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HomeMy Public PortalAboutORD14013 • BILL NO. 2005-147 SPONSORED BY COUNCILMAN Martin ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH KAUFFMAN ENTERPRISES LLC FOR MYRTLE AVENUE AND STADIUM BOULEVARD SIDEWALKS. WHEREAS, Kauffman Enterprises LLC has become the apparent lowest and best bidder on the Myrtle Avenue and Stadium Boulevard Sidewalks project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Kauffman Enterprises LLC is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and Clty Clerk are hereby authorized to execute an agreement with Kauffman Enterprises LLC for Myrtle Avenue and Stadium Boulevard Sidewalks. • Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. 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The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 32081, Myrtle Avenue and Stadium Boulevard Sidewalks"will include the furnishing of all material, labor, and ' equipment to construct approximately 4300 feet of 5 foot wide concrete sidewalk, including the construction of several modular block retaining walls, grading, and utility adjustments. A pre-bid conference will be held at 9:00 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-Five Dollars ($25.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be Nobtained for'Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the ' payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. ' The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON Terry St phenson ' Purchasing Agent ' Publication Date Sunday, January 22, 2006 '• NOTICE TO BIDDERS ' Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East ' McCarty Street,Jefferson City, Missouri, until 1:30 PM on Tuesday,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. 32081, Myrtle Avenue and Stadium Boulevard Sidewalks" will include the furnishing of all material, labor, and equipment to construct approximately 4300 feet of 5 foot wide concrete sidewalk, Including the construction of several modular block retaining walls, grading, and utility adjustments. ' A pre-bid conference will be held at 9:00 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 forbidding purposes maybe obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Twenty-Five Dollars ($26.00) will be required ' for each set of plans and specifications. Individual full size sheets of the plans maybe obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein ' to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Patrick E. Sullivan, PE Director of Community Development 1• 1 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.32081,Myrtle Avenue and Stadium Boulevard Sidewalks"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 approximately 4300 feet of 5 foot wide concrete sidewalk, including the construction of several modular block retaining walls,grading,and utility adjustments. I13-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder Is required to examine carefully the site of the proposed work, the bid, plans, specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish ' all materials and labor necessary to carry out the provisions of the contract. I8-3 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. ' 18.4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such Information and data for this purpose as the City may request. The City reserves the right to ' reject any bid if the evidence submitted by the bidder or investigation of such bidder falls to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. ' IB-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. 1 '• I" BID SECURITY Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. ' Should the successful bidder fail or refuse to execute the bond and the contract required within seven(7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal,the security deposited with his bid. 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. 18-8 PRICES The price submitted for each item of the work shall Include all costs of whatever nature involved Nin its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption In the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 ' from an Individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption ' and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained In satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall Include the cost of such taxes, I8-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the ' quantifies stated in the bid will not be used In establishing final payment due the successful Contractor. The quantities stated on which unit prices are so Invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item ' and calculate his unit price bid for each Item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best Information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. 1 ' • 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. 32081, Myrtle Avenue and Stadium Boulevard Sidewalks". ' I8-12 ALTERNATE BIDS A. In making the award, if alternate bids have been requested, the alternate bid which will be in ' the best Interest of the City will be used. IB-13 WITHDRAWAL OF BIDS ' If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. ' No bids received after the time set for opening for bids will be considered. '• IB-14 RIGHT TO REJECT BIDS The City reserves the right to reject any or all bids,to waive any informality in the bids received, ' or to accept the bid or bids that in its judgement will be In the best Interests of the City of Jefferson. ' IB-15 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful ' bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance,properly signed by the Contractor and the Surety and Sureties ' satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A ' form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing ' licensed to do business in the Slate of Missouri and acceptable to the City of Jefferson. 10 ' • IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, Including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other ' expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. ' IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection priorto such time,in which case the amount of the deposit will be refunded by the City. ' IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri,pursuant to Sections 290.210 through 290.340 Inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IS-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished ' under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. ' Within the guarantee period and upon notification of the Contractor by the City,the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, In the judgment of the City become necessary during such period. ' The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by ' the Contractor or by his surety under the terms of the Bond. The Contractor also extends the terms of this guarantee to cover repaired parts and all ' replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. '• If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of ' the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party,the costs of the work to be paid by the Contractor. 1 In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. ' IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of ' Jefferson within ten (10)days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established In this notice. ' IB-23 WORK SCHEDULE To Insure that the work will proceed continuously through the succeeding operations to its completion with the least possible Interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure,stating the sequence in which various operations of work are to be performed. 1. IB-24 CONTRACT TIME ' The contract time shall be 60 working days. IB-26 LIQUIDATED DAMAGES ' Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($600.00) per calendarday 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 or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted In a sealed envelope bearing on the outside the name of the ' bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed In another • envelope addressed as follows: 1 1 Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 66101 For the convenience of bidding this project, a 13113 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 81DDERS 1 r r� r . i ,! BID FORM Name Bidder of �llG�jall Fitt/Q 'i3E'S LZ'C Address of Bidder To: CITY OF JEFFERSON 320 East McCarty Street ' Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER,having examined the plans,specifications, regulations ' of the Contract, Special Conditions, other proposed contract documents and all addenda thereto;and being acquainted with and fully understanding(a)the extend and character of the work covered by this Bid, (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other Installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary . handling and rehandling of excavated materials;(f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation,hauling,and rail delivery facilities;and(1)all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials,supplies,equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept In full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described In the specifications; and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows: ' From:X COMM DMOPMENT 573 634 6457 02/03/2006 18:37 11213 P.009/011 ' Page 1012 , CITY OF JEFFERSON ITEMIZED BID FORM REVISED FEB.3,2006 MYRTLE AVENUE AND STADIUM BOULEVARD SIDEWALKS PROJECT NO.320511 ' ITEM APPROX. UNIT ' NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT Location OH,02,and 03 / 1.01 Constnx t Sigrnage and Trafo Control LS 1 /,Roo ' 1.02 Conswclion Staking LS 1 VDU 00 /�,J yo °O 1.03 Removals LS 1 / 2U0 W 1.04 Li /near Grading LF 2,430 ( 1914 1.05 Rock Excavation CY 145 70 =` 10 ,/5 b �tl 1.06 Solid Modular Block Wall SFF 1,480 /7 g-o IRS- /too 1.D7 Solid Block Wall Cap LF 449 ' 1.0e Sub Grade Stabilization TON 20 S pJ =+- 00 n 1.09 Type A Curb and Gutter LF 229 d 1.1 6'PCC Commercial Drive Approadn SY 47 �D°'� 1,11 r PCC Sidewalk SY 1,427 -° 9 WS-Q-0 1.12 e'PCC Sklewalk Ramps SY 141 go 1.13 ("Monolithic Curb LF 132 4 S-0 Zz Q0 ' 1.19 Double Not Straw Blanket SY 276 ;;)- 6~ 5S2. '-° 1.17 Adjust Manhole EA 1 L SD oo LEC0 00 ' 1,18 Adjust Utility Valves/Meters EA 12 1 Q p co 00 IT 1.19 Relocated Sign al Sta.31466 LS 1 3,DD oo -.3 170 1 1.20 Temporary Mulch BY 2,D00 (� rr 0©1700 1.21 Hydroseeding AC O.e ' 122 Guardrail LF 137.5 � �,57)0 Location 04 LS 1 2.01 Construction Signage and Traffic Control LS 1 J-C)oc" S0 0 00 2.02 Construction Staking LS 1 DO°-° goo °D 2.03 Removals LS 1 i ' From:JC COMITY DEVELOPMENT 573 634 6457 02/03/2006 18:37 9213 P.010/011 ' Page 2 of 2 1 ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 2.04 Linear Grading LF 1,810 6 -5-0 /to,140S o0 2.05 Sub Grade Stabilization TON 10 r9t,00 a5O0o 2.00 Type A Curb and Gutter LF 11 -10,60 a P.d Qo 1 2.07 4"PCC Sidewalk SY 878 /3L'S ou 3�( �7 w 2.08 8"PCC Sidewalk Ramps SY 50.0 �v G-' a��D00 ad ' 2.11 Adjust Utility Valves/Meters EA 8 1ov &Do °O 2.12 Relocate Sprinkler Heads EA 3 / Lo(-)09 3 co CLO 2.13 Hydroseeding AC 0.2 S o0 do / TOTAL BASE BID DID bo Signature of Bklder Dale i N 1 1 1 1 1 1 i� 1 1 ,• SUBCONTRACTORS ' If the Bidder intends to use any subcontractors in the course of the construction, he shall list the ' 1�Rrr 4 U-104A) OV, , [� Pryer- F.FJ; 4(0,c;sas ' TIME OF COMPLETION The undersigned hereby agrees to complete the project within 50 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, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. The undersigned hereby designates as his office to which such notice of acceptance ' m be mailed, telegraphed, or delivered: _ O130A (,20 5-, oar^C�_so.J L'i6 46 OS-10ff It is understood and agreed that this bid m y'be withdrawn at any time prior to the ' scheduled time for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of At [ . Et�9�I�4 1 s��sn Dollars (cashier's check), make payable to the City of Jefferson. 1• '• Signature of Bidder: If an individual, doing business as If a partnership, member of firm. by ' If , LLC L%,e v Lc/V f e/°'1& •Q.S ZLG ' by MWf4a Title t4-('L. "Iue x—, 1 r SEAL Business Address of Bidder If Bidder is a corporation, supply the following Information: State in which Incorporated Name and Address of its: President Secretary Date_ 1 bond No. DID • BID BOND The American Institute of Architects, AIA Document No.A310(February, 1970 Edition) ' KNOW ALL MEN 13Y THESE PRESENTS,that we THOMAS A.KAUFFMAN DIBIA KAUFFMAN ENTERPRISES,PO 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 Obligec,hereinafter called the Obligee, in the sum of FIVE PERCENT OF BID 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 ' by these presents. WHEREAS,the Principal has submitted a bid for MYRTLE AVENUE&STADIUM BLVD-NEW SIDEWALKS. NNOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligec in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in Ole event of 0te 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 Sealed this All day of February 2006 t 6"�` THOMAS A.KAUFFMAN DIBIA KAUFFMAN ENTERPRISES Witness j� Princi i (Seat) ' By: Namcl'I'illc CONT11ACPORS BONDING AND INSURANCL'COMPANY J`�'�•"tL� ���lGiy� B �r' Jn / ` y�O I A Ilrs1/y seat Wimess y; vh �',/ % 00A4 ''•T1?� /i John H. Williams y c '6 Attomc�-!n;0cr, r'rirh'ASH;NC',; --- -•------ ............ NX READ CAREFFLLT- lo he cased only with lhebondspe-cifl (ill VAN, '?!!j'. I Ie bond j: or before the tinle intlicnied above. - - - - -- - ---- KNOW ALL MEN By THESE PRESENTS, that the Company does hereby make, Constitute ;(r = (jj and appoint the following: JOHN H. WILLIAMS and TERRY MICKHAN its true and lawful Attorney(g)-in-Fact, With full power and authority hereby conferred in its name, place and Stead, to execute, acknowledge and deliver On behalf Of the Companys (1) any and all bonds and undertakings Of suretyship given for any purpose, provided, however, that no such person shall be autboriZed to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of 010,000,000, and provided, further, that no kttorney-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 requixed with penal sum in excess of 010,000,000; and (2) consents, releases and other similar documents required by an Obli900 under a contract bonded by the Company. This appointment is made under the authority of 9 Board of Directors of the Company---------------------------------------------------- 11'�1�!Sr i14/1111 M it ......... It ■ �i ANTI-COLLUSION STATEMENT ' STATE OF AliSvIt/L i j ' COUNTY OF G� ) ' �/Tr'm /�• f5 ,�r rG/CM / being first ' duly sworn, deposes and says that he is d7G--%N%< of TITLE OF PERSON SIGNING ' 7?