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Home My Public Portal AboutORD14082 BILL NO. 2006-49 SPONSORED BY COUNCILMAN r� Martin ORDINANCE NO, /yy0 � AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING FOR THE CONSTRUCTION OF THE FROG HOLLOW DETENTION BASIN. WHEREAS, Don Schnieders Excavating has become the apparent lowest and best bidder on the Frog Hollow Detention Basin construction project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Don Schnieders Excavating is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayorand City Clerk are hereby authorized to execute an agreement with Don Schnieders Excavating for Construction of the Frog Hollow Detention Basin, 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:`.f"/'4-'� r a��v�� Approve • O06 residing Officer Mayor A EST: APPROVED AS TO FORM: Gh City ark City Counselor .� rt"J Pit t !+�' � 5 a as(��'1}�'s�tr{J}.r•jP I 1W <` a 4 n� r ad '• n 1 "lJ / ' Ta A�;T}: vf�y �a 4 A rr x X iS �"")�' P}�rJ�iiJ{}•�4{ltr�sZ�Y�br•tf>f,. 4 ,r�V�� G sh.x� ° r )�itr4'7 ^ji# Vv �•' �,`.A�as D » r r. y rJ'4f2�+�`e�s�t�ljfar{.Rdn F "y7,4t art"Ya r, 'tr a Lat t-{ {5+43 t J) r' Y, x�i✓ i i � �'f`n i ! iC ' i l 14 Y ,vvl r: _ S � 4t } ti J/,�i.�c` i,� r �Y 'Rv4•3��J`£�i�°y°i jaGtltt�r 't t�sE��t�r;x+. +' '�"✓';1{t IP,'F lVY �x,�+i}=`� �`� � � r� �' ��xr ,!�� ! `^.x ('( c.l+ - ! 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L..YYi.. al. r-:' F 1 i SPECIFICATIONS AND CONTRACT DOCUMENTS f PROJECT NO. 33046 Frog Hollow Detention Basin l 1 ' Jefferson City Department of Community Development July, 2006 1 `r� 1 TABLE OF CONTENTS ' Advertisement for Bids ' Notice to Bidders • Information for Bidders • Bid Form • Bid Bond ' • Anti-Collusion Statement ' • Contractor's Affidavit ' ' Minority Business Enterprise Statement • Minority Business Utilization Agreement ' • Affidavit of Compliance with Prevailing Wage Law NPrevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law • Excessive Unemployment Exception Certification Construction Contract .' Performance, Payment, and Guarantee Bond • General Provisions ' Special Provisions ' Attachments • Addendums ( If Any ) (' INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) ' ADVERTISEMENT FOR BIDS 1 Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street,Jefferson City,Missouri 65101,until 1:30 PM,on Tuesday,July 25,2006. 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"ProjectNo.33045,Frog Hollow Detention Basin" will include the furnishing of all material, labor, and equipment to construct a ' earthen dam with concrete outlet structure, and approximately 480 feet of sanitary sewer. ' A pre-bid conference will be held at 9:00 AM, on Tuesday, July 18, 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 maybe obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00)will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates ' established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive Informalities therein, to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON ' Terry Stephenson Purchasing Agent Publication Date Sunday, July 9, 2006 '• 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, July 25, 2006. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed workforthe project entitled"ProjectNo.33045,Frog Hollow Detention Basin" will Include the furnishing of all material, labor, and equipment to construct a earthen dam with concrete outlet structure, and approximately 480 feet of sanitary sewer. ' A pre-bid conference will be held at 9:00 AM, on Tuesday, July 18, 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 forbidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans maybe ' obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI 1 ' Patrick E. Sullivan, PE Director of Community Development '• INFORMATION FOR BIDDERS ' IB-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. 33046, Frog Hollow Detention Basin" in accordance with the plans and specifications ' on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and ' equipment to construct earthen dam with concrete outlet structure,and approximately 480 feet of sanitary sewer. ' I8-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, ' specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. ' IB-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall ' then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications ' shall not relieve the Contractor from delivering the completed project in accordance with the Intent of the Plans and Specifications to provide a workable project. I13-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such Investigations as deemed necessary to determine the ' ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder 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-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties Imposed by the general design,subject to the approval of the City. 1 ,• I" 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. I8-7 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. ' IS-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature Involved In Its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the ' purchase of goods and materials for this project. The contract forthe project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 ' from an Individual supplier. All sales taxes on those Items which do not qualify for the use of the City's sales tax exemption ' and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. ' IB-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the ' quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item ' and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best Information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. '• IS-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. I13-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 33045, Frog Hollow Detention Basin". ' IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in ' the best Interest of the City will be used. IS-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. NIB-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%) 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. ,• IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to Indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other ' expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. ' IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unlessthe same shall have been presented for collection priorto such time,in which case the amount of the deposit will be refunded by the City. IS-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 ' through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination Included herewith.) ' I8-21 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 orderthe 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. IS-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of ' Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible Interference to traffic and Inconvenience to the public,the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence In which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 60 working days. IB-26 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 Attomeys-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 320 E. McCarty Street ' Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been Included with the _ project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet Include the following: 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT END OF INFORMATION FOR BIDDERS 1 L ' '• BID FORM Name of ' Bidder Ion Schnieders Excavating Company, Inc. Address of Bidder 1307 Fairgrounds Road, Jefferson City, MO 65109 To: CITY OF JEFFERSON 320 East McCarty Street ' Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER,having examinedthe plans,specifications, regulations ' of the Contract, Special Conditions, other proposed contract documents and all addenda thereto;and being acquainted with and fully understanding(a)the extent and character of the work covered by this Bid; (b)the location, arrangement, and specified ' requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other ' installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation,hauling,and rail delivery facilities;and(1)all other factors and conditions affecting or which may be affected by the work. ' HEREBY PROPOSED to fumish all required materials,supplies,equipment,tools, and plant; to perform all necessary labor and supervision; and to construct, Install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time ' prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in ' the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: ' Page 1 of 2 '• CITY OF JEFFERSON ITEMIZED BID FORM ' FROG HOLLOW DETENTION BASIN PROJECT NO.32045-0002 ' ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Clearing and Grubbing LS 1 15,180.00 15,180.00 ' 2 Removals LS 1 7,000.00 7,000.00 3 Earthwork LS 1 137,870.00 137,870.00 ' 4 Rock Excavation CY 30 200.00 6,000.00 5 Rock Filter Dam TON 50 16.00 800.00 6 Straw Bale Ditch Check EA 20 95.00 1 ,900.00 7 Silt Fence LF 500 3.00 1 ,500.00 ' 8 Temporary Mulch SY 4,800 0.20 960.00 ' 9 Temporary Seeding SY 4,800 0.20 960.00 10 6'x 4'Inlet EA 1 6,500.00 6,500.00 11 24"Die. RCP, Class III LF 14 80.00 1 ,120.00 12 48"Dia. RCP, Class III LF 136 125.00 17r000.00 ' 13 Seep Collar EA 1 1 ,200.00 _1 ,200.00 14 Cast in Place End Section for 24"Pipe EA 1 11425.00 1 ,425.00 ' 15 Cast in Place End Section for 48"Pipe EA 1 3,200.00 _ 3r200.00 16 Gabion Basket CY 11 325.00 3,575.00 ' 17 Gabion Mattress CY 12 300.00 3,600.00 18 18"Die.Aluminized CSP LF 16 45.00 720.00 ' 19 Metal End Section for 18"Pipe EA 1 200.00 200.00 20 4'Dla, Slormwaler Manhole EA 1 1 ,500.00 1 ,500.00 ' 21 4'Dia. Sewer Manhole EA 3 2,000.0 6,000.00 22 8" PVC pipe LF 469 33.00 150477.00 ' 23 7" PCC Residential Drive Approach SY 6 120.00 720.00 24 7" PCC Residential Drive SY 14 75.00 1 ,050:00 25 Greenway Trail Gale EA 1 21000.00 2,000.00 26 Single Net Straw Blanket SY 500 2.05 1 ,025.00 27 Permanent Turf Reinforcement SY 2,360 5.75 13,570.00 ' Page 2 of 2 ' ITEM APPROX. UNIT • NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT '. 28 Hydroseeding AC 4 2,035.00 8,140.00 29 Quality Assurance Testing LS 1 10,000.00 10,000.00 ' TOTAL BASE BID 270,192.00 7/25/06 Signature of Bidder Date 1 ,• SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. ' Schrimpf Landscaping, Inc. ' TIME OF COMPLETION The undersigned hereby agrees to complete the project within 30 working days, ' subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted,the prices quoted above include ' all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested ' in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person,company, or parties making a bid; and that It Is in all respects fair and in good faith, without collusion or fraud. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fall or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid Is withdrawn, the undersigned will, within ten (10) days after the date of such mailing,telegraphing, or delivering of such notice, execute and deliver ' a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: T307 Fairgrounds Road, Jefferson City, Mo 65109 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 5e of 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, Don schnieders Excavating Company? Inc. by Title vice President ' SEAL Business Address of Bidder 1307 Fairgrounds Road Jefferson City, Mo 65109 If Bidder Is a corporation, supply the following information: ' State in which incorporated Missouri Name and Address of its; ' President Mary Jane M. Rhea 1307 Fairgrounds Road Jefferson City, MO 65109 Secretary Ann.F. Bax 1307 Fairgrounds Road ' Jefferson City, Mo 65109 Date 7/25/06 1 1• BID ' KNOW ALL MEN BY THEOSE PRESENTS, that we, the ' undersigned,Don Schnieders Excavating Company, Inc._______as Principal, and Safeco Insurance Company of America as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of Five Percent of Amount Bid (5%) for the payment of which, well and truly to be made, we hereby jointly and severalty bind ourselves, our heirs, executors, administrators,successors and assigns,this 25th day of July 2pp 6_. ' 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.33046,Frog Hollow Detention Basin" ' NOW,THEREFORE, (a) If said Bid shall be rejected, or in the aftemate, ' (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 fumish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith,shall in all other respects perform the agreement created by the acceptance of said Bid, ' then this obligation shall be void,otherwise the same shall remain in force and effect; It being expressly understood and agreedthatthe liability of the Suretyfor any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be In no way impaired or affected by the extension of the time within Mich the Owner may accept such Bid;and said Surety does hereby waive notice of any such ' extension. IN WITNESS WHEREOF,the Principal and the Surety have hereunto set their hands ' and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. ' Don Schnieders Excavating Company, In.�L,S,) Pnncipal, �(j 9y: •---.�OaQ Cam. CtX�—..� ' SEAL Safeco Insurance Company qLAmerica Surety Kris L. Bennett, Attorney-in-Fact S A F E C O' SAFECO Insurance Company ' PO Bas Saolllo,WA WA 9 111244526 • ACKNOWLEDGMENT BY SURETY STATE OF Missouri c. ss. County of Cole f On this 25th day or July 2006 , before me personally ' appeared Kris L. Bennett known lo, nm to be the Alionleyin•Facl of SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY _.the corporation that executed the within instrument.and acknowledged to me that such corporation executed the same. ' IN WITNESS WHEREOF, 1 haw hereunto set my hand and alrixed my oRcill seal,at my office in file aroresaid County.the day and year in this ceri f sate first above written. Notary Public'n the state of Missouri (Seal) county or Osage . JANET HASLAG NOTARY PUBLIC•NOTARY SEAL. STATE OF MISSOURI O"TY OF OSAGE !fit GCiinnNelNbfl Etl mm October 18,2008 li02301SAEF 10!00 ®A regislared Irademmk or SAFECO Carporallop FRP 1 1 SAFECO" POWER SAFE RA INSURANCE COMPANY OF AJAMERIC GENERALICE. S NCECOMZA OF AMERICA U OF ATTORNEY HOME OFFICE. SAFECO PLAZA • SEATTLE,WASHINGTON 09185 No. 6192 KNOW ALL SY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation. does each hereby appoint ' "'"40000""..........LOUIS A.LANOWEIIR:KRIS L.BENN1Tl':CIIAIUXS E.THADUL.REV HACKERS;Jenerson Cltl.Missotin"""•""^""'"""""""•""^ iIts true and lawful attomey(s)-in-feel,with full authority to execute on Its behalf Fidelity and surety bonds or undertakings and other documents of a similar character Issued In the course of Its baSlneaS,and to bmd the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents This 16Th day of June 2003 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK.PRESIDENT ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: ' "Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the ofhcar In charge of surety operations,shat)cacti have authority to appoint Individuals as allomeys-in-fact or under other appropriate titles with sulhoriry to execute on behalf of the company Fidelity and surety bonds and other documents of similar character issued by the company In the course of its business...On any Instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any Instrument con(aming such authority N or on any bond or undertaking of the company,the seal, or a facsimile thereof,may be Impressed or affixed or In any other manner reproduced; provided, however,that the goal shall not be necessary to the vaLdlty or any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICAadapted July 26,1970. ' "On any certificate executed by the Secndary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power-ol-altomey appoinlmaM,executed pursuant thereto,and (III) Certifying that said power-ofaflomey appointment Is In full force and effect, ' the signature of the certifying officer may be by facsimile,and the seal of the Company may be a faca(m(to(hereof I,Christina Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the ByLows snd of o Resolution of the Board of Directors of these eurpuratmns,and of a Power of Attorney Issued pursuant thereto, 1 are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF,I have horeunto set my hand and affixed the facsimile seal of said corporation 1 this 25th day of July 2006 1 1 Cl�yk� ECOpp WWI SEAL o SEAL E �� 1953 ✓ /s2s F07 '�eay�t0. CHRISTINE MEAD,SECRETARY S-0970SAEF Vat 0 A registered Vaaemark of SAFECO Coryoranon 0611612003 PDF IMPORTANT SURETY BOND INFORMATION MISSOURI ' Your Safeco agent is a professional independent Insurance Agent, if you have specific questions about your Surety Bond, you may direct them to your agent. MISSOURI SPECIFIC QUESTIONS If you have been unable to contact or obtain information from your agent, you may contact Safeco at the following address and telephone: AMERICAN STATES INSURANCE COMI'AM' SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Adams Building �- 4634 154th PL NE Redmond.VIA 98052 Mailing Address: _ P.O. Box 34526 Seattle,WA 98124 Telephone 4425-376-6535 G•3555MAEF5733 FRP ,• ANTI-COLLUSION STATEMENT STATE OF Missouri ) ' COUNTY OF Cole ) Donald E. Rhea being first ' duly swom, deposes and says that he is vice President of TITLE OF PERSON SIGNING Don Schnieders Excavating Company, Inc. NAME OF BIDDER that all statements made and facts set out in the bid forthe above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid)has not, either directly or indirectly, entered into any agreement,participated in any ' collusion, or otherwise taken any action In restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. Aff lent further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. n ! Q (BY) ..Xd f ' (BY) ' Sworn to before me this 25th day of July 200 6 NOTARY PUBLIC My commission expires: 2-26-2009 EJANET ATERSTRADT lic•Notaryy seaturl•County of Cole on�#05540606 z�9 1� R '• CONTRACTOR'S AFFIDAVIT ' This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. ' STATE OF Kissouri ) COUNTY OF Cole ) ss) 1 The undersigned, Donald E. Rhea of lawful age, being first duly swom states upon oath that he is Vice President of ' Don Schnieders Excavating Company, 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 ' Subscribed and swom to before me, a Notary Public, in and for the County and State aforesaid, this 25th day of July —, 20 06 NOTARY PUBLIC 1 My Commission Expires: 2-26-2009 JANET K.Wc-Nola Seal Notary Public�Notary Seal State of Missouri•County of Cole 1 My Commission Evires Feb.26,2009 commission#05546606 1 ,• MINORITY BUSINESS ENTERPRISE STATEMENT Contractors bidding on City contracts shall take the following affirmative steps to assure ' that small,women owned,and minority business are utilized when possible as sources of suppliers, services, and construction items. ' 1. Contractor's will submit the names and other information if any,about their MBE sub-contractors along with their bid submissions. ' 2. Sufficient and reasonable efforts will be made to use qualified MBE sub- 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. r 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 two (2) % of the contract, If awarded,for Minority Business Enterprise (MBE). For purposes of this goal,the term "Minority Business Enterprise" shall mean a business: 1. Which is at least 51 percent owned by one or more minorities or woman, or, in the case of a publicly owned business, at least 51 percent of the stock of which Is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. "Minority Group Member" or"Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is: 1 1. Black (a person having origins in any of the black racial groups of Africa); ' 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean island, regardless of race); N3. 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 maybe employed as contractors,subcontractors, or,suppliers. 1 1 l '• 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 inorit , Firms Participation Participation , zir— & � cl pppg= � 25,955.00 a ND 65110 1 Total Bid Amount: 270,192.00 Total: 25,955.00 ' Percentage of Minority Enterprise Participation: 9.6 % ' 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 N 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. Donald E. Rhea NAMES ,/J OF AUTHORIZED OFFICER DATE 7/25/06 �, _ Xvr T- . 1 r� SIGNATURE OF AUTHORIZED OFFICER i '• AFFIDAVIT COMPLIANCE WITH PREVAILING ' WAGE LAW ' Before me, the undersigned Notary Public, in and for the County of State of personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly swom 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. 