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HomeMy Public PortalAboutORD14192 BILL NO. 2007-3 SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. /`7 /I? AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH J. C. INDUSTRIES, INC. FOR CONSTRUCTION OF THE ANDERSON, BOONVILLE, OAKVIEW, RIDGWAY STORMWATER PROJECT. WHEREAS, J. C. Industries, Inc. has become the apparent lowest and best bidder on the Anderson, Boonville, Oakview, Ridgway Stormwater Project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of J. C. Industries, Inc. 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 J. C. Industries, Inc. for construction of the Anderson, Boonville, Oakview, Ridgway Stormwater 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: 61L' Approv 2D0 7siding Officer Mayor ATT AP VED AS TO FORM: ACi ounselor CONTRACT DOCUMENTS fib All • 49 0 } r CITY►.'ri'vi C�Ti_._���riNilu'r►'' OF • SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. 33063 Anderson,. Boonville, Oakview, and Ridgeway Stormwater .2 043 Jefferson City Department of Community Development March, 2007 1 TABLE OF CONTENTS Advertisement for Bids • Notice to Bidders • Information for Bidders • Bid Form * 1 • Bid Bond * 1 Anti-Collusion Statement • Contractor's Affidavit • Minority Business Enterprise Statement ' Minority Business Utilization Agreement • Affidavit of Compliance with Prevailing Wage Law . Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification ' Construction Contract 1 Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions • Attachments • Addendums ( If Any ) (* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) I ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, April 3, 2007. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work for the project entitled "Project No. 33063, Anderson, Boonville, Oakview, and Ridgeway Stormwater" will include the furnishing of all material, labor, ' and equipment to construct various stormwater improvements with a total of ten inlets and approximately 910 feet of piping with associated construction of curbing, sidewalk, drive approaches, driveways, and grading. A re-bid conference will be held at 10:00 AM, on Tuesday, March 27, 2007 in the P Y Thomas Jefferson Conference Room of City Hall, 320 E, McCarty Street, Jefferson ' City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from ' the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be • obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON ' Terry St h son Purchasing Agent Publication Dates Sunday, March 18, 2007 ' NOTICE TO BIDDERS Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street,Jefferson City, Missouri, until 1:30 PM on Tuesday,April 3,2007. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. The proposed work for the project entitled "Project No. 33063, Anderson, Boonville, Oakview,and Ridgeway Stormwater"will include the furnishing of all material, labor, and equipment to construct various stormwater improvements with a total of ten inlets and approximately 910 feet of piping with associated construction of curbing, sidewalk, drive approaches, driveways, and grading. ' A pre-bid conference will be held at 10:00 AM, on Tuesday, March 27, 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. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from .• the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00) will be required ' for each set of plans and specifications. Individual full size sheets of the plans maybe obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. ' A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein ' to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI 1 Patrick E. Sullivan, PE Director of Community Development i INFORMATION FOR BIDDERS IB-1 SCOPE OF WORK ' The workto be done underthis contract includes the furnishing of all technical personnel,labor, materials,and equipment required to perform the work included in the project entitled"Project. No.33063,Anderson, Boonville,Oakview,and Ridgeway Stormwater"in accordance with the plans and specifications on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and- ' equipment to construct various stormwater improvements with a total of ten inlets and approximately 910 feet of piping with associated construction of curbing,sidewalk,drive approaches, driveways, and grading. ' I13-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK ' The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications,supplemental specifications,'special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. IB-3 INTERPRETATION OF CONTRACT DOCUMENTS ' If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure'to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. IB-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ' ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to ' satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. I13-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material ' or equipment, it is to be understood that any equivalent material or equipment may be used which.will perform adequatelythe duties imposed by the general design,subject to the approval • of the City. ! I13-6 BID SECURITY Each bid must be accompanied b a certified check or bid bond made payable to the City of " ! P Y P Y Y 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 submitted will be rejected as irregular. 1 All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. ! Extensions of quantities and unit prices shall be carried out to the penny. ' I13-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved ' in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides t h at t h e City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the ! Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. ' I13-9 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 riot: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. I IB-10 LUMP SUM ITEMS • Payment for each lump sum item shall be at the lump sum bid for the item complete in Y P P � P 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. ' I13-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and ' marked"Project No. 33063,Anderson, Boonville, Oakview, and Ridgeway Stormwater". 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. 1 IB-13 WITHDRAWAL OF BIDS 1 If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. ' No bids received after the time set for opening for bids will be considered. • IB-14 RIGHT TO REJECT BIDS The City reserves the right to reject any or all bids,to waive any informality in the bids received, ' or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. IB-15 AWARD OF CONTRACT If, within seven (7)7 days after he has received notice of acceptance of his bid, the successful Y P bidder or bidders shall refuse or neglect to come to the office of the Director of Community ' Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance,properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided,-the bidder or bidders shall be ' deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A ' form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing ' licensed to do business in the State of Missouri and acceptable to the City of Jefferson. 1 IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss 9 Y ty of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other ' expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. ' IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW ' The principal contractor and all subcontractors shall pay not less than the prevailing wage • hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 ' through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 GUARANTEE The. Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will.be free from defects for a period of one year ' from the date of final acceptance. in addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of,parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all t replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. • If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of • the work, the Contractor neglects to make, or 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 parry chosen by the ' City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED ' A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for ' completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously.through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of work are to be performed. ' • IB-24 CONTRACT TIME The contract time shall be 40 working days. IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete,should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY ' Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and ' documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the ' bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another • envelope addressed as follows: ' Purchasing Agent • City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 ' For the convenience of bidding this project, a "BID PACKET" has been included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: ' 1) BID FORM 2) BID BOND ' 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT 1 END OF INFORMATION FOR BIDDERS lie • ' BID FORM Name of Bidder J.C. Industries, Inc. ' Address of Bidder PO Box 104567 Jefferson City, MO 65110 To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 ' THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a)the extent and character of the work covered by this Bid; (b)the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of ' existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, ' character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f)the location and extent of necessary ' • or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused;by storm and flood water; (h) local conditions relative to labor, transportation, hauling,and rail delivery facilities;and (i) all other factors and conditions ' affecting or which may be affected by the work. HEREBY.PROPOSED to furnish all required materials, supplies, equipment,tools,-and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided,.plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work ' shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: • !"t:411• ll_ lUIYIIYIIJIU! I T LsCYCLI)!"IYICI`li ".!:1!; f ,4.1 J14!UL/LU'J? I.U> I:) fUb7 r•UUVUJO Page 1 of 2 (::IT`f t7F JEFF I::RS.ON.. Flf;• IIAIIZ I) BIG kiR.m "Revised 4:f21(YT..). -ANDERSON, BOONVILLE., (:rr'�➢C1lIlsU4„:Z3 RIDGEWAY STOR:MWATER. PROJECT NC.330631 ITEM A.PPRO?:, UNiT NO. DESCR6PTIChl UNIT, QUANT17Y PRIC-E: . '. AMOUNT r,.n.Nn>.ryy.�>.wMwrvl.�/VM NWNM.v>wwW�aV'fwNmew�ww•rW..NJ.NtW>uY1:o�r:::s.aumuaaW >iu,Vtwl+r�f•uµ. uw.wv..w�..w iMnww.VW.• • '• -rr.4w.wWMlNiw�ww/i'� WwrNMI 1 1 CONSTRUCTION S+IGNAGE_1 TRAPFK: t: :'NTRI)L L,, I 2 REMOVALS I_., i doo '500c g9. ROCK,EXCAVATION ' C'r 134 4 ( y 4 EARTHWORK. L'S: 5 SU6-GIRADESTABIL04TION Ion SILT DEICE L -: 125 - pp SPRINKLER HEADS a WATER'METEP$ EP. ? DSO _ OO - 5; GAS VALVE E=�� _50 D - __Sod ► 10 `4'x 3'TYPE!, INLET i ,y 2 QD- l'! 4'x 4'TYPE A 'INLET t=f. 1 3000 12 6'x"3'TYPE A INLET 12 6'x 5'TYPE A, ,REc4( WICDIF:E.C: IM,E. _A .I 6 a S-T D�_ 14 4'x4'TYPECI N E_T .+ i ''] ba .._ �?Do !5 6'x 4'TYPE:C INLET 2 I NYLC)PI_A T 33"DRA,IN BASIN NYLOFI_k>7 ;6"f�OIVIEz'�GFa�,'i"E>;3i)�3!3�.:,..:1 Elk, 35b ... ... 1 Ia .. 18 SW JUNCTION SOX 19 CONCRETE`END,SECTION,' V Al.t-SPT`E.IN) EA 20 CHANNEL WORK ON IEXISTIN`S:EHAI%NE:i_ 1_21 1 ��_ _ 1000 21 STdRPrIWAT_R BERM LF' Fl", ' 22 CONCRETE PIPE COLLAR EA. 2 SOU � --- 1gDoc)' , 23 15"DIA.ALGSP LF 48 •�b _ _c� '�3� 24 .24"DIA. A+LCSP LF: .1,50 ~ r . 25 42'"DIA fk C:SP [j: "40 f_..,1...q 4?_�.... • t l orn:JL' UUMMUNI I Y, UEVL-LUPMEdI ;.�'j 'r;;�; hrbf U4/u2/2 JU/ lU: ill vlbi F.UUU/UUU Page 2 of 2 • ITEM APPROX. UNIT IdO. DESCRIPTION UNIT . QUANTITY PRICE A-MOUNT_, 26 15 DIA: RGP't>LASS,111 `i24 � _ _545 20 27 18"DIA.RCP CLASS III . Lf:. 33 .28 18",HDPE Lf: 380 . 29 PIPE ABANDONMENT=:FIL.L. C'f. 5 30 PIPE ABANDONMENIT-CAP PfPE EA ? 31 7"PCC PAVEMENT SY 93 4r 32 '8"PCC STREET PATClH/REPAIR SY 194 33 ASPHALT 1; ".SURF.ACE REP AY IR fan 69 Q 11� L. 9 34 SIDEWALK.4"PCC: SY 1rg ' .35 DRIVEWAY APPROACH 6"PC C 5 4r) 36 DRIVEVJAY 6`PCC SY 4r 41 ' 37 '. .3"THICK.ROLLED STONE BAaE:. V 176 _ :36 CURB AND GUTTERING LF 849 5 ' • 39 'EROSION BLANKET(LONG LIFE) S`% 75 40 'EROSION BLANKET(SHORT,i_IFE Y 118 � ♦GO ' '41 'HYDRO SEEDING A 0.2 42,. ZOYSIA SOD S`( 176 :.43. VINCA-1v11NOR' ULC SY 95 1 TOTAL,BASE BID, .04_/0.3/07 1°. >icnatt 1.6 Bidder Tony Adrian,YMPresident� Daie' 1 { i 1 1 i SUBCONTRACTORS • If the Bidder intends to use any subcontractors in the course of the construction, he ' shall list them.. TIME OF COMPLETION ' The undersigned hereby agrees to complete the project within 40 working clays, 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 tentered into; and this bid is made without connection with any other person, company, or parties making a bid.; and that it is in all respects fair and in good.faith, without collusion or,fraud. The undersigned agrees that the accompanying bid deposit shall become the property • of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty. (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned-will, within ten (10) days after the date of such mailing,telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: Tony _Adrinn, Presidept 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 57 ($ ) Dollars (cashier's check), make payable to the City of Jefferson. 