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HomeMy Public PortalAboutORD13369 BILL NO.- 2001-193 SPONSORED BY COUNCILMAN ._.____jll_qk.,,gQ.g!.nd-L.and.we,ll..r..-.-- ORDINANCE AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR EASTLAND DRIVE SIDEWALK PROJECT, WHEREAS, Concrete Engineering, L LC has become the apparent lowest and best bidder on the Eastland Drive, Sidewalk Project project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Se'ction 1 The bid of Concrete Engineering, LLC is declared to be the lowest and best bid and is hereby accepted, Sectio'n'2. The Mayor and City Clerk are hereby authorized to execute an agreement with Concrete Engineering, LLC for Eastland Drive Sidewalk Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved:_ lesiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor � 0 � i t . I M 'r u. SPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. STP - 3100 (509) Eastland Drive Sidewalk PHASE 1 ENGINEER: MIX0 I,NGINI IAIJNG COMPANY INC. !Of® f!N(;INI,,1ZS - SURVEYORS 11.0, BOX 714 3o8 E, I(IC1�1 sn'umT ..�� itIMECO •IL:UTi?RSON CITY, MISSOURI 65102 (.5.73) 893-5558 ' Jefferson City Department of Public Works June 2001 C T E. '-� OGLER • w �,�• 111WA ER E-22.510 o �P) -ESSN�; `�`� ' TABLE a[ r. QN TINTS • Advertisement flor Bids • Notice to Bidders • 1111,6r•mation fir Bidders • Bid Dorm* • Subcontractors • Bid Bond* • Anti-Collusion Statement* • C'ontractor's Affidavit* • Disadvanlage 13u.sincss FlIterprise Contract • Documentation of'Good I.'aith F11,61-ts to n►cct rlrc Mil", Conflac•t Goal • Participation by Dt31 's • Identification ol'f'articipating D131 's • C'ertification Regarding Disbarment, LligibilitY, Indictrnc-111,,, Conviction or Civil Judg►ncnts* • Certification Regarding Equal 0pp0►1unity &, Affirmative Action in Subcontracting • davit of Compliance with Prevailing Wage Law • Prevailing Wabe Determination. • Affidavit of Compliance Public Works Contracts Law • 1YCCSSIVC t.fnemployrncut Exception C'crtilic.ution • C OnSIruCtlon C'ontr'act • Performance, Payment, and Guarantee 13011d • General Provisions • Special Provisions • No Second-'Pier Subcontracting • Buy America Policy • Notice of Requirements for Affirmative Action to f""nsure C-qual Iniployment Opportunity • Standard Federal L:qual Employment Opportunity Construction Contract Specifications • Supplemental Reporting Requirements • Temporary Project Water Pollution C'orttrol (Soil I rot;ion) • Inspection By Department and Federal Ifighway Administr;rtion (FI�IWA) • 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 • Tree, Shrub and Other Wood Plant Maintenance — Standard Practices • Letters from Government Agencies • Technical Specifications i Thomas P. Rackers City of Jefferson, � 8'�� ' i o Mayor M Department of Community Development 04 1 Department of'transportation 320 East McCarty Street, Room 100 � � 320 East McCarty Street, Room 102 Jefferson City, MO 65101 Jefferson City, MO 65101 (573)634.6410 (573) 634-6530 ADVERTISEMENT FOR BIDS Sealed bids will be receive-,d at the office, of the I" urchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101 , until 1 :30 p.111., o►) Tuesday, March 19, 2002. The bids will be opened and rear) 110trd in 010 Council Chambers at 1:30 p.m. on that same day. The proposed work for the project entitled "Project No. STP - 3100 (509), Phase 1, Eastland Drive Sidewalk" will include, the- furrlishiny of all material, labor, and equipment to Construct approximately 3,760 linear feet of 5 foot wide, 4 inch thick portland cement concrete sidewalk. Construction shall consist of grading, clearing, excavating, paving, drainage structures and'other neoessary improvements. A pre-bid conference will be held at 1 p.m., on Tuesday, March 5, 2002, in the Lower Level Conference Room of City Hall, 32.0 f_=, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 Fast McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Thirty Two Dollars ($32.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be robtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON T ;� lt�ru�rt_ ey erry Me ph n on Purchasing Agent Publication Date: February 24, 2001 i NOTIGE TO [31DDERS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101 , until 1 :30 p.m., on Tuesday, March 19, 2002. The bids will be opened and read aloud it) the C:r,uncil Chambers at 1:30 p.m. on that same day. The proposed work for the project entitled "Project No. STP - 3100 509), Phase 1, p p P 1 1 ( Eastland Drive Sidewalk" will include the furnishing of all material, labor, and equipment to construct approximately 3,760 linear feet of 5 foot wide, 4 inch thick portland cement concrete sidewalk. Construction shall consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements. A pre-bid conference will be held at 1 p.m., on Tuesday, March 5, 2002, in the Lower Level Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workiiiarashil7 must be in accordance with the plans, specifications, and contract docurnenf.s on file; with the; Director of Public Works, 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 Thirty Two Dollars ($32.00) will be required for each set of plans and specifications. Individual full sire sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. i 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. ' I CITY OF JEFFERSON, MISSOURI ' Department of Transportation Department of Community Development r INFORMATION FOR BIDDERS 113-1 SCC)PE OF WORK The work to hc. done under this c":Ontract includes the furnishincj of (711 tochnir:cri personnel, lobor, nioloricals, rind equipr-nent required to perform tho wort; included in the projecf ontitlr�d "Project No. STP - 3100 (509), Phase 1, Eastland D(ive Sidr_wulk" in (-wcordcincer with the plans and specifications on tilt! with thl.: Departrncnt of Puhlic Works. The proposed work for this project will Include the furnishing of all material, lahor, and ecluipmcnt to construct opproximolely 3,760 linear feat of 5 foot wide, 4 Inch thick portland cement concrete sidewalk. Construction shall consist of grading, clearing, excavoling, paving, drainage structures and other necessary Improvements. I13-2 INSPECTION OF P'I.ANS,_SP,FCIFICATIONS, AND SITE OF WO_P._K The bidder is required to examine carefully the site of the proposed wort:, the hid, plans, specifications, supplemental specifications, special provisions, and contract documents before submitting a bid. Failure to do so will riot relieve d successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of thc: contract. 113-3 INTERPRETATION OF CONTRACT DOCUMENiS If the biddt,�r has any cluc:slions which arise concerning the true nicaning 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 wrilinq, (.it least five (5) days prior to the dale fixed for the bid opening, that an interpretation be made ' and an addendurr'i be issued by the City, which shall then be delivered to all bidders to whon7 Plans and Specifications have been issued. All addenda issued shall becoriie pail of the contract documents. Failure to have requested an adderrdurYa covering any questions affecting the interpretation of the Plans and Specifications shall not reliever the Contractor from delivering the completed project in accord-ince with the intent of the Plans and Specifications to provide a workable project. 113-4 JUALIFICATiONS OF BIDDERS The City of Jefferson moy make such invesligalions 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 property qualified to cant' out the obligations of the Contract and to completer the work contemplated therein. r r r I13-5 EQUIVALENT MATERIAL Wherever definite refc5rc:nr.<. is anode in these; Specifications to the use, of any particular rnaterial or equil r11(.- rt, it is to be understood that any equivalent mate=rial or equipr7 ent n-My hr Used which will perform adequately the duties imposed by the cleneral design, Subject to the approval of the City, I13-6 BID SECURITY Erich bid must Ley c, cor lifted c:hc:ci: or h;d bond rnadc! payable to the City of for fiv(� , of tax': arnount of thr� hid. Bid securilic;s will i)r� ()f ih(r to the successful hidd(:r. Should the successful L)idcler fail of rc.:fusc.: to e:•":ec:ule ti c: bond orld the contract required within seven (7) dcrys ciflw h,:: hey; tecc :!ivc-d notice: of acceptance of his bid, he shall forfeit to ttrcr city cr. tiquidcrtc-d dcrrnucic:s for sr.rc:h failure: or refusal, . the security deposit(!d will) hc, hid. 113-7 PREPARATION OF BIDS Bids must be made upon the, prc:scrihed forms attached in these Contract Documcnfs. Only sealed bids will be con siderc.(-], all bids otherwise submitted will be rejected cis irrectular. All blank spaces in the bid nius.t he filled in rind no c:hango shall be made in the phraseology of the bid, or adclition to the itc-tns riientioned therein. Any conditions, limitations or provisions aticrc h(.-cd to hid s will render there informal and may be considered cause for (heir rc:jeclion. Extensions of quantities and unit prices shall be carried out to the penny. IB-8 PRICES The price submitted for each item of the: wort: shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over $500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor front 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 laxes. r I1-9 APPROXIMATE C1UANTITIES In cases whow, arty [)()It of oll of fh,� hiddincl i" to hr-I rec uivcd on r.t rmit basis, the quantilic:s stetted in Ihr. Diet will nut he.: usc?d in csloblishin() fine)l paynlent dur; thr:: succr:rss(ril Cor lmc.foi, 11w_ qucfrctilics slat+ cf on wttii:tl unit prices nre ,r) invited rwr opprc)xirnrfir: only and onc:h bidder shall rncake his own uslirllate; (tout tlrr:: plc.fw, ()f th+, cluctnlitf, f+.:cl+.)ircrf on c:ac;h item oriel c:rrlc ulcflc: hip. unif price: hid for c,c.fc h itr;rn rac:i c)r(fit +ily. (ii,J,) will t:)c: c:ornpared or thr! basis c)f nuntt)cx r)f units Ictl+ I in ti I)i,i. `,u, .l, r:-,firticfl+:d cl ic:irllffir:s, v:,hiR.., rfic,i (tc)nl I c: 1)c1;t inf()rrnc)tic)+I cIvctiluk)Ic:, cti+: ,rl,I,ru.,irncflc:: or II . f' I r n 0 r I t of 0 1r (,'r>rtlrrfc:i will I)+. h(f;c cf of) cr{..t(+%tl ft1+r,tl , q +)f +frill , in,;fcjlk�d can Ii i+. IB-10 LUMP I SLIM IJI:MS f'cayrnc_�nt for eoc:h Iufrtl.) s+rrrt it,�frt fcl "all t)c: (Ii ttt+_r kPill) ,UM hid fur Ihc; ifcrri, cornplct+.: in pIr1c'r:, cfnd ,h(III iri+.luctr: the cc-),.Js of cffl iahor, ntefterials, cools and cn-td to tiro lirni i n <;n ttl<' PInrls. • Ili-11 SUBMISSION OF BIDS The Bid and III(' ["id Se:curfty �IUcncrrlice:irlc(l the:: same shall be placed in a scaled envelope cold rnarf:ed "Project No. STP - 3100 (509), Phase 1, Eastland Drive Sidewalk". IB-12 ALTERNATE BIDS Ire rnaking the award, it cane rnafc: Oids hove been rc;cfuesl+Dd, they allernate hid which will be in the Lest interest of the, City will he used. I13-13 WITHDRAWAL OF BIDS If a bidder wishes to withdraw his bid, lie may do so before the time fixed for III(-- opening, without prejudice to hir7iself. No bidder may withdraw his bid for a period of sixty (60) days after the scheduled closing finie for the receipt of bids. tNo bids received after the,- tune set for- ol:)erlinq for- bids will be considered. IB-14 RIGHT TO REJECT BIDS ' The City reserve the right to reject any or all bids, to waive any informality in tale bids received, or to accept the bid or bins that in its judgonlent 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 sl-rall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. IB-16 PERFORMANCE AND PAYMENT BOND A Performance and Payment Bond in an amount equivalent to one hundred percent (1001x) of the Contract prier% 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 Surely shall be a coiporafc; Surety Company or companies of recocinized standinci licensed to do t:n.isiness in the; State of Missouri and accef:ftable to the City of k4fors-on. IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to inciernnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees, The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the some shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City. I13-19 NONDISCRIMINATION IN EMPLOYMENT Contracts for wort: under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. IB-20 PREVAILING WAGE LAW 1 The principal contractor and all subcontractors shall pay not less than the prevailing wade 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, 1959 and as last amended in 1993. (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 yuar from the date of final acceptance. In addition, the equipment furnished by the c.;:ontractor shall he guaranteed to he free from defects in design. Within file guarantee pe:riad and upon notification of the Contractor by they City, the Contractor shall promptly make all needed adjus tiller)is, repairs or replacements arising out of clefcc;ls which, in the judgment of the City become necessary during such neiiodt The cast of call rncatericais, :�c,ris, !c_ihor, transportation, supervision, spacial tools, f and supplies re(. uired for replcacc;:rnent of parts, repair of parts or correction of abnormalities ho pnid by the Contractor or by his s+,rety under thc: terms of the bond. The Contractor also extends the terms of this guaranlee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year f►orn tine dale of installation thereof. If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to maize, 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 wort: to be paid by the Contractor. In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council, The time for completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the wort: 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 90 calendar days. I8-25 LIQUIDATED DAMAGES Liquidated dcunc.arJ<:, ,fi�..rll f�c ca;,r:;;�,cl cat Ill(:: tal(_; of $400 , , ;r r,cair:ndcar clay until the wort: is Completer, )hould the projr:cf not be c,omI,)Ibtc;d within the contract firne: IB-26 POWER OF ATTORN. Y Allorneys-in--fcac;t who ,irItI 1:id boo)( , of (IontrcacI fx.)ndr) must file v✓ith each bond a certified and e(I'c clively doled rol:;y of thc;�ir power of aflomn y. IB-27 BID PACKET Each bid must be subt-niflcd on Ric, prescribed forms and! contain certain certifications and docurnenfatiori. 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 . . p 1 the bid is being submiiled. If forwarded by mail, the sealed envelope containing the bid must be onclosed in anralher envelope odd(e,,sod cis follows: Purchasing Agent City of Jefferson,.MO 320 E. McCarty Street Jefferson City, MO 65101 For .the convenience of bidding Phis 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 I_aacket include the following: 1 ) BID FORNA 2) BID BOND 3) ANTI-COLLUSION S1'ATEMENI 4) CONTRACTOR'S AFF=IDAVIT ' 5) DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS 6) Ci RTIFICATIOJ REGARDING DISBARME:Nr, ELIGIBILITY, INDICTIMENTS, CONVICTIONS OR CIVIL_ JUDGEMENT 7) CERTIFICATION REGARDING E QUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING END OF INFORMATION FOR BIDDERS . BID FORM tf hit c� • t�ir 1,t ., C��.�,�..•�-rr�- ,�:=.:,j, ;,�: -,-y,� �'< <._�"._ !ic•!r"!rr• , f flrt<t •r ,2l�� -1 ✓ /�C'ot'�c:c..• �J ..� . �J,,.�ci �-, �y . Io. CITY OF JEFFERSON J(Aforsorr City, Missouri 6`)101 THF: UNDF—RSIGNED BIODF-R, having exarnined the plans, specifications, reyulrJIi0n7 of flies confraci, Special Conditions, othc,r proposed contract documents and all addenda .thereto; and being acquainted with and, fully, understanding ta) the extend and character of the.work covered by.this Bid; (b) the.,location; arrangement,' and specified requirements.for. fie proposed wdrk; .(c)' the localion, character, and condition of existing streets, roads; highways, railroads, pavements, surfacing,-walks, driveways, curbs, gutters; tre(3S, .sewers; utilities, drainage courses, slrucfures, and other installations, both surface and urldelground wl-1k. Ii Inny aftr•r:f car ho affc•r led by the propused work, '(d) the ncit0re, acid ccxkc nt of the excovalions to b Unri the. 1yf:�c, c:harocier, and general condition of materials to be excavated; (e) the necessary handling and rr.t)andling of excovaled maleriols; (f) the location and extenl of necessary or probable dewaiering requirements: -(g) 111c• difficulties and hazards to the wort; which might be caused by storm and flood water; (h) local conditions relative to labor, fransportation, hauling, and rail delivery facilities; and (i) all ofher factors and conditions affecting or which may be affected by 1110 work. HEREBY PROPOSED to furnish all required materials, supplies, equipnient, tools, and plant; to f:)erforni all necessary labor and supervision; and to construct, install, erect, and complete all wort: stipulated, required by, and in accordance with the proposed contract docurnenls aril the drawings, specifications, and other docun-renfs 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 defermined by applying to the quantities of file following items, ' the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustrncnls provided in the specifications and tic- understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the wort; 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 daring progress of f he work and that prices bid shall apply to such increased or,decreased quantities as follows: CITY OF.IEFFERSON •I'YEA1IZf,,A) BBD (CORM E,AS11,AND I)R1•VI; SIDEMALK PROJECT NUMBER STP-3100 (509), 1"HASI;-1 The undersiJtncd agrees that the unit J�rir.cs submitted herewith arc Im the purpose or obtaining a gross stipulated suns, and for use in computins; the value of, extras and deductions; that if there is a discrepancy belwecn the gross Stipulated sum hid and drat resultirt}, f om the summmi(,n cif the (Imm(itics multiplied by their respective unit prices, the latter shall al)ply The undersigned decl,+res that he understands that 111- quanlities nrc•rrliuned herein ;u'c approximale.only i and that they arc suhjcc:l to increase or decrcasc, that he will take in flrll payment thereiOr the amount and summation of the actual rluantities, as finally determined nru111 pled by the unit pr ices shown in the schedule of J. . prices. 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 or ally one or more of the items, as provided in the.Speciffications,.lie will perform the work-as, altered, increase or decrease at the contract.6nit•prices.. ' ITEM UNIT NO. DESCRIP'T'ION _ UNI1' QUANTIITY 1110C1.�� AMOUNT 1. REMOVAL OF IMPROVEMENTS LUN411 SUM I S..—_. 2. MOBILIZATION LUMP SUM 1 R x/305- 5, 3. CLEARING AND GRUBBING LUMP SIjM 4. CONSTRUCTION SIGNAGE SQ. I.T 122 S, 195,21 Cl 5. LINEAR GRADING LIN. FT. 3760 �,_ _-_-�_•._`_ $ /4�7 7(o o0 6. SUBGRADE COMPACTION LIN. FT. 3760 7. 4"THICK CONCRETE SIDEWALK SQ. YD 2137 $__ Z�, $ 757, 8. MONOLITHIC TOEWALL LIN. FT' 180 S oa $ 25-20, oG 9. MONOLITHIC CURB LIN. FT. 515 S Sr $ 2 10. THICKENED SIDEWALK LIN. FT. 110 $ $ Z 0(-,- i e • • �M � UNIT'. IC N0; DGSCR.IPTION , UNIT QUANTITY PRICE AMOUNT I I REMOVE AND RL'PLACH' EACf 1 4 5�Cw $_ G"'2- CONCRETE DRIVEWAY APRON INCLUDING CURB &I Gl 1'1 FFR 12 AI)Il1S`1 C'O 'WPI, H ';c� ';'(�.', r.'1 {, —32 IMIVEWAYS 133. 11ANDPWI, I. 2110 111 ` , . I 131 CZ I 31 ( : RETAINING WALL or-it- 15. RELOCATE f:XiS"1'111(; FACll . STREC'I' SIGNACi1i �x 2 1G, RE TRE E LACIf 1 $ . • " ,- - . . 17. ADJUSTING U'C[L[TY C'.ACI i 5 _ STRUCTURES 18. TRIM Thl I S 1iA('I I 0 y 573, 31 B. 19, ROCK EXCAVATION CU. YDS. 200 . MATERIAL . 20. UNSUITABLE- i CU. YDS. 0 EXCAVATION 21. ROCK BACKFILL AT CU. YDS. 0 UNSUITABLE MATERIAL AREAS 22. HANDRAIL MODIFICATION LUMP SUM 1 $ ?OD,__. AT SCHOOL 23. SEEDING, MULCHING AND LUMP SUM 1 $ 2.� chi $ FERTILIZING TOTAL. 13ASEi 1311.) t Affached hereto is a aid Bond for file sum of ✓� _�� r Dollars (cashier's chock), mdko payable to 111-0 City of Jefferson, 1 Signolure r,f fiid(.1 r: If (rn ifidiviriw)), �-- doinrf I,u irT�ss If rr J>rrl rwr ,Jritl•. _.... . _f. rT1f3rTTI)�?r of firm. If-c-�rhtyrH�tc�rr, i���,..-�...,�c. ��-:,,y,�_..._.__._ :%7� by r, Tftfe SEAL Business A dre of Bidder: If Bidder is o c-otpoiation, suJ:,JDIy Ih(1 fnllcw✓ing infOlmolion: Sfafe in which inc-orporaled Name and Address of its: President ■ ' Secretary Dafe l SUBCONTRACTORS If the Bidde=r intends to use any subconlrac:lors in the course; of the construclion, he shall list them. TIME OF COMPLETION Me llrlia( r51CJf IUC.t hc,re:f.,y c1 )tr c ', lr, Ihr.: pfofec,I within 90 c alc ridar days, subject to the stipuicrliom cif thf.