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HomeMy Public PortalAboutORD14205 i r BILL NO.- 2007-19 • SPONSORED BY COUNCILMAN Klindt ORDINANCE NO. I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT COMPANY FOR 2007 THE MILLING AND OVERLAY PROJECT. WHEREAS, Jefferson Asphalt Company has become the apparent lowest and best bidder on the 2007 Milling and Overlay project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Jefferson Asphalt 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 Jefferson Asphalt Company for the 2007 Milling and Overlay 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. Passed: G1 2�0 Ap roved: S � P esiding Officer Mayor ATTEST: APPROVED AS TO FORM: f / / i t y Clerk /�'/ City Counselor • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 2338 - Project 32090 - 2007 Milling and Overlay Project 12 - Demolition Opened on April 24, 2007 - Community Development BIDS RECEIVED: i Jefferson Asphalt Company, Jefferson City, MO $700,194.50* (Adjusted by removing two streets) $600,426.35 In addition,notification was sent to nine additional bidders, posted on the City web site and published in the News Tribune. FISCAL NOTE: 3202-9900-7350-4031 Street Resurfacing 2006-2007 Budget $ 615,322.04 Bid 2338 $ 600,426.35 Balance $ 14,895.69 PAST PERFORMANCE: The City has awarded the this project to Jefferson Asphalt in the past. This vendor has completed work as specified and bid. RECOMMENDATION: Staff recommends award to Jefferson Asphalt Co., of Jefferson City, Missouri in the amount of$600,426.35. ATTACHMENTS - SUPPORTING DOCUMENTATION Signatur P chasi g n Dir mmuniry, Development II.II • 14 2n CONTRACT DOCUMENTS •.�.,�.MrAWiFSr�N.b•�:�, CITY OF • e ! 'y so � P i��h�,� @ t• S SSSSaT$ y y�.14 "•t yy � t 4 r h�S-Y � � wn•s'P°LT t� �' a-° �' � ISs s~ v ' a �e v >� ti >0{3q - ♦ '44, r � e {, v rt t ft al .� �'6,�Y�a� �[.:�r � + {�a. r `•,;. a R i.},t�' ��^ v .4 1rY',T�' .l ^. ;, •(;.3 r i wt �- 4• , fiy� �f'k.c a ':r � �}y�f.'p"t � +,�� ^ a r �'°�cr 4.. �� xx r +1�'i ��' � •¢ ��� Pµti � �,� .ygJ�"'� e{°1"y{a r,�.i •e 'r'. � x3R if 1 �,�t 4r � d d '� T Y J 1 r SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 32090 1 � 2007 Milli _ ng 8� Overlay. Program r t.J. 1 • :rl 111 17J 11 ' ,y Jefferson City Department of Community Development April 2007 U 'i 'I i �I • TABLE OF CONTENTS - Advertisement for Bids • Notice to Bidders i.J • Information for Bidders ` Bid Form Bid Bond J ' Anti-Collusion Statement Contractor's Affidavit " • Minority Business Enterprise Statement ' Minority Business Utilization Agreement Affidavit-of of Compliance with Wage Law Prevailing Wage Determination Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification Construction Contract ,i Performance, Payment, and Guarantee Bond • General Provisions Special Provisions ' Attachments �.s • Addendums ( If Any ) (' INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 tl i 'l I. ADVERTISEMENT FOR-BIDS ' office of the Purchasing Agent, 320 East McCarty :Sealed bids will be received at the o g g y Street, Jeff erson City, Missouri 65101, until 1:30 PM, on Tuesday, April,24, 2007. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. 1 The proposed work forthe project entitled"Project No. 32090,2007 Milling&Overlay -J Program will include the furnishing of all material, labor, equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson. I 10:00 AM on Tuesday, Aril 17 2007 in the A pre-bid conference will be held at y, p , Thomas Jefferson Conference Room of City Hall, 320 E, McCarty Street, Jefferson 1 City, MO 65101. All prospective bidders are urged to attend. 1 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 Fifteen Dollars ($15.00) will be-required for 1t 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. I) The City reserves the right to reject any and all bids and to waive informalities therein, -' to determine which is the lowest and best bid and to approve the bond. 1 1_l , CITY OF JEFFERSON Il Terry Stephenson JJ Purchasing Agent 1� Publication Date Sunday, April 8, 2007. I�J • 'I 1i 1 NOTICE TO BIDDERS Sealed bids will be r ceived at the Office of the Purchasing Agent, Ci ty Hall, 320 East McCarty Street, Jefferson City, Missouri; until 1:30 PM on Tuesday, April 24, 2007. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. rThe proposed work for the project entitled"Project No.32090,2007 Milling&Overlay Program".will include the furnishing of all material, labor, equipment, and incidental ' work for the annual asphalt surfacing project for the City of Jefferson. `1 A pre-bid conference will be held at 10:00 AM, on Tuesday, April 17, 2007 in the Thomas Jefferson Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. 'l 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 Fifteen Dollars ($15.00) 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. 'I 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. I 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 TJ 11 Patrick E. Sullivan, PE Director of Community Development 'i J - 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.32090;2007 Milling&Overlay Program"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, �f equipment, and incidental work for the annual asphalt surfacing project for the City of Jefferson. 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 'i submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish ` all materials and labor necessary to carryout 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, 1 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 'I 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 i� information and data for this purpose.as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract !� and to complete the work contemplated therein. L 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,subjectto the approval of the City. 'j 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. IB-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 submitt ed.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. IB-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for 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. 1� 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. IL 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. IJ • 1 1► IJ -J i IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, t� 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. I I6-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and r marked"Project No. 32090, 2007 Milling &Overlay Program". 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. IF -' I13-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, -1 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. 'i • 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 If,within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come.to the office of the Director of 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 Ij deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND LZJ 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 i licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 1� • I` 11 i 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 '1 expense caused by any act or omission of the Contractor and/or his subcontractors, their ll 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 Bon the Bid Security will p pp d, ty be returned to ' the bidder unless the same shall have been presented for collection prior to such time, in which l case the amount of the deposit will be refunded by the City. J IB-19 NONDISCRIMINATION IN EMPLOYMENT 'J Contracts for work under this bid will obligate the Contractor and subcontractors not to l discriminate in employment practices. I! IB-20 PREVAILING WAGE LAW The principal bontractor 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 'I 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. • i .-J ' If within ten days after the City gives the Contractor notice of defect failure, or abnormality of -- • Y Y 9 tY 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. 1_J 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 feast 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 .J The contract time shall be ninety (90) calendar days. IB-25 LIQUIDATED DAMAGES ,I 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. 1J 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 'I documentation. `J 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: i J U Purchasing Agent City of Jefferson, MO 1 320 E. McCarty Street Jefferson City, MO 65101 ' For the convenience of bidding this project, a "BID PACKET" has been included with the �J project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: 1 1) BID FORM 2) BID-BOND 3) ANTI-COLLUSION STATEMENT 1� 4) .CONTRACTOR'S AFFIDAVIT 5)' MINORITY BUSINESS UTILIZATION AGREEMENT 1 1 U 1 END OF INFORMATION FOR BIDDERS J 1� • 1� 7 J 1� 1 J h 1 • 1� 1� .:J BID FORM Name of �r BidderQ-N-Arson Address of Bidder D -8cX tQq Su 8 rson L MO G! ))o ' 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 1 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, I" character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation,hauling,and rail delivery facilities;and(i)all 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 I� therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exactor total quantities required for the completion of the work. shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for I� needs.that are determined.during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: 1� • 'I ICity of Jefferson • ITEMIZED BID FORM 2007 Milling and Overlay Program Project No. 32090 l` Item No. Description Quantity . Unit Price Amount I� 1 Bituminous Pavement-BP-1 11,866 Tons q D 5SO ALA 7.40 II . 2 Cold Milling(Asphalt) •33,279 SY 1 . 3 i!AA+°ia(, , 15 3 " Cold Milling (Concrete) 12,250 SY (p a 5 40 , 00 4 Cold Milling(Creek Gravel Concrete) 0 SY 0 ' ii 5 Reflective Crack Control 2,200 SY 3D 3 4(Po OD 6 Purchase of Asphalt Millings — Tons S D n/a- 7 Core Sample =-- Ea '�IrJ o D n/a 'I 8 Disposal of Millings_Trucking = Hour (0o - 00 n/a Total Base Bid 1 DD l Ct4- 06 'I • City of Jefferson Itemized Bid Form 2007 Milling and Overlay Program Project No. 32090 Material/Product Supply a The-Contractor shall also provide a unit•price for the foliowing,materials and/or products that can bE picked up at the plant by City forces on an as needed basis. These unit prices shall be in effect for a period of one (1)year from the date of the bid award. a Material or Product Unit Cost Per Ton Bituminous Pavement-BP-1 y� CD Bituminous Pavement-BP-2 391 •tx) Black Base 39 . o0 Cold Mix (o�J •4� ` Poly-Perm Cold Mix n Ct Ultimate Paving Material oc. r7 1 • lie SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. APA� - �i55pu.r� TIME OF COMPLETION ,A The undersigned hereby agrees to complete the project within ninety (90) calendar days, subject to the stipulations. of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted,the prices quoted above include all applicable state taxes and-that said taxes shall be paid by the Contractor. ' The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is"or are named herein and that no other persons or firms than herein mentioned have any interest .in this bid or in the Contract to be entered into;and this bid is made without connection with any other person, company, -or parties making a bid; and .that it is in all respects fair and in good faith, without collusion or fraud. lieThe 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. ll The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: It is understood and agreed that this bid may be withdrawn at any time prior to the ' scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of ° Dollars (cashier's check), make payable to the City of Jefferson. �I 1 Signature of Bidder: If an individual, , doing business as (� If a partnership, ; member of firm. by (� If corporation, �� ��son �5 �`� C��`n n by . C, akl Title I� SEAL 11 • Business Address of Bidder fl O`k�teg I FV)t7 (s:5 11Q- ZTR Ig- '� If Bidder is a corporation, supply the following information: State in which incorporated ---60 01C�I Name and Address of its: iPresident 1� 5 l.