HomeMy Public PortalAboutORD14028 BILL NO. 2005-165
SPONSORED BY COUNCILMAN Martin
ORDINANCE NO. I w� y
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEYER ELECTRIC
COMPANY, INC.FORTHE DOWNTOWN AREA STREET LIGHTING IMPROVEMENTS,
PHASE II.
WHEREAS, Meyer Electric Company, Inc. has become the apparent lowest and best
bidder on the Downtown Area Street Lighting Improvements, Phase II
Project;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Meyer Electric Company, Inc. is declared to be the lowest and
best bid and Is hereby accepted.
• Section 2.The Mayorand City Clerk are hereby authorized to execute an agreement
with Meyer Electric Company, Inc. for the Downtown Area Street Lighting Improvements,
Phase II.
Section 3. The agreement shall be substantially the same In form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of Its passage and approval.
Passed: 'Aa IO Approved-
re Idling Officer Mayor
ATT ST: APP OVED TO FORM:
City CI rk City Counselor
•
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SPECIFICATIONS AND •NTRACT DOCUMENTS
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1
' L ONS AND CONTRACT DOCUMENTS
PROJECT N0. 32060
ng Improvements in the Downtown
Area—Phase 11
4
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•16996
Jefferson City Department of Community Development
' February 20, 2008
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,• TABLE OF CONTENTS
' Advertisement for Bids
' • Notice to Bidders
' • Information for Bidders
• Bid Form•
1 • Bid Bond "
• Anti-Collusion Statement '
• Contractor's Affidavit •
' Minority Business Enterprise Statement
' Minority Business Utilization Agreement"
• Affidavit of Compliance with Prevailing Wage Law
• Prevailing Wage Determination
' Affidavit of Compliance Public Works Contracts Law
' Excessive Unemployment Exception Certification
• Construction Contract
• Performance, Payment, and Guarantee Bond
' 0 General Provisions
• Special Provisions
' a Technical Specifications dated February 24, 2005 by Thomas G. Swenson, P.E.
' 0 Addendums (If Any )
INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID)
1•
1
'• ADVERTISEMENT FOR BIDS
Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street,
Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, March 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. 32050, Street Lighting Improvements in
the Downtown Area-Phase 11" will include the furnishing of all material, labor, and equipment
to complete phase two of the project, including the installation of new lighting, poles,wiring,and
foundations as described in the plans and specifications for the project, and overhead line and
pole removal at various locations within the project limits.
A pre-bid conference will be hold at 10:00 AM, on February 28, 2006 in the Small Conference
Room of City Hall,320 E, McCarty Street,Jefferson City, MO 65101. All prospective bidders
are urged to attend.
' Copies of the contract documents required for bidding purposes may be obtained from the
' Director of Community Development, 320 East McCarty Street,Jefferson City, Missouri. A
non-refundable deposit of Twenty Dollars($20.00) will be required for each set of plans and
specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00)
Nper 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
' Tery Si! a WVJO&
' Purchasing Agent.
' Publication Dates Sunday, February 19, 2006
'• NOTICE TO BIDDERS
' Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty
Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, March 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. 32080, Street Lighting
Improvements In the Downtown Area — Phase Il" will include the furnishing of all
material, labor, and equipment to complete phase two of the project, including the
installation of new lighting, poles,wiring, and foundations as described in the plans and
specifications for the project.
' 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.
' A pre-bid conference will be held at 10:00 AM, on February 28, 2006 in the Small
Conference Room of City Hail, 320 E,McCarty Street, Jefferson City,MO 85101.All
prospective bidders are urged to attend.
NCopies of the contract documents required for bidding purposes may be obtained from
the Director of Community Development, 320 East McCarty Street, Jefferson City,
' Missouri. A non-refundable deposit of Twenty Dollars($20.00)will be required for
each set of plans and specifications. Individual full size sheets of the plans may be
obtained for Three Dollars ($3.00) per sheet.
A certified check on a solvent bank or a bid bond by a satisfactory surety In an amount
equal to five(5)percent of the total amount of the bid must accompany each proposal.
A one-year Performance and Guarantee Bond Is required.
' The owner reserves the right to reject any or all bids and to waive informalities therein
to determine which is the lowest and best bid and to approve the bond.
' CiTY OF JEFFERSON, MISSOURI
Patrick E. Sullivan, PE
Director of Community Development
'• 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. 32050, Street Lighting Improvements in the Downtown Area" 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,
' services, and equipment to complete phase two of &a downtown street lighting
improvements,Including the removal of existing poke,and subsequentlnWllation of now
lighting, pot", foundations, controllers, and other Items described In the plans and
specifications for the project.
I8-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK
' The bidder is required to examine carefully the site of the proposed work, the bid, plans,
specifications, supplemental specifications, special provisions, and contract documents before
submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish
' all materials and labor necessary to carry out the provisions of the contract.
IS-3 INTERPRETATION OF CONTRACT DOCUMENTS
NIf 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.
IS-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 fumish to the City all such
Information and data for this purpose as the City may request. The City reserves the right to
reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to
' satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract
and to complete the work contemplated therein.
IB-5 EQUIVALENT MATERIAL
Wherever definite reference is made in these Specifications to the use of any particular material
or equipment, it is to be understood that any equivalent material or equipment may be used
which will perform adequately the duties imposed by the general design,subject to the approval
• of the City,
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113-8 SID 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.
' I13-7 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 Hems mentioned therein. Any conditions, limitations or provisions
attached to bids will render them Informal and may be considered cause for their rejection.
Extensions of quantities and unit prices shall be carried out to the penny.
IB-0 PRICES
The price submitted for each item of the work shall include all costs of whatever nature involved
N In its construction, complete In place, as described in the Plans and Specifications.
Section 144.082 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 5500
' 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.
' I0-8 APPROXIMATE gMTITIES
In cases where any part or all of the bidding is to be received on a unit price basis,the quantities
' stated in the bid will not be used in establishing final payment due the successful Contractor.
The quantities stated on which unit prices are so Invited are approximate only and each bidder
shall make his own estimate from the plans of the quantities required on each Item and calculate
his unit price bid for each Item accordingly. Bids will be compared on the basis of number of
' units stated in the bid. Such estimated quantities, while made from the best information
available, are approximate only. Payment of the Contract will be based on actual number of
units installed on the complete work.
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'• IS-10 LUMP SUM ITEMS
Payment for each lump sum item shall be at the lump sum bid for the item, complete in place,
and shall Include the costs of all labor, materials,tools and equipment to construct the Item as
described herein and to the limits shown on the Plans.
' I8-11 SUBMISSION OF BIDS
The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and
marked"Project No. 32050, Street Lighting Improvements in the Downtown Ana—Phase
IB-12 ALTERNATE BIDS
In making the award, if alternate bids have been requested,the alternate bid which will be in the
' best interest of the City will be used.
I13-13 WITHDRAWAL OF BIDS
' If a bidderwishes 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,
NI13-14 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 (n 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.
IS-16 PERFORMANCE AND PAYMENT BOND
' A Performance and Payment Bond in an amount equivalent to one hundred percent(100%) of
the Contract price, must be furnished and executed by the successful bidder or bidders. A form
' for the bidders use is contained in these Contract Documents.
The Issuing Surety shall be a corporate Surety Company or companies of recognized standing
licensed to do business in the State of Missouri and acceptable to the City of Jefferson.
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' 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.
113-16 BID SECURITY RETURNED TO SUCCESSFUL BIDDER
Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the
bidder unless the some shall have been presented for collection prior to such time,in which case
the amount of the deposit will be refunded by the City.
IB-19 NONDISCRIMINATION IN EMPLOYMENT
Contracts for work under this bid will obligate the Contractor and subcontractors not to
discriminate in employment practices.
I8-20 PREVAILING WAGE LAW
The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly
N 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
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1• repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or
order the work to be done by a third party, the costs of the work to be paid by the Contractor.
In the event of an emergency where,In the judgment of the City delays would cause serious loss
or damage, repairs or adjustments may be made by the City or a third party chosen by the City
' willmd giving notice to the Contractor,and the cost of the work shall be paid by the Contractor or
by his surety under the terms of the Bond.
IS-22 NOTICE TO PROCEED
A written notice to begin construction work will be given to the Contractor by the City of Jefferson
within ten(10)days after the Contract is approved by the City Council. The time for completion
of the project shall begin to run on the date established in this notice.
IB-23 WORK SCHEDULE
' To Insure that the work will proceed continuously through the succeeding operations to Its
completion with the least possible Interference to traffic and Inconvenience to the public, the
' Contractor shall, at the request of the City, submit for approval a complete schedule of his
proposed construction procedure,stating the sequence in which various operations of work are
to be performed.
' IS-24 CONTRACT TIME
The contract time shall be 105 working days.
IB-25 LI9ti4DATED DAMAGES
' Liquidated damages shall be assessed at the rate of Five Hundred Dollar (!;500.00) per
calendar day until the work is complete, should the project not be completed within the contract
time.
' IS-26 POWER OF ATTORNEY
Attorneys-in•fact who sign bid bonds or contract bonds must fib with each bond a certified and
effectively dated copy of their power of attorney.
IS-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 anotherenvelops
addressed as follows:
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' BID FORM
' Name of
Bidder Meyer Electric Commnv Inc
' Address of Bidder 3513 N. Ten Mile Drive, P.O. Box 1013, Jefferson City, MO 65102
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
N handling and rehandling of excavated materials; (f) the location and extent of
necessary or probable dewatering requirements; (g)the difficulties and hazards to the
work which might be caused by storm and flood water; (h) local conditions relative to
' labor, transportation, hauling, and rail delivery facilities; and (I) all other factors and
conditions affecting or which may be affected by the work.
' HEREBY PROPOSED to furnish all required materials, supplies,equipment,tools,and
plant; to perform all necessary labor and supervision; and to construct, Install, erect,
and complete all work stipulated, required by, and in accordance with the proposed
' contract documents and the drawings, specifications, and other documents referred to
therein (as altered, amended, or modified by addenda) In the manner and time
prescribed and that he will accept in full payment sums determined by applying to the
' quantities of the following items, the following unit prices andlor 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:
1•
' Page 1 of 2
1• CITY OF JEFFERSON
ITEMIZED BID FORM
' STREET LIGHTING IMPROVEMENTS IN THE DOWNTOWN AREA-PHASE It
PROJECT NO. 32050
' ITEM APPROX, UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
' 1.01 Rectllnear Luminaire (250W HPS) EA 67 620.00 41,540.00
1.02 Flood Light(250W HPS) EA 6 510.00 3.060.00
' 1.03 Security Light(150W HPS) EA 12 434.00 5,208.00
1.04 30' Sq, Straight Alum Pole(Anodized Bronze) EA 57 1,450.00 82,650.00
' 1.05 30' Sq. Straight Alum Pole(Brushed Alum.) EA 0 1,230.00 11,070.00
1.06 Wood Pole EA 12 1,128.00 13,536.00
' 1.07 4"PCC Sidewalk Removal and Replacement SY 250 6R-o 17.Ono.oO
' 1.08 Concrete Foundation (6) EA 64 1,230.00 78,720.00
1.09 Concrete Foundation(8 1f2'Raised Base) EA 2 1.380.00 _ 2.760.00
11 Control Center(Single Meter) EA 1 6,200.00 6,200.00
N1.11 Ground Rod EA 78 46.00 3.588.00
' 1.12 Pull Box EA 23 2,360.00 54,280.00
1.13 Service Cable (#0 AWG USE) LF 300 3.80 1,140.00
1__ 1.14-Distribution-Cable(#4 AWG USE)-- LF--8;000 1.58 12-640.00 _
1.15 Distribution Cable(#6 AWG USE) LF 4,800 1.30 6,240.00
' 1.16 Distribution Cable(#8 AWG USE) LF 13,800 1.20 16.560.00
1.17 Ground Wire (#6 AWG Bare Copper) LF 13,800 1.00 13,800.00
' 1.18 Conduit(1"PVC) LF 265 4.95 1.311.75
1.19 Conduit (2" PVC) LF 13,800 5.20 71,760.00
' 1.2 Conduit (4" PVC) LF 250 7.20 1,800.00
1.21 Trenching in Street LF 12,800 19.50 249,600.00
' 1.22 Trenching in Earth LF 1,000 12.00 12,000.00
1.23 Removals EA 90 500.00 45.000.00
1.24 Traffic Control LS 1 18,000.00 18,000.00
• 1.25 Spare Rectllnear Luminaire(250W HPS) EA 3 437.00 1.311.00
I
I
' Page 2 of 2
' ITEM APPROX. UNIT
• NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1.28 Remove and Replace Type A Curb& Gutter LF 50 50.00 2.500.00
1.27 Remove and Replace Driveway Sections BY 200 68.00 13,600.00
TOTAL BASE BID 7gAy R74_75
03/07/06
Signature of Bidder Leo J. Keller, Vice President Date
1
1
1
' SUBCONTRACTORS
• If the Bidder intends to use any subcontractors in the course of the construction, he
shall list them;
' N/A
' TIME OF COMPLETION
The undersigned hereby agrees to complete the project within 106 working days,
subject to the stipulations of the regulations of the Contract and the Special Provisions.
It is understood and agreed that if this bid is accepted, the prices quoted above include
all applicable state taxes and that said taxes shall be paid by the Contractor.
The undersigned, as Bidder, hereby declares that the only persons or firms Interested
in the bid as principal or principals is or are named herein and that no other persons or
' firms than herein mentioned have any interest In this bid or in the Contract to be
entered Into; and this bid is made without connection with any other person, company, -
or parties making a bid; and that it is in all respects fair and in good faith, without
collusion or fraud.
The undersigned agrees that the accompanying bid deposit shall become the property
' of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called
for in the specifications within the time provided.
' If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the
undersigned within sixty (60) days after the date of opening of bids, or any time
' thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after
the date of such mailing, telegraphing, or delivering of such notice, execute and deliver
a Contract in the form of Contract attached.
The undersigned hereby designates as his office to which such notice of acceptance
may be mailed, telegraphed, or delivered;
'1513 Nnrth Ton Milo nrivo P_(1_ 13nx 1011 .laffarsnn rif}r MO fi5102
It is understood and agreed that this bid may be withdrawn at any time prior to the
scheduled time for the opening of bids or any authorized postponement thereof.
' Attached hereto is a Bid Bond for the sum of Five Percent
($ q% )
,• Dollars (cashier's check), make payable to the City of Jefferson.
'• Signature of Bidder:
' If an Individual, doing business
as
' If a partnership, member of firm.
by
If corporation,
by
lk?on J. K Pier
Title Vice President
1
' SEAL
NBusiness Address of Bidder 3513 N. Ten Mile Drive, P.O. Box 1013
Jefferson City, MO 65102
If Bidder is a corporation, supply the following information:
State in which Incorporated_ Mi RROUri
Name and Address of its:
President Paul H. Meyer
' P.O. Box 1013, Jefferson City, MO 65102
Secretary Joseph E. Hayden
P.O. Box 1013, Jefferson City, MO 65102
' Date Merrh 7. 2006
1•
' IDS BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the
undersigned MEYER ELECTR7C CO. INC. as Principal,
Travelers asua ty ure y ompany
andg ram- as Surely,areherebyheld andfimhty bound
unto -the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum
' ofFiye Percent (sz) of Bid Price forthepaymentofwhich,wellandtruly
to be made,we hemby)otnny and severally bind ourselves,our helm,executors,administrators,
successors and assigns,this 7th day of, March 200 6
The condition of the above obligation Is such thatwhereasihe Principal has su lw ttedto
the CITY OF JEFFERSON,MISSOURI a certain Bid,attached hereto and hereby made a part
' hereof to enter Into a contract in writing,for the project entitled:
"Project No.320500 Strad Ughting lmprovanents in the Downtown Area—Phase n"
' NOW,THEREFORE,
(a) if said Bid shall be rejected, or in the anemate,
' (b) If said Bid shall be accepted and the Principal shall execute and deliver a
contract-in ft Form of Contract attached hereto (property completed In
accordance with said Bid)and span famish a bond for his falthfui performance of
said contract,and for the payment of an persons performing labor or famishing
materials in connection therewith, shall In all other respects perform the
agreement created by the acceptance of said Bid,
,. then this obiigetion'sbati be void,oil wise the same shall remain In force and effect;It being
expressly understood and agreed that the RaWW of the Surety for any moan claims hereunder
shall,In no evert,exceed the penal amount of this obligation as herein stated. -
iThe 8ufbty;f6fvWueriemiva , e tipuirilb�Shtlagreasiti8t the obligations of said '
Surety and Its bond shall be In no way impaired or effected by the extension of the time within
' which ft Owner may accept such Bid;and said Surety does hereby waive notice of any such
extension.