��inrtt/ E�ll��Prrtses !•� NAME OF BIDDER I 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. Afflant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. (BY) / h i (BY) Sworn to before me this day of F-t.L i r,A 1 200 . EILEEN S.CUMMINOS —yam Notury — ry Sea STA TE OF MISSOURI . Boone County 46TARY Mycommission Expires Sept.9,21X18 My commission expires; rf1-1)9-7LX2 I 1 '• CONTRACTOR'S AFFIDAVIT ' This affidavit is hereby made a part of the Bid, and an executed copy thereof shall ' accompany each Bid submitted. STATE OF iSCcdWL� ) ' COUNTY OF ) SS 1 ' The undersigned, of lawful age, being first duly sworn states upon oath that he is LIZ the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based Include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. AF T Subscribed and sworn to before e, a Notary Public, in and for the County and State aforesaid, this of `"`day of r. 20 (-f,? . EILEr:N S.CUMMINGS Notary Public—Wary Seal STATE OF MISSOURI Q�`f{R •f Doonc County Mycommission Expires Sept.9.2008 My Commission Expires; ("9-09-7 Y>� 1 '• MINORITY BUSINESS ENTERPRISE STATEMENT ' Contractors bidding on Citycontracts 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, '• 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 Nrace); 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. tMinority Business Enterprises may be employed as contractors,subcontractors, or suppliers. ,• B. The bidder must Indicate the Minority Business Enterprise(s) proposed for ' utilization as part of this contract as follows: Name and Addresses Nature of Dollar Value of of Minority Firms Participation Particpation �u PL's '&X !o'slelz� a)JV2 Total Bid Amount: �Sy 3�0 5 Total: ./0 8�f1(oU Percentage of Minority Enterprise Participation: % C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority ' Business Enterprise;and(b)has executed a binding contract to provide specific materials or services for a specific dollar amount. N 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. ' bxcy LL &je. - WPSE NAME OF A HORIZED OFFICER ' DATE 2 7 SIGNATURE OF AUTHORIZED OFFICER AFFIDAVIT ' COMPLIANCE WITH PREVAILING WAGE LAW ' Before me, the undersigned Notary Public, in and for the County of State of ��'`° ►,�1 , personally came and appeared I _flk+�rts /-�- l� Av+�FFin�✓ i:>;J.1121t NAME POSITION of the tc-f-Fm e'J NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Annual Wage Order No. 12, Section 026, Cole County In carrying out the contract and work in connection with Project No. 32081, Myrtle . Avenue and Stadium Boulevard Sidewalks located at Jefferson City in Cole County, Missouri, and completed on the day of_F� c mow_ SIGNtI E Subscribed and swom to me this day of EILEEN S.CUMMINGS Notary Public—Noluryy Scut STATE OP MISSOURI Doonc County My Commission Expires Sept.9,2m8 ARYL My commission expires: r STATE OF MISSOURI j ss COUNTY OF p� Missouri Division of Labor Standards WAGE AND HOUR SECTION W � ' ,,, •3 ii;, 7I Jti M ccc � �p MATT BLUNT, Governor M Annual Wage Order No. 12 ' Section 026 COLE COUNTY ' In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may ' be affected by this Annual Wage Order may object by filing an objections in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to ' 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. ' Original Signed by Colleen A. White, Director ' Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With Secretary of State: March 9,2005 '• Last Date Objections May Be Piled: April 8, 2005 ' Prepared by Missouri Department of Labor and Industrial Relations Building Construction Roles for REPLACEMENT PAGE Section 026 •I COLE County "Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule Asbestos Worker 10105 $26.44 55 60 $12.76 ' Boilermaker 9105 $28.19 57 7 $17.42 Brickia ers-Stone Mason $25.16 59 7 $6.66 Carpenter 3105 $20.48 60 15 58,91 Cement Mason $18.91 9 3 $10.10 ' Electrician Inside Wireman $25.64 1 28 1 7 1 $10.03 t 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $34.065 26 54 $13.241 Operalinp Engineer Group 1 5105 $24.07 86 66 $14,53 Group ii 5/05 $24.07 86 66 $14.53 Group 111 5105 522,82 86 66 $14.53 Group 111-A 5105 $24.07 86 66 $14.53 Group IV 5105 1 $24.77 86 66 $14.53 Group V 5105 $26.07 86 66 $14.53 Pipe Filter 7/05 b S30,501 91 69 $17,18 ' Glazier $13.00 FED $1.84 Laborer(Building): General $17.221 110 1 7 $8.08 First Semi-Skilled $19.221 110 1 7 $8.08 Second Semi-Skilled $18.22 110 1 7 $8.08 Lather USE CARPENTER RATE Linoleum Le er&Cutter USE CARPENTER RATE Marble Mason $25.16 59 7 $8.86 Millwright 3105 $21.48 60 15 $8.91 Iron Worker 8105 $22.85 11 8 314,64 ' 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 i5 $8.91 ' Roofer 9105 $24,75 12 4 $8.99 Sheet Metal Worker 7105 1 $24.161 40 23 1 $10.54 Sprinkler Fitter $15.251 FED $2.38 Terrazzo Worker $25.16 59 7 $6.86 , Tile Setter $25.16 59 7 $8.86 Truck Driver-Teamsler Grou 1 $20,10 101 5 $6.75 , Group 11 $20.80 101 5 $6.75 Group Ill $20,50 101 5 $6.75 Group IV I $20.81) 1D1 5 $6.75 Traffic Control Service Driver ' Welders-Acet lone&Electric Fringe Benefit Percentage Is of the Basic Hourly Rate , Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division of Labor Standards at(573)751-3403, "Annual Incremental Increase •' 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.12 10/05 II '• Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes ac we basic Over. OCCUPATIONAL TITLE Data of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 1 'Vyeldere receive tale prescribed for the occupational title performing operation to which welding Is Incidental. ' Use Building Construction Rates on Bullding(s)and All Immediate Attachments.Use Heavy Construction rates for remainder of project. For the occupational lines not listed In Heavy Construction Sheets,use Roles shown on Building Construction Rate Sheet. ' e•Vacation: Employees over 5 years•8%; Employees under 5 years•6% 'b- All work over$3.5 Million Total Mechanical Contract•$30.50,Fringes•$17.18 All work under$3.6 Million Total Mechanical Contract•$28.16,Fringes•$13.08 1• ' 'Annual Incremental Increase ANNUAL WAGE ORDER NO,12 7105 1 COLE COUNTY OVERTIME SCHEDULE , BUILDING CONSTRUCTION • FED: Minimum requirement per Fair Labor Standards Act means time and one-half(I ''/,)shall be paid for all work in excess of forty ' (40)hours per work week. NO.9: Means the regular workday starting time of 8:00 a.m. (and resulting quilting time of 4:30 p.m.)may be moved forward to 6:00 , a.m.or delayed one hour to 9:00 a.m. All work perfumed in excess of the regular work day and on Saturday shall be compensated at one and one-half(I%:)times the regular pay. In the event time is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday at straight time, All work accomplished on Sunday and holidays shall he compensated for at double the regular rate of wages. The work week shrill be Monday through Friday,except for midweek holidays. ' NO, 11: Means eight(8) hours shall constitute a clay's work, with the staring time to be established between 7:00 a.m. and 8:00 am. front Monday to Friday. Time and one-half(I'%)shall be paid for first two(2) hours of overtime Monday through Friday and the first ' eight(8)hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double(2)time rate. Double(2)time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of Ihesc holidays, NO. 12: Means the work week shall continence on Monday at 12:01 a.m,and shall continue through the following Friday,inclusive of ' each week. All work performed by employees anywhere in excess of forty(40)hours in one(1)work week,shall be paid for at the rate of one and one-half(1'h)times the regular hourly wage scale, All work perforated within the regular working hours which shall consist of a ten(10)hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(I%,) times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)limes the regular hourly rate ' NO. 18: Means the regular work Jay shall be eight(8)hours. Working hours are from six(6)hours before Noon(12:00)to six(6)hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a,m. and 12:00 Noon on Monday and ' ending between 1:00 p.m.and 6:00 p.m,on Friday. Saturday wfl) he paid at time and one-half(1!12). Sunday and I lolidays shall be paid at double(2) time. Snturday can be a make-up day if the weather has forced a Jay off,but only in the week of the day being lost. Any time before six(6)hours before Noon or six(6)hours nfter Noon will be paid at time and one-half(I'/:). NO.26: Means that die regular working day shall consist of eight(8)hours worked between 6:00 a.m.,and 5:00 p.m.,five(5)Jays p4H week,Monday to Friday,inclusive. I lours of work at each jobsite shall be those established by the general contractor and worked by Ute majority of trades. (Tlte above working hours may be changed by mutual agreement), Work performed on Construction Work on Saturdays,Sundays and before and after the regular working day on Monday to Friday,inclusive,shall be classified as overtime,Bud paid ' for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for n four(4)ten(10)hour day, week at straight time pay for construction work; the regular working day shall consist of ten(10) hours worked consecutively,between 6:00 a.m. and 6:00 p.m., four(4) days per week, Monday to Thursday, inclusive. Any work perforated on Friday, Saturday, Sundry and ' holidays, and before and idler the regular working day on Monday to Thursday,where a four(4) ten(10)hour day workweek has been established,will be paid at two times(2)the single tittle rote of pay. The rate of pay for all work perforated on holidays shall be at two times(2)the single time rate of pay. 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 for lunch, shall , constitute a Jay's work five (5) days a week, Monday through Friday inclusive, shall constitute it work week. The Employer has the option for a workday/warkweek of four(4)ran(10)hour days(4-10's)provided: ' -The project must be for a minimum of four(4)consecutive days. -Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If it holiday falls within that weck it shall be a consecutive work day. ' (Alternate: If it holiday falls in the middle of a week,then the regular eight(8)hour schedule may he implemented). -Any time worked in excess of any ten(10)hour work day(in it 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 he paid at one S one-half(1'/3)times the , employee's regular rate of pay. All work performed front 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall he paid at double(2)the straight time hourly rate of pay. Should employees work fn excess of twelve(12)consecutive hours they shall be paid double time(2X)for all time after twelve(12)hours, Shill work perfommcd between the hours of 4:30 p.m.and 12:30 u.m,(second , shift)shall receive eight(8)hours pay at the regular hourly rate of pay plus ten(10%)percent for seven and one-half P'/:)hours work. Shift work performed between the hours of 12:30 a.m,and 8:00 a.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 of shiny(30)minutes shall be allowed on catch shill. All• overtime work required alter the completion of it regular shill shall be paid at one and one-half(I%a)times the shift hourly rate. , ANNUAL WAGE ORDER NO, 12 ' A w12 026 01ld,M Papc I of 4 Paps 1 ' COLE COUNTY OVERTIME SCHEDULE • BUILDING 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 at ten (10) hours a day may be worked at straight time,Monday through Friday and need not be 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 may constitute the regular workweek. The regular working day shall consist of ' eight(8)hours labor on the job beginning as early as 7:00 a.m.