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HomeMy Public PortalAboutORD14120 • BiLL NO. 2006-88 SPONSORED BY COUNCILMAN Ferguson ORDINANCE NO. M 1;�'D AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INTERCLEAN EQUIPMENT, INC. FOR THE VEHICLE WASH FACILITY SYSTEMS RENOVATION PROJECT. WHEREAS, InterClean Equipment, Inc.has become the apparent lowest and best bidder on the Vehicle Wash Facility Systems Renovation project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: $ cttiion 1. The bid.of InterClean Equipment, 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 InterClean Equipment, Inc.for the Vehlcle Wash Facility Systems Renovation 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:_ / �, �0lv Approved: X/00 2CM(1 Pre siding Officer �/ Mayor AT ST: APP ED AST FORM: Guys/ �l,' tly Cie& City trounselor • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid No. 2292 - Project 63014,Vehicle Wash Facility Systems Renovation Engineering Division, Opened August 24, 2006 BIDS RECEIVED: Base w/Alternate A Interclean Equipment, Inc., Ypsilanti,MI $ 107,112.00 Rieskamp Equipment Co. Indianapolis, IN $ 128,387.00 Double check Co., Inc., Kansas City, MO $ 148,575.00 Four additional bidders were sent the RFB but did not respond FISCAL NOTE: 6300.6300-7000-0020 Purchase of Equipment-Transit 2005-06 Budget $ 140,000.00 Expended 2,555.00 • Bid 2292 $ 107,112.00 Balance $ 30,333.00 PAST PERFORMANCE: The City has worked with this vendor in the past. Staff believes that this bidder will provide and install'the equipment as specified and bid. 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The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work forthe project entitled"Project No.63014,Vehicle Wash Facility Systems Renovation" will include the furnishing of all material, labor, and equipment to renovate the existing City vehicle wash facility with new washing equipment, water pumps, detergent metering system, water softener system, water heater and holding tank, control switches, over spray shields, and vending software. ' A pro-bid conference will be held at 10:00 AM, on Tuesday, August 8, 2006 In the Thomas Jefferson Conference Room of City Hall, 320 E, McCarty Street, Jefferson ' City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required forbidding purposes may be obtained from N the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Fifteen Dollars ($16.00) 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 1 Terry Stephenson ' Purchasing Agent '• Publication Date Sunday, July 30, 2006 1 1 '• NOTICE TO BIDDERS ' Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East ' McCarty Street, Jefferson City, Missouri, until 1:30 PM on Tuesday,August 15, 2006. 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.63014,Vehicle Wash Facility Systems Renovation"will include the furnishing of all material, labor, and equipment to renovate the existing City vehicle wash facility with new washing equipment, water pumps, detergent metering system, water softener system, water heater and holding tank, control switches, over spray shields, and vending software. ' A pre-bid conference will be held at 10:00 AM, on Tuesday, August 8, 2006 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 Fifteen Dollars ($15.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. ' A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI ' Patrick E. Sullivan, PE Director of Community Development ,• INFORMATION FOR BIDDERS ' I13-1 SCOPE OF WORK The work to be done 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. 63014,Vehicle Wash Facility Systems Renovation" 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 renovate the existing City vehicle wash facility with new washing equipment, water pumps, detergent metering system, water softener system, water heater and holding tank, control switches, over spray shields, and vending software. IB-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. I8-3 INTERPRETATION OF CONTRACT DOCUMENTS M If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request In writing, at least five (5) days prior to the date fixed for the bid ' opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda Issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the Interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the Intent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to ' reject any bid Ii the evidence submitted by the bidder or investigation of such bidder falls 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. IS-6 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material ' or equipment, it is to be understood that any equivalent material or equipment may be used • which will perform adequately the duties imposed by the general design,subject to the approval of the City. '• IB-6 BID SECURITY ' Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City ' as liquidated damages for such failure or refusal, the security deposited with his bid. IB-7 PREPARATION OF BIDS ' Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as Irregular. ' All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them Informal and may be considered cause for their rejection. ' Extensions of quantities and unit prices shall be carried out to the penny. I8-6 PRICES The price submitted for each item of the work shall include all costs of whatever nature Involved Nin Its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the ' purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 ' from an Individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption ' and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those Items shall include the cost of such taxes. IB-8 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the ' quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item ' and calculate his unit price bid for each Item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best Information available, are approximate only. Payment of the Contract will be based on actual number of units Installed on the complete work. 1 ,• 18-10 LUMP SUM ITEMS ' Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall Include the costs of all labor, materials, tools and equipment to construct the Item as described herein and to the limits shown on the Plans. I8-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 63014, Vehicle Wash Facility Systems Renovation". 18-12 ALTERNATE BIDS In making the award, If alternate bids have been requested, the alternate bid which will be in the best Interest of the City will be used. IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. NI8-14 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. I8-16 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance,properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be 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°/x) 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 '• I13-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other ' expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. ' The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. ' I8-18 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 M The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 ' through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) ' IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished ' under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. ' Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by ' the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all ' replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. '• If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the ' necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage,repairs or adjustments may be made by the City or a third party chosen by the ' City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the ' Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of work are to be performed. NIB-24 CONTRACT TIME ' The contract time shall be 80 calendar 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 mall, the sealed envelope containing the bid must be enclosed in another • envelope addressed as follows: 1 ' Purchasing Agent • City of Jefferson, MO 1• 320 E. McCarty Street Jefferson City, MO 65101 1 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 1) BID FORM 2) BID BOND 1 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT 1 The contractor shall also submit on his own forms the information specified In Section 11140 Vehicle Wash System Item#1.01 A 4 a+ 1 , 1 END OF INFORMATION FOR BIDDERS N 1 1 1 1 1 1� 1 1 ,• BID FORM Name of ' Bidder INTERCLEAN EQUIPMENT, INC. Address of Bidder, 3939 BESTECH DRIVE, YPSILANTI, MI 48197 ' 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 N 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 (1)all otherfactors and conditions affecting or which may be affected by the work. ' HEREBY PROPOSED to furnish all required materials, supplies, equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed ' contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the ' quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands thatthe estimated quantities herein given are not ' guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that Increases or decreases may be made over or underthe 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: ' Page 1 of 1 '• CITY OF JEFFERSON ITEMIZED BID FORM VEHICLE WASH SYSTEM PROJECT NO,63014 ' ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Complete Vehicle Wash System LS 1 111,252.00 111,252.00 2 Wash Bay Trench Drain System LS -1 N/A N/A 3 Heavy Duty Steel Guide Rails LS -1 —3,120.00 —3,120.00 ' 4 Polyethylene Detergent Tank LS -1 —1,440.00 —1,440.00 5 Polyethylene Rinse Tank LS -1 —1,440.00 —1,440.00 ' 6 Connectivity to Gasboy Vending System LS -1 1 N/A N/A TOTAL BASE BID 105,252.00 ' ALTERNATE A-Detail Washer 7 Detail Pressure Washer LS 1 1,860.00 1,860.00 TOTAL ALTERNATE A 1,860.00 ALTERNATE B-Brush Module 8 &•Brush Module LS 1 N/A SEE NOTE BELOWbw: •. TOTAL ALTERNATE B 1 •. ___'i °y -- �� 8/11/06 Signature of Bidder Date ' 734-975-1646 Fax Number of Bidder **NOTE: DUE TO THE SPACE LIMITATION BRUSH MODULE NOT POSSIBLE TO INSTALL 1 1 ,• SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. ELECTRICAL CONTRACTOR ' PLUMBING CONTRACTOR TIME OF COMPLETION The undersigned hereby agrees to complete the project within30 calendar days, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and In good faith, without collusion or fraud. N 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 fumish 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: ' 3939 BESTECH DRIVE, YPSILANTI, MICHIGAN 48197 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 59. OF THE BID AMOUNT Dollars (cashier's check), make payable to the City of Jefferson. Signature of Bidder: If an Individual, doing business as If a partnership, member of firm. by If corporation, ' by MIA LAMMINEN Title PRESIDENT ' SEAL 1 Business Address of Bidder 3939 BESTECH DRIVE, YPSILANTI, MI 48197 If Bidder is a corporation, supply the following Information: ' State in which Incorporated MICHIGAN Name and Address of its: President MIA LAMMINEN, 12 WESTBURY CT. ANN ARBOR, MI 48105 Secretary PASI KAIPAINEN, 3982 THORNWOOD CT. ANN ARBOR, MI 48105 Date AUGUST 11, 2006 1 • ,i ,• BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, In_t_e_rclea_n__Eguipmeat S4.«3nc.._________as Principal, ' and Travelers Casualty & surety Co. as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as ownor, in the penal sum of twi nf k1A ao ,mot for the payment of which, well and ' truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this 10th day of August 2006 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. 63014, Vehicle Wash Facility Systems Renovation" ' 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 mai@61si 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 Suretyforany and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. ' The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and Its bond shall be in no way Impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such extension. ' IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and yearfirst set forth above. Mia La inen Principal BY: / SEAL Vickii a. scurti Surety By; Travelers Casualty & Surrty rn 1 ' TILIVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 • ' POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT ' KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, ' County of Hartford, State of Connecticut, (hereinafter the "Companies") Imth made, constituted and appointed, and do by these presents make,constitute and appoint: Daniel L,West,Vickli B. Scurti,Linda M Hutcheraft,Phillip Lyon,Russell S. Clark,of Sterling Heights, Michigan, their true and lawful Aftorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instmment(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind We Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Compmdes,and all the acts of said Atiorney(s)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of tie following Standing Resolutions of said Companies, which Resolutions arc now in full force and effect: 1 VOTED: That the Chairman,the Presidml,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attomeys in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chaimum, the President,any,Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of rile Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED; That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or Conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice Presidmit,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and scaled with We Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if ' required)by one or more Attomeys-in•Fact and Agents pursuant to the power prescribed in his or her certificate or their ccrtificntes of authority or by one or more Company officers pursuant to a written delegation of authority. M Power of Attarney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed)under and by ' authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon time Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon We Company in the future with respect to any bond or undertaking to which it is attached. f ' (02-05)thdimhad ' IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Mee President and their corporate seals to be hereto affixed this 17th day of June,2005. • STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA )SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARWORD ••���� J'or�ir�NO�`� c►e h �•• lO� ~ ffai S By l � C0N"' 8 • yr George W.Thompson / �'++ ��`� •• Senior Vice President On this 17th day of June, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly swom,did depose and say: that he/abe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMIZIUCA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY-COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument am such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. 1 My commission expires June 30,2000 Notary Public Marie C.Tetresult CERTIFICATE 1, the undersigned, Senior Mee President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, ' TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of• the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in f dl force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors,as set forth in the Certificate of Authority,are now in fora. Signed and Sealed at the Home Office of the Company,In the City of Hartford, State of Connecticut. Dated this 10th day of August ,20 06 • ,MMMry �µtr epa. c c �y t�+ �� �� • A� BY Nicholas Seminara 1 Senior Vice President ,• ANTI-COLLUSION STATEMENT ' STATE OF MICHIGAN ) ' COUNTY OF WASHTENAW ) ' MIA LAMMINEN being first duly swom, deposes and says that he is PRESIDENT of TITLE OF PERSON SIGNING INTERCLEAN EQUIPMENT, INC. NAME OF BIDDER ' that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid)has not,either directly or indirectly,entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. ' (BY) ' Sworn to before me this H_day of 01 - 4 200 ._ 1 w NOTARY PUBLIC My commission expires: V 1 I(ur1 s ,• CONTRACTOR'S AFFIDAVIT ' This affidavit Is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. I STATE OF MICHIGAN WASHTENAW )'ss COUNTY OF 1 The undersigned, MIA LAMMINEN of lawful age, being first duly sworn states upon oath that he is ' PRESIDENT of INTERCLEAN EQUIPMENT, 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 who are not required to furnish material or actually perform services upon or as a part of the proposed project. AFFIANT 1 Subscribed and sworn to beforQ me, a Notary Public, in and for the County and State ' aforesaid, this�day of t 1 - 20 _. ' NOTARY PUBLIC �� • My Commission Expires:l� '. 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- 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. 5. When economically feasible, Contractors will divide total requirements Into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation. 6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses. 7. Contractor will use the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise, and the Community Services Administration. 8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works. 1 1 MINORITY BUSINESS UTILIZATION AGREEMENT A. The bidder agrees to attempt to expend at least 44 hundredths (0.44) % 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 byone or more such individuals. "Minority Group Member"or"Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: ' 1. Black(a person having origins in any of the black racial groups of Africa); ' 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America,orthe 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. r '• B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation INTERCLEAN EQUIPMENT, SUPPLIER 1002 Total Bid Amount: 105,252.00 Total: 105,252.00 Percentage of Minority Enterprise Participation: 100 % ' C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority ' Business Enterprise;and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be fumished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. ' MIA LAMMINEN NAME OF AUTHORIZED OFFICER ' DATE Am /o6 SIGNATURE OF AUTROATZED-OFFICER 1 '• 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. 63014, Vehicle Wash Facility Systems Renovation located at Jefferson City in Cole County, Missouri, and completed on the day of , 20_.. SIGNATURE ' Subscribed and swom to me this day of 20_. ' NOTARY PUBLIC ' My commission expires: STATE OF MISSOURI ) ss COUNTY OF ) �! Missouri Division of Labor Standards WAGE AND I TOUR SI.;CTION ' F TFIF S N y o O N obi O O J y ' MATT BLUNT. Governor ! Annual wage Order No. 13 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order bas been tiled with the Secretary of Slate 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, 11.0. Box 599. Jefferson City. MO 65102.0599. Such objections must set forth in writing the specific grounds of objection. finch 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 file Secretary of ' Stateol'Missouri, ' Original Signed by Allen 1 . Dillingham, Director Division of Labor Standards This Is A True And Accurate Copy Wit ich Was filed Willi The Secretary ol'Sunc: March 10,2006 Last Date Objections May Be I'iled: Anril 10,2006 Prepared by Missouri Department of Labor and Industrial Relations 1 ,• Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County ' -Effective Basic Over- OCCUPATIONAL TITLE Data of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' Asbestos Worker $26.44 55 60 $12.76 Boilermaker $28.19 57 7 $17.42 Bricklayers-Stone Mason $25.39 59 7 $10.12 Carpenter $21.13 60 15 $9.58 ' Cement Mason $20.99 9 3 $9.31 Electrician Inside Wireman $26.32 28 7 $10.50+ 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE ' Elevator Constructor a $35.815 26 54 $14.554 Operating Engineer Group 1 5/06 $24.62 86 66 $15.40 Group II 5106 $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 $25.32 86 66 $15.40 ' Pipe Fitter 7/06 b 1 $31.001 91 1 69 $17.93 Glazier 1 $15.001 FED 1 $1.42 Laborer(Building): ' General $17.87 i 110 7 $8.43 FirstSoml-Skilled $19.87 110 7 $8.43 Second Semi-Skilled $18.871 110 1 7 $8.43 Lather USE CARPENTER RATE Linoleum Layer&Culler USE CARPENTER RATE Marble Mason $25.39 59 7 $10.12 Millwright $22.13 60 15 $9.58 Iron Worker $22.85 11 8 $14.64 ' Painter $20.05 18 7 $6.92 Plasterer $20.01 94 5 $9.10 Plumber $21.50 FED $3.20 Pile Driver $22.13 60 15 $9.58 Roofer 1 $24.75 12 4 $8.99 Sheet Metal Worker 7/06 $25.55 1 40 1 23 $11.18 Sprinkler Filler $15.25 FED $2.37 ' Terrazzo Worker $25.39 59 7 $10.12 Tile Setter $25.39 59 7 $10.12 Truck Driver-Teamster Group 1 $20.50 101 5 $7.50 ' Group II $21.20 101 6 $7.50 Group III $20.90 101 5 $7.60 Group IV $21.20 101 5 $7.50 ' Traffic Control Service Driver Welders-Acol lane&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 7106 i ' Building Construction Rates for REPLACEMENT PAGE Section 026 • COLE County Footnotes ' OCCUPATIONAL TITLE Dale of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule •Welders receive rate prescribed for the occupational title performing operation to which welding Is Incidental. Use Building Construction Rates on Buildings)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-$29.88,Fringes-$13.83 *Annual Incremental Increase ANNUAL WAGE ORDER NO.13 7100 COLE COUNTY OVEIITIME SCHEDULE BUILDING CONSTRUCTION FED: Minimum requirentent per Fair Labor Standards Act means lime nmd one-half(I 'h)shall be paid for all work in excess of forty(40)hours per%York week. NO.9: Mean file regular workday starting time of 8:00 a.m.(and resulting quitting tittle of 4:30 pat.)may be moved forward to 6:00 a.m. or delayed one hour to 9:00 a.m. All work perforated in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/,) times the regular pay, lu the event little is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday al straight time. All work accomplished oil Sunday and ' holidays shall be compensated for al double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight(8)hours shall constitute a day's work,with the starting tittle to be established betveen 6:00 man,and 8:00 a.m.from Monday to Friday. Time and one-half(i'h)shall be paid for first tro(2)hours of overhne 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 tittle an Sunday and recognized holidays or rile days observed in lieu of these holidays. NO. 12: Means the work neck shall continence on Monday at 12:01 n.m, and shall continue through the following Friday, Inclusive ofcach week. All work perforated by employees nnynhcre in excess of roily(40)hours in one(1)work week,shall be paid ror at the rate crone and one-half(I%,)times the regular hourly wage settle. All work performed within the regular working hours which shay)consist of a Ica(10)hour work day except in emergency situations, Overtime work and Saturday work shall be paid at one and one-half(I%)times the regular hourly rate, work on recognized holidays and Sundays shall be paid at two(2) times the regular hourly rate. ' NO. i8: Means the rcgulnr work day shall be eight(8)hours. working hours are front six(6)hours before Noon(12:00)to six (6)hours alter Noon(12:00). The regular work week shall be foxy(40l 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 al little and one-Imlf(I%). Sunday and Iolidays shall be paid at double(2)time. Saturday can be n make-up day irthe weather has forced it day off,but only in The week of the day being lost. Any time before six (6) hours before Noon or six(6)hours after Noon will be paid at Time and one-half (I VA). ' NO. It Means Ilia,lie regular working day shall consist orcight(8)Imurs wo,led between 6:00 ..nt..and 5:00 p.m., five(5) days per week,Monday to Friday,inclusive.i lours of work aT each jobsite shall be those established by the general contractor and worked by the majority of trades. ('file above working hours may be changed by mutual agreement). work perfomtcd 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 tit double(2)lie rate of single time. The employer any establish hours worked on a jobsite for a four(4)to)(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.laid 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 m Thursday where n four(4)ten(10)hour day workweek has been established,will be paid a two times(2)the single time rule of pay. The rate of pay for all work perfomtcd on holidays shall beat two times(2)the single lime rate airplay. I ANNUAL WAGE,ORDER NO, 13 AW 13 0260'I'.doc Page I of 5''ages 1 COLE.COl1N'1'1'O1'ER'1'1Nili SCIIEI)111,h: • RIMMING CONS'IR(ICTION NO. 28: Means a regular workday shall consist of eight(8) hours bcnsccn 7:00 ndn. and 5:30 p.nn„ with tit lead a thirty (30) minute period to be taken for lunch. Five(5)days a wcck, Monday through Friday inclusive,shall constitute a work week. The Employer has the option torn workday/workweek of four(4)Icn(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 mast begin on either it Monday or Tuesday: If a holiday fills within that wcck it shall be a consecutive ' work day. (Allcmatc: If a holiday falls in the middle o1'a week, then lite regular eight (8) hour schedule may be implemented). -Any time worked in excess of tiny ten(10)hour work day(in a 4-10 hour work week)shall be at the appropriate Overrate rate. ' All work Outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-balr(I%m)tbncs the employee's regular rate of pay. All work perfomted from 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double(2)lite simighl time hourly rate orpay. Should employees work in excess of twelve(12) consecutive hours they shall be paid double time(2\)fur all time after iwclvc(12)hours, Shill work performed between tine hours of 4:30 p.m.and 12:30 a.m,(second shill)shall receive eight(8)hours pay at the regular hourly rate orpay plus Icn(10%) percent for seven and one-half(7'/,)hours work. Shill work perl'onned between the hours of 12:30 a.m,and 8:00 n.m.