\OX hQ. fY1D Secretary c-1 wsr l k ax rny— Date r o1 L}. OZpp 7 THE AMERICAN INSTITUTE OF ARCHITECTS 1 ' AIA Document A310 Bid Bond 1 KNOW ALL MEN BY THESE PRESENTS, THAT WE Jefferson Asphalt Company, Inc. ' 221 Bolivar, Suite 201, Jefferson City, MO 65101 as Principal, hereinafter called the Principal, and Fidelity and Deposit Company of Maryland ' PO Box 1227 Baltimore MD 21203 a corporation duly organized under the laws of the State of MD ' as Surety, hereinafter called the Surety, are held and firmly bound unto City of Jefferson City MO 320 E. McCarty,Jefferson City, MO 65101 ' as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, ' executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS;the Principal has submitted a bid for Project No. 32090, 2007 Milling and Overlay-Various Streets for 'ity of Jefferson City, Missouri ' NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or.bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such-bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise ' to remain in full force and effect. Signed and sealed this 24th day of April 2007 ' Jefferson Asphalt Company, Inc. r n (Principal (Seal) ' Witness ,9 _ Sp ro►� eo B A. •. �a 0 (Title) i waw 'R VA Fidelity and Deposit Company of Maryland (Surety) (Seal nMtness) ' B : KKK • attomey-in-Fact Barbara A. Miller (Tine) ' Surety Phone No. 410-539-0800 AIA DOCUMENT A310 0 BID.BOND•AIA 0 FEBRUARY 1970 ED.0 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 ' Bond Number: Bid Bond Obligee:City of Jefferson City MO • Power of Attorney ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE:3910 KESWICK ROAD,BALTIMORE,MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by Frank E.Martin,Jr.,Vice President and Gerald F.Haley, Assistant Secretary,in pursuance of authority granted by Article V1,Section 2, of the By-Laws of said Company,which are set forth on the next page hereof and are hereby certified to be in full force and effect on the date hereof,does hereby nominate,constitute and appoint: Barbara A. Miller of Kansas City MO , its true and lawful agent and Attomey-in-Fact, to make, execute, seal and ' deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number Bid Bond issued on behalf of Jefferson Asphalt Company, Inc. ,as Principal in a penalty not to exceed the sum of See Bond Form ($ See Bond Form )and the execution of such bond or undertaking in pursuance,-af these presents,shall be as binding upon said company, ' as fully and amply,to all intents and purposes,as if it had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore,MD,in their own proper persons. The said Assistant Secretary does hereby certify that the extract set forth on the next page hereof is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force. ' IN WITNESS WHEREOF,the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND this 24th day of April A.D.2007 ' ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 'wC DEPpf�i j �+ • v • W'5 By. 4 Gerald F.Haley Assistant Secretary Frank E.Martin,Jr. Vice President ' State of Maryland County of.Baltimore SS: On this 24th day of ))) April A.D. 2007 before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified, came Frank E. Martin,Jr.,Vice President, and Gerald F..Haley, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said ' Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Stephen G.Moxley Notary Public • My Commission Expires: November 1,2007 1 E XTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND .� ' "Article V1,Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice-Presidents,Assistant Vice-Presidents and Attorneys-in-Fact as the ' business of the Company may require,.or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances,stipulations,policies,contracts, agreements,deeds,and releases and assignments of judgements,decrees,mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE ' 1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power a of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of ' the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duty called and held on the Sth day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any ' Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." ' • IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 24th day of April 2007 '�Q OEPOS�� W � ' L.L. Goucher Assistant Secretary 1 i • ANTI-COLLUSION STATEMENT STATE OF 1 1 l i SSOur� ) COUNTY OF C-1A U , �_ t��-� being first duly swom, deposes and says that he is -pro A-CV r of ' TITLE 6F PERSON SIG NG �sof\ �5p1ti�L� CO' ' NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and ' correct; and that the bidder (the person, firm, association, or corporation making said bid)has not,either directly or indirectly, entered into any agreement, participated in any. collusion, or otherwise taken any action in restraint of free competitive bidding in ' . connection with such bid of any contract which result from its acceptance. . Aff iant further certifies that bidder is not financially interested in, or financially affiliated ' with, any other bidder for the above project. (BY) n ` Swom to before me this �`'� day of `-t��!� _, 200 0 I J cUL Oft.., ' NOTARY PUBLIC COLE17E MULHERON Notary Public- Notary Seal ' State of Missouri, Cole County. My Commission Expires Dec. 9, 2007 My commission expires: 1 • 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 Ss�,uc'► ) n ) ss .COUNTY OF COk ) I A The undersigned, of lawful age, being first ul duly sworn states upon oath that he is ' _-Pr e_C_+ ► , `C��C� Q of o ko-u- CD the contractor submitting the attached bid, that he knows of his own knowledge and 'I t states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required ' to furnish material or actually perform services .upon or as a part of the proposed I project. 'I FIANT 'I Subscribed and sw,Iom to before me, a Notary Public, in and for the County and State '( aforesaid, this o2'1 day of Dr% L , 2007 ') COLETTE MULHERON NOTARY PUBLIC Notary Public-- Notary Seal '( State of Missouri, Cole County My Commission Expires Dec. 9, 2007 My Commission Expires: 'I lie MINORITY BUSINESS ENTERPRISE STATEMENT Contractors bidding n City contracts shall take the following affirmative steps to assure 9 tY 9 P that small, women owned, and minority business are utilized when possible as sources ' of suppliers, services, and construction items. I ' 1. Contractor's will submit the names and other information if any, about their MBE I sub-contractors along with their bid submissions. 2. Sufficient and reasonable efforts will be .made to use qualified MBE sub- contlactors when. possible on City contracts. ' 3. Qualified small,` women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction. ' 4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources. ' 5. When economically feasible, Contractors will divide total requirements.into I smaller tasks or quantities so as to permit maximum small, women'owned,�a?A' 1 • minority business participation. I6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small. Business IAdministration, the.Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. I . • MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least two (9)' % of the contract, if awarded,.for Minority Business Enterprise (MBE). For purposes of this goal,the I term "Minority Business Enterprise" shall mean a business: �I 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: l1. 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); 'l• 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 I Islands); 1 4. American Indians and Alaskan Native (a person having origins in any of 'I 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 Adminisfration under 'I 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. Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. 'I 'I 1I 1 B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: 1 Name and Addresses Nature of Dollar Value of of Minority_Firms Participation Participation 1 1 1 Total Bi8 Am:ount:. Total: 1 Percentage of Minority Enterprise Participation: 0 % 1 C. The bidder agrees to certify that the minority firrh(s) engaged to provide materials or services in the pompletion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific 1 materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the 1 • 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 1 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 1 p Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. 1 D. The undersigned hereby certified that he or she has read the terms of this 1 agreement and is authorized to bind the bidder to the agreement herein set forth. 1 NAME OF AUTHORIZED OFFICER DATE -a4-D'1 1 NATURE OF ORIZED OFFICER 1 • 1 r r . AFFIDAVIT COMPLIANCE WITH PREVAILING r WAGE LAW _J Before me, the undersigned Notary Public, in and for the County of , ' State of personally came and appeared 1 , 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. 13, Section 026, Cole.County in carrying out the contract and work in connection with Project No. ri 32090, 2007 Milling & Overlay Program located at Jefferson City in Cole County, Missouri, and completed on the day of , 20 �f r1l+r SIGNATURE 4_..7 Subscribed and sworn to me this day of , 20 �.J NOTARY PUBLIC My commission expires: �1 STATE OF MISSOURI ) ss J COUNTY OF ) • J Missouri 1 1 Division of Labor Standards WAGE AND HOUR SECTION OF THE S w L 1 B OS Mocccxx I' MATT BLUNT, Governor 1� Annual Wage Order No. 13 Section 026 COLE COUNTY 'i 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 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 'i 8 CSR 2075.010(1). A certified copy of the Annual Wage. Order has been filed with the Secretary of State of Missouri. Original Signed by Allen E. Dillingham,Director '! Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10,2006 • Last Date Objections May Be Filed: April 10, 2006 ' Prepared by Missouri Department of Labor and Industrial Relations �I Building onstruction Rates for REPLACEMENT PAGE Section 026 ' 9 • COLE County "Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker 10/06 $26.44 55 60 $13.66 ' Boilermaker 9/06 $28.49 57 7 $18.62 Bricklayers-Stone Mason 1 $25.39 59 7 $10.12 Carpenter $21.13 60 15 $9.58 Cement Mason $20.99 9 3 $9.31 Electrician- Inside..Wireman $26:32- 28 7 $10.50+13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor 1/07 a $37.115 26 54 $16.23 ' Operating Engineer Group 1 5/06 $24.62 86 66 $15.40 Group II 5/06 $24.62 86 66 $15.40 Group 111 5/06 $23.37 86 66 $15.40 ' Group III-A 5/06 $24.62 86 66 $15.40 Group IV 5/06 $22.39 86 66 $15.40 Group V 5/06 $25.32 86 66 $15.40 ' Pipe Fitter 7/06 b 1 $31.00 91 69 $17.93 Glazier- $15.00 FED $1.42 Laborer(Building): General $17.87 110 7 $8.43 First Semi-Skilled $19.87 110 7 $8.43 Second Semi-Skilled $18.87 110 7 $8.43 Lather USE CARPENTER RATE Linoleum Layer&Cutter IUSE CARPENTER RATE ' Marble Mason $25.39 59 7 $10.12 Millwright $22.13 60 15 $9.58 Iron Worker 8/06 $23.72 11 8 $15.02 ' Painter 2/07 $20.25 18 7 $7.82 Plasterer $20.01 94. 