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HomeMy Public PortalAboutORD13598 BILL NO. 1103-11 SPONSORED BY COUNCILMAN Vogel and Gordon ORDINANCE NO.. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR THE LINDEN DRIVE SIDEWALK, PHASE 3. WHEREAS, Concrete Engineering, LLC has become the apparent lowest and best bidder on the Linden Drive Sidewalk, Phase 3 project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.. The bid of Concrete Engineering, LLC is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute all agreement with Concrete Engineering, LLC for the Linden Drive Sidewalk, Phase 3. Section 3. The agreernent 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: Approved:_ Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Cidk City Counselor is 1 - �t ii �S �t CONTRACT DOCUMENTS J P� ,r<r► '���' APR 'rp rQ A�w i 7 r ' CITY OF JEFFERSON r j SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. STP-3.100(509) Phase 3 Linden Drive Sidewalk E •�� LCR :►� NUMBER E-22510 a 0; (CPO �. Jefferson City Department of Community Development 1 August, 2003 F:\CONTRACT DOCUMENTS\L inden Drive Sidwalk.wpd June 24•2003 TABLE OF CONTENTS • Advertisement for Bids • Notice to Bidders • Information for Bidders i • Bid Form * • Bid Bond * • Anti-Collusion Statement • Contractor's Affidavit * • Disadvantaged Business Enterprise Contract Provisions* • Document of Good Faith Effort to Meet the DBE Contract Goal* • Participation by DBEs* • Identification of Participating DBEs* • Certification Regarding Disbarment, Eligibility, Indictments, Conviction of Civil iJudgements* • Certification Regarding Equal Opportunity & Affirmative Action in Subcontracting* • Affidavit of Compliance with Prevailing Wage Law • Prevailing Wage Determination • Affidavit of Compliance - Public Works Contracts Law • Excessive Unemployment Exception Certification • Notice of Award • Construction Contract • Performance, Payment, and Guarantee Bond • Notice to Proceed • General Provisions • Special Provisions • Technical Specifications • No Second-Tier Subcontracting • Buy American Policy • Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity • Standard Federal Equal Employment Opportunity Construction Contract Specifications • Supplemental Reporting Requirements • Temporary Project Water Pollution Control (Soil Erosion) • Inspection by Department and Federal Highway Administration (FHWA) • Certification Regarding Lobbying Activities • Nondiscrimination in Employment • Operating Policy Statement • Differing Site Conditions, Suspension of Work and Significant Changes in the Character of Work • Required Contract Provisions Federal-Aid Construction Contracts ' • Required Governmental Environmental Clearance Letters • Addenda (if any) * - 7 ' ( INDICATES ►T HIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) APKERTMIS Mf IN_ F_Q_BJ31DS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 IPM, on Tuesday, August 5, 2003. 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. STP-3100509) Phase 3, Linden Drive Sidewalk"will include the furnishing of all material, labor,and equipment to construct approximately 2,172 linear feet of a varying 4 to 5 foot wide, 4 inch thick portland cement concrete sidewalk. Construction shall consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements. The City of Jefferson hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertizement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. A pre-bid conference will be held at 10:00 AM, on Tuesday, July 22, 2003 in the Lower Level Conference Room of City Hall of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required forbidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of$35.00 will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirernents 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 JEF=FERSON Ttr1e p son Purchasing Agent Publication Dates Sunday July 6, 2003 FA20011obs11104-LINDF.N ST-SID[WALKUnden Drive Sidewalk.wpd June'16,2003 NOTICE TO 131DD E;RS Sealed bids will be. received at the Office of the Purchasing Agent, City Mall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 PM on Tuesday, August 6, 2003. 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. STP-3100(509) Phase 3, Linden Drive Sidewalk"will include the furnishing of all material, labor, and equipment to construct approximately 2,172 linear feet of a varying 4 to 5 foot wide, 4 inch thick portland cement concrete sidewalk. Construction shat! consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements. A pro-bid conference will be held at 10:00 AM, on Tuesday, July 22, 2003 in the Lower Level Conference Room of City Hail of City Mall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri, Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of$35.00 will be required for each set of plans and specifications. Individual full size sheets of the plans maybe obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Patrick E. Sullivan, PE Director of Community Development FACONTRACT DOCUMENTML-iriden Drive Sidwalk.wpd June 24,2003 INFORMATION FOR BIDDERS I13-1 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. STP-3100(509) Phase 3, Linden Drive Sidewalk" in accordance with the plans and specifications on file with the Department of Community Development. The proposed work for this project will include the furnishing of all material, labor, and equipment to construct approximately 2,172 linear feet of a varying d to 5 foot wide, 4 Inch thick portland cement concrete sidewalk. Construction shall consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements.. i113-2 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. 18-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. 18-4 {QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder 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. I13-5 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, FACONTRACT DOCUMENTSUnden Drive Sidwalk.wpd June 24,2003 I13-6 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. IB-7 pg1R PARATLQN QE BIDS Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. Extensions of quantities and unit prices shall be carried out to the penny. I13-8 PRICES The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.0162 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxer. I13-9 APPROXIMATE _QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for.each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, white 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. FACONTRACT DOCUMENTSUndun Drive Sidwaik,wpd June 24,2003 IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials,tools and equipment to construct the item as described herein and to the limits shown on the Plans. IB-11 SUBMISSION OF BIDS The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. STP-3100(509) Phase 3, Linden Drive Sidewalk". 1 IB-12 ALTERNATE BIDS es bid have been requested,In making the award, if alternate ., h e q , the alternate bid which will be in the best interest of the City will be used. IB-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. No bids received after the time set for opening for bids will be considered. IB-14 EIGHT TO REJECT BIDS The City reserve the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. IB-15 AWARD OF CONTRACT If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders small be deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an arnount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A ' form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. IB-17 INDEMNIFICATION AND INSURANCE ' FACONT'RACT DOCUMENTSU.inden Drive Sidwalk.wpd June 24,2003 e The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment. practices. IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year From the date of final acceptance. In addition, the equipment furnished by the Contractor shall 1 be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Conti-actor 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 ' FACONTRACT DOCUMFNTSlinden Drive Sidwalk.wpd June 24,2003 the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor, In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) day, after the Contract is approved by the City Council The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed. IB-24 CONTRACT TIME The contract time shall be 80 working days. IB-25 LIQUIDATED DAMAGES Liquidated damages shall be assessed at the rate of Four Hundred Dollars ($400.00) per calendar day until the work is complete; should the project not be completed within the contract time. IB-26 POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated ropy of their power of attorney. IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted, If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows: FACONTRACT DOCUMENTSUnden Drive S!dwnlr.wpd June 24,2003 Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been Included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal, The contents of this packet include the following; 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT 4) CONTRACTOR'S AFFIDAVIT 5) DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS 6) DOCUMENT OF GOOD FAITH EFFORT TO MEET THE DBE CONTRACT GOAL 7) PARTICIPATION BY DBEs 8) IDENTIFICATION OF PARTICIPATION DBEs 9) CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY, INDICTMENTS, CONVICTIONS OR CIVIL JUDGMENT 10) CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING END OF INFORMATION FOR BIDDERS ti. BID FORM Name of ��7J Bidder (.�nc�/<< ��, ,�L. C' _ Address of Bidder o9T1 I -l/� duo � ��G�'' �� �� ' '`��?657,0/ To: CITY OF .JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans,specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a)the extend and character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f)the location and extent of necessary or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling,and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work. HEREBY PROPOSED to furnish all required materials, supplieF, equipment, tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are riot ' 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: ' FACOWRACT DOCUMENTSU_inden Unve Siawalkmpd June 24,2003 1 Page 1 of 2 CITY OF JEFFERSON ITEMIZED BID FORM (REVISED 7/31/03) LINDEN DRIVE SIDEWALK STATE PROJECT NO. STP - 3100(509) Phase 3 CITY PROJECT NO. 32044 The undersigned agrees that the unit prices submitted herewith are for the purpose of obtaining a gross stipulated sum, and for use in co►rrputing the value of extras and deductions; that If there is a discrepancy between the gross stipulated sum bid and that resulting from the summation of the quantities multiplied by their respective unit prices, the latter shell apply. The undersigned declares that he understands that the quantities mentioned herein are approxirnale only and that they are subject to increase or decrease; that he will take in full payment therefore the amount and summation of the actual quantities, as finally determined multiplied by the unit prices shown in the schedule of prices. The undersigned declares that he understands that as the prime contractor on the project, a minimum of 301/b of the total original contract must be completed with his own organization. 'the undersigned further agrees that if the Owner decides to extend or shorten this improvement, or otherwise alter it by extras or deductions, including the elimination of any one or more of the items, as provided in the Specifications, lie will perform the work as altered, increase or decrease at the contract unit prices. ITEM APPROX. UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 1 REMOVAL OF IMPROVEMEN"rS LS 1 z 5?5�9.o0 2.5'230. ca 2 MOBILIZATION LS 1 �- SCO�� "� 3 CLEARING AND GRUBBING LS 1 0 00. 4 CONSTRUCTION SIGNAGE SF 392 C�a 3/34- ' 5 PERMANENT SIGNAGE SF 96 /3 2c� �Z�,7 2P 6 LINEAR GRADING LF 2,176 �' S� 55�./, '7�" 7 SUBGRADE COMPACTION LF 2,176 8 4" THICK CONCRETE SIDEWALK SY 1,087 Z�. `'�� 2cl V2 1,e g9 9 MONOLITHIC TOEWALL LF 32 10 6" MONOLITHIC CURB LF 91 � 3� / Y 11 12" MONOLITHIC CURB LF 128 A,r AS�E 12 18 MONOLITHIC CURB LF 77 lv, y `$�7. 13 HANDRAIL (WALL) LF 138 (p 3. 112 7.� 3� 14 HANDRAIL (STEPS) LF '14 ///r /5t;, ' 15 STRUCTURAL CONCRETE (STEPS) CY 1.3 Zp 70 16 MODULAR BLOCK RETAINING WALL SF 401 Page 2 of 2 ITEM APPROX. UNIT NO. DESCRIPTION UNITS QUANTITY PRICE AMOUNT 17 RELOCATE EXISTING STREET SIGNAGE EA 4 �,�� sx� _ zSy 18 TRIMMING BUSHES AND TREES _ og„ � Co (Stations 10+00 Ihni 10490, 10+1.74 and 30+80) LS 1 S�� 57 ...- _ no 19 ADJUSTING UTILITY STRUCTURES EA G 7s_______' 20 ROCK EXCAVATION (MECHANICAL) CY 20 »135.00 _ S 2,70_0.00 21 UNSUITABLE MATERIAL EXCAVATION CY 20 28 Vo— 58, _ 22 ROCK BACKFILL AT UNSUITABLE MATERIAL f qp EXCAVATION CY l_0 2 Z 23 SEEDING, MULCHING & FERTILIZING LS 1 L7 22nD, 24 RELOCATE EXISTING FIRE HYDRANT (Station 31+39.93) EA 1 _ 9 9�� r25 MODIFICATION TO EXISTING SIDEWALK AND STEPS m �—° 35b,(Stations 13+26, 14+00,&34+90) LS 1 35'a 26 MODIFICATIONS TO EXISTING CONCRETE RETAINING WALLS o0 (Stations 17+02.59& 16+86.73) LS 1 - ' 5 ' ov 27 RELOCATE EXISTING WATER METERS EA 2 71/!. 28 VIADUCT MODIFICATIONS LS 1 3y190, •� '©• pp 29 18" CMP LF 25 �8. arm 30 JUNCTION BOX EA 1 19>1b 31 STORM SEWER INLET EA 1 r 32 CURB AND GUTTER (REMOVAL/ z� REPLACEMENT) LF 120 31. 3P�'. 33 CONCRETE SLAB PROTECTION I_S 1 r 34 CONCRETE APPROACH SY 20 TOTAL BASE BID 4 '?2 'K. 1 The goal for the amount of work to be awarded to firms owned and controlled by socially and econornicaly rdisadvantaged individuls is G°o. ITEMIZED BID FORM (REVISED 7/31/03) Signature of Bidder Date r r SUBCONTRACTORS If the Bidder Intends to use any subcontractor; in the course of the construction, he shall list them. „� , ,�._S�•{Lidi'r''�ai. /JGvnt. K.a.u,.f C�+"e_.. , / ,iZ��' ,�, /,-7 C-, S TIME OF COMPLETION .. The undersigned hereby agrees to complete the project within 80 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, 1� /,• �� / .�� D,.-, ' It is understood and agreed that this bid may be withdrawn W. any time prior to the scheduled Ume for the opening of bids or any authorized postponement thereof. Attached hereto is a Bid Bond for the sum of Dollars (cashier's check), make payable to the City of Jefferson. 0 r Signature of Bidder: If an individual, , doing business as --� If a partnership, , member of firm. LGC, by If cor tion, by r� Title � �-- SEAL r Business Address of Bidder -'�`l'�/ �� do"C„ A*OcC If Bidder is a corporation, supply the following information: State in which incorporated. Name and Address of its: President Secretary Date 6r r ' FACONTRACT DOCUMENTSU.inden Drive Sidwalk.wpd June 24,2003 �3�D 130NL� KNOW ALL MEN BY THESE PRESENTS, that we, this undersigned, (:O)crete E-mgineerii.rig,`Ll�t�� as Principal, and `Travelers Caw,alty and Surety as Surety, are hereby hold and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal .sum of Pi - Por;-ant, of t:hc Amours t Bl d (51%) - - for the payment of which, well and truly to be •made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this 5th day of August , 2003 The condition of the above obligation is such that whereas the Principal has submitted to the CiTY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled: "Project No. STP-3100(509) Phase 3, Linden Drive Sidewalk" NOW, THEREFORE, (a) If said Bid shall be rejected, or in the aitemate, (b) if said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance Of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being t expressly understood and agreed thatthe liability of the Surety for any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. 1. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day qnd year first set forth above. �"�.. Concrete }sn�ineer:ing, LLC. Principal 111rrw g1ers Casualty and Surety Company of America B , Jca r, e )avi;i, Attorney-In-Fact FACONTRACT UOCUMENTSUndon Drive Skfwall:.wpd Juno 24,2003 r ' r ate of Missouri County of St. Louis r i On this .___`, h day of___must; 2003 before me, Patricia S. Griser, a Notary Public in and for the said County of St. Louis, State of Missouri, residing therein, duly commissioned and sworn, personally appeared Jeanne.t;te. Davis known to me to be the Attorney-in-Fact of Travelers Casualty and Surety Company of A merica the corporation that executed the written instrument. I PAW"S.GAISFA AU OF M�iS�IA�M� A cowdy i�rf��Ezpm AAhr 4.M otary Public in and for Che County of St. Louis, State of Missouri. My Commission Expires on May 4, 2006. 1 1 1 1 r r r TRAVELERS CASUALTY ANT)SURETY COMPANY OF AMERICA TRAVELERS CASUALTY ANT)SURETY COMPANY FARMING'I'ON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY ANT) CERTIFICATE OF AUTIIORI'I'V OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY 'TIiF.SE PRESENTS, 'T'HA'I' TRAVELEMS CASUALTY AND SURE'T'Y COMPANY OF AMERICA, TRAVZLERS CASUALTY ANT) SURE'L'Y 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: Jeannette Davis, Catherine Gould, of St. Louis, Missouri, their tnie 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 inslrtltnent(s): by his/her sole signature and act, any and all bonds, recognimrices, contracts of indemnity, and other writings obligatory in the nature of a bond, recogniz:wce, 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 s:une were signed by the duly authorized officers of the Companies, and ail the acts of said Attorncy(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 arc now in full force and effect: VO'T'ED: That the Chairman, the]'resident, tiny Vice:Chairnuuh,any Executive Vice/'resident,any Senior Vice President,any Vice]'resident,any Second Vice President, the'1'reasurcr, any Assistant Treasurer, tie Corporate Secretary of lily Assistant Secretary may appoint Attorneys-in-Fact and Agents to net for and on behalf of the company and may give such appointee such authority as his or tier certificate of authority may prescribe: to sign with the Company's name and seal with the Company"; seal bonds, rccogniisinces,conunct::of indemnity,and other writings obligatory in the nature of a bond,rccogninince, or conditional undertaking, and any of said ofYice:rs of the Board of Directors at anytime may remove any such appointee:and revoke the power given hint or her. VO'fE?D: That tie Chainnan, the President, any Vice Cau+irman, any Executive Vice ]'resident, any Senior Vice President or any Vice President may delegate all or any luart 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 of the SecieliriV. milAdmik 1 TED: T'lrat any bond, recognizance, contract of indemnity, or «Titing obligatory in the naturr. of a bond, recognizance, or conditional Wd cvlaking shall be.valid and binding upon are Company when(a)signed by the President,any Vic:Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the 'frasurer, any Assistant 'frcasurer, the Corporate Secretary or tiny 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 Attorneys-in-Fact and Agents pursuant to tie power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a NTittcn 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 ANI) SURF.11' 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 Jxecutive Vice President, tiny Senioi Vice President, any Vice President, any Assistant Vice President, tiny Secretary, any Assistant Secretary, and file seal of the Coinpany may be affixed by facsimile to any ' power of attorney or to any ecrtificate relating Hereto appointing liesidenl Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and tarry such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding ulxm the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding upon rte Company in tie future wits respect to any bond or undertaking to which it is attached. (11.00 Standard) RF��� QUIRIED MODOT CON'TRACT DOC 'UMENTS 1 • Anti-Collusion Statement 0 Contractor's Affidavit Certification Regarding Disbarment, Eligibility, Indictments, Convictions or Civil Judgments 0 Disadvantaged Business Enterprise Contract Pi-ovisions • Certification Regarding Equal Opportunity And Affirmative 1 Action in Subcontracting r ANTI-COLLUSION STATEMENT STATE OF r COUNTY OF being first duly sworn, deposes and says that he is of TITLE OF PERSON SIGNING NAME OF BIDDER that all statements made and facts set out in the bid for the above project are true and rcorrect; 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 r collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which result from its acceptance, Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. r (BY) --------- rSworn to before me this .5AI day of �sd4 , 200 .3 rAr►u///i NOTARY PUBLIC tp''• �r'oy P� aOF�M COO'\N. My commission expires: r • r r CONTRACTOR'S AFFIDAVIT This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. i STATE OF ss COUNTY OF ✓c The undersigned, of lawful age, being first duly sworn states upon oath that he is of the contractor submitting the attached bid, that he knows of his own knowledge and states It to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project. AFFIANT Subscribed and sworn to before me, a Notary Public, in and for the County and State \\�g\%aimq @Vid, this day of , 200 �. NOTARY PUBLV 5 cn••. y��AAY P��` • '� /,��� opFC tJl S�� ommission Expires: j 5 Disadvantaged Business Enterprise Contract Provisions (Part A) Policy It is the policy of the US. Department of Transportation and the Missouri Department of Transportation and the Owner that businesses owned by socially and economically disadvantaged individuals(DBE's)as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently, the requirements of 49 CFR Part 23, and Section 106(c)of the surface Transportation and Uniform Relocation Assistance Act of 1987 apply to this contract. Obligation of the Contractor to DBE's The contractor agrees to insure that DBE's have the rnarirnum opportunity to participate in the performance of this contract and any subcontract financed in whole or in part with Federal funds. In this regard the contractor shall take all necessary and reasonable steps to insure that. DBE's have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on tine basis of race,color,age, national origin, or sex in the performance of this contract or in the award of any subsequent subcontract. Banking Services The contractor is encouraged to use the services of bank., owned and controlled by socially and economically disadvantaged individuals. Geographic Area for Solicitation of DBE's The contractor shall seek DBE's in the same geographic area in which the solicitation for subcontracts and materials is made. If the contractor cannot meet the goals using DBE's from this geographic area, the contractor shall as a pail of the effort to meet the goal, expand the search to a reasonably wider geographic area. Determination of Participation Toward Meeting the DBE Goal DBE participation shall be counted toward meeting the goal as follows: a. Once a firm is determined to be an eligible DBE,the total dollar value of the contract or subcontract awarded to the DBE is counted toward the goal. b. The contractor may count toward the DBE goal a portion of the total dollar value of'a subcontract with a joint venture eligible under the DBE standards equal to the percentage of the ownership and controls of the DBI?partner in the joint venture. C. The contractor may count toward the DBE goal, expenditures to DBE's who perform a commercially useful function in the contract. A DBE is considered to perform a conunercially useful function when responsible for execution of a distinct element of the work of a contract and the carving out of the responsibilities by actually performing,managing, and supervising the wort. involved. d. The contractor may count toward the DBE goals GO percent of its expenditures for materials and supplies required under a contract and obtained from a DBE regular dealer, and 100 percent of such expenditures to a DBI± manufacturcr. (1) A regular dealer is a firm that owns,operates, or maintains it store,warehouse, or other establishment in which the nxaerials or supplies required for the performance of the contract arc bought, kept in stock,and regularly sold to the public in the usual course of business. To be it regular dealer, the film must engage in, its its principle business, and in its own ntune, the purchase and sale of products in question. (2) A regular dealer in such bull: items its steel,cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment, Brokers and packagers shall not be regarded as manufacturers or regular business dealers within the meaning of this section (i.e., it track hauler is it regular dealer when tile firm owns, operates, and maintains or lenses, operates, and maintains the distribution equipincnt for the delivery of the above products to the public in the usual course of business. Ad hoc performance for one contractor or select group of contractors does not qualify as a regular dealer.) (3) A manufacturer is a hrn that Operate!, or maintains it factory or establishmeilt that produces on the prenlises the material,or supplies obtained by the contractor(i.e., it supplier who produces goods from raw materials or substantially alters them before resale). e. A contractor may count toward the DBE }foals the following expenditures to DBE firms that are not regular dealers or manufacturem (1) The fees charged for delivery of materials iuld supplies required on a job site(but not the cost of the materials and supplies themselves) when the hauler, or trucker is not also the manufacturer of or a regular dealer in the materials and supplies, provided that the fee is determined by the Missouri Department of Transportation to be reasonable as compared with fees customarily allowed for similar services. Goals for the Amount of Work to be Awarded to DBEs ' The following goal has been established for this contract. The dollar value of work,supplies,and services will be based on the amount anticipated to be paid to DBE's. for fines owned and controlled by socially and economically disadvantaged individuals(DBE's) the foal for the amount of work to be awarded is *P.� of the total contract price. *See Itemized Bid Form for percentage. Failure to meet the contract go.11 or to furnish d_ocillileiltatiOil acce1ltabl.e to the Owner of efforts to,meet this goal may be causal for re fiction of the bid. Replacement of DBE Subcontractors The contractor shall make good faith efforts to replace a DBF. subcontractor who is unable to perform ' satisfactorily with another DBE subcontractor. Replacement firms must be approved by the Owner. a Doe2wentalon of•Goodairaith Efforts to Meet-do ORE,Coatmct foal Good faith offorts to meet the DBE goal may include twoh ite u rat,but not limhad to,•the.followiW, (1) Attended•&pcabid-auetin g,if any,scheduled by the Owner to inform DBE's of c;onwkctimg and subcontractir{g op'pdrtuttlfleq; (2) Advedised in jeaenlcirculation grade atsociadon anti socially and econorniatity.disadvsnwged business diremd modiaxanceaning:ihe�subconuuting.opportunities; (3) Provided writtenmotice to a reasonable number of specific DBE's that their inw=t in the contract is solietted,in sufficient time to allow the DBE'&lo.participate effectively; (4) Followed•up•in-inbW sotiditations of interest by contacting DBE's to determine with cattaiaty wbettur the DBE%were ituerested. (3) Selected pottions of the work to be perforvied by DBEs in order to increase the likelihood of medmg the 133E goi8 f indluding,where appropriate,breaking drnm contacts into monotnic>dly feasible units to ficWtaue•DRE ptuticipadoa); (6) Provide interested DBE's adegwue iaformtation.about plans,Wccifications,and requirements of the contracL (7) Nogotlaud in,good faith with interested DBE's,not rejecting DBE's as unqualified without sound reasons based on a thwougli investigation•of:theit capabilities; (8) Made efforts to usist interested DBEs dbtaining•bonding,lines of credit or insure w m4uired by the Owner-or by the-biddet;and (9) Made effective use of the services of available disadvantaged business organizations,minority com ra tors'groups;local,state,and Federal disadvantaged bt4iness assistance offices;and otter organizations that provide assistance in the recruitment and placemeat of DBE's. The undersigned certiftea that the following stops have been taken is obtain DBE participation: 2. 3. f "�one:- Cc.!'U S 4. S. 6. ® 7. B. Speciality Item Subcontract work awarded to DBE.subcontractors not to exceed the amount specified in the proposal or the amount designated in till:contract by the contractot whichever is less and not to exceed it total of 20 0,0 of the contract will be considered speciality items under the provisions of Sec. 108.1.1. Verification of DBE Participation Prior to release of retrained percentage, the contractor shall file n list with the Owner showing the D131"I'.s used and the work peribrmed. The list shall show file actual dollar arnount pnid to each 1x131°s that is applicable to the percentage particiapation established in the contract. Failure on the pail of the contractor to achcive file DBE participation specified in the contract may result in sanctions being imposed on the Owner for noncompliance with Section 49 CFR, Part 23, and Section 106(c)of the Surface'Transportation and Uniform Relocation Assistance Act of 1987. If the total D13E participation is less than the contract goal stated by the Owner, the Owner may sustain damages,they exact extent of which would be difficult or impossible to ascertain and therefore in order to liquidate such damages,the monetary difference between the amount of the goal stated by the Owner and the amount actually paid to the D13I31's for performing it conmicreially useful function will be deducted from the contractor's payments its liquidated dinnahes. If file contract is awarded with less than the contract goal stated by the Owner, that amount shall become the contract goal and shall be used to determine liquidated damages. No such deduction will be made when,for reasons beyond control of the contractor,the stated D13E participation is not met. 131DDMG PROCEDURE The bidder shall complete the information required under Part A and submit with the bid proposal, Pail i c q ll P LE- Lo submit the completed Puri A with the Kii pLM( sal ma be cause for rejection of the bid. Part B shall be completed and submitted with the bid proposal or delivered by the low and second bidder within three working days after the letting date. No extension of time will be allowed for any reason. Failure to deliver the completed and executed Part I3 showing DBE. participation of not less than that specified by the bidder in fail A by 5:00 p.m. on [lie third working day after the letting will be cause for rejection of the low bid and the proposed guaranty will become the property of the Owner. The proposal guaranty of the second low bidder will be retained under the same conditions until the Owner has determined that the award will not be made to the second low bidder. If Part B is next submitted with the hid, it shall be delivered directly to the Engineer at the following address: (Insert Address Here) City of Jefferson Community Dovelopment 320 East McCurty Street ' Jefferson City, MO 65101 1PARTI CIPATION SY.DNE'S(MUST COMFLETE•AN1D SVBAUT WffH PROPOSAL) The bidder a2mes to atHize DUE'va Mows: DRE MTICIPATTON E SA OF TOTAL t'dNi'RAC'T (comp ly) by Date: ('T'ide) DI"OV.ANTAG>ED BUSINESS F TCERMSE CO MACT PROVISIONS (HART B) IDENTM,CATIONS-OF-PARTIC'IIPe1,"aING DOE'S The undersigned submits tiue.fotlowing llat of'DBEs to-be usod in acemplWiLng'the worst of this contract. The work tnxpplies or service,applicable value endpv=nt of total.eannut each DBE,in to perform furnish u•s follows: ' DBE %of Contractor Description E Value of Dollar'Value Amount or Supplier of work, Work, Applicable Applicsble %of (NUM And Supplies or Supplies or to DBE to.DBE Total Gr!!l sam at.. .7- TOTAL DBE PARTICIPATION �...�........� /(`��„y ter+ (Compauy) By (uignature) (Title) SECTION X CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY INDICTMENTS, CONVICTIONS OR CIVIL JUD MEWS The resident of authorized official or bidder, under enact of perjury under the laws of P � penalty P J . the United Sttrtes, certifies that, except as noted below, the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, manager, auditor or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any manner involving fraud or official misconduct within the 1 past 3 years. (Insert Exceptions, if any) Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, any dates of action. Providing false information may result in ' criminal prosecution or administrative sanctions, NOTE: The above statement is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute an endorsement and execution of this certification, CERTIFICATION REGARDING EQUAL OPPORTUNITY ANrD October 1977 AFFIRMATIVE ACTION IN SUBCONTRACTING (1) Certification with regard to Performance of Previous Contracts.or Subcontraw subject to the �Equnl Opportunity Clause and the:tiling of Required Reports. The bidder- proposed subcontractor_ hereby certifies that he tins has not ,participated in a prcvious contract or subcontract subject to the equal opportunity clause, ns required by Executive Orders 10925, 11114, or 11246, and-dint he tins�_ has not filed with-thc Joint Reporting Committee,.the Director of the Office of Fcderlil Contract Compliance,a Federal Goverumew contractirig or,rdntinistering agency or the dormer President's Committee;,on Bqual Opportunity,all repurts due under die applicable filing requirements. Note: 'This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(B)(1), and must be submitted by bidders and proposed subcontractors only in connection with contracts..and subcontracts which arc subject to the equal opportumity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5(Generally only contracts or subcontrra=of$10,000 or under arc exempt.) Currently, Standard Fonn 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not fled the required reports should note flint 41 CFR 60.1.7(B) (1)prevents the award of contract and subcontracts unless such contractor sobtuits a report covering the delinquent period or such period specified by the Federal Highway Administration or by the Director,'Offhce of Federal Contract Compliance,U.S. Department of Labor. (1) Certification with regard to intent to subcontract a portion of the work and affirmative action to econsider.minority business enterprises as potential subcontractors. a. The bidder hereby certifies that: he dues not intent to subcontract a portion of the work. he does intend to subcontract a portion of the work. (Bidder to check appropri;ue box.) U in the affirmative, the bidder cerlifhcs that he has made contact with potential minority business enterprise subcontractors to affirmatively solicit their interest, capability,and prices on the items he intends to subcontract, and shall document the results of such contracts, NOTE: A bidder's failure to submit This cenifhcation or subrnission of a false certification shall render his bid nonresponsive, ' B. If the Contractor requests perriission to submit work, and has not done so during the bidding stage, he shall lake the afTirtnative actions required ofbidders in Paragraph A. No subletting will be approved unless the Contractor demonstrates fiat he has taken such affinnative action, ' C. The Contractor shall designate a liaison officer who will ,administer the Contractor's ininority business enterprise program. The name,address, and telephone number of the designated officer shall be furnished the engineer in writing upon request. e NOTE: The retiuirentents containcd herein.are in accordance wltli the Fedeml Highway Administration federal-.Aid Highway Proginni MamW (Transmittal 164,November 3, 1975)'Volamc 6,Chapter 4,Section 1,Subsecdon 8,Parngraph 8C(2) (3)and(4). (Company) By Date (Title) 1 1 AFFIDAVIT COMPLIANCE WITH PREVAILING ' WAGE LAW Before me, the undersigned Notary Public, in and for the County of­­­—.----1 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. 10, Section 026, Cole County in carrying nut the contract and work in connection with Project No. STP-3100(509) Phase 3, Linden Drive Sidewalk located at Jefferson City in Cole County, Missouri, and completed on the day of 20_! ^ � SIGNAl'URE Subscribed and sworn to me this day of . _ 20–_._ �~ NOTARY PUBLIC My commission expires: STATE OF MISSOURI ) ss ' COUNTY OF__� _ ) Moll 1 0 M issoun 1 Division of Labor Standards WAGE AND HOUR SECTION 0 i BOB HOLDEN, Qovemor Annual Wage Order Nei,, 10 Section 026 COLE COUNTY' rIn accordance with Section 290.262 RSMo 2000, within thirty (30) days after a cctrtlfied copy of this Annual Wage Order has been filed with the Secretary of Strata as indicated below, any person who may be affected by this Annural Wage Order may ob,Je.ct, by filing an objection in triplicate, with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such oblecllons roust set forth In writing the specific: gre,uncls of objecalon. I1,ach objection shall certify that a copy has been furnished to the Division of Labor Standards, Y.O. Box 449, Jefferson City, MO 65102-0449 pursuant to P, CSR 20.5.0)10(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. 1-1:7:! 7501c>>s A. Baiter, Director f) Division of Uabor Standards Filed With Secretary of State: __`''F"','.0`y"' 110**! ' Last Date Objections May Be Filed: _^_ __ __ _ ______ _ APR 0 9 2003 J y -- Prepared by Missouri Department of Labor and Industrial Relations r Building Construction Rates tot REPLACEMENT PAGE 026 COLE County Effect Ve "Ic r Dato of Hourly Timclolid ily roim Fringe, Benefits OCCUPATIONAL TITLE nso _ Halos Schedule Schedule Itirro, Asbestos-TV`®rkor-----'- $28,26) 55 60 $9.74 Boilermaker $25.81 57 7 $13.63 Bricklivors-Stone Mason $23.65 59 7 $7.35 3/03 $19.03 60 15 $7.86 Cement Ma-son -- $18-26 0 3 $8.40 Eluctrlclan.(Inside W rejTqjn $21 28 7 $9,06 + 131y. Corn munica tion Technician USE ELECTRICIAN (INSIDE WIREMAN)RATE Elevator Constructor a $30.7 26 54 $10.461 PE(32tl3n _Enc. no-or 5/03 $22.62 J 8666 $13.03 Gro 5/03 $22.62 86 (36 $13.03 Grou Ili 5/03 $21,31 E16 66 $13.03 Group 5 22.,62 86 6 $13.0-f Gray IV 5103 $23,32­667-- -(36 $13,03 --gLOUL)V 5/03 $24.62 86 66 $13.03 fjp2 7/03 1) $29.75 91 69 $12.33 Glazier $12.50 FED $2.34 Laborer General $15.87 110 7 First Semi-Sldilod $17.47 '110 7 $7.33 Second Somi-Skillod $16.87 110 7 1 $7.33 Lather USE CARPENTER RAfE---- Linoleum v Cuttor USE CARPENTER RATE Marble Mason $23.65 59 7 $7.35 .M111wright 3/03 $20.03 15 $7,86 Iron Worker $21.27 8 $12.09_ .Painter $18.44 18 7 $5.33 Plasterer $17.32 94 $8.15 Plumber 7/03 b $29.75 91 69 $12.33 Pile Driver 3/03 $20.03 60 15 $7 86 Roofer $23.15 12 4 $7.09 Sheet Motat Worker 7/03 $2103 40 23 $8,65 S rinklor Fitter $15,00 FED $2.27 Terrazzo Worker $27.50 116 5 $2.05 Tile Setter $23 65 59 7 $7 35 .Truck Driver-Teamster 3/03 $19.30 101 5 $`11.25 Grou 11 3/03 p $20.00 101 E, $5.25 Group III ...... 3103 $19,70 101 5 $5.25 Group IV 3103 00 101 5 $5.25 Control Traffic Service Driver r ic. Fringe Benefit Porcentap i�of lhe Basic Hourly Rate Attention Workers• If you aro not boint paid the appropriate wage rata and trinqo hottefi(,;contact the Division of Labor Standards at(573) 7,51-3403. "Annual Incremental Incroaso *SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO 10 7/03 Bulldlng Construction Rolo4 for REPLACEMENT PAGE Section 026 C011,County 170011oloc, ur- OCCUPATIONAL.TITJLF Daft)of Hourly Timo Holiday Total Fringo bonolaq —__Inrroase fjq.I!m, Schudi.110 ------------------- ----------- --------- ....... ' ni Welders rocvo rate piescobod for tho occlipfitional tillo porfuffmn(l opornlion lo which wolding uk incidontal. Use Building Con0tiction Fbilo%on l3tilliling(s)and All Immodmin Allochmonic..Use I-foavy Construrtion rates for roarainder of piopirl. For the occupational 1410%nol 11.0id in linavy Conslaiclion Shoots,use Ralm.Miami on MAIdIng C-unstroclion Halo Shoo! a•Vacallow Employees over 6 years• Employmm undof 6 yovira•61% b• All work over$3,15 Militon I otal Mochanical Cantrarl•$29,75,F(Infloq-$12.33 All work under$3.5 Million Total Mochanical Contract•$28 41,Fdogns•$10.511 1 1 1 1 0 'Annual Inciromuntal Incronso ANNUAL WAGE ORDER NO 10 7101 ('(►I.F CM .ti'l'l OVERTINIV SCII11?1)IiI,I, Itl'II,I►I'M; ( ()'sti'I Itl cI IO'N I'm o F1",1): M1n1111U t Ietlouem0ol 1101 f nn I abol 51011dal(k Act 11X;111,,11111.mid tm0 hall I I ' ) shall I,0 Ilmd ft'I III v.ork ill cV.ess ol'fiuly ('I0) 11001. pet \%Olk tte011 NU.9: Nlram 11)t'Irl'ul;tl tWIWay SIM1111p 11111c(11 X i)O a.nt. (;Intl Iesr111in)'y11111u): 111110 of 1 1111) 111.1 nrr, be 1110%Cd 1,61-ward Io (0 11 it In t t delaved ono hom 1(1 9:00 a In. All \talk lullirr11101 In CMVY. of f1), it":uln0 Milk day ;ltd ott S;Inad11y Shall he cottllwilsatcd al lute and ullt•-half I I':I little,,Iht•legulat p:Iy. In the 0wenl imic IS losi thilnil!the \yolk week due In twe;dltce cottd11uons•1110 1.111ployer I1111y Schedule Work oa 11142 fnllu\vtnl'Sawiday;II ,liailtl)l ante. All work accomplished ott Suudny and holidays shall he 0ott;pen`uted ('(10 at (1001110 (ttt' Wf-01AI Into of \w;I}!t:.. 11). \walk week shall h: Monday Illwilvh I ruLrv,0.vicel,l lot mi(hwt'ek hoh(la)'s. NO. 11: Me;ms el)tIN 18)hams shall comtitttt0 a da)'s walk,will)the Statlrit)t mete It:h0 r,t,thllsht'd hel,tt'rn ' UI)a.m. lull N:(tt) ;1.111 lioln \lortda*\ to Fled ly. 'l ime mid olic-11all,(I':) shall l)0 pail fill Iilsl two (:) hour, (11 owwcr'lillu• Nlond11y 11110111,11 I'Ii(nt' ;Intl lilt' Iil'A cip1)1 I1)) hours on Saund;ly. All oiht't o\clln11e 1)(1111~ Nlonda.N 11)1oill'11 Saturday Stull) he paid 111 double• I:') little rue I)wbic (2) unlit' ,hull lie pall lot all 11111• on Siol"Im still ftc-ovilm-d holidays of file days obSvrvcd in licit of lhes;•holidatr N(1. 