1 • 1 Signature of Bidder: • If an individual, , doing business as If a partnership, , member of firm. by If corporation, J.C. Indust 'es, I by Itle Tony Adrian, President SEAL Business.Address of Bidder PO Box 1(14567 ,TPffPrenn Cit3L, MO 651]C) If Bidder is a corporation, supply the following information: ' State in which incorporated Missouri ' Name and Address of its: President Tony Adrian ' -3208 Route C Jefferson City, MO 65109 Secretary Denise Caley 3208 Route C Jefferson City, M0 ,65109 . ' Date 06/03/07 • BID BOND • B THESE PRESENTS that we the ' KNOW ALL MEN Y , undersigned,_J•C_Industries,-Inc._ --------------------as Principal, and Safeco Insurance Company of America as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of Five Percent of Amount Bid (5%) for the payment of which,*well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, 1 administrators, successors and assigns, this 3rd day of April , 200 7 The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing,for the project entitled: "Project No. 33063,Anderson, Boonville, Oakview,and Ridgeway Stormwater" ' NOW;THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor_ or furnishing materials in connection therewith,shall in all other respects perform the agreement created by the acceptance of said Bid, • then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ' The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way'impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands ' and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. ' J.C. Industri , nc. (L.S.) P ' tp SEAL afTecoyIt�A,surancePd&A�IRVof America Sure Kris Bennett, Attorney-in-Fact • i S /� C SAFECO insurance Company A E F EC O' PO Box 34526 Seattle,WA 98124-1526 ACKNOWLEDGMENT BY SURETY STATE OF Missouri ss. County of Cole I On this 3rd day of April 2007 before me personally appeared Kris L. Bennett known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County,the day and year in this certificate first above iwitten. A Notary Publi m the State of Missouri (Seal) County of sage Ja,IAE i FI ASLA` NOTARY PUBLIC,Nr'T AF-;Y ScAF V h CS.ACE l c—o i!' i v P B��lY"OrJIMt�e�IS r�s�.T IF s 0C i. 9° X78 w I , it 1 I I i 230/SAEF 10/99 ®A registered trademark of SAFECO Corporation FRP i ' POWER SAFECO INSURANCE COMPANY OF AMERICA S A F E C O' OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 5462 ONOW ALL BY THESE PRESENTS: That SAFECO INSURANCE•COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint esees:sKfsesssssR#s*se**LOUIS A.LANDWEHR;KRIS L.BENNETT;CHARLES E.TRABUE;BEV BACKERS;Jefferson City,Missouri*essso******ectessexesx 1 its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and ' attested these presents this I6th day of June 2003 Lz— P C \ ' CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO.INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of.the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed.or affixed or in any other manner reproduced; provided, wever,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, ' (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of.the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." ' I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 3rd day of April 2007 add yy` PEE COMP CORPORATE SEAL y SEAL A x �3 . . of 195 ° 192's AlFOf W ���Gfy�aS �� CHRISTINE MEAD,SECRETARY ' 5-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 06/162003 PDF • IMPORTANT SURETY BOND INFORMATION ' MISSOURI Your Safeco agent is a professional independent Insurance Agent. If you have specific questions about your Surety Bond, you may direct them to your agent. MISSOURI SPECIFIC QUESTIONS ' If you have been unable to contact or obtain information from your agent, you may contact Safeco at the following address and telephone: ' AMERICAN STATES INSURANCE COMPANY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ' FIRST NATIONAL INSURANCE COMPANY OF AMERICA Safeco Center 1191 Second Avenue, Suite 300 • Seattle, WA 98101 Mailing Address: ' P.O. Box 34670 Seattle, WA 98124-1670 ITelephone#206-473-3799 S-3655/SAEF 1/07 FRP 1 1 1 • 1 P' ANTI-COLLUSION STATEMENT • STATE OF Missouri ) COUNTY OF Cole ) I, Tony Adrian being first duly sworn, deposes and says that he is President of TITLE OF PERSON SIGNING J.C. Industries, Inc. NAME OF BIDDER that all statements made and facts set out in the bid for the above jroect are true and p correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any, collusion, or otherwise taken any action In restraint of free competitive bidding In Connection with such bid of any contract which result from its acceptance. ' Affiant further certifies that bidder is not fin n is I a c l y interested i I ancially aff iliated with, any other bidder for the above project. (B ' (BY) Sworn to before me this Std day of April , 200 7 V NOTARY PUBLI AMANDA V.BUSCHJOST Notary Public-Notary Seal STATE OF MISSOURI Cole county Commission#06973272 My commission expires: I My commission Expires: Dec.12,2010 • CONTRACTOR'S AFFIDAVIT • ' This affidavit is hereby made a part of the Bid, and_an executed copy thereof shall accompany each Bid submitted. Missouri STATE STATE OF ) ) ss COUNTY OF Cole ) The undersigned, Tony Adrian , of lawful age, being first duly swom states upon oath that he is President of ' J.C. Industries . Inc. ' the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based • include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated,proposed to be paid to persons w re not required to furnish material or actually perform services upon or as art f the proposed project. ' AFFIANT Subscribed and swom to before me, a Notary Public, in and for the County and State aforesaid, this 3rd day of April , 20o 0 ' NOTARY PUBLI [:7scHJOST us' cH o-Nota SeaIStSy ORI 06973272 My Commission Expires: res: • 1 ! MINORITY BUSINESS ENTERPRISE STATEMENT • Contractors bidding on City contracts shall take the following affirmative steps to assure that small,women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items. 1. Contractor's will submit the names and other-information if any, about their MBE ' sub-contractors along-with their-bid submissions. 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- s contractors when possible on City contracts. 3. Qualified small, women owned, and minority business will be included on ' solicitation lists as sub-contractors for City supplies, services, and construction. 4. Qualified small, women owned, and minority business will be. solicited whenever they are potential sources. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority,business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will. encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. i 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 (2) /o of the contract, if awarded,for Minority Business Enterprise (MBE). For purposes of this goal,the term "Minority Business Enterprise" shall mean.a business: 1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one- ' or more such individuals. "Minority Group Member"or"Minority" means a person who.is a citizen or lawful I ' permanent resident of the United States, and who is: 1. Black (a person having origins in any of the black racial groups of Africa); 2. Hispa ni c (a person of Sp anish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race); 3. Asian American (a person having origins in any of the original peoples of • the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); ' 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); ' 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)]. 6. A female person who requests to be considered as an MBE, and who ' "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors,subcontractors, ' or suppliers. • B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: I' Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation ' Total Bid Amount: Total. ' Percentage of Minority Enterprise Participation: % C. The bidder agrees to certify that the -minority firm(s) engaged to provide ' materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise;and (b)has executed a binding contract to provide specific materials or services for a specific dollar amount. ' A roster of bona fide Minori ty Business Enterprise firms will b e furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of • the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This.written notice is due five days after notification to the lowest bidder. Certification that the- Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE I Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. T N O ORIZED OFFICER DATE 04/03/07 G TURE OF AUTHORIZED OFFICER I AFFIDAVIT COMPLIANCE WITH PREVAILING ' WAGE LAW Before me, the undersigned Notary Public, in and for the County of , ' State of , personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation)(a partnership) (a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 ' through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 13, Section 026, Cole County in carrying out the contract and work in connection with Project No. 33063,Anderson, Boonville, Oakview, and Ridgeway Stormwater located at Jefferson City in Cole County, Missouri, and completed on the day of , 20 ' SIGNATURE ' Subscribed and sworn to me this day of , 20 I NOTARY PUBLIC ' My commission expires: STATE OF MISSOURI ) ss ' COUNTY OF ) • 1 1 • Missouri II , 1 Division of Labor Standards WAGE AND HOUR SECTION 1 F TIf� O + SAL ex ES LI SVMh O� ^�acccxx ' MATT BLUNT, Governor Annual Wage Order No. 13 Section 026 1 COLE COUNTY 1 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 1 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 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of ' State of Missouri. _ I Original Signed by 1 Allen E. Dillingham, Director Division of Labor Standards 1 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 1 1 i1i Building Construction Rates for REPLACEMENT PAGE Section 026 • COLE County -Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker 10/06 $26.44 55 . 60 $13.66 ' Boilermaker 9/06 $28.49 57 7 $18.62 Bricklayers-Stone Mason $25.39 59 1 7 1 $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 III 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 1 $25.32 86 66 $15.40 ' Pipe Fitter 7/06 b $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 USE CARPENTER RATE !I ' • 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 1 $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 1 $25.55 40 23 $11.18 Sprinkler Fitter $15.25 FED $2.37 ' Terrazzo Worker $25.39 59 1 7 $10.12 Tile Setter $25.39 59 7 $10.12 Truck Driver-Teamster Group 1 $20.50 101 5 $7.50 ' Group II 1 $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 ' Welders-Acetylene&Electric Fringe Benefit Percentage is of the Basic Hourly Rate ' Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at(573)751-3403. ' **Annual Incremental Increase • ' 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 13 1/07 ' Building Construction Rates for REPLACEMENT PAGE Section 026 *---±LE County Footnotes ' Effective t3asic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule C � Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction ' rates for remainder of project. For the occupational titles not listed in Heavy Construction Sheets,use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% `b- All work over$3.5 Million Total Mechanical Contract-$31.00,Fringes-$17.93 All work under$3.5 Million Total Mechanical Contract-$29.66,Fringes-$13.83 1 1 • `Annual Incremental Increase ANNUAL WAGE ORDER NO.13 7/06 r COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 %)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.)maybe 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%:) 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 I ' 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'/z)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%)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2) times the regular hourly rate. ' NO. 18: Means the regular work day shall be eight(8)hours. Working hours are from six(6)hours before Noon(12:00)to six (6)hours after Noon(12:00). The regular work week shall be forty(40)hours,beginning between 6:00 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%2). 