(third shill) shall receive cighl(8)hours tiny at the regular hourly rate orpay plus liftcen 115%)percent for seven(7)hours work. A lunch period ofthirty(30)minutes shall be allowed on each shill. All overtinne work required after the completion ofa regular shift shall be paid at one and one-half(1'/:)times the shill hourly rate. ' NO.40: Mcans the regular working week sblall consist or five(5)consecutive(8)hour days'labor on the job beginning with Monday and ending with Friday ofcach week. Four(4) l0-hour days may constitute the regular work week. The regular working day shall consist of eight(8)hours labor on lite job beginning as early as 7:00 a.m.and ending as Inge as 5:30 p.m. All full or pan time labor perfomted 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 Cite regular working week shall be paid for at time and one-baif(1'/:)lite 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)limes the regular ' hourly rate. In the event of rain,snow,cold or exccssivcly windy weather on a regular working day,Saturday may be designated as n"make-up"day. Saturday may also lac designated as it"make-up"day, for an employee who tins missed a day of work for personal or other reasons. Pay for"make-up"days shall be al regular rites. NO.55: Means lute regular work day shall he eight(8)hours bcmeen 6:00 a.m,and 4:30 p.m. The first two(2)hours of work perfomted In excess of the eight (8)hour work day, Monday through Friday,and the first ten (10) hours of work on Saturday, shall be paid at one&one-half(1'h)limes the straight time rate. All work performed on Sunday,observed holidays and in excess often(10)hours a day,Monday through Saturday,shall be paid at double(2)Ile straight time rate. tNO.57: Means eight(8)hours per day shall constitute it day's work and foray(40)hours per week,Monday Ihrough 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. 11 being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday ofelghl(8)(tours,Monday through Friday,all time worked on Saturday,shall be paid at Um rate of time and one-half(1'/,) except bra cases where work is pan of an employee's regular Friday shill. All little ' worked on Sunday and recognized holidays shall be paid al the double(2)Ion a rate ofpay. ANNUAL WACF.ORDER NO. 13 ' AW130260'I'.doc Page 2 a1'5 Pages ' COLF COUNTY MFR'THE SCHEDULE • RIIILDING CONSTRUCTION NO.59: Mcnns that except as herein provided,eight(8)hours it(lay shall constitute a standard work(fay,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 ortinne and one-half I I Si). All tittle worked on Sunday and holidays shall be classified as overtime and paid at the rate of double(2)lime. The Employer has the option of working either live(5)eight hour days or four ' (4) ten hour days to constitute it normal Ibny (40) hour work week. When the frmr(4) ten-hour work week is ht ctl'ect. the standard work(lay 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 n weeks work,Monday through Thursday.inclusive. In the event thcjob is down for any reason beyond the ' Employer's control,then Friday and/or Satuday may,at the option of the limployer,be worked as a make-up day;straight tittle 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 date 1101 to exceed ' eight(8)hours or forty(40)hours per week. The regular starting time(mid resulting quilling lime)may be movcd to 6:00 a.111,or delayed to 9:00 a.m. Make-up(lays shall not be utilized for days lost due 11)holidays. NO.60: Mcnns the Employer shall have the option orworking live 8-hour days or ibur 10-lour days Monday through Friday. If ' an Employer elects to work five 8-hour days during any work week,lams worked more than eight(8)per day or forty(40) per week shall be paid at lime unit rate-hnlrom the hourly wage rate plus fringe benclils 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(min or mud),Saturday or any part thereof stay be worked as n make-up day at the straight time rate. It is agreed by the panics that the make-up day is not to be used to make up time lost due to recognized holidays. Iron Employer elects to work four 10-hour days,between the hours of 6:30 n.m. and 6:30 pun,in any week,work performed more than ten(10) hours per day or forty (40) hours per week shall be paid at lime and one half(I'/i) the hourly wngc rate plus fringe bencfrls ' Monday through Friday. If an Employer is working 10-hour days and loses n day duc to inclement weather,the Employer may work icn(10)hours on I'riday at stnighn lima Friday must be scheduled for an more dial ten(10)hours at the straight lints rule, but all hours worked over the forty(4O)hours Monday through Friday will be paid td tine and one-half(I'h)the hourly wage rate plus fringe benefits. All Millwright work perfumed in excess orthe regular work day and on Saturday shall be compensated for at lime and one-half (I%a)the regular Millwright hourly wage rule plus fringe benclils. The regular work day starting of 8:00 n.m. (and resulting quilting lime of 4:30 p.m.) may be moved 1'orvord to 6:00 a.m. or delayed one (I) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays,shall be compensated for nl double ' (2) the regular hourly rate of wages plus fringe benefits. NO'T'E: All overtime is continued 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.,will,one hair ' hour for lunch between Buse and one-half(3'/1)and live(5)hours oiler starting time. The starting time may be advanced by two (2)hours or delayed one(1)hour by the employer front the regular starting tine. All work perfumed before lae advanced staring time and during the hair hour hunch shall be paid m the oveninte m[c ol'thnc and one-hair(I''h). Work perforated outside these hours shall be paid at the overtime rate of lime and one-half(I'h),except as provided otherwise below, All work performed on ' Sundays or recognized holidays shall be paid 01 the double (2) [lane n[e. When the sum tine is delayed past 9:00 n.nn., the employee's pay shall start at 9:00 a.m.and all time,oiler the normal quilting lime(5:30 p.m.),shall be paid nl the overtime note. Eight (8) hours shall constitute the work day. All work perlimncd prior to or afler the regular eight (8) hour work day, as described above,and nil work performed on Saturday shall be paid at time and one-hnlf(I%)the regular rate. In the event than a scheduled eight (8) hour work day is missed(not including recognized holidays) because of inclement weather,then thin 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 suns number of hours during the regular work week. In is filniter recognizc(I Ihnt any work a(ler forty(40)hours must be paid at time and one-half'(11/2). 'flue employer ntuy csnnblisin o 4-10's schedule on projects(4 days with 10 hours per day at straight Bate). In order to use the 4.10's schedule, the employer must schedule the 4.10's [bra mhdnnrm of one(I)week. I f using a 4.10's schedule,a Friday make-up Joy is ollowed. 1 ANNUAL WAGE' ORDER NO. 13 ' Aw 13026 OTdoc Page 3ol'3 Pages 1 ' COLE COUNfI'MUCHNIF.SCIIEDUIX • BUILDING CONSTRUCTION NO.86: Means the regular work week shall consist of live(5)days.Monday through Friday,beginning at 8:00 a.m.and ending at 4:30 p,m. The regular work tiny beginning time may be advanced one or two hours or delayed by one hour. I lowever, the Employer may have the option to schedule his work week from Monday Through Thursday at tcn(10)hours per day at the straight time rate of pay with all hours in excess of ten(10)(tours In any one day to be tut 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 tine straight tittle rate of pay to complete his forty(4O)hours. If an employee declines to work Friday as n make-up day,he shall not be penalized.All overtime work performed on Monday through Saturday shall be paid at lime rand one-half(1 m of the hourly rate plus an aumunt equal to mne-half('h)of the hourly Total Indicated Fringe Dencrits. All work perfomned on Sundays and recognized holidays shall be paid at double(2) the hourly rate plus nn 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 pen„allowing one-half (%)hour for lunch. The option exists for the Employer to use it flexible starting little between the hors 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'I'hursday,%w hit Friday as n make-up day. If the nutkc-up day is a holiday,the employee shall be paid at the double(2)time rate. "fine employees shall be paid time and one-half(I'h)for work performed before the regular starting time or a0cr the regular quilting time or over eight(8)hours per work day (unless working a I0-hour work day,then time and one-half(1'h) is paid for work perforined over ten(10)hours a day)or over forty(40)hours per work week. ' Work perfonnel on Saturdays,Sundays tind recognized holidays shall be paid at the double 12)Ifmc rate of pay. NO.94: Means eight(8)hours shall constitute n dnys work between the hours of8:00 a.m.and 5:00 p.m. The regular workday starting time of 8:00 a.m.(and resulting quitting tinne of 4;30 p.m.)may be moved forward to 6;00 a.m.or delayed one(I)hour to ' 9:00 a.m. All work performed in excess of the regulnr work tiny and on Saturday shall be compensated at one and one-half(I%) times the regular pay. In the event time is lost during Ilse work week due to weather conditions,tine Employer may schedule work on the following Saturday at straight tine. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Mcans that except its provided below,eight(8)hours a day shalt constitute a standard work day,and forty(40)hours per week shall constitute a week's work,which shall begin on Monday aid end on Friday. All time worked outside of the standard work ' day and on Snturdny shall be classified as overti...c and paid the rate of time and one-half(1%:)(except as herein provided). Ail time worked on Sunday anti recognized holidays shall he classified as overtime tad paid at the rate of double (2) little. The regular starting tinic of 8;00 u.m.(and resulting quiufng lime of 4:3U p.nn.)may le moved forward to 6;00 n.nr.or delayed ore(1)(tour to 9:00 a.m. The Employer has the option of working either live(5)eight-hour days or four(4)ten-hour days to constitute a momml ' forty(40)hour work week. When n four(4)len-hour day work week Is in effect,the sinndard work day shall be consecutive tell (10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute it week's work Monday through Thursday,inclusive. In the event the job is down for tiny reason leyond the Employer's control,Then Friday and/or Saturday may,at the option of the Employer,be worked its a make-up day:straight time not to exceed ten(10)hours per day or foray(40) hours per week. Starting time will be designated by the employer. When the live(5)day eight(8)hour work week Is in effect,forty (40)hours per week shall constitute it 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 holfdnys. 1 ANNUAL WAGE.ORDER NO. 13 ' AW 13 e-260'I'.doc Page of rages COLS COUNTY OVERTIME SCIIEOULE • BUILDING CONSTRUCTION ' NO, 110: Atcatis eight(8)(ours between(lie 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 teach period of thirty(30)minutes. The Employer may provide a lunch period of one(I) hour,and In ilia(event,die workday shall commence at 8:00 a.m,and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end al 4:30 p.m.an Friday(or 5:00 p.m.on Friday if the Employer grants n ' lunch period of one(1)hour),or as adjusted by starting time change as stated above. All work performed before 8:00 n,m.and ngcr 4:30 p.m.(or 5:00 p.m.where one(1)hour hunch is granted for lunch)or as adjusted by starting time change as stated nbove or on Saturday,except its herein provided,shall he compensated of one and one-half(I%,)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 orp:ty for the work perrormed, Iran Employer is prevented front working forty(40)hours,Monday through Friday,or tiny Pori thereof by reason of inclement weather(rain and nuud),Saturday or any par thereof nay be worked as a make-up day at the straight time rate. The Employer shall have the option of working rive eight(8)hour days or four ten(10)hour days Monday ' through Friday. If an Employer elects to work rive(5)eight(8)hour days during any work week,hours worked more that eight (8)per day or forty (40)hours per week shall be paid at time and one-half(I%,)the hourly rate Monday through Friday, Iran 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-hnif t 11h)the hourly rate Monday through Friday. If an Employer Is working len(10) hour days and loses a day due to Inclement weadicr, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than len(10)hours at the straight time rate,but all hours worked over the forty (40)hours Monday through Friday will be paid tit time and omc-Imlf(11h)overtime rate. 1 1 1 ANNUAL WAGE 011DER NO. 13 A W I3 026 0 T.dax ache 5 or 5 racer. 1 COLE COUNTY • HOLIDAY SCHEDULE- BUILDING CONSTRUCTION ' NO.3:All work done on New Years Day,Decoration Dry,July 41h,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day shall I)c paid al Ilse doubic brie rate of pay. Whenever any such holidays fall on n Sunday,the following Monday shall be observed as it holiday. NO.4:All work done on New Ycnrs Day,Mcnnorial Day,Independence Day,Lnbor Day,Thanksgiving and Christmas Day shall be paid at the double tittle rule of pay. I f any onlic above holidays full on Sunday,Monday will be observed as the recognized holiday. I f any of the above holidays fall on Saturday,Friday%%ill be observed as the recognized holiday. ' NO.5: All work that shall be done on New)'cars Day, Memorial Day.Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,and Christmas Day shall be paid at the doubic('_)tittle rule olpay. ' NO,1:All work done on New)'cars Day,IIcn(trial Day,Indepcndcncc Day,Labor Day,Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double little rate ol'pay. If a holiday trolls on it Sunday,it shall Ire observed on the Monday following, Ira holiday falls on it Saturday,it shall be observed on the preceding Friday. N0.8:All work performed on New Years Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day,or the days observed in lieu of these holidays,shell be paid at tire double little 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 rule of wages plus fringe bencrits. Ira holiday rolls on Saturday,it shall be observed on the preceding Friday. if holiday fills on n Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmmns Day,Dccor Lion Day or Independence Day except to preserve ' life or property. NO.23:All work done on New Years Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, N Christmas Day rand Sundays shall be recognized holidays and shnll be paid at the double tittle rule of pay. When it holiday fills on Sunday,the following Monday shall be considered a holiday. NO.54:All work performed oil New Years Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving ' Day,the Friday nfcr 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 n holiday fills on Sunday,it shall be observed on Monday. NO.60: All work perfrrr ied oat New Year's Day,Armistice Day(Veteran's Day),Decoration Day(Memorinl Day), ' Independence Day(Fourth of July).'rhanksgiving Day and Christmas Day shall be paid at the double time rate of ply. No work shall be performed on Labor Day except when triple(3)little is paid. When it holiday fills 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 nttd the follow Ing recognized holidays,or the days observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Vctemn's Day,'fhanksgiving Dry tied Christmas Day,shall be paid at double (2)the hourly rate plus all amount cqunl to the hourly Total Indicated Fringe Benefits. NIheaevcr tiny such holidays fall on n ' Sunday,the following Monday shill be observed as a holiday. NO,69: All work performed on New Year's Day,Decoration Day,Judy I7-ourth,Labor Day,Veteran's Day.Thanksgiving Day or Christmas Day shall be compensated at doubic(2)Ihcir stralght•lime hour)),rate or pay. Friday nOcr Thmnksgivhng 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 •line rate of pay. If a Ito]Way fulls on it Sunday In it particular year,the holiday will be observed on the following Monday. 1 1 ANNUAL WAGE ORDER NO. 13 A�V013 U26IS1In1 dnc I'agc 1 or l Pn6Ls ,• Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE Count *Effective Basic Over- OCCUPATIONAL TITLE Dale of Hourly Time Holiday Total Fringe Benefits ' Increase Rates Schedule Schedule CARPENTER Journeymen 5/06 $26.18 7 16 $9.49 Millwright 5/06 $26.18 7 16 $9.49 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 Oiler-Driver 5/06 $19.50 21 5 $15.31 ' LABORER General Laborer 5/06 $22.52 2 4 $8.13 Skilled Laborer 5106 $23.12 2 4 $8.13 TRUCK DRIVER-TEAMSTER Group 1 5/06 $24.27 22 19 $8.00 Group 11 5/06 $24.43 22 19 $8.00 Group III 6/06 $24.42 22 19 $8.00 Group IV 5/06 $24.54 22 19 $8.00 i For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. -Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 7106 1 ' COLE COUNTY • OVERTIME SCHEDULE,—IIEAVV CONSTRUCTION ' NO. 2: Means a regular workweek shall be forty(40) hours and will start on Monday and end on Friduy. 'I'hc regular work clay shall be either eight (8)or ten (10) hours. 11'a crew is prevented I}om working forty (40) hours Monday through Friday,or any part thereof; by reason ' of inclement weather. Saturday or any part thereohnay 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 shill 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 i1' 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 ofpay I'or such work. NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday. tell (10) hours per day. All work over ten ' (10)hours fn it day or forty(40) hours in it week shall be at the overtime rate ol'one and one-half (I%2) times the regular hourly rate. The regular work day shall be either eight (8) or ten (10) hours, 11'a,job can't work forty(40) hours Monday through Friday because of inclement weather ' or other conditions beyond the control of the lmployer. 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 (illvorking 5-8's). Make-up days shall not be utilized f'or days lost I'rotn holidays. ' Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(1'/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 Ndouble(2) time rate ol'pay. NO.21: Means the regular workday I'or which employees shall be compensated at straight time hourly rate ofpay shall, unless otherwise provided lirr, 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 oflhe Employer. At the discretion ohlic Employer. when working a live (5)day eight (8) hour schedule, Saturday may be used for a make-up day. Van Employer is prohibited from working on it holiday, that employer may work the following Saturday at the straight time rate. However, the Employer may have the option to schedule his work from Monday through Thursday al ten (10) hours per t day at the straight lime rate of pay with all hours in excess of ten (10) hours in any one day to be paid at the applicable overtime rate. II'thc 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. Iran Employer is prohibited from working on it holiday, that Employer may work the following Friday or Saturday at the straight lime rate. Overtime will be at one and onc-half(I'/2) times the regular rate. 114orkmen are required to work file 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 firrty(40) hours Will start on Monday and end on Friday. ' The regular work day shall be either eight (8)or tell (10) hours. If it crew is prevented from working forty (40) hours Monday through Friday, or any part Ihercol'by reason ol'incicntenl weather, Sulurday or any part thereof mny be worked as it make-up day at the straight lime 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 its such, double(2) time shall be paid. ANNUAL WAGE ORDER NO. IJ A\I'OU O:G IIOT.Jnc I'agc I of I I'aga 1 COLE COUN'T'Y • HOLIDAY SCHEDULE—HEAVY CONSTRUCTION NO. 4: All work perforned 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 its holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. Ifa holiday falls on a Sunday, it shall be observed on the ' following Monday. Ifa 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 fulls during the normal work week, Monday through Friday, it shall be ' counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such,or Sundays, they shall receive double(2) the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week.The len (10)hours shall be applied to the ' forty (40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day. 'fbanksgiving Day and Christmas Day. Ifa holiday fills on Sunday, it shall be observed on the following Monday. Ifa holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of,icopardy to work under construction.This rule is applied to ' protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the Ibrty(40) hour week: however, no reimbursement for this eight(8) hours is to be paid to the worker unless worked. Ifworkers are required to work the above recognized holidays or Ndays observed as such, they shall receive double (2)the regular rate of pay for such work. NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Ifa 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. I f worknnen 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. Aw00026IIIIol.doc ANNUAL WAGE ORDER `O. 13 vase I of I I, ages '• OUTSIDE ELECTRICIAN ' These rates are to be used for the following counties: Adair,Audmin,Bootie,Callaway,Camden.Curler,Chariton.Clark.Cole,Cooper,Crawford,[)cut,Franklin, Gasconade,I toward,I lowell,Ian,Jefferson,Knox,Lewis,Lincoln,Linn,tiIacon,Modes,Marlon,Miller,Monitcab Monroe,Montgomery,Morgan,Oregon,Osage.Ferry,['helps,Pike.Pulaski,Futuna,Rolls,Randolph,Reynolds, Ripley,St.Charles,SL Francois,St.Louis City,S(.Louis County,Ste.Genevieve,Schuyler,Scotland,Situation,Shelby, Sullivan,'rexns,Warren,and Washington ' COMMERCIAL WORK OccuriltionniTitic Basic Total ' i lourl ' Fringe Rate Benclits ' Journeyman Linehan $30.30 $4.75 +41.3% Lineman O cralor $27.04 $4.75 +41.3% Groundrnan $21,22 $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.nt.Forty (40)hours within live(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 91h and I Ott hour.Monday through Friday,shall be paid at time and one-linif(I%)the regular straight Iimc rate of pay. Contractor has the option to pay two 121 hours per day at(lie tittle&still one-half(I'h)the regular straight tittle rate of pay between the hours of 6:00 a.m.and 5:30 p,m„Monday through Friday.Work perforated outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at N the rate of double(2)time. 11OLIDAV RATE:All work perforated tin New Ycar's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christians Day,or days celebrated as such,shall be paid at the double lime rate of pay. When one of the foregoing holidays fails on Sunday,it shall he celebrated on the Ibllowing Monday. UTILITY WORK ' Occupational Title Basic Total I lourly Fringe Rate Benefits Joume yman Lineman $30.30 $4.75+37.3% ' Lineman Operator $26.16 $4.75 +37.3% Groundtnan $20.23 $4.75 +37.3% OVER'11111E 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 with rive(5)days,Monday through Friday Inclusive,shall constitute the work week.Work perforated in the 9th and I Olb hour,Monday through Friday,shall be paid at time and one•half(I'/:)the regular straight Ilene rate of pay. Contractor has the option to pay lrwo(2)hours per day at the lime and one-half(I%,)the regular straight tittle rate of pay b I%vccn the hours of 6:00 a.iii,and 5:301i.nt„Monday through l7riday. Worked performed lathe first tight(8)hours on Saturday shall be paid at the rate ofane and eight tenths(1.8)the regular straight time rate, Work perfornad 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)tittle. ' HOLIDAY RATE-Ali work perforated on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated its such,shall be paid at the double linic rate of pay. When one of the foregoing holidays fills on Sunday,it shall[x celebrated on file following Monday. ANNUAL WAGE:ORDER NO, 13 )nx, ' ormsir.AavAr W AIS Document Retrieval Page 1 of 6 ' GENERAL DECISION: M020030007 04/28/2006 M07 �te: April 28, 2006 �' General Decision Number: M020030007 04/28/2006 . Superseded General Decision Number: M0020007 ' State: Missouri Construction Type: Building '. County: Cole in Missouri. •, BUILDING CONSTRUCTION PROJECTS (Does not include single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 1 04/02/2004 2 04/16/2004 3 11/19/2004 4 12/03/2004 5 12/10/2004 6 12/31/2004 7 01/28/2005 8 03/11/2005 9 04/01/2005 10 04/08/2005 11 04/15/2005 12 05/1312005 13 06/10/2005 14 09/23/2005 15 11/04/2005 16 11125/2005 17 01/13/2006 ' 18 03/03/2006 19 03/17/2006 20 03/31/2006 21 04/28/2006 ' ASS 90001-002 10/01/2005 •' Rates Fringes Asbestos Worker/Heat and Frost Insulator ' Includes application of all insulating materials, protective coverings, ' coatings and finishes to all types of mechanical systems. Also the application of firestopping material for wall openings and penetrations in walls, floors, ceilings and curtain walls. . . . . . . . . . . . . . .$ 29.64 12.76 '. http://frwebgate.access.gpo.gov/cgi-bin/geldoe.egi?dbname=Davis-Bacon&doeid=MO20030007 7/25/2006 WA1S Documcnt Retrieval Page 2 of BRM00011-004 03/01/2006 Rates Fringes • ' Bricklayer, Stonemason_. . . . . . . .$-25.39 70 ------------------------ --------- ------------------ -- --------- CARP0005-008 03/01/1996 ' Rates Fringes Carpenter (Including Drywall Hanging, Acoustical Ceiling Installation and Batt Insulation) . . . . . . . . . . . . . . . . . . . .$ 15.68 3.72 ----------------------------------------- ---------------------- ., * BLECO257-006 03/01/2006 Rates Fringes Electrician. . . . . . . . . . . . . . . . . . . .$ 26.32 13.852 ENGI0513-008 05/01/2004 Rates Fringes ' Power equipment operators: Blade Operators. . . . . . . . . . . . .$ 23.37 13.80 Dozer Operators. . . . . . . . . . . . .$ 23.37 13.80 Loader Operators. . . . . . . . . . . .$ 23.37 13.80 ----Trackhoe Operators. ._i . . . . . .$-23-37 --13.80-- IRON0396-010 08/03/2005 ' Rates Fringes Ironworker, reinforcing and ' structural. . . . . . . . . . . . . . . . . . . . .$ 22.85------------14.26-^ LAB00424-001 03/01/2006 Rates Fringes Laborers: GROUP1. . . . . . . . . . . . „ • . . • • . $ 17.87 8.43 GROUP 2. . .$ 19.87 8.43 GROUP3. . . . . . . . . . . . . . . . . . . . .