33045, Frog Hollow Detention Basin located at Jefferson City in Cole County, Missouri, and completed on the day of 20_. ;1 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 HOUR SECTION ' p T F1 s h SAP o O � �71dWU' -u O �y Mnct�A� � ' MATT BLUNT. Governor N 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 has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by f iling an objection in triplicate with the Labor and Industrial Relations Commission. P.O. Box 599. .fefferson City. MO 65102-0599. Such objections must ' set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards. P.O. Box 449, Jefferson City, MO 65102.0449 pursuant to R CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of ' State of Missouri. Original Signed by Allen H. Dillingham, Director Division of Labor Standards ' This Is A Truc And Accurate Copy Which Was filed Willi The Secretary of State: March 10,2006 Last Date Objections May He Piled: Auril 10,2006 • Prepared by Missouri Department of Labor and Industrial Relations 1 1 Building Construction Rates for REPLACEMENT PAGE Section 026 •, COLE County ' -Effective Basic Over- OCCUPATIONAL TITLE Dale of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker $26.44 55 60 $12.76 , Boilermaker $20.19 57 7 $17.42 Bricklayers-Stone Mason $25.30 59 7 $10.12 Carpenter $21.13 60 15 $9.58 Cement Mason $20.99 9 3 $9.31 Electrician Inside Wireman $28.32 1 26 1 7 1 $10.50+ 13% Communication Technician I JUSE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a S35.815 26 54 $14.554 ' O eratin Engineer Group 1 $24.07 86 66 $14.53 Group II $24.07 86 66 $14.53 Group III $22.82 86 66 $14.53 , Group III•A $24.07 86 66 $14.53 Group IV $21.84 86 66 $14.53 Group V $24.77 86 66 $14.53 ' Pipe Fitter b 1 $30.751 91 69 1 $17.43 Glazier $15.00 FED $1.42 Laborer(Building): General $17.87 110 7$19.87 $8.43 , First Semi-Skilled 110 7 $8.43 Second Semi-Skilled $18.87 110 7 $8.43 Lather USE CARPENTER RATE Linoleum Laver&Culler USE CARPENTER RATE Marble Mason $25.39 59 7 $10.12 Millwright 1 $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 S21.50 FED $3.20 Pile Driver $22.13 60 15 $9.58 , Roofer $24.75 12 4 $8.99 Sheet Metal Worker 1 $24.64 40 1 23 $10.81 Sprinkler Fitter $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 5 $7.50 ' Group II $20.90 101 5 $7.50 Group IV $21.20 1 101 5 $7.50 Traffic Control Service Driver , Welders-Acel lone&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. *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER N0, 13 5100 ' 1 1 1• Building Construction Rates for Section 026 COLE County Footnotes Effective Basic ver. 1 OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 1 1 Welders receive rate prescribed for the occupational title performing operation to which welding Is Incidental. Use Building Construction Rates on Bullding(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational Illlos not listed In Heavy Construction Sheets,use Rates shown ,1 on Building Construction Role Sheol. a-Vacation: Employees over 5 years-8%: Employees under 5 years-6% ,1 b- All work over S3.5 Million Total Mechanical Contract-$30.75,Fringes-$17.43 Al work under$3.5 Million Total Mechanical Contract-528.41,Fringes-S13.33 �N ,1 1 1 1 1 1 . ANNUAL WAGE ORDER NO.13 3106 1 1 COLE COUNTY OVERTiNIE SCHEDULE ' BUILDING CONSTRUCTION PION • FED: Minimum requirement per rair Labor Standards Act ntcaas lima and one-info '/2)shall he paid for all work In excess ' of forty(40)hours per work week. NO.9: Means ilia regular workday stoning lime of 8:00 a,nt,laud resulting quilting tine of 4:30 p.ntl may be movcJ fonvarJ to ' 6:00 a.m. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(I%2) times ilia regular pay. In ilia event time is lost during Iimc work week due to weather conditions,the Employer may schedule work oil the following Saturday at straight time, All work accomplished on Sunday and holidays shall be compensated for at double Ilia regular rate of wages. 'rhe work week shall be Monday through Friday,except for ' midweek holidays. NO. 11: Means eight(8)hours shall constitute n day's work,with the starting time to he established between 6:00 a.m.and 8:00 a.m.front Monday to Friday. Tintc and one-half(I'/,)shall be paid for first two(2)hours of ovenimc Monday through 1'riday and ' the first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2)tittle rate. Double(2)time shall be paid for all lime on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.nn, and shall continue through the following rriday, ' inclusive of each week. Alt work perfonncd by employees anywhere in excess of forty(40)hours in one(I)Work week,shall be paid for at the rate of one and mnc•half(I'h)times ilia regular hourly wage scale. All work perfonncd within the regular working hours which shall consist of n tau(10)hour work day except in emergency situations. Overtime work and Saturday work shall IV ' paid at one and one-half(I%,)limes the regular hourly rate, Work on recognized holidays and Sundays shall be paid at two(2) times the regular hourly rate. NO. IS: Means the regular work day still]] be eight(8) hours. Working hours are front six(6)hours before Noon(12:00)to six , (6)hours after Noon(12:00). The regular work week shall be forty(40)hours,beginning between 6:00 a.m.and 12:00 Noon on Monday and ending between 1:00 p.m.and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(I'/2). Sunday and Holidays shall be paid at double(2)tittle. Saturday can be it make-up day if Ilia weather has forced a day off,but only in ilia week of the day being lost. Any Ihne before six (6) hours before Noon or six(6) hours after Noon will be paid at time and one-half (1'/,). NO.26: Means that ilia regular working day shall consist of eight (8)hours worked between 6;00 a.m.,and 5:00 p.m., five(5) , days per week,Monday to Friday,inclusive.Flours of work at each jobsite shall be those established by the general contractor and worked by ilia majority of trades. ('file above working hours may be changed by nmuuni agreement). Work performed on Construction Work on Saturdays,Sundays and before and after ilia regular working day on Monday to Friday,inclusive,shall be classified as overtime,and paid for at double(21 the rate of stngk.tints:. The emptoyer nmy establish hours worked on a jobshe for , a four(4)ten(10)hour day work week at straight time pay for construction work;ilia regular working day shall consist of ten(10) hours worked consecutively,between 6:00 u.m.and 6:00 p.m„four(4)days per week,Monday to Thursday,Inclusive. Any work perforated on Friday,Saturday,Sunday and holidays,and before and rifler the regular working day on Monday to Thursday where a four(4)ten(10)hour day Workweek has been established,will be paid at rim times(2)the single time rate of pay, The rate of ' pay for all work perforated on holidays shall be at two tines(2)time single little rate of pay. 1 1 ANNUAL 1\'ACF:OItDlili NO, 13 A W I J 026 OT.doc Page 1 of 5 Page% ' COLB COUNTY OYERTIMi•,SCIIISDVIX • II1111.DING CONSTRUCTION NO.28, Mcans a regular workday shall consist oreiglu (8)hours between 7:00 a.m.and 5:30 p.m., with at least n thirty (30) minute period to be taken for lunch. rive(5)days a week, Monday through Friday inclusive,shall constitute a work week. The Employer has the option for n workday/workweek of four(4)tat(10)hour days(4.10'x)provided: ' -The project must he for a minimum of four W)consecutive days. -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin an either a Monday or Tuesday: if it holiday falls within that week it shall be a consecutive work day. (Alternate: If n holiday falls in the middle of a week, then the regular eight (8) hour schedule may be ' impfenncnted). -Any time worked in excess of any tell(10)hour work day(in a 4-10 hour work week)shall be at tine appropriate overtime rate. All work outside of Ilse regular working hours as provided,Monday through Saturday.shall be paid at one&one-half(1'11)times the employee's regular rate of pay. All work performed from 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall he paid at double(2)the straight little hourly rate of pay. Should employees work in excess of twelve(12) ' consecutive hours they still]]be paid double time(2X)for nil time after twelve(12)hours. Shill work perrorntcd between the hours of 4:30 p.m.and 12:30 a.m.(second shill)shall receive eight(8)hours pay at the regular hourly role of pay plus tan(10%) percent for seven and ono-half(7'11)hours work. Sbiil work performed between the hours of 12:30 a.m.and 8:00 a.m.(third 511111) shall receive eight(8)hours pay at the regular Itnurly rate of pay pins fificen(15%)percent for seven(7)hours work. A lunch ' period of thirty(30)minutes shall be allowed on each shill. All overtime work required aver the completion ore regular shill shall be paid at one and one-half(1'/,)times the shift hourly rate. ' N0.40: Means the regular working week shill consist of five(5)consecutive(8)hour days'labor on the Job beginning with Monday and ending with Friday of each wcck. Four(4) 10•hour days may constitute the regular work week. The regular working day shall consist of eight(8)hours labor on the Job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor perforated during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at time and one-half(I%,)the regular hourly rate. All hours worked on Sundays and holidays and all bours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2)times the regular hourly rate. In the event of rain,snow,cold or excessively windy weather on a regular working day,Saturday may be ' designated as o"make-up"day. Saturday may also be designated as a"make-up"rimy, for nn employee who has missed a day of work for personal or other reasons. I'a), for"make-up"days shall be at regular rates. NO*11: Means the regular work day shall be eight(8)hours between 6:00 ..m.and 4:30 p.m. The first two(2) hours or work perfommed in excess of the eight(8)hour work day.Monday through Friday,and the first tell 00) hours of work on Saturday, shall be paid at one&one-half(I%)times the straight time rate. All work perforated on Sunday,observed holidays and in excess of ten(10)hours a day,Monday through Saturday,shall he paid at double(2)the straight time rate. NO.57: Means eight(8)hours per day shall constitute a day's work and forty(40)hours per week,Monday through Friday,shall constitute a week's work, The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent or authorized personnel. When circumstances warrant,the Cnnployer may change(tic regular workweek to four(4)ten-hour days at ' the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and alter the established workday ofeighl(8)(tours,Monday through Friday,all tittle worked on Saturday,shall be paid of the rate of time and one-half(I%) except in cases where work is pan or an employee's regular Friday shill. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. 1• ' ANNUAL WAGE ORDER NO. 13 AW 130.16 07'. w Page 2 of5 Pages 1 COL.COUN'1'V OVERTIN1E SCIIEDULE ' BUILDING CONSTRUCTION • NO.59: Means that except as herein provided,eight(8)hours it day shall constitute it standard work day,and fury(40)(tours per ' week shall constitute n week's work. All time worked outside of Ibe standard eight(8)hour work day and on Saturday shall he classified ns overtime and paid the rate of little and one-half(I'/:). All time worked on Sunday find holidays shall he classified as overtime and paid at the rate of double(2)time. The lmployer has ilia option of working either five(5)eight hour days or four (4) ten hour days to constitute a normal finly (40) hour work week. When the four(4) ten-hour work week is in effect, the , standard work day shall be consecutive Ian(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 Ihmugh'i hursday.inclusive. In(he event the Joh is down far any reason beyond the Employer's control,than Friday mud/or Saturday nay,at the option orthe Employer,he walked ns a ntnke-up day:straight time tint , to exceed tell (10) hours or forty(40) hours per week. When ilia five day(81 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 ilia Employers control, that Saturday an),,at Ilia option or ilia Employer, be worked as a make-up day:straight time not to exceed eight(8)hours or forty(40)hours per weck. The regular%lining tittle(find resulting quilting time)may be moved to 6:00 a.m.or , delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to hollday%. NO.60: Means the Eopiaycr shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during ally work week. hours worked more than eight(8)per day or forty(40) per , week shall be paid at time and one-half(1'h) Ilia hourly wage rate plus Dinge bcncfits Monday through Friday. SATURDAY MAKE-UF DAY: Iran Employer is prevented from working forty (40) hours. Monday through Friday, or tiny part thereof by reason of inclement weather(rain or nod).Saturday or tiny part thereof may he worked as a make-up day fit the straight time rate. , It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. if an Employer elects to work four 10-hour days,between the hours of 6:30 a.m.and 6:30 p.m, (n any weak,work performed more than ten(10) lours per day or forty (40) hours per week shall be paid at tittle and one half(h'/,) the hourly wage rate plus fringe benefits Monday through Friday. If no Employer is working 10-hour days and loses a day due to inclement weather,the Employer may , work ten(10)hours on Friday at straight lime. Friday must be scheduled for no more than(en(10)hours at the straight time rate, but all hours worked over Ilia forty(40)hours Monday through Friday will he paid at time and one-half(1'/2)the hourly wage rule plus fringe bcncfits. All Millwright work perfonneci in excess orlbe regular work day and on Saturday shall he compensated for at little and one-half (I%,)ilia regular Millwright hourly wage rate plus fringe benefits. The regular work day staring of 8:00 a.m. (and resulting quitting tittle of 4:30 p.m.) may be moved hi nvard fu 6:00 a.m. or delayed one(1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays,shall be compensated for at double (2) ilia regular hourly rule of wages plus fringe benefits, NOTE: All overtime is computed on the hourly wage rate plus an anount equal to the fringe bcncfits. ' NO.65: Means Monday through Sunday shall constitute Ilia work week. Regular staring time shall be 8:00 a.m..with one half lour for lunch between three and one-half(314)and five(5)hours alter starting time. The starting time may be advanced by two ' (2)hours or delayed one(1)hour by Ilia employer from the regular staring tittle. All work performed before the advanced starring time and during the half hour lunch shall be paid at ilia ovenimc rate o1'lime and one-half(I%). Work performed outside these hours shall be paid at the overtime rare of time find ore-half(1'k),except as provided otherwise below. All work performcd on Sundays or recogubxd holidays shall be paid ill (lac double (2) time rate. Whcn the start time is delayed past 9:00 nun., the , employee's pay shall start at 9:0(1 n.m,aid all thou,aRer the normal quilting rime(5:30 p.m.),shall be paid at the overtime rate. Eight (8) hours shall constitute Ilia: work day. All work perforated prior to or u0cr the regular eight (8) hour work day, as described above,and all work performed on Saturday shall Ix paid of time find one-half(I'/a)tine regular rate. In ilia event that if scheduled eight(8)hour work day Is missed(nor Including recognized holidays) because of inclement weather,than(lint missed ' work day may be made up at straight time on Ilia Ibllowing Saturday, It Is recognized that not all employees working on a Saturday make-up clay will have worked the same number of hours curing ilia regular%York week. It is further recognized that tiny work aRer roily(40)hours must he paid ill tine find one-(all'(I%n). The employer may establish a 4.10's sehednle on project%(4 ' days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4.10's for a ttdninu n of nnc(I)week. If using a 4.10's schedule,n Friday make-up tiny Is allowed. ANNUAL WAGE ORDER NO. 13 , A W 13 02o OT.dac ('age 3 or 3 Pages ' COLr COUNTY OVERTIME SCIIEDULC • BUILDING CONSTRUCTION ' NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 n.nt.and ending at 4:30 p.m. The regular work day beginning time run), be advanced one or two (tours or delayed by one hour. However, the Employer rnny have the option to seltedtde his work week from Monday through Thursday at tell(10)hours per day rd the straight time one or pay with all hours in excess often (10) hours in any one day to beat the applicable overtime rate. If the Employer ' elects to work from Monday through Thursday and is stopped due to circumstmues beyond his control, Inclement weather or holiday,he shall have the option to work Friday at the straight time rate of pay to complete his forty(40)hours. Iran cntployee declines to work Friday as a make-up day,he shall not be penalized.All overtime work performed on Monday through Saturday shall be paid at time rind one-half(I%a)of the hourly rate plus an amount equal to one-half('/a)of the hourly Total Indicated Fringe Benefits. All work perforated on Sundays and recognized holidays shall be paid at double(2) the hourly rate plus an amount equal to the hourly Total indicated Fringe Benefits. ' NO.91: Means eight(8)hours shall constitute a day's work commencing at 8:00 a.m.and ending at 4:30 p.m.,allowing one-half (%a)hour for lunch. The option exists for the Employer to use a flexible starting little between the hours of 6:00 a.m.and 9:00 n.nn. The regular workweek shall consist of forty(40)hours of rive(5)workdays.Monday through Friday. The workweek may consist of four(4)ten(10)hour days from Monday through Thursday.with Friday as a make-up day. If the make-up day is a holiday,the employee shall be paid at the double(2)time rate. The employees shall be paid time and one-half(I I/1)for work performed before the regular starting time or nflcr the regular quitting time or over eight(8) hours per work day (unless working a 10-(tour work day,then time and one-half(I%) is paid for work perforated over ten(10)hours a day)or over forty(40)hours per work week. Work performed on Saturdays,Sundays and recognized holidays shrill be paid at the double(2)time rate of pay. ' NO.94: Means eight(8)hours shall constitute a days work between the hours of 8:00 a.m.and 5:00 p,m. The regular workday starting tine of 8:00 n.m.(and resulting quitting time of 4:30 p.m.)may he moved forward to 6:00 am,or delayed one(1)hour to ' 9;00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated atone and one-half(I%) tines the regular pay. In the event time is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages, NO. 101: Means that except as provided below,eight(8)hours it day shall constitute a standard work day,and forty(40)hours per week shall constitute a week's work,which shall begin on Monday and end oil Friday. All time worked onside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(I Vi)(except ac herein provided). All time ' worked on Sunday and recognized holidays shall be classified as overtime and paid of the rate of double(2) lime. The regular starting time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal ' forty(40)hour work week. When a four(4)len-hour day work week is in effect,the standard 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 shrill constitute n week's work Monday through Thursday,inclusive. In the event thejoh is down for any reason beyond the Employers control,then Friday and/or Saturday may, at the option of the Employer,be worked as a make-up day: straight tittle no to exceed ten(10) hours per day or forty(40) ' hours per week. Starting time will be designated by the employer. When the rive(5)day eight(8)hour work week is in effect,folly (40)hoes per week shall constitute a week's work,Monday through Friday,inclusive, In the event the,job Is down for tiny reason beyond the Employers control,then Snturday stay,at the option of the Employer,he worked as a make-up day;straight time not to exceed eight(8)hours per day or forty(40)hours per week. Make-up days shall not be utilized for days lost due to holidays. 1 1 1• ANNUAL WAGE ORDER NO. 13 AW 13 026 O'r doe rage 4 or 3 pages COLF.COUNTY OVERTIME,SCIIFDIILF ' BUILDING CONSTRUCTION • NO. 110: Mcims eight(8)hours between the hours of 8:00 a.m.and 4:30 p,m.shall constitute a work day. The starting time may , be advanced one(1)or two(2)hours. Employees small have n hunch period of thirty(30)minutes, The Employer may provide a lunch period of one(1)hour,nod in tint event, the workday shall commence m 8:00 a.m. and end at 5:00 p.m. Tin workweek shall comnncnce at 8:00 a.m.on Monday and s;. 'I end m 4:30 p.m.on Friday(or 5:00 p.m.on Friday if file Employer gnats a lunch period of one(I)horu),or as adjusted by starting time change ns stated above. All work performed before 8:00 a.m,and ' aflcr 4:30 p.m,(or 5:00 p.m.where one(1)hour lunch is granted for lunch)or as adjusted by starting little change as stated above or on Saturday,except as herein provided,shall lie compensated at one and one-half(1'/0)times the regular hourly rate of pay for the work perforated. All work performed on Sunday and ono recognized holidays shall be compensated at double(2)the regular ' hourly rate of pay for llte work performed, If an Employer Is prevented(man working forty(40)hours,Monday through Friday,or any part thereof by reason of inclement weather(min and nun).Saturday or tiny part thereof may be worked as n make-up day at the straight tittle rate. The Employer shall have the option of working five eight(8)hour days or four ten(10)hour days Monday through Friday. iron Employer elects to work five(5)eight(8)hour days during any work week,hours worked more than eight , (8) per day or forty(40) hours per week shall be paid at time and one-lalf(1!