INJURY AND PROPERTY DAMAGE protect persons or property.
LIABILITY b. "Bodily injury" or "property damage" for which
1. Insuring Agreement. the insured is obligated to pay damages by rea-
a. We will pay those sums that the insured be- son of the assumption of liability in a contract
comes legally obligated to pay as damages be- or agreement. This exclusion does not apply to
cause of"bodily injury" or"property damage" to liability for damages:
which this insurance applies. No other obli- (1) Assumed in a contract or agreement that is
gation or liability to pay sums or perform acts or an "insured contract;" or
services is covered unless explicitly provided for (2) That the insured would have in the absence
under SUPPLEMENTARY PAYMENTS. This in- of the contract or agreement.
surance applies only to "bodily injury" or"bodily injury c, "Bodily injury" or "property damage" which
policy period. The
property damage which occurs during the or occurs after the earliest of the following times:
damage" must be caused by an "occurrence" (1) When all "work" on the project (other than
and arise out of: service,•maintenance or repairs) to be per-
(11).Operations.performed for you by the "con- formed for you by the "contractor" at the site
" of,the covered operations has been cam-
tractor at the location specified in the Decla- plated; or
rations; or
(2) Your acts or omissions in connection with (2) When that portion of the "contractor's"
the general supervision of such operations. "work", out of which the injury or damage
arises, has been put to its intended use by any
We will have the right and duty to defend any person or organization. This exclusion' does
"suit"-seeking those damages. But: not apply to any contractor or subcontractor
(1) The amount we will pay for damages is lim- working directly or indirectly for the "con-
ited as described in SECTION III - LIMITS OF tractor" or as part of the same project.
INSURANCE; d. "Bodily injury" or"property damage" arising out
(2) We may investigate and settle any claim or of your, or your employees', acts or omissions
"suit" at our discretion; and other than general supervision of "work" per-
formed for you by the "contractor."
(3) Our right and duty to defend end when we e. Any obligation of the insured under a workers
have used up the applicable limit of insurance compensation, disability benefits or unemploy-
ment compensation law or any similar law,
CG 00 09 11 85 Copyright, Insurance Services Off Ice, Inc., 1984 Page 1 of 6 ❑
COMMERCIAL GENERAL LIABILITY
f. "Bodily injury" to: (1) if the pollutants are brought on or to
(1) An employee of the insured arising out of the site or location in connection with
and in the course of his employment by the such operations; or
insured; (ii) if the operations are to test for, mon-,
(2) The spouse, child, parent, brother or sister itor, clean up, remove, contain, treat,
of that employee as a consequence of (1) detoxify or neutralize the pollutants.
above. (2) Any loss, cost, or expense arising out of any
This exclusion applies: governmental direction or request that you
(1) Whether the insured may be liable as an test for, monitor, clean up, remove, contain;
employer or in any other capacity; and treat, detoxify or neutralize the pollutants.
(2) To any obligation to share damages with or Pollutants means any solid, liquid, gaseous or
repay someone else who must pay damages thermal irritant or contaminant, including smoke,
because of the injury.. vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste includes materials to be recycled,
This exclusion does not apply to liability as- reconditioned or reclaimed.
sumed by the insured under an "insured con- k. "Property damage" to "impaired property" 'or
tract". property that has not been physically injured;
g. "Property damage" to: arising out of:
(1) Property you own, rent, or occupy; (1) A defect, deficiency, inadequacy or danger
(2) Property loaned to you; ous condition in "work" performed for you by
(3) Personal property in your care, custody or the "contractor;" or
control; or (2) A delay or failure by you or anyone acting
(4) "Work" performed for you by the "contrac- on 'your behalf to perform a contract of
tor." agreement in accordance with its terms.
h. ."Bodily injury" or "property damage" due to This exclusion does not apply to the loss of use
war, whether or not declared, or any act or of other property arising out of sudden and ac-
condition incident to war. War includes civil cidental physical injury to "work" performed for
war, insurrection, rebellion or revolution. This you by the "contractor."
exclusion applies only to liability assumed un- SUPPLEMENTARY PAYMENTS
der: We will pay, with respect to any claim or "suit" we
(1) An "insured contract;" or defend:
(2) Expenses for first aid. 1. All expenses we incur.
i. "Bodily injury" or "property damage" arising out 2. Up to$250 for cost of bail bonds required because
of the use of "mobile equipment" in, or while in of accidents or traffic law violations arising out of
practice or preparation for, a prearranged racing, the use of any vehicle to which this insurance ap-'
speed or demolition contest or in any stunting plies. We do not have to furnish these bonds.
activity.
j. (1) "Bodily injury" or "property damage" arising 3.The cost of bonds to release attachments, but only
out of the actual, alleged or threatened dis- for bond amounts within the applicable limit of
charge, dispersal,release or escape of pollutants: insurance. We do not have to furnish these bonds.
(a)'At or from premises you own, rent'or oc- 4. All reasonable expenses incurred by the insured
at our'request to assist us in the investigation or
cupy; defense of the claim or"suit," including actual loss
(b) At or from any site or location used by or of earnings up to $100 a day because of time off
for you or others for handling, storage,.dis- from work.
posal, processing or treatment of waste; b. All costs taxed against the insured in the "suit."
(c) Which are at any time transported, han-
dled, stored, treated, disposed of, or proc-
6. Pre-judgment interest awarded against the insured
essed as waste by or for you or any person on that part of the judgment we pay. If we make
or organization for whom you may be le- an offer to pay the applicable limit of insurance,
gally responsible; or we will not pay any pre-judgment interest based
(d) At or from any site or location on which on that period of time after the offer.
you or any contractors or subcontractors
working directly or indirectly on your behalf
are performing operations:
Page 2 of 6 Copyright, Insurance Services Qffice, Inc„ 1984 CG 00 09 11 85 ❑
COMMERCIAL GENERAL LIABILITY
7. All interest on the full amount of any judgment 2. The Aggregate Limit is the most we will pay for
that accrues after entry of the judgment and before the sum of damages because of all "bodily injury"
we have paid, offered to pay, or deposited in court and "property damage."
the part of the judgment that is within the appli- 3. Subject to 2. above, the Each Occurrence Limit is
cable limit of insurance. the most we will pay for the sum of damages be-
8. Expenses incurred by the insured for first aid to cause of "bodily injury" and "property damage"
others at the time of an accident, for "bodily in- arising out of any one "occurrence."
jury" to which this insurance applies. If you designate more than one project in the Dec-
These payments will not reduce the limits of insur- larations, the Aggregate Limit shall apply separately
ance. to each project.
SECTION II - WHO IS AN INSURED The limits of this Coverage Part apply separately to
1. If you are designated in the Declarations as: each consecutive annual period and to any remain-
a. An individual, you and your spouse are in- ing period of less than 12 months, starting with the
sureds. beginning of the policy period shown in the Decla-
b. A partnership or joint venture, you are an in- rations, unless the policy period is extended after is-
b. 1 Y suance for an additional period of less than 12
sured. Your members, your partners, and their months. In that case, the additional period will be
spouses are also insureds, but only with respect deemed part of the last preceding period for pur-
to their duties as partners or members of a joint poses of determining the Limits of Insurance.
venture. SECTION IV - CONDITIONS
c.An organization other than a partnership or joint
venture, you are an insured. Your executive of-
ficers and directors are insureds, but only with Bankruptcy or insolvency of the insured will not re-
respect to their duties as your officers or direc- lieve us of our obligation under this Coverage Part.
tors. Your stockholders are also insureds, but 2. Cancellation.
only with respect to their liability as stockhold-
ers. a. The first Named Insured shown in the Declara-
tions may cancel this policy by mailing or deliv-
ering to us advance written notice of
a. Any person (other than your employee) or any cancellation.
organization while acting as your real estate b. We may cancel this policy by mailing or deliv-
manager. ering to the first Named Insured and the "con-
b. Any person or organization having proper tem- tractor" written notice of cancellation at least:
porary custody of your property if you die, but
only: (1) 10 days before the effective date of cancel-
(1) With respect to liability arising out of the lation if we cancel for non-payment of pre-
maintenance or use of that p rop e rty; and mium; or
' (2) Until your legal representative has been ap- (2) 30 days before the effective date of cancel-
pointe Until lation if we cancel for any other reason.
c. Your legal representative if you die, but only c. We will mail or deliver our notices to the first
with respect to duties as such. That represen- Named Insured's and the "contractor's" last
tative.will have all your rights and duties under mailing address known to us.
this Coverage Part. d. Notice of cancellation will state the effective
No person or organization is an insured with respect date of cancellation. The policy period will end
to the conduct of any current or past partnership or on that date.
joint venture that is not shown as a Named Insured e. If this policy is cancelled, we will send the
in the Declarations. "contractor" any premium refund due. If we
SECTION III - LIMITS OF INSURANCE cancel, the refund will be pro rata. If the first
1. The Limits of Insurance shown in the Declarations Named Insured or the "contractor" cancels, the
refund may be less than pro rata. The cancella-
and the rules below fix the most we will pay re- tion will be effective even if we have not made
gardless of the number of: or offered a refund.
a. Insureds; f. If notice is mailed, proof of mailing will be suf-
b. Claims made or "suits" brought; or ficient proof of notice.
c. Persons or organizations making claims or
bringing "suits."
CG 00 09 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 3 of 6 O
i
'COMMERCIAL GENERAL LIABILITY
Ah
3. Changes. Any inspections, surveys, reports or recommen-
This policy contains all the agreements between dations relate only to insurability and the premi-
you, the "contractor" and us concerning the in- ums to be charged. We do not make safety
surance afforded. The first Named Insured shown inspections. We do not undertake to perform the
i duty of any person or organization to provide for
n the Declarations and the "contractor" are au-
the health or safety workers or the public. And
thorized to make changes in the terms of this pol-
icy with our consent. This policy's terms can be we do not warrant that conditions:
amended or waived only by endorsement issued a. Are safe or healthful; or
by us and made a part of this policy. b. Comply with laws, regulations, codes or stand-
4. Duties In The Event Of Occurrence, Claim ards.
or Suit. This condition applies not only to us, but also to
a. You must see to it that we are notified promptly any rating, advisory, rate service or similar organ-
of an "occurrence" which may result in a claim. ization which makes insurance inspections, sur-
Notice should include: veys, reports or recommendations.
(1) How, when and where the "occurrence" 7• Legal Action Against Us.
took place; and No person or organization has a right under this
(2) The names and addresses of any injured Coverage Part:
persons and witnesses. a. To join us as a party or otherwise bring us into
b. If a claim is made or "suit" is brought against a "suit" asking for damages from an insured; or
any insured, you must see to it that we receive b. To sue us on this Coverage Part unless all of its
prompt written notice of the claim or "suit". terms have been fully complied with.
c. You and any other involved insured must: A person or organization may sue us to recover on
(1) Immediately send us copies of any demands, an agreed settlement or on a final judgment
notices, summonses or legal papers received against an insured obtained after an actual trial;
in connection with the claim or "suit"; but we will not be liable for damages that are not
payable under the terms of this Coverage Part or
(2) Authorize us to obtain records and other in- that are in excess of the applicable limit of insur-
formation; ance. An agreed settlement means a settlement
(3) Cooperate with us in the investigation, and release of liability signed by us, the insured
settlement or defense of the claim or "suit;" and the claimant or the claimants legal represen-
and tative.
(4) Assist us, upon our request, in the enforce- 8. Other Insurance.
ment of any right against any person,or or- The insurance afforded by this Coverage Part is
ganization which may be liable to the insured primary insurance and we will not seek contrib-
because of injury or damage to which this in- ution from any other insurance available to you
surance may also apply. unless the other insurance is provided by a con-
d. No insureds will, except at their own cost, vol- tractor other than the designated "contractor" for
untarily make a payment, assume any obligation, the same operation and job location designated in
or'incur any expense, without our consent. the Declarations. Then we will share with that
other insurance by the method described below.
5. Examination of Your Books And Records. If all of the other insurance permits contribution
We'may examine and audit your books and records by equal shares, we will follow this method also.
as well as the "contractor's" books and records as Under this approach, each insurer contributes
they relate to this policy at any time during the equal amounts until it has paid its applicable limit
policy period and up to three years afterward. of insurance or none of the loss remains, which-
6. Inspections and Surveys. ever comes first.
We have the right but are not obligated to: If any of the other insurance does not permit con-
tribution by equal shares, we will. contribute by
a. Make inspections and surveys at any time; limits. Under this method, each insurer's share is
b. Give you reports on the conditions we find; and based on the the ratio of its applicable limit of in-
c. Recommend changes. surance to the total applicable limits of insurance
of all insurers.
Page 4 of 6 Copyright, Insurance Services Office, Inc., 1984 CG 00 09 11 85 13
COMMERCIAL GENERAL LIABILITY
9. Premiums. a. It incorporates work performed for you that is
known orithought to be defective, deficient, in-
The "contractor:" adequate or dangerous; or
a. Is responsible for the payment of all premiums, b. You have failed to fulfill the terms of a contract
and or agreement;
b. Will be the payee for any return premiums we if such property can be restored to use by:
pay.
10. Premium Audit. a. The repair, replacement, adjustment or removal
of the work prepared for yob; or .
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates. b. Your fulfilling the terms of. the contract or
b. Premium shown in this Coverage Part as ad- agreement.
vance premium is a deposit premium only.At the 5. "Insured contract" means:
close of each audit period we will compute the a. A lease of premises;
earned premium for that period. Audit premiums b. A sidetrack agreement;
are due and payable on notice to the "contrac-
tor". If the sum of the advance and audit pre- c. An easement or license agreement in con-
miums paid for the policy term is greater than nection with vehicle or pedestrian private'rail-
the earned premium, we will return the excess road crossings at grade;
to the "contractor". d. Any other easement agreement, except in pon-
c. The "contractor" must keep records of the in- nection with construction or demolition oper-
formation we need for premium computation, ations on or within 50 feet of a railroad;
and send us copies at such times as we may re- e. An indemnification of a municipality as required
quest. by ordinance, except in connection with work
11. Separation Of Insureds. for a municipality, or
i Except with respect to the Limits of Insurance, and f. An elevator maintenance agreement.
any rights or duties specifically assigned in this 6. "Mobile equipment" means any of the following
Coverage Part to the first Named Insured, this insur- types of land vehicles, including any attached
ance applies: machinery or equipment:
a. As if each Named Insured were the only Named a. Bulldozers, farm machinery, forklifts and other
Insured; and vehicles designed for use principally off public
b. Separately to each insured against whom claim roads;
is made or "suit" is brought. b. Vehicles maintained for use solely on or next to
12. Transfer Of Rights Of Recovery Against
' Others To Us. premises you own or rent;
If the insured has rights to recover all or part of any c. Vehicles that travel on crawler treads;
payment we have made under this Coverage Part d. Vehicles, whether self-propelled or not, main-
those rights are transferred to us. The insured must tained primarily to provide mobility to perma-
do nothing after loss to impair them. At our request, nently mounted:
the insured will bring "suit" or transfer those rights (1) Power cranes, shovels, loaders, diggers or
to us and help us enforce them. drills; or
SECTION V - DEFINITIONS (2) Road construction or resurfacing equipment
1. "Auto" means a land motor vehicle, trailer or such as graders, scrapers or rollers;
semitrailer designed for travel on public roads, in- e. Vehicles not described in a., b., c. or d, above
cluding any attached machinery or equipment. that are not self-propelled and are maintained
But auto does not include mobile equipment. primarily to provide mobility to permanently at-
2. "Bodily injury" means bodily injury, sickness or tached equipment of the following types:
disease sustained by a person, including death re- (1) Air compressors, pumps and generators, in-.
sulting from any of these at any time, cluding spraying, welding, building cleaning,
3. "Contractor" means the contractor designated in geophysical exploration, lighting and well
the Declarations. servicing equipment; or
4. "Impaired property" means tangible property, (2) Cherry pickers and similar devices used to
j other than work performed for you, that cannot be raise or lower workers;
j used or is less useful because:
.CG 00 09 11 86 Copyright, Insurance Services Qff lee, Inc„-1984 Page 5 pf;6 ;, 0
COMMERCIAL GENERAL LIABILITY
f. Vehicles hot described in a., b., c. or d. above 7. "Occurrence" means an accident including con-
maintained primarily for purposes other than the tinuous or repeated exposure to substantially the
transportation of persons or cargo. same general harmful conditions.
However, self-propelled vehicles with the fol- B. "Property damage" means:
lowing types of permanently attached equip- a, Physical injury to tangible property, including
ment are not "mobile equipment" but will be all resulting loss of use of that property; or
considered "autos m:
(1) Equipment designed primarily for: b. Loss of use of tangible property that is not
(a) Snow removal; physically injured.
9. "Suit" means a civil proceeding, brought in the
(b) Road maintenance, but not construction United States of America (including its territories
or resurfacing; and possessions), Puerto Rico and Canada, in
(c) Street cleaning; which damages because of "bodily injury" or
(2) Cherry pickers and similar devices mounted "Property damage" to which this insurance applies
on automobile or truck chassis and used to are alleged. "Suit" includes an arbitration pro-
raise or lower workers; and ceeding alleging such damages to which you must
submit or submit with our consent.
(3) Air compressors, pumps and generators, in-
cluding spraying, welding,'building cleaning 10. "Work" includes materials, parts or equipment
,
geophysical exploration; lighting and well furnished in connection with the operations.
servicing equipment.
`Page 6 of'6 ` Copyright, Insurance Services Qffice, Inc„ 1984 CG 00 09 11 85 O
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions In this policy restrict coverage, a. "Bodily injury" or "property damage" ex-
Read the entire policy carefully to determine rights, pected or intended from the standpoint of the
duties and what is and is not covered. insured. This exclusion does not apply to
Throughout this policy the words "you" and "your" "bodily injury" resulting from the use of
refer to the Named Insured shown in the Declara- reasonable force to protect persons or prop-
tions. The words we, us and our, refer to the erty.
Company providing this insurance. b. "Bodily injury" or "property damage" for
The word "Insured" means any person or organiza- which the insured is obligated to pay dam-
tion qualifying as such under SECTION II —WHO IS ages by reason of the assumption of liability in
AN INSURED. a contract or agreement.This exclusion does
Other words and phrases that appear in quotation not apply to liability for damages:
marks have special meaning. Refer to SECTION V-- (1) Assumed in a contract or agreement that .
DEFINITIONS. is an "insured contract;" or
SECTION1 COVERAGES (2) That the,insured'would have in the ab-
sence of the contract or agreement.