� rr!c_IUI0Ii0OS Of thr; C.:ortir'(Jc.1 sand flip Special Provisions. If is understood acid agioe—d if tl)i; L)id i, crr_c.r. hic,:ct, the i,tir:r,s cauoted (JI)Ovc includes all applicable stale; 1c7:xcs and that said iaXeS shall br:' 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 he entered into; and thi; bid is made wiihoui connection with any other person, con-tpany, at pc.jrtics inaking a b1d, and that it is to all respects fait and in good faith, without collusion or fraud.. The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should tie fail or refuse to execute the Con-tracl or furnish• Bond as called for in the specifications within the time provided. If written notice of the acceptance of this bid is mailed, tele ra hed, or p 9 p 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. g The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: ' It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement I thereof. r i� Bhp BOND KNOW AH MF.N E3'r 11 If S1. PRESLHIS, that wc;, Ih(r undersigned, r• as Principal, uncJ _._. . ._.`�._�.``._..- .���": _c-��. %.._(�i 13c �.� 01) Surety., arc; hereby held cin(l firmly hcxn)(l unto 1ho CITY OF JEFFERSON, MISSOURI, as owner, in Ihc; pon(ri surn of for the f)ayiner)l of which, well urul Imly lo hl" ImId"., v:c: plilily +fnd `I.-"I-r(Illy ImA rile r'-xr;r:1,iru',. (,tlrliiril`,IfsI I(Il ,. Ito. 1r,yr,f 7O Ihf• (.r)rl(Iilir; elf Ih,: ,!)c,vt )I,li l 11k)fl I" •,Ilr I. 1hr)I rl,, t, tf, thl I'nrlr.ific.ii hr r, r subrniltc:d try Ihr• ( If'( ( if A f f f f:',t)11, 1:SIS"('-A1PI r.+ c.r;rlciirl L'ICI, clll ir,lltrd holo'lo cold llc rohyfllrlrftr (l i)'Ift It(:fr:r)I tr1 (•fi1,q Iflk) f O)f`tfrl( III"i V:fitlflt), ft,f Illy fllO11?r t f.!f1tIllr;d. "Project No. STl' - 3100 (509), Phase 1, Eastfarid f)rive Sidewalk" NOW, IIIEREFORL, ((_1) If "(lid f;lc l "'II(ill h(", rc:jc: Jcxi, (.)( ill Ill(,:r rlic.r I<,1c.r, (b) If said Bid shall be o.ccopled and the Principal shall execute and deliver a contract in the .Form of Coniraci••attached horeto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for tho payr-nent of all persons performing labor or furnishing materials in connection therewith, stfall in all othot iospecls perform the ogreement c f(xilod by the; riccc:f)1cnu:r of scfid Bid, then this obligation shall bc; void, utherwfsr; lilt; st.)!nr stu.111 rr.:fliciin nl f0)fc1-("- ("Ind effeci; it being expressly understood and agreed that the licrt.)ilily of the Surety for any and all claims hetOLPICk r ',Bail, in no uvcrrll, oxc:i-.'(;-d ill(; 1 uc (1c1l c:r++<ic,nl of thk ohliflc1tion us hefcin stated. The Surely, for value received, hereby stipulates and agrees that iha obligations of ' said Surety anti its bond shall be in no way impaired or affected by the extension of the time within which the Owner, may accept such (aid; acrd said Surcrty does hereby waive notice of any such extension. IN WITNESS WI II"REOF, the Princil:�ul and file Surely have hC`f`unto set their hands and seals, and Sucll of lhefii crs art; corpofcitinns have caused lheif co(porate seals to be hereto affixed and Ilieso presents to be signecf by their proper officers, the day and year first set forth ahow", Principal SEAL . ._...-... -..._. -- --- By: 1 � l r BID 90140 K14bW ALL MEN BY lf-ESE .. PRESENiS, that we:, 1hG undersigned, as Principal, grid TraveIers Cas0aI ty, a_rid__Surety_Comp My_sz leriLc _,,.CIS ;urc ty, err(: frerct:7y h(,''Id Of1d firmly i, mnd unto 9)(, CITY OF Jf TERSON, MISSOURi, m Uwn(:;r, in 1ha {7c Wert s(rnr [,1 Five Percent. of AI110unt (31(1 for I'ie payrnu.•nt of �'�fut;h, w C•'II crilr.J it Uly ICI h(, rr ll,rr.}I.'. Y:f itl;�r '.r. r..,(�irillf tirl(.� ',l.•:'f'r Ulf��• 1.171,�.7 (il Jr',I:IvI'S, r)I;f I,tj, ',. (;x.CCLJt(,r., rrclmini'.,lirrlc:!',• '; c r ;st;r, <;!n l rn,',i<rn'., 1111; 1,91,11 (1'ry r l__Mdreh__.. ...-,20-02--l. . c I�r;rr ili'rl .:hc rvrrs Ifrc . f'r;rr:_i gal hCrs lh(• (:Ur7uJilicin 0 ih(r u,JU•/r'• r),�1u,rJllrlr; i', . r submilied to thc+ CIT'r 0I JEFFF1.11VAli, MIS;"CAJK1 Cr r_c'rfcrrr t',ur, crilrr( irv!.1 hu'fetra urrd hereby rruxlu a parl }l(ea)f fo (:![)let info o (.onIf(rr:; In v:rilr!, ;, 1,)r Ihr: ;)fcgr_:cI r.rilifl(1r1, "!110ject 1-40. 5111, 3100 (LOY), f'husc 1, LCIStrCrrl(1 [)rive.Siclewalt " rdOVJ, THEREFORE., (a) It said Ric.(shali! <' tul(.:'Cted, or in lh(0 al1(! rCriC', 1 (b) If said Rid •shall be acccpied Qnd. Itic I'rinc:ipal shcrli Qy.ccute. and deliver a can(rdci in 'the .form of. Contract citiached hereto (properly compleled in accordance wiih said Bid) and shall furnish 4 bot'ad for his faithful periormanee of said controci, and for the pnynic ni of all persons pei-forrning labor or furnishing maieriols,'in connection, therewith, shall if' all 0:11(­" respects periorm, the aare(.menf crcritecl by Ihu accer_rtnncfe of said Rid, then this obligaflon shall h(` void, 1h(-: so-W11c: shclfl rentou) in torc:c and elfuct: it being expressly understood and agrrcd that the liabilify of the SureiY for any and all claims rrercunCter shall, in nC, e:vc;ni, Crnruunl of lfus <,1Jligcriirin as Irc';rein stated. The Surely, for value received, hcrel)y sfipulaies and ugrcc:s ihal the obligations of s(]id Surety and ifs Mond shall bc' in no way impaired or crffoc-Ied by the e'xicnsfon of the lirne within which 1110 Owner may accf-,pl such (aid; and said Surely does hereby waive. nolice of any such extension. 11,4 WI'rNESS WHEREOF, the Principal and the Surciy have 11 CU11tO sci tl"eir hands and seals, and such of them as arc; corporaiions have• cousc.d lhe)i corporate seals to be hereto affixed and these r>resenis lo b(, signed by thoir pro )c'•r oflicers, thin: day and ye or first sel forth above. Concrete EIl( 1Hoer-rl'.x, LLC ...__ _ ___,(1..5.) Piinci'9l SEAL By ' Trove ers Casualty and Surety Company of Amor i c a ' J . nnette Davis t :orney-i n-Fac t 1 • , State of Missouri County of St. Louis On this 19" ___diy of Mat_c)t _ 2002 before rne, Patricia S. Criser, a Notary Public is and for the said ount.'y of 5t. C.o u is, State of lvJisti or r n, residing thcrr_•rn, duly commissioned and sworn, personall; appeared _ Jeannette Davis kno% n to me to be the Attorney-in-Fact of tht Travelers Casualty and Surety Company of America— the corl5oralion that executed the written instrument. PATRICIA 9,G1111111 Notarf Public•MDtary Ssal STATE OF MISSOURI St Louis County kV Cor>amltslon E�tres:Way<, ' Notary Public in and for t is County of St. Louis, State of Missouri. My Commission Expires 5/04/2002 t TRAVELERS CASUALTY AND SURETY CONWANY O1,AMERICA TRAVELERS CASUAI:rY AND SURE'L'Y COMPANI' FARMINGTON CASUALTY CONWANY ' ffartford, Connecticut 06183-9042 POWER OF Al"i'0I1NEY AND CE11'iJF1CA'1'E; OF AU"11101 TY Of%A7"I'Oi1NYY(S)-iN-FAC:T KNOW ALL PERSONS BY 'i'IIESE PRESENTS, THAT 'TRAVELERS CASUALA'Y AND SURETY CONWANY OF AMERICA, TRAVELERS CAS_UAUI-Y AND SURETY COMPANY and FAI01ING'1'0N CASUALTY COINIPANY, !corporations duly organized under the laws of the State of Connecticut, and h;tvrnl; thc;ir princrpal ol77ccs in Utc City of lfartford, County of Hartford, State of Connecticul, (hereinafter the "Companies") halh made, conslitulcd and appointed, and do by these make, constitute and app(Aiw Gerald J, Lux, Jeannette Davis, Bence Fnikcrts of St. Louisa Missuri, their true and ,prcs�iws lawful Atlorney(s)-in-Fact, with full power and authority licieby conferred to sign, execute nn(] acknowlcdge, at ;In)' place within the United Stales, the following instrument(s). by his/her sole signature and act, an'v and all bonds, recognizanices, contracts of indemnity, and other writings obligatory ill the nature of a bond, recognizance, or conditional undertaking, and any and all consents 'incident thereto and to bill(] the C'ompanics, Ihcrchy as fully and to the s;ttne extent as if the saute were silIncd by the dilly authorized officers of the Companies, and all the acts of said Attorncy(s)-in-Fact, pursuant to the atlhority licrem gi%cn, arc hereby ratified and confirmed. This appointment is made under and by authority of fhc following Standing; Resolutions of said C'onipanics, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President,any Vicc Chairnrm, 'I }?xecutive Vice }'nssident, any Senuir Vice I'icsulent, amy Vice President, an)' Second Vice President, the 'Treasurer, any Assistant Treasurcr, the corporate Secretary or any Assistant Secretary may appoint Attonicys•in-fact and Agents to act for and on behalf of the company anti may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and scat with the Company's seal honds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking; and any of said officers or the Hoard of Dircctors at any time inay remove any such appointee and revoke the power given him or her. VOTED: 'llurt the Chairman, the President, any Vice Charnuui, any I?xccutive Vice President, any Senior Vice Iresident or any Vice President %unkertakin,ay delegate all or any prat of the foregoing authority to one or more otliceis or employees of this Compauly, piuvided that each such delegation is ing and a copy lhercof'rs filed in the oflice of the Secretary D: That any bond, recognr!ance, contract of indelluuity, or wrttitng obITAoty In the nature of' a bond, iccognizance, or conditional shall be valid and binding upon lire Cotupany when(a)signed by tic President,any Vice Chairman,any IAccutive Vice Presidcttt,any Senior Vice President or any Vice. President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or bay one or more Company officers pursuant to a written delegation of authority. (This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing; Resolution voted by the Boards of Directors of'I'I1AVFLE:11S CAS UAI TY AN 1) SURETY COMPANY OF AMERICA, TRAVELERS CASUAL'L'Y AND SUREA'Y COMI'AN i' and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VO'f1, 'That the signature of each of the following officers: President, ally ExecmUVe Vice }'resident, any Senior Vice President, any Vice 'President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company Inay he al'lixed by facsimile io any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries fir•Attorneys-in-l�act (or purposes only of executing and attesting boners and undertakings and other«rilint;s cibligatory m the nature thereof, and any such power of attorney 'or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fiacsimile seal shall he valid and hindinl; upon the Comipany in the liaure with respect to any bond or undertaking to which it is attache(l. 0 III 1.00 standard) IN WI'T'NESS WHEREOF, TRAVELER'S CASUALTY AND SURETY COMPANY OF A11E:RICA, TRAVELERS CASUAL'T'Y AND SURETY CONIPANY acid FARAIINGTON (:ASUALTY ('011i1ANY have caused this instrument to be signed by their Senior-Vice Pi-esidem anti thou corporole seals to be hereto affixed this 29th day of January 2002, STAIT OI C()NNE'CTlCl1T TRAVI'.I,E;RS CASUALTY AND SU14EI •Y CO11 PAN Y Oi AMERICA TRAVELERS CASUALTY ANi) S1)RE-I'Y C0AII ANY }SS. Ilrirtfrnd I AHNIINGTON CASUAi:i'Y COMPANY COUNTY OP 11A10'I'PORD r�d itAF1TFORD,) 5¢ :WiiFOtib. t5 a 1 9 8 2S' i CONN s.L George W. Thorttl).,on Senior Vice President F.mnN Ott this 29th day of Jamully. 2002 bVioic file personally c,m!i G,FORGV 11'. TII0,N]PSON, iii file knomn, whit, bcuig by file duly sworn, did depose rind say. that he/Nile is Senior Vice President of TRAV,;1.iA(S CASUALTY AND SURETY COMPANY OF AMERICA, 'TRAVELERS ('ASUALTY AND 51110,:7'1' ('01111ANY and FAIWINGTON CASUALTY COMPANY, the corporations dcsclibed In and which C'Necuml (lie ahovc nislruilicnl. that he/shc know, lite sc,ds of said cc:rporatlons, that (he seals affixed lo the said rnstrutncnl an., such corporal(: seals, and that he/slit cxccutcd tlic s;tili uisUuriicnt on beliall of the C0 by aulhorily of his/her office ulider the Standing Rewhitiolls(Imcol p.7ET Lk MY commi::sion expires Jur,, 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretai-y of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FAR111NGTON CASUAi.,TY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains rn full force and has not been revokcd, and furthernlnrc, that the Standing Itesolmions of the Boards of Directors, as set forth in the Certificate of Authority, arc now in force Signqd and Sealed at the Home Office of the Company, in the City of l laitfbid, State of Connecticut. Dated this day of 20 DZ- 0 p0 SLLi(� J�IY Y Ar�S G►.S U,�C ._l`` G i 1 rt: a HAIiiFORU, < 1 9 Q 2� n By _.. '--- ✓'.__._...._ -- -- -- IiARrFORQ t i COnti, { corn{,.�� {nro y, b Kori M. Johanson sir ����� df �a y • Assistant Secretary, Bond 'l'RAVE1XRS C'ASUAI,TY AND S0141?'I'Y ('(.11lf'AN1' OF ANIEHI('r\ TIZAVEIYUS CASUALTY AND SURE TN' C:OI\tl'r\N1' FARNIINGTON CASUALTY COMPANI' flartrord, Connecticut 06183.9062 POWER OF AT 1'ORNLY AND (7FRTIFiCATE, OF AUT11010'11' OF r1'("1'OIZNH:Y{S)-1N-hAC"i' KNOW ALL PERSONS B1' THESE PRF,SEN'i'S, 'HIA'1' TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUAI,'1'Y AND SURETY COMPANY mid FARMiNGTON ('ASUALTN' COMPANY, corporations dilly organized under the laws of file Slate of Connecticul, and havrn); their principal offices to the City of Hartford, County of Hartford, State of Connecticut, (hcreutafler the "(:ontpanies") hath Made, constituted and appoittied, and do by these presents make, constitute and appoint: Gel-ald J. L,ux, 'ji—linette INvis, Renee Folicei-ts, of tit. Louis, Missouri, their true and lawful Altorncy(s)-in-Fact, with full power and authority hereby confcncd to shin, c\cctitc and ackrtowledl,,C, at an) pLrce withrtr the United States, the following instrunient(s): by his/her sold: signature alld ac.f, ally and all bonds, reco);nvauccs, contracts of indemnity, and other writings obligatory in the nature of a bond, recd);nhrrncC, or conditional undeitaking and ,ray and all consents incident thereto :md to bind the Companies, thereby as fully and to the same extenl as it'the Stine were sIglled by the dilly authorized officers of'tile Companies, and all the acts of said 'Allorncy(s)-rn Ilieu. pursuant to file autlunrlu helem I;iuen, arc hcrcb), ratified and confirmed. (This appointment is made, under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in 1`011 force and effect: VOTT D: That the Chairman, the President, any Vice Chain.-an,any FXecttive Vice Picsulertt, any Scntor Vice i'residettt, any Vice President, any ,Second Vice President, the'I'reasurer, any Assistant Treasurer, the Corporate Secretary orally As:,istanr Secictary may appoint Attorneys-in-fact and Agents to act for and on behalf of the company and may give such appointee such authority as Ills or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seat bonds, recognizaticcs,artluacts of indcmmity, anti other writings obligatory in 'the nature of a bond, recognizance, or conditional undertaking, and any of said officer:;or the Hoard of Diiectors at any tittle nuty remove any such appointee and revoke the power given him or her. VOTED: 'That the Chairman, (lie President, arty Vice Chairman, any Exectitive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoin"authority to one or more officers or employees of ins Company, plovided that each such delegation is iting and a copy thereof is filed in the office of the Secretary WD: That any bond, recognizance, contract of indcnutity, or vvririllg oblitzalory in the nature of a be.rd, recogniruice, or conditional undertaking shall be valid and binding upon the Company wtfien(a)signed by the!'resident, any Vice Chairman,any[executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the 1'reasurer, any /\ssistant 1'reasun r, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary, or(b)(filly executed(tinder seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealc(1 by facsimile (nuech:uuicai 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, TIZA'.VELERS CASUALTY AND SURF,TY COiiPANY and FARIIINGTON CASUALTY COMPANY, which Resolution is now in furl force in(] effect: VOTED: That the signature of each of the following officers President, any I?xecutive Vice President, any Senior Vice Pr"ident, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal or the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing lZesident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-l"act for purposes only of executing and attesting bonds and undertakings and other wi icings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and tacsimilo seal shall he valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (l 1.00 standard) /1NT1-COLLUSION rSTATf MENT SIAN- Of duly ',Wom, 1,.l ,+ ,,+ , (it 'r i trry, Ili�rl fn i• C�( !I(I f r?I I'1 I�'.,�:)f•! >(c-,l�dtt�dC, that crll sfctt� nir nl> nic7r(r curl fm:k y'!f caul in f1w. hicl fcir 1far. Ghove project are 1ru�. , rn�i , :+�rrrc ►; tanti Ih�rf ih+ I +i+ l+ l, .r (th, . )+(11"c}n, firm, wo")(Jalion, of corporcrholl n "Ihn(t s,:_ricl bid) htr', n,.,l, +. rilic r c10 -01y ()r iru.airc.,.:ily, c,�nlerod into any aclroemont, perr1ic:il7cjfed in ctny c:,�llusir�n, of o1hc--,rwisc fc: kell any action in restrcrir►I caf frc�<� t.�:,rril.�r.+tilivr I,}ii.l, Gn�r irr r ,;rtr;r��'ti+.�n ti'�+illa '�ui:fr. I�i+ ! r,! clriy c:c�nirar_1 ; which result ftom ik crc:,c.:c�!-�I,'r►rt_:i�, Affianl furlhr�)r cc difies Mat bi(Jdu'► is not finullcially ill, car finartcially affiliated with, ony ofhc,r hfdd('..r fear Ihf crlrc'wr: t:(oje-cf. �.4 Sworn 1c) bnforc, rrar r,� r this � � -�lc r,! � ' IY�,j�,l',•f1. ,:��1;)k�.'�. i ���������` AUfAfn�p�4� t It tAf:Y f�lJ(�I,IC: �,; ,�k, .Ci \�� � 4 My co fill mfsslot-e9pire Ns 11111U� L�� '• CONTRACTOR'S ACTOR�S I DAV IT This affidavit is hereby made a part c7f Hie Bid, c: id on c�r,ecul�:`cJ r;c7f_)y lhereol" shall accompany each (aid submilled. SI nT E O COUNI Y O!' ._... .._.�.��C .._.._._ ._........ . ) The undersigned, - _— _ ----- f....___4..._.,_.......... _.. .. ... _, of lawful age, being first duly sworn slurs upon oath that hc. is of the contractor submitting the attached bid, lhal he knows of his own knowledge and states it to be a fact that neither said bid nor Me covnpulation upon which'it is based it any ar��ouni of ►rror7ic.r, �r:lirru►Ic gar rrllowr.rnc_r:' ret�rc�scanling wages, moneys or expenses, lr(:)wc!vr,( Ic) hc,- poid 1a persons who. are not required to furnish matc-Aiul trc...'loaliy I.x:�rforn•r sc`rvices upon or as a part of the proposc;cl AFF-IAN'l Subscribed and sworn to before me, a NMT,ry Purl in and for the C;ounly and Q h da of_` �____.L_._.__._ _, ?g State aforesaid, this � y _ . _ __ _ A IIIAIIlpp4 . ©--"P NOTA[O f�U IC: ., o • My Commission Expires: (P �„� .� I Disadvantaged Business i"nterprise Contract Pruvisions (fart A) Policy It is the policy of the Us. Dcpallnl!:nt of IlansllmI'lHon and (fie fvlc,,uurt Ihlrartrnenl of l ranspotlatlon r and the Uwncr th;tl husincsr,rs u:vncd by !.m i;rlly ;1ml " ononucall; cir,adv;uuaf std individuals(1)131:'x) tc; defined ill '19 ('I•I( Pall :? 3 have Ill(. IWO.lunu„ Opl),ulu110), In Ir;rrli, 111,01" ur Ihr pl.-Omnmlu c ofcorltru: '. " financed ill whole or in part with I cdcrrl hind" ('on",ciiw:nlly, (lc r , luur'lrn nlr, of '11) (AT I';ut ?"t, and Section IUG(c) ol'thc Smfsrcc Tlanspoltatlon and I lnrklrnr Itclocelmn Act of apply In 11w, contract Ohliga(ion of the Coll(ractor• to DBE's 'I'lic'cOrltractor,agrees to insure that D13I°s have(lie maximum OlppO111.11lity to participate ill the perfonnallce Ol'tliS COrltraCt and any-subcontract financed in whole of in part witll I�Cdclal funds, In this regard the contractor shall take all necessary and reasonable steps to insure that DBF."s have the nulxinulm oppoautiity to eornpctc for and perform contracts. ']plc contractor shall not discriminate on the basis of race,color,age, nationahorigin,oe sex in(lie perforrn,rucc of this conUacl or in the award of tiny subsequent subcontract. '•. 13,1111(ing Services flit, contractor is cncouraged to use the :,(vice, of kml.s owned amA cowlollcd by socially and. cconorllically clisadvarttagcd individuals. Geoln-aphic Arca for Solicitation of D111?'s The contractor shall seek DBE's 1I1 tale same geographic arca in which the solicitation for subcontracts and materials is made. if the contractor cannot meet the goals using D1.U. s from this geogr,yphic area, the conll-actor shall as a part ot'the effort to elect the goal,expand (he search to a reasonably widel•geograpflie area. Defei'minadon of PaNicipatiorr Towar-d Alecting the DBE Goal 0131: participation shall be counted tomild mce(ing the goal as follows: a. Once a firm is determined to he an eligible 1)131,,the total dollar value of the contract or subcon(l'act awarded to (he D131s is COt11ltCd toward the goal. e b. The contractor may count toward the DBI: goal a portion of tilt total dollar value of a subcurltract with a joint venture eligible under(lie DBF1 standards coual to the percentage of the o•wncrsl)ill and controls of ttic I)m parUlcr in the joint venume. ' C. "Ille contractor nlay court( toward the D13C goal,expenditures to DI3F.'s who perform a `+ eon tile rcially useful function in (lie contract. A DISC is considered to perform a commercially Useful Jfunction when responsible for-execution of a distinct eicnlcllt of(lie work of a contract and the carrying out of(he responsibilities by actually perl'orming, managing, and supervising the wort:involved. 