5 $9.10 Plumber $21.50 FED $3.20 Pile Driver $22.13 60 15 $9.58 , Roofer 10/06 $25.25 12 4 $9.84 Sheet Metal Worker 7/06 $25.55 40 23 $11.18 Sprinkler Fitter $15.25 FED $2.37 ' Terrazzo Worker $25.39 59 7 $10.12 Tile Setter 1 $25.39 59 7 $10.12 Truck Driver-Teamster Group 1 $20.50 101 5 $7.50 ' Group II $21.20 101 5 $7.50 Group 111 $20.90 101 5 $7.50 Group IV $21.20 101 5 $7.50 Traffic Control Service Driver ' jWelders-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 • t *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 13 1107 '1 • Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes II ec ive Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule i� 1' i a occupational title performing operation to which welding is incidental. 'Welders receive rate prescribed for th pe g pe g _ 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% I) 'b- All work over$3.5 Million Total Mechanical Contract-$31.00,Fringes-$17.93 All wont under$3.5 Million Total Mechanical Contract-$29.66,Fringes-$13.83 a l 1� - 1' 1! 1 • 'Annual Incremental Increase ANNUAL WAGE ORDER NO.13 7106 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 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m. 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 regulax workweek shall be forty(40)hours,beginning between 6:00 a.m. 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(I%:)i Sunday and Holidays shall be paid at double(2)time. Saturday can be a make-up day if the weather has forced a day off,but&@y rn 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 • ' NO. 26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 a.m.,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. � I • J ANNUAL WAGE ORDER NO.13 , AW13 026 OT.doc Page 1 of 5 Pages ICI COLE COUNTY OVERTIME SCHEDULE r'I 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 may be 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) consecutive hours they shall be paid double time(2X)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'/z)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'/z)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 flays may constitute the regular work week. 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'/z)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.13 Awl 026 OT.doc Page 2 of 5 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 work week is in effect, forty (40) hours per week shall constitute a week's work,Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight(8)hours or forty(40)hours per week. The regular starting time(and resulting quitting time)may be moved to 6:00 am.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 I0-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'/2) 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 and 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.65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m.,with one half hour for lunch between three and one-half(3'/2)and five(5)hours after starting time. The starting time may be advanced by two ' (2)hours or delayed one(1)hour by the employer from the regular starting time. All work performed before the advanced starting time and during the half hour lunch shall be paid at the overtime rate of time and one-half(I%2). Work performed outside these hours shall be paid at the overtime rate.of time and one-half(1'/z), except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 a.m., the , employee's pay shall start at 9:00 a.m. and all time, after the normal quitting time(5:30 p.m.), shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above,and all work performed on Saturday shall be paid at time and one-half(1'/2)the regular rate. In the event that a scheduled eight(8)hour work day is missed(not including recognized holidays)because of inclement weather, then that missed , work day may be made up at straight time on the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty(40)hours must be paid at time and one-half(1'/2). The employer may establish a 4-10's schedule on projects(4 ' days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a minimum of one(1)week. If using a 4-10's schedule,a Friday make-up day is allowed. • ANNUAL WAGE ORDER NO.13 A W l 3 026 OT.doc Page 3 of 5 Pages , COLE COUNTY OVERTIME SCHEDULE 'I BUILDING CONSTRUCTION • 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 i 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 Mnday-through Saturday shall be paid at time and one-half(1'/z)of the hourly rate plus an amount equal to one-half('/z)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.9-1: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 ,1 ('/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)how 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'/2)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. 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 am. or delayed one(1)hour to 9:00 am. 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 betweeii the hours of 6:30 am.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 work week is.in effect,forty (40)hours per week shall constitute a week's work,Monday through Friday,inclusive. In the event the job is down for any reason beyond the Employer's.control,then Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed eight(8)hours per day or forty(40)hours per week. Make-up days shall not be utilized for days lost due to holidays. t • ' ANNUAL WAGE ORDER NO. 13 A W 13 026 OT.doc Page 4 of 5 Pages COLE COUNTY OVERTIME SCHEDULE ' BUILDING CONSTRUCTION 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(11/2)-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. r ANNUAL WAGE ORDER NO.13 A W 13 026 OT.doc Page 5 of 5 Pages , 11 i ', COLE COUNTY i HOLIDAY SCHEDULE-BUILDING CONSTRUCTION 1 NO.3: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. NO.4:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving and Christmas Day '( shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holiday. If any of the above holidays.fall on Saturday,Friday will be observed as the recognized holiday. NO.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.7:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, , and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday,it shall be observed on the j Monday following. If a holiday falls on a Saturday,it shall be.observed on the preceding Friday. ff NO.8:All work performed on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving 'I Day,and Christmas Day,or the days observed in lieu of these holidays,shall be paid at the double time rate of pay. NO.15:All work accomplished on the recognized holidays of New Year's Day,Decoration Day(Memorial Day),Independence 'l Day.(Fourth of July),Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named JJ 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 t� Monday. No work shall be performed on Labor Day,Christmas Day,Decoration Day or Independence Day except to preserve 1 life or property. NO.23:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls 'l • on Sunday,the following Monday shall be considered a holiday. NO.54:All 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 rate 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.60: All work performed on New Year's Day,Armistice Day(Veteran's Day),Decoration Day(Memorial Day), ,i 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. 'j NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's JJ 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.69: 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 �i -time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. 11, �.J • 1, ANNUAL WAGE ORDER NO. 13 AW011 026 BHol.doc Page I of 1 Pages 11 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 5/06 $26.18 7 16 $9.49 Millwright 5/06 $26.18 7 16 $9.49 1 Pile Driver Worker 5/06 $26.18 7 16 $9.49 OPERATING ENGINEER Group 1 5/06 $23.70 21 5 $15.31 ' Group 11 5/06 $23.35 21 5 $15.31 Group III 5/06 $23.15 21 5 $15.31 Group IV 5/06 $19.50 21 5 $15.31 ' Oiler-Driver 5/06 $19.50 21 5 $15.31 LABORER ' General Laborer 5/06 $22.52. 2 4 $8.13 ' Skilled Laborer 5/06 $23.12 2 4 $8.13 TRUCK DRIVER-TEAMSTER Group 1 5/06 $24.27 22 19 $8.00 Group II 5/06 $24.43 22 19 $8.00 ' Group III 5/06 $24.42 22 19 $8.00 Grou IV 5/06 1 $24.54 1 22 1 19 1, $8.00 1 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the , Building Construction Rate Sheet. • *Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 7/06 , _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. _J 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(I0),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 work day 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 may be worked as a make-up day at ' straight time (if working 5-8's). Make-up days shall not be utilized for days lost from holidays. Except as worked as a make-up day,time on Saturday shall be worked at one and one-half(P/2) J 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. LJ NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly 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 'i work Friday or Saturday at the straight time rate of pay to complete his forty (40)hours. If an Li 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(I1/2)_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. For kiall time worked on recognized holidays, or days observed as such, double (2) time shall be paid. ANNUAL WAGE ORDER NO. 13 ' A WO13 026 HOT.doc Page 1 of]Pages L.1 COLE COUNTY ' HOLIDAY SCHEDULE—HEAVY CONSTRUCTION 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. 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. 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. 1 • 1 AWO13 026 HHol.doc ANNUAL WAGE ORDER NO. 13 Pagel of 1 Pages ' REPLACEMENT PAGE tOUTSIDE 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 *Joumeyrn an Lineman- $31.36 $4.75 +41.3% *Lineman Operator $27.50 $4.75 +41.3% *Groundman $21.41 $4.75 +41.3% 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 rats 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. J 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. J UTILITY WORK I Occupational Title Basic Total Hourly Fringe 1j Rate Benefits *Journeyman Lineman $31.36 $4.75+37.3% *Lineman Operator $27.08 $4.75 +37.3% *Groundman $20.94 $4.75 +37.3% '1 OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty i (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 J 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 Da y,Memorial Da y,Fourth of Jul y,La b or 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. 13 9/06 O[ff STL A W 13 inl.doc ! . AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW 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. 32090, 2007 Milling & Overlay Program. +. 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. -J 4. That has fully complied with the I • provisions and requirements of Section 290.290 RSMo (1994 as �-� amended) ' FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and swom to before me this day of , 20 NOTARY PUBLIC LJ 'S My Commission Expires: STATE OF MISSOURI ) ss ' COUNTY OF ) Lil 1 1�. • EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I the undersigned,g , of lawful age, 1 first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 1 `-' 2. That was awarded a public 1 works contract for Project No.32090,2007 Milling.