IN WITNESS WHEREOF,the Principal and the Surety have hereunto setlh*hwKb and
seals, and such of them as are corporations have caused their corporate seats to be hereto
Mixed and these presents to be signed by their proper oftioers,the day and year first set forth
above.
Mey ectric Co. , Inc.
' SEAL Y i ant
Travelers Casualty . Surat Company of America
Surety i
• Thomas S. Naught (Attorney-in-Fact)
' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
' Hartford,Connecticut 06183.9062
• POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
1
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
'AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hanford,
County of Hartford, Slate of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Dorothy M. Baker, Harry D. Naught, Thomas S. Naught, Cheryl Schaller, of Jefferson .
'City, Missouri, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge,at any place within the United States,the following instrument(s): by his/her sole signature and act,any and all bonds,
reeognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking
and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed
by the duly authorized officers of the Companies,and all time acts of said Attomey(s)-in-Fact,pursuant to the authority herein given,are
hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now
in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President.any Senior Via President,any Via President,any
' Second Via President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Anomeys4s-Fact and
Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds,mcognizances,contracts of indemnity,and other writings obligatory in the nature
' of a bond,recognizance,or conditional undertaking,and any of said ofEars or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
VOTED: That the Chairman,the President,any Via Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
egate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in
W�
Wg and a copy thereof is riled in the office of the Secretary.
C That any bond recognizance,contract of indemnity,or writing obligatory In the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Via
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under",if required)by
one or more Attorneys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority Is signed and sealed by facsimile(mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
' COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY,which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Via
' President, any Assistant Via President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
' certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it Is attached.
' (U-00Standard)
1
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
' CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this Instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of May,2004.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
)SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
•
3 tuarroso, of t' "36 O By '
s 3O8 ''fit ee,ef. George W.Thompson
1 •. '�� r+AE �`' • "'`� Senior Vice President
' On this 7th day of May,2004 before me personally came GEORGE W. THOMPSON to me known,who,being by me duly swam,
did depose and say: that he/she is Senior Via President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seats
affixed to the said instrument are such corporate seals;and that he/she executed the said instrument an behalf of the corporations by
' authority of his/her office tinder the Standing Resolutions thereof.
My commission expires June 30,2006 Notary Public
NMade C.Tatreauh
' CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
' TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full fora and has not been revoked;and furthermore,that the Standing Resolutions of the Boards of Directors,as set forth
in the Certificate of Authority,arc now in farce.
Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 7 th day of
March .2006.
By
.. �� J,�rY Awp• °MU,4
G°" J• s;OES ''s�� •p,ot�.t Korl M.Johanson
�,,.�, •. "�` • " Asslatant Secretary, Bond
1
'• ANTI-COLLUSION STATEMENT
1 STATE OF Missouri )
' COUNTY OF r„ip )
TA n, .T. KPl 1 Pr being first
' duly sworn, deposes and says that he is Virg prPRiAPnt of
TITLE OF PERSON SIGNING
Meyer Electric Company, Inc.
NAME OF BIDDER
that all statements made and facts set out in the bid for the above project are true and
correct; and that the bidder(the person, firm, association, or corporation making said
bid) has not, either directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free competitive bidding in
connection with such bid of any contract which result from Its acceptance.
N Affiant further certifies that bidder is not financially Interested in, or financially affiliated
with, any other bidder for the above project. Q
(BY) -:2 L",
' isx,n-J. Pr.
(BY)
Sworn to before me this U day of Marnh 200 o6
1
' NOTARY PUBLIC
Lillian L. Boehmer
My commission expires: April 12, 2008
'• LWAN L.ROEHMER
Nolory Pubkc•NOWV 111"
Skft of MW WW
cola co"
' MV comml4lon ExpinN App 12.2001
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 miarrnri )
) ss
COUNTY OF Cole )
1
The undersigned, Leon j, Keller
of lawful age, being first duly sworn states upon oath that he is
' vice President of
Meyer Electric Company, Inc.
N 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
fumish material or actually perform services upon ores apart of the pro sed project.
Leon ,7. Keller, vice Pres.AFFIANT
Subscribed and sworn to before me, a Notary Public, in and for the County and State
' aforesaid, this 7th day of March —, 20 05
n
Lillian L. Hoelmer.NOTARY PUBLIC
1
My Commission Expires: April 12, 200B
• LILM L.BOEHIAER
' Notary Publk•Nololy Seal
stale ofMwoud
Cote county
E Commlalon Expk"App 12,2005
1
1
r• MINORITY BUSINESS ENTERPRISE STATEMENT
' Contractors bidding on City contracts shall take the following affirmative steps to
assure that small,women owned, and minority business are utilized when possible as
sources of suppliers, services, and construction items.
' 1. Contractor's will submit the names and other information if any, about their MBE
sub-contractors along with their bid submissions.
r2. Sufficient and reasonable efforts will be made to use qualified MBE sub-
contractors when possible on City contracts.
r3. Qualified small, women owned, and minority business will be included on
solicitation lists as sub-contractors for City supplies, services, and construction.
r4. 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
N 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
rfrom the Department of Public Works.
r
1
r
r
MINORITY BUSINESS UTILIZATION AGREEMENT
1 A. The bidder agrees to attempt to expend at least two (2) % of the contract, if
' awarded, for Minority Business Enterprise(MBE). For purposes of this goal,the
term "Minority Business Enterprise" shall mean a business:
' 1. Which is at least 51 percent owned by one or more minorities or women,
or, in the case of a publicly owned business, at least 51 percent of the
stock of which is owned by one or more minorities or women; and
2. Whose management and daily business operations are controlled by one
or more such individuals.
' "Minority Group Member"or"Minority"means a person who is a citizen or lawful
permanent resident of the United States, and who is:
1. Black(a person having origins in any of the black racial groups of Africa);
2. Hispanic (a person of Spanish or Portuguese culture with origins in
Mexico, South or Central America, or the Caribbean Island, regardless of
race);
N3. Asian American (a person having origins in any of the original peoples of
the Far East, Southeast Asia, the Indian sub-continent, or the Pacific
Islands);
"—American-Indians-and Alaskan-Native-(a.person-having-origins.in.any_of
the original peoples of North America);
' 5. Member of other groups, or other individuals, found to be economically
and socially disadvantaged by the Small Business Administration under
Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
6. A female person who requests to be considered as an MBE, and who
"owns" and "controls" a business as defined herein.
' Minority Business Enterprises may be employed as contractors, subcontractors,
or suppliers.
1
1
,• B, The bidder must indicate the Minority Business Enterprise(s) proposed for
utilization as part of this contract as follows:
' Name and Addresses Nature of Dollar Value of
of Minority Firms Participation Participation
Centrex Mcicke.alb $21,000.00
Finley Supply MC6e_fZii:LM $21,000.00
Total Bid Amount: $786,874.75 Total: $42,000.00
Percentage of Minority Enterprise Participation: 5.33 %
' C. The bidder agrees to certify that the minority firm(s) engaged to provide
materials or services in the completion of this project: (a) is a bona fide Minority
Business Enterprise; and(b) has executed a binding contract to provide specific
' materials or services for a specific dollar amount.
A roster of bona fide Minority Business Enterprise firms will be 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_Enter prise(s) has executed a binding_
V 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.
Leon J. Keller, Vice President
NAME OF AUTUQRIZED OFFICER
' DATE March 7, 2006
SIGNA RE OF AUTHOR ED OFFICER
1
'• AFFIDAVIT
COMPLIANCE WITH PREVAILING
' WAGE LAW
' Before me, the undersigned Notary Public, In and for the County of
State of personally came and appeared
' NAME POSITION
of the
NAME OF COMPANY
(A corporation) ( a partnership) (a proprietorship) and after being duly sworn did
depose and say that all provisions and requirements set out in Chapter 290, Section
290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the
payment of wages to workmen employed on public works projects have been fully
' satisfied and there has been no exception to the full and complete compliance with said ,
provisions and requirements and with Annual Wage Order No. 12, Section 026,
Cols County in carrying out the contract and work in connection with Project No.
N 32050, Street Lighting Improvements in the Downtown Area—Phase II located at
Jefferson City in Cole County, Missouri, and completed on the day of
' , 20_
' SIGNATURE
' Subscribed and sworn to me this day of , 20_,
NOTARY PUBLIC
' My commission expires:
1
STATE OF MISSOURI )
' ) ss
• COUNTY OF )
1
1
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
' E
h
O
e;::: 71
w ,
O
�ti� � ttin
MATT BLUNT, Governor
Annual Wage Order No. 12
NSection 026
COLE COUNTY
' In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
' be affected by this Annual Wage Order may object by Sling 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
Stale 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.VW
Last Date Objections May Be Filed: April 8,2005
'• Prepared by Missouri Department of Labor and Industrial Relations
1
1
Building Construction Rates for REPLACEMENT PAGE Section 026 '
COLE County •
**Effective Basic Over-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ,
Increase Rates Schedule Schedule
Asbestos Worker 10/05 $26.44 55 60 $12.76
Boilermaker 9105 $28.19 57 7 $17.42 '
Bricklayers-Stone Mason $25.16 59 7 $8.86
Carpenter 3105 $20.48 60 15 $8.91
Cement Meson $18.91 8 3 $10.10
Electrician Inside Wreman $25.84 28 7 $10.03+ 13% '
Communication Technician I USE ELECTRICIAN INSIDE WIREMAN RATE
Elevator Constructor 1/08 a $35.815 26 54 $14.554
Operaill n g En sneer
Group 1 5105 $24.07 86 88 $14.53 '
Group II 5105 $24.07 86 88 $14.53
Group III 5105 $22.82 86 66 $14.53
Group III-A 5105 $24.07 86 86 $14.53 '
Group IV 5/05 $24.77 86 86 $14.53
Group V 5105 $26.07 86 86 $14.53
Pipe Fitter 7105 b 1 $30.50 91 69 $17.18
Glazier $13.00 FED $1.84 ,
Laborer(Building):
General $17.22 110 7 $8.08
First Semi-Skilled $19.221 110 1 7 $8.08
Second Seml-Skilled $18.221 110 1 7 58.08 '
Lather USE CARPENTER RATE
Linoleum Layer&Cutter USE CARPENTER RATE
Marble Mason $25.16 59 7 $8.86
Millwright 3105 1 $21.48 60 15 $8.91
Iron Worker 8105 $22.85 11 8 $14.84
Painter 2108 $20.05 18 7 $6.92
Plasterer $17.97 94 5 $9.85 '
Plumber $21.50 FED $3.27
Pile Driver 3105 $21.48 60 15 $8.91
Rooter 9105 $24.75 12 4 $8.99
Sheet Metal Worker 7105 $24.16 40 23 $10.54 '
Sprinkler Filter $15.25 FED $2.38
Terrazzo Worker $25.16 59 7 $8.86
Tile Setter $25.16 59 7 $8.88
Truck Driver-Teamster '
Group 1 $20.10 101 5 $6.75
Group II $20.80 101 5 $6.75
Group 111 $20.50 101 5 $6.75 ,
Grou IV $20.80 101 5 $8.75
Traffic Control Service Driver
Welders-A lens&Electric
Fringe Benefit Percentage Is of the Basic Hourly Rate ,
Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division '
of Labor Standards at(573)751-3403.
"Annual Incremental Increase '
•SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO,12 1100 •'
1
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1
1 Building Construction Rates for REPLACEMENT PAGE Section 028
• COLE County Footnotes
1 OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Re tea Schedule Schedule
1
i
1
1 •Welders receive rate prescribed for the occupational this performing operation to which welding Is Incidental.
Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction
rates for remainder of project. For the occupational tilles not listed In Heavy Construction Sheets,use Rates shown
1 on Building Construction Rate Sheet
a-Vacation: Employees over 5 years-8%: Employees under 5 years.6%
•b- AN work over 93.5 Million Total Mechanical Contract.$30,50,Fringes-$17.18
1 As work under$3.5 Million Total Mechanical Contract.$29.16,Fringes-$13.08
N
1
1
1
1
I• *Annual Incremental Increase ANNUAL WAGE ORDER NO.12 7105
1
1
COLE COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION ,
FED: Minimum requirement per Fair Labor Standards Act means time and one-half(I %a)shall be paid for all work in excess orforty -
(40)hours per work week. '
NO.9: Means the regular workday starting time of 8:00 am.(and resulting quitting time of 4:30 p.m.)may he moved forward to 6:00
am.or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one
and one-half(I'/a)times the regular pay. In the event lime is lost during the work week due to weather conditions, the Employer may '
schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at
double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays.
NO. 11: Means eight (8) hours shall constitute a day's work,with the starting time to be established between 7:00 am.and 8:00 am. '
from Monday to Friday. Time and one-half(1'/a)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 oT the days observed In lieu of these holidays.
NO. 12: Means the work week shall commence on Monday at 12:01 am.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(I%a)times the regular hourly wage scale. All work performed within the regular working hours which shall consist ,
of a ten(10)hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(I h)
times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2)times the regular hourly rate.
NO.18: Means the regular work day shall be eight(8)hours. Working hours are from six(6)hours before Noon(12:00)to six(6)hours ,
after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 am. and 12:00 Noon on Monday and
ending between 1:00 p.m.and 6:OQp.m.on Friday. Saturday will be paid at time and one-half(1%). Sunday and Holidays shall be paid
at double(2)time. Saturday can be a make-up day if the weather has forced a day off,but only in the week of the day being lost. Any
time before six(6)lours before Noon or six(6)hours after Noon will be paid at time and one-half(I%a). ,
NO.26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 am.,and 5:00 p.m.,five(5)days per
week,Monday to Friday,Inclusive.Ifours of work at each Jobsite shall be those established by the general contractor and worked by the
majority of trades. ('the above working hours may be changed by mutual agreement). Work performed on Construction Work on
Saturdays,Sundays and before and after the regular working day on Monday to Friday,inclusive,shall be classified as overtime,and paid
for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day workweek
at straight time pay for construction work;the regular working day shall consist of ten(10)lours worked consecutively,between 6:00 ,
am. and 6:00 p.m., four(4) days per week, Monday to Thursday, inclusive. Any work performed on Friday, Saturday, Sunday and
holidays,and before and alter the regular working day on Monday to Thursday where a four(4)ten(10)hour day workweek has been
established,will be paid at two times(2)the single time rate of pay. The rate of pay for all work performed on holidays shall be at two
times(2)the single time rate of pay, t
NO. 28: Means eight(8)hours between 7:00 am.and 530 p.m., with at least a thirty (30) minute period to be taken for lunch,shall
constitute a day's work five(5)days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the '
option for a workday/workweek of four(4)tut(10)hour days(4-10's)provided:
-'the project must be for a minimum of four(4)consecutive days,
-Staring time may be within one(1)hour tither side of 8:00 am. '
-Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day.
(Alternate: If a holiday falls in the middle of week,then the regular eight(8)hour schedule maybe implemented).
-Any time worked in excess ofany ten(10)hour workday(Ina 4-10 hour work week)shall beat the appropriate overtime rate.
All work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(I%)times the '
employee's regular rate of pay. All work performed from 12:00 am.Sunday through 8:00 am. Monday and recognized holidays shall be
paid at double(2)the straight time hourly rate of pay. Should employees work In excess of iwclve(12)consecutive hours they shall be
paid double time(2X)for all time alter twelve(12)hours. Shift work performed between the hours of 4:30 p.m.and 12:30 am.(second '
shill)shall receive eight($)hours pay at the regular hourly rate of pay plus ten(Hr/o)percent for seven and one-half(7%a)lours work.
Shift work performed between the hours of 1230 am.and 8:00 am.(third shift)shall receive eight(8)hours pay at the regular hourly
rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch period of thirty(30)minutes shall be allowed on each shift. All ,
overtime work required oiler the completion ofa regular shift shall be paid atone and one-half(1'/,)times the shift hourly rate.