$ 18.87 B.43 ' LABORERS CLASSIFICATIONS GROUP 1 - General laborers; flagmen; heaters; material plant ' man; carpenter tender; landscaper; signalman; wrecker (old/new structures) ; form handler; porthole digger; clearing of all debris for all crafts; loading & unloading, conveying, distributing, collecting & hoisting of const. material & debris; backfilling, grading & landscaping; covering of tanks, structures & material piles with tar-paulins or other materials; handling & cleaning of concrete chutes; cleaning of concrete spills chipping where hand tools are required; cleaning of masonry & other type walls & windows; signal & hoisting concrete buckets; http://frwcbgate.access.gpo.gov/cgi-bin/betdoe.cgi?(Ibname=Davis-Bacon&doeid=MO20030007 7/25/2006 ' WAIS Document Retrieval Page 3 of rodman; all tools run by gas, electricity or air except vibrator, jackhammer & paving breaker; air compressors; • motor buggies; pumps, except setup men & nozzle men; unloading & handling steel; chipping tool operator; ' concrete mixer operator (up to & incl. 2- bag capacity) . GROUP 2 - Brick masons, plasterer tenders and mortarmen; scaffold builders for brick and plasterer; forklifts; concrete pumps set-up man& nozzlemen; bottom men, sewers and rains; cutting torch and burning bar; pier holes 21 or over; wagon drill; air track or any mechanical drill; powder man; tamper,100 lbs.or over; laborers working for mechanical & electric contractors (including but not limited to digging of all trenches, ditches, holes, paving of concrete & cleaning of all trash) ; paving breaker; jackhammer & vibrator; laser beam man for sewer; grade checker for roads & railroads; Hod carriers; Plasterer Tenders.Front end steer loaders; water blasters over 3000 psi. GROUP 3: Asbestos removal and/ or disposal; hazardous waste removal-and/or-disposal. PAIN 0 PAIN0002-007 02/01/2006----------------------------------------- ' Rates Fringes Painters: Bridges, Dams, Locks or Powerhouses. . . . . . . . . . . . . . . . .$ 22.05 6.92 Brush and Roll; Taping, Paperhanging. . . . . . . . . . . . . . . .$ 20.05 6.92 ' Sandblasting; Epoxy or Any Two Part Coating; Stage or other Aerial Work - Platforms over 50 feet ' high; Lead Abatement. . . . . . . .$ 21.05 6.92 Spray; Structural Steel (over 50 feet) . . . . . . . . . . . . . .$ 20.55 6.92 ' Tapers Using Ames or -----Comparable-Tools_____.______$ 20.30-------------6.92 PAPA' ---'-- ------- PLUM0562-002 01/01/2005 ' Rates Fringes Pipefitter (Including HVAC work) Projects $3.5 million and over. . . . . . . . . . .$ 30.25 15.83 ' -Projects under $3.5 million.$ 28.91 -----------12.33-PAPA-- ------P----------------------------------- PLUM0562-003 01/01/2005 Rates Fringes Plumbers and Pipefitters FRANKLIN, JEFFERSON, ST. CHARLES AND WARREN COUNTIES; ST. LOUIS (City ' littp;//frwcbgate.access.gpo.gov/cgi-bin/gctdoc.cgi?dbna;nc=Davis-Bacon&docid=M020030007 7/25/2006 ' WAIS Document Retrieval Page 4 of 6 and County) PLUMBERS AND PIPEPITTERS. . .$ 30.25 15.83 • LINCOLN COUNTY '. Projects under $3.5 million. . .$ 28.91 12.33 LINCOLN COUNTY ' Projects $3.5 million and over. . .$ 30.25 15.83 ' * ROOF0020-012 09/19/2005 Rates Fringes ' Roofer (including Built Up, Composition and Single Ply) . . . .$ 24.75 9.04 SHEE0036-006 07/01/2001 Rates Fringes Sheet Metal Worker (Including DUCT) . .$ 21.61 7.36 SUM01996-001 07/09/1996 Rates Fringes Cement Mason. . . . . . . . . . . . . . . . . . .$ 13.11 Plumber. . . . . . . . . . . . . . . . . . . . . . . .$ 16.00 Power equipment operators: Backhoes. . . . . . . . . . . . . . . . . . . .$ 16.32 Cranes. . . . . . . . . . . . . . . . . . . . . .$ 19.27 TEAM0833-004 04/01/1996 Rates Fringes ' Truck drivers: 20 Foot Flat Bed; .' Single-Axle Diesel. . . . . . . . . .$ 13.25 3.05+a a. PAID VACATION: Employees having one year seniority shall receive one week's vacation with pay. ---------------------------------------------------------------- ' WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. .......avasavaavavaaasaav.aanaavavavaa a avvavaasveaa a aavavaaaaasv Unlisted classifications needed for work not included within the scope of the classifications listed may be added after ward only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (11) ) http://frwebgate.access.gpo.gov/cgi-bin/geldoc.cgi?dbnnmc=Davis-Bacon&docid=MO20030007 7/25/2006 ' WAIS Document Retrieval Page 5 of 6 6n the listing above, the "Sul, designation means that rates isted under the identifier do not reflect collectively argained wage and fringe benefit rates. Other designations ' indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS ' 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination ' • a survey underlying a wage determination + a wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour ' Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. if the response from this initial ' contact is not satisfactory, then the process described in 2.) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal 10rocess described here, initial contact should be with the ranch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. ' Washington, DC 20210 2. ) if the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request ' review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: ' Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ' The request should be accompanied by a full statement of the interested party's position and by any information (wage ' payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: '• Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. ' http://fnvcbgatc.access.gpo.gov/cgi-bin/beidoc.cgi?dbnamc=Davis-Bacon&docid=MO20030007 7/25/2006 WAIS Document Rctricval Page 6 of 6 Washington, DC 20210 ;�.) All decisions by the Administrative Review Board are final. avavvav v vvvvavvavvvaaeaacezzaaaeaaaaaaaccazvavaacvccezeveavaaeae END OF GENERAL DECISION �1 1 '1 N 1 1 i 1 1 1 1 1 - http;//frwebgate.access.gpo.gov/cgi-bin/gctdoc.cgi?dbnainc=Davis-Bacon&docid=MO20030007 7/25/2006 1 AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW ' I, the undersigned, of lawful age, first being duly swom, state to the best of my information and belief as follows: 1. That I am employed as ' by 2. That was awarded a public works ' contract for Project No. 63014, Vehicle Wash Facility Systems Renovation. ' 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. N 4. That has fully complied with the provisions and requirements of Secllbjl 290.290 RSMo (1994 as ' amended) FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT 1 Subscribed and sworn to before me this_day of 20_. 1 NOTARY PUBLIC 1 My Commission Expires: 1 STATE OF MISSOURI ) ' ) ss • COUNTY OF ) EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, of lawful age, ' first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by 2. That was awarded a public ' works contract for Project No. 63014, Vehicle Wash Facility Systems Renovation, 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 Nlaborers from non-restrictive states on public works projects or Improvements, an exception applies as to the hiring of ' since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT ' Subscribed and sworn to before me this_day of 20_. ' NOTARY PUBLIC My Commission Expires: APPROVED BY: Director of Community Development, City of Jefferson, MO CITY OF JEFFERSON ' CONSTRUCTION CONTRACT THIS CONTRACT, made and entered Into this q day of No L) 2006, by and between InterClean Equipment, Inc. hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". ' WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 63014, Vehicle Wash Facility Systems Renovation. 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"Vehicle Wash Facility Systems Renovation" In accordance with the plans and specifications on file with the Department of Community Development. N 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 80 calendar days from the date Contractor is ordered to proceed,which order shall be issued by the Director of Community Development within ' ten (10) days after the date of this contract. ' 3. Prevailing Wages. To the extent that the work performed by Contractor Is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for ' work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractorknows 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 1 the stipulated rates for any work done under this contract, by the Contractor or any ' subcontractor under the Contractor. 4. Insurance. ' Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be ' engaged in work under this contract. (b) Contractor's Public Liability Insurance in an amount not less than ' $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and ' Contractor's Property Damage Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person In a single accident or occurrence. ' (c) Automobile Liability Insurance In an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance -The Contractor shall also obtain N 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 by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground ' structures or by reason of blasting, explosion or collapse. (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall ' require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. ' (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs(b)and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from ' operations under this contract,whether such operations be by the insured or by anyone directly or Indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective Insurance (or contingent public liability and contingent property damage policies) by a ' general contractor whose subcontractor has employees working on the project, unless • the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations ' by anyone directly or indirectly employed by the Contractor. 1 5. Contractor's Responsibility for Subcontractors. t 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($600.00)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 fall to make prompt payment to any person supplying labor ' or materials for the work under the contract, or persistently disregard Instructions of the City or fail to observe or perform any provisions of the contract. ' B. 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. Indemni1y, ' 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 1 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 byany of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be ' construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described in this Paragraph. ' 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done,and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to Insure the payment of all materials and labor used in the performance of this contract. 11. Supplies, The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. N12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this ' contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 11, 2006 ' which are by reference made apart hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed One Hundred Seven Thousand, One ' Hundred Twelve Dollars and zero cents (107,112.00. 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor ' and materials, the payment of insurance premiums for workers compensation Insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a ' form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. '• 14. Knowledge of Local Conditions. ' Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions In making its bid herein. 16 15. Severability. If any section,subsection,sentence,or clause of this Contract shall be adjudged illegal, ' invalid, or unenforceable, such illegality, invalidity, or unenforceabiiity shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. ' 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the ' State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract,the ' City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions ' b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid j. FTA Clauses This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These documents areas fully apart 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. 1 4' 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 mall addressed to City of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 3939 Bestech Drive, Ypsilanti, MI 48197 . The date of delivery of any notice shall be the second full day after the day of its mailing. 1 I 1 IN WITNEf�S WHEREOF,the parties hereto have set their hands and seals this . : day of—V1 gr. 2008. CITY OF JEFFERSON CONTRACTOR M or Title:R PF..S\O z� ATTEST: ATTEST: city CIA Title: ' APPROV S TO FO M: ' City C u selor 1• Bond # 104720398 PERFORMANCE. PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Interclean Equipment Co. , Inc. hereinafter, referred to as "Contractor" and Travelers Casualty and surety Company of America a Corporation organized under the laws of the State of ' Missouri and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson hereinafter referred to as"Owner" ' inthepenalsumof One hundred seven thousand & one hundred twelveDOLLARS {$ 107,112 ), 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 16th day ' of Nnvpmhpr ,20Dfj_,entered into a written contract with the aforesaid Owner forfumishing all materials,equipment,tools,superintendence,labor,and otherfacilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with ' the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: '• NOW THEREFORE, if the said Contractor shall and will, in all particulars,well, duly and ' faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, ' according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after ' acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain.in full force and effect. ' PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries ' and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or ' its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with ' interest as provided by law: MPROVIDED 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: 1 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 seal to be hereunto affixed, by it attomey-in-fact duly authorized thereunto so to do, at Alcos, Inc. on this the 16th day of November ,?p o6 ' Travelers Casualty and Surety Company Interclean Equipment Co. of AmerictURETY COMPANY CONTRACTOR BY (SEAL) BY '�� ^ (SEAL) BY r//� bti - (SEAL) BY (SEAL) vicc l B. Scurti Attorney-in-fact (State Representative) (Accompany this bond with Attomey-in-fact's authority from the Surety Company certified to include the date of the bond.) 1 1. ' WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL POWER OFNI°rouNEW TRAVELERS Farmington Cuvudt Cunupany tit.Paul Qu rdlan hnurtunr Company Fldelily and Gunranly Insurance Cangnay St.I4ud Alercury Insurance Company. Fidellly unit Guarmny Insurance Underwriters.Inc. 'I'rmelers Casually unit Surer)Company. Seaboard Surely Company 'I}mvlers Casualty and Sorely Canqunr of America tit.flour Fin•and Marine Imorauce Cumpary C'niled States Fidelity unit Cunrnnty Company ' Alrnrner•br Fuel No. 2I I2lIS Certilleaa'No. 0 0 0 4 O 5 6 7 2 KNOW AI.I.Atl?N Ill• I'IIF.SE PRESENI'5:That Seaboard Surey Company in n corixrnafoo dude organized under the taus or the Slnle or New York.that St.Paul Fine and Alnrirle Insurance Company,tit.Paid Guardian lmurnce Company and St.fond Memury fusurmae Company are corfmratiom duly organized under the taus of the Slate of Mhntemu,Ihal Fnnningtnn Cawrdy Company,Tnociers Casualty and Surely Congn:ny.tnd'I'mrclers Caw:dly and Surely Company of America am ' corporations duty organized under the Imes of the State of Connecticut.that thdied Slates Fidelity and Guaranty Company is it cagxmaion Jury organized under the has or the State or Maryland.ilia Fidelity mud Guaranty Inver ace Company is it cogx,mtinn duty organised under tire Ina s of the Slue or Iowa,and that Fidelity nod Guaranty Insurance Undmrilers,Inc,is a cote nation duly organized under the Imes of the Slat or Wiscondn ihencin cullcelhely called lhe'•Companiei'),and that tine Companies do hereby make.continue and updxsfnl [):Intel L.West,Vickii It,Scurf.Linda M. I Iulcher ll.I'hilrip Lyon,and Ituxsett S.Clark ' of the City of Sterling Heights ,State or Ntieltiga l ,theft tmc and lau fill Aunmey(s)•in•Fact, elicit in their separate capacity if nmre 111:11 one is named aMwe,to sign,execute,seal and acknou ledge any and all Ixmds•mcognizances,conditional undertakings and other writings obligatoy fn tire nature tremor on 1whatf of the Companies in their liminess of guaranteeing the fidelity of pcnons,guaranteeing We perhotnnnce of contracts and executing or guaranteeing bonds and andennkings required or ls•nniticd fn tiny actions or proceedings allowed by haw. lu IN 11'ITNgE1v WiiF.1FF.OF,rho comg1£x bare caused this hnslruntcm In IV xigncd and tlmlr,mgxmde scnls to Ix hcretu nffiscd.this day or . Farmington Cawatty Cmmjuny '' St.font Guardhm Imunace Company. Fidelity and Guaranty Insurance Company St.foul Mercury Insurance Company Fidelity and Guaranty Insurance Underoriters,lire. Traselem Croually and Sun•ly Company Seaboard Surety Company Tr ielers Casualty unit Surety Company arAutericu ' St.I'aul Fire and Marine I st rturee Company United Slates Fidelity ant Guaranty Company 9 :®•,1.w•.` 'o.�•�S..E,.:a.�a t4py f o^ l�•/��a.u...AW...L.<.ate x� J••�wwn yan 2 n�c t d•' �e 1977 Sir .�_JrnNrM°w b , �''• ii.1..rew. ! 1rr AMn Sitde of Connecticut fly: _ City of Ilanfotd ss, (' age 1V I anq.wn,ticn r 1'ir i'miJeu ' On thix th Isl May 21X16 e tiny of .Ixrorc ore rkrsonany npixared George\v.nruoipsun,uha acknowledged hfmsclf m be file Senior Vice President of Punningrro Casualty Company, Pidehty unit Ou:mnuy Insuru,re Camp:n,y,Fidditq and Gu:umuy hnsurmce Uudcnvrilero, Inc..Scalwanl Surety Company,St.f aul Fire unit Marine Insurance Cunp;my,St.Ioud Guardian Insurance Company.St.Paid Mercury Insurance Company,Tnnrclem Casualty and Surety Company.Travelers Casualty and Sum),Company of America,and United Stales Fidelity and Guaanty Company,tad that he,its such,Icing autiusrl¢ed so to du,executed the foregoing Iminimem for the purposes therein contained by signing on behalf of the cogwrufions by himself us it duly mdhorized officer. In witness{Vhereur,I hcreunlo set lit•lured and official scat. � TM� V\ AA C: , „R/�urtµar•+l My Commission expires lire 30th day of June.1.0116. * L1ps} liblic C.Tel"ault,Mary Public ' 66440.9.05 Printed In U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER Of ATTORNEY IS INVALID WITHOUT THE RED SUMER ' This Toner of Attorney is granted under and try the sivahorhy of the following rest hnions adopted by the Iioanl%(if Ufnclnrs of I;anninglon Casual y Company,Fidelo, and Gunnmty Insurance Company,Pidelily mud Otuuaty Inwrance UmlefwrirC.. life.,Seaboard Sae)'Company.SL I mil lire and Marine Insurance Company" St.Paul Guardian insurance Company.tit.Tend Memuty losumove Company,Travelm Caundty and Surety Company.Traveler Casually and Sorely Company of America,and Uniled States Fidelity find Ouarauv Company.weep osolutiuns arc now in full farce and effect.reading its follows: RESOLVED,thal the Chainnnn,life 11resnte111.silly Vice Chtiiuuau,ally lixecutive Vice I'nsidenL filly Senior Vice I'reddent.ally Vice limsidenl ally Second Vice President,the Treasurer,any Aaisuun Treasurer,life Corimrate Secretary or ally Asslaamt Secretary may appoint Morneys•[n-Fact and Agents In net for and oo behalf of the Company and may give such appointee such authority fix 111%or her certi6eme of authority may prcncribe to sign w iih the Company's name and seal with the Company's seal lends,recognirnnces,contracts of indcumily.and other writinps obligmary in the nnuae of it band.recognbnnce,or conditional undertaking,and any of said officers tar the[hand of Directors al any tine may willow any such oplwiutee oud rexoke life pacer given bim or her:and it is FURTHER 1U.SOLVED.tam doe Chairman,the Preslleml.any Vice Chairman,tiny Exceullve Vice I'rcdlenl any Senior Vice President or air),Vice Pre9lenl may ' delegate nil or tiny park of the foregoing authorip•hr one or more officer,tar employees of this Compatq'.provided Ihal ewh suds delegation Is in writing and a copy thereof is(*tied in the office of the Secretary:and it is FURTHER RESOLVE[),that any land,recogninmce,coolracl of Indemnity.or writing obligatory ht life nano of if lend.reargntzance,or condlllonal undertaking ' shall Ire valid and binding ulsm file Company when(n)signal by the 1'residenl any Vice Cledrma*t,any Esnmive Vice 1'msiden6 tiny Senbrr Vice 1'msidenl or nay Vice I'residcnl any Second Vice President,the Treasurer"any Assistant Treasurer,the Cogeonac Secretary or any Assbaa Secretary and duly ancstcd and sealed with the Company's seal by n Secretary or Asskmnl Secretary:or(b)dilly cxecured(under seal,if regnircd)by one or more Amumcys•in•Facf find Agents pmsaan to the power ' prescribed In Ids or her cenificnte tar their certifhcntas of authority or by one tar more Company officets pur,tuut to if wriuen delegation of nuthority: and it Is FURTHER HFSMATI),that the signalum of wch of the following office.:I'msidem,ally ExecnHr Vin President.tiny Senior Vice Presldenl,ally Vice Presilenl, any Assistant Vice President,tiny Secretary"any Assistant Secretary,find the sal of the Company nay IV affixed by fnahnile to any lstwer of mmmey or to any ccr ificale relating thereto appdnting Itesldet Vice['residents.Resident Assistant Secretaries or Auarncy's•indficl fur putpuses only of eseculing oral attesting lands , find undertakings and oilier wrihhtgs obligatory in the nature docrcoL and fifty such foment nuomcy tar cedfanae bearing such hhcslmdle signature or facsimile seal shall be valid find binding upm rite Campo y and ally such leswer sr,executed Plitt mi f*ted by such facsbnte signalom and facsimile seal shall Ire valid find binding on the Company in tile fume with respect to tiny bond or understanding to which it is attached. ' 1,Kod M.Johanson,the ande.igned,Assislatt Scerclary,of Famingtou Casualty Company.Fidelity and Ouara ty Insurance Company.Fidclily and Guaranty Inwtance Underwriter,, Inc.•Scalnard Surety Company.St. I'aul Fire and Alarine Insurance Company,St. Paul Guanlion Inwrmce Company,St. Paul Memory Insurance Company,Trnvelers Casualty find Surety Comp:nty,Tmvelers Casualty and Surety Company of America.and United States Fidelity and Guaranty Company do hereby ' certify Ihul the ubnve and foregoing is n Inge nnl comet copy of the Toner of Auirmcy executed by:mid Companies,which Is in full force and effect and has not been revoked. .. IN T1.371110N1'N'IIIiRFOF,I have hereunto set my luml and mxcd the seals or'said`Camp:u/cs lids_16th-d:ay of,NOVembpx .211106, Kori M.Jnh:uaso Assist:un S"Mllt y 1 �aaur,.a y�aba�th . Vr as ao:r..��r�. �,,.rape ^•04 � aalnRrb ta .W 19;7) Clror.i ;a f eP &,9 1851 �#\uXT. 2 �" dg fie p 1 W a, r rr.has rr ,'•. "►I uMF' Tb verify,the nuahenicity of this Tower of Anonay.call I•SM-121.1880 tar contact its nl wwsvatpmltms'de.lamd.eom.Pleoe refer uo the AuonicyIn•Fact number, ' the nhave•named individuals and the details of the band to whlch life power is uuactwtt, 1 1 WARNING:THIS POWER Of ATTORNEY IS INVALID WITHOUT THE RED nORDEn ' AC-ORR CERTIFICATE OF LIABILITY INSURANCE 12/06/22009 PROW" (734)915-4444 FAX (734)!!5-4017 THIS CERTIFICATE It ISSUED AS A MATTER OF INFORMATION N{ndss 6 NMndfs, an ALCOS Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 305 E. Eisenhower Ste 100 ALLTTERTHECOVERAGEAFF ORRDDEDBYYTAHEPPOLIECIESBELOW. Ann Arbor, NI 41101-3371 INSURERS AFFORDING COVERAGE NAIC9 pinim Interclass Eqt pffent,Inc, IHSUHERA. Chubb Croup—.•_..—_ —_ 1 3!3! anti, N Drive .e NIA■. Accident Fend ante Company Co Ypsilanti, NI 45197 ■NAIRERC C t sans Insurance Co limps ' THE POLICIES OF INSURANCE LISTED SELOW HAVE TEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOLIFRENENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AMY PERTAIN.THE PMRANCE AFFORDED BY THE POLICES DESCRIED HEREIN 0 SUe.ECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH ' POLICES.AGGREGATE Learn SHOWN NAY HAVE SEEN REDUCED BY PAID CLAMS. TYPE A MMIIINR7 mxzy MuomR rMyWIMM T III■ OedMAI LNEEnY 35554211 09/30/2004 04/30/200 EACHOCQNRENCE E 1 X Ow RCULOCNETULl1ADLrrY DAMACETORFNT€D �--J—009.15M� Lunn MADE Q OCCLM AIAU IDSP IMy Mr PMFM.I 1 10 1 001 A PIREOMLAADVMLRY 1 �........-_-_._....__._.._._. OFNEIULAODREOATE 1__..?.L��I___ OOYLAOGAEOii&i/P APRIEOP[R PRODUCTS CDIPA)P ADD t IRILR.Y F1 P�*O, M Lt%: AUITOIIONLE LIABILITY A7116772946 03/30/2006 03/30/2007 cONMpEDaNDLELMT 1 X ANY AUTO (E&4=40M) ' —_-_.... ALLOWN50AUIOS ............. .._.....___........1....... 1 OOOLYWURY / C SCHEOIAEDAUt05 l°M Pnarl HW..OAUMS INSURANCE PBOEWED `/ RoDILY INJURY t _ HON OKNCO AUTOS _ / lPw FaIAVO By. rNtdPEIM DANA= 1 omm Lif=TY (! AtIMMY.EAAMICEW 1 R AIN#WO Date: ---- AuIDaA.r: AoD t (ACE{ANMORE"LIANUTY FACHOLUAIRF-YCE t 2,000,000 X 0=0 �MA■ASMADE 7955-35-79 06/30/2006 06/30/2007 ADOREOATF t 2,000,000 ' A EUUCIMIh ._..._............-.....--..... ............ U _..____...... 1 REIENDON 1 1 WUrJW"CUVAMMATCRAIO WCV331745 04/15/2006 04/15/2007 X I we 5TATU DT-. a ANY PROPMETORRMARTIEXCMU WE CL CACH AaiDENr s 500,- OFT�FIL4RIMIDDEl1OILlUDEDY EL DMEASE.EA LMKOYbh 1 .50D.L_. EROAI FRONeONtbs FL DO!AIE.POLICYLUT t 500,001 ' OTHER HOLDER LLATION RM111PIION OIORRATRRnILOCATgNA 1V[MR:UA/UCLYMOMA AOOm E/pnORMCM[Mfl■/M.YLPROYIAIOIn ' UIDUIDABY OF THE ABOVE OM MO O POLICIES EE CANCELLED BEFORE THE EAIMATO■DATE THEREOF.THE 111511l0INSURER VALL ENOEAVOII TO MIM • City of 3afferson -30 DAY&wwyrN NOTICE M THE CERTIFICATE HOLDER MMEO TOTHE LWT, Departeent of Conownity Developownt our FAAURE To MAL NCH Nopm BNALL EMv"NO OBLIGATION OR LWUR ' 320 East McCArty OF ANY KIND UPON THIN INMIRNK ITS AGENTS OR RVRESENTATIVO. 3offerson City, NO 45101 AurI ORDACREHKAflTTATTY[ 31■ Libf 3L % I. ACORD 2f(I001A1) "CORD CORPORATION IM 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. M The Contract shall be executed in the State and County where the Owner is located. Three (3)copies of the contract documents shalt be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One(1)with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development ' One(1)with the Contractor GP-2 DEFINITIONS ' Wherever any work or expression defined in this article, or pronoun used In Its stead, occurs in these contract documents, it shall have and Is mutually understood to have the meaning herein given: 1, "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous article, 2. "Owner","City",or words "Party of the First Part",shall mean the party entering Into contract to ' secure performance of the work covered by this Contract and his or Its duly authorized officers or agents. Generally this will be the"City of Jefferson". 