/j)line hourly me Monday through Fridny. If an Employer elects to work four(4)ten(10)hour days in tiny week,work perfomled more than tell(10)hours per day or forty(40) hours per week shall be paid at time and one-half(I%)the hourly rate Monday through Friday. If an Ennploycr is working ten(10) hour days and loses n day due to Inclement weather, they only work ten (10) hours Friday at straight tittle. Friday nmst be ' scheduled for tit least eight(8)hours and no more than ten(10)hours tit the straight time rate,but all hours worked over lite forty (40)hours Monday through Friday will be paid tit time and one-half(1'/=)ovcrtinmc rate. 1 1 ANNUAL WAGE ORDEAL NO. 13 , A W 13 026 01'.dac t'agc 3 let's Page$ 1 1 ' COLE COUNTY • HOLIDAI' SCHEDULE—BUILDiNG CONSTRUCTION ' NO.3:All work done on New Year's Day.Decoration Day,July 4th,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. ' NO.4:All work done on New Years Day,Memorial Day,Independence Day,Labor Day,Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holiday. I rally of the above holidays fall on Saturday,Friday will be observed as the recognized holiday. t NO.5: All work that shall be done on New Year's Day,Memorinl Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. ' NO,7:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. I f a holiday falls on a Sunday,it shall be observed on the Monday following, I f a holiday falls on a Saturday,It shall be observed on the preceding Friday. NO.8:All work perfonncd on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day,or the days observed in lieu of these holidays.shall be paid at the double time rate of pay. NO.15:All work accomplished on the recognized holidays of New Years Day,Decoration Day(Memorial Day),Independence Day(Fourth of July),Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If n holiday falls on Saturday,it shall be observed an the preceding Friday. If o holiday Gdis on n Sunday,it shall be observed on the following Monday. No work shall be perfornned on Labor Day,Christmas Day,Decoration Day or Independence Day except to preserve ' life or property. NO.23:All work done on New t'ear's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday,the following Monday shall be considered a holiday, NO.54:All work performed on New t'ear's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,the Friday alter Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday,it shot[be observed on Friday. When a holiday falls on Sundny,it shall be observed on Monday. NO.60: All work performed on New Year's Day,Amristice Day(Veteran's Day),Decoration Day(Memorial Day), Independence Day(Fourth of July),Thanksgiving Do),and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday,Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. ' NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of Nov Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Dory and Christmas Day,shall be paid at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays frill on a ' Sunday,the following Monday shall be observed os a holiday. NO.69: All work performed on New Year's Day,Decoration Day,July Fourth,Labor Day,Veteran's Day,Thanksgiving Day or Christmas Day shall be conpcnsated at double(2)their straight-Bane hourly mte of pay. I'dday niter Thnnksgiving and the ' day before Christmas will also be holidays,but if the employer chooses Ili work these days,the employee will be paid at straight -time rate of pay. If a holiday falls on a Sunday In a particular year,the holiday will he observed on the following Monday. ANNUAL WAGEORDLIt NO, 13 AWOU U261111n1 Jac I'agc 1 of I pages Heavy Construction Rates for Section 026 •, COLE County, *Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' CARPENTER Journeymen $25.48 7 16 $8.89 ' Millwright $25.48 7 16 $8.89 Pile Driver Worker $25.48 7 16 $8.89 OPERATING ENGINEER ' Group 1 $23.15 21 5 $14.45 ' Group II $22.80 21 5 $14.45 Group III $22.60 21 5 $14.45 Group IV $18.95 21 5 $14.45 , Oiler-Driver $18.95 21 5 $14.45 LABORER ' General Laborer $21.77 2 4 $7.78 Skilled Laborer $22.37 2 4 $7.78 TRUCK DRIVER-TEAMSTER ' Group 1 $23.67 22 19 $7.50 .Group 11 $23.83 22 19 $7.50 ' Grou 111 $23.82 22 19 $7.50 Grou IV $23.94 22 19 $7.50 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the , Building Construction Rate Sheet. 1 ANNUAL WAGE ORDER NO. 13 3/06 ' COLE COUNTY • OVERTIME SCHEDULE—HEAVY CONSTRUCTION ' NO. 2: Means a regular workweek shall be forty(40) hours and will start on Monday and end on 12riday. The regular work day shall be either eight(8)or ten (10) hours. I f a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof. by reason ' of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on it make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the ' straight time rate. A workday shift is to begin at the option ofthe Employer, between 6:00 a.m. and not later than 9:00 a.m. However, the prgicct starting time may be advanced or delayed if required. If workmen are required to Work the enumerated holidays or days observed as such or ' Sundays, they shall receive double (2) the regular rate of pay for such work. NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday. ten (I0) hours per day. All work over ten ' (10) hours in a day or forty(40) hours in a Week shall be at the overtime rate ofone and one-half (1'/2)times the regular hourly rate. The regular work day shall be either eight(8) or ten (10) hours. If a job can't work foray (40) hours Monday through Friday because of inclement weather ' or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time(iflvorking 4-10's). Saturday may be worked as a make-up day at straight time (if working 54s). Make-tip days shall not be utilized for days lost from holidays. ' Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(I'/2) times the regular rate. Work performed on Sunday shall he paid at two(2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double (2)time rate of pay. NO. 21: Means the regular Workday for which employees shall be compensated at straight time ' hourly rate of pay shall, unless otherwise provided for. begin at 8:00 a.m. and end at 4:30 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five(5) day eight (8) hour schedule, Saturday ' may be used for a make-up day. Iran Employer is prohibited from working on a holiday, that employer may work the following Saturday at the straight time rate. f lo\wever, the Employer may have the option to schedule his work from Monday through Thursday at ten (10) hours per ' day at the straight time rate of pay with all hours in excess often (10) hours in any one day to be paid at the applicable overtime rata If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40) hours. Ifan ' Employer is prohibited from working on it holiday, that Employer may work the following Friday or Saturday at the straight time rate. Overtime will beat one and one-hul f(I%2)limes the regular rate. If workmen are required to Work the enumerated holidays or days observed as such, ' or Sundays, they shall receive double(2) the regular rate of pay for such work. NO. 22: Means a regular work week of forty(40)hours will start on Monday and end on Friday. ' The regular work day shall be either eight (8) or ten (10) hours. Ifa crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of regular crew on a mike-up day, notwithstanding the fact that they may not have been employed the entire week. shall \work Saturday at the straight time rate. For all time Worked on recognized holidays, or days observed as such. double (2)time shall be paid. ANNUAL WAGE ORDER NO. 13 A\VOID U2fi 1101 Jnc Ihige I of I Pages COLE COUN'T'Y HOLIDAY SCHEDULE—IWAVY CONSTRUCTION • NO.4: All work performed on New Year's Day. Memorial Day. Independence Day. Labor Day, Thanksgiving Day,Christmas Day.or days observed as such. shall be paid it the double time rate of pay. When n holiday falls on a Sunday, Monday shall be observed. NO.5: The following days are recognized as holidays: New Year's Day. Memorial Day, fourth of July, Labor ' Day,Thanksgiving Day and Christmas Day, Ifa holiday falls on a Sunday, it shall be observed on the following Monday. If holiday falls on a Saturday. it shall he observed on the preceding Friday. No work shall ' be performed on Labor Day except in case of,jcopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward a forty (40) hour week: however, no reimbursement for this eight(8) hours is to be paid the workman unless worked. Ifworkmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double(2)the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week.The ten (10)hours shall be applied to the ' forty (40) hour work week. NO. 16: The lollowing days are recognized as holidays: New t'ear's Day. Memorial Day, Fourth of July. Labor Day, Thanksgiving Day and Christmas Day. If holiday falls on Sunday, it shall be observed on the following Monday. If holiday falls on Saturday, it shall be observed on the preceding Friday.No work shall be performed on Labor Day except in case of,jeopardy to work under construction.This rule is applied to protect Labor Day. When a holiday falls during the normal work week. Monday through Friday, it shall be counted as eight(8) hours toward the forty (40) hour week: however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double(2)the regular rate of pay for such work. NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Ifa holiday fills 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. 1 f workmen are required to work the above enumerated holidays,or days observed as such, they shall receive double(2) the regular rate of pay I'or such work. 1 1 1 AW013o261111olAm ANNUAL WAGE ORDER NO. 13 I'age I or Pages '• OUTSIDE ELECTRICIAN ' These rates tire to be used for the rollowing counties: Adair,Audmin,Bootie,Callaway,Camden,Carter,Chariton,Clark,Cole.Cooper,Crawford,Dem.Franklin, ' Gasconndc,Howard,Howell,Imo,Jefferson,Knox,Lewis.Lincoln.Linn,Macon,Mnries,Marion,Miller,Mi nitcau, Monroe,Montgomery,Morgan.Oregon,Osage,Perry,Phelps.Pike,Pulaski.Putnam,Rallis,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington ' COMMERCIAL WORK Occupational Title Basic Total ' Hourly Fringe Ratc Benefits ' Joume mun Lineman $30.30 $4.75+41.3% Lineman Operator $27.04 $4.75 +41.3% Groundman $21.22 $4.75+41.3% ' OVERTIME RATE:Eight(8)hours shall constitute it work day between the hours of 7:00 a.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute lite work week,Work performed in the 91h and loth hour,Monday through Friday,shall be paid at time and one-half(I IM the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time nod one-half(I%r)the regular straight tittle rate of pay between the hours of 6:00 ant,and 5:30 p.m.,Monday through Friday.Work perfonned outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the ralc ofdouble(2)lime. HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth ofJuly,Labor Day,Vetemn's Day. Thanksgiving Day,Christmas Day,or days celebrated as such.shall be paid at the double time rate of pay. When one of ' the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday, UTILITY WORK Occu ational Titic Basic Total Hourly Fringe ' Rate Benefits Joume man Lineman $30.30 $4.75+37.3% ' Lineman Operator $26.16 $4.75+37.3% Groundman $20.23 $4.75+37.3% OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty ' (40)hours within five(5)days,Monday through Friday inclusive,shall constitute Cite work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(I%,)the regular straight time rate of pay. Contractor has the option to pay two(2)hours perday at lire lime and one-half(1%)the regular straight time rate of pay ' between the hours of6:00 a.nt.and 5:30 p.nt.,Monday Through prlday. Worked perforated in the first eight(8)hours on Saturday shall be paid in the rate of one mid eight Tenths(1,8)the regular straight time rate, Work performed outside these hours and on Sundays and recognized legal holidays,or days celebrated as such,shut]he paid for at the rate of double(2)time. HOLIDAY RATE:All work performed on New Years Day,Memorial Day,Fourth orJuly,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shill he celebrated oar the following Monday. ANNUAi. WAGE ORDEit NO, 13 hex, ' atrMAWUAc '• 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 1. That I am employed as ' by 2. That was awarded a public works ' contract for Project No. 33045, Frog Hollow Detention Basin. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which Impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. ' 4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as amended) FURTHER AFFIANT SAYETH NAUGHT. ' AFFIANT ' Subscribed and sworn to before me this_ day of 20_. NOTARY PUBLIC ' My Commission Expires: ' STATE OF MISSOURI ) ss COUNTY OF ) '• EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION ' 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. 33045, Frog Hollow Detention Basin. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which impose certain requirements upon contractors and subcontractors engaged in a public ' works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of ' Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or Nimprovements, 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 swom 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.day of lb 2006, ' by and between Don Schnieders Excavating hereinafter referred to a "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. 33045, Frog Hollow Detention Basin. 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"Frog Hollow Detention Basin"In accordance t with the plans and specifications on file with the Department of Community Development. M 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 50 working days from the date Contractor is ordered to proceed,which order shall be Issued by the Director of Community Development within ten (10) days after the date of this contract. ' 3. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character In this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that ' Contractor knows the prevailing hourly rate of wages forthis project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 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 '• 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 arisinb 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 underthls 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. ' RECEIVED JUL 2 7 NOR '• 5. Contractor's Responsibility for Subcontractors. It Is further agreed that Contractor shall be as fully responsible to the City for the acts ' and omissions of Its subcontractors, and of persons either directly or Indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted In all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give ' Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the ' City or between any subcontractors. 6. Liguidated Damages. ' The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for every day the Contractor falls 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 fall 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. 1• 9. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless ' the City, its elected and appointed officials, employees, and agents from and against any and all claims,damages,losses,and expenses Including attorneys'fees arising out 1 RCCENPrt JUL 2 7 2pnr, 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(other than the Work itself)including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed byany of them or anyone forwhose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described In this Paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds Itself to pay for all labordone, and for all the materials ' used In the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. ' 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and Invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this ' contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Directorof Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated July 25,2006 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Two Hundred Seventy Thousand One Hundred Ninety Two Dollars and no cents. 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. ' RCCEIVP,' ,luL 2 7 21`1116 1 ' 15. Severability. If any section, subsection, sentence,or clause of this Contract shall be adjudged Illegal, Invalid, or unenforceable, such Illegality, invalidity, or unenforceability shall not affect ' the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover Its attorney's fees and expenses incurred in such action. 17. Contract Documents. ' The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions ' c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid This contract and the otherdocuments enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. ' Parties agree that this document Including those documents described In the section entitled "Contract Documents"represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This ' contract supersedes all priorcontracts and understandings between the Contractorand the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. 20. Amendments. This contract may not be modified,changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until • such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying ' for changes or modifications that were not properly authorized. RFCFJVFr1 ,IIJI. 7 ?nor, '• 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. Assianment. 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 1307 Fairgrounds Road,Jefferson City,MO 65109. The date of delivery of any notice shall be the second full day after the day of Its mailing. 1 1• RECEIVED JUL 2 7 204fi IN WITN S WHEREOF,the parties hereto have set their hands and seals this day of C�(Ad - . 2006. 1. CITY OF JEFFERSON CONTRACTOR gayor . Title: V;te Preslde��- ATTEST: ATTEST: l�iN2 City Clerk TI e: V;�e Pres de 1— APPROVED S O FORM: Cityltounsdfor RECEIVE[ JUL 2 7 Min Bond #6416103 PERFORMANCE. PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Don Schnieders Excavating Company, Inc. ' hereinafter, referred to as "Contractor" and Safeco Insurance Company of America a Corporation organized under the laws of the State of ' Washington and authorized to transact business in the State of Missouri as Surety, are held and flrmiy bound unto the City of Jefferson, MO hereinafter referred to as"Owner" Two Hundred Seventy Thousand, Inthe penalsum of One Hundred Ninety-Two Dollars and 00/100 DOLLARS ($270,192.00 ), lawful money of the United States of America for the Npayment of which sum, well and truly to be made, we bind ourselves and our heirs, ' executors, administrators, successors, and assigns, jointly and severally by these presents. ' THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the day ' of 20 ,entered Into awritten contractwith the aforesaid Owner forfumishing all materials,equipment,tools,superintendence,labor,and otherfacllities 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,ifthe said Contractor shall and will,in all particulars,well,dulyand • 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 Suretywill pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: NPROVIDED FURTHER,that the said Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall In any wise affect its obligation on this bond and It does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER, that if the said Contractor falls 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 1 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 Jefferson City, MO on this the ' day of 2C ' Safeco Insurance Company of America Don Schnieders Excavating Company, Inc. SURETY COMPANY CONTRACTOR BY (SEAL) B (SEAL) AL) BY (SEAL) Attorney- -fact Kris L. Bennett (State Representative) (Accompany this bond with Attorney-In-fact's authority from the Surety Company ' certified to Include the date of the bond.) 1 • 1 1 SAFECO Insmonco Company S A F E C O• PO Box 34526 '. Soolllo,WA 98124.1526 ACKNOWLEDGMENT BY SURETY STATE OF Missouri county of Cole C SS. , J r, On tlds day of before me personally appeared Kris L. Bennett known lo, Rile to be lime Altorupy-in-Facl of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL ' INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY line corporation that executed the within instrument,and acknowledged to rile Thal such corporation execulcd the same. IN WITNESS WHEREOF, I have hereunto set in)-hand and afMsed my official semi,in my ollice in the aforesaid County,the day and year in this certificate first above uAttcn. Notary Publi in the State of Missouri (Seal) Notary Osage JANET HASLAG NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI COUNTY OF OSAGE ' My Commissial Expires; October 18,2008 1 6.023016AEF 10100 OA registered tmdemork of SAFECO CorpomilDn FRP POWER SAFECO INSURANCE COMPANY OF AMERICA ' S A F EGO GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE. SAFECO PLAZA • SEATTLE,WASHINGTON 99185 No. 6162 KNOW ALLEY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ' •....r..................LOUIS A.LANDH9iI Hit:KRIS L.I)ENNXI.CI IARI-BS1: 71to1111 1;;lli'VIIACKEILS;JcRcrson City,Abssmm"•^.•••^•^•••••.•.. Its true and lawful attorney(s)411-fact,with full authority to execute on Its behalf fidelity and surely bonds or undertakings and other documents of a similar character Issued In the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of June 2003 CHRISTINE MEAD,SECRETARY MIKE MCITAVICK,PRESIDENT ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: ' "Article V,Section 13.•FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer In charge of surely operations,shall each have authodly to appoint Individuals as allomeys-In-fact or under other appropriate Iilles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character Issued by the company In the course of Its business...On any Instrument making or evldencIng such appointment,the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such Instrument or undertaking Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICAadopled July 2B,1970. ' On any certificate executed by the Secretary or an assistant secretary of the Company selling out. (1) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power•of-afiomey appointment,executed pursuant thereto,and ((ii) Certifying that sold power•of•abomey appointment is In full force and effect. the signature of the codifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and or GENERAL INSURANCE COMPANY OF AMERICA,do hereby comfy that the foregoing extracts of the ByLaws and of a Rosolution of the Board of Directors of thus,,corporations,end of a Power of Attorney Issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney ate still in full force and effect. IN WITNESS WHEREOF,I have hereunto sot my hand and affixed the facsimile seal of said corporation ' this day of 1 ECOA►pw C SEAL SEAL 1953 � hip � • '�� tOfW65 � CHRISTINE MEAD,SECRETARY ' 5.09741SAEF 2101 0 A registered trademark of SAFECO Corporation ' 0511612003 PDF ,l ir. IMPORTANT SURETY BOND INFORMATION MISSOURI 7" Your Safcco agent is n professional independent Insurance Agent. If you have specific questions about your Surety Bond,you nay,direct them to your agent, 3' MISSOURI SPECIFIC QUESTIONS If you have been unable to contact or obtain informntion from your agent, you may contact Safcco at the following address and telephone: AMERICAN STATES INSURANCE COMPANY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Adams Building 4634 154th PL NE Redmond,WA 98052 Mailing Address: ?' P.O. Box 34526 Seattle,WA 99124 Telephone 4425-376.6535 8.7555/BAEF SM3 FRP August 4, 2006 City of Jefferson Department of Community Development 320 East McCarty Street .' Jefferson City, Missouri 65101 RE: Contractor: Don Schnieders Excavating Company, Inc. Bond No, 6416103 Project: Frog Hollow Detention Basin `1 Gentlemen, Please accept this letter as your authority to date the Bonds and Power of Attorney on the above captioned project to coincide with the date of the contract. Once the contracts have been signed, I would appreciate receiving a copy of the contract and the dated bond with Power of Attorney for my file. Sincerely. ' Kris . Bennett Attorney-In-Fact Winter-Dent & Co. � i * 01u- Fwwry1N ' Insurance & Bonds P.O. Box 1046 Jefferson City, MO 65102-I046 (f� 573-634-2122 Fax 573.636-7500 �J ' Established 7912 ACORD CERTIFICATE OF LIABILITY INSURANCE DON9C 1 DA 08/04/06 f PaooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Winter-Dent 6 Company HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ferson City MO 65102-1046 one: 573-634-2122 Fax:573-636-7500 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURER A oulldere An C. Self-lrourer• 510001 INSURER D. General Casualty Co. of WI 24414 DOTE any, Inc, Excavating INSURER C: Regent Insurance Company 24449 Company, Inc. ETAL Jeff rson City M Road INSURER D. Jefferson City MO 65109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MNIM DATE MMm01YY LIMITS GENERALLIABILITY EACH OCCURRENCE 51000000 B X COMMERCIAL GENERAL LIABILITY CC10255831 10/10/05 10/10/06 PREMISES eeo=renoe $100000 CLAIMS MADE X❑OCCUR MED EXP(Anyone Penn) S5000 PERSONAL S AOV INJURY 51000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMP/OP AGO 32000000 POLICY X JEC LOD AUTOMOBILE LIABIUTY COMBINED SINGLE LIMIT C X ANY AUTO CBA0255831 10/10/05 10/10/06 (Eeemdenll $ 1000000 ALLOWNEDAUTOS BODILY INJURY S SCHEDULEDAUTOS INS LJ (Per Person) x HIREDAUTOS RANCE RE VIEWED BODILY INJURY S X NONoWNEDAUTOS (Per Sdddent) By: PROPERTY DAMAGE $ (Per ar000dSdddenp GARAGE LIABILITY AUTO ONLY•EA ACCIDENT S ANY AUTO OTHERTHAN FAACC S AU70 ONLY: AGO S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $1000000 B X OCCUR ❑CLAIMSMADE 0000255831 10/10/05 10/10/06 AGGREGATE $ 1000000 S DEDUCTIBLE S X RETENTION $10000 S WORKERS COMPENSATION AND X 1TQRuybLIMR S ER A, EMPLOYERS'LIABILITY EXCLUDED? 06WC0638 01/01/06 12/31/06 E.L.EACH ACCIDENT IS 1000000 ANYPROPRIETOR RIE%ECUTIVE OFFICERIMEMBER %CLUDED7 E.L.DIS[ASL•EA EMPLOYE S lOOOOOO IIyes.desenoe undor SP ECIALPROVISIONS balm E.L.DISEASE•POLICY LIMIT S 1000000 OTHER C Leased or rented CCI0255831 10/10/05 10/10/06 300000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS [ACORD ject: Frog Hollow Detention Basin, Project No. 33045 IFICATE HOLDER CANCELLATION CITYJ-6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO TIIE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Jefferson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIIE INSURER,ITS AGENTS OR Dept of Community Development 320 E McCarty Street REPRESENTATIVES. Jefferson City MO 65101 AUTI IZE REPRE414TATIVE t ; son 25(2001108) (DACORD CORPORATION 1988 IMPORTANT , If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed.A statement ' on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may ' require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between , the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon, , 41 1 0 1 ACORD 25(2001105) , I 1 INSURANCE BINDER OP CH °08`/04/2006 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER# 10194 General Casualty Insurance or-Dent 6 Company DATE EFFECTIVE TIME DATE0H TIME— Box 1046 Jefferson City MO 65102-1046 X AIA X 12.01 AM C arise E Trab_ue OB/04/06 12:01 PM 09/03/06 NOON C No Ea° 1: 573 34-2122 AA,`, : 573-636-7500 THIS°INDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: 0240321 SUB CODE: PER EXP,RINGPOLICYN. NA—OCP—BD CUSTOMERID: DONSC-1 DESCRIPTION OF OPERATIONSIVEHICLESIPROPERTY(including Location) INSURED Owners' Contra Protective Liability City of Jefferson Policy- Frog Hallow Detention Basinl De t of Community Development Project No. 33045 320 E McCarty Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE COVERAOEIFORMS DEDUCTIBLE I COINS% AMOUNT PROPERTY CAUSESOFLOS9 BASIC F�BROAO❑SPEC GENERAL LIABILITY CACHOCCURRENCE S20DODOD COMMERCIAL GENERAL LIADILITY REN DPREMISP C —_ $ CLAIMS MADE OCCUR MED EXP(Any one peeon) S X C,rnar c Contractor Prot. PERSONAL A AOV INJURY S GENERAL AGGREGATE $2000000 RETRO DATE FOR CLAIMS MADE: PRODUCTS•COMP/OP AGO S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANYAUTO BODILY INJURY(Per pinsm) S LL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIREDAUTOS MEDICAL PAYMENTS S NOWOWNEDAUTOS PERSONAL INJURY PROT S UNINSURED MOTORIST S S AUTO PHYSICAL DAMAGE DEDUCTIDLE ALLVEHICLES SCNEDULEDVEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT S OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY•CA ACCIDENT $ ANY AUTO OTIIER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY CACTI OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM PETRO DATC FOR CLAIMS MADE; SELF-INSURED RCTENTION $ WC STATUTORY LIMITS WORKER'S COMPENSATION C.L.EACH ACCIDENT S EMPLOYERS AND E.L.DISEASE•EA EMPLOYEE 3 E L.DISEASE•POLICY LIMIT S pECIAL Don BChnioders Excavating Company is responsible for payment of Premium FEeB $ gOIHIEOIRTIONSI and audit. TAXES S COVERAGES ESTIMATEDTOTAL PREMIUM S NAME 6 ADDRESS IAORTOAGEE ADDITIONAL INSURED LOSS rAYCF: LOAN e AUTHORIZE0 REPRESENTATIVE &IC(CL, awn ACORD 75(2004109) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE (DACORD CORPORATION 7003.2004 CONDITIONS This Company binds the kind(s)of Insurance stipulated on the reverse side,The insurance Is subject to the , terms, conditions and limitations of the policy(les)In current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company , stating when cancellation will be effective.This binder may be cancelled by the Company by notice to the Insured In accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this ' binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable In California , When this form Is used to provide Insurance in the amount of one million dollars($1,000,000)or more, the title of the form Is changed from"Insurance Binder"to"Cover Note". Applicable in Colorado ' With respect to binders Issued to renters of residential premises, home owners,condo unit owners and mobile home ' owners, the insurer has thirty(30)business days, commencing from the effective date of coverage, to evaluate the Issuance of the Insurance policy. Applicable In Delaware The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a lien on real ' properly shall accept as evidence of insurance a written binder Issued by an authorized Insurer or Its agent If the binder Includes or is accompanied by:the name and address of the borrower;the name and address of the ' lender as loss payee;a description of the insured real property;a provision that the binder may not be canceled within the term of the binder unless the lender and the Insured borrower receive written notice of the cancel- lation at least ten (10)days prior to the cancellation;except In the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of , insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida , Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the , duration of the binder exceeds 60 days, For auto Insurance, the Insurer must give 5 days prior notice, unless the binder Is replaced by a policy or another binder in the same company. Applicable in Nevada , Any person who refuses to accept a binder which provides coverage of less than$1,000,000.00 when proof Is ' required: (A)Shall be fined not more than$500.00, and (B)Is liable to the party presenting the binder as proof of Insurance for actual damages sustained therefrom. 1 ACaRO 75(2ao41001 , 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 It celled 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 readyto use the work specified. Materials or work described In words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three(3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall ' be filed as follows: One (1)with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 DEFINITIONS ' Wherever any work or expression defined in this article, or pronoun used in Its stead, occurs In these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract"or"Contract Documents"shall Include all of the documents enumerated in the previous article. 2. "Owner", "City",or words "Party of the First Part", shall mean the party entering Into contract to ' secure performance of the work covered by this Contract and his or Its duly authorized officers or agents. Generally this will be the"City of Jefferson". 3. "Contractor"or the words"Party of the Second Part"shall mean the party entering Into contract ' for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation,partnership,or individual having a direct '• contract with the Contractor, for performing work at the job site. 5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (I.e„the Engineering Division Director). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth , herein. 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal Is accepted by the City. , B. "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 bythe ' Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, ii and when approved by the Engineer, and all drawings submitted bythe Clty to the Contractor during the progress of the work,as provided for , herein. 11. Whenever inthese contract documents the words"as directed","as required","as permitted","as ' allowed", or words or phrases of like Import are used, It shall be understood that the direction, requirement,permission, or allowance of the City and Engineer is Intended. 12. Similarly the words"approved", "reasonable","suitable", "acceptable", "properly", "satisfactory", ' or words of like effect and Import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the Cilyand Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression"it is understood and agreed"or any expression of the like Import,such expression means the mutual understanding and agreement of the Contractor and the City. ' 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared bythe 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. GP4 THE ENGINEER , The Engineer shall be the City's representative during the construction period and he shall observe the • work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority , to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during ' construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the ' Contractor,but not specified or required,if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety ' bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense ' which may occur to the City by reason of 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 for and maintain during the life of the Contract,Insurance of such types and amounts as necessary to protect himself,and the City, against all hazards enumerated herein. All policies shall be In the amounts,form and companies satisfactory to the City. ' The Insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are ' complied with. All certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the poilcy 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 (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. GP-6.6 EXCLUSIONS The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this ' requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, ' mains, sewers, etc.,caused by the Contractor's operations. (3) The collapse of,or structural Injury to,any building or structure on or adjacent to the City's premises, , or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures,or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE ' LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with ' Bodily Injury or Death Limits of not less than$300,000 per person and$2,000,000 per occurrence, and property damage limits of not less then $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-6.6 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION ' Employer's and Workmen's Compensation Insurance as will protect him against any and all claims • resulting from injuries to and death of workmen engaged in work under this contract,and in addition the ' Contractor shall carry occupational disease coverage with statutory limits,and Employer's Liability with a limit of $300,000 per person. The"All State"endorsement shall be Included. I '• 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 shell Insure and protect the Contractorand the Cityfrom all insurable risks of physical loss or damage to materiels and equipment,not otherwise covered under Builder's Risk Insurance,when in ' warehouses or storage areas, during installation, during testing and until the work Is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular work Included in this contract. The coverage shall be for an amount not less than the value of the work ' at completion,less the value of the material and equipment Insured under Builder's Risk Insurance. The value shall Include the aggregate value of the City-furnished equipment and materials to be erected or Installed by the Contractor not otherwise Insured under Builder's Risk Insurance. ' Installation Floater Insurance shall also provide for losses,If any,to be adjusted with and made payable to the Contractor and the City as their Interests may appear. ' If the aggregate value of the City-furnished and Contraclor-furnished equipment is lessthan$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 whatsoeverto 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 shell also assume responsibility for all loss or damage caused by,arising out of or incident to larceny,theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials,and supplies necessary ' to the work. ' GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES 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,materiel men,or suppliers of machinery and parts thereof,equipment,power tools and supplies incurred in the fulfillment of this contract. ' GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, In writing such happening, which notice shall forthwith give the details as to the • happening, the cause as far as can be ascertained,the estimate of loss or damage done, the names of witnesses, If any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT •, The Contractor shall not assign or transfer this contract nor sublet It as a whole, without the written , consent of the City and of the Surety on the Contractor's bond. Such consent of Surety,together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee 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& 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. OP-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 ' properfor the reception of his work,except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors Is contiguous to work covered by this Contract,the respective rights of the various Interests Involved shall be established by the Engineer, ' In order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS ' The Contractor shell procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those In control of all properties which may be affected by his ' operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided bythe City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. , GP-11 ROYALTIES AND PATENTS • It is agreed that all royalties for patents or patent claims, Infringement whether such patents are for ' processes or devices,that might be Involved in the construction or use of the work, shall be Included in ,• the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own ' expense,defend any and all suits or proceedings that may be Instituted at any time against the City for Infringement or alleged Infringement of any patent or patents Involved In the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not ' be made while any such suits or claims remain unsettled. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL These Specifications and Project Plans are Intended to supplement,but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited In the one and not In the other, shall be executed Just as If it has been set forth In both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which Is 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 diff er from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be N executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES ' The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the layout as given by stakes,points,or Instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans orcontract documents,as full Instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such Instructions as if originally specified. ' The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point,shall be regarded as meaning that only the best general practices, as accepted by the particular trades or Industries Involved, shall be used. ' GP-12.4 STANDARD SPECIFICATIONS ' Reference to standard specifications of any technical society,organization or association,or to codes of local or slate authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically slated 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. The Contractor shell 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 materiel or workmanship maybe rejected by the Engineer at anytime before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment, ' The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written orderfrom the Engineer,and the Contractorwill be liable for any deviation ' except on such written order. All condemned work shall be promptly taken out and replaced by satisfactory work,and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fall or refuse to , comply with instructions in this respect the City may,upon certification bythe Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall paysuch cost,unless he shall showthat detect in the work was ' caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer,and shall furnish any information required concerning the nature or source of any material which he proposes ' to use. GP-14 LINES AND GRADES ' The Department of Community Development will set construction stakes establishing lines,scopes,and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary ' Information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he Is to perform under this contract. , The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fall to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become ' damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes,bench marks, ' or other basic reference points checked bythe Construction Representative may be ordered removed and • replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ' The Contractor shall be responsible for the condition of all materials furnished by him, and he shell replace at his own cost and expense any and all such material found to be defective in design or manufacture,orwhich has been damaged after delivery. This Includes the furnishing of all materiels 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 shell forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER iAll power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shell be provided by the Contractor at his sole cost and expense. ' GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shell keep on his work, during Its progress, a competent superintendent and any ' necessary assistants. The superintendent shall represent the Contractor In his absence and all directions given to him shell 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 celled particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed,the Police Department,Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project Is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project If applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project,wherever homes are served directly from a street or portion of a street which is ' to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets,roads,highways,and other public thoroughfares which are closed to traffic shell be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall ' be located at the nearest Intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and ' equipment, shall be provided with similar warning signs and lights. • All barricades and obstructions shall be Illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning from sunset to sunrise. Materials stored upon or alongside public ' streets and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum obstruction and Inconvenience to the traveling public. 1 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 bythe Contractor's negligence shall be repaired entirely at the Contractor's expense. ' Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be ' moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully , responsible for the protection of all persons including members of the public,employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above,across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. ' The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. , The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to Injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement , or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened ' loss or injury,and he shall so act. Any compensation,claimed bythe Contractor on account of emergency work, shelf 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. 