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HomeMy Public PortalAboutORD14012 BILL NO. 2005-153 • SPONSORED BY COUNCILMEN Councilmen Martin, Crane, Berry, Brown, Ferguson, { Harvey, Layton, Pone, Schnitzler, and Vogel ORDINANCE NO. /1 2/ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN ENTERPRISES FOR THE VETERAN'S PLAZA AND PARKING IMPROVEMENTS PROJECT. WHEREAS, Kauffman Enterprises has become the apparent lowest and best bidder on the Veteran's Plaza and Parking Improvements Project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Kauffman Enterprises 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 Kauffman Enterprises for Veteran's Plaza and Parking Improvements Project, Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of Its passage and approval. Passed: ����� . �,, % G� ,Approved: 6 lO /P es ding Officer / Mayor ATTEST: APPROV AS TO FORM: City Clerk City ou selor • t{fJ � i)tr�.:iktirruly.:tFti:t�t 4 � � 't� • .fi Trig t;r�,,. �•,5',,:�4jtJ i'fd t. b " vp� ){ Sj.i%l. y...Y'�•ggq. '! r r i r 4"ivy.} (,Y �l[�0}y� 1(;�F r� mYa�'" • y. . .r, pr tG f: „d)HJiS .�li ii �}a yyt rP .f:t �f 'ii• j � �r� tY �� ��'C'�rZt� F,��r 1''�•.A��J� uk���•a t Y ! GGG St fj yl `Y�y r.a "l `appms�aanwrwonmrnvanxraow«n.ava " '•��r,t .•/��+,C�t;} �'. iPY�.�'"tic °T'>�"tit�Y��S.j=l i•r ,7�i kt�Ty�<1 ���1,jt 1'f��.�r:L#�f ' • 62006 ;i.ttlX�1' ii Y .ag?' !,�::a' Y. ii:Y»(t„` j 'Y; KA i�aii.. 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FEVeteran's ONS AND CONTRACT DOCUMENTS PROJECT NO. 62006 Plaza and P arking Improvements Np1uy1111JI&� � M[iER E•16996 ' Jefferson City Department of Community Development ' January, 2006 1• '• TABLE OF CONTENTS ' Advertisement for Bids ' 0 Notice to Bidders • Information for Bidders • Bid Form " • Bid Bond " ' a Anti-Collusion Statement " • Contractor's Affidavit ` ' 0 Minority Business Enterprise Statement ' 0 Minority Business Utilization Agreement " • Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination ' • Affidavit of Compliance Public Works Contracts Law ' • Excessive Unemployment Exception Certification • Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions 1 0 Attachments ' 0 Addendums ( If Any ) INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 ' TABLE OF CONTENTS 1• I Advertisement for Bids • Notice to Bidders ' 0 Information for Bidders • Bid Form 1 0 Bid Bond ` ' 0 Anti-Collusion Statement ' • Contractor's Affidavit` ' a Minority Business Enterprise Statement ' • Minority Business Utilization Agreement ' • Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law ' • Excessive Unemployment Exception Certification • Construction Contract ' 0 Performance, Payment, and Guarantee Bond ' • General Provisions • Special Provisions ' 0 Attachments ' a Addendums ( If Any ) (• INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) ,• ADVERTISEMENT FOR BIDS ' Sealed bids will be received at the office of the Purchasing Agent, 320 East ' McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, February 7, 2006. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 62006, Veteran's Plaza and Parking Improvements" will include the furnishing of all material, labor, and ' equipment to construct a new Veteran's Plaza and Memorial within the green space on the north side of the Police Department building. The project will consist of the relocation of the existing memorial obelisk which presently stands ' between City Hall and the Police Department Building, and the construction of viewing boxes for the placement of Romanstone pavers to be engraved at a later date. The project will also consist of the expansion of the Police parking lot and ' construction of a new entrance from McCarty Street to the parking lot, along with concrete/brick screen walls and modular block retaining wall. A pre-bid conference will be held at 10:00 AM, on Tuesday, January 31, 2006 in the Small Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, ' Jefferson City, Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' The contract will require compliance with the wage and labor requirements and ' the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. ' The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON ' l S�t.(,ry Sfeph Purchasing Agent ,• 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,February 7,2006. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 62006, Veteran's Plaza and Parking Improvements" will include the furnishing of all material, labor, and equipment to construct a new Veteran's Plaza and Memorial within the green space on the north side of the Police Department building. The project will consist of the relocation of the existing memorial obelisk which presently stands between City Hall and the Police Department Building, and the construction of viewing boxes for the placement of Romanstone pavers to be engraved at a later date. The project will also consist of the expansion of the Police parking lot and construction of a new entrance ' from McCarty Street to the parking lot, along with concrete/brick screen walls and modular block retaining wall. A pre-bid conference will be held at 10:00 AM, on Tuesday,January 31, 2006 in the Small Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. ' Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty Dollars ($20.00) will be required for ' each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five(5)percent of the total amount of the bid must accompany each proposal. ' A one-year Performance and Guarantee Bond is required. ' The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond, ' CITY OF JEFFERSON, MISSOURI Patrick E. Sullivan, PE '• Director of Community Development 1 1 1 1 1 1 N 1 1 i 1 . 1 1� i 1 '• INFORMATION FOR BIDDERS ' IB-1 SCOPE OF WORK ' The work to be done under this contract includes the furnishing of all technical personnel, labor, materials, and equipment required to perform the work included in the project entitled ' "Project No. 62006, Veteran's Plaza and Parking Improvements" 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 a new Veteran's Plaza and Memorial within the green space on the north side of the Police Department building. The project will consist of the relocation ofthe existingmemorial obelisk which prosendystands between CllyHall and ' the Police DepartmentBuilding,andthe construction ofv iewing boxes fiorthepincement ofRomanstone pavers to be engraved at a later date. The project will also consist ofthe expansion of the Police parking lot and construction of a new entrance from McCarty ' Street to the parking lot, along with concreta/brick screen walls and modular block refaining wall. ' IB-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. ' I113-3 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. 1134 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such Investigations as deemed necessary to determine the ' ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. 1• 1 I113-6 EQUIVALENT MATERIAL ' Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may ' be used which will perform adequately the duties imposed by the general design, subject to the approval of the City. I0-6 BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after ' award of the contract except to the successful bidder. Should the successful bidder fall or refuse to execute the bond and the contract required ' within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. ' IB-7 PREPARATION OF BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid,or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. ' Extensions of quantities and unit prices shall be carried out to the penny. IB-6 PRICES ' The price submitted for each item of the work shall Include all costs of whatever nature Involved in Its construction, complete in place, as described in the Plans and Specifications. ' Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and ' materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by ' the bidder, that the bid prices submitted for those items shall include the cost of such taxes. IB-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the . quantities stated in the bid will not be used in establishing final payment due the successful ' Contractor. The quantities stated on which unit prices are so invited are approximate only and ,• each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. IB-10 LUMP SUM ITEMS ' Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall Include the costs of all labor,materials,tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS ' The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 62006, Veteran's Plaza and Parking Improvements". 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. I1134 3 WITHDRAWAL OF BIDS NIf 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. ' I0-14 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. IS-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 fumish 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. I0-16 PERFORMANCE AND PAYMENT BOND • A Performance and Payment Bond in an amount equivalent to one hundred percent(100%) ' of the Contract price, must be fumished 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. ' IS-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense In defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance ' outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER ' Upon the execution of the Contract and approval of Bond,the Bid Security will be returned to the bidder unless the some shall have been presented for collection prior to such time, In which case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT N Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. I8-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage ' hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 Inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance: In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, In the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies • required for replacement of parts, repair of parts or correction of abnormalities shall be paid ' by the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished underthe guarantee provisions fora period of one year from the date of installation thereof. 1 If within ten days after the City gives the Contractor notice of defect,failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the ' necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party,the costs of the work to be paid by the Contractor. ' in the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by ' the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. ' IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice. M 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. I8-25 LIQUIDATED DAMAGES ' Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work Is complete, should the project not be completed within the ' contract time. I8-26 POWER OF ATTORNEY ' Attomeys-in-fact who sign bid bonds orcontract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 10-27 BID PACKET '• Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: ' Purchasing Agent City of Jefferson, MO 320 E. McCarty Street ' Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the ' project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet Include the following: ' 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT ' END OF INFORMATION FOR BIDDERS 1 ' BID FORM ,• Name of BidderL��r1'If ' Address of Bidder PO eo K lens-, ' To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER,having examined the plans,specifications,regulations of the Contract, Special Conditions, other proposed contract documents and all ' addenda thereto;and being acquainted with and fully understanding(a)theextend 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 N handling and rehandling of excavated materials; (f) the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to ' labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. ' HEREBY PROPOSED to furnish all required materials,supplies,equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings,specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the ' quantifies 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: P.O.Box 605 Kauffman Enterprises LLC Jefferson City,MO 65.102 ' Phone&Fat 673.997.3389 • Pager. 573.632.7433 ' February 8, 2006 Mr. Gene Williams City of Je6ers6n ' City Hall Jefferson City, Missouri 65101 RE: Bid Veteran's Plaza and Parking Lot Improvements Project Number 62006 Bid Date 2-7-2006 ' Dear Mr,Williams: ' Ref the above listed bid item No. 2.14 Subgrade Stabilization, I listed under the unit price the amt. of$4,000.00 in error, this is the total amount of the line item. The correct amount under unit price for Subgrade Stabilization is$20.00 per ton. I am sorry for any inconvenience and if you need additional information please do not hesitate to ' ask. Thanks, ' Thomas A. Kauffman Kau$'man Enterprises L.L.C. 1 1 1 1' 1 ' Page 1 of 1 ' CITY OF JEFFERSON • ITEMIZED BID FORM VETERAN'S PLAZA and PARKING IMPROVEMENTS ' PROJECT NO. 62006 ' ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT — Veteran's Plaza 1.00 Veteran's Plaza LS 1 %/L�,7kb //0 M ' 1-a Bronze 24"x 18"Memorial Plaque EA 1 �,v�s SD .c> Parking Improvements ' 2.01 Removals LS 1 /..Zl000pO- 1 Z,bOb 0�2 2.02 Grading,Additional Fill and Compacted Base LS 1 SonoT ' 2.03 Pavement SY 1,076 2.04 6"PCC Sidewalk SY 50 °= � 10 0 °U 2.05 4" PCC Sidewalk SY 250 -?,OLo 7 (oOo oe 2.06 Type A Curb and Gutter LF 700 ;AO 's, J 7, DO 3 60 2.07 Solid Block Modular Retaining Wall LS 1 ,7 , 95 _ 2±1sD °tl w 2.08 Brick/Concrete Walls and Foundations LS 1 )7�D�b �7i L L ' 2.09 Relocation of Parking Lot Lighting LS 1 OS?)°o 0 0 00 2.10 Automatic Sidewalk Heater System LS 1 3,5-a0 c0 3,500 Re-route Downspout Under New Entryway o0 ' 2.11 Sidewalk LS 1 Lf)d Topsoil, Fertilizer, Seeding and Mulching Within ' 2.12 Limits of Parking Lot Improvements LS 1 11500 2.13 Black Epoxy Coated Chain Link Fence LS 1 1M1 5-7) ' 2.14 Subgrade Stabilization Ton 200 DOLL C' a'1©6 TOTAL BASE BID Sq. aq2,3 ,Oat& Ik Signature of Bidder Date 1• 1 ,• SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. ' 01 4-TT- Rf4Des-4 A7J TIME OF COMPLETION The undersigned hereby agrees to complete the project within 60 working days, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted,the prices quoted above include ' all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested ' in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest In this bid or in the Contract to be entered into;and this bid is made without connection with any other person, company, ' or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud. N The undersigned agrees that the accompanying bid deposit shall become the property of the Owner,should he fail or refuse to execute the Contract or 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,ordelivering 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 ' MR be mailed, telegraphed, or delivered: PC) 7 �'�A�, "- '-Sox (oOJ`. ", /4 f.�FF�l�So i/ 6 /a L 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. ttached hereto is a Bid Bond fPr the sum of T4)�v+- I ltiauawu$ /U+n"_e AumAlUk' ( na�t � � ($ /a,94. bL Dollars (cashier's check), make payable to the City of Jefferson. 1 ' 1 Signature of Bidder: ,• If an individual, doing business as If a partnership, member of firm. by ' If e@*aW ion, i�'Fr.GF�i�f0 �J /J[�S L GG by Afe-ezd Title 1 SEAL Business Address of Bidder �� T� C) X G 5 a Z If Bidder is a corporation, supply the following information: ' State in which incorporated Name and Address of its: ' President ' Secretary Date Bond No. BID • BID BOND The American Institute of Architects, AIA Document No. A310(February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we THOMAS A.KAUFFMAN DIBIA KAUFFMAN ENTERPRISES,110 BOX 605,JEFFERSON CITY MO 65102 ' as Principal hereinafter called the Principal,and CONTRACTORS BONDING AND INSURANCE COMPANY a corporation duly organized under the laws of the state of WASHINGTON as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF JEFFERSON,320 E.MCCARTY STREET,JEFFERSON CITY,MO 65101. as Obligee, hereinafter called the Obligec, in the sum of FIVE PERCENT OF DID AMOUNT------------ — — Dollars ($--.5%---- ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly 1 by these presents. WHEREAS,the Principal has submitted a bid for VETERANS PLAZA AND PARKING LOT IMPROVEMENTS. 