3. "Contractor"or the words "Party of the Second Part"shall mean the party entering Into contract ' for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation,partnership,or individual having a direct contract with the Contractor,for performing work at the Job site. • 5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (i.e.,the Engineering Division Director). 1 6. "Construction Representative"shell mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth herein. 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the ' successful bidder's proposal Is accepted by the City. e. "Day"or"days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. ' 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. ' 10. "Plans"or"drawings"shall mean and Include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, If and when approved by the Engineer, and all ' drawings submitted bythe Cityto the Contractor during the progress of the work,as provided for herein. 11. Whenever in these contract documents the words"asdirected","as required","as permitted","as ' allowed", or words or phrases of like Import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is Intended. ' 12. Similarly the words"approved", "reasonable","suitable","acceptable","properly", "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory In the judgment of the City and Engineer. N13. Whenever any statement Is made in-*ese Contract Documents containing the expression "it is understood and agreed"orany expression of the like Import,such expression means the mutual ' understanding and agreemishfid(lid Contractor gnd the City. 14. "Missouri Highway Specifications" shell 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, 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 ' 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-6 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety ' bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City ' of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and Immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of detective materials used,or by reason of defective or improper ' workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. ' All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor ' shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. ' GP-6 INSURANCE GP-6.1 GENERAL: ' The Contractor shall secure,pay tot 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 shalt deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are ' complied with. All certificates of Insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of Insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written In an Insurance company authorized to do business In the State of Missouri. '• GP-6.2 BODILY INJURY LIABILITY& PROPERTY DAMAGE LIABILITY INSURANCE ' (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,including death,of not less than$2,000,000 per person and$300,000 per occurrence. 1 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. G13-6.6 EXCLUSIONS The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative lo: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc.,caused by the Contractor's operations. (3) The collapse of,or structural Injury to,any building or structure on or adjacent to the City's premises, or Injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. ' GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with ' Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence,and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. ' The above is to cover the use of automobiles and trucks on and off the site of the project. • GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION ' Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from Injuries to and death of workmen engaged In work under this contract,and In addition the 1 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. 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"AII Risks"type,with coverage designed for the circumstances which may occur in the particular work Included in this contract. The coverage shall be for an amount not less than the value of the work at completion, less the value of the material and equipment insured under Builder's Risk Insurance. The ' value shall Include the aggregate value of the City-furnished equipment and materials to be erected or Installed by the Contractor not otherwise Insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses,if any,to be adjusted with and made payable ' to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-furnished equipment is less than$10,000 such ' equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, In addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools ' owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by,arising out of or incident to larceny,theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, Is to be done, and to materials and labor connected or to be used as a pert of the permanent materials,and supplies necessary ito the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES B 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 foss or damage done,the names of witnesses, it any, and stating the amount of any claim, I 16 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 flied with the City. No assignment, transfer or subletting, even though consented lo, shall relieve the Contractor of his liabilities under this contract. Should any assignee fall to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS,PRINCIPAL MATERIALS 3 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. NGP-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 maydevelop In the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract,the respective rights of the various Interests Involved shall be established by the Engineer, In order to secure the completion of the various portions of the work in general harmony. ' GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature ' and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. • GP-11 ROYALTIES AND PATENTS It Is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be Involved in the construction or use of the work, shall be Included in 1 the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense,defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged Infringement of any patent or patents Involved in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS ' GP-12.1 • GENERAL These Specifications and Project Plans are Intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited In the one and not In the other,shall be executed just as If It has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omltted 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. MGP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer,and shall notifythe 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 wilt be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such Instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries Involved, shall be used. GP-12,4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society,organization or association,or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative" as the City may deem proper, to ' observe the work performed under this Contract,to the end that said work is performed, in substantial accordance with the plans and specifications therefor. • The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. 1 The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative,the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, If the City so decides, to annul the contract. ' Such construction representation shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer,without reference to any previous oversight in observation of work. Any defective material or workmanship maybe rejected by the Engineer at any lime 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 complywith instructions in this respect the Citymay,upon certification bythe Engineer,withhold payment or proceed to terminate contracts as herein provided. N 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 fumish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes,and continuous profile grade in road work, and centerline 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 ii 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. Anywork 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-18 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during Its progress, a competent superintendent and any necessary assistants. The superintendent shell 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 N and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who Is disorderly, Intemperate or Incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. ' It Is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-18 MAINTENANCE OF TRAFFIC ' Whenever any street Is closed,the Police Department, Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All ' detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project,wherever homes are served directly from a street or portion of a street which Is to be reconstructed under this project,the Contractor shall make every effort to provide access to each ' home every night. This work shall be subsidiary to the construction and no direct payment will be made for It. GP-20 BARRICADES AND LIGHTS All streets,roads,highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall ' be located at the nearest Intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection Is provided to the public. Obstructions, such as material plies and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be Illuminated by means of warning lights at night. All lights used . for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and Inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such Information. The Contractor shall make every effort to locate all underground pipe lines,conduits and structures by contacting owners of underground utilities and by ' prospecting In advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not 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. NGP-22 PROTECTION OF WORK AND PROPERTY ' The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public,employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath,above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. ' The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to Injury or damage through the performance of the work,and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization,Is hereby permitted to act at his discretion to prevent such threatened loss or Injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. ' GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP '• The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one(1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. ' GP-25 USE OF COMPLETED PORTIONS If desired bythe City,portions of the work maybe placed in service when completed or partially completed ' and the Contractor shall give proper access to the work for this purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK ' The Owner,without invalidating the Contract,may order additional work to be done in connection with the Contractor may alter or deduct from the work,the Contract sum tobe adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein Included. ' The Engineer shall have authority to make minor changes In the work, not involving cost, and not Inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders Issued arid'signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in Writing by the Engineer,which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration Increases the amount of work to be done,and the added work or any part ' thereof is of a type and character which can be properly and fairly classified under one or more unit price Items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss Incurred In connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such • adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen(16)days after the completion of each assignment of extra work and If found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention Is especially called to the fact that he shall be entitled to no claim ' for damages or anticipated profits on any portion of the work that may be omitted. Extra Work: 1 (a) The term "Extra Work" shall be understood to mean and Include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal Items and which is not otherwise provided I ' 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 it 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 00 WORK If the Contractor should neglect to prosecute the work property or tali 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-28 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 fall, except In cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or it he should fall to make prompt ' payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the Instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor five(5)days written notice,terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. ,• In such case, no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT ' If the work should be stopped under an order of any court,or other public authority,for a period of three months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES ' All loss or damage arising out of the nature of the work to be done,of from the action of the elements,or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other ' natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne bythe Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m,and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary In case of emergencies or for the protection of equipment or finished work may be done without the City's approval. ' Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City it the Contractor tells to maintain adequate equipment and supervision forthe proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS N 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 shalt be used by the Contractor for any purpose other than that Intended or specified, unless such use is specifically authorized by the Engineer In each case. GP-36 DEFENSE OF SUITS In case any action at law or suit in equity Is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, ' acts,matters,or things by this contract undertaken to be done or performed,or for the Injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or In connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies Incuried 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, GP-37 CONTRACT TIME ' The time for the completion of the work Is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over ' unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six(6) hours,the day will not be counted as a working day. ' No working days will be counted from December 15 to March 15, both dates Inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he Is unable to work due to causes beyond his control, he shall state his reasons in writing,furnish proof to establish ' his claim and state the approximate number of days he estimates he will be delayed. Notice of Intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-39 LIQUIDATED DAMAGES N Time is an essential element of the contract and it is therefore Important that the work be pressed vigorously to completion. Should the Contractor or In case of default the surety fail to complete the work within the time specified In the contract, or within such extra time as may be allowed in the manner set out In the preceding sections,a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion, The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the ' contract,and will be deducted from any money due the Contractor under the contract,and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of It after the expiration of the specified time,or after any extension of the ' time, shall in no way operate as a waiver on the part of the City or any of Its rights under the contract. GP-40 MEASUREMENT AND PAYMENT ' (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the Items listed In the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of Incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be Included in bid items. ' (b) DEDUCTIONS FOR UNCORRECTED WORK 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. 16 (d) PARTIAL PAYMENT ' Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or Inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work Is ready for final Inspection and acceptance,the Engineer will ' promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature,stating that the work requited by this contract has been completed and is acceptabfe 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 61ABILITY ' The acceptance by the Contractor of the fast 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 Nto or affecting the work. GP-42 CERTIFICATIONS GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portfand 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 orin letting contracts forthe performanceof anyjob or service,thepurchasing 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 16 requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is ' reasonable and it is in the Interest of the City of Jefferson,Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is In their Interest. GP46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW Upon completion of project and priorto final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Department of Community Development,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290,RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall ' not Issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT ' Whenever there Is a period of excessive unemployment in Missouri, which is defined as any month Immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S.Bureau of Labor Statistics In Its monthly ' publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are Incapable or performing the particular type of work Involved, If so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this ' provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP 48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that ' the contractor or subcontractor has fully complied with the provisions and requirements of Section 290,290, RSMo(1994 as amended), when In fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses ' are Incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and Indemnify the City for any liability assessed against it or any additional expenses Incurred. ' Any contractor who falls to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states,absent statutory exceptions,wheneverthere Is a period of excessive unemployment In Missouri,agrees to hold harmless and Indemnifythe City of Jefferson,Missouri,for any Ilabilitythat may be assessed against It or any additional expenses Incurred by the City of Jefferson, Missouri, because ' of the contractor or subcontractor's failure to comply. ,• END OF GENERAL PROVISIONS 1 ` 1 1 1 1 SECTION 11140 - VEHICLE WASH SYSTEM M SECTION 11140- VEHICLE WASH SYSTEM DESIGN BUILD, VENDOR FURNISHED, VENDOR INSTALLED ' PARTI -GENERAL 1.01 DESCRIPTION ' A. Scope of Work 1. Vendor shall design, furnish and install a now, completely automatic, heavy-duty, drive-through vehicle wash system which washes the types of vehicles as listed in the Basis of Design. The wash system shall clean front, roof, rear, both sides and chassis in drive-through mode. ' 2. The supplier is to be responsible for the system design, supply of necessary equip- ment, materials and service for the complete assembly, erection and installation of the equipment so that it is ready for operation as per these specifications. ' 3. Vendor shall include the demolition and removal of existing vehicle wash equipment where not incorporated into the new system. Owner shall have first ' right of salvage on any existing equipment. 4. Vendor shall provide with bid: a. Listing of all new equipment proposed. b. Listing of existing equipment proposed for reuse in the new system and ' associated itemized deduct cost. Owner shall have the option to accept the use of existing equipment in the new system design, or require all new equipment. ' c. Owners Acknowledgement of deviations from Specifications. d. Supilier Qualifications information. c. Terms and conditions of any additional product warranties or extensions. ' f. The amount of detergent used per gallon of water in system standard design• g. Additive option for Detail Pressure Washer h. Additive option for Retractable Brush Module i. Cost of detergents and additives j. Cost and description of recommended annual preventative maintenance service. 5. The building HVAC system is not included in system design. The existing system ' shall remain. Modifications to HVAC system shall be included in vendor proposal where HVAC modifications are required to accommodate the new vehicle wash system. ' 6. The building exterior walls,roofing, overhead doors, and personnel doors are not • included in system design. Modifications to these systems shall be included in 11140 - VEHICLE WASH SYSTEM Page 1 of 13 1 vendor proposal where modifications are required to accommodate the new vehicle wash system. B. General Provisions: The general provisions of tlrc Contract, including General and Supplementary Conditions apply to the work specified in this contract. ' C. Related Work Included In This Specification: ' 1. General: The general provisions of the Contract, including General and Supplementary Conditions apply to the work specified. 2. Coordination and sequencing of the work to minimize interruption with Owners ongoing operations at the site. a. Limitations to site access: None. ' 3. Site Work: All required site work shall be included in the vendor proposal. 4. Owner Furnished Items: None. ' 5. Plumbing: All required plumbing work shall be included in the vendor proposal. Work shall include: N a. Extension of water and gas utilities from water service entrance up to and connecting to the equipment. b. Interconnecting piping between various equipment components located in the ' equipment room. c. Interconnecting piping between the equipment located in the equipment area and wash bay. G. Mechanical: All required mechanical work shall be included in the vendor proposal. Work shall include: a. Ducts for Water Heater 7. Electrical: All required electrical work shall be included in the vendor proposal. ' b. Electrical service from main distribution panel up to and connecting to the equipment panel. c. Interconnecting wiring between various equipment components located in the ' equipment room. d. Interconnecting wiring between the equipment located in the equipment area and wash bay. ' 1.02 SCHEDULING ' A. The Vehicle Wash Vendor will coordinate with the Owner regarding scheduling of Vehicle wash installation, cement work,mechanical, plumbing and electrical work to 11140- VEHICLE WASH SYSTEM Page 2 of 13 minimize disruption and loss of vehicle wash facilities during the installation process. 1.03 QUALITY ASSURANCE A. The system shall be produced by a manufacturer of established reputation with a minimum of five (5)years experience supplying specified equipment in similar applications. B. Operational Safety: All exposed parts that are electrically energized shall be insulated, enclosed or guarded. All moving parts which could constitute a hazard to operating or maintenance personnel shall be enclosed or guarded. All electrical ' connections, wiring, raceways, and grounding shall conform to retirements of the National Electrical Code. C. Installation: Provide a qualified on-site Superintendent to supervise work related to equipment installation, check out and start-up. ' D. Training: Provide technical representative to train Owner's maintenance personnel in operation and maintenance of equipment provided under this specification. ' 1.04 REGULATORY REQUIREMENTS A. The governing codes arc minimum requirements. Where these specifications exceed the code requirements, this specification shall prevail. ' B. All materials, manufacturing methods, handling, dimensions, methods or installation and test procedures shall conform to buy not be limited to the following industry standards and codes: 1. ANSI American National Standards Institute 2. ASME American Society of Mechanical Engineers 3. ASTM American Society of Testing Materials 4. AWS American Welding Society S. NECA National Electrical Contractors Association 6. NEC National Electrical Code 7. NEMA National Electrical Manufacturers' Association 8. OSHA Occupational and Safety and Hazard Act 9. UL Underwriter's Laboratories ' 1.05 SUBMITTALS ' A. Product Data 1. Submit Product Data in strict accordance with requirements of these specifications. ' 2. Engineering drawings for Owner approval shall include floor plan and the bill of • materials separately listing the following: ' 11140 - VEHICLE WASH SYSTEM Page 3 of 13 a. Equipment general layout b. Electrical layout c. Mechanical layout d. Any related in-ground electrical or mechanical installation c. Provide UL listing card or equivalent document of nationally recognized Testing Laboratories from the company building the electrical pancl(s) and attach with the electrical drawings indicating that the electrical panels will be built to the required standards. f. Provide the Owner with the one set of drawings and one CD of electronic CAD drawings for as-built records. ' B. Operation and Maintenance Manual 1. Assemble and provide three copies of manual in 8.5 x I I inch format. Fold out ' diagrams and illustrations are acceptable. Manuals shall be reproducible by photocopy method and include the following information: a. General Description with illustrations b. Operating instructions c. Detergent mixing procedure d. Service instructions e. Lubrication requirements L Preventative Maintenance g. Troubleshooting Procedures M h. List of replacement parts i. Safety instruction ' j. Wiring Schematic C. Deviations From These Specifications ' 1. Deviations from these snecifications will only be allowed by acknowledgment from the owner in writing prior to bid closing. Equipment functions shall be ' designed to meet the requirements of these specifications. 