ERTY DAMAGE LIABILITY c. Bodily injury or_ .property damage for
which any insured.may be held liable by
I.' Insuring Agreement. reason of: ;. .
a. We.will pay those sums that the insured (1) Causing or; contributing ;to the in-
becomes legally obligated to pay as damages toxication of any person;.
because of"bodily injury"or"property dam- (2) The furnishing of alcoholic beverages to a
age" to which this insurance applies. No person. under,the legal-drinking age or
other obligation or liability to pay sums or per- under the influence of alcohol;or
form acts or services is covered unless
re-
,explicitly provided for.under SUPPLEMEN- (3) Any statute; ordinance or regulation re-
TARY PAYMENTS— COVERAGES-A AND B. of all h the sale, gift, distribution or use
This insurance applies only to"bodily injury" of alcoholic beverages.
and"property damage"which occurs during This exclusion applies only if you are in the
the policy period, The "bodily injury" or business of manufacturing, distributing, sell-
"property damage" must be caused by an ing,serving orfurnishing alcoholic beverages.
"occurrence." The "occurrence""must take d. `Any obligation of the insured under a workers
place in the "coverage territory." We will compensation, disability benefits or unem-
have the right and duty to defend any "suit" ployment compensation law or any similar
seeking those damages. But: law.
amount we will pay for damages is e. "Bodily injury" to:
limited as'described in SECTION III --
LIMITS OF INSURANCE; (1) An employee of the insured arising out of
and in*the course of employment by the
(2) We may investigate and settle any claim insured; or `
or suit at our discretion; and
w "'suit",.
(2) The spouse, child; parent, brother or
(3). Our right acid duty to defend end when we sister,of that employee a's a consequence
have used up the applicable limit of insur- of(1).above:
apce in the payment of judgments or set- This exclusion 'a lies:
tiements under Coverages'A or B or medi- pp.
'cal;expenses under Coverage C. (1) .Whether the insured may be liable as an
;; employee or in�"any other capacity;'and
b. Damages because of bodily injury',' '
damages,claimed by any person or organiza- (2) To ariy obligation to share damages with '
tion for'care, loss of services or death result- or repay someone else who must pay
ing at any time from the'"bodily Injury." damages because of the injury,
c. "Property damage" that is loss of use of This exclusion does not apply to" liability
tangible property that is not physically in- assumed by the insured under an "insured
jured,shall be deemed to occur at the time of contract:
then"occurrence that caused it.
2. Exclusions.
This insurance does not apply to
CG 00 0111185 Copyright,,1nsuranc Servlces,Office, Inp.,,1982;,1984. Page l,,.o
4j I
COMMERCIAL GERERAL LIABILITY
COVERAGE FORM
f. (1) "Bodily injury"or"property damage"arising (4) Liability assumed under any "insured
out of the actual, alleged or threatened contract" for the ownership, mainte-
discharge, dispersal, release or escape of nance or use of aircraft or watercraft; or
pollutants: (5) "Bodily injury" or "property damage"
(a)'At' or from premises you own, rent or arising out of the operation of any of the
occupy; equipment listed in paragraph f.(2) or
(b) At or from any site or location used by or f.(3) of the definition of "mobile equip-
for' you or others for the handling, ment" (Section V.8).
storage, disposal, processing or treat- h. "Bodily injury"or"property damage"arising
ment of waste; out of:
(c) WhicH,are'at any time transported, han- (1) The transportation of "mobile equip-
r,^ diedrstored,treated,disposed of,or pro- ment" by an "auto" owned or operated
cessed as.waste by or for you or any per- by or rented or loaned to any insured; or
son or..organization for whom you maybe (2) The use of "mobile equipment" in, or
',legally.responsible;,or while in practice or preparation for, a
(d) At'or,from any site or location on which prearranged racing; speed or demolition
you or any contractors or subcontractors contest or.in any stunting activity.
` working directly or indirectly on your 1. "Bodily injury"or"property damage"due to
behalf are performing operations: war, whether or not declared, or any act or
(1) •if the pollutants are brought on or to condition'incident to war. War includes civil
the site or location in connection with war,insurrection,rebellion or revolution.This
=; such operations; or exclusion applies only to liability assumed
(il) if-the operations are to test for, under a:contract or,agreement.
monitor;;clean up, remove, contain, J. ','Property damage",to:
,treat,, detoxify, :or, neutralize the
pollutants. (1) Property you own, rent, or.occupy;
` (2) Any loss, cost,.or expense arising out of any (2) Premises you sell,give away or abandon,
governmental direction or request that you if the "property damage" arises out of
tepst for,,monitor, clean up, remove, contain, any part of those premises;
treat, detoxlfy;or neutralize,pollutants. (3) Propertyloaned to you; .
Pollutants means any.solid, liquid, gaseous or (4) Personal property in your care, custody
:'thermal irritant or contaminant,including smoke, or control;
"Vapor, soot, fumes, acids, alkalis; chemicals and (5) That particular part of real property on
waste. Waste includes materials to'be'recycled, which you or any contractors or subcon-
reconditioned or reclaimed.
g. "Bodily injury"or"property damage"arising out tractors working directly or. indirectly on
of the ownership, maintenance, use or entrust- your behalf are performing operations, if
merit ;.to,.others of any, aircraft;. "auto" or the property damage arises out of
Ji watercraft owned or operated.by.or rented or
those operations; or
loaned to any insured. Use includes operation and (6) That particular part of any property that
"loading.or unloading:',' must be restored, repaired or replaced
This exclusion does not apply to., because"Your work"was incorrectly per-
formed it.
(1) A watercraft.while ashore.on.premises
on '
(2)of this exclusion does not apply
YOU own or rent;
Paragraph e .
if the premises are.''your work" and were
f2),A.w�tercraf 'you`do riot.own'`that is: never occupied, rented or held for rental by
{ .(a) Less than 26 feet lopg;,and,. YOU,,
(ti),Not being used to,carry persons or
Paragraphs(3), (4), (5) and (6) of this exclu-
"' .,:.,, ,•,property,for a,charge;, sion do not apply.to liability assumed under a
(S); Parking an,"ayto,"on,or on the ways next sidetrack agreement...
to, p.rernis�s.you"own or.rent, proVid�d Paragraph(6)of this exclusion does not apply
the "auto" is not owned',by or.rented or to ."property.damage" included„in the "pro-
loaned to you or the insured; ducts-completed,operations hazard.”
It. "Property damage" to "your product" aris-
ing out of it or any part of it.
Page 2 of 0 Copyright, Insurance Services Office, Inc., 1982, 1984 CG 00 011185
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
I. "Property damage" to "your work" arising (2)'We may investigate and settle any claim
out of it or any part of it and included in the or "suit" at our discretion; and
'products-completed operations hazard." (3) Our right and duty to defend end when we
This exclusion does not apply if the damaged have used up the applicable limit of insur-
work or the work out of which the damage ante in the payment of judgments or set-
arises was performed on your behalf by a tlements under Coverages A or B or medi-
subcontractor. cal expenses under Coverage C.
m. "Property damage" to "impaired property" b. This insurance applies to "personal injury"
or property that has not been physically only if caused by an offense:
injured, arising out of: (1) Committed in the "coverage territory"
(1) A defect, deficiency, inadequacy or dan- during the policy period;and
gerous condition in,"your product" or (2) Arising out.of the conduct of your busi-
"your work;',' or Mess, excluding advertising. publishing,
(2) A delay or failure by you or anyone acting broadcasting or telecasting done by or for
on your behalf to,perform a contract or you.
agreement in accordance with its terms. c. This insurance•applies to"advertising injury"
This exclusion does not apply to the loss of use only if caused by an offense committed:
of other property arising out of sudden and (1) In the "coverage territory" during the
accidental physical injury to "your product" policy period;and
or "your work" after it has been put to its in-.
tended use. (2) to the course of advertising your goods,
n. Damages claimed for any loss, cost or ex- Products or.services.
pense incurred by you or others for the loss of 2. Exclusions.
Use, withdrawal,,recall,. inspection, repair, This insurance does not apply to:
replacement, adjustment, removal or dis- a. "Personal injury":or. "advertising injury:"
posal of: (1) Arising out of oral or written publication of
(1) "Your product;" material, if done by or at the direction of
(2) "Your work;" or the insured with knowledge of its falsity;
(3) "Impaired property; (2) Arising out of oral or written publication of
if such product, work,'or property is with- material whose first publication took
drawn or recalled from the market or from place before the beginning.of the policy
use by any person or organization because of period;
a.known,or suspected.defect, deficiency, (3) Arising out of the willful violation of a
inadequacy or.dangerous condition in it. penal statute or ordinance committed by
• Exclusions c. through n. do not apply to damage or with the consent of the insured; or.
by fire to premises rented to you.A separate limit (4) For which the insured has assumed liabil-
of insurance applies to this coverage as described ity iq a contract or agreement,This exclu-
iri SECTION III — LIMITS OF INSURANCE. sion does not-apply to liability for dam-
ages ADVERTIS- ages that the insured would have in the
CQVERAGE 6,ING INJURY LIABILITY absence of the contract or agreement.
b. "Advertising injury" arising out of::
1. Insuring Agreement.
(1) Breach of contract, other than misap-
a. We will pay those sums that the insured propriation of advertising ideas under an
;"becomes`legally obligated to pay as damages implied contract;;
because of "personal injury" or "advertising
injury" to which this insurance applies. No (2) The failure of goods,products or services
other obligation or liability to pay sums or per- to conform with advertised quality or
performance; ,
,form.acts or services is covered unless ex-
plicitly provided for under SUPPLEMENTARY (3) The wrong description of the price of
PAYMENTS—COVERAGES A AND B. We will goods, products or services; or
have the right and duty.to.defend any "suit" (4) An offense committed,by an insured
seeking those damages. But: whose business is advertising,broadcast-
(1) The amount we will pay for damages is ing, publishing or telecasting.
limited,,as described in SECTION III —
LIMITS OF INSURANCE;
CG 00.01,1185' Copyright, Insurance Services Office,:Inc., 1982, 1984 Page 3 of 9
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
COVERAGE C. MEDICAL PAYMENTS SUPPLEMENTARY PAYMENTS -- COVER-
1. Insuring Agreement. AGES A AND R
a.' We will pay medical expenses as described We will pay, with respect to any claim or "suit" we
below for"bodily injury" caused by an acci- defend:
dent: 1. All expenses we incur.
(1) On premises you,own or rent; 2. Up to$250 for cost of bail bonds required because
(2) On ways next to premises you own or of accidents or traffic law violations arising out of
rent; or the use of any,vehicle to which the Bodily Injury
(3) Because of you operations; Liability Coverage applies.We do not have to fur-
nish these bonds.
provided that: 3. The cost of`bonds to release attachments, but
(1) The accident takes place in the "cover- only for bond amounts within the applicable limit
age territory" and during,the policy of insurance. We do not have to furnish these
period; bonds.
(2) The expenses are incurred and reported 4. All reasonable expenses incurred by the insured
to us within one year of the date of the at our request to assist us in the investigation or
accident; and; defense of the claim or "suit," including actual
(3) The injured person submits to examina- loss of earnings up to$100 a day because of time
tion,at our expense,by physicians of our off from work. '
.,choice as often as we reasonably require. 5. All costs taxed against the insured in the "suit."
b. We will make these payments regardless of 6. Pre-judgment interest awarded against the in-
fault. These payments will not exceed the sured on that part of the judgment we pay. If we
applicable limit of insurance. We will pay make an offer to pay the applicable limit of insur-
reasonable expenses for: ance, we will not pay any pre-judgment interest
(1) First aid at the time of an accident; based on'that period of time after the offer.
`(2) Necessary medical, surgical, x-ray and 7. All interest on the full amount of any judgment
dental services, including prosthetic de- that accrues after entry of the judgment and
vices; and before we have paid,offered to pay, or deposited
(3) Necessary ambulance, hospital, proles- in court the part of the judgment that is within the
sional nursing and funeral services. applicable limit of insurance.
2. EXClusiona. These payments will not reduce.the.limits of insur-
:.We will not pay expenses for "bodily injury:" ance.
a. To any insured. SECTION 11 — WHO IS AN INSURED
b: To a person hired to do work for or on behalf of 1. If you are designated in the Declarations as:
any insured or a tenant of any insured. A., ,An individual, you and your spouse are in-
c.: To.a person-injured on that part of premises sureds, but only with respect,to the.conduct
of a business of which you are the sole owner.
•you own or rents that the person normally
occupies. b. A partnership or joint venture,.you are an,
d: `To a person, whether or not an employee of insured. Your members, your partners, and
any insured;if benefits for the"bodily injury" their spouses are also insureds,but only with
are payable or, must be provided under a respect to the conduct of;your,.business:.
workers compensation or disability benefits c. An organization other than:a partnership or
law or a similar law. joint venture, you are an,insured. Your ex-
.6i ,To.a person injured while taking part In athlet- ecutive officers and directors are insureds,
ics. but only with.respect to.their duties as your
f. Included within the"products-completed op- officers or directors. Your stockholders are
eratfons hazard." • also insureds, but only with respect to their
liability as stockholders.,.
g. Excluded under Coverage A. 2. 'Each of the folloWing is also an insured:
h. Due to War, whether or not'declared, or any A. Your employees, other than your executive
act or condition incident'to war.War includes officers, but only for acts within the scope of
civil war, insurrection, rebellion or revolution. their employment'by'you. However, none of
these employees is an insured,for:
Page 4 of 9 Copyright, Insurance Services Office, Inc., 1982, 1984 CG 00 011185
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
(1) "Bodily injury" or "personal injury" to b. Coverage A does not apply to"bodily injury"
you or to a co-employee while in the or "property damage" that occurred before
course of his or her employment; or you acquired or formed the organization;and
(2) "Bodily injury" or"personal injury"aris- C. Coverage B does not apply to' "personal
ing out of his or her providing or failing to injury" or "advertising injury" arising out of
provide professional health care services; an offense committed before you acquired or
or, formed the organization.
(3) "Property damage" to property owned No person or organization is an insured with respect
or occupied by or rented or loaned to that to the.conduct of any current or past partnership or
employee, any of your other employees, joint venture that is not shown as a Named Insured in
or any of your partners or members (if the Declarations.
you are a partnership or joint venture). SECTION 111 -- LIMITS OF INSURANCE
b. Any person (other than your employee), or 1. The Limits of.Insurance shown in the Declarations
any organization while acting as your, real and the rules below fix the most we will pay
estate manager. s egardles of of the number of:
c. Any person or organization having proper regardless rules
temporary custody of your property if you die,
but only: b. Claims made or"suits" brought; or.
(1) With respect to liability arising out of the c. Persons or organizations making claims or
maintenance or use of that property;and bringing "suits."
(2) Until your legal representative has been 2. The General Aggregate Limit is the most we will
appointed. pay for the sum of:
d. Your legal representative if you die, but only a. Medical expenses under Coverage C; and
with respect to duties as such.That represen- b. Damages under.Coverage A and Coverage B,
tative will have all your rights and duties except damages because of injury and dam-
under this Coverage Part. age included in the "products-completed
3. With1tespect'to-"mobile equipment"registered in operations hazard."
your name'under any motor vehicle registration 3. The Products-Completed Operations Aggregate
law, any person is an insured while driving such Limit is the most we will pay under Coverage A for
equipment along a public highway with your per- damages because of injury and damage inc!uded
mission.Any other person or organization respon- in the "products-completed operations hazard."
Bible.for the conduct of such person is also an 4. Subject to 2.above,the Personal and Advertising
insured, but only with respect to liability arising Injury Limit is the most we will pay under Cover-
out of,the operation of the equipment,and only if age B for the sum of all damages because of all
no other insurance of any kind is available to that ,personal injury"and all"advertising injury"sus-
person or organization for.this liability. However, tained by any one person or organization.
no person or organization is an insured with 5. Subject to 2. or 3. above,whichever applies, the
respect to: Each Occurrence Limit is the most we will pay for
a. Bodily.Injury" to a co-employee of the per the,sum of:
son driving the equipment; or a• Damages under Coverage A; and
b. .."Property damage" to property owned by, b. Medical expenses under Coverage C
rented to,in the charge of or occupied by you
. ...or'the,employer of any person who is an because of all "bodily injury"and"'property dam-
insured under this provision. age" arising out of any one "occurrence."
4. Any organization you newly acquire or form,other 6. Subject to 5. above,the Fire Damage Limit is the
than a partnership or joint venture, and over most,we will pay under Coverage,A for damages
which,you maintain ownership or majority inter- because of property damage to premises
..est,will be deemed to be a Named Insured if there rented to you arising out.of any one fire.
is no"other similar insurance available to that 7. Subject to-5. above,the Medical Expense Limit is
organization. Howe.yer: the most we will pay under Coverage C for all med-
a. Coverage under this provision is afforded only
ical expenses because of "bodily injury" sus-
until the 90th day after you acquire or form tained by any one person.
the organization or the end of the policy
period, whichever is earlier;
CG 00 01'1185 Copyright; Insurance Services Office, Inc., 1982, 1984 Page 5 of.9;
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
The limits of this Coverage Part apply separately to A person or organization may sue us to recover on
each consecutive annual period and to any remaining an agreed settlement or on a final judgment
period of less than 12 months;starting with the begin- against an insured obtained after an actual trial;
ning of the policy period shown In the Declarations, but we will not be liable for damages that are not
unless the policy period is extended after issuance for payable under the terms of this Coverage Part or
an additional period of less than 12 months. In that that are in excess of the applicable limit of insur-
case,the additional period will be deemed part of the ance. An agreed settlement means a settlement
last preceding period for purposes of determining the: and release of liability signed by us,"the insured
Limits of Insurance, the claimant or the claimant's legal repre-
SECTION IV --- COMMERCIAL GENERAL sentative.
LIABILITY CONDITIONS 4. Other Insurance.
1. Bankruptcy. If other valid and collectible insurance is available
to the insured for a loss we cover under Coverages
Bankruptcy or insolvency of the insured or.,of the A or B of this Coverage Part, our obligations are
insured's estate will not relieve us of our,obliga- limited as follows:
tions under this Coverage Part.