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 only in the week ' • of the day being lost. Any time before six (6) hours before Noon or six (6)hours after Noon will be paid at time and one-half (1%). NO. 26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 am.,and 5:00 p.m., five(5) days per week,Monday to Friday,inclusive.Hours of work at each jobsite shall be those established by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays,Sundays and before and after the regular working day on Monday to Friday,inclusive,shall be ' classified as overtime,and paid for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day work week at straight time pay for construction work;the regular working day shall consist of ten(10) hours worked consecutively,between 6:00 a.m.and 6:00 p.m.,four(4)days per week,Monday to Thursday,inclusive. Any work performed on Friday,Saturday,Sunday and holidays,and before and after the regular working day on Monday to Thursday where ' a four(4)ten(10)hour day workweek has been established,will be paid at two times(2)the single time rate of pay. The rate of pay for all work performed on holidays shall be at two times(2)the single time rate of pay. • r ANNUAL WAGE ORDER NO.13 AW 11026 OT.doc Page 1 of 5 Pages COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • NO. 28: Means a regular workday shall consist of eight(8) hours between 7:00 a.m. and 5:30 p.m., with at least a thirty (30) minute period to be taken for lunch. Five(5)days a week,Monday through Friday inclusive,shall constitute a work week. The Employer has the option for a workday/workweek of four(4)ten(10)hour days(4-10's)provided: ' The project must be for a minimum of four(4)consecutive days. -Starting time 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'/z)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'/2)hours work. Shift work performed between the hours of 12:30 a.m.and 8:00 a.m.(third shift) shall receive eight(8)hours pay at the regular hourly rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch ' period of thirty(30)minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one.and one-half(1'/�)times the shift hourly rate. NO.40: Means the regular working week shall consist of five(5)consecutive(8)hour days'labor on the job beginning with ' Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular 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(I%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'/z) 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 A W 13 026 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 a.m.or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. NO.60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any work week, hours worked more than eight(8)per day or forty(40)per week shall be paid at time and one-half(1%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'/z) 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'/2)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%2)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'/z)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(1%2). Work performed outside these hours shall be paid at the overtime rate of time and one-half(1%2), 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 a4-10'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. i ANNUAL WAGE ORDER NO. 13 AW 13 026 OT.doc Page 3 of 5 Pages 1 ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION • NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 am.and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Employer may have the option to schedule his work week from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer . ' elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, inclement weather or holiday,he shall have the option to work Friday at the straight time rate of pay to complete his forty(40)hours. If an employee declines to work Friday as a make-up day,he shall not be penalized. All overtime work performed on Monday through Saturday shall be paid at time and one-half(l%Z)of the hourly rate plus an amount equal to one-half(%)of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO.91: Means eight(8)hours shall constitute a day's work commencing at 8:00 a.m.and ending at 4:30 p.m.,allowing one-half (%)hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 a.m.and 9:00 a.m. The regular workweek shall consist of forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4)ten(10)hour days from Monday through Thursday,with Friday as a make-up day. if the make-up day is a holiday,the employee shall be paid at the double(2)time rate. The employees shall be paid time and one-half(1'/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 l0-hour work day,then time and one-half(1'/z) 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(l%Z) 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 am.(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 a.m. The Employer has the option of working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal forty (40) hour work week. When a four(4)ten-hour day work week is in effect,the standard work day shall be consecutive ten (10)hour periods between the-hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday,inclusive. In the event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten(10)hours per day or forty(40) hours per week. Starting time will be designated by the employer. When the five(5)day eight(8)hour 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. • ANNUAL WAGE ORDER NO.13 AW 11026 11T.doc Page 4 of 5 Pages T 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 am. and end at 5:00 p.m. The workweek shall commence at 8:00 am. 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 am. 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(l%z)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'/z)the hourly rate Monday through Friday. If an Employer is working ten(10) 1 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'/z)overtime rate. 1 r. 1 1 1 . 1 1 1 1 • 1 ANNUAL WAGE ORDER NO.13 AW 13 026 OT.doc Page 5 of 5 Pages i 1 COLE COUNTY HOLIDAY SCHEDULE-BUILDING CONSTRUCTION • 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 Monday following. If a holiday falls on a Saturday,it shall be observed on the preceding Friday. NO.8:All work performed on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day,or the days observed in lieu of these holidays,shall be paid at the double time rate of pay. NO.15:All work accomplished on the recognized holidays of New Year's Day,Decoration Day(Memorial Day),Independence ' Day(Fourth of July),Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday,it shall be observed on the preceding Friday. if a holiday falls on a Sunday,it shall be observed on the following Wriday. No work shall be performed on Labor Day,Christmas Day,Decoration Day or Independence Day except to preserve 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 t • 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), ' Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday,Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,shall be paid at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.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 -time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. • ANNUAL WAGE ORDER NO. 13 AW013 026 BHol.doc Page 1 of 1 Pages 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 ICARPENTER Journeymen 5/06 $26.18 7 16 $9.49 ' Millwright - 5/06 $26.18 7 16 $9.49 Pile Driver Worker 5/06 $26.18 7 16 $9.49 OPERATING ENGINEER Group 1 5/06 $23.70 21 5 $15.31 Group II 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 1 Oiler-Driver 5/06 $19.50 21 5 $15.31 LABORER ' eneral 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 j Group IV 5/06 1 $24.54 1 22 1 19 $8.00 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. j • *Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 7/06 I' i ' COLE COUNTY OVERTIME SCHEDULE—HEAVY CONSTRUCTION NO. 2: Means a regular workweek shall be forty(40) hours and will start on Monday and end on Friday. The regular work day shall be either eight(8)or ten (10)hours. If a crew is prevented from working forty(40)hours Monday through Friday,-or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00 a.m. However, the project starting time may be advanced or delayed if required. If workmen are required to work the enumerated holidays or days observed as such or Sundays, they shall receive double(2)the regular rate of pay for such work. NO. 7: Means the regular workweek shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday,ten (10)hours per day. All work over ten ()0) hours in a day or forty(40)hours in a week shall be at the overtime rate of one and one-half (1'/2)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) times the regular rate. Work performed on Sunday shall be paid at two(2)times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double(2) time rate of pay. • NO. 21: Mregular e ans t he 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 Lemployer 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 1 paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. If an 1 Employer is prohibited from working on a holiday, that Employer may work the following Friday or Saturday at the straight time rate. Overtime will be at one and one-half(1'/2)times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, or Sundays, they shall receive double(2)the regular rate of pay for such work. NO.22: Means a regular work week of forty(40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. ' Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. For all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. ' ANNUAL WAGE ORDER NO. 13 AW013 026 HOT.doc Pagel of 1 Pages 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 1 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 followin g Y are recognized days as holidays: New Year's Day, Memorial Day, Fourth of July, g 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 1 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. ' s 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 . i 1 i s 1 AWO13 026 1­114ol.doc ANNUAL WAGE ORDER NO. 13 Pagel of 1 Pages r REPLACEMENT PAGE ' OUTSIDE ELECTRICIAN These rates are to be used for the following counties: Adair,Audrain,Boone,Callaway,Camden,Carter,Chariton,Clark,Cole,Cooper,Crawford,Dent,Franklin, Gasconade,Howard,Howell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Maries,Marion,Miller,Moniteau,. Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Putnam,Ralls,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington COMMERCIAL WORK Occupational Title Basic Total Hourly Fringe Rate Benefits *Jowmeyman 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 rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1%z)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday.Work performed outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. UTILITY WORK ' Occupational Title Basic Total Hourly Fringe Rate Benefits *Joumeyman Lineman $31.36 $4.75+37.3% *Lineman Operator $27.08 $4.75+37.30/(o *Groundman $20.94 $4.75+37.3% 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 rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1%z)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday. Worked performed in the first eight(8)hours on Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 9/06 OUr STL A W 13 in3.dm 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 t2. That was awarded a public works contract for Project No. 33063, Anderson, Boonville, Oakview, and Ridgeway Stormwater. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That has fully complied with the . provisions and requirements of Section 290.290 RSMo (1994 as ' amended) FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT ' Subscribed and sworn to before me this day of , 20 1 NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) ss COUNTY OF ) • I f EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION • ' I, the undersigned, , of lawful age, Il 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. 33063, Anderson, Boonville, Oakview, and Ridgeway Stormwater. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' 4. Although there .is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and ' laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ' since no Missouri laborers or laborers from non-restrictive states are available or capable Lof performing FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT Subscribed and sworn to before me this day of , 20 ' NOTARY PUBLIC My Commission Expires: APPROVED BY: rDirector of Community Development, City of Jefferson, MO 1 CITY OF JEFFERSON CONSTRUCTION CONTRACT I •' ' THIS CONTRACT, made and entered into this r 1 day of ' 2007, by and between J. C. Industries, Inc. hereinafter referred to as "Contra for", 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. 