2. Regardless of the owner's approval for any deviations and/or changes, the ' supplier is solely responsible for the performance of the supplied equipment as per these specifications. ' D. Supplier's Qualifications 1. Supplier shall have been regularly engaged in the design and supply of the type of ' equipment specified herein, for a period of not less than five years. 2. All similar items shall be the products of one manufacturer. The equipment ' offered shall be the latest standard product, modified as necessary to meet the requirements of the specification, of a type that has been commercially available • and in satisfactory use for at least five years. ' 11140- VEHICLE WASH SYSTEM Page 4 of 13 3. The vehicle wash system shall meet the specified performance requirements ' within the constraints of existing facilities that area to remain. 4. The wash system, high pressure cleaning systems, pumping stations and all ' electrical controls shall be designed and supplied by one supplier. 5. All bidders proposal may include the following information for Owner consideration: a. A listing of heavy duty vehicle wash system installations, by the bidder. This list shall include installations made within the last five(5) years. The list need not include more than 25 installations. b. Provide name of contact person at each location who is familiar with the operation and maintenance of the wash system. c. Based on the information supplied and discussions with contact persons named, the engineer will determine the acceptability of the proposed supplier and the equipment. ' 1.06 'WARRANTY A. Warranty work specified herein shall extend for one(1) year from substantial compl- etion against defects in materials, labor and workmanship. The warranty shall include the replacement and installation of defective assemblies or parts, without cost. MB. Bidder may include terns and conditions of any additional product warranties or ' extensions, with the bid proposal for owners' consideration. C. Defects shall include, but shall not be limited to: ' 1. Operation;Noisy, rough or substandard operation. 2. Parts; Loose,damaged and missing parts. 3. Finish; Abnormal deterioration. ' 1.02 BASIS OF DESIGN ' A. Operation: The vehicle wash system shall be actuated in cycle sequence by vehicles driven in a fixed path between tire guides at a slow speed (approximately 40-50 feet/ minute) through the washing system. All washing operations shall by automatically activated by the vehicle (driving through). B. Maintenance: All equipment shall be accessible for maintenance and repair using ' common hand tools. If specialty tools arc required they shall be provided by vendor as part of the equipment package. ' C. The supplier is responsible to design the equipment to satisfactorily wash up to 30 vehicles per hour. The vehicle wash shall be able to remove all visible, heavy dirt • accumulation and most of the road film from the owner's vehicles when they are ' 11140 - VEHICLE WASH SYSTEM Pagc 5 of 13 1 driven thru the washer at 40 fect/min with using only alkaline detergents. The amount of detergent used per gallon of water to remove road film shall be identified in the ' bidder's nronosal. D. Evaluation of the system capability to remove road film shall be determined only after the vehicles have dried after the washing has been completed. E. The supplier is solely responsible for the equipment performance. Should the equipment not perform, as per these specification requirements, the supplier shall modify, add and/or alter the equipment supplied at his own expense until the performance is acceptable to the Owner. The Owner shall approve all such changes. ' Should the performance not be acceptable to the Owner after modifications are made, the supplier shall remove the system at no cost to the owner. F. The vehicle wash system shall be capable of washing vehicles up to 140-inches (11.67') in height and 133-inches (11.08') in width including the following vehicle types: ' 1. Cars, Pick-ups, Vans 2. Utility Trucks with or without attached ladders 3. Transit Buses, school buses ' 4. Trucks, Flatbeds, Tractors. 5. Sanitation Trucks, Vacuum Trucks N G. The installed wash equipment shall be designed to operate without a full time attendant. H. See Attachment A—Vehicle Dimension Conformation - for specific vehicle types and dimensions to be followed as basis for design for the new vehicle wash system. PART 2 - PRODUCTS 2.01 MATERIALS A. Piping: ' 1. Copper Tube: ASTM B 88 Type K Water Tube, Annealed Temper 2. Steel Pipe: ASTM A 53,Type E or S, Schedule 40 Grade B galvanized,plain ends. 3. Ductile-iron Pipe: AWWA C151 or AWWA C115 ductile-iron pipe with AWWA C104 cement-mortar lining. 4. Dielectric Unions: Threaded,soldered,or grooved-end connections as required to ' suit application; constructed to isolate dissimilar metals, prevent galvanic action and prevent corrosion. 5. Flexible Connectors: Stainless-steel bellows with woven, flexible,bronze wire ' reinforced protective jacket; minimum 150 psig working pressure, maximum 250 deg F operating temperature. Connector shall have flanged or threaded-end 11140 - VEHICLE WASH SYSTEM Page 6 of 13 connections to match equipment connected and shall be capable of/,-inch misalignment. B. Electrical: 1. Cabinets, electrical enclosures and exposed controls located in Wash Bay shall be ' minimum NEMA 3R or rated for water spray exposure. C. Concrete: 1. Cast-in Place Concrete: Proportional normal weight concrete according to ACI 211.1 and ACI 301. 2. Maximum water-cemcntitous materials ratio: 0.45. 3. Concrete shall attain a minimum 28-day compressive strength of 4,000 psi. 4. Maximum Slump: 3-inches,+/- 1-inch 5. Air content: 6%,plus I% or minus 1.5%. ' 6. Semi-rigid epoxy joint filler—Dow Corning 888, Sonneborn SL-2. 2.02 COMPONENTS A. The new wash system shall include the following components in the base bid proposal: ' 1. Arch #1 - Presoak Arch a. Presoak arch shall allow immediate activation upon arch activation by the vehicle. b. Presoak Arch shall evenly apply detergent, hot water solution to front,rear, ' sides and roof of vehicle proceeding through the arch. 2. Arch #2 - Detergent Arch ' a. Activate after the vehicle passes the Pre-soak Arch. 3. Arch #3 -Rinse Arch ' a. Activate after the vehicle passes the Detergent Arch. 4. Chassis/Undercarriage Wash ' a. An undercarriage wash and rinse system shall be provided. The undercarriage wash system may use a pipe manifold system for insertion in the center floor trench. ' 5. Water Pumps a. The system shall include water booster pump as needed to ensure even water ' pressure under all circumstances. 6. Detergent Metering System(chemical pumps) ' a. Detergent injector shall allow adjustable chemical injection. b. The chemical metering components shall be assembled in a modular, wall • mounted assembly. ' 11140- VEHICLE WASH SYSTEM Page 7 of 13 7. Water Softener System ' a. Water sonencr sized to provide water demand of the system for at least one hour at peak demand. 8. Gas fired boiler/hot water holding tank a. Water Heater: Gas fired hot water heater sized to provide hot water demand of the system for at least one hour at peak demand. ' 9. Pacer Lights/Process Control Switches a. Activation: The wash process shall be activated by control switch assemblies able to be activated by vehicles included under design criteria requirements. b. Operation shall be fully automatic. c. Low level switches shall be provided in both detergent and rinse tanks to stop pumps if either or both tank supplies are depleted. d. Control program shall turn off all power in wash bay if a vehicle is stopped in bay for ninety seconds. 10. Overspray Shield Walls/enclosures. ' a. Provide shield walls, component enclosures or other Owncr approved protections for components that are not rated or otherwise protected for long term performance in the wash bay environment. 11. Interface to existing programmable vending software at fuel nump keypad. ' B. The following comnoncnts may be added to bidder's proposal as additive options, considered individually for addition into the scope of work at Owners digression. I. Detail Pressure Washer a. High pressure hand spray gun, with pump capacity of 4 GPM at 2000 psi. b. 5 HP,480,230 volt three phase motor. ' c. The unit shall be capable of applying detergent solution or clear rinse water. d. The unit may be integral with the wash detergent tank. ' 2. Retractable Brush Module a. Side cloth brushes shall be manufactured of materials that will not scratch or damage paint or decals. Length of vertical cloth brushes shall be suitable for washing vehicles from 3-feet to 14-feet high above ground. b. Hydraulic Power Assembly: Power to move brushes shall be by hydraulic power unit. Power unit shall supply oil to hydraulic motors mounted on brush assemblies. Provide reservoir tank,by-pass and now controls to adjust brush speed as required for adjustable system. ' C. The following components from the existing vehicle wash system may be refurbishment and use in the new system. Refurbished components shall be proposed • as deduct options and selected or not at Owners digression. ' 11140 - VEHICLE WASH SYSTEM Page 8 of 13 ,• I. Wash Bay trench drain system. a. Sec building plan and photographs for location 2. Electric Service. ' a. Sec building plan and photographs for location 3. Water Service. a. See building plan and photographs for location 4. Gas Service a. See building plan and photographs for location 5. Heavy Duty Steel Guide Rails (Modify as needed) b. Guide rails fabricated from 3-inch diameter painted steel pipe supported at 5 feet intervals provide guide runs on both sides of the vehicle. The tire guide ' shall be for the full length of the wash system. c. Provide angled entry at the entrance. End of rails shall be capped and surfaces smoothly finished to prevent tire damage. Brackets supporting pipe ' shall be made of minimum of 3/8" steel plate with anchor bolted to the concrete. N 6. Polyethylene Detergent Tank. a. Existing 1000 gallon tank. ' 7. Polyethylene Rinse Tank. a. Existing 900 gallon Tank 8. Connectivity to existing Gasboy vending control software system. 2.04 Existing Vehicle Wash Building A. See Attachment B for building plan and elevations. B. Existing utility service sizes and locations shall be used to serve the new system. Any modification to existing utility services that arc required to accommodate the new vehicle wash system shall be included in the system design and proposal. C. Existing HVAC system shall remain, ' D. Existing Lighting and convenience power systems shall remain. E. Existing building shell, overhead and personnel doors shall remain. '• PART 3 - EXECUTION ' 1 1140 - VEHICLE WASH SYSTEM Page 9 of 13 1 '• 3.01 INSTALLATION ' A. Install vehicle wash cquipmcnt per manufacturer's specifications and installation drawings. B. Vendor shall undertake the commissioning of the system and make all required adjustments to ensure proper operation, 1. Timing of operation and position of the detergent arch shall be determined by ' manufacturer to provide optimum detergent penetration before high-pressure wash cycle. . C. The Vendor shall start-up the system. The owner shall have operating personnel present during the start-up and equipment training. . D. The supplier shall arrange adequate amount of detergent for the performance testing. ' E. The owner's personnel shall be trained for a minimum of 5 hours in the system operation and maintenance. ' F. The supplier shall provide the owner the names and the addresses of all local service and maintenance personnel to assist in future service, NEND OF SECTION 1 11140 - VEHICLE WASH SYSTEM Page 10 of 13 ' Attachment—A '• Vehicle Wash Building Plans X-rages 1 1 1 1 (N is 1 1 .1 1 1� ' It 140-VEHICLE WASH SYSTEM Page 11 of 13 1-v ' ----------------- II I 1 I I 3 1 SO 4 D ' /'l-18US WASH FLOOR PLAN c 3 I 1 I I I I I ' I I I I ' I 1 1 u s-4 ' PROJECT JEFFERSON CITY VEHICLE WASH FACILITY P D D- V1e104O jJ SCALE: Ile* - V OATS: DY in oa DE&ONEO SY: AS O :NIA ' CHECKED SY: ' 11-0• 3'-1' ' ----------------- L � 1 a G k d a ' 1 BUS WASH FLOOR PLAN R z � e 1 +, si• TI•�/• ' PROJECT JEFFERSON CITY VEHICLE WASH FACILITY ' PROJ NOr vmlwuese BCALE: GATE: 06/16/m OEBIONE09Y: ys D "BY:xu ' CNECNE08Y: ILLJ ' 8 8 �R �8 I.J 1 1 1 1 ' v /7�\ SUS WASH SOUTH ELEVATION yg SWC. 1/e• - r_o• d 8 1 I 1 ' PROJECT JEFFERSON CITY VEHICLE WASH FACILI'T'Y ' P OJ NO' PIF040e32 SCALE: � e• r DAYS: en is a6 OEBMBY.8Y:Y: YS x,• 2 ' CHECKED BY: j 1 3 BUS WASH NORTH ELEVATION scut: ile• . r_D. 1 1 ' PROJECT JEFFERSON CITY VEHICLE WASH FACILITY FDATE! %xiOx4063] :EDDY: rS Y:xln ED BV: ' TOO 122 TOP 17700 L. WALL EL.+ 170.00 E01 !LOON ' LL.. 100.00 u BUS WASH EAST ELEVATION ' SCALL: 1/e' + 1•.0' 1 PROJECT JEFFERSON CITY VEHICLE WASH FACILITY O! O'N�OIa OGl7 SCALE: 1 e• . 1' DATE: DESIDNEDSY: sS L DRAWN BY:NIA (3 ' CNECNED13 BY: • ///�/�/� . • d� . ' 5 SECTION THRU WASH GARAGE SCALD 1/7' . p•0' PROJECT JEFFERSON CITY VEHICLE WASH FACILITY PRO D! Nlmu•WA Br-Qm 1 e' . P DATE: M/1610 DEBIDREDBY: J s S DM Y:m n ' CREMEDDY: Attachment— B • Vehicle Wash Building Photographs X-Pages 1. 1 11140 - VEHICLE WASH SYSTEM Page 12 of 13 �• Reference Photographs •i; :r: •Ire;,?:r• +rz-•;�n.,...;,.�..s".?n'tr.. • Retaining wall along side of building • Maintenance Shop beyond 1 1 1 II 1 Vehicle Wash Entrance • Retaining wall from street side • Bus Garage ' Beyond 1 1 1 Vehicle Wash Exit 1 1 Page 2 of 8 1� Reference Photographs i ' • Vehicle wash building beyond 1 1 1 1 N Approach Thru Fueling Canopy 1 • Located under fueling canopy, ' prior to vehicle wash entry 1 1 IUF 11.0 U�U' An:INint NPNiN 1 1 1 Gasboy Control Unit 1 1 Page 3 of 8 Reference Photographs � � hs' P II ' I ■ • Rinse arch beyond • Rinse tank on right • Undercarriage � nozzle in trench ' drain pit beyond 1 N Vehicle Wash Floor to Exit ' * Splash screen on right hand wall • Detail wash wand on left hand wall ' • Center mud pit • Cleanout in floor ' left of mud pit 1 ' Vehicle Wash Floor to Entrance t I 1 1 Page 4 of 8 li Reference Photographs hs 1 1 Splash Screen 1 . Detergent Tank Rinse Tank • Guide Rail Detergent Arch t . Rinse Arch 1 N Equipment Wall 1 • HVAC duct along right hand side of ' overhead door 1 Vehicle Wash Exit 1 Page 5 of 8 ' Reference Photographs ' • Detergent tank e System pumps under splash enclosures ' • Detergent Arch NDetergent Arch i • Equipment Located behind splash screen • Copper Piping 1 '. Water Softener and Water Heater 1 Page 6 of 8 Reference Photographs 1 1 • Guardrail beyond 1 i 1 1 i Undercarriage Wash Nozzle 1 f? " • Vehicle Vacuum system to remain 1 1 1 1 1 Vacuum System at exit door 1� 1 1 Page 7 of 8 Reference Photographs 1 1 • u i 1 i 1 1 N Vehicle Wash Control Panel 1 • 1 1 i 1 i 1 Disconnect Serving Detail Washer 1� 1 � 1 Page 8 of 8 Reference Photographs hs 1 1 ' i 1 1 1 NMain Electric Service Panel 1 ' 1 i 1 1 1 1 Secondary Electric Service Panel i� 1 .� Attachment—C 1 Vehicle Dimensions 9-Pages 1 Sewer Vacuum Truck. Gillig Bus 1 Dump Truck/Plow Cutaway Buses F450 Pick-up Trucks Sweepers—Elgin Eagle Police Cars-Crown Victoria Freightliner Bus Trucks—F-550 4x4 flatbed plow 1 1 N 1 1 1 1 1 1 i 1 11140 - VEHICLE WASH SYSTEM Page 13 of 13 1 MFA-21-2096 1336 JEFF CITY COrM IIEVFIOFMEW 573 634 6562 P.L42 3EwEfe. Vac Goo YahirA&Clehereelon g2pfirmatQn_ r �nrre.nt ' To:.ls/lenon Cky,tifMeourt Tait. Not From, Tel: Foal: ' "Is wry Impo tent to know about the types of unique vehicles W are to be - Ile so the eyslem will perform 14 Ns maximum pofentiai hoed on ywvahtclefleet Vlear fill In the kf o Won aquasad below. ' Lae example I and 2 bald In mecca ft your flost Typo of vehlalee(mejorny otfmot): How many: Is wash outfourced? Yes If w.whet is the cost per wash? 1 1. Helpht of Ai0W vehicle: /#0 ' 2. Overall wi0 of wkla!yet iole: I/6 3. Widthorwaestvehicle; //D 4. Widest vehicle tree,outside—Inalde:/Oat ' S. Nertowestvehblatkn, inidew&Abide: y7 6. Height or any object(each*$*O N)from!ha ground: ' 7. 'OWN=of"hide overhang fmm tiros, paseenper We of vehbU: /Q 8, 0- 1- of vahtole ovwMr4 from tires,driver We of vfhide: l0 9. Height d overhanging C61W from to grmxrd on tln IeR fide of vdddf: 10.Helghr d ovwhwVhV objed from the ground on she fight atde d vehkfe: g ts.Width at highest point of velrtA,. 49,q ' 12.Height Imm width d vehicle to wWlh at higtMat point of vehicle: 5/$ 13.Awrege IeepQr d vehbles: 39U 0A ar ' . ref lrtfrlY! e vwwhwMr ' Vo O +trr� 0 a 1 �: Oeta r s 1• 1 1 ............_.....u....... hlglt-�l_ 13:39 JEFF CITY COMA DEVELUWEN 573 67A E,SF.? P-M ' Jdfmm.City, IYlleeoud To: Tel: Fax From Tel: Fox: It Is wry imporlarrt to knwiv abmA tw types of unigrra vehicle that em to be washed so Ow system will perform to lls msrdnsrn peteestsl bawd an your valtieieltaat. Pfalcsa ft in tin I fmn trim m4rsslsd below. ' uasexsnpoisland2(aa+ldinmsssuft)orrrffosE Type of vehldes(mal orftf of fkwQ: Hour merry: ' h wash oubourced7 Yee If so,wfrst is the cost per wash? i. Helpht of higher vahlds: /;I;k 2. Ovslall Wkb of wltlest vehMb:/a?7 ' 3. Wldth of wkleat vahide: /Dil A. Widest vehkie*as,mftUe—&Wde:/0q S. No awaatvahldethas, imife—orifde:Stl 6. HOW of ww abjset(much as prows)fform ft gmrld:,3" ' 7. taittamos of vrhida awtfarna from tires,paessger slde d veiriols: /� S. Oistsrloe of vsirWe wwtwig fmm*a.ddw stds of vehW:/y N fi@Wd of ovwhw*o d*d from ffle gmurd or to MR We of wahiclW 20 10.Help d ovailmrpirW obW from Ifre W ound on ttw fight alde d vefrida: Q1 11.Wkm at highmpointd vahl*.. /•ELI 12.Height from width of vehlde to widltr st highest paint of vahids: /ayl 13.Nvempe kwgM of vehloles: ' q�t�fet t�tea U 1 WAWA O r rAR-21-2006 13 S9 JEFF CITf COMM DEVELUIVEN 573 634 6562 P.P4 Z.,h.��cFe�.t '7` 00 1' & � bw ' vismals IQheansion contfatatlon for)"- Jefkrson CITY.mma uff To: Tel: Fax: ' From: Tel: Fax: It is vary important UD Wow about tiles"of unique Vehicles flat afs to be mdod soft widom wi3 pafkxm job nwdrnum patenMal based on yow vMddafbst. PbMa ig Into MrWnWon masabd Ilow. tHsomnv* 1aW2baldhmowg# ftyawbmt. Type of vshides(msjo*of Hsey: How many: ' iswaah m tswMW Yes tf eo,whet Ist m ooatperwash4 1. Height of howtvahkfs: A23 z. OvenN vridth of vMdest whikta:/33 3. W o of widest vahiois:103 ' 4• VVided votdcle tires, outSide—inside 97 S. Narrowest wavicb tlras,WAMO—outside:60 6. MoVA of filly objet!(wrch sw prows)from the ground:/!3 ' 7. olatanco of vaMde oveft►atp from*ek POWWOW side of vshiois: �a H. tHsfanca of veMdo ovoftM ftm gms.dtivar side of Vehlole: 29t N g. Hol&cdomim rping aN w ffom to grind en ti»fat olds of v@Mcm: 73 10.Height of ave involm ob)W from the gmurw on ft fight aids of vaMde: "73 ' 11.Width at highest point of vahiob: /03 12.Height from wt4Mr at vahide b WIM at hiphast point of vahlote:.Z`/ 13.Average bnom of vshicim y/3" �4� .oorw • 6sISp11 bigYt V w�rw�r WF-21-2W6 13:39 JEFF CITY CCM1 DEtCL{MN 573 634 G562 0.95 £-14xO bus >H1�lS FS JeRFmw City, iVO NW r To: TM: Fate ' From: Tel. Fau: It to very Ynpadw tD Farow about flue lypas of tm"vahkin d*sme to be washed eo the sydom will perform 1a tb nuonu n powmf1N beasd on yam-Fits Mast. Pleeea 111 into Fnfomisfion wqunWd below. Use aRernpfe t wnd 2 b efd fr meeseri}rg yvurlNM. Type of vehioks(m**Olivet): How menyl ' In wash outran mW? Yee M so,whet is the wd per wash? t. Mot of highod MMO : //D 2. Overmli w kith of widest vehicle- 3. Width of widest vehicle: /02 4. Wkk*vehicle from,adeide—Ineft. /m ' 5. Nanonwtvehkielim,froMe—otbbe. 9V G. Heigfrt al any Offict(such as plows)from Nw ground: 6" ' 7. DlMwm of vehicle overhang from tires,poowq r side of-hide: y' S. 01-0.rnoi d vehW*ovmftmM fmm.Vm.drfvsr skis d vsMc I1 ft N 9. Haight of ovw wrghg abled from No Wound an the M wide d vehicle:ss' 10.HeW of o-dtn ft a*d from to gromrd on Was right MM of veh ide: SS� 11.WIM at triphed pW%d w*We. NO ' t2.Hoightirom ruld{h of vshfde to vrldth ath(Nhat pant d vehicle: Q� 1!.Avwrage knglh d w*kbw, 315' 1 ' Mr�eiYr V ' MMrrW^ ' 11IIb1taM� t11MYw 6 Q Q) 1 , 1 1• 1 MAR-2f-20W 040 JEFF CITY COW DEMJ:REN 577 634 6562 P.06 �17a, r.�+r..v. • �cm6 4"� ' lhlriele blreswoien CenlUmstiolt terlMashli;arrmrrreert Je�ereon dly,IMeeorx'I To: Tel: Foe 1 Fmm: Tel: Fiat: his wry W*mb nt%D la ow abod the typ a u "vehWas t*ere tD be wselred so the syelren wiN perform to lb nwwmu n puWftl bad an yaw-v Wele fleet. Pkre fill in ltw lift WJa n requested bak w. 1 Use ea<ampls f and 2 b ek/Al nraesrlrkq yarRluer Typeavehidas(wm*xily arf)tel): How merry: ' is weab eubourmd7 Yes n w,what Is the and per wooly? t. HW t of highest wehlde: 10 1 2. QYeWI MGah a widMR wahift i 3. 1Nldlr of wideel vehicle: Q7" 4. M1WM vehicle linos, eNlwide—kw0e: �l 1 5. NSMWAW wHb *O@.leoido- OSW*: 8. Heigh!otmy obod(each esplewe)from the ground: 7" 1 7. Disbndw of vehicle overhang from tlfse,pseserrper side of vahk* B. Dletsnos et vahlds&M trnq f M Urea,driver side a wl*w /2" N 9. HNpht d aisrhenpirlp awed from the pond an the leR olds d vMtlols sq• so.HMpht at overlrerrging obieottran db grwrd on tM dpht side d velricb:S9' 1�.tNidtl►of Mghest point a venial.: s� 1 12.HegM from wkM a vahleb fo v*M et twat � pomaroira.: b u.Avenge mrwm d rreMoles: 9316„ 1 t�f tombs .� lb U� 1 wrirer 1 ' PWR-21^2@0G 23r all 7EFF CITY CCM9 MUELCIRtfN 5736 V7 Vai�>��21mitmaw _n NI t .MHmon CNy,Athraoud To; Tel: Fax: From: Tel; For It is Very lmpoAant In know about the types of a *ue wWdw that am to be washed so the system will Podmm to ft trlardmam pplarAlsl bawd cn your Vat 1110111t. Plaaarr S h"iMbnhtstfon requatad below. Use wWn* f acrd 2 to aid M meaenflaa lug OW Type of vshides(MOO*of that): How many: ' is wash ouleoumd? Yet If so,whet is the cost per wash? 1. HeOM of higtaad vthlels: /2;/' 2. dvaraN whRh of widest va wo: 3. Width of We Vehicle: /0/u A. Widest whkds tins, outtide—I will w ' S. Natr nil r14 wd- tirw h awo—oulsids:'14" 6. H*M of any object(hush as V17m)homlfn around: ' 7. Distance of woMde owrtaarg from thee,puuserlgar silo of vahkds: 7� a. 13bWoe of vdmde ovartwna from Ow driver skis d vehicle: 07" N 9. Height of owdrging object from tlw ganxt an tha MR We of v l ica 10.HstgM of omI make object fYom tha ground on the dght aide of vohW. V6' ' 11.Width at highest point of vahkle: V 12.Height from wklth of vehicle to width at highad point of vo htdr• /.I° 13.Am"o bnalh d vehides. ;tV 1 arylht bobs • 1 a«»m o ' o • • r MPP-21-2906 13:40 .JEFF C(4V C" PEVELO:tF STS 634 6562 P.P6 1 po�it,,, %_.,af3 77iCw l!! Grdw+^ uje'�Oeze1 IN"DMMEAon Conammon —ftwm_Eaaimrnet 1 .Iall~eKy,Mbeoud TO: Tel: Fax .From: Tel: Fax: ' It N vary imporosnt to know about to lypas of unique vehio n That are to be waehad so the my wW perform tab rrvtadrrrtna pOMttlsl band an your v$WWW l Nat, Plaeae 1111 In the Inlbnaetten requested OCltrw. 1 t/IB iarafipp f and�fo ehi h 1rNattxblg y0trf riser. Type of vahwtlw(rrta}orwty of fleet}: liver maw: 1 N wash mWag ad? Yes Mao,what N the oast per vrash? 1. tieipnt of hfgts- whets: 67 ' 2. Overall wldMt of wiled vdwds: 3. %Wlh of vdded vahlw:VY 4. VVkkot while this,ouWa-krslde 74.? ' S. Nall nsia+Rvshic* ires,WWs—ctlsida: x"34 0. HeW of any our d(ord+as pbws)from the§round: g OP ' 7. Dkbw=of vahkta ovawrrg troth*we,pmn6r4 ar aide of vahio4:7 S. Distnrom of vehWo Ow h"from Ww,drkw side Of wilds 7" 9. H@W of wawt ooft dod from ft gretnd on On oft We of vb*b:y I r fO.N*M of ovwhwpin§o"M from the§round on the right aide or vehk la: yl` 1 11.Width sthighestpoh of VMeA: dilp" 12.HsigM born width of while m width at htghost pair of whirls: AM 13./tvwage knp of wthi = V 1 10 1 ....._........ Mqk-21-2006 13 41 JEFF CITY Cl" DEVELL'PM14 573 634 6562 P.09 Ns�imicls pimma t Coaflatratloma--- t<ayYYash E�rYemarrt ' Jrfamor tom, MtssauA To: Tel: Fax: From Tel: Fix: ' It is very impottan to lerow about the types of unique which that are b be washed so the system will perform to its rnnrkrarra polwtW based on yw vehicle fleet. NMsse>n{in the intormslk+n rsetuested below. ' ilea example 1 and 2 b elfit ms k4*itow'Aewt. Type of vehldes(majority of hest): How marry: K wnh oulsourosd7 Yea Woo,what Y the oast par wash? ' I. Height of highest vehicle: f av 2. OVW&fl width of'idattwh{cM/1& ' 3. tlYM of'Weft vshide: " d. ylAdr�t vehicle tires,outeiw—trreMta:Gb 6. fianoarest wIr1010 fires,trmsids—outiid.: S'� G. HWt a wry object(Mich ss plows)from the ground: 7. Distance of valdde overleap from tires,panww"of which: /y S. DNlance of vahkb owrtramtp from tires,driver aids of vddde:/7 9. Height d mahwvft a*o.fmrh.Mri ground onto w akk of vmkb: 6• N10.Wsigtmd d owdr�gfrg abNct fiom time ground an the ulght.id.a vehicle: ��. 1�.Width at hlghaat point d whtcM: !/D t12.HeWt from width d vehicle b width at highart pot a vm Wit. bO 33LY 19.Awmags Mrmgm d'tide: y�� N�9 waarmmyK VAMPve 0 O . r + 1' 1 WV-21.-2C•FY, 13141 JEFF CITY C" MUELOP•tEN 573 634 6S62 P.i1) F,o C90 xPLl rn ,�v 1 r JMfemon illy.Wesoud To: Tel: Fax From: Tel: Fax ' h l•very Impolts m know about the types of unique vahioiss OM era to be weshed so the system wAN padorm to Its rnexhrrml 0 all based On y0W vehiob Asst. Please AN in fibs hKomeAbn requested below. ' ueeexarnpMlSW2DaaWhmmaswiipyowBOW. Type of"Notre 04mlity of Art): How many: ' Is wash eulsounlad? Yes If so,whet is the cost per wah? 1. ki*ht cN biphest wide: qN 2. ovemii width of Meet vshkie: 9 ft 3. W ft of~vehicle: 99 S. WMfast vsNde tkres,oub kde—trade: yS' ' S. Nanosles!WvMais*ft bow—ouWft S6 G. Flsiptlt d nary ob)so►(such r plows?from lha praund: '7 7. Dieterlae a vehide ovslAerp from thee.p»senger.Ade d vahll it: 7 e. oburios a vehloAe oVerhanp from fYaa,ddver side of veMaM: 17 N 9. Height OVOt dit abJsel mlm tha prl WW On ns wt s io d vW. ! C/ 10.Height of oveftno g doo ftM the Smund anon r4M sift of vaNdt: 51 11.WWM at MphM point a vehice:lj!" 12.HekpM from width of vshida to wMt h at highrt POW of vahift SV 113.Avareps isngth of Vehicles: 310 ' cwt book At wrsrwsr VIVO 0 TOTAL P.10 1 1 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 IS-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. ' SP-4 PROOF OF INSURANCE All certificates of Insurance provided for this project shall be insured directly from the ' company affording coverage. Certification from a local agent in not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. ' in addition, when an aggregate amount is Included, a statement of the amount of that aggregate available to date shall also be attached. 