1 '• 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, shelf ' 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-26 USE OF COMPLETED PORTIONS If desired bythe City,portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract Is finally accepted and for the guarantee period thereafter. ' GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK ' The Owner,without invalidating the Contract,may order additional work to be done in connection with the Contractor mayalter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein Included. ' The Engineer shall have authority to make minor changes in the work, not Involving cost, and not Inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions,all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders Issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. It the modification or alteration Increases the amount of work to be done,and the added work or any part ' thereof is of a type and character which can be properly and fairly classified under one or more unit price Items of the Proposal,then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as `Extra Work"as hereinafter provided in this Article GP-26. ' If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. ' Where the value of omitted work is not covered by applicable unit prices,the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used In any part of the work as actually built. • 3. Any other adjustment of the Contract amount where the method to be used In making such adjustments Is not clearly defined in the contract documents. ' Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and If found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. 1 The Owner reserves the right to contract with any person or firm other than the Contractor for any or all •, extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. , Extra Work: (a) The term "Extra Work" shall be understood to mean and Include all work that may be required to ' accomplish any change or alteration In or addition to the work shown by the Plans or reasonably implied bythe Specifications and not covered by the Contract proposal Items and which is not otherwise provided under this Article GP-26. , (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined , by one or more of the following methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum ' 3. Method C: If neither Method A or B can be agreed upon before the work is started,then the work , shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK ' The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor In writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But If the work, or any part thereof,shall be stopped by the notice In writing aforesaid,and If the Owner ' does not give notice in writing to the Contractor to resume within a reasonable period of time, then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK ' If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this ' contract,the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT , If the Contractor should be adjudged a bankrupt, or If he should make a general assignment for the , benefit of his creditors,or If a receiver should be appointed on account of his Insolvency,or if he should persistently or repeatedly refuse or should fall, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if 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,orfrom 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,shell 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., not on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the ' protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to ' maintain adequate equipment and supervision forthe proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather,wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless ' special means or precautions are taken bythe Contractorto perform the work in a proper and satisfactory manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent Installation in the work shall be new, unused,and undamaged when Installed or otherwise Incorporation In the work. No such material or equipment shall be used by the Contractor for any purpose other than that Intended or specified, unless such use is specifically authorized by the Engineer In each case. GP-36 DEFENSE OF SUITS ' In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts, matters,or things by this contract undertaken to be done or performed,or for the Injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies Incurred In the fulfillment of this contract,the Contractor shall 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 CONTRACTTIME •' 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-3B 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 shell 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 shell be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. , GP-38 LIQUIDATED DAMAGES Time is an essential element of the contract and it Is therefore Important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each , day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from anymoneydue the Contractor under the contract,and the Contractor ' and his surety shell 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, shelf 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 maybe 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. 1 ,• (c) LUMP SUM ITEMS ' Payment for each lump sum Item shall be at the lump sum bid for the Item,complete in place,and shall Include the costs of all labor, materials, tools, and equipment to construct the Item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been 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 forfinal Inspection and acceptance,the Engineerwill promptly make such Inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, Including the retained ' percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30) days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-41 RELEASE OF LIABILITY ' The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof,from all claims and liability to the Contractor for anything done or furnished for, or relating to the work,or for any act or neglect of the Owner or of any person relating ' to or affecting the work. GP-42 CERTIFICATIONS GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered In triplicate to the Department of Community Development at least 24 hours before the product Is to be used on the project. GP-42.2 The City, at Its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated Into the work. GP43 LOCAL PREFERENCE In making purchases or in letting contracts forthe performance of anyjob or service,the purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised is equal or better and the price quoted is the same or less. • GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS ' On purchases in excess of$5,000,the City shall select products manufactured,assembled or produced in the United States,It quantlty,quality,and price are equal. Every contract for public works construction 1 or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American •' products in the performance of the contract, GP-45 AWARD OF CONTRACT-REJECTION OF BIDS , All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all , subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, ' complying with the conditions of the Advertisement for bids and Specifications, providing the bid Is reasonable and it is in the Interest of the City of Jefferson,Missouri to accept same. The bidder to whom ' an award Is made will be notified at the earliest possible date. The City of Jefferson,however, reserves the right to reject any and all bids and to waive all informalities In bids received whenever such rejection or waiver is in their Interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW ' Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson,Missouri, Department of Community Development,an affidavit stating that ' the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290,RSMc,(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 ortechnical 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-46 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND , MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hersunderfiles with the City of Jefferson an affidavit stating that , the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when In fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose , subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against It or any additional expenses incurred. - Any contractor who fails to complywith the requirements of hiring only Missouri laborers or laborers from ' non-restrictive states,absent statutoryexceptions,wheneverthere is a perlod of excessive unemployment in Missouri,agrees to hold harmless and indemnlfythe City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri, because ':< •_ of the contractor or subcontractor's failure to comply. F1. END OF GENERAL PROVISIONS `N 1: 1 i i - '1 SPECIAL PROVISIONS •, FORWARD: The provisions of this section take precedence over any other provisions in , these specifications. SPA PARTIAL ACCEPTANCE OF BID ' The City reserves the right to accept any part or the entire bid for the project. SP-2 PRE-CONSTRUCTION CONFERENCE ' Prior to starting work, a pre-construction conference will be held to discuss the project, its ' scheduling and its coordination with the work of others, It is expected that this conference will be attended by representatives of the Owner, the Engineer, the Contractor and his Subcontractors, and the Utilities, as well as representatives of any ' other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. ' SP-3 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Section ' 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20) Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such , notice shall remain posted during the full time. SP-4 PROOF OF INSURANCE , All certificates of Insurance provided for this project shall be insured directly from the company affording coverage. Certification from a local agent in not acceptable without , the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition, when an aggregate amount is included, a statement of the amount of that , aggregate available to date shall also be attached. SP-5 TECHNICAL SPECIFICATIONS AND DETAILS , The Technical Specifications for this project shall consist of the 2004 version of the Missouri Standard Specifications for Highway Construction except as modified or , contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included In the contract documents. ' All construction details Included with the plans contained in the City of Jefferson • Standard Drawings Revised Edition 1/2006 and attached hereto shall be used in , '• constructing this project. ' The City's Technical Specifications for use on this project shall be the "CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER, 2000". These specifications can be found on the City's websile at www.ieffcltymo.org and are available upon request from the Department of Community Development. SP-6 PERMITS The City of Jefferson has obtained a General Operating Permit(Permit No. MO- R100031)from the State of Missouri Department of Natural Resources, Missouri Clean Water Commission for construction and land disturbance activities. This permit covers the land disturbance entailed in this project. In signing the contract the contractor is obligated to follow the provisions of the permit. A copy of the permit is available upon request at City Hall. ' SP-7 SEQUENCING AND EROSION CONTROL The erosion control measures needed for this project are dependent on the sequencing of construction. Thus, the contractor shall submit a sequencing plan to the engineer at the pre-construction conference so that an erosion control plan can be established prior ' to the start of construction. In all cases the contractor shall use best management practices (BMPs)for the control of erosion. The contract contains a number of BMPs that can by utilized in formulating an erosion control plan. These include rock filter dams, straw bale ditch checks, silt fence, temporary mulch, and temporary seeding. ' All installed BMPs shall be maintained for the life of the project, Including maintenance and silt removal until the establishment of vegetation. After the establishment of vegetation all temporary BMPs shall be removed. ' The erosion control plan is not a static object, as site conditions change, or as weather dictates, the plan shall change to provide protection against erosion and the transportation of sediment from the site. The contractor shall be prepared to correct any deficiencies found in the plan and to make adjustments and changes as directed by the engineer. ' SP-6 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging ' adjacent property as a result of precipitation during construction. SP-9 UTILITIES ' The Contractor shall expose all utility crossings to establish location and depths prior to construction. The necessary adjustment of utility services such as water, gas, telephone, ' electric and sanitary sewer, including meters, valves, manholes and other appurtenances not specifically called out on the plans shall be subsidiary to the work. 1• 1 SP-10 CONSTRUCTION LIMITS •' At no time shall the contractor do any work, or disturb any vegetation outside the , construction limits shown on the site plan. SPAT ROCK REMOVAL No explosives shall be used on this project. Rock shall be removed by mechanical chipping,jack-hammering or other methods approved by the Engineer. ' SP-12 CONSTRUCTION STAKING The construction staking for this project will be performed by the City of Jefferson. The ' staking will be provided in stages including, the outlet structure and outfall, sewer, stormwater, and dam construction. Any restaking required due to the destruction of the original stakes can be provided to the contractor at the City Standard hourly rate. The ' contractor shall provide two working days notice of any staking he wishes to have performed. SP-13 SOiL IN AREAS TO BE SEEDED ' The top six (6) Inches of all areas of the project to be vegetated shall be free of rocks, ' stones and clods prior to seeding. This may require the contractor to utilize a mechanical rock rake, hand picking of stones, and/or placement of six(6)inches of clean topsoil in those areas to be vegetated. No direct payment will be made for this requirement. All areas to be vegetated shall be inspected prior to seeding, and any deficiency shall be corrected prior to the seed application, SP-14 ALUMINIZED CSP ' All the Corrugated Steel Pipe shall be annular riveted Aluminized Steel Type 2. SP-15 HYDROSEEDING , All disturbed areas of the project not paved or scheduled to be covered with erosion blankets , shall be seeded using the hydro seeding method. The seed mixture shall be 65% Fescue, and 35%Rye.The seeding rate shall be 350 pounds to the acre.The hydro seeding mixture shall contain Second Nature Wood Fiber Mulch at a rate of 2200 pounds per acre. , Additionally the mixture shall contain Finn-Hydromax Additive at a rate of 5 gallons per acre, Finn-HPN Soluble Fertilizer(10-44-6)at a rate of 7.5 pounds per acre,and EarthGuard Fiber Matrix Erosion Control System at a rate of 4 gallons per acre. Like materials from other ' manufactures may be accepted upon review by the project engineer. SP-16 EMBANKMENT CONSTRUCTION The construction of the embankment shall substantially comply with the recommendations contained in the document entitled "Subsurface Investigation, Soil Analysis and Geotechnical Design Recommendations for Frog Hollow Detention Basin, , Jefferson City, Missouri", prepared by Engineering Surveys and Services and dated July 12, 2003. This document is attached as appendix A. • '• SP-17 QUALITY ASSURANCE TESTING The contractor shall provide a written quality assurance testing plan prepared and stamped by a qualified geotechnical engineer for the construction of the embankment and basin. The engineering firm and the quality assurance plan must be approved by the City prior to commencement of the work. Upon completion of the project, the geotechnical engineer shall submit a statement to the City certifying the basin is properly constructed for the Intended use as a detention basin. The plan shall be In substantial compliance with the criteria set out in the subsurface investigation completed for the basin entitled "Subsurface Investigation, soil analysis and geotechnical design recommendations for Frog Hollow Detention Basin, Jefferson City Missouri", prepared by ' Engineering Surveys and Services and dated July 12, 2003. SP-18 MEASUREMENT AND PAYMENT ' Item No. 1 —Clearing and Grubbing This item shall Include all labor, material, equipment, and services necessary to clear and grub the site. The requirements for these removals are contained in the ' Technical Street Specifications TS-1.0 to TS-1.1.3. 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- Removals This item shall include all labor, material, equipment, and services necessary to remove the improvements on the site. The requirements for these removals are N contained In the Technical Street Specifications TS-1.2 to TS-1.2.4. 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. 3 - Earthwork This item shall include all labor, material, equipment, and services necessary to construct the embankment, including all necessary embankment foundation grading and compaction, the access road, and the grading of the site to the elevations shown on the plans, while complying with the recommendations of the geotechnical report and geotechnical engineer. It shall also Include the necessary placement and grading of topsoil materials in areas that are to be vegetated. Quantities of material, excluding material that may need to be worked or replaced In the area of the embankment foundation, are listed on sheet 2 of the plans. 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. 4 - Rock Excavation This Item shall include all labor, material, equipment, and services necessary for the mechanical removal of rock. Rock is defined as being sandstone, limestone, ' chart, granite, sillstone, quartzite, slate, shale, occurring in its natural undisturbed state, hard and unweathered or similar material in masses more than 1 '/z yards in volume, in ledges six(6)inches or more in thickness.The work provided herein ' will be measured by the cubic yard, and will be paid in a like fashion at the unit price. • Item No. 5 - Rock Filler Dams This item shall Include all labor, material, equipment, and services necessary for •' the construction and maintenance of rock filter dams for the control of sediment transportation, as required by construction sequencing, as shown in the erosion , control plan, and as directed by the engineer. The maintenance of this Item shall Include the removal of silt and sediment around the dam and the reconstruction of the dam if breached. The work provided herein will be measured by the ton of ' stone provided based on tickets submitted to the City at the time the work is undertaken, with payment being made by the ton at the bid price. Item No. 6—Straw Bale Ditch Checks ' This item shall include all labor, material, equipment, and services necessary for the construction and maintenance of straw bale ditch checks, as required by ' construction sequencing, as shown in the erosion control plan, and as directed by the engineer. The maintenance of this item shall Include the removal of silt and sediment around the ditch check and its reconstruction if breached. The work provided herein will be measured by each bale used, with payment being made ' by the bale at the bid price. Item No. 7—Silt Fence ' This item shall Include all labor, material, equipment, and services necessary for the installation of silt fence as shown on the plans, as required by construction sequencing, as shown in the erosion control plan, and as directed by the , engineer. It shall also include the removal of silt as needed and the removal and disposal of the fence after the establishment of grass. Measurement will be made by the linear foot of fence installed and will be paid by the linear foot at the bid price. Item No. 8—Temporary Mulch This item shall include all labor, material, equipment, and services necessary for ' the application of temporary mulch as required by land disturbance permit and as directed by the engineer. The mulch shall be applied to achieve an 80% ground cover. Measurement will be made by the square yard with payment being made in ' a like fashion at the bid price. Item No. 9—Temporary Seeding ' This Item shall include all labor, material, equipment, and services necessary for the application of temporary seeding as required by land disturbance permit and as directed by the engineer. Measurement will be made by the square yard with payment being made in a like fashion at the bid price. , Item No. 10 -6' x 4' Inlet This item shall include all labor, material, equipment, and services necessary for , the construction of a 6'x 4' Inlet as shown on the Plans. The work provided herein will be measured per each inlet constructed, and will be paid In a like fashion at the bid price. ' Item No. 12 • 24" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for the installation of 24" Dia. RCP as shown on the Plans, and as directed by the ' geotechnical engineer. This Item does not include any rock excavation, as it will • be paid under a separate item. The work provided herein will be measured by the '• linear foot of installed pipe, and will be paid In a like fashion at the unit price. Item No. 12 -48" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for the installation of 48" Dia. RCP as shown on the Plans, and as directed by the ' geotechnical engineer. This Item does not Include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 13—Seep Collar This Item shall include all labor, material, equipment, and services necessary for ' the construction of a seep color as shown and detailed in the plans, The work provided herein will be measured by each collar constructed and will be paid in a like fashion at the unit price. Item No. 14—Cast in Place End Section for 24" Pipe This item shall include all labor, material, equipment, and services necessary for the construction of a concrete end section as shown in the plans and detailed In the City of Jefferson Standard Details. The work provided herein will be measured by each end section constructed and will be paid in a like fashion at the unit price. ' Item No. 15—Cast in Place End Section for 48" Pipe This item shall include all labor, material, equipment, and services necessary for the construction of a concrete end section as shown in the plans and detailed in the City of Jefferson Standard Details, The work provided herein will be measured by each end section constructed and will be paid in a like fashion at the unit price. ' Item No. 16—Gabion Basket This Item shall include all labor, material, equipment, and services necessary for the installation of the gabion baskets as shown in the plans and in the manner specified by the manufacturer. The work provided herein will be measured by the cubic yard of rock used In the basket and will be paid in a like fashion at the unit price, Item No. 17—Gabion Mattress This Item shall include all labor, material, equipment, and services necessary for the installation of the gabion mattresses as shown in the plans and in the manner specified by the manufacturer. The work provided herein will be measured by the cubic yard of rock used in the mattress and will be paid in a like fashion at the unit price. Item No. 18 - 18" Dia. Aluminized CSP ' This item shall Include all labor, material, equipment, and services necessary for the Installation of 18" Dia. CSP as shown on the Plans, and as specified In the City of Jefferson Standard Specifications and Standard Details. This shall Include ' but is not limited to, trenching, bedding, haunching, and backfilling. The work provided herein will be measured by the linear foot of installed pipe, and will be • paid in a like fashion at the unit price. 