33063, Anderson, Boonville, Oakview, and Ridgeway Stormwater. ' 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 "Anderson, Boonville, Oakview, and Ridgeway Stormwater"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 40 working days from the date Contractor is ordered to proceed,which order shall be issued by the Director of Community Development within ten (10) days after the date of this contract. 1 3. Prevailing_Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for ' work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages forthis project because Contractor ' has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 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 I ' 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 for any one person in a single accident or occurrence, except for those claims governed t by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. ' (e) Subcontracts In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in ' Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under- ' Sub-paragraphs(b)and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations underthis contract,whether such operations be by the insured or by anyone ' directly or indirectly employed.by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless ' the general public liability and property damage policy(or rider attached thereto)of the • general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. ' 5. Contractor's Responsibility for Subcontractors. • It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly ' employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the ' terms herein set forth, insofar as-applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in ' this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Liquidated Damages. The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, ' or any separable part thereof, with such diligence as will insure the completion by the time above specified, or-any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond ' Contractor's control and without fault or negligence on Contractor's part or the part of its agents. ' • 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to Contractor, without prejudice to any other rights or remedies of the City ' should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly ' refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work underthe 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 I of or resulting from the performance of the work, provided that any such claim, damage, • loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property(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 agreesand binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to -this contract. ' Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. ' 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section I, 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. ' • 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work bythe Directorof Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor.dated 04/03/07 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 $164,851.00, One Hundred Sixty Four Thousand Eight Hundred Fifty One Dollars and Zero Cents. 13. Performance and Materialman's Bonds Re uired. 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. Severabilfty. ' 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 I d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy-of Bid • This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section ' entitled "Contract Documents"represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and 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, 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 PO Box 104567, Jefferson City, MO 65110. The date of delivery of any notice shall be the second full day after the day of its ' mailing. j ' IN WITNES WHEREOF, the parties hereto have set their hands and seals this day of , 2007. , .. CITY OF JEFFERSON ..... CONTR MtlTitle: ony Adrian, President ' ATTEST: ATTEST: ,! City ClerlV Title: Denise Caley, Secr ry APPROVE AS TO FORM: City ou se or i • 1 III , Bond#6469833 • PERFORMANCE PAYMENT AND GUARANTEE BOND 1 ' KNOW ALL ' MEN BY THESE PRESENTS, that we, the undersigned J.C. Industries, Inc. ' hereinafter, referred to as "Contractor" and Safeco Insurance Company of America ' a Corporation organized under the laws of the State of ' Washington and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the ' City of Jefferson, Missouri hereinafter referred to as"Owner" One Hundred Sixty-Four Thousand Eight Hundred ' in the penal sum of Fifty-One Dollars and 00/100 DOLLARS ($ lawful money of the United States of America for the ' • payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these ' presents. ' THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the day of ,20 ,entered into a written contractwith the aforesaid Owner ' forfurnishing all materials,equipment,tools,superintendence,labor,and otherfacilities and accessories,for the construction of certain improvements as designated, defined ' and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto ' and made a part hereof: ' NOW THEREFORE,if the said Contractorshall and will,in all particulars,well,duly and faithfully observe, perform and abide by each and every covenant, condition, and part • of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law 1 • ' and other Contract Documents thereto attached or,by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall ' replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, ' materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries ' and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his,their, or ' its subcontractors in performance of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with ' interest as provided by law: ' PROVIDED FURTHER, that the said Surety,for value received, hereby stipulates and • agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying ' the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the ' contract, or to the work, or to the specifications: ' PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the ' construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and ' any penalty provided for by law which the contractor incurs by reason of an act or omission, in any amount not exceeding the amount of this obligation together.with interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in its name, and its corporate f I 11 w Ili • seal to be hereunto affixed b it attorney-in-fact duty authorized thereunto so to do at Y Y Y I ' Jefferson City, Missouri on this the 10th day of April 20 07 Safeco Insurance Company of America J.C. Industries, Inc. ' SURETY COMPANY CONTRA OR ' BY (SEAL) B Ton Adrian, President . ' E BY (SEAL) Attorn -in-fart Kris L. Bennett (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company • certified to include the date of the bond.) 1 1 S A F E C a SAFECO Insurance Company PO Box 34526 ' Seattle,WA 98124-1526 ' ACKNOWLEDGMENT BY SURETY STATE OF Missouri ' County of Cole ss. ' On this 1 0th day of April 2007 before me personally apps Kris L. Bennett known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation ' that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal;at my office in the aforesaid County,the day and ' year in this certificate first above written. ' Notary PublJ4 in the State of Missouri (Seal) County of Osage JANET HASLAG ' NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI OSAGE COUNTY COMMISSION#1 06427065 MY COMMISSION EXPIRES: OCT. 18,2010 t ' II ' S-0230 1SAFE 10/99 ®A registered trademark of SAFECO Corporation FRP S Q F E C O" POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ' ► OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 • No. 6462 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ' *****LOUIS A.LANDWEHR;KRIS L.BENNETT,CHARLES E.TRABUE;BEV BACKERS;Jefferson City,Missouri*********************** ' its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. ' IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of June 1 2003 L- V-� i ` CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, ' •wever,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, ' the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, ' are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation ' this 10th day of April 2007 COMP SEAL qC SEAL T ' a 1953 lazz CHRISTINE MEAD,SECRETARY • S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 06/16/2003 PDF I ' IMPORTANT SURETY BOND INFORMATION I ' MISSOURI Your Safeco agent is a professional independent Insurance Agent. If you have specific questions about your Surety Bond, you may direct them to your agent. MISSOURI SPECIFIC QUESTIONS ' If you have been unable to contact or obtain information from our agent, you Y Y may contact Safeco at the following address and telephone: AMERICAN STATES INSURANCE COMPANY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Safeco Center ' 1191 Second Avenue, Suite 300 Seattle, WA 98101 . ' Mailing Address: P.O. Box 34670 Seattle, WA 98124-1670 Telephone #206-473-3799 1 ' S-3655/SAEF 1/07 FRP ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE(MM/DD/YYYY) UNITE-1 04/10/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Winter-Dent & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 E. McCarty Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ' P.O. Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. J erson City MO 65102-1046 t e: 573-634-2122 Fax:573-636-7500 INSURERS AFFORDING COVERAGE NAIC# ' I D INSURER A: Travelers Indemnity Company United H.R.B. General INSURER B: Travelers Property Casualty Co 25674 Contractors, Inc J.C. Industriees, Inc INSURER C: Builders Assc. Self-Insurers 510001 ' P.O. Box 104444 INSURER D: Jefferson City MO 65110 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING tANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSQ TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY DTC0782BB56A 07/01/06 07/01/07 PREMISES(Ea occurence) $ 300000 CLAIMS MADE FX]OCCUR MED EXP(Any one person) $50 0 0 ' PERSONAL BADVINJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2000000 POLICY PECT RO LOC Em Ben. 1000000 J AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 B X ANY AUTO DT8107828B56A 07/01/06 07/01/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY ' SCHEDULED AUTOS (Per person) $ HIRED AUTOS �p�ry�/�� NON-OWNED AUTOS INSURANCE G�f ICrtG�+ BODILY INJURY $ (Per accident) I ' PROPERTY DAMAGE $ BY: (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO Date: G �� OTHER THAN EA ACC $ AUTO ONLY: AGG $ ' EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $4000000 A X OCCUR EI CLAIMSMADE DTSMCUP782BB56A 07/01/06 07/01/07 AGGREGATE $4000000 $ DEDUCTIBLE $ X RETENTION $10000 $ WC ST 13TR: WORKERS COMPENSATION AND X TORY LIMITS I—TER EMPLOYERS'LIABILITY ' C ANY PROPRIETOR/PARTNER/EXECUTIVE O7WCO782 01/01/07 12/31/07 E.L.EACH ACCIDENT $1000000 OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1000000 Des,describe under ECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER B Install Floater QT6604345B278 07/01/06 07/01/07 Limit 1000000 B Hired E i ment QT6604345B278 07/01/06 07/01/07 Limit-NC 350000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Anderson, Boonville, Oakview & Ridgeway stormwater, Project #33063 t CERTIFICATE HOLDER CANCELLATION ' JEFFE—1 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ' 320 East McCarty REPRESENTATIVES. Jefferson City MO 65101 JAU IZED REP SENf/JfT(VE /, ACORD 25(2001/08) ©ACORD CORPORATION 1988 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 j Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1)with the City Clerk of the City of Jefferson One (1)with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these ' contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous ' article. 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. Generally this will be the "City of Jefferson". 3. "Contractor" or the words "Parry of the Second Part"shall mean the party entering into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation,partnership,or,.individual having a direct ' contract with the Contractor,for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (i.e., the Engineering Division Director). ' i" 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. k 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. i8. "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. i 10. "Plans"or"drawings"shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted-by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all ' drawings submitted by the City to the Contractor during the progress of the work,as provided for herein. 