1 SP-5 SECTION 11140 1.01 A 3 ' Item 1.01 A 3 of Section 11140 shall not apply. The demolition of the existing wash system will take place prior to the notice to proceed for this contract. The demolition will remove the entirety of the wash system back to the main electrical panel and the service ' entrances for the other utilities. The trench drain will remain in place as will the guide rails. The detergent and rinse tanks will be disconnected from the system and will be • available to the contractor for reuse in the new system. 1 1 SP-6 SECTION 11140 2.02 C 2a-4a ' The electrical panel and the gas and water service entrances shall be used in the new system. No proposed deductions need to be offered for these items. SP-7 VENDING The washing system shall interface with the programmable vending software at the fuel ' pump keypad. The software provided shall interface and operate seamlessly with the existing system and software and shall include the capability of recording and storing and or transmitting the date, time, vehicle ID, and user ID for each wash cycle. SP-8 PROMPT PAYMENT CLAUSE The prime contractor agrees to pay each subcontractor under this prime contract for ' satisfactory performance of its contract no latter than thirty days from receipt of each payment the prime contract receives from the City of Jefferson, Missouri. The prime contractor agrees further to return retainage payments to each subcontractor within thirty ' days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Jefferson, Missouri. This clause ' applies to both DBE and non-DBE subcontract. SP-9 AWARD OF CONTRACT The award of this contract shall be made to the lowest and best bid meeting the specifications submitted by a responsible bidder. SP-10 PROTEST PROCEDURE The City of Jefferson will provide a tabulation of bids and recommendation for award by fax to all responding bidders. Bidders wishing to challenge the award decision shall have 15 working days in which to file a bid protest with the purchasing agent. The protest must be filed in writing to the purchasing agent and must specify the grounds upon which the protest is based. A valid protest must 1)come from an actual bidder or ' offeror for the request, and 2)who claim to be the rightful award. That is, protest is not valid if filed by a bidder who cannot show they would be awarded the contract if their protest were accepted. ' The purchasing agent will review the protest and issue a written decision. If the bidder disagrees with the decision of the purchasing agent, the decision may be appealed to the finance director. The request for appeal must be filed within a specified lime, as listed on ' the protest decision, with the purchasing agent. The request must describe the specific reason for the appeal and is limited to those matters that were raised in the original protest letter. The finance director will review the protest and Issue a written decision. If the bidder is • not satisfied in may ask that its protest be considered by the city administrator if the award is less than $25,000.00 or the city council if the award is in excess of$25,000.00. 1 Any decision regarding the matter made by the city administrator of the city council is final. SP-11 ITEMS TO BE SUBMITTED WITH BID ' The contractor shall submit with his bid all items listed in Section 11140 Vehicle Washing System # 1.01 A 4 a+ The submittal shall be labeled as found in the aforementioned section and presented in sequential order. The contractor shall also provide the ' information requested about items b, g, and h as indicated on the bid form. ' SP-12 MEASUREMENT AND PAYMENT Item No. 1 —Complete Vehicle Wash System This item shall Include all labor, material, equipment, and services necessary to design, construct, furnish, and install a vehicle wash system as specified in Section 11140—Vehicle Wash System. The work provided herein will not be measured for payment; rather it will be considered a lump sum unit and will be ' paid at the lump sum bid price. Item No. 2—Wash Bay Trench Drain System ' This item shall include all labor, material, equipment, and services necessary to refurbish and reuse the existing trench drain system in the proposed washing system. The work provide herein will not be measured but will be considered a N lump sum deduction if selected by the owner. Item No. 3—Heavy Duty Steel Guide Rails This item shall include all labor, material, equipment, and services necessary to ' refurbish and reuse the guide rails in the proposed washing system. The work provide herein will not be measured but will be considered a lump sum deduction If selected by the owner. ' Item No. 4—Polyethylene Detergent Tank This item shall Include all labor, material, equipment, and services necessary to ' refurbish and reuse the existing polyethylene detergent tank in the proposed washing system. The work provide herein will not be measured but will be considered a lump sum deduction if selected by the owner. Item No. 5—Polyethylene Rinse Tank This item shall include all labor, material,equipment, and services necessary to refurbish and reuse the existing polyethylene rinse tank in the proposed washing ' system. The work provide herein will not be measured but will be considered a lump sum deduction if selected by the owner. ' Item No. 6—Connectivity to Gasboy Vending System This item shall Include all labor, material, equipment, and services necessary to refurbish and reuse the existing connection to the Gasboy vending system. The work provide herein will not be measured but will be considered a lump sum deduction if selected by the owner. 1 Item No. 7— Detail Pressure Washer This item shall Include all labor, material, equipment, and services necessary to ' design, construct, furnish, and Install a detail pressure wash system as specified In Section 11140—Vehicle Wash System. The work provided herein will not be measured for payment; rather it will be considered a lump sum unit and will be ' paid at the lump sum bid price. Item No. 8—Brush Module ' This item shall include all labor, material, equipment, and services necessary to design, construct, furnish, and Install a brush module as part of a vehicle wash system as specified in Section 11140—Vehicle Wash System. The work provided herein will not be measured for payment; rather it will be considered a lump sum unit and will be paid at the lump sum bid price. 1 1 1 `1 1 Federal Funds To be Used The City of Jefferson is a recipient of Ircdeml Transit Administration funds,therefore,the following requirements shall be fully considered in preparing bids and performing work under any resulting award. ' No Obligation by the Federal Government. (1)The Purchaser and Contractor acknowledge and agree that,notwithstanding any concurrence by the Federal ' Government in or approval of the solicitation or award of the underlying contract,absent the express written consent by the Federal Government,the Federal Government is not it party to this contract and shall not be subject to any obligations or liabilities to the Purchaser,Contractor,or any other party(whether or not a party to that contract) pertaining to any natter resulting from the underlying contract, ' (2)The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by ITA. It is further agreed that the clause shnll tint be modified,except to identify the ' subcontractor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Rein led Acts. (1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended, 31 U.S.C. § 3801 et sc .and US. DOT regulations,"Program Fraud Civil Remedies,"49 C,F.It. Part 31,apply to ' its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made,it makes,it may make,or causes to be made,pertaining to the underlying contract or the F7'A assisted project for which this contract work is being perforated. In addition to N other penalties that any be applicable,the Contractor further acknowledges that if it makes,or causes to be nade,a fnise, fictitious,or fraudulent claim,statement,submission,or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Itcmcdics Act of 1986 on the Contractor to the extent the Federal Government decors appropriate. ' (2)The Contractor also acknowledges that if it makes,or causes to be made,a false, fictitious,or fraudulent claim, statement,submission,or certification to fhc Federal Government under a contract connected with a project that is ' financed in whole or in part with Federal assistance originally awarded by FTA under line authority of 49 U.S.C. § 5307,the Government reserves the right to impose line penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l)on the Contractor,to the extent the Federal Government deems appropriate. ' (3)The Contractor agrees to include the above two chases in each subcontract Iinaeed in whole or in part with Federal assistance provided by I"I'A. It is further agreed that the clauses shall not be modified,except to identify the subcontractor who will be subject to the provisions. ' Access to Records The following access to records requirements apply to this Contract: ' I. Where the Purchaser is not it Slate bill a load government and is line 17A Recipient or it subgrantee of the 1'I'A Recipient in accordance with 49 C. F. It. 18.36(1),the Contractor agrees to provide line Purchaser,the I"I'A ' Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books,documents,papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions.Contractor also agrees,pursuant to 49 C. F. It.633.17 to provide lbe rl'A Administrator or his authorized representatives including any Ph10 Contractor access to Contractor's records and construction sites pertaining to it major capital project,defined at 49 U.S.C. 5302(a)I, • which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or it subgrantce of the 11'A Itecipient in accordance with 1 49 C.F.R.633.17,Contractor agrees to provide the Purchaser.the H'A Administrator or his authorized representatives,including any PMO Contractor,access to the Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1.which is receiving federal financial assistance through the programs described at 49 U,S,C.5307,5309 or 531 I.By definition,it major capital project excludes contracts of less Ihnn the simplified acquisition threshold currently set at$100.000. ' 3.Where the Purchaser enters into a negotiated contract Im other than a small purchase or under the simplified acquisition threshold and is nu institution of higher education,n hospital or other non-profit organization and is the Icl'A Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48,Contractor ngrccs to ' provide file Purchaser,FTA Administrator,the Comptroller General of the United States or any of their duly authorized representatives with access to any books,documents,papers and record of One Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. ' 4.Where tiny Purchaser which is the F I'A Recipient or n subgratnec of the PTA Recipient in accordance with 49 U.S.C,5325(n)eaters into n contract for a capital project or improvement(defined at 49 U.S,C.5302(x)1) through other than competitive bidding,One Contractor shall make nvailable records related to the contract to the Purchaser, ' the Secretary of Transportation laid the Comptroller General or tiny authorized officer or employee of any of them for the purposes of conducting all audit and inspection. S.The Contractor agrees to pennil any of the foregoing parties to reproduce by tiny nnenns whatsoever or to copy excerpts and transcriptions as reasonably needed. 6.The Contractor agrees to maintain all books,records,accounts and reports required under this contract for a ' period of not less than three years alter Ibe date of tennination or expiration of this contract,except in the event of litigation or settlement of claims arising from the performance of this comrnet,in which case Contractor agrees to maintain same until the Purchaser,the I"I'A Administrator,the Comptroller General,or tiny of their duly authorized representatives,have disposed of all such litigation,appeals,clainns or exceptions related thereto.Reference 49 CFR 18,39(1)(1)), ' 7.FTA does not require the inclusion of these requirements in subcontracts. Federal Changes ' The contractor shall m all lines comply with till applicable FTA regulations,policies,procedures and directives, including without limitation those listed directly or by reference in Ilse Agreement(Form ITA MA(10)dated October,2003)between Purchaser and 17TA,its they may be amended or promulgated from time to time during the term of this contract.Contractor's failure to so comply shall constitute u material breach of this contract. Civil Rights 7'hc following requirements apply to the underlying contract: (1)Nondiscrimination-In accordance witli Title VI of the Civil Rights Act,as amended,42 U.S.C. 0 2000d,section ' 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. § 6102,section 202 of the Americans with Disabilities Act of 1990,42 U.S.C, § 12132,and Federal transit law tit 49 U.S.C, p 5332,the Contractor agrees that it will not discriminate against any employee or applicant firr employment because of race,color,creed,national origin,sex,age,or disability. In addition,the Contractor agrees to comply with applicable Federal implenneming ' regulations and other implementing requirements FTA may issue. (2)Equal Gmnlovnlent Opportunity-'rhe fallowing equal employment opportunity requirements apply to the ' underlying contract: • (a)Race.Color,Creel.National Orivin,Sex- In accordance with Titic VII of the Civil Rights Act,its amended,42 U.S.C.§ 2000c,and Federal transit Imes at 49 U.S.C. S 5332,the Contractor agrees to comply with all ' applicable equal employment opportunity requirements of U.S. Department of Labor(U.S. DOL)regulations, "Office of federal Contract Compliance Programs. Equal Employment Opportunity,Department of Labor,"41 C.P.It. Parts 60 ci ea„(which implement Execmive Order No. 11246,"Equal Employment Opportunity;'as amended by Executive Order No. 11375,"Amending Executive Order 1 1246 Refining to Equal Employment Opportunity,"42 U.S.C. § 2000c note),and with tiny applicable Federal statutes,executive orders,regulations,and Federal policies that may in the future all'ect construction activities undertaken in the course of the Project.The ' Contractor agrees to lake affinnative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,creed,national origin,sex,or age. Such action shall include, but not be limited to,tine following:employment.upgrading,demotion or translcr,recruitment or recruitment advertising, layoff or Icmninmion:rates of pay or other loons orcompensation:and selection for training,including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. (b)Age•In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended, ' 29 U.S.C.§ § 623 and Federal transit Imv at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements PTA may issue. (c)Disabilities-In accordance with section 102 of the Americans with Disabilities Act,as amended,42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission,"Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.P.R. Part 1630,pertaining to cmplo)ancnl of persons with disabilities. In addition,the Contractor agrees to comply with any implementing requirements PTA may issue. (3)The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by PTA,modified only if necessary to identify the affected parties. Incorporation of FTA Terms NThe Recipient and contractor certify that emus in PTA C 4220.1 I:which replaces FTA C4220.1 D will be incorporated into contracts and subcontracts. ' Termination of Contract a.Termination for Convenience(General Provision)'I'hc(Recipient)may terminate this contract, in whole or in part,at any little by written notice to the Contractor when it is in the Govenmem's best interest.The Contractor shall be paid its costs,including contract close-out costs,and profil on work performed up to the tittle oftemninalion.'fhe Contractor shall promptly submit its tenninaion claim to(Recipient)to be paid the Contractor. If the Contractor has any property in its possession belonging to tine(Recipient),line Contractor will account for the same,and dispose of it in the manner the(Recipient)directs. b.Termination for Default lllreach or Causel (General Provision) If the Contractor does not deliver supplies in ' accordance with the contract delivery schedule,or,if the contract is for services,the Contractor fails to perform in the manner called for in the contract,or if the Contractor fails to comply with any other provisions of the contract, the(Recipient)may tenninae this contruct for default.Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in delault.'rile contractor will only be paid the contract price for supplies delivered and accepted,or services perforated in accordance with the manner of performance set forth in the contract. If it is Inter detenmincd by the(Itecipienl)than the Contractor had an excusable reason for not performing, such as a strike, fire,or flood,events which are not the Iaadt of or are beyond the control of the Contractor,the (Recipient),aRcr selling up a new delivery of performance schedule,may allow the Contractor to continue work,or treat[lie termination as a lennination for convenience. • c.Opportunity to Cure(General Provision)'rile(Recipient) in its sole discretion may,in the case of a lennination for breach or default,allow the Contractor inn appropriately short period of tinnc] in which to cure the defect. In such case,the notice of termination will slate the time period in which cure is penmiued and other appropriate conditions 1 If Contractor fails to remedy to(Recipient)'+satisfaction the breach or default of any of Ilse termns, covetn its,or conditions of this Contract within ten(10)days)after receipt by Contractor of written notice from it setting forth the nature of said breach or default.(Recipient)shall have the right to terminate tine Contract without any further obligation to Contractor.Any such lennination for default shall not in any way operate to preclude(Recipient) from also pursuing all nvaihnbhe remedies against Contractor and its sureties for said breach or default. d.Waiver of Remedies for oily Breach In tae event that(Recipient)elects to waive its remedies I'or any breach by Contractor of any covenant,tern.or condition of this Contract,such waiver by(Recipient)shall not limit ' (Recipicnt)'s remedies f'or any succeeding breach of that or of any other term.covenant,or condition of this Contract. e.Termination for Convenience(Professional or Transit Service Contracts)'file(Recipicm),by written notice, may terminate this contract,in whole or it%part,when it is in the Government's interest.If this cmntrnct is temninated, the Recipient shall be liable only for payment under the payment provisions orlhis contract for services rendered before the effective date of termination. f.Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to perform the services within(lie lime specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract,the(Recipient)may terminate this contract ror dcihult.The(Recipient)shall tenninate by delivering to the Contractor a Notice of Tennihumion specifying tae nature orthe default.'file Conlraclor will only be paid ate contract pace for supplies delivered and nceeptcd,or services performed in accordmncc with the manner or perfomnance set forth in this contract. If,alter temmination for failure to fulfill contract obligations, it is detennined that the Contractor was not in default,the rights and obligations of the parties shall be the same as if the teim»nntion had been issued for the convenience or the Recipient. J.Termination for Convenience of Default (Cost-Type Contracts)The(Recipient)may terminate this contract,or any portion of it,by serving a notice or termination on the CmnrlelDT.'fhe notice shall state whether the termination ' is for convenience orlhe(Recipient)or for the default of the Contractor. If the lemainalion is for default,the notice shall state the manner in which the contractor has failed to perform the requirements of the contract.The Contractor shall account far any property in its possession paid for front rands received front the(Recipient),or property supplied to the Contractor by the(Recipient). If the ternrinntion is for default,the(Recipient)may fix the fee,if the ' contract provides for a fee,to be paid the contractor in proportion to the value,if any,of work perfornned up to the tine of tcmnination.The Contractor shall promptly submit its termination claim to the(Recipient)and the panics shall negotiate the termination settlement to be paid tie Contractor. If the ierminntion is for the convenience of flic(Recipient), the Contractor shall be paid its contract close- out costs,and a fee,if the contract provided for payment of a fce,in proportion to the work performed up to the time or termination. ' If,ater serving it notice of temmination for default, the(Recipient)detcrinincs than the Contractor has all excusable reason for not perfomhing,such as strike, fire, flood,events which arc not the fault of and are beyond the ' control of the contractor,the(Recipient),aller setting up a new work schedule,may allow the Contractor to continue work,or treat the lemninatiom as a tennininlion for convenience. Disadvantaged Business roterprise To lite extent required by rederal law,regulation,or directive,the Recipient agrees to take ate following measures to facilitate participation by disadvantaged business enterprises(DBE) in the Project: (1) The Recipient agrees and assures thal fl will comply with TEA-21 § 1101(b),23 U.S.C. 0 101 note,and • U,S. DOT regulations,"Participation by Disodva ninged Business Enterprises in Department orTrauspurtation Financial Assistance Programs,"49 C.F,R. Part 26. (2) The Recipient agrees and assures that it shall not discriminate on the basis of race,color,sex,or national origin in the award and perforn ance of any third party contract,or subagrecment supported with Federal assistance derived from U.S.DOT or in the administration of its DBE program and will comply with the requirements of 49 C.F.R. Pan 26. The Recipient agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and subagrecntcnts supported with Federal assistance derived from U.S. DOT. As required by 49 C.F.R. Pan 26 and approved by U.S. DOT,the Recipient's DBE program is incorporated by reference and made part of the Grail Agreement or Cooperative Agreement. The Recipient agrees that implementation of this DBF progrun is a legal obligation,and that failure to carry out its Terms shall be treated as a violation of the Grant Agreement or Cooperative Agreement. Upon ' notification by U.S. DOT to the Recipient of its failure to implement its approved DBE program,U.S. DOT may impose sanctions as provided for under 49 C.F.R. Pan 26 and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C.§ 1001,and/or din Program Fraud Civil Remedies Act,31 U.S.C.§§ 3801 et seq. ' Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify that none of the contractor,its principals,as defined at 49 CFR 29.995,or affiliates,as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CPR 29,Subpart C and must include the requirement to comply with ' 49 CFR 29,Subpart C in any lower tier covered transaction it enters into. By signing and submi0ing its bid or proposal,the bidder or proposer certifies as follows: N The certification in this clause is a material representation of fact relied upon by the City of Jefferson. It if is later determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to remedies available to the City of Jefferson,the Federal Government may pursue available remedies,including but not limited ' to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period ofany contract that may arise from this offer. Tire bidder or proposer further agrees to include a provision requiring such compliance in its lower licr covered transactions. Buy American The contraclor agrees to comply with 40 U.S.C.53236)and 49 CPR Pan 661,which provide Thal Federal funds may not be obligated unless steel,iron,and manufactured products used in 17'A-funded projects arc produced in the United States,unless a waiver has been granted by VrA or the product is subject to a general waiver. General waivers arc listed in 49 CFR 661.9,and include final assemble in the United Slates of 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation,and microcomputer equipment and soRware. Separate requirements for rolling stock are set out in 49 U.S.C.53236)(2)(C)and 49 CFR 661.11 Rolling stock must be assembled in the United Stales and have a 60 percent domestic content. A bidder or offeror must submit to the PTA recipient the appropriate Buy America Certification(Below)with all bids or offers on F-m-funded contracts,except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does ' not apply to lower licr subcontractors. Certification requirement for procurement if steel,iron,or manufactured products. ' Certificate of Compliance frith 49 U.S.C. 5323(1)(1) The bidder or offeror hereby ccrhifacs that it will meet the requirements of49 U.S.C. 53236)(1)and the applicable • regulations in 49 CFR Parl 661.5. 