1 d. 111c contractor may count towrlyd (he DBE.' goals GO percent of its expenditures for olalerials and suplilics required under ii contract and obtained farm a DL'l-: rehular dealer, and 100 percent of such expenditulcs to a D131: nlanufacturc.r. I) A r'epulai dealer Is it firm that owns, operate.;, of mallltallls a stole, willehouse, of other e:fahli;hmenl in which file nlalerials of supplieS required for Ills• pcf folillanee of the coll(rad ale bought, kept In slock, and Ic(,ulrlrly Sold to file puhhc In the usual e ourse of hllslnoss 'I o ho a legilliu dcalcl, the fills nnl';l cnf,apc. 111, a:, Its Imlicilrlc hu,ulc,;, and III If:, lw n none• the (unrba , and :;.Ile: of prer<lurl > In que".11 n (l) A regular dealer nl such hulk dente; a:, slccl, (chest, 111MVCl, SION •, Mill (rctrolcurrl ploduclr, nccd not keep :;uch products in :;lock, if it m opciafcs dislflbuUon equipmenf. Mokcrs and .. patting, s11a11 not he rc(,acd,:d a:; nl;ululacfufccs uc cryular hu>Incs, dr.d It. wflllin the nu-anr111, of till:; section (i.e., a truck hauler is if reptilar dealer when file film own:;, operates, and nlaintMlns or Icases, oiler t.es, and„maintains the distribution equipment for the delivery of the above products to the pubfic in t11e usual course of business. 'Ad hoc performance fro one contractor or select f;roup of contractors does not qualify as a regular dealer.) (.3)• A nlanllfactOrer is a firm that operates or iminlains a factory or establishment that prodticcs bn the,prcmises the material,or suplilics obtained by the corttnictor(i.e., a supplier who prodgccs.: . goods.from raw materials or snbstantially alters than before resale). C. A contractor slay count toward the U131i goals the following expenditures to 1)131: firms that are nol regular dealers or nlanufactmets: (I)• The lccs charged lire delivery of nuftrr I'll!,and rcfppk:; required on a joh .title;(6111 not the cost of the materials and supplies themselves) when tilt, hauler, or (nicker is not also the manufacturer of or a regular dealer in the materials and supplies, provided (hat the fee is determined by (ht, Missouri Department of'1'ransportation to be reasonahle.as conlpaled with fees cus(onlar•ily allowed for- similar services. ! CCoals for(he Amount of Wort to be Awarded to DBE's. { The following goal leas been established for this contract. "Illc dollar value of work, supplies, and services will be based on the amount anticipated to be paid to D131-l's. for firms owned and controlled by socially � 1 — and economically disadvantaged individuals(U13E's) file foal for tllc amount of work to be awarded is '"% of the total contract price. ' *See Notice to Bidders for percentage. Failure to meet the contract goal or to furnish ciocunlcntatiml acccli(ablc to the Owner of efforts to nleel. this oal ma be caused for rejection of the bid. ' Replacement of DBE Suhconirac(ors 1`he contractor shall make good faith efforts to replace a DBE subcontractor who is unable to perform satisfactorily with another DBE subcontractor. Replacement flrYns r1ILIS( be approved by the: Owner. 1 .1 • 1 • ;.r`,.•�r .,,v vJ,:.v.•,� .•.rr.-•Mt�o r�+r•,.,. .+.w,....,.,. .t+eK� �y`JYv�glh�lb.yW�e�„aRt •+�Iut,Rt'." u,'•'•41M�.t�t�.t� •;+►'+v,•^�N:�v����rYM>M I�,•,�,�',�'4l.GAtYfhflKq�.ad*u,��' A '. . .. ,..°, .. v:p. • ,. ,,.:x.fr• • ., .,*.•' . �.��•r�.,:.a,�r', .�:y ,. •l.,.r.. ,. .,cr , .. „«�.�..{�.ra.�ttA`;�!`sr.,�'ih'!� ^t�•.r�...x�::,. . .. u^• .. .•Vi!'.p.,)"der, :..��..�. .. : .:„� ,,..:l.�n., ,f: •�' Ot if.t'!./4)li .i . .i r.,.:.�M.Y�:1Z�f••1`.f�t�i''^ •ti�J , 'Contract Coil ^„',•' s',. 1)ocunlenlation,i)f Good with Efforts to \At ct file Ciood fault efforts (Q rT1CCt the D131 goal nlay include such items as,but not limited to,tlic following: (1) ,Attended a pre bid "meting, if"Illy, :chedulcd by tit'- Owner to Illforill DBE,'s of colill3ctillp, and subconti"1Cting opportunities; , (2) ildvcrti:,cd in t;cnelal cilculaflol ttadc a:,sn�ialion and sr,cially and cr�ulr>ntica{{y di:;;u{v;utt;ll;cd business,directed ntedia.,concerning Ills subcontractillp oph01 tu111tics; (3) I'lovided wriUcn.tioticc to a re;). sable mnnber of specific DR*1:'s (hat their interest ill the contract is sidicited, in sulficirnt tints to allow thc.DIA"'s lc p"trticipatc c(fcctivcl); (4) Followed-up iii initial solicitntiolis of interest by coaticting D131:,'s l0'dClCrt111I1C Wllh CCI�.11Illy ' whether the DBE's were interested, (5) . Selected portions of the Work Ao be.perfoTied by DBE's in order to increase Qlc likelihood of. . meeting Ills DI3E goal(including,wlicic tlppropriatc,bnealang doWit coat, cts into cconot>lically feasible. units to facilitate DBE participation);, G.) Provide irilcrestcd Di3G's adequate information.about plans, specificatiQlls, and requiremcnts'of"he colltrac(. (7) Negotiated in good faith with interested DBE's, not rejectitt}y, D13G's as unqualiGcd witlluut sound' teasons based oil a thorough investigation o('their capabilities; (8) Made ci'fot-ts to assist ltltcresied DBE's obtaining, 1)oildlltl„ lines of credit or insurance required by the Owner or by the bidder; and (9) Made effective use of the services of available disadvantaged business organil�ltions, minority, contractors'groilps; local; state, and Federal disadvantaged business assistance offices; and oQlcr . Orgailllatiolls that provide assistance In the reeruitntent and placement of DBE's. r• the undersigned certifies that file following steps have been taken to obtain D131, participation: I. /)C�w sell`— 2. ���'''t_ C<•111 3. 5 t 6, ' 7. 8. i - ' . !. . • IMF' dAl, 4" 1 .. .1'.r. 1• •I,i �••1Nf,'r�j.►u�I,rJltfl 'W�I��fl?pfrAy»�490,'�,{a�,,4y ±„ y�yz, ,1,4._d ^:l1 r►•j+lt�ou•..i a.l. r,M. •AraA. .�.. .„r•,.. ••A'•ba• •v. h'>,y. .•�•...y,03�twn,rll}�►j.Y•. • ,Speriafity Itcrrt - • Subcontract work awrdcd to 113E subcontractors not to exceed the amount specified in flit proposal or the amount designated in the contract by the contractor whichever Is less and not to exceed a total of 20% of the contract will be considered speciality items under flits provisions of Sec. 109,1.1. Wrifiactinn of 1)I31•; Partiripalion Prior to telease of tctained percel)(a)"c, the Conlractot !,11;111 Iile It list wilh the OAs•nc i showing, the I)fil:'s used and the work performed. 'I he list shall show the actual dollar antourtt paid to each DH that is ,lpplicahle to the perccntage particiapation cstahlisltid in the contract. Faihtre on the hart of tile. contractor to acheive the D131s participation specified in the corlttacl may result iti salictlon;; hcin);'inTposce.i on file Owtter for noncompliance with Section 4e.) CFR, fart ?.:3, and Section 106(c) of the Surface Transportation '1 •. and-Unifonn Relocation•Ass istatice.Act of 1187. If the total DBE partic.ipation'is less titan the contract . goal stated by the'dwrie'r;'tlic Owner'may sustain.damagcs;tale exact cztcnt oCwhich would be difliclurol impossible to �tSccrtain rind thcrcforc in order to liquidate such damages, the rnopctnry.diffrrcnce bctwccn aid amourit•of the goal stated by(lie Owncr itnd the amount actually paid to the'Di3J31s for pe0ornting a comercially useful•function will be deducted form the contrar'tor's'payincnts its liquidated damages: If the • .. +cort(ract is awardedeith less.tlialt•th6 contract gaol stated by We 0%ti,ncr;that amount shall become the contract gaol and sball be used to.determine liquidatdd,damages.'Nd,such.deductiori will be made wlicn,_for ' reasons beyond control of the•ocntfactor, the stated DBE particiaptioti is not met. BIDDING PROC EIDUIZE 'file bidder shall complete the information required tlncict fare A and suhnlil with the hid proposal. I ailcire to submit file coirttileted Part A with the bidbrop-osal may he cause for reiection'ofthe bid. Part 13.sltall be ' completed arid submitted with tllc 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 13 showing DBE participation of not -less, than that ' specified by the bidder in Part•A by 5:00 pan. on (lie third working day..aller (lie letting wi•11 be cause for rejection of the low bid and the proposed gtiaratty will become the property of the Owner. Tlld proposal guaranty of the second low bidder will be rctaiued under the same conditions until the Owner has determined that the award will not be made to the second low biddet. If Part 13 is not submitted with the bid, it shall he delivered directly to the Foginecr at the following address: (Insert Address here) IJ�M�1 .'•M�h1ht'it�I`M�:�':'Jdit'.'1�pa�,.r q1►n!°PA`"j•1.'t���a..{Jyy;�ci�.7 r►�Jri.'M'��'r�r•'• �1y�1f�� 1i�' �f.'tW ti ,t.t,•. ., 4 ..-StS�i,f„•. ,,Nk1�k,ip11 ', :.+in�utRllr.t` ,rt�F•%Y7p,•. ��'Mtcl�lMlp1•'•iM'4ix�Nt{iP�..t,�.•. M�iM:.t+ttw,�uu .,a,�.��_.n�giy..'wI.N r3M,s...u..Yar.x•'..•.ti` ,.4t►"Y�r,v!''.r.>t+wa�,..ri1. : �'7A��r�•. :L,�yYW.';Y`!'�'f�U•�M'/G411�,h�f�4�i...�«if�..•t'.•ti .�9��:A����...•ry+'J'fA:� .. ...,..rt•..h.�i.l,.... ..�:r¢J�M1�J1'u:W.•. •.�,w... .. ... ���, .trf.�„ •..,.1«i.1•ryif�}.. -.4 i•1J:k,r•`yv.rlJi:i�W., `f4t:. :?'�;+f ;►�7hi�1 .•:�.p. 1.� t• wsl�, :r t , �•t. '�/�,n t• ..M:...e•�J�n� ��r.. •�L._ ►'Ait'1'1C!►'A'►`lo1V t31''U1315',S'(n1uS'1' COM['t..ETI ANU i'U►3n11'1' 1Y1'rl► ►'(tQl'OSAI:) bidd6 ogrccs'to utilize D13E's as:f611ows, D131s PARTICIPATION (r ,2c./X�'�.. i' /•r '!!c r J�'1ly `�+1.L (t..O11 pally) by 1 0 e. _.._..__...-..._. ..... _._._......_ ('Title) j ' I •�. . .. I+• •':4AJfMI. �it• ti, , � ••. ,,�.. •tt:1 r>tl•; '/ ..t,yc •. e'•. •j' :!�• ( /. rl,••{!k°.' ..+ ,i r�yL'7�'VC t�x= . MSADVAN I'ACI?I) BUSINh;SS h:rN ITAWRISK ('ON•I'1tAC'I' PRC)VISIONS (PART 19 IDENTIFICATIONS ON i'ARTIC'll'ATING I) E'S nw. undersigned Submits the Iollowi1111, list cif•Mil.:':; to hr: lined ill aucornphshing this work of this contract. Hic work supplies o1 service, aplrlicahIc vapor and (wicr•r11 0!'111!,11 r I,nliatI c;ICh IMI: is to perfoln. furnish is as (b)lows: Contractor Description S %'alur of Dollar Va1111.! Alnuunt or Supplier ,of work, Work, Applicable Applicable '% of (Name and Supplies or Supplies 01 to 1)131•: to I)13F Total Address) Scrrvicc;:_._.. Sr.,�viccs_. Goal � 00:11 _ dolt,ct 1 ,5! V C� /'/.�+,r. ,'a.�,�r ���n fir 'if icy//l) ` '/0 2. :9/ 3. . dllp--7 *�. .4t�c� wry;,' s. G. 7. 9. 8. 10. '1'OTA.L DBE PARTICIPATION _ 7 r (Company) -.. ___.___.._... ...__.._ Date: 3— — O '� 1y (Signature) (Title) pLPARTMENTOF COMMUNITY DEVELOPMENT 1 G.•. tl�N a�+asiA f�OVx�N!ffi iNtM�A�r''hM./ytu•.+wMnh►�i`4�.W�1��1►+"A6�j4'��bd+'�y�HdhlAjAaNir+1W!t4!Vp: '�t(�. grtf�1( HJ�+,,,y 1N•.Jpy°'y� t A+.'k� I. mold cis N!� (TRTIFIC ATI(W ItHOAR1)ING DISBARMFNT, Fl IGIBILITY, IN1)IC•I'MI:NTS, C'UNVIC•1'1ONS ()It CIVIL JUDGMENTS The president ol' authorize(] official or bldde'l, ullcicr penally :lnclel the laws of, the United States, certifies that, except as .11otc(l b(;low, the company or any person associate(] therewith In the ' capacity of owner, partner, director, officer, principal investipatol, Im oct directol, rtlittliMIC1, auditor of ally position involving: the administration of federal. funds: !' is not currently tindcr'.suspension, debarment, voluntary.exclusion; or determination of incliibility by any federal agency; • has,•nol bccn'•suspcndcd, debarred,. voluntarily excluded oI determined ineligible by ally Xederal•agency•wid"the past 3•.years; docs.not have a proposcd.debapilent pending; and• has not hcen indicted, convicted, car 11,1(1 a civil ju(1};nicrlt rendered :if;ainst (it) by a cqurt of competent jurisdiction in any nuuuler involving, fi-:iud or o1lic:i,11 nlisconcluct within the past 3 years. . (Insert 1;xCeptions, if any) r� Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. Por 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 sllall also constitute an endorsement and execution of this i certification, �/'QMI1tk+.1 �•?K•,11AI�i�';q,^lY, •ut'4f. ,.iMjyey46• :&°. .F,p..,,, .rr�.' •�R,+,-t,,•. .. •.'ti � ..•C �yy ,yam,yy• �y� y�y�yp.� ���� .r�,y Wow, 11111-11 Mooft .1 rS•M••F1A 'l.`17!!+��r"_'�1.^�� �!^,T>.'jIM' ':"yR','` ;,^t ti1410t '^�. d4rrt llmYr1M1M1• CERi'IriCA'C[ON'RI:GARDING IIQUAL.011PORTUNITY AND AFFIRMATIVE-AC HON IN SU13C:ONTRA(~PING (1) Certification with regard•to Performance of Previous Conlracls or Subcori(racts subject Co Oje Equal Opportunity Clause and the filing of Itequirkxl keport:;. I The bidder proposed subcontractor ?tetchy certifies that he has has not pairtril1citcd ut ;t liftwt-mr. Comm( I or sirb.urtt►;ict srib)ect to the equal opportunily clause, as required by 1'xcctruve l)rtlers 1O9)1;, 1 1 1 H. or 112,16, and that he has .. ._ has not _ filed with (It(,. 1oht1 Iteportinl; CCommitice, the Direclor of the Office of federal Contract Compliance,a R'edcral Government confiacling or administering agency or(lie former President's Conunitlee on I:cptal Oppor till i(y, all reports clue under the applicable filing; requirements Note: This ccriificalion is required by the Equal 1;mployme,nt Oppoittr►tity Regula(ions of the Secretary of Labor(41 CFR-604.7 (13)(1); an¢ niust be subrilitted by bidders and proposed subcontractors. only in'connectiomwith contracts and subcontracts which are subject to lhe.equal opportunily clause, . Contracts and subc n rac 5 vhi 1 r h :I it} lorlunil clause; re set forth in 41 60-o t t. cl are,exempt front t c equ t I g y t CI R 1.5 (Generally only contracts or subcontracts of$10,000 or mider are exempt.), • Cprrently,Standard Form'100(?:130.4)is.the only report required by file 4xecutive Orders of their• ' implementing regulations. Proposed'pritne contractors and subcontractors who have patticipated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CM1 60-1.7 (13) (1) preveills the award of Contract and subcontracts Unless such contractorsubmits a report. covering the delinquent period or MiCh period specified by the Fcdetal I lighway Administration or by the Director, Office of federal Contract Compliance, US I)ep,ulmen( of Labor. (1) CCr•liflUti011-With regard to intent to subcontract'a portion of the wort. and aflirntalive action to consider minority business enterprises as potential subcontaactors. The bidder hereby certifies ilia(: tic does not intent to subcontract a portion of tlic work. =lie does intend to subcontract a portion of(lie work. (Bidder to check appropriate box.) ' If in the affirmative, the bidder certifies that Ile has made contact wi0i potential minority business enterprise subcon(ractors to affirmatively solicit their interest, capability,and prices on life items he intends to subcontract, and shall document the results of such Conlracls. ' NOTE: A bidder's failure to submit this certification or submission of a false certificalion shall render his bid nonresponsive. B. If the Contractor requests permission to submit wort:, and has not done so during; (lie bidding; stage, he shall lake (he affirmative actions required of bidders in Paragraph A. No subletting,will be approved unless (Ile Contractor den►onstra(cs that he has taken such affirmative action. ' I C. The Contractor shall designate a liaison officer who will administer the Contractor's minority business enterprise program. The name, address,and telephone number of the designated officer shall be furnished the engineer in %%Ti(ing;upon request. 1 • ' .I .. .. ... ...��br ..o„y.r,.lhly. .. .i.:%N` .♦nr(/.ii�gA(1f��lY tcAJ}'r.' .r !�Ylr'�l.«(! ,,f,v r �'A�'rYr!'1M1tl►tp�, Y�. (/• „4, ti, ,'l • ' �• .. , r j � .,.,,tti-�" ' :..j;•'rlf:y►'" t't .1 .I ON• , ' r`000wNOTE=1 nie ic4diremcnts ccintaincd hcrcin"arc in'a000rdancc witii tl�c Fcdcrat k ighway�Administratiorit Pcdcral,Atid•lligliway•Prograui Matival (Trinsliiiltal 164,Novcmbcr 3, 1975) Volumc G,Chapicr A,Scction , 1 SuUgcction•8 Para'ra h M(2)(3).and 4 iA ' _ (CQnl�flny) Icy ...= ,,, •.'.�----'..._ .__, . ... >. •�,J.t� f'tt;.ltnQjt�,jl.'.. +. :.y7 t•t' lLi4'l�f.'N'�,�' ,xj( �}11Q,pa.""a Via•»1tiF•a,r;i'! f'J:�l,''+A4.iV,,' r +r.H.S"lY�� IiL Page i of 2 ADDENDUM NO. 1 ISTEA PROJECT NO. STP-3100(509) EASTLAND DRIVE SIDEWALKS MARCH 12, 2002 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 :act-;�� BY: TITLE: CITY OF JEFFERSON, MISSOURI PATRICK E. SULLIVAN DIRECTOR OF COMMUNITY DEVELOPMENT MARTIN A. BROSE ' DIRECTOR OF TRANSPORTATION C££Y OF JEFFERSON PROPOSED PI IASE I EASI•LAND DRIVE SIDEWALK IS'1'-A PROJECT NO STP-3100(509) MECO PROJECT NO. •104-015 MARCI f 12,2002 AI)I)1.Nf)f IM NO. I ' TO, Prospective Bidders and 0(liers Concerned The original plans, specifications and contract documents remain in full force and effect except as revised b}, the following changes, which take precedence over anv wording to the contrary in the contracl documents, This addendum shall be attached to the bidder's proposal and contact documents and acknowledged on the propos:d as having Ixmi received. Item #1 Plans. Add Note to plan sheets number 2 and 3. 10. All curb and butter work associated%villt handical)curb cut loattions shall be termed incidental to the project. i of MIS END OF ADDENDUM NO. 1 �' �����• SCOTT E. VOGLER _----- �c7� N U Al H E R • / Scott E. Vogler P.E. 1t -22510 F�,' . E-2?510 ADDENDUM NO. 1 RECEIVED AND ACCEPTED BY/111��0110"t o•�` Signature Date r AFFIDAVIT COMPLIANCE WITH PREVAILING ' WAGE LAW Before me, the undersigned Notary Public, in and for the County of ---'state, of _ , personally carne and appeared of the NAME POSITION 1 NAMF OF COMPANY (A corporation) ( a partnership) (a proprietorship) and after being duly sworn did depose arid 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. 8, Section 026, Cole County issued by the Division of Labor Standards of Missouri on March 9, 2001 and last modified in July 2001, in carrying out the contract and work in connection with Project No. STP - 3100 (509), Phase 1, Eastland Drive Sidewalk located at Jefferson City in Cole County, Missouri, and completed on the day of 20` SIGNATURE ' Subscribed and sworn to me this day of , 20 NOTARY PUBLIC My commission expires: rSTATE OF MISSOURI j )ss COUNTY OF ) r AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the undersigned, , of lawful age, first being duly sworn, state to tide best of my information and belief as follows: f 1. That I arri employed as � , by 2. That was awarded a public works contract for Project No. STP - 3100 (509), Phase 1, Eastland Drive Sidewalk. 3. That I have read and am familiar with Section 290.290 RSMo (1993 Supp.) 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 (1993 Supp.) FURTHER AFFIANT SAYETH NAUGHT. �y AFFIANT Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC ' My Commission Expires: STATE OF MISSOURI ) )ss COUNTY OF ) ' CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this �� day of 2002, by and between Concrete Engineering, L.L.C., hereinafter referro to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. STP - 3100 (509), Phase 1 Eastland Drive Sidewalk NOW THEREFORE, the parties to this contract agree to the following- 1. Manner and time for Carnpletion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to performsaid work at Contractor's own expense in accordance with the contract ' documents and any applicable City ordinances and state and federal laws, within ninety (90) calendar 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. 2. 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. 8, Section 026, Cole County as issued on March 9, 2001 and last modified in January, 2002 in which the rate of wages is set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and ' occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under ' the terms of this contract. A copy of the record shall be delivered to the Director of Community Development each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 3. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: Page 1 of 5 ' (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. (b) Contractor's Public Liability _ Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile,.___Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City 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 $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. 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_lnsurance and Special Hazard. The insurance required under Sub-paragraphs (bi) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims ' which may arise frorn operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. ' 4. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, ' as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts Page 2 or 6 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. 5. Liquidated Damages. The City may deduct $400 from any amount otherwise due under this contract for every calendar 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. 6. 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. 7. City's Right to_Proceed_ In the event this contract is terminated pursuant to Paragraph 6, 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. 8. Indemnity. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the City, its elected and appointed officials, employees, and agents, from and against all claims, damages, and expenses, including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such clairn, damage, loss or expense attributable to bodily injury, sickness, disease or death or to injury to or ' destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for those acts any of them may be liable, 1 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 Pigo 3 of 5 ' otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any patty or person described in this Paragraph. 9. 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. 10. 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, 11. Payment._ The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated March 19, 2002 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed One hundred twenty thousand three hundred sixty nine and 101100 ($120,369.110) Dollars. 12. Contract Documents. The contract documents shall consist of the following: 01. This Contract 02. Addenda 03. Advertisement for Bid 04. Notice to Bidders 05. Information for Bidders 06. Bid Form 07. Subcontractors 08, Bid Bond 09. Antl-Collusion Statement 10. Contractors Affidavit 11, Disadvantaged Business 12. Documentation of Good Faith Enterprise Contract Provisions Effort to meet the DBE Contract Goal 13. Participation by DBE's 14. Identification of Participating DBE's 15, Certification Regarding Disbarment, 16. Certification Regarding Equal Opportunity& Eligibility, Indictments,Convictions or Affirmative Action in Subcontracting Civil Judgments 17. Affidavit of Compliance with 18. Missouri Division of Labor Standards Prevailing Wage Law Annual Wage Order No, 8 19. Affidavit of Compliance- 20. Excessive Unemployment Exception Public Works Contract Law Certification ' 21, Performance,Payment, & 22. General Provisions Guarantee Bond 23. Special Provisions 24. No Second Tier Subcontracting 25. But American Policy 26. Notice of Requirement for Affirmative ' Action to Ensure Equal Employment Opportunity(Executive Order 11246) 27. Standard Federal Equal Employment 28. Supplemental Reporting Requirements Opportunity Construction Contract Specifications(Executive Order 11246) 29, Temporary Project Water Pollution 30, Inspection By Department and Federal Control(Soil Erosion) Highway Administration(FHWA) 31. Certification Regarding Lobbying 32. Nondiscrimination in Employment Activities 33. Operating Policy Statement 34. Differing Site Conditions,Suspensions of Work and Significant Changes in the Character of Work Page 4 of 5 35. Required Contract Provisions 36. free,Shrub,and Other Wood Plant Federal-Aid Construction Contracts Maintenance-Standard Practices 37, letters frorn Government Agencies 38. Technical Provisions 39. Drawings This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 13. Nondiscrimination. 1 he 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. 14. Notices. All notices required to be in writing may be given by first class mail addressed to the City of Jefferson, c/o Director of Community Development, 320 East McCarty, Jefferson City, Missouri 65101, and Contractor at 241 Indian Meadow Drive, Jefferson City, MO 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. 15. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. IN If ESS WHERE F, the parties hereto have set their hands and seals this P t"-day of 4=- L , 2002. CITY OF JEFFERSON CONTRACTOR 4r MyV Title: --'—,.. ATTEST: ATTEST: )v Ihc City Cler Title: <-- APPROV D AS RM: City Couns or Page 5 of 5 Bond No. 103598134 PERFORMANCE, PAYMENT AND GUARANTEE BOND K N OVY ALL iY E t I BY TrH IES E PR E S E t-I I'S, thrlt ',"/e the !.j r r iq ni'-,(I Cori(:ret.e Eriginer-rin(j, 1-U, Sur•LAy (:ori,,p,ir)y of Ainerk-,i ' ' a r) o n ri c t, i c i i t r i(JI a i) o t (j r c;r- (j ID I-S I r) of Ml ssour-i h-!!(J (inc.j firnn,y bound i ihi:' Ci ty of Jefferson hereinaffor referred to as "Owner" one Hundred Twenty Thousand Three in the penal sum of Hundred Sixty Nine and DOLLARS (s--129.,369.10 - - - --), lawful money of the United States of Arnerica for the payment of which sum, ,,/ell and truly to be made, we bind ourselves and our heirs, exeCLAM, a(7jr-ninistralors, successors, and assigns, jointly (:;n,:l severally by these presents. (HE C(.-)MDlTl0t,J OF THE FOREGOING WHEREAS, the above- bounded Contractor has on fhe 6/41/ day of Ale, '10 VZ— , entered into a writtelm conircict %vith the afore said Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and accessories, for the construction of certain improve"Tienk as designated, defined and described in the scid Contract and the Conditions thereof, and in accordance with the specifications and plans therefore: C. copy of said Contract being attached hereto and made a part hereof: NOW THEREFORE if the said Contractor shall and will, in all particulars, well, duly and faithfully observe, perform and abide by each and ever/ covenant, condition, and part of the said Contract, and !h-2 Conditions, Specifications, Plans, Prevailing VI/age 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 it said contractor Shall replace all defective parts, material and wor-ki-nanship 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 FURMER, ih,-jI if the saic-j (—'antroclor fails k-) duly pf:jy for ony labor, niatei-ials, pr(w,',.'?nder, gasckne, .1 ;I ,, gre,a',ei, cr)c-jI rep(Air-, -Irl"J tooki or usc�­! In grr_-)ct'xic­, oriel foo(Jitulifs, cincl (-)Ii !ion liribilily, anc] othemist2, or any used (j( 'xmsum,-?d by such ContractlaY or I-)is, in (-)f lhe .vork contrac.-JeJ to if) cln/ c;fT)ouW not thr, (Arl)( la"v: PROVIOiH) FURN-fil.'P, Heat saw.-1 and rms r)f ot- Ilht,) specific-.ations 0C.C.'ar-npuniing In cir,)., visc Iii bitcp-i tic)n on this bond and it does hereby w!Aivk- notice of any chnrwjc , exlemsion of time, alte;ration, or additicr) to thy' of lhie confrri-.-t, or t a lh,-2 or to ffie specificotiong: PROVIDED FURTHER, that if the said Contractor fails to pay the prevailing hourly rate of wages, as shc,,,In in the attached schedule, to any workman engaged in the construction o f I k CIS designated, dt�fined and described in tn�e 'jn)prcwern6MI I the said contract, specifications anc (.-.,:)nditi(Dns thereof, the Surety ,vill pay the dehc�;ency and :any penalty for by k),,v �vhl­:h the incurs by reason of Ns/Os) act or ornission, In (in' CIMC)M)t m-nount of this obligation logelherv.,ith Inler,n,'-f as, l:-Nov!(Jeri by IN rESrI,M0NY WHEREOF, thE� said Conlra('Jor has h4reunto set Iii-, hand. and the ,se pr,.-�senls to be in its naffie, and its said Surety has caused th� corporate seal to be tic-reunlo affixed, by it attornt--,-.,y-in-,1cjct 1,July Authorized thereunto so to,do at on Ihis the day a f 20 Travelers Casualty and q re It y._Lo(qp i F !r-ic ,","I---------- SURETY COMPANY C 10 N TRA C 10 R JSEAL) -_(SEAL) JSEAL) 8 SEALS -in-foci Attorney (State Representative Jeannette Davis (Accompany this bond wilh Attorney-in-fact's authority from the Surely Company certified to include the., dote of the bond.) 1 IState of Missouri County of St. Louts 1 On this day of_ ���� before mc, Claudia A. McC;t'ath, a Notary Pl1bI1C in and for the said County of'St. Louis, State of'Missouri, residing therein, Jeannette Davis duly commissioned and sworn, personally appeared know to me to be the Attorney-in-pact of _Travelers Casualty and Surety Company of Amerlca the col oration that executed the written instrument. INotnly Public in and for tic C;oullty o St. Louis, State of'Missouri My Con'lmisslon Expires 8/27/05 1 MUDIA A.WGRATN Notary Public- Notary Seal STATE Of MISSOURI St touts counly MY Commission Expires; August 27,2045 I 1 . } I i IN WITNESS \\'IIEREOF, TRAVELERS CASUALTY AND SURFIT COMPANY Of-' AIVE;HIC'A, THAVFLFRS CASl1A1,'I'Y AND SURETY COMPANY and FARMINGTON CASUALTY CO,NIPANY havc caused this instrument 10 be sil;ned b*v Ihcir Senior \lire Pr'esidenl and Iltctr corporate scab; to be 11Crrl(1 011ixc(1 this 29th day of'hintimy 2002. S'1'A H OI CONNI:C ICI CI 'I'll/\\'GLF.RS CASUALTY AND SURETY ('( NIPANY OF A111;RICA I'ItA1'I?I,1?RS CASUALTY AND SURF I'Y COAH'ANY SS. I la:Iliu(I F,U2111N(:'I'O� ('ASliA1:I'1' CO('01\11 ,1ti1' CO UN'IN OF I IAR I'l ORD �,/1111LIIy4,`� �0Y A,,(l NSt,/ _ fry `L .+-�- ,'. •, [3y,... 3 HARTFORD, NARFGRJ, 1982 oxr, CONN. ..... ...... . _.......... .. ... George: W. Thompson r'++''� �^' ° `{�'' �`� • �'' Senior Vice President On this 291h dad' ol' January, 2002 bwfote me personally came CKORGE W. '1'11011PSON to me known, echo, bcillg b.r nlc scorn, did depose and s;r''. that he/shc is Senior Vice President of'I'RAVE LEUS CASUALTY AND SURPTY COMPANY Of AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and 1,ARMINGTON C'AStIALTY CO,'VPANY, the coq orations described in and which cscculcd the. above insinmicnl; that hc,she knows the seals of,S;11(1 corporations: That the seals ,flixed to the said instrument arc such corporate seals: ;nut th;U lc""'C c\ccnlcd lhc' soul ntshunrcn, on behall'of the corporations b�� aulhorit\'of his/her office uncler the Slandinp, kcsoluliuns lh<rcof. 1 ° TE . ��'N[CS'�'�• My co mnts:,ion crptres June 30, 2000 Notary Public Miric G. Tetreault CERTIFICATE, ' 1, the undersigned, Assistant Secrel;rry of TRAVELE:HS CASUALTY AND SURETY CO,NIPANY OF Ai\1ERIC.'A, TRAVELERS CASUAL'L'Y AND SURETY CONIPANY and FARNi1NGTON CASUALTY C011PANY, stock corporations of the Stale of Connecticut, DO 111=.kf?1.31' CL RT1l Y that the (Diet ping and atmelied l'o\ccr of Altorney mid C'erlificale of Authority remains in full force and has not bCCll revoked; and furthcrntorc, Ihal the Slarcdurl, Resolutions of the Row(Is of Directors, as set ' forth in the Certificate of Authoni)-, are now rn force. Signe(I and Sealed al the Home Ul,licc of the Comp;tm, nr the City of'I lardord, Staic ol'Conne ticul. 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'AS'tl2lcl ;iti 111.1, ,U SN,USN:Id 'l'i't' MONN , AO ,5.1,1NOILL:iV ,'IO :LL1',)I II.L21:1;) (IN'1, V-1,.1010T NAO HAMOd i,411r;-t'SI'I(I In.l!1.1,unlctJ 'p11.IlIr.II Mk�V(IIW.) A.l '11':iS1'.) N:0.l1)..1JIV?IVA ANO'CI1CO.) .1.1.:121`15(1:01 AA.A\';iSA'J SN:'IT11AV8.1. ' :10 As: dIW,) .1.111';1SY"J S21i1'1 1.kV?LI. �ti :t way v'....�; ;` •. :. �::. �•=ate T+ •t'r,�11 �.�'L / ; '.7 .:.� �r ig FRAV EL F R S CAS UA Lf Y AN D S U CO.',I P ANN' OF .0 1 F It I CA I'R,A V F,LERS CASUALTY AND SIAUTY COMPANY FARMINGFON CASUALTY COMPANY 11iii-Iford, Connecticol 06183-9002 POWER OF ATTOR.M."YAND CE RTIFI GAT E OF AUTI M RITY OFAAA ORMAN-I N-FM:T KNOW ALL PERSONS BY TIIEISE 1110,1SENTS'. HIAT TRAVI-AA-:16 CASUALTY AND SURETY COMPANY OF CASUALTY AND 1URET1' COMPANY FARMINGTON CASUALTY C011 ANY, I corporations (1111s, organised under file laws of- (tic Slaw of Collnecticill, :111d fi:lvlllg' their prilmlial oIlIccs ill flit: C'm- of Hartford, County of I-lariford. State of Colilleclicill, (.11cicinafter. 11w "Collipil nw"-) 11:1111 Illade. collslitillcd and appotilled, and do I)\ Illese presents make, constitute and appoilil* Ger-ald .1. I'll\, Jcillillet(v Da%is, Renee Folkel-ts, ol* .Sl. Louis, "Missoul-i, their 11-Ile and lawfid Atlorocs,M-in-fact, with (till pok%Vr illid illithol-I(N llctk:ll%. ":oIIIQIr0d exc":1111C ;Illd ill am pace \\illllll the ullitc(l Status" tile f'ollowing ills[runiclit(s): hy hisAlti SOIC .SI.1!II;IltIr1� 011d I Ict, all•, and all hollds, icwimziii iw,. conlrocis of indeninity, ,III(] ollict- mithips oblipatorN ill lilt., imlille of a bond, 01 C011kill lolud IIII(ICIIAIng and mly and all consents 111MIctit Iliciclo and to bind [lie Companies, fllelch.v ;is hills and to the smnc cx1t.nit as If the sank st.m., shined by (lie dilly aut llorizcd officers of Ilse C,I onlimnies, and all the ocls of said Atfol pill SmIlil to (fit.: lilt hol I[s herein i"ivcn, ;tic licfcb,\ calif-ml and collfirilicti. I'llis appoi Ill Incill is Ill'Ide under and hs. it 11 thol I 1,\ of the 161 loss I I Ig �ul I Id I ll!t Rcwl 111 it)[is of ,:I Id ('olilpil 11 ics, %s It ic 11 RuwIlit lolls arc flow in Full force and dfcct: VOTED: That the cliallimill, the President, am, Vice Challill'Ill, i111% Excclititto VI(C All'. 'tiL:11101 Vr:C. I'leSIdUllt, ;111\ ViLe PICSIdellt, 111v Second Vic(., President, the Ticilstirer, ally Assisuilli, Tre:lsmer Ihc (' )wmate -Skmclin,.- m :ills rlsslstant ,,ecrelary Illit", appoint AI tot lic)'s-I 11-Fact and Agents to act I-or and oil heilalf'ot'the company illid 111il.\ give :,uch appoilitct.. :,Ijdl ;III01ollt'. 1; his of her ccltfl-;Latc ofillithorM may prescribe to Sign with the CoIIIplIIl%'.'i liallic and seal with the Collipall"*:; sell bollkk, Cotltl•wt.-;of Ilideilillits, and otlicl oblil!illor,v in 1111ollill undel 'Ill'i'111'. i1l*�,,Ild (dficcl s (if 11u. I fl,I)II cclm:; It lilt\ tillic 111;1% Wlilok,c;111\,such appointee and revoke (lie po%%cI i!lvell him of her 'Ile nature of i, 'o"', r",o "' "icc, or c,)", VOTI I 'it the C11,311111MI, the Ill esikknit, a1w Vice Chail 111ml am I'Ac( it1%I., vik t: 1 :IM scnlol \,Ice I of am Vice I'losideal "y delegate all or ans,part of'the Im cgoi ii�! 11111flot I I% to one Of HIM C ol I m cillph 1'.cc-1 ol,!;i i ',mll 1),Ill%. I)!ovided I hill, each ,tich dcicl,-alloll is tillo and it Copy UICNOI'k filed ill the office 01'01C SWUL11% �\)`,Tli'I That a* bond, WCOg16Z;IIICC, WHOM:', 01' IlldelillIM" M \tIllim" oh!wmIo!,. Ill lhv n.lunc ol* ;I laird, lcom.,livillwo, of conditional undertaking shall tic Valid and hilldill" lipoll the CoIllpilliv (,I):,wiled h\ the ht:;IdCljl, 111', VICL- aliv I'%cCIIII%v VICe President, aliv Selliol. Vice Preside\t or arty Vice President, :ill%• "".cull VICk.. Plc;ldtellt. the I 1111% ."011 lilill h0il.;UIVI. lilt! (1'1)II)0FttC SCLICIAIA 01 Alls ASSiStillit SWelill-V and dUIV ilItCSIC(I illIll SCIIICd k%illi the Compall"'::s" al h', it SCCTL-IA:'1 or A..',11;,Aill SC,Ivt:w', (,I f h) duk,cxCctII,.,d(under seal, if required)by une or more illId A2C[lk IMIS11,111! to the 1)(MCI plt:�L I ll•t.-!i M 111:. of HICII Cclllllciite,;of,authol its.or by one or Inote Company ompally Akers pursilaill.to it k\I Ittell delet'!illioll ol,illithol w, This Power- of Attorney and Certificate of AlIthol-io is siallcd and seitled Its facsinli1v (mechanical or printed) under and by authority of'tile fAlo •ilig Standing Resolution voted by ill(, Boards of Dil-cclol-s of''I HAVE'Ll"'RS '"ASUALTY AND SURE"I'll, CONIPANY Of,' AiMEIZICA, TRAVELERS CASIIALTY AND S(AZETY COMPANY :lilt] FARMINGTON CASUALTY CONIPAINY,which Resolution is lioNs in kill force and effect: V011-11 That the signature of each of the tbllowill'-' o!'IIJLCI.;. all'.' 1-ACLUtI%L' VIC,: :111% S('11101 Vl(T !Ills, Vice President, any Assistant Vice Pm;ident, any Scci cuil V, i111% A':S1.1011t SCUf VtAl% :111d 01C SL',Il cat [Le 111M he ill'I'INC(I hs' 1"'IC5illlilC to illIs' power ol'attorney or to any certificate icialing Illcicio:IppmtIII!w, RvAtICIII %"ICL- Assi.;taw ScCtctitrics of Attornevs-ill-Fact fill I)Llrl)OSCS only 01'CUCtIti11(I Illid attestim! holids and aildcl(Allw.,;111,1 Awl ohhl!,Ilolv Ill the niWilc lilcicol, illid;tin much pm cr of attorney 'icatc bearing such facsimile S11--IMMIC 01' faCSIIIHIC 'Wdi Sh;dl he N•thd anA bllldilll! 111)011 1!!,'('011111illi". illId d1i V such 1)0\%Cl SO CNWItCd ;Illkl certified by such Iii.c.simile signatorc and fasimile seal ,hill! he %.ihd III,.] bmdm,� upl):l 1110 Ill the I'Littlic %%till Icspw Io any holid of t0n,idCc,:r,1,,,i,king to whic-h it is at't'ached (11-00 stalidald) Ma8 01 02 O011lp susan moore 5731-6080100 p. t 101 /02 .. .. i r 1 r tl•n ,ri , , � ,. .. ,•,.• N '. y�til IS�'I 1;'�J81�� YATR�I�/V� �'. iYi�c �G7jv 1 I!1� i r rl.l,/ .vv ...; 1 L�tt7Y.1: a..• . •v►'v,ne .�j{ ;a " M�. IS CEs Wr.ATF 16 MWW AS A MATMR Of INFORMATION Mid-America Specialty Markets ONLY ANO COWEIM NO slNil(M UPON TK CERTIFICATE HOLM. THIS C!A'fr" E DOM MOT AIII C1, mw) on 3107 Green Meadows Way ALTN"TIIk C0V4AA0E ��OROep BY T"I POLICIES OR M. suite 101 COWAMES Afra"Na CWvAACE Columbia MO 65203- 57 442--2276 ( ) A Shatowade inuurance _ Concrete Engineering, Llc 0 241 Indian Meadow Dr �Iy,IgINV c Jefferson City MO 65101-- COw.AhY {573 80- 504 " o ,..�.. p.. • y. �I' /N� `1.�i�.1,• f ,•. t ,' I�'1'f1+ l•9,7: i..• 1. e UN. .`4�:fS..::I1�YrI�::•• ..,II::.'1.5�Iih�'u!:�,; �,�..�,.�:,•',i. •I!•:1.:}.rf,� •,)7.•:a.d.f.�.ll l�.�.S/iiiu:Ii41'.f[/,1 iu'�:"'Y:11'f.1{'li:iY' :L'.SIY'..�1�17���!".i�.f•5)• ;.J� TINS a TO CEI►TU'Y THAT THE POLICIES OF INSUAANCk LMYCO BELOW HAVE OVEN MSMO TO THE MUABO~V ABOVE FOR THe POLICY PERIOD O OICAT[0.NOT%*OHSTANOINR AW RQQVP MCNT.TCNA OR CONWTION OF ANY COMPACT OA OTI18R OMUMEM WITH RESP6=TO WHICH THL4 CEJ•TIMY9 MAY BE MUE D OR MAY PERTAIN.YHE POURAWCE AFFORDED OY THE PQLVIES OEfk•.FMSEO HEREIN M AIM ICCT TO A"TNC TCr"*. OXCLUSIONS ANO CONDITIONS OP SWH POI IC.181.LIMITS IhMOWN MAY 14AVeW94 F CDUCED BY PA10 CLAIMS. M�r �K1 1nOU CO rfn6vbalm MNVI UNM �7�- A veMtlwa LNIIM ITY GEf*Ak A=AICATE 1;L 0, U Y CDIAWE%Cftaera+TALUA&VTY 224060505 07/03/01 07/03/02 m°°UCTi•o°tnPAoa s2,000,000 CJWt�W= Y]OCCUR 0e tfOWL&AOWTrIXW 11 000 000 Y 00.,Ms1OONTIIacmavpoor Ewe..00OWWWO9 a 00 000 I _ F t oAwKGE uvn or.nr.l 1 1 we°ots oA. 5 000 A jANTAIJTD 224060505 07/03/01 07/03/07 `�` 0�"01£i 11 000,000 I ALLOMretOAUTOI NOW WAM }t'xHElxUOauTVs For pe*WQ "MCAU103 INSURAN/CCEE NDNCMINEOAUMS L? rww� ' — -- — By: PgOPItpTVtLwAl:r o MµpG 1MQ111TY AUTO 904LY•EA AC'CDINT 1 rr WY AUTO Date- l —/ / / OTIO."MNWm0w, GoHAC0t1Wr 6 AGGO'KnATE S A 0 0,000 T UNIMM APOAM PENDING 04/29/02 04/29/03 AC[,MCyTE s Ou,M TMAh WWMI-UA FOFM [ A MIOIO{[TN 4011/[TiMTIQp AwD X WL6v"WUUWUTY 724060506 07/03/01 07/03/02 ELeaw °Ef s• 0 T� X „a, ELWEA% POUCvUWT 11000000 ' Aw. n.012VA E•EAE F 11000000 eIHaT 00:11/110"010}I IYlT10�4C'Al10MANfaMC1fY141'CC1Ay►TFIPb ADDITIONAL INSUREDS; JEFFERSON CITY & MECO ENGINEERING COMPANY INC. f•Tri't'.••:�- .t `„.f'•. .. �.."t�!••� �" ,. �. +: ! Irl.•5 'Ii'r S1 ;,; l:u:'ll 5f`i:t�� .I;l:SI"•3i^� .'n.:::�'1 . 1 1 �:.. C {.. t �F. 13;rt::t'.±':i4r.;r.z.i�, rs:t.i. �1r.}.ts 1. _t"t+.. .., .rns..•.,x• .Iil.:.. 1Ne1M0 ,W at TW AMON III;rO1IIM FOUCIO K GnCVA"IbORC TNd ' tXft ATTOM OATS TtA[/IOOF, TN1 ISM" CpIdIANY WILL PMWOA TO NML ,tlJ DAVI WMTISM MOTICI:TO THO CIIIIISIWATI WX0=IIAWA TO TIIE 11/1, WI'FA""va INVA MIC"ma11Ct"Au II""MD ow"TTOM Oa 1 l"ITv City Of Jefferson u AMY OW t1►ow cowmv, n "am C* me nommm Jefferson -City Mu 65201 1 ...».. "I. ..Iv....,, wt7A,• .y. .,....; v a41tAM,ir .i,.•,t+�.•, :�„�� ..S t yw;a'Y.Flnrr M � .;. v. j;,•r r. ' IIfcMIFetIi • ":I(+l�:t�.>;.ff�.L'.I.,, rr�• �.� '• ...., s. A An H,yn�nr` L .;r. ;:n�.,rr�:'f:.r.>>4iL�ri'.='•4s'tir..1:' IT'•::.�Y'.� �E:1•fH1C'':17l tt�lti SS{jet a'�r.l`�����7�r' ' MaH at 02 03: 11P Susan mocTre 573--6300100 iO t yi A C t�l,a�,`�'. tt.i.;A�����• .�•,,�YM��� ,���:1',;,? 'r�i � 1 ! : '�:�1�1:41,. ''OS/(�1 UZ ► +u+ THIS CUMFICATE 16 ISWED AS A MATTER OF INPWMKT_ION Mid-Americo SpeCialty Markets ONLY ANOICOWERS N Noon rUONi�►uTHC KCxF�an 3107 Green Meadows Way ALYYq T_NM COVERAGE i 0AIND BY THR POLICIES BELOW, Suite 101 i~ _ COMPANIEU AFFORWIM_CO'V�__ C. _....__r Columbia MO 65203- COUPA,.,Y _ (_573) __442-R276 ( ) � A Statewide lnsuLa!{ct� _ y WTJIAI,p ..._.- CC1AAaANv Concrete Engineering, Lic 241 1,nd:Lan Meadow Dr COMPANY Jefferson City MO 651 01 -- CO,PANY (573) 80-9504 p cYr.e1p�/� Y .VK�![•�; .ILtII �' ., ...f.r�"I.L}: %'r. '•�� ' , 'III:T 'i(. ,� �,,, ii•../, I, ',r i„/, "r,'.•I)11 li•' ii.