12: Nicoll,, Ilic walk -,\cek shall cottunt'nec oil \l(1ttdaw at I2'01 a ni and ••hall (onnmte 11)nmldh the li,llowinp I'tidail', IoCII1Sn0 01 cnch ttct'k All work pclfinttied I,y coll,lovct All'V Kett' Ili rtct••••,of foils t•f(I) holm• 111 ottc I I I work week, shall he pnnl CoI al the talc oC ott0 and oat•-halt' t I',I (hill•,, (1)c tcl!uim homl� \wa}:c ,,Talc. All w6' perfinnu:d wlllun dIr tclmial %tolklnP hours which Shall Consist of a 1011 (l l)) hour work d It c\ctrl ni t'n11.111 cnt'y siloations t ht'r11nu• Moll. anti 5;tttlida'\ work shall he paid :u one Mid 011c half I I' :) times I10 repolnl i(1url} r;ue. Work ott leruf nvrtl hululays;md Sunday,shall he partl at nwo 12)OHICS the It•)!u1nl )IMIlf', rile NU. 18: \idols the wpulai mnk dory Shall he vi)111 (h) 1)outs Wolknlp holies ate Irons ',I\ ((,) hoots helble Noon (12:1111) to sr\ (h) hoop, allei Noon (12:00). '['Ile regular work week Shall 1)c IMI1 (•IO) hours, hel:ioIII0 hcnvc0tt 0:O0 a.m. and 12:011 Mitm on Nlonday alld ending hcltween 1.11111mil, and(rOO I).nl 011 I Inlay. tinturday will he Maul at little and one-111111,(I':►. tiunday ;ltd I lolldays shall he p;ud :u d11uhIC ('I Innr. Satindav 0;ut he a ttiake-111) day il,the wea111er has lurecd 11 day o1'1'• hill only In the week oCthe(1)y heine lost. Ali\ 11010 ht•Cort'SIN (6)hours heliire Noon or six(6)hours after Noon will he paid at time and one-half( I'A No . 26: Means 111111 lilt' rc):ulat working day shall consist oCcirlil (S) pouts worked ht•INet'll 6'01)a.m.,and S:I)O 1,.111.• live (5) days per week, Nlondily to Friday, inclusive. Ifours (1C work at each johsilc shall he Ihosr '_stahlished by the getteral eownicloi and worked by the n);Ijorhy oi' wades. (tile a110vc \worbin)' hours may he Changed by ntuulal Agreement). Work petCottucd on Cot slruc(loll \'fork on Sauudnys,Sundays and befiue and alley the wgulat working clay (111 Monday fo I•rufay, inclusoe, Shall he classified as overtime, and paid li 1-at double (2) file rate of,single lime. The employer nuly establish hours worked on a jobsile for a four (a) tell (111) floor day mirk week 111 straight time pile I'or construction work; the regular working day shall consist o(' ten (1(1) hours worked consecutively, bettween 6:(111 a.m.lilt(] 6:11(1 p.m., four(4)days per week, ,1looday to Tlitir•sdny, inclushe. Any work per•f'ornnad on hrirlay, SIIIIII•da\, Sunday and holidays, and bei'orc and after the rcgolur• ttorking day on Monday to 'I'burmdny where a rain• (d) ten (Ill) hour day workweek has been established, will be paid at Itso limes (2) the single lithe rote o('pm. lilt, ruts of'1)a ti,r all Mork pellormed on hohilm", shall be ;It two times (2)file silwic time rate ol'pay r ANNUAL WAGE. 0111)1?It :NO, 111 r A\1'111(1'!6(1'1 Sap der Pope I 411'5 I';1110,, i COLE('OI.IN'I'1'Oi'I{It'I'IM111:SC111?I)ULF: .. RIMMING CONS'fRU("I'ION Rba'I.A('4 NU."N'I' I'AGL NO, 28: Means eight(8) hours between 7:00 a.m. and S:19 p.m.. with al Ieitm it Ihitty(10) nntlutc period to be taken for lunch, shall constitute it clay's work five(5)clays a week, Monday Ihrough I-ritloy inclumve, shall constitute a work week. The Umployer has the option fi►r a workday/workwcck of liior 14 t len(10)flout days(-1.10's)provided: -The project must tic Cora lr►init►unn of'fiiur(4)consccutive d ilys. -Starting time may be within one(I)hour either side of 8:00 a.ms, Work week nntst begin on either as Monday or Tuesday: II'a holiday falls wvit III i that week it shall be a consecutive work day. (Alternate: if a holiday f}aliS ut file middie of'It week,then the legrtlar eight(8)hour schedule play he implemented). -Any tine worked in excess ol'ally Icn(10)hour worl:clay fin it 4-10 hour work week)shall be at the appropriate overtime rate All work outside ot'thc regular working hours as provided, Monday Ihtooph Saturday,shall be paid II one&one-Ilal11' (1'/,)tines the employee's regular rate ol'pay. All wort:perttrrmed I'roin 1 2:00;i.nt, Sundry through 8:00:1.111. Monday and recognized holidays shall be paid it double(2)the straight lime hourly title ol'pay. Should emtployces work in excess ot'Iwelve(12)consecutive hours they shall he paid double lime(2x)for all little Idler twelve(12)hours. Shaft work pert'ormed between the hours of 4:30 p.m.and 12:31)a.m.(second shift)shalt receive eight(8)hours pay tit the regular hourly role of pay plus ten(10'%.)percent for seven surd one-half(7'/))hours ivork, Shift work performed 1►etween the hours of 12:31)a.m.and 8:00 a.m.(third st►ll't).,stall rt-eeive eight (8)hours pap al the regular hourly rate of pay plus fifteen(15'%.)percent for seven(7)hours ' rs work, A lunch period othirlp(30) nihuttes shall be allowed on each shift. All overtime work reeluired s►I'ler the completion of i regular shift shall Ile paid at one and one-hall'(I'/,)thues file shift hourly rate. NO,33: Means the standard work clay shall be eight(8)consecutive hours of work belwveell the hours of(,:0O a.m.and 0:00 p.nl.,excluding the lunch period,or sluall contirrn►to the practice on the job site. Four(4)days al Icn(10)hours it day may be worked a( straight tittle. Monday through Friday and need not be consecutive. All overtime, except lm :>uudays and holidays shall he al the rate of time and unc-hall'(1'.:1. Overrtinte worked on Sundays and holidays Shall tie tit double(2)tittle, NO.40: Means the regular working week shall consist of five(51 consecutive(8)hour drys'labor on file joh beginning t with Monday and ending with Friday of each week. Four(4) 10-hour clays may cunsliutte the regular work week. 'file regular working clay shall consist of right(ti)hours labor on the job beginning as early as 7:00 a.m.and ending us tale as 5:30 p.m. All fisll ur paint little labor perfnnrted during such hours shall he iccognin:d its regular working hours and paid fair at the regular hourly rate. All hours worked on Saturday and all hours worked in excess ol'eight(R)hours hill not more than Twelve(12)hours during(hc regular working week ;hall be paid tm al time and one-hala 1!h1(he regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of ttwclve (12)hours during the regular working day shall be paid at two(2)tines the regular hourly rate. In the event of min.snow,colt) or excessively windy weather on a regular working day.Saturday may be designated as a "make-up"day. Saturday ttlay also le designated as a"make-up" da},, fur an employee who has missed a day of wvork for personal or other reasons. pay for"make-up"clays shall he aft regular roles. NO.55: Means(Ile regular work clay shall be eight (8)hours between 0:00 a.ni, and 4.111 p.m. 'I lie lust two(2)hours of work perlonu d in excess of the eight (8) hour work day. Monday through Friday, and the lir,l tell (10) hours of work on Saturday, shall be paid Ill one ., one-half (1!,2) times the straight line rate. All work pedi need on Smiday, observed holidays and in excess of tell (10) hours a day. Monday through Saturday, shall be paid It double (2) the straight tittle rate. NO. 57: Means eight (8) hours per clay shall constitute a clay's wwoik and folly(40) hours pct week, Iltrottglt Friday, shall constitute I week's work, The regular su►rliq time Shall he 8:110 11,111 The above slay be changed by multial consent of authorized personnel, When circumstances w itrrant, (tic Employer may cliange the regular workweek to lour (4) ten-hour days al the regular tittle rate of pity. h being, undetstuod that all other pertinent infumlation roust be adjusted accordingly, All limit:worked bdore anO aher the established %workday ol'eighl(8)hours, ' Monday through Friday, all lime worked on Saturday, shall be paid it the rate of'tonic and one-111111'(1 'h) except in cases where work is pains of an employee's reguhu• Friday shill. All little worked on Sunday and recognized holidays shall he paid sit the double(2)tine me of pay, ANNUAL WAGE ORDER NO. 10 A W 1 a 1126 U'1'Snp.doc Tatar:..1 5 Pares 1 ('OI,I? <'OI N I'1"O�►'F:It7'I�tlt `('llF;l)IT1.1 III II.UIN'(;CONS l'Itl:('"1"ION NO. 59: %9cans that excel)( as herenu provided, clght (K) hours it day •hall ('4111, 111Ie it stittaLud v,r,rk tiay, and RlHN' (•10) 110111'>, pc•r wcck shall cuns11tule it week's work. All Intic worked outside oi'Ili": suuudmd ei);hl (ti) 110111,work clay and of)Saturday shall he classified as overtime and paid 1111, rule 01'lunc and 0nc-hall'(I'21. All tinar worked on Sunday attd hodidays shall be classified as oveltittic and paid 11 the wit: ol'doublc (2) Bute, 'I'he Fillployet has the option cif' working either live (5) eight hour days or 1;6111 0) fen horn" days t0 cons1111ne if 1101111111 filly 00) hour work week. ' When the liaff (4) ten•hom work week is in effect, the sdtunlald wolk (Illy shall hc• conse:ulive lei (10) hour periods between the hoots of 6.30 a.m. ittd 6:30 p.m. );of-(y (40) hours pct week .~hall consWuuc a weeks work. Monday through Thursday, inclusive, In the event the job is down for any n'llsoll beyond the lanplos,cr's control, shell Friday and%or Salur(Iay nary,lit the optlon (11-file I:ntployc•t, be worked as 11 )nakc-op clay: str;ti(.ht lime not to exceed tell(10) hours or linty(40) hours pa.week, When the live day(h) howl- work week us in elf&t, litrty(40) hours prr week shall conatiUule if week's work. Monday IhrOUgh 1•1-iday, inclusive. In the event the doh is down for 1111v reason bevolld the I')nployer's control, then Saturday stay,it lilt-0pliou oflhc I•.fflployer, he worked as a make-up clay;straight time 001 to cxcced eight (8) hours u1, h111v ('10) hours per week, The regul:u slating little will 1es(Ilting q uitling little) nruy he moved to 6:00 a.m. or delayed to 9:00 a.m. Make-up clays shall not he utiliiel lot-thys lost (file to holidays. NO.60: Means the limployer shall have the option of working live h 110111 days 01 fool 10-hour days \Monday tlu"ough I•riday. II'ml Ftl)ployer elects to work live h-hour dtrys during any work week, hours w01 ked more Than cighl (8) per day or litrty (40) per week shall he paid ;it little and otic-hall( I':) the hourly wage tale plus fringe hcnefits Monday through Friday. SATI,JRDAY IMAM;-(Ill I)AY: I1'11n I.ntpdover is prevented froth \unknlg forty('10) lours, Monday through Friday,lit any earl Ihercol'hy reason of inclement wcafher(rain or tluad), S:uurday lit any pall Ihercol'mtay he worked as ,I make-up(la)" at the straighl time rate. It is agreed by the parties Ihil the make-up clay is nod to he used to make up little lost due t0 recognized holidays. 11'an Employer elects to work four 10-hour d;Iys, hetwc(m the hours of 6:10 a.m. and 6:30 p.m. in any week, work performed more Ih;ItI tell (Ill) hours per day u1, litrty ('10) hours per week shall he paid ;tl little and one half (1'":) the hourly wage rate plus Fringe bcicfits (vlundas, through Friday. If all kn)ploycr is working 10-horn"days and loses i clay(life t0 inclement weather, the I:nlployer nruy work ten(10) hours on Friday ill straight tittle. Fridav must he scheduled for no more Than Ica (i0)hours at the s11-aight (tine rate,hill all hours worked over the linty(40) lours Monday through Friday will he paid it tittle and ottc-half(I '"5) life hourly wage rate plus Cringe benefits. All Millwright work pulbrmcd in excess of- the regular work day and oil Saturday shall be compensated fin at little and one-hall' (I!:) the regular Milhvrighl hourly wage rate plus fringe benclits. 'fhc regular 4p work day starting of 8:00 a.m. (and reulling quilting time 01'1:10 Imu.)may he moved lomard to 6:00 a.m.or delayed one(I)hour t0 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed its recognized 1 holidays, shall he collglcnsated 1111- a( d0LIbll• (2) the regular hourly rate 0f wages plus Fringe henelits N(HT: All overtime is computed on the hourly wage lute plus an amount equal to the fringe benclils. NO. 86: Means the regular work week shall consist of live(5) days. IxlOmday through I:1,111m. beguruittg a( 8:00 a.nl, and ending at •1:30 p.m. 'I'hc regular work day begliming little nary be advanced otte or t::o hours 01, dela,VCd 11v one hour. All overtime work perlinnmd on Monday Through Saturday shall he paid al tittle;tad one-hill'(I' .)of the hourly rate plus nn antrnunl ecpual 10 one-hall"('',) of the hourly 'iota) Indicated I•rangc Henclils. All work pellornled on Sun(IIIys and tccognizrd hodi(I,Iys shall he p;ud al double (2) the hourly rate plus ,utt anuartll c(lual to the hourly loud Indicated Frinft! liellelits. NO. 91: Means eight (t:) hours .shall Constitute ;I dip's work coinnivicmg it 8:00 if nu. and cndiui: at 4:30 I nl., ' allowing one-mall'(1-2) bo(rr lie• lunch. File 01)11011 e.vlsts (in the Fnlployer lit Ilse i llexibde slarOnit little hcmecn the hours of"6:00 a.m. and 9:00 a.m. Fhe regular work weck shall consist of forty 00) hours 0f Civc (5) work chlys, Monday through Fri(IIIy. The wotl, week may consist of lour(4) tell (10) hour clays lion) Mondry through Thursday, with Friday as a make-up day. If the make-up till,,, is n holiday, the employce shall he paid it the douhlc t2) time rate. ' The employees shall be pat(I tittle and one-half(I !":) i'or work performed helitrc the regular starting little or alder the regular(luitting little at over eight(h) hours pct work day (unless working if 10•hom work daN, then time and one-hall' (I !":► is paid for work performed over ten( 10) hours a day)of 0vcr lints,(40) hums Vier work week. Work perturmed off Saturdays,Sund;rys and recognized hohdiys shall lac puud it the double(2)tittle mtic();,pay. e ANNVAI. WAGE OI2DEM NO. 10 ' AWI(102110 ] Silptloc Pape of S Ihtpeti COIL,COUN'I'1'(>�'!?It'I'Ih11?tiCllN;i)lll.h: BUILDING CONSTRUCTION NO.94: Means eight(9) hours shall conslimic it clays work between the hours of 8:00 a.m.and 5:00 p.m. The regular workday starting f sic of K:1)O 11.111. (and resulting quitting time ol'4:111 p.m.) may he moved lorwarcl to 6:00 a.m, or delayed one (1) hour to 9-00 a.m. All work performed in excess of the regWar work day and on Saturday shall be compensated It( one and onc-hall'(I'/,) tinges the regular pay. In file event time is lost (haring the work week chic to weather conditions, the Employer may scheilidt- work on the Collowing tiafurl:ly at straight lime. All work accomplished on Sunday and holicltrys shall he compensated at double the regular rate of wages. NO. 101: Means that except as provided helow,eight(8)hours a day shall constitute it suaulard work day,and forty(40) hours per week shall constitute a week's work,which shall begin oil Monday and end on Friday, Ail lime worked outside of the standard wort( clay and on Saturday shall be ciassified a,� overtime and paid the rate of lime and onc-htdf(I'/i) (except as herein provided). All time worked on Sunday and rccoglli�.ed holidays shall he classified as overtime and paid tit the rale of double(2)time. The regular starting tittle(and-esuling quitting time)may be moved lurward two(2)hours to 6:00 tun.or the starting time(and resulting quoting lime)may he delayed one(I)hour to 9:00 a.m. The Employer has the option of working either live(5)eight-hnur clays or filar(4)Ica-hnur clays to constitute a normal Forty(40)hour work week. When it lour(4) ten-hour day work week is in cl7cct, Ilse standard work clay shall be consecutive ten(10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty(40)hours per week shall conStitutc a week's work Monday through Thursday, inclusive. In the event the job is down Im any reason heyond the Finployer's control, (hen Friday and/or Saturday nay, at the option of the I?nlployer, he worked as it make-up clay. straight lime not to exceed ten(10) hours per day or forty(40) hours per week. Surrting little will be design(acd by [lie employer. When file live (5)day eight(R)hour work week is in effect, forty(40)hours per week shall constitute it week's work, Monday through Friday, inclusive. In the event(he job is down for any reason beyond the I:nlployer's control,then Saturday nay,if(the option of the Employer, be worked as it make-up day: straight ffnle not Io exccc(I eight (8) hours per day or ibrty(40) hours per week. Make-up clays shall not be utilized tier days lost(lac to holidays. NO. 110: Means eight(h)hours between the hours of 8:00 ami.and 4:30 p.m. Shall constitute a work day. The starling time may be advanced one (I) or two (2) hours. l nlployces shall have it lunch period of thirty (30) minutes. The Employer may provide it lunch period ol'one(I)hour,and in that event,the workday shall commence at 8:00 a.m.and end at 5:00 p.m. 'rhe workweek shall commence at 9:00 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 it lunch period of onc(I)hour),or a% adiusted by starting time change as staled above. All work perforned before 8:00 a.m, and atler 4:30 p.m. (or 5:00 p.rn, where onc(I) hour lunch is granted for a lunch) or aS adjusted by starting tinge change as Stilted above or nn Saturday, except as herein provided, shall be compensated at one and onc-hall' (I!/i) times the regular hourly rate of pay fur the work performed. All work performed on Sunday and on recognized holidays shall b, at double(2)the regular hourly rate ofpay for the work perlorntcd. Wan f:rnployer is prevented From working forty(40) hours, Monday through Friday,or any part thereol'by reason of inclement weather(ruin and nail), Saturday of any part Ihereol'may be worked as it make-up day III the straight hale rate. The I nrployer shall have the option ol'working live eight (K) hour days or liulr ten(10)hour days Monday through Friday, If un Employer elects Io work live(5)eighl (K)hour clays during any wort:week,hours 1 worked more Ihan eight(8)per day or forty (40)how:~per week shall lie paid al time and one-hall'(I!/,)the hourly rate Monday through Friday. Iran Employer elects to work film-(4)(en(10)hour days in any week,work petibi-red more than Ica(10)hours tier clay or forty(40)hours per week shall be paid al time and one-ImIf*(I',) (he hourly rate Monday through Friday. If an Employer is working ten(10)hour clays and loses It clay due to inclement weather,they may work ten (10)hours Friday at straight time. Friday must he scheduled for at least eight (K) hours and nu more than tell(10) hours al the straight time rate, but all hours worked over the lbrty (40) hours Monday through Friday will be paid at fimc and onc-half(I''I.,)overtime rate. ANNUAL, WAGE.ORDE''R NO. 10 A W I a 026(r'f Sillmlor I'nµe.1 of 5 Pages COLT:COUNTY UVEI2'I'lMls SCHh,hUL[.-•BUILDING CONSTRUCTION RLPl,ACI"s1S4E,N'r PAGE, NO. 116: Mcans the standard work dray shall consist of eight(R) hours of'work between the hours ol'9:00 a.rn. and 4:30 p.m. The stundard work week shall consist of live standard work days commencing oil Monday and ending on Friday inchrSivc. All time worked belbre and alter tl►c established eight (R) hour work day, Monday through Friday, and all time worked on Saturdays, shall he paid lair at the rate of'time & one-hull'(I"/2).the hourly base wage rate in clTect. All time worked on Sundays and recognized holidays shall be paid lair tit the rate or double(2)the hourly base wage rate in effect. NO. 122: Forty (40) hours between Monday and Friday shall constitute the nonnal work week. Work shall be scheduled between the hours of 6:00 a.m. and 6:30 p.m., with one-half hour Im lunch. Work in excess of eight (ii) , hours per day till(] roily(40) hours per week, and oil Saturdays,shall be paid tit the rate of one and one-half tines the normal nte. Due to inclement weather during the week,Saturday shall he it voltintar-y make up(illy, 4p r t r . t ANNUAL WAGE,ORDER NO, 1!1 nw t u 026 OT Siip.dvc 1'ottc 5 of 5 Pages COLE COUNTY IiOLIUAI' SC'lll�l)UL.I: — BUILDING CONSTRUCTION RUC TION NO. 3: All work clone on New Year's Day, Decoration Day,.piny 4(11. Labor Day, Veteran's Day, Thanksgiving Day anti Christmas Day shall be raid at the double tinne rate of pay. Whenever any such hoiid:tys fall on L► Sun-day, the hollowing Monday ~11,111 be observed as a holiday. NO, 4: All work clone cm New Ycar•'s Day, Mcnir�rial Day, Independence Day, labor Day, Thanksgiving mnci Christmas Day shall he paid at the douhlc tinic r:ate of pay. 11'nny of the above holidays fall on Sunday, Monday will be ol,scrved as the recognized holiday, it'aily of the above holidays fall on Saturday. Friday will be observed as tine recognized holiday. NO. 5: All work that shall be done on New Year's Day, Manorial Day, Fourth of.luly, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day shall be laid at the double (2) time rate ol'lay. NO, 7: All work done on New Year's Day, Memorial Day. Independence Day, Labor Day. Veteran's Day, Thanksgiving Day,and C hrist►nnas Day shall be raid at the double tir►ne rate of'pay. Ifa holiday calls on a Sunday, it shall be observed on the Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. NO. R: All work pertiornied on New Year's Day, Memorial Day, Independence Day. Labor D..1y, 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 ofpay. NO. 15: All work accomplished on the recognized holidays of New Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of.luly), Labor Day, Veteran's Day, 'i'hanksgiving Day and Christmas Day, or•clays observed as these named holidays, shall be compensated hor at double (2) the regular hourly rate ofwages plus Fringe benefits. lfa holiday Calls on Saturday, it shall be observed on the preceding Friday. If:► holiday 11111s oil a Sunday, it shall be observed on the rollowing Monday. No work shall be pert i-med on Labor Day, Chnstnlas Day, Decoration Day or Independence Day except to preserve life or property. r NO. 19: All work done on New Year's Day, Memorial Day, .filly 4th. Labor Day. Thanksgiving Day, and Christmas Day shall be paid at file double time rate ofpay. The employee may take off i Friday Ibllowing Thanksgiving Day. l lowever, the employee shall notify his oI•her Forennan, General Forennan or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday, the hollowing Monday shill be considered the holiday and all work performed on said clay shall beat the double (2) time rate. When one of the holidays ta11S oft Saturday, the preceding 1.ridLay shall be considered the holiday and all wort: perfiormcd on said clay shall be at the double (2) time rate. NO. 23: All work clone on New Year's Day, Memorial Day, independence Day. Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day Land Sundays shill be recognized holidays and shall be paid at the double time rate or pay. Wheel a holiday falls on Sunday, the following Monday shall be considered a holiday. NO. 54: All work done on New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the hriciuy afte►•Thanksgiving Day, and Christmas Day shall be paid at the double (2) tinne rate of pay. When a holiday (al1S on Saturday, it shall be observed on Friday. Wilen a holiday falls oil Sunday, it shall be observed oil Monday. ANNUAI. WA61" ORDER NO. 10 A WO 10 020 hdp.doc Pop 1 ur 2 Paves 1 COLE COUNTY HOLIDAY SCHEDULE - (BUILDING CONS'( RUCA ION NO. 60: All work perlormed on New Year's Day, Armistice Day (Veteran's Day), Decoration Day (Memorial Day), Independence Day (Fourth of.luly), 'I'hanksgivinl; 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 lulls on Saturday, l ridgy will lie observed as the holiday. When a holiday falls o11 Sunday, the Following Monday shall be observed as the holiday. NO. 66: All work performed on Sundays and the l6.11owhlg recognized holidays, or the days i observed as such, ol'New Year's Day. Decoration Day, Fourth ol'July, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays (rill on a Sunday, the following Monday shall be observed as a holiday. NO. 69: All work performed on New Year's Day, Decoration Day, .luly fourth, Labor Day, Veteran's Lay, Thanksgiving Day or Christmas Day shall be compensated at double(2) their straight-time hourly rate of pay. Friday af'tcr'I'han!<sgiving and the day before Christmas will also be holidays, but if the employer chooses to work these days, the employee will be paid at straight - time rate of pay. If a holiday Calls on a Sunday in a particular year. the holiday will be observed on the following Monday. NO. 76: Work perlbrrncd on Holidays shall be paid at the rate of two limes the normal rate. Holidays are: New Years Day, Memorial Day, Independence Day, Labor Day,Thanksgiving D'ay, Day ,tilerThanksgiving,Chr•istrtlas I:)ay. Ira holiday fulls On a Sunday, it shall be celebrated on the following Monday, if it fulls on Saturday, it shall be celebrated on the preceding Friday. 4P 1 i i 1 i 1 ANNUAL WAGG ORDNR NO. 10 i AWO 10 026 hdy.doc page 2 of 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE County e`ctive asic --ZSver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase_ Rates Schedule Schedule CARPENTER Journeymen _ 5/03 $24.03 7 16 $7.84 Millwright 5/03 $24.03 7 16 $7.84 Pile Driver Worker 5/03 $24.03 7 16 $7,84 _ OPERATING ENGINEER _ Group 1 5/03 $21.70 21 _ 5 $13.00 Group II 5/03 $21.35 21 5 $13.00 Group 111 _ 5/03 $21.15 21 5 $13.00 Group IV 5/03 $17.50 21 5 $13.00 Oiler-Driver _ 5/03 $17.50 21 5 $13.00 LABORER 2 eneral Laborer 5/03 $20.32 2 4 $7.03 Skilled Laborer 5/03 $_20.92 2 4 $7.03 TRUCK DRIVE RJEAMSTER Group 1 _ 5/03 $23.07 _ 22 19 $6.00 Group II 5/03 $23.23 _ 22 _ 19 $6.00 Group III 5/03 $23.22 22 19 __$6.00 Group IV _ 5/03 $23.34 1 22 19 _ $6.00 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. ' 'Annual Incremental Increase ANI4UAL WAGE ORDER NO, 10 7/03 CO1,El COUNTY (WEIRTIME SCHEDULE' -- IIIa.AVI' CONS'I'Ili f('I'ION NO. 2: Means it regular work week of harry 0111) hours will ~tart ern Monday and end ern Friday. The regular work.clay shrill he either eight (8) or left (10) hours. II'a crew is prevented Iron working linty (40)hours Monday through Friday, or any paint thereof, by reason of inclement Welither. Saturday or any hart thereol'may be worked as if make-up day fit the straight time rate to complete forty (40) hours of work in ;I \veck. I mplovices who are hart ol'a regular crew on it make-up( iv, notwithstanding the fact that they may not have been employed the entirc week,shall work Saturday at the straight time rate, Time& one-11a11'(I'/z) shall he laid liar all hours in excess of eight (8) hours per clay (il'working 5-8's) of- tell (10) hours per clay (il'working -1-10's). or I'orly (40) hours per week, Monday through Friday. For all time worked on Saturday (unless Saturday or any portion ol'said clay is worked as make-up to complete forty hours), time and one-hall'(11,A)shall he paid. For all little worked oo Sunday and recognized holidays, double (2) time shall be paid. NO. 7: Means the regular work week shall start on Monday and cliff on I•riday, except where the Hnlploycr elects to work Monday through Thursday, tell ( 10) hours per flay. All work over tell ( 10) hour's in it dav or linty (40) hours in if week shall be at the overtime rate of one and one-hall(I':1 lime; the regular hourly rate. The regular-work clay shall lac either eight (8) or tell (10) !lours. If hi job can't work furry(40) howl Monday through I-riday because of inclement \+.tallier or other conditions bevolld the control ol'the limploycr, Friday or Saturday may be worked as if slake-up day at straight time(if working 4-)0's). Saturday may be worked as if make-up day at straight time (il'working 5-8's). Makc-up days shall not be utilized Cor clays lost front holidays. I{xcept as worked as a make-up clay, link on Saturday shall be worked at one and one-11,110 I':) times the regular rate. Work performed fill Sunday shall be paid at two(2) times the regular rate. Work performed oil recognized holidays or days observed as such, shall also he paid at the double (2) time rate of pay. NO. 21: Mcans file regular work week shall consist of five (ti)eight (K) hour clays, Monday through Friday. The regular work clay liar which employees shall be compensated at straight time hourly rate of' pay shall, unless otherwise provided liar, begin it 8:00 a.m. and end at 4:30 Imu, However. the project starting tinge may be advanced or delayed it the discretion of the II-,niployer. At the discretion of the f�mploycr,when working a five (S) day eight (8) hour sc.hednic, Saturday may be used liar if make-up day. ' The 1:;mployer may have the option to schedule his work From Monday through Thursday at tell (10) hours per(lil), at the straight time rate of pay with all hours in excess of ten ( 10) hours in any one day to he paid at the applicable overtirllt rate. II'the I?nllloyer elects to work from Monday through Thursday and is stopped clue to circumstances heyoncl his control, he shall have the option to work Friday or Saturday sit the straight time rate of lay to colllllele his I'orly (411) hours per work week Overtime will be at one and one-half(I '.:) tinics the regular rate, II'workmen arc rtcluiired to work the recognized holidays or days observed as such. or Sundays, they shall receive double (2) the regular tale of pay Im such work. NO. 22: Mcans a regular work week of Iiuty 0101 hours will start on Monday and end on Friday. The regular work day shall be either eight (h) or ten (10) hours. [I'll drew is prevented from working forty (40)hours Monday through Friday. or any part Ihcrcof by reason of inclement weather, Saturday or ally part Ihcrcof'may be worked as a slake-up clay at the straight tittle rate, Liliployees who arc part of"t regular crew on ;i make-lip day, nolwithsfa ildiul; the face that they may not have been employed the entire , week, shall work Saturday ill the straight tittle role, for all rink worked on recognized holidays, or clays observed as such, double (2) little shall he paid. 1 A\V 10 0.(1 hvycn.doc ANNUAL WAGE.ORDER NO. 10 Paige I(W I ' COLE COUNTY 11OL11)A.l' SC;IlI,I)UI.I: - 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 ol'pay. When it holiday lulls on a Sunday, Monday shall be observed. NO, 5: The Following days are recognized as holidays; New Year's Day, Mcnlorial Day, fourth of.luly, labor Day, Thanksgiving Day and Christmas Day. Ifa holiday falls on a Sunday, it shall be observed on the following Monday. 11'a holiday fulls oil a Saturday, it shall be observed oil 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 (f;) hours toward a Forty (40) (lour week; however, no reimbursement for this eight (K) hours is to be paid the workman unless worked, If*workmen arc required to work the above recognized holidays or days observed its such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The above shall apply to the flair I0's Monday through 'Thursday work week. The ten (10) hours shall he 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 C IlristnlaS Day. Ifa holiday f`hIIS on Sunday, it shall be observed on the following, Monday. Ifa holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under c+.lnStivction. 'This rule is applied to protect Labor Day. When a holiday fuIIS during the normal work week, Monday through Friday, it shall he counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (R) hours is to be paid to the worker unless worked. I f workers are ruluired to work the above recognized holidays or days Observed as such. they shall receive double (2) the regular rate ofpay for such work. NO. 19: The filllowin g days arc recognized as holidays: New Year's Day, Memorial Day, � Y Independence Day, Labor Day, Thanksgiving, Day and Christmas Day. Ifa holiday fulls on a ' Sunday, it shall be observed on the following Monday. When a holiday falls during tilt: normal work week, Monday through Friday, it Shall he counted is eight (t;) hours toward the (Arty (40) hour week; however, no reimbursement for this eight (t;) hours is to be paid the workmen unless worked. I I'workmen are required to work the above enumerated holidays, or days observed is Such, tile)' shall receive double (2) the regular rate ol'pay for such work. Im 10 o26 hvy hoki„c ANNUAL WAGE ORDER NO. 10 1141pe I of I REI'I,AC.EN1F,h'1' I'AGF. OUTSIDE, FLE'CTRICIAN These rates arc to be used for the lollowinl.,couttticti: Adair, Audrain, Boone, Callaway, C•alnden, Carter. Chariton, ("Itlrk. Cole. Cooper. Crawford, Dent, Franklin, (insconade, I Iowan'(, I Ihwell, Iron, ,Ieflcrson, Knox, Lewis, Lincoln, Linn, Macon, Marics, Marion, Miller. Monitcau, Monroe, Montgomery, Morgan, Oregon, Osage, Perry, I'llellls, I'ike, Pulaski, Putnam, flails, Randolph, Reynolds. Ripley, St- Charles, 5t. Francois, tit, Louis City, St, Louis County, Ste. Genevieve, Schuyler, Scolland, Shannon, Shelby, Sullivan, Texas, Warren, and Washington C'0!11N1ERCIA1, \'1'OItK Occupational Title Basic total 1 lotu•Iv Frin v ^� Rate Benefits .._..._......_._-_-. . _ _.. .-----....._..._.._._..-.-.-.__.... .-- -- _...._. ..._. .__ ....__. _..__...____ *lottl•I1C}'Illall Li1lClllall 528.28 S3.25 41.311,n *Lineman OLlcratoly - - _. ._-------.. S25.-�'__.__..._._ _._ S3,2.ti._:'_..`4.1-_3%, _ — -. *Groundnlan `120.04 $3,25 ' 41.31;;, ----__ —_-------- -— - ...._..-- __-_.. _ ... - -- ... ... __._. UTILITY \VORK ------_------_..._._... - .._....- _..... ._. --- Occupational Titic Basic l'otal I luurly l�rin is Rate Ile I)eflIS .. ..._. *,lournevnlan Lineman $27.27 $3.25 37.3'!'(1 *Lineman Operator _ x;23.54 $3.25 37.31!4, *Groundnlan $1 V-)0 S+3 25 3731!,'( __.. .1 OVERTIME RATE,: Eight (9)hours Shull constitute a work day,between the hours of 7:00 a,nl. and 4:30 p.m. forty(40) hours within live(5)clays, Monday through Friday inclusive, Shall conStitule the work week. Work performed in the 9111 and 1 0th hour, Monday through Friday,Shall be paid at Ilnle and one-half(I ".') file regular straight tine ratc of l-lay,Contractor lilts the option to Pay two(2) hours per clay 'It the time and one-hull'(]'::) the regular straight tin° rate of hay between the hours of 6:00 am. and 5:311 p.m., Monday. through Friday. Work performed outside the regularly Scheduled working 110111";',1116 on SaturclayS, Sundays and recognised legal holiday;,or days celebrated as such, shall be paid tor'at the ripe of doltble(2) tulle. HOLIDAY RATE: All work peribrined on New ]'car's Day, Memorial Day, Four th o1'.I11ly, Labor Day, Veteran's Day,'thanksgiving Day.Christmas Day,or days celebrated as such,shall he paid at the double time rate Ulm)'. When onc of the floregoiuh holidays fulls on Sunday, it Shall he celebraled on the Following ' Monday. *Annual Incremental Increusc ' ANNUAL "JAGE. ORDER NO. 10 rul OUT STLAW 10 INLdoc AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAV�I I, the undersigned, _ _ , of lawful age,.first being duly sworn, state to the best of my information and belief as follows: e1. That I am employed as , by 2. That _ was awarded a public works contract for Project No. STP-3900(509) Phase 3, Linden Drive Sidewalk. 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That !_ has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as amended) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of , 20__ NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) ' ) ss COUNTY OF ) F.ICONTRACT DOCUMENTSUnden Drive Sidwalk.wpd June 24,2003 EXCESSIVE UN MIPLOYMENT XCEPTION CERTIFICATION I, the undersigned, _ --. of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. 'chat I am employed as by 2. That was awarded a public works contract for Project No. STP-3100(509) Phase 3, Linden Drive Sidewalk. 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 I� 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, AF IANT 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 ' R CONTRACT DOCUMENTSUnden Drive Sidwnik wpd June 24,2003 1 NOTICE OF AWARD TO; ATTN: _ PROJECT Description: Pro'ect No. S'fP-3100 5095 Phase 3 Linden Drive Sidewalk will p .__ _._L ,_._ include the furnishinq of all material, labor and eguinment to construct approximately 2,172 linear feet of a var&q,lc 4 to 5 foot wide, 4 inch thick Portland cement concrete sidewalk Construction shall consist of gradinc , clearina, excavatin ,,a}!vingldrainage structures and other neces sary irnorovements, i Proposal submitted b The Owner has considered the P op y ou for the above-described y WORK in response to its Advertisement for Bids dated —and Information for Bidders. You are hereby notified that your Proposal has been accepted for items in the amount of $-- _. You are required by the Information for Bidders to execute the Contract and furnish the required Contractor's Construction Contract Performance-Payment Band, and certificates of insurance within seven (7) calendar days from the date of this Notice to ycu. If you fail to execute said Contract and to furnish said Bonds within seven (7) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Proposal as abandoned and as a forfeiture of your Bid Bond, The Owner will be entitled to such other rights as may be granted by law. You are required to return can acknowledged copy of this Notice of Award to the Owner. Dated this day of _ __, 20 CITY OF JEFFERSON Owner By Title . Director of Community Develpament ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged By .._._._ _- _ _ _. —._. _ this the _ �. _ _. day of _ 20 By. _r. _ _____ _ Title �_ CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this > (1/1 day of !�. 1 _` s �.._____..... 2003, by and between Concrete Engineering, LLC hereinafter referred to as "Contractor", and the City of .Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor., tools, rNuiptnent, materials and supplies and for constructing the following City improvement;;: Project No. STP-3100(509) Phase 3, Linden Drive Sidewalk. NOW THEREFORE, the parties to this contract agree to the following: p 1 J 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "Linden Drive Sidewalk" in accordance with the plans and specifications on file with the Department of Community Development. 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 80 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Community Development within ten (10) days after the date of this contract. 3. Prevailing_Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor, Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 10, Section 026, Cale County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all work►Yien employed in connection with the work to be performed under the terms of this contract. The record shall show 1 the actual wages paid to the workmen in connection with the work to be. performed under the terms of this contract. A copy of this record shall be delivered to the Fiscal Affairs Supervisor of the Jefferson City Finance Department each week. In accordance ' with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this cuntract, 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) VVarkmen's_CoLnpensation Insurance for all of its employees to be engaged in work under this contract. (b) ptractor's Public _Liability_ Insurance in an arrrount riot 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 riot 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 Liabilit Insurance -The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City 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 1-Lazard, 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 darnage 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 Responsibillily for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor ® under any provisions of this contract. Nothing contained in this contract shall create ■ any contractual relations between any subcontractor and the City or between any subcontractors. 6. Liquidated Damages. The City may deduct Dour Hundred Dollars ($400.00) from any amount otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 7. Termination The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property,or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. B. City's_Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. 'the foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 1 9. Indemnity. To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out 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 be construed to negate, abridge, or otherwise ® reduce any other right or obligation of indemnity which would otherwise exist as to any l� party or person described in this Paragraph. 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 5, 2003 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 $100,224.62 (One Hundred Thousand Two Hundred Twenty Four Dollars and Sixty Two Cents). 13. Contract Documents. The contract documents shall consist of the following; 1. Advertisement for Bids Meet the DBE Contract Goal 2. Notice to Bidders 3. Information for Bidders 10. Participation by DBEs 4, Bid Form 11. Identification of Participating 5. Bid Bond DBEs ' 6. Anti.-Collusion Statement 12. Certification Regarding 7. Contractor's Affidavit Disbarment, Eligibility, 8, Disadvantaged Business Indictments, Conviction of Civil ' Entorprise Contract Provisions Judgements* 9, Document of Good Faith Effort to 13. Certification Regarding Equal 14. Affidavit of Compliance with Specifications Prevailing Wage Law 29. Supplemental Reporting 15. Prevailing Wage Determination Requirements 16. Affidavit of Compliance - Public 30. Temporary Project Water Works Contracts Law Pollution Control (Soil Erosion) 17. Excessive Unemployment 31. Inspection by Department and Exception Certification Federal Highway Administration 18. Notice of Award (FHWA) 19. Construction Contract 32, Certification Regarding Lobbying 20. Performance, Payment, and Activities Guarantee Bond 33. Nondiscrimination in Employment 21. Notice to Proceed 34. Operating Policy Statement 22, General Provisions 35. Differing Site Conditions, 23, Special Provisions Suspension of Work and 24. Technical Specifications Significant Changes in the 25. No Second-Tier Subcontracting Character of Work 26. Buy American Policy 36. Required Contract Provisions 27. Notice of Requirements for Federal-Aid Construction Affirmative Action to Ensure Equal Contracts Employment Opportunity 37. Required Governmental 28. Standard Federal Equal Environmental Clearance Letters Employment Opportunity 38. Addenda (if any) Construction Contract This contract and the other documents enurnerated in this paragraph, form the Contract between the parties. These documents are as fuliy a part of the contract as if attached hereto or repeated herein. 14. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 15. Notices. All notices required to be in writing pray be given by first class mail addressed to the City of Jefferson. c/o Director of Community Development, 320 East McCarty, Jefferson City, Missouri 65'101 , acid Contractor at 241 Indian Meadow Drive, Jefferson City, Missouri 65101. The date of delivery of any notice shall be the second full day after the clay of its mailing. 16. Jurfsdictiun. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri, IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 2 (� day of 20 G� _. 1 / CITY OF JEFFERSON CONTRACTOR A Y Title: ATTEST: ATTEST: ity clerk Title: APPROVED AS TO FORM: i Cit ounselor r Bond NO. 10385: 1116 PERFORMANCE.PAAYMENTAND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned Concrete Engineering, LLC hereinafter, referred to as "Contracstor" and 1 Travelers Casualty and Surety Company o;' America a Corporation organized under the laws of the State of Connecticut and authorized to transact business in the State of Missouri as Surety, are held and firmly bound unto the City of Jefferson hereinafter referred to as"Owner" in the penal surn of One Hundred Thousand Two hundred Twenty-four DOLLARS ana 621100 ($ 1.00 ,2211 .G2 - - - - --j, 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 1 presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT; WHEREAS, the above bounded Contractor has on the 29 day of�.j ( 200-3 entered into a written contract with the aforesaid Owner ' forfurnishing all materials,equipment,tools, superintendence, labor,and otherfacilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE, if the said Contractor shall and will,in all particulars,well,duly and FACONTRACT DOCUMENTSU..inden Drive Sidwalk.wpd June 24,20D3 7i faithfully observe, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract Documents thereto attached or, by reference, made a part thereof, according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after acceptance by the Owner, then this obligation shall be and become null and void, otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools consunrled or used in said work, groceries and foodstuffs, and all insurance premiums, compensation liability, and otherwise, or any other supplies or materials used or consumed by such Contractor or his, their, or 1 its subcontractors in performance of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with interest as provided by law: PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract, or the work to be performed thereunder, or the specifications accompanying the same, shall in any wise affect its obligation on this bond and it does hereby waive notice of any change, extension or time, alteration, or addition to the terms of the contract, or to the work, or to the specifications: PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and ' any penalty provided for by law which the contractor incurs by reason of an act or omission, in any amount not exceeding the amount of this obligation together with FACONTRACT DOCUMENTSV.inden Unve Sidwtjlk.wpd June 24.2003 1 interest as provided by law: IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at on this the f day of� t'�'s __., 20 03 Travelers Casualty and Surety Company Concrete Engineering, UC. of America SURETY COMPANY CONTRACTOR BY ` - _P (SEAL) BY r 4Ja ss B ( � Z,,-- (SEAL) QY __.._._._(SE.AL) ey in-fact (State Representative) ette Davis (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond,) r r r r rFACONTRACT DOCUMENTS1Unden Drive Sidwalkwpd June 24,2003 i r ate of Missouri County of St. Louis On this 28 g day of_ �, u- -j _ before me, Patricia S. Griser, a Notary Public in and for the said County of St. Louis, State of Missouri, residing therein, drily commissioned and sworn, personally appeared known to me to be the Attorney-in-Fact of _ J�1D tte Davis the colporatiou that executed the written instrument. Travelers Casualty and Surety Company of America PATRICIA S.GRISER Notary Public•Notary Ssa! STATE OF MISSOURI St,Louis County My Commission Expires May 4,2006 tary Public in and for he County of St. Louis, State of issouri. My Commission Expires on May 4, 2006. 1 IN WITNESS WIIEItEOF, TRAVELERS CASUALTY AND SIIRETY COMPANY OF AMERICA, IItAVELEItS CASUALTY AND SURETY COMPANY and FA101INC'I'ON CASUALTY COMPANY have caused this insitu icul to be signed by their Senior Vice President and their corporate seals to be heiclo affixed this 18th day of March 2003. WIT OF CONNIXI-ICUT TRAVRLd?ICS CASIJALI'1' ANI)SURIAT COMPANY Oh AMIERICA TRAVI;LIAIS CASUALTY AND SURETY COMPANY )SS.I_lariford FARMING'I'ON CASUALTY COMPANI' COUNTY OF I WOTOlt1> 'lY AI/D� GpSUq4 0 W MITFORD, < Z 1982' o y 00N"' r aar George W. Thompson -- ! bey • �� Senior Vice President On this 18th day of March, 2003 before me personally came GEORGE: W. THOMI SON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUAL'L'Y AND SURE'L'Y COMPANY OF AMERICA, TRAVELERS CASUALTY AND SUItE'l'Y COMPANY and FARMINC;'I'ON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that (lie seals atTixed to the.mid instrun►ent arc such corporate scaly; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under(lie Standing Itesolutious thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of 'TRAVELERS CASUAIA'Y AND SUKE'I'Y COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMING'I'ON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CER'1'1fY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that ll►c Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,arc now in force Signed and Sealed at the Home Office of the Company, in the City of I larlford, Slate of Connecticut. Dated this Ze, f day of 200-9 1 ~4 Jp-tY AND GLSUA �►�° �`, �' a`�\ Apr `}t 4 1962' o By IitiarFOfln,l� Kori M. Johanson V�'- �`b` , r`'Aet b`'� • ��� Assistant Secretary, Bond TRAVELFItS CASl1Ai CY AND SURV'rV COMPANY OF AMERICA TRAVELERS CASUAI;i'Y AND S1111HTY COMPANY FARMINGTON CASUAIXY COMPANY lartford, Cbnoecticut 116183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF AT"TORNE Y(S)-IN-FACT KNOW ALL PERSONS BY TIIESF, 1'RF:SF:NTS, TIIAT '111AVELERS 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 malm, constitute and appoint; Jeannette Davis, Cathctine Gould, of St. Louis, Missouri, their true and lawful Attorney(s)-in-Tact, 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, 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 sanhc extent as if the s,une were signed by the duly authorized officers of lite Companies,and all the acts of said Attorneys)-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: VO'ITI): 'hthat the Chairman,the 1resideni, any Vice Chairman,any Executive Vice)'resident, any Senior Vice President,any Vice President,any Second Vice President, the'treasurer, any Assistant 'Treasurer, the Corlxrrate Secretary or any Assistant Secretary nhay appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such aplwrntce such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's wal Ixmds, recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognisance,or conditional undertaking, and any of said ollic:rs or (lie Board of Directors at arty time may remove any such appointee and revoke the power given him or her. V017?13: That the Chairman, the President, arty Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President nhay delegate all or any part of the foregoing authority to one or anote officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Sccrctary. I710: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional lidertaking shall be valid and binding upon the Company when(a)sigrhed by the.President,any Vice Chairman,any 6xccutive Vice President,ruiy Senior Vice President or any Vice President, arty Second Vice: President, lhL'freeasuier, any Assistant'Treasurer, the Corporate Secretary ,or airy Assistant Secretary and duly attested and sealed with the Company's seal by a Sccrelary or Assistant Secretary,or(b)duly executed(under sal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the paver prescribed in his or tier certificate or their certificates of authority or by one or more Cornpnny officers pursuant tort 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 anti effect: VarliD: 'Mat the signature of t:ach of the followint; ollicers: President, any Executive Vice President, any Senior Vic President, any Vic: President, any Assistant Vice President, any Secretary, any Assistant Secretary, and tine seal of the Company nury lrc- affixed by facsimile to any power ofattorncy or to any certificate relating thereto appointing Ite:'ident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting fonds and undertakings and other writings obligatory in the nature thereof,and arty such power of attorney or certificate bearing such facsimile signature or facsimile scat shall be valid and binding upon the Company and auiy such power so executed and certified by such facsimile signature and titcsimile seal shell be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11.00 standard) 1.1ravelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your pren,iium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- ' related losses for which the Federal Government or an insurer call be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. SECTION 00550 NOTICE TO PROCEED To: Date: Project: r You are hereby notified to commence WORK in accordance with the Contract dated _^ —, 20 _, on or before , 20 , and Y ou are to complete the WORK within 80 working days thereafter. Owner EY O Title ' ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by _ r , this the day of —, 20 By Title ' NOTICE TO PROCEED 00550/1 =ocumanla and Salllnpsld%rMhWy Documanla lPROJECTS404-01IM00550NOTTOPRO.doc 05101!05 GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-48 are"General Provisions of the Contract",modified as set forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders, General Provisions, Special Provisions, Bid, Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications,and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. The several parts of the Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials,labor,tools,equipment and supplies necessary for constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1)with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Community Development One (1) with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occirs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract"or"Contract Documents"shall include all of the documents enumerated in the previous article. 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or agents. Generally this will be the"City of Jefferson". 3. "Contractor"or the words "Party of the Second Part"shall mean the party entering into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"small mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. FA CONTRACT' C NTRACT DOCUMGNTSM.mden Drive 5idwalk.wpd .lone 24,2003 r 5. "Engineer' shall mean the authorized representative of the Director of Community (Development, (i.e., the Engineering Division Director). 6. "Construction Representative"shall mean the engineering or technical assistant duly:ruthoriz6,d 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 wtrich the successful bidder's proposal is accepted by the City. 8. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of r twenty-four hours each. g. "The work" shall mean the work to be done and the equipment, supplies and materials to be furnished under this contract, unless some other meaning is indicated by the context. 10. "Plans" or"drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City,if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words "as directed", "as required", "as permitted", "as allowed", or wards or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words"approved", "reasonable", "suitable", "acceptable", "properly', "satisfactory", or words of like effect and import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper or satisfactory in the judgment of the City and Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed" or any expression of the like import, such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction" prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. 15. "Consultant"shall mean the firm,company,individual,or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of r the materials to be encountered,the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, ,agent ' or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. The relation of the Contractor to the City shall be that of an independent contractor. ' GP-4 THE ENGINEER April 28,2003 r The Engineer shall be the City's representative during the construction period and tie shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to act on behalf of the City. The Engineer assumes no direction of employees of the Contractor or subcontractors and no supervision of the construction activities or responsibility for their safety. The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. ' Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a good and sufficient surety bond in the full amount of the contract sum. This surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of 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 GP-6.1 GENERAL_ The Contractor shall secure, pay for and maintain during the life of the Contract,insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City. The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. All certificates of insurance required herein shall state that ten (10) days written notice will be given to the City before the 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. April 28,2003 All of said Contractors certificates of insurance shall be written in an Insurance company authorized to do business in the State of Missouri. GP-6.2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY INSURANCE (1) Bodily Injury Liability insurance coverage providing limits for tx)dily injuries, including death, of not a less than $2,000,000 per person and $300,000 per occurrence::. (2) Property Damage Liability insurance coverage for !units of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE_BODILY INJURY LIABILITY& PROTECTIVE PROPERTY DAMAGE LIABILITY_INSURANCE: iCOVERING_OPERATIONS OF SUBCONTRACTORS (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily injury or death. a (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractorshall purchaseand maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 _EXCLUSIONS The above requirements GP-6.2, 6.3.6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of, or structural injury to,any building or structure on or adjacent to the City's premises, or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. ' GP-6.7 AUTOMOBILE BODILY INJURY_ LIABILITY & AUTOMOBILE PROPERTY_DAMAGE LIABILITY INSURANCE _ April 28,2003 Contractor shall carry in his name, additional assured clauses protecting City, liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and$2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobile_and trucks on and off the site of the project. GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION e Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract,and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of$300,000 per person. The"All State"endorsement shall be included. In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect trim against any claims resulting from injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the City from all insurable risks of physical loss or damage to materials and equipment,not otherwise covered under Builder's Risk Insurance,when in warehouses or storage areas, during installation,during testing and until the work is accepted. It shall be of the "All Risks type, with coverage designed for the circumstances which may occur in the particular work included in this contract. The coverage shall be for an amount not less than the value of the work at completion, less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses, if any, to be adjusted with and made payable to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-furnished equipment is less than $10,000 such equipment may be covered under Builder's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material rnen or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The r Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever(except as hereinbefore provided) to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done,and to materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work. ' GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES & CLAIMS INDEMNIFYING CITY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, April 2E1,2003 1 costs, s a r r arising o of action of and from all losses, damages, .,o,ts, expanse ,Judgments, o decrees whateve g ut or suit that may be brought against the City or Engineer or any officer or agent of either of them, for or on account of the failure,omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury, death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents,or in connection with any claim or claims based on the lawful demands of subcontractors, e workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening,which notice shall forthvrith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and omissions or persons directly employed by him. Any notices to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. ' No officer, agent or employee of the City, including the Engineer, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford ' other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor, the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. ' His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and AP0128,2003 P ro for the reception of his work, except as to defects which may develop in the other contractor's P er rece p work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract.,the respective rights of the various interests involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his operations. Flights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, infringement whether such patents are for processes or devices, that might be involved in the construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements, and the Contractor shall at his own expense,defend any and all suits or proceedings that may be instituted at any time against the City for infringement or alleged infringement of any patent or patents involved in the work, and in case of an award of damages,the said Contractor shall pay such award; final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENERA!. These Specifications and Project Plans are intended to supplement, but not necessarily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the one and not in the other, shall be executed just as if it has been set forth in both, in order that the work shall be completed according to the complete design of the Engineer. Should anything be omitted from the Specifications and Flans which is necessary to a clear understanding of the work, or should it appear various instructions are in conflict, then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans, the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules given to him by the Engineer, and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground, or any error or omission in plans, or in the layout as given by stakes, points, or instructions, which he may discover in the course of the work. The Contractor will not be ' April 2.8,2003 allowed to take advantage of any error or omission in the plans or contract documents, as full Instructions %AAll be furnished by the Engineer shor.rld sur„h error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any detail or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practices, as accepted by the particular trades or industries involved, shall be used, GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society, organization or association, or to codes of local or state authorities, shall mean the latest standard, code, specification,or tentative specification adopted and published at the date of taking bids, urrl:ass 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 vx)rk is performed, in substantial accordance with the plans and specifications therefor, The Project Representative assurnes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction Representative, the Contractor may make written appeal to the Engineer for his decision. 4P 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 or 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 constnuction 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 oven expense, and free of all expense to the City, whenever so ordered by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at any time before the final acceptance of the work,even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and specifications except on written order from the Engineer, and the Contractor will be liable for any ' deviation except on such written order. All condemned work shall be promptly taken out arid replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or refuse to comply with instructions in this respect the City may, upon certification by the Engineer, withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents, the City April 28,2003 r shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Engineer,and ' shall furnish any information required concerning the nature or source of any material which he proposes to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes,and continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines,grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged, lost, displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines, offset stakes,bench marks, or other basic reference points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS 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 fumishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. App 28,2003 The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen, and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any ernp►oyee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 (MAINTENANCE OF TRAFFIC Whenever any street is closed,the Police Department, Fire Department,and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic, the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community De=velopment. All detour signing shall conform to the latest edition of the"Manual on Uniform Traffic Control Devices". Throughout the project, wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning frorn sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed,and the wort:at all times shall be so conducted, as to cause the minimum obstruction and inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed and maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Contractor. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those; indicated, shall not constitute a claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely , at the Contractor's expense. Anri128,2003 , Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractors expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He 'shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs, warning light: and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization, is hereby permitted to act at his discretion to prevent such threatened loss or injury, and he shall so act. Any compensation, claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of one (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS If desired by the City, portions of the work may be placed in service when completed or partially completed and the Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work tinder this Contract is finally accepted and for the guarantee period thereafter. April 28,2003 GP-26 ADDITIONAL OMITTED OR CHANGED WORK The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in they 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 exectted change orders issued and signed by the Owner and accepted and signed by the Contractor. All work Increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified tinder one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as"Extra Work" as hereinafter provided in this Article GP-25. If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is riot 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 riot 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 arid 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 gall be entitled to no claim for damages or anticipated profits on any portion of the work that may be ornitted. Extra Work: (a) The term "Extra Work" shall be understood to mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is riot otherwise provided under this Article GP-26. April 28,2003 O b 'The Contractor shall perform all extra work under the d�rec:tion of the Engineer wtien authorized( ) p J by the Owner. The compensation to be paid the Contractor for performing extra work shell be determined by one or more of the followincf methods: 1. Method A: By agreed unit price 2. Method B: By agreed lump sum 3. Method C: If neither Method A or B can be agreed upon before the work is started, then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction, as published by the Missouri State Highway and. Transportation Commission. GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in vmfing. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time, then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this contract,the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy arid after giving the Contractor five(5)days written notice,terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method he may de, n expedient. ' In such case, no further payment will be made the Contactor until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing ttie work, including compensation for additional managerial and administrative services, such expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner. GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court,or other public authority, for a period of three months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract April 28. 2003 and recover from the Owner payment for all work executed and any lames sustained upon and plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done, of from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circurnstances either known or unforeseen, which may be encountered In the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and expense, GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City; such permission however, may be revoked at any tirne by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS During unfavorable weather, wet ground, or other suitable construction conditions,the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the worts in a proper and satisfactory manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case, all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters,or things by this contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors,workmen, material men, or suppliers of machinery and parts thereof, equipment, power ' tools, and supplies incurred in the fulfillment of this contract, the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. , GP-36 CHANGE ORDER Any changes or additions to the scope of work shall be through a written order from the Engineer to the r 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. April 2 8,2003 GP-37 CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will riot be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work Is based upon working days, this time will be specified In the contra^t. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation, If conditions are such as to stop work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive Saturdays, Sundays, and City holidays will not be counted as working days any time during the year, GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, he shall state his reasons in writing, furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be fled with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-39 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the Information for Bidders 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 Did or for such extra work as may be authorized and approved by the Engineer. The cost of incidental work not listed in the schedule of the Hid but necessary for the completion of the project shall be included in bid items. ' (b) DEDUCTIONS FOR UNCORREC7'ED WORK If the Engineer deems it expedient not to correct work that has been damaged or that was not done in May 1,?003 accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools, and equipment to construct the Item as described herein and to the limits shown on the plans. (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate,over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty (30) days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Conrimunity Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP41 RELEASE OF LIABILITY The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. GP42 CERTIFICATIONS GP42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Stich certification shall be delivered in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed necessary to further assure that only specified materials are incorporated into the work. GP-43 LOCAL PREFERENCE i In making purchases or in letting contracts for the performance of any job or service, the purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of ' business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised is equal or better and the price quoted is the same or, less. April 28,2003 GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS On purchases in excess of$5,000, the City shall select products manufactured, assembled or produced in the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-45 AWARD OF CONTRACT - REJECTION OF BIDS rAll bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC_WORKS' CONTRACTS LAW Upon completion of project and prior to flnal payment,each contractor and subcontractor hereundershall Me with the City of.lefferson,Missouri, Department of Community Development,an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo,(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. A Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRA_ CTS LAW AND MISSOURI LABORER REQUIREMENT ' In the event a contractor or subcontractor hereunder flies with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section {April 28,2003 o n compiled, 290.290, RSMo(1994 as amended), when in fact the contractor or Subcontractor has of 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 far any liability assessed against it or any additional expenses incurred. Any contractor who falls to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions, whenever there Is a period of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of Jefferson, Missouri, for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS April 28,2003 r t SPECIAL PROVISIONS FORWARD: The provisions of this section tape precedence over any other provisions in these specifications. SPA TECHNICAL SPECIFICATIONS AND DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans,and any special or specific Specifications as included in the contract documents. All construction details included with the plans and attached hereto shall be used in constructing this project. SP-2 PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid for the project. SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be held to discuss the project,its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner,The Engineer,the Contractor and his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-4 PREVAILING WAGE LAW Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification from a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. FACONTRACT DOCUMENTSUnden Drive Sidwalk.wpd June 24,2003 M In addition, when an aggregate amount is Included, a statement of r the arnount of that aggregate available to date shall also be attached. Complete insurance requirements are contained in section six of the General Provisions of this document (GP-6 INSURANCE) SP-6 MAILBOXES If U.S. Postal Service access to any mailboxes will be interrupted during construction, the Contractor shall contact the U,S. Postal Service to determine where the mailboxes should be set during construction. Mailboxes shall be reset at appropriate locations by the Contractor once work is complete. Any materials damaged by the Contractor shall be replaced with material of better or equal type and quality at the Contractor's expense. SP-7 TRAFFIC CONTROL DURING CONSTRUCTION All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs,cones,and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers, "ROAD CONSTRUCTION AHEAD" signs shall be placed appropriately. Two-way ehicular traffic shall be maintained during construction at Y g all times, In the event of lane closures the Contractor shall provide the necessary traffic control personnel, such as flagmen, and any signing, warning devices and signs necessary to maintain traffic flow. SP-8 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that the use of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and , obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-9 PROTECTION OF ADJACENT PROPERTIES Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation ' during construction. SP-10 UTILITIES ' R CONTRACT DOCUMENTSU.inden Drive Sidwalk.wpd June 2.4,2003 The Contractor shall expose all utility crossings to establish location and depths prior to construction. SP-11 RUCK REMOVAL �j No explosives shall be used on this project. Rock in these areas ® shall be removed by mechanical chipping,jack-harnmering or other methods approved by the Engineer. The payment for rock excavation is hereby set by this special provision at $135.00 per cubic yard excavated. Payment will be based upon actual field measurements of rock excavated and will not be used as a basis for evaluating the project bids. SP-12 ROOF DRAINS All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. See Technical Specifications Section TS-29, Downspout Drains. SP-13 REPAIR OF DRIVING SURFACE ' All sections of pavement damaged or removed during construction shall be replaced in accordance with the following requirements: Existing Pavement Base Surface PCC Street ---- 6" PCC Bituminous Street 8" PCC 1-1/2" AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix is not available. The cold mix shall be removed and the permanent hot mix shall be installed when it becomes available. Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and repair of the driving surface shall be subsidiary to construction. SP-14 PLUGGING AND ABANDONMENT OF EXISTING PIPES ' All pipes to be abandoned shall be plugged and sealed with portiand cement concrete at the locations as shown on the plans. ' All pipes to be abandoned shall be completely filled with clean sand. The sand shall be blown into the pipe by using compressed air or other such means. ' All plugging and filling of pipes shall be subsidiary to the work. SP-15 ITEMS TO BE LEFT IN PLACE FACONTRACT DOCUMENTS1Unden Drive Sidwalk.wpd .lone 24,2003 1 Items marked "LIP" on the plans shall be "left in place". Any damage to these items, or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. SP-16 CONSTRUCTION STAKING The contractor shall provide for all the staking needed to accomplish the project. The cost shall be considered subsidiary to the project. SP-17 SUBCONTRACTING No second-tier subcontracting will be permitted on this project. SP-18 REMOVAL OF TREES The Contractor shall remove all trees that will be impacted by the project prior to construction. SP-19 MISCELLANEOUS CONCRETE Under this item will be quantities for the steps, paved ditches, and all other miscellaneous concrete required for the sidewalk project. The cost will include all reinforcement and other appurtenances required for construction. SP-20 PEDESTRIAN HANDRAIL 4P The Pay Item No. 12, Pedestrian Handrail shall include the cost of the handrail, the concrete cap, reinforcing, and all equipment, additional materials, and labor needed to install the handrail on top of the wall. SP-21 NEW SCHOOL CROSSING SIGNAGE The old signage should not be removed until the installation of the new school crossing signage. Its installation should be in accordance with the MUTCD specifications.The posts used for new school crossing signage, except for the School Speed Limit signs which will be mounted on the existing flashing beacon poles, shall be 1 1/3" X 3" channel posts. SP-22 TOP SOIL FOR LANDSCAPING AND SEEDING AREAS The top six inches of all areas of the project to be seeded or landscaped shall be free of rocks, stones and clods prior to seeding.Accomplishing this requirement may require the contractor to utilize a mechanical rock rake, hand picking of stones, andior placement of 6 inches of clean topsoil. No direct payment will be made for this requirement. SP-23 SUPPLEMENTAL REPORTING REQUIREMENTS ' FACONTRACT DOCIIMENTSU..indon Drive 5idwalkmpd Juno 24,2003 K The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the contractor will be designated to indicate the number of minority and non-minority group members and women employed in each work classification on the project, B. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the State Highway agency and the Federal Highway Administration. C. The Contractor and each covered subcontractorwill submit to the State Highway agency, for the month of July, for the duration of the project, a report(From PR- 1391) "Federal- Aid Highway Construction Contractors Annual EEO Report," indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. SP-25 INSPECTION BY MODOT AND/OR FHWA PERSONNEL Inspections of the work may be made by the Missouri Department of Transportation (MODOT) and the Federal Highway Administration(FHWA). The Contractor shall grant them access to all parts of the work, SP-25 OPERATING POLICY STATEMENT The Contractor shall accept as his operating policy the following statement,or one of equal coverage,which is designated to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment. without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer-, recruitment or recruitment advertizing; layoff or termination; rates of pay or other forms of compensation; and selection for training,including apprenticeship,pre-apprenticeship, and/or on-the-job- training." SP-26 FEDERAL AID REQUIREMENTS ' The attached federal-aid requirements are hereby made part of this contract. A BUY AMERICAN POLICY r0 NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT FACONTRACT DOCUMENTSlinden Drive Sidwaik.wpd June 24. 2003 OPPORTUNITY (EXECUTIVE ORDER 11246) A STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) • TEMPORARY PROJECT WATER POLLUTION , CONTROL (SOIL EROSION)- AUGUST 1972 • CERTIFICATION REGARDING LOBBYING ACTIVITIES ' 0 NONDISCRIMINATION IN EMPLOYMENT 0 DIFFERING SITE CONDITIONS, SUSPENSIONS OF WORK AND SIGNIFICANT CHANGES IN THE CHARACTER OF THE WORK • REQUIRED CONTRACT" PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS SP-27 CONCRETE SLAB PROTECTION The Contractor shall provide all necessary measures which could include but not limited to, temporary shoring, bracing, construction sequencing, additional time and care, etc. to ensure no slippage of the existing concrete slabs occurs during the construction of the proposed sidewalk from approximate station 23+00 to 24+00. The slabs shown to be left in place(LIP)on the plans may be monitored by City and MoDOT staff to ensure they remain in place. Should the slabs slip or shift during construction the Contractor shall be responsible to reestablish their integrity and position at no additional cost to the city. Any additional measures used to ensure that the existing slabs remain in place shall be covered under this lump sum pay item CONCRETE SLAB PROTECTION, Pay Item No. 33. The Contractor shall provide the City a minimum of five days notice prior to any work that may effect or influence the aforementioned concrete slabs. SP-28 VIADUCT MODIFICATIONS Any equipment, material, or labor required to remove, modify, and/or replace any part of the concrete erosion slabs as required Any equipment, material, or labor required to remove, modify, and/or replace any part of the concrete erosion slabs as required per MoDOT specifications shall be covered under the lump sum pay item VIADUCT MODIFICATIONS, Pay Item No. 26 SP-29 MoDOT PERMIT ' This project Involves work on MoDOT right of way from approximately station 2.3+00 to 24+00, because of this the contractor will need to obtain a MoDOT issued permit before any , work can occur END OF SPECIAL CONDITIONS r F:\CONTRACT DOCUMENTSU nden Drive Sidwalk.wpd June 24,2003 r TECHNICAL SPECIFICATIONS TIO NS Modification to SP-1 Technical Specifications The S1'-1 establishes the "Missouri Standard Specifications for Highway Construction 1999" as the Technical Specifications for the project. The following Technical Street Specifications shall take precedence over the "Missouri Standard Specifications for Highway Construction 1999" r r r t r 'C'H,C:IINICt�I "'1'IZEi1 S1'l,C]F-IC'A I C1N' TABLE: OF CONTENTS Section i'a�;e 1.0 Clearing, Grubbing and Renwval 1 2.0 Earthwork 2 3.0 Cleanup 12 4,0 Pipe Sewer Construction 13 5.0 Drainage Structures 16 6.0 Concrete 23 7.0 Asphaltic Concrete 31 8.0 Portland Cemcnt Concrete Pavement 35 9.0 Lawn Rcpair and Seeding 38 11.0 Crushed Stone Driveways 40 12.0 Rip Rap 40 13.0 Rock Excavation 41 14.0 Sanitary Sewer Adjustments 41 20.0 Fencing 43 21.0 Certificates of Compliance 44 22.0 Schedule of Work 47 23.0 Maintenance of Traffic and Access 47 r 24.0 Temporary Surfacing 48 25.0 Dust Control 48 26.0 Property Corners and Monumcntation 48 27.0 Site Cleanup 49 28.0 Traffic Signs, Stop Signs, and Street Signs 49 29.0 Downspout Drains 49 0 Subsidiary ltcs 49 30. Y ro 31.0 Concrete Gravity Block Retaining Wall 50 32.0 Contractor Rcquircments 50 33.0 Handrail 51 OCTOBER, 2001 1 IT'ClINICAL 'I'S-i. C'1,1-'.A)IINC;,GRUBBING AND RFMOVAL TS-1.1 Clearinf-, and Grubbil �v TS-1.1.1 Scone: This work shall consist of clearing, grubbing, removing, rind disposing of vegetation within the COnStRICti011 linlits. TS-1. 