10 NOW, THEREFORE, if the Obligee shall accept the bid of die Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surely for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligec the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation ' shall be null and void,otherwise to remain in full force and effect. Signed and scaled this 7th day of February 2006 ' � ' J� / 1 THOMAS A.KAUFFMAN D78/A KAUFFMAN C L/L1�— ENTERPRISES Witness Principal (Seal) Name/Tllle ' CONT'ItACTORS BONDING AND(NSUP.4 FICA.1I'ANY ' Surety _ ;` p\l1G I' , Scpq I,-" "`{fl ��r�' '� ,�M� I!'N' /V1/•wr^-� Q�roP 0 1A P • By' -v---r,� Witness Jelrnli.Williams : �. �rpq' fn F�t , sir °v '� � ?19 7 0 i�trlyASH �NGSO`` A & r M RAN LIMITED POWER OF ATTORNEY Not Valid for Bonds Power of Attorney Executed On or After: DECEMBER 31ST, 2006 Number:983053 RLAD (AREFULLY - to be ,"sedr)nl ;t,ifh the bond .vpecifiied herein U Only no unallcred original of�Ilowcr ofAtiorney document is valid.A valid original of this document is printed On gray security paper witli blacl;,and red ink and bears the seat or Contractors Bonding and Insurance Company(tile"Company"). The original document contains a waicraulTk with the letters"chic"embedded in the paper rather than printed upon it.The watermark appears in file blank space belicatli the words"Limited power of Attorney"at the top of the document and is visible whets the document is held to the light.This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below,and provided also Mat file bond is uribe type indicated below.This document is valid oil]),if the bond is executed an or before the(late indicated above. it KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: JOHN H. WILLIAMS and TERRY BLICKHAN its true and lawful Attorney(a I-in-F&ct, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver an behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract in awarded, any bond or undertaking would be required with penal sum in excoult; of 410,000,000; ZI-d (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority Of the Board of Directors of the company.----------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- CERTIFICATE 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Ationicy remains in full force and effect and has not been revoked, and, flutherinore, that the resolutions of'the Board of Directors set forth on the reverse:are now in full force and effect. $11'I. Bond Number BID ,o, Signed and settled this 7th MY relink day of 2035 NNY III It.Knk E CBIC e 1213 Malley Street a P.O. Box 9271 a Seattle,WA 98109-0271 (206) 622-7053 0 (800) 765-CBIC(Toll Free) e (800) 950.1558 (FAX) N I0aIT0A.07.USQ5II64 & ZZ 1• ' ANTI-COLLUSION STATEMENT ' STATE OF �� ) COUNTY OF F ) --F#D mks -4, '44 4 FFIV I+A being first duly sworn, deposes and says that he is ©o-)AC-11,C of TITLE OF PERSON SIGNING ' NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance. N Affiant further certifies that bidder is not financially interested in,or financially affiliated with, any other bidder for the above project. (BY)F-i'ttLd (BY) Sworn to before me this Le,l o` day of 200 r .^ N S.CUMMNGS L , Notary utury Public—Notary Seal STATE OF MISSOURI Boone County OTARY P My Commission Expires Sept.7,21X18 '0 My commission expires: ' 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 COUNTY OF CL-e—, ss ) The undersigned, of lawful age, being first duly sworn states upon oath that he is ' ()GJ&/'c— of F—n/T-e r�wlz frc'P's the contractor submitting the attached bid, that he knows of his own knowledge and N 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, 14" aFF Subscribed and svpr rn to before me, a Notary Public, in and for the County and State aforesaid, this �_day of 20 U ( o . EILEEN S,CUMMINGS ,t Noury public—Naury Seol OTARY14A STATE OF MISSOURI Unanc County My Commission Bxpirec Scp�,),21N)fl jMy Commission Expires: Ocl-C9'7n=R 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. ' 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 women, ' or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and 2. Whose management and daily business operations are controlled by one or more such individuals. ' "Minority Group Member"or"Minority"means a person who is a citizen or lawful permanent resident of the United States, and who is: ' 1. Black(a person having origins in any of the black racial groups of Africa); 2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race); 10 1` 3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands); 4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America); 5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)]. ' 6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein. Minority Business Enterprises may be employed as contractors,subcontractors, or suppliers. 1• '• B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows: ' Name and Addresses. Nature of Dollar Value of of Minority Firms Participation Participation Le,�iu �� tittf C�N�r . Wc�.l� 1371g113`= Total Bid Amount: Total: 3�r�C7 00 Percentage of Minority Enterprise Participation: 53 % 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 contractto provide specific materials or services for a specific dollar amount. A roster of bona fide Minority Business Enterprise firms will be furnished by the ' City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after ' notification to the lowest bidder. Certification that the Minority Business Enterprise(s) has executed a binding ' contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator. ' D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth. L >,tc�l ' NAME OF AUTHORIZED OFFICER DATE ' SIGNATURE OF AUTHORIZED OFFICER 1 1 ,• AFFIDAVIT COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of J � , 1 State of t"w , personal y came and appeared i of the � FFlm� FW 'Ierwltl'jPs P,QS{TION NAME OF COMPANY ( , (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully 1 satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 12,Section 026,Cole County in carrying out the contract and work in connection with Project No. 62006, Veteran's Plaza and Parking Improvements located at Jefferson City in Cole County, Missouri, and completed on the �# day of�, 204. 1 / ' SIGNA ' Subscribed and sworn tome this LL day of oie,,J 20p(, EILEEN S.CUMMINGS ' Notary Public—Notury Scul STATE OF MISSOURI 000nc County N My Commission Expires Scpr.9.ZOOK ' My commission expires: C 9-/1-7(--c;-2 ' STATE OF MISSOURI ) ss 1 COUNTY OF ) Missouri Division of Labor Standards WAGE AND HOUR SECTION ' P THE s T �0 •+••••*••••'V 1 N � . o 'n VU .9y Mnccc (`0 MATT BLUNT, Governor Annual Wage Order No. 12 NSection 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this ' Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objections in triplicate with the Labor and Industrial Relations Commission, P.O. Boa 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been ' furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102.0449 pursuant to 8 CSR 20-5.010(l). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Signed by ' Colleen A. White, Director Division of Labor Standards ' This Is A True And Accurate Copy Which Was Filed With Secretary of Stale: March 9.2005 Last Date Objections May Be Filed:_ April S,20M ,• Prepared by Missouri Department of Labor and Industrial Relations 1 Building Construction Rates for REPLACEMENT PAGE Section 026 1 COLE County • -Effective Basic Over. OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ' Increase Rates Schedule Schedule Asbestos Worker 10/05 $26.44 55 60 $12.76 Boilermaker 9/05 $28.19 57 7 $17.42 ' Bricklayers-Stone Mason $25.16 59 7 $8.86 Carpenter 3105 $20.48 60 15 $8.91 Cement Mason $18.91 9 3 $10.10 Electrician Inside Wireman $25,641 28 1 7 1 $10.03+ 13% ' Communication Technician I IUSE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $34.065 26 54 $13.241 Operati o a Engineer Group 1 5105 $24.07 86 66 $14.53 ' Group II 5/05 $24.07 86 66 $14.53 Group III 5/05 $22.82 86 66 $14.53 Group III-A 5/05 $24.07 86 66 $14.53 ' Group IV 5105 $24.77 86 66 $14.53 Group V 5105 $26.07 86 66 $14.53 Pipe Fitter 7105 ibi $30.50 1 91 1 69 1 $17.18 Glazier $13.00 1 FED I 1 $1.84 ' Laborer Buildin General $17.22 110 7 $8.08 First Semi-Skilled $19.221 110 1 7 1 $8.08 Second Semi-Skilled $18.22 110 1 7 $8.08 , Lather USE CARPENTER RATE Linoleum La er&Cutter USE CARPENTER RATE Marble Mason $25.161 59 7 1 $8.86 Millwright 3105 $21.401 60 15 $8.91 Iron Worker 8105 $22.85 11 8 $14.64 Painter $20.50 18 7 $6.37 Plasterer $17.97 94 5 $9.85 , Plumber $21.50 FED $3.27 Pile Driver 3105 $21.48 60 15 $8.91 Roofer 9105 $24.75 12 4 $8.99 Sheet Metal Worker 7/05 $24.16 40 1 23 $10.54 ' Sprinkler Fitter $15.25 FED $2.38 Terrazzo Worker $25.16 59 7 $6.86 Tile Setter 1 $25.16 59 7 $6.86 Truck Driver-Teamster , Group 1 $20.10 101 5 $6.75 Group II $20.80 101 5 $6.75 Group 111 $20.50 101 5 $6.75 ' Group IV $20,80 1 101 5 $6.75 Traffic Control Service Driver Weldere•Acet lens&Electric Fringe Benefit Percentage Is of the Basic Hourly Rate ' Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at(573)751-3403. ' "Annual Incremental Increase , *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.12 10/0.5 •' 1 1 Building Construction Rates for REPLACEMENT PAGE Section 028 • COLE County Footnotes rve 51351C ver- 1 OCCUPATIONAL TITLE bate of Hourly Time Hollday Total Fringe Benefits Increase Rates Schedule Schedule 1 1 1 1 •Welders receive rate prescribed for the occupational title performing oporallon to which welding is Incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational titles not listed In Heavy Construction Shoots,use Rates shown ' on Building Construction Rate Sheet. a-Vacation; Employees over 5 years-9%; Employees under 5 years-6% •b- NI work over$3.5 Million Total Mechanical Conned-$30.50,Fringes-$17.18 Al work under$3.5 Million Total Mechanical Contract-$29.18,Fringes-$13.08 N 1 1 1 1 1 1 1• 'Annual Incremental Increase ANNUAL WAGE ORDER NO.12 7105 1 1 1 COLE COUN'T'Y OVERTIME SCUEDULE BUILDING CONs'rRUCTION ' FED: Minimum requirement per Fair Labor Standards Act means time and onc-hald'(1 'h)shall be paid lbr all work In excess of luny • (40)hours per work week. , NO.9: Means file regular workday smiting[fine of 8:00 a.m.(and resulting quilling time of 4:30 p.m.)may be moved forward to 6:00 um.or delayed onc hour to 9:00 a.m. All work performed in excess of tom regular work day and on Saturday shall be compensated alone and one-half(1'/,)times the regular pay. In (he event time is lost during the work week due to weather conditions, the Employer may, ' schedule work on the following Saturday at straight lime. All work accomplished on Sunday and holidays shall be compensated for u( double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. NO. 11: Means eight(8) hours shall constitute a day's work, with the starting time to be established between 7:00 am. unit 8:00 am. 1 from Monday to Friday. Time and onc-hull(I''/,)shall Ire paid for first Iwo(2)hours of overtime Monday through Friday and fire first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2)time rule. Double(2)time shall be paid for all time on Sunday and rccognized holidays or the days observed in lieu of these holidays. ' NO. 12: Means the work week shall commence on Monday at 12;01 a.m.and shut] continue through the following Friday,inclusive or each week. All work performed by employees anywhere in excess of forty(40)hours in one(1)work week,shall be paid for at the rate crone and one-half(I%,)times the regular hourly wage scale. All work performed within the regular working hours which shall consist ' of a ten(10)hour work day except In emergency situations. Overtime work and Saturday work shall be paid atone and one-half(1'G) times the regular hourly rate. Work on recognized holidays and Sundays shall he paid at Iwo(2)times file regular hourly rate. NO.I8: Means the regular work day shall be eight(8)hours. Working hours are from six(6)hours b 6orc 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 I:00 p.m,and 6:00 p.m.ran Frfdu-v. Saturday will be paid at time and one-huff(1'/,). Sunday and I Iulidays shall be paid at doubtc(2)time. Saturday can be u make-up day if file weather has forced a day oft but only In the week of die day being lost. Any , time bcrore six(6)hours before Noon or six(6)hours after Nixon will be paid at time unit one-half(1'/,). NO.26: Means that doe regular working day shat]consist or eight(8)hours worked between 6:00 am.,and 5:00 p.m.,five(5)days per week,Monday in Friday, Inclusive. flours of work at each jobsile shall be those established by the general contractor and worked by doe majority of trades. (Tic above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays,Sundays and before and after doe regular working day on Monday to Friday,inclusive,shall be classified as overtime,and paid for at double(2)the rate of single time. The employer may establish hours worked on u jobsile for a four(4)ten(10)hour day work week at straight time pay fix construction work; the regular working day shall consist of ten (10) hours worked consecutively, between 6:00 t am. and 6:00 p.m., four(4) days per week, Monday to l hursday, Inclusive. Any work performed on Friday, Saturday, Sunday unit holidays,and before and after the regular working day on Monday to Thursday where a fnur(4)ten(10)hour day workweek has been established, will be paid at two limes(2)the single time rate of pay. 'rhe rule of pay for all work performed on holidays shall be at two times(2)the single lime rate of pay. 1 NO. 28: Means eight(8)hours between 7:00 a.m, and 5:30 p.m„ with at least a thirty (30) minute period to be taken ror lunch, shall constitute u day's work five (5)days a week, Monday through Friday inclusive, shall constitute a work weak. The Employer has fie ' option for a workday/workweek or four(4)ten(10)hour days(4.1(I's)provided: -'[lie project must be for a minimum of flour(4)consecutive days. -Starting time any be a-hhfn one(1)hour either side of 8:00 am. ' -Work week must begin on either a Monday or Tucsday: If a holiday falls within that week It shall be a consecutive work day, (Alternate: If u holiday falls in the middle of u week,then the regular eight(8)hour schedule may be Implemented), -Any time worked in excess of any ten(10)hour work day(in u 4-10 hour work week)shall be at the appropriate overtime rate. All work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(I'/,)times file t employee's regular rate of pay. All work performed from 12:00 am.Sunday through 8:00 am. Monday and recognized holidays shall be paid at double(2)the straight time hourly rate of pay. Should employees work in excess of twelve(12)consecutive hours they shall he ' ✓ paid double time(2X)for all time after twelve(12)hours, Shift work performed between the hours of4:30 p.m.and 12:30 u.m,(second shift)shall receive eight(8)hours pay at the regular hourly rate of pay plus felt(10%)percent fix seven and one-hall'(7'/,)hours work. Shift work performed between the hours o f f 2:30 u.m.and 8:00 u.m.(third shill)shall receive eight(8)hours pay at The regular hourly rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch period ortldrty(30)minutes shall be allowed on each shift. All ' ovcnimc wort:required after the completion of u regular shift shall be paid at one and one-half(1'h)times the shift hourly rate. AWI2 026 OLdoc ANNUAL WAGE ORDER NO. 12 •' 1'a6eluf4l'eecs COLE COUNTY OVERTIME SCHEDULE ' DUILDING CONSTRUCTION • NO.33: Means the standard work day shall be eight (8)consecutive hours of work between the hours of 6;00 a.m, and 6:00 p,m., ' excluding the lunch period, or shall conform to the practice on the job site. Four(4)days al ten (10) hours a day may be worked at straight time,Monday through Friday and need not he consecutive. All overtime,except for Sundays and holidays shall be at the rate of time and one-half(I%). Overtime worked on Sundays and holidays shall be at double(2)time. ' NO.40: Means the regular working week shall consist of five(5)consecutive(8)hour days'labor on the job beginning with Monday and ending with Friday of each week. Four(4) 10-hour days any constitute the regular work week. The regular working day shall consist of eight(8)hours laden on the job beginning as early as 7:00 am,and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid fur at the regular hourly rate. All bours 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 lime and one-half(I'/,)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve (12)hours during the regular working day shall be paid at two(2)times the regular hourly rate. In the event of rain,snow,cold or ' excessively windy weather on a regular working day,Saturday may be designated ac a"mnkc-up"day. Saturday may also be designated as a"make-up"day,for an employee who has missed a day of work far personal or other reasons. pay for"make-up"days shall be at regular rates. ' NO.55: Means the regular work day shall be eight(8)hours between 6:00 am.and 4:30 p.m. The first two(2)hours of work performed in excess of the eight(8)hour work day,Monday through Friday,and the first ten(10) hours of work on Saturday,shall be paid at one& one-half(I%,) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours a day, Monday through Saturday,shall he paid at double(2)the straight time rate. ' NO. 37: 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 starling time shall be 8:00 am. The above may be changed by mutual consent of authorized personnel. When circumstances warrant,the Employcr may change the regular workweek to four(4)ten-hour days at the regular time ' rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and Idler the established workday of eight(8)hours,Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half (1'h)except in cases where work is part of an employee's regular Friday shlfL All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. NO.59: Means that except as herein provided,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per week shall constitute a week's work. All time worked outside of the standard eight(8)hour work day and on Saturday shall ire classified as overtime and paid the rate of time and one-half(I%). All lime worked on Sunday and holidays shall be classified as overtime and paid at the rate of double(2)lima The Employer bus the option of working either rive(5)eight hour days or four(4)ten hour days to constitute a normal forty(40)hour work week. When the four(4)ten-hour work week is in effect,the standard work day shall be consecutive ten ' (10) hour periods between the hours of 6:30 am. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job Is down for any reason beyond the Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten(I0)hours or flirty(40)hours per week. When the rive day (8) hour work week is in elfact, fony(40) hours per week shall constitute a week's work, Monday through Friday, ' inclusive. In the even[the Job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employcr, be worked as n make-up day; straight time not to exceed eight (8) hours or fony (40)hours per week. The regular starting time(and resulting quitting time) may be moved to 6:00 a.m, or delayed to 9:00 a.m. Makeup days shall not be utilized for days lost due to holidays. 1• ' ANNUAL WAGE ORDER NO, 12 AW I3 U260T.duc Page 2 or4 Pages COLE.COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION , NO. 60: Means the Employer shall have the option of working live 8-hour days or four 10-hour Jays Monday through Friday. Iran • Employer elects to work five e•hour days during any work week,hours worked more than eight(8)per day or forty(40)per week shall he ' paid at time and one-halr(I'm the hourly wage rate plus binge benefits Monday through Friday. SATURDAY MAKF-UP DAY: If an Employer Is prevented from working forty(40)hours,Monday through Friday,or any part Ihercorby reason of inclement weather(min or mud),Saturday or tiny part thereof may be worked as a make-up day at rite straight lime rate. It is agreed by the parties Thar the make-up Jay is not to be used to make up time lost due to recognized holidays. If on limployer elects to work four l0-hour days,between the t hours ol'6:30 a.m,and 6:30 p.m.in any week,work performed more than ten(10)hours per day or fimy(40)hours per week shall be paid at time and one half(1%z)the hourly wage talc plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and loses a day due ar inclement weather,the Employer may work ten(10)hours on Friday at straight time. Friday must be scheduled for no more than ten(10) hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1%)the hourly wage rate plus fringe bandits. All Millwright work performed in excess of the regular workday and nn Saturday shall be compensated for at time and one-half (1'G)the regular Millwright hourly wage rule plus fringe benefits. The regular work day starting of 8:00 a.m,fund resulting quilling time of 4:30 p.m.)mu),be moved forward to 6:00 am.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 he compensated fir of double(2)the regular hourly rate of wages plus fringe henclits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO.86: Means the regulur work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 am,and ending at 4:30 ' p.m. The regular work day beginning time may he advanced one or two hours or delayed by one hour. I lowevcr,the Employer may have the option to schedule his work week from Monday through 'Thursday at ten(10)hours per do),of the straight rime Tate of pay with all hours in excess of ten (10) hours in any one day to he at the applicable overtime rate. If the Employer elects to work from Monday ' through Thursday and Is stopped due to circumstances beyond his control, inclement weather nr holiday,he shall have lire option to work Friday at the straight time rule of pay to complete his forty(40)hours. If an employee declines to work Friday as a make-up day,he shall not be penalized. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'h)of the hourly rate ' plus an amount equal to one-half('/,)of the hourly 'Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double(2)the hourly rule plus an amount equal to the hourly'I'otal Indicated Fringe Benefits. NO. 91: Means eight (8) hours shall constitute a Jay's work commencing at 8:00 a.m. and ending at 4:30 p.m„ allowing one-half('h) hour for lunch. The option exists for the Employer to use a flexible starling time between the hours of 6:00 am. and 9:00 a.m. The regular workweek shall consist at'forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4) ten(10)hour days from Monday through Thursday,with Friday as u make-up Jay. Ffthe make-up day is u holiday,the employee shall be paid at the double(2)lime rate. The emplo-vices shall be paid time mod one-half(I'G) for work performed before the regular starting time or of er the regulur quilting lime or over eight(8)hours per work day (unless working u 10-hour work day,then time and one-half(I%r)is paid for work performed over ten(10)hours u day)or over forty(40)hours per work week. Work performed on Saturdays,Sundays and recognized holidays shall he paid at(Ire double(2)time rate of pay. NO,94: Means eight(8)hours shall constitute u days work benwecn the hours of 8:00 a.m.and 5:00 pan. 'file regular workday starting ' time of 8:00 u.m.(and resulting quilting lime of 4:30 p.m.)cony be moved lirward to 6:00 a.m.or delayed one(I)hour to 9:00 a.m. All work performed in excess of file regular work day and on Saturday shall be compensated at one and one-half(1'/j)limes the regular pay. ' In the event time is lost during the work week due uo weather conditions,the Employer may schedule work on the following Saturday at straight lime. All work accomplished on Sunday and holidays Shull be compensated at double the regular rate of wages. NO. 101: Means thut except its provided below,eight(8)hours u day shall constitute u standard work day,and forty(40)hours per week ' shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work Joy and on Saturday shall be classified as overlime and paid the rule of time and one-half(I%s)(except as herein provided). All time worked on Sunday and recognized holidays shall be classified as overtime lard paid at 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 he moved forward to 6:00 am.or delayed one(1)hour to 9:00 am. The Employer has the option ' of working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal forty(40)hour work week. When a four(4)ten- hour day work week is in effect,the standard%York day shall be consecutive ten(10)hour periods betrveen file hours of 6:30 am.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday,inclusive. In file event the Job is down for any reason beyond the Employer's control, then Friday and/or Saturday may, of the option of the limployer, be workcl as it make-up day; ' straight lime not to exceed felt(10)hours per day ar firy(40)lours per week. Starting tine will bs:designated by the employer. When the flve (5) Joy eight (8) hour work week is in effect, forty (40) hours per week shall constitute u week's work, Monday through Friday, Inclusive. In the event the Job is down lir any reason beyond the Enoployces control,then Saturday may,at the option of the Employer,be ' worked as u make-up day; straight time not hr exceed eight (8) hours per do), or fimy (40) hours per week. Make-up days shall not be utilized for days lost due to holidays. - ANNUAL WAGE ORDER NO. IZ ' A W 12 036 OT.da Page 3 of 4 Pager 1 COLE COUNTY OVERTIME SCHEDULE ' BUILDING CONSTRUCTION . NO. 110: Means eight(8)hours between the hours of 8:00 u.m.and 4:30 p.m.shall constitute u work day. The starting time may he advanced one(1)or two(2)hours. Employees shall have a lunch period or thirty(30)minutes. Thu Employcr may provide a lunch period or one (1) hour, and in that event, the workday shall commence at 8:00 am. and end at 5:00 p.m. The workweek shall commence at 8:00 a.m.on Monday and shall end at 4:30 p.m.on Friday(or 5:00 p.m.on Friday if the Employer grants a lunch period orone(1)hour),or as adjusted by starting time change as stated above. All work performed before 8:00 am.and alter 4:30 p.m.(or 5:00 p.m.where one(1)hour lunch is granted for lunch)or as adjusted by starting time change as stated above or on Saturday,except as herein provided,shall he compensated at one and one-half(I%2)times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty'(40)hours, Monday through Friday, or any part thereof by reason of ' inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option or working live eight (8) hour days or four ten (10) hour days Monday through Friday. Iran Employer elects to work five(5)eight(8)hour days during any work week, hours worked more than eight(8)per day or forty,(40) ' hours per week shall be paid at time and one-half(I%2)the hourly rate Monday through Friday. iron Employcr elects to work four(4) ten(10)hour days in any week,work performed more than ten(10)hours per day or forty(40)hours per week shall be paid at time and one-hair(m) the hourly rate Monday through Friday. iron Employer Is working ten (10) hour days and loses a day due to Inclement weather,they may work ten(10)hours Friday at straight time. Friday must be scheduled for al(cast eight(8)hours and no more than ten(10)hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1'/2)overtime rate. 1 1 1 1• ' ANNUAL WAGE ORDER NO. 12 A W I2 026 OT.doc Page 4 of 4 I'ager 1 COLE COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTION ' NO.3: All work done on New Year's Day, Decoration Day,July 4th, Labor Day, Veteran's Day, • Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any ' such holidays fall on a Sunday, the following Monday shall he observed as a holiday. NO.4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, ' Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. , NO.5: All work that shall be done on New Year's Day, Memorial Day, Fourth of July, Labor Day,Veteran's Day,Thanksgiving Day,and Christmas Day shall be paid at the double(2)time ' rate of pay. NO.7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. ' If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. NO.9:All work performed on New Year's Day, Memorial Day,Independence Day, Labor Day, ' Veteran's Day,Thanksgiving Day,and Christmas Day, or the days observed in lieu of these holidays,shall be paid at the double time rate of pay. ' NO. 15: All work accomplished on the recognized holidays of New Year's Day, Decoration Day (Memorial Day),Independence Day(Fourth of July), Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,or days observed as these named holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday, it shall be observed on the preceding Friday. If holiday falls on a Sunday, it shall be observed on ' the following Monday. No work shall be performed on Labor Day,Christmas Day, Decoration Day or Independence Day except to preserve life or property. NO. 19:All work done on New Year's Day, Memorial Day,July 4th, Labor Day,Thanksgiving ' Day,and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day. However,the employee shall notify his or her Foreman, ' General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday,the following Monday shall be considered the holiday and all work performed on said day shall be at the double(2)time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered the holiday and all work performed on said ' day shall be at the double(2)time rate. NO.23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, 1 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 Ycaes Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day,the Friday after Thanksgiving Day,and Christmas Day shall be , paid at the double(2)time rate of pay. When a holiday falls on Saturday, it shall be observed on Friday. When a holiday falls on Sunday, it shall be observed on Monday. • ANNUAL WAGE ORDER NO. 12 ' AW012 026 allot Page I or21'agcs 1 1 1 COLE COUNTY HOLIDAY SCHEDULE—BUILDING CONSTRUCTION 1• NO.60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration Day(Memorial Day), Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day 1 except when triple(3)time is paid. When a holiday fails on Saturday, Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. 1 NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day, Decoration Day,Fourth of July, Labor Day,Veteran's Day, 1 Thanksgiving Day and Christmas Day, shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday. NO.69: All work performed on New Year's Day, Decoration Day,July Fourth, Labor Day, Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also 1 be holidays,but if the employer chooses to work these days,the employee will be paid at straight- time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. 1 N 1 1 1 1 1 1 1 1� ANNUAL.WAGE ORDER NO. 12 Awoiz oz6 anoi NS0 or Pages 1 1 Heavy Construction Rates for REPLACEMENT PAGE Section 026 ' COLE Count • 'Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule CARPENTER , Journeymen 5/05 $25.48 7 16 $8.89 Millwright 5/05 $25.48 7 16 $8.89 , Pile Driver Worker 5/05 $25.48 7 16 $8.89 OPERATING ENGINEER Group 1 5/05 $23.15 21 5 $14.45 , Group II 5/05 $22.80 21 5 $14.45 ' Group III 5/05 $22.60 21 5 $14.45 Group IV 5/05 $18.95 21 5 $14.45 Oiler-Driver 5/05 $18.95 21 5 $14.45 ' LABORER ' General Laborer 5/05 $21.77 2 4 $7.78 Skilled Laborer 5/05 $22.37 2 4 $7.78 TRUCK DRIVER-TEAMSTER , Group 1 5/05 $23.67 22 19 $7.50 Group II 5/05 $23.83 22 19 $7.50 IGroup 111 1 5/05 $23.82 22 19 $7.50 , Grou IV 5/05 $23.94 22 19 $7.50 1 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. ' 1 .Annual Incremental Increase ANNUAL WAGE ORDER NO, 12 7/05 •, COLE COUNTY ' OVERTIME SCHEDULE—HEAVY CONSTRUCTION • NO.2: Means a regular workweek shall be forty(40) hours and will start on Monday and end ' on Friday. The regular work day shall be either eight(8)or ten(10)hours. If a crew is prevented from working forty(40)hours Monday through Friday,or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00 a.m. However,the project starting time may be advanced or delayed if required. If workmen are required to work the enumerated holidays or days observed as such or Sundays,they shall receive double(2)the regular rate of pay for such work. ' NO.7: Means the regular work week shall start on Monday and end on Friday,except where the Employer elects to work Monday through Thursday,ten (10)hours per day. All work over ten (10)hours in a day or forty(40)hours in u week shall be at the overtime rate of one and one-half ' (1%2)times the regular hourly rate. The regular work day shall be either eight(8)or ten (10) hours. If job can't work forty(40)hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a ' make-up day at straight time(if working 4-10's). Saturday maybe worked as a make-up day at straight time(if working 5-8's). Make-up days shall not be utilized for days lost from holidays. Except as worked as a make-up day,time on Saturday shall be worked at one and one-half(1'/2) ' times the regular rate. Work performed on Sunday shall be paid at two (2)times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double(2)time rate of pay. NNO.21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall,unless otherwise provided for, begin at 8:00 a.m,and end at 4:30 p.m, However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer,when working a five(5) day eight(8)hour schedule, Saturday may be used for a make-up day. If an Employer is prohibited from working on a holiday, that ' employer may work the following Saturday at the straight time rate. However, the Employer may have the option to schedule his work from Monday through Thursday at ten (10)hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be ' paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control,he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty(40)hours. If an Employer is prohibited from working on a holiday, that Employer may work the following ' Friday or Saturday at the straight time rate. Overtime will