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HomeMy Public PortalAboutORD14353 i CONTRACT DOCUMENTS pop CITY • • • Ems._ � �� -� � �. l OF R • 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 32098 Washington and Broadway Sidewalks 1 1 • 1 1 ' Jefferson City Department of Community Development ' April, 2008 1 • 1 TABLE OF CONTENTS ' Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form ' Bid Bond • Anti-Collusion Statement ' Contractor's Affidavit • Minority Business Enterprise Statement • Minority Business Utilization Agreement ' Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond ' General Provisions • Special Provisions • Attachments ' • Addendums � If Any ) (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) • 1 ' ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM,on Tuesday,April 8, 2008. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work for the project entitled "Project No. 32098, Washington and Broadway Sidewalks"will include the furnishing of all material, labor, and equipment to remove and reconstruct sidewalks and curb and gutter along the 700 and 800 blocks of Broadway and Washington Streets and various stormwater inlets and piping. A pre-bid conference will be held at 9:00 AM, on Tuesday, April 1, 2008 in the ' Thomas Jefferson Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. ' Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for ' • each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. ' 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 Terry Stephenson Purchasing Agent Publication Date Sunday, March 23, 2008 1 • ' NOTICE TO BIDDERS • ' Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street,Jefferson City, Missouri, until 1:30 PM on Tuesday,April 8,2008. The ' bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work for the project entitled "Project No. 32098, Washington and Broadway Sidewalks"will-include-the-fumishing-of-all-material, labor, and equipment to remove and reconstruct sidewalks and curb and gutter along the 700 and 800 blocks ' of Broadway and Washington Streets and various stormwater inlets and piping. A pre-bid conference will be held at 9:00 AM, on Tuesday, April 1, 2008 in the ' Thomas Jefferson Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. ' All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, • Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five(5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. ' The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON, MISSOURI Patrick E. Sullivan, PE ' Director of Community Development ' INFORMATION FOR BIDDERS • I13-1 SCOPE OF WORK The work to be done under this contract includes the furnishing of all technical personnel, labor, ' materials,and equipment required to perform the work included in the project entitled"Project No. 32098, Washington and Broadway Sidewalks" in accordance with the plans and specifications on file with the Department of Community Development. ' The proposed work for this project will include the furnishing of all material, labor, and equipment to remove and reconstruct sidewalks.and curb and gutter along the 700 and ' 800 blocks of Broadway and Washington Streets and various stormwater inlets and piping. I13-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, ' specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. ' I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications ' shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. ' I13-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract tand to complete the work contemplated therein. I13-5 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. • 1 IB-6 BID SECURITY • Each bid must be accompanied by a certified check or bid bond made payable to the City of ' Jefferson for five percent (5%) of the amount of the bid. Bid securities will be 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 as liquidated damages for such failure or refusal, the security deposited with his bid. I13-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. ' All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. ' Extensions of quantities and unit prices shall be carried out to the penny. I13-8 PRICES ' The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. ' • Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the ' Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the.cost of such taxes. 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. • 1 1 ' IB-10 .LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. ' IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 32098, Washington and Broadway Sidewalks". IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. ' IB-13 WITHDRAWAL OF BIDS ' If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90)days 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 reserves the right to reject any or all bids,to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. IB-15 AWARD OF CONTRACT tIf, 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 Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be ' deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND ' A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A form for the bidders use is contained in these Contract Documents. ' The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 1 • 1 1 ' IB-17 INDEMNIFICATION AND INSURANCE ' • The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other ' expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance ' outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER ' 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 1 case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT ' Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. ' IB-20 PREVAILING WAGE LAW ' The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (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, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment.of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. ' The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the ' date of installation thereof. 1 _ ' If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. ' In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice, to begin construction work will be given to the Contractor by the City of Jefferson within ten(10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE ' To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the ' Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of work are to be performed. ' IB-24 CONTRACT TIME The contract time shall be 60 working days. ' IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete, should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY ' Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-27 BID PACKET ' Each bid must be submitted on the prescribed forms and contain certain certifications and documentation.. ' Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. ' If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: 1 ' Purchasing Agent City of Jefferson, MO 320 E. McCarty Street ' Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the ' project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: ' 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT ' 4)- CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT. I END OF INFORMATION FOR BIDDERS 1 1 ' BID FORM Name of _ Bidder F�BOA � ST(�i( ��1(`�I`�l Co. Address of Bidde&)4 C BAR I)Ri\/ E :T10'. , 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 extent 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 ' installations, 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, 1 transportation, hauling, and rail delivery facilities;and(i)all otherfactors 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 thatthe 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: • 1 ' Page 1 of 1 ' CITY OF JEFFERSON • ITEMIZED BID FORM ' WASHINGTON AND BROADWAY SIDEWALKS PROJECT NO. 32098 ITEM APPROX. UNIT ' NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Construction Signage and Traffic Control LS 1 / Q� 0 ' 2 Removals LS 1 3 Rock Excavation CY 5 4 Linear Grading LF 2043 7. ay / q 5 Subgrade Stabliization TON 10 0 ' 6 4'x 3'Type A Inlet EA 4 2 ,t 06 O0 7 6'x 3'Type A Inlet EA 2 �7"�Q�CI (1 ' 8 6'x 5'Type A Inlet EA 1 2 , gQ b 00 9 4'x 4'Junction Box EA 1 Q—�� 214600 ' 10 6'x 4'Junction Box EA 1 :2, 2— on 11 15"Dia. RCP Class III LF 137 ' • 12 18"Dia. RCP Class III LF 71 13 24"Dia. RCP Class III LF 60 " 6�n b 14 Flcwable Fill for Pipe Abandonment CY 8 1 2 r(o g(p O 15 Type A Curb and Gutter, Remove and Replace LF 693 / 743 -Z-5- ' 16 4"Thick PCC Sidewalk, Remove and Replace SY 1104 17 . 6"Thick PCC Sidewalk Ramps SY 103 ' 18 Detectable Warning Panels SF 168 3 , 19 6"Thick PCC Residential Drive Approach SY 15 �c �06 '. 20 6"Thick PCC Residential/Comercial Drive SY 80 660 21 8"Thick Comercial Drive/Alley Approach SY 95 7. cv ;2, 22 Temporay Mulch SY 1452 p O 23 Seeding and Mulching AC 0.7 ,b¢ 10 TOTAL BASE BID 7 � ' -gnature of Bidder Da e • 1 1 SUBCONTRACTORS If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. 1 TIME OF COMPLETION The undersigned hereby agrees to complete the project within 60 working 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 sixty (60) days after the date of opening of bids, or any time ' thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing,telegraphing,or delivering of such notice, execute and deliver a Contract in the form of Contract attached. iThe undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: F� CO/U (1l1lUS7,Di1,(�'T dill O©, '-0014 A, 70 m& . &5W tIt 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. • 1 1 Signature of Bidder: • If an individual, , doing business as ' If a partnership,E F(—)6 0 (-OkE7T iaC-TZDiU CO : , member of firm. by��IJ i[U-q(jSo1n ' If corporation, by Title tSEAL lie Business Address of Bidder 40-1-4 dMRA 7)g.LV C- -TO, A0,11Y516/ If Bidder is a corporation, supply the following information: ' State in which incorporated Name and Address of its: President 1 Secretary r Date • 1 BID BOND • KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,______________________________________a as Principal, and as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of for the payment of which, well and ' truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this day of , 200 ' . The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF .JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing,for the project entitled: ' "Project No. 32098, Washington and Broadway Sidewalks" NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance ' of said contract, and for the payment of all persons performing labor or t furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within ' which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. ' IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth ' above. Principal By: SEAL ' Surety By: 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, FERRO_ON CONSM LMON CiWANY _—as Principal, and OOMRACIORS BOMDC AND INSURANCE =ANY as Surety, are hereby held and firmly ' bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of FIVE PERCENT' OF BID AMMf - - - - - - - - - ------- for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this 8t?__day of APx , 2008 ' The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter Into a contract in wrftfng.for the project entitled: "Project No. 32098, Washington and Broadway Sidewalks" NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall In all other respects perform the agreement created by the acceptance of said Bid. then this obligation shall be void, otherwise the same shall remain In force and effect; it being expressly understood and agreed that the liabillty of the Suretyfor any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ' The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and Its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are.corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and yearfirst set forth above. FER03N CONSIRUCITON OCMPANY �6ptNG ANp� '�, nci al BY OOMRACIORS BONDING AND INSURANCE CCWANY z: SEAL o S ety- 17 979 _ a By. hn H. 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Affiant further certifies that bidder is not financially interested in, or financially affiliated ' with, any other bidder for the above project. ' (BY ' (BY) Sworn to before me this `h day of , 200 ' LAUREN EICHELSERGER Notary Public-Notary Seal STATE OF MISSOURI 1 county of Cole _ NtZTARY PU IC My Commission Expires 12/28/2010 Commission#06989012. My commission expires: 2 EO r CONTRACTOR'S AFFIDAVIT • ' This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF WSSO/16-1 ) ' ) SS COUNTY OF The undersigned, , of lawful age, being first duly sworn states upon oath that he is -arnuscn of v M T-7- , ' 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 lie 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. 