1.2 Construction Recilli-renle-1-its: The 1311gifl=r Will CS1,lbliSll the COnSt1-UCtiOTl limits and will flesh-mate all trees, shrubs, vegetation within the construction limits shall be removed and properly disposed of. Stumps and roots in cut area shall be grubbed to depth of not less tiv.1m twelve(12) inches below the finished earth grade. Grubbing of Osage orange or locust liedge shall include removal of roots. In crilbankrilentareaS, undisturbed stumps and roots extending not more than six (6) inches above the ground line may remain, provided al they are a minimum Of three ('3) feet below the Finished earth grade or the slope of the embankment. Except in areas to be excavated, Sti-11111) 1101es shall be backfillcd with suitable material and compacted to the approximate density of the adjacent area. When burning is permissible Undercontrollin,- air pollution regulations, all burning of products of clearing and grubbing shall be done under tile care of a competent watchman at such times and in such manner that neither vegetation on adjacent property nor that designated to remain on the right-of-way will be jeopardized. The burial of stumps and debris will not be permitted on the right-of-way. Products of clearing grubbing may be removed from the right-of-way and disposed of out of sight fi•orn the roadway provided an acceptable written agre�,nicnt with the property owner on whose property the products are placed is submitted by the contractor. The contractor shall scalp all areas where excavation or embankment is to be made, except that mowed, burned over sod need not be removed where the embankment to be constructed is 4 feet or moi-e in licight. Scalping shall include the removal of material such as sod, grass, residue of agricultural corps, sawdust, and decayed vegetable matter frorn the Surface of tile 111-0111►(I WithOUt removing rnoi-e earth than is necessary. The products of scalping shall be disposed of away froin the site of the work Ur)lCSS PCI-11liSSiOn is granted by the 13i-igincer to allow such disposal on the right-of-way. All such disposal shall be M the COntKICtOr'S Sole expense. TS-1.1.3 MCISUrcnient an0.-J1avn.)cn.t.: No 1nClSL1rCHlC1lt Will be made of clearingand grubbing. Payment for clearing and grubbing will be at the lump Stilli price bid. TS-1.2 REMOVALS rS-1.2,1 Scope: This work shall consist of rernoving all drainage St)'LJClUrCS, PIVCMelItS, 2 surfacing, and base courses of all types, curb, curb and gutter, sidewalks and house walks, steps,retaining walls, Foundation walls,catch basins, manholes,drainage and sewer pipes, water and gas main pipes, other objects or structures and other existing improvements which conflict with the work and are not designated to remain in place. No listing of items to be removed will be made. TS-l.2.2 Constnicticnl Rec uirements: Old pavements, abandoned sewers or pipe lines, or other obstructions to the construction of the roadway or within the limits of the right- of-way and not designated or permitted to remain,shall be removed or disposed of by the Contractor away from the site of the work. In removing pavement, curb, curb and gutter, glitters, sidewalk, and other similar improvements, and where a portion of•such improvements are to be left in place,they shall be removed to an existing joint or to a joint sawed to a minimum depth of one inch with a true line and vertical face. Sufficient removal shall be made to provide for proper grade and connections in the new work regardless of any linlits which may be indicated on the plans. All sewers, drainage pipes and floor drains which have been or are to be abandoned shall be permanently sealed at the ends with bulkheads constructed of concrete or , brick masonry, having a minimum thickness of b inches. Tile use ofsalvaged brick will be permitted for constructing bulkheads provided the brick are clean and sound. No direct payment will be made for blocking abandoned sewers, drainage pipes, or floor drains. Broken concrete, paving material, bricks or rubble nlay be placed in roadway embankment provided they are well spread, completely surrounded by dirt and are not located within twelve inches ofthc finished subgrade,shoulder or ground surface. TS-1,2..3 Mcasurement: The work provided herein will not be measured for payment,but will be considered a lump Slltll Ullit. This shall include the removal of all items, whether in view or hidden underneath the Surface of the ground, regardless of whethershown on the plans or encountered during construction. 'I'S-1.2.4 Pa ment: The accepted removal of improvements will be paid for at the contract lump suns bid price. TS-2 EARTHWORK: TS-2.1 Scope: This work shall include;:Ill labor, material, equipment and services necessary to complete all earthwork as shown on the plans and specified herein including ' roadway excavation, embankment, subgrade preparation and finish grading. TS-2.2 Earthwork for Pavement: ' 3 ' I'S-2.2.1 The terns, "Pavement", as used in this Section, is defined as including roadways, roadway intersections, sidewalks, shoulders, cut and fill slopes, driveways, pedestrian/bike trails, parking areas and all other areas of earthwork except excavation and backfill for pipe trenches and structures. TS-2.2.2 Missouri Highway Specifications Section 203 and 207 shall govern all earthwork and grading; for sidewalks and trails except that the proi,isions for measurement and payment therein shall not apply and except as modified in the form of additions, deletions and substitutions in this Article. Where any part of said Section of the Missouri Highway Specifications is so niodified, the unaltered provisions shall remain in effect. TS-2.2.3 Compaction shall conform to Missouri i lighway Specifications Section 203.3. The first paragraph of Section 203.3.1 shall he changed to read as follows: Compaction to at least 90 percent of maximum density, as determined by standard Compaction Test, will be required in the following areas: "I'S-2.2.4 Disposal: Unsuitable excavated materla) Mail) not be used in the embankmems and shall not be disposed of on right-of-way Disposal shall be the sole responsibility and at the sole expense of the contractor. Unsuitable and excess excavated material may be disposed of on private property adjacent to the right-of-way, provided written permission of the property owner is obtained and provided the surface is properly finished and drained. in such cases, seeclint;, sodding, rind other pay quantities shall not be increased thereby. TS-2.2.5 Ditch Cleanout: Special care shall be taken to c)ean out all debris and organic matter from existing roadway ditches to be filled. The ditches shall be carefully backfrlled in deco -dance with the rccluirements herein, using trench rollers or hand-operated power c orrrpactors as may be needed to assure proper compaction throughout. TS-2.2.6 Underr7radine in Rack Cut: In rock cut areas Cxcrlvalloll shall be carried to twelve (12) inches below subgrade to a minimum distance of two (2) feet behind back of curb. }3ackf filling of undergraded cut areas shall be with a drainable material with top surface choked with fines for proper subgrade preparation. ' Whenever possible, this material shall be front project excavation. Where authorized an open-graded(trainable crushed limestone shall be brought in. Undrained pockets shall not be left in the surface of the rock. TS-2.2.7 Sub-grac]c Stabilization: Pockets of unsuitable earth may be encountered in cut areas where it will be impracticable to replace with suitable rnaterials from excavation on ' the work site. In such cases, where authorized by the Frigineer, the contractor shall furnish and place crushed stone base as required to provide a stable sub-grade. Crushed stone base in accordance with requirements of Article TS-11. Where 4 necessary, a portion of the stone base shall be mixed with existing earth to provide subgrade stability, and that portion of the stone base material shall be delivered to the project in as dry as possible condition. TS-2.2.8 Additional Base Thickness: Where, in the opinion of the Engineer, conditions are such that it is impracticable to obtain st►b-grade satisfactory for the design pavement thickness, the contractor may be directed to finish the sub-grade at lower than specified elevation and increase the thickness of base. TS-2.2.9 The rovisions of paragraphs TS-2.2.7 and 8 shall not be construed to relieve the P P contractor of his responsibility for any necessary aeration and compaction of suitable earth at sub-grade level. TS-2.2.10 Protection of Sub-Grade: The contractor shall protect the subgrade by not allowing delivery vehicles of excess weight thereon and by varying the path of delivery vehicles so as to not cause excessive rutting. l icaving or rutting damage to sub-grade caused by delivery vehicles during paving operations shall be immediately repaired and brought back to specified elevation prior to placing base or portland cement r concrete pavement. TS-2.2.11 'Topsoil: The top four(4) inches of backfill shall be top soil, free from rocks,gravel, r and any undesirable materials and shall be material suitable to establish a seed bed. This material may be either top soil available within the limits of the project or it may be top soil furnished by the contractor. No direct}payment will be made for such topsoil, but shall be included in the price for grading and excavation. TS-2.2.12 Area Drainage: All earth areas within and adjacent to the grading limits as shown on the flans shall be graded to drain as directed by the E'ngineer, at one (1) percent minimum slope wherever possible. Special care shall be taken to avoid leaving low areas or water pockets. No direct payment wi 11 be made for such grading except that measurement for payment of Proposal items will be made. TS-2.2.13 Sub-Grade Tolerance: Except as otherwise specified in paragraph TS-2.2.7,the sub- r grade for all paving and surfacing shall be within the tolerance range of minus one- half(%) inch to plus one-quarter ('/4) inch with respect to specified elevation. TS-2.2.14 Borrow Material: (1) �If borrow material is required, the conu•actor shall supply this material from a borrow area off the site. The borrow area shall be obtained by the contractor at his sole expense. Borrow materials shall be approved by the Engineer ' before they are transported to the site of the Project. (2) Materkils shall be similar to soils found on the Project. Soils ;showing high swell potentials will not be approved. I'S-2.2.15 l^xcess Material: All suitable excess material Prong excavation become the property of the City of Jefferson and will be stockpiled at the direction of the Engineer. PS-2.2.1 G Method of Measurement: Mcasurenlcnt of linear grading; and subgrade compaction will be made to the nearest foot, unless otherwise provided in the. contract, Measurement and payment for entrances,approaches and side paved sidewalks shall be made as linear grading. Entrances, approaches and .side paved sidewalks will be measured along the centerline of each facility, regardless of the width to be constructed, beginning at the edge of the road, trail or sidewalk that is being entered and extending to the point of zero ciit or embankment of the entrance, approach or side paved sidewalk. ® FS-2.2.17 Basis of 1'vment: 1'aymc:nt for carthwork subgrade compaction and linear grading �! will be made at the contract unit price which ~hall he full compensation for the excavating, grading and haUhrlg; placing and fornlirig of enlhankillents; preparation of subgrade; shouldering, rounding slopes, picking; up and disposing of field stones and any other work noted on the plans. TS-2.118 Basis_of__Pavment for Unsuitable_ Material: Pavment for- the removal of any unsuitable material shall be made at tilt ccmtract unit price. Payment for the material for backfilling required undergraded areas shall be made at the contract unit price for rock material in place. If additional fill material is required for the unsuitable areas, the additional fill material shall be located, furnished and hauled by the contractor as necessar.v, and will be considered linear grading as n1ClUded ill the original bid item. The contractor shall be responsible for obtaining; all necessary permits and casements. No direct payment for locating, securing easements, securing permits, furnishing or hauling additional fill material rrcluired for the backfill Of unsuitable areas will be made. 'I'S-2.3 Trencllini-i, F.nibedinent and Back ill_for Pipe: TS 2.3.1 wrench L'Acavation and S_heetiilg: (1) i`xcavate in open cut except where boring,jacking or tunnclin h P is specified. 'I reach .valls shall be vertical in streets or improved areas unless otherwise authorized by the E'nginecr. Provide bracing„ sheeting; and cribbing where necessary to prevent caving. (2) All sheeting shall be pulled inunediatcly prior to backfilling around the sheeting. l lowcver, the Engineer play direct all or a portion of the sheeting to be left in place in order to protect the pipe against shock load of caving; ' banks, or to protect adjacent street or property, or to prevent material that cannot be compacted to specified density front c,rving; into the trench. ' 6 1 (3) Where sheeting is left in place, do not brace al"ainst pipe, girt support in a manner which will not apply concentrated loads or horizontal thrusts on the pipe. Cress braces above the pipe nlay he removed after backfill to top of pipe has been completed. (4) 'french walls may be sloped in unimproved areas if' required to prevent caving and if adjacent property or trees to be left in place are riot thereby subjected to additional cutting of roots. (S) See Pipe Embedment Details on flans for rninimurn and rllaximum trench widths. If maxirnurri is exceeded, and strength requirements control, Engineer may direct contractor to install special bedding or heavier class or gage of pipe at contractor's expense. TS-2.3.2 Ground Water and Surface Water: (1) Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing, and pipe embedment operations. Where the trench bottom is mucky or otherwise unstable because of the presence of ground water, and in all cases where the static ground water elevation is above the bottom of any trench bell hole excavation, such ground water shall be lowered by means of pumps or other acceptable means to the extent necessary to keep the trench free from water, pipe: sub-grade stable and firm under foot, fit all times when work- within the trench is in progress. 4P (2) The contractor may use additional granular fill material, in accordance with , the requirements of subparagraph TS-2.3.3 (b), in connection with drainage control, at his own expense. (3) Each excavation shall be kept dry until the backfill is completed to the extent that no damage front hydrostatic pressures, flotation, or other causes will result. (4) Surface water shall be diverted, and otherwise prevented from entering excavations and trenches to the greatest extent practicable without damage to adjacent property from dikes, ditches, or impounded water. TS-2.3.3 I'i c f?oundation, Granular Fill and Trench Bottom Stabilization: (1) All pipe shall be bedded as shown in the "Pipe l mbedment Details" on the 1))a11s. (2) Granular fill shall be clean river gravel or reasonably sound crushed limestone, free of cernentitious, shady,or flat and flaky particles in an arnount , which would cause the rnaterial to cake or pack or otherwise form an 7 unyielding support for the pipe. Gradation shall be such that at least ninety- five(95) percent passes a three-quarter(314) inch square mesh sieve and not over five (5) percent passes a number four (4) square mesh sieve. (3) Stabilization: If the trench bottom at ).lase of the required pipe embedment material is unstable, the contractor shall excavate to an additional depth and backfill with ct-ushed stone as directed by the F?nbineer. The sire of stone used shall be as required for effective stabilization. Where large stone is used,the upper portion shall be choked with smaller stone and no stone larger than one (1) inch size will be allowed within (3) inches of the pipe watt. Stabilization material ordered by the Engineer\viii he paid for in accordance with the stipulations of Articles TS-2.5 and TS-2.6. I lowcvcr, payrnent will not be made For stabilization material or extra granular fill used for contractor's convenience in controlling drainage or as Inny be required to stabilize trench bottoms made unstable through contractor's disturbance thereof or excessive tramping thereon. (4) Pipe shall not be placed over frozen trench sub-grade. (5) Placement of Granular Fill: 1. Place granular fill in lifts not exceeding six (6) inches and bring up evenly on both sides of pipe. Do not dump over side of trench in any manner that will bring earth into the granular fill area or displace the pipe. Compact, vibrate, or slice with a shovel, in such manner that granular fill will take its final compaction and provide Uniform and solid bearing under and around the pipe and its haunches. 2. Screed granular fill as shown on the Plans under elliptical or arch pipe. 3. For a length of two (2) pipe diameters (effective diameter equals average of span and rise for elliptical or arch pipe) on the upstream ends of culverts, omit granular fill. Use selected clay screeded and compacted to not less than ninety (90) percent of standard Density. TS-2.3.4 Bell I loles: Die; bell holes where pipe has bell joints. No part of any bell shall be ' in contact with the trench bottom or sides or granular rill when the pipe is jointed. T'S-2.3.5 Backfill to 'Top of Pipe: (1) Sec "Pipe Enibcdnient Details" on flans. This section covers the back-fill ' from top of granular fill to top of pipe. • (b) Backf i I1 as soon its possible to n7lmn-tize the possibility of damage to joints an s Inconvenience to the nublic. (c) Material to be selected earth or granular fill material, free from sod, sticks, roots, or rocks over one (1) inch Size, to be unfrozen, and to be of proper moisture content for speci f led compaction. Suitable material from the project excavation ~hall be brought in from elsewhere on the work where required. ((I) Place alongside pipe in loose laycrS of six (G) inch maximum thickness, thoroughly compacting each layer. 'fake special care to place and compact material around the pipe so as to leave no voids and to provide uniform lateral support for the pipe, Bring inatcrirtls up uniR)rmly on both sides of pipe, taking special care with corrugated metal pipe. (5) The material shall be compacted to the same density its required for back.f ill above top of pipe. TS-2.3.6 Backfill Above Top ofTihc: (I) General: Back-fill from top of pipe to original surface or to sub-grade where pavement is to be placed is covered by this section. (2) Materials: r I . Material for backf il] above top of pipe shall lie the same as for backiill below top of'pipe as specified in subparagraph TS-2.3.5 (c), except that small sticks and roots less than one-half('l2) inch in diameter, interspersed hard lumps and clods will be allowed insofar as they do not interfere with specified compaction. More suitable material shall be brought from elsewhere on the project if necessary and the unsuitable material disposed of'. if the specified compaction cannot be obtained with earth excavated from the trench, the contractor shall use granular fill or similar approved material at his own expense. 2. Rock larger than one (I) inch shall not be placed within three (3) inches of pipe, Rock larger thin eight (8) inches shall not be placed within two(2) feet of the top of pipe. No rock iarger than two (2) inches may be placed in the upper six (6) inches under pavement stilt-grade. No 1-001: May be placed in the upper twelve (12) inches of trenches through grass parkways or earth areas. 3. Large stones may be pl iced in the remainder of the backfiill only if well separated and so arranged that no interf;:rence with the speei lied backfill will 1 result. (3) Method!;: 9 I. Method of backfill used shall not impose excessive concentrated or unbalanced loads, shock; or impact on, or cause displacement of the pipe. The backfill shall be slowly rolled clown a slope at the end of the trench and shall not be flushed over the side of the trench. 2. Consolidated material weighing morn. than one hundred (1 00) pounds shall not be permitted to fall more than three (3) feet into the trench unless cushioned by at least three (3) feet of backfill over top of pipe. (4) Compaction: 1. tackfill unc}cr a shall be defined as being under all areas to be paved or surface(] for vehicular access, except those to be surfaced with crushed stone. ]'he limiting line for such backfill shall extend from sub-grade at twelve(12) inches beyond edge of pavement or back of curb,downward on a slope not steeper than one(I)to one(I). In areas so defined,backfill shall be not less than ninety-five (95) percent of Standard Density. 2. Backfill in Other Areas: In areas not defined in Item I above,backfill shall be not less than ninety (90) percent of Standard Density. 3. The engineer may cause field density tests to be made whenever deemed necessary. The specified density will be the minimum allowed and the attainment thereof will be entirely the contractor's responsibility. Obvious voids will not be permitted. 4. Thickness of backfill layers will be determined by the coordination of test results with field performance and equipi7lent used. The contractor will be expected to maintain established procedures except where unusual conditions arise. TS-2.3.7 Installation of Pipc in l rrmbankrnent: (1) If embankment is made prior to placing pipe excavate trench, place pipe and backfill, in accordance with the Specifications herein, (2) If embankment is made after placing pipe compact embankment to top of pipe on both skies of pipe for a distance of at least five (5) pipe diameters each side of Pipe. TS-2.3.8 Protection of Pine from T-leavv Equipment: Provide temporary fill to at least two(2) feet over top of pipe extending at least five (5) pipe diameters each side, or greater protection, as required to protect pipe from heavy equipment. Damage to the pipe resulting, frorn excessive equipment loads shall be satisfactorily repaired by the • Contractor at his sole expense. 10 TS-2.3.9 Excavation Ahead for Location of Obstructions: (1) Except where otherwise directed, excavate at least. one hundred fifty (150) feet ahead of pipe laying in order to uncover any possible obstructions in the way of laying the Pipe. If' such obstructions are encountered notify the Engineer immediately so that a needed change may be considered and effected. (2) Changes from flans may he made only on the direction of the Engineer. Such changes may include changes in line,grade,pipe sire or type,additional or less mitering, manholes, etc. Such changes may involve unanticipated moving of underground utility lines. (3) Refer to Article GP-7 regarding protection and moving of utilities and other obstructions. (4) The contractor will be paid for the actual amount of Proposal Items authorized (within the pay limits established) and performed by him. I le will not be paid for unused materials left over or for delays arising from encountering obstructions. TS-2.3.10 Maxinlum length of trenchin g allowed ahead of Pipet la tn�shall be one city bloc=k or four hundred (400) feet, whichever is shorter. TS-2.4 Excavation and I3ackfill_for Strictures: TS-2.4.1 The terin "structures" as used in this Article, means inlets, manholes and all other Structures, not including pipe, TS-2.4.2 Missouri I lighway Specifications Section 206 shall govern excavation and backfill for structures except that the provisions For measurement and payment therein shall not apply and except as modified in the form of additions,deletions and substitutions in this Article. Where any part of Missouri Highway Specifications Section 206 is so modified, the unaltered provisions shall remain in effect. TS-2.4.3 Delete the following from Missouri Highway Specifications Section 206. Subsections 206.2. 206.4.7, 206.4.8 206.4.9 206.4,10 Ind 206.4.11. ' (2) All sections on Measurement and/or Payment. -� specified i paragraph h TS-2.3.3 (c), be installed where fS ..A.4 Crushed stone, as spcci r 1 in i 1: p ( ), required by the stipulations of the Missouri Highway Specifications Article 206.3. This requirement shall apply to all structures as defined in paragraph TS-2.4.1. Stabilization material ordered by the. Engineer will be paid for in accordance with the t ! stipulations of Articles TS-2.5 ancI TS-2.6. However, payment will not be made for stabilization material used for contractor's convenience in controlling; drainage, in fine grading, or as may be required to stabilize stricture bottoms made unstable through contractor's disturbance thereof or excessive tramping thereon. TS-2.1.5 Backf ll for structures shall be in accordance with the applicable requirements of Section TS-2.3.6. TS-2.5 Method of Mcasurenlent: TS-2.5.1 Excavation and Comracted L nibankmcnt: (1 ) The excavation and compacted cinbankinent iterll shall be bid oil a lump sum basis. The work shall be performed in accordance with specifications and in conformance with the lines, grades, thicknesses and typical cross sections shown oil the plans. 2 No measurement for payment will be nlade for any of the following;: ( ) P Y 1. Excavation for stiuctures, or pipes payment will be included in cost of bid item for each. 2. No measurement of borrow excavation will be made. All costs of'supplying borrow material to the Project site shall be included in the bid price for excavation and compacted embankment. TS-2.6 Basis of•Pay_mcnt: TS-2.6.1 Excavation and Compacted Embanknlent, will be paid for at the contract unit price. TS-3 CLEANUP The contractor shall remove from the owner's property and from all public and private property,at his own expense,all temporary structures, rubbish; excess excavation and waste material resulting; from his operations. All material found to be unsatisfactory for backfill shall be removed at the contractor's expense. ' All existing; sod areas shall be hand raked to remove earth deposited on or in them during; construction, ' All ditches shall be graded and properly sloped. Excess excavated material shall be removed from ditches. 12 Shoulders where sodding, seeding or surfacing; is not rec aired ~hall be bladed rand shaped. The project ;.arcs shall be kept at all times as neat and clean as possible. Debris from construction operations shall be removed from the site as soon as construction is completed in a givers area. Dirt )dies shall be removed and the area finish graded as soon as possible after construction of a given section of the project is completed. In no instance: shall dirt piles or debris be allowed to remain can lawn arenas long enough to damage growing sod. TS-4 111f'T? S1?.WI R C't Ns'i-RUC_1 ION TS-4.1 Cieneral: "Phis work shall include the construction of all pipe sewers whether storm sewers or sanitary sewers. "hhc material required for each section of sewer shall be as shown on the plans. Trenc}lulg shall be iii accordance with )'art TS-2 of these specifications. TS-4.2 Reinforced Concrete Pine Storm Sewers, 'f 5-4.2.1 Gcneral: This section covers the materials and construction of reinforced concrete pipe storm sewers. Other types of pipe and all appurtenant structure are covered in other sections of these specifications. TS-4.12 Material: All reinforced concrete pipe shall conform to the requirements of ASTM C- 76-621, Ciass Ill, Wall B. Pipe joints shall be tongue a.ld groove or bell and spigot type. 4P Pipe for use on the project shall appear neat and well rnade. It shall be free of'cracks, broken places, and obvious manufacturing defects. All pipe shall be stamped on the inside with its class before delivery to tic job site. TS-4.2.3 Pi c. Laying: Pi e shall be carefully handled by sling or other means to protect it .MI?___._..y_ , p 5 6 P from damage. Particular care shall he taken to avoid any free fall or shock to the pipe. Pipe shall be carefully placed on the prcp ared bedding material and jointed as specified below. Pipe shall be laid true to botli line and grade and shall produce a straight line between structurcs except where other than straight alignment is required or allowed by the plans. Where curves arc required they may be accomplished by the following methods: (1) If the curve is slight or if tilt ra(.lius cif the curve is very long, curving may be accomplished by deflecting cash pipe joint in the curved section equally to forth a srllootll uniform Curve. In no case shall any pipe joint be deflected to the extent that the maxitmim opening of the Joint exceeds one half theJolnt depth (one half tile depth of the socket). 13 r r (2) Short radius bends shall be accomplished through the use of factory made mitered pipe sections. These sections shall he fabricated specifically for a given curve. and, when properly assembled, shall produce a uniform curve (consisting of a series of short chords) of the specified radius. Pipe shall be placed in accordance with the ill anti racturer's recommendations and the details given on the plans. rAll pipit laying shall begin at the lowest point on the sewer proceed to the higher parts. rS-4.2.4 Jointing: Pipe jointing; shall be as specified in Section 726.3 of"Missouri Standard Specifications for lliL'llway Construction", except as follows: 1 Cement or tar Joints other than "diaper"joints will not be permitted. (2) Pipe joint surfaces shall be clean prior to jointing. (3) Care shall be taken not to allow bedding Material or other cleleterious matter to enter the joint during; pipe laying or jointing. TS-4.2.5 l3ackfill: Following jointing sufficient bedding material shall be placed and compacted along the sides of the pipe to hold it securely in ;dace during; the backfill Operation. Sec plans for bedding details. Next, the trench to 12 inches above the top of the pipe shall be backfilled with layers of carefully compacted select backfill material. This material shall be placed and compacted simultaneously on both sides of the pipe. 13ackfill above this joust shall be as specified TS-2. TS-4.2.6 Pipe-Anchors: Wherever storm sewer does not outlet into a paved channel or other structure, pipe anchors will be required to connect all pipe joints in the 20 feet of storm sewer preceding the outlet. This 20 feet shall include the )eng;tll of the end section. TS-4.3 CorrtrMatec) Metal Bile and Pipe .Arch Storm Sayers TS-4.3.1 Scoi1e: This specification covers corrugated meta! pipe, pipe arch, and fittings which ' shall he furnished and installed complete with connecting bands and other necessary appurtenances for sewers and culverts. Wherever applicable, the terns "pipe" shall also include pipe arch. TS-4.3.2 Uses: Where "CMP" is called for or allowed on the plans corrugated steel pipe as specified herein play be used. r t i 1 TS-4.3.3 Materials: TS-4.3.3.1 Corrugated Metal PiDc 111d Pine Arch shall he in accordance with AASIiO Designation M36 for riveted pipe and pipe arcli. i lelically constructed corrugated steel pipe which meets all other criteria of this section may be ltsecl provided the corrugations of the ends of the joints of pipe are made annular for tighter jointing,, Unless otherwise Specified or shown on plans, gages shall be as follows; Round Pine G" through 24" diameter - lei [,a. 30" through 36" diameter - 14 ga. 42" through 54" dianicter- 12 ga. 60" through 72" diameter - 10 Va. Pine Arch r 18" x 1 1" through 25" x 16" - 16 ,a. 29" x 18" through 36" x 22" - 14 ga. 43" x 27" through 65" x 40" - 12 ga. 72" x 44" - 10 ga. 79" x 49" - 10 ga. TS-4.3.4 Alignment and Gracie: Corrugated metal pipe shall be aligned and graded in 4P accordance with the requirements for reinforced concrete pipe. Where plans show grade change between strttcnures or slight alignment ehange to clear obstructions, deflect pipe and joints over a distance as required, aftcr joints have been coupled aril only to the extent that joints will not be over-stressed, TS-4.3.5 Lay_ing-EiLc: Pipe shall be protected from lateral displacement by means of pipe embedment material installed as provided in the trench backfill specification. No pipe shall be laid in water and no pipe shall be laid in unsuitable weather or trench conditions. Wlierl jointed in the:trench, the.pipe shrill forma true and sniootli line. Pipe shall not be trimmed except for clo.,ure, and pipe not making, it good fit shall be removed. Unless otherwise approval by the Engineer, the laying of pipe shall begin at the lowest point and the pipe shall be installed so that the outside laps of circumferential ,joints point upstream and with longitudinal laps on the sides. TS-43.6 Cottjili� Pi y: Pipe ends shall be butted as closely as the corrugations will permit, then jointed with a firmly bolted coupling band. Draw coupling bands tight. Merely 0 r tightening bolts will not be adequate. Lubricate Contact surfaces of`coated pipe and bands with fuel oil or similar solvent. Tap the bands with heavy wooden or rubber mallet. Use chain clinching device or special clamping; device il'required for tight connection on larger pipe. Field coat coupling bolts,, nuts and rods with bituminous material after installation. ' `I'S-4.3.% Installing F-,nd sections Prepare hoist clayey sail hearing shaped to end section and place thereon. Join end section to pipe with coupling hand. The toe plate shall be set in a trench and hackfilled with compacted moist clavey soil oi-driven to the required elevation. TS AA Measurement apd_Payp).ent 'I'S-4.4.1 CCMII and RCP Pipc: Pipe will be tileasured per linear foot of completed pipc in Place. Payment will be made at the unit price bid per linear foot for the completed pipe in place. Payrllctlt Shall irlcludc all costs of f'tlrnishing, and installing pipe including trenching, backfllling of pipe. TS-4.4,2 CMI' and RCP Fnd Sections: f:nd section will he measured as one unit each complete in place. Payment will be made at the unit price hid for each complete end section in place. e Pavlllent shall include all costs for furnishing and installing end section including trenching, backfilling. TS-, DRAINAC►1.'._STRUCI'URF'S I'5-5.1 Scone ear Vti'c�rk: The wort: shall co nsist of� f�urnishim all labor, materials, and equipment necessary to perfornL all opernnions in conr►ection with the construction of _function boxes, inlets and catch basins required For the project in accordance with the specifications and drawing. Items not specifically mentioned, but necessary for completion of the work shall he considered as incidental to other iterns in the contract. TS-5.2 Materials: I. Concrete shall be Class "It" Portland C:'ement Concrete in accordance with the requirements of Section TS-6 of'thcsc specifientions. 2. Reinforcing steel shall consist c:►felefornled bars of grade 40 steel conforming to the requirements of ASTM designation AG 15 or of wire fabric conforming to ASTM designation A 185. IG 3. E-xpansion Joint fillers shall be of a non-extruding type conforming to ASTM designation 171751 and cut to tile dimensions shown on the plans. TS-5.3 Ha rthwork: 'Phis section shall cover all necessary excavation and back fill required for construction of the various structures. All applicable portions of Scction'i'S shall apply to tlus work.. 1 ar•ticulaircare shall be taken to protec=t existing Underground utilities and surface improvements. Excavations for structures in improved areas shall be held to the smallest practical i dimensions, No increase in payment for street or lawn repair will be made to allow for areas disturbed by such excavations. StruCtlU'CS shall be founded on undisturbed subsoil, if subsoil is not firm,over-excavate and replace with gi-anular fill as required. Section TS-2.2 shall apply for subgrade stabilization under structures. Backf ill requirements for each drainage structtn-c will he the saline a, that of the pipe to which it is connected. If more than one pipe is connected to the structure, the higher hackfill requirement shall apply. Backfill under Curb transitions shall he to 950,40 of Standard I,Oaximuni Density. All excavations shall be kept drained until the structure is constructed and back-filled. TS-5.4 Construction Methods: TS-5.4.1 Forms: Forms shall he of wood, plywood, or any other suitable mate=rial, designed, 4P constructed, braced and niaintaincd so that the finished concrete will be true to line and elevation and will conform to the required dimensions. They shall be designed 1 to withstand the pressure of the concrete, the effect of vibration as the concrete is placed and all other loads incidental to the construction operations without distortion or displacement. They shall be mortar tight. Oiling both inside and outside surfaces will be required to prevent warping, shrinkage, or swelling. Forms shall be constructed and designed so that their removal can be effected without injury to the concrete and so that portions where surface finishing is required may be removed without disturbing forms that are to remain. Dirt, chips, sawdust, nails and other foreign matter shall be removed before any concrete is deposited therein. Tic rods, belts and anchorag" within the forrr►s shall be constructed so as to permit their removal to a depth of at lean I '/ inches from the fi►ce without in to the concrete. In case wire lies were used,upon rernoval of the, forms, all projecting wire shall be cut hack at l east 'V. inch from face cif all surfaces that will be exposed to view after the completion of'the; work aru] flush with the face of all concrete surfaces that will not be exposed to view. All fittings for metal tics shall he of such design that, upon their removal, the cavities which arc left will be of the smallest practical size. 17 TS-5.4.2 Inlet and Outlet Pijjjq; Pipe or tile placed in the concrete for inlet oroutict connections shall extend through the concrete walls beyond the outside surfaces of the walls a sufficient distance to allow for connections, The pipe or tilt shall be placed through the forms and poured in place, I!• The ends of the pipe shall be flush with the inside wall of the structure. 'I'S-5. 1.3 Reinforcement: 1. Placement. Reinforcing bars shall be accurately placed as shown on the plans and shall be firmly and securely held in position in accordance with Concrete Reinforcing; Steel Institute "Reeontntended Practice for Placing Reinforcing Bars", and by using; concrete or metal chairs, spacers, instal hangers,supporting;wires and other-approved devices of sufficient strength to resist crushing under full load. Metal chairs, which extend to the surface of the concrete (except where shown on the plans} and wooden supports, shall not be used. Placing bars in layers of fresh concrete as the work progresses and adjusting; bars during tile, placing;of concrete will not be permitted. Before placing in the forms, all reinforcing steel ,shall be cleaned thoroughly of mortar,oil, dirt, loose mill scale, loose or thick rust, and coatings of any character that would destroy or reduce the bond. No concrete shall be deposited until the placing of the reinforcing steel has been inspected and approved. 