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly late, All hours workcd on Snturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular working week shall be paid for at ' time and one-half(I%,)the regular hourly rate. All hours worked on Sundays and holidays and all 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 min,snow,cold or excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be designated as a "make-up"day,for an employee who has missed a day of work for personal or other reasons. Fay for"make-up"days ' shall be at regular rates. NO.55: Means the regular work day shall be eight(8)hours between 6:00 a.m.and 4:30 p.m. The first two(2)hours of work performed in excess of the eight(8)hour work day,Monday through Friday,and the first ten(10) hours of work on Saturday,shall be paid at one& ' one-half(1%) times the straight time rate. All work performed on Sunday, observed holidays and in excess of ten (10) hours u day, Monday through Saturday,shall be paid at double(2)the straight time rate. ' NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular staring time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four(4)ten-Lour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and alter die N established workday of eight(8)hours,Monday through Friday,all time worked on Snturday,shall be paid at the rate of time and one-half (I%)except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. ' NO.59: Means that except as herein provided,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per week shall constitute a week's work. All time worked outside of the standard eight (8)hour work day and on Saturday shall be classified as overtime and paid the rate of time and ate-half(I'/,). All time worked on Sunday and holidays shall be classified as overtime and paid at ' the rule of double(2)time. The Employer has the option of working either five(5)eight hour days or four(4)ten(tour 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 die hours of 6:30 ant. and 6:30 p.m. Forty (40) hours per week shnll constitute a weeks work, Monday through Thursday, inclusive. In The event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday ' may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten(10)hours or forty(40)hours per week. When die five day (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In The event the job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer, ' be worked as a rake-up day; slmight Thine not to exceed eight (8) hours or forty (40) hours per week, The regular starting time(and resulting quitting time) may be moved to 6:00 a.m, or delayed to 9:00 am. Make-up days shall not be utilized for days lost due to holidays, 1• 1 ' ANNUAL WAGE ORDER NO. 12 Aw12 026 01'Aw fags 2 a44 Pages COLE COUNTY OVERTIME.SCHEDULE , BUILDING CONSTRUCTION • NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If nn ' Employer elects to work five 8-hour days during any work week,hours worked more than eight(8)per day or forty(40)per week shall be paid at time and one-half(I'/j)the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty(40)hours,Monday through Friday,or any part thereof by reason of inclement weather(rain or ' mud),Saturday or any part thereof may be worked as a make-up day at the straight lime rate. It is agreed by the parties that the makc-up day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days, between the hours of 6:30 a.m.and 6:30 p.m.in any week,work performed more than ten(10)hours per day or forty(40)hours per week shall be paid at time and one half(11h)the hourly wage rate plus fringe benefits Monday Through Friday. If an Employer is working 10-hour days and ' loses a day due to inclement weather,the Employer may work ten(I0)hours on Friday at straight time. Friday must be scheduled for no more than ten(10)hours at the straight lime rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at Time and one-half(1'h)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on , Saturday shall be compensated for at time and one-half (1'h)the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits, NOTE: All overtime is computed on the hourly wage rule plus an ' amount equal to the fringe benefits. NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 a.m.and ending at 4:30 p.m. The regular workday beginning tittle may be advanced one or two hours or delayed by one hour. However,the Employer may have ' the option to schedule his work week from Monday through Thursday at Ten(10)hours per day at(lie straight time rate of pay with all hours in excess of ten (10) hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control,inclement weather or holiday,he shall have the option to work ' Friday at the straight time rate of pay to complete his forty(40)hours. If an employee declines to work Friday as a make-up day,he shall not be penalized. All overtime work performed on Monday through Saturday shall be paid at time and one•hair(1'h)of the hourly rate plus all amount equal to one-half(%,)of the hourly Total Indicated Fringe Benefits. All work perforated on Sundays and recognized holidays shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. M NO, 91: Means eight (8)hours shall constitute u clay's work commencing at 8:00 a.m. and ending m 4:30 p.m.,allowing one-half(%,)— — hour for lunch. The option exists for Ilse Employer to use a flexible starting time between Ilse hours of 6:00 a.m. and 9:00 a.m. The ' regular workweek shall consist of forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4) ten(10)hour days from Monday through Thursday,with Friday as a make-up day. If the makc-up dry is a holiday,the employee shall be paid at the double(2)time mm. The employees shall be paid time and one-half(I'/:)for work perfomtcd before the regular starting time or after the regular quilting time or over eight(8)hours per work day (unless working a 10•hour work day,then time and one-half(1%,)is ' paid for work perforated over ten(10)hours a day)or over forty(40)hours per work week. Work performed on Saturdays,Sundays and recognized holidays shall be paid at The double(2)Time rate of pay. NO.94: Means eight(8)hours shall constitute n days work between the hours of 8:00 a.m.and 5:00 p.m. 'lire regular workday starting ' time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.nt. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/:)limes The regular pay. In the event time is lost during the work week due to weather conditions,[lie Employer may schedule work on the following Saturday at ' straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. NO. 101: Means that except as provided below,eight(8)hours it day shall constitute a standard work day,and fany(40)hours per week shall constitute n week's work;which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on , Saturday shall be classificd as overtime and paid file rate of time and arc-half(l%,)(except rue herein provided), All,time worked on Sunday and recognized holidays shall be classificd as overtime and paid at the rare of double(2)lime. The regular starting Time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m.or delayed one(1)hour to 9:00 a.m. The Employer has the option of working either five(5)cight•hour days or four(4)len•hour days to constitute a normal forty(40)hour work week, When a four(4)tell- ' hour day work week is in effect,the standard work day shall be consecutive tell(10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday Through Thursday,inclusive. In lluc event the job is dottit for any reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked us a makc-up day; ' straight time not to exceed ten(10)hours per day or forty(40)hours per week. Starting time will be designated by the employer. When the five (5) day eight (8) hour work week is in efl'ecl, forty (40) hours per week shall constitute a week's work, Monday through Friday inclusive. In the event thejob is down for tiny reason beyond the Employer's control,then Saturday may,at tlhe option of the Employer, worked as a make-up day; straight time not to exceed eight (8)hours per dry or foray(40) hours per week. Make-up drys shall not be ' utilized for days lost due to holidays, ANNUAL WAGE ORDER NO. 12 , Aw'12 026 01'.dac Page 3 44 Pages ' COLE COUNTY OVERTIME SCHEDULE • BUILDING CONSTRUCTION ' NO. 110: Means eight(8)hours between the hours of 8:00 a.m.and 4:30 p.m.shall constitute a work day. The starting time may be advanced one(1)or two(2) hours. Employees shall have a lunch period of thirty(30)minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.m. and end at 5:00 p.m. The workweek shall ' commence at 8:00 a.m.on Monday and shall end at 4:30 p.m.on Friday(or 5:00 p.m.on Friday if the Employer gmnts a lunch period of one(1)hour),or as adjusted by starting time change as stated above, All work performed before 8:00 a.m.and 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 staled above or on Saturday,except as herein provided,shall be compensated at one and one-half(I%,)times the regular hourly rate of pay for the work perrormcd. 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 nny part thereof by reason of inclement weather (min and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The ' Employer shall have the option of working five eight (8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to work rive(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'h)the hourly rate Monday through Friday. If an Employer elects to work four(4) ten(10)hour days in any week,work performed more than ten(10)hours per day or forty(40)hours per week shall be paid at time and one-half(1%r) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather,they may work ten(10)hours Friday at straight time. Friday must be scheduled for at least eight(8)hours and no more than ten(10)hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(I%a)overtime rate. 1• ' ANNUAL WAGE ORDER NO.12 A W 12 0260LAoc 1'agc 4 of 41'agn COLE COUNTY , HOLIDAY SCHEDULE—BUILDING CONSTRUCTION • N0.3: All work done on New Year's Day, Decoration Day,July 4th, Labor Day, Veteran's Day, , Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay, Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.4:All work done on New Year's Day,Memorial Day, Independence Day, Labor Day, 1 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 holiday fails on a Sunday, it shall be observed on the Monday following. If holiday falls on a ' Saturday, it shall be observed on the preceding Friday. NO.S: 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 M (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 holiday falls on Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following 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. I-lowevcr,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 al the double(2)lime rate. ' NO.23: All work done on New Ycaes Day,Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and ' shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. NO. 54: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, •' Veteran's Day,Thanksgiving Day, the Friday afler 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 WAGr ORDER NO. 12 AW012026 anol Papc l of 2 Pago , 1 COLE COUNTY . HOLIDAY SCHEDULE—BUILDING CONSTRUCTION NO.60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration 1 Day (Memorial Day), Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday. When a holiday falls an Sunday,the following Monday shall be observed as the 1 holiday. NO.66: All work performed on Sundays and the following recognized holidays, or the days 1 observed as such,of New Year's Day, Decoration Day, Fourth of July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day,shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday, 1 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, 1 Veteran's Day,Thanksgiving Day or Christmas Day shall be compensated at double(2) their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also be holidays,but if the employer chooses to work these days,the employee will be paid at straight- 1 time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. N 1 ' 1 i 1 i 1 i� 1 . ANNUAL WAGE ORDER NO, 12 AW012 026111101 Pape 2 of 2 Papa Heavy Construction Rates for REPLACEMENT PAGE Section 026 •' COLE County' *Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule ' CARPENTER Journeymen 5/05 $25.48 7 16 $8.89 , Millwright 5/05 $25.48 7 16 $8.89 Pile Driver Worker 5105 $25.48 7 16 $8.89 OPERATING ENGINEER , Group 1 5/05 $23.15 21 5 $14.45 ' Group II 5105 $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 lGroup 111 5/05 $23.82 22 1 19 $7.50 Grou IV 5/05 $23.94 22 1 19 $7.50 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the ' Building Construction Rate Sheet. .1 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 arc 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 file regular work week shall start on Monday and end on Friday, except where the ' Employer elects to work Monday through Thursday, ten ()0)hours per day. All work over ten (10)hours in a day or forty (40) hours in a week shall be at the overtime rate of one and one-half (i%2)limes the regular hourly rate. The regular workday shall he either eight(8)or ten ()0) ' hours. If a job can't work forty(40)hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time (if working 4-10's). Saturday 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. N Work performed on recognized holidays or days observed as such, shall also be paid at time double(2)time rate of pay. ' NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for,begin at 8:00 a.m. and end at 4:30 p.m. However,the project starting time may be advanced or delayed at the discretion of the Employer. ' At the discretion of the Employer,when working a five (5)day eight (8)hour schedule, Saturday maybe used for a make-up day. ]fun 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 un 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(11h) 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 workday shall be either eight(8) or ten (10) hours. Ira crew is prevented from working forty (40) hours Monday through Friday, or any part thereof by reason of inclement ' weather, Saturday or any pan thereof may be worked as a make-up day at the straight time rate. • Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. For ' all time worked on recognized holidays, or days observed as such, double(2) time shall be paid. ANNUAL WAGE ORDER NO. 12 ' AW012 026 1101• rage I of ITapes 1 COLE COUNTY ' HOLIDAY SCHEDULE —HEAVY CONSTRUCTION • NO.4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving , Day,Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday falls on a Sunday, Monday shall be observed. , NO.5: The following days arc recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day, if a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction.This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8)hours toward a forty(40)hour week; however, no reimbursement for this eight (8)hours is , to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10)hours shall be applied to the ' forty(40)hour work week. NO. 16: The following days are recognized as holidays: New Year's Day,Memorial Day, Fourth of July, , Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If 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 arc required to work the above recognized holidays or days observed as such, they shall receive double(2) the regular rate of pay for such work. NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, ' Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight(8) hours toward the forty(40) hour week; however,no reimbursement for this eight(8)hours , is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays,or days observed as such,they shall receive double (2) the regular rate of pay for such work. 1 •, AW012 HIM ANNUAL WAGE ORDER NO. 12 Page I of I Puget ' REPLACEMENT PAGE • OUTSIDE ELECTRICIAN ' These rates are to be used for the following counties: ' Adair,Audmin,Boone,Callaway,Camden,Caner,Chariton,Clark,Cole,Cooper,Crawford,Dam,Franklin, Gasconade,I toward,I lowell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Marics,Marion,Miller,Monileau, Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Putnam,Rails,Randolph,Reynolds, Ripley,St.Charles,St,Francois,St.Louis City,St. Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington COMMERCIAL WORK ' Occupational Title Basic Total Hourly Fringe Rate Benefits ' *Joumcytnan Lineman $30.30 $450+41.3% *Lineman Operator $27.04 $4.50+41.3% ' *Groundman $21.22 $4.50+41.3% OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours or7:00 a.m.and 4:30 p.m.Forty ' (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in die 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1'h)the regular straight time rate of pay. Convector has ilia option to pay two(2)hours per day at the lime and one-half(1%)the regular straight time rate ofpay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday.Work performed outside the regularly scheduled N working hours and on Saturdays,Sundays and recognized legal holidays,or days cclebmted as such,shall be paid for at the rate of double(2)time. HOLIDAY RATE:All work performed on New Years Day,Memorial Day,Fourth of July,Labor Day,Velcran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on die following Monday. ' UTILITY WORK Occupational Title Basic Total ' Hourly Fringe Rate Benefits ' *Joumcvman Lincman $30.30 $4.50+37.3% *Lineman Operator $26.16 $4.50+37.3% *Groundman $20.23 $4.50+37.3"/( ' OVERTIME RATE:Eight(8)(tours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in die 91h and 10th hour,Monday through Friday,shall he paid at time and onc-half((%)die regularsumight rime rate of pay, Contractor has the option to pay two(2)hours per day at the lime and one-half(I'%)the regular straight lime rate of pay between die hours of6:00 a.m.and 5:30 p.m.,Monday through Friday. Worked perfanned in the first eight(8)hours on Saturday shall be paid at lie rate of one and eight tenths(1.8)die regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays,or days cclebmted us such,shall be paid for at the rate of double(2)time. • IIOLIDAV RATE:All work perforated on New Years Day,Memorial Day,Fourth of July,Labor Day,Velemn's Day, ' Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall he celebrated on die following Monday. *Annual Incremental Increase ' ANNUAL WAGE ORDER NO. 12 gars II w,nLLrNN'(]171]witr Lkc(ncun(]m SR AN'I]nl6r 1 '• AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW ' I, the undersigned, , of lawful age, first being duly swom, state to the best of my information and belief as follows: ' 1. That I am employed as by 2. That was awarded a public works ' contract for Project No.32061,Myrtle Avenue and Stadium Boulevard Sidewalks. ' 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. N4. That has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as ' amended) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT ' Subscribed and sworn to before me this day of 20 . NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) ' ) ss • COUNTY OF ) '• EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, of lawful age, ' first being duly sworn, state to the best of my Information and belief as follows: 1. That •t am employed as by 2. That was awarded a public ' works contract for Project No. 32081, Myrtle Avenue and Stadium Boulevard Sidewalks. ' 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 ' Subscribed and swom to before me this_ day of 20—. ' NOTARY PUBLIC ' My Commission Expires: APPROVED BY: Director of Community Development, City of Jefferson, MO 1 ,• CITY OF JEFFERSON CONSTRUCTION CONTRACT ' THIS CONTRACT, made and entered into this Id day of 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. 32081, Myrtle Avenue and Stadium Boulevard Sidewalks. ' 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 "Myrtle Avenue and Stadium Boulevard ' Sidewalks"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 50 working days from the date Contractor Is ordered to proceed,which order shall be Issued by the Director of Community Development within ' ten (10) days after the date of this contract. 3. Prevailing Wages. ' To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and ' Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages 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 290.260 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman ' employed, for each calendar day or portion thereof that the workman Is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. '• 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: ' (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ' (b) Contractor's Public Liability Insurance In an amount not less than ' $2,000,000 for all claims 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 N for any 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 orall of this work is sublet,the Contractor shall ' require the Subcontractor to procure and maintain all insurance required In Subparagraphs (a), (b), and (c) hereof and in like amounts. ' (f) Scope of Insurance and Special Hazard. The Insurance required under Sub-paragraphs(b)and(c)hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from ' operations underthis contract,whether such operations be by the insured or by anyone directly or indirectly employed by It, and also against any special hazards which may be encountered in the performance of this contract. ' NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective insurance (or contingent public (lability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy(or rider attached thereto)of the general contractor provides adequate protection against claims arising from operations ' by anyone directly or indirectly employed by the Contractor. • 5. Contractor's Responsibility for Subcontractors. ' It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly '• employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the ' terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Liquidated Damages. The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due ' under this contract for every day the Contractor falls or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such ' time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond ' Contractor's control and without fault or negligence on Contractor's part or the part of Its agents. 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior written notice to Contractor,without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly ' refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse orfail to make prompt payment to any person supplying labor or materials forthe work underthe contract, or persistently disregard instructions of the City or fall to observe or perform any provisions of the contract. 8. City's Right to Proceed. ' In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of ' this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. ' The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. ' 9. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against ' any and all claims,damages, losses, and expenses Including attorneys'fees arising out of or resulting from the performance of the work, provided that any such claim,damage, • loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to ' injuryto ordestruction of tangible property(otherthan the Work itself)including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed byany '• of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be ' construed to negate, abridge, or otherwise reduce any other right or obligation of Indemnity which would otherwise exist as to any party or person described in this ' Paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and Invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of 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 One Hundred Eighty Thousand and Three Hundred Ten Dollars and fifty cents ($180,310.50) Dollars. ' 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. Knowledae 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. 1 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts ' exercise of Jurisdiction. In any successful action by the City to enforce this contract,the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid This contract and the otherdocuments enumerated in this paragraph,form the Contract between the parties. These documents are as fully a part of the contract as If attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section N entitled "Contract Documents"represent the full and complete understanding of the parties. This contact Includes only those goods and services specifically set out. This contract supersedes all priorcontracts and understandings between the Contractorand the City. 19. Authorship and Enforcement. i 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. t21. 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. t• 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. 1 ' IN WITN WHE EOF,the parties hereto have set their hands and seals this,_ day of �P006. CITY OF JEFFERSON CONTRACTOR ' o'o, -- or Title: 42W1V4K ATTEST: ATTEST: 1 fly Cle Title: APPROVED AS TO FORM: City Counselor Bond No. JA 4879 '• PERFORMANCE. PAYMENT AND GUARANTEE BOND ' KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Kauffa m Enterprises, 11.0, 10 Box 605, Jefferson City, bU 65102 ' hereinafter, referred to as "Contractor" and Contractors Bonding and Rmrance Canpany ' a Corporation organized under the laws of the State of ' %4iington and authorized to transact business in the State of ftsouri as Surety, are held and firmly bound unto the ' City of Jefferson, Mssouri hereinafter referred to as"Owner" ' in the penal sum of 0ne Hundred rAghty ' im-aaxi & 7hree Hundred Ten & 50/100 DOLLARS ($ 18D,310.50 - - - - - - - - ), lawful money of the United States of America for the Npayment of which sum, well and truly to be made, we bind ourselves and our heirs, ' executors, administrators, successors, and assigns, jointly and severally by these presents. 1 THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; ' WHEREAS, the above bounded Contractor has on the l(� day ' of Motrc1-\ ,20 ) ,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 ,• and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true Intent and meaning in each case, and If said contractor shall replace all defective parts, material and workmanship for a period of one year after ' acceptance by the Owner, then this obligation shall be and become null and void; otherwise It shall remain in full force and effect. ' PROVIDED FURTHER, that if the said Contractor falls to duly pay for any tabor, 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 falls to pay the prevailing hourly rate ' of wages, as shown in the attached schedule, to any workman engaged in the construction of the Improvements as designated, defined and described In the said ' contract, specifications and conditions thereof, the Surety will pay the deficiency and any penalty provided for by law which the contractor Incurs by reason of an act or ' omisslon, 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 day of MO,cc:tI-N 20 C)(n , 1 Contractors hording and Laurance Company Kauffmn Fntmrises, Ur, SURETY COMPANY CONTRACTOR '�J�//�/�/�/�/ w : c (SEAL) By—/—/,mm • `l [f (SEAL) fill, WASY�1d'm h. Williams (SEAL) BY (SEAL) Attomey-in-fact (State Representative) 1 (Accompany this bond with Attorney-In-fact's authority from the Surety Company certified to Include the date of the bond.) 1• i i 1 1 1 1 1� r i :il�4-^.,'•'}n %�'`'�-� :r�•t�.{:fi'^. Ff: •},.r•'.t 't ••. , :s,�—� . :•�� .'r}•'.t+�::;:: :�' ':•4 i -:?S':t_�:tst=:,: 1�(JSt•}t_!•}i,3':lr•. its ::.�t�fr,7f..sta•.�{•.}��:5::^if.;:;.-�:r.rt.^►r,• !r,.• _ � ::. :;�:k t°.ir?^}:htti rt(lr::'?:!!:!�?t/,r., t_tti:.�. =titrfr itt=/)FI }'''.t:F`,t Yxt :��{r . t;?/:��}�•:�•f lf�nftts=jl�lrr�:t=rj/�'/Brit!?f(f�r;r�•rf}z=:°.�`y:,. �1 ft �tt=N'1'r1'11�itir£Ilrlrllll tilttft(°Ilrlll�lirjtl��ll li tfi Irlllrlll�lkiti 1 1151�t+;I�rl'Il���t j'r Illrll'rSirirl 11 rtilii tti II,Ilrllti tr11F111111r1i��tj7illrl'111'itt`i IIr1111ii �.•,t'`:'�I� ( eft_ REA'DC.4`REFUL' `Y 'ta becu'sed 'o,'nlp-;lvit/t:the>bo rid specifddlh'ete:n, i;fl!1 vi TE CERTIFICA 1, the undersigned secretary orContractors Bonding and Insurance CoInpany, ............. Oil _''•:�;� 1'ff�!'r••t ) I•�:�: '. �('t°.21' tiiiiill 1'1SS111111 1 .ti. 1111111 1 111111111 111111 1 1111 1111 11111111 • •1 .,1 L.t,r,V:•f ttt�,5�,��}}ji.•� V it j�SS1ii' %j� �55':t'tt r5r 5„ tt ,{1111 Ij� St1111111112.1,1 111 114 1111111,11 11 11� rl 1.. t :j�..• , • �� r�r'•� f 1,I J<! . � —':� .� ;,; t S' 11.,�. i, u,r��. p Srr,51r S• r.,,, =.{l.•r,lli. ib 1111111„ i�:T�I') .};:;.:i._ �v f t+._:h {ff-tc}. {G�l �::f_ t?at :{•:fi�••:t r.•:;•�attt�...;� ?{?,tct:fi.}y. 'r�i}}:•::'•ri••.t;y',•l: �•t • :. �� .i t• l''!. Y'• •.��.•t.t�}•�..'y• i •J.�t....,i,.���.�:r t'�'^�%its, •�{.•'•Cr •:X �:}••4.«.:t'}.•{•: .. ..;.j.��ir.•frt•::�:�..:�':: '\�:': t��•.t..:.•rr 1.r.t r:•: ?•' yf ':j' .�f :Y: .�:1:�.�tirff�•x:fr•L�L�fL.r t�:�.•V•:`:vi.•�����• '• AUTHORIZATION TO INSERT DATE OF CONTRACT IN BONDS ' RE: Performance and Payment Bonds Gentlemen: 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 Myrtle Avenue and Stadium Boulevard Sidewalks. 