2. Duties In The Event Of Occurrepce, Claim Or a. Pr,imary.lnsurance
Sult. This insurance is primary except when b.
a. You'must see to it that we are notified prompt- below applies.If this insurance is primary,our
'ly of'an "occurrence" which may result in a obligations are not affected unless any of the
claim. Notice should include: other.insurance is also primary.Then,we will
(1) How, when and where the ''occurrence share with.all that other insurance,by the
took place; and method described in c. below'.,
(2) The names and addresses of any:injured b. Excess Insurance
This insurance is excess over.an of the other
'persons and witnesses: �� • � � Y
b. If a claim is made or"suit"is brought against insurance, whether primary, excess, con-
any insured,you must see to it that we receive tingent or on any other basis:
prompt written notice of"theclaim or"suit." (1) That is Fire,Extended Coverage,Builder's
c. You and any other involved insured must: Risk, Installation;Risk or similar coverage
` (1) Immediately send us copies of any de-
for "your work;"
2 That is Fire insurance for premises.tented
mands,"notices, summonses or�"legal'pa- ( ) P
pers received in connection witfi'the to you-..or
claim or_"suit;" '(3) If the loss'arises out of the'maintenance
(2) Authorize us to obtain 'records and other or use of aircraft, "autos" or watercraft
information; to the extent not subject to Exclusion g.of
( )3 Cooperate with us in the �nvesti ation, Coverage A(Section I)'.
settlement or defense of�the claim or When this insurance is excess,we will have no
"suit;" and - duty 'under Coverage A or B to defend-any
(4) Assist us, `upon our request,.in the en- claim or "suit" that any other insurer has a
forcement of any right against any person duty to defend.If no other insurer"defends;;we
or organization which may be liable to the will undertake to'do so, but we will be entitled
insured because of injuryor damage to to the insured's rights against all those other.
which this insurance may also apply. insurers.
d. No insureds will, except at their,own cost, When this insurance is excess over other in-
Voluntarily.make a payment, .assume any
obligation, surance , we will pay only our Share of the
' n, or incur any expense,:other than iamount of the loss, If-any, that exceeds"then
for first aid, Without our consent. ., sum of:
3. Legal Action Against Us. (1) The total amount,that all such other
No person or organization has a right,under.this Insurance would pay for the loss In'the
absence of this insurance; and
Coverage Part:
" ia
a. To join us as a party or otherwise bring us into (2) The total of all dedctibie and"self-insured amounts under all that:other insurance.
"suit"suit asking for damages from ari insured;
or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
Page 6 of 9 Copyright,,Insurance Services Office, Inc., 1982, 1984 CG 00 01 11 85
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
We will share the remaining loss, if any, with 8. Transfer Of Rights Of Recovery Against Others
any other insurance that is not described in To Us.
this Excess Insurance provision and was not If the Insured has rights to recover all or part of
bought specifically to apply in excess of the any payment we have made under this Coverage
Limits of Insurance shown in the Declarations part, those rights are transferred to us. The
of this Coverage Part. insured must do nothing after loss to impair them.
c. Method of Sharing At our request, the insured will bring "suit" or
If all of the other insurance permits contribu- transfer those rights to us and help us enforce
tion by equal shares,we will follow this meth- them.
od also. Under this approach each insurer SECTION V -- DEFINITIONS
contributes equal amounts until it has paid its 1. "Advertising injury" means injury arising out of
applicable limit of Insurance or none of the one or more of the following offenses:
loss remains, whichever comes first.
If any of the other insurance does not permit a. Oral or written publication of material that
contribution by equal shares, we will con- slanders or libels a person or organization or
tribute by limits. Under this method, each disparages a person's or organization's
insurer's share is based on the ratio of its goods, products or services;'
'applicable limit of insurance to the total appli- b. Oral or written publication of material that
cable limits of insurance of all insurers. violates a person's right of privacy;
S. Premium Audit. c. Misappropriation of advertising ideas or style
a. We will compute all premiums for'this Cover- of doing business; or
age Part in accordance with our rules and d. Infringement of copyright, title or slogan.
rates. 2. "Auto" means a land motor vehicle, trailer or
b. Premium shown in this Coverage Part as semitrailer designed for travel on public roads,
advance premium is a deposit premium only. including any attached machinery or equipment.
At the close of each audit period we will com- But"auto"does not include"mobile equipment."
pute the earned premium for that period. 3. "Bodily injury" means bodily injury, sickness or
Audit premiums are due and payable on disease sustained by a person, including death
notice to the first Named Insured. If the sum resulting from any of these at any time.
of the advance and audit premiums paid for 4• "Coverage territory" means:
the policy term is greater than the earned a. The United States of America (including its
premium, will return the excess to the first territories and possessions), Puerto Rico and
Named Insured.ed. Canada;
c. The first Named Insured must keep records of
the information we need for premium com- b. International waters or airspace, provided
putation,and send us copies at such times as the injury or damage does not occur in the
We may request. course of travel or transportation to or from
any place not included in a. above; or
6., ftepre�entation:.
sy acce tiri this olic c. All parts of the world if:
P g P; y, you agree:
a. The statements in the Declarations are accu- (1) The injury or damage arises out of:
t rate and complete; (a) Goods or products made or sold by,
you in the territory described in a.
b. Those statements are based upon represen- above; or
tations you made to us, and (b) The activities of-a person whose
c. We have issued this policy'in reliance upon ' home is in the territory described in
, your representations. a. above,but Is away for a short time
7. Separation Of Insureds. on your.business; and
Except with respect to the Limits of Insurance, (2) The insured's responsibility to pay dam-
and any rights or duties specifically assigned in ages is determined In a "suit" on the
this Coverage Part to the first Named Insured, merits, in.the territory described in a.
this Insurance applies: above or in a settlement we agree to.
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each Insured against whom
claim is made or "suit" is brought.
CG 00 011185 Copyright, Insurance Services Office, Inc„ 1982, 1984 Page TO 9;
COMMERCIAL GENERAL LIABILITY
COVERAGE,FORM
3. "Impaired property" means tangible property, c. That indemnifies any person or organization
other than "your product" or "your work," that for damage by fire to premises rented or ASk
cannot be used or is less useful because: loaned to you.
a. It incorporates "your product" or "your 7. "Loading or unloading" means the handling of
work" that is known or thought to be defec- property:
tive; deficient,'inadequate or dangerous; or a. After it is moved from the place where it is
b. - You have failed to fulfill the terms of a con- accepted for movement into or onto an
tract or agreement; aircraft, watercraft or "auto;"
if such property can be restored to use by: b. While it is in or on an aircraft, watercraft or
a. The repair, replacement, adjustment or re- "auto;" or
moval of '`your product" or "your work;" or C. While it is being moved from an aircraft,
b. Your fulfilling the terms of the contract or watercraft or"auto" to the place where it is
agreement. finally delivered;
6. " "Insured contract" means: but "loading or unloading" does not include the
a. A lease of premises; movement of property by means of a mechanical
device, other than a hand.truck,.that is not
b. A sidetrack agreement; attached,to the aircraft, watercraft or"auto."
c. An easement or license agreement in connec- 8. "Mobile equipment" means any of the following
tion with vehicle or pedestrian private types of land vehicles, including any attached
railroad crossings at grade; machinery or equipment:
d. Any other easement agreement, except in a. Bulldozers, farm machinery, forklifts and
connection with construction or demolition other vehicles designed for use principally off
operations on or within 50 feet of a railroad; public roads;
. e.._ An. indemnification of a municipality as b.. Vehicles maintained for use solely on or next
required by ordinance, except in connection to premises you.own or rent;
with work for a municipality; c. Vehicles that travel on crawler treads;
f. .An elevator maintenance agreement; or d. Vehicles,whether self-propelled or not,main-
g. That part of any other contract or agreement twined primarily to provide mobility to perma-
pertaining to your business under which you nently mounted:
assume the tort liability of another to pay
damages because of"bodily injury"or"prop- (1) Power cranes, shovels, loaders, diggers
erty damage" to a third person or organiza- or drills; or
tion, if the contract or agreement is made (2) Road construction or resurfacing equip-
prior to the"bodily injury"or"property dam- ment such as graders,scrapers or rollers;
age."Tort liability means a liability that would e. Vehicles not described in.a., b:,c.or d.above
be imposed by law in the absence of any con- that are not self-propelled and are maintained
tract-'or agreement; primarily to provide mobility to permanently.
An "insured contract" does`not include that part attached equipment of the following types:
of,any contract or agreement:, (1) A'ir"compressors, pumps andgenerators,
a.• That.indemnifies an.architect, engineer or including spraying, welding, building
..surveyor for injury or damage arising out of: cleaning, geophysical exploration, light-
(1) Preparing,approving orfailing to prepare ing and well servicing equipment; or
or approve maps, drawings, opinions, re- (2) Cherry pickers and similar devices used
ports,surveys,.change orders,designs or to raise or lower workers;
t ,6. =specifications; or, :,,, f. Vehicles not described in a.,b,,c.or d.above
(2) Giving directions or instructions,Qr failing maintained primarily for purposes other than
to give them;if that is the primary cause the transportation of persons or cargo.
of the injury or damage; However, self-propelled vehicles with the y
b. ` Under which the insured,if an architect,engi- following types of permanently attached
neer or surveyor; assumes liability for injury equipment are not "mobile equipment" but
or damage arising out of the insured's render- will be considered "autos:"
ing or failing to render professional services, (1) Equipment designed primarily for:
including those listed in a. above and super-
visory, inspection or engineering services; or (a) Snow removal;
Page &of 9 Copyright, Insurance Services Office, Inc., 1982, 1984 CG 00 011185
1 ,
I 1
COMMERCIAL GENERAL LIABILITY
COVERAGE FORM
(b) Road maintenance, but not con- c. This hazard does not include "bodily injury"
struction or resurfacing; or "property damage" arising out of:
(e) Street cleaning: (1) The transportation of property, unless
(2) Cherry pickers and similar devices the injury or damage arises out of a condi-
mounted on automobile or truck chassis tion in or on a vehicle created by the
and used to raise or lower workers; and "loading or unloading" of it;
(3) Air compressors, pumps and generators, (2) The existence of tools, uninstalled equip-
including spraying, welding, building ment or abandoned or unused materials:
cleaning, geophysical exploration, light- (3) Products or operations for which the
ing and well servicing equipment. classification in this Coverage Part or in
9. "Occurrence" means an accident, including con- our manual of rules includes products or
tinuous or repeated exposure to substantially the completed operations.
same general harmful conditions. 12. "Property damage" means:
10. "Personal injury" means injury, other than a. Physical injury to tangible property, including
"bodily injury," arising out of one or more of the all resulting loss of use of that property; or
following offenses: b. Loss of use of tangible property that is not
a. False arrest, detention or imprisonment; physically injured.
b. Malicious prosecution; 13. "Suit" means a civil proceeding in which dam-
c. Wrongful entry into, or eviction of a person ages because of "bodily injury," "property dam-
from, a room, dwelling or premises that the age," "personal injury"or"advertising injury"to
person occupies; which this insurance applies are alleged. "Suit"
d. Oral or written publication of material that includes an arbitration proceeding alleging such
slanders or libels a person or organization or damages to which you must submit or submit
disparages a person's or organization's goods, with our consent.
products or services; or 14. "Your product" means:
e. Oral or written publication of material that a. Any goods or products, other than real prop-
violates a person's right of privacy. erty, manufactured, sold, handled, distrib-
11. a. "Products-completed operations hazard" uted or disposed of by:
includes all "bodily injury" and "property (1) You;
damage" occurring away from premises you (2) Others trading under your name; or
own or rent and arising out of"your product" (3) A person or organization whose business
or "your work" except: or assets you have acquired; and
(1) Products that are still in your physical b. Containers (other than vehicles), materials,
possession; or parts or equipment furnished in connection
(2) Work that has not yet been completed or with such goods or products.
abandoned. "Your product" includes warranties or represen-
b. "Your work"will be deemed completed at the tations made at any time with respect to the fit-
earliest of the following times: ness, quality,durability or performance of any of
(1) When all of the work called for in your con- the items included in a. and b. above.
tract has been completed. "Your product" does not include vending ma-
(2) When all of the work to be done at the site chines or other property rented to or located for
has been completed if your contract calls the use of others but not sold.
for work at more than one site. 15. "Your work" means:
(3) When that part of the work done at a job a. Work or operations performed by you or on
site has been put to its intended use by your behalf; and
any person or organization other than b. Materials, parts or equipment furnished in
another contractor or subcontractor connection with such work or operations.
working on the same project. 'Your work" includes warranties or representa-
Work that may need service, maintenance, tions made at any time with respect to the fitness,
correction, repair or replacement, but which quality, durability or performance of any of the
is otherwise complete,will be treated as com- items included in a. or b. above.
pleted.
CG 00 011185 Copyright, Insurance Services Office, Inc„ 1982, 1984 Page 9 of 9
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SPECIFICATIONS AND CONTRACT DOCUMENTS
1989 COLD MILLING PROJECT
IX
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Jefferson City, Missouri
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TABLE OF CONTENTS
Advertisement for Bids
Instruction to Bidders
Bid Form
Anti-Collusion Statement
Contractor's Affidavit
Affidavit of Compliance with Prevailing Wage Law
Prevailing Wage Determination
Certificate of Insurance
Construction Contracts
Performance and Payment Bond
Minority Business Enterprise Statement
Statement of Minority Business Utilization Committment
General Provisions
Technical Specifications
1
1
ctD t 0 4!
Je r s ® n Louise Gardner
. .. ... ... ...._..........,,.., .. MAYOR.' . ._
320 E.McCarty St. -~ Y 314-634.6300
Jefferson City,Missouri 65101
ADVERTISEMENT FOR BIDS
Sealed bids will be received at the office of the Purchasing Agent,
320 East McCarty Street, Jefferson City, Missouri 65101, until
1:30 p.m. , Tuesday, April 4, 1989. The bids will be opened and
read aloud in the Council Chambers at 1:30 p.m. on that same day.
The proposed work includes all labor, equipment, material, and
incidental work for the 091989 Cold Milling Projectil.
Copies of the contract documents required for bidding purposes may
be obtained from the Director of Public Works, 320 East McCarty
' Street, Jefferson City, Missouri.
The City reserves the right to reject any and all bids and to waive
informalities therein, to determine which is the lowest and best
' bid and to approve the bond.
CITY OF JEFFERSON
' James Hartley
Purchasing Agent
lg
IB-1 6COPE OE WORK
The work to be done under this contract includes the furnishing of
all technical personnel, labor, materials, and equipment required
to perform the 1989 Cold Milling Project in accordance with the
contract documents and specifications on file with the Department
of Public Works.
IB-2 INSPECTION OF PLANS gPECIFICATIONS AND SITE OF WORK
The bidder is required to examine carefully the site of the
proposed work, the bid, plans, specifications, supplemental
specifications, special provisions, and contract documents before
submitting a bid.
IB-3 INTERPRETATION OF CONTRACT DOCUMENTS
If the bidder has any questions which arise concerning the true
meaning or intent of the Plans, Specifications or any part thereof,
which affect the cost, quality, quantity, or character of the
project, he shall request in writing that an interpretation be made .
and an addendum be issued by the City, which shall then be
delivered to all bidders to whom Plans and Specifications have been
issued. Failure to have requested an addendum covering any
questions affecting the interpretation of the Plans and
Specifications shall not relieve the Contractor from delivering the
completed project in accordance with the intent of the Plans and
Specifications to provide a workable project.
IB-4 QUALIFICATIONS OF BIDDERS
The City of Jefferson and/or the County of Cole may make such
investigations as deemed necessary to determine the ability of the
bidder to perform the work and the bidder shall furnish to the City
and County all such information and data for this purpose as the
City or County may request. The City and County reserve the right
' to reject any bid if the evidence submitted by the bidder or
investigation of such bidder fails to satisfy the City and County
that such bidder is properly qualified to carry out the obligations
of the Contract and to complete the work contemplated therein.
IB-5 EQUIVALENT MATERIAL
Wherever definite reference is made in these Specifications to the
use of any particular material or equipment, it is to be understood
that any equivalent material or equipment may be used which will
' perform adequately the duties imposed by the general design,
subject to the approval of the City and/or County.
' IB-6 BID SECURITY
Each bid must be accompanied by a certified check or bid bond made
payable to the City of Jefferson for five percent (5%) of the
amount of the bid for work in the City and a certified check or bid
bond made payable to the County of Cole for five percent (5%) of AIM
the amount of the bid for work in the County. Bid securities will
be returned after award of the contract except to the successful
bidder.
Should the successful bidder fail or refuse to execute the bond
and the contract required within seven (7) days after he has
received notice of acceptance of his bid, he shall forfeit to the
City and County as liquidated damages for such failute or refusal,
the security deposited with his bid.
IB-7 PREPARATION OF BIDS
Bid must be made upon prescribed forms attached in these Contract
Documents. Only sealed bids will be considered, all bids otherwise
submitted will be rejected as irregular.
All sales taxes which might lawfully be assessed against the City
or County are to be paid by the Contractor from the monies obtained
in satisfaction of his Contract, it being understood by the bidder
that the bid prices submitted shall include the cost of such taxes.
All blank spaces in the bid must be filled in and no change shall
be made in the phraseology of the bid, or addition to the items
mentioned therein. Any conditions, limitations or provisions
attached to bids will render them informal and may be considered
cause for their rejection.
Extensions of quantities and unit prices shall be carried out to
the penny.
IB-8 PRICES
The price submitted for each item of the work shall include all
costs of whatever nature involved in its construction, complete in
place, as described in the Plans and Specifications.
IB-9 APPROXIMATE QUANTITIES
In cases where any part or all of the bidding is to be received on
a unit price basis, the quantities stated in the bid will not be
used in establishing final payment due the successful Contractor.
The quantities stated on which unit prices are so invited are
approximate only and each bidder shall make his own estimate from
the plans of the quantities required on each item and calculate his
unit price bid for each item accordingly. Bids will be compared
on the basis of number of units stated in the bid. Such estimated
quantities, while made from the best information available, are
approximate only. Payment of the Contract will be based on actual
number of units installed on the complete work.
IB-10 LUMP SUM ITEMS
Payment for each lump sum item shall be at the lump sum bid for
the item, complete in place, and shall include the costs of all
labor, materials, tools and equipment to construct the item as
described herein and to the limits shown on the Plans.
IB-11 SUBMISSION OF BIDS
The Bid and the Bid Security guaranteeing the same shall be placed
in a sealed envelope and marked 111989 Cold Milling Project. "
IB-12 ALTERNATE BIDS
In making the award, if alternate bids have been requested, the
alternate bid which will be in the best interest of the City and
County will be used.
IB-13 WITHDRAWAL OF BIDS
If a bidder wishes to withdraw his bid, he may do so before the
time fixed for the opening, without prejudice to himself. No
bidder may withdraw his bid for a period of ninety (90) days after
the scheduled closing time for the receipt of bids.
No bids received after the time set for opening for bids will be
considered.