2. SlIiicirm. Splices of bars shall be made only where shown on the plans or as approved by the Engineer. Where bars are spliced, they shall be lapped at least 30 diameters, i.inless otherwise shown on the plans. r Splicing;shall be accomplished by placing; the bars in contact with each other and wiring them together. Welding; of reinforcing, steel or cutting with a cutting torch will not be permitted unless specifically authorized by the Engineer, 3, Bending; Reinforcement. Bends and hooks in bars shall be made in the ' manner prescribed in the "Manual of Standard Practice" of the American Concrete Institute. Bars shall not be heat or straightened in a manner which will injure the material. Bars with kinks or unspecified bends shall not be used. 4. Welded_Wire Fabric. Welded wire fabric shall be spliced not less than two meshes. It shall tae lifted carefully into its specified position after the concrete is placed but still plastic. IK r TS-5.4.4 Concrete Placement: Concrete construction shall be in accordance with Section TS-7. Concrete shall he conveyed, deposited,and consolidated by any method which will preclude the segregation or loss of ingi-cdicnts. Chutes used in conveying; concrete shall be sloped to pernllt concrete of the consistency required to flow without segregation. Where necessary to prevent segregation, chutes shall he provided with baffle boards or a reversed section at the outlet. Where a sequence for placing concrete is shown on the plans, no deviation will be permitted unless approval in Writing by the Engineer. Where concrete is to be deposited against hardened roncrt.te at horizontal construction joints, placing; operations shall begun by conveying a grout mixture through the placing system and equipment, and depositing th% mixture.. on the joint. The grout mixture shall consist of a Modification of the Concrete specified to reduce the quantity of coarse aggregate in the nlix larger than pca-gravel size to one-half the quantity specified. To avoid segregation, concrete shall be deposited as near to its final position as is practicable. The use of vibrators for extensive shifting of the mass ref concrete, will not be permitted. Concrete that has partially hardened or is contaminated by foreign materials shall not be deposited in the structure. 4P Concrete shall be placed in horizontal layers insofar as practical. Placing shall start at the IOW point and proceed upgrade unless otherwise permitted by the Engineer. Concrete shall be placed in a continuous operation between Construction joints and shall be terminated with square ends and level tops unless otherwise shown on the plans. Concrete shall not be permitted to fall more than six fCCt without the uSC of pipes or tremics. Pipes or tren11C5 shall be at least six inches in diameter, or the equivalent cross sectional area for rectangular sections. Concrete shall not be placed in horizontal members or sections until the concrete in the supporting vertical members or sections has been consolidated and a 2-hour period has elapsed to permit shrinkage to occur. Concrete shall be thoroughly vibrated in a manner that will encase the reinforcement ' and inserts, 1111 the forms, and produce a surface or even texture free of rock pockets and excessive voids. Structural concrcte, except Slope rrvin g Stec der than one (1) inch per foot, such as 1 p l b 1 P Spillway aprons and channel lining, and concrete placed under water, shall be consolidated by means of high frequency internal vibrators or a type, size and number approved by the Engineer. The location, manner and duration of the 19 t application of,the vibrators shall he such as to) sccurc maximum consolidation of'the concrete without rIeparation of the mortar and coarse af;g;rcgtatc, and without causing water or cement paste to flush to the surface.. Internal vibrators shall not be held against the forms or rcinforcinft steel. The number of vibrators employed shall be suflicietlt to consolidate the concrete within 15 minutes after it has been deposited in the forms. At least two vibrators in good operating;condition shall be available at the site of*tile.structure in which more than 25 cubic vards of'concretc is to he Illaced. TS-5.4.5 aoiryts: The work shall be so prosecuted that collstruction joints will occur at designated places shown on the plans ut►less otherwise authorized by the F;rlguleer. The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such Joints. Joints shrill he kept rigout until adjacent concrete is placed. 1 All C011sh"llCllon jOilltS 1IM"ll , a keyed, stcppcd, o►• roughened surfi►ce shall be cleaned prior to placement of'the adjacent concrete as directed by the Engineer. I.:xpansion and contraction joints in concrete structures shrill be tbrrned where shown Oil the plans. No reinforcement shall be extended through the joints, except where specifically noted or detailed on the plans. No direct payruent will be made f2)r Iurnishrng and placing:; asphaltic paint, pre- molded asphaltic filler, or other types of joint separators. The cost therefore shall be included in the price hid for the item of'wolk of ,vhich they are a part. TS-5.4.6 Cold Weather Requirements: Whenever the tcmperature of the surrounding; air is below 40° T., or when the possi)illty exists that the temperature will fall below 40°F, within the 24 hour period after concrete operations, concrete:placed in the forms shall have a tcrnperature of hctwcen 80° F and 100" F. All concrete shall be maintained at a temperature of not less than 50° 1" tier at least 72 hours or for as much time as is necessary to insure proper curing; of the concrete. The housing.;, covering, or other ' protection used in collrlectioll with curing shall remain in place and intact at least 24 hours after the artificial heating is discontinued. No depcndencc shall he placed on salt or other chemicals for the prevention of freezing Contractor will he held responsible fur any danlal;c to concrete as a result ofcold weather operations. TS-5.4.7 Inlet tops shall have Irg,ht broom finish. C.mh transitions shall have broom finish. Contraction joints shall be cut where Shown, Cut each I ! inches deep and finish with joint tool, TS-5.4.8 li veijs: Inverts shall be carefully constructed to maintain the propel velocities through the structure, and in no case shall the invert sections through the structure be ® greater than that ol'thc out,voing, pipe. The shape of the invert shall conform exactly 70 1 to the lower half of the pipe it connects. Use half circle template; to check invert shape and size: while building. Grade on the invert shall be such that no water pockets are formed, Side branches shall be connected with as large radius of curve as practicable. Inverts shall be constructed of concrete conforming to the requirements of'Section TS-6. Concrete filling between the sewer invert and walls of structure shall be flush with the top edges of the invert and shall slope lip from the invert at the rate of three (3) inches per foot. Inverts shall be troweled smooth and clean. Where water problems require, use quick setting cement to aid in construction of smooth inverts. TS-5.4,9 St S: When shown on the plans, shall he solidly grouted in place with full mortar encasement. TS-5.5 Precast Concrete ltilets: I. Precast concrete inlets shall be constructed in all respects in accordance with the flans and Specifications except as provided ill the following items of this subparagraph. 2. All applicable requirements of ASTM C"-471; shall apply to the manufacture of precast concrete inlets. qP 3. The manufacturer of precast concrete inlets shall submit detailed drawings ' and specifications for the construction of the basic precast units and appurtenances to the Engineer and Owner for prior approval. A shop drawing for each inlet showing din-rensions, elevations and openings, shall be submitted to the Englneer and Owner for approval prior to manufacturing of the Units. 4, Wherc, dividing walls arc used or where multiple precast units are used, the total net length of opening shall equal the length of inlet specified on the project plans. Interrnedlate wall openings shall be large enough so as not to cause hydraulic head loss. Location and number of manhole openings, as well as openings in walls shall be as required to promote easy access to all part!,, of the inlet, subject to the Engineer's approval. 5, The walls of the entire structure shall be set in place on concrete blocks prior to pouring concrete base slab, The base slab shall be reinforced in accordance with the project plans, and the bottom of the base slant shall be at least the distance below bottom (.)f precast wails that is shown on the project Prins. The entire base slab shall be poured monolithic and shall be brought ' LIP to a level of at least six (6) inches above bottorn or precast walls. 21 r r 6. Mastic pipe joint compound sliall be used in horizontal joints and where walls of multiple sections join, in order to form a reasonable watertight structure. 7. Where top slabs of multiple sections ,join, the joint shall be scaled with General Electric single component silicone,gray color,strictly in accordance with the manufacturer's recommendations. 8. Top slabs cast separately from inict walls shall be anchored against lateral movement with respect to walls by a steel dowel in each corner extending from the walls through holes in the slabs. The top slabs shall be set accurately to line, grade and slope and grouted securely in place. TS-5.6 Precast Concrete Manholes: ® TS-5.6.1 Materials: Precast Concrete Manhole Rings. ASTM Designation C-478, except as r indicated below: (1) Shell Thickness: Inside Diameter Shell of Manhole Thickness 4' - 0" 5" 5' - 0" G" 6' - 011 Tf (2) Precast Flat'rons. Designed to withstand I-1-20 wheel load plus 30% impact, AASHTO "Standard Specification for I-{ighway Bridges". (3) Conical Tops. Eccentric cone preferred. (4) Manhole Steps. When shown on plans, shall be solidly cast in place or set with expanding grout. (5) Shipment to job not allowed until units have cured sufficiently to prevent damage in handling. (6) Approval. Submit all details to Engineer and Owner for approval prior to manufacturer. ' TS-5.6.2 Setting PrecastRiii>f S: Rings maybe set either on a previously poured,properly cured base slab or may be blocked in place with solid concrete blocks while the base slab is poured around the first ring. 1 i Rings shall beset with the bells up. Butter both bell and spigot ends with pre-mixed sewer joint mastic compound, as approved by the Engineer, and set the next section in place. Wipe joint smooth on the inside and fill all joints inside and out. Watertight joints will be required. Where precast manholes are constructed in existing or proposed streets, 3 courses of brick shall be placed between the precast cone and the casting. TS-6 C'ONCR1. I'1;: TS-6.1 General: ,rs-6.1 .1 Descrimion of Work Included: All concrete required on the project except precast material. TS-6.1.2 Quality Control: TS-6.1.2.1 SLInervision: 2. Provide full time superint:Indent on the project who is qualified and experlerlcecl in concrete corlstrtictiorl. Superintendent shall direct all work in Connection with concrete construction. 3. Finishers shall be journeymen concrete finishers experienced in concrete finish work. TS-6. 1.2.2 S Lill I'll itt,-tlS: Contractor shall submit name and location of transit mix company for approval along with Complete flitta on gradation and durability of aggregate, mix, additives and Cement. TS-6. 1.3 Product I_Iandlil!g: TS-6.1.3. 1 Transit Mix: Concrete shall be handled and preserved in its "batched" proportion during transportation. Mixing time shall not exceed 45 minutes and excess water shall not be added. Concrete in;properly careci for-or mixccl in the truck longer than 45 minutes shall be disposed of away iron, the project. ,r s-6.1.3.2.a.2 f)c(*ccti%,c Concrete: Damaged or defective concrete shall be repaired or removed and e replaced immediately as directed by the i nginecr. TS-6.2 Materials: TS-6.2.1 General: , 23 1. All concrete used in the project shall be furnished by a reputable permanent concrete plant using transit mix trucks. The plant shall be located within a reasonable distance front the project so travel time is 30 minutes or less. Supplier shall have adequate bins that weigh material by approved scale system. The supplier shall have an adequate number of modern trucks to insure delivery of concrete as required for placing schedule. Supplicrshall be subject to approval of the Engineer. 2. 'file contractor shall use whatever means necessary to insure concrete delivered to the project is properly batched with approved kinds and quantities of materials. 3. A copy of the delivery ticket for each load of concrete shall be provided the inspector as each truck is unloaded. Delivery ticket shall include the following information: (1) Name of concrete company (2) Serial number of ticket (3) Date (4) Number of truck (5) Narne and location of job (6) Identification of concrete mix delivered (7) Volume of concrete in truck (8) Time concrete was loaded (9) Amount of water added at plant TS-6.2.2 Cement: All cement shall be Type I Portland Cement conforming to ASTM C-150. All concrete for curb and butter and concrete pavement to include sidewalks and trail shall contain not less than 6.5 sacks cement per cubic yard. All other concrete shall contain not less than 5.8 sacks cement per cubic yard. TS-6.2.3 rune A arc f�c: Fine aggregate shall consist of natural sand conforming to ASTM C- 33. Sand shall be well graded, washed, clean sand froin the Missouri l:iver Class I or equal and shall conform to the following sieve analysis: Sieve Sire Percent Passitig 3/8 inch 100 No. 11 95-1100 ' No. 20 40-75 No. 50 5-30 No. 100 0-10 ' The sand shall not have snore than 351/0 retained between any two consecutive sieve sizes. Fineness modulus Shall not be less than 2.5 nor more than 3.1.\ ' 24 The amount of deleterious substances in fine aggregate, each determined on independent samples complying with the grading requirements of Division 3, shall not exceed the following limits: Table 1. Limits for Deleterious Substances in line Aggregate for Concrete: e Maximum. percent by item Wci�ht t�f'Total S�im��lc Clay Lumps 0.25 Material Finer than No. 200 Sieve 2.00 Coal & Lignite 0.25 Sticks, Leaves & Other Deleterious Material 0.25 Fine aggregate shall be free of injurious amounts of organic impurities. Except as J 1� } p herein provided, aggregates subjected to ASTM test No. C:40-56T for organic impurities and producing a color darker than the standard shall be rejected. r Fine aggregate shall be fee of material that could react harmfully with alkalies in the cement. If such materials are present in injurious amounts, the fine aggregate shall be rejected, or shall be used with cement containing less than 0.6 percent alkali calculated as sodium oxide or with the addition of a material that has been shown to inhibit undue expansion due to the alkali-aggregate reaction. Except as provided above, fine aggregate subjected to five cycles of the soundness test(ASTN C88-59'1'),shall show a loss, weighted in accordance with the grading of a sample complying with the limitations set forth above, not greater than 10%when sodium sulfate is used or 15% when magnesium is used. TS-6.2.4 Course Atgre =atc: Course aggregate shall be crushed limestone produced from the Callaway formation orequal having an estimated history of sound material and shall be approved by the Engineer. Furnish soundness test results for approval of source. Coarse aggregate source shall not contain chert deposits. Gradation Sieve S17e Percent Passing 1 '/ inch 100 1 inch 95-100 '/: inch 25-60 No. 4 0-8 No. 10 0-3 Satisfactory experience record shown for durability, other wise pass soundness test 25 ASTM C88-5 cycles rising rnagnesiiim sulfate without splitting or losing more than 150io weight. Contractor shall arr age and pay for testing if adequate history is not available. 'f 5-6.2.5 Water: Water for mixing acid curing concrete shall be clean, and free from injurious amounts of'sewage,oil, acid, alkali,salt or organic matter. Only potable water shall be used. TS-6.2.6 Cpncrete M y All concrete for the project shall conform to the design mix listed in the table. below. The concrete rnix shall include air entrainment not to exceed 7 percent air: Maximum aggregate size I inch Maximum water 250 lb/cy W/C weight ratio (max.) 0.450 Cement -6.5 sacks per cubic yard for curb & gutter and pavement to include sidewalks and trail 1 -5.8 sacks per cubic yard for all others The contractor shall furnish laboratory design mix For the approved materials. Water reducing and air entraining agents shall be subject to Engineer's approval. TS-6.3 Construction Requirements: TS-6.3.1 Preparation: TS-6.3.1.1 General: 2. Clean all forms and correct all find grade clainage. 3. Wet down all subgrades. 4. Verify all needed equipment fair placing concrete is on hand: Vibrators,crane or pump, tremies, flumes, finishing equipment. 5. All keyways are to be in place. 6. Dry up excavation if any water is present. i. ]-lave cold weather equipment oil hand if applicable. ' S. Notify Engineer at ]cast 24 hours in advance of placing concrete. TS-6.3.2 Placing Concretc: TS-63.2.1 Genera]: 26 I, All concrete shall be placed ul a manner and with adequate equipment which Shall bC .SLIblect to the Engineer's approval. Equipment for placing concrete shall include flurnes, tremics, cranes or concrete pumps for placing concrete: hand tool and finishing equipment for manipulation as needed, 2. Concrete shall be placed in a logical sequence that will permit efficient operation, but shall provide structural continuity and strcng;th required, Placing scqucnce shall be subject to general approval by the 17.11gineer, 3. Flumes shall not be used at slo lcs laer than 4.5 degrees. Concrete pumping 6 equipment shall be designed for the purllo,se - shall be subject to approval by the Engineer. 4. Subgrade shall have been fine graded and moistened prior to placing concrete. Forms and keyways shall be carefully cleaned prior to placing concrete. Concrete shall be placed in locations not to exceed 12 feet apart, Placing; shall be a continuous operation using, a heavy duty vibrator. 5, `tremics required for depth greater than G foot, G. In case of'pending inclement weather, prepare temporary covers to protect freshly placed and finished surfaces from surface damage. Protect for 12 hours. 7. Embedded screeds may I,•,c used unless otherwise called for. Screeds shall be accurately set and held in place by solid steel rods with mechanical clamps for attaching screed. Wood screed supports shall not be used. Screeds must be removed and voids filled while concrete is plastic. 8. iWILICC coarse aggregate in first lift above cold construction joint. 9 Keep working; I`= of concrete "alive" and plastic. M. Avoid other vibrating. 11, Do not transport concrete in form. with vibrator. 12. Place concrete; uni forrnlly at spacing; not to exceed 10 feet. TS-6.3.2.2 S1111-IT: Hold slump as low as possible to allow proper placement of concrete. NILIXiML1111 Slump for curb, curb in(] gutter, and concrete paven►cnt to include sidewalks and trail shall be 3 inches, All other concrete shall have a 4 inch maximum slump, ' 27 1 i i TS-6.3.2.3 Qoid Wcathcr P.enuirenrents: 1. Do not place concrete our ice or frozen subgrade. 2. Do not place concrete at temperature below '20° F runless covered and heated. 3. When temperature is or is f6recast below 40"F, the following arc required: I. [-lent writer - 150° F rnnaxirnurn 2. bleat aggregate to frost free terrnperrature. 3. Temperature of concrete regulated to the following schedule: qtr'frmperaturc Concrete Temperature 30 to 40 70 to Std 20 to 30 80 to 100 4. Cover, protect, and heat to 70" F air temperatures when heated concrete is required. S. Preserve and maintain moist curing conditions when heating. 6. Admixtures for cold weather purposes are not approved. TS-6.3.2.4 Ilot Weather: 1, Concrete exposed to direct weather shall not be placed at ternperatures above 100" F. 2. Cover, protect and cool work as required to maintain concrete below 100'F. 1 TS-6.3.3 hinishin C oircrctc: 'f5-6.3.3.1 General: I. All slabs, walks and decks shall be sloped uniformly to drain to finish grade, and niust drain completely. 2. Finish shall be of specified tCxtUre and unifOrnr in color and appearance. Approval of finish is required on first concrete placed. 3. All voids in slabs and horizontal surfaces arc to be filled during finishing operation. Voids in forms surfaces are to be repaired immediately at the time r 28 forms are removed. 4. Avoid over-finishing, late finishing, re-watering, and other techniques that may cause "crazing". 5. Provide adequate manpower and equipment for finishing prior to placing , concrete. 6. initiate curing, process as soon as surflrcc strength will permit. TS-6.3.3.2 1_nrmedSurfaees, to View: 1. Remove forms as soon as curing; and strength development permits. 2. Remove the cones where applicable and fill with sand cement grout. 3. Break off all "fins"; grind as required for uniform appearance. 4. Grind all form "off-set" where concrete will be visible after construction is complete. 5. Chisel all loose material in "honeycomb" areas until only solid concrete exists, bill void with grout. Cure 5 clays. TS-6.3.3.3 Pavement: All concrete shall be finished monolithically. No "topping" or "plastering" Sidewalks, pedestrian/bicycle trail, and curb and gutter shall receive a light broom finish. Sec Section TS-8 for finish of'C"oncrete street pavement. TS-6.3.3.4 Construction.Joints: All keyed and ether construction joints shall be constructed as shown on tine plans. Kcywav required unless otherwise shown TS-6.4 Curinf-,: TS-6.41 General: 1. All concrete; is to be cured a minimum of 5 days after placing and finishing or 5 clays after repairing. 2. Protect all concrete surfaces from damage during and after curing period. 'fS-6.4.2 formed Surfaces: ' f. Forms are adequate if left in place 5 clays. 29 2. Cover top with 6 mil Polyethylene shect. 3. If' forms are removed to "stone" finish or repair concrete, cover with polyethylene sheets. Anchor in place. '1'S-6.4.3 Walks. urb and Gutter. Pedestrian/bicycle Trail and Pavement: i. Spray liquid membrane (ASTM - "Standard Specifications for Liquid Membrane- l'orrning Compounds for Curing Concrete",Designation C-309, current edition). 2. follow manufacturer's directions for sprayed liquid membrane. 3. Protect surface from damage. TS-6.5 Defective Work: TS-6.5.1 Cicncrai: —_- 1. Defective concrete work shall be removed and replaced immediately. 2. Work built outside tolerances shall be considered defective. 3. Concrete of inadequate strength or having surface conditions indicating poor durability such as crazing, severe "map cracking", cn.rmbling, or other evidence shall be considered defective. 4. Engineer shall be notified immediately when such conditions become apparent. TS-6.5.2 Ric airing: 1. Repairing of minor faults such as small "honeycomb"areas and voids maybe patched. Repairs shall be made as described in T5-6.3.3.2 above. 2. CUre hatched areas 5 days. TS-6.6 .loints: ' 1. Joints shall be constructed as shown on the plans. Unless shown on the plans, joints shall not be constructed unless approved by the Engineer. Where viater stop is specified in joint, water stop shall be securely fixed in ' place to prevent voids or"foldover"of water stop. Vibrate around water stop to insure watcrtight seal with no voids. 30 2, All con5ti'UCII(ln joints sliall be made with canted 2x,1 at least 2 '/.inches from hall face. All construction joint contact surfaces shill he finished with Wood float finish, 3. All horizontal construction joints sliall Incorponite 2x4 in keyway. Finish sm frlce of joints with wood float, 4. Contraction ,joints shall be sawed to it depth equal to one-quarter of the thickness of the concrete. Ut►less otherwise indicated oil the plans, contraction joitits shall he spaced at a maximuni distance of 12 feet each way For concrete pavement. Contraction.joints shall he at approximately 10 foot intervals. Joints in curb and gutter shall line up with sawed joints In concrete pavenleflt. TS-7 ASPHALTIC CONCi F"1'1? TS-7.1 G_encral: This work. shall consist of the Construction of ttsphaltic concrete base, and surface course as shown on the 111.11)~ and specified herein. TS-7.2 Standard_ Speci(icatlow All work of this section shall be in accordance with the referenc-Cd portions of"Missouri Standai-d Specifications fur I iighway Coristrllctlotl" 1999 h,clition published by the Missouri State 111pllway and 'Transportation Commission, except as modified here. 4P TS-7,3 Asphaltic Concrete Base: TS-7.3. 1 Suhgnadc shall he prepared as specified in Section TS-2. TS-7.3.2 M.fiteri-11: Materials shall Conform to Standard Specifications Section 301.2. , TS-7.3.3 Mixture: The mix shall Conform to the requirements of Suction 301.3 Asphalt cement content shall be in the range o1'3 to 6 percent. Marshall Propcilies ' Stability 1200 Min. I=low h to h 3 3 Section "301 3.2 shall he changed to read as follows: Prior to preparing; an of the "i S 7.. .. .1 S(,(,t ( n _ b E p 1. Y mixture on the project, the Contractor shall obtain, in the presence of the Engineer, representative samples of asphaltic cement and mineral aggregates for tests, The samples of material shall be of the size designated by t.ilc 11tlglncer and shall be submitted to an approved fabor'atory for lesting. The Contractor shall also submit for the hngineer's approval, a job-mix farnlula For each mixture to be supplied for the project. No mixture Nvill be acccpu:d f()1'use until the lob-mix formula for the project 31 is approved by the I::ngincei, The joh-mix Formula shall be within the master range specified for the particular type of asphaltic concrete, and shall include the type and sources of all materials, the gradations of thr,,agfyregatcs,the relative quantity of each ingredient, and Shall statc a definite percentage for each sieve fraction of aggregate ' and for asphaltic cement. No job-mix formula will he approved which does not permit, within the limits ofthc master range, the full tolerances specified for asphalt cement and for material passim; the No. 200 sieve. The job-nlix fclrnlula approved for each mixture shall he in effect until modified in writing by the Engineer. When satisfactory results or other conditions make it necessary, or should a source of material be changed, a new joh-mix Formula may he required. The I rlgincer play make adjuStrllentS in the joh-nlix formula in order that the mixture elects cstabli led criteria of the Marshall mix design, The maximum time a ob-infix will be used will be hvo (2) COr1St1"L1C11011 SCaSOIIS. TS-7.3.3.2 Unlit Section 301 .3.6, 101,17, 301.3.7.1, and 301.4. TS-7,3.3.3 Commercial Mixture: A commercial mix may he used i f approved by the (engineer, To request approval ofa commercial nlix, the Contractor shall submit to the FIngineer the proposed mix proportions,sources of materials, Marshall properties, and a list of projects on which it has been used. TS-7,3,4 C_ onstruellon 11couirements: TS-7,3.4.1 Weather Limit,ftions: Bituminous mixtures shill not be placed(1 ) when eithertllc air temperature or the temperature of't.he Sln•lace on which the mixture is to be placed is below 40° F. (except that base courses 3 inches or more in thickness may be placed When tilt air t.ClllpCNltllrC is 35' 1'.) (2) on any wet or frozen surface, of (3) when weather conditiollS prevent the proper handling or finishing; of the mixture. Mixture shall not he placed during inclement weather. TS-7.3,4.2 Asphalt Plant: The asphalt plant or plants Shall rnW.ct the requirements or Standard Specifications Section 301.0. Plant calibration shall be the sole responsibility of the Contractor. 7'S-73.4.3 Preparation elf the. Mixture: Preparation of the mixture Shall he in accordance with applicable portions of'Standard Specification~ Swoon 404.0.2.1 through 404,63, Trrinsportation of the mixture shall conform to Standari] :specifications Section 301.6. An adequate number of trucks to provide constant Supply ()f nlix to the laying machine shall be used. The: location c.lf the plant shall be close enough to the project that cxccssivc cooling; doCS not occur. The provisions of Standard Specifications 301 ,9 and 404.0.3 shall h:.- 1nct. TS-73.4.4 Spreading the Mixture: Asphaltic tilixtures shall he spread in accordance with 32 Standard Specifications Section 301.9 and 301.9.1 . Allowance shall be made for the slope of the outside edge so that the finished top dimensions match those shown on the plans. The curb and gutter shall be used as a grade reference for the automatic screed control. TS-7.3.4.5 Corn action: Rolling shall be in as soon as practicable after the spreading. The Contractor shall submit to the I:rngincer the rolling system he proposes to use or the compaction of the mixture. Rollers shall be in good condition, capable of operation without backlash. Steel wheel rollers shall be equipped with scrapers. All rollers shall have a functioning water system for moistening; each roller or wheel. Base course shall be compacted to 95% of laboratory density. Surface course shall be compacted to 98% of laboratory density. 15-7.4 &p haltic Concrete: Tiris work shstll consist of asphaltic concrete surface course. TS-7.4.1 Materials: Material shall conform to the applicable sections of Standard Specifications for Highway Construction, Sections 401, 403, and TS-7.3.3.1 for Grade "C", Grade "D" and 'type "C" except as modified hereto. TS-7.4.2.1 Gradation. Max Desired Max Desired Gradation Limit Gradation Limit Gradation 4P Passim; Grades C Grade C Grade 17 Grade 1) '/4" sieve 100 100 T100 100 V2" 80-100 88 95-100 100 No. 4 40-65 52 60-90 70 A No. 10 30-55 40 35-05 45 No. 40 8-25 18 10-30 20 No, 201 4-12 8 -1-12 8 TS-7.4.2.1 (_inadation NOTI : The gradations of the aggregates will be determined frorn samples taken from the hot bins. , I'yhe C" Pass 3/4-inch sieve 100 ... Pass 3/4-inch sieve, retained on !!. -inch sieve 0 3 Pass 1,2-inch sieve, retained 3/8-inch sieve 0 25 Pass 3/8-inch sieve, retained on No. 4 sieve 20 45 , Pass No. 4 sieve, retained on No. 10 sieve 7 20 • 33 Pass No. 10 sieve, retained on No. 40 sieve: 7 20 Pass No. 40 sieve, retained on No. 80 sieve 5 20 Pass No. SO sieve, retained on No. 200 sieve 3 is Pass No. 200 sieve 10 Asphalt C"Crllent 3.5 7 'CS-7.4.2.2 AgL!,tcgntc (c�r :1ti��htlltic�. QI1C[l'lC: Shall conform to the applicahle sections of the Standnrd Specifications fill• Illt;hway Construction with the additional reduire►nent that supplier shills crush and stockpile 50',;,of'the needed approved ;Ig!'reltates prior to placement of any asphaltic base or pavement. rs-7.4.3 CgnStructicm Construction rcdt.lircnlcnts shall hr specified in TS-7.3.4 m amended hereln, f5-7.4.3.1 ��%�atltcr l.imit��t.ions: "Icatlicl limitations shall be 'U, speCified in TI -7.3.4, 1 c;xccpt that no asphaltic corlct•ete shall he placed when the- tculperatnrC of the air or the surface on which the asphalt will be placed Is less th;ul 40° F. TS-7.4.3.2 Sprc adilig: Spreading, of'thc 1ni.xtu e shall be i1-, accordance %vith ScctionsTS-7.3A.-1 except that alttcnrlatic screed colltrol s11a11 not be usCd or1 the surface source unless directed by the l-.ngilleer. I'S-7.4.3.3 C0mrncrci;ll_MixturC.': A cornrnercial mixture Islay he nillroved for this work in accordance with TS-7.3.1,2. TS-7.5 Tack Coat: ;% "!'acs: Coat will be required ovcc• all existini" pavement to he overlaid and between each lift of the new asphaltic concrete p;lvcnlcrtt unless the precedint; lift has been protected I'rorrl all dirt and traffll• sine• its pkiccnlctlt 'tack Coat will he placed after clean1111, anal prcl)!IlM Y, of the sul-facc is conlplctc. Application rate will generally be 0. 111 to 0.1 5 �dlon 1-1er sgl;are yard .cs dirccled by the I:n1I'ilicer. 'tack coat nlatellal shall he RC-70, S; . I or S`>-I I 1 unless otherwisC approved by the kw.,inecr, There will be 116 dire(I 1 .mylncnt fur tacic coat 'I'lw) work will he considered stlbSidiary to the :15ph;tllic concrete pavCnlent or brie, TS-7.6 fvlc;lsurerrlcnt and I'avrnent: Measurement will lie nlmle fur the varlmv, type of pavement ,cs per 11w ltcIIII/e l hid [61-111. Where existing pavement is heir overlaid 7;lvincllt will he [o; ha,c Levchn!; C:uur;c Ilex' ton and fray Surface Course per Square yard a; on pinus. ' Where all new pavelllcrtt i>, to he c6nstructcd, pa.,'111CI1t Will he IuadC per squarC yard of full-depth hale and surface course per typic;ll scctI0t1 Payment will include all costs of cleaning existing pavement or previously laid lifts ruin all costs of tack coat. '1'S-8 PC19'1'L AN_D MI-.NT C ONCltl�,TF 1'_Ayi.?M_l FN T: ' 1 TS-8.l 3 c�rtl�irld ( .cn��;►it C.�rn.c r_r._tc; The work shall conform to the referenced portions of "Missouri Standard Specifications" as nlodif icd herein. TS-8.1.1 Materials: Materials shall conform to Section 501.2 of the standard Specification., its modified herein. Tint.inl, rnalerial as specified in Section 1056 will not be used. 501.2.2 Mix Design. Delete Section 501.2.2.1 and Section 501.2.2.2. r 501 .2.23 Use Class A sand only. Mix shall contain not less than 6.5 sacks of cement per cubic yard, 501.2A Consistency. Delete slump table and paragraph 501.2.1.1. i lold slump as low as possible to allow proper placement of concrete. Maximum slump For pavement, sidewalks, pedestrian/bicycle trail, curb, or curb and gutter shall be 3". All concrete shall be air entrained in accordance with Section 501.7 including paragraphs 50 1 .7.1 through 501.7.:x. Air c•ontcnt shall be between 1`%, and 7`%. All concrete for curb and gutter, sidewalks peclestrian!bicycle trail, and concrete pavement shall contain not less than 0.5 sacks cement per cubic yard. Ac:timl mix design shall h prepared and submitted by the Contractor to the Engineer for his approval. Submittal shall include source and properties of all aggregate, source of cement, propor•tiorrs used, slump, air content and results of breaks of 5 test cylinders. Cylinders shall be broken as follows: 2at7da s .. y 3 at 28 days Prior to starting project, contractor shall obtain to the presence of the Engineer, representative samples of'cenlent, fine and course aggregates for test. The samples of material shall be of the size designated by the I`ngincer and shall be submitted to an approved laboratory for testing. The Contractor shall sub►nit for the Engineer's 35 approval each Job-Mix formula. Tile maximum time r.Job-Mix will be used will be 2 construction seasons, Minimtlrri compressive strength, based on ASTM designation C-39, C-31, and C- 192, 2800 psi at 7 days and 4000 psi at 28 clays laboratory cured, 139" less for job cured cylinders. Concrete may be either central n-rixed and delivered in approved trucks or may be li'tick mixed. Total elapsed time from title of combination of water and cement until all of that batch is placed shall not exceed one }dour, The use of calcium chloride will not be permitted. Other admixtures may be used only if approved by the IEngincer. TS-8,2 Portland_'emcnt Concrete Pavement: This work shall conform to "Standard Specifications" Section 304 and 502 and substitute the 161lowing: ® TS-8.2.1 Materials: Delete the last sentence of Section 502.2 and substitute the following: ■ Contractor will confbi-iii to the requirements of the preceding section of these Sl)CCIfICat10i15. Delete Sections 301.3.1 and 304.4,3, Delete Sections 502.3.1 and 502.3.2. Delete Sections 502.3.5, 50?.3.6, and 502.3.7. Delete Section 502.3,9. Auxiliar Y 1 p Ec iii rnent shall be available at all times as follows: 1) Two or more 10-font straight edges of an approved type. Mades shall be replacecl when edges become wavy or warped, 2) Immediately following the machine floating and while the concrete is still plastic, the contractor shall test the pavement surface for trueness by means of a 10-foot straightedge in contact with the concrete surface parallel to the pavement centerline,and drawing the straightedge lightly across; the surface. Advance alon g the pavement shall be in successive stages of the more than one-half,the length of the straightedge. All variations shall be eliminated by filling depressions with freshly mixed concrete or striking off'projections, and the areas so corrected shall be consolidated and refinished by means of long-handled float. 3) Sufficient burlap, waterproof l.iaper, oi- 1lastic film For the protection of the 36 paveynent in case of rain or breakdown of curing equipment, 4) Joini Scal shall conform to Section 1057 of- the 1999 Missouri Standard Specifications for 1-iigliway Construction. I land placement and finishing as specified in Section 502.10.9 will he permitted. TS-8.2.2 Construction kegd lircrncnts: e iver tickets shall be provided the inspector in accordance with Section TS--6.2.1 l� 1 y ( p of this specification. Section_5O:? 0 --_C onrlitionin-g-_elf-S-ul) ;radc. References to other sections shall be references to those Sections as antencled by these Specifications, Delete Scct►on 502.7 and paragraph 50._.7. 1. Delete Section 502.9 and paragraphs 502.9.1 and 50 2.9.2. Hand Finishing will be permitted on the project. 50216 Slin Form Construction. This type of construction will be allowed on this project. The provisions of Section 502,16 and the succeeding paragraphs as amended herein shall apply. References to other sections of the Missouri Highway Specifications shall refer to those sections as modified by these specifications. 502.16.1 Subgrade and Base. Delete all references to aggregate base for sidewalk construction. Sidewalks shall be placed on earth subgrade zinc] the paver and check template shall also operate on the subgrade. Pedesl►ian/hricycle trails shall be constructed with in aggregate bike. Delete Section 502.17 and p�tragraphrs 502.1 I.1 through 502. 17.5. Cores will not be drilled on this project unless rec uired by the h;n �ineer. This will pro 1 b only be clone if doubt as to the actual thickness exists. Normally edge thickness will be used as a rough check on constructed thickness. Pavement thickness will he considered to be design thickness, TS-8.2,3 Mctisurenicnt and Payrl]cnt shall be in accordance with Sections 50118 and 502,19 of the Standard Specifications as amended by the following: if cores are taken and the thickness found to he deficient the provisions of'502.19.1 through 502.19.3 shall apply with the exception of Type "A" curb and butter (sec typical section for end details and thickness) xhich shall be measured on the basis of linear feet constructed. Payment shall not be continuous through residential drive approaches and shall ' include the hooking up of existing house drains that now extend to the street.. • 37 ' base COUl"t., C.011iplete in pkICO will N. Illad". to Ille nearest liticar Foot. TS-9 J.,A W N R FT A I R A N 1.) S I-'F,1)1 N G: General: All .Ir(.�as distIll-I)CCI by the COI)Stf-LiCti011 SIUM be SMIC(I OrSOddCd CXCOpt for paved areas. See Plans for areas to lie sodded. TS-9.2 Sod shall he platiled in accordance with the following requirements. Sod shall he of the best quality and when placed, shall he live fresh growing grass With SLIFfiCient soil adhering to the I-00tS. SO(I Shall he PI-OCLINd Iroill areas where the soil 1F. fertile and contains a high puccritagu-of loamy topsoil and from areas that are lircdolilillatcly bluegrass and that have bc-cil grazed or nlowed sufficiently to form a dense turf. Souru of soil shall he approved by the IAil,inuer before cutting and harvesting. The sod shall be transplanted within 24 hours from the time it is harvested unless it is stacked at its destination in a maililer satisfactory to the I"Aiginecr. All sod in stacks shall be kept Illoist and prolccicd from exposlirc to the sm) 116 from freezing, ill 110 it Cvent shall more than one wcCk ClaPSC I)CIWCCII the Mile 01'CLIttill.(.1, and planting of the sod. Berol-C placing or depositill!," Sod on areas to be sodded, all Shaping and dressing of the areas shall have been Completed to the satisfaction of,the I'Algineer. Top soil as specified in shaping all dressing, commercial fertilizer, grade 12-24-24, shall be applied uniformly at a. rate of nett less than 350 I)OLIMIS,I-)Cl-;iCT-C and harrowed lightly. Sodding shall follow immediately. After planting, the sod ,;hall be watered and mowed as required until completion and acceptance of the entire work. No sodding Shall be (]One the I-Wriod from Tulle I to SCI)ICIIII)cr 1, unless the planting season is extended by the ("llpilleCr. TS-9.3 AfjCr sjlijpillo,placing 4" of topsoil, and d!