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 Bonding and Insurance Company AND • �oiU (� Aic" c, � Authorized Representative John H. Williams (Attorney-in-Fact) ' Date: February 20, 2006 1 1 10 1 ACORD CERTIFICATE OF LIABILITY INSURANCE 02/20/2006) v 02/20/2006 ' pR000CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Williams a Associates insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 5 South 8th Street, Suite E ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. incy, IL 62301 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA'01110 Ca 511011: Insurance Company Kauffman Enterprises, LLC INSURERS Missouri Employers Mulunl Insurance ' c/o Tom Kauffman IN6URERC PO Box 605 RJSURERO Jefferson City, MO 65102-0605 IIISUREq E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' IN6R POLICY EFFECTIVE PO EXFII ATION -L3JL 1= TYPE OF HINDRANCE PODGY NUMBER LIMITS GENERALWIBILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY BHO 52813281 01/25/2006 01/25/2007 MAGETORENTE Rr,iyIs1Ei aaence S ' CLAIMS MADE [K]OCCUR MED EXPA aee { 5,000 PERSONAL S ADV INJURY S 1,000 000 GENERALAGGREGATE S 2,000,000 BERL AOGREGATE LIMIT APPLIES PER: PROOUCTS•COMPIOPAGG S 2,000,000 ' POLICY X PRO' LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT A X ANYAUTO BAD 52813281 01/25/2006 01/25/2007 (Eeema^'KI i 1,000,000 ALL OWNED AUTOS BODILY INJURY S 6CHEbULEDAUT06 INSURANCE REV I ED Ip«Paumn) X HIRED AUTOS IAV/ BODILY INJURY X NON-OWNED AUTOS (Perec10eR1) i BY: / b PROPERTY { ngtA 1 GARAGE LIABILITY I AUTO ONLY-EA ACCIDENT { ' ANY AUTO OTHER THAN Al ACC i AUTO ONLY. AGO { EXCESSRJ DRELLAUABIUTY EACH OCCURRENCE f 1,000,000 ' A OCCUR E1 CIAIMSMAOE BXO 52013201 01/25/2006 01/25/2007 AGGREGATE ! i DEDUCTIBLE { RETENTION S { ' WORKERS COMPENSATION AND WC BTATU• 0TH• EMPLOYERS'LIABILITY ORILITAIIS B ANY PBOPRIETORNARTNERIEXECUBVE MEM 0217302-01 06/15/2005 06/15/2006 EL.EACHACCIDENT { 500,000 OFFICERIMEMBER EXCLUDED? EL.016[A6E•EA EMPLOYEE 3 500 000 IL val.eetnWe IFge, ' SPECIAL PROVISIONS bal EL.DISEASE•POLICY LIMIT s 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT)SPECIAL PROVISIONS ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ty of JoftOrson DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAUL_DAYS WRITTEN 0 E. McCarty Street NOTICE TO TILE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ' Of Person City, MO 65101 IMPOSE NO OBUGALTION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHOR9ED REPRESENTATIVE�1 ' ACDRD25120D1/DS) 61 0 ACORD CORPORATION 1068 ' IMPORTANT ' If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). ' If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER ' The Certificate of insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it ' affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ' ACORO 25(2001108) '• 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 it 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. Materiels 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 StatutoryBond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall ' be filed as follows: One (1)with the City Clerk of the City of Jefferson One(1)with the Jefferson City Director of Community Development One (1)with the Contractor GP-2 DEFINITIONS ' Wherever any work or expression defined in this article, or pronoun used in Its stead, occurs in these contract documents, it shall have and Is mutually understood to have the meaning herein given: ' 1. "Contract"or"Contract Documents"shall include all of the documents enumerated In the previous article, 2. "Owner","City",or words "Party of the First Part",shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents.Generally this will be the"City of Jefferson". 3. "Contractor"or the words"Party of the Second Part"shall mean the party entering into contract ' for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation,partnership,or individual having a direct contract with the Contractor,for performing work at the job site. • 5. "Engineer"shall mean the authorized representative of the Dlrectorof Community Development, ' (i.e.,the Engineering Division Director). 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. ' B. "Day"or"days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. 9. "The work" shall mean the work to be done and the equipment, supplies and materials to be , furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans"or"drawings"shall mean and Include all drawings which may have been prepared 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 Cityand Engineer. 13. Whenever any statement is made In these Contract Documents containing the expression"it is understood and agreed"or any expression of the like Import,such expression means the mutual understanding and agreement of the Contractor and the City. ' 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. , 1s. "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. 1 '• 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,shell be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. ' GP-5 BOND Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety ' bond In the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and Intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City ' of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used,or by reason of defective or Improper ' workmanship done, in the furnishing of materiels, 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 shell be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. NIf at any time during the continuance of the contract the surety on the Contractor's bond becomes Irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor ' shall furnish to the satisfaction of the City within ten(10)days after notice to do so. In default thereof,the contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. ' GP-6 INSURANCE GP-6.1 GENERAL: ' The Contractor shall secure,pay for and maintain during the life of the Contract,Insurance of such types and amounts as necessary to protect himself, and the City,against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. ' The insuring company shall deliver to the City certificates of all Insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are ' complied with. All certificates of Insurance required herein shell state that ten(10)days written notice will be given to the City before the policy Is canceled or changed. All certifications of insurance shell be delivered to the City ' prior to the time that any operations under this contract are started. All of said Contractor's certificates of Insurance shell be written In an Insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY& PROPERTY DAMAGE LIABILITY INSURANCE ' (1) Bodily Injury Liability Insurance coverage providing limits for bodily Injuries,Including death,of not less than$2,000,000 per person and $300,000 per occurrence. (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one ' occurrence nor less than$2,000,000 aggregate to limit for the policy year. • GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY ' DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least $300,000 per person and$2,000,000 per occurrence for bodily Injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. ' GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with$2,000,000 aggregate limit. ' GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage Insurance ' Issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors In fulfilling this contract. ' The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. ' GP-6.6 EXCLUSIONS The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this ' requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, ' mains, sewers,etc.,caused by the Contractor's operations. (3) The collapse of,or structural Injury to,any building or structure on or adjacent to the City's promises, 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-6.6 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION ' Employer's and Workmen's Compensation Insurance as will protect him against any and all claims • resulting from injuries to and death of workmen engaged in work under this contract,and in addition the ' Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of$300,000 per person. The "All State"endorsement shall be Included. ,• 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-8.8 INSTALLATION FLOATER INSURANCE This Insurance shall Insure and protect the Contractor and the Cityfrom all insurable risks of physical loss or damage to materials and •equipment, not otherwise covered under Builder's Risk Insurance,when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur In the particular work Included in this contract. The coverage shall be for an amount not less than the value of the work at completion,less the value of the material and equipment insured under Builder's Risk Insurance. The value shall Include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise Insured under Builder's Risk Insurance. ' Installation Floater Insurance shall also provide for losses,if any,to be adjusted with and made payable to the Contractor and the City as their interests may appear. ' If the aggregate value of the City-furnished and Contractor-furnished equipment is less than$10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. ' GP-8.10 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 N owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by,arising out of or Incident to larceny,theft,or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected orto be used as a part of the permanent materials,and supplies necessary ' to the work. ' GP-8.11 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 maybe brought against the Clty 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,orthings bythis contract undertaken to be done or performed,orforthe injury,death or damage ' caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or In connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men,or suppliers of machinery and parts thereof,equipment,powertools and supplies ,incurred in the fulfillment of this contract. ' GP-8.12 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 •1 The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written ' consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fall to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and ' terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS&EQUIPMENT ' Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal Items of materials and equipment which he proposes to use In the construction of the project. , The Contractor agrees that he Is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or Indirectly employed by them as he is for the acts and , omissions or persons directly employed by him. Any notices to the Contractor shall be considered as, notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any , subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority , whatsoever to bind the City or Incur any obligation in Its behalf to any subcontractor,material supplier or other person in any manner whatsoever. 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 aff constitute an acceptance of the other contractor's work as fit and proper for the reception of his work,except as to defects which may develop in the other contractor's work ' after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by ' this Contract,the respective rights of the various Interests Involved shall be established by the Engineer, In order to secure the completion of the various portions of the work In general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS ' The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his , operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. ' GP-11 ROYALTIES AND PATENTS • It Is agreed that all royalties for patents or patent claims, Infringement whether such patents are for , processes or devices,that might be involved in the construction or use of the work, shall be Included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such '• and shall be liable for any damages or claims for patent Infringements,and the Contractor shall at his own expense,defend any and all suits or proceedings that may be instituted at any time against the City for ' Infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERAL ' These Specifications and Project Plans are Intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited In the one and not in the other, shall be executed just as if it has been set forth in both,in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Plans which is necessaryto a clear understanding of the work,or should It appear various Instructions are In conflict,ihen 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 differfrom 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. NGP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules ' given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the layout as given by stakes,points,or instructions,which he may discover in the course of the work. The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents,as full Instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such Instructions as if originally specified. ' The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used. ' 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 Contractorfromanyobligationto 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 bythe Contractor at his own expense,and free of all expense to the City,whenever so ordered by the Engineer,without reference to any previous , oversight in observation of work. Any defective material or workmanship maybe rejected by the Engineer at anytime before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and , specifications except on written orderfrom the Engineer,and the Contractorwill be liable foranydeviation except on such written order. , All condemned work shall be promptly taken out and replaced by satisfactory work,and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fall or refuse to comply with instructions in this respect the City may,upon certification 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. It such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. , The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes ' to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes,and ' continuous profile grade in road work, and centerline and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary Information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall ' maintain these lines, grades, and bench marks and use them to lay out the work he Is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 46 hours before , stakes are required. No claims shall be made because of delays if the contractors fall to give such notice. The Contractor shall carefully preserve stakes and benchmarks. If such stakes and benchmark become , damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Anywork done without being properly located and established by base lines,offset stakes,bench marks, ' or other basic reference points checked bythe Construction Representative maybe ordered removed and replaced at the Contractor's expense. • GP-16 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ' The Contractor shall be responsible for the condition of all materials furnished by him, and he shall replace at his own cost and expense any and all such material found to be defective in design or 1 '• 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 detective 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. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor In his absence and all directions ' given to him shall be as binding as If given to the Contractor. 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. NIt is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC ' Whenever any street is closed,the Police Department, Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All ' detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project,wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project,the Contractor shall make every effort to provide access to each ' home every night. This work shall be subsidiary to the construction and no direct payment will be made 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 to 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. 1 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 tines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for ' extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their ' owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be , moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. ' GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully , responsible for the protection of all persons including members of the public,employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work,or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning ' lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work,and shall , make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without , special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work,shall be determined by agreement or arbitration. ' The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. ' GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or ' poor workmanship during the period of one (1)year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS , Neither observation of work by the City or any of their officials, employees, or agents, nor any order by •' the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract,or of any power herein reserved to the City,or any '• right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. ' GP-25 USE OF COMPLETED PORTIONS ' If desired bythe City,portions of the work maybe placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose;but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted and for the guarantee period ' thereafter. ' GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner,without invalidating the Contract,may order additional work to be done in connection with the Contractor may alter or deduct from the work,the Contract sum to be adjusted accordingly. Aiisuchwork 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 N unless In pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. ' If the modification or alteration increases the amount of work to be done,and the added work or any part thereof Is of a type and character which can be properly and fairly classified under one or more unit price Items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for ' as "Extra Work"as hereinafter provided in this Article GP•26, if the modification or alteration decreases the amount of work to be done, such decrease shall not ' constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: ' 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and ' which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used In making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (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 shell 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: It neither Method A or B can be agreed upon before the work is started,then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published bythe Missouri State Hlghwayand ' Transportation Commission. GP-27 SUSPENSION OF WORK , The Owner may at any lime 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 benefit of his creditors, or If a receiver should be appointed on account of his Insolvency, or If he should persistently or repeatedly refuse or should fail,except in cases for which extension of time is provided, ' to supply enough properly skilled workmen or proper materials, or If he should fall to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the Instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the ' Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor five(5)days written notice,terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may deem expedient. ' In such case, no further payment will be made the Contractor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work,including compensation for ' additional managerial and administrative services,such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. • 1 ,• 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 Ownerpaymentfor all work executed and anyloss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES wAll loss or damage arising out of the nature of the work to be done,of from the action of the elements,or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other ' natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne bythe Contraclorat his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK ' No work shall be done between the hours of 6:00 p.m,and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary In case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City, such permission however, may be revoked at any time by the City it the Contractor falls to ' maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather,wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless ' special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise In each case,all materials and equipment furnished for permanent installation in the work shall be new, unused,and undamaged when installed or otherwise Incorporation ' In the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 DEFENSE OF SUITS ' In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts, matters,or things by this contract undertaken to be done or performed,or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER • Any changes or additions to the scope of work shall be through a written order from the Engineer to the ' Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-37 CONTRACT TIME •1 The time for the completion of the work is specified and it is an essential part of the contract. The , Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the ' contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop ' work in less than six (6) hours,the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. ' GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance fortime lost due to causes which he deems justification for extension ' of contract time. If the Contractor claims an extension of contract time on the grounds that he Is unable to work due to causes beyond his control, he shall state his reasons in writing, furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention ' to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed In writing within 30 days after the claimed cause for the delay has ceased to exist. , GP-39 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore Important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety 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 under the contract,and the Contractor , and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time, or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of Its rights under the contract. ' GP-40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT , Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter provided) at the unit price bid for the Items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost ' of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK , If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract,an equitable deduction from the Contract price shall be made therefore. ' (c) LUMP SUM ITEMS • Payment for each lump sum Item shall be at the lump sum bid for the Item,complete In place,and shall ' include the costs of all labor, materials, tools, and equipment to construct the Item as described herein and to the limits shown on the plans. ,• (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 finaf 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. ' (1) 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 N 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. GP42 CERTIFICATIONS ' GP42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portiand 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 anyjob or service,the purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business ' within the corporate limits of the City of Jefferson, when the qualify 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 shelf contain a provision requesting the contractor to use American . products in the performance of the contract. GP-45 AWARD OF CONTRACT-REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all ' subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this ' contract. • The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, , complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson,Missouri to accept same. The bidder to whom an award Is made will be notified at the earliest possible date. The City of Jefferson,however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their Interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the Cityof Jefferson,Missouri, Department of Community Development,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290,RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not Issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT ' Whenever there is a period of excessive unemployment in Missouri, which Is defined as any month Immediately following two consecutive calendar months during which the level of unemployment in the ' State has exceeded five percent (5 0%) as measured by the U.S.Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. ' An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work Involved, If so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted ' state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission, A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. ' GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT ' In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1994 as amended), when In fact the contractor or subcontractor has not complied, to the extent that any liability Is assessed against the City of Jefferson,Missouri,or any additional expenses are Incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability , assessed against It or any additional expenses Incurred. Any contractor who falls to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states,absent statutory exceptions,whenever there is a period of excessive unemployment ' In Missouri,agrees to hold harmless and indemnify the City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses Incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. , END OF GENERAL PROVISIONS '• SPECIAL PROVISIONS ' FORWARD: The provisions of this section take precedence over any other provisions in these specifications. ' SP-1 PARTIAL ACCEPTANCE OF BID The City reserves the right to accept any part or all of the bid for the project. ' SP-2 PRE-CONSTRUCTION CONFERENCE ' Prior to starting work,a pre-construction conference will be held to discuss the project, Its scheduling and Its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner,the Engineer,the Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may ' wish to Invite. The work schedule specified In Section IB•23 of the information for Bidders will be submitted at ' the conference. SP-3 PREVAILING WAGE LAW ' Bidders are hereby advised that compliance with the Prevailing Wage Law, Section 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section IB•20) N Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates should be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects,and that such notice shall remain posted during ' the full time. SP-1 PROOF OF INSURANCE ' All certiticates of Insurance provided for this project shall be insured directly from the company affording coverage. Certification from a local agent In not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. ' In addition,when an aggregate amount is Included, a statement of the amount of that aggregate available to date shall also be attached. SP-5 TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri ' Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as Included in the contract documents. ' All construction details Included with the plans and attached hereto shall be used In constructing this project. ' The City's Technical Specifications for use on this project shall be the"CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER,2000%These specifications can • be found on the City's webslte at www.leficitymo.org and are available upon request from the Department of Community Development. 