1 Item No. 19—Metal End Section for 18" Pipe •, This item shall include all labor, material, equipment, and services necessary for the installation of a metal end section as shown on the Plans. The work provided ' herein will be measured by each end section Installed, and will be paid In a like fashion at the unit price. Item No. 20 -4' Dia. Stormwater Manhole ' This item shall include all labor, material, equipment, and services necessary for the construction of a 4' dia. stormwater manhole. The work provided herein will be ' measured per each structure constructed, and will be paid in a like fashion at the unit price. Item No. 21 - 4' Dia. Sewer Manhole ' This item shall include all labor, material, equipment, and services necessary for the construction of a 4'dia. sanitary sewer manholes. The manholes are to be constructed as shown on the Plans and as detailed in the City of Jefferson ' Standard Drawings and specifications. This Item shall Include all connections to the existing system and all necessary bypass pumping required for the construction of the manholes and sewer. The work provided herein will be ' measured per each structure constructed, and will be paid In a like fashion at the unit price. Item No. 22-8" Dia. PVC Pipe ' This item shall include all labor, material, equipment, and services necessary for the installation of 8" dia. PVC pipe. The pipe is to be installed as shown on the Plans, as detailed in the City of Jefferson Standard Drawings, and as specified In the City of Jefferson Standard Sanitary Sewer Specifications. The work provided herein will be measured by the liner foot, and will be paid in a like fashion at the unit price. , Item No. 23 -7" PCC Residential Drive Approach This Item shall include all labor, material, equipment, and services necessary for ' the construction of a 7"thick residential drive approach as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid In a ' like fashion at the unit price, Item No. 24 -7" PCC Residential Drive This Item shall include all labor, material, equipment, and services necessary for , the construction of a 7"thick PCC driveway, as shown on the Plans and detailed In the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid In a like fashion at , the unit price. Item No. 25—Greenway Trail Gate ' This Item shall Include all labor, material, equipment, and services necessary for the construction and installation of a greenway trail gate as shown and specified In the plans and as detailed in the City of Jefferson Standard Details. The work provided herein will be measured by each gate Installed, and will be paid in a like , fashion at the unit price. • Item No, 26—Single Net Straw Blanket This item shall include all labor, material, equipment, and services necessary for ' the Installation of a short term erosion control blanket. This blanket shall be North American Green S75 or approved equal. It shall be installed according to the manufactures specifications using the red dot stapling pattern (1.15 staples per square yard). This blanket is to be installed as directed by the engineer. This item shall also include all fertilizing and seeding required in the areas it covers. The seed shall be the same as used in the hydroseeding mixture. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 27—Permanent Turf Reinforcement This Item shall Include all labor, material, equipment, and services necessary for the Installation of permanent turf reinforcement. This blanket shall be North ' American Green SC250 or approved equal. It shall be installed according to the manufactures specifications using the white dot stapling pattern (3.4 staples per square yard). This item shall also include all fertilizing and seeding required in the ' areas it covers. The seed shall be the same as used in the hydroseeding mixture. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 28 - Hydroseeding ' This item shall Include all labor, material, equipment, and services necessary for the hydro seeding of the areas to be vegetated as described in these specifications. The work provided herein will be measured by the acre, and will be paid in a like fashion at the unit price. Item No. 29—Quality Assurance Testing ' This Item shall include all costs associated with and arising from the requirements staled in SP-17. 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, Appendix A i . r:. . J* 1 I RECEIVED JUL 14 2003 COMMUNITYTOEVELO MENT 1 SUBSURFACE INVESTIGATION, SOIL ANALYSIS and 'GEOTECHNICAL DESIGN RECOMMENDATIONS for FROG HOLLOW DETENTION BASIN ' JEFFERSON CITY, MISSOURI Prepared for ' MR. MATT MORASCH, PE , CITY OF JEFFERSON DEPARTMENT OF COMMUNITY DEVELOPMENT 320 EAST McCARTY STREET JEFFERSON CITY, MISSOURI Prepared by , ENGINEERING SURVEYS AND SERVICES 802 ELDORADO DRIVE ' JEFFERSON CITY, MISSOURI 1 July 12, 2003 ' • Engineering Surveys and Services Consulting Engineers,Geologists,and Land Surveyors Analytical and MNCrials Lnhoraimics ' Larry L.Hendren,PE,RG Randall A.Lee,PE,RG •' 802 El Domdo Drive David y J.Reed, PE Timothy J.O'Connor,PE Jefferson City,Missouri 65101 Timothy J.Reed,PLS Benjamin A,Ross,PE y' Morton L.Ratliff,PLS Clifford S.Jarvis,PE Telephone 573-636-3303 ' John M.Epponauer,PLS Detroit G.Hartley,PE pacsimile 573-636-3789 Bruce A.Dawson,PE July 12, 2003 E-Mail ess@css-ino.com littp://www.css.iiic.com Mr. Matt Morasch, PE ' City of Jefferson Department of Community Development , 320 E. McCarty Street Jefferson City, MO 65101 RE: Frog Hollow Detention Basin ' Geotechnical Engineering Investigation ' Jefferson City, Missouri Dear Mr. Morasch: ' Please find enclosed our report of subsurface investigation and geotechnical design recommendations for the proposed Frog Hollow Detention Basin in Jefferson City, Missouri. This report conveys the findings of our investigation, the results of our engineering analysis, and recommendations regarding design and construction of the proposed project. We appreciate the opportunity to assist during this phase of the project, and hope to continue to serve you during construction. We are available during design and through construction with a full range of construction oriented engineering, surveying and laboratory ' services. If we can be of further assistance, please call. R�esnectfitlly, ' Bruce Dawson, PE * ' � ONtltttt�► cc: 3 Morasch ai�a/a lint ' Other Offices Sedalia, Missouri •Columbia, Missouri ' ' CONTENTS Page ABSTRACT 1 y' . PROJECT SCOPE 1 DESCRIPTION OF SITE AND PROJECT 2 VICINITY MAP 3 ' FIELD INVESTIGATION 4 GEOLOGY OF AREA 4 LABORATORY INVESTIGATIONS 5 SUBSURFACE CONDITIONS 5 ENGINEERING ANALYSIS AND RECOMMENDATIONS 5 CONSTRUCTION CONSIDERATIONS 8 APPENDIX 12 Symbols and Terms 13 Summary of Laboratory Test Results 14 Compaction Test Reports 16 Plan of Boring Locations 18 Log of Borings 19 r,` 1 SUBSURFACE INVESTIGATION, SOIL ANALYSIS •' and GEOTECHNICAL DESIGN RECOMMENDATIONS ' tar FROG HOLLOW DETENTION BASIN JEFFERSON CITY, MISSOURI ' ABSTRACT , This report describes our subsurface investigation and geotechnical design recommendations ' for a proposed municipal stormwater detention basin located in the Frog Hollow watershed in the western part of Jefferson City, Missouri. We performed this investigation to evaluate the impact of subsurface conditions on design and construction of the proposed project, and to develop ' geotechnical design parameters and recommendations for the responsible design professionals. The following report and recommendations are based on the results of our geotechnical ' investigation and analysis, and the general project information furnished by representatives of the Department of Community Development of the City of Jefferson, Missouri. Tile conclusions and recommendations of this reportrepresent our interpretation ofsubsurface conditions fortheproposed ' detention basin at this site, based on generally accepted geotechnical engineering practices. PROJECT SCOPE The scope of our geotechnical investigation and evaluation was as follows: ' I. Investigate the geology of the site, subsurface conditions at the site, and the , anticipated impact of subsurface conditions, including groundwater conditions, on design of the project. 2. Evaluate the existing soils' suitability as embankment foundation materials, ' embankment construction materials, and general site fill for the proposed grading. ' 3. Provide recommended criteria for embankment design. 4. Provide recommended criteria for embankment foundation preparation, 1 embankment construction, and general site fill construction. 5. Provide recommendations for de-watering and drainage during construction. ' 6. Provided recommended content of specifications related to earthwork quality , assurance testing and inspection, • 7. Identify suitable and unsuitable fill materials in accordance with ASTM D 2487 classification. S. Identify potentially deleterious materials that may interfere with construction progress or structure performance. 9. Identify potential public agency permitting issues. ' The investigation included a reconnaissance of the proposed site,review of all available subsurface data in the vicinity, subsurface exploration consisting of twelve test pits excavated with a tracked ' excavator, three soil and rock borings, laboratory soil testing, and engineering analysis and evaluation of the subsurface materials encountered. DESCRIPTION OF SITE AND PROJECT Site Location The project site is located the southeast 1/4 of Section 9,Township 44 North,Range 12 West ' (See Vicinity Map, page 3), The site is immediately southwest of the cul-de-sac on Knipp Drive in west Jefferson City, approximately one-half mile south of U.S. Highway 50. Site Conditions The site is the former location of sanitary sewage lagoons. The lagoons were reportedly ' taken out of service, drained and re-graded approximately 30 years ago. The site is relatively flat over most of its area, with moderately sloping hillsides encroaching on the east, west and north perimeter of the site. At the time of our investigation, the site was densely vegetated with volunteer growth of native grasses and legumes, as well as cattails and willows. Persistent storms in late May and early ' June had inundated much of the site. There was standing water across much of the central portion of the site. ' A network of public sanitary sewer mains cross and border the site, Overhead electric lines were noted along the south side of the site. Project Description ' The proposed project consists of a stormwater detention basin that will function as a temporary impoundment. It is our understanding that the typical holding time for storm events will ' be approximately 10 hours. The basin will be graded and configured to serve as a recreational area during dry times. Currently three distinct areas of athletic fields are proposed, as well as a walking • path surrounding the development, 1. r,•.Lan Cim' err ' I MIL $_ /. 1 \\ •� t e .r'f'• .Resuneo110, . _ TO .11 R1'II , CI's'Y..'�y . �•„.r f31 —d-� "'9 ,_ ,1 ti•. Ce n'•vi es<c. ' r� ,; !•III•• .J. CDunir Club I "awinorn !mood uaeris Fp° , .qy. . P . ,.•,`::'., '.: `? ,1 d.r.Ui.S .'Il i�� n 9• '' '� ':ID'- • c .. t. a �ti\� � .. ..Hollow . ;,'•r..`... . '..~� • l � Hollow; 1. R12W ' R12W VICINITY MAP , Scale: 1"= 2,000' •, -3- 1 1 '. FIELD INVESTIGATION ' Drillins' The field investigation included a surface reconnaissance of the proposed site, excavation of ' twelve test pits with a tracked excavator, and drilling of three soil and rock borings with a truck mounted rotary drill, located as shown on the Plan of Boring Locations in the Appendix. A track mounted excavator with a 42-inch bucket was used to excavate the test pits to depths ranging from ' 1.0 foot(termination elevation of 97.0 feet)at test pit TP1 to 12.5 feet(termination elevation of 84.0 feet) at test pit TP9. A truck mounted rotary drill equipped with 4-inch continuous solid-stem augers ' and 8-inch ]rollow-stem augers was used to advance the borings to depths ranging from 10.0 feet (termination elevation of 85.8 feet) at boring B16 to 13.6 feet(termination elevation of 77.5 feet) at boring B15. All of the test pits except TP2 and TP5, and all three borings were terminated on ' weathered limestone bedrock. Representative samples of subsurface materials were obtained during excavation and drilling. Samples were preserved and transported in accordance with ASTM D 4220. ' Field Tests and Measurements The ground surface elevations shown on the boring logs were measured in the field during staking and are considered accurate to within± 0.5 feet. The elevations are on an assumed datum based on a benchmark of 100.0 feet on the top of a sanitary sewer manhole located southeast of the proposed berm Field testing included shear strength estimates obtained from a hand operated M penetrometer and a hand operated shear vane. Standard Penetration Tests were performed in accordance with ASTM D 1586. Groundwater observations were made at the time of excavation at the test pits, and at the time of drilling and 24 hours later at the borings. Groundwater ' observations are noted on the logs contained in the Appendix, ' GEOLOGY OF AREA Jefferson City, Missouri lies new-the northern edge of the Oznrk uplift. The regional geology ' is characterized by dolomitic limestone bedrock of the Ordovician age Jefferson City formation overlaid by gravelly residual soil, The residuum is typically overlaid by Pleistocene loess on the ' upland surfaces and by Holocene and older alluvium in the bottontlands. Both transported loessial and residual soils were encountered during our field investigation. The Jefferson City formation consists of dolomite, argillaceous dolomite, sandstone, and some thin shales, The lithologies may be thinly bedded with weathered seams of residual clay and are susceptible to groundwater movement. Karst features may be present with dimensions that vary ' from a few inches to tens of feet, and may be filled with younger, undifferentiated and variably lithified deposits of sand,gravel, or clay, Typical karst features that can impact construction include sinkholes, pinnacled surfaces, variably weathered surfaces and solution channels, These solution features are often filled with younger, undifferentiated deposits of sand, gravel, or clay, -4- LABORATORY INVESTIGATION •' In conjunction with the field investigation, a laboratory investigation was conducted to , quantify the probable range of engineering characteristics of the subsurface materials necessary in analyzing and predicting foundation and earthwork performance. The laboratory investigation ' included supplementary visual classification by a geotechnical engineer, water content tests, Atterberg Limit determinations, dry density measurements and unconfined compression tests. All tests were conducted in Engineering Surveys and Services' laboratories in accordance with ASTM ' procedures. SUBSURFACE CONDITIONS , We have visually classified the types of foundation materials encountered by the methods of ' ASTM D 2488. These soils are described in detail by the Logs of Borings located in the Appendix. The stratification lines represent approximate boundaries and the transitions may be gradual. Soils across the site are somewhat variable, but typically consist of a clayey silt or silty clay ' surface layer underlain by a silty clay with chert gravel that graded into gravelly clay or gravel. The ' soils are underlain by variably weathered and fractured, sometimes cherty or slialey limestone. Observed soil thicknesses across the site ranged from 0.9 feet at TP 1 to 11.8 feet at TP7. The top of limestone was encountered at elevations ranging fi•om 97.1 feet at TP1 to 80.5 feet at TP 13. Groundwater was encountered in the near surface soils at test pits TP3, TP4 and TP14. At the time of excavation,groundwater was observed at depths of 8.0 to 10.0 feet at test pits TP7,TP8, , TP9, and TP 13. Twenty-four hour water elevation measurements in the borings were 8.5, 3.3 and 8.7 feet at borings B 14A, B15 and 1316, respectively. The exact location of the groundwater surface should be expected to fluctuate depending on normal seasonal variations in precipitation and surface , runoff. Based on the site geology and topography, groundwater should be expected in the near surface clayey silts, in gravelly zones near bedrock, at the bedrock surface, and through joints, fissures and other solution conduits in the weathered, fractured limestone. ' ENGINEERING ANALYSIS AND RECOMMENDATIONS ' Preface The design recommendations that follow are based on the findings of our geotechnical ' investigation,our interpretation of subsurface conditions for the proposed basin site,our experience with the geology of this region, and preliminary project information furnished by the City of Jefferson's Department of Community Development. , We recommend that Engineering Surveys and Services be retained during sitework and embankment construction to evaluate excavation conditions across the site relative to this .