1 Date Signature Company Name Title Centricaie of Non-Congilhatce u-ith 49 U.S.C. 5313(i)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.53230)(1)and 49 ' CPR 661.5,but it may qualify for as exception pursuant to 49 U.S.C.53230)(2)(A),53230)(2)(8),or 53230)(2)(D), and 49 C.F.R.661.7. Date 1 Signature Company Name ' Title Certification requirement for procurement of buses,other rolling stock and associated equipment. Ceriltficale of Compliance with 49 U.S.C. 53130)(2)(C). The bidder or offeror hereby certifies that it will comply with the requirements of49 U.S.C.53230)(2)(C)and the ' regulations at 49 CFR Part 661.11. Date Signature N Company Name Title ' Cer7ilicale ofNon-Compliance with 49 U.S.C. 5323(1)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of49 U.S.C.53230)(2)(C)and 49 CFR 661.1 I,but may qualify for nn exception pursuant to 49 U.S.C.53230)(2)(A),53230)(2)(8),or 53230)(2)(D), and 49 CFR 661.7. Date Signature Company Name Title 1 Breaches and Dispute Resolution Disputes-Disputes arising in the performmlce of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of(Rccipicntys[title of employee].This decision shall be final and conclusive unless within[ten(10)]days from tine date of receipt of its copy,the Contractor mails or otherwise furnishes n written appeal to the[title ofcmployce]. In connection with any such appeal,the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position,The decision of the[title ' of employee]shall be binding upon the Contractor and the Contractor shall abide be the decision. • Performance During Dispute-Unless otherwise directed by(Recipient),Contractor shall continue performance under this Contract while matters in dispute are being resolved. 1 1 Claims for Damages-Should either party to the Contract suffer injury or dmnage to person or property because of any act or omission of the party or of any of his employees,agents or others f'or whose acts he is legally liable,a claim for damages therefor shall be made fn writing to such other party within a reasonable tine after line first observance of such injury of damage. Remedies- Unless this contract provides otherwise,all claims.counterclaims,disputes and other natters fn question between the(Recipient)and the Contractor arising out ofor relining to this agreement or its breach will be decided by arbitration if the parties mutually agree,or fn a court of connpcicni jurisdiction within the Slate in which the (Recipient)is located. Rights and Remedies-The duties and obligations imposed by the Contract Documents and(lie rights and remedies available thereunder shall be fn addition to and not a limitation of any duties,obligations,rights and remedies otherwise imposed or available by law.No action or failure to act by Ibe(Recipient),(Architect)or Contractor shall constitute n waiver of any right or duty afforded any of them under the Contract,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. ' Lobbying Byrd Anti-Lobbying Amendment,31 U.S.C. 1352,as amended by the Lobbying Disclosure Act of 1995,P.L. 104-65 ' [to be codified at 2 U.S.C. # 1601,et seq.]-Contractors who apply or bid for an award of$100,000 or more shall file Ibe certification required by 49 CPR part 20,"New Restrictions on Lobbying," Each tier certifies to the tier above that it will not and has not used Federal appropriated fiords to pay any person or organization for influencing ' or attempting to influence an officer or employee of tiny agency,it member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Ench tier shall also disclose the nnnnc of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that N Federal contract,grant or award covered by 31 U.S.C. 1352.Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A,49 CM PART 20--CERTIFICATION REGARDING LOBBYING ' Certification for Contracts,Grants,Loans,and Coopperative Agreements (To be submilled with each bid or offer exceeding$100,(100) The undersigned]Contmctor]certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of dte undersigned,to any person for influencing or attempting to influence an officer or employee of nn agency,a Member of Congress,all officer or ennployee orCongress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making ofany Federal grant, the staking orally Federal loan, tic entering into ofany cooperative agreement,and the extension,continuation,renewal,amendment,or modification of tiny Federal contract,grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated fluids have been paid or will be paid to any person for making lobbying contacts to an officer or employee or any agency,a Member of Congress,an officer or employee of Congress,or an employee ora Member of Congress in connection wfth this Federal contract,grant,lone,or ' cooperative agreement,the undersigned shall complete and submit Standard Fonn••LI-L,"Disclosure Fortin to Reporl Lobbying," fn accordance with its instructions[as amended by"Government wide Guidance for New Restrictions on Lobbying; 61 Fed.Reg. 1413 (1/19/96).Note: Language fn paragraph(2)herein has been modified fn accordance with Section 10 of the Lobbying Disclosure Act of 1995(I'.L, 104.65,to be codified at 2 U.S.C. 1601,cl seq .)] (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgnuts,and contracts under grants,loans,and cooperative ' agreements)and that all subrecipienls shall certify and disclose accordingly. This certification is a material representation or fuel upon which reliance was placed when this transaction was made • or entered into.Submission of Ibis certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to it civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. Q 1352(c)(i)-(2)(A),any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure floral shall be suiliect to a civil penally ornot less than$10,000 and not more than$100,000 for cach such expenditure or fdlure.1 The Contractor, certifies or affinns the truthfulness and accuracy of each statement of its certification and disclosure,if any. In addition,the Contractor understands and agrees tint the provisions of 31 U.S.C.A 3801,et seq.,apply to this certification and disclosure,if any. Signature of Conlractor's Authorized Official Name and Title of Contraclor's Aulborired Official Date 1 Clean Air (1)The Contractor agrees to comply with all applicable slandards,orders or regulations issued pursuant to the Clean Air Act as amended,42 U.S.C. Ofi 7401 el seq. The contractor agrees to report each violation to the purchnser and understands and agrees thin line purchaser will, in turn report each violation as required to assurc notification to FTA ' and lite appropriate EPA Regional Office. (2)Tile contractor also agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. Clean Water (1)The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Fedend Water Pollution Control Act,as amended,33 U.S.C. 1251 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will,fn turn,report each violation as required to assure notification to 1'1'A and nine appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in cacti subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. ' Davis Bacon and Copeland And-Kickback Acts ' (1)Minimum wages-(1)All laborers and mechanics employed or working upon the site of the work(or under tine United Stales Housing Act of 1937 or under the I lousing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and without subsequent deduction or ' rcbale on any account(except such payroll deductions as are permiued by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash • equivalents thercoo due an time of paynnent computed at rates not less than those contained in tine wage determination of the Secretary of Labor which is allached hereto and made it pan hereof regardless of any contractual relationship which may be alleged to exist between the conractor and such laborers and mechanics, 16 Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis- , Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph(1)(iv)of this section;also,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plats, finds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage delennination for the classification of work actually perforated,without regard to skill,except as provided in 29 CPR fart 5.5(a)(4). Laborers or mechanics perforating work in more than one classification nmy be compensated at the rate specified for each classification for the time actually worked therein: Provided,That the employer's payroll records accurately set forth the time spent in cacti classification in which work is perfoned.The wage delentinalion(including any additional classifications and wage rates coufonted under paragraph(1)(ii)of this section)and lite Davis-Macon poster(WI I-1321)shnll be posted ' at all limes by the contractor and its subcontractors at the site of Ibc work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The contracting officer shall require that any class of laborers or mechanics,including helpers,which is not ' listed in the wage detentination and which is to be employed under the contract shall be classified in confontance with the wage deteratination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: ' (1) Except with respect to helpers as defined as 29 CPR 5.2(n)(4),the work to be performed by the classification requested is not peribrined by a classification in the wage determination;and ' (2)The classification is utilized in lite area by the construction industry;and (3)'file proposed wage rate, including any born fide fringe benefits,bears a reasonable relationship to the wage rates Ncontained in the wage dclennination;and (4)With respect to helpers as defined in 29 CPR 5,2(n)(4),such a classification prevails in lite area in which the work is perforated. ' (D) If lie contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount ' designated for fringe benefits where appropriate),a report of the action taken shall be seal by the contracting officer to the Administrator of the Wage and [lour Division,Employment Standards Administration,U.S. Department of Labor,Washington,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days orreceipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional tittle is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their ' representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer lite questions,including the views of all interested parties and the recommendation of the contracting onicer,to the Administrator for ' delentinalion.'11c Administrator,or rat authorized representative,will issue n delennination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional lime is necessary. 1 (D)The wage rate(including fringe benefits where appropriate)delennined pursuant to paragraphs(a)(1)(ii)(13)or ®)of this section,shall be paid to all workers performing work in the classification under this contract from the firsl day on which work is perforated in the classification. • (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a ' fringe benefit which is not expressed as nn hourly rate,ale contractor shall tither pay the benefit as stated in the wage 1 detemnination or shall pay another bona lido fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the mnount orally costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided.That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been nncl.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in confomnancc with the wage determination.The contracting officer shall approve an additional classification and wage talc and fringe benefits therefor only when the following criteria have been met: (1)The work to be perfornied by the classification requested is not perforated by a classification in the wage docurninafion;and (2)The clnssifncalion is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fade fringe benefits,bears a reasonable relationship to the wage rates contained in the wage detemtination. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount ' designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of rite Wage and I lour Division, Gnphoyment Standards Administration,Wnshingtou,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional M classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. ' (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions, including the views or an interested parties and the recommendation of the contracting officer,to the Administrator for delemnination.The Administrator,or an authorized representative,will issue a detemtination with 30 days of receipt and so advise line contracting ofliccr or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)detemnined pursuant to paragraphs(a)(I)(v)(B)or C)of this section,shall be paid to all workers perfomning work in the classification under this contract from the first day on which work is perforated in the classification. ' (2)Withholding-The City of Jefferson shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or ' any other Federal contract with line same prime contractor,or tiny other federally-assisted contract subject to Davis- Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as nay be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the ' event of failure to pay tiny laborer or mechanic, including any apprentice,trainee,or helper,employed or working on the site ofthe work(or under the United Stales I lousing Act of 1937 or under the I lousing Act of 1949 in the construction or development of the project),all or pan of the wages required by the contract,the City of Jefferson may,alter written notice to the contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of fronds mail such violations have ceased. '• (3) Payrolls and basic records-(1)Payrolls and basic records relating thereto shall be maintained by line contractor during the course of the work and preserved for a period of three years thereafter Ibr all laborers and mechanics 1 working at the site of the work(or under Ilse United States I lousing Act of 1937,or under the Ilousing Act of 1949, in the construction or development of the project).Such records shall contain the name,address,and social security number of cacti such worker,his or Ivor correct classificnion,hourly rates orwagcs paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions mnde and actual wages paid.Whenever the Secretary of Labor has found under 29 CPR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show tltat the commitment to provide such benefits is enfiorccable,That the plan or program is financially responsible,and(lint the ' plan or program has been communicated in writing to the laborers or mechanics ameted,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and ' certification of traince programs,the registration of Ibe npprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City ofJefferson for transmission to the Federal Transit Administration.The payrolls submitted shall set out accurately and completely all of Ibe infontation required to be maintained under section 5.5(a)(3)(1)of Regulations,29 CPR pan 5.This infonution may be submiued in tiny font desired.Oplional Porno W11-347 is available for This purpose and may be purchased from the Superintendent of Documems(Federal Stock Numbcr 029- 005.00014.1),U.S.Government Printing Oliice,Washington,DC 20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. ' (B)Each payroll submitted shall be accompanied by a"Statement of Compliance;'signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the inlonnntion required to be maintained under section 5.5(x)(3)(1)of Regulations,29 CFR part 5 and that such inl'onnation is correct and complete; (2)That catch laborer or mechanic(including each helper,apprentice,and traince)employed on the contract during the payroll period has been paid the full weekly wages canned,withoul rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages canned,other than penntissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work perforated,us specified in the applicable wage determination incorporated into the contract. ( c)'file weekly submission of a properly executed certification set firrth on the reverse side of Oplional Form WH- 347 shall satisfy line requirement for submission of the"Statement of Compliance" required by paragraph (a)(3)(ii)(B)of Ibis section. (D)The falsification of any orthe above ecrtilications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of Ibe United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(1)of this section ' available for inspection,copying,or transcription by authorized representatives of the Federal'fransit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit Due required records or to make Ihem available,the Federal ' agency may,allcr written notice to Ibe contractor,sponsor,applicant,or omier,take such action as may be necessary to cause the suspension orally further payment,advance,or guarantee of funds. Furlhenuore, failure to submit the • required records upon request or to make such records available may be grounds lift debanucnl action pursuant to 29 CFR 5.12. 1 1 (4)Apprentices and trainees-(1) Annrentices-Apprentices will be pennitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona tide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Bureau of Apprenticeship and Training.or with a Slam Apprenticeship Agency recognized by the Bureau,or if a person is employed in his or her first 90 days orprobalionary employment as an apprentice in such an ' appremiceship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency(where appropriate)to be eligible for probationary cuploync l as an apprentice.The allowable ratio of apprentices to journeymen on the job site in tiny craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll tit all apprentice wage rate,who is not registered or otherwise employed as staled above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed, hi addition,tiny apprentice performing work on thcjob site in excess of the ratio perinitted under the registered program shall be paid not less than the npplicablc swage rate on the wnge detemnination for the work actually performed.Where a contractor is perforating construction on a project in a locality other than that in which its program is registered,line ratios tind wage rates(expressed in percentages of the journeyman's Dourly rate)specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice most be paid at not less than the rue specified in the registered program for the apprentice's level or progress,expressed as a percentage of the journeyman hourly rue specified in the applicable wage delcrinination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage decrmination for the applicable classification.If the Administrator of the Wage and Ilour Division of the U.S.Department of Labor detennines that a dificrent practice prevails for the applicable apprentice classification, fringes shall be paid in nccordance with Thai detennination, In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau,withdraws approval of nn apprenticeship program,the contractor will na longer be pemtitted to utilize apprentices in less than the applicable predetcmnined rate for the work performed until tin acceptable program is approved. N (if)Traincex-Except as provided in 29 CPIt 5.16,trainees will not be permitted to work at less thin the predeteni fined rate for the work perforned unless they are employed pursuant to and individually registered in a ' program which has received prior approval,evidenced by rornnal certification by the U,S. Department of labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than pertained under the plan approved by the Employment and'1'mining Administration, Every trainee must be paid at not less than the rate specified in rite approved program for Ilse trainee's level of progress,expressed as a ' percentage of flee journeyman hourly rate specified in the applicable wage detennination.Trainees shall be paid fringe benefits fn accordance with the provisions of(he trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full announ(of fringe benefits listed on the wage detcmtination unless the Administrator of the Wage and I lour Division deternnines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage detennination which provides for less than full fringe benefits for apprentices.Any employee listed oil the payroll it(it trainee one who is not registered and participating in a training plan approved by the Employment and'fraining Administration shall be paid not less than Ilse applicable wage rate ' on the wage detennination for the classification orwork actually perlbnned, In addition,any trainee perforating work on the job sire in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage detennination for the work actually perf'onned. In the event the Employment and ' Training Administration withdraws approval of a training program,the contractor will no longer be pcmnitted to utilize trainees at less than the applicable predctemnined rate liar the work perforated until an acceptable program is approved. (iii) I'gual eniit)nvnnent onnnnunity-The utiliztition ol'npprentices,trainees and journeymen under this pnrt shall be in conformity with(he equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CPR part 30. ' 1.(5)Compliance with Copeland Act requirements-The contractor shall comply wfill the requirements of 29 • CPR pan 3,which are incorporated by reference in this contract. ' (6)Subcontracts-The contractor or subcontractor shall insert in any subcontracts the chases contained in 29 CPR ,• 5.5(a)(1)through(10)and such other clauses as the Federal Transit Administration may by appropriate instructions require,and also n clause requiring(lie subcontractors In include these clauses in any lower tier subconlracls.*file primc contractor shall be responsible for the compliance by tiny subcontractor or lower tier subcontractor with all the contract clauses in 29 CPR 5.5. (7)Contract Iernrinnflom debarment-A breach of the contract clauses in 29 CPR 5.5 may be grounds for termination of the contract,and for dcban nent as a contractor and a subcontractor as provided in 29 CF It 5.12. (8)Compliance with Davis-Bacon and Related Act requirements-All rulings and interpretations of the Davis- ' Bacon and Related Ac(s contained in 29 CPR parts I,3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards- Disputes arising oul ofdac labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set fortis in 29 CPR parts 5,6,and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. 1 (10)Certification of eligibility-(1)By entering into this contract,the contractor certifies that neither it(nor he or ' shc)nor any person or firm who has an interest in the contractor's firm is n person or Finn ineligible to be awarded Government contracts by virtue of section 3(a)or the Davis-Bncon Act or 29 CI'R 5.12(a)(1). (ii)No part of this contract shall be subcontracted to any person or fimn ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CI°R 5.12(x)(1). N (iii)'fhc penalty for ranking false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. Contract Work(lours and Safety Standards (1)Overtime requirements-No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or pemnit any such laborer or mechanic in any workweek its which he or she is employed on such work to work in excess of forty hours in such ' workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for nil hours worked in excess of forty hours in such workweek. (2)Violation;liability for unpaid wages; liquidated damages- In the event of any violation of the clause set forth in paragraph(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including ' watchmen and guards,employed in violation of the clause set forth fn paragraph(1)of this section, in the sum of S10 for cacti calendar day on which such individual was required or permiucd to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of ' this section. (3)Withholding for unpaid wages and liquidated damages-The City of Jefferson,Transit Division shall upon its ' own action or upon written request of nn authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable ran account of work pertbnned by the contractor or subcontractor under any such contract or any other Federal contract with the same primc contractor,or any other federally-assisted contract subject to the Contract Work I lours and Safety Standards Act,which is held by the saute prime contractor,such souls ' as may be determined to be necessary to sntisl'y any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)ofthis section. '• (4)Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 '• (1)through(4)of this section and also it clause requiring the subcontractors to include these clauses in any lower tier subcontracts.'file prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set Will in paragraphs(1)through(4)of this section. ' Bonding ' Bonding requirements must meet the mininuan requirements for constmclion coniracls as follows: ' a.A bid guarantee from each bidder equivalent to live(5)percent of the bid price.'1'he"bid guarantees"shall consist of Finn commitment such as a bid bond,ccrtificd check,or other negotiable instrument accompanying a bid as assurance that the bidder will,upon acceptance of his bid,execute such contractual documents as may be required ' within the time specified. b.A perfomnance bond on die part to the contractor for 100 percent of the contract price. A"performance bond" is one executed in connection with a contract to secure fulfillment of all file contractor's obligations wider such ' contract. c.A payment bond on the part of the contractor for 100 percent ol'the contract price.A"payment bond" is one executed in comeciion with a contract to assure payment.as required by law,of nil persons supplying labor and ' material in the execution of the work provided 1'or in the contract. Payment bond amounts required from contractors are as follows: (I)5o%of the contract price if the contract price is not more than$I million; (2)40%of the contract price if the contract price is more than$1 million but not more than$5 million;or ' (3)$2.5 million if the contract price is more than$5 million. d.A cash deposit,ccrtificd chuck or other negotiable instrument may be accepted by a grantee in lieu of perfonnance and payment bonds,provided the grantee has established a procedure to assure that the interest of FrA is adequately ' protected.An irrevocable letter of credit would also satisfy the requirement for a bond. Bid Bond Requirements(Construction ) ' (a)Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the City of Jefferson and listed as a ' company currently authorized under 31 CFR, Pan 223 as possessing a Certificate of Authority as described tbercundcr. (b)Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the City of Jefferson to reject any and all bids,or part ol'any bid,and it is agreed that the laid may not be withdrawn for a period of ninety (90)days subsequent to the opening of bids,without the written consent of the City. It is also understood and agreed that il'the undersigned bidder should withdraw any part or all of his bid within ninety(90)days nllcr the bid opening without the written consent o1'the City of Jefferson,shall refuse or be unable to ' enter into this Contract,as provided above,or refuse or be unable to fiurnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds,as provided above,or refuse or be unable to famish adequate and • acceptable insurance,as provided above,he shall forfeit his bid security to the extent of City of Jefferson damages ' occasioned by such withdrawal,or refusal,or innbility to enter into as agreement,or provide adequate security ,• therefor. It is further understood and agreed flint 10 the extend the defaulting bidder's Bid Bond,Certified Check,Cashier's Check,Treasurer's Check,and/or Official Bank Check(excluding any income generated thereby which has been retained by file City of Jefferson as provided in[Ifem x "Bid Security"of file Instructions to Bidders))shall prove inadequate to fully recompense the City of Jefferson for the damages occasioned by default,then file undersigned ' bidder agrees to indemnify file City of Jefferson and pay over to the City of Jefferson life difference between file bid security and the City of Jefferson's total damages,so as to make the City of Jefferson whole. ' The undersigned understands flint any material alteration orally of the above or any orate material contained on this fan n,other than that requested,will render the bid unresponsive. Performance and Payment Bonding Requirements(Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a)Perfomnnce bonds 1.The penal amount of perfonna ce bonds shall be 100 percent of life original contract price,unless the City of Jefferson determines that a lesser amount would be adequate for fire protection of the City of Jefferson. ' 2.The City of Jefferson may require additional perfarntance bond protection when a contract price is increased.The increase in protection shall generally equal 100 percent of the increase in contract price.The City of Jefferson may secure additional protection by directing the Contractor to increase the penal amount of flnc existing bond or to obtain an additional bond. (b)Payment bonds NI.The penal amount of life payment bonds shalt equal: (i) Fitly percent of the contract price if fine contract price is not more than$1 million. (fi)Forty percent of the contract price if life contract price is more than$1 million but not more than$5 million;or (iii)Two and one half million if fine contract price is more than$5 million. 