be at one and one-half(I%2)times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, or Sundays, they shall receive double (2)the regular rate of pay for such work. ' NO.22: Means a regular work week of forty(40)hours will start on Monday and end on Friday. The regular work day shall be either eight (8)or ten()0)hours. If a crew is prevented from ' working forty(40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they ' may not have been employed the entire week, shall work Saturday at the straight time rate. For all time worked on recognized holidays, or days observed as such,double(2)time shall be paid. ,• ANNUAL WAGE OaOM NO. 12 A W012 026110T 14se I or I pages COLE COUNTY HOLIDAY SCHEDULE—HEAVY CONSTRUCTION ' NO.4: All work performed on New Ycaes Day, Memorial Day, Independence Day, Labor Day,Thanksgiving • Day,Christmas Day,or days observed as such, shall be paid at the double time rate of pay. When a holiday ' falls on a Sunday,Monday shall be observed. NO.S:The following days arc recognized as holidays:New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If holiday falls on a Sunday, it shall be observed on the ' following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.No work shall be performed on Labor Day except in case ofjeopardy to work under construction.This rule is applied to ' protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8)hours toward a forty(40)hour week; however,no reimbursement for this eight(8)hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days t observed as such,or Sundays,they shall receive double(2)the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10)hours shall be applied to the forty(40)hour work week. NO. 16: The following days are recognized as holidays:New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If 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, N Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. When a holiday falls during the normal work week, Monday through Friday, it shall be , counted as eight(8)hours toward the forty(40)hour week; however, no reimbursement for this eight(8)hours Is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays, or days observed as such, they shall receive double(2)the regular rate of pay for such work. , AW012 filial ANNUAL.WAGr OltDrit NO, 12 Page I or I Pages ' 1 REPLACEMENT PAGE ' OUTSIDE ELECTRICIAN • These rates are to be used for the rollowing counties: ' Adair,Audrain,Boonc,Callaway,Camden,Caner,Charlton,Clark,Cole,Cooper,Crawford,Dent,Franklin, Gasconade,I Inward,Howell,Iran,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Maries,Marion,Miller,Monitcau, ' Monroe,Montgomery,Morgan,Oregon,Osage,ferry,Phelps,Pike,Pulaski,Putnum,Ralls,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington COMMERCIAL WORK ' Occupational Title Basic Total Hourly Frin c ' Rate Benefits *Journeyman Lineman $30.30 $450+41.3% ' 'LinemanOperator $27.04 $4,50+41.3% •Groundman $21.22 $4,50+41.3% ' OVERTIME RATE:Eight(8)hours shall constitute a workday between the hours of 7:00 a.m.and 4:30 p.m.Pony (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 91h and I Oth hour,Monday through Friday,shall be paid at time and one-half(1'h)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(I%)the regular straight time rate of pay ' between the hours of 6:00 am.and 5:30 p.m.,Monday through Friday.Work performed outside the regularly scheduled working hours and on Saturdays,Sunduys and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. N HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Vetcmn's buy. 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 fulls on Sunday,It shall be eelebruted on the Ibllowing Monday. ' UTILITY WORK ' Occupational Title Basic Total Hourly Fringe Rate Benefits ' "Joume man Lincman $30.30 $4.50+37.3% "LinemanOperator $26.16 $4.50+37.3% *Groundman $20.23 $4,50+37.3% OVERTIME RATE:Eight(8)hours shall constitute u work day between the hours of 7:00 u.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed In the ' 91h and loth 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 per day at the time and ourhulf(I'/a)the regular straight time rule of pay between the hours of 6:00 am.and 5:30 p.m.,Monday through Friday. Worked performed In the first eight(8)hours on Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight lime rate. Work performed outside ' these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall be paid fir at the rate of double(2)lime. ' HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labia 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 fulls on Sunday,it shall be celebrated on the following Monday. ' *Annual Incremental Increase ANNUAL WAGE ORDER NO. 12 9,95 11W"Ab Awoits.,.&rm�mursn.Awlr0nK 1 '• AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW 1 ' 1, the undersigned, of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as ' by 2. That was awarded a public works ' contract for Project No. 62006, Veteran's Plaza and Parking Improvements. ' 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. N 4. That has fully complied with the provisions and requirements of 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 1• I, the undersigned, of lawful age, ' first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as by i2. That was awarded a public ' works contract for Project No. 62006, Veteran's Plaza and Parking Improvements. ' 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts,which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and laborers from non-restrictive states on public works projects or Improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT 1' Subscribed and sworn to before me this_day of 20_ NOTARY PUBLIC ' My Commission Expires: ' APPROVED BY: �. Director of Community Development, City of Jefferson, MO ,• CITY OF JEFFERSON CONSTRUCTION CONTRACT ' THIS CONTRACT, made and entered into this " day of a,,,J , 2006, by and between Kauffman Enterprises LLC hereinafter referred to as "Contractor", ' and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". ' WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 62006, Veteran's Plaza and Parking Improvements. ' 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 "Veteran's Plaza and Parking ' Improvements" in accordance with the plans and specifications on file with the Department of Community Development. N 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in ' accordance with the contract documents and any applicable City ordinances and state and federal laws, within 60 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Community Development within ten (10) days after the date of this contract. 3. Prevailing Wanes. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and ' Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor ' has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 12, 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. 1 ,• 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ' (b) Contractor's Public Liability Insurance in an amount not less than ' $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than$2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person In a single accident or occurrence. ' (c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance -The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 forany one person in a single accident or occurrence,except forthose claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No• policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all Insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. ' (f) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs(b)and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from ' operations under this contract,whether such operations be by the Insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. ' NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a ' general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations ' by anyone directly or indirectly employed by the Contractor. • 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 1 '• employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the ' terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained In ' this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Liquidated Damages. The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due under this contract for every day the Contractor 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 falls 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 orremedies of the City N should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly ' refuse or fail to supply enough properly skilled workmen or proper material, or If Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8. City's Riaht to Proceed. ' In the event this contract is terminated pursuant to Paragraph 7,then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and Its sureties shall be liable to the City for any costs over the amount of ' this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize In completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. ' The foregoing provisions are in addition to, and not in limitation of,the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. ' 9. Indemnity. To the fullest extent permitted by law, the Contractor will Indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against ' any and all claims,damages,losses,and expenses including attorneys'fees arising out of or resulting from the performance of the work, provided that any such claim,damage, • loss or expense (1) Is attributable to bodily Injury, sickness, disease, or death, or to ' injury to or destruction of tangible property(other than the Work itself)including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed by any 1 ,• of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be ' construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described in this Paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and far all the materials ' used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to Insure the payment of all materials and labor used in the performance of this contract. ' 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and Invoices of all such purchases which shall be submitted to the City. ' 12. Payment. ' The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work bythe Directorof Community Development and In accordance N with the rates and/or amounts stated in the bid of Contractor dated February 7, 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 Fifty Nine Thousand and Two Hundred Ninety Two Dollars and thirty six cents ($259,292.36). 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. ' 15. Severability. • If any section, subsection, sentence,orclause 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. Govemina 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 ofjurisdiction. In any successful action by the City to enforce this contract,the ' City shall be entitled to recover its attorney's fees and expenses incurred In such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions ' b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches ' e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as If attached hereto or repeated herein. ' 18. Complete Understanding, Merger. N 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 Contractor and the City. ' 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, In addition to any other relief, its reasonable attorneys fees, expenses and costs. ' 20. Amendments. This contract may not be modified,changed or altered by any oral promise or statement ' by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying ' for changes or modifications that were not properly authorized. 21. Waiver of Breech . ' Failure to Exercise Rights and Waiver: Failure to Insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such • terms, covenants or conditions, nor shall any failure at one or more times be deemed ' a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 1 1• 22. Assignment. Neither party may sell or assign Its rights or responsibilities under the terms of this ' agreement without the express consent of the remaining party. 23. Nondiscrimination. ' Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall Include a similar provision in all subcontracts let or awarded hereunder. 24. Notices. All notices required to be in writing may be given by first class mail addressed to City ' of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at P.O. Box 605, Jefferson City, MO 65102. The date of delivery of any notice shall be the second full day after the day of Its ' mailing. ' IN WITH SW EREOF,the parties hereto have set their hands and seals this day of 2006. N CITY OF JEFFERSON CONTRACTOR May Title: QWNeiC ATTEST: ATTEST: GU/ ' ity C rk Title: APPROVE S TO ORM: ' Cit Co i e r ' Bond No. JA 4880 '• PERFORMANCE. PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Kauffiren Enterprises, U.0 , PO Box 605, Jefferson City, M 65102 hereinafter, referred to as "Contractor" and Contractors Bonding and Insurance CaTpany a Corporation organized under the laws of the State of Washington and authorized to transact business In the State of 1 Missouri as Surety, are held and firmly bound unto the ' City of Jefferson, Msvouri hereinafter referred to as"Owner" in the penal sum of 7W Hundred Fifty Nine 'Thousand 'Rao Hundred Ninety 'itoo&.'i6/10o DOLLARS ' ($ 259,292•36- - - - - - - - - ), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. ' THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the 744' day ' of MOUJI _,20 D& ,entered into a written contract with the aforesaid Owner forfurnishing all materials,equipment,tools,superintendence, labor,and otherfacilities ' and accessories, for the construction of certain Improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with ' the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: '• NOW THEREFORE, if the said Contractor shall and will, in all particulars,well,duly and ' faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law 1 '• and other Contract Documents thereto attached or, by reference, made a part thereof, ' according to the true Intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. 1 PROVIDED FURTHER, that if the said Contractor falls to duly pay for any labor, ' materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consumed or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or its subcontractors in performance of the work contracted to be done, the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect Its obligation on this bond and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: ' PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate tof wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor incurs by reason of an act or ' omission, in any amount not exceeding the amount of this obligation together with Interest as provided by law: '• IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in Its name, and Its corporate seal to be hereunto affixed, by It attorney-in-fact duly authorized thereunto so to do, at 1. 1• on this the 1 �h day of '!'Y) 20 06 1 Contractors Darling and Lmurmxe Kauffim Enterprises, UL 1 SURETY COMPANY CONTRACTOR �.=oQP° ` (SEAL) BY (SEAL) 1 -u 1. % °6 191'' �g (SEAL) BY (SEAL),,1113Ht � .......Attome -in-fact (State Representative) 1 (Accompany this bond with Attomey-In-fact's authority from the Surety Company certified to Include the date of the bond.) N 1 1 1 1 1 1 1� 1 1 �. - �{•C;:^ q�i J::fir;..:�. f:•:. �►•l.;:i.:^� rr'�'•--+r r~ ,�:'i'.r,:r•-.rl.•.:• rr ,•�y. = •f%�.rtt= '{t�C=+:.::{:•t=ri. .n:t'•SiiJ .•L.LEt= +r'fY�•=�+p}•:tc +r{.L;�vi� 4�•'—r:L�S,sr•=f�.}•',•..=::::}�;<::�r'�ri:t•:_y�`��}r 4 �� -r. hrr'E tip 4 tr rrn L �t/� � ;t f �fr$:.5;� f r L�,r:}rrr;.._ _tt//rrtt::_t• }i���t•�' r'' r�Flhr'15St i�•7trFl,rh iti#�til�itt•tT7 .rrrSt'•{7t��f rSSi•.Ej�rrrrSS��S �r .5•5it},f ..r..S�ii frr.5 Tf� rr.r i�j (.rr1 s�• t 11 :. T N 1111 F 11r 1111 �; 11111 . 111i (f111 111'{ F,fi 1 i 1 11111n 1 rslsf 1 111111{. Ft h11 rit•i1!r11111'� i 11111 1):•Afi11 11Y°��i�illl� ��11'L 7+•• ti �•s: i=•;'rte;• (fju { READ°CAREF.,•,UL' Y to''liP us¢d=Drily.;with't/ie'boiYd speci tted;/ierein';';>; !III) tfjll') - CERTIFICATE 1, the undersigned scerclary of*Contraciors Bon(ling and Insurance Company, a Washington N.z. 10ration DOI 1 1 • 1 1 �iill)I r((��fitst :• ��illl�� 1 o _= : N.X, ,t':. r 1lnri111111��' !• S 111111 ' . 1 11 1 r1 H 11 . . ' . 1 .L::�itt{Liiii11i7.1:L.LSr r,J•!lj:t'15 iii�r�! li}Srrrr r?sytlSiililrlllt�iLi1�.':i111't•"''1�:.'�•1!tits L1S.'1'11rlt�r ,51,11,1�r1i 2{L L,L!i:i�'!t:jlt'.'�r�ri�r�rjalL�%'�•:�'2•'j't:.S:S":i�r�.i: r�j�ll�� ,rt,.� t._ .. :rati,. .,r_ ..;• — ;•, :'�` t..:} - +r: �:L.,r�t'ti?}r,'r Yr,•�t +i 'r.: C •• I.�.E{••:r r•:r.,..::;. r}L: r;•.:f� 7: .::{;rf s c. r+.