-css*iw ol'areas to be seeded have been approved by the l"'Algincer, a C()►lllllci,cltll Fertilizer, grade 12-24-24, shall be applied at a rate of not less than 350 pounds per acre. The urca shall be prepared to receive the seed ll)iXtLlrC hV using; it disc Spiker or other suitable Implement. Seed shall then he spread at the specified rats by drill, by hand seeder, by brillion seeder, or by Other approved seeders. Sec-ding shall not he (]one (.1111-111g, windy weather, or when the gi-01.11-id is frozen, illuddy, nr otherwise in a lioll-tilk-Ible condition. Ali established grass cover shall be provided oil all meal requiring seeding. Irrigation, mulchilig, mowing(, and ally other operation necessary to provide an acceptable gras'; Cover shall he provided by the contractor at no addi'lional cost to the ' 1� Seed shall be applied at the rate oF300 pounds per acre. The seed snail be composed of a mixture of 600/0 "Derby" Rye grass, 20 0/o creeping fescue, and 20% Bluegrass. Bluegrass may be either Ram 1, Touchdown, or Glade.. Seeded areas shall be mulched with straw at a rate of 1 .5 tons per acre. The contractor nlay at his option and at no Additional cost to file Owner,provide sod as specified herein in lieu of seeding in any or all areas required to be seeded. Protection and Repair: The seeded area shall he free of traffic. If at any time before acceptance becomes gullied or otherwise damaged,or the sending has been damaged or destroyed, the affected portion shall he repaired to reestablish the specified condition prior to the acceptance of the work. TS-9.4 Submittals: TS-9.4.1 The contractor shall furnish certifications in triplicate from the supplier or manufacturer of seeds, sods, fertilizers and all other materials furnished in accordance with th(; requirements of this Section. The certifications shall state that each material supplied is in accordance with these Specifications and with specifically named state laws and regulations. The certifications shall have attached inspection or test reports of•governing state agencies applicable to the lot or lots of material supplied. TS-9.5 Method of Measurement: TS-9.5.1 Definition of;Gradi»t_;Limit: The tern "grading limit" as used in this Article, shall incan any of the following: (1) The location of a line determined by the interspechon of the cut or fill slopes shown on the Plans with the existing surface, plus allowance for rounding at such intersection as shown on the Plans. During the course of the work the ingincer may direct that the grading limit be elsewhere than as determined by the foregoing, and, in such case, the grading limit will beat the location as directed by the Engineer. (2) For structures placed in excavations and for pipes in trcnclics, five (5) feet outside a vertical plane through the outermost surfaces of the neat lines of such structures or of the pipes. TS-9.5.2 ;Ceding: MC,1Sl1rC1llCI1t will not be made of the area seeded. ' TS-9.5.3 Sodding: Measurement will be made of the areas sodded (slope measurement)to the nearest square yard. MeaSlll'CI11Cllt will not be made beyond n Mile 2 feet outside the 39 r r g;radittg; limit, 'I'S-9.6 Basis of Paylment: 1'S-9.6. 1 Seedinu Sodding: The amount of' completed and accepted work, measured as provided shall be paid for at the contract unit price laid, and at the contract unit price bid per square yard for sodding. 'I'S-f i C kUS1IFD S'1 ONE-. I)ltl\7 F,WAYS: I'S••1 1.1 Crushed stone driveways shall be constructed in accordance with the details on the flans and with the requirements of Missouri I Iighway Specifications Section 304 for aggregate l.�asC course except that the provisions for nleasurern�snt rind payment therein shall not apply and except as inodlf led Ill this section. 'I'S-1 1.2 A.gg,regatc Type: Type i TS- 113 The required thickness may be compared in one layer. Required density of I Compaction sh"Ill be not less than ninety (90) percent. i'1;-11.4 Where practicable. utilize temporary surfacing} illaterial as subbase to improve stability oaf crushed stone drives and to r•cclucc amount cif added material required. TS-1 1.5 Crushed Stone drives shall bC carefully g?,racled to drain, "I'S-11.6 Measurement of crushed stone drives shall be to the• nearest I square yard. TS-1 1.7 Payment shall be at the unit price bid inch.iding all labor, equipment and materials to construct the driveway complete including; subg,rade preparation. ' TS-12 RIP RAP: TS-12.1 General: Rip rap shall be furnished where provided on the Plans or where otherwise directed. Rip rap shall be durable IrmestonC rnectirlf; the requircri-lents of'Missouri Highway Specifications Sections fig 1 .31, 611.32 and 611 ,33 for 'Type 2 Rock Mal 'et. The minimum layer thickness shall he mic and one-half(l 'ii) feet. The surfac, of rip rap shall be flush with the surrounding finished earth grade and grouted. TS-12.2 Inspection: The Contractor shall notify th,, l tivincer of the source of rip rap prior to its delivery in time to permit its inspection. TS-12,3 Measurement and-Pa yment: Rip Rap will be iucasured complete and in place to the nearest square yard of surface area (slope measurement). Payment at the unit price ® hid will he full compensation for all costs of excavation and furnishing and placing ' 4 1 rip rap as shown on the plans and specified herein. I I p p TS-13 ROCK EXCAVATION: TS-13.1 General: Should rock be encountered in two or more ledges, each ledge being more than six (6) inches thick and with interlying strata of earth clay, shale, or gravel not more than twelve (12) inches thick in Cacll stratum, the entire ,,olurric between the top )edge and hottom of the bottom ledge will he classified as rock. (Sec,Article TS- 2 for detail specifications.) r '1'5-13.2 l)ve_of I. osives: When explosives are used in the prosecution of work, the Contractor shall use the utmost care to prevent injury to persons and property. All explosives shall be stored and used in a safe manner arld In compliance with all existing statutes and ordinances and all placCS used for such storage shall be marked clearly "DANGEROUS EXi'LOSIVES". The Contractor shall warn all persons in the vicinity of the danger area Mhcn explosives are beinf;used. The Contractor shall save the City and its agents, officers, and employees harmless from any claim growing out of the use of such explosives. Removal of any item or material of any nature by blesting shall be Clone in such manner and at such time'.as to avold damage affecting the integrity of the design and to avoid damage to any new or existing structure included in or adjacent to the work. Unless the plans, special provisions,or the Engineer restricts such operation, it shall be the C'ontractor's responsibility to detennine a method of operation to insure the desired results and the integrity of the completed work• Blasting will not be permitted until It Contractor has obtained poor insurance and has obtained a permit from the City Dire Department, 'I'S-13.3 Mc.asur ;mcnt and-Payment Rock excavation shall be bid on unit price per cubic ,yard and final payment shall be based on field measurement. W.)Ck is defined as being sandstone, limestone, chert, granite, sillstonc, quartzite, slate, shale, occurring in its natural Undisturbed state, hard and unweathered or similar material in masses more than 1 V cubic yard in volume, in ledges six (6) inches or more in thickness. TS-11 SANITAR_l'5I Ml RA_DJUSTME_I`TS: TS-11.1 Adjusting-and_RrhuilclinNlrinhc�lcs: TS-11.1 .1 General: (l) Each existing storm or sanitary sewer manhole encountered within the grading limits, whether or not shown can the flails, and which is to be left in service shall be raised or lowered to the new grade and slope. ? All construction work in connection therewith shall be in accordance with the 41 app}ieab le details on the manhole sheet of the drawin gs. Manhole ste is shall be properly reset and spaced. All new construction with brick shall be given a three-fourths ('r�) inch mortar coat oil the outside. All new construction with brick or precast concrete shall be given one heavy coat of coal tar paint. (3) ]n areas to be paved or surraced the work shalt he accomplished and protected irl such it manner as to not create it traffic hazard and to provide for proper construction and coillpaction ()('the soh-grade and pavement adjacent to the inanhole. (4) Precautions shall be taken to drop no debris into the bottoills of illan}toles. Any debris so dropped shall be immediately reniovcd to prevent being washed clown the sewer line. (S) The Contractor shall verify for himself, the types of construction of the existing manholes. 'I'S-14.1.2 Lowering Manholes: (I) Wherever possible, the manhole shall he lowered without. resetting or rebuilding the colic (this will be classified as "Ad.iust Manhole to Grade"), utilizing oric or both of the Followinki methods: 1. Remove existing straight neck brick or precast concrete ring sections and lower existing cast iron ring and cover. 1 Remove existin cast iron rill ;and furnish and set shallow type cast g f p iron ring, 'Type 3, as shown on the flans, (machined), or equivalent, designed to receive existing cover. (2) When the required lowering is greater than can be accomplished as specified in the above subparagraph, the work will he classified as "Rebuild Manhole to Grade", which shall be accomplished by one of the Following, methods: I. Precast concrete shall be remove(] and reset, removing one or more precast concrete rings below the cone, furnishing any necessary shallow depth straight concrete rings below the cone or concrete or cast iron ad' sting rings above the cone. The existing cast iron ring and cover shall be reset, or, if necessary, a shallow type ring sllall be furnished as specific(] in Item 2 of'sub-paragraph S-14.1.2 (a) of the City's Standard Specifications. 2. Brick cones shall he torn down and rebuilt with brick, using eccentric or concentric cone as required to meet clearance conditions. An eccentric cone is prclerrcd. Taper on walls shall not be more than ' a� twelve 12. horizontal to fort 40 vertical. The existing cast iron ( ) Y ( ) g ring and cover shal l be reset,or, if necessary,a shallow type ring shall be furnished as specified in ltem 2 of subparagraph S-14.1.2(a)of the City's standard specifications. TS-14.1.3 Raising Manholes: (1) Wherever possible, the manhole shall be raised without resetting or rebuilding the cone. This will be classified as "adjust Manhole to Grade". 'Phis shall be accomplished by adding adjusting rings of cast iron, precast concrete or brick; or an appropriate combination thereof, and resetting the existing cast iron ring and cover. The maximum allowable height of straightneck section, measured to top of'cast iron ring, shall be twenty-one (21) inches unless otherwise directed by the Engineer. (2) When the required raising is greater than can be accomplished as specified in the above subparagraph, the work will be classified as "Rebuild Manhole to Grade", which shall be accomplished by on of the following methods: 1. Precast concrete cone shall be removed and reset, adding one or more precast concrete .rings below the cone, funlishing any necessary concrete or cast iron adjusting rings above the cone. 'File existing cast iron ring and cover shall be reset. 2. Brick cones shall be torn down and rebuilt with brick,using eccentric or concentric cone as required to meet clearance conditions. An eccentric cone is preferred. 'taper on walls shall not be more than twelve (12) horizontal to forty (40) vertical. The existing cast iron ring and cover shall be reset. TS-14.1.4 The Contractor shall furnish all materials required for adjusting and rebuilding manholes. Suitable materials salvaged from existing manholes may be reused as needed. If directed to replace any cast iron item found to be unsuitable through no fault of the Contractor, payment for the materials only will be made in accordance with the provisions of Regulations of the Contract Article FC-21 . TS-20 FENCING TS-20.1. ` Removal and Re-settin fence: Wherever existing lie within the construction ' fj_._ f limits or wherever shown on the plans, the Contractor shall remove and store the Fencing during the construction of that portion of the project that is in conflict with ' the fence. The Contractor shall take care not to damage the fencing materials during this operation and shall be fully responsible for any damage to the fencing materials 43 ' r caused by his operations. l Any damaged materials shall be replaced by the Contractor and at his sole expense with new material equal to that from which the fence was constructecl. ! The fence shall be reconstructed in accordance with best accepted fencing practices. All posts shall be cleaned of existing concrete and re-set in concrete. Prior to removing* any fence the Contractor shall contact the properly owners so that they may take necessary steps to confine any animals or children normally kept within the fence. It may be necessary for the Contractor to erect terrtporary fencing during the period between the actual construction and the re-setting;of the permanent fence. Wherever this is necessary so that the property owner can retain normal use of his yard, the Contractor shall provide and erect such temporary fencing at no cost to the (honer. Removal and re-setting; of fence will be paid for at the unit price: bid per linear foot.. 'fS-20.2 Temnorr� Fencin Wherever permanent fencing; that is used to contain small children or animals must be removed to accommodate construction, the Contractor shall erect temporary fencing suitable to perform the function ofthe permanent fence until the permanent fence can be restored. The construction of the temporary fencing shall be coordinated with the property owner to cause as little inconvenience as possible. In no case shall such area be left unfenced over a weekend or for more than one weekday. At the Contractor's option, materials from the existing fence may be used for the temporary fencing. However, the Contractor will he fully responsible for restoring the permanent fence in condition at Icast equal to that prior to construction. Tem orar fcncint', will be substdiar to the other items of construction. P Y ti Y TS-21 Cf'RTIFK.'ATI'S 01" COMPLIANCE: ' TS-21.1 General, 1 . The Contractor shill submit, in triplicate, certificates of compliance from ' manufacturers, producers fabricators and suppliers of items to be incorporated in the work attesting that all items and materials supplied in connection with the work conform to the requirements of the Specifications, ! as provided in the various sections of these Specifications. 2. Whenever the items so certified deviate from the requirements of the Specifications, Plans and other Contract DOC1.11-11et7l5,then the Contractor shall 44 point out such deviation in the letter of transmittal, Unless this procedure is followed and such deviations are specifically approved by the Engineer in writing, then the Engineer's approval of such certifications will not constitute approval of the deviations, 3. Said certificates may be accepted by the Owner and Engineer as adequate t evidence of compliance with the Contract Documents, 1-lowever, at its option, the Owner may test any or all of said items for compliance. If found to be in compliance with the Contract. Documents, the cost of testing will he borne by the Owner. if found to be not in compliance, the Contractor shall pay for such testing. TS-21.2 Re uiremcnts For Certifications Sho raw' Tes ' ._�1_ — �U..._.._._!nls,ancf l c., trr,�1,. 1, Specific requirements for certifications, shop drawings and testing arc given in the following subparagraphs, 2. Manufacturec.I items,as follows,will require certificates of compliance,with shop drawings, catalog; data or installation instructions where so indicated, 1. Reinforced concrete pipe, fittings rind specials. (Shop drawings required for all fittings and specials, including branch connections, and riser manholes.) 2. Joint materials for reinforced concrete pipe. 3. Corrugated metal pipe and underdrain pipe, fittings and specials (Shop drawings required for same iten-is as in itern 1 above). 4. Ductile iron, cast iron, vitrified clay and copper pipe and fittings. 5. Brick and mortar. 6. Precast concrete n-ranholes and inlets. 7. Reinforcing steel and welded wire fabric. 8. Metal wort; (Shop drawings required for fabricated items). 9. Iron castings. 10. Seed. ' 11. Sod (considered as manufactured material for compliance purposes). ' Engineer shall be given the opportunity to inspect and field prior to delivery to project. 45 ' r r 12. Fertilizer, 13. Retaining Walls 14. Iiibercloth, 3. Rock and sand products will require certificates of compliance, as follows: r 4. Backfill: It is recognized that, due to mixing of types of materials found in City construction, it may sometimes be difficult to correlate actual performance with test results. The Engineer may make notations of waiver on certain field moisture-density test reports when, in his judgment, the Specification requirements have been met on the basis of visual inspection and the test reports do not truly indicate the field condition. However, the Contractor will be fully responsible for settlement ofbackfill as provided in Special Conditions Article SC-3. 5. Concrete: r1. The actual mix proportions shall be determined by the Contractor, based on satisfactory experience with the proposed materials and MCIB mix. Mix proportions, typical test reports and complete data on materials and plant, supporting their acceptability under the Specifications, shall be submitted to the Engineer in triplicate for concurrence before beginning concrete work. 2. Acceptance of Concrete for strength shall be as stipulated in Article 5.02 of MCIB Section 5. 3, Air content shall be measured in accordance with the requirements of ASTM C 173. 4, Visual inspections and tests for performance of concrete may be made rby the Engineer to satisfy himself that consistency, air content, minimum compressive strength, materials, gradation and cement content are in compliance with Specifications. Such inspections and ' tests will be in accordance with MCIB Bulletin No, 6, "Concrete Inspection" and the applicable parts of MCIB Section _S, "Concrete Mix I:)esign Tables", G. Asphaltic Concrete Mix: The provisions of Item i of Subparagraph S-21,4(e) shall apply to asphaltic concrete mix, except delete the reference to"MCIB". S TS-21.3 Payment: No payment can be made to tl�c Contractor unless the City is in receipt of Certificates of Compliance for all materials installed to date. 1 46 1 TS-22 SCI-I13DUILE'O WORK, TS-22.1 General: Scheduling shall provide for tiie ]cast practical inconvenience to the traveling public and to residents along the project. TS-22.2 Submission in(] Concurrence: Before work is started the Contractor shall prepare a detailed schedule of all construction operations that shall not only indicate the sequence of the, work but also the time of starling and completion of each pail. The schedule shall be submitted to the Engincer for his concurrence. TS-22.3 Winter Shut Down: If the project is shut down over a winter, the area shall be left in a safe, passable, and accessible condition for the Nvinter. The Contractor shall maintain traffic and access over the winter shutdown as provided in paragraph S- 23.2. 'file Contractor shall maintain the project over the winter shutdown period in such manner that there will be no undue hardship or inconveniences to the neighborhood residents or traveling public. Manholes and valve boxes projecting above the base shall be ramped with temporary bituminous cold-mix or asphaltic concrete in order-to facilitate the City's snow plowing. Access shall be provided to all houses, TS-23 MAINTENANCE OF TRAFFIC AND ACCESS: TS-23.1 General: The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways arul walks, whether public or private, the Contractor shall, at his own expense,provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to owners of private drives before interfering with them; provided, However, that such maintenance of traffic will not be required at any point where the Contractor has obtained permission from the owner and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at any designated point thereon and for the duration. of whatever period of time as may be agreed upon. The Contractor will be required to make provisions for or maintain local traffic. He will be expected to make reasonable effort to provide access to all drives whenever possible, and particularly when worl: is not in progress. I-le shall provide for emergency vehicle access to any point at all trirics. The Contractor shall present a work schedule and a plan for handling traffic for ' review before commencing any work. TS-23.2 When Work Not ]ri 1'rog res : "file work shall be cleaned up at the end of each working clay,and temporary surfacing shall be placed such that access will be had to all driveways during the night,weekends, holidays,and other days when work is not 47 in progressand when the stage of the work does not directly interfere with the drive. The Engineer, at his discretion, may grant short-term exceptions to this requirement in connection with preparing sub-grade and paving. TS-23.3 Contacts Person: The Contractor shall designate a person (with phone number) who can be called by the City during the night, weekends, holidays, and other days when work is not in progress. The Contractor will be responsible,through this person,for making such temporary repairs during said periods as may be needed to meet the requirements of paragraph S-23.2 of the City's Standard Speci fications. Ts-23.4 The provisions of MUTCD, Part VI, apply to this Contract. TS-24 TEMPORARY SURFACING Where required to provide access and when directed by the Engineer, the Contractor shall provide temporary surfacing either of Crushed Stone for Temporary Surfacing or of Asphaltic Concrete for Temporary Surfacing as directed by the Engineer. Such temporary pavements s1;.:11 be maintained by the Contractor in a safe, reasonably smooth condition as long as they are in use. Crushed stone for temporary surfacing shall meet the requirements of paragraph 1007.2 of Missouri Highway Specifications for "type 2 Aggregate, Gradation A unless the Engineer agrees to a different gradation because of site conditions. Asphaltic concrete for temporary surfacing shall be Type 1 base as specified in Article 23. Payment for temporary surfacing shall be at the unit price bid per ton of material. Measurement will be on the basis of delivery tickets. TS-25 DUST CONTROL Adequate precaution shall be taken to insure that excessive dust does not become airborne during construction. The Contractor shall comply with any regulations of the Missouri Air Conservation Commission or federal government which apply to this matter in the geographical area of the work. 'file determination as to whether excessive dust is becoming airborne shall be by the } ngincer. When directed by the Engineer, the Contractor shall take appropriate dust control measures satisfactory to the Engineer. No separate payment will be made for performing dust control or for applying water for this purpose. TS-26 PROPERTY CORNERS AND MONIIM_F:N_TATION; It shall h the responsibility of the Contractor to protect all property lot corners and land Y P Y p p p Y survey corners and accessories, Should it be necessary to disturb any such monument, whether stake, pin, bar, disk, box, or other, it ienlain s the responsibility of the Contractor to reference such markers prior to removal, reset them, and file such relocations or monumentation documents as the law requires. Any such references, removal,replacement and certification of monuments shall be performed by a licensed engineer or land surveyor, �t R TS-27 SITE CLEANUP: TS-27.1 Tire contractor shall not allow the site of the wort; to become littered with trash and w,nste material, but shall maintain the site in a neat and orderly condition during the progress of the work. The Contractor steal 1,as directed by the Engineer,rctllove from all public and private property, at his own expense, all temporary structures, rubbish ■ and waste materials resulting front his operation. TS-27.2 The contractor shall open and clean all existing ditches and culverts within the right- of'-way f: g of-way and easements, leaving therll free fl'olll all excess Mud or silt, drift, brush, or debris of any kind prior to final acceptance. The Contractor shall clean up all dirt from paved surfaces, not allowing same to pack on the roadway or create a traffic nuisance. No direct payment will be made for work within the scope of this article. 'I'S-28 TRAFFIC SIGNS STOP SIGNS AND STREET SIGNS: All existing traffic signs, stop signs and street signs in the way of the work shall be carefully removed by the Contractor in accordance: with the requirentents of MUTCD. The required function of stop signs shall be preserved by the contractor whenever a street is open to traffic. All signs shall be re-installed following the construction. No separate payment will be made for this work. TS-29 DOWNSPOUT DRAINS: TS-29.1 General: This work shall include connecting existing downspout drains through and into the proposed curb, curb and gutter,or storm sewer facility. Tile location of some downspout drains may be shown on the plans,but other drains play exist that are not shown. The contractors shall be responsible to connect all downspout drains regardless of'\vhetller they are shown on the plans. TS-29.2 Construction Methods: The contractor shall exercise care in removing existing facilities so as to mirlirllize damage to existin drains. Generally,new material ofthc g same diameter as the existing drain shall be used. As approved by the owner, the removed pipe may be cleaned and re-used. TS-29.3 No Direct Payment: All work associated with connecting downspout drains through or into the proposed curb,curb and gutter, or storm sewer facility shall be subsidiary to the item to which it is connected. No direct payment will be made. TS-30 SUBSIDIARY ITEMS: ' There are small items of work specified herein or that are incidental to the other construction for which no bid items are given. These items and ally item for which no bid item is given shall be considered subsidiary and their cost shall be included in • the bid price of other related items of work. ' 49 l'ucr'e are small itenis of work specified herein or that are incidental to the other construction for which no bid itcnls are given. These items and any item for which no bid itcrn is given shall he consid red subsidiary and their cost shall be.included in the bid price of other related itcnls of work, TS-31 CONCRETE GRAVITY BLOCK Rl"TAINING WALL; TS-31.1 Description. This work ~hall consist of the constructiOn of interconnected t•cetangular concrete blocks as speci f ied in the contract or as directed by the engineer. 'I'5-31.2 Materials. The concrete blocks shall be ;)re-cast unies, with a minimum 4,000 psi concrete strength at 8 clays, '['Ile pre-cast unit shall IMVC a rllllllnlulll dimension as shown on the plans. The pre-cast unit shall have lntcrlockim, wings and a separate front and rear trough, TS-31.3 Construction Requircments. TS-31.4 The existing soil shall be excavated to the depth shown on the plans. Soft and yielding material shall be removed and backfilled with suitable material and thoroughly compacted. No measurement or payment will be made for unsuitable material thus removed oi• for the required backfill material. TS-31.5 The first course of pre••cast units shall be cast level and true to grade in a Class B concrete footing designed by the nlanufacturcr with a 2 inch high retaining lip in front of the first course:. All pre:-cast units must be installed level side to side and front to back. Check the level on every second course during backfill. I'S-•31.6 The concrete gravity block retaining wall shall be backfilled with I inch clean crushed rock. The crushed rock shall be placed one foot behind the retaining wall and 1►1 eaeh trotlgh of the pre-cast unit. The backfill shall be compacted in place utilizing a vibratory compactor. The pre-cast units shall not exceed two courses High for backfill placement alld compaction. TS-31.7 Method of payment. The contract quantity of'gravity block retaining wall shown on the plans shall be the basis of* payment. The contract quantity shall include the backfill material and concrete toe wall. Final measurement will not be made except for autlio►•iied challgcs during construction,or where appreciable errors arc found in the contract quantity. The revision or corrections will be computed and added to or deducted from the contract quantity. TS-32 CONTRACTOR_R QUIR1?Nll_,NTS; 1 Section 102.2 of the MISSOUI•i Standard Specifications for I-fighway Construction will ® bo, waived for this project. ' 50 TS-33 HANDRAIL: Workmanship Contractor will be responsible for railing to have a uniform aesthetic appearance. Galvanizing shall be uniform along rail, free of globs or scratches. Welds shall be ground smooth, railing shall be plumb and anchored according to plans. i 4P 51 ' . REIQUIR.. ED MODOT CONTRACT DOCUMENTS • No Second-Tier Subcontracting • Buy America Policy • Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity • Standard Federal Equal Employment Opportunity Construction Contract Specifications • Supplemental Reporting Requirements • Temporary Project Water Pollution Control • Inspection by Department and Federal Highway Administration • Certification Regarding Lobbying Activities O Nondiscrimination in Employment • Operating Policy Statement • Differing Site Conditions, Suspensions of Work and Significant Changes in the Character of Work ' Required Contract Provisions for Federal-Aid Construction Contracts r SECT X01 X r NO SECOND-TIER SUBCONTRACTING No second-tier subcontracting will be permitted and wording to this effect should be included in the specifications or bid proposal, 4Pr • r. r r I r r 1 r 1 1. r . FIG. X-1 r SECTION x BU' AMERICA POLICY April, 1995 On Federal Aid contracts, all steel and iron and coating of steel and iron shall be domestic except alternate bids may be permitted as hereinafter provided for foreign and domestic steel to be permanently installed on the project. However, effective March 24, 1995 this provision and the terms of 23 CFR Section 635.410, Buy America Requirements, were waived for pig iron and processed, pelletized and reduced iron ore only, by the Federal Highway Administration. If alternate bids for foreign structural steel and coating of steel are permitted in this contract, a separate proposal xvill be included as a part of thus Special Provision listing only those items on which a foreign steel bid may be offered The bidder is advised that he may submit a bid for domestic steel only and the award of the contract will be based on his total bid. If the bidder desires to submit a bid for foreign steel, he shall also submit a bid for such materials from domestic sources on the itemized proposal. Failure to furnish e bid for the dornestic steel iterns shall result in the bid proposal being considered irregular, The bidder may submit a bid for foreign steel on any of the items provided as part of this Special Provision. The award of contract will then be based on the following: ' (1) The lowest total bid based an domestic steel: or (2) 125 percent of the lowest total bid based on the foreign steel alternate. If the basis of award is domestic steel, foreign steel shall not be used, If the basis of award is foreign steel, either domestic or foreign steel will be acceptable; however, payment will be made at the contract unit prices for foreign steel. Domestic means manufactured in any of the 50 states, the District of Columbia, Puerto Pico and other territories and possessions of the United States of America. rWhere domestic steel is otherwise required by this contract, foreign steel may be supplied in minor arnounts riot to exceed 1/10 percent of the total contract cost or S2,500 whichever is greater. ote : The Buy America Policy Provision has been incorporated into the 1996 Missouri Standard � y � p Specifications for Highway Construction, and the Missouri Standard Specifications are used in the contract, this provision does not need to be included.) !'I G. X-2 NOTICE OF REQUIREMENT FOR AFFIRMATIVE' AC'T'ION TO December 1980 ENSURE EQUAL EMPLOYMENT OI'1'OR'I'UNI'I'1' (EXI,CU'I'IV1: ORDER 11246) 1. The Oflcror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Stanclard Equal Employment Opportunity Construction Contract 5pccifications" set forth herein. ? The goals and timetable for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each tale on all construction work in the covered area, are as follows: 3. Construction contractors which are participating; in ;►n approved Ilomctown flan (sec 41 CFR 60-4.5) are required to comply with the goals of the Hometown I'lan with regard to construction work they perform in the area covered by the l lometown flan, With regar(I to all their other covered construction work, such contractors arc required to comply with the I011owing goals: Gr:rals for Fcmalc Participation in Each 'trade ARIA C'OVFRED Goals for women apply nationwide. 0OALS AND TINIE.TABI..ES Goals Timetable (percent) , From Apr. 1, )975 until Mar. 31, 1971) 3.1 From Apr. 1, 1979 until Mar. 31, 1980 5.1 From Apr. 1, 1980 until Mar. 31, 1981 6.9 Goals For Minority Participation For Each 'trade County Goal (Percent) County Goal (Percent) Adair 4.0 Carroll 10.0 ' Andrew 3.2 Carter 11.4 Atchison 10.0 Cass 12.7 Audrain 4.0 Cedar 2.3 , Barry 23 Chariton 4.0 Barton 2.3 Christim► 2.0 Butts 10.0 Clark 3.4 Benton 10.0 Clay 12.7 , Bollinger 11.4 Clinton 10.0 Boone 6.3 Cole it.0 Buchanan 3.2 Cooper 4.0 ' Butler 11.41 Crawfur(1 11A Caldwell 10.0 Dade 2.3 Callaway 4.0 Dallas 2.3 , r NO'I'ICF C;I 1�4?,t;)U11t1.(itt?N'I' I (�l: AF IRMA'1`Wl: ACTION ((.'ont'd) Camden 1)aviess i O.0 Cape Girardeau 11.4 17eKalh I O.O Dent I IA Nodaway 10.0 Daltllltl5 2.3 4J)Dunklilt 2(i.5 (1sa)!r Franklin 14,7 Ur.;uk 2.3 Gasconade I I.,I Pentir;cot 26. Cientry 10.0 ferry 1 1 A Greene 2.0 Pettis I U,0 Gruruly 10.0 Phelps I I.4 I larrisan I(1,(► Pikc I 1 leery I O.(I 1'lauc. 123 I Iicicory Poll: 2.3 Holt 111.11 1'u111"ki 2.3 Howard 4.0 I'utn;lrri 41.0 I lowell 2,3 Ralls 3.1 Iran 1 1.4 Randolph 4.0 12.7 IUIN 12.7 Jackson � Jasper 2.3 RcylloWs , 11.4 Jefferson 1.1.7 1ti111cy Johnson I(►. ) tit. (.'hallo, 14.7 Knox 44.(1 St. (Tail 2•; Laclede 2.3 tit. I•rancoi s 1 1.4 Lafavetle 10.0 Sfc. (ierlevic,vc 1 IA Lawrence 2.3 St. L otli.,. Cil� 14.7 Lewis 3.1 St, L.(u[is('.colt\ 14,7 Lincoln I IA Saline 10.0 Linn 4.0 Schuv►cl 4.0 Livingston 10.0 Scod'and `l•O McDonald 2.3 Scott I I.4 Macon. 4.0 Shannon 2.3 Madisorl 11.4 Shelby 4,0 Maries 1 1.4 Slodda;d 11.4 btaricln 3.1 Stone 2.3 ' Mercer 10.0 Sullivall 4.0 Miller 4,0 'Laney 2.3 Mississippi I ]A Vernon � 3 1vloniteau 41.0 Warrcll 11.4 Molls(: 4.0 Washmi toll 1 1.4 Montt onlery 1 IA y`'aylx I IA Morgrul 41.0 %Vebster 2.3 Ncw Madrid 2G,; `North 10.0 Newton :.'.3 ti4rft'.111 _..i ' These goals are applicable to all the Contractor's canstruenon wort; (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor perforrrts C ntstruction wart: in a geographical area located otlL4ide of the covered area, it shall apply to (Ile goals established I'm such geographical area where the wort; is actually perfitrow.d. With regard to this second area, tilt, co11unctor also is subject to the goals for both its federally iuvolvei, and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 C'.FR Pall 60-4 Shall be based on its implctnctttation of the; Equal Opportunity Clary;c, specific affirmative action obligation~ required by the specificafion:. set Borth in 41 ('FR 60-4301), and its efforts to meet fill- goals. 'the hours of minority and female employment and training must be substantially uniform Ihroughcarl t}tc length of the contract, and in cosh trade, ',111(1 the Conti;tctor shall make a flood faith effort to employ e minoritio and women evenly oil each of its project:,. The transfer of minority, or female employees (it- trainees from Conu-aclot to Contractor or from project to project for file sole purpose 111' meeting the Contractor's goals shall be a violation of the contract, the Executive Orde and the regulation:; is d 1 CFI', Part 60-4. Compliance with the goals will be measure against (lie total work hours performed. fit. The Contractor ;;hall provide wralm notification to the Director of file Office of Federal Contract Compliance Programs within 10 walking day:, of award of any roulstructtrnt subcontract in excess . of $10,000 at any tier for cow;tiuction wort: lutdcr the contract resulting from this solicitation. The notification shall list the nmrnc, addles:: and tracphonc rtunlber of the subcontractor; employer identification number; estimated dollar amount of the suhcrmlract; estrmawd :;tarfing and completion dates of the subcontract; and the gCographicai area in which (lie subcontract is to be performed, >. As used ill Ihi�: Nolice, and in the contract resulting. flora this soliCitation, the "covered area" is the county, rout',:, and hlllils described in the proposal fit tl;c wort:. 4p STANDARD F(•:UEAM., 1:(;)1;:kl, CONSTRUCTION ION 11246) July 1986 1, As used in Illesc specifications: it. "C ovcred Arca" tllcalls the peoplaphical ;Irea dcS;Cli cd in the SolWitatioll which this contract resulled: I). "[hreclor" Inean;, Dilvelor, OI,tice (11, Federal C'orlliact C'ollipliance Programs, l.)ttiitid States Deparunen► of Labor, of any pe►soll to Whonl the Dirce(or deleg isles authority; C. "I.nlployer Idcnlificalion Itiunlber" nl:•ans the I-cderal f;ocial Security number used on isle I:nlploycr's. Utlarteriy I•ccicral 'fax Relurrl, i'.ti. I'rc;is'ury I)cparnncnt )•()I ln 041; i!. "MinorilY', includes: (i) }diet. (;I)I polsons havily oril ins in any of the (tract: AtYlcan radial )groups not of Ilispanir origin): Iii) hispanic tall person of Nleaican, I'ucllo Kirin, Cuban, C -.coral or South ,Anrcli,:an or oth'-•r Spalush Culture of origin, tcgardless of Alec); lilt) Asian and Pacific I:daul(ler (all pcisons having orlpins in a any of'thc originad peoples of the Far Last, Soulhcast Asia. ►tic Illdian SuIlCOrIMICIlt, or the i';ICiiC ISluus); and (W) American Indian or .Alaskan Native (all persons having origins in any of the orivinal peoples of North Aincrican and nlaintainillp identifiable tribal affilkino c; through nlcmbershill and participation of colnlnunity idcrltificaticul). '. I'Vilencvcl (tic Contractor, or any Subcontrlcli f W any tics, subcontracts it portion of the work involvill any ronr;trn(:tion trade, it shall physically include ir, each subcontract in execs oC S10.UQ(, the 1 provisions of these spcCiImilKrll'i and the Notice which contains the applicable coals for minority and female p,uticipation and which is set frnlh in 11,c soliclialiow; Goal which (Ills contract resulted. 3. If the Contractor k par(icipatinl" (pursuant to 41 ('t It i,U-1..;) in a Ifonlclown flan applovcd by (he l_I.S. Department of l,ahol in the :ovcrcd arc;l eithcl irldividtlally or through an association, its affimmilive action obligations on all worL in the flan area (Including goals and tiloctables) shall be in accordance with that flan lug those trade:; which have unions parLicipatinp in the flan. Contractors must tic able to demonstrate their pa rliclpanon in and collipli ince Willi the provisions (11 ally such I iorliclown Plan. Each C'ontiactot or Suhcotit actor par(icipatin," in all approved !'lull is individually required to comply with its obligations under the FFO (Aml;c, and to make a Road );tilh effort to achieve each poal ' under the i'lan in catch trade m which it has employees, 'I he ovctall rood faith performance by other Contractor; or Stlbcontraclors loward ai goal ill all approved Platt does not cxctC;e illy Coveted t olltrwtor's (11' Subcontractor's fatilure to take pool faith effort; to achieve the 111m) roils and belie laIlles. ' 4, 'ITIC Contractor shall implement (he specific assimilative action standards provided in parapraphs 7a through p of'these specifications, The goals set forth in the solicitation Imin which this contract resulted are expressed as pcicenlages of the total hours of' cnlployrllun( and uaining of ►ninority and female utilization the Contractor should reasonably tic: able to aeltie:•c in cacti consn•uctiorl trade in Which it has r employees ill the covered area. Covered Construction contractors performing; c:onstnwtion work in geogallhlcal areas where they du not have ;1 Fedual (7r federally assisted Conslrucl.ion contract shall apply the minority and female goals established far the peographical atua where tile. work is being pertornled. Goals arc not published periodically in the Federal Reg;ista in notice lilrnl, and site)) notices play he obtained froth any Frdcral Register in notice form, and such nodec.s relay tic obtained from ally Office of Federal Contract Cortlp ill rice Pwg;rams office of from I edcral procurement Contracting officers. 'I'll e Contractor is expected to make substantially uniform plogress tow)ud its _coals in each cr;►l't dining; the period specified. i. `either the provision:, of any collective hal.paininl, app-ecillent, not the fiaiiurr by a union with whom the Contractor has a collective harl!auling, agivenlcnl, to I'Clcr either minorities or wonlcn shall excuse the C'ontractor's obligations under Illcse spc•cificalinus, J'Amitivc ()ider 1 1240, or the regulations pronutigated pursuant lheretn, b. hl order (ilr the nonworkiml (raiuinl1 hours of apprentices and Irainccs to he Counted in nlcctill" the goals, such apprentices and trainees must he employed by file COWhIctor durinl; the traininge perio(1,and the Contractor must have made a commitment to employ the apprcntires ;Ind trainees at the completion of their training, subject to the availability of cnlployfncnl opporrlmilies. 'Irainccs most be trained pursuant to training programs approved by the U.S. I)epartine►lt of labor. 7 T'he Contractor shall talcs specific affirmative actions ►o cnsurc• equal employment opportunity. The evaluation of the Contractor's compliance with these spccifications shall he hased upon its effbn•t to achieve maximum results from its actions. The Contractor shall doCUlncm these efforts fully, and shall implement al'firmative action steps at least as extensive as the fbllowiflg i►1 f:AIAMC i11)(I maif)Mill a wtll'king, envll'(lf inelt ft'ce of Ium."Is",ment, intimidation, and Cool--ion at all sites, and in all facilities at which the Contractor's employees ate assij!iwd to work. The Contnictor shall specifically ensure that all foremen, :;uhcrinlcndcnts, and other oil-site aupervisr(-) pcl-sonncl arc aware of illld ciit'!'v out the Cont aliellti(111 ll� 111111(71I1y ell' tClllille IIld11`Idllillti «'(If{;I►It! ill SUCII titles (lr ill Such tllcllities. b, Fatablish and maintain a current list of,minority au(I lcmale rc;Cnliuncnl solnccs, prrrvidl: wf.illcn notification to I111f1(II'It", and f,etuale recl'lfllmc►ll sources "Ind to Cmill llllli1v ol-vallizatiolls when (he Contractor or its unimis have employnlcnl opportunittes available, and nlartltain a rc(:nrd of the organizations' wsponscs. C, Maintain a CnITCllt hlC 01'111t: flames. addresses and telephone numbers o1'ench minority and fen)alc off-the-street applicant and minority or fcmale referral front a limos, a recruitment source or community, mg;uliiation and what action was taken with retipccl ►o each such individual. If''such individual was sent to the union hiring hall for referral and was not refined back to file Contractor 1)y the union or, if'referred not emplr.