••I:,!:I�'-'i t111 TIir9 IS TO CERTIFY THAT THC AOUCIES OF INOUFIANCE LIAICO BELOW KWE BI'CN Issurt)TO THE IN3URE0 NAMED AOO4 FOR Tilt PMICY PLA100 MJOICATED,NOTVPTMTANDING ANY ICDUIMOKNTr TEAM OR COP-OITION OF ANV CONTRACT OR OTHFH DOCUMENT WITH AF$PrCT IrO WHICH THL9 CERTIFICATE MAY BE 153UED OR MAY PtaRTAIN,THe 04URAWE AFFORDED DY TMC I'O OCS DESCRRIE-D Hf,NEIN If.5i11R.lEC1 TO ALL TNC TCAMO. EXCLUSIONS AND CONDITIONS OF 3VCH POI KISS.LIMITS Z"OWN MAY TMVF RCEN REDVCeD DY PI CLAIMS. L A TN►L of MC{1Mw:i AOLfCYNIMrlLYi 0�j"�►96 90W POUCI(EUPWATION _ d OeM GAIN J00,TO T► A TItwpAL uAT tm GENLAAL ACGaNCATC I Z O 0 0 U U Y CCUAVICIALGEWPALLVALITY 224060505 07/03/01 0711)3102 ,MIODUCT6_COW.OPAOO 12 0_00, 000 Q.AA.aWADI YOCCO KMONALaAAV"JURY 61 , 000, 000 Y 4 OYM,ERTi 1 OONT-60TORS PAOT FAC..00et#LWiiCf! 1 0 0 0 L 1)DO ! r.t oAwTae wIY ory 1ko1 I 100, 000 r.•eorxv "0.6p.W4 I 5 000 A Aunwomm uAa ww !AWAUID 224060505 07/03/01 07/03/02 1 ,000 I_Q0 0 ALL O WNCO AUTOI BOON Y*MAY X'TCHE UDAUTDS r1v ww) N Tl #IMDAUTW D R RY NONGV,NED AUrM I KCPVATY OAMAW' ak"V lLIAMLLTN .� AUTO 004LY•FAACLMENI I ANY AUTO l I I l OrNERT1uWAUTO01>tir +° - CACH Ac O"f I _ — AGC;RW.ATr I A ExCeae uAat tIY -^� EACH 0CcjWNCP N 1 L 000 000 X UNWeLV►oars PENDING, 04/29/02 04/29/03 AGlAfC1AIL s� - O'TMNA THAN NIA{lILLLA FOW ^ E A TVOIIKNT{NoowmAm*AMD Y flMll•f� E� ELMLOYEM'UAATUTY 724060506 07/03/01 07/03/02 tErACkACCMT _ I1_QQQOQO TNC Imvmvm x ,rte FL&;F.AIE•►OUCY UNIT 11000000 MAT A ,ExEGtiJrA rL 011eW•EA EALPII7YEE 61000000 OFF91M ARE. EXCL OT"" GL7CMVTTOR OF OPl I14IIOIEIAOCATIOIt6NK„K1tlJtILCIAI,ITCIMb ADDITIONAL INSUREDS: JEFFERSON CITY & MECO ENGINEERING COMPANY INC. I�R�ti.Tr'1!R YT�TTrR�1.,�,G:Ii'. .rle�•... .i,�:S�. ,At .+ �' 1i.� ... . ... `°f",^.!T'^,��i. INouW AW M TMC ABOVE AM MTD P6MIIE1 N,N CANCILLND WFPRE TNC ' WWATYM DATE TMPEOF, YEN. f” M4 COWANY WIu PWAVON TO MAIL �I7 11AYL rniTl'fk ROTICR iD iHt C1MitsYCATE MOLDER NAMI[O b 1NE lE1T, NUT rA11!lAII vv M"SU"NOTICE LNAU MM"Mo M WATMA ON L06M(TV ' City Of Jefferson a ANY KIM-UP" TIR, COM"XY, ITii A*VM 0% WN $-WYAW4& Jefferson City MO 65201 I .��L�y� y'",��+� „t;.:;,,';ff • 1,,:, .. ;r rr.tFF• r :,,';,:y,'1.; I'i•tt' ' ;::•:: R TR/•. I \. IT'IYilt•Ir:vl,I�l..''�:1I: 1''1.{ \r J,'r{' 1 .Z '::';, •�1f,•i�°ll>r,'r.C),4 yl Y ,1 QMr: �^�i as 01 Ue 033 1 1 p Susan a 1� lk T. .1.1 E �]. !'OS 01/02 INAOfcrn THIS CUMFICATE 06 1SWED AS A MATTER Oil INFORMATION Mid-America SpeCialty Markets ONLY AND COWFH3 NO RKIM UPON THE CEMCF[CATE HOLOM. 7NIS CWWW E DOES M67 Aucup. uMcup on MM JA F4 3107 Green Meadows Way ^►116"7"k- CMF.IUM FORDFD BY T"l POLICIFf-, MLOW. suitc 101 COMPA lE8AFF0RO4Nr.Sv0"q Columbia MO 65201- r-TONVANY _JL? . 442-2276 Shatewide 111.5UldllC9 umam COWANY ConcrQLO Engineering, Llc —a 241 Indian Meadow Dr ump.N� C Jefferson City MO 65101 - COUPANY (573) 680-9504 0 - i,;N71 7 THOISTO CERTIFY 7HA7 THE POUMS OF INWAANCE L1970 BELOW NAVE BIX-MISSM0 TO THE(NOUMD KAW(MOOVE FOA THE POLICY PU400 046CATE0,NOWMWANDING ANY MOUP&CNT,TERM OR CONDITION OF ANY CONTRACT OR 0MGM DOCUMENT vnlh fqF PrcTTO t"jHL#j .$ WK CERMKAW MAf K 133UED OR MAY P164TAK 7M MUW4CE AFFOROU0 13Y THE RXILIEN DEDCMWO HEREW M lantWCI TO ALL T,4t TCrIA3. EXCLUSIONS AND CONDIT)O"(W 3UCH FqA saivs.,LWln 9 o0WN WAY tAAVe fj.I!M ACOUCED Uy LA co VvK W W"A"Ics VA &RIC tuvow• GAVE luwm" A waoxA uAwsort rMLFM AGGANtAT—E 7Y cD-*wA-.t-c;Et&%ALLiA&vry 224060505 07/03/01 07/03/02 M%roopma 12 coo PMODW T& — 12 4-0-0-0-4 OMMAL A AW W4AW 000 029— Y I ovmvvs a owmmcmm s PF*r VAC.000UnA&oCe 1 00 000 105 1000 exp on. f 50000 A AUftLWMA LPJAnY —1 ANY ONO 224060505 07/03/01 07/03/02 L%Xt&0CD3ff41Et&*T A' I ALLOWNCOAUT4 AOMY WAMY _00-20,0 00 X SCIMUDAUTOS ft pu*v #040 NOW RWILYK-Wky NOAMOKILMAUTOS 01W b"Aa-73 P"L"ATY r"Amp a aAAAAC Lh%jKM AUTO QPJF.Y_-etE=_N 1 4 WYAUTO 0-111 E 9 1-7$"A U T U 0 N L I r '4W A tweas manarry CA010CCUROZW 21 000.1000_ UNWr6tA KMM PENDING 04/29/02 04/29/03 AWJWOATC S CU-M TKAN UMUKLL&A KWN 9 A w6w"a eawamArm,%ito DOMM'uhavivy 724060506 07/03/01 07/03/02 Pt DOW ACCMNT TM r TM X EL WAX-P404 JCV UWf 91000000 rAptTNrF6*jlCUrvf UFFRXX AW. V= CL 03FA9E•EA FAAW f?VM 61000000 OT"M ADDITIONAL INSURED$: JEFFERSON CITY & MECO ENGINEERING COMPANY INC. IWA"AW of 71LC A106" 099001M FOLIM W CANCIUAM 40mm T"fl Wftmm DAR TWOMF. TH& rMM COWPAY WlU POKAVON 10 1 f j_L)_DAVS WWrTlN W44 TO Ift Cght"ICATS NOLOKA KAWND W 11W tan, GUY FAR M4 V*Wk"c"wo"m&"u w"t Na aw"nm co u%"nv City Of Jefferson ct WW KUM V"N "ll tOWMW. MS A*WM 00 0kCM$CMWW= Jefferson City MO 65201 PREVAILING WAGE LAW RSMo Chapter 290 The following is the Missouri Prevailing Wage Law from Chapter 290, Missouri Revised Statutes, 1987, 1980, and Cum. Supp. 1993. 290.210. Definitions As used in sections 290.210 to 290.340 unless the context indicates otherwise: (1) "Construction" includes construction, reconstruction, improvement, enlargement, alteration, painting and decorating, or major repair. (2) "Department" means the department of labor and industrial relations. (3) . ."Locality" means the county where the physical work upon public works is performed, except that if there is not`available in the county a'sufficient nwnber of'competent skilled workmen '"� �Ato�o3fist'fGcty�h��p�lblic"�tiC�o'rks�fficTeiitly`'and properij►;�. locality'�rnay��riclude,�tw.o.�or�no�e#�qunti_es ,�ar.r.R�: adjacent to the one in which the work or construction is to be performed and from which such workers may be obtained in sufficient numbers to perform the work, and that, with respect to contracts with the state highways and transportation commission, 'locality` may be construed to include two or more adjacent counties from wWch workmen may be accessible for work on such construction. (4) "Maintenance work" means the repair, but not the replacement, of existing facilities when tf,e size, type or extent of the existing facilities Is not thereby changed or increased. 5 "Prevailing hours rate of wages" means the wages id generally, in the locals in which ( ) 9 Y 9 g t� B Y. tY the public works is being performed, to workmen engaged to work of a similar character including the basic hourly rate of pay and the amount of the rate of contributions Irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan or program, and the amount of the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to workmen and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the workmen affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where th_e contractor or subcontractor is not required by other ' federal or state law to provide any of the benefits; proAded, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations,of,they d-partment,.insofar as sections 290.210 to 200.340 are concerned, may be discharged by the making of payments in cash, by the making of irrevocable contributions to trustees or third persons as Provided herein, by the assumption of.an enforceable commitment to bear the costs of a plan or 1 program as provided herein, or any combination thereof, where the aggregate of such payments, contributions 4nd costs is not less than the rate of pay plus the other amounts as provided herein. (6) "Public body" means the state of Missouri or any officer, official, authority, board or commission of the state, or other political subdivision thereof, or any institution supported in whole or in part by public funds. (7) "Public works" means all fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. it also includes any work done directly by any public utility company when performed by it pursuant to the order of the public service commission or other public authority whether or not it be done under public supervision or direction or paid for wholly or in part out of public funds when let to contract by said utility. It does riot include any work done for or by any drainage or levee district. (B) "Workmen" means laborers, workmen and mechanics. 290.220. Policy declared.-It is hereby declared to be the policy of the state of Missouri that a wage .of no less than the prevailing hourly.rate of wages for work of a similar character in the locality,inwh�iuch�ttye.w��k is���o�ed � al e pa �'0�llvor�Nr}�e{r�'lo.Y��,�p..Y.,�P.fgQ�.�het�al(�A.l�anl`� �' = ~ ! rpubUt � `engagec� n pu'' rc wor' s ezc�ustve of mamtenarce work. 290.230. Prevailing*wage rates required on constructlon of public storks.-1. Not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, and riot less than the prevailing hourly rate of wages for legal holiday and overtime work, shall be paid to all workmen employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. Only such workmen as are directly employed by contractors or subcontractors in actual construction work on the site of the building or construction job shall be deemed to be employed upon public works. , 2. When the hauling of materials or equipment includes some phase of colistruction other than the mere transportation to the site of the construction, workmen engaged in this dual capacity shall ' be deemed employed directly, on public works. 290.240. Department of labor and industrial relations to enforce-make regulations. 1. The t department shall inquire diligently as to any violation of sections 290.210 to 290.340, shall institute actions for penalties herein described, and shall enforce generally the provisions of sections 290.210 to 290.340. ' 2. The department may establish rules and regulations for the purpose of carrying out the ' provisions of sections 290.210 to 290.340. 290.250. Prevailing wage,1ricorporation into Contracts-faliure to pay, penalty-complaints of , violation, public body.or prime4ontractor to with hold 1payment.-Every public body authorized to contract for or cuntr;rd huhlic works, before advertising for bids or undertaking such construction shall request the department to determine the prevailing rates of wages for workmen for the class or hype of work called for by the public works, in the locality where the work is to be performed. The 2 uepartment shall determine the prevailing hourly rate of wages in the locality ill which the work is to be performed for each type of workman required to execute the contemplated contract and such determination or schedule of the prevailing hourly rate of wages shall be attached to and made a part of the specifications for the work. The public body shall then specify in the resolution or ordinance and in the call for bids for the contract, what is the prevailing hourly rate of wages in the locality for each type of workman needed to execute the contract and also the general prevailing rate for legal holiday and overtime work. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, to pay not less than the specified rates to all workmen employed by them in the execution of the contr°ct. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall he paid to all workmen performing work under the contract. It shall also require in all contractor's bonds that the contractor include such provisions as will guarantee the faithful performance, of the prevailing hourly wage clause as provided by contract. The contractors shall forfeit as a penalty to the state, county, city and county, city, town, district or other political subdivision op whose behalf the contract is made or awarded ten dollars for each workman employed, for each calendar day, or portion thereof,.such workman is paid less than the said stipulated rates for any work done, under said contract, by him or by any subcontractor under him, and the said;public,body awarding the contract shall cause to be'inserted in the contract a stipulation to this effect":It shall be the duty of such public body awarding the 'contract; and its agen�t`s�" i`�`officers �a`"tai e�cogriizanceiiif all�oo piaintstofoall}violations,+of;the xAVision V 4ections,w: F 290.210 to 290.340 committed in the course of the execution of the contract, and, when making payments to the contractors.becoming due under said contract, to withhold and retain therefrom all sums and amounts due and owing as a result of any violation of sections 290.210 to 290.340. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of said subcontractor's failure to comply with the terms of sections 290.210 to 290,340, and if payment has already been made to him, Ott contractor may recover from him the amount of the penalty in a suit at law. 290.260. Determination of hourly rate for highways and transportation commission, when made, where filed, objections, hearing, determinatlon.-1. The department, as it deems necessary, ' shall from time to time investigate and determine the prevailing hourly rate of wages in the localities. A determination applicable to every locality to be contained in a general wage order shall be made annually on or before July first of each year for the Missouri state highways and transportation commission and shall remain in effect until superseded by a new general wage order. In determining prevailing rates, the department shall ascertain and consider the applicable wage rates established by collective bargaining agreements, if any, and the rates that are paid generally within the locality. 2. A certified alb I copy of the determinatJOn „o made shall e filed immediately with the secretary of ' state and with the department in Jefferson City. Copies shall be supplied by the department to all persons requesting them within ten days after the filing. ' 3. At any time within thirty days after the certified copies of the determinations have been filed with the secretary of state and the department, any person who is affected thereby may object in writing to the determination or the part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection. 3 4. Within thirty days of the receipt of the objection, the department shall set a date for a hearing on the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing. 5. The department at its discretion may hear each written objection separately or consolidate for hearing any two or more written objection& At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the time of the original determination which formed the basis for its determination. The depart'nent, or the objector, or any interested party, thereafter may Introduce any evidence that is material to the issues. 6. Within twenty days of the conclusion of the hearing, the department must rule on the written objection and make the final determination that it believes the evidence warrants. Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail. ?.,The final decision of..the department of the prevailing wages in the locality.is subject to.review in accordance,with,the provisions'of`chapter 536, RSMo. Any person affected+w4,e,1qe crpatedntherpi•6ceeditigstlresfil�ihrtn"d[h' ''finaxeermr�"rn ' '' t,o , e the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a service of the final determination on persons not participating in the administrative proceedings resulting in the final determination. 8. At any time before trial any person affected by the final determination of the department may intervene in the proceedings to review under chapter 536, RSMo, and be made a party to the proceedings. 9. All proceedings in any court affecting a determination of the department under the provisions of sections 290.210 to 290.340 shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests. 290.262- Determination of hourly rate by location and occupation title, when made, where filed-objections, hearings-final determination-notice to department by public body, when.-1. Except as otherwise provided in section 290.260, the department shall annually investigate and determine the prevailing hourly rate of wages in each locality for each separate occupational title. A final determination applicable to every locality to be contained in an annual wage order shall be made , annually on or before July first of each year and shall remain in effect until superseded by a new annual wage order or as otherwise provided in this section. In determining prevailing rates, the department shall ascertain and consider the applicable , wage rates established by collective bargaining agreements, if any, and the rates that are paid generally within the locality, and shall,-by March tenth of each year, make an initial determination for cacti occupational title within the locality... 2. A certified copy of the initial determinations so made shall be filed immediately with the secretary of state and with the department in Jefferson City. Copies shall be supplied by 4 1 the department to all persons requesting them within ten days after the filing. 3. At any time within thirty clays after the certified copies of the determinations have been filed "nth the secretary of state and the department, any person who is affected thereby may object in writing to a determination or a part thereof that he deems objectionable by filing a written notice with the department, stating the specific grounds of the objection. If no objection is filed, the determination is final after thirty days. 4. After the receipt of the objection, the department shall set a date for a 1)e3ring of the objection. The date for the hearing shall be within sixty days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least ten days prior to the date set for the hearing. 5. The department at its discretion may hear each written objection separately or consolidate for hearing any two or more written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and the other facts which were considered at the f time of the original determination which.fonned the basis for its determination. The department, or-the' objector, or any interested.party., thereafter may Introduce any evidence that is •...,,.`. .•«�:�>�materi�lfto;�the�issues.��#��f r 6. Within twenty days of the conclusion of the hearing, the department shall rule on the written objection and make the final determination that it believes the evidence warrants. Immediately, the department shall file a certified copy of its final determination with the secretary of state and with the department and shall serve a copy of the final determination on all parties to the proceedings by personal service or by registered mail. 7. This final decision of the department of the prevailing wages in the locality for each occupational title is subject to review in accordance with the provisions of chapter 536, RSMo. Any person affected, whether or not the person participated in the proceedings resulting in the final determination, may have the decision of the department reviewed. The filing of the final determination with the secretary of state shall be considered a service of the final determination on persons not participating in the administrative proceedings resulting in the final determination. 8. At any time before trial any person affected by the final determination of the department may intervene in the proceedings to review under chapter 536, RSMo, and be made a party to the proceedings. 9. Any annual wage order made for a particular occupational title in a locality may be altered once each year, as provided in this subsection. The prevailing wage for each such occupational title may be adjusted on the anniversary date of any collective bargaining agreement which covers all ' persons in that particular occupational title'in the locality in accordance with any annual incremental wage increases set in the collective bargaining agreement. if the prevailing wage for an occupational title is adjusted pursuant to this subsection, the employee's representative or employer in regard to such collective bargaining agreement shall notify the department of this adjustment, including the effective date of the adjustment. The adjusted prevailing wage shall be in,effect until the next final annual wage order is issued pursuant 5 r to this section. The wage rates for any particular job, contracted wad commenced within sixty days of the contract date, which were set as a result of the annual or revised wage order, shall remain In effect for the duration of that particular job. 10. in addition to all other reporting requirements of sections 290.210 to 290.340, each public body which is awarding a contract for a public works project shall, prior to beginning of any work on such public works project, notify the department, on a form prescribed by the department, of the scope of the work to be done, the various types of craftsmen who will be needed on the project, and the date work will commence on the project. 290.263. Hourly wage must equal or exceed federal minimum wage.-The hourly wages to be paid as prescribed in section 290.250 to workmen upon public works shall not be less than the minimum wage specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. 