=.:. L'rf°lE r {+.:•+1....::;: :....• r•:::- •; ::+._::. •ter'.. ':i:�:• . �•...•r• .C•:�f•��•.}•i:..�• •i."' :C.�:.;...�+•.;.}r:Cr:•::;•��'•:::�r, 1 . ,• AUTHORIZATION TO INSERT DATE OF CONTRACT IN BONDS ' RE: Performance and Payment Bonds 1 Gentlemen: 1 The undersigned is an authorized representative of Contractors Bonding and Insurance Company Surety, for Kauffman Enterprises. ' LLC, Contractor for and during period of construction of Veteran's Plaza and Parking Lot Improvements. Authorization is hereby given by the Surety to City of Jefferson City, Missouri to Insert the date of the execution of the Contract on both the ' Bonds and Powers of Attorney. ' Contractors Bondina and Insurance Company ��•QdCb Rgr'�CF �i 1 ?� loll Autiforized Representative John H. Williams (Attorney-in-Fact) ' Date: February 20, 2006 1 1 ACORD,K CERTIFICATE OF LIABILITY INSURANCE D 2/20/200 Y) 02/20/7.006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Williams A Associates Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 5 south BCh street, suite E HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 'ncy, IL 62301 INSURERS AFFORDING COVERAGE NAIC M INSURED INSURERA:01)10 Casualty Insurance Company Kauffman Enterprises, LLC INSURERS Missouri Employers Mutual Insurance ' c/o Tom Kauffman INSURER — -- PO Box 605 Jefferson City, MO 65102-0605 INSURER D. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' rNSK' 0 POLICY EFFECTIVE POLICY E%PIRATION tyPEOPINSURANCIF POLICY NUMBER OMITS GENERALUABIUIY EACH OCCURRENCE S 1,000,000 AMAGE TO RENTED` A X —]CLAILML GENERAL LIABILITY QIIO 52013201 01/25/2006 01/25/2007 �EMISEB_jE�om 1FX) { ' _ CUIMS MADE OCCUR MED EXP(�q one proton)_ S 5,000 PERSONAL a ADV INJURY f 1,000,000 GENERAL AGGREGATE S 2,000,000 GM AGGREGATE LIMIT APPLIES PER: PRODUCTS•COMPIOP AGO f 2,000,000 ' POLICY X PRO' - LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAUTO BAO 52013281 01/25/2006 01/7.5/2007 (EA of w) f 1,000,000 ' ALLOWNEDAUTOS EDGILY INJURY SC14EDULEDAUTOS (Porwwn) f X HIREDAUTOS BODILY INJURY S X NON*OWNEO AUTOS INSURANCE EVIEWED jPw&cbd nlj / PROPERTY DAMAGE f (Per emOerd) GARAGE LIABILITY • AUTO ONLY.EA ACCIDENT f , ' ANYAUTO 3 �Y OTNER THAN EA ACC { Date: AUTO ONLY: AGO f EXCESSBIMBRELULMOILRY EACH OCCURRENCE f 1,000,000 ' A OCCUR CLAIMS MADE BXO 52813281 01/25/2006 01/25/2007 AGGREGATE f DEDUCTIBLE f _ RETENTION f —_ S ' WORKERS COMPENSATION AND WC SIATU I OTH- EMPLOYERWUABRJTY iORYLIM15 11 11 ER_ B ANY PROPRIETORIPARTNErMXECUIIVE HEM 0217302-01 06/15/2005 0611512006 E L.EACH ACCIDENT f 500,000 OFFICERIMEMBER EXCLUDED? E L.DISEASE•EA EMPLOYEE f 5001000 ' 5 PyyEeeeC,IAL 00O V15IO NG bebw EL.DISEASE•POLICY LIMIT 8 500 000 OTHER ' DEbC/UPiION OF OPERATIONS/LOCARGHb/VEHICLEe/FJICLUSIONS ADDED BY ENDORSEMENT/SPECML PROVISIONS ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF 711E ABOVE DESCFUBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ty oC do[ arson DATE THEREOF,THE ISSUING INSURER WALL ENDEAVOR TO MAIL BAYS WRRTEN 0 E. McCarty Street NORCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO 80 SHALL of forson City, MO 65101 IMPOSE NO OBLIGATION OR UABWTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATRES. AUTHORUED REPRESENTATIVE , ' J ACORD 25(200110E) 0 ACORO CORPORATION 1ifS ' IMPORTANT If the certificate holder is on 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). 1 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. 1 ' ACORD 25(2001100) 1 ,• GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract", modified as set ' forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS ' It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,Special Provisions,Bid,Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed In the Table of Contents and bound In this ' Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be ' furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The Intention of the Documents is to include the furnishing of all ' materials, labor, tools, equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed In the State and County where the Owner is located. Three(3)copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract ' documents shall be filed as follows: One(1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Community Development One(1)with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract" or "Contract Documents" shall include all of the documents enumerated in the previous article. 2. "Owner","City",or words"Party of the First Part",shall mean the party entering into contract to ' secure performance of the work covered by this Contract and his or its duly authorized officers or agents. Generally this will be the"City of Jefferson". ' 3. "Contractor'or the words"Party of the Second Part"shall mean the party entering Into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. ' 4. "Subcontractors"shall mean and refertoa corporation,partnership,or individual having a direct contract with the Contractor, for performing work at the job site, ,• 5. "Engineee'shall mean the authorized representative of the Directorof Community Development, (i.e., the Engineering Division Director). 1 1 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. , H. "Day"or"days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work"shall mean the work to be done and the equipment, supplies and materials to be , furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans" or"drawings" shall mean and include all drawings which may have been prepared by , the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided ' for herein. 11. Whenever in these contract documents the words"as directed", "as required", "as permitted", ' "as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words"approved","reasonable","suitable","acceptable","properly","satisfactory", ' or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made In these Contract Documents containing the expression"it is understood and agreed" or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the City. ' 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation t Commission and published before the date of this contract. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s)under separate agreement with the City of Jefferson that prepared the plans, ' specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the , nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered,the character of the equipment and facilities needed preliminary to and ' during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. ' The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE ENGINEER ' The Engineer shall be the City's representative during the construction period and he shall observe the • work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority ' to act on behalf of the City. '• The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the ' Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. ' GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surely ' bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor;and for a period of one year from and Immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense ' which may occur to the City by reason of defective materials used,or by reason of defective or improper workmanship done,in the furnishing of materials, labor, and equipment in the performance of the said contract. ' All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a company licensed and qualified to operate In the state and approved by the City. Bond shall be signed by an agent resident In the state and date N 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-5.1 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 compiled with. All certificates of Insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractors certificates of insurance shall be written in an Insurance company authorized to do business in the State of Missouri. • GP-8,2 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 3 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 M 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 noexclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this ' requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, , mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of,or structural injury to,any building or structure on or adjacent to the City's premises, , or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE ' Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than$300,000 per person and$2,000,000 per occurrence,and ' property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. , GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION • Employer's and Workmen's Compensation Insurance as will protect him against any and all claims ' resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of$300,000 per person. The"All Slate"endorsement shall be Included. ' '• In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under this contract. ' GP-6.9 INSTALLATION FLOATER INSURANCE This Insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss ordamage to materfafs and equipment,not otherwise covered under Builder's Risk Insurance,when ' In warehouses or storage areas,during Installation,during testing and until the work is accepted. It shall be of the "All Risks" type, with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value ' of the work at completion, less the value of the material and equipment Insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses, if any, to be adjusted with and made payable to the Contractor and the City as their Interests may appear. ' If the aggregate value of the City-furnished and Contractor-furnished equipment is less than$10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. ' GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractors, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or Incident to larceny, theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations,enlargements thereto, is to be done,and to ' materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES & CLAIMS INDEMNIFYING CITY The Contractor shall Indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses, damages,costs,expenses,judgments, or decrees whatever arising out of action or suit that may be brought against the City or Engineer or any officer or agent of either of them, for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, ' acts, matters,or things by this contract undertaken to be done or performed, or for the Injury, death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents,or in connection with any claim or clalmsbased on the JawAA 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. 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 Surely, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail ' to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS& EQUIPMENT , Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal Items of materials and equipment which he proposes to ' use in the construction of the project. The Contractor agrees that he Is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and ' omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any ' subcontractor and the City. No officer, agent or employee of the City, Including the Engineer, shall have any power or authority ' whatsoever to bind the City or incur any obligation in Its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-8 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the ` •' execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other , contractor,the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and ' proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by ' this Contract,the respective rights of the various interests involved shall be established by the Engineer, In order to secure the completion of the various portions of the work In general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS t The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected , by his operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP41 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 , 1 1• 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 necessary to a clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written Instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. it is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and Intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN ' Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP42.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omission in plans, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work. The Contractor will not be ' allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be fumished 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 Plansand Specifications as to any detail orthe apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or Industries Involved, shall be used. ' GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes ' of local or state authorities,shall mean the latest standard,code,specification,or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. ' GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction Representative"as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, In substantial accordance with the plans and specifications therefor. • The Project Representative assumes no direction of employees of the Contractor or Subcontractors and ' no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. 1 The Contractor shall regard and obey the directions and instructions of the Construction Representative •, so appointed,when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction ' Representative, the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free ' at all times to perform their duties, an Intimidation or attempted intimidation of any one of them by the Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractor from any obligation to perform said , work strictly In accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed and made good by the Contractor at his own ' expense, and free of all expense to the City, whenever so ordered by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work,even though the same may have been previously overlooked and estimated for payment. ' The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer, and the Contractor will be liable for any , deviation except on such written order. Ail condemned work shall be promptly taken out and replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse ' to comply with Instructions In this respect the City may, upon certification by the Engineer, withhold payment or proceed to terminate contracts as herein provided, Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was ' 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 Developmentwill set construction stakes establishing lines,scopes,and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary ' information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. ' The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. , The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes,bench marks, • or other basic reference points checked by the Construction Representative may be ordered removed , and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS 1 '• The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or ' manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any Installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. ' The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP46 WATER All water required for and In connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. ' GP47 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP ' The Contractor shall keep on his work, during Its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as If given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen,and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or Incompetent or who neglects or refuses to perform his work in a satisfactorily manner,shall be promptly discharged, It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. ' GP-18 MAINTENANCE OF TRAFFIC Whenever any street is closed,the Police Department,Fire Department,and Ambulance Services shall ' be notified prior to the closing. When a portion of the project Is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the"Manual on Uniform Traffic Control Devices". ' Throughout the project, wherever homes are served directly from a street or portion of a street which Is to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made ' for It. GP-20 BARRICADES AND LIGHTS ' All streets,roads,highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest Intersecting public highway or street on each side of the blocked section. ' All open trenches and other excavations shall be provided with suitable barriers,signs,and lights to the extent that adequate protection is provided to the public. Obstructions, such as material 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. ' All barricades,signs,lights and other protective devices shall be Installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades,signs,lights and other protective devices will be furnished,installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct •' payment will be made for It. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES ' Pipe lines and other existing underground installations and structures In the vicinity of the work to be , done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. ' Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for ' extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely ' at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, In the opinion of the Engineer, must be ' moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-fafd by the Contractor and paid for at the prices bid. Onfy sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's ' expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons Including members of the public,employees of the City and employees of other contractors or subcontractors and all public and private property including structures, , sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work,or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs, ' warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and ' utilities when such property is liable to Injury or damage through the performance of the work,and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. ' In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special Instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened loss or injury, and he shall so act. Any compensation, claimed by the Contractor on account of ' emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or ' performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or • poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS ,• Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money,or any payment for,or acceptance of, the whole or any part of the work ' by the City, nor any extension of time, nor any possession taken by the City or Its employees, shall operate as a waiver of any provision of this contract,or of any power herein reserved to the City,or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a ' waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS ' If desired by the City, portions of the work 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 Contract or may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein Included. The Engineer shall have authority to make minor changes In the work, not Involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations In the terms or scope of the Contract shall be made under the authority of duly executed change orders Issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall ' be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract ' sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done,and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price ' items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as"Extra Work"as hereinafter provided in this Article GP-25. ' If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine ' on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. ' 2. Allowance to the Contractor for any actual loss Incurred in connection with the purchase, delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such . adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen(15)days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate, The Owner reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. ' Extra Work: ' (a) The term "Extra Work"shall be understood to mean and include all work that may be required to accomplish any change or alteration In or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal Items and which is not otherwise , provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by ' the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: 1. Method A: By agreed unit price ' 2. Method B: By agreed lump sum 3. Method C: If neither Method A or B can be agreed upon before the work is started, then the ' work shall be by force account as per Section 109, Measurement and Payment,of the Missouri Standard Specification for Highway Construction, as published 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 fall 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 1 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 fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the Instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor five(5)dayswritten 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 ' 1 ,• such expense shall exceed such unpaid balance,the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court,or other public authority,for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor ' may,upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. ' GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done,of from the action of the elements, ' or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and ' expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK ' No work shall be done between the hours of 6:00 p.m.and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the'Contraclor 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 by the Contractor to perform the work in a proper and satisfactory manner. GP-34 MATERIALS AND EQUIPMENT ' Unless specifically provided otherwise in each case, all materials and equipment furnished for permanent installation In the work shall be new, unused, and undamaged when Installed or otherwise incorporation in the work, No such material or equipment shall be used by the Contractor for any ' purpose other than that Intended or specified,unless such use is specifically authorized by the Engineer in each case. ' GP-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 Indemnity and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER •' Any changes or additions to the scope of work shall be through a written order from the Engineer to the , Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-37 CONTRACT TIME ' The time for the completion of the work is specified and it is an essential part of the contract, The , Contractorwill not beentitled toany 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 asto stop ' work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates Inclusive. Saturdays, ' Sundays, and City holidays will not be counted as working days any time during the year. GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causeswhich he deems justification forextension ' of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, he shall state his reasons In writing,furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed, Notice of Intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. ' GP-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 fall to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each ' day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor underthe contract,and the Contractor ' and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time, or after any extension of the time,shall in no way operate as a waiver on the part of the City or any of its rights under the contract. ' GP40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT ' Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the Items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the completion of the • project shall be Included In bid Items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in , 1 '• accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. ' (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid forthe 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 for final inspection and acceptance, the Engineer will promptly make such inspection,and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly Issue a final certificate,over his own signature,stating that the ' work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of said final certificate. ' (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. ' GP-41 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. ' GP-42 CERTIFICATIONS GP-42.1 All suppliersof materials such as drainage pipe or handrail and all suppliersof asphaltic ' concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at Its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated Into the work. ' GP-43 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service, the purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or • performance promised Is equal or better and the price quoted is the same or less. GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases In excess of$5,000, the City shall select products manufactured, assembled or produced •, in the United States,If quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American , products In the performance of the contract. GP45 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. GP46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS'CONTRACTS LAW ' Upon completion of project and priorto final payment,each contractorand subcontractor hereundershall filewith the City of Jefferson,Missouri, Department of Community Development,an affidavit staling that the contractor or subcontractor has fully complied with the provisions and requirements of Section ' 290.290,RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not Issue a final payment until such affidavit Is filed. GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month Immediately following two consecutive calendar months during which the level of unemployment In the State has exceeded five percent(5%)as measured by the U,S. Bureau of Labor Statistics in Its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive stales may be hired by the contractor or subcontractors to work on this Public Works'contract. ' An exception shall existwhen Missouri laborers or laborers from non-restrictive states are not available or are Incapable or performing the particular type of work Involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, ' supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted ' state laws restricting Missouri laborers from working on publicworks projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided In Missouri for at least thirty(30)days and Intends to become or remain a Missouri resident. ' GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating , that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson,Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose - subcontractor makes a false statement, shall hold harmless and Indemnify the City for any liability assessed against it or any additional expenses Incurred. Any contraclorwho fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions, whenever there is a period of excessive ' .1. unemployment in Missouri, agrees to hold harmless and indemnify the City of Jefferson, Missouri, for . any liability that may be assessed against It or any additional expenses Incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. ' END OF GENERAL PROVISIONS I ' • 1 '• SPECIAL PROVISIONS ' FORWARD: The provisions of this section take precedence over any other provisions in these specifications. ' SP-1 PARTIAL ACCEPTANCE OF BID Ilia City reserves the right to accept any pan or all of Ilia bid for file project. SP-2 PRE-CONSTRUCTIONCONFERENCE ' Prior to starting work,a pre-concoction conference will be held to discuss the project,its scheduling and its coordination with die work of others, it is expected that this conference will be attended by representatives of the Owner,Ilia Engineer,the Contractor and his Subcontractors,and Ilia Utilities,as well as representatives of any other affected agencies which the Owner may wish to invite. ' ,SSP4 PREVAILING WAGE,LAW ' Bidders arc hereby advised that compliance with the Prevailing Wage Law,Section 290,210 through 290.340 inclusive of We Revised Statutes of Missouri,is a requirement of this contract,(12cfercnce Section I13-20) Section 290.265 requires(lint 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 Ilia full time. SP4 PROOF OF INSURANCE All certificates of insurance provided for this project shall be insured directly from die company affording ' coverage.Certification from a local agent is not acceptable without die necessary paperwork empowering and authorizing the agent to sign the surety's name. ' In addition,when an aggregate amount is included,a statement of life amount of dint aggregate available to date shall also be attached. Sam TEC!MICAI,SPECIFICATIONS AND DETAILS Vic Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for I Iighway Construction except as modified or contradicted by We City's Contract,City of ' Jefferson Technical Specifications on file at Ore Community Development Department,General Provisions included within Otis document,Special Provisions included within this documLiu,Detail Plans,and any special or specific Specifications as included in file contract doahanen , ' All construction details included with the plans and attached hereto shall be used in constructing this project. SP-6 PERMITS ' Land Disturbance-'Ilia work in this project will be covered under Oro General Operating Permit issued to the City of Jefferson by the Missouri Slate Department of Natural Resources,Water Pollution Control Program, ' Permit No.MO.8100031.'llhc contractor will receive a copy of this permit at the pro-construction conference and is bound by its provisions. '• SP-7 TRAFFIC CONTROL DURING CONSTRUCTION All work within the right-of--way shall be in accordance with the Manual on Unifonn'i-rallic Control Devices. Signs,cones,and barricades shall be placed both to protect workers and equipment and to protect die public by marking open trenches and other potential dangers. ACCESS TO ADJACENT PROPERTIES ' Prior to the removal of the driveways to any dwellings or buildings,the Contractor shall notify the inhabitants of such structures that die use of the driveways or access will be temporarily affected. Notice shall be of sufticiLm length to allow die persons affected to remove vehicles and other items that may be inaccessible ' during construction activities. Pedestrian access shall be maintained tit all times. Suitable access shall be provided across trenches,ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to want die public of the ' dangers that may be present. SP-9 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-It UTILITIES '17he Contractor shall expose all utility crossings to establish location and depths prior to construction,and in particular,the Contractor shall expose the Rber optic cable between the Police Department Building and City Nail prior to beginning work in this area. SP-11 ITEMS TO HE LEFT IN PLACE. Items marked"LIP"on the plans shall be"let in place". Any damage to these items,or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. ' SP-12 VETERAN'S PLAZA CONSTRUCTION—EXPOSED OSAGE AGGREGATE SIDEWALK Construction of the exposed usage aggregate sidewalk may be accomplished by sandblasting rather than by the ' spray-on retarder. A 4 foot by 4 foot test area shall be designated by the Engineer within die newly-constructed Osage aggregate sidewalk and subsequcmt sandblasting by die Contractor shall be evaluated for its effectiveness in achieving the desired surfuce texture and aesthetics. If the desired effect cannot be achieved using the ' sandblasting method,die Contractor shall use the spray-on retarder method for finishing. SP-13 CONSTRUCTION PIIASING AND NOTICE.TO PROCEED ' C-ontraolor-slmlNwulkiwed�crakwe-tlnhrparkitrg-IoHo-velHaulllHret'w-dariflg-cMwtruation:--Eontseobx-alloll notify�lhe-Whlion-I�ynmmetnt-at-least-48-ItuunhhsiurkNlw:wlteduhxlolerahrwarihul-nikmhaliwwrrangev»enta aun-lx>•mak-Critnrinhtur:alall�ulhslautiutlywemplete-tl>,rinukitng-kit-imprw�nttx�ntslvidtin39-wvxk+ngalaya+nf ' rte-Aletioe-to-prewend-Fulrhtwninluraupletiwh,ris+lelitwdnstlxrpoint-iMima-wherHlwpluntnrd-itnpr�vemenls are useskk mnda>)xvNu velniwdaHrntio- Ar/ded by Addenthun No. I: Contractor shall be allowed to close the Police Parking Lot to vehicular trafj7e for no more than 30 wording(lays,and shall give the Police ' Department a nrininn u n of 10 days notice prior to closing the parking lot. Contractor shall be issued a Notice to Proceed upon execution of the contract,and shall submit a proposed constmcdotn schedule in • accordance with 111-:3 contained In this docuutent. '• SP-14 CONSTRUCTION STAKING All staking required for this project shall be the responsibility of the contractor.All associated costs shall be considered incidental to the project. Minor changes in vertical grade less