ANNUAL WAGE ORDER NO. 12 •'
A W 12 026 OT.dm I'eae I of 4 Poles
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COLE COUNTY OVERTIME SCHEDULE
' BUILDING CONSTRUCTION
•
NO.33: Means the standard work day shall be eight (8) consecutive (tours of work between the hours of 6:00 am. and 6:00 p.m.,
' excluding the lunch period, or shall conform to the practice on the job site, pour (4)days at ten(10)hours a day may be worked at
straight time,Monday through Friday and need not he consecutive. All overtime,except for Sundays and holidays shall he at the rate of
time and one-half(1'/,). Overtime worked on Sundays and holidays shall beat 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 ofeach week. Four(4) 10-hour days may constitute the regular work week. The regular working day shall consist of
eight(8)hours labor on the job beginning as early as 7:00 am.and ending as late as 5:30 p.m. Alt full or part time labor performed
during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and
' all hours worked in excess of eight(8)hours but not more than twelve(12)hours during die regular working week shall be paid for at
time and one-half(I%,)the regular hourly rule. All hours worked on Sundays and holidays and all hours worked in excess of twelve
(12)hours during the regular working day shall he paid at two(2)times the regular hourly rate. In the event of rain,snow,cold or
excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be
designated as a"make-up"day,for an employee who has missed a day of work for personal or other reasons. 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 am.and 4:30 p.m. The first two(2)hours of work performed
In excess of the eight(8)hour work day,Monday through Friday,and the first ten(10) hours of work on Saturday,shall be paid at one&
one-half(i%)times the straight time rate. Alt work performed on Sunday, observed holidays and in excess of ten(10)hours a day,
Monday through Saturday,shall be paid at dnuble(2)the straight time rate.
NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall
constitute a week's work. The regular starting time shall he 11:00 am. The above may be changed by mutual consent of authorized
' personnel. When circumstances warrant, the Employer may change the regular workweek to four(4)ten-hour days at the regular time
mte of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the
established workday of eight(8)hours,Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half
(I h)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 workday,and forty(40)hours per week
shall constitute a week's work. All lime worked outside of the standard eight(8) hour workday and on Saturday shall be classified as
' overtime and paid the rate of time and one-half(1'h). All time worked on Sunday and holidays shall be classified as overtime and paid at
the rate ofdouble(2)lime. The Employer has the option ofworkfng either five(5)eight hour days or four(4)ten hour days to constitute
a normal forty(40)hour work week. When the four(4)ten-hour work week is In effect,the standard work day shall be consecutive ten
' (10) hour periods between the hours of 6:30 am. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday
through Thursday, Inclusive. in the event the job Is down for any reason beyond the Employer's control,then Friday and/or Saturday
may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten(10)hours or forty(40)hours per week.
When the live day(8)hour work week is in effect, forty(40)hours per week shall constitute a week's work,Monday through Friday,
' inclusive. In the event the Job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer,
be worked as a make-up day;straight dmc not to exceed eight(8)hours or forty(40)tours per week. The regular staring time(and
resulting quitting time) may be moved to 6:00 am. or delayed to 9:00 am. Make-up days shall not be utilized for days lost due to
holidays.
L , ANNUAL WAGE ORDER NO. 12
nwtzazsor.aa Page zar+Paget
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 an -
Employer elects to work five 8-hour days during any work week,hours worked more than eight(8)per day or forty(40)per week shall be '
paid at time and one-half(I%)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 pan thereof by reason of inclement weather(min or
mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. It is agreed by the parties that the make-up
day is not to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days,between the '
hours of 630 am.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(I V2)the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and
loses a day due to Inclement weather,the Employer may work ten(10)hours on Friday at straight time. Friday must be scheduled for no
more than ten(10)hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid at '
time and one-half(1'/s)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
workday starling of 8:00 am.(and resulting quitting time of 4:30 p.m.)maybe moved forward to 6:00 am.or delayed one(1)hour to
9:00 am. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays,shall be compensated '
for at double(2)the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an
amount equal to the fringe benefits.
NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 am.and ending at 4:30 '
p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. I lowever,the Employer may have
the option to schedule his work week from Monday through Thursday at ten(10)hours per day at the straight time rate of pay with all
hours In excess often (10) lours in anyone 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 he paid at time and one-half(1'h)of the hourly rate
plus an amount equal to one-half('/,)of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized '
holidays shall be paid at double(2)the hourly rate plus an amount equal to the hourly Total indicated Fringe Benefits.
NO.91: Means eight(8)hours shall constitute a day's work commencing at 8:00 am, and ending at 4:30 p.m.,allowing one-half('/,)
hour for lunch. The option exists for the Employer to use a flexible staring time between the hours of 6:00 am. and 9:00 am. The
regular workweek shall consist of forty(40)hours of frvc(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. Ifthe make-up day is a holiday,the employee shall be
paid at the double(2)time rate. The employees shall be paid time and one-half(I%)for work performed before the regular staring time ,
or afler the regular quitting time or over eight(8)hours per work day (unless working a 10-hour work day,then time and one-half(I%,)is
paid for work performed over ten(10)hours a day)or over forty(40)hours per work week. Work performed on Saturdays,Sundays and
recognized holidays shall be paid at the double(2)time rate of pay.
NO.94: Means eight(8)hours shall constitute a days work between the hours of 8:00 am.and 5:00 p.m. 'Ihc regular workday staring ,
time of 8:0o am.(and resulting quitting time of 430 p.m.)may be moved forward to 6:00 am.or delayed one(1)hour to 9.'00 am. All
work performed In excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/a)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 at double the regular rate of wages.
NO.101: Means that except as provided below,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per week '
shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on
Saturday shall be classified as overtime and paid the rate of time and one-half(I%,)(except as herein provided). All time worked on Sunday
and recognized holidays shall be classified as overtime and paid at the rate of double(2)time. 'fhc regular staring time of 8:00 am.(and
resulting quilting time of4:30 p.m.)may be moved forward to 6:00 am.or delayed one(1)hour to 9:00 a.m. The Employer has the option '
of working either five(5)eight-hour days or four(4)icn-hour days to constitute a normal forty(40)hour work week. When a four(4)ten.
hour day work week is in effect,the standard work day shall be consecutive ten(10)hour periods between the hours of 6:30 am.and 6:30
p.m. Forty(40)lours per week shall constitute a week's work Monday through Thursday,inclusive. In the event the job is down for any '
reason beyond the Employer's control, then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day;
straight time not to exceed ten(10)hours per day or forty(40)hours per week. Starting time will be designated by the employer. Whcn the
live(5) day eight (8) hour work week Is In effect, forty (40) hours per week shall constitute a week's work, Monday through Friday,
Inclusive. In the event the job is down for any reason beyond the Employers control,then Saturday may,at the option of the Employer,he '
worked as a make-up day;straight time not to exceed eight(8)hours per day or forty(40)hours per week. Make-up days shall not be
utilized for days lost due to holidays. -
A W IZ 076OT.dac
ANNUAL WAGE ORDER NO. 12 '
Prac 3 of 1 Page,
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COLE COUNTY OVERTIME SCIIEDULE
1 BUILDING CONSTRUCTION
• NO. 110: Means eight(8)hours between the hours of 8:00 am.and 4:30 p.m.shall constitute a work day. The starting time may be
1 advanced one(1)or two(2)hours. Employees shall have a lunch period of thirty(30)minutes. The Employer may provide a lunch
period of one (1) hour, and in that event, the workday shall commence at 8:00 am. and end at 3:00 p.m. The workweek shall
commence at 8:00 a.m.on Monday and shall end at 4:30 p.m.on Friday(or 5:00 p,m.on Friday if the Employer grants a lunch period
of one(1)hour),or as adjusted by starting time change as stated above. All work performed before 8:00 am.and after 4:30 p.m.(or
1 5:00 p.m.where one(1)hour lunch is granted for lunch)or as adjusted by starting time change as slated above or on Saturday,except
as herein provided,shall Inc compensated atone and one-half(I%)times the regular hourly rate of pay for the work performed. All
work performed an Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work
performed. If an Employer is prevented from working forty (40) hours, Monday.through Friday, or any part thereof by reason of
1 inclement weather(rain and mud), Saturday or any part thereof may be worked as a make-up day at the straight time rate. The
Employer shall have the option of working rive eight (8) hour days or four ten (10) hour days Monday through Friday. If an
Employer elects to work five(5)eight(8) hour days during any work week,hours worked more than eight(8)per day or forty(40)
' hours per week shall be paid at time and one-half(1%)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'h) 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
1 more than ten(10)hours at the straight time rate,but all hours worked over the forty(40)hours Monday through Friday will be paid
at time and one-half(1%)overtime tale.
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1 ANNUAL WAGE ORDER NO.12 AW120260T.doe I'sge4af4PaQn
1
COLECOUNTY
HOLIDAY SCHEDULE—BUILDING CONSTRUCTION ,
NO.3:All work done on New Ycar's Day, Decoration Day,July 4th, Labor Day,Veteran's Day, •
Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any '
such holidays fall on a Sunday,the following Monday shall be observed as a holiday.
NO.4:All work done on New Year's Day,Memorial Day, Independence Day, Labor Day, '
Thanksgiving and Christmas Day shall be paid at the double time rate of pay. If any of the above
holidays fall on Sunday,Monday will be observed as the recognized holiday. if any of the above
holidays fall on Saturday, Friday will be observed as the recognized holiday. 1
NO.5: All work that shall be done on New Years Day, Memorial Day, Fourth of July, Labor
Day,Veteran's Day,Thanksgiving Day,and Christmas Day shall be paid at the double(2)time
rate of pay. '
NO.7:All work done on New Year's Day,Memorial Day,Independence Day, Labor Day,
Veteran's Day,Thanksgiving Day,and Christmas Day shall be paid at the double time rate of pay. '
If a holiday falls on a Sunday, it shall be observed on the Monday following. If a holiday falls on a
Saturday,it shall be observed on the preceding Friday.
NO.8:All work performed on New Year's Day,Memorial Day,Independence Day, Labor Day, '
Veteran's Day,Thanksgiving Day,and Christmas Day,or the days observed in lieu of these
holidays,shall be paid at the double time rate of pay. '
NO.15:All work accomplished on the recognized holidays of New Year's Day,Decoration Day
(Memorial Day), Independence Day(Fourth of July),Labor Day,Veteran's Day,Thanksgiving
Day and Christmas Day,or days observed as these named holidays,shall be compensated for at
double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday, it
shall be observed on the preceding Friday. If a holiday falls on a Sunday,it shall be observed on '
the following Monday. No work shall be performed on Labor Day,Christmas Day, Decoration
Day or Independence Day except to preserve life or property.
NO. 19:All work done on New Year's Day, Memorial Day,July 4th,Labor Day,Thanksgiving '
Day,and Christmas Day shall be paid at the double time rate of pay. The employee may take off
Friday following Thanksgiving Day. However,the employee shall notify his or her Foreman, ,
General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one
of the above holidays falls on Sunday,the following Monday shall be considered the holiday and
all work performed on said day shall be at the double(2)time rate. When one of the holidays falls
on Saturday,the preceding Friday shall be considered the holiday and all work performed on said '
day shall be at the double(2)time rate.
NO.23:All work done on New Year's Day,Memorial Day, Independence Day,Labor Day, '
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 after Thanksgiving Day,and Christmas Day shall be ,
paid at the double(2)time rate of pay. When a holiday falls on Saturday, it shall be observed on
Friday. When a holiday falls on Sunday,it shall be observed on Monday. •
ANNUAL WAOG ORUGR NO. 12 '
A W012 026 BHol Page I of 2 Porn
1
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 on Sunday,the following Monday shall be observed as the
holiday.
' NO.66: All work performed on Sundays and the following recognized holidays,or the days
observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,
Thanksgiving Day and Christmas Day,shall be paid at double(2)the hourly rate plus an amount
1 equal to the hourly Total Indicated Fringe Benctits. Whenever any such holidays fall on a Sunday,
the following Monday shall be observed as a holiday.
'
NO.69: All work performed on New Year's Day,Decoration Day,July Fourth,Labor Day,
Veteran's Day,Thanksgiving Day or Christmas Day shall be compensated at double(2)their
straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also
1 be holidays,but if the employer chooses to work these days,the employee will be paid at straight-
time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on
the following Monday.
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1• ANNUAL WAGE ORDER NO. 12
AW012 026 Bllal Page 2 or2 Psgo
1
Heavy Construction Rates for REPLACEMENT PAGE Section 026 '
COLE Count •
'Effective Basic ver- '
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
CARPENTER
Journeymen 5/05 $25.48 7 .16 $8.89
Mlliwri ht 5105 $25.48 7 16 $8.89 ,
Pile Driver Worker 5/05 $25.48 7 16 $8.89
OPERATING ENGINEER
Group 1 5105 $23.15 21 5 $14.45 ,
Group II 5/05 $22.80 21 5 $14.45 '
Group III 5/05 $22.60 21 5 $14.45
Group IV 5/05 $18.95 21 5 $14.45
Oiler-Driver 5/05 $18.95 21 5 $14.45 '
LABORER '
General Laborer 5105 $21.77 2 4 $7.78
Skilled Laborer 5/05 $22.37 2 4 $7.78
TRUCK DRIVER-TEAMSTER '
Group 1 5105 $23.67 22 19 $7.50
Group 11 5105 $23.83 22 19 $7.50
IGrouD III 5105 1 $23.82 22 19 $7.50 '
IGroup IV 5105 $23.94 22 19 $7.50
For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the
Building Construction Rate Sheet. '
1
'Annual Incremental Increase ANNUAL WAGE ORDER NO. 12 7/05 •
1
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 workday shall be either eight(8)or ten(10)hours. If a crew is
prevented from working forty(40)hours Monday through Friday,or any part thereof,by reason
of inclement weather, Saturday or any part thereof may be worked as a make-up day at the
' straight time rate. Employees who are part of a regular crew on a make-up day,notwithstanding
the fact that they may not have been employed the entire week,shall work Saturday at the
straight time rate. A workday shift is to begin at the option of the Employer,between 6:00 a.m.
and not later than 9:00 a.m. However,the project starting time may be advanced or delayed if
required. If workmen are required to work the enumerated holidays or days observed as such or
Sundays,they shall receive double(2)the regular rate of pay for such work.
'
NO.7: Means the regular work week shall start on Monday and end on Friday,except where the
Employer elects to work Monday through Thursday,ten(10)hours per day. All work over ten
(10)hours in a day or forty(40)hours in a week shall be at the overtime rate of one and one-half
' (1'/2)times the regular hourly rate. The regular workday shall be either eight(8)or ten (10)
hours. If a job can't work forty(40)hours Monday through Friday because of inclement weather
or other conditions beyond the control of the Employer,Friday or Saturday may be worked as a
' make-up day at straight time(if working 4-10's). Saturday may be worked as a make-up day at
straight time(if working 5-8's). Make-up days shall not be utilized for days lost from holidays.
Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(1'/2)
' times the regular rate. Work performed on Sunday shall be paid at two(2)times the regular rate.
Work performed on recognized holidays or days observed as such,shall also be paid at the
double(2)time rate of pay.
NNO.21: Means the regular workday for which employees shall be compensated at straight time
hourly rate of pay shall,unless otherwise provided for,begin at 8:00 a.m.and end at 4:30 p.m.
' However,the project starting time may be advanced or delayed at the discretion of the Employer.
At the discretion of the Employer,when working a five(5)day eight(8)hour schedule,Saturday
may be used for a make-up day. If an Employer is prohibited from working on a holiday,that
' employer may work the following Saturday at the straight time rate. However,the Employer
may have the option to schedule his work from Monday through Thursday at ten(10)hours per
day at the straight time rate of pay with all hours in excess of ten(10)hours in any one day to be
' paid at the applicable overtime rate. If the Employer elects to work from Monday through
Thursday and is stopped due to circumstances beyond his control,he shall have the option to
work Friday or Saturday at the straight time rate of pay to complete his forty(40)hours. If an
Employer is prohibited from working on a holiday,that Employer may work the following
' Friday or Saturday at the straight time rate. Overtime will be at one and one-half(1%2) times the
regular rate. If workmen are required to work the enumerated holidays or days observed as such,
or Sundays,they shall receive double(2)the regular rate of pay for such work.
NO.22: Means a regular work week of forty(40)hours will start on Monday and end on Friday.