IB-14 RIGHT TO REJECT BIDS
The City and County reserve the right to reject any or all bids,
to waive any informality in the bids received, or to accept the bid
or bids that in its judgement will be in the best interests of the
1 City of Jefferson and the County of Cole.
IB-15 AWARD OF CONTRACT
' If, within seven (7) days after he has received notice of
acceptance of his bid, the successful bidder or bidders shall
' refuse or neglect to come to the office of the Director of Public
Works and to execute the Contract and to furnish the required
Performance and Payment Bonds and Insurance, properly signed by
the Contractor and the Surety and Sureties satisfactory to the City
' of Jefferson and the County of Cole as -hereinafter provided, the
bidder or bidders shall be deemed to be in default and shall
forfeit the deposit.
' IB-16 PERFORMANCE AND PAYMENT BOND
' A Performance and Payment Bond in an amount equivalent to one
hundred percent (100%) of the Contract price, must be furnished
and executed by the successful bidder or bidders. A form for the
bidders use is contained in these Contract Documents.
IB-17 INDEMNIFICATION AND INSURANCE
The Contractor agrees to indemnify and hold harmless the City and
the County from all claims and suits for loss of or damage to
property, including loss of all judgments recovered therefore, and
from all expense in defending said claims, or suits, including
court costs, attorney fees and other expense caused by any act or
omission of the Contractor and/or his subcontractors, their
respective agents, servants or employees.
The Contractor shall be required to provide the City of Jefferson
and the County of Cole with a Certificate of Insurance outlining
the coverage provided.
IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER
Upon the execution of the Contract and approval of Bond, the Bid
Security will be returned to the bidder unless the same shall have
been presented for collection prior to such time, in which case the
amount of the deposit will be refunded by the City and County.
IB-19 NONDISCRIMINATION IN EMPLOYMENT
Contracts for work under this bid will obligate the Contractor and
subcontractors not to discriminate in employment practices.
IB-20 PREVAILING WAGE LAW
The principal contractor and all subcontractors shall pay not less
than the prevailing wage hourly rate for each craft or type of
workman required to execute this contract as determined by the
Department of Labor and Industrial Relations of Missouri, pursuant
to Sections 290.210 through 290.340 inclusive of the Revised
Statutes of Missouri, 1959 and as amended in 1986. (See
Determination included herewith. )
IB-21 GUARANTEE ,
The Contractor shall guarantee that the equipment, materials and
workmanship furnished under this contract will be as specified and
will be free from defects for a period of one year from the date
of final acceptance. In addition, the equipment furnished by the
Contractor shall be guaranteed to be free from defects in design.
Within the guarantee period and upon notification of the Contractor
by the City or County, the Contractor shall promptly make all
needed adjustments, repairs or replacements arising out of defects
which, in the judgment of the City or County become necessary
during such period.
The cost of all materials, parts, labor, transportation,
supervision, special tools, and supplies required for replacement '
of parts, repair of parts or correction of abnormalities shall be
paid by the Contractor or by his surety under the terms of the
Bond.
The Contractor also extends the terms of this guarantee to cover
repaired parts and all replacement parts furnished under the
guarantee provisions for a period of one year from the date of
installation thereof.
If within ten days after the City or County gives the Contractor
notice of defect, failure, or abnormality of the work, the
Contractor neglects to make, or undertake with due diligence to
make, the necessary repairs or adjustments, the City or County is
hereby authorized to make the repairs or adjustments itself or
order the work to be done by a third party, the costs of the work
to be paid by the Contractor.
In the event of an emergency where, in the judgment of the City or
County, delays would cause serious loss or damage, repairs or
adjustments may be made by the City or County, or a third party
1 chosen by the City or County, without giving notice to the
Contractor, and the cost of the work shall be paid by the
Contractor or by his surety under the terms of the Bond.
IB-22 NOTICE TO PROCEED
A written notice to begin construction work will be given to the
Contractor by the City of Jefferson within ten (10) days after. the
Contract is executed. The time for completion of the project shall
begin to run on the date established in this notice.
A written notice to begin construction work will be given to the
Contractor by the County of Cole within ten (10) days after the
' Contract is executed.
These notices will be coordinated so that the Contractor is not
expected in two locations at the same time.
IB-23 WORK SCHEDULE
' To insure that the work will proceed continuously through the
succeeding operations to its completion with the least possible
interference to traffic and inconvenience to the public, the
e Contractor shall, at the request of the City or County, submit for
approval a complete schedule of his proposed construction
procedure, stating the sequence in which various operations of work
are to be performed.
' IB-24 CONTRACT TIME
' The contract time for the work in the City of Jefferson shall be
thirty (30) calendar days.
The contract time for the work in the County of Cole shall be
thirty (30) calendar days.
IB-25 LIQUIDATED DAMAGES
Liquidated damages shall be assessed at the rate of $100.00 per
calendar day until the City of Jefferson work is complete, should
the project not be completed within the thirty (30) calendar days.
Liquidated damages shall be assessed at the rate of $100.00 per
calendar day until the County of Cole work is complete, should the
project not be completed within the thirty (30) calendar days.
1
r .
e
Name of Bidder HID FORM
Address of Bidder
To: CITY OF JEFFERSON
320 East McCarty Street
Jefferson City, Missouri 65101
THE UNDERSIGNED BIDDER, having examined the plans, specifications,
regulations of the Contract, Special Conditions, other proposed
contract documents and all addenda thereto; and being acquainted
with and fully understanding (a) the extend and character of the
work covered by this Bid; (b) the location, arrangement, and
specified requirements for the proposed work; (c) the location,
character, and condition of existing streets, roads, highways,
railroads, pavements, surfacing, walks, driveways, curbs, gutters,
trees, sewers, utilities, drainage courses, structures, and other
installation, both surface and underground which may affect or be
affected by the proposed work; (d) the nature and extent of the
excavations to be made and the type, character, and general
condition of materials to be excavated; (e) the necessary handling
and rehandling of excavated materials; (f) the location and extent
of necessary or probable dewatering requirements; (g) the
difficulties and hazards to the work which might be caused by storm
and flood water; (h) local conditions relative to labor,
transportation, hauling, and rail delivery facilities; and (i) all
other factors and conditions affecting or which may be affected by
the work.
HEREBY PROPOSED to furnish all required materials, supplies,
equipment, tools, and plant; to perform all necessary labor and
. supervision; and to construct, install, erect, and complete all
work stipulated, required by, and in accordance with the proposed
contract documents and the drawings, specifications, and other
documents referred to therein (as altered, amended, or modified by
addenda) in the manner and time prescribed and that he will accept
in full payment sums determined by applying to the quantities of
' the following items, the following unit prices and/or any lump sum
payments provided, plus or minus any special payments and
adjustments provided in the specifications and he understands that
the estimated quantities herein given are not guaranteed to be the
' exact or total quantities required for the completion of the work
shown on the drawings and described in the specifications, and that
increases or decreases may be made over or under the Contract
estimated quantities to provide for needs that are determined
during progress of the work and that prices bid shall apply to such
increased or decreased quantities as follows:
ALTERNATE BID AND SUBCONTRACTORS
The Contract provides for alternates for payment and storm sewer
pipe at the Contractor's discretion. The Bidder shall state in
the spaces below whether he intends to use asphalt or concrete for
pavement and corrugated metal pipe or reinforced concrete pipe for
Storm Sewers where an alternate is allowed.
If the Bidder intends to use any subcontractors in the course of
the construction, he shall list them.
TIME OF COMPLETION
The undersigned hereby agrees to complete the project for the City
of Jefferson within thirty (30) calendar days and for the County
of Cole within thirty (30) calendar days, subject to the
stipulations of the regulations of the Contract and the Special
Provisions.
It is understood and agreed that if this bid is accepted, the
prices quoted above include all applicable state taxes and that
said taxes shall be paid by the Contractor.
The undersigned, as Bidder, hereby declares that the only persons
or firms interested in the bid as principal or principals is or
are named herein and that no other persons or firms than herein
mentioned have any interest in this bid or in the Contract to be
entered into; and this bid is made without connection with any
other person, company, or parties making a bid; and that it is in
all respects fair and in good faith, without collusion or fraud.
The undersigned agrees that the accompanying bid deposit shall '
become the property of the Owner, should he fail or refuse to
execute the Contract or furnish Bond as called for in the
specifications within the time provided.
If written notice of the acceptance of this bid is mailed,
telegraphed, or delivered to the undersigned within thirty (30)
days after the date of opening of bids, or any time thereafter
before this bid is withdrawn, the undersigned will, within ten (10)
days after the date of such mailing, telegraphing, or delivering
of such notice, execute and deliver a Contract in the form of ,
Contract attached.
COLD MILLING
SCHEDULE OF QUANTITIES
CITY OF JEFFERSON
SQUARE
LOCATION LENGTH WIDTH YARDS
---------------------------------------------------------------------
HILLVIEW 1753 32 6233 •
THERESA 1625 32 5778
STEPHEN 892 33 3271
EAST ELM, CLARK E. TO CONCRETE 1940 30 6467
MORELAND 940 28 2924
LANDSDOWN 303 24 808
AMERICAN DR. ,SECT. OF OLD ASPH 399 28 1241
WILDWOOD, AMERICAN TO DEAD END 1135 31 3909
METRO,INDUSTRIAL TO NEW OVERLY 611 28 1901
HOUCHIN, ELM TO COTTAGE LANE 255 25 708
CRESTWOOD DRIVE 394 36 1576
MONROE, 200 BLOCK 449 51 2544
1 CAPITOL, 200 BLOCK 449 54 2694
E. CIRCLE, W.MAIN TO HAYSELTON 1198 30 3993
OAKRIDGE DRIVE 972 31 3348
HIGH ST. , GORDON TO MCCARTY 1390 30 4633
TOWER, PRIMROSE TO MAYWOOD 948 25 2633
SUNRISE 311 40 1382
HAYSELTON 5113 29 16475
TOTAL 72520
ITEMIZED BID
1989 COLD MILLING PROJECT
CITY OF JEFFERSON
ITEM APPROX. UNIT
NUMBER DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1.0 COLD MILLING S.Y. 72520
TOTAL
The City of Jefferson reserves the right to increase or decrease
quantities or to add additional projects at the quoted price.
1989 MILLING PROJECT STREET LISTING
FOR
THE COUNTY OF COLE, MISSOURI
STREET LENGTH SQUARE YARDS
ARDEN DRIVE 11000 1,450
SOUTH BROOKS DRIVE 1,750 2, 525
STARLITE DRIVE 11000 1, 450
BAGNALL DRIVE 11000 1,450
SHADY LANE 1,750 1,450
SHADY COURT 685 1,175
STARLITE COURT 200 475
NORTHWAY DRIVE 550 800
NORTH BROOKS 375 725
TOTAL ESTIMATED SQUARE YARDAGE 11, 500
NOTE: MILLING AREA IS MAXIMUM WIDTH OF 6.5 FEET X 2 (EACH SIDE 'OF
STREET) X ABOVE LENGTHS.
ITEMIZED BID 1989 MILLING PROJECT
FOR
THE COUNTY OF COLE, MISSOURI
ITEM # DESCRIPTION UNITS APPROX. UNIT AMOUNT
QUANTITY PRICE
1.0 MILLING S.Y. 11, 500
TOTAL
The County o
h Co n y f COLE reserves the right to increase or decrease the
quantities or to add additional projects at the quoted price.
All questions concerning this segment of the bid should be
addressed to the COLE County Director of Public Works at 314-636-
3614.
The undersigned hereby designates as his office to which such
notice of acceptance may be mailed, telegraphed, or delivered:
It is understood and agreed that this bid may be withdrawn at any
time prior to the scheduled time for the opening of bids or any
authorized postponement thereof.
Attached hereto is a Bid Bond for the sum of
($ )
Dollars (cashier's check) , make payable to the City of Jefferson.
and a Bid Bond for the sum of
Dollars (cashier's check) , make payable to the County of Cole.
Signature of Bidder:
If an individual, , doing business -
as
If a partnership, , member of firm.
by
If corporation;
by
Title
SEAL
Business Address of Bidder
If Bidder is a corporation, supply the following information:
State in which incorporated
Name and Address of its: ,
President
Secretary '
Date
t
ANTI-COLLUSION STATEMENT
STATE OF }
}
COUNTY OF }
being first
duly sworn, deposes and says that he is
TITLE OF PERSON SIGNING
of
NAME OF BIDDER
that all statements made and facts set out in the bid for the
above project are true and correct; and that the bidder (the
person, firm, association, or corporation making said bid) has
not, either directly or indirectly, entered into any agreement,
participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding in connection with such bid
of any contract which result from its acceptance.
Affiant further certifies that bidder is not financially
interested in, or financially affiliated with, any other bidder
for the above project.
1 (BY)
(BY)
Sworn to before me this day of , 19
NOTARY PUBLIC
My commission expires:
CONTRACTORS AFFIDAVIT
This affidavit is hereby made a part of the Bid, and an executed
copy thereof shall accompany each Bid submitted.
STATE OF
}
}
COUNTY OF }
The undersigned, ,
of lawful age, being first duly sworn states upon oath that he is
of
the contractor submitting the attached bid, that he knows of his
own knowledge and states it to be a fact that neither said bid nor
the computation upon which it is based include any amount of
monies, estimate or allowance representing wages, moneys or
expenses, however designated, proposed to be paid to persons who
are not required to furnish material or actually perform services
upon or as a part of the proposed project.
AFFIANT
Subscribed and sworn to before me, a Notary Public, in and for the
County and State aforesaid, this day of ,
19
NOTARY PUBLIC ,
My Commission Expires:
AFrIDAVXT
COMPLIANCE WITH PREVAILING
WAGE LAW
Before me, the undersigned Notary Public, in and for the County
of , State of personally came
and appeared
NAME
of the
POSITION
NAME OF COMPANY
(A corporation) and after being duly sworn did depose and say
that all provisions and requirements set out in Chapter 290,
Section 290.210 through and including 290.340, Missouri Revised
Statutes, pertaining to the payment of wages to workmen employed
on public works projects have been fully satisfied and there has
been no exception to the full and complete compliance with said
provisions and requirements and with Wage Determination No.
issued by the Industrial Commission of
Missouri on the day of , 19 ,
in carrying out the contract and work in connection with
located at
in County,
NAME OF PROJECT
Missouri, and completed on the day of , 19
SIGNATURE
' Subscribed and sworn to me this day of , 19
My commission expires
' NOTARY PUBLIC
M1 '
PREVAILING WAGE DETERMINATION
State Agency or Sub-Division Determination No.
Department of Public Works 89-026-0074
Location of Project Date of Issue
City County
Jefferson City Cole County March 1 , 1989
Supersedes Determination No.
Description of Work:
1989 Cold Milling Project-Cold Milling of Pavement
. Determination No. 89-026-0074 is provided upon the request of
Eugene Brumley
Department of Public Works
320 East McCarty '
Jefferson City, MO 65101
In accordance with Section 290.260 RSMo (1986), within thirty (30) days after a certified copy of this '
determination has been filed with the Secretary of State as indicated below,any person who may be affected by
this determination may object by filing an objection in triplicate with the Labor and Industrial Relations
Commission, P.O. Box 599, Jefferson City, MO 65102. Such objections must set forth in writing the specific '
grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor
Standards, P.O. Box 449, Jefferson City, MO 65102, and to the party which requested this determination,
pursuant to 8 CSR 20-5.010(1). .
FOR OFFICE USE ONLY
Filed With Secretary Of State: MAR 2 1989
Last Date Objections May Be Filed: APR 3 1989
IF slow
MO 625.0119(9-e7) ,
STATE OF MISSOURI
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
DIVfSION OF LABOR STANDARDS
PO sox a.a
JEFFERSON CITY.MISSOURI 65102 JERRY M.HUNTER
JOHN ASHCROFT °t"AP"MINT
OOVt11M0�, D111tCTOt
KEVIN DINHIDDIE
DIVISION
DIRECTOR
In accordance with your request for the prevailing hourly rate of wages for
workmen required to perform the project or construction contract identified in
your request, and pursuant to Section 290.210 to 340 V.A.M.S. , the Division of
Labor Standards, being duly informed and having fully considered the matter,
finds, determines, declares, and certifies to you and the public body you repre-
sent:
1. That the "Prevailing Hourly rate of wages" means the wages paid general-
ly, in the locality in which the public works is being erformed, to work-
men engaged in work of a similar character including the basic hourly rate
of pay and amount of the rate of contributions irrevocably made by a con-
tractor or subcontractor to a trustee or to a third person pursuant to a
fund, plan or program and the amount of the rate of cost to the contractor
or subcontractor whicA may be reasonably anticipated in providing benefits
to workmen and mechanics pursuant to an enforceable commitment to carry out
a financially responsible plan or program which was communicated in writing
to the workmen affected, for medical or hospital care, pensions on retire-
ments or death, compensation for injuries or illness resulting from occuppa-
tional activity or insurance to provide any of the foregoing, for unemploy-
ment benefits, �ife insurance, disability and sickness insurance, accident
insurance, for vacation and holiday pay, for defraying cost of apprentice-
ship or other similar programs, or for other bona fide fringge benefits, but
Fb only where the contractor or subcontractor is not required by other federal
or state law to provide any of the benefits; provided, that the obligation
of a contractor or subcontractor to make payment in accordance with the
prevailing wage determination of the department, insofar as sections
290.210 to 290.340 are concerned, may be discharged by the making of pay-
' ment in cash, by the making of irrevocable contributions to trustee or
third persons, as provided herein, by the assumption of an enforceable
commitment to bear costs of a plan or program as provided herein or any
combination thereof, where the aggregate of such payments,, contributions
and cost is not less than the rate of pay plus the other amounts as provid-
ed herein.
2. That certified copies of this determination will be filed immediately
' with the Secretary of the State of Missouri and in the files of this depart-
ment.
The Division is not authorized to fix wage rates. The applicable law allows it
to only ascertain what in fact are thg prevailing hourly wages for a given
' craft in a ggiven locality. A Locality s the county or counties where the
project is to be constructed. The law provides that not less than the prevail-
ing hourly wages determined by the Division shall be paid by a contractor or
subcontractor. A higher wage rate may be lawfully paid.
' Should objections be filed to any portion of this determination, such objection
or object ons must be specific and filed in accordance with Section 290. 60 of
the Prevailing Wage Law.