&Overlay Program. J 3. That I have read and am familiar with Section 290.290 RSMo (1994 as 1 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 1 Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or 1 • improvements, an exception applies as to the hiring of since no Missouri 1 laborers or laborers from non-restrictive states are available or capable of performing ' FURTHER AFFIANT SAYETH NAUGHT. AFFIANT !J, Subscribed and sworn to before me this day of , 20 1� NOTARY PUBLIC JMy Commission Expires: APPROVED BY Director of Community Development, City of Jefferson, MO J • I�l IJ . CITY OF JEFFERSON • CONSTRUCTION CONTRACT ' THIS CONTRACT, made and entered into this — day of ' 2007, by and between Jefferson Asphalt Co. hereinafter referred t 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. 32090, 2007 Milling & Overlay Program. ' 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 "2007 Milling & Overlay Program" 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 ninety(90)calendar 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 for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 13, 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 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 under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. ' NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the • general contractor provides adequate protection against claims arising from operations tby anyone directly or indirectly employed by the Contractor. 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 t 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. ' 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 an such claim,damage, • P P Y 9 loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to ' injury to or destruction of tangible property(otherthan 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 labordone, 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.by the Directorof Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated April 24, 2007 ' 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 Six Hundred Thousand Four Hundred ' Twenty Six Dollars and Thirty Five Cents ($600,426.35). 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. 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 otherdocuments 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. r 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. ' 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, t 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 P.O. Box 104868,Jefferson City, MO 65110. The date of delivery of any notice shall be the second full day after the day of its ' mailing. • • IN WITN S)�S WHEREOF,the parties hereto have set their hands and seals this day of ,-2007. CITY OF JEFFERSON CONTRACTOR ATTEST: ATTEST: 1 City Clerk Title: Cg;c vvkap,.4,.&r APPROVED AS TO FORM: t City ounselor 1 _ 1 • 1 BOND #08892192 • PERFORMANCE, PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Jefferson Asphalt Company, Inc. hereinafter, referred to as "Contractor" and Fidelity and Deposit Company of Maryland, PO'Box 1227, Baltimore,, MD 21203 410-539-0800 a Corporation organized under the laws of the State of Mary.l and and authorized to transact business in the State of Mi ssouri as Surety, are held and firmly bound unto the City of Jefferson, Missouri hereinafter referred toas"Owner" Six Hundred Thousand Four. Hundred Twenty-Six i in the penal sum of Dollars and Thirty-Five Cents------------------- DOLLARS r ($ 600,426.35----------- ),. .lawful money of the United States.of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly -and severally by these presents. �r THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; 'r WHEREAS, the above bounded Contractor has on the __5 , day of June ,20 07 ,entered into a written contract with the aforesaid Owner rforfumishing all materials,equipment,tools,superintendence,labor,and other facilities and accessories, for the construction of certain improvements as designated, defined rand described in the said Contract and the Conditions thereof, and in accordance with i ' the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: 1 NOW THEREFORE,if the said Contractor shall and will, in all particulars,well,duly and r 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, 0 't 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 an other supplies or materials used or consumed b such Contractor or his, their, or ' Y Pp Y its subcontractors in performance of the work contracted to be done,the Surety will pay i1the 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 iri 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 ten-ns of the contract, or to the work, or to the specifications: ' PROVIDED-FURTHER that if the said Contractor fails to a the prevailing revailin hourl rate PY Y ' 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: ' IN TESTIMONY. S MONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attomey-in-fact duly authorized thereunto so to do, at Kansas City, Missouri on this the 12 day of June 20 07 Fidelity and Deposit Company of Maryland Jefferson Asphalt Company, Inc. SURETY COMPANY CONTRACTOR BY (SEAL) BY (SEAL) BY Barbara A. Miller (SEAL) BY (SEAL) Attorney-in-fact (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) I III i • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF.MARYLAND, a corporation of the State of Maryland, by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e by nominate,constitute and appoint J.Douglas JOYCE,Eric Van BUSKIRK,Linda L.NUT LL chael T.KELLY and Brenda L.LINZE,all of Kansas City,Missouri, EACH it a nt - ct,to make,execute, ' seal and deliver, for,and on its behalf as surety,and,a i and undertakings,and the execution of such bonds or undertakings i u se s ending upon said Company,as fully and amply,to all intents and pur os� bePinda d acknowledged by the regularly elected officers of the Company at its lti M , ' er pers ons. This power of attorney revokes that issued on P Y behalf of J.Douglas J ri . NUTT, Barbara A. MILLER,Michael T. KELLY, Brenda L. LINZE, Michael L. �ed 2,2006. The said Assistant ZrZ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, I ' Section 2,of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of March, ' A.D.2006. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' �0 OEFps/ u o Q`".nab By: Eric D. Barnes Assistant Secretary William J. Mills Vice President ' State of Maryland l ss: City of Baltimore f ' On this 13th day of March, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being ' by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14,2007 1 • ' POA-F 076-0532 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,' shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of.the Company any bonds, undertaking, recognizances, stipulations,' policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE ' I,the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized' by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company," this 12 day of June 2007 ' Assistant Serrelun , 1 • CORD CERTIFICATE OF LIABILITY INSURANCE OP ID C DATE(MM/DD/YYYY) JEFFE25 06/12/07 PRODUiER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Winter-Dent & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE E. McCarty Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR � ox 104 6 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. g on City MO 65102-1046 Pho 73-634-2122 Fax:573-636-7500 INSURERS AFFORDING COVERAGE NAIC# 1 RED INSURER A. Regent Insurance Company 24449 Jefferson Asphalt Company, Inc INSURERB: General Casualty Co. of WI 24414 As halt Products, Inc. , INSURER C: FLC Leasing Inc. P O BOX 104868 INSURER D: Jefferson City MO 65110-4868 INSURER E: COVERAGES E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING Y REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Y PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH LICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. E POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDITY DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY CC10324163 -01/01/07 01/01/08 PREMISES(Ea occurence) $ 100000 CLAIMS MADE FX] OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2000000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANY AUTO C13A0324163 01/01/07 01/01/08 (Ea accident) $ 1000000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS �lt�A� 'BODILY INJURY X NON OWNED AUTOS INSURANC REVIEWED (Per accident) $ PROPERTY DAMAGE By: ( - (Per accident) $ GARAGE LIABILITY _ AUTO ONLY-EA ACCIDENT $ ANY AUTO Date: — `0 OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLALUABILITY EACH OCCURRENCE $ 1000000 B X I OCCUR EI CLAIMSMADE CU3225265 01/01/07 01/01/08 AGGREGATE $ 1000000 ' $ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND X TORY LIMITS ER ' EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE CWC0324163 01/01/07' 01/01/08 E.L.EACH ACCIDENT $ 1000000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 10.00000 If yyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1000000 OTHER Leased or rented CCI0324163 01/01/07 01/01/08 400000 CRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS oject: 2007 Milling Overlay Program- #32090- JA Job #17039 -�. JUN 13 2007 CERTIFICATE HOLDER CANCELLATION c0MW,5N,1 Y DE"\ L' ir1ENT I C ITYJ-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN • NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ' City of Jefferson Dept of Community Development IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 320 E McCarty Street REPRESENTATIVES. Jefferson City MO 65101 mi R EPRE§4NTATIVE QCL h ORD 26(2001108) ©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 ' 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. • ACORD 26(2001108) co o® INSURANCE BINDER OP °06/12i 07 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. NCY COMPANY BINDER# 11241 nter-Dent & Company General Casualty Insurance P.VMcCarty Street DATE EFFECTIVE TIME DATE TIME erson OX 1046 X AM X 12:01 AM itCity MO 65102-1046 arles E. Trabue 06/12/07 12:01 pNl 08/12/07 NOON ,No,Ext): 573-634-2122 (A/C,No): 573-636-7500 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 0240321 SUB CODE: PER EXPIRING POLICY#: NA-BIND–OCP TOMER ID: JEFFE25 DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY(Including Location) URED City of Jefferson Owners Contractors Protective Liability Pol Dept of Community Development 2007 Milling Overlay Program ' 320 E McCarty Street Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS% AMOUNT PERTY CAUSES OF LOSS BASIC F-1 BROAD F] SPEC GENERAL LIABILITY EACH OCCURRENCE $2000000 UAMAUL COMMERCIAL GENERAL LIABILITY RENTED PREMISES $ CLAIMS MADE 0 OCCUR MED EXP(Any one person) $ Owner & Contractor Prot. PERSONAL&ADV INJURY $ GENERAL AGGREGATE $2000000 RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMP/OP AGG $ OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ 40WNED AUTOS BODILY INJURY(Per accident) $ DULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS MEDICAL PAYMENTS $ NON-OWNED AUTOS PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ IFUMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION $ WC STATUTORY LIMITS ' WORKER'S COMPENSATION E.L.EACH ACCIDENT $ AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ DR1Jefferson Asphalt Company is responsible for payment of premium and audit. FEES $ 0NS/ WER TAXES $ E RAGES ESTIMATED TOTAL PREMIUM $ NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED • LOSS PAYEE LOAN# ' AUTHORIZED REPRESENTATIVE 11��Q�1.. TTOY� ORD 75(2004109) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-2004 C ' ONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the ' terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company , stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this _ binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title ' of the form is changed from "Insurance Binder"to"Cover Note". Applicable in Colorado ' With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile ho owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate then issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real ' property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled , within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10)days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of ' insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida ' Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the , duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is ' required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof• of insurance for actual damages sustained therefrom. ACORD 75(2004/09) GENERAL PROVISIONS ' FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified asset 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 "Parry 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 "Parry of the Second Part"shall mean the parry 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. t5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (i.e.,the Engineering Division Director). 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 bythe Cityto the Contractor during the progress of the work,as provided for herein. ' 11. Whenever in these contract documents the words"as directed","as required","as permitted","as allowed",.or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. ' 12. Similarly the words"approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean ' approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression "it is • , understood and agreed"or any expression of the like import,such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard , Specif ications 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 t nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and-facilities needed preliminary to and during the prosecution of the work,the general local conditions, and all other-matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or ' employee of the City,either before or after the execution of this contract,shall affect or modify any of the terms or obligations herein contained. The relation of the Contractor to the City shall be that of an independent contractor. ' GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the ' work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority • to act on behalf of the City. '. The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision • of the construction activities or responsibility for their safety. The Engineer's sole responsibility during ' construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor,but not specified or required,if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of-the-Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum..This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with 'i 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 ,i 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. Ii 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. �I (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. • GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE: ICOVERING 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 • t 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 I i l ' 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 j will protect him against any claims resulting from injuries to and death of workmen engaged in work under ' this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment-, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall jbe of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular 1 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 '1 value shall include the aggregate value of the City-furnished equipment and materials to be erected or J 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 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 i 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 ,l larceny,theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the JJ 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 '1 to the work. IIII GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs,expenses,judgments,or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants,acts, ' matters,or things by this contract undertaken to be done or performed,or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men,or suppliers of machinery and parts thereof,equipment,powertools and supplies 'j incurred in the fulfillment of this contract. } GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE ,J -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 ,i 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. • 1� i 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 bythe 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 ' 1 the contract amount and the Contractor shall satisfy all demands that may be made at anytime 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 J of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. ' GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL These Specifications and-Project-Plans are-intended to supplement, but not necessarily-duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which is 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. 11 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 yJl Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative , so appointed, when the same are consistent with the obligations of this contract and the specifications • therefor, provided, however, that should the Contractor object to any order given by the Construction ' Representative, the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the ' Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractorfrom 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 order from the Engineer,and the Contractor will be liable for any deviation except on such written order. ' All condemned work shall be promptly taken out and replaced by satisfactory work,and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may,upon certification bythe Engineer,withhold payment ' or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be • , uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. , The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes ' to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes,and ' continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary ' information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of 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 bythe 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 i to the expiration of one year from the date of final payment. '1 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 Ij 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. li 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 ff 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 IJ for it. GP-20 BARRICADES AND LIGHTS All streets,roads,highways,and other public thoroughfares which are closed to traff ic 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. IlAll 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. 1� All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used • for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public li 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. II All barricades, signs, lights and other protective devices shall be installed and maintained in conformity 1 with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control • Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment ' will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done , hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not ' shown by the plans, or found in locations different than those indicated, shall not 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 fumish and maintain all necessary safety equipment such as barriers,signs,warning ' lights and guards as required to provide adequate protection-or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and ' utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property.or utilities. , 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 r, waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS rIf desired by-the City,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner,without invalidating the Contract,may order.additional work to be done in connection with the Contractor 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. 'i j If the modification or alteration increases the amount of work to be done,and the added work or any part thereof is of.a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work"as hereinafter provided in this Article GP-26. 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 i 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. f The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim • for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: i (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 bythe Specifications and not covered bythe 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 1 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 , 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 method he may deem expedient. ' In such case, no further payment will be made the Contractor until the work is finished. If the unpaid • balance of the contract price shall exceed the expense of finishing the work, including compensation for ' additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. ' GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT • If the work should be stopped under an order of any court, or other public authority,for a period of three months,through no 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 r 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 Contractorfails to maintain adequate equipment and supervision forthe proper prosecution and control of the work at night. 11 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. 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 surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections,a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the ' completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor.under the contract,and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue ' and finish the work or any part of it after the expiration of the specified time,or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of its rights under the contract. GP-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 t 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. i 1� 1 (d) PARTIAL PAYMENT • Partial payment will be made on a monthly basis. The payment shall be based on the work that has.been 1 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 I 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. 