11. Whenever in these contract documents the words"as directed","as required","as permitted","as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. i 12. Similarly the words "approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", ' or words of like effect and import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and Engineer. ' . 13. Whenever any statement is made in these Contract Documents containing the expression"it is understood and agreed"or any expression of the like import,such expression means the mutual understanding and agreement of the Contractor and the City. ' 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission 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, 1 specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any 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 1 construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor,but not specified or required, if adopted or followed by the Contractor in whole or in part,shall ' be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. ' GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any 1 violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City,of all damage loss and expense which may occur to the City by reason of defective materials used,or by reason of defective or improper ' workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. ' If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. ' GP-6 INSURANCE GP-6.1 GENERAL: 1 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. tAll 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. iGP-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. 1 (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: (COVERING OPERATIONS OF SUBCONTRACTORS) ' (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per, occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with$2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE ' The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that ' might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the ' Engineer. i i GP-6.6 EXCLUSIONS The above requirements GP-6.2, 6.3, 6.5 for property damage liability shall contain no exclusion relative • to: I ' (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.T 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 1 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. 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 ' will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance,when in ' warehouses or storage areas, during installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work at completion,less the value of the material and equipment insured under Builder's Risk Insurance. The ' value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses,if any,to be adjusted with and made payable ' to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-furnished equipment is less than$10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools ' owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to ' larceny,theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of-this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected orto be used as a part of the permanent materials,and supplies necessary ' to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY ' The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs,expenses,judgments, or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on ' account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants,acts, matters,or things by this contract undertaken to be done or performed,or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, ' workmen,material men,or suppliers of machinery and parts thereof,equipment,powertools and supplies incurred in the fulfillment of this contract. GP-6.12. NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening,which notice shall forthwith give the details as to the happening,the cause as far as can be ascertained,the estimate of loss or damage done,the names of ' witnesses, if any, and stating the amount of any claim. f • i 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. IGP-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 I and shall give due and adequate notice to those in control of all properties which may be affected by his. operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or ' specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices,that might be involved in the construction or use of the work, shall be included in l 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 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. lie GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules I given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the layout as given by stakes, points, or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full instructions will be furnished by the.Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. ' The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society,organization or association,or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project ' Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. jThe Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative,the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. ' Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City, whenever so ordered by the Engineer,without reference to any previous oversight in observation of work. Any defective material or workmanship maybe rejected bythe 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 tThe 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 to the expiration of one year from the date of final payment. ' The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP47 POWER ' All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP ' The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions ' given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen, and other employees necessary in the construction and execution of the work contemplated and .outlined herein. The employees of the Contractor shall be competent and willing to perform 1 • satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. I 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 I 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 1 detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project, the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS ' All streets, roads,highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment,.shall be provided with similar warrLng signs and lights. ' All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used . for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public I streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and inconvenience to the traveling public. ' All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades,signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and'structures in the vicinity of the work to be done ' hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not 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 1 the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. ' The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement I' 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 tNeither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any ' right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS ' If desired by the City,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK I 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 uantiti s for unit price work or materials t o c onform 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. 1 If the modification or alteration increases the amount of work to be done,and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount ' actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall not ' constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices,the Engineer shall determine on an equitable basis the amount of: ' 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery ' and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. • Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. I� i 1 1 The Owner reserves the right to contract with any person or firm other than the Contractor for any or all • extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: ' (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in-or addition to the work shown by the Plans or reasonably implied 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 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 SIf the work should be stopped under an order of any court, or other public authority,for a period of three ' months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials ' and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES ' All loss or damage arising out of the nature of the work to be done,of from the action of the elements, or from floods or overflows,or from groundwater,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 owncost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City s approval. ' Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. ' GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the.quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory ' manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 DEFENSE OF SUITS ' In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters,or things by this contract undertaken to be done or performed, or for the injury or damage ' caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and ' supplies incurred.in the fulfillment of this contract,the Contractor shall indemnify and-save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER • Any changes or additions to the scope of work shall be through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions ' or events discovered or occurring during the progress of the work. C 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. 1 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 authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. • (c) LUMP SUM ITEMS ' Payment for each lump sum item shall be at the lump sum bid for the item, complete in place,and shall include the costs of all labor, materials, tools, and equipment to construct the item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT rPartial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. ' (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance,the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained ' percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30) days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE ' Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on ' prescribed form attached to the back of these contract documents. GP-41 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof,from all claims and liability to the Contractor for anything done .or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating • to or affecting the work. GP-42 CERTIFICATIONS 1 GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered ' in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. ' GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-43 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service,the purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance ' promised is equal or better and the price quoted is the same or less. GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS ' On purchases in excess of$5,000,the City shall select products manufactured,assembled or produced in the United States, if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. • GP-45 AWARD OF CONTRACT REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this • contract. ' The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom I 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 bythe contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or ' • subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined ' by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND ' MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended),when in fact the contractor or subcontractor has not complied,to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from ' non-restrictive states,absent statutory exceptions,whenever there is a period of excessive unemployment in Missouri,agrees to hold harmless and indemnifythe 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 1 of the contractor or subcontractor's failure to comply. • END OF GENERAL PROVISIONS SPECIAL PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. ' SP-1 PARTIAL ACCEPTANCE OF BID The City reserves the right to accept any part or the entire bid for the project. SP-2 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be held to discuss the project, its scheduling and its coordination with the work-of others. It is expected that this conference will be attended by representatives of the Owner, the Engineer, the Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. ' The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-3 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Section 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section IB-20) Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by ' • each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. 