The regular work day shall be either eight(8)or ten(10)hours. If a crew is prevented from
' working forty(40)hours Monday through Friday, or any part thereof by reason of inclement
weather,Saturday or any part thereof may be worked as a make-up day at the straight time rate.
Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they
' may not have been employed the entire week,shall work Saturday at the straight time rate. For
all time worked on recognized holidays,or days observed as such,double(2)time shall be paid.
'• ANNUAL WAGE ORDER NO. 12
AW012 026110T rage I of II'gn
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.S: The following days are recognized as holidays:New Year's Day,Memorial Day, Fourth of July, Labor '
Day,Thanksgiving Day and Christmas Day. If holiday falls on a Sunday, it shall be observed on the
following Monday.If a holiday falls on a Saturday, it shall be observed on the preceding Friday.No work shall
be performed on Labor Day except in case 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 a holiday falls on Saturday, it shall be observed on the preceding Friday.No work shall '
be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to
protect Labor Day. When a holiday falls during the normal work week, Monday through Friday,it shall be
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 arc recognized as holidays:New Year's Day, Memorial Day,Independence Day, N
Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday,it shall be observed on the
following Monday. When a holiday falls during the normal work week,Monday through Friday,it shall be '
counted as eight(8)hours toward the forty(40)hour week;however,no reimbursement for this eight(8)hours
is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays, or
days observed as such,they shall receive double(2)the regular rate of pay for such work. '
•1
AW012 nnol ANNUAL WAGE ORDER NO. 12 Paso I or raga '
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,Dent,Franklin,
Gasconade,Howard,l lowell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Maries,Marion,Miller,Monitcau,
Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Putnam,Ralls,Randolph,Reynolds,
' Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby,
Sullivan,Texas,Warren,and Washington
COMMERCIAL WORK
' Occupational Title Basic Total
Hourly Fringe
' Rate Benefits
*Joumeyman Lineman $30.30 $450+41.3%
'
*Lineman Operator $27.04 $4.50+41.3%
"Groundman 1 $21.22 1 $4.50+41.3%
' OVERTIME RATE:Eight(8)bouts shall constitute a work day between the hours of 7:00 am,and 4:30 p.m.Forty
(40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed In the
91h and 10th hour,Monday through Friday,shall be paid at time and one-hair(1'/s)the regular straight time rate of pay.
Contractor has the option to pay two(2)hours per day at the time and one-half(I%)the regular straight time rate orpay
between the hours of 6:00 am.and 530 p.m.,Monday through Friday.Work performed outside the regularly scheduled
working boors and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at
the rate of double(2)time,
HOLIDAY RATE:All work performed on New Years Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day,
Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time one of pay. When one of
the foregoing holidays falls on Sunday,it shall he celebrated on the following Monday.
' UTILITY WORK
'
Occupational Title Basic Total
HourIX Fringe
Rate Benefits
'
*Journeyman Lineman $30.30 $4.50+37.3%
*Lineman Operator $26.16 $4.50+37.3%
"Groundman $20.23 $4.50+37.3%
1 OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 am.and 4:30 p.m.Forty
(40)hours within rive(5)days,Monday through Friday Inclusive,shall constitute the work week.Work performed in the
' 91h and I Olh hour,Monday through Friday,shall be paid of time and one-half(1'/,)the regular straight time rate of pay.
Contractor has the option to pay two(2)hours per day at the time and one-half(1'/7)the regular straight time rate of pay
between the hours or6:00 a.m.and 5:30 p.m.,Monday through Friday. Worked perforated in the first eight(8)hours on
Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight time rate. Work performed outside
' these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall he paid for at the rate of
double(2)time.
' HOLIDAY RATE:All work performed on New Years Day,Memorial Day,Fourth cfJuly,Labor Day,Veteran's Day,
Thanksgiving Day,Christmas Day,or days celebrated as such,shall he paid at the double time rate of pay. When one of
• the foregoing holidays falls on Sunday,It shall be celebrated on the rollowing Monday.
' 'Annual Incremental increase
ANNUAL WAGE ORDER NO. 12 90
!1 Mu14�1M'0171Grd,FJatonYll/rS11AN'N Ndz
'• AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW
' I, the undersigned, of lawful age, first
being duly sworn, state to the best of my information and belief as follows;
1. That I am employed as
' by
2. That was awarded a public works
' contract for Project No. 32050, Street Lighting Improvements In the
Downtown Area—Phase II.
3. That I have read and am familiar with Section 290.290 RSMo(1994 as
amended)an act relating to public works contracts, which impose certain
requirements upon contractors and subcontractors engaged in a public
works construction project in the State of Missouri.
4. That has fully complied with the
provisions and requirements of Section 290.290 RSMo (1994 as
' amended)
' FURTHER AFFIANT SAYETH NAUGHT.
AFFIANT
1
Subscribed and sworn to before me this_day of 120
' NOTARY PUBLIC
' My Commission Expires;
' STATE OF MISSOURI )
ss
'� COUNTY OF
'• EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION
' 1, the undersigned, of lawful age,
first being duly sworn, state to the best of my information and belief as follows:
' 1. That I am employed as by
' 2. That was awarded a public
works contract for Project No. 32060, Street Lighting Improvements in
' the Downtown Area— Phase II.
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 sworn 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 4 day of 2006,
by and between Meyer Electric hereinafter referred to as"Contras or", 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. 32050, Street Lighting Improvements in the Downtown Area —
Phase II.
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"Street Lighting improvements in the Downtown
Area — Phase II" 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 105 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. Prevailina Wanes.
To the extent that the work performed by Contractor is subject to prevailing wage law,
Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for
' work of a similar character in this locality, as established by Department of Labor and
Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that
' Contractor knows the prevailing hourly rate of wages for this project because Contractor
has obtained the prevailing hourly rate of wages from the contents of the current
Annual Wage Order No. 12, Section 026, Cole County rates as set forth. The
' Contractor further agrees that Contractor will keep an accurate record showing the
names and occupations of all workmen employed in connection with the work to be
performed under the terms of this contract. The record shall show the actual wages
' paid to the workmen in connection with the work to be performed under the terms of
this contract. A copy of the record shall be delivered to the Purchasing Agent of the
• Jefferson City Finance Department each week. In accordance with Section 290.250
' RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman
employed, for each calendar day or portion thereof that the workman is paid less than
1
'• the stipulated rates for any work done under this contract, by the Contractor or any
subcontractor under the Contractor.
' 4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
' (a) Workmen's Compensation Insurance for all of Its employees to be
engaged In work under this contract.
' (b) Contractor's Public Liability Insurance in an amount not less than
' $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one
person In a single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and
' Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all
claims arising out of a single accident or occurrence and $300,000 for any one person
In a single accident or occurrence.
' (c) Automobile Liability Insurance in an amount not less than$2,000,000 for
all claims arising out of a single accident or occurrence and $300,000 for any one
' person in a single accident or occurrence.
(d) Owner's Protective Liability Insurance-The Contractor shall also obtain at
N its own expense and deliver to the City an Owner's Protective Liability Insurance Policy
naming the City and the City as the Insured, in an amount not less than$2,000,000 for
all claims arising out of a single accident or occurrence and $500,000 for any one
' person in a single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No
policy will be accepted which excludes liability for damage to underground structures or
' by reason of blasting, explosion or collapse.
(e) Subcontracts-In case any or all of this work is sublet,the Contractor shall
' require the Subcontractor to procure and maintain all insurance required In
Subparagraphs (a), (b), and (c) hereof and in like amounts.
' (f) Scope of Insurance and Special Hazard. The insurance required under
Sub-paragraphs(b)and (c)hereof shall provide adequate protection for the Contractor
and its subcontractors, respectively, against damage claims which may arise from
' operations under this contract,whether such operations be by the Insured or by anyone
directly or indirectly employed by it, and also against any special hazards which may be
encountered in the performance of this contract.
' NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective
Insurance (or contingent public liability and contingent property damage policies) by a
' general contractor whose subcontractor has employees working on the project, unless
the general public liability and property damage policy(or rider attached thereto)of the
• general contractor provides adequate protection against claims arising from operations
' by anyone directly or indirectly employed by the Contractor.
,• 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 Dameaes.
The City may deduct Five Hundred Dollars($500.00)from any amount otherwise due
under this contract for every day the Contractor falls or refuses to prosecute the work,
or any separable part thereof, with such diligence as will Insure the completion by the
time above specified, or any extension thereof, or falls to complete the work by such
time, as long as the City does not terminate the right of Contractor to proceed. it Is
further provided that Contractor shall not be charged with liquidated damages because
' of delays in the completion of the work due to unforeseeable causes beyond
Contractor's control and without fault or negligence on Contractor's part orthe part of Its
agents.
N7. 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 fall to supply enough properly skilled workmen or proper material, or if
Contractor should refuse or fail to make prompt payment to any person supplying labor
' or materials for the work under the contract,or persistently disregard instructions of the
City or 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 maytake
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 attomeys'fees arising out
of or resulting from the performance of the work, provided that any such claim,damage,
' loss or expense (1) Is attributable to bodily Injury, sickness, disease, or death, or to
Injury to or destruction of tangible property(other than the Work itself)Including the loss
of use resulting therefrom and (2) is caused in whole or in part by any negligent act or
' omission of contractor, any subcontractor,anyone directly or indirectly employed by any
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 bib
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
N 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
with the rates and/or amounts stated In the.bid of Contractor dated March 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 Seven Hundred Eighty Six Thousand,
Eight Hundred Seventy Four Dollars and Seventy Five Cents ($786,874.75).
' 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.
1
,• 14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and
' the attached specifications and has fully considered such local conditions in making its
bid herein.
' 16. Severability.
If any section, subsection, sentence,or clause of this Contract shall be adjudged Illegal,
' invalid, or unenforceable, such illegality, invalidity, or uhenforceablilty shall not affect
the legality, validity, or enforceability of the contract as a whole, or of any section,
subsection, sentence, clause, or attachment not so adjudged.
' 16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the
' State of Missouri shall have jurisdiction over any dispute which arises under this
contract, and each of the parties shall submit and hereby consents to such courts
exercise of jurisdiction. in any successful action by the Cityto enforce this contract, the
' City shall be entitled to recover Its attorney's fees and expenses Incurred in such action.
17. Contract Documents.
' The contract documents shall consist of the following:
a. This Contract f. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders I. Drawing and/or Sketches
' e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph,form the Contract
between the parties. These documents are as fully a part of the contract as if attached
hereto or repeated herein.
' 18. Complete Understandina, Meraer.
Parties agree that this document including those documents described in the section
' entitled "Contract Documents"represent the full and complete understanding of the
parties. This contact Includes only those goods and services specifically set out. This
contract supersedes all prior contracts and understandings between the Contractor and
' the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties
and that the contract should not be construed as having been drafted by either party. In
the event that either party shall seek to enforce the terms of this contract through
' litigation, the prevailing party in such action shall be entitled to receive, in addition to
any other relief, Its reasonable attorney's fees, expenses and costs.
1
'• 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 officerof
the City. Contractor acknowledges that the City may not be responsible for paying for
changes or modifications that were not properly authorized.
21. Waiver of Breech :
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any
of the terms covenants or conditions herein shall not be deemed a waiver of any such
terms, covenants or conditions, nor shall any failure at one or more times be deemed a
waiver or relinquishment at any other time or times by any right under the terms,
covenants or conditions herein.
22. Assionment.
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
N 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 1013, Jeffemon City, MO 65102. The
date of delivery of any notice shall be the second full day after the day of Its mailing.
1
1
IN IT SS WH�REOF,the parties hereto have set their hands and seals this
• day o r�� 2006.
CITY OF JEFFERSON CONTRACTOR
MEYER ELECTRIC CO. , INC.
yor Title: Leon J. Kdner, Vice Pres.
' ATTEST: ATTEST:
*21W&a,
1
v
Ity Clhfrk Titl @: Joseph e, N en, sec.
APPROV AS TO FORM:
1
City Counselor
1
Bond # 104476473
,• PERFORMANCE, PAYMENT AND GUARANTEE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
' Meyer Electric Co. , 3513 N Ten Mile Dr P.O. Box 1013 Jefferaon-Lity,
Missouri 65102 hereinafter, referred to as "Contractor" and
iTravelers Casualty 6 Surety Company of America
' a Corporation organized underthe laws of the State of Connecticutt
and authorized to transact business In the State of Missouri as Surety,
' are held and firmly bound unto the
' City of Jefferson, 320 E. McCarty St. hereinafter referred toas'Owner'
s
Jefferson City MOg 65101 tt
In the penal sum of A�ntdredugeventyi die boo larg �Vvnn[yhPiveilnnDOLLARS
' ($_ 786,874.75 ), lawful money of the United States of America for the
payment of which sum, well and truly to be made, we bind ourselves and our heirs,
executors, administrators, successors, and assigns, jointly and severally by these
' presents.
Project: Street Lighting Improvements in Downtown Area Project 0 32050
' Phase 11
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT;
' WHEREAS, the above bounded Contractor has on the 20th day
of March .20_06.entered Into a written contract with the aforesaid Owner
for furnishing all materials,equipment,tools,superintendence,labor,and other facilities
and accessories,for the construction of certain Improvements as designated, defined
' and described in the said Contract and the Conditions thereof, and in accordance with
the specifications and plans therefore; a copy of said Contract being attached hereto
and made a part hereof.
NOW THEREFORE,if the said Contractorshall and will,in all particulars,well,duly and
• faithfully observe, perform and abide by each and every covenant, condition, and part
1
1.
'• 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 labor,
materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils,
greases, coal repairs, equipment and tools consumed or used in said work,groceries
and foodstuffs, and all Insurance premiums, compensation liability, and otherwise, or
any other suppiles 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:
N 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 paythe 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:
1
IN TESTIMONY WHEREOF,the said Contractor has hereunto set his hand, and the
'• said Surety has caused these presents to be executed in its name, and Its corporate
' seal to be hereunto affixed, by it attomey-in-fact duly authorized thereunto so to do,at
Naught-Naught Ins. Agency
' 1441 Christy Drive P.O. Box 1768
defferson City, MO 65102 on this the
' 20th day of March � 2Q 06
Travelers Casualty 6 Surety Company
' of America Meyer Electric Co. , Inc.
SURETY COMPANY CONTRACTOR
"Ga-(SEAL WPresident EAL)
';Paul
Naught (SEAL) BY (SEAL)
Attomey4n-fact (State Representative)
N
(Accompany this bond with Attomey-in-fact's authority from the Surety Company
' certified to Include the date of the bond.)
' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183.9062
'• POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)•IN•FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Dorothy 11f. Raker, Harry D. Naught,Thomas S. Naught, Cheryl Schaller, of Jefferson
City, Missouri, their two and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United Stales, the following instrument(s): by his/her sole signature and act,any and all bonds,
recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking
and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the some were signed
by the duly authorized officers of the Companies,and all the acts of said Altorney(s)-in-Fact,pursuant to the authority herein given,are
hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now
' in full force and effect:
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer,any Assistant Treasurer,die Corporate Secretary or any Assistant Secretary may appoint Auomeysdn-Fact and
' Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds,rccognizances,contracts of indemnity,and other writings obligatory in the nature
of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee
and revoke the power given him or her.
' VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in
writing and a copy thereof is filed in the office or dm Secretary,
OTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
1shWIbevalld and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice
President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by
one or more Attomeys-in-Fact and Agents pursuant to the power prescribed In his or her certificate or their certificates or authority or by one or more
Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and scaled by facsimile(mechanical or printed)under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
' COMPANY,which Resolution Is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Atomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
or eenificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile scat shall be valid and binding upon the Company In the future with respect to any bond or
undertaking to which it is attached.
1•
' (11-00Standard)
1
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 7th day of May,2004,
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
155.Hanford TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
' COUNTY OF HARTFORD
��r�Mr 1Jµ,r�Ma• ,�►�su��
ay 9 P
George W.Thompson
r+� ``f .•�� �`' • " Senior Vice President
1
On this 7th day of May,2004 before me personally came GEORGE W.THOMPSON to me known,who, being by me duly swom,
' did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
1 �atn�
My commlaslon expires June 30,2006 Notary Publla
N ro
Marla C.Tatreault
' CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remains in full farce and has not been revoked;and furthermore,that the Standing Resolutions of the Boards of Directors,as set forth
' in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford,State of Connecticut. Dated this 20th day of
March 20 06
.. ���n . •,"ttY ANp• p"sv�i�
tWtrFOiq W O ' i •s 16 g By
Kori M.Johanson
• o Assistant Secretary, Bond
1•
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID W DATE(MMRDYYYY)
ME R-1 03/14/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Naught-Naught / Jefferson City ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1441 Christy Drive HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P O Box 1768 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
£erson City MO 65102
not 573-634-2727 Pax:866-779-8102 INSURERS AFFORDING COVERAGE NAICN
URED INSURER A: cloclm,tl le,uneee Ce.Peey
yy i _ INSURER O__
35pp13rN Electric Dry Inc. INSURER C.