'i 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 hoursbefore 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 J 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 '1 promised is equal or better and the price quoted is the same or less. 1 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 ,l 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 W orks'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 • 'I SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 TECHNICAL SPECIFICATIONS AND DETAILS 1 . 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; Special Provisions, Detail Plans, and any special or specific Specifications as included.in the contract documents. 1� All,construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid.for the project. SP-3 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 'l will be submitted at the conference. JJ SP-4 PREVAILING WAGE LAW 'J Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of lMissouri, is.a requirement of this contract. (Reference Section IB-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in.a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. ,! F:\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd April 4,2007 11 SP-6 REPAIR OF DRIVING SURFACE ' All sections of pavement damaged or removed during construction shall be • replaced in accordance with the following requirements: , Existing _ Pavement Base Surface ' PCC Street ---- 61, PCC Bituminous Street 6" PCC 1 Y2" AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix is not available. The cold mix shall be removed and the permanent hot mix shall be installed when it becomes available. , Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and repair of , the driving surface shall be subsidiary to construction. SP-7 ADVANCE NOTICE ' The Department of Community Development shall be notified at least forty- eight (48) hours in advance of the start of construction. ' Coordination for street paving will be primarily through the Street Division. SP-8 SEQUENCE OF OPERATION • , The milling, crack sealing, reflective crack control, and overlay operations will be sequenced to minimize the inconvenience to the traveling public. ' The contractor will not be permitted to place any final surface course until the base widening, the leveling course and the binder course have been completed throughout the entire combination of sections, unless otherwise ' authorized by the Department of Community Development. The proper condition of the base widening, the level course, and the binder course at the time of placing the surface course, shall be the Contractor's responsibility. , The contractor shall sequence overlay to follow closely behind the chip and seal operations. When every possible the chip and seal treatment should be covered with the overlay within 72 hours. , SP-9 SURFACED APPROACHES At locations designated in the contract or as directed by the Department of ' Community Development, approaches are to be primed in accordance with the specifications and surfaced with BP-1 asphaltic concrete. Approaches shall not be surfaced until the surface course adjacent to the entrance is completed. No direct payment will be made for any work required to , P p Y condition and prepare the subgrade on the approaches. • F:\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd April 4,2007 ' i ' SPA PAVEMENT REPAIRS rA blow-up will be considered to be that area where excessive expansion ' has resulted in distress to the existing pavement. Blow-ups occurring prior to the application of the tack coat on the existing surface will be repaired by the City of Jefferson. Blow-ups occurring after the application of the tack coat shall be repaired by the Contractor. SP-11 SURFACE PREPARATION The City of Jefferson shall be responsible for the preparation of streets, roadways, and other areas listed-in the paving schedule, including removal and replacement of any soft spots with materials compatible with the ' pavement type encountered. SP-12 JOINT PREPARATION ' The contractor shall be responsible for the preparation of, including , cleaning, filling, or other repairs,to transverse and longitudinal joints, or to any random cracks that is required prior to the installation of a Paving Joint Reflective Crack Control System. This required joint preparation shall be considered as part of the work required in the installation of the Reflective Crack Control System. The cost for this preparation shall be included in the unit price for the installation of the Reflective Crack Control System. ' SP-13 SWEEPING The contractor shall be responsible for sweeping after the milling operation ' and the City of Jefferson shall be responsible for sweeping prior to tack coat application and overlay operations as well as at the completion of the Chip and Seal operations. SP-14 TRAFFIC CONTROL The streets under this project shall be kept open to traffic at all times unles permission is obtained from the engineer to close said streets. All necessary flagmen, barricades, warning signs, and cones shall be provided by the contractor in accordance with the MUTCD, and no additional compensation will be allowed. The contractor shall also provide all signage necessary to warn the public of hazards that exist as a result of milling operations. This is to be accomplished through the use of Bump (W8-1), Rough Road (W8-8), and Uneven Lanes (W8-11) Signs. These signs are to be provided by the contractor and displayed in accordance with the MUTCD, in locations in which milling has taken place and the overlay has not yet been competed. No additional compensation will be allowed for t requirement. SPA 5. TRAC IPMENT The Department of Community Development reserves the right to require a track type paver should-it deem it necessary. 'I • F;\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd April 4,2007 SP-16 DISPOSAL OF MILLINGS ' The City will supply a number of dump trucks and qualified drivers to accept • the asphalt cuttings for all work done in the City of Jefferson. The contractor , shall load cuttings onto the dump trucks provided. All materials removed by the planing machine will be the property of the City. The contractor may be required to supply additional dump trucks and t qualified drivers. If such work is required it shall be paid for at the unit price bid. - SP-17 PURCHASE OF ASPHALT MILLINGS FROM CITY OF JEFFERSON The City of Jefferson intends to keep for its own use approximately 3,000 tons of the asphalt millings obtained during the milling operation. The purchase of the remaining estimated tonnage of millings is included as a bid item in the proposal. Asphalt millings will be bid per ton delivered to the dumping site. The bidder must have a suitable scale available at or on ' route to the dumping site. Materials may be hauled as they are milled from the pavement, and the bidder must be prepared to take delivery at that time. Should the bidder desire delivery outside the city limits, additional ' arrangements must be made. Any costs incurred by the city over and above the costs of delivery inside the city limits must be reimbursed by the purchaser. , SP-18 COOPERATIVE PROCUREMENT The City of Jefferson has entered into cooperative purchasing agreements a ' with the County of Cole and the Jefferson City Housing Authority. The Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or services under this bid or resulting , agreement period at the same prices, terms and conditions stated herein. It is understood and agreed that each participating political subdivision will make its own separate contract with the successful bidder, that each , participating political subdivision shall only be liable to the successful for materials'or supplies contracted for by such political subdivision, and each successful bidder shall be required to bill each participating political ' subdivision directly for the materials or supplies purchased. In the event of any dispute between a political subdivision and a successful , bidder arising after a contract of purchase has been executed, such dispute shall be handled by and between the particular political subdivision affected and the contractor. SP-19 CERTIFICATION OF BITUMINOUS MIXING PLANT 1 The bituminous mixing plant used in the production of the bituminous paving materials to be utilized for this project shall meet the specifications in , Section 404 of the latest edition of the "Missouri Standard Specifications for Highway Construction". Only plants that have been certified to produce paving materials for the use , in MoDOT projects or projects requiring the same type of certifications may F:\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd April 4,2007 ' i • be used. The City will require documentation or calibration of the mixing plant. i SP-20 MAXIMUM PAVING PASSES The City of Jefferson wishes to minimize the paving joints on all major street I resurfaced. The attached Exhibit 1 - Schedule of Quantities denotes street where the City will require the paving operation to be conducted to minimize these paving joints. I SP-21 NIGHT OPERATIONS I I1 The City of Jefferson wishes to conduct some of the overlay work during j night time hours to minimize impact to the driving public. The attached Schedule of Quantities denotes which street sections will be overlaid during night operations. With the approval of the Engineer the list will be added 11 or reduced so as to fill a complete work week. 1 Night operation will be defined as conducting operation between the hours of 8:00 pm and 7:00 am. During night operation the contractor will be 1� require to sign the project appropriately for any road and/or lane closures. Lighting will be required on all equipment and areas where flagman are in use. No direct payment will be made for night operations. 