2. If the original contract price is$5 million or less,the City of Jefferson may require additional protection as required by subparagraph I if the contract price is increased. Performance and Payment Bundling Requirements(Non-Construction) The Contractor may be required to obtain perl'onuanee find payment bonds when necessary to protect file City of Jefferson's interest. (a)The following situations may warrant a performance bond: 1.City of Jefferson property or funds are to be provided to the contractor for use in performing the contract or as 1 partial compensation as in retention of salvaged material. 2.A contractor sells assets to or merges with another concern,and the City of Jefferson,after recognizing the Inner concern as the successor in interest,desires assurance flint it is financially capable. • 3. Substantial progress payments arc Horde before delivery of end items starts. 4.Contracts are for dismantling,demolition,or removal of innprovenncros. '• (b)When it is determined that a perlbmance bond is required,the Contractor shall be required to obtain performance bonds as follows: ' I.The penal amount of performance bonds shall be 100 percent orlite original contract price,unless the City of Jefferson determines that a lesser amount would be adequate for the protection of the City or Jefferson. 2.The City orJefferson may require additional performance bond protection when it contract price is increased,'file increase in protection shall generally equal 100 percent of the increase in contract price.The City of Jefferson may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to ' obtain an additional bond. (c)A payment bond is required only when a perfannnuce bond is required,and if the use of payment bond is in ilia City of Jefferson's interest. (d)When it is dctcmnined that a payment bond is required,the Contractor shall be required to obtain payment bonds as follows: ' 1. The penal amount of payment bonds shall equal: (i)Billy percent of line contract price if the contract price is nol more than$1 million ' (ii)Forty percent of the contract price if ilia contract price is more dart$1 million but not more than$5 million;or ' (iii)Two and one half million if the contract price is increased. Advance Payment Building Requirements The Contractor may be required to obtain an advance payment bond if the contract contains nn advance payment provision and a perfornrance bond is not furnished.The City of Jefferson shall detennine the amount of the advance payment bond necessary to protect the City of Jefferson.. Patent Infringement Building Requirements(Patent Indeunity) The Contractor may be required to obtain a patent indemnity bond if a perfomance bond is not furnished and the ' financial responsibility of the Contractor is unknown or doublfid. The City of Jefferson shall dclennine the amount of the patent indemnity to protect the City of Jefferson. Warranty of the Work and Maintenance Bonds ' I.The Contractor warrants to the City of Jefferson,ilia Architect trod/or Engineer that all materials and equipment famished under this Contract will be of highest quality and new unless otherwise specified by the City of Jefferson, free from faults and defects and in conformance with the Contract Documents.All work not so confonning to these standards shall be considered defective. Ifrequired by Ibe 111rojecl Manager),the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2.The Work famished must be of first quality and the workmanship must be the best obtainable in Ilia various trades.'file Work must be of sure,substantial and durable construction in all respects,The Contractor hereby guarantees the Work against defective materials or foully workmanship for a minimum period of one(1)year after Final Payment by the City of Jefferson and shall replace or repair any defective materials or equipment or faulty ' workmanship during ilia period of the guarantee at no cost to the City of Jefferson.As additional security for these guarantees,the Contractor shall,prior to the release of Final Payment[its provided in Item X below), furnish separate Maintenance(or Guarantee) Bonds in form acceptable to the City orJeflerson written by the some corporate surety that provides the Perfornnance Bond and Labor and Material payment Bond for this Contract.These bonds shall secure the Contractor's obligation to replace or repair defective materials and foully workmanship for a mininam • period of one(1)year after Final payment and shall be written in all amount equal to ONE I IUNDRED PERCENT (100%)of the CONTRACT SUM,as adjusted(if at till). 1 1• Energy Conservation Requirements ' The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. PROTESTPROCEDURE ' For all bids not exempted from the competitive bidding procedures,the City of Jefferson will provide a tabulation of bids and recommendation for award by telephone, fax,or mail to all responding bidders, Bidders wishing to challenge the award decision shall have a specified lime,as listed on the recommendation for award,to file a bid protest with the purchasing agent. The protest period will be two(2)working dnys for telephone bids,tell (10)working days for informal written bids, and fifteen(15)working days for fonnal scaled bids. The protest must be filed in writing to tine purchasing agent and must specify the grounds upon which the protest is based. A valid protest must 1)come from an actual bidder or offeror for the request,and 2)who claim to be the rightful award. That is,protest is not valid if filed by it bidder who cannot show they would be awarded the ' contract if their protest were accepted. 'file purchasing agent will review the protest and issue it written decision. If the bidder disagrees with the decision of the purchasing agent,line decision may be appealed to the finance director. The request for appeal must be filed within a specified time,as listed on the protest decision,with the purchasing agent. The request must describe the specific reason for the nppeal and is limited to those matters that were raised in the original protest letter. The finance director will review the protest and issue n written decision. If the bidder is not satisfied,it may ask that its protest be considered by the city administrator if the award is less thnn$25,000,00 or the city council if ' the award is in excess of$25,000.00. Any decision regarding the matter made by the city ndminktralor or city council is final. All protests will be reported to the Federal Transportation Administration. ' PROMPT PAYMENT CLAUSE ' The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no Inter than thirty days front receipt of each payment the prime contract receives from City of Jefferson,Missouri. The prime contractor agrees further to return reminage payments to each subcontractor ' within thirty days nller the subcontractors work is sntislinctorily connpleted. Any delay or postponement of payment from the above rcl'ercnecd time forme may occur only for good cause following written approval of the City of Jefferson,Missouri. This clause applies to both DBE and 11011•DI31?subcontract, 1 1 RUG-14-2006 09:42 JEFF CITY COMM DEVELOPMEN 573 634 6562 P.02 ADDENDUM NO. 1 PROJECT NO.63014 VEHICLE WASH FACILITIES SYSTEMS RENOVATION AUGUST 112 2006 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. . BIDDER: INTERCLEAN EQUIPMENT INC. ' BY: MIA LAMMINEN ' TITLE: PRESIDENT CITY OF JEFFERSON,MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT 1 1 Page 2 012 ADDENDUM NO. 1 PROJECT NO. 63014 VEHICLE WASH FACILITIES SYSTEMS RENOVATION AUGUST 11, 2006 ' 1. The bid opening for this project is hereby changed to Friday, August 18, 2006 at 1:30 P.M. ' 2. The length of the contract is hereby changed to 80 (Eighty) Calendar Days ' 3. In the event that"Alternate A- Detail Washer"is not accepted,the existing detail sprayer is to remain and be integrated Into the new system. 4. The bidder shall submit with his bid: A.A listing of heavy duty vehicle wash system installations, by the bidder. ' This list shall include Installations made within the last five(5)years. The list need not Include more than 25 Installations. N B. Provide the name of contact person at each location who is familiar with the operation and maintenance of the wash system. ' 5. Section 11140 - Vehicle Wash System 1.02 Basis of Design section C shall be changed. The system shall satisfactorily wash up to 15 (Fifteen) vehicles per hour rather than the 30 originally specified. ' 6. The Pre Bid notes are by their inclusion made part of this addendum. 1 1 City of Jefferson = JohnMavodvvehr Department of Community Development . Patrick E.Sullivan,P.E.;Director 320 East McCarty Street Phone: (573)634-6410 Jefferson City, Missouri 65101 Fax: (573)634-6562 August 11, 2006 1 Attendees and Plan Holders Vehicle Wash Facility Systems Renovation, Project No. 63014 1 Subject: Vehicle Wash Facility Systems Renovation Project#63014 ' Pro-Bid Minutes Dear Attendees and Plan Holders, A pre-bid conference was held In the Thomas Jefferson conference room of City Hall on Tuesday, August 8, 2006, for the above noted project, Those attending the meeting are as listed below: NNAME REPRESENTING ' Larry Jones Double Check Jim Hall Rieskamp Terry Skora Rieskamp ' Brian Grinnell Grinnell Water Systems Mikko Lamminen InterClean Equipment Roger Stokes Stokes Electric Troy Wayman Belanger David Bange City of Jefferson Charles Lansford City of Jefferson Pat Sullivan City of Jefferson ' Janice McMillian City of Jefferson Richard Turner City of Jefferson ' The meeting proceeded with a general discussion of the planned project and an overview of the specifications. This letter summarizes the proceedings of that meeting and the questions received at ' the meeting. In addition, this memo contains any questions received by telephone, fax, e-mail etc. after the meeting and prior to the closure of the questions period. Below are the Items that were specifically discussed, ' ity or gef� erson (� 1{?I 1 COMMUNITY DEVELOPMENT "huildinq a batter community" F.ICITY•PnojcCTS103014•Vehiclo Wash SyslemlCouosAurrdencmArldnndunul l uoc ' 2 GENERAL COMMENTS: BID OPENING: Tuesday, August 15, 2006 at 1:30 p.m. (This requirement has changed SEE ADDENDUM #1) ' CONTRACT TIME: • 30 calendar days (This requirement has changed SEE ADDENDUM #1) LIQUIDATED DAMAGES: $500.00 a day. NOTICE TO PROCEED: The contractor can expect the notice to proceed near the end of September, 2006. No questions will be allowed after 12:00 PM, Thursday, August 101h at 12:00 noon. BID PACKET REVIEW: ' Attention was drawn to the following items. The bid form contains a single Item for the replacement for the washing system and line Items for deductions for the reuse of specific existing items. ' • The remainder of the forms shall be completed and returned with the bid submittal. SPECIFICATIONS REVIEW: N • The existing building will be used. The existing equipment will be removed from the building prior to the notice to proceed. The building will then be painted and left as an open shell for the new equipment. • The space around the building is confined, and because of this limitation the equipment is now located in the existing wash bay. The building is also rather confined. You can see the exact ' dimensions in section 11140 of bid book. The bidder will need to provide a system that will provide protection for the washing equipment, or provide equipment itself that will withstand the environment. • The HVAC system is to remain in place; any modification needed to the system needs to be ' included in the contractors bid. The same goes for the overhead and personal doors. • Section 11140—Vehicle Wash System o The bidder will provide with his bid the Items listed in section 1.01 —4 ' o Section 2.02 outlines the components of the system to be installed. QUESTIONIANSWER: (Received at the pre bid meetina and those received by telephone, etc. prior to 12:00 PM Thursday August 10, 20061 QUESTION: What are the criteria by which the bids will be judged? ' ANSWER: Once it is established that the bidder has submitted a system that meets the requirements set forth in the specifications, the decision will be based on the bid price, ' it y•— uu J I S of erson COMMUNRY DEVELOPMENT "building a better community" F'ACII Y-PROJECTSIG301d-VolnCIb Wash Sy,4010Con ospon,WrI-,:Ihd Ilk!nrun uil dnr. 1 ' 3 QUESTION: Will any consideration be given to the type of materials used in the system, for instance stainless steel vs, aluminum? ANSWER: The proposed system shall be constructed of materials that will withstand corrosion for its projected life. No other consideration will be made. ' QUESTION: The contract time is stated as 30 calendar days is this sufficient time to complete the project? ANSWER: That would be enough time to Install the system, however, some lead time perhaps as much as six weeks would be needed to manufacture the necessary equipment. (SEE ADDENDUM#1) QUESTION: What electrical amperages are available at the site? ANSWER: The panel at the eastern end of the building is 480 and the panel at the western end has both 120 and 208. ' QUESTION: Will the soap used in the system need to be manufactured by the equipment suppler in order to preserve the warranty? ANSWER: Each system is built differently and with different materials. The manufactures soap is ' designed to work with the system as a whole to ensure compatibility with the equipment. QUESTION: The specification lists two types of snow plow trucks. The blade width on these vehicles will force the system to be wider than is needed for the majority of the vehicles leading to a less efficient system. How many trucks with blades will be washed and is this requirement something the City truly desires? NANSWER: Yes, please bid the project as specified. QUESTION: Is there any desire to have reclaim tanks in the system? ' ANSWER: No. QUESTION: Why is there the requirement for only alkaline detergents? ANSWER: The City has specified alkaline detergents to meet the requirements of our wastewater ' treatment facility. QUESTION: What chemicals is the City presently using? ANSWER: The products that we are currently using are supplied by New Life Labs Inc. Perry Village, KS 26008. ' QUESTION: Will the overhead doors need to be automatically opened when a wash is purchased at the vending station? ANSWER: No, the overhead doors do not have to open with the vending system. QUESTION: Will the existing splash wall be left Intact and available to be used In the new system? ANSWER: Due to the corrosion that is present on the structure of the existing splash the city would ' like It to be replaced. QUESTION: It was mentioned that the price would be the determining factor for the project as long as ' Cit or ,,,. y II MI J rof erson o COMMUNITY DEVELOPMENT `bunking a bullet community" FiCITY.I'ROJEMS51;:501-1 'J,hu;l,•VJa-n; >u;mCnnr .trnul n'c.«N•:rirlr' :f !v,c 4 16 the bid met the specifications. What about the options, stainless steel construction, the brush module, and the pressure washer. Are these just add-ons after the decision has been made for an equipment supplier? ANSWER: The pressure washer and brush module are listed as options in the new system. If one or other or both of these options are chosen their cost will be considered in calculating the low bid for the project. QUESTION: Is there a specific type of curtain wail required? ANSWER: No certain type has been specified. The existing curtain wall is fiberglass and a wall of similar material would be acceptable but by no means prevents the suppler from selecting the material that is best suited to the proposed system. QUESTION: What is the name and phone number of the local Gas Boy representative? ANSWER: The local representative is Scott who is with Neumeyer. His number is (573)619-2912. QUESTION: What size is the machine room? ANSWER: At the present time there Is no separate machine room the equipment Is housed in the wash bay. As can be seen in the Bus Wash Floor Plan there is approximately 5, 8" of space between the wall and the edge of the overhead door with a few more feet to the guide rails. Sincerely, ' David Bange Design Engineer ' DB:db 1 ' City tt of erson ' COMMUNRY DEVELOPMENT 'building a better community" FACITY-PROJECTStG3014-Whido Wash Syslan�Coue:pontlencaV!Idendwrt1 Unc I LIST OF TOUCHLESS VEHICLE WASH INTERCLEAN REFERENCES Genesee County Minnesota DOT ' Public Works Garage Hutchinson Area Transportation Facility 211 West Oakley 1400 Highway 22 South Flint, MI 48503 Hutchinson, MN 55350 Mr.Tim Saban Mr, Doug Meier 810-7674920 612-234-4218 Truck43us Wash Bus/Truck Wash University of Michigan City of Los Angeles 1213 Kipke Drive 11050 Pendleton Street Ann Arbor, MI 48109 Sun Valley, CA 91352 Ms. Rene Jordan Mr. John Moore 734-764-2485 213-473-7864 Transit Sus Wash email:jamooreQsan,lacity.org Touchless Truck Wash City of Hibbing City of Huntsville 401 East 21"Street 4205 East Scrimsher Lane Hibbing, MN 55746 Huntsville,AL 35805 Mr. Ed Jylha Ms, Kathy Hunt 21B-263.5264 256-883-3984 Bus?rock Wash Buslfruck Wash Owensboro, City of Kentucky Dallas County Schools 2516 Lancaster Avenue 612 North Zang Blvd. Owensboro, KY 42301 Dallas, TX 75208 Mr. Tony G. Cecil Mr. Norman Baxter ' 270-887-8707 214-944-4550 Truck Wash Four Bush Wash Systems City of San Diego Public Works City of Minneapolis ' Central Operations Equipment Services Garage 1970 B St, Suite AMS 20 350 South V1 St San Diego, CA 92102 Minneapolis, MN 55415 619-527-7577 Mr. Bill Gauthier Truck Wash 612-673-5738 Bus/Truck Wash ' City of Milwaukee Pennsylvania Tumpike Authority 2313 W Canal Street 613 Pa. Route 51 Box 735 ' Milwaukee, WI 53215 Large, PA 15025 Mr. Dan Pitts Mr. Bruce Bdnkos 414.286.3407 724-494-6662 Truck Wash Salt Truck Wash RUG-16-2006 . 1700 JEFF CITY COMM DEVELOPMEN 573 634 6562 P.01 1 ADDENDUM NO.2 PROJECT NO.63014 VEHICLE WASH FACILITIES SYSTEMS RENOVATION AUGUST 16,2006 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. BIDDER: INTERCLEAN EQUIPMENT, INC. TITLE: PRESIDENT CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. 1 . DIRECTOR OF COMMUNITY DEVELOPMENT �1 i' 1 . ' ADDENDUIII NO. 2 1'RO.IE CT NO. 63(114 VEHICLE WASH FACILITIES SVSTEIIIS RENOVATION AUGUST 16, 211(16 1. Due to the desire to create criteria, apart from the simple installation cost, by which to select the best bid for this project, the bid opening will be delayed. The bid opening Is hereby changed to Thursday, August 24, 2006 at 1:30 P.M. The criteria will be enumerated in a forthcoming addendum. 1 1 1 AUG=18-2006 10:37 JEFF CITY COMM DEUELOPMEN 573 634 6562 P.01 ADDENDUM NO.3 ' PROJECT NO.63014 VEHICLE WASH FACILITIES SYSTEMS RENOVATION AUGUST 18,2006 ' I. The bidder will acknowledge receipt of this Addendum and his acceptance of its conditions by signing this Addendum and including it with his bid. BIDDER: INTERCLEAN EQUIPMENT, INC BY: � ` — TITLE: PRESIDENT - 1 CITY OF JEFFERSON,MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT 1• InterClean Equipment, Inc. Heavy Duty venkle Wash Systems August 21, 2006 ' City of Jefferson 320 East McCarty St. Jefferson City, MO 65101 RE: Project NO 63014 ' Dear Sirs, We are pleased to provide additional information to our bid submitted earlier as per Addenda 2 and 3 for the above project. A. Installation costs Setting equipment in piece $ 5,500.00 Interconnecting plumbing $ 8,600.00 Interconnecting wiring $ 7,500.00 B. Operational costs N Updated operational cost sheet attached based on costs provided to us ' C. Availability of Local Service Personnel Service personnel available within one day's notice. Most service issues can be done through remote diagnostics D. Availability of Replacement parts Percentage of parts available in Two Days Time: 90% Percentage of parts available in Four Days Time: 100% E. Additional Equipment Warranties ' Structural components: 10 years Centri"Spinners: 3 years All Other Components: 2 years Signed acknowledgements of the Addenda 2 & 3 are attached. ' Sincerely, . Mia Lamminen ' President Address:3939 Bestech Drive Ypsilanti,MI 46197 E•mail:6alesOnriall.Inlerclean.com Web She:www.inieteleen.com ' Phone:734975.2967 Fax:734975.1646 ' ALM-18-2006 10:38 JEFF CITY COMM DEVELOPMEN 573 634 6562 P.03 lh*****NOTE.: SEE ATTACAEn cnVER LETTRR CITY OF JEFFERSON CRITERIA FOR BID EVALUATION VEHICLE WASH SYSTEM PROJECT NO.63014 ' A. Installation Coat(70%) ' B. Operational Costa per Wash (16 0k) Provide information based on a Glllig Bus as listed In the specifications ** AT 1 MILE PER HOUR DRIVING SPEED Quantity Amount per Description Unit per Wash Unit Price Wash Water gal 150 0.008 .90 Detergents gal 0.15 7.00 1.05 Rinse Additives gal NONE Softener Salts lb n.25 0.40 0.01 Electric Kwh U-64 0.082 0.053 NGas cf n nia5 1.75 0.034 Other coats(please sped8y) Total Cost Per Wash 2.05 C. Availability of Local Service Personal(8%) See attached cover letter D. Availability of Replacement Parts(6%) Please list the following: ' Percentage of parts available in Two Days Time 90% Percentage of parts available in Four Days Time 1007. ' Percentage of parts available in Six Days Time 1007. ' E. Additional Equipment Warranties(8%) See attached cover letter '• 1 O�ty InterClean Equipment, Inc. Heavy Duty Vehicle Wash Systems August 21, 2006 ' City of Jefferson 320 East McCarty St. Jefferson City, MO 65101 RE: Project NO 63014 ' Dear Sirs, ' We are pleased to provide additional information to our bid submitted earlier as per Addenda 2 and 3 for the above project. ' A. Installation costs Setting equipment in place $ 5,500.00 Interconnecting plumbing $ 8,600,00 ' Interconnecting wiring $ 7,500.00 B. Operational costs N Updated operational cost sheet attached based on costs provided to us C. Availability of Local Service Personnel Service personnel available within one day's notice. Most service issues can be done through remote diagnostics D. Availability of Replacement parts Percentage of parts available in Two Days Time: 90% ' Percentage of parts avallable in Four Days Time: 100% E. Additional Equipment Warranties i Structural components: 10 years Centri"Spinners: 3 years All Other Components: 2 years ' Signed acknowledgements of the Addenda 2 & 3 are attached. ' Sincerely, • Mia Lamminen ' President Address:3939 Sestech Drive Ypsilanti,MI 48197 E-mail:selesmmall interclean.com Web She:www.intetclean.com ' Phone:734975•2967 Fax:734975.1645 ' RUO-SB-2006 10t3B JEFF CITY COMM DEVELOPMEN 573 634 6562 P.03 16******NOTE: SEE ATTACARn COVER LRTTRR CITY OF JEFFERSON ' CRITERIA FOR BID EVALUATION VEHICLE WASH SYSTEM PROJECT NO.63014 A. Installation Cost(70%) S. Operational Costs per Wash(150/6) Provide information based on a Glllig Bus as listed in the specifications ** AT 1 MILE PER HOUR DRIVING SPEED Quantity Amount per Description Unit per Wash Unit Price Wash ' Water gal 150 0.006 .90 Detergents gal 0.15 7.00 1.05 ' Rinse Additives gal NONE Softener Salts lb n.25 0.40 0.01 ' Electric Kwh n.64 0.082 0.053 NGas Cf n nta5 1.78 0.034 Other costs(please spe*) Total Cost Per Wash 2.05 ' C. Availability of Local Service Personal(5%) See attached cover letter ' D. Availability of Replacement Parts(0%) Please list the following; ' Percentage of parts available in Two Days Time 90% Percentage of parts avaliable In Four Days Time 100% ' Percentage of parts available in Six Days Time 100% E. Additional Equipment Warranties(6°k) See attached cover letter