290.265. Wage rates posted, where.-A clearly legible statement of all prevailing hourly wage r rates to be paid to all workmen employed in order to execute the contract and employed on the construction of the public works shall be kept posted in a.prominent and easily accessible place at' the site thereof by each contractor and subcontractor engaged In'the pubic'works prbJect.s under the rovisions of this law and suchpotice4 shall„remainfposted,during.the.full,,tame±thataan�y*su6h' )fM "`*I!,*”l'* low workman shall be employed on the'public works. 290.270. Declaration as to prevailing wages final-maximum wages and hour-% not 11mited.-The finding of the department ascertaining and declaring that prevailing hourly rate of wages shall be final for the locality, unless reviewed under the provisions of sections 290.210 to 290.340. Nothing in sections 290.210 to 290.340, however, shall be construed to prohibit the payment to any workman employed on any public work of more than the prevailing rate of wages. Nothing in sections 290.210 to 290.340 shall be construed to limit the hours of work which may be performed by any workman in any particular period of time. 290.280. Administration of oath.s4ubpoena"nforcement of subpoenas.-1. The authorized representative of the department may administer oaths, take or cause to be taken the depositions of witnesses, and-require by subpoena the attendance and testimony of witnesses and the production of all books, records, and other evidence relative to any matter under investigation or hearing. The subpoena shall be signed and issued by the department's authorized representative. In case of failure of any person to comply with any subpeona lawfully issued under this section, or on the refusal of any witness to produce evidence or to testify to any matter regarding which he may be lawfully interrogated, the authorized representative of the department may proceed to enforce obedience to the subpoenas in the manner provided by section 536.077, RSMo, for administrative agencies. The authorized representative of the department shall have the power to certify to official acts. 290.290. Contractor's payroll records, contents-affidavit of compliance required-signs on motor vehicles and equipment, requirements-temporary stationary sign, when-exceptlon.-1. The contractor , and each subcontractor engaged in any construction of public works shall keep full and accurate records clearly indicating the names, occupations and crafts of every workman employed by them In connection with the public work together with an accurate record of the number of hours worked by each workman and the actual wages paid therefor. The 6 1 payroll records required to be so kept shall be open to inspection by any authorized representative of the contracting public body or of the department at any reasonable time and as often as may be necessary and such records shall not be destroyed or removed from the state for the period of one year following the completion of the public work in cc�nnection with which the records are made. I2. Each contra :tor and subcontractor shall file with the contracting public body upon completion of the public work and prior to final payment therefor an affidavit stating that he had fully complied with-the provisions and requirements of this chapter, and no public body shall be authorized to make Ifinal payment until such affidavit is filed therewith In proper form and order. 3. Each contractor and subcontractor engaged in any construction of public v:nrks shall have its name, acceptable abbreviation or recognizable logo and the name of the city and state of the mailing address of the principal office of the company, on each 1110tor vehicle and motorized self-propelled piece of equipment which is used in connection with such public works project during the time the contractor or subcontractor is engaged on such project~ The sign shall be legible from a distance of twenty feet but the size of the lettering need not be larger than two lnches.'In cases w'h{ere equfpmenns- feasea`a ' where'affxing'a"1l 9ibk:`$1gn`to`& e"qay te?n66�aryftibnaiyStii;+ iiith'r#1ie` { � f ; information required pursuant to this subsection, at the main entrance of the construction project in place of affixing the required information on the equipment so long as such sign is not in violation of any state or federal statute, nrle or regulation. Motor vehicles which are required to have similar information affixed thereto pursuant to requirements of a regulatory agency of the state or federal government are exempt from the provisions of this subsection. 4. The provisions of subsection 3 of this section shall riot apply to construction of public works for which the contract awarded is in the amount of two hundred fifty thousand dollars or less. 29 0.300. A ct I o ns f o r pre va IIing wages by workman authortzed.-Any workman employed by the contractor or by any subcontractor under the contractor who shall be paid for his services in a sum less than the stipulated rates for work done under the contract, shall have a right of action for double whatever difference there may be between the amount so paid and the rates provided by the I contract together with a reasonable attorney's fee to be determined by the court, and an action brought to recover same shall be deemed to be a shit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. 290.305. Rebates b workmen prohibited, exception.- No person, firm or corporation shall Y p P p violate the wage provisions of any contract contemplated in sections 290.210 to 290.340 or suffer or require any employee to work for less than the rate of wages so fixed, or violate any of the provisions contained in sections 290.210 to 290.340. Where workman are employed and their rate of wages has been determined as provided in sections 290.210 to 290.340, no person, either for himself or any other person, shall request, demand or receive, either before or after such workman is ngaged, that such workman payback, return, donate, contribute, or give any part or all of said workman's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with such request or demand will prevent such workman from 7 procuring or retaining employment, and no person shall, directly or indirectly, pay, request or authorize any other person to violate t}jis section. This section does not apply to any agent or representative of a duly constituted labor organization acting in the collection of dues or assessments of such organization. 290.315. Deductions from wages, agreement to be written, approval of public body required.- All contractors and subcontractors required in sections 290.210 to 290.340 to pay not less than the prevailing rate of wages shall make full payment of such wages in legal tender, without any deduction for food, sleeping accommodations, transportation, use of small tools, or any other thing of any kind or description. This section does not apply where the employer and employee enter into an agreement in writing at the beginning of said term of employment covering deductions for food, sleeping accommodations, or other Similar items, provided such agreement is submitted by the employer to the public body awarding the contract and the same is approved by such public body as fair and reasonable. 290.320. Advertising for bids before prevailing gage is determined prohlblted.-No public body, •offtcer,.official, member; agent or representative authorized to contract for public works shall fail, 1 before..advertising for,,bids,or.contracting for Such construction, to have the department determine «. ;eLeva�ing � esrar�(or�each �� Pt° 0� aQd0(���bY. ?pyAublicyvarks,inheAlocality�•�; �:;: �''.. where the wor is to be' performed as provided in sections 290.210 to 290.340. 290.325. Awarding contract or payment without prevailing wage determination prohlblted.-No public body, officer, official, member, agent or representative thereof authorized to contract for public works shall award a contract for the construction of such improvement or disburse any funds on account of the construction of such public improvement, unless such public body has first had the department determine file prevailing rates of wages of workmen for the class of work called for by such public works in the locality where the work is to be performed and such determination has been made a part of the specifications and contract for such public works. 290.330. Convicted violations of sections 290.210 to 290.340 listed, effect of.-The department after investigation, upon complaint or upon its own initiative, shall file with the secretary of state a list of the contractors and subcontractors who it finds to have been prosecuted and convicted for violations of sections 290.210 to 290.340 and such contractor or subcontractor, or simulations thereof, shall be prohibited from contracting directly or indirectly with any public body for the construction of any public works or from performing any work on the same as a contractor or subcontractor for a period of one year from the date of the first conviction for such violation and for a period of three years from the date of each subsequent violation and conviction thereof. No public body shall award a contract for a public works to any contractor or subcontractor, or simulation thereof, during the time that its name appears on said list. The filing of the notice of conviction with the secretary of state shall be notice to all public bodies and their officers, officials, members, agents and representatives. 290.335. of o , Notice f violation', failure to comply, attorney general shall sue, inJundlve relief authorized.-lf it is (mind that a public body, contractor or subcontractor has not complied with any of (lie terms of section 290.210 to 290.340, the department shall give notice of the precise violation in writing to such public body, contractor or subcontractor. Sufficient time may be allowed for 8 compliance therewith as the department deems necessary. Alter the expiration of the time prescribed in said notice, the department may in writing inform the attorney general of the fact that such notice has been given and that the public body, contractor or subcontractor of the authorized representative or agent thereof to whom it was directed has not complied with such notice. Upon receipt thereof, the attorney general shall at the earliest possible time bring suit In the name of the state in the circuit court of the county in which such public body is located or where any such contractor or subcontractor is engaged in any public works to enjoin the award of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the requirements of such notice are fury complied with The court may issue a temporary restrMning order with due notice to the defendant in such action. The plaintiff shall in any such Injunctive action post an adequate bond to be set by the circuit judge. Upon final hearing thereof, if the court is satisfied that the requirements of the notice by the department to the defendant were not unreasonable or arbitrary, it shall issue an order enjoining the awarding of such contract for a public works, or any further work or payments thereunder if the contract has been awarded, until the notice is fully complied with. Such injunction shall continue operative until the court is satisfied that the requirements of such notice have been complied with and the court shall have and exercise with respect to the enfbrcement'of such injunctions all the power in it in other similar cases. Both the plaintiff and defendant in such action have the.same rights'of appeal as are provided by law in other :r�ti{njunction��pTAceedings:o3ns��.; . 1a .� � +� ►�tN-­7—y- . 290.340. Penalty for violation.-Any officer, official, member, agent or representative of any public body, contractor or subcontractor who willfully violates and omits to comply with any of the provisions and requirements of sections 290.210 to 290.340 shall be punished for each violation thereof by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day such violation or omission continues shall constitute a separate offense as contemplated by this section. PUBLIC WORKS DURING EXCESSIVE UNEMPLOYMENT 290.550. Denriltions.-As used in sections 290.550 to 290.580, the following terms mean: (1) "Laborers from nonrestrictive states", 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 labor and industrial relations commission; (2) "Missouri laborer', any person who has resided in Missouri for at least thirty days and intends ' to become or remain a Missouri resident; (3) "A period of excessive unemployment", any month immediately following two consecutive ' calendar rnondis during which the level of unemployment in the state has exceeded five percent as measured by the United States Bureau of Labor Statistics in its monthly publication of employment and unemployment figures; (4) "Public works", projects defined as public works pursuant to section 290.210. 290.SSS. Law to apply to certain projects.-Sections 290.550 to 290.580 apply to all labor on public works projects or improvements, whether skilled, semiskilled or unskilled, and whether manu or nonmanual except work done directly by any public utility company and not let to contract. 290.560. Certain laborers to be used on public works projects, when-contract provisions-exceptlons.-Whenever there is a period of excessive unemployment in this state, every person who is charged with the duty, either by law or contract, of constructing or building any public works project or improvement for the state or any political subdivision, municipal corporation or other governmental unit thereof shall employ only Missouri laborers and laborers from nonrestrictive states on such project or improvement, and every contract let by any such person shall contain a provision requiring that such labor be used, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the contractor and approved by the contracting officer. 290.S6S. Law not to apply to certain personnel.-The provisions of sections 290.550 to 290.580 shall not apply to regularly employed nonresident executive, 'supervisory or technical personnel. 290,570,. Federal roje .statutes dote ar ed,, al ,%A two, "t�' pen ii�t�f fe8'era�aicrfunds se'ions 290.550 to 290.580 shall not be enforced in such manner as to conflict with any federal statutes or rules and regulations. ' 290.575. Penalties for fallure to use certain laborers, when.-Any person who knowingly fails t use Missouri laborers or laborers from nonrestrictive states as required in section 290.560 shall be guilty of an infraction. Each separate case of failure to use Missouri laborers or laborers from nonrestrictive states on such public works projects or improvements shall constitute a separate offense. 290.580. 1 to enforce taw-in De Department unctive relief, when.-Sections 290.550 to 290.580 shall P be enforced by the department of labor and industrial relations, which, as represented by the attorney general, is empowered to sue for injunctive relief against the awarding of any contract or the continuation:of any work under any contract for public works or improvements at a time when the provisions of sections 290.550 to 290.580 are not being met. 10 Rules of Department of Labor and Industrial Relations ® Division 30 - Division of Labor Standards Chapter 3 - Prevailing Wage Law Rules 8 CSR 30-3.010 Prevailing Wage Rates for Public Works Projects PURPOSE: This mle sers.furth prevailing wage requirements relative to work performed by .worhven on puhlic.funded projects. �1) A11 pub) bodics-of Missouri contem latin construction work must.obtain from P, ... P 8 di: `a .: ^ +k ,o i,a ti..,:v.J. 4. 1irw rog� ? t t p l erit,`an aiviiial u�age4ordcr +rliicli�`s�ts forth of�tbe�prMiltr'g iti'oo y ra e' f the locality. The rates so determined shall be incorporated in the contract specifications and made a part of those specifications, except that construction contracts of the State Highway and Transportation Commission need not list specific wage rates to apply, but may refer to the wage rates contained in the appropriate General Wage Orders issued by the department, as applicable. (2) Request for annual wage orders shall be initiated at least ten (10) calendar days before advertisement of the specifications for the contract for which the determination is sought. An exception from this provision will be made by the department only upon a proper showing of extenuating circumstances. The departmcnt has prepared and printed Form No. PW-3 for use in making a request. The form may be secured by writing Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102. (3) A project notification form PIA'-2 must be filed for each separate project by the public body, except the State Highways and Transportation Commission, which will be furnished prevailing wage determinations under General Wage Orders (4) The annual wage order issued by the department contains the current wage rates prevailing in the locality at the time the annual wage order is issued. Section 290.262.9., RSMo provides that the annual wage order for a particular occupational title may be altered once each year with an incremental increase. A public body shall specify in the call for bids for each ' contract the prevailing hourly rate of wages in the locality for each type of worker as set forth in the annual wage order or any replacement page(s) identifying the annual incremental increase issured by the department. The wage rates"attached to and made a part of the call for bids for a ' contract shall remain in effect for the duration of that particular contract. t (5) It should be understood by all interested parries that the certified prevailing wage rates determined by the department are minimum wage rates. The contractor may not pay less than the prevailing wage rates determined by the department for the project or contract awarded to him/her as set forth in the proposal on which s/he submitted his/her bid. Employees are free to bargain for a higher rate of pay and employers are free to pay a higher rate of pay. (6) Each month the successful bid contractors shall submit certified copies of their current payrolls to the contracting public body. The public body, Upon receipt of the payrolls on a project, shall keep the payrolls on file for a period of one (1) year from the date of submission of the final payrolls by the contractor. The payroll records shall set out accurately and completely the following- name and address of each worker, the class or type of worker, rate of pay, daily and weekly number of hours worked for each class or type of work performed, deduction made, and actual wages paid for each class or type of work performed by each worker. The payroll records shall be available at all times for inspection by authorized representatives of the Department of labor and Industrial Relations. (7) The public body shall make examinations of the payrolls and ocher records of each contractor or subcontractor as may be necessary to assure compliance-with the provisions of the law. In.connection with those examination teular attention should .be. o ,K,. ,;x, , t o ec6ess of lassifications'catid t' 9ispr p b a` em" lo'�°�`yma'i�'" , y`w�rs�. ,, , examinations shall be of a frequertcy that may be necessary to assure conformity with the provisions of the law. An examination shall be trade after-the project has been substantially completed but prior to the acceptance of the affidavit as required by section 290.290, RSMo. If any violation of sections 290.210 to 290.340, RSMo is discovered by the inspecting public body, its their duty under section 290.250, RSMo to withhold and retain from payments to the contractor all sums and amounts due and owing as a result of any violation. Any violation shall be immediately reported to the Division of labor Standards at P.O.Box 449, Jefferson City, MO 65102 or by telephone. Woodman Engineering Companv v. Butler, 442 glf2d 83 (Mo. .lpp. 1969). The function of revieging court in prevailing wage cases is to decide jthe determination of the commission was authori:cd by law and was supported by competent and substantial evidence upon the whole record. A decision clearly contrary to the evidence should be set aside. However, all pertinent evidence and factors must be considered in determining the applicable prevailing wage. City of Joplin v. Industrial Commission of Missouri, 329 SW2d 687 (Mo. en bane 1959). Administrative agencies do not have authority to determine constitutionality of legislation. Determination of prevailing wage earnings by commission must be based upon all current relevant factors. 