1! END OF SPECIAL PROVISIONS 1 1� 11 1 1: 1� 1 F:\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd April 4,2007 I 't IJ f, TECHNICAL SPECIFICATIONS L.J TS-1 Plans i' There are no drawn plans for the overlay work. Sketches of areas of additional work are.. shown as exhibits to add the bidder in understand the proposal of work. The work is to be =• located on streets and alleys as designated in the Schedule of Quantities (see attachment). The areas and quantities given in the Schedule of Quantities are estimates only and may be increased or decreased as directed by the Department of Community Development. The ;_J areas given in the Schedule of Quantities as "Milling Area"do not in all cases include all of the street areas between limits given, but represent an estimated square yards of area within ' those limits!hat are to be planed. TS-2 Workinq Time Limitation ' Due to the high volume of vehicular traffic on certain routes included in this project, work shall L cease at 4:00 p.m. unless specifically waived by the Department of Community Development. ' TS-3 Cold Milling Requirements TS-3.1 Planing Machine Equipment ' The planing machine to be used in this contract shall be designed and built for cold.planing �J work, shall be pelf-propelled and shall have a means of planing or milling the old pavement • surface. A dust suppression system must be part of the equipment. The drum patterns shall t permit a grooved or smooth surface finish as selected by the Department of Community I J . Development. The drum shall be totally enclosed to prevent discharge of any loosened material on adjacent work areas. Maximum width of the planing machine will not be restricted. ' A minimum of 42 inches is preferred. Smaller machines may be used.for auxiliary.purposes only. Li The planing equipment shall provide for pick-up of cuttings and elevating into dump trucks all in a single operation. Use of front end loaders as the primary means of pick-up will not be construed as a single operation nor will side loading of dump trucks be permitted. The cold planing machine shall have adequate power to force the cutting edge(s) of the drum teeth to the desired depth below the surface of the pavement without causing undue irregularities in the surface of the planed pavement. ' The planer shall be so designed and constructed that it is capable of cutting flush to all curbs, inlets, manholes, or other similar obstruction within the paved area. Drum lacing patterns shall permit a smooth surface finish after planing with groove spacing not LJ to exceed one (1) inch unless otherwise approved by the Department of Community Development. ' The planing machine shall be equipped with a flashing yellow light visible from 360 degrees. The light shall be mounted near the rear of the machine and shall be used whenever the machine is being used or moved upon the City streets. • TS-3.2 Methods of Operation FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 1� The nature and condition of the cold planing equipment and the manner of performance of the ' work shall be such that the finished planed surface of the pavement is not tom, gouged, • shoved, broken, oil coated or otherwise injured by the planing operation. ' The cold milling generally consists of milling off the surface to a depth of 2". It is anticipated that on some areas the cold milling depth will be greater than the typical 2"to maintain a good profile and drainage. Additionally, where brick is the underlying material, it will be necessary , to mill to the top of the bricks or to sound asphalt. Any unsound material remaining on the bricks after milling shall be removed at the contractor's expense. In the event two(2) machines are used, they will be run in tandem so as to occupy only one 1 lane. Planing work shall be limited to a maximum of one lane, 500 running foot length of operation. This running distance shall be from the planing machine to the last operated piece , of equipment in said lane or where circumstances warrant, the operating distance may be increased with the approval of the Department of Community Development. TS-3.2.1 Intersectinq Streets: ' The contractor shall plane through intersections unless directed otherwise by the Department of Community Development. Work on cross street intersection areas outside the through ' traveled way will be required in certain areas. TS-3.2.2 Portland Cement Concrete Pavements: Unless otherwise directed,concrete pavements shall be edge-milled approximately six (6) feet. The milling operation shall commence at a distance of two (2)feet.from the face of the curb or at the gutter lip. The depth Uf Cut at the limit of the milling nearest the c&b shall be a • ' minimum of two(2) inches and should taper to the existing pavement surface approximately eight(8)feet from the face of the curb. The finished product should present the appearance of a concrete gutter pan of a uniform width of two(2)feet in width from the face of the curb. ' TS-3.2.3 Transporting Equipment: All equipment used by the Contractor having metal tracks shall not be driven over streets , other than those streets being planed. Such equipment must be transported. TS-3.2.4 Tolerances: ' In all areas designated, sufficient passes or cuts shall be made such that all irregularities or high spots are eliminated to the satisfaction of the Department of Community Development. , The planing operation shall provide a smooth profile and cross section that does not require a leveling course prior to the overlaying operation. The maximum tolerance in a longitudinal direction shall be 1/2" under a ten (10) foot straight edge and shall be 3/8" under an eight-(8) foot straight edge in a transverse direction. ' TS-3.3 Utility Manholes,Valve Boxes, Curbs and Surface Accessories The contractor shall use a small cold milling machine capable of milling around manholes and ' valve boxes.. Cold milling around valve boxes and manholes shall be performed immediately after cold milling a lane width and before that part of a lane is reopened to traffic. Bituminous hot mix shall be placed around valve boxes and manholes for a width of three (3)feet, raked ' to a feather edge and compacted. • I FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 , ' The contractor shall be held responsible for protecting all utilities and in the event he damages • any of them, they shall be replaced by the contractor at his own expense. ' TS-4 Area Reflective Crack Control Treatment This work shall consist of furnishing all materials, equipment, labor, and performing all ' operations for installing Area Reflective-Crack Control Treatment. Area Reflective Crack Control Treatment shall be Reflective Crack Control System A (Petromat or approved equal). The surface on which Reflective Crack Control System A is to be installed shall be clean and dry. All cracks, spalls, potholes or other depressions shall be sealed with an approved crack sealer or filled with mixture for cracks,joints and flange ways to the satisfaction of the engineer before any crack control system is installed. ' Bituminous surface course mixtures placed on top of any Reflective Crack Control System shall be placed at a maximum temperature of 300 degrees F. All other preparation, ' transportation, placing and compaction of bituminous mixtures shall be done in conformance with the Technical Specifications. ' TS-4.1 Reflective Crack Control System A- Materials The reinforcing fabric shall be non-woven polypropylene or other approved plastic fabric ' having the following properties: a) Minimum Weight (ASTM D 1910), 3.60 oz./sq. yd., b) Minimum Grab Strength (AS14M D 1682), 90.0 lbs., c) Minimum Elongation at Break (ASTM D1682), 55.0%,.and d).Minimum Asphalt Retention, 0.20 gal./sq. yd. ' • The asphalt binder shall be 85/100 penetration asphalt cement meeting the requirements of Section 1015.5 of the Missouri Standard Specification for Highway Construction. TS-4.2 Equipment Mechanical lay down equipment shall be capable of handling full rolls of fabric and shall be capable of laying the fabric smoothly without excessive wrinkles and/or folds: Stiff_brush brooms to smooth the fabric and scissors to cut the fabric shall be provided. '. TS-4.3 Installation The area to be covered with fabric shall be sprayed uniformly with asphalt binder at a rate of ' 0.25 to 0.30 gallons per square yard as directed by the engineer. Binder application shall be accomplished with a pressure distributor for all surfaces except. Where the distributor does not have room to operate, hand spraying will be allowed. The width of the spray application ' shall be no more than 6" wider than the fabric and no less than the fabric width plus 2". The binder shall not be applied at a temperature greater than 325 degrees F to avoid damage to the fabric. After the binder has been sprayed, the fabric shall be unrolled or hand placed onto . the binder without delay. Every effort must be made to lay the fabric as smoothly as possible ' to avoid wrinkles. In no case shall wrinkles large enough to cause laps of the fabric be permitted. Such wrinkles shall be cut and laid out flat. The fabric shall be broomed or squeegeed to remove air bubbles and make complete contact with the road surface. The fabric shall overlap the adjacent fabric panel a minimum of 2". Additional binder.shall be • applied to make the joints where overlap is greater than 2". This shall be a hand application. I ' FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 '1 The transverse joins shall be made in such a manner to avoid pickup by the paver. The ' direction of paving shall be in the direction of fabric placement. When the contractor re-opens the pavement after applying the fabric and prior to resurfacing, he shall apply prime coat aggregate to the surface when and in the quantity requested by the engineer. In addition, the contractor will be held responsible for any and all damage to the fabric by traffic. The contractor will repair the fabric in accordance with the specifications at ' his own expense. TS-4.4 Payment Basis of payment:This work shall be paid for at the contract unit price per square yard for Area Reflective Crack Control Treatment installed in place. The unit price shall include the , cost of furnishing and applying any required bituminous material (prime coat), prime coat aggregate, and any mixture for filling cracks, joints and flange ways. TS-5 Paving Joint Reflective Crack Control Treatment: ' This work shall consist of furnishing all materials, equipment, labor, and performing all operations for the installation of paving joint treatment system similar to or equal to PavePrep or PavePrep SA as manufactured/distributed by CONTECH Construction Products Inc. , The stress relieving membrane material that is furnished may be of the self adhesive type or of the type that requires a separate asphaltic tack coat for adhesion. ' TS-5.1 Area of Application: • , The joint treatment system shall be applied to all transverse and longitudinal control joints, as well as any random cracks that may have developed in portland cement concrete pavements that are to be resurfaced by the application of an asphaltic concrete overlay. TS-5.2 Surface and Joint Preparation: , The surface upon which the system will be placed shall be free of dirt, water, and vegetation. Surface cracks or joints 3/4"wide or less need not be cleaned or filled. Surface cracks or , joints and other distressed areas greater than 3/4" but less than 2"wide shall be cleaned and filled with an approved crack filler or hot-mix asphalt (maximum 3/8" aggregate size) compacted to the existing surface elevation. Cracks or joints and other distressed areas greater than 2" wide shall be cleaned and filled with hot-mix asphalt(maximum 3/8" aggregate , size) compacted to the existing elevation. Cracks and/or joints with vertical elevation differences greater than 1/2" shall be wedged with compacted hot-mix asphalt to level the distressed area. TS-5.3 Application of Joint Treatment Material: The joint material shall be applied in strict adherence to the recommendation of the ' manufacturer of the material chosen to be furnished. During the application of the joint treatment system, a representative of the manufacturer shall be present to provide technical assistance and on-site instruction as to the correct methods of installation. ' TS-5.4 Width of Joint Treatment Material: • FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 ' ' The joint material shall be provided in widths such that the.edge of the material extends a • minimum of 9 inches beyond the joint or crack. The minimum width of material shall be 21 inches. TS-5.5 Asphalt Overlay Over Joint Treatment Material: The minimum compacted depth of asphalt overlay shall be three (3) inches and shall be placed in two lifts. The respective thicknesses of these lifts shall be approved by the engineer. The contractor shall test roll the overlay to establish the rolling pattern that produces the required densities and an acceptable ride quality over the applied joint