1 I9J -'e Xz In AFFIANT Subscribed and s orn to before e a tary Public, in an f the County and State aforesaid, this day of ' 20 LAUREN EICHELBERGER Notary Public-Notary seal STATE OF MISSOURI OTAR UBLIC county of Cale My commission Expires 1212812010 ' commission#06989012 My Commission Expires: L-z 2 g I zol O r MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least two (2) % of the contract, if awarded, for Minority Business Enterprise(MBE). For purposes of this goal, 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); 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)]. ' 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. I ' 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 'Duct 94 13t Total Bid Amount: Total: 10.3 (� ' Percentage of Minority Enterprise Participation: 60 % Y rp ' C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the ' City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding ' contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this ' agreement and is authorized to bind the bidder to the agreement herein set forth. cq�� 0� ' NAME O AUTHORIZED OFFICER DATE x ; SIGNATURE 9F AUTHORIZED OFFICER ' AFFIDAVIT ' COMPLIANCE WITH PREVAILING WAGE LAW 1 Before me, the undersigned Notary Public, in and for the County of , State of _ ,-personally came and appeared - - - -- - NAME POSITION of the NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 ' through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions ' and requirements and with Annual Wage Order No. 14, Section 026, Cole County .in carving out the contract and work in connection with Project No. 32098, Washington and'Broadway Sidewalks located at Jefferson City in • Cole County, Missouri, and completed on the day of , 20 r SIGNATURE Subscribed and sworn to me this day of , 20 NOTARY PUBLIC My commission expires: STATE OF MISSOURI ) ss ' COUNTY OF ) • 1 1 • Missouri 1 � 1 Division of Labor Stan dards WAGE AND HOUR SECTION 1 . F THE S h a o O ba a sli 7 3y Mncccx �O 1 MATT BLUNT, Governor Annual Wage Order No. 14 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and 1 Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. 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 65102-0449 pursuant to 1 8 CSR 20-5.010(1). A certified copy of the Annual.Wage Order has been filed with the Secretary of State of Missouri. 1 Original Signed by Allen E. Dillingham, Director 1 Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 9. 2007 1 Last Date Objections May Be Filed: April 9,2007 • Prepared by Missouri Department of Labor and Industrial Relations i 1 Building Construction Rates for REPLACEMENT PAGE Section 026 • COLE County , "Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase * Rates Schedule Schedule ' Asbestos Worker 10/07 $27.74 55 60 $14.61 Boilermaker 9/07 $28.90 57 7 $18.75 Bricklayers-Stone Mason $26.06 59 7 $10.71 Carpenter $22.18 60 15 $9.77 ' Cement Mason $21.59 9 3 $9.70 Electrician Inside Wireman $27.21 28 7 $10.69+ 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE ' Elevator Constructor 1/08 a $38.715 26 54 $17.675 Operating Engineer Group 1 5/07 $25.02 86 66 $16.42 Group II 5/07 $25.02 86 66 $16.42 ' Group III 5/07 $23.77 86 66 $16.42 Group III-A 5/07 $25.02 86 66 $16.42 Group IV 5/07 $22.79 86 66 $16.42 Group V 5/07 $25.72 86 66 $16.42 ' Pipe Fitter 7/07 b $32.00 91 69 $18.68 Glazier $15.00 FED $1.42 Laborer(Building): General $18.37 110 7 $8.99 ' First Semi-Skilled $20.37 110 7 $8.99 Second Semi-Skilled $19.37 110 7 $8.99 Lather USE CARPENTER RATE Linoleum Layer&Cutter USE CARPENTER RATE Marble Mason $26.06 59 7 $10.71 Millwright $23.18 60 15 $9.77 Iron Worker 8/07 $24.65 11 8 $15.87 ' Painter 2/08 $20.40 18 7 $8.77 Plasterer $20.61 94 5 $9.49 Plumber $22.00 FED $3.31 Pile Driver $23.18 60 15 $9.77 Roofer 9/07 $25.75 12 4 $10.69 Sheet Metal Worker 7/07 $26.12 40 23 $11.93 Sprinkler Fitter $16.00 FED $2.55 Terrazzo Worker $26.06 59 7 $10.71 Tile Setter $26.06 59 7 $10.71 Truck Driver-Teamster Group 1 $21.15 101 5 $8.00 ' Group II $21.85 101 5 $8.00 Group III $21.55 101 5 $8.00 Group IV $21.85 101 5 $8.00 ' Traffic Control Service Driver IWelders-Acetylene& Electric Fringe Benefit Percentage is of the Basic Hourly Rate ' Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at(573)751-3403. ' "*Annual Incremental Increase • *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.14 1/08 ' ' Building Construction Rates for REPLACEMENT PAGE Section 026 • COLE County Footnotes Ettective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 t 'Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets,use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% 'b- All work over$7 Million Total Mechanical Contract-$32.00,Fringes-$18.68 All work under$7 Million Total Mechanical Contract-$30.66,Fringes-$14.24 1 • 1 I • ' 'Annual Incremental Increase ANNUAL WAGE ORDER NO.14 7/07 1 COLE COUNTY , OVERTIME SCHEDULE-BUILDING CONSTRUCTION • FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 '/2)shall be paid for all work in excess ' of forty(40)hours per work week. NO.9: Means the regular workday starting time of 8:00 am.(and resulting quitting time of 4:30 p.m.)may be moved forward-to ' 6:00 am. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/2) times the regular pay. In the event time is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and ' holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight(8)hours shall constitute a day's work,with the starting time to be established between 6:00 a.m.and 8:00 ' a.m.from Monday to Friday. Time and one-half(1'/2)shall be paid for first two(2)hours of overtime Monday through Friday and the first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2) time rate. Double(2)time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. ' NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty(40)hours in one(1)work week,shall be paid for at the rate of one and one-half(1'/2)times the regular hourly wage scale. All work performed within the regular working , hours which shall consist of a ten(10)hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(1'/2)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two (2) times the regular hourly rate. ' NO. 18: Means the regular work day shall be eight(8)hours. Working hours are from six(6)hours before Noon(12:00)to six (6)hours after Noon(12:00). The regular work week shall be forty(40)hours,beginning between 6:00 am. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(1'/2). Sunday and 1 Holidays shall be paid at double(2)time. Saturday can be a make-up day if the weather has forced a day off,but only in the week • of the day being lost. Any time before six(6)hours before Noon or six (6)hours after Noon will be paid at time and one-half (I'/2)• NO.26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 am., and 5:00 p.m., five(5) ' days per week,Monday to Friday,inclusive.Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on ' Construction Work on Saturdays,Sundays and before and after the regular working day on Monday to Friday,inclusive,shall be classified as overtime,and paid for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day work week at straight time pay for construction work;the regular working day shall consist of ten(10) hours worked consecutively,between 6:00 a.m.and 6:00 p.m.,four(4)days per week,Monday to Thursday,inclusive. Any work ' performed on Friday,Saturday,Sunday and holidays,and before and after the regular working day on Monday to Thursday where a four(4)ten(10)hour day workweek has been established,will be paid at two times(2)the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times(2)the single time rate of pay. • ANNUAL WAGE ORDER NO.14 A W 14 026 OT.doc Page 1 of 4 Pages ' COLE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION ' • NO. 28: Means a regular workday shall consist of eight(8)hours between 7:00 a.m. and 5:30 p.m.,with at least a thirty(30) minute period to be taken for lunch. Five(5)days a week,Monday through Friday inclusive,shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten(10)hour days(4-10's)provided: ' -The project must be for a minimum of four(4)consecutive days. -Starting time maybe within one(1)hour either side of 8:00 a.m. -Work week must begin on either a'Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented). -Any time worked in excess of any ten(10)hour work day(in a 4-10 hour work week)shall be at the appropriate overtime rate. '. All work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(1%2)times the employee's regular rate of pay. All work performed from 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double(2)the straight time hourly rate of pay. Should employees work in excess of twelve(12) t consecutive hours they shall be paid double time(23)for all time after twelve(12)hours. Shift work performed between the hours of 4:30 p.m.and 12:30 a.m.(second shift)shall receive eight(8)hours pay at the regular hourly rate of pay plus ten(10%) percent for seven and one-half(7'/2)hours work. Shift work performed between the hours of 12:30 a.m.and 8:00 a.m.(third shift) ' shall receive eight(8)hours pay at the regular hourly rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch period of thirty(30)minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half(1'/2)times the shift hourly rate. NO.40: Means the regular working week shall consist of five(5)consecutive(8)hour days'labor on the job beginning with Monday and ending with Friday of each week. Four(4)10-hour days may constitute the regular workweek. The regular working day shall consist of eight(8)hours labor on the job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All ' • hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half(1'/2)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2)times the regular ' hourly rate. In the event of rain,snow,cold or excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be designated as a"make-up"day,for an employee who has missed a day of work for personal or other reasons. Pay for"make-up"days shall be at regular rates. ' NO. 55: Means the regular work day shall be eight(8)hours between 6:00 a.m. and 4:30 p.m. The first two(2)hours of work performed in excess of the eight(8) hour work day,Monday through Friday, and the first ten(10) hours of work on Saturday, shall be paid at one&one-half(1'/2)times the straight time rate. All work performed on Sunday,observed holidays and in excess ' of ten(10)hours a day,Monday through Saturday,shall be paid at double(2)the straight time rate. NO.57: Means eight(8)hours per day shall constitute a day's work and forty(40)hours per week,Monday through Friday,shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant,the Employer may change the regular workweek to four(4)ten-hour days at ' the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight(8)hours,Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half(1'/2) except in cases where work is part of an employee's regular Friday shift. All time ' worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. ANNUAL WAGE ORDER NO.14 ' A W 14 026 OT.doc Page 2 of 4 Pages COLE COUNTY , OVERTIME SCHEDULE-BUILDING CONSTRUCTION • NO.59: Means that except as herein provided,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per ' week shall constitute a week's work. All time worked outside of the standard eight(8)hour work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(1'/z). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double(2)time. The Employer has the option of working either five(5)eight hour days or four ' (4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten(10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute a weeks work,Monday through Thursday,inclusive. In the event the job is down for any reason beyond the. Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day;straight time not ' to exceed ten(10)hours or forty(40)hours per week. When the five day(8)hour workweek is in effect,forty (40) hours per week shall constitute a week's work,Monday through Friday,inclusive. in the event the job is down for any reason beyond the Employer's control,then Saturday may, at the option of the Employer, be worked as a.make-up day; straight time not to exceed eight(8)hours or forty(40).hours per week. The regular starting time(and resulting quitting time)may be moved to 6:00 a.m.or ' delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. NO.60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If ' an Employer elects to work five 8-hour days during any work week,hours worked more than eight(8)per day or forty(40)per week shall be paid at time and one-half(1'h) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty(40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain or mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. ' It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days,between the hours of 6:30 a.m.and 6:30 p.m. in any week,work performed more than ten(10) hours per day or forty (40) hours per week shall be paid at time and one half(1'/2) the hourly wage rate plus fringe benefits , Monday through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather,the Employer may work ten(10)hours on Friday at straight time. Friday must be scheduled for no more than ten(10)hours at the straight time rate, but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1'/z)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for • ' at time an d one-half (1'/z)the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 a.m. (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one(1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an ' amount equal to the fringe benefits. NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 a.m.and ending at , 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Employer may have the option to schedule his work week from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all hours in excess of ten(10)hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, inclement weather or ' holiday,he shall have the option to work Friday at the straight time rate of pay to complete his forty(40)hours. If an employee declines to work Friday as a make-up day,he shall not be penalized.All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'/2)of the hourly rate plus an amount equal to one-half('/2)of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO.91:Means eight(8)hours shall constitute a day's work commencing at 8:00 a.m.and ending at 4:30 p.m,allowing one-half ' ('/2)hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m.and 9:00 a.m. The regular workweek shall consist of forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4)ten(10)hour days from Monday through Thursday,with Friday as a make-up day. If the make-up day is a holiday,the employee shall be paid at the double(2)time rate. The employees shall be paid time and one-half(1'/z)for work performed before ' the regular starting time or after the regular quitting time or over eight(8)hours per work day (unless working a 10-hour work day,then time and one-half(1'/2)is paid for work performed over ten(10)hours a day)or over forty(40)hours per work week. Work performed on Saturdays,Sundays and recognized holidays shall be paid at the double(2)time rate of pay. ' • ANNUAL WAGE ORDER NO. 14 A W 14 026 OT.doc Page 3 of 4 Pages ' COLE COUNTY OVERTIME SCHEDULE-BUILDING CONSTRUCTION ' • NO.94: Means eight(8)hours shall constitute a days work between the hours of 8:00 a.m. and 5:00 p.m. The regular workday starting time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/2) times the regular pay. In the event time is lost during the work week due to weather conditions,the Employer may schedule work ' on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO.101: Means that except as provided below,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per ' week shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(1'/2)(except as herein provided). All time worked on Sunday and recognized holidays shall be classified as overtime and paid at the rate of double(2) time. The regular ' starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal forty(40)hour work week When a four(4)ten-hour day work week is in effect,the standard work day shall be consecutive ten (10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday ' through Thursday,inclusive. In the event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day; straight time not to exceed ten(10)hours per day or forty(40) hours per week. Starting time will be designated by the employer. When the five(5)day eight(8)hour workweek is in effect,forty ' (40)hours per week shall constitute a week's work,Monday through Friday,inclusive. In the event the job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer,be worked as a make-up day; straight time not to exceed eight(8)hours per day or forty(40)hours per week. Make-up days shall not be utilized for days lost due to holidays. ' NO. 110: Means eight(8)hours between the hours of 8:00 a.m.and 4:30 p.m.shall constitute a work day. The starting time may be advanced one(1)or two(2)hours. Employees shall have a lunch period of thirty(30)minutes. The Employer may provide a lunch period of one(1) hour, and in that event,the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday(or 5:00 p.m. on Friday if.the Employer grants a ' • lunch period of one(1)hour), or as adjusted by starting time change as stated above. All work performed before 8:00 a.m. and after 4:30 p.m. (or 5:00 p.m.where one(1)hour lunch is granted for lunch)or as adjusted by starting time change as stated above or on Saturday, except as herein provided,shall be compensated at one and one-half(1'/2)times the regular hourly rate of pay for ' the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty(40)hours,Monday through Friday,or any part thereof by reason of inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight(8)hour days or four ten(10)hour days Monday ' through Friday. If an Employer elects to work five(5)eight(8)hour days during any work week,hours worked more than eight (8)per day or forty (40) hours per week shall be paid at time and one-half(1'/2)the hourly rate Monday through Friday. If an Employer elects to work four(4)ten(10)hour days in any week,work performed more than ten(10)hours per day or forty(40) hours per week shall be paid at time and one-half(1'/2)the hourly rate Monday through Friday. If an Employer is working ten(10) ' hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(10)hours at the straight time rate,but all hours worked over the forty (40)hours Monday through Friday will be paid at time and one-half(1'/2)overtime rate. t • ' ANNUAL WAGE ORDER NO. 14 A W14 026 OT.doc Page 4 of 4 Pages COLE COUNTY t HOLIDAY SCHEDULE-DILDING CONSTRUCTION • NO3 All work done on New Year's Day,Decoration Day,July 4th,Labor Day,Veteran's Day,Thanksgiving Day and , Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. N0.4AII work done on New Year's Day,Memorial Day,Inde pendence Day,Labor Day,Thanksgiving and Christmas Day ' shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday,Friday will be observed as the recognized holiday. NO.5 All work that shall be done on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, ' Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. NO.IAII work done on New Year's Day,Memorial Day,Indepe ndence Day,Labor Day,Veteran's Day,Thanksgiving Day, , and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday,it shall be observed on the following Monday. If a holiday falls on a Saturday,it shall be observed on the preceding Friday. NO.8All work performed on New Year's Day,Memorial Day, Independence Day,Labor Day,Veteran's Day,Thanksgiving ' Day,and Christmas Day,or the days observed in lieu of these holidays,shall be paid at the double time rate of pay. N0.3All work accomplished on the recognized holidays of New Year's Day,Decoration Day(Memorial Day),Independence ' Day(Fourth of July),Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday,it shall be observed on the preceding Friday. If a holiday falls on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmas Day,Decoration Day or Independence Day except to preserve ' life or property. NO3 :All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls • , on Sunday,the following Monday shall be considered a holiday. NOAAII work performed on New Year's Day,Memorial Day, Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,the Friday after Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rats of pay. When a holiday , falls on Saturday,it shall be observed on Friday. When a holiday falls on Sunday,it shall be observed on Monday. NO.6 All work performed on New Year's Day,Armistice Day(Veteran's Day),Decoration Day(Memorial Day), , Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday,Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. NO.6 All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's , Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,shall be paid at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a ' Sunday,the following Monday shall be observed as a holiday. NO.f All work performed on New Year's Day,Decoration Day,July Fourth,Labor Day,Veteran's Day,Thanksgiving Day or Christmas Day shall be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the ' day before Christmas will also be holidays,but if the employer chooses to work these days,the employee will be paid at straight -time rate of pay. if a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. • ANNUAL WAGE ORDER NO. 14 AW014 026 BHol.doc Page 1 of 1 Page ' Heavy Construction Rates for REPLACEMENT PAGE Section 026 ' COLE County 'Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' CARPENTER Journeymen 5/07 $27.21 7 16 $9.76 Millwright 5/07 $27.21 7 16 $9.76 Pile Driver Worker 5/07 $27.21- 7 16 $9.76 ' OPERATING ENGINEER ' Group 1 5/07 $24.10 21 5 $16.34 Group II 5/07 $23.75 21 5 $16.34 Group III 5/07 $23.55 21 5 $16.34 Group IV 5/07 $19.90 21 5 $16.34 Oiler-Driver 5/07 $19.90 21 5 $16.34 LABORER ' General Laborer 5/07 $22.97 2 4 $8.78 Skilled Laborer 5/07 $23.57 2 4 $8.78 TRUCK DRIVER-TEAMSTER - Group 1 5/07 $25.02 22 19 $8.35 ' Group II 5/07 $25.18 22 19 $8.35 Group III 5/07 $25.17 22 19 $8.35 Group IV 5/07 $25.29 1 22 1 19 1 $8.35 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 1 , • ' "Annual Incremental Increase ANNUAL WAGE ORDER NO. 14 6/07 1 1 COLE COUNTY ' OVERTIME SCHEDULE—HEAVY CONSTRUCTION . NO.2: Means a regular workweek shall be forty(40)hours and will start on Monday and end on Friday. , The regular work day shall be either eight(8)or ten(10)hours. If a crew is prevented from working forty (40)hours Monday through Friday,or any part thereof,by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a ' regular crew on a make-up day,notwithstanding the fact that they may not have been employed the entire week,shall work Saturday at the straight time rate. A workday shift is to begin at the option of the Employer,between 6:00 a.m.and not later than 9:00 a.m. However,the project starting time may be ' advanced or delayed if required. If workmen are required to work the enumerated holidays or days observed as such or Sundays,they shall receive double(2)the regular rate of pay for such work. NO.7: Means the regular work week shall start on Monday and end on Friday, except where the , Employer elects to work Monday through Thursday,ten(10)hours per day. All work over ten(10)hours in a day or forty(40)hours in a week shall be at the overtime rate of one and one-half(1'/z)times the regular hourly rate. The regular workday shall be either eight(8)or ten(10)hours. If a job can't work ' forty(40)hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer,Friday or Saturday may be worked as a make-up day at straight time(if working 4-10's). Saturday maybe worked as a make-up day at straight time(if working 5-8's). Make-up days ' shall not be utilized for days lost due to holidays. A workday is to begin at the option of the Employer but not later than 11:00 a.m. except when inclement weather,requirements of the owner or other conditions beyond the reasonable control of the Employer prevent work. Except as worked as a make-up day,time on Saturday shall be worked at one and one-half(1'/z)times the regular rate. Work performed , on Sunday shall be paid at two(2)times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double(2)time rate of pay. NO.21: Means the regular workday for which employees shall be compensated at straight time hourly le , rate of pay shall,unless otherwise provided for,begin at 8:00 a.m.and end at 4:30 p.m. However,the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of ' the Employer,when working a five(5)day eight(8)hour schedule, Saturday may be used for a make-up day. If an Employer is prohibited from working on a holiday,that employer may work the following Saturday at the straight time rate. However,the Employer may have the option to schedule his work from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all hours in , excess of ten(10)hours in any one day to be paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control,he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) ' hours. If an Employer is prohibited from working on a holiday,that Employer may work the following Friday or Saturday at the straight.time rate. Overtime will be at one and one-half(1'/2)times the regular rate. If workmen are required to work the enumerated holidays or days observed as such,or Sundays, ' they shall receive double(2)the regular rate of pay for such work. NO.22: Means a regular work week of forty (40)hours will start on Monday and end on Friday. The regular work day shall be either eight(8)or ten(10)hours. If a crew is prevented from working forty ' (40)hours Monday through Friday,or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day,notwithstanding the fact that they may not have been employed the entire ' week, shall work Saturday at the straight time rate. A workday is to begin between 6:00 a.m. and 9:00 a.m. However,the project starting time may be advanced or delayed if mutually agreed to by the interested parties. For all time worked on recognized holidays,or days observed as such, double(2)time shall be paid. ' ANNUAL WAGE ORDER NO. 14 AW014 026 HOT.doc Pagel of 1 Page , ' COLE COUNTY HOLIDAY SCHEDULE—HEAVY CONSTRUCTION i ' • NO.4: All work performed on New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, Christmas Day,or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday,Monday shall be observed. ' NO. 5: The following days are recognized as holidays: New Year's Day,Memorial Day,Fourth of July, Labor Day'-Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.No work shall ' be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week,Monday through Friday, it shall be counted as eight(8)hours toward a forty (40)hour week; however,no reimbursement for this eight(8)hours is ' to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays,they shall receive double(2)the regular rate of pay for such work. The above ' shall apply to the four 10's Monday through Thursday work week.The ten(10)hours shall be applied to the forty (40)hour work week. NO. 16: The following days are.recognized as holidays: New Year's Day,Memorial Day,Fourth of July, ' Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday,it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week,Monday through Friday,it shall be counted as eight(8)hours toward the forty(40)hour week;however,no reimbursement for this eight(8)hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or ' • days observed as such,they shall receive double (2)the regular rate of pay for such work. NO. 19: The following days are recognized as holidays: New Year's Day,Memorial Day, Independence Day, ' Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, ' Monday through Friday, it shall be counted as eight(8)hours toward the forty (40)hour week;however, no reimbursement for this eight(8)hours is to be paid the workmen unless worked. An Employer working a four (4)day,ten (10)hour schedule may use Friday as a make up day when an observed holiday occurs during the ' work week. Employees have the option to work that make up day. If workmen are required to work the above enumerated holidays, or days observed as such,they shall receive double (2)the regular rate of pay for such work. i Aw014 116 HHol.doc ANNUAL WAGE ORDER NO. 14 Page]of]Page REPLACEMENT PAGE ' OUTSIDE ELECTRICIAN These rates are to be used for the following counties: , Adair,Audrain,Boone,Callaway,Camden,Carter,Chariton,Clark,Cole,Cooper,Crawford,Dent,Franklin, ' Gasconade,Howard,Howell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Maries,Marion,Miller,Moniteau, Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Putnam,Ralls,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington ' COMMERCIAL WORK Occupational Title Basic Total ' Hourly Fringe Rate Benefits *Joumqrnan Lineman $32.38 $4.75+41.55% ' *Lineman Operator $27.96 $4.75+41.55% *Groundman $21.62 $4.75+41.55% ' OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1'/z)the regular straight time rate of pay. ' Contractor has the option to pay two(2)hours per day at the time and one-half(1'/z)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday.Work performed outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at , the rate of double(2)time. • HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of , the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. UTILITY WORK ' Occupational Title Basic Total Hourly Fringe ' Rate_ Benefits *Joumeyman Lineman $32.38 $4.75+37.55% ' *Lineman Operator $27.96 $4.75+37.55% *Groundman $21.62 $4.75+37.55% OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 am.and 4:30 p.m.Forty , (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1'/z)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1'/z)the regular straight time rate of pay , between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday. Worked performed in the first eight(8)hours on Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of. double(2)time. , HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, • Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of , the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. *Annual Incremental Increase. ANNUAL WAGE ORDER NO. 14 9ro7 OUT SM A W W m4Aue , rAFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW • 1 I, the undersigned, , of lawful age, first ' being duly swom, state to the best of my information and belief as follows: 1. That I am employed as , by ' 2. That was awarded a public works contract for Project No.32098,Washington and Broadway Sidewalks. ' 3. That I have read and yam familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as ' • amended) FURTHER AFFIANT SAYETH NAUGHT.. AFFIANT 1 Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC ' My Commission Expires: ' STATE OF MISSOURI ) ss COUNTY OF ) • ' EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION ' I, the undersigned, , of lawful age, first being duly sworn, state to the best of my information and belief as follows: ' 1. That I am employed as by 2. That - was awarded a public works contract for Project No. 32098, Washington and Broadway Sidewalks. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as ' amended)an act relating to public works contracts,which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or ' • improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable ' of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT ' Subscribed and sworn to before me this day of , 20 ' NOTARY PUBLIC My Commission Expires: APPROVED BY: ' Director of Community Development, City of Jefferson, MO • 1 ' CITY OF JEFFERSON CONSTRUCTION CONTRACT 1 THIS CONTRACT, made and entered into this(_61_day of , 2008, by and between Fercon Construction Company hereinafteru referred to as ' "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". ' WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: ' Project No. 32098, Washington and Broadway Sidewalks. ' NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. ' Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "Washington and Broadway Sidewalks" in ' accordance with the plans and specifications on file with the Department of Community Development. ' 2. Manner and time for Completion. • Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary 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 60 working days from the date Contractor is ordered to proceed,which order shall be issued by the Director of Community Development within ' ten (10) days after the date of this contract. ' 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay 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 forthis project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 14, Section 026, Cole County rates as 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 Purchasing Agent of the • Jefferson City Finance Department 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 1 1 the stipulated rates for any work done under this contract, by the Contractor or any • subcontractor under the Contractor. ' 4. 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 $2,000,000 for all claims arising out of a single occurrence and $300,000 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 $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. ' (c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 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 $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 ' foranyone person in a single accident oroccurrence,exceptforthose 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 underthis 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. 1 ' 5. Contractor's Responsibility for Subcontractors. • It is further agreed that Contractor shall be as fully responsible to the City for the acts ' and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all ' subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as 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. 6. Liquidated Damages. The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due ' under this contract for every day the 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. • 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior ' written notice to Contractor,without prejudice to any other rights or remedies of the City should 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. ' 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7,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. 1 9. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims,damages, losses,and expenses including attorneys'fees arising out ' of or resulting from the performance of the work, provided that any such claim,damage, • loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to ' injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed by any ' of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. ' 10. 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. ' 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax ' exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. ' • 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this ' contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work bythe Directorof Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 7, 2008 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed One Hundred Twenty Nine Thousand Nine Hundred Twenty Three Dollars and Zero Cents ($129,923.00). 13. Performance and Materialman's Bonds Required. ' Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor ' and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. • Contractor hereby warrants that it has examined the location of the proposed work and ' the attached specifications and has fully considered such local conditions in making its bid herein. t 1 • 15. Severability. If any section,subsection, sentence,or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. ' 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this ' contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract,the City shall be entitled to recover its attorney's fees and expenses incurred in such action. ' 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid ' • 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. 18. Complete Understanding, Merger. ' Parties agree that this document including those documents described in the section entitled "Contract Documents"represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all priorcontracts and understandings between the Contractorand the City. ' 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. ' In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. ' 20. Amendments. This contract may not be modified,changed or altered by any oral promise or statement ' by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer • of the City. Contractor acknowledges that the City may not be responsible for paying ' for changes or modifications that were not properly authorized. 1 21. Waiver of Breech . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any ' of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, ' covenants or conditions herein. 22. Assignment. ' Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. ' 23. Nondiscrimination. 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. ' 24. Notices. ' All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 2014 Clara Drive,Jefferson City, MO 65101. ' The date of delivery of any notice shall be the second full day after the day of its mailing. r • IN WITN WHEREOF,the parties hereto have set their hands and seals this • day of , 2008. CITY OF JEFFERSON CONTRACTOR &4, O ' ay Title: Q wK.<p, loor ATTEST: ATTEST: 0" /1�1 ' ity CI Title: 1 • APPRO ED AST FORM: City Gvpdftelor • tBond No. JA4895 ' PERFORMANCE. PAYMENT AND GUARANTEE BOND • ' KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Fercon Construction Company, 2014 Clara Drive, Jefferson City, M 65101 hereinafter, referred to as "Contractor" and ' Contractors Bonding and Insurance Cappany ' a Corporation organized under the laws of the State of Washington and authorized to transact business in the State of ' Missouri as Surety, are held and firmly bound unto the ' City of Jefferson, Missouri hereinafter referred to as"Owner" One Hundred Wenty Nine Thousand Nine Hundred Wenty Three in the penal sum of and 00/ioo - - - - - - - - - - - - - - - - - - - - - DOLLARS 1 ($ 129,923.00 - - - - - - - - ), lawful money of the United States of America for the ' • payment of which sum, well and truly to be made, we bind ourselves and our heirs, i texecutors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the day ' of ,20 ,entered into a written contract with the aforesaid Owner forfurnishing all materials,equipment,tools,superintendence,labor,and otherfacilities ' and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with ' the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: • NOW THEREFORE, if the said Contractor shall and will, in all particulars,well,duly and ' faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law ' and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after ' acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. ' PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, ' materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries ' and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or ' its subcontractors in performance of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with ' interest as provided by law: ' • PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and 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 an act or ' omission, in any amount not exceeding the amount of this obligation together with interest as provided by law: 1 • 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 1 " seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at ' on this the day of , 20 ' Contractors Bonding and Insurance Company Fercon Construction Canpany SURETY COMPANY CONTRACTOR ��PS 80hD(NG�r rr, ORp � i '� . 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Y}1.'Ll.`i' - > ,zJ�t �/� t �t t..�- t c}....•..•.• � .y`z: �c X14'--r' A Y L-••.'