�ycd by the Contractor. this shall lie docutnctitcd in (hc• file will) IhC reason lhcrcfar, along. with , whalever additional actions the Contractor may 11t1vc taken (I. Provide immediate widen notification to the I)irector when the union or unions will) which the ' CConu;fcirn has a collective hargainint; agrCenlcilt has not referred In ills Contractor a nlin(,rity person or woman sent by the Contractor, or when the C'onu;lc(or Ira:; olher information that the union referral process has impeded the Contractor';; elfnrts to meet its obligations. (I. Develop on-the-job training opportunities participate ill training, prop-ams for the area Which expressly include nlnxuuilles and woolen, includinp upg.radillg, progr;urs and apprenticeship and trainet. programs relevant to the c(nitrutol's employment Ilcods, especially those programs fulldc(I or approval by the Department of Labor. The Contractor shall plovidC notice of these programs to the sources complied under 71)above. I'. Disseminate (lie Contractor's ["IE0 policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting Ills Contractor ill electing its I`E0 obligations: by ® including it in any policy manual and coflcclivc hav!'airlin,! agreetnerlt by puillicizilig it in the company �I newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all Illinarity and Iemallt rnlployces al least one a ,Veal; and by po;tint! the company FTO policy on bulletin boards accessible to all employees at each location \vllere construction work is pal'ormcd. g, Review, at Icasl annually,the company',, FT() policy uu(f affirnialive action obligations under these specifications with all employees having Illy responsibility fur hiring, assignment, layoff, termination or other employment decisions including specific review of'these items with onsile supervisory personnel such as Superintendents, General I-orcluell, etc., priol to tilt: initiation of construction work at any Joh site. n written record shall be made and nlairltailm! iderilllving tilt: tinge and place of these nlectiligs, persons attending,subject matter discussed, and disposition of the suhject matter. h. Disseminate the C'ontractor's HE'O policy externally by indwlinp it in any Advertising in the news media, specifically incllldinl! minority and fenlsde news niedia, and providing written notification to ,old discussing the Contractor's [`F..0 policy with other COW raclnr:; aril Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its I-Ccruil111a11 efforts, both oral and written, to minority, Cermalc and community organizations, to schools with minol ity and female stud"Ilts and to minority and female rccruitincnt turd training organizations serving the c'ontractor's recruitment alea and employment needs. Not later than (Inc month prior to the (late 1,61 the acceptance of applicalions for apprenticeship or other Iraining by any recrllllment some':, the Colltractor shall send written notrllcation Ill (lrgatil/.atloils such as the above, describing the openings, screeninc ptocedures, and tests to he used in the scicclion process. j. Encotivape present minority and (dealt. emplovc,es Io ru.•r11il other minority pasons and \\omen and, whcte reasonable, provide after School, slmlmer and vacation enlploynlent to minority and female youth both on the site and in other areas of a Contractor':; workforcc k. Validate all tests and other scicctit.nl rcquirerneet where thcrc is an obligation to (to so under 41 CFk part 60-3. I. Conduct, at least annually, an invenlot), and evaluation at Icast of all Illlllorlty and fanalc personnel for promotional oppol-timil1Cs and cncournpe thrsc employees to seek t.tr to prepme for, through appropriate training, etc., such opporlimilics. 111. F"nsurc that seniority practices,Job Classilicalii�ns, work assignments and othel personnel practices, (fo not have a discriminatory effccl by Continually monitorilip all personnel and employment related activities to ensure that the FF0 policy and the Contractor's obligations under these specifications are bCitlg carried out. n. Ensure that all kwilllles arld compillly actl\Itics are Ilotlti�t!rC1!ated except that separate (it, single-user toilet and necessary charlping facilities shall he provided to assure privacy belween the sl.xcs. o. DOCLI ltelll and rlutinlain a retold(if,111 sollcitalious of of(cts Cor subcontracts from minority and female construction contractors and suppliers, including;circulation of Sol icilatioils Io nlinol-ity and Centale contractor associations; and olhcr bu-;mess ass„ciafil.nls. p. Conduct a reviety, at least annually, of all sup0rvisors adherelcc to mitt performance ►ruler the , Contra:;(or's I"f:(.) policies and affirmative action (11,11 r,►tions. S. Contractors are cncouraged to Imilicipatc m voluntary associatlons which assist in 1i11filling one(}r►norc of their affirmative action ohhl!;1Imn< Oil throu)!h 11). The elTorts of a contractor association, .)(tilt Contractor►Inion, contractor community, 110 0111101 siulilar ploup of which the contractor is a Illembel' and participant, may be asscrlcd as; fulfilling any one uc ;data 011'ns ohhg�ati0ns under 7a through ;� of these. specifications provided that the contractor ;lctivcl. parlIcipatcs in Ills guoup, makes cvcry cf ort to assure that the group has a positive irnpacl on the cntplovlll:nt of rtlinnritics and women III the industry, ensures that the concrete heneftts of the program are Icflect0tl ir; the I*ontract0r's n►irlority and female workforce participation, makes a good fiaith effort to rlu•cl ns; tnllrvidlial coals and timetables, and can provide access to documentation which delrlonstrates tilt el'Ict tivcn:tis of actions taken on he:half ol'the Contractor. The obligation to comply, however, is; the Conuaetol's and tailur0 01 .tiuch a group to lullill an obligation shall be at defense Im the C'ontractor's; nonconlphance. 9. P, single goal for minorities and a separate single goal for womul have heat established to provide equal employment 0pport till ity and to lake allirntauve acllom for all n►inority groups, both male and 1 fctnade, and all %vorllerl, botll minority and non-nlmolu� (.'onzeclucntly, the Contractor may be in violation Of the EXCCLIt1VC Order if a particular 1;10111) 1:; enlploycal ul a substantially disparate illanner(for exmnple, CVe►1 though the Contractor has achieved lls voids I'Or women VC11cr;lliv, the Contractor rrray he in violation of the Executive Order if a specific minority group(lf cyonvvl Is undcrutilired). 10 The Contractor shall not use 1110 +,oat-, anal Iinuslablcs. ol. al'lirnlll(Ive action standards to discriminale against any person bccamv 01'racc, color, lehgion, sex, or national origin. 11. The Conuractor shall no( enter into any ';rlhcontract with any person m firm debarred front Government Contracts pur.mlanl to Lxecutiyc (lydcr I I:4(,. 12. The Contractor shall cam out such sanctions, and penalties; for violation ol'these specifications and ol'the I:.clual Opportunity C'lausc, including' suspension, termination and cancellation of existing subcontracts as tray be imposed or ordered pursuant (o f,+.cctluvc Otdcr 11246, W,. o ICIRICcl, ,Ind its inlplenlenting! regulations, by the ()fficc of I ederal ('olinact Compliance 11ro,tram.;. Any Contractor who fails to carry out such sanctions and perlalm,;s, shall be In violation of these specifications and I:,xccutivc Circler 11246, as amended. 13. The Contractor, in fulfilling: its, nhiw:111 n:, tinder (hell' spccifrcatons, shall irnplenlent specific ' aftirnu►tive Action steps,a( least as extensive as; (11o.iC sumdards prescribed in paragraph 7 of Ihese Specifications, so as to achieve Inaximt:m results floln its efforts; to ensure equal employment opportunity. 11'tile C'onlractor fails to conlpl) with the requircnutlts of the Executive Order, the inlplcrrlct►ting regulations,or these specifications, the Director shall ptocced in accordance with 41 C FR 60-4.8. 14. The Contractor shall designate a responsiblc official io monitor all employment related activity (o ensure that the company I,FO policy is, heing( carricsd out, to Submit reports relating to the provisions ' hereof as may lie required by the Uovernmsrit to keep records. Records shall ,it least include 1'61. each employee (lie male, address, telephone numbers,,construction trade, union al'liliation if any, employee iden►ilication number when assigned, social security number, lace, scx,status (e.g. mechanic, apprentice, ' traince,helper,or laborer), dates of cl►anges in status,hours worked per week hi the Indicated trade, 1-:110 of pay, and locations at which the work was performed. Itecotds shall be maintained in an easily understandable and retrievable 1'01-111; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate 1-cC0rds, 15. Nothing herein provided stealI he co►►xtrticd as it limitation upon the application of other Iaws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (c.g thirac uncicr tale Public works I,n►ployment Act of 1977 and the Community Development Block Chant I'rngtam), • SUPPLEMENTAL REPORTING REQUIREMENTS A. The contractor will keep such records as are necessary to dctcrrriir)c compliance will) the contractor's equal ctrrploynunt opportunity obligations. The records Lent by the contractor will lie designed to indicate tile,number of minority and non-minority group membcrs and women employed '. ill each work classification on the project. B, All such records must be retained for 7t perind of three years following completion of the contract work and shall be available at reasonable times and place, frn• inspection by anthorind representatives of the State I lighway agency and file I-ederal I lighway Administration, C. The contractor and each covered subcontractor will Submit to the State Ilighway agency, for the month of July, for the cluration (If' the project, a report Worm PK-1391) "Federal-Aid l ligh,vay Constmetion Contractors Annual FEO Report", indicating the number of minority, women, and non-minority group employees currently cngaped in each wort. classification required by the contract work. t • SECTION x 7`EivIPORAR I'ROJI:C.7' NN'ATEIt POLLAJION CONTROL (SOIL EROSION) -AuOust 1972 DESCRIPTION: This work shall consist of temporary control measures as shonvn on the plans or ordered by the engineer during the life of the contract to control water pollution, through use of berms, dikes, dams, sediment basins, fiber gnats, netting, gravel, mulches, grasses, slope drains, and other erosion control devices or methods. The yp tem orar pollution control provisions contained herein shall be coordinated Mth the p permanent erosion control features specified elsewhere in the contract to the extent practical to assure economical, effective and continuous erosion control throughout the construction and postconstruction period. MATERIALS: a. Mulches may be hay, straw, fiber mats, ncttinf,, wood cellulose, corn; or tobacco stalks, bark, corn cobs, wood chips, or other suitable material acceptable to the engineer and shall be reasonably clean and free of noxious weeds and deleterious materials. b. Slope drains Clay be constructed of pipe, fiber gnats,.. -ubble, portland cernent concrete, bituminous concrete, plastic Shects, or other naterial acceptable to the engineer that will adequately ' control erosion. c. Grass shall be a quick nrowln, species (Such as rye grass, Italian rye grass, or cereal grasses) suitable to the area providing), r' cover v.hicn N,,ill not later compete v,ith the grasses sown later for permanent cover. t d. Fertilizer and soil conditioners shall be a standard conrrm.-rcial grade acceptable to the engineer. e. Others as specified by the enc';inc•er. PRECONSTRUCTION CC)NFFRE`)( F.:: At the precoristructiorr conference ar pri,�r to the start of' the applicable construction, the cor:tractor shall submit for acceptance his scar^di)es for accomplishment of te-,,porary and permanent erosion control worE., as are a;pli:r ble for clearing and grubbing; grading, bridges and other Structures at watercourses; constrc►ct,on, an i pLvins; He shall also Subrnrt for acce^:ance his pa rc osed method of erosion control on haul reads and borro%,. pits and tug plan fo: 6isposal of :vaSte materials. No wog;•; shall be stare; until then erasion control s:.hedulcs and methods of op;:rations have been accepted by the enl;ir.. . 1 FIG. \-b SECTION x r INSPECTION BY DEPARTMENT AND F E:DERA1,UIGnNVAY ADNU ISTRATIOti (FErWA) The city's specifications should stipulate that inspections of the work may be made by the MoDOT and F1 TWA and that the contractor shall Errant them access to zl parts of the work. Personnel of MoDOT will take all independent assurance samples for the city and provide the test results thereof. FIG. X-9 r SECTION X CERTIFICATION REGARDEtiG LOBBYING ACTIVITIES: In accordance with Section 391 of Public l..aa. 101-121 the bidder', under penalty of perjur}' certifies by signing and submitting this bid or prcpoial, that: (1) Nc federal appropriated fund; };ave berm paid or will be paid, by or on behalf of the undersigned, to ar y person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an off:ccr or employee of Congress, or an employee of a Member of Congress, in connection with the a%, arding of any federal contract, the making of any federal grant, the making of any, federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee or Congress, or are employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FORNI-LLL, "Disclosure Form to report Lobbying," in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made qr entered into. Submission of ties certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person Who fails to file the required certification shall he subject to a civil penalty of not less than 510,000 and not more than S 100,000 for each such failure The bidder also agrees by bid or proposal that they shall, require that the language of this certification b:: includeu i2 1.1V,er tier subcontracts, which exceed S 100,000 and that all such subreeipients shall cerify and eliscic.se accordingly. r1G. X-lU NONDISCRIMINATION IN EMPLOYMENT July 1990 The following provisions are added by the: State to the Required Contract Provisions of Fecicral-Aid Contracts. The contractor is advised that the exemptions refined to in the kcdatired Contract Provisions, Federal-Aid Contracts under Section 11, Nondiscrimination, parafa-aph :1)„ with respect to contracts and subcontracts, are substantial and arc to bc. found in Chapter 60, Uflice of Federal Contract C'onlllliance, Equal Employment Opportunity, Department of' I.,ahm (:13 I-ederal Register 7r1,04-7812. May 28, 1965, effective July I, 1968, Chapter 60, Title 41, Code of Federal kegula6011S), by which contracts and subcontracts of'.ti10.000 or less and certain contracts and Slibcontacts for indefinite quantities are exempt. The two pertinent exemption clauses arc as hallows: 60-1.5 Exemptions. (a) General-(1) 'transactions of,410,000 or under. Contracts and subcontracts not exceedrnb 410,000, other than Ciovernrllent hills of ladirll,, and other than contracts and subcontracts with depositories of Federal Funds in any amount and with financial institutions which are issuing and Paying agents for U.S. savings honds and servings notes, are exempt li•onl the requirements of the equal opportunity clause. In determining the applicability of this exeml-rtioll to any federally assisted construction contract, or suhcont,acl thereunder, the amount of such contract or subcontract rather than the anurunt of the Federal financial assistance shall govern. No agency, contractor, or subcontractor shall procure supplies or service, in it manner so as to avoid applicability of the equal opportunity clause: Provided, that where a contractor has contracts or 4p subcontacts with file Government in any 12-month period which have ;rrl aggregate total value (or can reasonably be expcctcd to have an aggregate total value) exceeding 41(1,(100, the S 10,000 or under exciliplion does not apply, and the contract~ are subject to the order and the regulations issued pursuant thereto regardless of whether any siliple contract exceeds S 10,000. (2) Contracts and subcontracts fc.0 indefinite clu;lntitic:;, With respect to contracts and subcontracts Im indefinite quantities (including, but not limited to, open encl contracts, recluirenlent-type contracts, Federal Supply Schedule contracts, "call-type" contraclti, and purchase notice agreements), the equal opportunity clause shall he included unless the purchaser has reason to hclieve that the amount to be ord:red in any year 1.111dCr Aue11 Cnittract will not excecol S 10,000. Tile applicability of the equal opportunity clatac shall be determined by the purchaser at the time of award for the first year, and annually Ihcreafrcr for succeeding years, if any, Notwithstanding the [)love, the equal opportunity clause Shull be applied to such contract whenever the amount of a single order exceeds 410,000. Once the cqu;.rl opportunity clause is determined w he applicable, the contract shall continue to he suhlect to :much clause for its duration, regardless of the amounts ordered, or reasonahly expected to he ordeted in ally year, 1 OPERATING POLICY STATEMENT The contractor shall accept Its his operating policy the following statement, or one of equal coverage, which is designed to further the provision of equal employment opportunity to till person without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal employment opportunity through it positive continuing program: "It is the policy of this Company to assure that applicants tire employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin, Such action shall include; employment, upgrading, dc►notion, or tiansCer, rccruiUncnt or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." SECTION X May 1959 DITFERING SITE CONDI'T'IONS, SUSPENSIONS OF NVORK AND SIGNIFICAItiT CE AnGES IN THE CHARACTER OF WOI:K 1. Differing site condition. (a) During the progress of the work, if stibsurfn:-c or latent physical conditions arc encountered at the site differing materially from those indicated in the contract u; if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the wort: provided for in the contract, arc encountered at the site, the parr d►s:overing such conditions shall promptly notify the other parry in m-ruing of the specific differing conditions before tact' are disturbed and before the affected •wor}: is performed. (b) Upon written notification, the engineer will investigate the conditions, and if he/she determines a that the conditions niatcHall), differ and cause an in:reas° or decrease in the cost or time required for the performance of any work under the contract, an adjustment, ex:luding loss of anticipated profits, will be made and the contract modified in writing accordingly. The enginty stiill notify the contractor of his/her determination whether or not an adjustment of the contract is warranted. (c) No contract adjustment which res•.:Its in a benefit to the contractor Mll be a'_io;ved unless the contractor has provided the required writtrn notice 4P (d) No co:ura:t adjustment «ih be a!lo•,�-d under Ibis clause for any effects caused on unchanged work. 2. Suspension of wort: ordered by dic cnguiccr. (a) If the rx:rforman:e of all or an of dic worl: is suspended or d:aavcd by the engineer in writing for an unreasonable period of tirric (not on rinall; anticipatcd, customan, or inherent to the coristruetion industn-) arid the contractor bcli.-vcs that addinoriai cornperisation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to ti:c engineer ire writing a request for adjustment within 7 calendar days of receipt of the no(icc to resume %50C}: The reqe_st shall se; fa;th the reasons and support for such adjustment. (b) Upon rc:cipt, the engineer i+ill evaluate Lhc ror.sactor's request. If the enginecr agrces that the cost and/or time required for (tic performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond coin:rol of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by stic tthcr, (he engineer will make an adjustment (excluding ' profit) and modify the contract in writinrc a:.-cordirl-k. The ennincer siili notify th, contractor of his/her determination sv,iether or not an ad)ustmcnt of the contract tf stiarrttntcd (c) No contract adjustment s+ill be , 1o%%-d unless thi contra:tor has submitted the request for adjustment %%ithin the cunt prescribed. ((I) No contrast adjusuncnt will be allo%%cd univ this claust to tat• extcnt that lerfor;n;,r,:c would have been suspended or delayed by any other rausc, or for «1ii:;; an is proviccd fa° or ex.!-_jcd un•'.er an other term or condition of this contract J. Significant changes in the character of vrork FIG. X-13-1 SECTIO X (a) The engineer rescrti•es the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work 2s are neces;an• to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contraa not release the surety, and the contractor agrees to perform the work as altered. (b) If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, «%ill be made to the contra.-t, The basis for the adjustment shall be agreed upon prior to the performance of the«•ork. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contract in such amount as the engineer may determine to be fair and equitable. (c) If the alterations or changes in quantities do not significantly change the character of the Nvork to be performed under the contract, the altered work will be paid for as pro%ided elsewhere in the contract. (d) The term "significant change" shall b:construed to apply only to the following circumstances: (1) When the character of the work as altered differs materially, in kind or nature from that involved or included in the original proposed construction or (2) When a major item for wort:, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to the portion in excess if 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed, r r i FIG. X-13-2 REQUIRED CONTRACT PROVISIONS FEDERAL,-Alf) CONS'rRL1C'TION CONTRACTS Pa- ,c I. Genera I................................................................................................................................. l II. Nondiscri►ttinatio►t................................................................................................................ 1 111. Nonsegregated Facilities......................................................................................................3 W. Payment of Predetermined Minimum Wage........................................................................3 V. Statements and Payrolls .S VI. Record of Materials, Supplies, and labor...........................................................................6 Vil. Subletting or Assigning the Contract...................................................................................7 L'1 1I. Safety: Accident Prevent ion......................./.......................................................................7 IX. False Statement Concerning Ilighway Projrc.ts...................................................................7 X, Implementation of Clean Air Act and Federal Water Pollution Control Act................................................................................................8 X1. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion................................................................................8 till. Certification Regarding Use of Contract Funds for Lobbying..............................................................................................................................9 AT'FACHMENTS ' A. Employment Preference lbr Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contact by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be mule. The Required Contract Provisions shall not be incorporated by reference in any case. The prune contract shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. , 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient Vrounds for termination of the contract. 4, A breach of the CoNowim-, c huscs of the Required Contract Provisions may al!m be grounds for debarment as provided in 20 CFR 5.12: Section 1, paragraph 2; Section 1V, paragraphs 1, '-),3, 4 and 7; Section V, paragraphs 1 and 2a through ZL. 5. Disputes ;lrising Out of the labor standards provisions of Section IV (except paragraph 5) and Section V of those Required Contract Provisions shall not be subject to the general disputes clause of'this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Depattmcnt of'Labor (DOL) as set forth in 2c, CFR 5, 6, and 7. Disputes within the meanin�u,, of this clause include disputes between they contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: Uurin!�, the performance of this contract, tile. contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contacts, when► applicable, as specified in Attachment A), or b, employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who arc an parole, supervised release, or probation. II, NONDISCRIMINATION (Applicable to all Fo:deral-aid construction contracts and to all rclated subcontracts of $10,000 or more), 1. f dual Enil loyinent Opportunity: Equal cmployinelll opportunity (EEO) regUlCCmcnts not to discriminate and to take affirmative action to assure equal opportunity as Set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders, rules, regulations (28 CFR 35, 29 CFI( 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the I 1"'0 and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sec.) set Forth under 28 CF'R 35 and 29 CFR 1630 are incorporated by relcrence in this contract_ In the execution of this contact, the contractor agrees to comply ' with the following minimum specific requirement activities of EE'O: a, The contractor will work with the Suite hi,.!h%vav agency (SIiA) and the Federal Government in carrvin}t out L I?U obligations and in their rm iev✓ of his/her activities under the contract. ontracior will acct It as his operating police the following statcnlenl: h. 1 he e 1 1 f l "It is the policy of this Company to assure that applicants arc employed, and that cnlploveus are treated durillo cnlplovnlent, without regard to their race, religion, sex, color, national origin. age or (lisabrlctV, tiuc}l action shall include: enlployrllcnt, upgrading;, demotion, or transfer, recruitment or recruitment advertising: lavllff or termination; r,,tes of pay or oilier lornis of compensation; and selection for training, including! appremic,--ship, prcapprenliceship, andior on.. the Job training." ?. EF:O Officer: The contraet()l• will designate and make know to the IIA Coll Iractlllg; Officers an LF:O officer who will have the responsibility fin• cold must he Capable of effec•tivcly administering and promoting an active contractor program of F;I?O and who must be W,Si1MCd adc(luate authority and responsibility to do so. 1)isscminalion oi' 1'olic.y: All nicnlbcrs o1' ter contractor's staff who are authorized to hire, supervise, promote, and discharge crllployces. or who recommend such action, or who are substantially involved in such action, will be made Fully cognizant of', and will inlplcnlent, the contractor's ITO policy and 4p contractual responsibilities to provide ITC) in cacti grace and classification of` employ tile lit. '1'o ensure that the above altreCIlicnt will be tllet, the following ' actions will be taken as a minimum. il. Periodic luuctings of' supervisory and personnel ol,fice cnlployces will be conducted bCll,rc the start of work and then not less olien thcul once every six lllontlls, at which time the contractor'~ 1:1;0, policy mid its inlplerinllullion will be rcvicwcd 111(1 explclinecl. 'fee nuCctir)gs will he Co11d11rtccl bY the ITO Officer. b. All nc�,v supervisor iv or personnel ol'fiec emplovecs will be uiven a thorcnlgh indoctrination by the 1:1.0 (loiter, covering all major aspects of tlu; e contractor's f'60 ublivatiuns within thirty clay~ I fllowini! th,.ir reporting, fur duty with tilt Contractor. C. All personnel who are engak,cd in direct rccruitlnclll for tilt project will be instructed by IFlc FF_-0 Officer in the contractor's procedun-s For locating:; and hiring millol'lly group elllplovecs. d. Notices and poster:; setting, firth the contractor's FFO policy will be placed in areas readily accessible to employas, applicants for employment and potential ' employees. C. The Contractor's ITO policy and the procedures to implement such policy will be brought to the aticltti011 of C fill)loyeca by means of employee handbooks, or other appropriate ntcrins. 4. Re-cruillne t. When adverlisinlc for CutployasS, the Contl;let,ir will inCludC ill ell advertisements fir employee": illC notation: "An F.dual Opporltrnity I?riployer.,, All such advertiscmunts will be placed in publication having; a largo., circult111011 anu�ngz minority groups in the area from which the project work fierce would normally be derived. u. 'I'll(, contractor will, unless precluded by a valid bill !' finings apreemcm, f ! conduct SN'Stcmatic and direct 1'CCrllltmCIII througsh pttlilic and private employee ref*cnal sources Iikcay to yield dualified minority group applicams. 'I o meet this rCCluircmCnt, the contractor will identify sources of polcntial minority 1_,1'0111) CmployceS, and ctitablish with such identified sources procedures: wherchy 11111,1011 1%, group uhlilicants nrly be referred to ® the contractor for employmcnt consideration. !� b, In the event rile c•ontractoYr has valid l�nr! aiming; at.erccnlsn; I,roviclin!s for CzrlusivC hiring' hull referrals, he fir, CxpCCtud to ubsCrvC the provisions of that u��.rCCmcnt to the extent that the sys►crm permits the contractor's compliance with I?EU contract provisions. (The I)OL has held that where implementation of such agzrecmcnts have the effect of discriminating against nunorttics or women, u1'• ohhimtcs the contractor to do the same, such implumetwition violalcs I:xCCtltIVC Order I I�40 As u111Cnded.) C. The Contractor will oncour,tl.ce his present employees to refer minority group app Iic; tits for ellnployment, Information and procedures with regsard to referring; minority group applicants will be 111SCUSSCd with CmployeCS. 5. Personnel Actions: \Vag_cs, working! conditions, and cmplovuc benefits shall be established and administered, and perscutncl 1c:liolls of CvCry typo, including hiring;, up:_srading, promotion, transfer, demotion, layoll, told wrmllimion, shall be taken without rClrlyd to r,lce, color, religion, sox, flational origin, agtc or disability. The followings procedures shall be followed: a, The Cuntr,n:t0r will conduct periodic inspection', of project sites to insure that Wol'k►Ill, CO)rlllltlUlIS and CIIII)Ioycc 1'a6ht CS do not indicate discriminatory tr'Cinlllerll of project site personnel. h. 'I he Contractor will 1wrimlicAly Cvaltmic the spread c f gcs paid wmhul each classific;arioll to determine any evidence of di:;criutinalor'y wug,c practices. C. '['lie Contractor will periodWally review selected personnel actions in depth to determine whether there is evidence of diSCl'iMillillio ll. %X11CIc CvidCnCC is found, the contractor I.vill promptly take corrCCtive action. If the review indicates that the discrimination may extend beyond t}►e actions reviewed, such Corrective ;lotion shall include 'Al affuctcd persons. d. The Contract(lr will promptly investigate ali complaints of alleged discrimination "nude to tile, contractor in conrlcctiun with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a r'casonable tulle. If the ill vest igation indicates that the discrimination may affect persons other than the complainant, :etch corrective action shall include such other persons, Upon completion of cach investigation, the contract will inform every complainant of all of his avenues of appeal. 6. Training "111.1 promotion: I The contractor will assist in locating, qualifying, and increasing the skills of Iinority -roup and women employees, and applicants for employment. Consistent e► w' th • contractor's wort: Force re(.Itlr'erllents and as t . c n, I. c, It Ith (. I permissible under Fcderaf and State rcgulations, the contractor shall make full use of training program, i.e., apprenticeship and on-the-job training programs for the gcogr;.Iphical area of contract performance, Where fc.lsible, 25 percent of apprentices or trainees in each occupation shall he in their first year of apprenticeship or training. In the event it Special provision for training is provided under this contract, this subparagraph will be supersed"'d as indicated in the special provision. C, The contractor will advise employees and applicants for employment of ayailablc t•ainin.g programs and entrance regl.lirenlcnts for each. 4p d. The contractor will periodically re•,,iew tilt: training and promotion potential of minority group and wonlcn emplovccs and v;ill encourage eligrblc employees to apply for such training and prommion. 7. Unions: If the contractor relics in whole or part upon unions as it source of errlployces, the contractor will use his/her hest efforts to obtain the cooperation of such unions to Increase Opportunities for minority z!roups and women within O)c unions, and to effect referrals by such unions Of minority and Icnr►le employees. ,Actions by the contractor either(lirectly or through a contractor's association actin}! as agent will include the procedures sc" firth below. a. I'hc contractor will use best efforts to develop, in cooperation with the lllllonti, t(,IIII iralnlll�! prol!I'"Illls alnll'd lit\VUr(1 CI1lahfying IllOI"e I1lIIlOrlll' l!C(1Up Il1eI711:CCS ' and woolen for membership ill the unions and increasullc the skills of ►ni11ority group employees and worllcn "(, that they nmy qualify for Iligher paying enlploynl(:nt. b. "fhc contractor "011 u;e best efforts to incorpor"Ite an I I''O clause into each union 1►t.!rcen1cnt to the end that such union will he contractually bound to refer applicants without regard to their lace, color, rcligion, see;, national origin, age or disability. C. 'rhe contractor is to obtain information as to the referral practices and policies of tilt labor union except that to the extent such information is within the exclusivc possession of the labor utlion anti such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SIIA and shall set forth what efforts have be:co made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit sea forth in the collective. bargainim, agreement, the contractor will, through independent recruitment efforts, fill tile. employment vacancies without regard to race, color, religion, sex, national origin, age or disability; slaking full efforts w obtain qualified and/or qualifiable minority group persons or woolen. (Tile D01., has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In tile, event the union referral practice prevents the contactor 11.0111 sleeting the obligations pursuant to 1:.XCClltiNT Order 11246, as amended, and these special provisions, silch contractor shall inlnlediately notify the SHA. R. Selection ol•Subcontractors, Procurement of'Nlatcrials and Leasing of tSquipment: 'File contractor shall not discriminate on the.. grounds of race, color, religion, sex, national origin, ague or disability in the selection and retention of subcontractors, including; procurement of materials and ]cases elf equipment. a, The contractor shall notify all potential subcontractors and suppliers of his/her FTI*O obligations under this contract. b. Disadvantaged business enterprises (17131.:), as defined in 4O C,FR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. 'I'll(, contractor will use his best efforts to solicit bids from and to utilize 1713E subcontractors or subcontractors with meaningful rninority group and female representation anuntg their employees. Contractors shall obtain lists of F)13F, construction firms from SHA persorulel. C. The contractor will use his hest efforts to ensure subcontractor compliance with their FIFO obligations, 1 9. Records and Reports: The contractor shall keep such records as necessary to doelllllenl corrlpliancc with the F FO requirements. Such records shall be retained for a period of three years following; completion of the contract work and shall be available at reasonable times ant) places for inspection by mallorized representatives of the SHA and the FI WA. a. The records kept by the contractor shall document the 16110 IT: (1) '['lie number of minority and non-minority group members and women employed in each work classification on tilt. project, (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities For minorities and Nvomem, (3) ']'lie progress and efforts being made in locating, ilirhr g, training., qualilyint;,, and upr raclint! minority and ('cnlale employees; and (4) The progress and efforts being made in securing the services of D13E subcontractors or subcontractors will', nleaningf',II minority and female representation amount their employees, b. The contractors will Subllit in annual report to the SHA cacti July for the duration of the project, indicating the number of minority, women, and non-minority groc.ap employees currently engaged in each work classification required by the contract work. This information is to be reported oil f'onll FHWA-1391. If on-tile-Job, training is being required by special provision, the cont actor will be required to collect and report training. daul. 111. NON SEGHI-X;ATED FAClLI" IL'L'S (Applicable to all Fedc:ral-aid construction contracts and to all related subcontracts of•$)0,000 or more.) a. 13v submission of this bid, the execution of this contact or subcontract, or the consummation of, this material supply agreement or purchase order, as appropriate, the bidder. federal-aid collslrtlC6011 contractor, subcontractor, material supplier, or velldar, as appropriate, cerllfles that the firm does not maintain of provide for Its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perlorm their services at any location, under its control, where segregated facilities arc maintained. The farm agrees that a breach ofthis certification is; a violation of'the FFO provisions of'this contract The firm further certifies: that no employee will be denied access to adequaw facilities on the basis of sec or disability. ' 1). As used ill this cutilleat►llll, the term "segregated li►cllltles" nuans any waitlnly coon s, work,areas, restrooins and washrooms, restaurants and other eating atcaS, timeelocks, locker romis, and other sloralze or dressing areas, parking! lots, drinking fountains, rcereation or entertainment areas, transportation, and housing facilities provided fc.lr employees which are scgrefated by explicit directive, or tire, In filet, sepregaled on the hasis of face, color, religion, national ol-46n, age or disability. because of' habit, local custoll), or otherwise. The only exception will be li,r the disabled when the demands for accessibility override (c.g. disabled parking). C. The contractor avrces that it has obtained or will obtain identical certification frond proposed subcontractors or material slipplic;rs prior to aware) of subcontracts or cow;till]matinn CO, material supply agreements of S 10,000 or more and thra it will rc laia such certif►c:atoils in its files. W. PAYMF?N'I' 01: I'Ith.DFITI MINI D lv11NHOUM WAOF (Applicable to all Federal-aid construction contracts exceeding S2,000 and to all related subcontracts, except for projects located oil roadway. clan<siliecd its local roads or RINa) minor collectors, which are exempt.) 1. General: i►, All mechimics and laborers cn)i)loved or worknlp, upoll the site of the Work Will be paid unconditionally turd not ICSs n('tcrt than once it Week and without subscducnt deduction or rebate on mly account ;except such payroll deductimis as arc permitted by refruhtions (29 C'FR 1) issued by the Secretary of* Labor under the Copeland Act 00 U.S.C. 270c); the full amounts of' kvat!es and bona fide fi-ingc benefits (or cash c(1uivillents thereof) (tile at time of pavntcult. The payinvill shall he computed at waf!c rates not Icss than those contained ill tho wage dc1c►•nlnlation of the Secretary of Labor (hereinafter "tile wagc determination") which i:: attached hcretu and Inade a part hereof, rcgardles:; of ally contractual WhItiollShip which IIMV he idIVI el to exist hetWeell the contractor or its subcontractors and such laborers ;lrld lneeluulics. Tile wage. determination (inclu dinj_' any additional classific;aions and '.Valle rates conformed unoer paravraph 2 of this Scciion 111 and dlc DU.. poster (WHO X21) or Form FIIWA•-I�tc1`) shall be posted at all tinges by the conti-nior and its subcontractors it tic: site of the word: ill a prominent and accessible place widen it can be easily seen by the worker.. For the purpnsc. of this Suction, contribution": milde or co,ms reasonably anticipated for bona lids 1'ringt, benefits under Section 1(b)(2) of'tic I)avk-flacon Act (40 U.:;.C. 2760 on behalf of lahurcrs or ►nechanics arc considered wafl.cs paid to such laborers or mechailics, suhle,:t to the provisions of Section IV, parapraph :11), hereof. Also, for the purpose of this Section, rcimlar• contributions nr,cde or costs incurred for more 111,11) a weekly period (bu! not less often thrill cluarwrly) 111)dcr plans, fundS, or pro,fIranls which cover the prulicular weekly period are decn►ed to be constructively made or incurred during such WO.Ikly period. Such Laborers and luechallics shall he paid the appropriate waf!e ruts and fringe benefits on the wage determination fir the classification of work actually perfortnccl without regard to skill, except as provided in paragraphs 41 and 5 of this Section IV. b. Lalborm. or mechanics performing* work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. Cl. All rulimp and imcipretations of tlic Davis-Bacon Act and related acts contained in 20 (TT 1.3, and S are herein incorporated by reference in this contract. 