treatment material. _ i The rolling operation shall be established so that shadows of the joint material do not appear on the surface of the newly applied overlay. TS-5.6 Payment ti Payment shall be based on the unit price per.square yard and shall include the furnishing of all 1I material, equipment, and labor to prepare and clean the surface and joints and installing the ' joint treatment system as recommended by the manufacturer. The contractor shall indicate with the submittal of his bid proposal the product which he proposes to use. 1iTS-6 Depth of Overlay The depth of overlay shall be within_1/4 inch of that specified. The City will try to minimize thickness to achieve maximum utilization of available funds. TS-7 Asphaltic Concrete I TS-7.1 General: This work shall consist of the construction of asphaltic concrete base, and surface course as I shown on the plans and specified herein. TS-7.2 Standard Specifications: All work of this section shall be in accordance with the referenced portions of the latest edition of the"Missouri Standard Specifications for Highway Construction"as published by the Missouri State Highway and Transportation Commission, except as modified here. i TS-7.3 Asphaltic Concrete Base: 'i TS-7.3.1 Subgrade: Subgrade shall be prepared as specified in Sect.TS-2 of the City of Jefferson Standard 'I Technical Specifications. i TS-7.3.2 Materials: Materials shall conform to MoDOT Standard Specifications Sec. 301.2 1999 edition. TS-7.3.3. Mixture: ' The mix shall conform to the requirements of Sec. 301.3 Asphalt cement content shall be in • the range of 3 to 6 percent. FACITY-PROJECTS\32090-2007 Mill and Overlay roject\Contract Documents�s and tec. d March 20,2007 Y 1 P �'P 11 �L Marshal Properties ' Stability 1200 Min. • Flow 8 to 6 ' TS-7.3.3.1 Section 301.3.2 shall be changed to read as follows: Prior to preparing any of the mixture on the project, the Contractor shall obtain, in the ' presence of the Engineer, representative samples of asphaltic cement and mineral aggregates for tests. The samples of material shall be of the size designated by the Engineer and shall be submitted to an approved laboratory for testing. The Contractor shall also submit for the Engineer's approval, a job-mix formula for each mixture to be supplied for the project. No mixture will be accepted for use until the job-mix formula for the project is approved by the Engineer. The job-mix formula shall be within the master range specified for the particular ' type of asphaltic concrete, and shall include the type and sources of all materials,the gradations of the aggregates, the relative quantity of each ingredient, and shall state a definite percentage for each sieve fraction of aggregate and for asphaltic cement. No job-mix formula will be approved which does not permit, within the limits of the master range, the full ' tolerances specified for asphalt cement and for material passing the No. 200 sieve. The job- mix formula approved for each mixture shall be in effect until modified in writing by the Engineer. When satisfactory results or other conditions make it necessary, or should a source t of material be changed, a new job-mix formula may be required. The Engineer may make adjustments in the job-mix formula in order that the mixture meets established criteria of the Marshall mix design.. The maximum time a job-mix will be used will be two(2)construction seasons. ' TS-7.3.3.2 Omit Section 301.3.6, 301.3.7, 301.3:7.1, and 301.4. TS-7.3.3.3 Commercial Mixture: . ' A commercial mix may be used if approved by the Engineer. To request approval of a , commercial mix, the Contractor shall submit to the Engineer the proposed mix proportions, sources of materials, Marshall properties, and a list of projects on which it has been used. TS-7.3.4 Construction Requirements: , TS-7.3.4.1 Weather Limitations: Bituminous mixtures shall not be placed (1)when either the air temperature of the ' temperature of the surface on which the mixture is to be placed is below 40 degrees F. (except that base courses 3 inches or more in thickness may be placed when the air ' temperature is 35 degrees F.) (2) on any wet or frozen surface, or(3) when weather conditions prevent the proper handling or finishing of the mixture. Mixture shall not be placed during inclement weather. ' TS-7.3.4.2 Asphalt Plant: The asphalt plant or plants shall meet the requirements or MoDOT Standard Specifications ' Sec. 301.6 1999 edition. Plant calibration shall be the sole responsibility of the Contractor. TS-7.3.4.3 Preparation of the Mixture: , Preparation of the mixture shall be in accordance with applicable portions of the MoDOT • F\CITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 , ,1 _, • Standard Specifications Se ction 404.6.2.1 through 404.6.31999 edition. ' Transportation of the mixture shall conform to the MoDOT Standard Specifications Sec. 301.8 19.99 edition. An adequate number of trucks to provide constant supply of mix to the laying machine shall be used. The location of the plant shall be close enough to the project that excessive cooling does not occur. The provisions of the MoDOT Standard Specifications 301.9 and 404.6.3 1999 edition shall be met. 1 TS-7.3.4.4 Spreading the Mixture: ' Asphaltic mixtures shall be spread in accordance with MoDOT Standard Specifications Section 301.9, 301.9.1, and 403.17 1999 edition. Allowance shall be made for the slope of the outside edge so that the finished top dimensions match those shown on the plans. The.curb and gutter shall be used as a grade reference for the automatic screed control. . ' TS-7.3.4.5 Compaction: Rolling shall begin as soon as practicable after the spreading. The Contractor shall submit to ' the Engineer the rolling system he proposes to use or the compaction of the mixture. Rollers shall be in good condition, capable of operation without backlash. Steel wheel rollers shall be equipped with scrapers. All rollers shall have a functioning water system for moistening each roller or wheel. Base course shall be compacted to 95%of laboratory density. Surface ' • course shall be compacted to 98%of laboratory density. The Contractor shall verify compliance with compaction requirement by use of an approved non-destructive test method. The test shall be preformed at the beginning of each day's operation to verify rolling patterns. ' If deem necessary by the Engineer,the Contractor shall obtain by approve methods a test sample and deliver to the Engineer cores testing. The Engineer will contract for testing of the sample by an approve independent testing firm. Payment shall be made to the Contractor for ' taking and repairing the sample at the unit bid price set out in the bid. TS-7.4 Asphaltic Concrete: This work shall consist of asphaltic concrete surface course. TS-7.4.1 Materials. ' Material shall conform to the applicable sections of Standard Specifications for Highway "-' PP P 9 Y Construction, Section 401,403-and TS-7.3.3.1.for BP-1.and.BP-2-except-as-modified hereto. TS-7.4.2.2 Aggregate for Asphaltic Concrete: .Shall conform to the applicable sections of the Standard Specifications for Highway ' construction with the additional requirement that supplier shall crush and stockpile 50% of the needed approved aggregates prior to placement of any asphaltic base or pavement. 1j TS-7.4.3 Construction Requirements: • Construction requirements shall be specified in TS-7.3.4 as amended herein. FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 ,I TS-7.4.3.1 Weather Limitations: ' Weather limitations shall be as specified in TS-7.3.4.1 except that no asphaltic concrete shall • be placed when the temperature of the air or the surface on which the asphalt will be placed is ' less than 40 degrees F. TS-7.4.3.2 Spreading: ' Spreading of the mixture shall be in accordance with Sections TS-7.3.4.4 except that automatic screed control shall not be used on the surface source unless directed by the Engineer. TS-7.5 Tack Coat: ' A Tack Coat will be required over all existing pavement to be overlaid and between each lift of the new asphaltic concrete pavement unless the preceding lift has been protected from all dirt and traffic since its placement. ' Tack Coat will be placed after cleaning and preparing of the surface is complete. Application rate will generally be 0.10 to 0.15 gallon per square yard as directed by the Engineer. Tack Coat material shall be RC-70, SS-1, or SS-111 unless otherwise approved by the Engineer. ' There will be no direct payment for tack coat. This work will be considered subsidiary to the asphaltic concrete pavement or base. ' TS-7.6 Measurement and Payment: Measurement will be made for the various type of pavement as per the itemized bid form. • ' Where the existing pavement is+being.overlaid, payment will be for Base Leveling Course per ' ton and for Surface Course per ton. Where all new pavement is to be constructed, payment will be made per square yard of full- depth base and surface course per typical section. ' Payment will include all costs of cleaning existing pavement or previously laid lifts and all costs of tack coat. ' END OF TECHNICAL SPECIFICATIONS ' • FACITY-PROJECTS\32090-2007 Mill and Overlay Project\Contract Documents\sp and tec.wpd March 20,2007 ' Cm [-M cm I= m �ftw Lim Lift ' Exhibit#1 CITY OF JEFFERSON 2007 OVERLAY 8.MILLING PROJECT SCHEDULE OF QUANTITIES F"€'7• -ti.: ••: _. ,,; f -„fit '. f a ir. _ FE x- .���, ta: �' :�k, a�., ;,���,�� ��3ta� �.� •r R L���. E pl R �k R F=� � 1 n9��PPHALTL � STIM �' d0 r• si ' LU IL' * "� S EPT 1.".G 1XISM O �S, as ' 2°r0 ' American Ave. Wildwood Dr. Dead End N 2 27 740 2,220 987 0 0 0 0 6' 2 BP-1 187 Brookwood Ct. Oak Valley.Or. Dead End 31 400, 1,378 0 533 0 0 0 6' 2 BP-1 155 Buchanan St. Hough St. Dead End 27 264 792 352 0 0 0 0 6' 2 BP-1 67 Fairmont Blvd. Chestnut St. Moreau Dr. 25 2,600 7,222 3,467 0 0 0 0 6' 2 BPA 608 Fairmont Ct. Fairmont Blvd Fairmont Blvd 16 450 800 600 0 0 0 0 6' 2 BP-1 67 Fulkerson Main St.W Dead End 24 350 933 467 0 0 0 0 6' 2 SP-1 79 Grant St.N Johnson St.N Dead End 25 375 1,042 500 0 0 0 0 6' 2 BP-1 88 Hillcrest St. Moreau Dr. Fairmont Blvd 24 520 1,387 693 0 0 0 0 6- 2 BP-1 117 Johnson St. Hough St. Dead End 27 220 660 293 0 0 0 0 6' 2 BP-1 56 Landwshr Ln McCarty St.E. St.Louis Rd. 24 670 1,787 893 0 0 0 0 6' 2 BP-1 150 Leandra Ln Iountry Club Dr.S City Limits W. 25 1,600 4,444 0 0 0 0 0 None 2 SP-1 374 Major Dr. Hough Park St. Rosevalley Dr. 28 1,160 3,609 3,609 0 0 0 0 Full Width 2 BP-1 405 Oak Valley Ct. Country Club Dr. Dead End 31 700 2,411 0 833 0 0 0 6' 2 BP-1 271 Oak Valley Dr. Oak Valley Ct. Dead End 31 1,063 3,661 0 1,417 0 0 0 6'. 2 BPA 411 Pierce St. Hough SL Dead End 27 255 765 340 0 0 0 0 6' 2 BP-1 64 Rosevalley Dr. Carol St. Major Dr. 28 520 1,618 1,618 0 0 0 0 Full Width 2 BP-1 182 Stadium Blvd Dogwood Dr. Satinwood Dr.. N 2 36 2,250 9,000 0 9,000 0 0 2,200 Full Width 3 BP-1 1,515 Truman Blvd N Ten Mlle Dr. "Scott Station Rd. N 2 34 4,670 17,642 6,227 0 0 0 0 6' 2 BPA 1,979 Truman Blvd Rt 179 Schumate Chapel N 43 1,450 6,928 1,933 0 0 0 0 6' 2 BP-1 777 Truman Blvd Schumate Chapel N Ten Mlle Dr. N 2 33 1,770 6,490 2,360 0 0 0 0 6' 2 BP-1 728 Truman Blvd Scott Station Rd. Signal N 53 2,630 15,488 3,507 0 0 0 0 6' 2 BP-1 1,738 Wildwood Dr. W Edgewood Missouri Blvd. N 2 33 4,075 14,942 5,433 0 0 0 0 6+ 2 BP-1 1,676 Windrldge Ct. Oak Valley Ct. Dead End 31 450 1,550 0 467 0 0 0 6' 2 BP-1 174 Total 106,768 33,279 12,250 0 0 2,200 11,866