..J in.:s�� :-2a ,j �^ tuc iSc' itj `u r s.._, �h„�„ Esc,... �. /, �.._ _....... _ s ,,._ �-�»w%�' �o.w- r t �.�t�i�b'�`,.� is ;z. i{���✓.Yl. r .t.....- _ t _,�kt2. �44Z,�� �%x, �. .r ; � .... x-" 4`" .� +.:_, t _ -✓r^'r;'kJi`;�' t..,. _Jt cj "_-�• s�f�__.✓3� �.•�,"-%�^ i .rte. ._.��. .,r`. ..-�,_ ,rr.,• _�,.=....;C� .....,°.�'•. .--.- �. ... ��,, ..-:,:. �-. �-..• - - "`-: (Ceirfnilczte of AJpfpoIntment and Re5aIluflo rn of the BoRrrd of Dh-ecton The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorneys)-in-Fact identified on the front side of this power of attorney,under and by the authority of the following resolutions adopted ' by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other • employee as may be specifically authorized by a particular board resolution(hereafter"Authorized Officer or Employee") ' may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,recognizances,and suretyship obligations of all kinds;and any Authorized Officer or Employee may remove ' any Such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding , upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed(if a seal be required); or (ii) when signed by the Authorized Officer or Employee,and countersigned and sealed , (if a seal be required)by a duly authorized attorney-in-fact or agent;or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the ' power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any Authorized Officer or Employee and the seal of the Company may be , affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. ' RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect;that all forms of powers of attorney previously or in the future approved ' by the Board of Directors,including,but not limited to,so called"fax or facsimile powers of attorney",where the entire • power of attorney is a facsimile,remain in full force and effect;and that one form of a power of attorney may be attached to one bond(for example,the form for which this resolution is a part may be attached to a bid bond),and another form of power of attorney may be attached to another bond(for example,a fax power of attorney may be attached to the final , bond for a project for which the different form of power was attached to the bid bond)without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary,and its corporate seal to be hereunto affixed this 13th day of June,2007. ' �2 �� Don Sirkin,President Attest: R.Kirk Eland,Secretary State of Washington County of King On June 13,2007 before me, Brenda J. Scott Notary Public,personally appeared Don Sirkin and R.Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me all that they executed the same in their ' authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS my hand and official seal. oaa� s110,V`%0 %Signature � rc / (seal) ""°oT�� 'A o 0 Brenda J.Scott,Notary Public ig®Lie :°a o ' ACORD DATE(MM/DD/YYYY) MI. CERTIFICATE OF LIABILITY INSURANCE 05/02/2008 PRODUCER Phone: (573)634-1141 Fax: (573)634-1159 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CENTRAL BANK INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 111 EAST MILLER STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 779 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. EFFERSON CITY MO 65101 ' INSURERS AFFORDING COVERAGE NAIC# I- NSURED INSURER A: GENERAL CASUALTY INSURANCE FERCON CONSTRUCTION INSURER B: ' C/O PAUL C.FERGUSON INSURER C: 2014 CLARA DRIVE JEFFERSON CITY MO 65101 INSURER D: INSURER E: ' COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTRIE POLICY EXPIRATION LIMITS LTR INSR DATE MMlDDlYV DATE MM/DDlYY GENERAL LIABILITY CCX0443043 08/02/07 08/02/08 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ee occurence) $ 100,000 ' CLAIMS MADE F_� OCCUR MED.EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 PRO- POLICY JECT LOC AUTOMOBILE LIABILITY CBA0270941 08/02/07 08/02/08 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 t ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ' ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CCU0491624 08/02/07 07/02/08 EACH OCCURRENCE $ 1,000,000 ' X OCCUR 1-1 CLAIMS MADE AGGREGATE $ 1,000,000 A $ DEDUCTIBLE $ X RETENTION$ 10,000 $ t WORKERS COMPENSATION AND CWCO270941 08/02/07 08/02/08 X TORYTLIM TS OTHER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000 A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 ' yes, ender SPECIAL PROVISIONS DeIOw E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER: DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WASHINGTON&BROADWAY SIDEWALKS PROJECT NO.32098 ' THE BELOW LISTED CERTIFICATE HOLDER IS LISTED ON THE ABOVE LIABILITY COVERAGE AS AN ADDITIONAL INSURED. ' CERTIFICATE HOLDER CANCELLATION CITY OF JEFFERSON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE DEPARTMENT OF COMMUNITY DEVELOPMENT EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE 20 EAST MC CARTY STREET TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, FFERSON CITY,MO.65101 ITS AGENTS OR REPRESENTATIVES. ' AUTHORIZED REPRESENTATIVE Attention: LARRY MERTENS ' ACORD 25(2001/08) Certificate# 2324 ©ACORD CORPORATION 1988 ' IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement ' on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between t the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 1 1 1 1 1 ' ACORD 25-S(2001108) Certificate#2324 GENERAL PROVISIONS ' • FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract", modified as set forth in the Special Provisions. ' GP-1 CONTRACT 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. Three-(3)copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the • Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One(1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Community Development One(1)with the Contractor ' 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: 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. Generally this will be the"City of Jefferson". 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 Community Development, (i.e., the Engineering Division Director). r 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 Cityand 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 r Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. , 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s)under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. ' GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself 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 t 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 property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. ' • If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the ' contract may be suspended, all payments or money due the 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 canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. ' All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. ' GP-6.2 BODILY INJURY LIABILITY&PROPERTY DAMAGE LIABILITY INSURANCE • (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,including death,of not less ' than $2,000,000 per person and $300,000 per occurrence. (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one , occurrence nor less than$2,000,000 aggregate to limit for the policy year. t 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$300,000 per person and $2,000,000 per ' occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 ' aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with$2,000,000 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-6.2, 6.3,6.5 for property damage liability shall contain no exclusion relative • ' to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this , requirement on subject project.) (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 Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than$300,000 per person and $2,000,000 per occurrence, and ' property damage limits of not less than $300,000 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$300,000 per person. The"All State"endorsement shall be included. 1 ' 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 rThis insurance shall insure and protect the Contractor and the Cityfrom all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance,when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall ' be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular 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 machineryand 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 or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any ' subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority , whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. 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-42.1 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 necessaryto 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 sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. 1 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 maybe 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 orderfrom the Engineer,and the Contractorwill 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 I 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 Community Development will set construction stakes establishing lines,scopes,and 1 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 Community Development not less than 48 hours before , stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become ' damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes,bench marks, , or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. • GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS • The Contractor shall be responsible for the condition of all materials furnished by him, and he shall ' replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. ' The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER. ' All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. ' GP-18 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 satisfactorily manner, shall be promptly discharged. ' It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 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 Community Development. All ' detour signing shall conform to the latest edition of 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 b 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 bythe 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 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 or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and ' utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement , or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened ' loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP ' The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one(1)year after the date of completion of the contract. ' ' GP-24 NO WAIVER OF RIGHTS • Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of,the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall 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 maybe 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 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 t 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-26. ' (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,then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published bythe Missouri State Highwayand Transportation Commission. 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-28 OWNER'S RIGHT TO DO WORK t 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 five(5)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 t 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. 1 ' GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT • If the work should be stopped under an order of any court, or other public authority,for a period of three ' months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials ' and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done,of from the action of the elements, or from floods or overflows;-or from-ground water,or from any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne by the Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK ' No work shall be done between the hours of 6:00 p.m.and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. ' Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS ' During unfavorable weather,wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory ' manner. GP-34 MATERIALS AND EQUIPMENT ' Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 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 indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. ' GP-36 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. P . ,1 GP-37 CONTRACT TIME ' The time for the completion of the work is specified and it is an essential part of the contract. The • Contractor will not be entitled to any extension of contract time because of unsuitable weather condition ' unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the , contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six(6) hours, the day will not be counted as a working day. ' No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. ' GP-38 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. ' GP-39 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 suretyfail to complete the work within the time specked 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-40 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. 