1 SP 8 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-7 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings,the Contractor shall notify the ' Inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other ' Items that may be inaccessible during construction activities.The contractor shall provide for vehicular access to all adjacent properties at the end of each working day. Pedestrian access shall be maintained at all times. Suitable access shall be provided across ' trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-8 UTILITIES ' The Contractor shall expose all utility crossings to establish location and depths prior to construction.The necessary adjustment of utility services such as water, gas, telephone,electric ' and sanitary sewer, including meters, valves, manholes and other appurtenances not specifically called out on the plans shall be subsidiary to the work. SP-8 ROCK REMOVAL ' No explosives shall be used on this project. Rock shall be removed by mechanical chipping,jack- hammering or other methods approved by the Engineer. SP-10 TRAFFIC CONTROL All streets are to remain open to traffic with the contractor maintaining traffic by use of , channelization,flaggers,or other means acceptable to the engineer and meeting the requirements of the MUTCD.At all times the contractor shall provide the necessary traffic control personnel,such as flagmen, and any signing, warning devices and signs necessary as ' established by the MUTCD to maintain traffic flow.A typical minimum sign requirement has been provided in the traffic control plan, as well as a typical channelization diagram. All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, ' cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. SP_11 CONSTRUCTION STAKING ' The construction staking for this project will be the responsibility of the contractor. SP_ _12 FINISH GRADING AND SEEDING ' All finish grading, seed bed preparation, and seeding shall take place at each location immediately ; following the completion of the sidewalk in that location. SP-13 TOPSOIL IN AREAS TO BE SEEDED OR SODDED The top six(6) inches of all areas of the project to be seeded or sodded shall be free of rocks, ' stones and clods prior to seeding.This may require the contractor to utilize a mechanical rock • rake, hand picking of stones, and/or placement of six(6) Inches of clean topsoil in those areas to , '• be seeded or sodded. No direct payment will be made for this requirement.All areas to be seeded or sodded shall be Inspected prior to seeding and mulching. Any deficiency shall be corrected ' prior to the seed application. SP-14 MODULAR BLOCK WALLS ' The modular block walls shown on the plans shall be considered as layouts only.The contractor shall retain a engineer licensed in the state of Missouri to prepare the final wall designs, or shall provide sealed shop drawings for the modular block wall designs as provided by the ' manufacturer.The contractor shall submit a set of stamped drawings for review and approval prior to the construction of the wall.The blocks used In the wall shall be Versa-Lok Standard Blocks and shall be grey in color, or approved equal.The blocks must be solid, no hollow core ' blocks will be accepted. SP-16 SPRINKLER HEADS The contractor shall move the lawn sprinkler heads that conflict with the proposed sidewalk.They shall be moved to a location adjacent to the sidewalk as directed by the engineer, ' SP-16 PHASING OF THE PROJECT The contractor may not work on Location N1 from station 0+00 to station to 5+75 until after May 28,2006.The contractor may work In any other area until that time, It the contractor completes all ' other work prior to that date,the counting of contract days will be suspended until May 29,2006 at which point the counting of contract days will resume. SP-17 RELOCATE SIGN AT STA.31+66 N ` A new base for this sign shall be constructed according to MODOT standards for breakaway assemblies for ground mounted signs. Once the base Is constructed the existing sign shall be removed from Its present base and reinstalled on the new base.The old base is to be removed to the extent necessary to construct the sidewalk, SP-111 MEASUREMENT AND PAYMENT Item No. 1.01 &2.01 - Construction Signage and Traffic Control ' This Item shall Include all labor, material, equipment,and services necessary to provide the signage shown on the traffic control plan, and all barrels,cones,flaggers, and other apparatus needed to meet the requirements of the MUTCD.The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price, Item No. 1.02&2.02-Construction Staking ' This Item shall Include all.labor,material, equipment, and services necessary to construct the proposed Improvement to the line and grade shown on the plans. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. ' Item No. 1.03&2.03- Removals This Item shall include all labor, material, equipment, and services necessary to remove ' the Improvements on the site as required by the plans. The requirements for these removals Is contained in the Technical Street Specifications TS-1.2 to TS-1.2.4.The work • provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 1.04 &2.04- Linear Grading •, This Item shall Include all labor,material,equipment, and services necessary to grade the site to the elevations shown on the plans.This work consists of but Is not limited to, ' hauling, placement,compaction, subgrade preparation,and finish grading. It shall also Include the necessary placement and grading of topsoil materials in areas that are to be vegetated.The work provided herein will be measured by the linear foot along the centerline of the constructed sidewalk and will not Include driveways, approaches, or , streets that are to remain in place. Payment will be made by the linear foot at the unit price.This item does not include the removal of rock,which is covered under Item 1.05. Item No. 1.05- Rock Excavation This item shall Include all labor, material, equipment, and services necessary for the mechanical removal of rock. Rock Is defined as being sandstone, limestone, chart, granite, sillstone, quartzite,state, shale, occurring in Its natural undisturbed state, hard ' and unweathered or similar material in masses more than 1 1/s yard In volume, in ledges six(6)Inches or more in thickness. The work provided herein will be measured by the cubic yard, and will be paid in a like fashion at the unit price. ' Item No. 1.06- Solid Modular Block Wall This Item shall Include all labor, material, equipment, and services necessary for the final design, and construction of the block wall, and Includes all excavation necessary to Install ' the wall, all fill behind the wall,construction and compaction of the base material,geogrid, blocks, pins and any other material required for its construction,except for the cap blocks. The work provided herein will be measured by the square foot of the wall face in a vertical ' plane. Payment will be made by the square foot of wall face in a vertical plane at the bid price. Item No. 1.07-Solid Block Wall Cap This item shall Include all labor, material, equipment,and services necessary for the placement of the modular cap units.This Item shall also Include the adhesive,The work provided herein will be measured the linear foot of wall with payment being made by the linear foot of wall at the at bid price. , Item No. 1.08&2.05- Sub Grade Stabilization This item shall include all tabor,material,equipment,and services necessary to identify ' and stabilize unsuitable soil encountered within the project limits. In a case where unsuitable material In found,the contractor, under the direction of the engineer shall furnish and place stone (the size of which will be determined by the engineer based on the conditions) as required to provide a stable sub-grade. Where possible, a portion of ' the stone shall be mixed with existing soil to create a stable subgrade.This Item shall also Include the removal of the unsuitable material and its disposal off-site. The work provided herein will be measured by the ton of stone provided based on tickets submitted to the ' City at the time the work is undertaken,with payment being made by the ton at the bid price. Item No. 1.09 &2.06-Type A Curb and Gutter ' This Item shall Include all labor, material, equipment, and services necessary for the construction of standard type A curb and gutter In accordance with the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the t linear foot at the flow line of the gutter. Payment will be made by the linear foot at the bid price. Item No. 1.10-6" PCC Commercial Drive Approach , This item shall Include all labor, material, equipment, and services necessary for the • construction of a commercial drive approach as shown on the Plans and detailed in the i '• City of Jefferson Standard Details and specifications.The work provided herein will be measured by the square yard, and will be paid In a like fashion at the unit price, ' Item No. 1.11 &2.07-4"PCC Sidewalk This item shall Include all labor, material, equipment,and services necessary for the ' construction of 4"thick portland cement concrete sidewalks of varying width as shown on the plans.The work shall Include all sub-grade preparation and compaction,the sawing and placement of all joints,and all required expansion as specified or shown on the plans. The work provided herein will be measured by the square yard of constructed sidewalk, iwith payment by the square yard at the bid price. Item No. 1.12&2.08-6" PCC Sidewalk Ramps i This Item shall Include all labor,material,equipment, and services necessary for the construction of 6"thick portiand cement concrete sidewalk ramps as shown in the City of Jefferson Standard Details and on these plans.The work shall Include all sub-grade preparation and compaction,the sawing and placement of all joints and placement of expansion as specified or shown on the plans.The work provided herein will be measured by the square yard,with payment by the square yard at the bid price. i Item No. 1.13.6"Monolithic Curb This item shall Include all labor, material, equipment,and services necessary for the construction of 6"tall monolithic sidewalk curbs as shown In the City of Jefferson Standard Details.The work shall Include all sub-grade preparation and compaction, and i the sawing and placement of all joints as specified or shown on the plans. The work provided herein will be measured by the linear foot,and will be paid in a like fashion at the unit price. N Item No. 1.14&2.09 -Seeding and Mulching This Item shall include all labor, material, equipment,and services necessary for the fertilizing,seeding and mulching of all disturbed areas not receiving erosion control ' blankets.The seeding shall follow the specifications found in TS-9.3. The contractor, at his option, may submit an alternate seed mix for consideration. The work provided herein will be measured by the acre, and will be paid In a like fashion at the unit price. i Item No. 1.15&2.10- Single Net Straw Blanket This Item shall Include all labor, material,equipment,and services necessary for the Installation of a single net straw blanket. This blanket shell be North American Green ' DS75 or approved equal. It shall be installed according to the manufactures specifications using the blue dot stapling pattern (0.7 staples per square yard)in the locations shown on the plans and as directed by the engineer, This Item shall also Include all fertilizing and i seeding required In the areas it covers. The work provided herein will be measured by the square yard,and will be paid in a like fashion at the unit price. Item No, 1.16-Double Net Straw Blanket i This item shall include all labor, material, equipment, and services necessary for the installation of a double net strew blanket.This blanket shall be North American Green S150 or approved equal. It shall be Installed according to the manufactures specifications i using the red dot stapling pattern(1.15 staples per square yard) In the locations shown on the plans and as directed by the engineer.This Item shall also Include all fertilizing and seeding required in the areas It covers. The work provided herein will be measured by the square yard, and will be paid In a like fashion at the unit price. iItem No. 1,17-Adjust Manhole • This item shall Include all labor, material, equipment, and services necessary for the ' adjustment of the existing manhole. The adjustment shall follow all specifications of TS- 1 14.1.2.and brought to the proposed grade. The work provided herein will be measured •t per each structure adjusted,and will be paid in a like fashion at the bid price. Item No. 1.18&2.11 -Adjust Utility Valves/Meters ' This Item shall include all labor, material, equipment,and services necessary for the adjustment of the existing utility valve boxes and meters.The adjustment shall meet and ' follow the standards set forth by the respective utilities and brought to the proposed grade. The work provided herein will be measured per each structure adjusted,and will be paid In a like fashion at the bid price. Item No. 1.19-Relocate Sign at Sta.31+66 , This item shall Include all labor, material,equipment, and services necessary for the relocation of the sign at station 31+66.The relocation should follow SP-17.The work ' provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No.2.12- Relocate Sprinkler Heads ' This Item shall Include all labor, material,equipment, and services necessary for the adjustment of the existing lawn sprinkler heads, Include all fittings, piping, adjustment, and any other Items or work required for their relocation.The relocation should follow Industry standards and practices.The work provided herein will be measured per each '. sprinkler head relocated, and will be paid in a like fashion at the bid price. 1 1 1 1 Fran:X CM NM DEVE1.OPNW 573 634 6457 02/03/2006 18:35 #213 P.001/011 '• Page 1 o12 ADDENDUM NO.1 ' PROJECT NO.32061 MYRTLE AVENUE AND STADIUM BOULEVARD SIDEWALKS FEBRUARY 3, 2006 ' 1. The bidderwlll acknowledge receipt of this Addendum and his acceptance of Its conditions by signing this Addendum and including it with his bid. ' BIDDER: BY: ' TITLE: ' CITY OF JEFFERSON, MISSOURI PATRICK E,SULLIVAN, P.E. DIRECTOR OF COMMUNITY DEVELOPMENT I I 1• 1 ' Page 2 of 2 1• ADDENDUM N0. 1 PROJECT NO.32081 ' MYRTLE AVENUE AND STADIUM BOULEVARD SIDEWALKS FEBRUARY 3, 2006 1. The Pre-Bid Meeting Notes are, by their enclosure with this document, made part of the contract. ' 2. A section of MODOT type A guardrail has been added to the contract.A site plan and detail have been added to the plans as Sheet Number ADD 1 of 1. The bid ' form has been revised to include payment for this item, and a special provision has been added. These additions will be subsequently enumerated. ' 3. The seeding and mulching,the single net straw blanket,and the double net straw blanket are hereby removed from the contract, except for the double net straw blanket between station 6+75 and 9+00 in Location#1, and 25+25 and 26+30 in ' Location #2. The areas from which these item have been removed shall be hydroseeded. The bid form has been revised to reflect these changes and provisions for the hydroseeding can be found in special provisions below. N4. The plan sheets contain an error. The sheet titles on sheets 12-15 read "PLAN AND CROSS SECTION LOCATION #3". This title should read "PLAN AND ' CROSS SECTION LOCATION #4" 5. REVISED BID FORM A revised bid from has been included with this Addendum. The revised form entitled "ITEMIZED BID FORM REVISED FEB. 3, 2006"shall be for the submission of all bids. A summary of the changes to the bid form follows: ' Item # 1.14 - Removed from bid form Item # 1.15 - Removed from bid form ' Item #2.09 - Removed from bid form Item # 2.10 - Removed from bid form ' Item # 1.16 - Quantity reduced to 276 SY Item # 1.20 - New Item Temporary Mulch 2000 SY Item # 1.21 - New Item, Hydroseeding 0.6 AC ' Item # 1.22 - New item, Guardrail 137.5 LF Item # 2.13- New Item, Hydroseeding 0.2 AC • 1. 