2 8 CSR 30-3.020 Definitions PUIWOSE, 7hi.s rvle seis forth Me de;Tnition of certain terms for purpm(,.� of m.mancv and use of annual and general wage orders under the Prevailing Wage L.asl, sections 290.210 - 290.580, R.SJIfo and the r•ulcs in this Chapter. (1) 'The term constriction of public works generally includes construction activity as distinguished from manufacturing, furnishing of materials or servicing and maintenance work. The term includes, without hiniLation, the construction of building, structures and improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, tnains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levers, canals, dredging, shoring, rehabilitation and reactivation of plants, scaffolding, drilling, blasting, excavating, clearing and landscaping. The manufacture or furnishing of materials, articles, supplies or equipment is not construction of public works within the meaning of the Prevailing Wage Law unless conducted in connection with and at the site of construction. The term construction of public works also means all work done in the constriction or development 'of a public works project, including without limitation, altering, remodel ing,,demo]ishing existing structures, installation on the site of ,'".r S('4i✓i�i.,+'t+6lY � { niv1A+.M.?�'ir .•H,'#f (( 0.'1! fl j,! , r"L'+;vi.4{ •t.... t 1 tfic` on"`s�ructton of ttcrr�s tfabnca�e� off-stfe,painting `d decoratingAbe�trarispoiting-,of terials and supplies to or from the site of the' construction by -the employees of the construction contractor or construction subcontractor, and the manufacturing or furnishing of materials, Fe articles, supplies or equipment on the site of the construction by persons employed by the contractor or subcontractor. (2) The terns site of the building or construction job means the physical places(s) where the public works are to be constructed, and also means other adjacent or nearby property used by the contractor or subcontractor in that construction which can reasonably be said to be included in the site. Except as otherwise provided in this section, fabrication plants, mobile factories, batch plants, borrow pits,job headquarters, tool yards, and the like, are part of the site of the building or construction job provided they are dedicated in a substantial degree to the performance of the public works project, and are so located in proximity to the actual construction location that it would be reasonable to include them. The dedication of seventy-five percent (75%) or more of the output of a fabrication plant, batch plant, and the like, to the public works project raises a rebuttable presumption that such a facility is part of the site of the building or construction job. The presumption may be rebutted by evidence showing that the facility was established for other legitimate commercial purposes that make the facility useful well after the public works project has been completed. Not included in the site of the building or construction job are pemanent home offices, branch plant establishments, fabrication plants and tool yards of a contractor or subcontractor whose location and continuance in operation arc determined wholly without regard to a particular public works project. In addition, fabrication plants, batch plants, borrow pits,job headquarters, tool yards, and the like, of a commercial supplier or materialman ' which are established by a supplier of materials for the project before opening of bids and not on the project site are not included in the site of the building or construction job. The permanent, previously established facilities are not a part of the site of the building or construction job, even 3 where toe operations for a period of time may be dedicated exclusively, or nearly so, to the performance of a public works project. 8 CSR 30-3.030 Apprentices rand 'Frainees PURPOSE This rule sets forth the requirements for the payment of apprentice wages for workers employed on public Works.subject to the Prevailing Wage Law. (1) Journeyman's rate of pay shall be paid to all workers employed on public works construction except apprentices and trainees registered and participating in apprentice or trainee programs registered with the United States Department of Labor, Bureau of Apprenticeship and Trainutg; and apprentices and trainees registered and participating in apprenticeship and skill training programs certified by the Secretary of the United State Department of Transportation as promoting equal opportunity in connection with federal-aid highway construction programs. (2) Apprentices shall be permitted to work at less than the predetemiined rate for the class or type of work they performed when they are employed pursuant -to and individually gor.'Employmcni stered iin�a bona�fide,appreneiccshi* o far rt-gistirycpXi'th;thc,gnitp.d.$tates;Dcpartment of and Training Administration, Bureau of Apprenticeship and Training. The allowable ratio of apprenticeship to journeymen on the site of the construction for any class or type of workers shall,not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on the payroll at an apprentice wage rate,who is not reg;3tered or otherwise employed as stated in this rule, shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. In addition, those apprentices performing work on the site of the construction who are in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the class or type of work actually performed. Every apprentice shall be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate for the class or type of worker specified in the applicable wage determination, Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, apprentices shall be paid the full amount of fringe benefits listed on the wage determination for the applicable class or type of work performed In the event the Bureau of Apprenticeship and Training withdraws approval of an ,. apprenticeship program, the contractor shall no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the class or type of work perforated until an ' acceptable program is approved. (3) Trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the United States Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the,plan'approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate 4 r - specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage dote urination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program- If the traincc program does not mention fringe benefits, trainees shall be paid the fill amount of fringe benefits listed in the annual wage order for the applicable class or type of work performed. Any employee listed on the payroll at a trainee rate who is not registered and participating in a Training Plan ap,,,)roved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the annual wage order for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid-not less than the applicable wage rate on the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor 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 (4) Workers employed on federal-aid highway construction projects may be paid at an '. apprentice or trainee.rate of pay if enrolled in an apprenticeship or skill training program which has been certified by the Secretary of the United State Department of Transportation pursuant to 23 USC 113. 'In the event the Secretary of Transportation withdraws approval of a program, the contractor will no longer be permitted to pay workers less than the applicable predetermined rate for the work performed until an acceptable program is approved. Fe 8 CSR 30-3.040 Classifications of Construction Work PURPOSE: The Department of Labor and Industrial Relations has the responsibility under section 290.260, RSMo to determine the prevailing hourly rate of wages to be paid to workers rengaged in work of a similar character. This rule establishes clas#fications of construction work.for the department to use in determining the prevailing hourly rate of wages for work of a similar character. 1 All public worts construction for which the prevailing hour) rate of wages of f ) P � P 13 Y g workers are to be determined, shall be classified as either -- (A) Building onstruction; or g (B) Highway and heavy construction. ' (2) Building construction shall mean the following: (A) Building structures, including modification, additions or repairs, or both, to be used for shelter, protection, comfort, convenience, entertainment or recreation, or for protection of people or equipmea (B) Buildings at an airport project, such as terminal buildings, freight buildings and any other construction necessary for the operation of the airport facilities; (C) Stadiums, athletic fields, dressing rooms, bleachers and all other buildings needed in connection with an athletic or entertainment facility; (D) Entire buildings that arc built aboveground in connection with highway, subway or tunnel projects,such as tool stations or housing for mechanical equipment; (E) Excavation for the building itself, including backfiilin 8 inside and outside the building; F Storm and sanitary sewers inside, the buildin and to the curb line; O ry g , (G) Work in connection with telephone, electrical, water, oil, gas or fuel lines, or other utility or communication lines inside a building and to the curb line; (H) Sidewalks other than those that are poured in connection with a street or road project; (1) Driveways that are built to serve a building; ' (J) Parking lots connected to a building and all structures built as parking facilities; (K) Retaining walls built in conjunction with a building project; (L) Demolition of a building(s) as part of the site preparation for new building construction; (M) Landscaping of building sites or the planting of all shrubbery that is y.. incidental to building construction as defined in section (2); and (N) Work on water and wastewater treatment plants within the fence tine. (3) Highway and heavy construction shall mean the following: (A) Work in conjunction with roads, streets, parkways, alleys and highways including, but not limited to, grading, paving, curbing, signs, fences, guard rails, bridges, lighting, retaining walls and landscaping; (B) Work on viaducts, overpasses, underpasses, drainage projects, aqueducts, f irrigation projects, flood control projects, reclamation projects, reservoir filtration and supply projects, water power, duct lines, distribution lines, pipe lines, locks, dikes, levees, revetments projects, excluding work specifically defined as building construction; G Y (C) Work in connection with underground construction on tunnels and shaNS; (D) Railroad work in its entirety, including elevated railroads; (E) Main and side sewers; (F) Work in connection with airports, such as runways, roads and streets, but excluding that which is listed as building construction; (G) Work in connection with telephone, electrical, water, oil, gas or fuel lines, or any other utility or communication lines from (lie curb line; (H) Sidewalks when poured incidental to a street or road project; (1) Parking lots not incidental to a building constriction project; and ' (J) Demolition of all buildings as part of site preparation for any highway and heaVy construction as is otherwise defined in section'(3). ..•M(f' :4a:•.�pti:,'.t..rl�y:K,•�',�,5,lliF,.i{AS>'�'{N• 'C .ril,�.`+J �M, rAi• F s? .,.- .. '' ''��4�i• $'3: r`.`� 4±:J7:r r.rrt r .;. . ,;.1:a•.. ,l�1:.. .,.... t-' .�1,.-.,. v' :,,,. 8 CSR 30-3.050 Posting of Prevailing Wage Rates PURPOSE: This rule sets forth the requirements for the posting of prevailing wage rates on public works projects subject to the Prevailing Wage La vv, (i) Contractors and subcontractors engaged in public works projects shall pest the prevailing hourly rate of wages in a dry, accessible place within the field oflice at the site of the building or construction job. On public works projects for which no field office is needed or established, such as road construction, sewer lines, pipelines and the like, a contractor/subcontractor may post the prevailing hourly rates of wages at the contractor/subcontractor's local office or batch plant, so long as the contractor/subcontractor provides a copy of the prevailing hourly wage rates to any worker upon request. Prevailing hourly wage rates must be posted and maintained in a cleariy legible condition for the duration of ' the public works project as provided by law, ' 7 8 CSR 30-3.060 Occupation2l Titles of Work Descriptions PURPOSE: The Department of Labor and Industrial Relations is required to dctcrminc the prevailing hourly rate of wages to be paid to each worker engaged in construction on a public works project, relative to the type of work performed by each worker. This rule describes by occupational title the type of work performed in the construction of public works project in Missouri and sets forth the procedures to be followed in identifying cacti occupational title utilized on a public works project. (1) Each occupational title defines by name the type of work performed in the construction of a public works project. The description of work designated for a particular occupational title is not intended to be jurisdictional in scope or nature, and is not to be construed as limiting or prohibiting workers from engaging in construction work falling within several occupational titles. (2) Each occupational title of work description shall be based upon the particular nature of the . work.performed, with consideration given to those�trades, occupations or work'generally considci ed within the consttd6ion%indtistry as constituting a distinct etassifrcation-of work., In- '06,,:t".determining occupational..tities and.scope ofwork definitions,;thc,dopartmentshall.eansider following: (A)Collective bargaining agreements; (B)Dictionary of Occupational Titles, as published by the United States Department of Labor, and (C)Opinions of experts from organized labor and the opinions of contractors and contractor associations as they relate to the custom and usage applicable to the construction industry in iMissouri. ' (3)Any person wishing to add, delete or modify an occupational title of work description shall submit.to the director of the Division of Labor Standards a written request containing the proposed changes. Proposals shall contain the following information: (A) Occupational title; (B)A description of the physical duties to be performed by workers under the title; (C)A copy of any current collective bargaining agreements that are relevant to the proposal, if any; (D) Evidence of hours worked and wages paid while performing work under the title, including fringe benefits paid, if any;" (E) identification of the county(ics)where the work was'performed; g (F) Evioence that the proposed occupational title of work description is for a type or class of work that is commonly utilized by the construction industry on building or heavy and highway construction projects in Missouri;and (G)Other information concerning the proposed addition, deletion or modiftattion as the director of the Division of Labor Standards may deem advisable undcr the circumstancxs. (4) Interested panics who wish to submit wage information to be used in establishing the prevailing hourly rate of wages for a particular class or type of work are required to identify the work according to the applicable occupational title of work description set forth in this rule. Hours of work reported to the department shall not be used to establish the prevailing hourly rate of wages if the party submitting the hours of work fails to identify the work under one(1) of the occupational titles recognized by this rule. (5)Any question as to the proper classificatim of work should be resolved before the work in question is commenced. Interested parties are encouraged to contact the Prcvsiling Wage Section of the Division of Labor Standards for an interpretation of these rules and for a dtrlermination of ihe,appropriate occupational tide of work description, relative to the class or e of.worfc to be er � f3�iriv�al�4t�vl���°�l�+Sl�o'h+if+ " k ,�, t[�.�.�1t?I' � rfh@ti•�+t +�,Y t��?+�r � r ,�F+;. (6) The occupational titles and work descriptions for each type or class of work contained herein are valid throughout the entire state of Missouri. Through an objection to a wage order, an interested party may assert that any given description of work, as stated within this rule, does not apply to a specific occupational title(s) and that a different work description should apply to that occupational title(s). The interested party shall have the burden of proving by a preponderance of the evidence the inapplicability of the description of work within that particular occupational title, but shall be afforded the opportunity to do so in a hearing on an objection to the wage order before the Labor and Industrial Relations Commission. (7)Occupational titles of work descriptions may be obtained from the department by written request to the director of the Division of Labor Standards, P.O. Box 449, leffer'sorr City, MO 65102. (8)The occupational titles of work descriptions srt forth here are as follows: (A)Asbestos Worker/lient and Frost Insulator Applies to workers who apply insulation materials to mechanical rrystems to reduce loss or absorption of heat, prevent moisture ' condensation and to deaden sound and prevent vibration. The workers remove all insulation materials from mechanical systems unless the mechanical system is being scrapped. The work falling within this occupational title of work description includes: 1 1. The preparation, including the building of enclosures and hanging polyurethane,and physical distribution on the job site of asbestos,cork, plastic, magnesia or similar materuls,or other ' materials used as a substitute,and used as thermal insulation. The manufacture, fabrication, assembling, molding, handling, eroction, spraying,pouring, making, hanging. application, 9 adjusting, alteration, repairing, dismantling, reconditioning,corrosion control and testing of heat or frost insulation, such as asbestos, cork, mineral wall, infusorial earth, mercerized silk, flax, fiber, fire fclt, asbestos paper, asbestos curtain, asbestos millboard, fibrous glass, foarn glass, styrofaarn, polyurethane, polystyrene, metals, plastics, fibrous matter, roving and resins, and the erection of scaffolding up to fourteen feet (14% working platform; 2. The coverin;;, including encapsulation, of boit,rs, tanks, refrigeration units, evaporators, turbines, fittings, valves, ducts, flues, vats, equipment, hot and cold pipes or any other hot or cold surfaces with the insulation materials listed in this rule, used for the purpose of thermal insulation, fire stoppage, fireproofing, radiator protection, sound deadeners and the lagging (covering) on piping; and 1 3. The removal of all insulation materials from mechanical systems, unless the mechanical system is being scrapped, whether they contain asbestos or not (pipes, boilers, ducts, flues, brecchings), All cleanup required in connection with this work, shall include the scaling, labeling and dropping of scrap material into the appropriate containers:(Aflcr'drop, final disposal is considered to bt the class or type of work failing within the occtpational titic'of work description d is t-- 1� boar, cd a (B) Boilermaker—Applics to worker,-,who assemble, erect and repair boilers,tanks, vats and pressure vessels according to blueprint specifications, using handtools, portable power tools and equipment. The work falling within this occupational title of work description includes: 1. Locating and marking of reference points for columns on plates or foundations, using master straightedge, squares, transit and measuring tape; 2 Using rigging or cranes to lift parts to specified positions; 3. Aligning structures o r plate sections, usin g p lumb bobs levels, wedges, dogs or turnbuckles, 4. Drilling, reaming, chipping, caulking and grinding of structures and sections and bolting or welding them together; ' 5. Setting of drums and headers and installation of tubes; 6. Cleaning up as necessary in connection with this work; and 7. Riveting, acetylene burning, rigging, fitting-tap, impact machine operating, unloading and ' handling of material and equipment where power equipment and rigging arc required; (C) Bricklayers and Stone Alason--Applies to workers who prepare, lay, set, bed, point,patch, grout, caulk,cut, fit,plumb, align, level,,anchor,bolt or weld brick,stonc masonry,pt�=st aggregate panels and all types of artiliciai,or imitation.masonry. Also, the;workers install expansion joint materials in brick, stone masonry,precast aggregate panels and all types of artificial or imitation masonry. The work falling within this occupational title of work description includes: :10 1. The unloading of brick, stone masonry,precast aggregate panels and all types of artificial or imitation masonry where power equipment and rigging are required; 2. The masonry paving and rip-rapping of all types, with or without mortar; e 3. The reinforcing of inason ry, includin E placing, tying and setting of rods; 4. The application of insulation materials in or to masonry walls; S. The caulking of abutting masonry openings in masonry walls, expansion joints and false joints in all types of miaonry, 6. The waterproofing of all types of masonry; and 7.7he cleaning, tuckpointirip, sandblasting, steam cleaning and Gunite work on all types of masonry; (p) Car enter-- plies to worksr� w to,construct,;crect,install�and.rc,�r�irsttvctures,structural .'