than I foot or changes in horizontal alignment less than 5 fact made by ilia Engineer during construction shall not relieve the Contractor from his ' responsibility for construction staking during the construction of the project. SP-IBS SCOPE OF WORK AND MEASUREMENT AND PAYMENT A. VETERAN'S PLAZA-LUMP SUM BID ITEM-PART I ' The work described under the Veteran's Plaza shall not be measured for payment,but shall be paid for as a lump sum. The following scope of work Is provided to Include the Items necessary to complete the project,and may not necessarily Include all items described an the plans. Contractor shall also consult the plans for this project In conjunction with this scope of work to determine the complete scope ' of the project. I. 4"Thick Exposed Osage Aggregate Sidewalk This item shall include all labor,material,equipment,and services necessary for the grading,cutting, filling,leveling,placement of 3"of compacted buss:rock,sawculting,placement of expansion material,construction of transverse expansion joints between the imprinted concrete and the ' surrounding sidewalk(smooth dowels on 30"centers),construction of transverse cxpansionjoints at other areas shoe on die plans,construction of n 4 foot by 4 fool test strip for evaluation of final finish texture via sandblasting,placement of spray-on retarder if necessary,sandblasting if necessary,and all other items necessary to complete the sidewalk as indicated on the plans. Work for this item will also include the gradual thickening of the edges near the granite obelisk and foundation to a thickness of 8". ' 2. Obelisk Foundation-9 foot by 9 foot Slumped and Colored Concrete—24"Thick This item shall include all labor,material,equipment,and services necessary to construct a 9 foot by 9 foot by 24"thickness foundation for die granite obelisk,including N4 rcbar on 18"centers both longitudinally and transversely,two(2)transverse expansion joints(smooth dowels)equally spaced on each side of the foundation for a total of eight(8)transverse cxpansionjoints tied into the adjacent thickened edges of die exposed aggregate sidewalk,imprinting-widru-lxiokfmver-pmtent-oo stasNVt-ostr ' Aarlrlens�usaslltenvi�ra8rned-te-by-tlarl:ttgineer�wlerinEtoBenMSalirswkxlbyt lie-Guginee�(dark reddislrHrowrt}lhwugluwHlwwrtwrnlantrx,and all other incidentals necessary to complete the work as shown on the plans. ' 3. Grading ' This item shall include all labor,equipment,materials and services for[lie initial grading,cutting, tilling in accordance with the cross wctions mid profiles shown on the plans,and final grading to achieve proper drainage in all areas affected by die project. The top G'of topsoil shall be removed from the project,and shall not be used in areas where fill is needed beneath pavement and/or sidewalk ' structures. Suitable borrow material,if needed,shall be considered incidental to the project. A layer of 3"compacted base rock shall be placed under all areas where sidewalk is constructed, '• 4. Memorial Obelisk Relocation and Setup This ilcm shall include all labor,material,equipment,and services necessary to relocate the large granite obelisk(approximate dimensions arc 36 inches at the base by 108 inches tall). Granite obelisk shall be carefully moved in sections and reassembled on site at the location sho%sn on the ' plans. Contractor shall reassemble the obelisk in the same way that it is currently assembled, including any attachment hardware that may be present,silicone caulking needed to seal the scams,or any other means to achieve the original look of dic granite obelisk. Added b),Addendwn No. l: Aft morial Viewing Boxes shall include a 1"Pt•C weep hole spacer!every S jeer exiting the box at 3 ' Inches above proposer grade oil the slavb side of the boxes only(i.e., not on the sidewalk side of die boxes). A 8"round plece ofraon-woven filierfabric shall be Installed over the hole. T his hr in addition to the weep holes shown at the foundadon of the bores shown 00 Sheel8 of 20. ' S. Memorial Viewing Boxes ' This item shall include all labor,material,equipment,and services necessary to construct the foundation,inner concrete and/or cinder block shell,brick facing(brick Color and texture to match existing light colored brick at Police Department building),stel reinforcement,and all other ' incidentals shown on the plans for the Memorial Viewing Boxes. G. Radius and Straight Architectural Cast Stone Coping Material for Memorial Viewing Boxes ' This item shall include all labor,material,equipment,and services necessary to place a 3-14=4" nominal thickness cast stone coping material(light buff or liglmt Ian color)at the locations shown on the memorial viewing boxes. This item shall also include all labor,material,equipment,and services necessary to place a 3.14=4" nominal thickness cast stone coping material(color and material to match straight sx(ions)with the radius and curvature shown on the plans for the four(4)corners of the viewing boxes. Radius sections shall consist of no more than four(4)complete sections for cach corner radius(e.g.,no more than sixteen(1 G)subsections)in order to make the turns on each radius section. 7. Removal and Re-Attachment of Memorial Plaques ' This item shall include all labor,material,equipment,and services necessary to remove the three bronze and/or granite plaques on the brick screen wall between the Police Department Building and City I hall,and reattachment to die radius comer areas described in hem G. All hardware used for reattachment shall be compatible with the plaque material,and should be secured into the radius coping material by drilling and subsequent embedment of the attachment bolt into an epoxy filled hole,or other means as approved by the Gngincer. Plaques shall be securely fastened to eliminate the ' potential fbr Ihcll mad to minimize the likelihood of vandalism. 8. Removal of Brick Sign Support Columns ' 11iis item shall include all labor,material,equipment,and services necessary for the removal and disposal of die existing Police Department sign support columns. 'file electrically-operated Police Department sign,however, will be rc-used,and care shall be taken to ensure against damage to the ' sign during demolition including the electrical components and lighting system. 9. New Sign Support Columns and Sign Relocation This item shall include all labor,material,equipment,and services necessary to complete construct die new sign support columns(a total of two columns)in accordance with the plans,including placement of interior conduit for time lighted sign,new concrete foundation,steel rebar,brickwork, mortar,weep rope,and all other incidentals necessary to complete the work. This item shall include 1 '• all labor,material,equipment,and services uLcessary to relocate the existing Police Department sign, including all bracket attachments,electrical hookup,leveling,and all other incidentals necessary to ' complete the relocation. Any additional hardware needed to securely fasten the sign to the new support columns shall be considered incidental to the project. ' 10. Flush-Mount Electrical Pull Dox This item shall include all labor,material,equipment,and services necessary to install flush mounted electrical pull boxes and covers at locations shown on[lac plans. A standard detail of n typical pull ' box is included in the plans. 'Three(3)pull boxes shall be required for the Veteran's Plaza project. 11. Wiring for Police Department Sign ' 77his item shall include all labor,material,equipment,and services necessary for the installation of new wiring from the electrical pull box near the existing sign and routing within I"conduit to the new locution of the sign. Wire to conform to the specifications described on the plans,and installation to ' comply with the City of JclTcrson electrical code, ' 12. Recessed Ligluing(277 Volt)with Lens Rock Guard—Two(2)Complete Sets '17his item shall include all labor,material,equipment,and services necessary for the installation of two(2)recessed lighting systems within the imprinted concrete and as shown on the plans. Light fixtures to be Kim Lighting KN I.TV 50 SP-50(70 wall metal halide)with Grout Mask and accessory Lens Rock Guard.Price to include a complete and useable system,including bulb,ballast,interior wiring,interior grounding,and all other incidentals necessary for a complete and useable lighting system. Manufacturer other than Kim Lighting may be used if an equivalent product can be demonstrated to meet or exceed this specification. Light fixtures to be installed Within the concrete, and conduit shall be run within the concrete to serve the light fixture. ' 13. 1"Underground Electrical Conduit and 4"Sleeves Under Viewing Boxes '17his item shall include all labor,material,equipment,and services necessary for the installation of I" ' electrical conduit in the locations shown on the plans and to scar fire new police Department sign location,recessed lighting in the Veteran's Memorial,and the pedestal lighting around the Veteran's Memorial. Conduit will not be required for the low voltage(24 Volt DC)wiring for the irrigation ' system;however,four(4)4"Schedule 40 PVC sleeves will be required under the Memorial Viewing Boxes so that suhscquent routing of water line for the Irrigation system can be achieved. Conduit will mew the requirements of the City ofJeterson electrical code for underground burial of electrical conduit. ' 14. 42"Pedestal lighting and Concrete Baw—Pour(4)Complete Sels ' This item shall include all labor,material,equipment,and services necessary for the installation of four(4)42"Kim Lighting KN-SLI 70 watt metal halide 277 Volt dark bronze light pedestals at[he locations shown on the plans. Work shall include the construction of a 24"deep by 12"round or square portland cement concrete base(non-reinforced)With all necessary conduit placed within fire ' base fur elcctrical conncctions. Work shall also include all electrical hookup in accordance with the City of Jefferson electrical code and in accordance with the plans. Work shall include all necessary mounting brackets,bolls,hardware,or other materials as specified by the manufacturer.Munuf'aclurer other[Iran Kim lighting may lie used if an equivalent product can be demonstrated to meet or exceed this specification. Pedestal lighting to be powered by the sumo circuit as the lighted sign circuit. Added hyAddendnun No. h: A raised h?"round sunowh finished cancrete base, iftaecessaly to achieve the finished elevation of the pedestal light,shall also he Included as part of this hroak Hein. '• I5. Wiring ror Pedestal Lighting ' This item shall include all labor,material,equipment,and services necessary for the installation of wiring within underground electrical conduit to serve the 277 Volt Pedestal lighting described in Item 1.1 G,and as described in de plans. I-ILc ric l work to comply with the City of Jefferson ' electrical code,and wiring shall comply with the size and type shown on the electrical plan. 16. Wiring for Re essed Lighting ' This item shall include all labor,material,equipment,and services necessary for the installation of wiring within underground electrical conduit to serve the 277 Volt recessed lighting adjacent to the granite obelisk,and as described in Oe plans. Electrical work to comply with lire City of Jefferson ' electrical code,and wiring shall comply with the size and type shown on the electrical plan. 17. Installation of Pavers '11his item shall include all labor,material,equipment,and services necessary for the installation of Romamstone 4"by R"by 2 3/8""1 lollandstonc"Pavers(color to be selected by the Engineer)or cquivalcnt--pnver�fto4)e inslulled=blank-%idWtte topajotietn;wul-sides+groute4lwm memly4o ' position-Ravers ins o161-between Hhe witennenent paver l+olNwplaoerl semi Itemtanently se�hat sulwequent cvtgravingaan be taxtotnplislted try rrnwval and{cphwenxytMt-0 laler�lates Added by Addemhan No. l:Clry ofJeff iron shall purchase and supply the pavers under a separate contract for the viewing boxes. Consractor•shall pick there up at a location m be detet7tilned u-ithhr o seven (7)tulle radhcs of the project. Al the Chy s(liscrvilon, clay pavers oflhe satire nominal sire may he subsiltrred for•the lloumnstoue pavers. Prig:shall include the placement of a permeable gcotcstilc beneath a nominal I"sand leveling course,followed by a l"sand leveling course,followed by the pavers. Pavers shall be laid in it"non-staggered"pattern as shown on the plans, Work shall include any incidental items necessary to achieve a tight fit between We paver stones,and the broadcasting of a layer of sand over de lop of the pavers after installation. Final acceptance of Otis item will require a ' tolerance of no more than 1/O"of vertical offset per 10 running feet,and in general will require that Oe pavers are smooth and without waves and arc pleasing to the eye. 48-FAlrA2nYt!s(298) ' !fbis4tc4n4iaii4F tx6-alt4olxxlnoteria► equipnxttt and teawsaiy ti+r Ow aupplywf-4wufimxdred-(288}exin4 miansttmi m%,eft% +dewril"n4lem 17. Mra-paver.Ho-be ' deliverW4o4it&&reet-Divisk n-tw-d rarks4)epeNownt-.t 'iall mk4Hile auktr and texiurwtf ho puvew-irwtalledin-tlxrnxytxx�al-viewing-area: 19 Irrigation System(SEE NOTE CONCERNING 4"SLEEVES UNDER VIEWING BOXES) ' 'Phis item shall include all labor,material,equipment,and services necessary for the installation of a Ruin Bird Landscape Irrigation system or equivalent as described on the plans. Work shall include ' the installation of u weaterproof and lockable Controller Panel(ESP 12 LX Play or equivalent), Quick Coupling Valve(for winterizing)to be positioned adjacent to the backflow valve,a backflow valve,u Pressure Regulating Muster Valve(I"P1313 100 PRS or equivalent),clLetric Rain Bird DVP series controller valves,meter pits for the back-flow and Quick Coupling Valve,water supply hookup, ' 24 volt DC direct bury wire to nil valves shown on the plans,seeding and mulching of disturbed areas,de installation of turf spray heads and shrub spray heads us shotsn on the plans,electrical hookup to die power supply near die flagpole,pull box near flagpole to lap into existing flagpole circuit(120Volt),water line as shown on the plans to serve each irrigation spray head,lateral lines (I"class 200),main limes(1 '/:'class 200),and installation and inspection of tenter supply connection in accordance with the City of Jeflcrson plumbing code, testing of the system, I hour of training to City of Jefferson maintenance personnel on-site and uflcr construction,and all other parts,supplies, hardware,tools,mid incidentals necessary to install a complete and usmblc automatic irrigation system. Work shall include the placement of water lines bencuth sidewalks without disturbing or '• removal of sidewalk. Damage to sidewalk sections to be Icll in place will be repaired by Contractor and at no additional cost to the City. ' 20, Shrub Plantings,Mulching and Gcotextile at Veteran's Memorial ' Shrubs,mulching,and gcotcxtile for mulching will he constructed by others(Not In Contract). 21, 7cysin Sod in Veteran's I'faza and'I'opsoil,Fertilizer,Seeding and Mulching ' This item shall include all labor,material,equipment,and services necessary for the installation of zoysia sod within the Veteran's Plaza. 7oysiu sal will be placed n0er die installation of the irrigation system,and shall be placed on a minimum of 4"quality topsoil. 7ilysin sod shall be placed in the ' "triangle shaped'areas between the viewing boxes and the undisturbed portions of the perimeter sidewalk. 