Jef arsoniCity MO 65102 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 13E ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI4E TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE WMMIDDD�- BATE MIDD SITS
GENERAL LIABILITY EACH OCCURRENCE S1,000,000
' A X COMMERCIAL GENERAL LIABILITY CPP0740506 11101/05 11/01/06 PREMISES Esc m $100,000
CLAIMS MADE X�OCCUR MEOEXP(Myunpr ) 115,000
' X X,C,U Included PERSONAL&ADV INJURY 61,000,000
A X Owners Cont/Prot Pending** 03/14/06 03/14/07 GENERALAGGREGATE $2,000,000
GENL AGGREGATE LIMIT APPLIES PER: **$1 Million Limit - Aggregati PROWCTB-COMPJOPAGG $2,000,000
POLICY Fx_1 i0i F 1 LOC S2 Million Limit - OcCitrrande
AUTOMOBILE LIABILITY COVA31NED SINGLE LIMIT
A X ANYAUrG CPA0740506 11/01/05 11/01/06 (E•'otl0an1) $ 1,000,000
ALL OWNED AUTOS BODILY INJURY $
' SCHEDULED AUTOS (Pa Pe )
X HIRED AUTOS BODILY INJURY
X NONIOWNED AUTOS INSURANCE RI VIEVOW (PW AW(IMI)
PROPERTY DAMAGE IT
(Pa seddall)
GARAGE LWRJTY AUTO ONLY.EA ACCIDENT 11
ANY AUTO Date: y-� u OTHER THAN EA ACC f
' VO AUTO ONLY: AGO t
EXCESSMNSRELLA LIABILITY EACH OCCURRENCE 6$8,000,000
A X OCCUR F-1cL.AIMsMAGE CPP0740506 11/01/05 11/01/06 AGGREGATE t 8,000,000
' s
DEDUCTIBLE s
X RETENTION S-O- 6
WORKERS COMPENSATION AND I TORY LIMITS I NErIt"
' EMPLOYERS'LIABILITY
ANY PROPRIETOWPARTNENEXECUTIVE E.L.EACH ACCIDENT 6
OFFICENLIEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE f
Nyy delalEe alder
SPECLALPROVIS(ONSW" CL.DISEASE-POLICY LIMIT 6
' OTHER
A installation Fltr CPP0740506 11/01/05 11101106 Any One $1,000,000
Bldrs Risk I Location
DESCRIPTION OF OPERATIONS LOCATIONS)VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of Jefferson - Street Lighting Phase II -Project #32050
** Owners i Contractors Protective - $1,000,000 Limit - Named Insureds City
of Jefferson, 320 E. McCarty St., Jefferson City, MO 65101
1
CERTIFICATE HOLDER CANCELLATION
' CITY OF SHOULD ANY OF TI4E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER HILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL
City of Jefferson City IMPOSE NO OBLIGATION OR LIAOIUTY OF ANY KIND UPON THE INSURER,RB AGENTS OR
' 320 E. McCarty REPRESENTATIVES.
Jefferson City MO 65101 e�Jnrartl AEPZCQ ?ESE"T,__ A
' ACORD 25(2001108) �� // (DACORD CORPORATION 1988
'• GENERAL PROVISIONS
FORWARD
The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modtifed assetforth In
' the Special Provisions.
GP4 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,otherdocuments listed in the Table of Contents and bound In fins 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 date which may be furnished by the
Contractor and approved by the Owner,together with such additional drawings which may be furnished by
the Engineer from time to time as are necessary to make clear and to define In greater detail the Intent of
' the specifications and drawings,are each and all component parts to the agreement governing the work to
be done and the materials equipment to be furnished. All of these documents are hereby defined as the
Contract Documents.
' The several parts of the Contract Documents are complementary,and what is called for by any one shall
be as binding as If called for by all. The Intention of the Documents is to Include the furnishing of all
materials,labor,tools,equipment and supplies necessaryfor constructing complete and readyto use the
' work spedfied. Materials or work described In words which so applied have a well known technical ortrade
meaning shall be held to refer to such recognized standards.
The Contract shall be executed in the State and County where the Owner Is located. Three(3)copies of
the contract documents shall be prepared by the Contractor, each containing an exact copy of the
Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required,
and the contract agreement signed by both parties thereto. These executed contract documents shall be
filed as follows:
One(1)with the City Clerk of the City of Jefferson
One(1)with the Jefferson City Director of Community Development
' One (1)with the Contractor
GP-2 DEFINITIONS
' Wherever any work or expression defined in this article, or pronoun used in Its stead, occurs in these
contract documents,it shall have and is mutually understood to have the meaning herein given:
' 1. "Contract'or"Contract Documents"shell Include all of the documents enumerated in the previous
article,
2. "Owner","City", or words"Party of the First Pert',shall mean the party entering Into contract to
' secure performance of the work covered by this Contract and his or Its duly authorized officers or
agents.Generally this will be the"City of Jefferson".
3. "Contractor"or the words"Party of the Second Part"shall mean the party entering into contract for
the performance of the work covered by this contract and his duly authorized agents or legal
representatives.
' 4. "Subcontractors"shall mean and refer to a corporation,partnership,or Individual having a direct
contract with the Contractor,for performing work at the Job site.
• 5. "Engineer"shall mean the authorized representative of the Director of Community Development,
p.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.
S. "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. Wheneverin these contract documents the words"as directed","as required","as perms ted","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 thewords"approved","reasonable","suitable","acceptable","properly',"satisfactory',or
words of like effect and import, unless otherwise particularly specified herein, shall mean '
approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the City and
Engineer.
13. Whenever any statement is made In these Contract Documents containing the expression"it is
understood and agreed"or any expression of the like import,such expression means the mutual
understanding and agreement of the Contractor and the City.
14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard '
Specifications for Highway Construction" prepared by the Missouri Highway and Transportation
Commission and published before the date of this contract.
15. "Consultant" shall mean the firm, company, individual, or its/ "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 preliminaryto and during
the prosecution of the work,the general local conditions,and all other matters which can in any way affect '
the work under this Contract. No verbal agreement or conversation with any officer,agent or employee of
the City, either before or after the execution of this contract, shall affect or modify any of the terms or
obligations herein contained.
The relation of the Contractor to the City shall be that of an Independent contractor. '
GP-4 THE ENGINEER
The Engineer shall be the City's representative during the construction period and he shall observe the •,
work In process on behalf of the City by a series of periodic visits to the job site. He shall have authority to
act on behalf of the City. '
The Engineer assumes no direction of employees of the Contractor or subcontractors and nosupervfsion of
1
1
'• the construction activities or responsibility for their safety. The Engineer's sole responsibility during
construction is to the City to endeavor to protect defects and deficiencies in the work.
' Any plan or method of work suggested by the Engineer, or other representative of the City, to the
Contractor,but not specified or required,If adopted or followed by the Contractor in whole or in part,shall
' be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no
responsibility therefore.
GP-5 BOND
' Coincident with the execution of the Contract,the Contractor shall furnish a good and sufficient surety bond
In the full amount of the contract sum. This surety bond,executed by the Contractor to the City,shall be a
' guarantee: (a) forthe faithful performance and completion of the work in strict accordance with theterms
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 occurto
the City by reason of defective materials used,or by reason of defective or improper workmanship done,in
' the furnishing of materials,labor,and equipment in the performance of the said contract.
All provisions of the bond shall be complete and In full accordance with statutory requirements, The bond
shall be executed with the property sureties through a company licensed and qualified to operate in the
' state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond
shall be the date of execution of the contract.
If at any time during the continuance of the contract the surety on the Contractor's bond becomes
Irresponsible,the City shall have the right to require additional and sufficient sureties which the Contractor
shall furnish to the satisfaction of the City within ten (10)days after notice to do so. In default thereof,the
contract may be suspended, all payments or money due the Contractor withheld, and the contract
' completed as hereinafter provided.
GP-6 INSURANCE
' GP4.1 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 byan authorized
' representative and stating that all provisions of the following specified requirements are complied with.
All certificates of Insurance required herein shall state that ten(10)days written notice will be given to the
City before the policy Is canceled or changed. All certifications of insurance shall be delivered to the City
prior to the time that any operations under this contract are started.
All of said Contractor's certificates of Insurance shall be written in an Insurance company authorized to do
' business in the State of Missouri.
OP-8.2 BODILY INJURY LIABILITY d,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.
1
GR6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LABILITY & PROTECTIVE PROPERTY •'
DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORSI
(1) Contractors contingent policy providing limbs of at least $300,000 per person and $2,000,000 per '
occurrence for bodily Injury or death.
(2) Property Damage Liability providing limbs of at least $2,000,000 per occurrence and $2,000,000 '
aggregate.
QP41.4 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 clalmsthat 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 Uabiilly and '
Property Damage Uability Insurance. This policy shall be filed with the Owner and a copy filed with the
Engineer.
QP4.6 EXCLUSIONS '
The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain noexciuslon relaftto:
(1) Blasting or explosion. (Consult Technical Specifications Pert 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,conduils,pipes,mains, '
sewers,etc.,caused by the Contractors operations.
(3) The collapse of,or structural Injury to,any building or structure on or adjacent to the Cws premises,or
Injury to or destruction of property resulting therefrom,caused by the removal of other buildings,structures, '
or supports,or by excavations below the surface of the ground.
GP-6.7 AUTOMOBILE BODILY INJURY LABILITY 3 AUTOMOBILE PROPERTY DAMAGE LIADWY
INSURANCE ,
Contractor shall carry In his name,additional assured clauses protecting City,Uedlity Insurance with Bodily
Injury or Death Umbs of not less then$300,000 per person and$2,000,000 per occurrence,and property '
damage limbs of not less then$300,000 with hired car and non-owned vehicle coverage or separate policy
carrying similar limbs.
The above Is to cover the use of automobiles and trucks on and off the site of the project. '
G134.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION
Employers 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 limbs,and Employers Uabllby,with a
limb of$300,OOD per person. The"All State"endorsement shall be Included. ,
1
1
1• In case any class of employees Is not protected under the Workmen's Compensation Statute, the
Contractor shell provide and cause such contractor to provide adequate employer's liability coverage aswlll
' protect him against any claims resulting from Injuries to and death of workmen engaged in work underthis
contract.
GP-6.9 INSTALLATION FLOATER INSURANCE
This Insurance shall Insure and protect the Contractor and the City from all Insurable risks of physical loss
or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance,when in
' warehouses or storage areas,during installation,during testing and until the work is accepted, it shall beof
the"All Rlsks"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.
OP-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 or to be used as a part of the permanent materials,and supplies necessary
' to the work.
' OP4.11 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 orsult
' that may be brought against the City or Engineer or any officer or agent of either of them,for or on account
of the failure,omission,or neglect of the Contractor to do and perform any of the covenants,acts,matters,
or things by this contract undertaken to be done or performed,or for the Injury,death ordamage 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.
' OP-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 fail to perform the
work undertaken by him in a satisfactory manner,the City may at his option annul and temrinateAssignee's
contract. ,
GP-8 SUBCONTRACTS PRINCIPAL MATERIALS 6 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 equipmerdwhich he proposesto 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 nofte '
to any affected subcontractors.
Nothing contained In the Contract Documents shall create any contractual relation between any
subcontractor and the City. ,
No officer, agent or employee of the City, including the Engineer, shall have any power or authority
whatsoever to bind the City or Incur any obligation In its behalf to any subcontractor,material supplier or '
other person In any manner whatsoever.
OP-9 OTHER CONTRACTS
The City reserves the right to let other contracts in connection with this work. The Contractor shall afford N
other contractors reasonable opportunity for the introduction and storage of their materials and the
execution of their work,and shall property connect and coordinate his work with theirs. '
If any part of the Contractor's work depends for proper execution or results on the work of any other
contractor,the Contractor shall Inspect and promptly report to the Engineer any defect In such work that
renders it unsuitable for such proper execution and results. ,
His failure so to Inspect and report all constitute an acceptance of the other contractor's work as fit and
proper for the reception of his work,except as to defects which may develop in the other contractor's work '
after the execution of his work.
Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this
Contract,the respective rights of the various Interests Involved shall be established by the Engineer,In order ,
to secure the completion of the various portions of the work in general harmony.
OP-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 an 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 M the
1
contract amount and the Contractor shell satisfy all demands that maybe 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 sues 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 Clty will not
be made while any such suits or claims remain unsettled.
' GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS
GP42.1 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,shell be executed just as if it has been set forth in both,In order that the work shall
be completed according to the complete design of the Engineer.
' Should anything be omitted from the Specifications and Plans which Is necessary to a clear understanding
of the work,or should it appear various instructions are in conflict,then the Contractor shall secure written
Instructions from the Engineer before proceeding with the construction affected by such omissions or
discrepancies. it Is understood and agreed that the work shall be performed and completed according to
the true spirit,meaning and Intent of the contract,specifications and plans.
GP 42.2 FIGURED DIMENSIONS TO GOVERN
' Dimensions and elevations shown on the plans shall be accurately followed even though they differ from
scaled measurements, No work shown on the plans,the dimensions of which are not indicated shall be
executed until the required dimensions have been obtained from the Engineer.
GP42.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES
' The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules
given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the
conditions on the ground,or any error or omission in plans,or in the layout as given by stakes,points,or
Instructions,which he may discover in the course of the work. The Contractor will not be allowed to take
' advantage of any error or omission in the plans or contract documents,as full instructions will be fumished
by the Engineer should such error or omission be discovered, and the Contractor shall carry out such
Instructions as If originally specified.
' The apparentsilence of the Plans and Specifications as to any detail orthe apperentornission fromthem 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.
' G1342,4 STANDARD SPECIFICATIONS
' Reference to standard specifications of any technical society,organization or association,or to codes of
local or state authorities, shell mean the latest standard, code, specification, or tentative specificaton
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 Subcontractora and no
' supervision of the construction activities or responsibility for their safety. The sole duty of the Project
Representative during the construction Is to the City to endeavor to protect against defects and deficiencies
1
In the work. •,
The Contractor shall regard and obey the directions and instructions of the Construction Representative so '
appointed,when the some are consistent with the obligations of this contract and the specificationstherefor,
provided,however,that should the Contractor object to any order given by the Construction Representative,
the Contractor may make written appeal to the Engineer for his decision. '
The Construction Representative and other properly authorized representatives of the City shall be free at
all times to perform their duties, an Intimidation or attempted Intimidation of any one.of them by the
Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the ,
contract.
Such construction representation shall not relieve the Contractor from any obligation to perform said work '
strictly in accordance with the plans and specifications or any modifications thereof as herein provided,and
work not so constructed shall be removed and made good by the Contractor at his own expense,and free
of all expense to the City,whenever so ordered by the Engineer,without reference to any previous oversight
In observation of work. Any defective material or workmanship maybe rejected by the Engineerat arty time '
before the final acceptance of the work,even though the some may have been previously overlooked and
estimated for payment.
The Construction Representative shall have no authority to permit any deviation from the plans and ,
specifications except on written order from the Engineer,and the Contractor will be liable for any deviation
except on such written order.
All condemned work shall be promptly taken out and replaced by satisfactory work,and all condemned '
materials shall be promptly removed from the vicinity of the work. Should the Contractor fall or refuse to
comply with instructions In this respect the City may,upon certification bythe Engineer,wkhhokd payment or
proceed to terminate contracts as herein provided.
Reexamination of questioned work may be ordered by the Engineer,and if so ordered the work must be
uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City '
shall pay the cost of reexamination and replacement. If such work be found not in accordance with the
Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was
caused by another contractor of the City and in that event the City shall pay such cost.