' oec man, Assistant Di-r-e-e-Fo—r
Heavy Construction Rates for COLE County (s)
Basic Fringe Benefit Payments
Crafts Hourly --
Rates H & W Pen. Vac. App.Tng. Othm
CARPENTERS
(See attached sheet for more informatio )
Journeymen 17. 92 1.18 .75 .03
Millwrights 17.92 1.18 .75 .03
Pile Driver Worker 17. 92 1.18 .75 . 03
OPERATING ENGINEERS
(See attached sheet for Classifications
Group I 15.35 2 .30 2 .70 .32
Group II- 15.00 2.30 2.70 .32
Group III 14 .80 2.30 2.70 .32
Group IV 13 .95 2.30 2.70 . 32
LABORERS
(See attached sheet for Classifications
General Laborers 14 .65 1.40 1 .65 .10
Skilled Laborers 15. 25 1.40 1 .65 .10
TRUCK DRIVERS-TEAMSTERS 1 .75 2 .00
Teamsters - (See below for Rates)
CLASSIFICATIONS RATE CLASSIFICATICNS HATE
Flat Bed Trucks - Single Axle 14 . 58 Tank agon 7_- 'f%3e_m_Xxle IT.73
Flat Bed Trucks - Tandem Axle 14 .73 Tank Wagon - Semi-Trailer 14 .85
Station Wagons 14 . 58 Insley Wagons, Dumpsters, Half-
Pickup Trucks 14 . 58 Tracks, Speedace, Euclids &
Material Trucks - Single Axle 14 . 58 other similar equipment 14 .85
Material Trucks - Tandem Axle 14 .73 A-Frame & Derrick Trucks 14 .85
Semi and /or Pole Trailers 14 . 85 Float or Low Boy 14 .85
Winch, Fork & Steel Trucks 14 .85 Warehouseman 14 .48
Distributor Drivers & Operators 14 . 85 *Tirenan, Oiler & Greaser
Agitator & Transit Mix-Trucks 14 .74 Station Attendant on Const.
Tank Wagon - Single Axle 14 . 58 **Mechanics
*The wage rate for Tirenan, Oiler & Greaser,, Station Attendant on Construction shall be the
saw as the wage rate for the oiler in the operating engineers schedule, except operating
�mgineer fringe benefits over and above any applicable teamster benefits shall be added to
teamster wages.
**The wage rate for Mechanics in the tea asters schedule shall be the same as Mechanics in
the operating engineers schedule, except that operating engineer fringe benefits over and
above any applicable teamster benefits shall be added to teamster wages.
The shift pay differential - swing shift twenty-five cents (250) per hour, graveyard shift
fifty cents (5(V) per hour, above regular rates.
OVERTIME RATE% Workmen shall be paid one 6 one-half (14) times the regular rate of gages
for all hours worked in excess of eight (8) hours per day (if working 5-89s). or ten (10)
hours per day (if working 4-10's), or forty (40) hours per weako Monday through Friday.
For all time worked on Saturday (unless Saturday is used as a- make-up day) or Sunday,
time & one-half (11 ) shall be paid.
or • 0 ISSUE DATE(MM/DD/YY)
,= g
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
ODUCER COMPANY !' BINDER NO
EFFECTIVE EXPIRATION
DATE I TPAE DATE TIME
AM 12 D1 AM
P61 NOON
THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED
COMPANY PER EXPIRING POLICY NO
CODE SUB-CODE DESCRIPTION OF OPERATION SNEHICLES,PROPERTY(INCLUDING LOCATION)
INSURED ;....; ,.
Ila
e
TYPE OF INSURANCE COVERAGES/FORMS AMOUNT DEDUCTIBLE COINSURANCE
PROPERTY
CAUSES OF LOSS
BASIC=BROAD =SPECIAL
GENERAL LIABILITY GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $
CLAMS MOE 17 OCcu,vRErrce PERSONAL&ADVERTISING INJURY $
OWNER'S&CONTRACTORS EACH OCCURRENCE $
PROTECTIVE
FIRE DAMAGE(ANY ONE FIRE) $
RETRO DATE FOR CLAIMS MADE: MEDICAL EXPENSE(ANY ONE PERSON) $
AUTOMOBILE ALL VEHICLES SCHEDULED VEHICLES CSL S
LIABILITY BI PERS14CCID Is
; Yf.• ti
NON/OWNED PD $
HIRED MED.PAY $ cZ[f+a 4
GARAGE PIP $
UM $
AUTO PHYSICAL DAMAGE ALL VEHICLES SCHEDULED VEHICLES ACV
COLLISION DED; STATED AMOUNT $
OTC DED: OTHER
EXCESS LIABILITY EACH AODREOATE SELF-INSURED
OCCURRENCE RETENTION
UMBRELLA FORM
OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS.MADE;
STATUTORY
WORKER'S COMPENSATION $ (EACH ACCIDENT)
AND $ (DISEASE•POLICY LIMIT)
EMPLOYERS' LIABILITY
$ (OISEASE•EACH EMPLOYEE)
SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES
,.J'•(.1 }I, - � �.{ f i•i. i• ri.r', � ,
i;',101.lf;+
MORTGAGEE ADpITIONAL INSURED
LOSS PAYEE
AUTHORIZED FIEPRESENTATIVE
• • ' •
CEFMFICATE OF INSURANCE I//U8 DA (MMIDOI
■i ® 5//23/89 9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
GEORGE J SIEBERS S CO INC
BOX 9340 COMPANIES AFFORDING COVERAGE
MERRIAM KS 66201 COMPAN
CODE SUB-CODE Y
LETTER A MARYLAND CASUALTY CO
COMPANY
INSURED LETTER ® MARYLAND CASUALTY CID
COMPANY
COLUMBIA CURB B GUTTER INC. LETTER C MARYLAND CASUALTY CO
4105 I-70 DR SE COMPANY
COLUMBIA PIO 65201 LETTER D MARYLAND CASUALTY CO
COMPANY
LETTER
Ct2VERl�@N3 y '
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR! DATE(MMIDDIYY) DATE(MMIDDIYY)
AGENERAL LIABILITY EPA01783290 7/01/88 7/01/89 GENERAL AGGREGATE $19000
X±COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOPS AGGREGATE'$1 V 0 0
CLAIMS MADE R OCCUR. PERSONAL&ADVERTISING INJURY s500
OWNER'S 8 CONTRACTOR'S PROT.. EACH OCCURRENCE 1 5 OO
FIRE DAMAGE(Any one fire) 1 5 0
MEDICAL EXPENSE(Any one person) s5
B AUTOMOBILE LIABILITY WAA82348144 7/01/88 7/01/89 COMBINED
SINGLE 300
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
SCHEDULED AUTOS INJURY b
(Par person)
X HIRED AUTOS BODILY
X INJURY 1
NON-OWNED AUTOS i (Per accident)
GARAGE LIABILITY
PROPERTY 1
DAMAGE
C EXCESS LIABILITY UB24020406 7/01/88 7/01/89 EACH AGGREGATE
X $ 2 1 2v000
I OTHER THAN UMBRELLA FORM
D" TC922875496 7/01/88 7/01/89 STATUTORY
WORKER'S COMPENSATION
AND / 500 (EACH ACCIDENT)
EMPLOYERS'LIABILITY i 500 (DISEASE—POLICY LIMIT)
/ 500 (DISEASE—EACH EMPLOYEE
,OTHER
i
DESCRIPTION OF OPERATIONSILOCATIONBIVEHICLEB IRESTRICTIONBIIPECIAL ITEM•
COUNTY IMPROVEMENT 1989 COLD MILLING
PROJECT CITY OF JEFFERSON ADDITIONAL IN-
SURED COUNTY OF COLE MISSOURI CITY OF JEFFERSON
:CEIiTiFICAE HOLDER:';- CANCELLATION
y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
0
u EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
COUNTY OF COLE MISSOURI MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED T'0 THE
CITY OF JEFFERSON LEFT, Bl7T'M'AILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
" 320 E HcCARTY STREET LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
cr
JEFFERSON CITY MO 65101 AUTHOIIIY.IDP/1tPRI/INTATIVI
o /
CORD ZIM$ /� .C� K/Q,, (r' " v
LL
).. OACORD CO. R.QgIlTION 1141
CERTIFICATE OF INS NCE ISSUE
�0 5DATE/2 2 3/,�9
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
G°C.3C� J :SIF:F-17 F ; ; CO INC
7
S340 COMPANIES AFFORDING COVERAGE
it F E R I A�. VS E 6 7)i 1 COMPANY
LETTER A ';ARYLAI,'D CASUAALTY CO
CODE SUB-CODE
COMPANY
INSURED LETTER ® ?'.A R Y L A N D CASUALTY CO
COMPANY C COLUZN 5IA CURE E GUT. :R INC. LETTER L,A R tL AND CASUALTY CO
4105 I-70 DR SF
,� COMPANY D i..* V '�
COIUMBIA ';d 652CJ LETTER AP. _LAND CASUALTY CC)
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
LTR DATE(MM/DD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY EPA 017 o 3 2 0 C 7/01 /E8 7/0 1/°9 GENERAL AGGREGATE $1 ! 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $1 P 0 0 0
CLAIMS MADE A OCCUR. PERSONAL&ADVERTISING INJURY $500
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $500
c
FIRE DAMAGE(Any one tire) S^r 0
MEDICAL EXPENSE(Any one person) $5
t�:AUTOMOSILE LIABILITY W A A 8 2 3 4 6 1 4 4 7/01 /88 7/01/89 COMBINED
X SINGLE
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY
X NON-OWNED AUTOS INJURY $
(Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
C EXCESS LIABILITY U P 2 402 0 4 C 5 7/01/88 7/01/b 9 EACH AGGREGATE
.{ O 9tR5% E a z p Q00
.54 OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION TC92287549E 7/01/88 7/01/89 STATUTORY
$ 500 (EACH ACCIDENT)
AND $ 500 (DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY
$ 5 0 Q (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
COUNTY INPFOVE':E 141' 1989 COLD MILLIX",
PROJECT CITY OF JTFFFRSO% ADDI'TIOAAL Its-
a
SU Fil' COUi4TY OF COLE !dISSOURI CITY OF JEFFERSON
C
c CERTIFICATE HOLDER CANCELLATION
z
a
o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
u EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
C d U�!T Y d: C U L^ Il?S C d[i R I MAIL�-�DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
CITY 0 F J E F F E p S 0 iJ LEFT, BQT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
N
320 E N CC R I'Y S T}'i;FT LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
6
C J E F F L�S O Ii CITY )S 0 65101 AUTHORIZED REPRESENTATIV
n ', V
1
'o A� bRD 35-8 3188 CACORD CORPORATION 1900.
l
X
�1PlI�t�P. CERTIFICATE OF INSURANCE IBiuE D 5/23/69 A ,
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
AM EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
C,E 0 F GE J SIFE G;fiS ,; CG INC
7
BO}! 9340 COMPANIES AFFORDING COVERAGE
I':F PR I A P K S t: 6 2 0.1 COMPANY
LETTER A VARY'LAND CASUALTY CO
CODE SUB-CODE
COMPANY
INSURED LETTER B l,A Y Y L A I'.D C A S Ii A L 1'Y CO
COMPANY
COLUMBIA CURB F, CUTTER IAC. LETTER C Ylli ;YL AND Cr SUAI:TY CO
4105 I-70 DR SF COMPANY D
COLUMBIA 7i0 65201 LETTER t-:ARYLAND CASUAI TY CO
COMPANY E
LETTER
COVERAGES .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS
TR DATE(MMIDD/YY) DATE(MM/DD/YY)
A GENERAL LIABILITY EPA 017 8 3 2 9 0 7/O 1/F:8 7/C 1/8 9 GENERAL AGGREGATE $1 ,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMPIOPS AGGREGATE $ 19"0
CLAIMS MADE X OCCUR. PERSONAL 6 ADVERTISING INJURY S 5 O O
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $500
FIRE DAMAGE(Any one fire) S 50
MEDICAL EXPENSE(Any one person) $ 5
t AUTOMOBILE LIABILITY li A A 8 2 3 4 6:14 4 7/01/S8 7/01/8 9 COMBINED
SINGLE Soo
X ANY AUTO LIMIT
ALL OWNED AUTOS BODILY
INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY
INJURY $
X NON-OWNED AUTOS (Per accident)
GARAGE LIABILITY PROPERTY
DAMAGE $
C EXCESS LIABILITY U B 2 4 0 2 0 4 0 6 7/01/88 7/01/89 EACH AGGREGATE
X y41T�6E s 2 ,000
OTHER THAN UMBRELLA FORM
D WORKER'S COMPENSATION TC922875496 7/01/88 7/01/89 STATUTORY
$ S O O (EACH ACCIDENT)
AND
$ 500 (DISEASE—POLICY LIMIT)
EMPLOYERS'LIABILITY
$ 500 (DISEASE—EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
COUNTY IN,PROVEFENT 1989 COLD ?TILLING
PROJECT CITY OF JEFFERSON ADDITIONAL IN_
v SURER COUNTY OF COLE MISSOURI CI'T'Y OF JEFFERSON
s
3 CERTIFICATE HOLDER CANCELLATION
x SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
C OU 1'7'Y OF COLE MISSOURI MAIL_.DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
« LEFT, B�T FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ry CITY OF JEFFERSON
LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES,
o :320 E McCART'Y STFEET
J F F F E,R S O N CITY MID (' `5 101 AUTHORIZED REPRESENTATIVE
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CERTIFICATE OF INSURANCE
Issued at the request of the County of COLE, Missouri
Address: Cole County Court House
Room 101 A
301 East High
Jefferson City, MO 65101
THIS IS TO CERTIFY that the insured named below is at this date
insured with
as described in the following schedule, and in full compliance
with the Contract Documents, including all contractual liability
coverage.
DESCRIPTIVE SCHEDULE
Name of Insured:
Address of Insured:
Locations Covered:
Description of Work:
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this day of
19 , by and between
, hereinafter called
"Contractor", and the City of Jefferson, Missouri, a municipal
corporation, hereinafter called "City".
WITNESSETH: That Whereas, the Contractor has become the lowest
responsible bidder for furnishing the supervision, labor, tools,
equipment, materials and supplies and for constructing the
following City improvements: 111989 Cold 'Milling Project".
NOW THEREFORE, the parties to this contract agree to the following:
1. Manner and time for Completion. The Contractor agrees
with the City to furnish all supervision, labor, tools, equipment,
materials and supplies necessary to perform, and to perform, said
work at Contractor's own expense in accordance with the contract .
documents and any applicable City ordinances and state and federal
laws, within thirty (30) calendar days from the date Contractor is
ordered to proceed, which order shall be issued by the Director of
Public Works within ten (10) days after the date of this contract.
2. Prevailing Wages. All labor utilized in the construction
of the aforementioned improvements shall be paid a wage of no less
than the "prevailing hourly rate of wages" for work of a similar
character in this locality, as established by Department of Labor
and Industrial Relations of the State of Missouri, and as
established by the Federal Employment Standards of the Department
of Labor. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this project because Contractor
has obtained the prevailing hourly rate of wages from the contents
of Special Wage Determination No. 89-026-0074 in which the rate of
' wages is set forth. The Contractor further agrees that Contractor
will keep an accurate record showing the names and occupations of
all workmen employed in connection with the work to be performed
under the terms of this contract. The record shall show the actual
wages paid to the workmen in connection with the work to be
performed under the terms of this contract. A copy of the record
shall be delivered to the Director of Public Works each week. In
' accordance with Section 290.250 RSMo, Contractor shall forfeit to
the City Ten Dollars ($10. 00) for each workman employed, for each
calendar day or portion thereof that the workman is paid less than
' the stipulated rates for any work done under this contract, by the
Contractor or any subcontractor under the Contractor.
3. Insurance!. Contractor shall procure and maintain at its
' own expense during the life of this contract:
(a) Workmen's Compensation Insurance for all of its employees
to be engaged in work under this contract.
(b) Contractor's Public Liability Insurance in an amount not
less than $800, 000 for all claims arising out of 'a single
occurrence and $100, 000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of
the Missouri Workmen's Compensation Law, Chapter 287, RSMo. , and
Contractor's Property Damage Insurance in an amount not less than
$800,000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(c) Automobile Liability Insurance in an amount not less than
$800,000 for all claims arising out of a single accident or
occurrence and $100,000 for any one person in a single accident or
occurrence.
(d) Owner's Protective Liability Insurance - The Contractor
shall also obtain at its own expense and deliver to the City an
Owner's Protective Liability Insurance Policy naming the City of
Jefferson as the insured, in an amount not less than $800,000 for
all claims arising out of a single accident or occurrence and
$100,000 for any one person in a single accident or occurrence,
except for those claims governed by the provisions of the Missouri
Workmen's Compensation Law, Chapter 287, RSMo. No policy will be
accepted which excludes liability for damage to underground
structures or by reason of blasting, explosion or collapse.
(e) Subcontracts - In case any or all of this work is sublet,
the Contractor shall require the Subcontractor to procure and
maintain all insurance required in Subparagraphs (a) , (b) , and (c)
hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance
required under Sub-paragraphs (b) and (c) hereof shall provide
adequate protection for the Contractor and its subcontractors,
respectively, against damage claims which may arise from operations
under this contract, whether such operations be by the insured or
by anyone directly or indirectly employed by it, and also against
any special hazards which may be encountered in the performance of
this contract.
NOTE: Paragraph (f) is construed to require the procurement of
Contractor's protective insurance (or contingent public liability
and contingent property damage policies) by a general contractor
whose subcontractor has employees working on the project, unless 1
the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides adequate
protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
4. Contractor's Responsibility for Subcontractors. It is
further agreed that Contractor shall be as fully responsible to
the City for the acts and omissions of its subcontractors, and of
persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be
inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein setforth,
insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any subcontract
as the City may exercise over Contractor under any provisions of
this contract. Nothing contained in this contract shall create any
contractual relations between any subcontractor and the City or
between any subcontractors.
5. Liquidated Damages. The Director of Public Works ma y ,
at his discretion, deduct $100. 00 from any amount otherwise due
under this contract for every day Contractor fails or refuses to
prosecute the work, or any separable part thereof, with such
diligence as will insure the completion by the time above
specified, or any extension thereof, or fails to complete the work .
by such time, as long as the City does not terminate the right of
Contractor to proceed. It is further provided that Contractor
shall not be charged with liquidated damages because of delays in
the completion of the work due to unforeseeable causes beyond
Contractor's control and without fault or negligence on
Contractor's part or the part of its agents.
6. Termination. The City reserves the right to terminate
this contract by giving at least five (5) days prior written notice
to the Contractor, without prejudice to any other rights or
remedies of the City should the Contractor be adjudged a bankrupt,
or if Contractor should make a general assignment for the benefit
of its creditors, or if a receiver should be appointed for
Contractor or for any of its property, or if Contractor should
persistently or repeatedly refuse or fail to supply enough properly
' skilled workmen or proper material, or if Contractor should refuse
or fail to make prompt payment to any person supplying labor or
materials for the work under the contract, or persistently
disregard instructions of the City or fail to observe or perform
any provisions of the contract.