1 (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. ' (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance,the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE ' Monies due to the Contractor will not be delivered to the Contractor without presentation to the . Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on ' prescribed form attached to the back of these contract documents. GP-41 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-42 CERTIFICATIONS ' GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered ' in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed ' necessary to further assure that only specified materials are incorporated into the work. GP-43 LOCAL PREFERENCE ' In making purchases or in letting contracts for the performance of anyjob 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-44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000,the City shall select products manufactured,assembled or produced in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American ' products in the performance of the contract. • GP-45 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,however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS'CONTRACTS LAW ' Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Department of Community Development, an affidavit stating that ' the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290,RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. , GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month ' immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- ' restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. ' Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who ' has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT ' In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section ' 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose ' subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from ' non-restrictive states,absent statutory exceptions,whenever there is a period of excessive unemployment in Missouri,agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. ' • END OF GENERAL PROVISIONS ' ' SPECIAL PROVISIONS ' • FORWARD: The provisions of this section.take precedence over any other provisions in these specifications. ' SP-1 PARTIAL ACCEPTANCE OF BID The City reserves the right to accept any part or the.entire bid for the project. 1 SP-2 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be held to discuss the project, its ' scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner, the Engineer, the Contractor and his Subcontractors, and the Utilities, as well as representatives of any ' other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-3 PREVAILING WAGE LAW ' Bidders are hereby advised that compliance with the Prevailing Wage Law, Section 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20) ' Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by ' each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. ' SP-4 PROOF OF INSURANCE All certificates of insurance provided for this project shall be insured directly from the company affording coverage. Certification from a local agent in not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. ' SP-5 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 2004 version of the ' Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Sanitary sewer Specifications, Special Provisions, Detail Plans, and any special or ' specific Specifications as included in the contract documents. • All construction details included with the plans contained in the City of Jefferson Standard Drawings Revised Edition 9/2007 and attached hereto shall be used in 1 1 constructing this project. ' • The City's Technical Specifications for use on this project shall be the "CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER, 2000". These specifications can be found on the City's website at www.ieffcitymo.org and are available upon request from the Department of Community Development. SP-6 PROTECTION OF ADJACENT PROPERTIES O CE ROPER S ' Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. ' SP-7 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall ' notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. ' The contractor shall provide for vehicular access to all adjacent properties at the end of each working day. ' Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles to pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. ' SP-8 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. The necessary adjustment of utility services such as water, gas, telephone, electric and sanitary sewer, including meters, valves, manholes and other appurtenances shall be subsidiary to the work. SP-9 ROCK REMOVAL ' No explosives shall be used on this project. Rock shall be removed by mechanical chipping,jack-hammering or other methods approved by the Engineer. SP-10 STREET CLOSURE, PROJECT PHASING, AND TRAFFIC CONTROL ' The contractor shall maintain traffic on all streets during the construction of the sidewalks and inlet AA. Ashley Street may be closed to traffic as needed for the construction of the ' proposed stormwater system. Broadway Street may be closed for no more than two calendar days for the work associated with the installation of the proposed stormwater system. A signage plan for both the sidewalk and stormwater construction can be found ' in the project plans. In closing a street the contractor shall meet the notification of closure specified in GP - 19 as well as notifying adjacent landowners and provide road closed signage. ' On all streets open to traffic the contractor shall provide the necessary traffic control • personnel, such as flagmen, and any signing, warning devices and signs necessary to maintain traffic flow. All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential ' dangers. All Type III barricades shall have a minimum of two MoDOT Type C LED lights. SP-11 CONSTRUCTION STAKING The construction staking for this project will be performed by the City of Jefferson. Any restaking required due to the destruction of the original stakes can be provided to the contractor at the City Standard hourly rate. The contractor shall provide two working days notice of any staking he wishes to have performed. ' SP-12 DETECTABLE WARNING PANELS The proposed panels shall be MASCO CASTinTACT warning panels as manufactured by Masons Supply Company, (503-234-4321), or approved equal. The Contractor shall follow the manufactures recommendations for the installation of the panels. The panels shall match the slope of the ramp and shall be placed such that no vertical displacement occurs between the panel and the surrounding concrete. ' The panels are to be Salem Red in color, and may be any may be made up of 2'x2', or 2'x2.5' panels. . SP-13 TOPSOIL IN AREAS TO BE SEEDED The top six(6) inches of all areas of the project to be vegetated shall be free of rocks, stones and clods prior to seeding. This may require the contractor to utilize a mechanical rock rake, hand picking of stones, and/or placement of six(6) inches of clean topsoil in those areas to be vegetated. No direct payment will be made for this requirement. All areas to be vegetated shall be inspected prior to seeding, and any deficiency shall be corrected prior to the seed application. SP-14 SEQUENCING AND EROSION CONTROL The contractor shall sequence the project in a manner acceptable to the engineer that will limit the potential of sediment being transported from the site. 1 SP-15 SEEDING The grass seed for the project shall be a mix of 80% Millennium Fescue, 10% Pizzazz Rye, and 10% Brooklawn Bluegrass, or approved alternative mix, applied at a rate of 350 lbs/acre. Fertilizer shall be applied as specified in TS-9.3 or at a rate determined by a soil ' analysis. The area shall be covered with wheat straw at a minimum rate of 2000 Ibs/acre. The straw is to be secured to the ground by means of mechanical crimping or by the application of FINN Hydro Stick, or approved equal at a rate of 30 Ibs/acre. ' The seeding shall be undertaken immediately following the completion of the improvements • on each half of each block. 1 SP-16 TEMPORARY MULCH In the event that weather in not suitable for the planting of grass seed, or at the discretion of the engineer, the disturbed area is to be finish graded and covered with wheat straw at a rate of 2000 Ibs/acre and secured by mechanical crimping or by the application of FINN Hydro Stick, or approved equal at a rate of 30 Ibs/acre. SP-17 3" ROLLED STONE BASE UNDER CURB AND GUTTER ' Rolled stone base shall be included under all proposed curb and gutter and shall extend a minimum of 3" beyond the back of the curb. ' SP-18 REMOVAL AND PLACEMENT OF CURB AND GUTTER The contractor shall remove the existing curb and gutter and enough additional pavement to enable the placement of a face form for the front edge of the gutter. Pouring the curb directly to the existing pavement will not be accepted. Upon the completion of the curb and gutter all portions of the street disturbed in the removal of the curb and gutter shall be cut to form a straight edge and vertical face to a minimum of 1 %2"below the existing pavement surface. The area between the curb and gutter and pavement shall be filled to within 1 '/2" of the surface with a minimum of 8 inches of concrete. ' The remaining 1 '/2"will be made up with an asphalt cap to be placed by the City of Jefferson Street Department. The contractor shall coordinate with the Street Department for the completion of this work. It is the responsibility of the contractor to ensure that the edges of ' • the existing asphalt are cut straight and vertical and that the area to be patched is clean. SP-19 GRADE OF PROPOSED CURB AND GUTTER ' In general the curb and gutter shall be placed so that the grade is relatively constant,that is to say small local depressions or humps are not to be reflected in the curb and gutter section. The engineer will provide direction during construction as to which street irregularities should be ignored and which should be taken into account. SP-20 GRADE AND ELEVATION OF PROPOSED SIDEWALK The grade and elevation of the sidewalks are to be set in coordination with and approved by the engineer prior to the placement of any concrete. ' SP-21 EXPOSING EXISTING UTILITIES ' Prior to the construction of any portion of the proposed stormwater system the contractor shall pothole every location in which the proposed stormwater system crosses an existing water line. The engineer with then verify the depths of the waterlines and check them ' against the depth assumed in the design. SP-22 USE OF PRECAST STRUCTURES ' Precast stormwater inlets will not be allowed for this project. SP-23 PLACEMENT OF STORMWATER PIPES ' • The clearance around the proposed stormwater pipes is limited in a number of locations due to intersecting utilities and minimal cover. The contractor shall plan the layout of his pipe to ensure that the pipe bells do not land at these critical areas. ' All trenches are to be filled with granular material. SP-24 STREET PATCHING All street patching shall follow the City Standards for Patching and Backfilling Paved Streets as shown in the standard details except that the contractor will not be responsible ' for the asphalt surface. The asphalt surface will be placed by the City of Jefferson Street Department. The Contractor shall coordinate with the Street Department to establish a schedule for this work. Upon the scheduling of the work the contractor shall ensure the ' edges of all cuts are straight and vertical and the area to be patched are clean and ready to receive asphalt. ' SP-25 MEASUREMENT AND PAYMENT Item No. 1 - Construction Signage and Traffic Control This item shall include all labor, material, equipment, and services necessary to provide the signage shown on the traffic control plan, and all barrels, cones, flaggers, and other apparatus needed to meet the requirements of the MUTCD. The work provided herein will not be measured for payment; but will be ' • considered a lump sum unit and will be paid at the lump sum bid.price. Item No. 2 - Removals This item shall include all labor, material, equipment, and services necessary to remove the improvements on the site. The requirements for these removals are contained in the Technical Street Specifications TS-1.2 to TS-1.2.4. Excepted ' from this item are the removals associated with the removal necessary for the proposed curb and gutter and the sidewalk as it will be paid under those bid .items. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. ' Item No. 3 - Rock Excavation This item shall include all labor, material, equipment, and services necessary for . ' the mechanical removal of rock. Rock is defined as being sandstone, limestone, chert, granite, sillstone, quartzite, slate, shale, occurring in its natural undisturbed state, hard and unweathered or similar material in masses more than 1 Y2 yard in ' volume, in ledges six(6) inches or more in thickness. The work provided herein will be measured by the cubic yard, and will be paid in a like fashion at the unit price. Item No. 4—Linear Grading This item shall include all labor, material, equipment, and services necessary to grade the site for the construction of the proposed improvements, and final ' grading to match the proposed curb and sidewalk. This work consists of but is not limited to, hauling, placement, compaction, sub grade preparation, and finish • grading. It shall also include the necessary placement and grading of topsoil ' materials in areas that are to be vegetated. The work provided herein will be • measured by the linear foot along the curb or sidewalk or a combination of curb ' and sidewalk if both are constructed, and will be paid in a like fashion at the unit price. ' Item No. 5 -Sub Grade Stabilization This item shall include all labor, material, equipment, and services necessary to identify and stabilize unsuitable soil encountered within the project limits. In a case where unsuitable material in found, the contractor, under the direction of the ' engineer shall furnish and place stone (the size of which will be determined by the engineer based on the conditions) as required to provide a stable sub-grade. Where possible, a portion of the stone shall be mixed with existing soil to create a stable sub grade. This item shall also include the removal of the unsuitable material and its disposal off-site. The work provided herein will be measured by the ton of stone provided based on tickets submitted to the City at the time the ' work is undertaken, with payment being made by the ton at the bid price. Item No. 6—4' x 3' Type A Inlet ' This item shall include all labor, material, equipment, and services necessary for the construction of a 4' x 3' Type "A" Inlet in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the unit price. Item No. 7—6' x 3' Type A Inlet This item shall include all labor, material, equipment, and services necessary for • the construction of a 6' x 3' Type "A" Inlet in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the unit price. ' Item No. 8—6' x 5' Type A Inlet This item shall include all labor, material, equipment, and services necessary for ' the construction of a 6' x 5' Type "A" Inlet in accordance with the City of Jefferson Standard Drawings. The work shall also include the protection of the existing VCP and all extensions to those pipes as necessary to reach the proposed inlet. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the unit price. Item No. 9—4'x 4' Junction Box This item shall include all labor, material, equipment, and services necessary for the construction of a.4' x 4'junction box in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each junction box constructed, and will be paid in a tike fashion at the unit price. Item No. 10—6' x 4' Junction Box ' This item shall include all labor, material, equipment, and services necessary for the construction of a 6'x 4'junction box in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each junction box constructed, and will be paid in a like fashion at the unit price. Item No. 11 - 15" Dia. RCP Class III • This item shall include all labor, material, equipment, and services necessary for ' plans. The work provided herein will be measured by the square yard of constructed sidewalk, with payment by the square yard at the bid price. ' Item No. 17 -6" Thick PCC Sidewalk Ramps This item shall include all labor, material, equipment, and services necessary for ' the construction of 6" thick portland cement concrete sidewalk ramps as shown in the City of Jefferson Standard Details. The work shall include the sawing and placement of all joints and placement of expansion as specified or shown on the plans. The work provided herein will be measured by the square yard, with ' payment by the square yard at the bid price. Item No. 18 - Detectable Warning Panels ' This item shall include all labor, material, equipment, and services necessary for the installation of the detectable warning panels as shown on the plans, and as specified in these provisions. The work provided herein will be measured by the ' square foot, and will be paid in a like fashion at the unit price. Item No. 19 -6" Thick PCC Residential Drive Approach This item shall include all labor, material, equipment, and services necessary for ' the construction of residential drive approaches as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid in a like ' fashion at the unit price. Item No. 20 -6" Thick PCC Residential Drive/Commercial Drive • This item shall include all labor, material, equipment, and services necessary for the construction of 6"thick PCC driveways, as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications. The work provided ' herein will be measured by the square yard, and will be paid in a like fashion at the unit price. ' Item No. 21 - 8" Thick PCC Commercial /Alley Approach This item shall include all labor, material, equipment, and services necessary for the construction of 8"thick PCC commercial and alley approaches as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 22—Temporary Mulch This item shall include all labor, material, equipment, and services necessary for the mulching of disturbed areas as directed by the engineer. It shall also include ' all work and equipment required to subsequently prepare the soil for seed application. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. ' Item No. 23—Seeding and Mulching This item shall include all labor, material, equipment, and services necessary for the seeding.of the areas to be vegetated as described in these specifications. The work provided herein will be measured by the acre, and will be paid in a like fashion at the unit price. r� i r rAppendix 1 .SUMMARY OF CIVIL RIGHTS LAWS, EXECUTIVE-ORDERS AND REGULATIONS CDBG grantees must assure that all project-activities will be administered in compliance with r1' all civil rights laws and regulations. Tlic following are summaries of those parts of the civil rights laws and regulations applicable to CDBG activities. Titl e VI of the Civil Rights Act of 1 964 provides that no person in the United States shall, on the g -P P ground of race, color,or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. r' Title VIII of the Civil Rights Act of 1968, as amended, provides that no person shall, on the basis of race, color, religion,national origin,handicap or familial status, be discriminated against in .housing (and related facilities)provided with Federal assistance-or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the ,. Federal Government Section 109. Housing,and Community Develonment(HCDI Act of 1974, as amended, provides that r • no.person in the United States shall, on.the ground of race, color,national.origin, religion or sex be excluded from participation in,be denied the benefits of, or be subjected to discrimination under I any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of 1974. Section 3 of-the Housing and Urban Development Act of 1968,as amended, provides that,to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area ,., (or non-metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county) as the project,employ Section r 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower income persons. ' Section 503 of Rehabilitation Act of 1973, as amended, provides for nondiscrimination in contractor employment. All recipients of Federal funds must certify to the following in all contracts issued: Affirrnlative Action for Handicapped Workers r . • (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee '..' V-13 -1 :. r or applicant for employment is qualified. The contractor agrees to take affirmative r action to employ,advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all -, employment practices such as the following: Employment upgrading, demotion or transfer,recruitment,advertising, layoff or termination,rates of pay or other forms of compensation, and selection for training,including apprenticeship. (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the -Secretary ofLaborissued pursuant to the Act. . (c) In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. i (d) The contractor agrees-to post in conspicuous places, available to employees and I r applicants for employment,notices in a form to be prescribed by the Director,provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in ' employment qualified.handicapped employees and applicants for employment, and the ' rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding,that the ' contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. ' i (f) The contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations,or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal , Contract Compliance Programs may direct to enforce such provisions,including action for noncompliance. , Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity.receiving Federal financial assistance. All recipients must certify to compliance with all provisions of.Section 504. Age Discrimination Act of 1975 No person in the United States shall, on the basis of age, be , excludcd from participation in,be denied the benefits of, or be subjected to discrimination under • any program or activity receiving Federal financial assistance. i r V-14 j r I Executive Order 11063, as amended, Directs all departments and agencies to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or ' operated by the Federal Government or provided with federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government Executive Order 11246, as amended,provides that no person shall be discriminated against on the. basis of race,color,religion,sex, or national origin in any.)hase.4f.employ�nent..during the performance of federal or federally-assisted construction contracts in excess of$10,000. The following civil rights requirements also apply to CDBG grantees performance: Grantees shall 1' comply with Executive Order 11246,as amended by Executive Order 120 86,and the regulations issued pursuant thereto (41 CFR Chapter 60)which provide that no.person shall be discriminated against on the basis of race, color,religion, sex, or national origin in all phases of employment during the performance of federal or federally-assisted construction contracts. As specified in Executive Order 11246 and the implementing regulations, contractors and subcontractors on federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination,.rates of pay, or other forms of compensation and selection for training and apprenticeship. Section 106(d) (5)(B) of Title I of the Housing Community Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. Section 519 of Public Law 101-144 (the 1990 HUD Appropriations Act),requires each unit of general local government which receives Title I funds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals ' engaged in nonviolent civil rights demonstrations. Section 906 of the Cranston-Gonzales National Affordable Housing Act amended subsection 104(l)of the HCD Act of 1974,states that no CDBG funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, or fails to adopt and enforce a policy of applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. ' Unlike a similar prohibition in the FY 1990 Appropriation Act, the amendment clearly applies to all units of general local government, including counties. • V-15 tAPR-04-2008 15:44 JEFF CITY COMM DEOELOP MEN 573 634 6562 P.01 ADDENDUM NO.1 ' PROJECT NO.32099 WASHINTON AND BROADWAY APRIL 4,2008 The bidder will acknowledge receipt of this Addendum and his acceptance of its conditions by ' signing this Addendum and including it with his bid. 1 BIDDER: ( L lJ�m LC_ I (�� ac� _ ' Tn7LE: ' • 1. The contract time for this project is hereby changed to 60 working days. 2. The seventh page of the Special Provisions,containing Special Provision 25 Item No. 12- 15 and parts of Item Nos. 1 I and 16, which was inadvertently omitted from the spec t book,is by its inclusion with this addendum made part of the contract. 3. The pre-bid minutes by there inclusion herein are made part of this contract. CITY OF JEFFERSON,MISSOURI ' PATRICK E. SULLIVAN,P.E. DIRCTOR OF COMMUNITY DEVELOPMENT 1 • 1 1 1 ' the installation of 15" Dia. RCP as shown on the Plans, and as specified in the • City of Jefferson Standard Specifications and Standard Details. This shall include ' but is not limited to, trenching, bedding, haunching, backfilling with granular material, and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. ' Item No. 12 - 18, Dia. RCP Class III This item shall include all labor, material., equipment, and services necessary for ' the installation of 18" Dia. RCP as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to,trenching, bedding, haunching, backfilling with granular material, and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. ' Item No. 13 -24" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for ' the installation of 24" Dia. RCP as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling with granular material, and surface repair. This item does not include any-rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 14— Flowable Fill for Pipe Abandonment ' This item shall include all labor, material, equipment, and services necessary for • the abandonment of all remaining stormwater pipes not used in the new system by the complete filling with flowable fill. This item shall include but is not limited to, creating necessary access points to enable the complete filling of the pipe with flowable fill which shall be sand, grout, or engineer approved equal, sealing, ' capping/plugging, and surface repair. The work provided herein will be measured by the cubic yard of fill injected, and will be paid in a like fashion at the unit price.