� interpretation of subsurface conditions. Variations in subsurface conditions across the site may , require evaluation or revision of geotechnical design parameters and recommendations. Likewise, -5- , '• if the scope of the project is altered, it would be advisable to review and update our recommendations in consideration of such changes. Geotechnical Recommendations ' General. Based on the preliminary design information provided, we evaluated the engineering properties of the subsurface materials that impact embankment foundation performance, embankment stability, behavior during earthwork operations, erosion potential, and subgrade ' stability. The relatively high silt content of tine on-site soils will impact embankment foundation preparation, embankment geometry, embankment fill construction, grading of slopes around the ' athletic fields, and drainage channel design. Embankment Foundation. Soils in the embankment foundation area included a relatively thin ' veneer of clayey silt underlain by silty clays and gravelly clays to depths of about 3 to 10 feet, The clayey silt is absent in sonic areas and the silty clay occurs at the surface. The surface soils are typically wet and soft, and will require stripping and/or aeration and re-compaction to make them ' suitable for embankment foundation or embankment fill material. We recommend that all clayey silt be completely stripped fi•om the foundation area due to its potential for seepage and piping, Tine depth of stripping to remove soft,wet soils or clayey silts is expected to range from about 2 to 4 feet, but may be more in un-explored areas. Embankment Stability. The preliminary design indicates proposed upstream and downstream N slopes of 3 horizontal to 1 vertical (3:1). Tine existing soils in the proposed cut areas are relatively high in silt content, and may not be stable at these slopes under rapid drawdown conditions. We estimate the factor of safety of these soils will be no greater than 1.2 during rapid drawdown. This analysis is based on 95 percent of standard proctor density in the embankment fill, and the upstream portion of tine embankment saturated. With a 3:1 upstream slope, smaller, local failures not ' intersecting the crest or toe may also occur on the upstream face. The smaller failures would generally be termed "sloughing" failures and create significant maintenance problems, should they occur. We recommend that the upstream slope of the embankment be constructed at 4:1 or flatter ' to provide a factor of safety of at least 1.2 during rapid drawdown. We also recommend that cut materials be selectively placed during embankment construction to minimize the placement of silts and clayey silts within 20 feet of the upstream face of the embankment. ' If the revised geometry cannot be practically provided, alternative designs would include armoring the upstream slope, importing select high cohesion, high clay content soils for zoned construction of the embankment, employing geosynthetic reinforcement and thin armor, or other procedures or combinations thereof. Due to the myriad options available, it is not practical to provide conceptual designs for all these possibilities within the scope of this investigation. ' Embankment Core Design. Because the basin is not a permanent impoundment,a traditional seepage control clay care is not considered a design criteria. Zoned construction may be part of the design solution for drawdown stability as discussed above. For the proposed application, we • recommend that the embankment be designed and constructed in the following "zones": 1 ' -6- 1 1. Embankment Foundation. The embankment foundation material is defined as the zone beneath the embankment, from upstream toe to downstream toe (at a • minimum). We recommend that the foundation material consist of native, high , cohesion, high clay content silty clay or gravelly clay, or controlled fill composed of high cohesion, high clay content silty clay or gravelly clay, fi•om the top of bedrock to the upstream toe elevation. Silts and clayey silts should be completely removed ' from the embankment foundation zone. 2. Embankment Fill. The embankment fill is defined as the material placed between ' and above the embankment toes to the crest of the embankment. We recommend that this zone be constructed of on-site fine-grained soils, placed and compacted in , accordance with recommendations provided in this report for engineered fill. Depending upon geometric constraints, the embankment fill may be designed to include geosynthetic separation or reinforcement, armored slopes,or imported select ' materials. General Grading. Based on the preliminary design provided, it is our understanding that the ' top of the embankment is approximately 705 elevation. We have not reviewed the stage-storage curves for the design storm events, but would expect the basin to be designed with no more than 3 , to 5 feet of five-board. Based on this assumption, some of the slopes between the proposed athletic fields within the basin are subject to inundation or partial inundation during"full' reservoir events. Due to the high silt content of the anticipated borrow materials,we therefore recommend that slopes subject to partial inundation be designed and constructed with slopes of 4:1 or flatter. Drainage Channel Design. The on-site soils are fine grained soils and are highly erosive. ' If vegetated channels are proposed, either temporary or permanent erosion control fabrics should be considered. , Construction Observation. We recommend that Engineering Surveys and Services be retained to observe excavation conditions during construction,embankment foundation preparation, , and embankment construction. We recommend that excavation and foundation construction be carefully monitored to verify that actual field conditions are compatible with recommended design criteria. If actual field conditions vary fi•om our interpretation of subsurface data, recommendations , can then be provided to maintain or improve design and construction quality and function. Potential Permitting Issues , We expect that it will be necessary to acquire a Section 404 permit fi•om the U.S. Army Corps of Engineers(COE)and a Land Disturbance permit from the Missouri Department of Natural , Resources (MDNR) prior to construction of this project. If the proposed project falls under an existing COE nationwide pennit category, the permitting process may be completed within about 30 days, or less. If the proposed project is not covered by a COE nationwide permit,then an individual permit •, will be necessary. The COE will forward the application to other regulatory agencies that may have ,• an interest in the project, as well as a posting for the general public. These agencies include U.S. Fish and Wildlife, iv DNR, State Historic Preservation,etc. Interested parties have 30 days to review the application and issue comments regarding the proposed project. The applicant will then submit a response to tite comments. Depending on the nature and extent of the comments, the application review and permitting process for an individual permit could take up to 120 days or longer. ' A site visit is typically included in the COE application review process. Based on soil conditions and.vegetation observed at the site during our field investigation, it is possible that the COE may consider the area a wetlands. If so, a comprehensive evaluation will be necessary to determine whether or not site conditions exist that satisfy requirements for the proposed site, or a portion of the proposed site, to be designated as a wetlands. ' CONSTRUCTION CONSIDERATIONS Site Preparation ' Clearing & Grubbing. We recommend that areas to be disturbed by earthwork be stripped of vegetation and that trees be cleared and grubbed prior to beginning fill placement. Vegetation is dense across the site during the growing season. Consideration may be given to initially stripping the site by burning in the late fall or winter. Burning may not be an option due to the proximity of residential neighborhoods, and a late fall start would not be conducive to de-watering the site. NDewatering. Generally, this site is poorly graded and ponds water. The wet and saturated soils observed in these test pits and borings was typically about 2 to 4 feet thick beneath the surface. Once the vegetation is cleared from the surface, the expect de-watering will be accomplished by overexcavation and aeration of wet soils. We expect that significant stirring, discing or turning of the wet soils will be required to expeditiously reduce their moisture content. While these soils will not drain by gravity alone, it is important to maintain open, positive drainage across the earthwork areas to promote surface drainage of precipitation during construction. '. The friable clayey silts will dry relatively quickly when exposed to sunlight, wind, and conditions of low to moderate humidity, These soils may also serve well as a seed-bed or"topsoil' upon completion of grading. Rock Excavation. Based on subsurface conditions observed during test pit excavation and drilling, and the preliminary design information,we consider some rock excavation possible in areas of the main drainage channel along the north and west perimeter of the basin, where cuts of 2 to 4 feet are proposed. A contingency fund should be established for possible rock excavation. We ' recommend that the bid form solicit a bid price for a base bid quantity or rock excavation, and a unit price for more or less rock excavation. We expect a reasonable base bid rock quantity would be between 250 and 500 cubic yards. Embankment Foundation Construction •' Following complete removal of vegetation, tile embankment foundation should be stripped ' of any silts or clayey silts present beneath the embankment fill. The underlying silty clay or gravelly clay should then be scarified to a minimum depth of 12 inches and re-compacted as an engineered fill. To the extent that removal of silts and clayey silts lowers the subgrade below the design , elevation of the upstream toe, the subgrade should be filled to the design elevation of the upstream toe using high cohesion, high clay content silty clay or gravelly clay approved by the geotechnical , engineer. All fill constructed as pail of embankment foundation preparation should be placed and compacted as an engineered fill. Subgrade Preparation - General Fills ' Subgrade materials should be at a minimum of 95 percent of"Standard" maximum dry , density,with a moisture content ranging fi•om 2 percent below to 5 percent above optimum moisture content as determined in accordance with ASTM D 698 immediately prior to engineered fill construction Depending on the impact of weather and construction traffic, moisture conditioning , and re-compaction of the subgrade may be necessary at different times throughout construction. Groundwater and Stormwater Management , Positive surface drainage of precipitation runoff should be maintained during construction to prevent excess moisture fi•om accumulating on the subgrade. Groundwater that may impact construction appears to be shallow and perched in the upper , few feet of soils in wet areas across the site. Once the wet soils are removed or scarified to promote drying, seepage from outside the grading area should be directed to open channels constructed for precipitation runoff and construction phase drainage. Because the site is located in a lowland setting , in the main drainage course for this watershed, controlling Stormwater runoff doing construction is critical to continuing construction with minimal delays due to precipitation. Engineered Fill and Backtill ' Materials. Material used as engineered fill should be free of significant organic matter, , frozen material, significant construction debris, and corrodible or other deleterious material. Imported soils proposed for use as fill or backfill should be reviewed and analyzed by the geotechnical engineer prior to use on site. Soil classified as M11, OH, OL, or PT (high plasticity ' soils and organic soils) by the Unified Soil Classification System (ASTM D 2487) should not be imported for use as engineered fill. Recommended imported materials for general site fill are those that classify as GW, GM, GC, SC, and CL in accordance with ASTM D 2487, Recommended , imported materials for embankment fill are those that classify as CH and CL in accordance with ASTM D 2487. Fine grained soils used for embankment foundation or embankment fill should , contain less than 10 percent by volume of particles larger than 2 inches. Placement and Compaction. Engineered fill composed of fine grained soil should be •, compacted to a minimum of 95 percent of maximum dry density as determined by ASTM D 698 -9- , ,• (Standard Proctor), at a moisture content ranging from 2 percent below optimum moisture content to 5 percent above optimum moisture content as determined by ASTM D 695. Otherwise suitable fill materials that are outside this range of moisture contents may be wetted or dried, as appropriate, to bring them to an acceptable moisture content. For compaction with large dozer-drawn ballasted rollers, loose lift thickness should be limited to about 9 inches. For compaction with a slreepsfoot roller, the minimum load on each tamper should be 250 pounds per square inch (psi). ' 4uality Assurance Testing We recommend that Engineering Surveys and Services be retained to observe excavation conditions ' during construction, embankment foundation preparation, and embankment construction. We recommend that excavation and foundation construction be carefully monitored to verify that actual field conditions are compatible with recommended design criteria. If actual field conditions vary ' from our interpretation of subsurface data, recommendations can then be provided to maintain or improve design and construction quality and function. ' It is recommended that Engineering Surveys and Services be retained to observe embankment foundation preparation, embankment fill construction, and general site fills. •The intent of engineering observations during construction is to assure compliance with geotechnical ' specifications and to verify that actual field conditions are compatible with recommended design criteria. If actual field conditions vary from our interpretation of subsurface data,recommendations N can then be provided to maintain or improve design and construction quality and function. In-place field density tests will be practical for on-site and similar fine grained soils. Field density tests should be conducted in accordance with ASTM D 2922 and D 3017(Nuclear Methods) ' or ASTM D 1556(Sand Cone Method). We recommend that field density tests be performed at the minimum rates of 1 test per 10,000 square feet,with no fewer than three tests per lift on embankment ' foundation preparation, embankment fills, and general site fills. Warranties and Limitations This report has been prepared for the exclusive use of the City of Jefferson Department of Community Development for the specific project discussed, in accordance with generally accepted soils engineering practices common to the central Missouri area. No other warranties, expressed or implied, are made. This report supersedes any previous preliminary reports submitted for this project. ' . This investigation and report do not constitute a guarantee of subsurface conditions, ' groundwater conditions,excavation characteristics or construction conditions. We recommend that foundation bearing conditions and excavation conditions across the site be evaluated during construction relative to this interpretation of subsurface conditions. Variations in subsurface conditions may occur that require evaluation or revision of geotechnical design parameters or recommendations. if the scope of the project is altered or differing geotechnical conditions are • encountered, it would be advisable to review and update our recommendations in consideration of ' those findings or variations. ' -10- 1 Recommendations contained in this report are based on subsurface conditions and proposed •' designs provided as of this date. The above study and recommendations are applicable only for the conditions and locations described, and specifically for the proposed Frog Hollow Detention Basin. ' Any significant changes in plans or soil conditions should be brought to our attention. Engineering Surveys and Services will be available at any stage of design development and construction to assist in the interpretation and application of these recommendations. ' Estimated excavation thicknesses, volumes or quantities discussed in this report were , developed as general, order-of-magnitude estimates suitable for preliminary planning and cannot be considered precise estimates for bid quantities or construction planning. Use of the data contained herein by others may require interpretation or analysis that was not , contemplated by our investigation and analysis. The use of this data and any interpretations or- conclusions developed by others are the sole responsibility of those firms or individuals. , Factors affecting design and construction often become apparent during detailed design or actual construction that were not anticipated in the pre-design or early design phases. Engineering , Surveys and Services is available during design and construction to assist in evaluating these factors and their impact on these geotechnical recommendations. 1 •1 APpExD17� �•: �� .� _13- LAB NO.: 2562 PROJECT,' Frog Hollow Detention Basin SYMBOLS AND TERMS ' Project 33045 Jefferson City, Missouri SAMPLE TYPES ' Auger Shelby Split Sample No Railer Sit NX Core Down Hole Tube Spoon Recovery (Tri—Cone) Boring Hammer ' ABBREVIATIONS ' ®. Unconfined Compression (1) • Water Content (2) , + Plastic (PL) & Liquid (LL) Limit (2) USCS Unified Soil Classification System , PI Plasticity Index ' ATD At time of drilling ROD Rock Quality Designation SS Split Spoon — 1 3/8" I.D. 2" O.D. ' ST Shelby Tube — 3" O.D. GT Giddings Tube ' HA Hand Auger AS Auger Sample , S Sample , TV Hand — Held Torvane DEFINITIONS , Blows per ft. — Indicates blows per 6 inches of sampler penetration when driven by a 140—pound hammer falling freely 30 inches. The Standard ' Penetration Resistance is the number of blows for the last 12 inches of penetration of the split—spoon sampler. 140TES r (1) Shear Strength Data plotted on Cohesion scale of Boring Logs. ' (2) Classification and Index Properties plotted on Water Content Scale of Boring Logs. , Engineering Surveys & Services _�q_ '. LAB NO.; 2562 SUMMARY OF PROJECT.' Project 33045 Basin 33045 LABORA TORY TEST RESUL TS ,. Jefferson City, Missouri r • r; N Y f.. � Q W r. 1' Z 4 0 W 6"o Z N N u Z W Z oaoc Z W ti 7 V SO v U EL-U N •W N V1 %0 m N Q. ON .. O, O N _ N N c1 Z CL 1„ � } (nV Q Wv Z O W Q z F? W r z Nv� Ntry m00 in 'IT eh Cq 01y� f� 00Nd' o NO� NN 'V 00 ¢ OOv NNN NN m �^ N � � NN ^� NN NNNN N � NN N zmu 1 N EnJ U U U U U U 1, U1 O O cc 0 0 O O O 0 0 0 0 0 O O O O O O O O O zF fV �}' V1 min NM �-. M to N � � 000 Nv �C co Ncn r- ON M a. LJ n. o W v �nv10 ono . o0 000 In0000 0000 0000 0 ON V' � M N C; CM ON4lkD 06 ON V %D CfVhn CV SAMPLE y � h hh m u1 — Nm V) &0 h ri a°O BORING F F H NO. Engineering Surveys 6 Services LAB NO.: 2562 SUMMARY OF ' PROJECT.' Frog Hollow Detention Basin ' Project 33045 LABORATORY TEST RESULTS Jefferson City, Missouri 1 y Y Q W _Z Q 'ZU) (n a Z W Z 0 (L0.U. ' U 6. NlL Z 0 W FN- M OOC) U EL N N(N N W m l- J N ^ _ 1 � � U. N 00 N 1Cr11 J JJ D } NU in O Q O W v .. Z 0 Q of z i2 o < 0z..i N NN Z m U N 'En V)Q U U U U U M J U ,000 00000 OOO V'1 hO0 f^.. N M to N <t �0 00 Oh (V <t V^ Orn M %D OG tr m 'V' LLIaw ' O v 0 0 0 O O O'O O O O O O O N O O N O .� N V' ON '7 X606 ON Vy r` Nan at OM SAMPLE M N M 'a to -� N M er M .• N N0. v� vNiw v� V) V) WEn v) V) U) W h ¢ h N M t!' BORING NO. m m Engineering Surveys d Services -15- ' ENGINEERING SURVEYS AND SERVICES TESTING LABORATORY ' 1113 Fay Street•Columbia,Missouri 65201 •(573)449.2646 Date :02 El Dorado Drive•Jalle,son City,Missouri,651111 •(573)636.3303 Lab No. 2562 COMPACTION TEST REPORT Project: _Frog; Hollow Detention Basin Project 33045 ,. Location: Jefferson City, Missouri Contractor: Date of Test: 30 June 2003 FILL: Silty Clay; Brown mottled orange, moist to wet, firm Material: Sample No. 1 Description to soft, trace medium sized chert eravel Source TP8/S2• Sampled 9.01 4.1711 hPlow Pxiating grade ' Type of Test: ASTM D 698 "Standard" Method A ' TEST RESULTS , 109 ,_; 108 , ' + MAXIMUM DRY DENSITY M 107 till 108.5 lbs./cu. ft. 106 OPTIMUM MOISTURE w - CONTENT 16.7 % 105 �. 104 1 ' 103 -, - .f T iT i 14 15 16 17 18 19 20 MOISTURE CONTENT, % Remarks: I CC: ENGINEERING SURVEYS AND SERVICES BY: —16— Sheol of _ ENGINEERING SURVEYS AND SERVICES 1 TESTING LABORATORY 1113 Fay Street•Columbia,Missouri 65201 •(573)449.2646 Date 602 EI Dorado Drive•Jefferson City,Missouri,65101 •(573)636.3303 Lab No. 2. 62 COMPACTION TEST REPORT 1 Project: Frog Hollow Detention Basin Project 33045 Location: Jefferson City, Missouri 1 Contractor: Date of Test: 30 June 2003 Material: Sample No. 2 Description CLAYEY SILT: Greenish gray, moist, firm, some sand 1 Source TP8/S4: Sampled 6.0' - 8.0' below existinr. grade. 1 Type of Test: ASTM D 698 "Standard" Method A 1 TEST RESULTS 1 110 1 � fti- 109 - c=.) _ _ _ MAXIMUM DRY DENSITY 1 ED 108 109.5 lbs./cu. ft. 107 OPTIMUM MOISTURE 1 w CONTENT 14.9 1} 106 105 104 TT' rf, rr rr 1 12 13 14 15 16 17 18 MOISTURE CONTENT, % Remarks: CC: ENGINEERING SURVEYS AND SERVICES BY: —17— Sheet of 1 i LAB NO.: 2562 PLAN OF ' PROJECT Project 33045 Basin 33045 BORING LOCATIONS • Jefferson City, Missouri ' SCALE. In = 100' ' 7P2� Lq y ca ' 7P1 PROPOSED PARKING LOT 7P5 ' 7PJ 7P4 PROPOSED FIELD PROPOSED FIELD N Il i, 7P6 NNOOT EXCAVATED 7P7 o78 7P9 PROPOSED FIELD MANHOLE 0 TP10 - - - - - - - - - - - - NOT EXCAVATED i _ — {� / 7P11 7112 7P13 TP14 B14A B15 816 PROPOSED BERM 1 — -- MANHOLE 0 EXISTING BM=100.0' SWALE Engineerinq Surveys & Services -18- LAB NO.: 2562 LOG OF BORING N0. TP1 PROJECT.' Frog Hollow Detention Basin 1 Project 33045 TYPE. 42" Bucket Jefferson City, Missouri Li 4 zz r COHESION, TON / SQ. FT. 1 SOIL DESCRIPTION 0.2 0.4 0.6 0.8 1.0 t.2 1.4 U. aw (L a:— 1 TYPE, COLOR, MOISTURE & OTHER o z� °� PLASTIC WATER LIQUID 7N � LIMIT CONTENT, LIMIT O LOCATION: See Appendix p ¢ zm ___ __�______ SURF. ELEV.: 98.0' m U �—' 10+20 30 40 50 60 70 1 CLAYEY SILT: Grayish brown, moist, friablo- Rome roots LIMESTONE: Gray, highly fractured, ' highly weathered 1 1 5 1 1 1 10 1 1 15 1 Completion Depth: 1.0' Depth to Water: None Encountered 1 Date: 13 June 2003 Dote: 13 June 2003 Engineering Surveys & Services _�a_ ' ' LAB NO.: 2562 LOG OF BORING N0. TP2 ' PROJECT: Frog Hollow Detention Basin Project 33045 TYPE. 42" Bucket • Jefferson City, Missouri '� � zo r� COHESION, TON / SQ. FT. SOIL DESCRIPTION W °Q 3 0.2 0,4 0.6 o.s 1.0 1.2 1.4 W W WU r� ' a TYPE, COLOR, MOISTURE & OTHER a �' " °U PLASTIC WATER LIQUID M z' � w ¢ 3 emu: �- LIMIT CONTENT, % LIMIT ° to LOCATION: See Appendix O J 2m +------•------+ ' SURF. ELEV.: 102.6' m U °—' 10 20 30 40 50 60 70 SOD ROOT ZONE CLAYEY SILT: Grayish brown, moist, ' firm, friable - CL t — 4 - firm to hard • ' S 1 10 l5 ;l 1 Completion Depth: 5.0' Depth to Water: None Encountered 1 Date: 13 June 2003 Date: 13 June 2003 Engineering Surveys & Services -20- LAB NO.: 2562 LOG OF BORING NO. TP3 ' PROJECT: Frog Hollow Detention Basin ' Project 33045 TYPE: 42" Bucket Jefferson City, Missouri W o r- COHESION, TON / SQ. FT. ' SOIL DESCRIPTION W W W< r� 0.2 0,4 0.6 0,8 1,0 1.2 1.4 nJ TYPE, COLOR, MOISTURE & OTHER a �' U. °U PLASTIC WATER LIQUID , N ZN \ w ¢ 3 �:n '_' LIMIT CONTENT, % LIMIT C) N LOCATION: See Appendix m v jm +-------•------+ SURF. ELEV.: ' 10 20 30 40 50 60 70 ' CLAYEY SILT: Grayish brown, wet, soft, some roots SILTY CLAY: Gray mottled orange, moist, firm to soft CL { — _ _ + 1 - firm, trace chart gravel 5 , LIMESTONE: Gray, highly fractured, highly weathered 10 ' III 15 ' Completion Depth: 5.5' Depth to Water: 0.0' ' Date: 13 June 2003 Date: 13 June 2003 , Engineering Surveys ch Services -21- ' LAB NO.: 2562 LOG OF BORING NO. TP4 ' PROJECT: Frog Hollow Detention Basin Project 33045 TYPE. 42" Bucket • Jefferson City, Missouri w L& zo � COHESION, TON / SQ. FT. 1 SOIL DESCRIPTION o: o¢ } o.z 014 0;6 068 t,0 1.,2 1.4 W W W_U 7 a TYPE, COLOR, MOISTURE & OTHER a. ```' �� PLASTIC WATER LIQUID ' :n Z v: w ¢ N LIMIT CONTENT, % LIMIT v to LOCATION: See Appendix O J zm, �,______a______- ' SURF: ELEV.: 96.6' m U 1 10 20 30 40 50 60 70 CLAYEY SILT: Grayish brown, wet, soft ' - moist, firm to soft • SILTY CLAY: Grayish brown mottled orange, moist to dry, friable, some chart gravel 1 ' S CHERT GRAVEL: Medium sized, poorly graded, some clay NLIMESTONE: Gray, wet, highly fractured, highly weathered 10 ' 15 t Completion Depth: 8.0' Depth to Water: 0.0' ' Date: 13 June 2003 Dale: 13 June 2003 Engineering Surveys & Services -99- I LAB NO.: 2562 LOG OF BORING N0, TP5 PROJECT: Frog Hollow Detention Basin ' Project 33045 TYPE.