7. Cityos Right to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the City may take over
the work and prosecute the same to completion, by contract or
otherwise, and Contractor and its sureties shall be liable to the
1 City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such materials,
appliances and structures as may be. on the work site and are
necessary for completion of the work. The foregoing provisions are
in addition to, and- not in limitation of, the rights of the City
under any other provisions of the contract, city ordinances, and
state and federal laws.
8. Indemnity. The Contractor agrees to defend, indemnify,
and save the City harmless from and against all claims, suits and
actions of every description, brought against the City and from
all damage and costs by reason or on account of any injuries or
damages received or sustained by any person or persons, or their
property, by Contractor, its servants, agents or subcontractors in
the construction of said work, or by any negligence or carelessness
in the performance of the same, or on account of any act or
omission of Contractor, its servants, agents, or subcontractors,
or arising out of the award of this contract to Contractor.
9. Payment for Labor and Materials. The Contractor agrees
and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed
pursuant to this contract. Contractor shall furnish to the City
a bond to insure the payment of all materials and labor used in
the performance of this contract.
10. Payment. The City hereby agrees to pay the Contractor
the work done pursuant to this contract according to the payment
schedule setforth in the Contract Documents upon acceptance of said
work by the Director of Public Works and in accordance with the
rates and/or amounts stated in the bid of Contractor dated
, 19 , which are by reference made
a part hereof. No partial payment to the Contractor shall operate
as approval or acceptance of work done or materials furnished
hereunder.
11. Contract Documents. The contract documents shall consist
of the following:
a. This Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or sketches
This contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These documents
are as fully a part of the contract as if attached hereto or
repeated herein.
12. Nondiscrimination. The Contractor agrees in the '
performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex,
religion, handicap, age, or political opinion or affiliation,
against any employee of Contractor or applicant for employment and
shall include a similar provision in all subcontracts let or
awarded hereunder. ,
13. Notices. All notices required to be in writing may be
given by first class mail addressed to the City of Jefferson, 320
East McCarty, Jefferson City, Missouri 65101, and- Contractor at
The date of delivery of any notice shall be the second full day
after the day of its mailing.
14. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and statutes
of the State of Missouri.
15. IN TESTIMONY WHEREOF, the parties have hereunto set their
hands and seals this day of ,
19
CITY OF JEFFERSON, MISSOURI
BY
Mayor
ATTEST:
CITY CLERK
CONTRACTOR
BY
Title:
ATTEST:
SECRETARY
e
COUNTY OF COLE
CONSTRUCTION CONTRACT
THIS CONTRACT, made and entered into this day of
1989, by and between
hereinafter called "Contractor, " and the County of Cole,
Missouri, hereinafter called "County."
WITNESSETH: That Whereas, the Contractor has become the lowest
responsible bidder for furnishing the supervision, labor, tools,
equipment, materials, and supplies and for constructing the
following County improvements: 1989 Cold Milling Project (Cole
County) .
NOW, THEREFORE, the parties to this contract agree to the
following:
1. Manner and Time for Completion. The Contractor agrees with
the County to furnish all supervision, labor, tools,
equipment, materials, and supplies necessary to perform, and
to perform said work at Contractor' s own expense in
accordance with the contract documents and any applicable
County regulations and state and federal laws, within thirty
(-30 ) calendar days from the date Contractor is ordered to
proceed, which order shall be issued by the Director of
Public Works within ten (10) days after the date of this
contract.
2. Prevailing Wages. All labor utilized in the construction of
the aforementioned improvements shall be paid a wage of no
less than the "prevailing hourly rate of wages" for work of
a similar character in this locality, as established by the
Department of Labor and Industrial Relations of the State of
Missouri. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this project because '
Contractor has obtained the prevailing hourly rate of wages
from the contents of Special Wage Determination No.
89-026-0074 in which the rate of wages is set forth. The
Contractor further agrees that Contractor will keep an
accurate record showing the names and occupations of all
workmen employed by Contractor in connection with the work
to be performed under the terms of this contract. The '
record shall show the actual wages paid to the workmen in
connection with the work to be performed under the terms of
this contract. A copy of the record shall be delivered to +
the Director of Public Works each week. In accordance with ,
Section 290.250 RSMo, Contractor shall forfeit to the County
Ten Dollars ($10.00) for each workman employed, for each
calendar day or portion thereof that the workman is paid
less than the stipulated rates for any work done under this
contract, by the Contractor or any subcontractor under the
Contractor.
3. a rance. Contractor shall procure and maintain at its own
expense during the life of this contract:
(a) Workmen 's Compensation Insurance for all of its
employees to be engaged in work under this contract.
(b) Contractor' s Public Liability Insurance in an amount
not less than $800,000 for all claims arising out of a
single occurrence and 8100,000 for any one person in a
single accident or occurrence, except for those claims
governed by the provisions of the Missouri Workmen 's
Compensation Law, Chapter 287, RSMo. , and Contractor's
Property Damage Insurance in an amount not less than
8800,000 for all claims arising out of a single
accident or occurrence and $100,000 for any one person
in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less
than $800,000 for all claims arising out of a single
accident or occurrence and 8100,000 for any one person
in a single accident or occurrence.
(d) Owner' s Protective Liability Insurance The Contractor
shall also obtain at its own expense and deliver to the
County an Owner's Protective Liability Insurance Policy
naming the County of Cole as the insured, in an amount
not less than 8800,000 for all claims arising out of a
single accident or occurrence and $100,000 for any one
person in a single accident or occurrence, except for
those claims governed by the provisions of the Missouri
Workmen' s Compensation law, Chapter 287, RSMo. No
policy will be accepted which excludes liability for
damage to underground structures or by reason of
blasting, explosion or collapse.
(e) Subcontracts In case any or all of this work is
sublet, the Contractor shall require the Subcontractor
to procure and maintain all insurance required in Sub-
paragraphs (a) , (b) , and (c) hereof and in like
amounts.
' (f) Scope of Insurance and Special Hazard The insurance
required under Sub-paragraphs (b) and (c) hereof shall
provide adequate protection for the Contractor and its
' subcontractors, respectively, against damage claims
which may arise from operations' under this contract,
whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against
' any special hazards which may be encountered in the
performance of this contract.
NOTE: Paragraph ( f) is construed to require the procurement
of Contractor ' s protective insurance (or contingent public
liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working
on the project, unless the general public liability and
property damage policy (or rider attached thereto) of the
general contractor provides adequate protection against
claims arising from operations by anyone directly or
indirectly employed by the Contractor.
4. Contractor's Responsibility for Subcontractors. it is
further agreed that Contractor shall be fully responsible
to the County for the acts and omissions of its
subcontractors, and of persons either directly or indirectly
employed by them, as Contractor is for the acts and
omissions of persons it directly employs. Contractor shall
cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractors
and to give Contractor the same power regarding termination
of any subcontract as the County may exercise over
Contractor under any provisions of this contract. Nothing
contained in this contract shall create any contractual
relations between any subcontractor and the County or
between any subcontractors.
5. Liquidated Damages. The Director of Public Works may, at
his discretion, deduct One Hundred Dollars ($100.00) per day
from any amount otherwise due under this contract for every
day Contractor fails or refuses to prosecute the work, or
any separable part thereof, with such diligence as will
insure the completion by the time above specified, or any
extension thereof, or fails to complete the work by such
time, as long as the County does not terminate the right of
Contractor to proceed. It is further provided that
Contractor shall not be charged with liquidated damages
because of delays in the completion of the work due to
unforseeable causes beyond Contractor's control and without
fault or negligence on Contractor's part or the part of its
agents.
6. Termination. The County reserves the right to terminate
this contract by giving at least five (5) days ' prior
written notice to the Contractor, without prejudice to any
other rights or remedies of the County should the Contractor ,
be adjudged as bankrupt, or if Contractor should make a
general assignment for the benefit of its creditors, or if a
receiver should be appointed for Contractor or for any of '
its property, or if Contractor should persistently or
repeatedly refuse or fail to supply enough properly skilled
workmen or proper material, or if Contractor should refuse
or fail to make prompt payment to any person supplying labor '
or materials for the work under the contract, or
persistently disregard instructions of the County or fail to
observe or perform any provisions of the contract. '
7. County's Right .to Proceed. In the event this contract is
terminated pursuant to Paragraph 6, then the County may take
over the work and prosecute the same to completion, by
contract or otherwise, and Contractor and its sureties shall
be liable to the County for any costs over the amount of
this contract thereby occasioned by the County. In any such
case the County may take possession of, and utilize in
completing the work, such materials, appliances, and
structures as may be on the work site and are necessary for
completion of the work. The foregoing provisions are in
addition to, and not in limitation of, the rights of the
County under any other provisions of the contract, County
regulations, and state and federal laws.
8. Indemnity. The Contractor agrees to defend, indemnify, and
save the County harmless from and against all claims, suits,
and actions of every description, brought against the County
and from all damage and costs by reason or on account of any
injuries or damages received or sustained by any person or
persons, or their property, by Contractor, its servants,
agents, or subcontractors in the construction of said work,
or by any negligence or carelessness in the performance of
the same, or on account of any act or omission of
Contractor, its servants, agents, or subcontractors, or
arising out of the award of this contract to Contractor.
9. Payment for Labor and Materials. The Contractor agrees and
binds itself to pay for all labor done, and for all the
EL materials used in the construction of the work to be
completed pursuant to this contract. Contractor shall
furnish to the County a bond to insure the payment of all
materials and labor used in the performance of this
contract.
10. Payment. The County hereby agrees to pay the Contractor for
the work done pursuant to this contract according to the
payment schedule set forth in the Contract Documents upon
acceptance of said work by the Director of Public Works and
in accordance with the rates and/or amounts stated in the
' bid of Contractor dated , 1989, which
are by reference made a part hereof. No partial payment to
the Contractor shall operate as approval or acceptance of
' work done or materials furnished hereunder.
11. Contract Documents. The Contract documents shall consist of
' the following:
a. The Contract e. General Conditions
b. Addenda f. Special Provisions
c. Notice to Contractors g. Technical Specifications
d. Signed Copy of Bid h. Drawings and/or Sketches
The contract and the other documents enumerated in this
paragraph, form the Contract between the parties. These
documents are as fully a part of the contract as if attached
hereto or repeated herein.
12. Nondiscrimination. The Contractor agrees in the performance
of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry,
sex, religion, handicap, age, or political opinion or
affiliation, against any employee of Contractor or applicant
for employment and shall include a similar provision ,in all
subcontracts let or awarded hereunder.
13. Hotices. All notices required to be in writing may be given
by first class mail addressed to Cole County, 301 East High
Street, Room 101, Jefferson City, Missouri 65101, and
Contractor at
The date of delivery of any notice shall be the second full
day after the day of its mailing.
14. Jurisdiction. This agreement and every question arising
hereunder shall be interpreted according to the laws and
statutes of the State of Missouri.
15. IN TESTIMONY WHEREOF, the parties have hereunto set their
hands and seals this day of , 1989.
COLE COUNTY COMMISSION, CONTRACTOR,
Party of the First Part Party of the Second Part
By
Sharon Davisson, Presiding
Title
Robert Gratz, Eastern
1 Artwin Ehrhardt, Western ATTEST:
Secretary '
ATTEST:
County Clerk
County Auditor "'
PERFORNMCE AND ONE YEAR QUARANTEN BOND
KNOW ALL MEN BE THESE PRESENTS,, that we, the undersigned
/ /
hereinafter, referred to as "Contractor" and
a Corporation
organized under the laws of the State of ' `22. a .
and authorized to transact the business in the 9tate of
s Surety, are held and firmly bound unto the
hereinafter
ref d as "Owner" i the penal sum of
t' u.- 4• -2, DOLLARS
($ ��, a 9�! °-° ) , lawful money of the United States of
Americl 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;
VHF3REAS, the above bounded Contractor has on the .2 day. of
1A fd , 102 , entered into a written contract with
the -/f- oresaid Owner for furnishing all materials, equipment, tool's,
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 obs. , q abide
by each and every covenant, condfl�`b�tY;adU�i "' said
' Contract, and the Conditions, Specifications, Plans, Prevailing
Wage Law and other Contract Documents thereto attached or, by
reference, made a part thereof, according to the true intent and
meaning in each case, and if said contractor shall replace all
defective parts, material and workmanship for a period of one year
after acceptance by the Owner, then this ob`�igg dorl shall be and
become null and void; otherwise it shall � ea�ii %n.full force and
effect.
1
PROVIDED FURTHER, that if the said Contractor fails to duly pay
for any labor, materials, sustenances, provisions, provender,
gasoline, lubricating oils, fuel oils, greases, coal repairs,
equipment and tools consumed or used in said work, groceries and
foodstuffs, and all insurance premiums, compensation liability,
and otherwise, or any other supplies or materials used or consumed
by such Contractor or his, their, or its subcontractors in
performance of the work contracted to be done, the Surety will pay
the same in any amount not exceeding the amount of this Obligation,
together with interest as provided by law:
YKATW3 330AAL01 F.AJ i iEAI A TIT
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the contract, or the work
to be performed thereunder, or the specifications accompanying the
same, shall in any wise affect its obligation on this bond and it
does hereby waive notice of any change, extension of time,
alteration, or addition to the terms of the contract, or to the
work, or to the specifications:
PROVIDED FURTHER, that if the said Contractor fails to pay the
prevailing hourly rate of wages, as shown in the attached schedule,
to any workman engaged in the construction of the improvements as
designated, defined and described in the said contract,
specifications and conditions thereof, the Surety will pay the
deficiency and 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 hereunto affixed, by it
t rney-in-fac duly authorized thereunto so to do, at
.o
on this the o2 022 day of , 19
THE AMERICAN INSURANCE COMPANY /u„ Z L
SURETY COMPANY CONTRACTOR
BY (SEAL) BY (SEAL)
BY TPW GA(SEAL) BY (SEAL)
Attorney- n0� \., (State Representative)
j..
(Accompany this bond with Attorney-in-fact's authority from the
Surety Company certified to include the date of the bond. )
GENERAL •
POWER
A RNEY THE AMERICAN INSURANCE COMPANY
[NOW ALL MEN BY THESE PRESENTS:That'rHE AMERICAN INSURANCE COMPANY,a Corporation duly organized and existing under the laws of
the State of New Jersey,and having Its principal office in the City of Parsippany,State of New Jersey,has made,constituted and annointed,and dod by these
presents make,constitute and appoint
MARK E. GARDNER, JOHN N. THAYER, L. V. MAXON and THOMAS E. OtNEILL of Shawnee Mission, KS,
LARRY J. CRAMER of Blue Springs, MO, GALEN R. FISS of Overland Park, KS and ROBERT B. FISS
of Prairie Village, KS ,jointly or severally
Its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,seal,acknowledge and deliver any
and all bonds,undertaking,recognizances or other written obligations in the nature thereof
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do to the premises.
This power of attorney is granted pursuant to Article ViI,Sections 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and
effect.
"Astkle VII.Appointment sad Astborffy of Resident Secretaries,A/toneeysds.F'aN and Agents to crept legal Process and Make Appearsaors.
Section 45.Appointment.The Chairman of The Board of Directors,for President,any Vice-President or any other person authorized by the Board of
Directors,the Chairman of the Board of Directors,the Predldent or any Vice-President may,from time to time,appoint Resident Assistant Secretarks and
Attorneys.in.Fso to represent and ant for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
,
Section 46.Anthorfty.The authority of such Reddent Assistant Secretaries,Attorseys-Is-Fact and Agents shall be as prescribed In the Instrument eridencing
their appointment.Any such appointment and aB authority granted thereby may be revoked at any timl by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN
INSURANCE COMPANY at a meeting duly called and held on the 3 ist day of July,1984,and said Resolution has not been amended or repealed:
"RESOLVED, that the signature of any Via-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation,and the seal of this
Corporation may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,
and any power of attorney.any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation!'
IN WITNESS WHEREOF,THE AMERICAN INSURANCE COMPANY has caused these presents to be signed by its Vice-President.and its corporate seal to
be hereunto affixed this 11th day of May 19 L8_.
® 'w" THE AMERICAN INSURANCE COMPANY
By
Visa-Preswem
STATE OF CALIFORNIA a.
COUNTY OF MARIN
On this llth day t May , 19 18L.beforemepersonallycame R. D. Farnsworth.
to me known,who,being by me duly sworn,did depose and say:that he is Vice-President of THE AMERICAN INSURANCE COMPANY,the Corporation
described in and which executed the above instrument;that he knows the sea3 of said Corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
snonnuennununnu nuuuoro .
OFFICIAL SEAL � ..
SUSIE K. GILBERT
NOTARY PUSUC-CALIFORNIA = NourrPubuc
hNipsl Mike in Mann County
My Commission Expire Nee.17.1998 C
ginosnsssssmtunuuuuonunoosunusatnmo CERTIFICATE
STATE OF CALIFORNIA a.
COUNTY OF MARIN
1,the undersigned,Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY,a NEW JERSEY Corporation,DO HEREBY CERTIFY that
the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article V11.Sections 43 and 46 of the
By-laws of the Corporation,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and scaled at the County of Marin.Dated the day of y 19
r•►w��
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w�tin�O� ttaidrM Auinsm SKmxuy
360711—TA-11.1'7
MINORITY HUSINBSS ENTERPRISE STATEUFI�T
Contractors bidding on City contracts shall take the following
affirmative steps to assure that small, women owned, and minority
business are utilized when possible as sources of suppliers,
services, and construction items.
1. Contractor's will submit the names and other information if
any, about their MBE sub-contractors along with their bid
submissions.
2. Sufficient and reasonable efforts will be made to use
qualified MBE sub-contractors when possible on City contracts.
30 Qualified small, women owned, and minority business will be
included on solicitation lists as sub-contractors for City
supplies, services, and construction.
4. Qualified small, women owned, and minority business will be
solicited whenever they are potential sources.
5. When economically feasible, Contractors will divide total
requirements into smaller tasks or quantities so as to permit
maximum small, women owned, and minority business
participation.
6. Where the requirement permits, Contractor will establish
delivery schedules which will encourage participation by
small, women owned and minority businesses.
7. Contractor will use the services and assistance of the Small
Business Administration, the Office of Minority Business
Enterprise, and the Community Services Administration.
8. Forms for determining Minority Business Enterprise eligibility
may be obtained from the Department of Public Works.
MINORITY BUSINE88 UTILIZATXON COMMITMENT
A. The bidder agrees to expend at least two (2) % of the
contract, if awarded, for Minority Business Enterprise (M .
For purposes of this commitment, the term "Minority' Business
Enterprise" shall mean a business:
1. Which is at least 51 percent owned by one or more
minorities or women, or, in the case of a publicly owned business,
at least 51 percent of the stock of which is owned by one or more
minorities or women; and
2. Whose management and daily business operations are
controlled by one or more such individuals.