The Contractor shell furnish samples of testing purposes of any materiel required by the Engineer,and ,
shall furnish any information required conceming the nature or source of any material which he proposes to
use. ,
GP44 LINES AND GRADES
Unless specified otherwise in the Special Provisions,the Department of Community Developmentwill set '
construction stakes establishing lines,scopes,and continuous profile grade In road work,and center-line
and bench marks for culvertwork,and appurtenances as may be deemed necessary,and will furnish the
Contractor,with all necessary information relating to lines,slopes,and grades,to lay outtheworkcorrectly. '
The Contractor shall maintain these lines,grades,and bench marks and use them to lay outthe work he is
to perform under this contract.
The Contractor shall notify the Department of Community Development not less than 48 hours before '
stakes are required. No claims shall be made because of delays if the contractors fall to give such notice.
The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become '
damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted
from the payment for the work.
Any work done without being properly located and established by base lines,offset stakes,bench marks,or •'
other basic reference points checked by the Construction Representative may be ordered removed and
replaced at the Contractor's expense.
,• OP46 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS
' The Contractor shall be responsible for the condition of all materials furnished by him,and he shall replace
at his own cost and expense any and all such material found to be defective in design or manufacture,or
which has been damaged after delivery. This includes the furnishing of all materials and labor required for
replacement of any installed materials which Is found to be defective at any time prior to the expiration of
one year from the date of final payment.
The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished
' for use in this project do conform to these specifications. Whenever standard tests are conducted,he shall
forward a copy of the test results to the City.
OP46 WATER
' All water required for and In connection with the work to be performed shall be provided bythe Contractor
at his sole cost and expense.
OP47 POWER
All power for lighting, operation of the Contractor's plant or equipment or for any other use by the
Contractor,shell be provided by the Contractor at his sole cost and expense.
' OP-18 SUPERINTENDENCE AND WORKMANSHIP
The Contractor shall keep on his work,during Its progress,a competent supednterdent and any necessary
' assistants. The superintendent shell represent the Contractor in his absence and all directions given tohim
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 shell be competent and wBHng to perform
satisfactorily the work required of them. Any employee who is disorderly,Intemperate or Incompetent or
who neglects or refuses to perform his work in a satisfactorily manner,shall be promptly discharged.
It Is called particularly to the Contractor's attention that only first class workmanship will be acceptable,
OP49 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 Wanual 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 h.
OP-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 sundae. Materials stored upon or alongside public streets
' and highways shall be so placed,and the work at all times shall be so conducted,as to cause the minimum
obstruction and Inconvenience to the traveling public.
1
All barricades,signs,lights and other protective devices shall be Installed and maintained In confonnNywlth •,
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 k.
OP-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 CNydoes '
not guarantee the accuracy of such Information. The Contractor shall make every effort to locate all
underground pipe lines, conduits and structures by contacting owners of underground utilities and by
prospecting in advance of the excavation.
Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not
shown bythe plans,or found In locations different then those Indicated,shall not constNutea claim forextre
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 entirelyat
the Contractor's expense. '
Utilities,otherthan 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 otdlrect conflict with the storm sewer conduit will be paid for In this manner. Sewersdamaged by
excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense.
OP-22 PROTECTION OF WORK AND PROPERTY N
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 subcontractor;and all public and private property including structures,
sewers and utilities above and below ground,along,beneath,above,across or near the she or sites of the
work,or other persona 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 orprotection '
of such property or utliifies.
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 ofemergency
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.
'• OP-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 e
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.
' OP-25 USE OF COMPLETED PORTIONS
If desired by the City,portions of the work may be placed In service when completed or partialdycompleted
' 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.
OP-26 ADDITIONAL,OMITTED,OR CHANGED WORK
' The Owner,without invalidating the Contract,may order additional work to be done in connection with the
Contract or may after or deduct from the work,the Contract sum to be adjusted accordingly. All such work
' shall be executed to the same standards of workmanship and performance as though therein Included.
The Engineer shall have authority to make minor changes In the work, not Involving cost, and not
Inconsistent with the purposes of the work.
Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay
quantities therefor as may be provided for In the Special Conditions, all changes and alterations in the
' terms or scope of the Contract shall be made under the authority of duly executed change orders issued
and signed by the Owner and accepted and signed by the Contractor. All work Increasing the cost shall be
done as authorized by the Owner and ordered in writing by the Engineer, which order shell state the
location,character,amount,and method of compensation. No additional or changed work shall be made
' unless In pursuance of such written order by the Engineer,and no claim for an addition to the Contractsum
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-28.
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 omMed 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 afteration 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-28. ,
(b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the
Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one ,
or more of the following methods:
1. Method A: By agreed unit price
2. Method B: By agreed lump sum '
3. Method C: If neither Method A or B can be agreed upon before the work Is started,then the work '
shall be by force account as per Section 109, Measurement and Payment, of the Missouri
Standard Specification for Highway Construction,as published by the Missouri State Highway and
Transportation Commission.
OP-27 SUSPENSION OF WORK
The Owner may at any time suspend the work, or any part thereof by giving ten (10)days notice to the '
Contractor In writing. The work shell be resumed by the Contractor within ten(10)days after the date Posed
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.
OP-28 OWNER'S RIGHT TO 00 WORK
If the Contractor should neglect to prosecute the work properly or fell 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 assignmentforthe benetR t
of his creditors,or If a receiver should be appointed on account of his insolvency,orl he should persistently
or repeatedly refuse or should fail,except In cases forwhich extension of ikne 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 bywhatever method he may deem expedient.
I� 1
'• 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.
' OP-30 CONTRACTOR'S RJQKT TO STOP WORK OR TERMINATE CONTRACT
If the work should be stopped under an order of any court,or other public authority,for a period of three
' months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may,
upon five(5) days written notice to the Owner and the Engineer,stop work or terminate his contract and
recover from the Owner payment for all work executed and any loss sustained upon any pdantor materiels
' and reasonable profit and damages.
OP-31 LOSSES FROM NATURAL CAUSES
' All loss or damage arising out of the nature of the work to be done,of from the action of the elements,or
from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other
natural or existing circumstances either known or unforeseen, which may be encountered in the
prosecution of the said work,shall be sustained and bome by the Contractor at his own cost and expense.
' OP-32 SUNDAY.HOLIDAY AND NIGHT WORK
No work shall be done between the hours of 5:00 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.
Nightwork may be established bythe Contractor as a regular procedure with the written permission of the
Ctty;such permission however,may be revoked at any time by the City if the Contractor fails to maintain
adequate equipment and supervision for the proper prosecution and control of the work at night.
' OP-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 workshali 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.
OP-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.
' OP-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 fororon
' 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 supplles 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.
OP-38 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.
OP-37 CONTRACT TIME '
The time for the completion of the work is specified and it is an essential part of the contract. The
Contractor will not be entitled to any extension of contract time because of unsuitable weather condition '
unless suspension of the work for such conditions was authorized in writing by the Engineer.
It 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,loll and weather ,
conditions are such as would permit any then major operation of the project for six(S)hours or over unless
other unavoidable condttions prevent the Contractor's operation. If conditions are such as to stop work in
less then sic(8)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.
OP-38 CONTRACT TIME EXTENSION '
The Engineer may make allowance for time lost due to causes which he deems juslificallon forextension of '
contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to
work due to causes beyond his control, he shall state his reasons in writing,furnish proof to establish his
claim and state the approximate number of days he estimates he will be delayed. Notice of Intention to
claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the
cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the
delay has ceased to exist.
GP-38 LIQUIDATED DAMAGES '
Time Is an essential element of the contract and it is therefore Important that the work be pressed
vigorously to completion. Should the Contractor or In case of default the surety fall to complete the work ,
wftNn 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 d ay th at su ch contract remains u n completed afte r the time al lowed 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 bythe 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 hems.
(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 limb 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%ofthe
amount of work completed to date shall be withheld.
(e) ACCEPTANCE AND FINAL PAYMENT
' Upon receipt of written notice that the work Is ready for final inspection and acceptance,the Engineer will
promptly make such Inspection, and when he finds the work acceptable under the Contract and the
Contract fully performed he will promptly Issue a final certificate,over his own signature,stating that the
work required by this contract has been completed and Is acceptable by him under the terms and
' conditions thereof, and the entire balance found to be due the Contractor, including the retained
percentage,shall be paid to the Contractor by the City of Jefferson within thirty(30)days after the date of
said final certificate,
' (q AFFIDAVIT OF COMPLIANCE
Monies due to the Contractorwill not be delivered to the Contractor without presentalbntothe Department
N of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form
attached to the back of these contract documents.
' OP41 RELEASE OF LIABILITY
The acceptance by the Contractor of the last payment shall operate as and shall be release to the owner
and every officer and agent thereof, from all claims and liability to the Contractor for anything done or
' furnished for,or relating to the work,or for any act or neglect of the Owner or of any person relating to or
effecting the work.
OP 42 CERTIFICATIONS
OP42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of aspheltic
concrete or portland cement concrete mixtures shall certify In writing that the product as
' supplied conforms fully with these specifications. Such certification shall be delivered In
triplicate to the Department of Community Development at least 24 hours before the
product Is to be used on the project.
' 01742.2 The City, at Its option, may perform or have performed such tests as may be deemed
necessary to further assure that only specified materiels are incorporated into the work.
OP43 LOCAL PREFERENCE
In making purchases or in letting contracts for the performance of any Job or service,the purchasing agent
shall give preference to all firms,corporations or IndtMuals which maintain offices or places of business
within the corporate limits of the City of Jefferson, when the quality of the commodity or performance
promised Is equal or better and the price quoted Is the same or less,
GP-44 PREFERENCE FOR U.S.MANUFACTURED GOODS •'
On purchases in excess of$5,000,the City shell select products manufactured,assembled or produced in '
the United States,If quantity,quality,and price are equal. Every contract for public works construction or
maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American
products in the performance of the contract.
OP-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 arry and
all bids and to waive all informalltles In bids recelvwl whenever such rejection or waiver is In their Interest.
OP-0 AFFIDAVIT OF COMPLIANCE WITH PU L1C WORKS'CONTRACTS
Upon completion of project and prior to final payment,each contractor and subcontractor hereundershali
file with the City of Jefferson,Missouri,Department of Community Development,anaffidevitslatingthatthe ,
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 term a
final payment until such affidavit is filed.
GP47 MISSOURI LABORER REQUIREMENT M
Whenever there Is a period of excessive unemployment in Missouri, which Is defined as any month t
Immediately following two consecutive calendar months during which the level of unemployment in the
State has exceeded five percent(5%)as measured by the U.S.Bureau of Labor Statistics in Its monthly
publication of employment and unemployment figures, only Missouri laborers or laborers from non-
restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. '
An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or
are incapable or performing the particular type of work involved, if so certified by the contractor or
subcontractor hereunder and approved by the Director of Community Development ofthe Ckyof 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 andthis 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 thatsfate,redetermined 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-" 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 affidevitstatlng that
the contractor or subcontractor has fully compiled with the provisions and requirements of Section 20D290,
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.
i
Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from
1 non-restrictive states,absent statutory exceptions,whenever there is a period of excessive unemployment
In Missouri,agrees to hold harmless and Indemnity 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 ofthe
contractor or subcontractor's failure to comply.
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'• SPECIAL PROVISIONS
' FORWARD: The provisions of this section take precedence over any other
provisions in these specifications.
' $p,, PARTIAL ACCEPTANCE OF BID
The City reserves the right to accept any part or ell of the bid for the project.
' JU. 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 I8-23 of the Information for Bidders will be submMfed at the
conference.
M4 PREVAIUNG 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 1 -20)
N Section 290285 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 ths;such notice shall remain posted during
' the full time,
j PROOF OF INSURANCE
All certificates of Insurance provided for this project shall be Insured directly from the company
affording coverage.Certification from a local agent Is not acceptable without the necessary
documents 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.
$!'$ TECHNICAL SPECIFICATIONS AND DETAILS
The Technical Spedlfccations 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,City of Jefferson Technical Specifications on file with the Department of Community
Development,Technical SpedRcations dated February 24,2005 by Thomas Y.Swenson and
contained in this document,General Provisions,Special Provisions,Plans,and any special or
specific Specifications as included In the contract documents.
All construction detalls included with the plans and attached hereto shall be used In constructing
this project. The provisions of this section take precedence over any other
• provisions in these specifications.
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jA SIDEWALK REMOVAL AND REPLACEMENT '
Contrary to the directives contained in the plans,removal and replacement of the sidewalk will be
bid as a separate Kom(see Scope of Work and Measurement and Payment Section).The
sidewalk shall be 4"thick Portland cement concrete(plain non-reinforced)and shall be built '
according to City of Jefferson standards,and include all sawcuts,expansion john materials,curing
compound,and all other materials,labor,services,equipment,and all other lnc)dentals necessary
to complete the work. Although not required for the sub-base beneath the sidewalk,rolled stone ,
base rock used to level the subgrade shall be considered incidental to the project.
$j?j PAVED AREA TRENCHING DETAIL(SHEET 15 OF THE PLAN SETT '
Contractor shall not be required to supply or install the final 11/2'layer of asphalt surface mix.
Contractor shall pour 8"layer of Portland cement concrete(PCC)within 1 12"of the existing grade. '
Contractor shall notify the City of Jefferson construction representative so that arrangements can
be made to apply the final 11/2'layer of asphalt surface mix. See additional scope of work and
measurement and payment regarding this Item since the construction of the paved area trench is
considered incidental to the trenching work item. '
RA SODDING DELETED FROM THE TECHNICAL SPECIFICATIONS
Contrary to the directives contained In the Technical Specifications,topsoil,fertilizer,seeding and ,
mulching shall be required rather than placement of sod. Please see'Trenching In Earth"bid item
for specific information.
SP-9 CHANGE TO SECURITY LIGHT TECHNICAL SPECIFICATION
The sentence contained under 2.10.3"Security Lights"In the Technical Specifications is hereby ,
changed from'GE Lighting Systems 201 SA Unit Pack(SAM-15-S-3-N-2-2-L-V5AS-C)"to read:
"Security fights shelf be Cooper Lighting Products OVZ—15- S -W -W-F-3 or approved '
equal(also known as"cobra lights").
0--V ADDITIONAL SCOPE OF ORK AND MEASUREMENT AND PAYMENT ITEMS '
The following items are listed in addition to the Weasurement and Payment'Section 4.0 of the
Technical Specifications contained in this document Where discrepancies exist In the scope of
work or the measurement for a particular item,these Items shall take precedence over those '
contained within the Technical Specifications.
a. 4"PCC Sidewalk Removal and Replacement '
This Item shall include all labor,material,equipment,and services necessary for the removal and
replacement of 4'Portland cement concrete at various locations throughout the project,and In
particular,those areas where poles are removed or where trenching Is required to hnstell conduit. '
Removal and replacement of sidewalk shall conform to the City of Jefferson Technical
Specifications on file with the Department of Community Development. Sidewalk shall be non-
reinforced,a minimum of 4'thickness,and Include sawed contraction joints,expansion joints,
curing compound,removal and disposal of existing sidewalk,optional leveling course of baserock
(If the Contractor deems this necessary),and all other Incidentals necessary to complete the work, •
The work shall also include the removal and replacement of handicapped ramps If they are within
the project limits. This Item will be measured and paid at the per square yard bid price. '
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'• b. Concrete Foundation(11141 Raised Base)
' This hem shall Include all labor,material,equipment,and services necessary for the Installation of
raised 8 W concrete foundations In accordance with the Technical Specification contained In this
' document and the plan sheet detail at the locations shown on the plans or as directed by the
Engineer. This hem will be measured and paid at the per each bid price.
c. Trenching in Street
' This Item shall Include all labor,materials,equipment and services necessary for the underground
directional boring,direct pushing,trenching,or other means used to Install conduit beneath the
' streets,alleyways,or other areas lying between the curb and gutter. This Item shall not Include
conduit installed beneath driveways,sidewalks,earthen or grassed areas,or areas where a more
suitable route can be established beneath an earthen or grassed area or greenway,or Immediately
adjacent to a sidewalk. Work shall Include the repair of the pavement in accordance with the plan
detail on sheet 15,with the exception that the final layer of surface asphalt to be Installed by the
City of Jefferson. Work shall not Include the repair and replacement of curb and gutter,and any
such curb and gutter repair and/or replacement shall be pail under a separate line Rem. Work
shall not include the replacement of concrete within drive approaches,and any such drive
' approach replacement shall be paid under a separate line Item. If Engineer deems that that a
more advantageous route exists under the greenway or under a non-paved area,or adjacent to a
sidewalk,or beneath a driveway,the Contractor shall perform'Trenching in Earth'to achieve the
' Installation of the conduit rather than`Trenching In Street",regardless of the actual"as-bulk"
location of the conduit.This Rem shall be measured and pail at the per Nnear foot bid price.
d. Trenching In Earth
This Rem shall Include all labor,material,equipment,and services necessary for the underground
directional boring,direct pushing,trenching,or other means used by the Contractor to install
' conduit beneath all other areas not covered under"Trenching In Street.' This includes,but Is not
limited to,dirt or grassed areas,greenways,driveways,the area Immediately adjacent to the
sidewalk,and all other areas behind the existing curb and gutter. Work shall Include placement of
topsoil,seeding,fertilizing,mulching for areas disturbed by the trenching operations. Work shall
' not Include the sidewalk replacement if it Is necessary for the Contractor to install conduit along a
short distance across the sidewalk in order to install a crossing to the other side of the sidewalk.