• 42" Bucket Jefferson City, Missouri ' W CL � 0 3 F COHESION, TON / SQ. FT. ~ SOIL DESCRIPTION L" U` w w °w } 0,2 014 016 0,8 1.0 1.2 1.4 ' a TYPE, COLOR, MOISTURE & OTHER o_ PLASTIC WATER LIQUID N + Z� LIMIT CONTENT, % LIMIT o (n LOCATION: See Appendix o =¢ zap ___ __0______ SURF. ELEV.: 100.7' m U �-' 10 20 30 40 50 60 70 ' SILTY CLAY: Gray mottled orange, • moist, firm ' GRAVELLY CLAY: Reddish brown, moist, firm to hard, fine to medium sized chert gravel • , - gravel content increasing led • t 5 ' 1 10 ' 15 1 Completion Depth: 5.0' Depth to Water: None Encountered ' Octet 13 June 2003 Dote: 13 June 2003 Engineering Surveys & Services _')3_ ' LAB NO.: 2562 LOG OF BORING N0. TP7 PROJECT: Frog Hollow Detention Basin Project 33045 TYPE. 42" Bucket • Jefferson City, Missouri Q o F COHESION, TON / SQ. FT. ' U SOIL DESCRIPTION °a 3`` 0.2 0.4 0.6 0,8 1.0 1.2 1.4 W W wU a TYPE, COLOR, MOISTURE & OTHER a z� °U PLASTIC WATER LIQUID ' o Ln LOCATION: See Appendix o �a z LIMIT CONTENT, % LIMIT M •--- SURF. ELEV.: 98.1' m cU 10+20 30 40 50 60 70 FILL: Silty Clay; Orangish brown, moist, firm, trace roots - gray mottled orange ' S M - Clayey Silt; Greenish gray mottled orange, moist, firm, some sand • ' - wet, soft, brush debris 10 SNALEY LIMESTONE: Buff with green, highly fractured, highly weathered ' 15 1� Completion Depth: 12.0' Depth to Water: 8.0' ' Date: 9 June 2003 Date: 9 June 2003 Engineering Surveys & Services -24- 1 LAB NO.: 2562 LOG OF BORING N0. Tpg PROJECT. Frog Hollow Detention Basin , Project 33045 TYPE: 42" Bucket Jefferson City, Missouri UJ :rte zo r r COHESION, TON / SQ. FT, ' LL SOIL DESCRIPTION a °¢ 02 0.4 06 D.s 1.D 1.z 1.4 w (L M S2 , a`' TYPE, COLOR, MOISTURE & OTHER a ``" °J PLASTIC WATER LIQUID rn z ti w Ln LIMIT CONTENT, % LIMIT v to LOCATION: See Appendix O J Zm SURF. ELEV.: 95.5` Co I U 10 20 30 40 50 60 70 ' FILL: Silty Clay; Brown mottled orange, moist to wet, firm to soft - trace medium sized gravel , 5 ' CLAYEY SILT: Greenish gray, moist, firm, some sand 1 10 LIMESTONE: Grayish white, wet, , highly fractured, highly weathered 15 Completion Depth: 10.0' Depth to Water: 10.0' Date: 13 June 2002 Date: 13 June 2003 ' Engineering Surveys & Services -25- LAB NO.: 2562 LOG OF BORING NO. TP9 r PROJECT: Frog Hollow Detention Basin Project 33045 TYPE: 42" Bucket Jefferson City, Missouri w � z r-F COHESION, TON / SO. FT. r SOIL DESCRIPTION o 3:w LL w W o a } j 0.2 0,4 066 0.8 1.0 1.2 1.4 U_ IL TYPE, COLOR, MOISTURE & OTHER n " PLASTIC WATER LIQUID r w ¢ 3 �V1 �� LIMIT CONTENT, J LIMIT 0 (n LOCATION: See Appendix 0 < Z SURF. ELEV.: 96.5' m v 0 10*20 30 40 50 60 70 CLAYEY SILT: Grayish brown, moist to wet, soft 1 ' - moist, firm r 5 SILTY CLAY; Gray mottled orange, moist, firm CIL 1 1 10 CHERT GRAVEL: Medium sized, wet, ' some clay r LIMESTONE: Gray, highly fractured, highly weathered, wet i r15 r Completion Depth: 12,5' Depth to Water: 10.0' ' Dale: 13 June 2003 Dote: 13 June 2003 Engineering Surveys 3• Services -26- 1 LAB NO.: 2562 LOG OF BORING NO. TPtI PROJECT: Frog Hollow Detention Basin 1 Project 33045 TYPE: 42" Bucket Jefferson City, Missouri w zz COHESION, TON / SO. FT. 1 SOIL DESCRIPTION ,- 3:w a: o a 0.2 0.4 0.6 0.6 1.0 1.2 1.4 W a. - 1 n''. TYPE, COLOR, MOISTURE & OTHER a ``"- o� PLASTIC WATER LIQUID �n z Ln � w a 3 �cn � LIMIT CONTENT, % LIMIT C3 cn LOCATION: See Appendix o J zm ,t,______0______* SURF. ELEV.: 92.0' m U �—' 10 20 30 40 50 60 70 1 FILL: Clayey Silt; Orangish brown, moist, firm, some roots 1 LIMESTONE: Grayish white, fractured, weathered 1 J ' 1 10 1 1 15 1 1 Completion Depth: 3.0' Depth to Water: None Encountered Date: 9 June 2003 Date: 9 June 2003 1 Engineering Surveys & Services _ 2_ ' LAB NO.: 2562 LOG OF BORING N0. TP12 ' PROJECT, Frog Hollow Detention Basin Project 33045 TYPE.• 42" Bucket • Jefferson City, Missouri '`' 1-: 'z f-;F COHESION, TON / SQ. FT. 1 LL SOIL DESCRIPTION W oa 0.2 0.4 0.6 0.8 1.0 1.2 1.4 W W WV >- =i a.a TYPE, COLOR, MOISTURE & OTHER 0 (Z— TYPE, 0 U PLASTIC WATER LIQUID 1 w ¢ 3 DLni -� LIMIT CONTENT, % LIMIT 0 to LOCATION: See Appendix 0 ¢ zm ____ *____ ' SURF. EL V.: 90.6' m v 0-'10+20 30 40 50 60 70 SOD/ROOT ZONE FILL: Silty Clay; Grayish brown ' with orange, moist, firm, some roots • - Silty Clay; Orangish brown, moist, firm CL - orangish brown mottled gray, firm to soft 5— LIMESTONE: Gray, highly fractured, ' highly weathered 10 1 ' 15 1� Completion Depth: 5.0' Depth to Water: None Encountered Dote: 9 June 2003 Dote: 9 June 2003 Engineering Surveys & Services -28- LAB NO.: 2562 LOG OF BORING N0. TP13 PROJECT: Frog Hollow Detention Basin ' Project 33045 TYPE. 42" Bucket Jefferson City, Missouri a z F COHESION, TON / SO. FT. ' SOIL DESCRIPTION `` ° w U. W o< 1 0.2 0.4 0 6 0.8 .0 1.2 1.4 a TYPE, COLOR, MOISTURE & OTHER a "" �� Z PLASTIC WATER LIQUID ' Vl VI \ w :n LIMIT CONTENT, % LIMIT p (n LOCATION: See Appendix 0 ¢ zaj SURF. ELEV.: 89.3' m U 0J 10+20 30 40 50 60 70 ' SILTY CLAY: Orangish brown, moist, firm, trace sand ' SILTY CLAY: Grayish brown, moist, , firm to hard, trace chert gravel - mottled orange ' 5 , CLAYEY SILT: Greenish gray, moist, firm to hard, some sand CL LIMESTONE: Gray, highly fractured, , highly weathered 10 1 15 ' Completion Depth: 9.0' Depth to Water: 9.0' Dale: 13 June 2003 Date: 13 June 2003 ' Engineering Surveys & Services -29- ' LAB NO.: 2562 LOG OF BORING N0. T1114 ' PROJECT: Prog Hollow Detention Basin • Project 33045 TYPE: 42" Bucket Jefferson City, Missouri a z COHESION; TON / SO. FT. SOIL DESCRIPTION U. ° 34 w w o a } � 012 014 0.6 018 1.0 1.2 1.4 _U '. aJ TYPE, COLOR, MOISTURE & OTHER a "�' °U PLASTIC WATER LIQUID W z�n w ¢ 3 min LIMIT CONTENT, % LIMIT 0 En LOCATION: See Appendix 0 < Z ___ __ — ELEV.: 89.9' m 10 +20 30 40 50 60 70 ' SILTY CLAY: Orangish brown, wet, soft, friable ' CL ' S SILTY CLAY: Greenish gray mottled — —— orange, moist, firm, some sand, CL — t trace chert gravel N CLAYEY GRAVEL: Greenish gray, wet, ' dense, medium sized gravel LIMESTONE: Gray, wet, highly 10 fractured, highly weathered ' 15 Completion Depth: 9.5' Depth to Water: 0.0' Date: 13 June 2003 Dole: 13 June 2003 Engineering Surveys & Services -30- 1 LAB NO.: 2562 LOG OF BORING N0. B14A PROJECT: Frog Hollow Detention Basin , Project 33045 TYPE: 8" Hollow Stem Auger Jefferson City, Missouri pz r COHESION, TON / SQ. FT. 11 LL SOIL DESCRIPTION o oQ 3 0.2 0.4 0.6 0.8 1.0 1.2 1.4 o_ `` U ' a TYPE, COLOR, MOISTURE & OTHER 2`L o� PLASTIC WATER . LIQUID w < 3 LLA �� LIMIT CONTENT, 7 LIMIT M to LOCATION; See Appendix O ¢ Zm ___ -____ , SURF. ELEV.: 90.5' m U > -' 10 +20 30 40 50 60 70 CLAYEY SILT: Dark brown, moist, firm 1 SILTY CLAY: Grayish brown mottled , orange, moist, firm, trace fine 13 chert gravel - some chart gravel , 5 GRAVELLY CLAY: Orangish brown ' moist, firm to hard, medium sized chert gravel 115 • 17 • ' 1 10 ' LIMESTONE: Grayish white, fractured weathered - slightly weathered, moderately hard , 15 ' Completion Depth: 11.5' Depth to Water: 8.5' Dote: 7 July 2003 Dote: 8 July 2003 ' Engineering Surveys & Services -31- ' LAB NO.: 2562 LOG OF BORING NO. B15 ' PROJECT: Frog Hollow Detention Basin • Project 33045 TYPE.• 4" Auger Jefferson City, Missouri ``' � z r F; COHESION, TON / SQ. FT. o SOIL DESCRIPTION ❑ oQ3`` 0,2 04 os o.a 1.0 1.2 1.4 W W UJ � U ' a TYPE, COLOR, MOISTURE & OTHER N zN �� PLASTIC WATER LIQUID W ¢ 3 Zvi r LIMIT CONTENT, % LIMIT o N LOCATION: See Appendix p ¢ Z t SURF. ELEV.: 91. 1' --____ _40 50 ^60 70 CLAYEY SILT: Dark brown mottled m u �-' 10 orange, moist, firm ' GRAVELLY CLAY: Dark brown, moist, firm to hard, medium sized chert ' gravel 108 ' S LIMESTONE: Grayish white, wet, Nsoft, fractured, highly weathered 1 10 1 ' So ' 15 1� Completion Depth: 13.6' Depth to Water: 3.3' ' Dote: 7 July 2003 Dote: 8 July 2003 Engineering Surveys 4 Services -32- LAB NO.: 2562 LOG OF BORING NO. 816 PROJECT. Frog Hollow Detention Basin TYPE. 6" Hollow stem Auger , Project 33045 g Jefferson City, Missouri ' W z0 r COHESION, TON / SQ. FT. SOIL DESCRIPTION 3`` L` w w } 0,2 0.4 066 0,13 1.0 1.2 1.4 ' aa- TYPE, COLOR, MOISTURE & OTHER o Z` PLASTIC WATER LIQUID ' �vV'i �-� LIMIT CONTENT, X LIMIT o N LOCATION: See Appendix 0 < Zm. SURF. ELEV.: 95.8' m U - 10 20 30 40 50 60 70 SOD SILTY CLAY: Reddish brown, moist, ' firm, trace fine chert gravel • GRAVELLY CLAY: Reddish brown, ' moist, firm to hard, fine chart 12 • gravel 5 ' LIMESTONE: Grayish white, dry, highly weathered ' 1 10 , 1 15 Completion Depth: 10.0' Depth to Water: 8.7' Date: 7 July 2003 Dote: 8 July 2003 ' Engineering Surveys Q Services -33- From:JC COMMUNITY DEVELOPMENT 573 634 6457 07/21/2006 16:50 #201 P.OD2/009 ' r 4' ADDENDUM NO. 1 PROJECT NO. 33045 FROG HOLLOW DETENTION BASIN ° JULY 21, 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: Don Schnieders Excavating Company, Inc. =' TITLE: Vice President _ _ w N CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT f' i' ,•rl f'1 Page 2 of 2 ADDENDUM NO. 1 PROJECT NO. 33045 FROG HOLLOW DETENTION BASIN JULY 21, 2006 ?' 1. The pre bid minutes are included with, and are part of this addendum. t1.. 1 ' `1 I i 1 1 1 r:; ' City of Jefferson �s John Landwehr • Mayor Department of Community Development Patrick E.Sullivan,P.E.;Director 320 East McCarty Street Phone: (573)634-6410 Jefferson City,Missouri 65101 Fax: (573)634-6562 July 20, 2006 ' Attendees and Plan Holders Frog Hollow Detention Basin, Project No. 33045 ' Subject: Frog Hollow Detention Basin Project# 33045 Pre-Bid Minutes ' Dear Attendees and Plan Holders, A pre-bid conference was held in the Thomas Jefferson conference room of City Hall on Tuesday, July 18, 2006, for the above noted project. Those attending the meeting are as listed below: NAME REPRESENTING Sam Gaines Sam Gaines Construction Luke Hake Muenks Brothers Construction Darrin Shinn Keven Rackers Excavating Jerry Temmen Temmen Excavating Len Bonnot City of Jefferson ' David Bange City of Jefferson Bruce Dawson Engineering Surveys & Services ' The meeting proceeded with a general discussion of the planned project and an overview of the specifications. This letter summarizes the proceedings of that meeting and the questions received at ' the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the Items that were specifically discussed. GENERAL COMMENTS: BID OPENING: Tuesday, July 25, 2006 at 1:30 p.m. CONTRACT TIME: 50 working days ' LIQUIDATED DAMAGES: $500.00 a day. '. City or ", of erson ( (� '1 COMMUNITY DEVELOPMENT ►U W "building .1 better community" ' F.ICITY•PROJECT51$tOda•F4w Ncd:n•n•r>r..tenluin`,f:uuu�.,�oou,:........... fig..mno.!io6 1 2 '• NOTICE TO PROCEED: The contractor can expect the notice to proceed near the end of August, 2006. ' No questions will be allowed after 12:00 PM, Thursday, July 201h at 12:00 noon. PLAN REVIEW: Attention was drawn to the following items. ' • The site is generally covered in trees, brush, and tall grass in addition to several existing brush piles. All of this material will need to be removed from the site. • A portion of the site has been designated as a wet land by the Corp of Engineers. This area shown on the plans is not to be disturbed. The City will stake the construction limits in this area. ' • The inlet structure is multi-staged with various openings, the detail of this structure can be found on sheet 12. The outlet structure is a combination of cast in place end section and gabion baskets and mattresses. The details for these structures can be found on sheets 12 and 13 of ' the plan set. • There is a portion of the sanitary sewer which will need to be rebuilt in conjunction with this project. This will entail the replacement of the manhole labeled "A" and "C" which are the connections to the existing sewer and the construction of a new manhole at location "B". Part of this work will be performed in the area of the wet land. The contractor has a 20 wide corridor in which to work in this area, The contractor shall bed the pipe in accordance with City standards and cover the ditch with the native material. • The section of sanitary sewer which Iles under the proposed dam is to be removed and the trench compacted with clay. The manhole Into which this section of sewer is running is to have N the pipe plugged and the invert reshaped. • In the area shown by note 7 on the plans shall not have any vegetation removed from the south side of the flow line of the ditch that runs through the area. ' . When installing the gabion mattresses and baskets the contractor will be operating in an existing stormwaler easement outside the City owned property. The contractor shall use every precaution so as not to disturb the vegetation outside the footprint of the concrete end section and gabions. • The proposed contours shown in the basin are to be representative of what the final grading is to be. The final grading need not match the contours exactly but rather the contractor shall achieve the general shape and elevation. The two channels that enter the basin from the wet ' land shall be defined as shown on the plan and on the cross sections. The concrete approach and drive shown on the plans shall be constructed after the fill has been Imported for the embankment. ' • There will be an access control gate at the entrance from Knipp Drive. This gate is to be constructed as a greenway trail gate as shown in the City of Jefferson Standard Details. The exception to the details Is that the horizontal arm is to be 120" long and the angled support arm ' is to be lengthened to extend to within 24 inches of the end of the horizontal arm. SPECIFICATIONS AND CONTRACT DOCUMENT REVIEW: • There is a bid packet provided for your submittal, ' • Special Provisions o SP-6 — The land disturbance for this project is covered under the City's permit. The '. it of erson 5 COMMUNITY DEVELOPMENT 'budding a hotter commundy" F 1C11 Y-PROJFCTS`3311.1',. Fnv{•il9 on U.Irilprp Y�.v m nr 7• ^o (dq n ,pv. ' 3 '• contractor shall follow the requirements of this permit in all his work. o SP-7 —The contractor shall provide a project sequencing plan to the engineer at the Pre ' Construction Conference so that an erosion control plan can be developed that will best address the construction sequence. The notice to proceed will not be given until the erosion control plan is in place. ' o SP-11 —There is only a small amount of rock expected on the job. The areas in which it is expected is in the installation on the gabion mattresses and the keying of the seep collar. o SP-12—The City will provide the staking for the project. o SP-16 and SP-17 - These specifications concern the construction of the embankment and the inspection and verification of the material and methods. SP-17 directs the contractor to retain a geotechnical engineer to design as testing plan to ensure and certify that the embankment will serve the purpose of a dam for the temporary impoundment of water. ' QUESTIONIANSWER: (Received at the are bid meetina and those received by telephone, etc. Prior to 12:00 PM Thursday July 20, 2006) ' QUESTION: If the access road is constructed of rock will the slopes need to be covered with dirt, ANSWER: No it will not be required to cover the rock with dirt, however if the access road is constructed with soil then it will need to be finished in a manner that will sustain grass. ' QUESTION: How deep do the ditches through the basin need to be? ANSWER: The ditches are designed to have a three foot wide bottom and approximately one foot in depth. They then widen to create a wide shallow swale as can be seen in the contours. QUESTION: Will compaction testing be required for the access road? ANSWER: Compaction testing will not be required. It is assumed that the construction loads ' themselves will provide adequate compaction. QUESTION: Which sanitary manholes need to be replaced? ' ANSWER: The manholes labeled "A" and "C" are existing manhole on existing sewer lines. These two manholes are to be replaced with new manholes. Manhole "B" is a new manhole to be placed in the proposed sewer line. ' QUESTION: Is there to be rock placed on the access road? ANSWER: Yes, the rock is to be placed on the road as shown on page 13 of the plans. The cost of this Item is to be included in the cost of the earthwork. QUESTION: Does the manhole in the middle of the basin need to be removed? ' ANSWER: The manhole does not need to be removed. That manhole and the associated pipe can be abandoned in place except for the pipe noted as Note 2 on the plans. QUESTION: What Is the make up the of gabion outfall? ' ANSWER: There are several different gabions at the outfall ranging from 3' x 3' baskets to 12" and 9" thick mats. The details on sheet 13 show the layout. The gablons shall be galvanized. ,• City of ,,, of erson ' Jil COMMUNITY DEVELOPMENT III W 'budrin q a better community" 4 ,y QUESTION: Of the 7000 yards list as available on site how much of it will be usable for the embankment? ANSWER: It is presumed that the majority of this material, apart from the soil containing organic matter, will be able to be used in the construction of the embankment. The final ' determination of the material's suitability for the embankment will need to be determined by the geotechnical engineer. QUESTION: How much material will need to be removed in the area of the embankment foundation prior to it construction. ANSWER: The boring logs contained as appendix "A" show that from sta. 0+00 to 1+00 approximately 3 feet of silly clay can be expected. From station 1+00 to 3+50 ' approximately 5 to 7 feet of material may need to be removed. No borings were taken along the remained of the embankment; however, it is reasonable to presume that this area would be similar to the borings taken at TP-15 and TP-16 which show the presents ' of approximately 3 feet of silly clay material. The final determination of the amount of material that needs to be removed will be left to the determination of the geotechnical engineer. ' QUESTION: Can the native material be blended with the imported material for the embankment construction? ANSWER: The use of the native material in the embankment construction shall be at the direction of the geolechnical engineer. 'N e%Kerely, rr David Bange Design Engineer DB:db t '• City of 01,: ef erson g ' COMMUNITY DEVELOPMENT 111 "building a better community" FACITY-PROJECTS133n45•Frott Hollow DelenlmnlCoirc,pnndenurr'n:Bid nntes.doe • FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2290 - Frog Hollow Detention Basin Project No. 33045-002 Community Development, Opened July 25, 2006 BIDS RECEIVED: Don Schnieders Excavating,Jefferson City, MO $270,192.00 Temmen Excavating, Jefferson City, MO $274,660.12 Bill Sullivan Excavation, Silex, MO $325,050.00 Jeff Schnieders Construction Co.,Jefferson City, MO $417,019.75 Kevin Rackers Excavating, New Bloomfield, MO $ 14,946,489.30 *Twehous Excavating, Jefferson City, MO $520,123.80 Plans and Specifications were sent to six plan houses and requested by four additional vendors. *Outside the City limits of Jefferson City. FISCAL NOTE: • 1000-4200-1940.0020 3501-9900-7350-3025 Street Professional Services Stormwater Capital Proj. Frog Hollow Detention 2005-06 Budget $164,700.00 2005-06 Budget $165,129.00 Expended $ 13,445.65 Expended $ -0- Encumbered $ 392.00 Encumbered $ -0- Bid 2289 $ 67,276.00 Bid 2290 $165.129.00 Bid 2290 $ 83.586.00 Balance $ -0- Balance .35 6400-9820-7310-0055 Sewer Rehab& Repl. Wastewater Capital Proj. 2005-06 Budget $174,000.00 Expended $ -0- Encumbered $ -0- Bid 2290 $ 21.477.00 Balance $152,523.00 PAST PERFORMANCE: Don Schnieders Excavating has been awarded contracts with the City of Jefferson in the past and has completed them as specified and bid. • RECOMMENDATION: Staff recommends award of the bid to Don Schnieders Excavating of Jefferson City, Missouri in the amount of$ 270,192.00. page 2 of 2 ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation Signatur " P6rchaYineXgcnt Director, Com ity Development ttcv m . 1.. of ersony MY DEVELOPMENT Memorandum 1 COMMUN P1T1iCt C.eULYV.M,PC;Di11COT01 320 East McCarty Street a Jefferson City, Missouri 65101 Phone: (573) 634-6410 a Fax (573) 634-6562 a www.Jeffcitymo.org Date: July 27, 2004 To: Terry Stephenson -Purchasing Agent,Finance From: Matt Morasch, P.E. - Deputy Director for Public Wor Re: Frog Hollow Detention Basin Project No. 33045-002,Bid No. 2290 Public Works has completed a review of the bids opened at 1:30 PM on July 25, 2006 for the above noted project. As part of the review all the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors. Attached to this memo is the tabulation of the six (6) bids that were received for the project. • Based on our review, we recommend acceptance of the base bid from the low bidder Don Schnieders Excavating, 1307 Fairgrounds Road, Jefferson City, MO 65109. The bid total is $270,192.00. The project will be expensed as follows: Don Schniedera Excavatina Contract($270.192.00): Account Number: Amount Available: Required: Remaining: 1000-4200-1940-0020 $150,662.00 $ 83,586.00 $67,276.00 (general fund stormwater projects) 3501-9900-7350-3025 $165,129.00 $165,129.00 $0 (sales lax C detention) 6400-9820-7310-0055 $174,000.00 $21.477.00 $152,523.00 (wastewater relocations) Total $270,192.00 If you need any other Information please feel free to contact me at extension 453. 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