"Minority Group Member" or "Minority" means a person who is
a citizen or lawful permanent resident of the United States, and
who is:
1. Black (a person having origins in any of the black racial
groups of Africa) ;
2. Hispanic (a person of Spanish or Portuguese culture with
origins in Mexico, South or Central America, or the Caribbean
Island, regardless of race) ;
3. Asian American (a person having origins in any of the
original peoples of the Far East, Southeast Asia, the Indian sub-
continent, or the Pacific Islands) ;
4. American Indians and Alaskan Native (a person having
origins in any of the original peoples of North America) ;
S. Member of other groups, or other individuals, found to 1
be economically and socially disadvantaged by the Small Business
Administration under Section 8 (a) of the Small Business Act, as
amended (15 U.S.C. 637 (a) ] .
6. A female person who requests to be considered as an MBE,
and who "owns" and "controls" a business as defined herein. e
Minority Business Enterprises may be employed as contractors,
subcontractors, or suppliers.
B. The bidder must indicate the Minority Business Enterprise(s) '
proposed for utilization as part of this contract as follows:
Name and Addresses Nature of Dollar Value of
of Minority Firms Participation Participation
Total Bid Amount: Total:
Percentage of Minority Enterprise Participation:
C. The bidder agrees to certify that the minority firms) engaged
to provide materials or services in the completion of this project:
(a) is a bona fide Minority Business Enterprise; and (b) has
executed a binding contract to provide specific materials or
services for a specific dollar amount.
A roster of bona fide Minority Business Enterprise firms will
be furnished by the City of Jefferson. The bidder will provide
written notice to the Liaison Officer of the City of Jefferson
indicating the Minority Business Enterprise(s) it intends to use
in conjunction with this contract. This written notice is due five
days after notification to the lowest bidder.
Certification that the Minority Business Enterprise(s) has
executed a binding contract with the bidder for materials or
services should be provided to the MBE Coordinator at the time the
bidder's contract is submitted to the MBE Coordinator. Breach of
this commitment constitutes a breach of the bidder's contract, if
awarded.
1 D. The undersigned hereby certified that he or she has read the
terms of this commitment and is authorized to bind the bidder to
the commitment herein set forth.
NAME OF AUTHORIZED OFFICER
DATE
SIGNATURE OF AUTHORIZED OFFICER
GENERAL PROVISIONS
FORWARD
The following Articles GP-1 through GP-44 are "General Provisions
of the Contract" , modified as set forth in the Special
Provisions.
GP-1 CONTRACT DOCUMENTS
It is expressly understood and agreed that the Contract Documents
comprise the Notice to Bidders, Instruction to Bidders, General
Provisions, Special Provisions, Bid , Contract, Performance and
One year Guarantee Bond, Specifications, other documents listed
in the Table of Contents and bound in this Volume. Plans, all
Addenda thereto issued prior to the time of opening bids for the
work, all of which are hereto attached, and other drawings,
specifications, and engineering data which may be furnished by
the Contractor and approved by the Owner, together with such
additional drawings which may be furnished by the Engineer from
time to time as are necessary to make clear and to define in
greater detail the intent of the specifications and drawings, are
each and all component parts to the agreement governing the work
to be done and the materials equipment to be furnished. All of
these documents are hereby defined as the Contract Documents.
The several parts of the Contract Documents are complementary,
and what is called for by any one shall be as binding as if
called for by all. The intention of the Documents is to include
the furnishing of all materials, labor, tools, equipment and
supplies necessary for constructing complete and ready to use the
work specified. Materials or work described in words which so
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. Five ( 5) 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:
Three with the Owner
One with the Contractor
One with the Bonding Company
GP-2 DEFINITIONS
Wherever any work or expression defined in this article, or
pronoun used in its stead, occurs in these contract documents, it
shall have and is mutually understood to have the meaning herein
given:
GP-2 DEFINITIONS (continued)
1. "Contract" or "Contract Documents" shall include all of the
documents enumerated in the previous article.
2. "Owner", "City", or words "Party of the First Part", shall
mean the party entering into contract to secure performance
of the work covered by this Contract and his or its duly
authorized officers or agents.
3. "Contractor" or the words "Party of the Second Part" shall
mean the party entering into contract for the performance of
the work covered by this contract and his duly authorized
agents or legal representatives.
4. "Subcontractors" shall mean and refer to a corporation,
partnership, or individual having a direct contract with the
Contractor, for performing work at the job site.
5. "Engineer" shall mean the authorized representative of the
Director of Public Works , ( i . e . , the Engineering
Supervisor) .
6. "Construction Representative" shall mean the engineering or
technical assistant duly authorized by the Engineer limited
to -the particular duties 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.
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 successful bidder
with his proposal and by the Contractor to the City, if and
when approved by the Engineer, and all drawings submitted by
the City to the Contractor during the progress of the work,
as provided for herein.
11. Whenever in these contract documents the words "as
directed", "as required", "as permitted", "as allowed", or
words or phrases of like import are used, it shall be
understood that the direction, requirement, permission, or
' allowance of the City and Engineer is intended.
12. Similarly the words "approved", "reasonable", "suitable",
"acceptable", "properly", "satisfactory", or words of like
effect and import, unless otherwise particularly specified
herein, shall mean approved, reasonable, suitable,
acceptable, proper or satisfactory in the judgment of the
City and Engineer.
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.
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. '
Any plan or method of work suggested by the Engineer, or other
representative of the City, to the Contractor, but not specified
or required, if adopted or followed by the Contractor in whole or
in part, shall be used at the risk and responsibility of the
Contractor; and the Engineer and the City will assume no
responsibility therefore.
GP-5. BOND
Coincident with the execution of the Contract, the Contractor
shall furnish a good and sufficient surety bond in the full
amount of the contract sum. This surety bond, executed by the
Contractor to the City, shall be a guarantee: (a) for the
faithful performance and completion of the work in strict
accordance with the terms and intent of the contract documents;
(b) the 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 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 proper sureties through a company licensed and
qualified to operate in the state and approved by the City. Bond
shall be signed by an agent resident in the state and date of
bond shall be the date of execution of the contract.
If at any time during the continuance of the contract the surety
on the Contractor' s bond becomes irresponsible, the City shall
have the right to require additional and sufficient sureties
which the Contractor shall furnish to the satisfaction of the
City within ten (10) days after notice to do so. In default
thereof, the contract may be suspended, all payments or money due
the Contractor withheld, and the contract completed as
hereinafter provided.
GP-6. INSURANCE
' GP-6. 1 General:
The Contractor shall secure, pay for and maintain during the life
of the Contract, insurance of such types and amounts as necessary
to protect himself, and the .City, against ,all hazards enumerated
herein. All policies shall be in the amounts, form and companies _.
satisfactory to the City.
The insuring company shall deliver to the City certificates of
all insurance required, signed by an authorized representative
' and stating that all provisions of the following specified '
requirements are complied with.
All certificates of insurance required herein shall state that
ten ( 10) days written notice will be given to the City before•. the
policy is cancelled or changed. All certifications of insurance
shall be delivered to the City prior to the time that any
operations under this contract are started.
All of said Contractor's certificates of insurance shall be
written in an insurance company authorized to do business in the
State of Missouri.
GP-6.2 Bodily Injury Liability & Property Damage Liability
Insurance
( 1) Bodily Injury Liability insurance coverage providing limits
for bodily injuries, including death, of * not less than $800,000
per person and $100,000 Per occurrence.
(2) Property Damage Liability insurance coverage for limits of
not less than$800,000 per one occurrence nor less than$800,000
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 $800,000 per occurrence for bodily injury
or death.
( 2) Property Damage Liability providing limits of at least
$800.000 per occurrence and $800,000 aggregate.
GP-6.4 Contractual Liability
( 1 ) Property Damage coverage with $800, 000 aggregate Limit.
GP-6.5 Owner's Protective Liability and Property Damage Insurance
The Contractor shall purchase and maintain Owner' s Protective
Liability and Property Damage insurance issued in the name of the
Owner and the Engineer as will protect both against any and all ,
claims that might arise as a result of the operations of the
Contractor or his subcontractors in fulfilling this contract.
The minimum amount of such insurance shall be the same as '
required for Bodily Injury Liability and Property Damage
Liability Insurance. This policy shall be filed with the Owner
and a copy filed with the Engineer.
GP-6.6 Exclusions
The above requirements GP-1.2, 1.3, 1. 5 for property damage
liability shall contain no exclusion relative to:
( 1 ) Blasting or explosion. (Consult Tech. Specifications Part I
for possible deletion of this requirement on subject project. )
(2) Injury or destruction of property below the surface of the
ground, such as wires, conduits, pipes, mains, sewers, etc. ,
caused by the Contractor's operations.
(3 ) The collapse of, or structural injury to, any building or
structure on or adjacent to the City's premises, or injury to or
destruction of property resulting therefrom, caused by the
removal of other buildings, structures, or supports, or by
excavations below the surface of the ground.
GP-6.7 Automobile Bodily Injury Liability & Automobile Property
Damage Liability Insurance
( 1 ) 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 $800,000
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.
GP-6.8 Employer's Liability and Workmen's Compensation
Employer's and Workmen's Compensation Insurance as will protect
him against any and all claims resulting from injuries to and
death of workmen engaged in work under this contract, and in
addition the Contractor shall carry occupational disease coverage
with statutory limits, and Employer's Liability with a limit of
$100, 000 per person. The "All State" endorsement shall be
included.
In case any class of employees is not protected under the
Workmen's Compensation Statute, the Contractor shall provide and
cause such contractor to provide adequate employer' s liability
coverage as will protect him against any claims resulting from
injuries to and death of workmen engaged in work under this
' contract.
GP-6.9 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
1 Risk Insurance, when in warehouses or storage areas, during
installation, during testing and until the work is accepted. It
shall be of the "All Risks" type, with coverage designed for the
circumstances which may occur in the particular work included in
this contract. The coverage shall be for an amount not less than
the value of the work at completion, less the value of the
material and equipment insured under Builder's Risk Insurance.
The value shall include the aggregate value of the City-furnished
equipment and materials to be erected or installed by the
Contractor not otherwise insured under Builder's Risk Insurance.
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 than $10,000 such equipment may be
covered under Builder's Risk Insurance, and if so covered, this
Installation Floater Insurance may be omitted.
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 out of or incident to larceny,
theft, or any cause whatsoever (except as hereinbefore provided)
to the structure on which the work of this contract, and any
modifications, alterations, enlargements thereto, is to be done,
and to materials and labor connected or to be used as a part of
the permanent materials, and supplies necessary to the work.
GP-6. 11 Contractor's Responsibility on Damages & Claims
Indemnifying City
The Contractor shall indemnify and save harmless the City and
Engineer and their officers and agents, of and from all losses,
damages, costs, expenses, judgments, or decrees whatever arising '
out of action or suit that may be brought against the City or
Engineer or any officer or agent of either of them, for or on
account of the failure, omission, or neglect of the Contractor to
do and perform any of the covenants, acts, matters, or things by
this contract undertaken to be done or performed, or for the
injury, death or damage caused by the negligence or alleged
negligence of the Contractor or his subcontractors or his or '
their agents, or in connection with any claim or claims based on
the lawful demands of subcontractors, workmen, material men, or
suppliers of machinery and parts thereof, equipment, power tools ,
and supplies incurred in the fulfillment of this contract.
GP-6. 12 Notification in Event ,of Liability or Damage
Upon the occurrence of any event, the liability for which is
herein assumed, the Contractor agrees to forthwith notify the
City, in writing such happening, which notice shall forthwith
give the details as to the happening, the cause as far as can be
ascertained, the estimate of loss or damage done, the names of
witnesses, if any, and stating the amount of any claim.
GP-7. ASSIGNMENT OF CONTRACT
The Contractor shall not assign or transfer this contract nor
sublet it as a whole, without the written consent of the City and
of the Surety on the Contractor's bond. Such consent of Surety,
together with copy of assignment, shall be filed with the City.
No assignment, transfer or subletting, even though consented to,
shall relieve the Contractor of his liabilities under this
contract. Should any assignee fail to perform the work
undertaken by him in a satisfactory manner, the City may at his
option annul and terminate Assignee's contract.
GP-8. SUBCONTRACTS. PRINCIPAL MATERIALS & EQUIPMENT
Prior to the award of the contract, the Contractor shall submit
for approval of the City a list of subcontractors and the sources
of the principal items of materials and equipment which he
proposes to use in the construction of the project.
The Contractor agrees that he is as fully responsible to the City
for the acts and omissions of his subcontractors and of person
either directly or indirectly employed by them as he is for the
acts and omissions of 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.
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. - -
If any part of the Contractor's work depends for proper execution
or results on the work of any other contractor, the Contractor
shall inspect and promptly report to the Engineer any defect in
' such work that renders it unsuitable for such proper execution
and results.
His failure so to inspect and report all constitute an acceptance
of the other contractor ' s work as fit and proper for the
reception of his work, except as to defects which may develop in
the other contractor's work after the execution of his work.
Wherever work being done by the City's forces or by other
contractors is contiguous to work covered by this Contract, the
respective rights of the various interests involved shall be
established by the Engineer, in order to secure the completion of
the various portions of the work in general harmony.
GP 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.
GP-11. ROYALTIES AND PATENTS
It is agreed that all royalties for patents or patent claims,
infringement whether such patents are for processes or devices,
that might be involved in the construction or use of the work,
shall be included in the contract amount and the Contractor shall
satisfy all demands that may be made at any time for such and
shall be liable for any damages or claims for patent
infringements, and the Contractor shall at his own expense,
defend any and all suits or proceedings that may be instituted at
any time against the City for infringement or alleged
infringement of any patent or patents involved in the work, and
in case of an award of damages, the said Contractor shall pay
such award; final payment to the Contractor by the City will not
be made while any such suits or claims remain unsettled.
GP-12. SCOPE AND INTENT OF SPECIFICATIONS AND PLANS
GP-12. 1 General
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 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 the true
spirit, meaning and intent of the contract, specifications and
plans.
GP-12.2 Figured Dimensions to Govern
Dimensions and elevations shown on the plans shall be accurately
followed even though they differ from scaled measurements. No
work shown on the plans, the dimensions of which are not
indicated shall be executed until the required dimensions have
been obtained from the Engineer.
GP-12.3. Contractor to Check Plans and Schedules
The Contractor shall check all dimensions, elevations and
quantities shown on the plans, and schedules given to him by the
Engineer, and shall notify the Engineer of any discrepancy
between the plans and the conditions on the ground, or any error
or omission in plans, or in the layout as given by stakes,
points, or instructions, which he may discover in the course of
the work. The Contractor will not be allowed to take advantage
of any error or omission in the plans or contract documents, as
full instructions will be furnished by the Engineer should such
error or omission be discovered, and the Contractor shall carry
out such instructions as if originally specified.
The apparent silence of the Plans and Specifications as to any
detail or the apparent omission from them of a detailed
description concerning any point, shall be regarded as meaning
that only the best general practices, as accepted by the
particular trades or industries involved, shall be used.
GP-12.4 Standard Specifications
Reference to standard specifications of any technical society,
organization or association, or to codes of local or state
authorities, shall mean the latest standard, code, specification,
or tentative specification adopted and published at the date of
taking bids, unless specifically stated otherwise.
GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT
The City may appoint or employ such "Construction Representative"
as the City may deem proper, to observe the work performed under
this contract, to the end that said work is performed, in
substantial accordance with the plans and specifications
therefor.
The Project Representative assumes no direction of . employees of
the Contractor or Subcontractors and no supervision of the
construction activities or responsibility for their safety. The
sole duty of the Project Representative during the construction
is to the City to endeavor to protect against defects and
deficiencies in the work.
The Contractor shall regard and obey the directions and
instructions of the Construction Representative so appointed,
when the same are consistent with the obligations of this
contract and the specifications therefor, provided, however, that
should the Contractor object to any order given by the
Construction Representative, the Contractor may make written
appeal to the Engineer for his decision.
The Construction Representative and other properly authorized
representatives of the City shall be free at all times to perform
their duties, an intimidation or attempted intimidation of any
one of them by the Contractor or by any of his employees shall be
sufficient reason, if the City so decides, to annul the contract.
Such construction representation shall not relieve the Contractor
from any obligation to perform said work strictly in accordance
with the plans and specifications or any modifications thereof as
herein provided, and work not so constructed shall be removed and
made good by the Contractor at his own expense, and free of all
expense to the City, whenever so ordered by the Engineer, without
reference to any previous oversight in observation of work. Any
defective material or workmanship may be rejected by the Engineer
at any time before the final acceptance of the work, even though
the same may have been previously overlooked and estimated for
payment.
The Construction Representative shall have no authority to permit
any deviation from the plans and specifications except on written
order from the Engineer, and the Contractor will be liable for
any deviation except on such written order.
All condemned work shall be promptly taken out and replaced by
satisfactory work, and all condemned materials shall be promptly
removed from the vicinity of the work. Should the Contractor
fail or refuse to comply with instructions in this respect the
City may, upon certification by the Engineer, withhold payment or
proceed to terminate contracts as herein provided.
Reexamination of questioned work may be ordered by' the Engineer,
and if so ordered the work must be uncovered by the Contractor. '
If such work be done in accordance with- the Contract Documents,
the City shall pay the cost of reexamination and replacement. If
such work be found not in accordance with the Contract Documents,
the Contractor shall pay such cost, unless he shall show that
defect in the work was caused by another contractor of the City
and in that event the City shall pay such cost.
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, and continuous profile grade in road
work, and center-line and bench marks for culvert work, and
appurtenances as may be deemed necessary, and will furnish the
Contractor with all necessary information relating to lines,
slopes, and grades, to lay out the work correctly. The
Contractor shall maintain these lines, grades, and bench marks
and use them to lay out the work he is to perform under this
contract.
The Contractor shall notify the Department of Public Works not
less than 48 hours before stakes are required. No claims shall
be made because of delays if the contractors fail to give such
notice.
The Contractor shall carefully preserve stakes and bench marks.
If such stakes and bench mark become damaged, lost, displaced, or
removed by the Contractor, they shall be reset at his expense and
deducted from the payment for the work.
Any work done without being properly located and established by
base lines, offset stakes, bench marks, or other basic reference
points checked by the Construction Representative may be ordered
removed and replaced at the Contractor's expense.
The Contractor shall furnish all materials needed for the
staking.
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 material which is found to be
' defective at any time prior• to the expiration of one year from
the date of final payment.