'file approximate square yardage of this awn is 200 square yards,but will not be measured for payment. All other areas outside the limits shown on the plans will be seeded and mulched in the normal manner by placing 4"of quality topsoil,followed by the placement of fertilizer,followed by a ' grass seed mix conforming to the City of Jc0'crson Technical Specifications,followed by the placement of mulching material such as straw. ' 22. Steel arA6onlnaar Landscape ridging in Veteran's Plazu 'Phis item shall include all labor,material,equipment,and services necessary for die installation of steel or ahnninmm landscape edging around the shrubs adjacent to ilia memorial ' viewing boxes as shown on the plans. Steel landscape edging details arc included in the City of Jefferson Standard Drawing set. 23. Bronze 24"by 18"Memorial Plaque(NOT PART OF LUMP SUM BID FOR VETERAN'S PLAZA) This item shall include all labor,material,equipment,and services necessary for die ' fabrication of one(1)additional bronze memorial plaque to match the existing bronze plaques. Plaque shall include wording to be determined at a date prior to ordering,but in general will contain the same amount and size of lettering as currently exists on the plaques. New plaques shall be the sume thickness and quality as the existing bronze plaques. Price shall include die mounting to die ' curved radius area of(lie memorial viewing boxes. Measurement for this pay item shall be mode per each plaque,and payment will be made at die per each bld price. ' B. PARKING IMPROVEMENTS-LINE ITEM BID— PART 2 ' Item No.2.01 —Removals This item shall include all labor,material,equipment,and services necessary for the ' removal of improvements within the Police Panting Lot area,including die existing brick and concrete walls on the north end of die project,guard rail along the cast edge of die existing parking lot,electric gale/motor/controller removal and abandonment of electrical connection in accordance with die City of Jefferson electrical code,fence removal along the cast edge of the existing parking lot, ' concrete parking stop removals,full•depdh sawcut at the existing concrete pavement near Section A-A on die plans to achicva it clean and straight cut,tree removals(including roots and rout ball)within die area adjacent to the existing Veteran's Memorial at the north end of die project,sidewalk and portland cement concrete pavement removals shown on die plans,drinking fountain removal and water line capping in the urcu adjacent to the existing Veteran's Memorial,wooden bench removals in the area adjacent to die existing Veteran's Memorial,flagpole removal in the area adjacent to the existing Veteran's Memorial and subsequent hauling to the City Strew Division facility at I lyde Park, spotlight removal and disconnection of electric connection in accordance with the City of Jefferson electrical code in the area adjacent to the existing Veteran's Memorial,plaque removal at the bottom 1 '• of the flagpole,concrete base or foundation removals cncountenxl up to 18"in thickness Thal arc not specifically sIlmvn on the plans within[lie existing Veteran's Memorial area,taro removals(including roots and root balls) for all trees(5 total)in the picnic area between City I lull and the existing parking lot,the new curb cut and sidewalk and pavement removal for the new entrance to McCarty Street(including any necessary full-depth sawcutting to achieve a smooth edge),and all other areas ' described as"(o be removed"in the plans for the project. All bronze or granite plaques removed shall be given to the Eagincer,and care shall be taken in their removal to ensure against damage to the plaques-6rur"il4hal!4w4nmled4o4l 6ity-of-WerswnSl reel ivs.iwrfaei}itywt Hyde lm? Added byAddendum No. 1: Guard call and nosh receptacle to he disposed of by the Connector. All other items will be disposed by the Contractor in no additional expense to the City orJel'erson. Measurement for this pay item shall not be made,and payment will be made at the lump sum bid price. ' Item No.2.02— Grading,Additional Pill and Compacted Huse This item shall include all labor,material,equipment,and services necessary for the grading or ' additional fill needed to construct the project in accordance with die cross sections,profiles and site plan for the project. Granular backfill needed adjacent to retaining walls shall paid for under the solid modular retaining wall line item. This Item also Includes the placement of G"of Compacted base rock under the entire parking list and the McCarty Street entrance. Measurement for this pay item shall not be made,and payment will be made at the lump sum bid price. item No.2.03— Pavement ' q'hisitcyn-slrulF+nelrxie-u1Na(wr;ruater+al�quipmrn:�.r,.;a�T ioes-neoerwery-feFtNre�enstnwtien-ef' an-esphelliateeuwrc4w>r-iwrtlwrd eenxrnuwwrekxlrivirrg-wrrfeue-wiArhHlrearcvrralwwrwn-11w parking-let-site jrlan-C-ennraeter-shalNeave-tlwoptiwhafe�arsu�eting,eitherysavrrttent-surfeco-lf�lw 6erHreuter olrocwcw{Iwasphnikiwwnorolecrpticw this�lrivinK sudiraawleu ;VAG Ba sear•r ) ',-Vr'-"-*;'3P 8 rfioe-Cowr%x-Ahe-Canraaiiii:a ux�swilnywrtluml<enrent ocxwrNn ' olHierHlunHl�}wvwnenl slwll!w a minimwrrc>f iMlriok+wss—WIPGGpeveuwo(is "war# "I alr te irwladerseweuttingyrlaoenrenbofear+ngoewr aongrlete-die NY irwaairJunwrwiBHleeCity"FdeBertitnrfeolmieal,Stxaifieatiens feFCernxwe Favetuent A4eusurcynenHeHltis pey itetueHnll43wnuekriealwtKVrresl sctuare yard:end-pay rer0 wil! ' Iwma "Hho-perequar irdbkljrlce, Added byAddendi ar No. 1: This Item shall Inchnle all labor,material,equipment,and services to consnvct a G Inch thick pordand dement concrete parking lot wlthln the areas shown on the plats. Scope of work to include all sawcrating on 10foor centers and doweling on 30"centers beneath sawcats,consaecilon of transverse expansion johns near approaches as shown on the City of Jgffeison Standarrl Drawings for commercial approaches,placement ofcnring compound,and all other Items needed to congdete the work its accordance with the City of Jefferson Technical S'pedficarioris for•porilarid cenie)il comcrrte pavement. dleasavmeet for this pay Was shall be made to the nearest square yard,and payment will be made at the per square yard bdd price. Item No.104— G"PCC Sidewalk This item shall include all labor,material,equipment,and services necessary for ilia construction of G"portland cement concrete at Ilia new McCarty Street entrance. Measurement for this pay item shall ' be made to the nearest square yard,and payment will he made at the per square yard bid price. Item No.2.05— 4"PCC Sidewalk '17tis item shall include all labor,material,equipment,and services necessary for die construction of a 4"nominal thickness sidewalk at the areas shoeen on file plans. Work shall include all sawcutting, placement of expansion material,placement of leveling material or base rock if needed,placement of additional compacted subgrade as ncroded,and all other incidentals necessary to complete the work. If ,• shown on the plans,stork shall also include the construction of handicap-accessible ramps and/or handicap accessible features associated with the sidewalk. Measurement for this pay item shall be ' made to llte nearest square yard,and payment will be made at the per square yard bid price. Item No.2.06— Type A PCC Curb and Gulter ' This item shall include all labor,material,equipment,and services necessary for the construction of Type A PCC curb and gutter at the locations s iosm an lie plans. Type A curb and gutter is specified in the City ofJelferson Standard Drawings. Measurement for this pay item shall be made to the ' nearest linear foot,and payment will be made at Ile per linear foot bid price. Item No.2.07— Solid Block Modular Retaining Wall ' 11is item shall include all labor,material,equipment,and services necessary for the construction of o Versa-Lok or equivalent solid block modular retaining wall as shown on the plans. Texture and finish to be rough,and light gray in color. Work for this item will also include the submittal of a shop drawing stamped by a design professional registered in lie Stale of Miss uri showing the general healion of geogrid,type and amount of backfill behind the retaining wall,location of4"PVC drain pipe,foundation or leveling pad,and other items critical to die design. At a minimum,the lower ' courses of de solid block modular retaining wall shall be laid upon a leveling course of 6"minimum thickness of granular material,and a minimum of two(2)layers of geogrid shall be required. In addition,the City of Jeferson Standard Drawings for Modular Walls should be followed for other general requirements. This submittal will be considered incidental to the project,and no additional ' payment will be made for this item. Placement o f granular fill behind the retaining wall,placement of other fill behind the retaining wall,additional grading necessary behind or in front of the retaining wall,adhesive for capstone,excavation for the fooling or bedding,additional fill,root cutting, N additional removals,and all other incidentals for the project will be considered incidental,and no additional payment will be made for them. Measurement for this item shall not be made,and shall be paid at the lump sum bid price. Item No.2.08— Brick/Conercle Walls and Foundations This item shall include all labor,material,equipment,and services necessary for the construction of ' poriland cement concrete walls with brick facing,including the foundations as shown on tie plans. Work shall include all reimlbreing steel,excavation,compaction,installation of sweepholes,placement of weep rope at intervals specified by the City of Jeferson building code,placement of granular ' and/or native backfill as shown on the plans,and any other incidentals necessary to complete the work. Work shall also include the incorporation of a Sprint telephone line throught the foundation at locations shown on the plans,and PVC sleeves or other approval method for incorporation of the Sprint telephone line will be considered incidental to the project. Added by el tldendua No. 1: (Jack ' shall match the color and texture of the brick used In the comsimcdon of the dlentorlal Vleswing Boxes. A sample ofthe brick to he used shall be suhnittted for the Engineer's approval prior to otwlering. Measurement for this work item shall not be made,and payment shall be made at the lump ' sum bid price. Item No.2.09— Relocation of parking Lol Lighting ' This item shall include all labor,material,equipment,and services necessary for the relocation of to existing parking lot lights(2 conhplow systems),poles,and associated wiring. The work shall follow ' the plans for this work item. This work shall also include the removal of the existing concrete base to a minimum of 6"below any new pavement,sidewalk,or any other structural improvement which • would be of eled by the old concrete base. Work shall also include construction of new concrete foundations in accordance with the City of Jefferson Standard Drawing for Raised Pole Foundations, and shall include new electrical flush-mounted pull boxes for splicing of wire,new wire in conduit, new conduit,and all other items necessary to construct a complete and useable lighting system. 1 ,• Mensureniem for this work item shall not be made,mid payment shall be made at the lump sum bid price. ' Item No.2.10— Automatic Sidewalk 1 leater System ' 'Phis item shall include all labor,material,equipment,and services necessary for a complete and useable automatic sidewalk heater system. Existing sidewalk to be removed and paid as part of "removals",and new sidewalk to he constructed with automatic sidewalk heater system. Sidewalk to be paid for separately. System is to be a"Easy{[cat SnoMcher"or equivalent,and three(3)8 fool by ' 18"malls raid at 208 votes,spared tit 7"between malts,with associated aerial snow/moisture sensor to match the system(i.CD-I or equivalent). Outdoor rated surface mounted conduit to be installed to the roof lop north of the security camera from the wealherproofjunclion box mounted(non-recessed) ' on the brick pilaster adjacent to the entryway.Cold leads shall be of suf iciem length to reach the wcmhemproofjunction box. All required wiring between tie heal orals,aerial sensor,and junction box shall be incidenml to the project. Work shall also include the inside electrical connection to the second far power supply located approximately 75 feel from the entr3ivay. Ground fault interrupter ' to be incorporated into the electrical connection to cut of'power in the event ofa ground fault. Manual override to be provided in case of aerial sensor fault which allows for manual"on/ofP'control of fie system. All work shall be perfomred by a licensed electrical contractor,and all work shall comply will,the City of Jefcrson electrical code. Mcasum mienl for[his work item shall not be made, and payment shall be made at the lump sum bid price. ][cut No.2.11 — Re-Roule Downspout Under Ncty I'Mr3ivoy Sidewalk This item shall include all labor,material,equipment,and services necessary for Ore relocation of the existing drainage from the dounspoul near the entryway of Ito Police Department building underneath tie new concrete sidewalk. Re-routing the drainage shall be performed using PVC pipe, and drain directly perpendicular to[he new curb. Measurement for this work item shall not be made, ' and payment shall be made at the lump sum bid price. Item No.2.12— Topsoil,Fertilizer,Scaling and Mulching within Limits of Parking Lot improvements This item%hull include all labor,material,equipment,and Services necessary for the placement of 4" of quality topsoil,the placement of fertilizer,placement of seed in accordance with the City of Jcf'crson Technical Specifications for grass seed,and the placement of mulching matcrial(i.c.,straw or equivalem)in areas disturbed during construction of lhu parking lot improvements. Measurement for this work item shall not be made,and payment shall be made at the lump sum bid price. ' Item No.2.13—131uck Epoxy Cooled Chain Link Fence(42") This item shall include all labor,material,equipment,and services necessary for the construction of a ' new 42"epoxy coined chain link fence at the locutions shown on the plans. Fencing to conform to the City orJeifcrson Standard Drawing for drain link fence and posts. Measurement fir this work item shall not be made,and payment shall be made at lime lump sum bid price. ' Item No.2.14— Subgrade Stabilization This item shall include all labor,material,equipment,and services necessary for tie removal of ' unsuitable subgrudc,the subsequent disposal,and Ilene replacement with suitable material. Suitable material for replacement includes shot rock,followed by a G"layer of base rock on the top of tic shoe • rock, Measurement for this work item shall he made to the nearest ton of replaced material,and payment shall be made at the per ton bid price. END OF SPECIAL CONDITIONS ' From:X CWM DEVF 0411 M 573 634 6457 02/03/2006 14:01 1211 P.002/011 ADDENDUM NO. 1 ' PROJECT NO.62006 VETERAN'S PLAZA AND PARKING LOT IMPROVEMENTS FEBRUARY 3,2000 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: i�LIF�/�1r �t'/�P/L�J TITLE: 1 M . CITY OF JEFFERSON, MISSOURI ' PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT 1 2006 II ,jefferso►vCtty Vetera#V'yC~cr.L je{f"ersowcay, Mo: FebrL"try 6, 2006 Patr"F. Su"a#4 RE vasctvr of Community Dew2opm"t Cray ofJefiwsotv 320 Ea4tMcCarty Street JefersowCtty, M&65101 • 'Dear Mr. Su"ans Th&jeffersovvCGtyVet¢rawwcomc&ha4-gCwwdwir fu& endorw*w it ofth&Vetera*VkPlagak W&waba4siatc#va4%y way posltb &tn-help Wrt3VdU&WOrthyprofect. Stv�cevly, DowffentW*, President JeffersowCay Vetem#VkCoiuwa FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2261 - Veteran's Plaza and Parking Improvements Project 62006 Community Development, Engineering, Opened February 7,2006 BIDS RECEIVED: Kauffman Enterprises,Jefferson City, MO $259,292.36 *J C Industries,Jefferson City, MO $297,273.00 Sam Gaines Construction, Inc., New Bloomfield, MO $305,075.00 Concrete Engineering,LLC, Jefferson City, MO $ 342,632,00 Don Schnieders Excavating, Jefferson City, MO $ 361,584.80 Lehman Construction, LLC, California, MO $378,290,00 GBH Builders,Jefferson City, MO $400,239.96 *Not located within the Jefferson City corporate city limits. Ten additional firms requested plans and specifications. • FISCAL NOTE: 3502-9900-7350-6059 City Facilities 2005-2006 Budget $ 292,000.00 Expended 700.00 Encumbered -0- Bid No. 2261 $259,292.36 Balance $ 32,007.64 PAST PERFORMANCE: Kauffman Enterprises has been awarded City projects in the past and has completed the work as specified and bid. RECOMMENDATION: Staff recommends award of the bid to Kauffman Enterprises of Jefferson City, Missouri in the total amount of$259,292.36. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids, Departmental Recommendation Purchasing gent Dire t 1 0 nity Development GItY at . _ 1 III u.. 1 e erson • 11 YY 1 COMMUNITY DEVCLOPMENT Memorandum Priem[P•Ul4YOp PC;[he[cros 320 East McCarty Street Jefferson City, Missouri 65101 Phone: (573) 634-6410 • Fax (573) 634-6562 •www.jeffcltymo.org Date: February 10,2006 To: Terry Stephenson - Purchasing Agent, Finance i From: Gene A. Williams, P.E.—Division Director of Engineering � Subject: Veteran's Plaza and Parking Improvements Project No. 62006, Bid No. 2261 Public Works has completed a review of the bids opened at 1:30 PM on February 7, 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 seven (7) bids that were received for the project. Based on our review, we recommend acceptance of the base bid from the low bidder • Kauffman Enterprises LLC, P.O. Box 605, Jefferson City, MO 65102. The bid total is $259,292.36. The project will be expensed as follows: Kauffman Enterorises Contract ($259.292.36): Account Number: Amount Available: Required: Remaining: 3502-9900-7350-6059 $291,300.00 $259,292.36 $32,007.64 Total $259,292.36 If you need any other information please feel free to contact me at extension 547. 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