This Item will be measured and pail at the per Nnearfoot.
' e. Remove and Replace Type A Curb and Gutter
This Rem shall Include all labor, material,equipment,and services necessary for the removal and
replacement of Type A portiand cement concrete curb and gutter at various locations within the
project limb. Work shall Include construction of Type A curb and gutter in accordance with the
City of Jefferson Technical Specifications on file at the Department of Community Development.
' Work shall Include disposal of removed materials. This Rem shall be measured and paid at the per
linear foot bid price.
f. Remove and Replace Driveway Sections
' This hem shall include all labor,materials,equipment,and services necessary for the removal and
replacement of a e"thickness portland cement concrete beneath driveway approaches when
' required to install conduit..Work to Include full-depth sawcutting. Limps of driveway section
removal shall be approved by the Engineer prior to sawcutting. This Rem shall be measured and
• pail at the per square yard bid price.
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g. Rmmovals •
This Rem shall Include all labor,materials,equipment,and services necessary to remove the '
existing poles,Including any ancillary fixtures,service cables,service lines,traffic signal cables,
traffic signal lines,luminaries,lighting fixtures,signs,and all other appurtenances connected to, '
either directly or indirectly,to the pole to be removed. Poles to be removed include wooden poles
and/or metal poles. Contractor to coordinate the removal of existing cables,lines,appurtenances,
_. ..._._..__stays,and all other items either directly or Indirectly attached to the pole with the respective utility
company. All other requirements concerning these pole removals in Section 3.01 of the Technical ,
Specifications apply,with the exception that measurement and payment for this item shall be made
at the per enh pole removal bid price.
END OF SPECIAL PROVISIONS
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TECHNICAL SPECIFICATIONS
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MISS��i,�A
f THOMAS G.
=9*" SWENSON �^
NUtiiBER
E•21A4Fi ��m ENGINEER
Z4- tv 5-
F111°/t1 GATE
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STREET LIGHTING •1
1.0 Description. This section governs the furnishing of all labor, materials and equipment for '
the installation and testing of a complete, operational lighting system as specified in the
following specifications, as shown on the plans, as directed by the Engineer, and those sections
of the Jefferson City Technical Street Specifications (hereinafter called "City specifications") that '
are either directly or by reference included herewith.
1.1 Revision of Standards. When reference is made to a standard (ANSI, ASTM, IES, etc.) ,
the standard referred to shall be the latest revision of said standard as amended at the time of
the Advertisement for Bids, except as noted on the plans or in these specifications.
1.2 Throughout these specifications, the term "Engineer" shall mean the Engineer in charge of '
inspecting the project or an approved representative of the City of Jefferson, Missouri.
2.0 Equipment and Materiels. 1 '
2.01 This section governs the furnishings of all luminaries, poles, cable, and other materials as
required to complete the street lighting work as shown on the plans and as provided for in these ,
specifications.
2.02 Concrete. Concrete for foundations, pads, and sidewalks shall be in accordance with the '
City specifications, whether reinforced or nonreinforced.
2.03 Reinforcing Steel. Reinforcing steel shall be placed as shown on the plans and shall
conform to ASTM A615, Grade 40 or 60.
2.04 Conduit. Conduit shall be placed as shown on the plans. Conduit and fittings shall be
rigid Polyvinyl Chloride, Schedule 40 and shall conform to NEMA Standard TC-2. Conduit, ,
fittings, and cement shall be supplied by the same manufacturer.
2.04.1 Cable-Conduit. Contractor has the option to use the cable-conduit combination in place ,
of separate conduit, distribution cable, and ground wire.
2.05 Anchor Bolts. Anchor bolts shall be of the size, length, and deformation as shown on the '
plans or described In these specifications and shall conform to ASTM A307. Nuts, washers,
and no less than the top eight (8) Inches of the bolts shall be galvanized (2.02 ounces per
square foot) as specified by ASTM A153. Nut dimensions shall conform to requirements of '
ANSI 818.2 for heavy semi-finished hex nuts. Washer dimensions shall conform to ASTM
F436.
2.06 Cable. '
2.06.1 Service Cable and Distribution Cable. Cable shall be stranded annealed copper,
single conductor cables for operation at 600 volts maximum, sized as shown on the plans. '.
Material shall meet the applicable requirements of I.P.C.E.A. Standard S-19.81, with
thermoplastic insulation of GRS-Rubber based meeting Appendix K (A) of I.P.C.E.A. and listed
by U.L. as Type U.S.E. for direct burial; or material shall meet the applicable requirements of ,
I.P.C.E.A. Standard S-66-524, Interim standard #2, with thermo setting insulation of cross link
polyethylene meeting the requirements of Column "A" of I.P.C.E.A. and listed by U.L, as Type •
U.S.E. RHW-75° C. '
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'• 2.06.2 Pole and Bracket Cable. Cable above handhole to luminaire shall be single conductor
' with minimum 600 volt rating, No. 12 A,W.G. Type THHNJTHWN. Conductor shall be stranded,
annealed copper.
' 2.07 Control Center. Control center shall be an underground service type, rated for 300A, 240
volts. Pedestal shall be heavy gauge steel raintight construction with individual meter, panel,
contactor, and rear service pull 'compartments". Meter and panel compartments shall have
' • piano hinged doors with padlocking provisions. Meter bases shall be of the type used by the
local utility and shall include internal bypass mechanisms as specified by AmerenUE,
Panelboards shall have copper buss and shall accept 1-inch plug-in breakers manufactured by
GE, Westinghouse, or ITE. Panelboard compartment shall contain photocell and test switch.
All factory installed wire shall be copper. Control center shall be U.L. listed. Pedestal finish
shall be bronze baked enamel conforming to ASTM-1317 specifications over corrosion resistant
primer. Control center shall be Myers MEUGQD-Ml50/50-JCMO or MEUGQD-M100/50-JCMO
' or approved equals.
2.08 Photocell. Photocell shall be cadmium sulfide type, 1200 watt, single pole, double throw,
' twist lock mounting, 105-240 volt operation with a turn-off of less than 2.0 footcandles.
2.09 Poles. Two types of poles are specified in the plans. Square poles are to be used along all
' streets and wood poles are to be used in the alleys.
2.09.1 Square Pole. Square poles shall be straight aluminum poles, square in section,
Lexington Standard Corporation Model Number 3000-60606Q4-BZ. The color of these poles
N shall be anodized bronze. Eleven (11) poles on the Central Bank property shall have the
brushed aluminum finish, Lexington Standard Corporation Model Number 3000-6060604.
Approved equals will be accepted.
A. Pole shaft shall have an internally mounted vibration damper,
B. Handhole cover shall be secured with white nylon hexhead cap screws. Also, a
12-inch long #38 aluminum sash chain (or equivalent) shall be provided to
connect the handhole cover with the handhole frame or Inside of pole.
C. The 14 poles that will have flood lights attached to them should include a tenon
on the top of the pole with a diameter measuring 2-3/8". These poles will be
' Lexington Standard Corporation Model Number 3000-6060604-BZ-P2.
2.09.2 Wood Pole. Wood poles shall be of the Southern Pine species as defined in ASTM
D1165. All poles shall conform to the requirements of ANSI 05.1, Class 4. All poles shall have a
' minimum diameter of 6 3/, inches measured at the top of the pole. Poles shall be treated with
Phentachloropehnol and Ammoniacal Copper Arsenate (ACA) or Chromated Copper Arsenate
(CCA) In accordance with APWA Specification C4. The minimum retention of each of the
' preservatives shall be 0.38 and 0.60 pounds per cubic foot of wood respectively.
2.10 Junction Box. Junction boxes shall be 12"x12"x4" watertight NEMA 4 enclosures.
' Junction boxes shall be designed for external mounting. They shall be stainless steel or PVC
with ''/. inch minimum wall thickness. All connections to the boxes shall be watertight including
• the covers, which shall be removable.
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2.10 Luminaires. Lighting fixtures shall be as Indicated. The details, shapes, and dimensions •1
are indicative of the general type desired, but are not Intended to restrict selection to fixtures of
any particular manufacturer. Lighting fixtures must be approved by the City. '
2.10.1 Rectilinear Luminaire. Single luminaires shall be Gardco Lighting Form Ten EH Arm
Mount (EH19-1-1-250MH-240-BRA). The Double luminarie shall be Gardco Lighting Form Ten '
EH Arm Mount (EH 19-2-1-250MH-240-BRA). Approved equals will be accepted.
A. ' The colof of each luminalre shall match the pole. ,
B. Ballast shall be a regulator type, high power factor (0.90 or better) for high
pressure sodium at a voltage of 120/208/240/277 volts. The ballast shall be ,
preset for 240-volt operation. The ballast shall be capable of reliably operating
the lamp with a line voltage varying plus or minus 10 percent from normal.
2.10.2 Floodlight. Floodlights shall be GE Lighting Systems PF-400 Powerflood (PF4S-25-S-3- '
A-1-6X6-DB-K). Approved equals will be accepted.
A. The color of each luminaire shall match the pole as close as possible. '
B. Ballast shall be a regulator type, high power factor (0.90 or better) for high
pressure sodium at a voltage of 120/208/240/277 volts. The ballast shall be ,
preset for 240-volt operation. The ballast shall be capable of reliably operating
the lamp with a line voltage varying plus or minus 10 percent from normal.
2.10.3 Security Light. Security lights shall be GE Lighting Systems 201 SA Unit Pack (SAM-15- N
S-3-N-2-2-1-45AS-C). Approved equals will be accepted.
A. Luminaire bracket arm and mounting hardware shall be included with the fixture. '
B. Ballast shall be a regulator type, high power factor (0.90 or better) for high
pressure sodium at a voltage of 120/20B/2401277 volts. The ballast shall be '
preset for 240-volt operation. The ballast shall be capable of reliably operating
the lamp with a line voltage varying plus or minus 10 percent from normal.
2.11 Lamps. All lamps for rectilinear luminaries and floodlights shall be 250-watt clear high ,
pressure sodium vapor, rated 27,500 initial lumens with a 24,000 hour rated average life.
Lamps for security lights shall be 150-watt clear high pressure sodium vapor, rated 16,000 initial ,
lumens with a 24,000 hour rated average life.
2.12 Submittals. Within ten (10) days following the date of the award of the contract, the '
Contractor shall submit four copies of a complete schedule of equipment and materials
proposed to be installed for approval. Detailed shop drawings shall be submitted for
manufactured equipment. Manufacturer's bulletins, leaflets and other descriptive data which
contain cuts, dimensions, specifications, and wiring diagrams will be acceptable for standard ,
cataloged equipment. Such bulletins, leaflets and other descriptive data shall be clearly marked
to show which item is to be used and which paragraph of the contract specification it is to
satisfy. Orders shall not be placed until written approval is obtained from the Engineer. The 1
Engineer may delay the notice to proceed or suspend work until all submittals have been made •
and approved.
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2.13 Traffic Control. All necessary traffic control shall conform to Missouri Department of
• Transportation (MoDOT) specifications, Section 902.
' 2.14 Spare Equipment. Spare equipment included in the contract shall conform to these
specifications and shall be from the same manufacturer and of the same style, model, etc., as
' equipment installed on the project. Spare equipment should include three (3) poles and three(3)
luminaries. The spare items shall be delivered to the City at a place and time mutually agreed
on by the Contractor and the Engineer.
' 3.0 Construction Requirements.
3.01 Removals. Items noted to be removed include existing poles and fixtures as well as
' service, street lighting and traffic signal cables. Existing poles and luminaries to be removed will
be delivered to the owner of the fixture at a place and time mutually agreed on by the Contractor
and the owner of the fixture. Eleven (11) of the existing poles to be removed are located on the
property of Central Bank, and the poles are owned by the bank. One (1) existing pole to be
removed near City Hall is the property of the City of Jefferson, Missouri. All other poles to be
removed are the property of AmerenUE. All poles, luminaires, and wiring that is property of
AmerenUE shall be wasted by the contractor. The exact location of these poles is noted in the
plans. Luminaries shall be removed from the poles before the poles are removed from the
foundations. The Contractor shall be responsible for repairing any damage incurred while
removing, storing, or transporting these items. If deemed irreparable by the Engineer, the
Contractor shall replace the damaged item with new stock of equal or better quality. Cables to
be removed shall be properly wasted by the Contractor. Abandoned cables shall be de-
energized, taped, and labeled "abandoned".
N3.02 Excavation. The Contractor shall perform all excavation for installing underground
conduits, boxes and pole bases in whatever substances encountered, to the depths indicated
' on the plans or otherwise approved. During excavation, material suitable for backfill shall be
piled in an orderly manner a sufficient distance from the excavation to avoid slides. All
excavated materials not required or unsuitable for backfill shall be removed and wasted on a
site(s) obtained by the Contractor.
3.03 Backfilling. All excavated areas shall be backfilled and compacted in accordance with the
' plans and City specifications. Backfill for trenches in unpaved areas shall be deposited in not
over 6-Inch layers and tamped to 95 percent density t 3 percent moisture. The top 6 inches of
backfill shall be select soil suitable for sodding. After backfilling, all disturbed areas shall be
' kept well filled and maintained in a smooth and well drained condition until permanent repairs
are made.
3.03.1 Backfill around wood street light poles shall be concrete, with the minimum compressive
strength of 2,000 psi.
3.04 Sodding. All disturbed grass areas shall be sodded. The type of sod to be used will be
' the same as was in place prior to construction. Sodding shall be completed in accordance with
the City specifications.
' 3.05 Replacing Damaged Improvements. Improvements such as sidewalks, curbs, gutters,
Portland Cement concrete pavement and asphaltic concrete pavement, and any other
• improvements removed, broken or damaged by the Contractor shall be replaced or
' reconstructed with the same kind of materials as found on the work or with materials of equal
quality. The new work shall be left in a serviceable condition satisfactory to the Engineer. •'
Wherever a part of a square or slab of existing concrete sidewalk, driveway, or pavement Is
broken or damaged, the entire square of slab shall be removed and the concrete reconstructed ,
as specified above.
3.06 Concrete Foundations. The bottom of the concrete foundations shall rest on firm ground, ,
and foundations shall be poured monolithic. The exposed portions shall be formed to present a
neat appearance. Forms shall be true to line and grade. Top of foundations, except raised
foundations, shall be finished to curb or sidewalk grade, or as directed by the Engineer. Top of '
raised foundations shall be 2-1/2 feet above the adjacent ground line. Forms shall be rigid and
securely braced in place. Conduit ends and anchor bolts shall be placed in proper position, to
proper heights, and held in place by means of a template until the concrete sets. Anchor bolts ,
shall be provided with hex head nut, flat washer and lock washer. Both forms and ground which
will contact the concrete shall be thoroughly moistened before placing concrete.
3.06.1 Concrete shall not be placed until forms and reinforcing steel have been checked and '
approved by the Engineer. Placement of concrete shall be witnessed by the Engineer.
3.06.2 Concrete foundations shall be consolidated by an Internal type vibrator. The amplitude ,
of vibration shall be adequate to consolidate concrete properly. The concrete shall be cured
with an approved moisture barrier such as wet burlap, polyethylene, etc., for a period of
seventy-two (72) hours. Cold weather curing shall be maintained above freezing for the entire '
curing period. Forms shall not be removed until the concrete is thoroughly set. Following the
removal of forms, the exposed portion shall be patched and smoothed to provide a neat,
finished appearance.