' The manufacturer of pipe for use on this project shall certify in
writing to the City that all materials furnished for use in this
project do conform to these specifications. Whenever standard „
tests are conducted, he shall forward a copy of the test results
' to the City.
GP-16. WATER
tAll water required for and in connection with the work to be
performed shall be provided by the Contractor at his sole cost
and expense.
Ti
GP-17. POWER
All power for lighting, operation of the Contractor's plant or
equipment or for any other use by the Contractor, shall be
provided by the Contractor at his sole cost and expense.
GP-18. SUPERINTENDENCE AND WORKMANSHIP
The Contractor shall keep on his work, during its progress, a
competent superintendent and any necessary assistants. The
superintendent shall represent the Contractor in his absence and
all directions given to him shall be as -binding as if given to
the Contractor.
The Contractor shall provide proper tools and equipment and the
services of all workmen, mechanics, tradesmen, and other
employees necessary in the construction and execution of 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 satisfactory manner, shall be
promptly discharged.
It is called particularly to the Contractor's attention that only
first class workmanship will be acceptable.
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" .
Throughout the project, wherever homes are served directly from a '
street or portion of a street which is to be reconstructed under
this project, the Contractor shall make every effort to provide
access to each home every night. This work shall be subsidiary
to the construction and no direct payment will be made for it.
GP-20. BARRICADES AND LIGHTS
All streets, roads, highways, and other public thoroughfares
which are closed to traffic shall be protected by means of
effective barricades on which shall be placed acceptable warning '
signs. Barricades shall be located at the nearest intersecting
public highway or street on each side of the blocked section.
All open trenches and other excavations shall be provided with
suitable barriers, signs, and lights to the extent that adequate
protection is provided to the public. Obstructions, such as
material piles and equipment, shall be provided with- similar
warning signs and lights.
All barricades and obstructions shall be illuminated by means of
warning lights at night. All lights used for this purpose shall
be kept burning from sunset to sunrise. Materials stored upon or
alongside public streets and highways shall be so placed, and the
work at all times shall be so conducted, as to cause the minimum
obstruction and inconvenience to the traveling public.
All barricades, signs, lights and other protective devices shall
be' installed and maintained in conformity with applicable
statutory requirements, and in conformance with the Manual of
Uniform Traffic Control Devices. All necessary barricades,
signs, lights and other protective devices will be furnished,
installed and maintained by the Contractor. This work shall be
subsidiary to the construction and no direct payment will be made
for it.
GP-21. EXISTING UNDERGROUND 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 lines, conduits and structures by
contacting owners of underground utilities and by prospecting in
advance of the excavation.
Any delays to the Contractor caused by pipe lines or other
underground structures or obstructions not shown by the plans, or
found in locations different than those indicated, shall not
1 constitute a claim for extra work, additional payment or damages.
No payment will be made to the Contractor for locating and
' protecting utilities and cooperating with their owners, and any
damages caused to the utilities by the Contractor's negligence
shall be repaired entirely at the Contractor's expense.
Utilities, other than sanitary sewers and water mains, which, in
the opinion of the Engineer, must be moved will be moved by the
utility company at no cost to the Contractor. Sanitary sewers
' which must be moved shall be re-laid by the Contractor and paid
for at the prices bid. Only sewers which must be moved because
of direct conflict with the storm sewer conduit will be paid for
in this manner. Sewers damaged by excavation but not in direct
conflict with the storm sewer will be repaired at the
Contractor's expense.
GP-22. PROTECTION OF WORK AND PROPERTY
The Contractor shall be accountable for any damages resulting
from his operations. He shall be fully responsible for the
protection of all persons including members of the public,
employees of the City and employees of other contractors or
subcontractors and all public and private property including
structures, sewers and utilities above and below ground, along,
beneath, above, across or near the site or sites of the work, or
other persons or property which are in any manner affected by the
prosecution of the work.
The Contractor shall furnish and maintain all necessary safety
equipment such as barriers, signs, warning lights and guards as
required to provide adequate protection of persons and property.
The Contractor shall give reasonable notice to the owner or
owners of public or private property and utilities when such
property is liable to injury or damage through the performance of
the work, and shall make all necessary arrangements with such
owner or owners relative to the removal and replacement or
protection of such property or utilities.
In an emergency affecting the safety of life or of the work or of
adjoining property, the Contractor, without special instruction
or authorization, is hereby permitted to act at his discretion to
prevent such threatened loss or injury, and he shall so act. Any
compensation, claimed by the Contractor on account of emergency 1
work, shall be determined by agreement or arbitration.
The Contractor agrees to hold the City harmless from any and all
loss or damages arising out of jurisdictional labor disputes or
other labor troubles of any kind that may occur during the
construction or performance of this contract.
GP-23. GUARANTEE OF MATERIALS AND WORKMANSHIP
The Contractor hereby guarantees the work in connection with this
contract against faulty materials or poor workmanship during the
period of one ( 1 ) year after the date of completion of the
contract.
GP-24. NO WAIVER OF RIGHTS 1
Neither observation of work by the City or any of their
officials, employees, or agents, nor any order by the City for
payment of money, or any payment for, or acceptance of, the whole
or any part of the work by the City, nor any extension of time,
nor any possession taken by the City or its employees, shall
operate as a waiver of any provision of this contract, or of any
power herein reserved to the City, or any right to damages herein
provided, nor shall any waiver of any breach in this contract be
held to be a waiver of any other or subsequent breach.
GP-25. USE OF COMPLETED PORTIONS
If desired by the City, portions of the work may be placed in
service when completed or partially completed and the Contractor
shall give proper access to the work for this purpose; but such
use and operation shall not constitute an acceptance of the work,
and the Contractor shall be liable for defects due to faulty
construction until the entire work under this Contract is finally
accepted and for the guarantee period thereafter.
GP-26. ADDITIONAL, OMITTED OR CHANGED WORK
The Owner, without invalidating the Contract, may order
additional work to be done in connection with the Contract or may
alter or deduct from the work, the Contract sum to be adjusted
accordingly. All such work shall be executed under the
conditions of the original Contract and subject to the same
standards of workmanship and performance as though therein
included.
The Engineer shall have authority to make minor changes in the
work, not involving cost, and not inconsistent with the purposes
of the work.
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.
If the modification or alteration increases the amount of work to
' be done, and the added work or any part thereof is of a type and
character which can be properly and fairly classified under one
or more unit price items of the Proposal, then such added work or
' part thereof shall be paid for according to the amount actually
done and at the applicable unit price. or prices therefor.
Otherwise, such work shall be paid for as ' 'Extra Work" as
hereinafter provided in this Article GP-26.
' 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 change.
2. Allowance to the Contractor for any actual loss incurred
in connection with the purchase, delivery and subsequent
disposal of materials or equipment required for use on
the work planned and which could not be used in any part
of the work as actually built.
3. Any other adjustment of the Contract amount where the
method to be used in making such adjustments is not
clearly defined in the Contract Documents.
Statements for extra work shall be rendered by the Contractor not
later than fifteen ( 15 ) days after the completion of each
assignment of extra work and if found correct will be approved by
the Engineer and submitted for payment with the next regular
monthly estimate.
The Owner reserves the right to contract with any person or firm
other than the Contractor for any or all extra work. The
Contractor's attention is especially called to the fact that he
shall be entitled to no claim for damages or anticipated profits
on any portion of the work that may be omitted.
Extra Work:
(a) The term "Extra Work' shall be understood to mean and
include all work that may be required to accomplish any change or
alteration in or addition to the work shown by the Plans or
reasonably implied by the Specifications and not covered by the
Contract proposal items and which is not otherwise provided under
this Article GP-21.
(b) The Contractor shall perform all extra work under the
direction of the Engineer when authorized by the Owner. The
compensation to be paid the Contractor for performing extra
work shall be determined by one or more of the following
methods:
1. Method A: By agreed unit price
2. Method B: By agreed lump sum.
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
Contractor to do so.
But if the work, or any part thereof, shall be stopped by the
notice in writing aforesaid, and if the Owner does not give
notice in writing to the Contractor to resume within a reasonable
period of time, then the Contractor may abandon that portion of
the work so suspended and he will be entitled to the estimates
and payments for all work done on the portions abandoned, if any.
GP-23. 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, may,
without prejudice to any other remedy he may have, make good such
deficiencies and may deduct the cost thereof from the payment
then or thereafter due the Contractor.
GP -29. OWNER' S RIGHT TO TERMINATE CONTRACT
If the Contractor should be adjudged a bankrupt, or if he should
make a general assignment for the benefit of his creditors, or if
a receiver should be appointed on account of his insolvency, or
if he should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to
supply enough properly skilled workmen or proper materials, or if
he should fail to make prompt payment to subcontractors or for
material or labor, or persistently disregard laws, ordinances or
the instructions of the Engineer, or otherwise be guilty of a
substantial violation of any provision of the Contract, then the
Owner may, without prejudice to any other right or remedy and
after giving the Contractor seven ( 7 ) days written notice,
terminate the employment of the Contractor and take possession of
the premises and of all materials, tools, and appliances thereon
and finish the work by whatever method he may deem expedient.
In such case, no further payment will be made the Contractor
' until the work is finished. If the- unpaid balance of the
contract price shall exceed the expense of finishing the work,
including compensation for additional managerial and
administrative services, such expenses shall be paid to the
Contractor. If such expense shall exceed such unpaid balance,
the Contractor shall pay the difference to the Owner.
GP-30. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work should be stopped under an order of any court, or
other public authority, for a period of three months, through no
1
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, or 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.
Night work may be established by the Contractor as a regular
procedure with the written permission of the City; such
permission however, may be revoked at any time by the City if the
Contractor fails to maintain adequate equipment and supervision
for the proper prosecution and control of the work at night.
GP-33. UNFAVORABLE CONSTRUCTION CONDITIONS
During unfavorable weather, wet ground, or other unsuitable
construction conditions, the Contractor shall confine his
operations to work which will not be affected adversely thereby.
No portion of the work shall be constructed under conditions
which would affect adversely the quality or efficiency thereof,
unless special means or precautions are taken by the Contractor
to perform the work in a proper and satisfactory manner. ,
GP-34. OMITTED
GP-35. MATERIALS AND EQUIPMENT 1
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 incorporated in the work. No such material or
equipment shall be used by the Contractor for any purpose other
than that intended or specified, unless such use is specifically
authorized by the Engineer in each case.
GP-36. DEFENSE OF SUITS
In case any action at law or suit in equity is brought against
the City or any officer or agent of them for or on account of the
failure, omission, or neglect of the Contractor to do and perform
any of the covenants, acts, matters, or things by this contract
undertaken to be done or performed, or for the injury or damage
caused by the negligence or alleged negligence of the contractor
or his subcontractors or his or their agents, or in connection
with any claim or claims based on the lawful demands of
subcontractors, workmen, material men, or suppliers of machinery
and parts thereof, equipment, power tools, and supplies incurred
in the fulfillment of this contract, the .Contractor shall indem-
nify and save harmless the City and their officers and agents, of
and from all losses, damages, costs, expenses, judgments, or
decrees whatever arising out of such action or suit that may be
brought as aforesaid.
GP-37. 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.
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.
GP-39. CONTRACT TIME EXTENSION
The Engineer may make allowance for time lost due to causes which
he deems justification for extension of contract time. If the
Contractor claims an extension of contract time on the grounds
' that he is unable to work due to causes beyond his control, he
shall state his reasons in writing, furnish proof to establish
his claim and state the approximate number of days he estimates
he will be delayed. Notice of intention to claim an extension of
' contract time on the 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.
1 . Completion by Working Days. If the time for the
completion of the work is based upon 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 6 hours or over unless other unavoidable
conditions prevent the Contractor's operation. If conditions are
such as to stop work in less than 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, national holidays and
holidays established by the laws of the State will not be counted
as working days any time during the year.
GP-40. LIQUIDATED DAMAGES
Time is an essential element of the contract and it is therefore
important that the work be pressed vigorously to completion.
Should the Contractor or in case of default the surety fail to
complete the work within the time specified in the contract, or
within such extra time as may be allowed in the manner set out in
the preceding sections, a deduction of an amount as set out in
the contract will be made; for each day and every calendar day
that such contract remains uncompleted after the time allowed for
the completion. The said amount set out in the proposal is
hereby agreed upon, not as a penalty but as liquidated damages
for loss to the City and the public, after the expiration of the
time stipulated in the contract, and will be deducted from any
money due the Contractor under the contract, and the Contractor
and his surety shall be liable for any and all liquidated
damages. Permitting the Contractor to continue and finish the
work or any part of it after the expiration of the specified
time, or after any extension of the time, shall in no way operate
as a waiver on the part of the City or any of its rights under
the contract.
GP-41. MEASUREMENT AND PAYMENT
(a) Basis for Payment
Contractor will be paid for quantities actually constructed or
performed as determined by field measurement (except as may be
hereinafter provided) at the unit price bid for the items listed
in the schedule of the Bid or for such extra work as may be
authorized and approved by the Engineer. The cost of incidental
work not listed in the schedule of the Bid but necessary for the
completion of the project shall be included in bid items.
(b) Deductions for Uncorrected Work
If the Engineer deems it expedient not to correct work that has
been damaged or that was not done in accordance with the
Contract, an equitable deduction from the Contract price shall be
made therefore.
(c) Lump Sum Items
Payment for each lump sum item shall be at the lump sum bid for
the item, complete in place, and shall include the costs of all
labor, materials, tools, and equipment to construct the item as
described herein and to the limits shown on the plans.
(d) Partial Payment
Partial payment will be made on a monthly basis. The payment
shall be based on the work that has been approved and found
acceptable under the contract by the City Engineer or inspector.
A 10% retainer equal to 10% of the contract amount shall be
withheld for a period of thirty (30) days after the improvement
has been approved.
This retainer shall be withheld to insure the rectification of
complaints as deemed legitimate by the Department of Public
Works. After said thirty (30) day period is expired and all
legitimate complaints are rectified, the retainer shall be
released to the Contractor.
(e) Acceptance and Final Payment
Upon receipt of written notice that the work is ready for final
inspection and acceptance, the Engineer will promptly make such
inspection, and when he finds the work acceptable under the
Contract and the Contract fully performed he will promptly issue
a final certificate, over his own signature, stating that the
work required by this contract has been completed and is
acceptable by him under the terms and conditions thereof, and the
entire balance found to be due the Contractor, including the
�. retained percentage, shall be paid to the Contractor by the City
of Jefferson within thirty (30) days after the date of said final
certificate.
' ( f) Certificate of Compliance
' Monies due to the Contractor will not be delivered to the
Contractor without presentation to the Department of Public Works
a Certificate of Compliance- -on prescribed form attached to the
back of these contract documents.
GP-42. RELEASE OF LIABILITY
The acceptance by the Contractor of the last payment shall
operate as and shall be a release to the Owner and every officer
and agent thereof, from all claims and liability to the
Contractor for anything done or furnished for, or relating to the
work, or for any act or neglect of the Owner or of any person
relating to or affecting the work.
GP-43. CERTIFICATIONS
GP 43-1 All suppliers of materials such as drainage pipe or
handrail and all suppliers of asphaltic concrete or
portiand cement concrete mixtures shall certify in
writing that the product as supplied conforms fully with
these specifications. Such certification shall be
delivered in triplicate to the Department of Public
Works at least 24 hours before the product is to be used
on the project.
GP 43-2 The City, at its option, may perform or have performed
such tests as may be deemed necessary to further assure
that only specified materials are incorporated into the
work.
Such tests will be performed at no cost to the
Contractor.
GP-44. LOCAL PREFERENCE
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 $5000, the City shall select products
manufactured, assembled or produced in the United States, if
quantity, quality, and price are equal. Every contract for public
works construction or maintenance in excess of $5000 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
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 City, however, reserves the right to reject any and all
bids and to waive all informalities in bids received whenever
such rejection or waiver is in their interest.
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TECHNICAL SPECIFICATIONS
S-1 Plans
There are no drawn plans for this work. The cold planing work
is to be located in the City of Jefferson and County of Cole
on streets as designated in the Schedule of Quantities. The
areas and quantities given in the Schedule of Quantites 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. This planing work is in preparation for resurfacing
work.
S-2 Working Day 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 Department of Public
Works. The roadway routes with limited working hours shall
include all streets listed on the City of Jefferson Schedule
of Quantities.
S-3 Materials and Equipment and Construction Requirements
5-3 . 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 equipment. The drum patterns shall permit
a grooved or smooth surface finish 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. 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.
e The equipment planing shall provide for pick-up of
cuttings and elevating into dump trucks all in a single
operation. Use of fromt 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 patterns shall permit a smooth surface finish
after planing with groove spacing not to exceed one (1)
inch unless otherwise approved by the Department of
Public Works.
The planing machine shall be equipped with a flashing
yellow light visible 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.
S-3.2 Disposal of Cuttings
The City of County will supply an adequate number of dump
trucks and qualified drivers to accept the asphalt
cuttings for all work done in the City of Jefferson.
The contractor shall load cuttings onto the dump trucks
provided. All materials removed by the planing machine
will be the property of the City.
S-3.3 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 pavment is not
torm, gouged, shoved, broken, oil coated or otherwise
injured by the planing operation.
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 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.
S-3.3.1 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 travelled way will '
be required in certain areas.
S-3 . 3 .2 Transporting Equipment: All equipment used by the
Contractor having metal tracks shall not be driven over
City streets other than those streets being planed. Such
equipment must be transported.
S-3 .3.3 Tolerances
In all areas designated, sufficient passes or cuts shall
be 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 leveling course prior to the overlaying oeration. The
maximum tolerance in a longitudinal direction shall be
1/2 inch under a 10 foot straight edge and shall be 3/8
inch under an 8 foot straight edge in a transverse
direction.
S-4 Traffic Control and Traffic Routing
Construction operations shall be coordinated to result in the
least practicable delay to traffic. One-way traffic shall be
carried through construction on all routes.
For work done in the City of Jefferson, the City will furnish
all signs, barricades, warning lights and all other equipment ..
necessary to direct and re-route traffic and will furnish
flagmen and other personnel necessary to provide the required
traffic control, and removal of cars in accordance with the
approved schedule of operations.
S-5 Utility Manholes, Curbs and Surface Accessories
The contractor shall plane around and over manholes and
utility valves within the limits of the work specified. This
work must be done during or after planing work on the streets
involved. The contractor shall be responsible for correcting
or repairing any damage to manholes or valves caused by the
planing operation. All manholes and valves in the planing area
shall be cut as directed by the Department of Public Works.
This work shall be subsidiary to the square yards of planing,
no direct payment shall be made.
S-6 Advance Notice
' The Department of Public Works shall be notified at least
twenty-four (24) hours in advance before starting
construction.
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