1 SP-4 PROOF OF INSURANCE All certificates of insurance provided for this project shall be insured directly from the company affording coverage. Certification from a local agent in not acceptable without ' the necessary paperwork empowering and authorizing the agent to sign surety's name. In addition, when an aggregate amount is included, a statement of the amount of that aggregate available to date shall also be attached. SP-5 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 2004 version of the ' Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in ' the contract documents. All construction details included with the plans and those contained in the City of ' Jefferson Standard Drawings Revised Edition 1/2006 and attached hereto shall be used in constructing this project. The City's Technical Specifications for use on this project shall be the "CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER, 2000". • These specifications can be found on the City's website at www.ieffcitymo.org and are available upon request from the Department of Community Development. SP-6 PERMITS The City of Jefferson has obtained a General Operating Permit(Permit No. MO- R100031) from the State of Missouri Department of Natural Resources Missouri Clean Water Commission for construction and land disturbance activity, which covers the work entailed in this project. In signing the contract the contractor obligates himself to follow the provisions of the permit. A copy of the permit is available upon request at City Hall, and will be provided to the winning contractor at the pre construction conference. SP-7 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-8 SEQUENCING AND EROSION CONTROL ' The contractor shall sequence the project in a manner acceptable to the engineer that will limit the potential of sediment being transported from the site. SP-9 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. The contractor shall provide for vehicular access to all adjacent properties at the end of each working day. Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-10 CONSTRUCTION_STAKING ' Construction staking for this project will be performed by the City of Jefferson. Staking will be provided in stages including, utility relocation, stormwater and sewer, retaining walls, and sidewalk staking. Any restaking required due to the destruction of the original stakes can be provided to the contractor at the City Standard hourly rate. The.contractor shall provide two working days notice of any staking he wishes to have performed. SP-11 CONSTRUCTION SIGNAGE AND TRAFFIC CONTROL During section 1 construction, contractor may close Ridgeway Dr. for up to 14 calendar days. During section 2 construction, contractor shall maintain at least one travel lane at all times. During section 3 construction, contractor shall maintain at least one travel lane ' at all times. During section 4 construction, contractor may close Boonville Rd:for up to 3 calendar days and Anderson Dr. up to 7 calendar days. On all streets closed to traffic the contractor shall provided the necessary traffic control as specified on page 3 of these plans and in accordance with the MUTCD. The contractor in closing the street shall meet the notification of closure specified in GP— 19 as well as notifying adjacent landowners. The City will provide the contractor with up to two Boonville Rd. placquards at no charge to be displayed with detour signs as specified on page 3 of these plans. The contractor shall provide three working days notice of any ' signs being needed and shall return these signs at the closure of the project. On all streets open to traffic the contractor shall provide the necessary traffic control personnel, such as flagmen, and any signing, warning devices and signs necessary to maintain traffic flow. All work shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. A typical lane closure where 2 travel lanes cannot be maintained has been provided for on page 3 of these plans. SP-12 ROCK REMOVAL No explosives shall be used on this project. Rock shall be removed by mechanical chipping, jack-hammering or other methods approved by the Engineer. SP-13 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to ' construction. The necessary adjustment of utility services such as water; gas, telephone, electric and sanitary sewer, including meters, valves, manholes and other appurtenances not specifically called out on the plans shall be subsidiary to the work. SP-14 SPRINKLER HEADS The contactor shall move lawn sparkler heads that conflict with the proposed sidewalk and/or inlets. All conflicting shall be moved to a new location outside of the proposed improvements and shall be adjusted by the contractor to cover the same lawn area. SP-15 STORMWATER PIPING ' • All the RCP piping shall be Class III concrete. All the ALCSP piping shall be Type 2 Angular Riveted Aluminized Steel. All 18" and 24" ' ALCSP shall minimally be 16 gauge with 12" bands. All 42" ALCSP shall minimally be 12 gauge with 24" bands. 1 All tie-ins to existing structures shall be paid as part of the piping bid unit price. SP-16 STORMWATER STRUCTURES The only precast stormwater structures allowed for this project will be inlet OB (Nyloplast Inlet) and manhole BC (4' Dia). Inlet RA(Type A - Creek Modified Inlet) shall be constructed as a Type A inlet with a modified back. Construction shall conform to all City Standards and Technical Specification for Type A inlets, as well as those details given in these plans (page 6) and the engineer. All exposed surface on said inlet shall be free form honeycomb and ' visually clear of excess concrete. Stormwater berm shall be constructed at a max 3:1 side slope and tie into inlet RA. The low spot of the berm shall exist at said tie in-point with inlet RA. SP-17 TOPSOIL IN AREAS TO BE SEEDED The top six (6) inches of all areas of the project to be vegetated shall be free of rocks, r stones and clods prior to seeding. This may require the contractor to utilize a mechanical • rock rake, hand picking of stones, and/or placement of six (6) inches of clean topsoil in those areas to be vegetated. No direct payment will be made for this requirement. All areas to be vegetated shall be inspected prior to seeding, and any deficiency shall be • corrected prior to the seed application. SP-18 HYDROSEEDING All disturbed areas of the project not paved or scheduled to be covered with straw I blanket'or sod shall be seeded using the hydro seeding method. The seed mixture shall be 80% Millenium Fescue, 10% Pizzazz Rye, and 10% Brooklawn Bluegrass. The seeding rate shall be 350 pounds to the acre. The hydro seeding mixture shall contain Second Nature Paper Fiber Mulch at a rate of 2000 pounds per acre. Additionally the mixture shall contain Finn-Hydromax Additive at a rate of 5 gallons per acre, Finn-HPN Soluble Fertilizer(10-44=6)at a rate-of 7.5 pounds per acre, and EarthGuard Fiber Matrix Erosion Control System at a rate of 4 gallons per acre. Like materials from other Imanufactures may be accepted upon review by the project engineer. The contractor shall use all necessary means to ensure that the hydro seeding mixture is ' not applied to the sidewalk or other existing improvements, and shall clean any such surface to which the mixture is inadvertently applied. SP-20 MEASUREMENT AND PAYMENT Item No. 1 —Construction Signage/Traffic Control This item shall include all labor, material, equipment, and services necessary to provide the signage shown on the traffic control plan (page 3 of 12), and all -barrels, cones, flaggers, and other apparatus needed to meet the requirements of the MUTCD and aforemer+tioned special provision 11. This item dose not included the cost of obtaining the road name signs that accompanies the detour • sign, as they will be provided to the contractor by the City of Jefferson. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 2—Removals This item shall include all labor, material, equipment, and services necessary to ' remove the improvements on the site. The requirements for these removals are contained in the Technical Street Specifications TS-1.2 to TS-1.2.4. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 3— Rock Excavation ' This item shall included all labor, material, equipment, and services necessary for the mechanical removal of rock. Rock is defined as being sandstone, limestone, chert, granite, sillstone, quartzite, slate, occurring in its natural undisturbed state, hard and unweathered or similar material in masses more than 1.5 yard in ' volume; in ledges six inches or more in thickness. The work provided here in will be measured by the cubic yard, and will be paid in a like fashion at the unit price. 1 Item No. 4— Earth Work This item shall include all labor, material, equipment, and services necessary to grade the site to the elevations shown on the plans. This work consists of but is ' not limited to, hauling, placement, compaction, sub grade preparation, and finish grading. It shall also include the necessary placement and grading of topsoil • materials in areas that are to be vegetated. It does not include any excavation, fill, material, or other work associated with modular wall. The work provided ' herein will not be measured for payment, but will be considered a lump sum unit • and will be paid at the lump sum bid price. Item No. 5 —Sub Grade Stabilization This item shall include all labor, material, equipment, and services necessary to ' identify and stabilize unsuitable soil encountered within the project limits. In a case where unsuitable material in found, the contractor, under the direction of the engineer shall furnish and place stone (the size of which will be determined by the engineer based on the conditions)as required to provide a stable sub-grade. Where possible, a portion of the stone shall be mixed with existing soil to create a stable sub grade. This-item shall also include the removal of the unsuitable material and its disposal off-site. The work provided herein will be measured by ' the ton of stone provided based on tickets submitted to the City at the time the work is undertaken, with payment being made by the ton at the bid unit price. ' Item No. 6 — Silt Fence This item shall include all labor, material, equipment, and services necessary for the installation of silt fence as detailed in the City of Jefferson Standard Drawings and in locations as directed by the engineer. This item shall also include the removal and disposal of the fence after the establishment of grass. Measurement will be made by the linear foot of fence installed, and will be paid by the linear foot at bid unit price. Item No. 7 —Sprinkler Heads This item shall include all labor, material, equipment, and services necessary for ' • the adjustment of the existing lawn sprinkler heads, all fittings, piping adjustment, and any other items or work required for their relocation. The adjustment shall meet and follow the industry standards and practices and aforementioned special provision 14. The work provided herein will be measured per each sprinkler head, and will be paid in a like fashion at the bid unit price. ' Item No. 8 —Water Meter/Valve This item shall include all labor, material, equipment, and services necessary for the adjustment of the existing utility meters. The adjustment shall meet and follow the standards set forth by the respective utilities and brought to the proposed grade. The work provided herein will be measured per each meter adjusted, and will be paid in a like fashion at the bid unit price. tItem No. 9 —Gas Meter/Valve This item shall include all labor, material, equipment, and services necessary for the adjustment of the existing utility valve. The adjustment shall meet and follow the standards set forth by the respective utilities and brought to the proposed grade. The work provided herein will be measured per each valve adjusted, and will be paid in a like fashion at the bid unit price. 1 Item No. 10—4' x 3' Type "A" Inlet This item shall include all labor, material, equipment, and services necessary for the construction of a 4' x 4' Type "A" Inlet as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision . 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. • Item No. 11 —4' x 4' Type "A" Inlet This item shall include all labor, material, equipment, and services necessary for the construction of a 4' x 4' Type "A" Inlet as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and ' will be paid in a like fashion at the bid unit price. Item No. 12—6' x 3'Type "A" Inlet ' This item shall include all labor, material, equipment, and services necessary for the construction of a 6' x 3' Type "A" Inlet as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. ' Item No. 13—6' x 5' Type "A" - Creek Modified Inlet This item shall include all labor, material, equipment, and services necessary for the construction of a 6' x 5' Type "A" - Creek Modified Inlet as shown and noted on the plans and detailed in the City of Jefferson Standard Drawings and Technical Specification, in these plans (page 6 of 12), and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. Item No. 14—4' x 4' Type "C" Inlet This item shall include all labor, material, equipment, and services necessary for • the construction of a 4' x 4' Type "C" Inlet as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. Item No. 15—6' x 4' Type "C" Inlet ' This item shall include all labor, material, equipment, and services necessary for the construction of a 6' x 4' Type "C" Inlet as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. Item No. 16— Nyloplast 30" Drain Basin 1 This item shall include all labor, material, equipment, and services necessary for the installation of a Nyloplast 30" Drain Basin (Hancor part 2830AG X or engineer approved equal). The installation shall meet and follow all industry standards and practices of installation and aforementioned special provision 16. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. ' Item No. 17— Nyloplast 30" Domed Grate This item shall include all labor, material, equipment, and services necessary for ' the installation of a Nyloplast 30" Domed Grate (Hancor part 3099CGD or engineer approved equal). The installation shall meet and follow.all industry • standars and practices of installation and aforementioned special provision 16. ' The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the bid unit price. Item No. 18—SW Junction Box ' This item shall include all labor, material, equipment, and services necessary for the construction of a 4' dia manhole as shown on the plans and detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each box constructed, and will be paid in a like fashion at the bid unit price. Item No. 19—Concrete End Section (24" ALCSP Tie in) This item shall include all labor, material, equipment, and services necessary for the construction of a concrete end section as shown and noted on the plans and ' detailed in the City of Jefferson Standard Drawings and aforementioned special provision 16. The work provided herein will be measured per each end section constructed, and will be paid in a like fashion at the bid unit price. Item No. 20— Channel Work on Existing Channel This.item shall included all labor, material, equipment, and services necessary for ' reshaping of the existing channel. This item shall include but is not limited to, grading and bank stabilization: The work provided herein will not be measured for payment, but will be considered a lump sum unit, and will be paid at the lump sum bid price. Item No. 21 — Stormwater Berm This item shall include all labor, material, equipment, and services necessary for ' • the installation of a Stormwater berm as shown and detailed on these plans, and aforementioned special provision 16, and in the City of Jefferson Technical Specification. This item does not include any seeding, as it will be paid under a separate item. The work provided herein will be measured per linear foot of berm, and will be paid in a like fashion at the bid unit price. ' Item No. 22— Concrete Pipe Collar This item shall include all labor, material, equipment, and services necessary for the installation of a Concrete Pipe Collar as shown on the plans. The work ' provided herein will be measured per each collar constructed, and will be paid in a like fashion at the bid unit price. Item No. 23— 15" Dia. ALCSP ' This item shall include all labor, material, equipment, and services necessary for the installation of 15" Dia. ALCSP as shown on the plans, and as specified in the City of Jefferson Standard Drawings and aforementioned special provision 15. ' This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. Item No. 24—24" Dia. ALCSP I This item shall include all labor, material, equipment, and services necessary for the installation of 24" Dia. ALCSP as shown on the plans, and as specified in the • City of Jefferson Standard Drawings and aforementioned special provision 15. 1 This shall include but is not limited to, trenching, bedding, haunching, backfilling, i and surface repair. This item does not include any rock excavation, as it will be • paid under a separate item. The work provided herein will be measured by the ' linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. Item No. 25—42" Dia. ALCSP This item shall include all labor, material, equipment, and services necessary for the installation of 42" Dia. ALCSP as shown on the plans, and as specified in the City of Jefferson Standard Drawings and aforementioned special provision 15. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid under-a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. Item No. 26— 15" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for the installation of 15" Dia. RCP as shown on the plans, and as specified in the City of Jefferson Standard Drawings and aforementioned special provision 15. This shall include but is not limited to, trenching, bedding, haunching, backfilling, ' and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. Item No. 27— 18" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for the installation of 18" Dia..RCP as shown on the plans, and as specified in the 1 • City of Jefferson Standard Drawings and aforementioned special provision 15. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. ' Item No. 28— 18" Dia. HDPE This item shall include all labor, material, equipment, and services necessary for the installation of 18" Dia. HDPE as shown on the plans, and as specified in the ' City of Jefferson Standard Drawings and aforementioned special provision 15. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the bid unit price. Item No. 29— Pipe Abandonment— Fill ' This item shall include all labor, material, equipment, and services necessary for the abandonment of existing piping. This item shall include but is not limited to, grouting, sealing, and surface repair. The work provided herein will be measured ' by the cubic yard of grout injected, and will be paid in a like fashion at the unit price. ' Item No. 30— Pipe Abandonment— Cap This item shall included all labor, material, equipment, and services necessary for • the abandonment of existing pipe by capping it. This item shall include but is not limited to, concrete, sealing, and surface repair. The work provided here in will ' be measured per cap constructed, and will be paid in a like fashion at the unit • price. Item No. 31 — T' PCC Pavement This item shall include all labor, material, equipment, and services necessary for the construction of T' PCC pavement in section 4 of these plans. The 7" PCC pavement shall be installed as detailed in the City of Jefferson Standard Drawings, City of Jefferson Technical Specifications, and according to these plans. This item shall include all dowels, expansions,joints, and joint sealer required. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the bid unit-price. ' Item No. 32—8" PCC Street Patch/Repair This item shall include all labor, material, equipment, and services necessary for the construction of 8" PCC street patch. The 8" PCC street patch and repair shall be installed as detailed in the City of Jefferson Standard Drawings, City of Jefferson Technical Specifications, and according to these plans. This item shall include all dowels, expansions,joints, and joint sealer required. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the bid unit price. Item No. 33— 1.5" AC Surface This item shall include all labor, material, equipment, and services necessary for the placement of asphaltic concrete surface. The pavement shall be placed as shown on plans and shall conform to the City Technical Specifications. Work 1 • provided her in will be measured by the ton, and will be paid in a like fashion at the bid unit price. ' Item No. 34— Sidewalk 4" PCC This item shall include all labor, material, equipment, and services necessary for the construction of a 4" PCC Sidewalk of varying widths. The sidewalk is to be ' installed as detailed in the City of Jefferson Standard Drawings and according to these plans. The work shall include sawing and placement of all joints and placement of expansion as specified or shown on plans. The work provided ' herein will be measured by the square yard of constructed sidewalk, with payment by the square yard at the bid unit price. Item No. 35—Driveway Approach 6" PCC This item shall include all labor, material, equipment, and services necessary for the construction of residential or commercial drive approaches as shown and detailed on the plans and detailed in the City of Jefferson Standard Drawings. This item shall include all dowels, expansion, joints, and joint sealer as required. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the bid unit price. Item No. 36—Driveway 6" PCC This item shall include all labor, material, equipment, and services necessary for the construction of a 6" thick PCC pavement section. The pavement shall be placed as shown and detailed on the plans and detailed in the City of Jefferson • Standard Drawings. This item shall include all dowels, expansion, joints, and joint sealer as required. The work provided herein will be measured by the 1 ' square yard, and will be paid in a like fashion at the bid unit price. Item No. 37— 3" Thick Rolled Stone Base ' This item shall include all labor, material, equipment, and services necessary for the placement and compaction of a 3" lift of stone base. This shall be placed under all driveways and Anderson Drive pavement reconstruction. The work I provided herein will be measured by the square yard, and will be paid in a like fashion at the bid unit price. t Item No. 38— Curb and Gutter This item shall include all labor, material, equipment, and services necessary for the construction of standard type A curb and gutter in accordance with the City of ' .Jefferson Standard Drawings, as well as any street repair up to 6" in width that may be required to produce a smooth straight connection to the existing street The work provided herein will be measured by the linear foot at the flow line of the gutter. Payment will be made by the linear foot at the bid unit price. ' Item No. 3 — Erosion Blanket(Long Life) This item shall include all labor, material, equipment, and services necessary for the installation of a long term erosion control blanket. This blanket shall be North American Green C125 or approved equal. It shall be installed according to the manufactures specifications using the white dot stapling pattern (3.4 staples per ' square yard). This blanket is to be installed in the channel work areas in section 3, as indicated in these plans. This item shall also include all fertilizing and seeding required in the areas it covers. The work provided herein will be ' • measured by the square yard, and will be paid in a like fashion at the bid unit price. ' Item No. 40— Erosion Blanket (Short Life) This item shall include all labor, material, equipment, and services necessary for the installation of a short term erosion control blanket. This blanket shall be North ' American Green S75BN or approved equal. It shall be installed according to the manufactures specifications using the red dot stapling pattern (1.15 staples per square yard). This blanket is to be installed on the berm in section 1 and along the slop between OA and OB in section 2, as indicated in these plans. This item ' shall also include all fertilizing and seeding required in the areas it covers. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the bid unit price. ' Item No. 41 — Hydro Seeding This item shall include all labor, material, equipment, and services necessary for ' the hydro seeding of the areas to be vegetated as described in aforementioned special provision 18. The work provided herein will be measured by the acre, and will be paid in a like fashion at the bid unit price. iItem No. 42—Zoysia Sod This item shall include all labor, material, equipment, and services needed for placement of zoysia sod. The zoysia sod is to be placed in disturbed areas previously having zoysia grass as indicated in the plans. The sod shall be placed • according to the City of Jefferson Technical Specification. Work provided her in ' will be measured by the square yard, and will be paid in a like fashion at the bid ' unit price. • Item No. 43—Vinca-Minor and Mulch This item shall include all labor, material, equipment, and services needed for placement of Vinca-Minor and mulch as indicated in the plans (disturbed areas of ' 614 Boonville Rd.). The Vinca-minor and mulch shall be placed in accordance with industry standards at 1.0' centers and as approved by the City of Jefferson. Work provided here in will be measured by the square yard, and will be paid in a like fashion at the bid unit price. END OF SPECIAL PROVISTIONS 1 1 1 ' From:X COMMUNITY DEVELOPMENT 578 634 6457 03/29/2007 17:07 #088 P.001/004 • Page 1 of 1 ' ADDENDUM NO. 1 PROJECT NO. 33063 COMMUNITY DEVELOPMENT ANDERSON, BOONVILLE, ' OAKVIEW, & RIDGEWAY STORMWATER MARCH 27, 2007 1 1, The bidder will acknowledge receipt of this Addendum and his acceptance of its ' conditions by signing this'Addendum and including it with his bid. J.JC Ind Inc: ' BIDDER: �....'-•...................-•-- BY TITLE: Tony Adrian, President ADENDUM 1. The pre-bid minutes. CITY OF JEFFERSON, MISSOURI ' . PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT • ' 3/29/2007 1 OF / o City of Jefferson ��`' John Landwehr ' . � '° Mayor • Department of Community Development Patrick E.Sullivan, P.E.; Director ' 320 East McCarty Street Phone: (573) 634-6410 Jefferson City, Missouri 65101 25 Fax: (573) 634-6562 ' March 29, 2007 Subject: Anderson, Boonville, Oakview, & Ridgeway Stormwater; Project No. 33063 ' Pre-bid Conference Notes A pre-bid conference was held in the small conference room of City Hall on Tuesday, March 27, 2007 for the above noted project. Those attending the meeting are as listed below: '. NAME REPRESENTING PHONE James Case Case Exc. LLC (573) 634-6190 Ken Kauffman Ken Kauffman & Sons Exc. LLC (573) 893-5159 Luke Hake Muenks Brothers Construction (573) 897-4141 Byrant Gaines Sam Gaines Construction (573) 295-6157 Gary Oldelehr City of Jefferson, Community Dev. (573) 634-6434 David Bange City of Jefferson, Community Dev. (573) 634-6433 Don Fontana City of Jefferson, Community Dev. (573) 634-6452 ' Tia Jenkins City of Jefferson, Community Dev. (573) 634-6538 The meeting proceeded with a general discussion of the planned project and an overview of the specifications. This memorandum summarizes the proceedings of that meeting and the questions received at the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the items that were ' specifically discussed. GENERAL COMMENTS: NOTEABLE DATES: Bid Opening —Tuesday, April 3, 2007, 1:30pm ' Questions Cut Off—Thursday, March 29, 2007 12:00pm Anticipated Notice to Proceed —Monday May 21, 2007 CONTRACT TIME: 40 working days from the Notice to Proceed Date ' LIQUIDATED DAMAGES: $500.00 per calendar day. WAGE ODER: 13 PLAN REVIEW: ' Attention was drawn to each area of the plans. • ALCSP indicates Aluminized Corrugated Steel Piping ' • The City Street Department will do all wedging of asphalt. • Section 1 o Ridgeway Dr. is asphalt however the street cut replacement shall be 8" PCC. ' o Pipe entering existing area inlet RC on the south side will need to be Gaped (Note 13) o Berm ties into existing ridge and shall be at 638.25' in elevation. (low point is 638.0') ' r y of�l of erson ���COMMUNITY DEVELOPMENT Ur "building a better COMMunity" F:\ClTY-PR01!FCTS133063-Anderson. Rocnville,C;_,kOrwti.&Ri,'Jgeva-y S`,c;rni ,;t,ri ent act DocunientslAddendem i Pre-bid Notes.doc o Reinforcing steel in RA will need to be field bent from the back of the inlet wall into the flume ' slab— see bottom of page 6 for detail • Section 2 o The existing pipe exiting to the west of future inlet OA needs to be caped (Note 13) ' o Pipe between OA and OB shall have a concrete collar at the mid point of each section o Yard surrounding OB shall be graded to the inlet. o The City will be checking to make sure trench widths are maintained on HDPE piping. Per ' City Standard specs a 44 inch (3 2/3 foot) trench is required for 18" HDPE (30.01) • Section 3 o Channel exiting system will need to be regarded and channel lining installed per plans. ' o Curb on the North-East side of the street needs to drain to inlet BA o On page 10 an existing water line was left off the plans between BB and BC, however it appears on page 9 between BB and BC. ' o There is a telephone pressurized box between BA & BB. This structure will need support while placing pipe. • Section 4 o There is an additional tree at 615 Boonville Rd. (Mr. Coffey) that needs to be removed as ' part of this project. o Utility Poles surrounding AB shall remain in place during construction; bracing shall be done as needed. ' o A sprinkler head is located off inlet AC. o Pipe exiting AC shall tie into the existing pipe at approximately 47.9' back form AC o All disturbed areas at 614 Boonville Rd. shall be replaced with vinca minor(Periwinkle). ' SPECIAL PROVISIONS REVIEW: The special provisions.section for this project was reviewed, and those present were encouraged to ' • review them carefully. • SP-10 City of Jefferson shall perform all staking, 2 working days notice is required. This does not included property pin replacement location. ' • SP-11 Contractor may close Ridgeway for up to 14 calendar days, Anderson for up to 7 calendar days, and Boonville at Anderson for up to 3 calendar days. Contractor shall maintain at least on lane of traffic at all other times, this includes complete construction of section 3. City of ' Jefferson shall supply up to two (2) Boonville Rd. placquards for detour signs, 3 working days notice is required. • SP-16 OB and BC are the only pre-cast structures allowed. • There are two types of pipe abandonment: note 12 - fill pipe (SP-20—item 29) and note 13 - cap ' pipe (SP-20_item 30) QUESTION/ANSWER :(Received at the pre-bid meeting and those received by telephone, etc. ' prior to 12:00 PM Thursday March 29, 2007) QUESTION: How many property pins will need to be reset? ANSWER: Based on the City Survey and proposed work, pins will need to be reset near structure BC and near the driveway of 615 Anderson Dr., for a total of 2 pins. At contractors request during construction the City Surveyors can mark said property pins. ' QUESTION: How well has the City located utilities? ' City of fe", r s o n COMMUNITY DEVELOPMENT V ' � "t>uifdit�g a better community" ZACITY-PRO.I~.CTS'\33063-,Gr:oe scn.RoorviU,. .<kviei.v. .. '.'ttaE>;T. J ..,,,rr .,,r;r. G$?[ +.r'D c ,ts ��{c.rcnrn, _Pr<:- of S.C1GC Gcun� r AU.., bd N 1 ANSWER: Based on surveys, old plans, utility meetings and meter measurements the City is 1 reasonably confident in sanitary sewer, water, and stormwater location. Though less confident in Gas line locations, exact location of all utilities should be verified in pre- construction utility locates. Please note pre-construction utility locates are required as 1 part of all City contracts (SP-10 Utilities) due to potential deviations in the field. QUESTION: Can the City Survey Crew come out and verify utility elevations prior to construction? ' ANSWER: Yes, assuming utilities are exposed. QUESTION: What are Nyloplast Inlets? How do the connections work? ANSWER: Nyloplast is a PVC plastic structure. When ordering the structures, connections can be ' specified so the structure will come with coupler included, or connection can be added in the field. (either method is acceptable) Note: part numbers & connection angles can be found in the special provisions and on these plans. ' QUESTION: Will the contractor be dealing with resident protest during construction of this project? ANSWER: The City dose not anticipate any resident protest to the project. The City has talked with 1 many residents in this area and they all seam fine with the project. However, please note the owner of 2303 Oakview Dr. does own a dog and the contractor will need to coordinate with him (Mr. Bryan) regarding the chain length fence removable and ' reinstallation. QUESTION: Will the stormwater pipe be under the water line on Ridgeway Dr.? ANSWER: Yes. QUESTION: Will fill be required for berm construction? 1' ANSWER: Yes. • QUESTION: Is seeding and strawing an acceptable alternative to Hydroseeding? ANSWER: No. Sincerely, Tia Jenkins 1 Design Engineer TJ:tj 1 C: Plan Holders Meeting Attendees Project File 1 Writer's File 1 1 City of • of e r s o n I" COMMUNITY DEVELOPMENT 1 1 "bUilding a better Commi.srlity" 7:iCITY-PRGJ=CT"S13,.s0E�:,-ArdP.F50"_Fcx:nv:li::;i`:aY:t'in4'r.a Rf;-;c,r;w% :�:trrn;,1.<rn ';or?tr,3ci'?ocunjenis`Addendem 1 Pt -bid Noic:s.do:. 1 1; ,i;A h f); M/02/20:)i 10:19 '4:89 P-001/003 r r�In:J% COMMUNITY IEVELP«Et f • Page 7 of 1 rADDEiVU M NO. 2 PROJECT NO. 33463 ICC)MNIUMl7Y DEVELOPMENT ' BOQNVILLE', 040W"rdl1 €r=. I,ldtpowayl FMIRlIi1WATER I AiPRIL 2, 2OD7 I 1, The biddeT,will acknowledge receipt cfthis Addendum and his amep:ance of its conditions by signing thi lWde:rldurr and, Including it-with.inis Did.. EIDDEr'7,: J_C. .. _ r..... --- ..........................._............................................... B ............... .......... 1 TITLE: Tony Adrian, President ..............-------------------------------- __ 1`t t• J":Fs='E,R.,3A1; tvll:;Sl:1LJRl PA1' ..Il_:i< E. 5,ULLJVAN. P.E. ' DIRECTOR OF CQUIhr UNIITY D.E;r/E LOPMEWT ' A,DENDUM 1 1. the bid form `teas been -kwrrd to crmiain one quantity,,errors in item. 41 — Hydros.eed. The 412007 ri wised bid form is inCi,,,rded with'.this,doctiment.: The contractor shall use thelturnized Blid Form(Devised 41214Z)forsubmittaI of all, bibs. i • IleAC7Y-PR0jEC,TS\33W-,kNDE RSG)N,BOOK MLLE CIAKVIEA �i RIDGcVVA)'.STORMWATERICOUTFZAC1 fV dl 2,2007 C1QGOh1E1S'S1AD(?cNDE�t 2_C?Tl'CiiANGE CO: rPage 1 of 2 CITY OF JEFFERSON • ITEMIZED BID FORM (Revised 4/2/07) ANDERSON, BOONVILLE, OAKVIEW, &RIDGEWAY STORMWATER PROJECT NO. 33063 ' ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 CONSTRUCTION SIGNAGE/TRAFFIC CONTROL LS 1 r2 REMOVALS LS 1 3 ROCK EXCAVATION CY 134 ' 4 EARTHWORK LS 1 5 SUB-GRADE STABILIZATION Ton 10 6 SILT FENCE LF 125 r7 SPRINKLER HEADS EA 1 8 WATER METERS EA 2 ' 9 GAS VALVE EA 1 10 4' x 3'TYPE A INLET EA 2 ' • 11 4' x 4'TYPE A INLET EA 1 ' 12 6' x 3'TYPE A INLET EA 2 13 6'x 5'TYPE A CREEK MODIFIED INLET EA 1 ' 14 4' x 4'TYPE C INLET EA 1 15 6' x 4'TYPE C INLET EA 2 ' 16 NYLOPLAST 30"DRAIN BASIN (2830AG_X) EA 1 1.7 NYLOPLAST 30" DOMED GRATE (3099CGD) EA 1 r18 SW JUNCTION BOX EA 1 19 CONCRETE END SECTION (24"ALCSP TIE IN) EA 1 ' 20 CHANNEL WORK ON EXISTING CHANNEL LS 1 ' 21 STORMWATER BERM LF 87 ' 22 CONCRETE PIPE COLLAR EA 2 r 23 15" DIA. ALCSP LF 48 24 24" DIA, ALCSP T LF 150 • 25 42" DIA. ALCSP LF 140 r r ' Page 2 of 2 ' ITEM APPROX. UNIT • NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ' 26 15" DIA. RCP CLASS III LF 124 27 18" DIA, RCP CLASS III LF 33 28 18" HDPE LF 380 29 PIPE ABANDONMENT- FILL CY 5 ' 30 PIPE ABANDONMENT-CAP PIPE EA 2 31 7" PCC PAVEMENT SY 93 32 8" PCC STREET PATCH/ REPAIR SY 194 i33 ASPHALT 1.5"SURFACE REPAIR Ton 69 34 SIDEWALK 4" PCC SY 158 35 DRIVEWAY APPROACH 6" PCC SY 40 36 DRIVEWAY 6" PCC SY 45 ' 37 3"THICK ROLLED STONE BASE SY 176 ' 38 CURB AND GUTTERING LF 849 39 EROSION BLANKET(LONG LIFE) SY 75 ' 40 EROSION BLANKET(SHORT LIFE) SY 118 41 HYDRO SEEDING AC 0.2 ' 42 ZOYSIA SOD SY 170 43 VINCA-MINOR& MULCH SY 95 TOTAL BASE BID Signature of Bidder Date 1 • i FINANCE DEPARTMENT PURCHASING DIVISION I SUBJECT: Bid No. 2334 - Anderson, Boonville, Oakview, & Ridgeway Stormwater Project No. 33063 - Community Dev. Opened April 3, 2007 BIDS RECEIVED: JC Industries, Jefferson City, MO $ 164,851.00 Case Excavating, Jefferson City, MO $ 167,937.90 Aplex, Inc., Linn, MO $ 170,135.00 Concrete Engineering, Jefferson City, MO $ 189,992.00 Buscher Backhoe &Landscaping,LLC, Freeburg, MO $ 199,996.50 Sam Gaines Construction,New Bloomfield, MO $ 211,377.00 Lehman Construction, California, MO $ 224,886.00 Muenks Bros. Construction, Loose Creek, MO $ 220,842.89 Weeco, Inc., Boonville,MO $ 923,093.00 FISCAL NOTE: 3502-9900-7350-3007 - Misc. Stormwater • FY2006-3007 Budget $285,033.00 Bid 2334 $164,851.00 Balance $120,182.00 PAST PERFORMANCE: The City has awarded projects to JC Industries in the past. They have completed work as specified and bid. RECOMMENDATION: Staff recommends award to the lowest and best bidder, JC Industries of Jefferson City, Missouri in the amount of$164,851.00. ATTACHMENTS - SUPPORTING DOCUMENTATION Signatures `VSO' .,✓ P chas g gent Director, Comm rty elopment •