3.06.3 Following erection of poles, the Contractor shall install grout (mortar) between the pole
base and concrete foundation in accordance with the manufacturer's recommendations. '
3.07 Conduit. All conduit shall be Schedule 40 PVC. Installation shall conform to the
appropriate articles of the National Electrical Code. All conduit for distribution cable shall be two
Inches in diameter. '
3.07.1 Conduit shall be joined using materials and methods recommended by the manufacturer.
The interior shall be sufficiently smooth to prevent cable damage during pulling. '
3.07.2 Conduit bends, except factory bends, shall have a radius of not less than six (6) times
the inside diameter of the conduit. Where factory bends are not used, conduit bends shall be ,
made without crimping or flattening, using the longest radius practicable.
3.07.3 Trenches shall be sufficiently deep to ensure that the top of the conduit is not less than '
twenty-four (24) Inches below final grade. The bottom of the trench shall be undisturbed,
tamped or relatively smooth earth. Where the trench is in rock or rocky soil, the conduit shall be
placed on a 6-Inch layer of clean, tamped backfill.
3.07.4 Conduit set in concrete foundation shall extend approximately three (3) inches above the
foundation vertically. Conduit entering pull boxes shall terminate two (2) inches inside,the box
wall and shall be sloped to facilitate the pulling of cable. '
3.07.5 Existing underground conduit to be incorporated Into the new lighting system shall be •
cleaned with a mandrel and blown out with compressed air. '
3.07.6 The location of conduit runs shown on the plans are approximate and may be changed
with permission of the Engineer to avoid underground obstructions,
3.08 Cable-Conduit. The cable-conduit combination shall be Installed in a trench of the type
specified. Cable-conduit runs shall be continuous without splice between control panel,
handholds, pull boxes and poles. All conduit ends shall be sealed around the cables with an
approved readily-workable, soft sealing compound. The compound shall be workable at
' temperatures as low as 30 F and shall not melt or run at temperatures as high as 175 F. Cable-
conduit shall be allowed to "snake" in the trench, but there shall be no sharp bends and if two or
more assemblies are placed in a common trench, they shall not cross each other. For concrete
foundations, rigid conduit of sufficient size to facilitate the pulling of cable-conduit shall be cast
' in the foundation as shown on the plans. The cable-conduit shall then be cut off
circumferentially approximately 6 inches above the base plate In the transformer base or pole,
leaving the cables exposed for connection. Where placed under paved roadways, other paved
' areas and any type of shoulder, the cable-conduit shall be Installed in rigid conduit. Standard
commercial duct fittings shall be used to connect conduit of cable-conduit to rigid conduit, and
the cables shall continue without splice through the conduit to the nearest pole base or pull box.
' 3.08.1 The ground wire shall be attached to the ground rod adjacent to each pole and control
center,
' 3.09.2 Splices shall be made only in pull boxes and pole bases. No more than four cables shall
be spliced in above-ground tee splices in pole bases. No more than three pairs of power cables
shall be spliced at any other location. Straight or line splices shall only be made in pole bases,
After a conductor splice is made, it shall be insulated with a protective rubber boot designed for
the pre-molded connector. All above ground-tee splices shall be accomplished with a splice
block with a molded plastic Insulating cover. The splice block shall be designed for the wire size
' used, have one port per wire, and the wires secured with set screws. The set screw holes shall
be protected with removable plugs. Any required taping shall be accomplished with successive
layers of Scotch No. 23 Electrical Tape and then wrapped with three layers of Scotch No. 88 All
' Weather Electrical Tape. The total diameter of the taped splice shall be approximately 1.112
times the diameter of the spliced conductor covering.
' 3.09.3 Underground cables splices, if specified, shall be made in a pull box. Straight or line
splices shall be made with copper-clad pressed sleeves or an approved equivalent. Tee splices
' shall be made with a pressed sleeve, split or unsplit type or an approved equivalent. All splices
shall be protected with a resin splice kit installed in accordance with the manufacturer's
recommendations. The resin splice kit shall consist of a protective plastic case designed for the
type of connector used, filled with a resin insulating compound mixed in accordance with the
manufacturer's recommendations.
3.09.4 Cables shall be pulled though rigid conduits by a cable grip providing a firm hold on
' exterior coverings, Cable shall be pulled with a minimum of dragging on the ground or
pavement. Frame mounted pulleys or other suitable devices shall be used for pulling cables out
of conduits Into pull boxes. Lubricants may be used to facilitate pulling cables. Slack in each
cable shall be provided by a 6-foot loop coiled in each pull box. Where cable-conduit enters a
pull box, conduit shall be cut away from cables in accordance with Section 902.5.1.1 of the
• Missouri Department of Transportation (MoDOT) specifications.
3.10 Pull Boxes. Pull boxes shall be installed at the locations shown on the plans. The �1
Contractor may Install, at his own expense, such additional boxes as may be desired to facilitate
the work upon approval of the Engineer. '
3.10.1 Pull boxes shall be Installed on at least (8) inches of crushed rock as shown on the plans
or as otherwise directed by the Engineer. Boxes shall be installed so that the covers are level '
with the surrounding grade.
3.11 Wiring. The lighting system shall be wired and installed as a 240-volt system. '
3.11.1 Wiring shall conform to the appropriate articles of the National Electrical Code. No
splices of cable will be permitted outside of pull boxes or pole bases. '
3.11.2 Powdered soapstone, tale or other approved lubricant shall be used when installing
cables in conduit. All cable to be installed In one conduit shall be pulled by the Contractor in
one operation, and all ends shall be taped to exclude moisture and shall be so kept until the '
splices are made or terminal appliances attached. Ends of spare conductors shall be taped,
3.11.3 All splices in pull boxes shall be made with appropriate compression "C" top connectors '
and two-way connectors. Such splices shall be carefully wrapped with successive layers of
Scotch No. 23 Electrical Tape and then wrapped with three layers of Scotch No. 88 All Weather
Electrical Tape, The total diameter of the taped splice shall be approximately 1-1/2 times the ,
diameter of the spliced conductor covering.
3.11.4 One foot of slack shall be left at all control centers and pull boxes for splicing and
connecting wires. Wiring within boxes shall be neatly arranged and laced up. Wires shall be
color-coded and circuits permanently identified in accordance with designations used on the
plans. ,
3.11.5 All splices In light pole bases shall be made with in-line, weatherproof, breakaway
fuseholders. Fuses shall be 3-amp KTK high Interrupting fuses for the luminaries. Sufficient
slack shall be provided in the spliced cables so that the fuseholder can be brought at least one
foot out of the pole,
3.11.6 Luminaries not equipped with terminal blocks shall be connected to the pole and bracket '
cable with approved butt connectors.
3.12 Grounding. Each pole and control center shall be grounded with both individual grounds '
and system grounds. A 5/8-Inch by 8-foot coppenaeld ground rod shall be Installed adjacent to
each pole and control center so that the top is six (6) inches below ground level, A #6 A.W.G.
(#4 A.W.G. for control centers) bare copper grounding conductor shall be fastened to the '
ground rod with a thermit weld or compression clamp. The grounding conductor shall go
through a 1-inch PVC conduit bend and the other end fastened to the grounding conductors and
ground lug in the pole base (neutral bus and enclosure in the control centers).
3.13 System Testing.
3.13.1 Cable Testing. Prior to final inspection, the Contractor shall test all cables for '
unscheduled grounds. Each conductor shall be tested to ground with a megohmeter at 500
volts. Readings in each case shall be infinity. •
1
'• 3.13.2 Operational Testing. Prior to acceptance, the entire system shall operate satisfactorily
for seven consecutive days. Satisfactory operation is: Turn on at dusk, all lights operate
continuously until dawn, turn off at dawn, all lights remain off until turned on again at dusk.
4.0 Measurement and Payment.
t4.01 This section governs the method of measurement and basis for payment for the furnishing
of all labor, equipment, tools and materials and for the performance of all work necessary to
' complete any construction and installation covered by the plans and these specifications.
4.02 Items Not Listed in the Proposal. There shall be no measurement or separate payment
of any Items of work not specifically identified or listed in the proposal and all cost pertaining
thereto shall be Included In the contract unit prices for other Items which are listed in the
proposal.
' 4.03 Method of Measurement.
4.03.1 Luminaires. Luminaires will be measured per each for each type listed in the proposal.
' Lamps will be considered subsidiary.
4.03.2 Poles. Poles will be measured per each for each type listed in the proposal, Pole and
' bracket cable will be considered subsidiary. For wood poles Junction boxes, conduit on poles,
service entrance heads, and all fasteners will be considered subsidiary.
N 4.03.3 Concrete Foundations. Concrete foundations for poles will be measured per each for
each type listed In the proposal. Anchor bolts, nuts and washers, and grounding will be
considered subsidiary.
' 4.03.4 Conduit. Conduit will be measured along the conduit from center to center of facility per
linear foot. Trenching, backfilling and conduit extended up at foundations and pads will be
considered subsidiary.
' 4.03.5 Underground Cable. Underground cable will be measured along the conduit fine from
center of facility to center of facility, per linear foot of each size of cable Installed. Five feet shall
' be added to the measured length for each entry into and for each exit from a foundation, control
center, transformer, and pull box. The length of excess cable required to be racked in each
AmerenUE manhole or service box shall also be added to the measured length. For
' measurement purposes, a cable is defined as a single conductor cable. Fuseholders will be
considered subsidiary.
4.03.6 Control Centers. Control centers will be measured per each for each type listed in the
' proposal. Grounding, photocell, and concrete pad will be considered subsidiary.
4.03.7 Pull Boxes. Pull boxes will be measured per each for each type listed in the proposal.
' 4.03.8 Removals. Removals will be measured as one per contract.
' 4.03.9 Traffic Control. Traffic control will be measured as one per contract.
• 4.03.10 Spare Equipment. Spare equipment will be measured per each for each type listed in
' the proposal.
4.04 Basis of Payment. Payment for the completed and accepted work will be made at the •
contract unit bid price. ,
1
1
' 1
•
OF J
1 City of Jefferson ? �^ John Landwehr
• — I I Mayor
' Department of Community Development Patrick E.Sullivan, P.E.;Director
320 East McCarty Street Phone: (573)634-6410
Jefferson City,Missouri 65101 Fax: (S73)634-6562
March 3, 2006
Subject: Street Lighting Improvements in the Downtown Area—Phase II
Project No. 32050
' Pre-bid Conference Notes
A pre-bid conference was held in the Missouri River Conference Room of City Hall on Tuesday,
February 28, 2006 for the above noted project. Those attending the meeting are as listed below:
NAME REPRESENTING PHONE .
' Doug Rutherford Meyer Electric, Inc. (573) 893-2335
Gene Williams City of Jefferson, Community Dev. (573)634-6547
Britt Smith City of Jefferson, Community Dev. (573) 634-6450
' John Voss City of Jefferson, Community Dev. (573)634-6410
Barb Touchette City of Jefferson, Community Dev. (573)634-6517
NThe 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:
' CONTRACT TIME: 105 working days
BID OPENING: Tuesday, March 7, 2006 at 1:30 p.m.
' LIQUIDATED DAMAGES: $500,00 a day.
ADDENDUM: There is no addendum for this project.
' No questions will be allowed after 12:00 PM, Thursday, March 2, 2006 at 12:00 noon.
' PLAN REVIEW:
Working days will be determined between the City Inspector and the contractor. A working day does
not Include Saturdays, Sundays, City holidays or rain days — where 6 hours of work can not be
completed, nor do working days count December 15 through March 15.
• City
e CO MMUNe ITY r s o n `buildin g a better community"
DEVELOPMENT 9 w
1
'• There will be two different line items for trenching; one for trenching in the earth and one line for
' trenching in the street. Directional boring will be acceptable. There Is a line item for sidewalk removal
and replacement as well as for driveway removal and replacement. The majority of trenching will be in
the streets.
' A line Item was added for raised concrete base, 2 '/z' above grade and 6' in the ground. We did change
the removals from a lump sum to a per each pole price. Some will be metal poles with foundations, and
in these cases chip down 2' below grade per specs. If installing a foundation for a pole in solid rock, It
will be acceptable to bore 2 feet Into the rock as long as the minimum depth is 4 feet from grade to the
bottom of the foundation.
' A few other Items changed:
■ Security light definition was changed to the new Cobra light. Model numbers are available in
the specifications.
' ■ Concrete pad for the control center is subsidiary to the control center.
■ Pole and bracket cables are also subsidiary to the project Instead of a separate line item.
■ Ground rods and photo cell for the one control center will also be subsidiary. We will pay for
' grounding rods separately for the poles. The base and fixture need to be grounded.
There will be some Sprint relocation underground along Jackson Street from Miller to High Street.
' Bid opening is Tuesday, March 7t' at 1:30 p.m. Approximate April 15 — May 15 time for Notice to
Proceed. We would like to have this phase done before Christmas season (mid November).
NQUESTIONIANSWER: (Received at the prebid meeting and those received by telephone, fax�o_r
letter prior to 12:00 PM Thursday, March 2, 2006)
' QUESTION: Who will determine whether a day is a "working day" or a rain day?
ANSWER: The construction Inspector will make this determination. In addition, Saturdays, Sunday,
and City holidays are not counted as working days.
Sincereelly,-
Gene A. Williams, P.E.
Division Director Engineering
' GAW:bIt
' c: Plan Holders
Meeting Attendees
Project File
Writer's File
• T or „:,,,
f e r s o n � ( "building a better community”
OMMUNITY DEVELOPMENT ju V
1
. FINANCE DEPARTMENT
• PURCHASING DIVISION
SUBJECT: Bid 2268- Street Lighting Improvements in the Downtown Area- Phase II
Projects No. 32050 Community Development,Engineering,
Opened March 7, 2006
BIDS RECEIVED:
Meyer Electric, Inc., Jefferson City, MO $ 786,874.75
Four additional vendors were contacted and plans and specifications were sent to six plan houses.
FISCAL NOTE:
3502-9900-7350-4105 -Downtown Lighting Project
2005-2006 Budget $ 385,000.00
Expended 212,237.23
Encumbered 132,785.82
• Bid No. 2268 $ 786.874.75
Balance (- $746,897.80)
Funds will be transferred into this account from the following accounts:
3502-9900-7350-4030 - Misc. Neighborhood Improvements $ 4,502.00
3502-9900-7350-4096 - South Country Club Drive $ 60,238.71
3502-9900-7350-4102 - Dix & Industrial intersection $172,402.00
3502-9900-73504107 -Major Road Improvements/Extensions $509.757.00
TOTAL $746,899.71
PAST PERFORMANCE;
Meyer Electric, Inc. was awarded Phase I of the Downtown Lighting Project and has performed
work as specified and bid.
RECOMMENDATION:
Staff recommends award of the bid to Meyer Electric, Inc., of Jefferson City, Missouri in the
amount of$786,874.75.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Tabulation of Bids, Departmental Recommendation
• Signatur __
Purchasqng jcnt erector, om +ntfy Development
• 1.1ltYl W
111
1 of erson
• 1 COMMUNITY DEVELOPMENT Memorandum
•�nlma[.•uwvul.Lq ou[eme
320 East McCarty Street • Jefferson City, Missouri 65101
Phone,. (573) 634-6410 • Fax (573) 634-6562 •www.jeffcltymo.org
Date: March 9,2006
To: Y-Terry Stephenson- Purchasing Agent,Finance
From: Gene Williams, P.E.—Division Director of Engineerinp C,�o/)
Subject: Street Lighting Improvements in the Downtown Area—Phase tt
Project No.32050, Bid No. 2268
Engineering has completed a review of the bids opened at 1:30 PM on March 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 contractor. Attached to this memo is the tabulation of
the one bid (1) that was received for the project. Two companies bought plans for this project.
Based on our review, we recommend acceptance of the base bid from the only bidder Meyer
• Electric Company Inc., P.O. Box 1013, Jefferson City, MO 65102. The bid total $786,874.75.
The project will be expensed as follows:
Mayer Electric Company Inc. Contract ($786.874.76:
Account Number: Amount Available: Required: Remaining:
3502-9900-7350-4105 $786,876.66 $786,874.75 $1.91
Total $786,874.75
If you need any other information please feel free to contact me at extension 547.
Attachments:Bid Tabulation Sheet
Original Bid Submittals
C: Pat Sullivan
Matt Morasch
•
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