- Item No. 15 -Type A Curb and Gutter, Removal and Replacement ' This item shall include all labor, material, equipment, and services necessary for the removal the existing curb and gutter and pavement as necessary, sub-grade preparation, placement and compaction of a 3" course of base rock, the ' construction of standard type"A" curb and gutter in accordance with the City of Jefferson Standard Details and specifications, and the preparation and placement . of concrete between the new curb and gutter and the existing pavement as specified in these provisions. The work provided herein will be measured by the linear foot at the flow line of the gutter. Payment will be made by the linear foot at_ the bid price. ' Item No. 16 -4"Thick PCC Sidewalk, Remove and Replace This item shall include all labor, material, equipment, and services necessary for the removal of the existing sidewalks and the construction of 4"thick portland ' cement concrete sidewalks of varying width as shown on the plans. The work shall include all sub-grade preparation and compaction, the sawing and • placement of all joints, and all required expansion as specified or shown on the 1 C • OF , ,t+ John Landwehr City of Jefferson W Mayor • Department of Community Development Patrick E.Sullivan, P.E.; Director ' 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 23 Fax: (573) 634-6562 1 April 4,2008 1 Attendees and Plan Holders Washington and Broadway Sidewalks, Project No.32098 1 Subject: Washington and Broadway Sidewalks, Project No.32098, Pre-Bid Minutes ' Dear Attendees and Plan Holders, A pre-bid conference was held in the Thomas Jefferson conference room of City Hall on Tuesday, April 1, 2008, for the above 1 noted project. Those attending the meeting are as listed below: NAME REPRESENTING 1 Luke Hake Stockman Construction Tom Kauffman Kauffman Enterprises LLC Bryant Gaines Sam Gaines Construction 1 • Kevin Harvey Muenks Brothers Construction Paul Fergason Fercon Construction Gary Oldelehr City of Jefferson 1 Matt Morasch City of Jefferson Len Bonnot City of Jefferson ' The meeting proceeded with a general discussion of the planned project and an overview of the specifications. This letter summarizes the proceedings of that meeting and the questions received at the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the items 1 that were specifically discussed. GENERAL COMMENTS: 1 BID OPENING: Tuesday,April 8, 2008 at 1:30 p.m. CONTRACT TIME: 50 working days(see addendum for change in contract time) 1 LIQUIDATED DAMAGES: $500.00 a day. ' No questions will be allowed after 12:00 PM,Thursday,April 3,at 12:00 noon. 1 City.of Elio In of a rso n t g y ' COMMUNITY DEVELOPMENT "building a better community" _._.__.............___........._.__._. _ .._.._.._.__ _ __..._....___......_ _._...._..._._..._._....__.._..-_...._. _. F:ICITY-PROJECTS\32098-Washington and Broadway Sidewaiks,Contract Documents\Pre Bid notes.doc z ' PLAN REVIEW: Attention was drawn to several items in the plans. ' • Page 2 of the plans contains the traffic control plan.The contractor shall follow this plans as he pursues his work. • The majority of the area to receive sidewalk was not surveyed the line and grade shall approximately match the ' existing. The engineer will have the final decision as to the line and grade. SPECIFICATIONS AND CONTRACT DOCUMENT REVIEW: ' This project has CDBG funding • Special Provisions o SP-10—Broadway Street may only be closed to traffic for a period of two days,Ashley Street may be closed as needed. 1 o SP-15—Each half block is to be finished graded and receive seed immediately upon its completion. o SP-18 and SP-19—Note the requirements for the removals and replacement of the curb and gutter. QUESTION/ANSWER: (Received at the pre bid meeting and those received by telephone, etc. prior to 12:00 PM Thursday,April 3,2008) ' QUESTION: What is the DBE percentage for this job? ANSWER: The contract sets the goal at 2%. ' QUESTION: What size is inlet AA? ANSWER: Inlet AA is to be a 6'x 5'type"A"inlet located over the existing pipes. ' QUESTION: Is there a bid item for the concrete to be used for the street patch over the stormwater pipes? ANSWER: The cost for the concrete is to be included in the cost of the pipe. QUESTION: What is the difference between heavy construction and building rates? ' ANSWER: All work that is associated with the construction of a street is considered heavy construction, including stormwater inlets and curb and gutter. Generally the sidewalk would also be considered heavy construction if it were constructed as part of the construction of the street. In this case the sidewalk is being constructed separately and is a project unto itself. Because of this the construction of the sidewalk for this job could be paid at building rates while the remainder of the project would be considered heavy highway. QUESTION: When would construction start for this project? ANSWER: It is anticipated that the contract will be approved by the City Council at their meeting on May 5, 2008. The notice to proceed could be given as early as May 8,2008. S' cerel Y, David Bange, P.E. ' Engineering Division Director ' City of fill III wu a of erson COMMUNITY DEVELOPMENT 111 "building a better community" FACITY-PROJECTS\32098-Washington and Broadway Sidewalks\Contract DocumentsTre Bid notes.doc BILL NO. 2008-3 SPONSORED BY COUNCILMAN Klindt Co-Sponsored by: )KKoon & Penfold ORDINANCE NO. "t AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH FERCON CONSTRUCTION COMPANY FOR THE WASHINGTON AND BROADWAY SIDEWALK PROJECT. WHEREAS, Fercon Construction Company has become the apparent lowest and best bidder on the Washington and Broadway Sidewalk project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Fercon Construction Company is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Fercon Construction Company for the Washington and Broadway Sidewalk project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. i� Passed: o ( O A roved 2�� pp residing-Officer Mayor ATTEST: APPR32NED AS ORM: ity Cle ' : ;;' ' City ounselor • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2386-Project No. 32098 - Washington and Broadway Sidewalks Community Development, Engineering, Opened April 8, 2008 BIDS RECEIVED: Fercon Construction Co., Jefferson City, MO $ 129,923.00 Kauffman Enterprises, LLC, Jefferson City, MO $ 148,480.00 Concrete Engineering, LLC, Jefferson City, MO $ 156,808.00 Stockman Construction Corp., Jefferson City, MO $ 172,170.95 Sam Gaines construction, Inc.,New Bloomfield, MO $ 184,784.00 J.C. Industries, Jefferson City, MO $ 187,787.00 Don Schnieders-Excavating, Jefferson City, MO $ 201,093.30 FISCAL NOTE: 1000-1900-1980-0060 3502-9900-7350-3007 Entitlement- Public Improvement Misc.Neighborhood Improvements 2007-08 Budget $115,000.00 2007-08 Budget $ 90,632.00 Encumbered -0- Encumbered 7,500.00 Expended -0- Expended 24,994.74 Bid 2386 $115,000.00 Bid 2386 $ 14,923.00 Balance -0- Balance $43,214.26 PAST PERFORMANCE: This firm has been awarded contracts in the past and has performed as specified and bid. RECOMMENDATION: Staff recommends award of a contract to Fercon Construction Company of Jefferson City, Missouri in the amount of$129,923. ATTACHMENTS - SUPPORTING DOCUMENTATION Signatur • Purchas' g nt Director, unity evelopment � i • Page 1 CITY OF JEFFERSON Date:April 8,2001 BID TABULATION Bid No.2386 WASHINGTON AND BROADWAY SIDEWALKS PROJECT NO.32098 ENGINEER'S ESTIMATE Fercon Kauffman Enterprises Concrete Engineering LLC APPROX. UNIT UNIT UNIT UNIT ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 1 Construction Signage and Traffic Control LS 1 $1,000.00 $1,000.00 $1,600.00 $1,600.00 $4,800.00 $4,800.00 $4,000.00 $4,000.00 2 Removals LS 1 $4,000.00 $4,000.00 $9,000.00 $9,000.00 $15,642.00 $15,642.00 $10,000.00 $10,000.00 3 Rock Excavation CY 5 $125.00 $625.00 $0.00 $0.00 $75.00 $375.00 $200.00 $1,000.00 4 Linear Grading LF 2043 $4.00 $8,172.00 $7.00 $14,301.00 $8.00 $16,344.00 $3.00 $6,129.00 5 Subgrade Stabliization TON 10 $28.00 $280.00 $0.00 $0.00 $25.00 $250.00 $20.00 $200.00 6 4'x 3'Type A Inlet EA 4 $2,800.00 $11,200.00 $2,000.00 $8,000.00 $2,350.00 $9,400.00 $1,600.00 $6,400.00 7 6'x 3'Type A Inlet EA 2 $3,000.00 $6,000.00 $2,500.00 $5,000.00 $2,613.00 $5,226.00 $2,200.00 $4,400.00 8 6'x 5'Type A Inlet EA 1 $2,300.00 $2,300.00 $2,900.00 $2,900.00 $3,300.00 $3,300.00 $3,200.00 $3,200.00 9 4'x 4'Junction Box EA 1 $2,700.00 $2,700.00 $2,000.00 $2,000.00 $2,520.00 $2,520.00 $2,600.00 $2,600.00 10 6'x 4'Junction Box EA 1 $2,800.00 $2,800.00 $2,000.00 $2,000.00 $3,065.00 $3,065.00 $3,000.00 $3,000.00 11 15"Dia.RCP Class III LF 137 $45.00 $6,165.00 $38.00 $5,206.00 $38.00 $5,206.00 $60.00 $8,220.00 12 18"Dia.RCP Class III LF 71 $50.00 $3,550.00 $40.00 $2,840.00 $41.00 $2,911.00 $85.00 $6,035.00 13 24"Dia.RCP Class III LF 60 $65.00 $3,900.00 $60.00 $3,600.00 $46.00 $2,760.00 $98.00 $5,880.00 14 Flowable Fill for Pipe Abandonment CY 8 $350.00 $2,800.00 $120.00 $960.00 $150.00 $1,200.00 $170.00 $1,360.00 15 Type A Curb and Gutter,Remove and Replace LF 693 $28.00 $19,404.00 $25.00 $17,325.00 $22.00 $15,246.00 $33.00 $22,869.00 16 4"Thick PCC Sidewalk,Remove and Replace SY 1104 $45.00 $49,680.00 $30.00 $33,120.00 $33.00 $36,432.00 $41.00 $45,264.00 17 6"Thick PCC Sidewalk Ramps SY 103 $50.00 $5,150.00 $48.00 $4,944.00 $48.00 $4,944.00 $60.00 $6,180.00 18 Detectable Warning Panels SF 168 $65.00 $10,920.00 $39.00 $6,552.00 $39.50 $6,636.00 $38.00 $6,384.00 19 6"Thick PCC Residential Drive Approach SY 15 $46.00 $690.00 $40.00 $600.00 $42.00 $630.00 $60.00. $900.00 20 6"Thick PCC Residential/Comercial Drive SY 80 $40.00 $3,200.00 $45.00 $3,600.00 $42.00 $3,360.00 $35.00 $2,800.00 21 8"Thick Comerciai Drive/Alley Approach SY 95 $50.00 $4,750.00 $45.00 $4,275.00 $46.00 $4,370.00 $53.00 $5,035.00 22 Temporay Mulch SY 1452 $2.00 $2,904.00 $0.00 $0.00 $0.25 $363.00 $1.00 $1,452.00 23 Seeding and Mulching AC 0.7 $6,000.00 $4,200.00 $3,000.00 $2,100.00 $5,000.00 $3,500.00 $5,000.00 $3,500.00 TOTAL BASE BID $156,390.00 $129,923.00 $148,480.00 $156,808.00 %OVER/UNDER ENGINEER'S EST. -16.9% -5.1% 0.3% ! • • Page 2 CITY OF JEFFERSON Date:April 8,2001 BID TABULATION Bid No.2386 WASHINGTON AND BROADWAY SIDEWALKS PROJECT NO.32098 Stockman Construction Sam Gaines Construction J.C.Industries Don Schnieders Excavating APPROX. ITEM NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Construction Signage and Traffic Control LS 1 $4,000.00 $4,000.00 $2,000.00 $2,000.00 $13,000.00 $13,000.00 $9,400.00 $9,400.00 2 Removals LS 1 $13,000.00 $13,000.00 $25,000.00 $25,000.00 $10,000.00 $10,000.00 $24,000.00 $24,000.00 3 Rock Excavation CY 5 $200.00 $1,000.00 $125.00 $625.00 $175.00 $875.00 $400.00 $2,000.00 4 Linear Grading LF 2043 $3.00 $6,129.00 $5.00 $10,215.00 $13.00 $26,559.00 $12.25 $25,026.75 5 Subgrade Stabliization TON 10 $65.23 $652.30 $25.00 $250.00 $37.00 $370.00 $40.00 $400.00 6 4'x X Type A Inlet EA 4 $2,000.00 $8,000.00 $3,200.00 $12,800.00 $2,800.00 $11,200.00 $1,800.00 $7,200.00 7 6'x 3'Type A Inlet EA 2 $2,400.00 $4,800.00 $3,500.00 $7,000.00 $3,400.00 $6,800.00 $1,760.00 $3,520.00 8 6'x 5'Type A Inlet EA 1 $3,400.00 $3,400.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 9 4'x 4'Junction Box EA 1 $2,300.00 $2,300.00 $3,500.00 $3,500.00 $2,500.00 $2,500.00 $2,170.00 $2,170.00 10 6'x 4'Junction Box EA 1 $2,350.00 $2,350.00 $3,700.00 $3,700.00 $3,500.00 $3,500.00 $2,395.00 $2,395.00 11 15"Dia.RCP Class III LF 137 $52.45 $7,185.65 $45.00 $6,165.00 $55.00 $7,535.00 $97.00 $13,289.00 12 18"Dia.RCP Class III LF 71 $58.63 $4,162.73 $50.00 $3,550.00 $74.00 $5,254.00 $100.00 $7,100.00 13 24"Dia.RCP Class III LF 60 $78.75 $4,725.00 $55.00 $3,300.00 $79.00 $4,740.00 $104.00 $6,240.00 14 Flowable Fill for Pipe Abandonment CY 8 $250.00 $2,000.00 $200.00 $1,600.00 $107.00 $856.00 $225.00 $1,800.00 15 Type A Curb and Gutter,Remove and Replace LF 693 $41.00 $28,413.00 $30.00 $20,790.00 $24.00 $16,632.00 $27.00 $18,711.00 16 4"Thick PCC Sidewalk,Remove and Replace SY 1104 $38.00 $41,952.00 $45.00 $49,680.00 $47.00 $51,888.00 $39.50 $43,608.00 17 6"Thick PCC Sidewalk Ramps SY 103 $43.65 $4,495.95 $60.00 $6,180.00 $54.00 $5,562.00 $81.85 $8,430.55 18 Detectable Warning Panels SF 168 $58.33 $9,799.44 $50.00 $8,400.00 $6.00 $1,008.00 $50.00 $8,400.00 19 6"Thick PCC Residential Drive Approach SY 15 $70.00 $1,050.00 $60.00 $900.00 $58.00 $870.00 $50.00 $750.00 20 6"Thick PCC Residential/Comercial Drive SY 80 $73.00 $5,840.00 $50.00 $4,000.00 $54.00 $4,320.00 $55.00 $4,400.00 21 8"Thick Comercial Drive/Alley Approach SY 95 $75.00 $7,125.00 $55.00 $5,225.00 $60.00 $5,700.00 $65.00 $6,175.00 22 Temporay Mulch SY 1452 $1.44 $2,090.88 $2.00 $2,904.00 $1.50 $2,178.00 $1.50 $2,178.00 23 Seeding and Mulching AC 0.7 $11,000.00 $7,700.00 $5,000.00 $3,500.00 $4,200.00 $2,940.00 $2,000.00 $1,400.00 TOTAL BASE BID $172,170.95 $184,784.00 $187,787.00 $201,093.30 %OVER/UNDER ENGINEER'S EST. 10.1% 18.2% 20.1% 28.6%