2. Classification: a. The SIIA contractor ol'ficer shall require that ,my Mass of laborers or mechanics employed under the colltrilct, which is not listed in the wage determination, shall be C V;Sificd ill conformance with the wage. delcnninalion. h. The contracting officer shall approve an additional cla;;sification, wage rate and fringe benefrt only when the following criteria have been nlet: (I ) the work to be performed by the additional classification requested is not perlormcd by a classification in the wage cleterminatioll; 4P (2) the additional classification is utilized in the area by the constru;;tion ill(IMAI' . (a) the proposed wage rate, including any bona fide fringc benefits, bears it 1'ea"'ol:able rchltion(,hil) to the wage rates Contained ill the Wage determination; and (4I) with rr•;pect to helpers, when such al classification prevails ill the area in which the wort: is pal'ormcd. C )f the comraotor or subcowractors, as appropriate, the labor'er's and rnrchaulic:; (if' known) to be cttlploycd in the additional classification or their l'epresontallves, alld the e(.Nltral im, (officer a1!ree on Ill(., classification and wage rartc. (including the amount designated i,or fridge benelitr: where appropriate.), a rcpor, of the action taken shall be sent by the contracting officer to the D(: L, Administrator of the Walge anti Hour Division, Frnployrnew S:andarck Administration, Washington, D.C:. 20'210. The Wage and Flour Administralor, o)• an authorized representative, will approve, nlurlif:y, or disapprove every additional classilication action within 30 dtlys of receipt and so advise the contractinf, officer or will notify rile contracting officer within the 30-clay period that additional 61110 is accessary. (I. In the event the contractor or subcontractors, as appropriate, the laborers or mcchanics to be employed in the additional classification or their representatives, and ' the contracting officer do not agree on the proposed classification 111(1 wage rate (including the amount designated li,r fringe benefits, where appropriate), the contractingg, officer shall refer the gocstions, including the views of all interested parties and the recommendation of the contnictinp officer, to the 'Wage and Hour Administrator for determination. Said Administrat(11', or rill rttithorlzed representative, will issue a (determination within 30 days of receipt and so advise the contracting offico.r or will notify the contracting officer within the 30-clay pWrioct that additions) time is necessary. c, The wage rate (inciuding frinj.lc benefits where appropriate) determined pursuant to paragraph ?c or 2d 01'tltis Section Iv shall be Laid to all workers perfbrnJiv-, work in the additional classification from the first day on which work- is performed in the Classification. 3. Payment of Fringe Benefits: a, Whenever the rnininrtml wage rate prescribed in the contract for it class of laborers or mechanics inclu(Ics it fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropi ime, does not mak c payments to a trusts(! or other third person, he/she may consider as it pan of the wages of' any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fidc fringe bendos under it plan or progr;tnt, provided, thus the Sccretary of labor has Found, upon the written rc(lucst of th' contractor, that the applicable standards of the Davis-Bacon Act have bcoi) nice, The Secretary of Labor may recluirL the contractor to Set aside ill it separate account assets for tllc mectini! of obligations Milder the plan or' program. 11. Apprentices tend T rain cc.,; (11 roil rants Of IIle tJ.S. DOI.) and I Ic Ill crs: a. Apprentice;;: (I ) Approntice�, will be permitted to work at less that) the predetermined rate for the work they performud when they arc employed pursuant to and individually registered in a hona fidc ;tppreloiccship program registered with the DDL., l nnployment and Training Administration, Bureau of Apprcmiccship and "Training, or with it State apprelnticcsilip rccc,l!rtizcd by the Burcau, or if it person is employed in his/her first 90 days of probationary c till)loyrli nt as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or it State apprenticeship aZ;cncy (where appropriate) to be clipible firs probationan employment as an apprentice. (?) 1'hc allowable ratio of apprcnticcs to journevrllan-level employees on the job site in any craft classification shall not be greatur than the ratio permitted to the contractor as to the entire. work force under the; registered proiiram. Any employee listed on a payroll at an apprentice wage rats., who is not registered or otherwise employed as Stated above, Shall be laid not less than the applicable wage rate listed in the. wage determination for the chissification of work actually performed. In addition, any apprentice performing work on the joh site in excess of the ratio, permitted under tilt registered program shall be laid not less than tile. applicable wage rate on the wage determination fi,r the work actually performed. Where a contractor or subcontractor is perfi,tming construction on a project in ,I locality other than that in which its program is r•eg,islered, the Patios and waLx rates (expressed in percentages of the lourrleylllan-level hourly rate) specified in the contraculr'ti or sullcontractor's revistcrecl pn grand shall be obsurvc(I. (3) I-Nerti apprentice must be paid at not less than the rate specified in the registered program for tht: apprentice's Icvcl of progress, expressed as a percentage of the juurnevnl�ln-level hourly rata Specified in the applical w we delci inatiol Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not slccif'y fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If file Administrator for the Wage and {-lour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. 4P (4) In the evunt the Bureau of Apprentic cshill and "Training or a State apprenticeship agency recognized by the Bur,;au, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at ICSS than the applicable predetermined rate f'clr the comparable work per l'ormcd by regular emplovecs until err acc:ep!able program is approved. h. Trainees (I I I"Acept as provided in ?cI (TR 5,1(), trainees will not be permitted to work at less than the pl•Cdelurrllilled rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by fornu:l certification by tilt: LK)I., Fnllaloyment and Tratlling Administration. (2) The ratio of tnlinccs to journevnuui-level empinvees on the job site shall not be greater than Ilcrnuttud under the plan approved by the Employment and Training Adm inismtion. Anv empluyuc listed on tllc payr,.,ll at a trainee rate who is not ' registered and participating in a tr'airlinp plan approved by the f,nlploynlent and `braining Administration shall be paid not less than the applicable waL;e rate on the wage determination for the classifICMion of Work W111AIS perlin•n►cd. In additi,arl, arty tr'aince ' perfor•rtling, work on the jnh site in ,:xccs of the ratio permitted under the re"istured program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate. specified in the approved program for his/her level of prob css, expressed as a percentage of the journeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage detcrrninrttion which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and 'Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. C. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV2. Any worker listed on a payroll at a helper wage rate, ' who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. eS. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under, apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SI-IA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime ' contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances a; may be considered necessary to pay laborers and mechanics, including; apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site ofthe work, all or part of the wages required by the contract, the Si-iA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman , or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violations: Liability for Unpaid Wages: Liquidated Damages: In the event of any violation or the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the Unites States (in the case of work done udder contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day ' on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime, wages required by the clause set Forth in paragraph 7. d, Withholding for unpaid Waacs and Liquidated Damages: The SHA shall upon its own action or upon written request any authorized representative of the DOL withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other 1--cdcral contact with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work hours and Safety Standards Act, which is held by the same prirne contractor, such sums as may be determined to be necessary to satisfy any ' liubilitics of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above, • r V. S l•A'l'FMI".NCS AND PAYROLLS (Applicable to all Fcderal-aid construction contracts exceeding S2,000 and to all related stibcorltracts, except for projects located oil roadways classified aS local roads or rural collectors, which art: exempt,) L Complianc°c with Copeland Regulations (21) CFI: 3): The cuntr;cant shall c:c►nlply with 1110 Copeland Regulations of the 5ccictary of Labol• which are herein incorporated by reference. 2. Payrolls and Payroll Records: u Payrolls and bw.ic record.; rcl;tting thereto shall be maintained by the contractor and each subcontractor durin ,. the course of work and preserved for a period of 3 vear:s from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchman, helpers, and guard working at the site of work. 17. The payroll records shall contain the came, social Se0.urity number, and address of each such emplovec, his or her correct classification; hourly rate of wages paid (including, rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalcut thereof the types described in Section I(b)(2)(13) of the David Bacon Act); daily and weekly number 01' hours worked; deduCtrollS Made; and actual Wages paid. In addition, for Appalachian contracts, the payroll records shall cowain a notation indicating whether the employee does, or does not normally reside in the laihor area as defined in Attachment A, paragraph I. Whenever the Secretary of Labor, pursuant to Section 1V, paragraph 3b, has found that the waf"c5 of ally laborer or mechanic include the arrlount of any costs reasonably anticipated in providillu benefits under a plan or program described in Section I(b)(2)(13) of the David Bacon Act, the contractor and each subcontractor shall maintain records Which shiny that the C0111mitment to provide such benefits is el forcc;INC, that the plan or program is financially responsible, that the plan or program has been conumulicated ill writing! to the hhorer, or mechanics ifTected and show the COM anticipated or th0 actual cost incurred in providing benefits. Contractors or subcontractors employing aplWCllliCCS or trainees under approved programs shall Illrlillmill wr'lltcll c1'Idellce o} till' 1'eglslration of apprentices and trainees, and ratios and wage rata, prescribed in the applictablc programs. C. I',ach contractor and subcontractol• shall furnish, each week in which amp Contract work is perform c(l, to the `;I IA resident em-incur a payroll or wages paid each of its clnployees (including apprentices, trainees, and helper;, desuribed in Section IV, paraV,raphs -1 and 5, anti watchnlcu arid ,;uards cugaged nn work during the preceding weekly payroll period). The payroll subrllitted shall sel out accurately and completely all ' of the information requrl•ed to he utaintaincd under paragraph 2b of this Section V. This information nlav be submitted in ally form desired. Optional born WI-1.347 is available for this; purpose ancf may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U. S. Government Printing Office, Washington, D. C. 20402. The prime contractor is responsible for the. submission of copies of payrolls by all subcontractors. d. Each payroll submitted shad be accompanied by a "Statement of Compliance" signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of the Section V and that such information is correct and complete. (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3. (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. C. The weekly submission of a property executed certification set forth on the reverse side of Optional Forn WI-1-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. E The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 13 U.S.C., 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under e paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA and FFINXA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FI-IWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. V1, RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal-aid contracts on the National Highway System, except those which provides solely for the installation of protective devices at railroad grade crossings, those i 1 which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than 51,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specif►c materials and supplies contained in Forrn FHWA-41, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under the contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and ® supplies listed on Form FI-IWA-47, and in the units, shown on Form FI-iWA-47. C. Furnish, upon the completion of the contract, to the S14A resident engineer on Form FHWA-47 together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING T14E CONTRACT I. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specific elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. ' 2 The contract annount upon which the requirements set forth in ara-ra ph 1 of p q p 4 I Section ViI is computed includes the cost of material and nnanufaetured products which ' are to purchased or produced by the contractor under the contract provisions. r r 3. 'The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work and (b) such other of its own organizational resources i (supervision, management, and engineering services) as the SI•IA contracting officer determines is necessary to assure the perfonmance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SFIA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. r r 4P r r r r r r r r r \1111. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal., State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of tltc work cow-red by the contract. 2. It is a condition of this contract, and shall be made a condition of cacti e subcontract, which tile contractor enters into pursuant to this contract, that the contractor and tiny subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or clanscrous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work 1-101.11-s and Safety ,tandarcls Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that. the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate tite matter of compliance with the construction sal'cty and health standards and to carry out the cluties of the Secretary under Section 107 of the Contract Work hours and Safety Standards Act (40 U.S.C. 333) IX. FALSE ST.ATEMI NTS CONCERNING; HIGHWAY 1 R0JEurS 1 In order to assure high quality and durable cortsu•uction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by cngincers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the pro.jcct is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the fi�llrnving notice shall be posted on each Federal-aid high% ay project (23 CFR 635) in one or more places where it is readily available to all perst:r►ns concerned with tho project: NOTICE TO ALL P RSONNI:I_ ENGAGED ON FEDERAL.-Alf-r LII(:iHWAY PRO.ILCTS ' IS U.S.C:'. 1020 rca ds as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or "Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false relwrt us to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in colrnection with the submission of plans, maps, specifications, contracts, or costs of construction oil any Ilighway or related project submitted for approval to the Secretary of'Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, duality, quantity, or cost of any work perfornlcd or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation, or Whoever knowingly makes any false statement or false representation is to material fact in ally statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than S 10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION O1- CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all federal-aid construction contracts and to all related subcontracts of S 100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Fcdcral-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sue, as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sec as amended by flub. L. 92-500), Executive Order 11739, and regulations in implementation thereof(40 CFR 15) is not listed on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2 That the firm agrees to comply and remain in compliance with al the requirements of Section 114 of the Clean ,Air Act and Section 306 of the Federal Wage Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the first shall promptly notify the S11A of the receipt of any communication from the. Director, Office of' Fcdcral Activities, EPA. indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities, O r 4, That the firm agrces to include or cause to he included the requirements o1' Paragraph I through 4 of this Section X in every rtonexenll)t subcontract, and 1ia-thcl' agrees to lake such action as the government May direct as a meads of cnfol'Cltlg such requirements. X1. CEA01FICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION I. Instructions for Certification - Primary Covered Transactions: (Applicable- to all Fcdcral-aid contracts -- 49 CPR 2[)) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 1). The inability of a person to provide the certification set out below will not necessarily result ill denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification setout Mow. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, fidlure. of•the prospective primary participant to furnish a certification or an explanation shall (lisqualil'y such a person fi-om participation in this transaction. C. '1hc certification in this clause is a material representation of fact upon which reliance was placed �Olcn the department or agency determined to enter into this transaction. If' it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or attcncy may terminate this transaction For cause of [lefault. rcl. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is ;submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. C. The terms "covered transaction," "debarred," "suspendecl," "ineligible," „ „ "lower tier C0VC1'Cd transaction, 'IYIrtlClpanl, pel'SOrI. primary COVCCed ll'illlsilCtl011, "principal," -proposal," and "VOI[Intarily excluded," as Used in this clause, have the InCilningS set O[It II) il1C Dclimti0ns and C.oVCraf,C sections of rules implementing Executive Order 12549. 1'ou may contact the department or agency to vrhich this proposal is submitted For assistance in obtaining it copy of'thosc regulations. r f. Tile prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the departmcm or agency entering into this transaction. g. 'file prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment., Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered 'Transaction," provided by the department or agency entering into this covered transaction, without modification, in aII lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurenlcnt portion of the "Lists of Panics Excluded From Federal Procurement or Nonprocurernent Programs" (Nonprocurcmcnt List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that wllicl► is normally possessed by a prudent person in the ordinary course of business dealings. J. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower ter coverecl transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the debarment or agency Illay terminate this transaction for cause or default, r • CERTIFICATION RI,GARD1NCi DEBARMENT, SUSPENSION, 1NI L.IGIBILm' AND VOLUNTARY EXCLUSION-PRIMARY CCOVER.EDI'RANSACI'IONS 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals. a. Are not presently debarred, suspended, propowd for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. b. I lave not within a 3-year period preceding this proposal been convicted of or had a civil judLcment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. tC. Arc not presently indicted for or otherwise criminally or civilly charged by a governmental entry (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; mud d, have not within a 3-year period prec.cding, this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Wherc the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. e2. Instructions for Certification Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions or.S25,000 or more —49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. !f it is later determined ' that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Fcderal Government, the department, or r r agency with which this transaction originated may pursue available remedies, including suspension and/or debarment, C. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of' changed circumstances. d. Tile terms "covered transaction," "debarred," "Suspended," "uicl►gible," "prnnary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Exceutivc Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. C. 1'hc prospective lower tier participant agrees by submitting this proposal that, should tile. proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction, with a prison who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. I: 7'he prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debannent, Suspension, ineligibility and Voluntary Exclusion-Lowcr• "tier Covered Transaction," 4P without modification, in all lower tirr covered transactions and in all solicitations for lower tier covered transacti oils. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the cliribility of its principals. Each participant may, but is not required to, r check the Nonprocurement list h. Nothing contained in the foregoing shall be construed to require establishment of a system or records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a Pruden; person in the ordinary course of business dealings. r . r r 1 1 r i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered 'Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attached an explanation to this proposal. M1. CER'T'IFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid constniction contracts and to all related subcontracts which exceed S 100,000—49 CFR 20) 1. The prospective participant certifies, by slgning and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencinL; or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making; of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or ' cooperativr. agreement. 1 r b. if any funds other than Federal appropriated funds have been paid or will be paid to any person for influence or attempting to influencing in officer or employee of any Federal agency, a Member of Congress, in officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form t.LL. "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 132. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than S 100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed 5100,000 and that all such recipients shall certify and disclose accordingly. AT`fACHMENT A — EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only) I. During the performance of the contract, the contractor undertaking to do work which is, or reasonably may be done as onsite work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified p ersons regular]), residing in the area are not available. b. For the rcafk)nable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an eff icicnt execution of the contract work. C. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that , the number of nonresident persons employed under this subparagraph I shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 belmv. 2. Tile contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required ' to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. if during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph I c above. -i. The contractor shall include the provisions of Sections 1 tlirouglh 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on- site work. r e 1 RIEQUIRIED � 1 GOVERNMENT � ENVIRONM..,,- , -...ENTAL s CLEARANCE � LETTERS M i r i #4 0 .It Michael Hartmann Bob Holden Commissioner Governor • PC State of Missouri OFFICE OF ADMINISTRATION Intergovernmental Relations Post Office Box 809 Jefferson City,65102 573/751-4834 July 9, 2001 `7 Mr. Stephen J. Meyer, P.E. ' ; I,L. i. �... . .',,1.r.';.� ` ..` Project Manager NIECO Engineering Co,, Inc, 2004 308 East High St., P.O. Box 714 1 Jefferson City, MO 65102 RE: Proposed Sidewalks and Trail MIECO Nos, 404-015, 404-016, 404-017 ISTEA Project No. STP-3100(509) Dear Mr. Meyer: We are in receipt of your reqUCSt for review and comment on the above referenced projects. These projects Were pl'CViOLISly submitted by the Department of Transportation and were reviewed Linder SAI number 99080041. Please find attached a copy of the sign- off letter for your information. If you have any questions, please contact meat 751-4834. Si •I el Y, Ewell Laws , Coordinator Missouri Clearinghouse EUnitk Enclosures Mal Carnahan y Governor tr�ccc. State of Missouri OFFICE OF ADMINISTRATION Stan Parovich Richard A.Hanson Director City Jefferson Cty Commissioner Post office y Division of General Services 65102 August 23, 1999 Kyle Kittrell 1 Transportation Program Manager Missouri Department of Transportation 105 West Capitol Avenue P. 0. Box 270 Jefferson City, MO 65102 Dear Mr. Kittrell: Subject: Attached List of Highway Planning and Constniction Projects [99030020 — 99080072] The Missouri Federal Assistance Clearinghouse, in cooperation with state and local agencies interested or possibly affected, has completed the review on the above project application. None of the agencies involved in the review had comments or recommendations to offer at this time. This concludes the Clearinghouse's review. A copy of this letter is to be attached to the application as evidence of compliance with the State Clearinghouse requirements. Sincerely, Lois Pohl, Coordinator Missouri Clearinghouse ' LP:cm cc: Regional Planning Commissions 1 h 99050033 [STP-3301(454)]City of Kansas City- Jackson County Riverfront,/Town of Kansas Ped d: Bike Walk Mid-America Regional Council 99080034 [S7'11-3352(406)] City of Kansas City- 1-435 iS Jackson County Holmes Intersection Landscaping, Mid-America Regional Council 99080035 [STP-3352(407)]City of Kansas City- Brush Jackson County Creek Pedestrian/13icyclt: Trail Mid-America Regional Council 99080036 [STP-3351(406)] City of Kansas City - Indian Jackson County Creek Greenway Pedestrian Bicycle Trail Mid-America Regional Council 99080037 [ST['-3355(403)] City of Kansas City - Lake of the Jackson County Enshriners Landscaping &. Pedestrian Mid-America Regional Council 99080038 [ST'P-3335(405)] City of Raytown-Acquisition of Jackson County Rice-Tremont House Mid-America Regional Council n 99080039 [STP-3300(154)] KCATA -Relocate Passenger Jackson Countv Rail to Union Station Mid-America Regional Council 99050040 [S'I'P-2700(503)] City of Fulton - Stinson Creek Callaway County Trail - Phase II Mid-Missouri RPC 99080041 [STP-3100(509)] City of Jefferson City-School Cole County Sidewalk Program Mid-Missouri RPC 99080042 [STP-9900(568)] City of Lake Ozark-The Strip Miller County Enhancement Project- Phase I Lake of the Ozarks Council of Local Governments 99080043 [STP-2100(511)] UMC - University of Missouri Boone County Bike Trail- Phase Ill Mid-Missouri RPC 99080044 [STP-5400(671)] Bi-State Development Agency- St. Louis City and County Bus Shelter Program- Phase 11 East-West Gateway Coordinating Council 99080045 [STP-4928(604)) City of Chesterfield - Pathway St. Louis County on the Park bast-West Gateway Coordinating Council 99080046 [S'rP-5537(611)] City of Kirkwood - Kirkwood St. Louis County ' Road Pedestrian R Bicycle Improvements East-West Gateway Coordinating Council CULTURAL RESOURCE ASSESSMENT Section 106 Review CONTACT PERSON/ADDRESS C Stephen J. Meyer, P.E. i Don Newmann, FHWA Project Manager John Howland, MoDOT MECO Engineering Co., Inc. aob Reeder, MoDOT 308 East High Street Jefferson Cit , Miuri 65102 PROJECT: Phase 1, 11 and FEDERAL AGENCY COUNTY: FHWA ( COLE The Historic Preservation Program has revievved the Information submitted on the above referenced project. Based on this review, we have made the fallowing determination: After review of initial submission, the project area has a low potential for the occurrence Of Cultural resources. A cultural resource Survey, therefore, is not warranted. Adequate documentation has boon provided (36 CFR Section 800,11). There will be "no historic properties affected"by the current project, An adequate cultural resource survey of the project area has been previously conducted. It has been determined that for the proposed undertaking there wil! be "no historic properties affected". �l The proposed undertaking will have "no adverse effect" on properties listed on or determined eligible for listing in the National Register of Historic Places. For the above checked reason, the Historic Preservation Program has no obK-c-fion to tim Initiation of project actl PLEASE BE ADVISED THAT, IF THE CURRENT PROJECT AREA OR SCOPE OF WORK ARE CHANGED, BORROW AREA IS INCLUDED IN THE PROJECT, OR CULTURAL MATERIALS ARE ENCOUNTERED DUIRI CONSTRUCTION, APPROPRIATE INFORMATION MUST BE PROVIDED TO THIS OFFICE FOR FURTHER REVIE% AND COMMENT. Please retain this documentation as evidence of compliance with Section 106 of the National HWI Preservation Act, as arnencied. B Y 2001 July 11. t;A�it� reservation Officer Date rr ' , Claire F. Blackwell, Deputy "it� V- c MISSOURI DEPARTMENT OF NATURAL RESOURCES HISTORIC PRESERVATION PROGRAM P.O. Box 176, Jefferson City, Missouri 65102 For additional lrdomriat:lon, plea I se contact Judith Deel, (573)75,11-7862. Please be sure to refer to tte project nft. T936 USDA United States Natural Soil Survey Office Department of Resources 350 West Hwy. 541., # 7 Agriculture Conservation Ctundenton, MO 65020 ^M Service 346-7127 ' June 12, 2000 Scott E. Vogler, P.E. Project Manager MECO Engineering Co., Inc 308 East High St, P.U. Box 714 Jefferson City, Missouri 65102 RE: Project Review Jefferson City Parks and Recreation East Branch Pedestrian/Bike Train fa Project No. STI'-"a 1 I 1 505 MECO Project No. 404-010 0 �� � FF�'4S�l` p0 Dear Mr. Vogler: ��?% The Farmland Conversion Impact Rating you regUested is attached. 6 4> Sincerely, David vNf Soil Scientist The U,S.Department of Agriculture(USDA)prohibit,discrimination in all its programs and activities on the basis of race,color, national origin,gender,religion,age,disability,political beliefs,sexual orientation,and marital or family status.(Jot all prohibitcd bases apply to all programs.)Persons with disabilities who require alternative means for communication of program ' information(Braillc,large print,audiotape,etc.)should contact USDA's TARGET Center at(202)720-2600(voice and'rDD), 1'o file a compliant of discrimination,write USDA,Director,Office of Civil Rights,Room 326W,Whitten Building, 1411)& Independence Ave.,SW. Washington,D.C.,20250-9410 or call(202)720-5964(voice or TDD), USDA is an equal opportunity ' provider and employer. r U.S, D-_,partinent W Agriculture FARMLAND CONVERSION II'APACT RATING nc PART I (To t,.,,corriplowa by Federal Agency) Date Ot Land Evaluation Request 5/ 23/00 Na'.10 Of Proilct Fedcrat Agency Involved— East Branch Traii - -!�I; -)L11'r-rans, ortation —------------ _,_.D_Q_ps _Mgnt._L -Tr P.'CPO_;!d Laid Use County And litaic Pedestrian/F.Iike Trail --- Colo Count"Missouri PART 11 (To be coniNeted by SCS) Date Request Fleceived Ely SCS Does the site contain prime, unique, statewide or local important farmland? Yes jqo Acres Irrigated Avetap Form Size (ti,110, the Fpp,4 does not appl�l do not complete additional part.�. of this fore}). Ll Wa.ar Croo(.) Formable Land In Govt. Jurkdrction Amount 0! Farmland As Defined in T-04 — I 1) Acres: Acres: "I a I Name Of Landd Eva�ITiiuon System Used Name Of Local Sit^ Assessment Systprn Date Land Evaluation Return ed By SCS Alternative Site Fia I' Site C PART I I I M be completed hy Federal Agency) !�.Tv B Site D A. Total Acres To Be Converted Directly B. Total Acres To Be Converted Indirectly C, Total Acres In Site PART IV be completed by SCS) Land Evaluation Information A 'Total Acres Prime And Unique Farmland B. Total Acres Statewide And Local Important Farmland C. Percentage 6 f Farmland In County Or Local Govt.Unit To Be Convbrtect D. PefccntaI2 Of Farmland in Govt.Jurisdiction with lame Or Higher I Relative Val PART V (To be completed by SCSI Land Evaluation Criterion Relative Value Of Farmland To Be Converted (Scale of to I S) 00 PC)in t PA R T VI (To h^completed by Federal Agenr)l) M"J'ximum Site Assessmen-, Criteria Me.r, criteria are explainedin 7 CFR 658.511?) points 1. Area In Nonurb)n _Use �_____- -2. Perimeter In Nanurban U;e 3. Percent_011 Site—_Being Farmed 4, Protection Provided By State And Local Government S. Distan orn Urhan Builtup Area Distance To Urba ri-Support Serv1cL1`S___­.___ 7, Size Of Prc.;ent Farm Unit Compared To Average 8, Creation Of Nonfarrnahh., Farmland ------------ 9. Avaitabdity Of Far rn Support Service; 10. On-Farm Investments 11. Effects Of Conversion On Farm Support Service, 27E, ninj libi 1i ty VIi th Existing Agricul UKDI US(Q, TOTAL SITE ASSESSMENT POINTS PART Vil tro t)econip"vred by Federal Agencyl Valv-7 Of Fornfland (Fron) Part V) 100 GO TOTAL P01[,1T.S (Total of above 2 lines) 2GO LA Vla ?.oral Site Assessment Us,:d) si:: Sn;eCt;d: Datc, Of Selec"IMI YES Mo L7 rC' T e J7 cFler-0-) 4,-1L,.0r)00fw,k el & le o STATE 01" MISSOURI DEPAIR.1 MENT OF z` RESOURCES DIVISIONOF STATE PARKS 11.0. BON 1*7() JL-l'I'LIS011 Qt ', 0„102.0170 (5-31 751.2A79 June 5, 2000 Mr. Scott E. Vogler, P.E. &NO 8 MECO Engineering Company, Inc. P.O. Box 714 <9000 Jefferson City, Missouri 65102 Re: Proposed Construction, Jefferson City Pedestrian/Bike Trail, East Branch, Phase 2, Jeffeir6c%,f G City, Cole County, Missouri (FHWA) 10 Dear Mr. Dean: Thank you for submitting information concerning the above-referenced project for our review pursuant to Section 106 of the National Historic Preservation Act (P.L, 89-665, as amended) and the Advisory Council on Historic Preservation's regulation 36 CFFI Part 800, which require Identification and evaluation of cultural resources. After reviewing the Information provided, staff of the Historic Preservation Program concur that there will be no historic properties affected by project related activities. Please note, appropriate information must be provided to this office for further review and comment if the project area is increased, 11 cultural materials are encountered during construction, or if adjacent areas that contain cultural resources may be adversely impacted. If any historic properties are discovered in the course of project related activities, the above COMITIent may have to be revised. If you have any questions, please write or call Cal Rea at (573) 751-7958 and refer to HPP tracking number P095, Sincerely, HISTORI RESERVATP jN FROG FAM Claire F. Blackwell Director and Deputy State Historic Preservation Office CFB:rcr c: Mr. Stephen Mahlood, Director, Missouri Department of Natural Resources Dr. Doug Eiken, Director, Division of State Parks, Missouri Department of Natural Resources Mr. Don Neumann, Program Engineer, Federal Highway Administration Dr. Bob Reeder, Cultural Resources Coordinator, Missouri Department of Transportation Mr. John Howland, Environmental Studies Coordinator, Missouri Department of Transportation 01 ' Page 1 of 2 ADDENDUM NO. 1 PROJECT N0, STP-3100(608) LINDEN DRIVE SIDEWALK JULY, 31, 2003 1. The bidder will acknowledge receipt of this Addendum and his acceptance of Its conditions by signing this Addendum and including it with his bid, ' BIDDER: ��1CfGt'G BY: G- C TITLE: ' CITY OF JEFFERSON, MISSOURI ' PATRICK E. SULLIVAN, P.E. DIRECTOR OF COMMUNITI' DEVELOPMENT ' ' ' ' ' Page 2 of 2 ADDENDUM NO. 1 PROJECT NO. STP-3100(509) LINDEN DRIVE SIDEWALK JULY, 31, 2003 1. Special Provision SP-20, Pedestrian Handrail, is incorrect and shall read as follows: 1 "The Pay Item No. 13, HANDRAIL (WALL) shall include the cost of the handrail, the concrete cap, reinforcing,and all equipment, additional materials, and the labor needed to install the handrail on top of the wall." 2. Special Provision SP-28, Viaduct Modifications, is incorrect and shall read as follows: "Any equipment, material, or labor required to remove, modify, and/or replace any part of the concrete erosion slabs as required per MoDOT specifications shall be covered under the lump sum pay item VIADUCT MODIFICATIONS, Pay Item No. 28.,, 3. There are two corrections to the itemized bid form: A. The description of bid item 32, CURB AND GUTTER shall read "CURB AND GUTTER (REMOVAL / REPLACEMENT)" B. The specified unit for Bid item number 34, CONCRETE APPROACH, is incorrect. The unit shall be in terms of square yards, "SY". These two corrections have been made to the enclosed bid e form entitled "ITEMIZED BID FORM (REVISED 7/31/03)". This revised bid form shall be used in the submission of bids. r FINANCE DEPARTMENT ENT PURCHASING DIVISION SUBJECT: Did 2084 - Linden Drive Sidewalk Phase 3 Community Development - Opened on August 5, 2003 BIDS RECEIVED: Concrete Engineering, LLC, Jefferson City, MO $ 100,224.62 Stockman Construction, Jefferson City, MO $ 117,593.50 Lehman Construction, LLC, California, MO $ 126,597.00 *J C Industries, Jefferson City, MO $ 127,722.25 Aplex Inc., Linn, MO $ 132,056.00 U S Constructall, Inc., Grain Valley, MO $ 151,947.01 Don Schnieders Excavating, Jefferson City, MO $ 187,629.00 *Outside the corporate city limits of the City of'Jefferson. FISCAL NOTE: 3501-9900-7350-4099 - School Sidewalk Projects 2002-2003 Budget $ 174,111.00 Expended 30,625.46 Encumbered 18,546.54 Bid 2084 $ 100,224.62 Balance $ 24,714.38 PAST PERFORMANCE: This bidder has completed City projects satisfactorily in the past. Staff believes Concrete Engineering, LLC will complete the work as specified and bid. RECOMMENDATION: Staff recommends the award of the bid to the lowest and responsible bidder meeting the specifications, Concrete Engineering, LLC of.lefferson City, Missouri in the amount of $100,224.62. ATTACI-IMENTS - SUPPORTING DOCUMEN'T'ATION Tabulation of Bids, Departmental 12ecommendation Signature Purchasing ,ent 4r, Con6unity Development Dept. interoffice MEMORANDUM —NEW Date: August 20, 2003 To: Terry Stephenson Purchasing Agent, Finance From: Pat Sullivan' Director, CoDevelopment Re: Linden Drive Phase 3 Project Number STP-3100(509) City Project Number 32044 Bid No. 2084 The Community Development Department has completed a review of the bids opened at 1:30 PM on Tuesday August 5,2003 for the above noted project. As part of the review all the bids were tabulated to check for math errors (an error of $1.00 was found in the bid from Aplex, Inc.) and to compare unit price quotes of the various contractors. For your information attached to this memo Is the tabulation of the seven (7) bids that were received for the project. Based on our review the Community Development Department recommended acceptance of the ® bid for$100,224.62 (the lowest received bid) for the work included in the proposal from Concrete Engineering, LLC, 241 Indian Meadow Drive, Jefferson City Missouri, and received the State's concurrence of this recommendation on August 20, 2003. The Department recommends the expenses for the project to be charged to the following account: Account Number: Amount Available: Amc int Required: Amount Remaining 3501-9900-7350-4099 $ 124,939.00 $ 100,224.62 $24,714.38 If you need any other information please feel free to contact David Bange, of my staff, at extension 433. 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