1 6. SPECIAL PROVISIONS ,• The Special Provisions are to be amended as follows. SP-12 shall now read as follows: ' SP-12 FINISH GRADING ' All finish grading is to be competed as soon as practical following the Installation of the sidewalk, and must be completed prior to the beginning of construction in another location. SP-18 MEASUREMENT AND PAYMENT Item No. 1.14 & 2.09 - Seeding and Mulching Removed from Contract ' Item No. 1.15 & 2.10 - Single Net Straw Blanket Removed from Contract ' Item No 1.16 - Double Net Straw Blanket This Item shall Include all labor, material, equipment, and services necessary for the installation of a double net straw blanket. This N blanket shall be North American Green S150 or approved equal. It shall be installed according to the manufactures specifications ' using the red dot stapling pattern (1.15 staples per square yard) in Location #1 from station 6+75 to 9+00 and in Location #2 from station 25+25 to 26+30 as shown on the plans and as directed by ' the engineer.This item shall also include all fertilizing and seeding required in the areas it covers. The same type of seed shall be used as is applied to the remainder of the project and the fertilizer ' rate should be the same as well. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. ' Item No. 1.20 - Temporary Mulch This item shall Include all labor, material, equipment, and services ' necessary for the application of temporary mulch as described in SP-19 and for its removal if necessary prior to the application of seed. The work provided herein will be measured by the square ' yard, and will be paid in a like fashion at the unit price. Item No. 1.21 & 2.13 - Hydroseeding ' This item shall include all labor, material, equipment, and services necessary for hydroseeding the site as described in SP-20. The • work provided herein will be measured by the acre, and will be paid ' in a like fashion at the unit price. 1 1 Item No. 1.22 - Guardrail • This Item shall Include all labor, material, equipment, and services necessary for the construction of a MODOT type A Guardrail.The guardrail shall be Installed per MODOT specifications in the location shown on plan sheet ADD 1 of 1. The work provided ' herein will be measure by the linear foot along the rail, including the terminal sections, and will be paid in a like fashion at the unit price. ' SP-19 TEMPORARY MULCH Temporary mulch, which shall consist of wheat or oat straw, and shall be ' applied at a rate so as to provide 80% ground cover. It shall be applied at the request of the engineer,forthe purpose of providing ground protection during periods of Inactivity in an area, for the prevention of soil ' transportation during rainfall events, and for coverage of ground If the project timing does not allow for Immediate seeding. ' SP-20 HYDROSEEDING All disturbed areas of the project not paved or scheduled to be covered with double net straw blanket shall be seeded using the hydroseeding method. The seed mixture shall be 80% Millenium Fescue, 10% Pizzazz Rye, and 10% Brooklawn Blluegrass. The seeding rate shall be 350 N pounds to the acre. The hydroseeding mixture shall contain Second Nature Wood Fiber Blend Mulch at a rate of 2000 pounds per acre. Additionally the mixture shall contain Finn-Hydromax Additive at a rate of 5 gallons per acre, Finn-HPN Soluble Fertilizer (10-44-6) at a rate of 4 gallons per acre, and EarthGuard Fiber Matrix Erosion Control System at ' a rate of 4 gallons per acre. Like materials from other manufactures may be accepted upon review by the project engineer. The contractor shall use all necessary means to ensure that the hydroseeding mixture is not applied to the sidewalk or other existing Improvements, and shall clean any such surface to which the mixture is ' inadvertently applied. 1 1 II ' City of Jefferson John Landvvehr • � _ Mavor Department of Community Development Patrick E.Sullivan,P.E.;Director ' 320 East McCarty Street Phone: (573)634-6410 Jefferson City, Missouri 65101 Fax: (573)634-6562 t ' February 3, 2006 ' Attendees and Plan Holders Myrtle Ave. and Stadium Blvd, Sidewalks Subject: Myrtle Avenue and Stadium Boulevard Sidewalks Project# 32061 ' Pre-Bid Minutes Dear Attendees and Plan Holders, ' A pre-bid conference was held in the small conference room of City Hall on Tuesday, January 31, 2006, for the above noted project. Those attending the meeting are as listed below: ' NAME REPRESENTING NRon Helmig Aplex Inc. Jack L. Jones Jones Potter LLC Don Peneston LePage Enterprises ' Kris Scheperle All Seasons Don Rhea Don Schnieders Exc. Sam Gaines Sam Gaines Construction Tom Kauffman Kauffman Ent. ' Britt Smith City of Jefferson Gary Oldelehr City of Jefferson David Bangs City of Jefferson 1 The meeting proceeded with a general discussion of the planned project and an overview of the ' specifications. This memorandum summarizes the proceedings of that meeting and the questions received at the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the Items that were ' specifically discussed. GENERAL COMMENTS: ' BID OPENING: Tuesday, February 7, 2006 at 1:30 p.m. ' City or „ ef erson ' " COMMUNITY DEVELOPMENT IY 1 "building a better community' FACITY-PROJECTSQ2081 -Myrtle.Stadium.&Loslic Sidowalk\CnrrespondencnlPt"id Notns.00c i 2 ,• CONTRACT TIME: 50 working days LIQUIDATED DAMAGES: $500.00 a day. 1 NOTICE TO PROCEED: The contractor can expect the notice to proceed to be on or near March 15, 2006. No questions will be allowed after 12:00 PM, Thursday, June 2 at 12:00 noon. PLAN REVIEW: Attention was drawn to the following Items. o The sidewalk ramp detail shown on page 3 of the plans, which is to be used when the sidewalk Is immediately behind the curb. 1 . Location #1 o There Is an existing block wall that will be partially removed and rebuilt for the construction of the sidewalk. o In this location as well as the others where the sidewalk abuts an approach with a monolithic curb the curb itself is to be cut off with a vertical cut and the ramp subsequently constructed. ' o The sanitary manhole at station 3+95 will need to be adjusted to meet the proposed grade. o The majority of the signs on the project that interfere with the placement of the sidewalk will should be removed by the contractor and will be reinstalled by the City of Jefferson N Street Department. In the case of the Stop sign at the intersection of Swifts Hwy. the contractor should be prepared to install a sleeve in the new sidewalk to accommodate the replacement of the sign. ' o The contractor shall provide sealed drawings for the proposed retaining walls. o The contractor can expect to chip rock in the area between station 9+00 and 13+00. Test holes were dug and rock was found between 2 and 2.5 feet below the surface. ' • Location#2 o There will be a small amount of monolithic curb to be placed in the area of station 21+00. o The sidewalk will be crossing through two existing driveways. The sidewalk is to be warped to match them. o The sign for hwy 54 located at station 31+66 is to be relocated by the contractor. Location #3 ' o This location was not surveyed and minor adjustments may need to be made In the field at the direction of the engineer. Location #4 ' o Missouri American Water Is planning on extending their watermain as part of this project. The contractor shall coordinate with the water company to provide time for them to• accomplish this work. o This section of sidewalk varies In its distance from the curb. The contractor is to follow 1 the horizontal alignment shown. A vertical alignment was not established given the 1 • i or ... QIII "' 1 OMMLl e p 5 0 r1 IY Y� 'y 1 building a better community" F:TITY•PROJECTS\32081-Myrllo.Stadium.E Uslie Noles.dnc 1 ' 3 sidewalk is to follow the existing ground except in the locations that can be seen on the • cross sections as being areas of cut. o There are several lawn sprinkler heads that will need to be relocated to allow for the placement of the sidewalk. No existing plans were available for their layout. The contractor in encouraged to examine them for himself. ' SPECIFICATIONS AND CONTRACT DOCUMENT REVIEW: a Attention was drawn to the bid form particularly that Locations #1-3 are listed separately from • Location#4. Many of the items are listed under both sections. • Special Provisions o SP-14 — The blocks used on the retaining walls are to be solid blocks, no hollow core blocks will be considered. o SP-16 — The contractor may work on the project as he sees fit, however he may not work on Location#1 from station Q+00— 5+75 before May 29th. o SP-18—This provision contains the measurement and payment section. ' QUESTION(ANSWER: (Received at the pre bid meeting and those received by telephone, etc. prior to 12:00 PM Thursday February 2, 2006) ' QUESTION: Could a contractor submit an alternate bid for hydro seeding with Boll stabilizers in place of the erosion control blanket? ANSWER: The City would be willing to took Into that possibility except for the bottom of the ditch near Trinity Lutheran School. We will give this some thought and have a more specific answer in the addendum. N QUESTION: Is there a plan from temporary mulch if the weather does not allow for the planting of grass? ANSWER: We will look Into addressing that In the addendum. ' QUESTION: Is there any steel reinforcement required in the sidewalk? ANSWER: No, in general there is not and reinforcement in the sidewalk. However, there are several ' areas noted on the plans that require the sidewalk to be pinned to existing structures. QUESTION: What concrete strength are requiring on this job? ANSWER: The concrete strength should be 4000 psi at 28 days. QUESTION: Is curing compound required? ' ANSWER: Yes, as specified In the Technical Specifications. ' ADDENDUM At this time the City is planning to add a section of guardrail to the project (approximately 250 ' feet) along 1512 Swifts Hwy. A plan sheet will be included, Cv =r — • BI °, u e erson " COMMUNITY DEVELOPMENT WN 'building a better community" FACITY•PROJECTS 32001 •Myrllo.Stadium,b LeMit,S idov+alk'.Corr[+spondencd,PU••Bld Nolos.doc ' 4 '• Sincerely, gatnrj. bamiz ' David Bange Design Engineer DB:db 1 1 1 ' SLy 1 .., • ,,, r of erson o ' COMMUNITY DEVELOPMENT 'buhding a better community" F:%CITY•PROJECTS%32081 -Myrtlo,Stadium,6 Loshc Sidowaik%CorrespondencelPre•Sid Notes.doc 1 u v G� 11 i�- ❑ it Itllt Q ri 1�t tt K i7�ir� i 2 t It D t14 Lit a i4 i 4t � G 11 4t i -�-^„fir 4� 4t o ❑ ❑ y4 4` dai t t4t4 441t 9V w7 m �1� 4i4 44" y P li4 a �+ 4 m a II n� ttt I1;tll � WS_ - t , tl It M N ' Ir U�` 00 r rf it rl Q o i it t rl rr r 1'1 irf VI !/ !7 5 i1t11 /! � tl rn fr !rl FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2259 -Myrtle Avenue and Stadium Blvd. Sidewalks Project 32081 Community Development, Engineering, Opened February 7, 2006 BIDS RECEIVED: Professional Contractors&Engineers, Inc., Columbia, MO $ 105,919.00 Kauffman Enterprises,Jefferson City,MO $ 180,310.50 Don Schnieders Excavating,Jefferson City, MO $ 184,951,85 Concrete Engineering, LLC,Jefferson City, MO $ 192.016.25 Kevin Rackers Excavating,New Bloomfield, MO $ 209,676.20 *J C Industries, Jefferson City,MO $ 224,679,55 Sam Gaines Construction, Inc.,New Bloomfield, MO $ 226,018.24 Lehman Construction, LLC, California,MO $ 295,362.80 *Not located within the Jefferson City corporate city limits. Nine additional firms requested plans and specifications. FISCAL NOTE: 3502-9900-7350-4106 Misc.Neighborhood Sidewalk 2005-2006 Budget $307,021.00 Expended -0- Encumbered -0- Bid No. 2259 $ 180,310.50 Balance $ 126,710.50 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$180,310.50. ATTACHMENTS - SUPPORTING DOCUMENTATION Tabulation of Bids,Departmental Recommendation • Signatu L ' fdL- PurchainA.4en-t Dir et +nity Development • I 1 1 e erson RSA 11 • 1 1 COMMUNITY DCVELOPMENT PC: Memorandum P.1NCR C.pYLL1V.N OinRCTOP 320 East McCarty Street Jefferson City, Missouri 65101 Phone: (S73) 634-6410 Fax (573) 634-6562 • www.jeffcitymo.org Date: February 10,2006 To: Terry Stephenson - Purchasing Agent, Finance From: Gene A.Williams, P.E.—Division Director of Engineerin Subject: Myrtle Avenue and Stadium Boulevard Sidewalks Project No. 32081, Bid No. 2259 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 eight (8)bids that were received for the project. The bid from Professional Contractors and Engineers, Inc. was an Incomplete bid. Their bid was • rejected since it was missing several line Items and also did not Include acknowledgement of ,Addendum Number 1. Based on our review, we recommend acceptance of the base bid from the second lowest bidder, Kauffman Enterprises LLC, P.O. Box 605, Jefferson City, MO 65102. The bid total Is $180,310.50. The project will be expensed as follows: Kauffman Enterprises Contract($180.340.50): Account Number: Amount Available: Required: Remaining: 3502-9900-7350-4106 $307,021.00 $180,310.50 $126,710,50 Total $180,310.50 The Target Corporation has executed a Development Agreement with the City of Jefferson to pay for a portion of this project(Project 4 on the bid tabulation). Target's portion would be $48,365.00. A supplemental appropriation should probably be made to account for this portion of the project. If you need any other Information please feel free to contact me at extension 547. 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