�:•. ',rs7lA`�drMi!tY�t"tt►l•��1�1*, •tYMM/•4"�M�itur" ti,�:B+dArY+'-. Nat;4..�...,.. ,..� t"" mcm�and fixtures made of wood, plywood, wallboard and materials that take the place of wood, such as plastic, metals, composites, fiberglass, and Transits sheeting and Ccrrresto Board, using carpenter hand tools and power tools. The work falling within this occupational title of work description includes: 4P 1. The layout of buildings or structures on the site or plot. The installation of aluminum expansion joints for buildings and bridge structure as well as concrete strike-off machines; 2.The making and setting of all concrete forms(except curb fomis on heavy construction), including establishment of building lines or flow lines(box culverts, bridges) including footing forms. The making of all forms used in tilt-tip construction. The layout, installation and construction for wall forms and footing forms, all block-outs, wood or steel, layout and r installation of all embedded items; 3. The building and handling of scaffolds used by carpenters to work from. All scaffolding, constructed or assembled, fourteen feet six inches (14'6") and higher for normal or specialty use—regardless of purpose; 4. The building of rough wooden structures, such as concrete forms, scaffolds, wooden bridges, ' trestles, coffer dams, tunnel and sewer support; welding and burning; S. The selection of specified type of lumber or other materials. Prepare layout, using Bile, ' framing square and calipers. Mark cutting and assembling lines on matcdals, using pencil,chalk. and rnerking'gauge.' Shape maierials to prescribed measurements, using saws,chisels and planes. Assembles cut and shape materials and fasten Ihc'm together with nails,:dowel pins or glue. ' Erect°framework for struciures:`Verify trueness of structure with plumb bob and carpenter's level. Apple decorative paneling to walls; Il r b. The installation of ladders, handrails, walkways, platforms and gangways made of wood as well as shoring and lagging. Install doors and wood and metal windows and bucks, including hardware (bucks arc rough franks in which finished frames are inserted) in building, framework and brace them with boards nailed to framework. Install pallet racks and metal shelving. Install subnooring in buildings. Install insulation such as bats, board, saving, thcmial, styrofoam, sound attenuation, fiberglass when the installation of the insulation material is not being applied as an integral part of the roofing system. Nail plaster grounds (wood of metal strips) to studding. Fit and nail sheathing on outer walls and roofs on buildings. Install beams and trusses of wood laminate; 7. 'The making, handling arid setting of all frames, sash, blinds, trim and other fixtures (for example, cabinets, bookcases and benches), whet) made of wood of any wood substitute. The handling and assembly of chairs, scats, bleachers and benches and other furniture in theaters, halls, schools and other places of assemblage on,floors of any kind. Install protection screens, chalk boards, toilet partitions (plastic laminate, solid plastic). Caulking of fixtures and countertops including Corian tub and shower enclosures; installation of wood and metal studs and;exterior pan cis; Y ,+a•. •v,; . .r i +, • , +„wi.w,,,:t,c.r�,ya'5...,M�tP rij'j��u);. t,(jy,r'uSfYqd,/�:M��'9.,+S�,;vy,tX4Y, 4,J,'����y�, . r 9. The handling, cutting, sawing, fitting of drywall (sl)ectrock) and lead-lined drywall whether for walls,ceilings, floors, soffits or any use, no matter how installed--nailed, screwed, glued or otherwise (interior, exterior). Lead-lined drywall is used in X rays to avoid radiation exposure, Install corner guards and wooden and plastic column covers; 10. The handling and installation of acoustical and egg crate ceiling systems in its entirety (hanger wire. grid, molding, tile)whether vertically or horizontally installed; ' 11. The installation of all builders hardware, including door tracks of every description. The installation of all weather strips. The making, fitting and hanging of fly screens for doors, windows and other openings; 12. Installation of wood and hollow metal doors rollu pgar-age doors, overhead doors or rolling fire doors, automatic doors, channel iron door bucks, glass sliding and bi-fold doors; and 13. The installation o f ac ce ss flooring, computer floors and raised or elevated floors. It stafl modular headwall units and laboratory casework and fume hoods; (E) Cement Mason---Applies to workers who perform work on concrete where finishing tools arc used. The work falling within this occupational title of work description includes; I. The setting of screeds, the rodding(buildings), shaping, smoothing and finishing of the surfaces of freshly poured concrete floors;walls, sidewalks, curbs, steps and stairways, the finishing of extruded barrier rails or any other concrete surface requiring finishing, using handiools or power tools, including floats, trowels, screeds and straightedge; 12 2. The removing of rough or defective spots from concrete surfaces, using grinder or chisel and hammer and patching holes with fresh concrete or epoxy compound preparatory to sacking; 3. The molding of expansion joints and edges, using edging tools,jointers and straightedge; 4. The application of penetrating scaler and primer protective coatings to concrete floors and steps when part of the finishing process; S. The installation of seamless composition floors and the installation and finishing of epoxy- based coatings or polyester-based linings to all surfaces, when the coatings or linings are applied by spraying or trowcling; 6. The sandblasting or water blasting for architectural finish or preparatory to patching; i oin! with concrete saw the control of racks in buildings and sidewalks 7. Tfic culling of s r c g , drivcways, a'nd curbs and gutters contiguous to buildings;and R. The selling f concrete curb gutter and sidewalk forms one I board hi to twelve,inches g r By ( ) 8h up. ., . .:!{,NIA(12rr1:M'@li.l^':SCI'ih•�f(t1,�r�1��i7�:U'4'};�'LTIfMSiC�y•,,t:•F.u�w' erYF.. ,..-, .. ,. 1.,..T.rrrv+�Cat'� . .. . ., ,,.i� . f;Hrti:��.�:J�%'t'Clryt.;,' ... . r r F Communication (Elec(ronic/Telecommunication) Tech nician--Applics to workers who install, inspect, repair and service electronic and telecommunication systerns. The work falling within the occupational title of Communication (Electronic/Telecommunication)Technician includes: 4P 1. Installing, repairing and servicing of radio, television and recording systcnis and devices; systems for paging, intercommunication, public address, wired music, clocks, security and surveillance systems and mobile radio systems; ire alarm and burglar alarm systems; 2. Wiring of low-voltage surface wiring and wiring to nonmetallic conduits and incidental shielded metallic conduit runs of no longer than ten feet (19) nor larger than one inch (I") when ' required,in conjunction with the work listed in this rule; 3. Installing, repairing, servicing, or a combination of these, of the Main Distribution Frame (MDF)where the permanent outside lines entering a building terminate and where the subscriber's line multiple cabling and trunk multiple cabling originate. it is usually located on the ground floor of building; 4. Installing, repairing, servicing, or a combination of these,of the Intermediate Distribution Frames(IDF), which provides flexibility in allocating,the subscriber's number to the line unit or equipment in the office that is to be associated with the particular line. These frames arc located on each floor of a building; S. installing, repairing, servicing, or a combination of these, of the subpanels(blocks). The subpancls are connecting devices where large feed cables terminate at the distribution frames; 13 r b. Installing, repairing common equipment or key scrvice unit, or a combination of these. This equipment consists of a backboard assembly and an equipment mounting frame, which are utilized for connecting external telephones; 7. Installing, repairing, servicing of the instruments, terminals and sets, or a combination of these. This equipment is at either end of a circuit, or at a subscriber's or user's terminal; B. Installing, repairing, servicing, or a combination of these, of the ancillary or add-on equipment such as bells, buzzers, spcakcrphones, headsets, automatic dialers, recorders; and 9. Installing, repairing, servicing of the telephone cable, or a combination of these. 'telephone cable includes: network channel service cable; riser cables tx;tween floors of a building; distribution cables installed on each floor of a building in the floor or the ceiling, and inside wires rbetween the telephone and the�'onncction to the distribution cable; (G) Electrician—Encompasses Two (2) Subclassifications as follows, Inside Wireman and Outside'Line Construct ion/Lincman: •.:...7.+ ..,.,,.,, h.;1C 16Et1e�et t<^i ++ '.(•f 4r lit• -A,WA1 ,1!"�*`%tiii�t.)•,"�:ft+'%t�4r i� ',,a'C.r':ra"t. -I � +.r� (I b'.�.' .'rl�'�11,+� +j':•,fgl;;rt':, . 'nslde wrrcman---App"Itcs -6 wor�ccts who are re onstble fbr mst9'ilatton, assemb'11, r construction, inspection, operation and repair of all electrical work within the property lines of any given property (manufacturing plants, commercial buildings, schools, hospitals, power FS plants, parking lots). This scope of work shall begin at the secondary site of the transformer when the transformer is furnished by the local utility and the service conductors are installed underground. When service conductors arc installed overhead in open air from wooden poles, this scope of work shall start immediately after the first point of attachment to the buildings or structures. The work failing within this occupational title of work description includes: A, Planning and layout of electrical systems that provide power and lighting in all structure;. This includes cathodic protection systems utilized to protect structural steel in buildings and parking structures; B. iiandling and moving of any electrical materials, equipment and apparatus on the job site where power equipment and rigging arc required; C. Welding, burning, brazing, bending,, drilling and shaping of all copper, silver, aluminum,angle iron and brackets to be used in connection with the installation and erection of electrical wiring ' and cquipmcnt; G. Measuring, cutting, bending, threading, forming, assembling and installing of all electrical raceways(conduit,wireways, cable trays), using tools, such as hacksaw, pipe threader, power saw and conduit bender; E. Installing wire in raceways(conduit, wireways, troughs, cable(rnys). This wire may be service conductors, feeder wiring, subfccdcr wiring,branch circuit wiring; 14 r F. Chasing and channeling necessary to complete any electrical work, including the fabrication and installation of duct banks and manholes incidental to electrical, electronic., data, fiber optic and tclocommumcation installation; G. Splicing wires by stripping insulation from terminal leads with knife or pliers, twisting or soldering wires together and applying tape or terminal caps; H. Installing and modifying of lighting fixtures. This includes athletic field lighting when installed on stadium structures or supports other than wooden poles, or both; 1. installing and modifying of all electricaUfibcr optic equipment (AC-DC motors, variable frequency drives, transformers, reactors., capacitors, motor generators, emergency generators, UPS equipment, data processiQg t ystams,tand annunciator�systems,whcre sotand is not apart thereof); J. Installing of raceway systems utilizing conduit, conduit bodies,junction boxes, device boxes for switches and receptacles.This also may include wiring'systems utilizing other methods-and `materials approved by+the�National Electrical Code(MC,cable,4ACicable pBK-orAexiblc.metal'':.r tubing or.cicctHcal nonmetallic tubing); K. installing of main service equipment, distribution panels, subpancls. branch circuit panels, motor starters. disconnect switches and all other related items; L. Installing and wiring of instrumentation and control devices as they pertain to heating, 4P ventilating,air-conditioning(HVAC) temperature control, energy management systems, building automation systems, and electrically or fiber optic operated fire/smoke detection systems where other building functions or systems are controlled; M. Installing onduit or other raceway greater than ten feet (10')when used for the following: fire g Yg alarm systems, security systems, sound systems, closed circuit television systems or cable television systems, or any system requiring mechanical protection or metallic shielding(telephone systems); N. Testing continuity of circuit to insure electrical compatibility and safety of components. This ' includes installation, inspecting And testing of all grounding systems including those systems designed for lighting protection; and O. Removing electrical systems, fixtures, conduit, wiring, equipment, equipment supports or materials involved in the transmission end distribution of electricity within the parameters of the building property line if reuse of any of the existing electrical system is required. This may include the demolition and removal and disposal of the electrical system; 2. Outside— tine construct ion/lineman —Applies to workers who erect and repair transmission poles(whether built of wood, trtetal or other material), fabricated metal transmission towers, outdoor subsianons, switch racks, or similar electrical structures, electric cables and related auxiliary equipment for high-voltage transmission and distribution powerlines used to conduct IS energy between generating stations, substations and consumers. The work (overhead and underground) falling within this occupational title of work description includes: A. Construction, repair or dismantling of All overhead and underground electrical installations. The handling and operation of all equipment used to transport men, tools and materials to and from the fob site. The frarning, trenching, digging: and backfrlling of vaults, holes and poles and anchors (by (rand or mechanical equipmenl), guying, fastening; to the stub-in on concrete footings or pads, assembling of the grillage, grounding of all structures, stringing overhead wire, installing underground wire, splicing and installation of transformers; and B. Construction and repair of highway and street lighting; and traffic signal sysicins, cathodic protection systems and ball field lighting systems; and C. Lineman opera lot'''operatcs equipment used on We outside line portion of a project. The lineman operator assists linemen in the performancc of their work but does not climb or work out of ahy type✓ of aerial lift equipment, The lineman operator does.not perform any work that requires the use of hand tools; Hit:,.r%d�"i1'(''�`>rMd1i►�'f1�act 11 11 Sri. "!'Cn +►t,r:«kilt,*.s.r+t-..er,n '017.y)r ,u +,� .at.tt'tW1r4#i�tdmn.�..:,,, D. Groundman - Work performcd on grow i'�'!o h `slst the JotrrneymOn outst�c-fine construction/)incman on work not energized. Groundrnen use jack hammers, air drills, shovels, picks, tamps, trenching equipment and other such tools for excavating and/or compacting dirt or rock on the outside line portion of a project but do not use hand tools; 3. The occupational title of electrician may include in a particular wage deterrninarion the subclassifications of lineman operator, groundman powder man, groundman, or any combination of these. pursuant to section (b). The description of work and corresponding;wage rates shall be established pursuant to the proceedings set forth in section (6); (H) Elevator Constructor—Applies to workers who assemble and install clectric and hydraulic PP Y freight and passenger elevators, escalators, dumbwaiters and moving walks. The work falling within this occupational title of work description includes: 1. The handling, unloading; and hoisting of all equipment to be assembled or installed by workers perfomiing work within this occupational title of work description, from the time that equipment nrnves at, or near the building site; 2. The wrecking or dismantling;of elevator plants, to include elevators, escalators, dumbwaiters, moving; walks and all other equipment to be reused and assembled or installed by workers performing work within this occupational title of work description; 3. The sinking, drilling, boring, digging,cylinder wells or backfrlling for hydraulic lifts, hydraulic elevators or screw lifts; . 4. The layout, erecting and assembling of all elevator equipment (for example, electric, hydraulic, steam, belt, compressed air and handpowcred elevators; dumbwaiters, residence clevators, parking; garage elevators); and the assembly of all escalators, moving walks and link belt carriers; 16 5. The crec ling! and assembly of all theater stage and curtain equipment and guides and rigging to them, organ console's and orchestra elevators; 6. The installing; of all wiring. conduit and raceways from the first point of attachment of main feeder terminals on fire controller to other apparatus and operating circuits, 7. The operating c;temporary cars; and 8. The installing; of all elevator enclosures, fronts, f'acias, sills, frames and bucks; (1) Glazier--Applics to workers who select, cut, prepare, handle, install or remove all window glass, plate and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, stifcty or protection glass,all types of insulating glass units,all plastics or other similar materials when used in place of glass and when set or glazed with putty, moulding rubber, cement, lead and all types of mastic, or other materials used in place of same. The w' or'kers performing work within this occupational title of work description install these materials in . windows, louvers, doors, partitions,skylights and on building fronts,welts;ceilings and tables, whclhcr(b at;�r4a��pre s 4; +Pe i,IStone,;ccrrgcnt Qr<rdetal' f;,all.-ty*pestoThc'`•work,-falling within the occupational title of work description includes: 1. Tire installing;of mirrors of all types; 2. The marking; of an outline or pattern on glass and cut glass with a glasscutter, 3. The breaking off'of excess glass by hand or with a notched tool; 4. The fastening; of glass panes into wood sash with glazier's points, and the spreading smooth of putty around the edge of panes with a knife to seal joints; 5. The installing; of metal window and door frames into which glass panels are to be fitted or sliding: windows. The bolting of metal hinges, handles, locks and other hardware to prefabricated glass doors; 6. The installing of mirror or structural glass on building fronts, walls, ceilings or tables, using , mastic, screws or decorative moulding; 7. The installing of metal-framed glass enclosures for showers, bathtubs and Skylights; and S. The installing, cutting and removal of all window glass, plate and all other types of glass, including structural glass, mirror glass, tempered and laminated glass, safety or protection glass, ' all types of insulating glass units, all plastics or other similar materials when used in place of glass and when set or glazed with putty, molding rubber, cement, lead and all types of mastic, or other materials used in place of same; 17 (J) Ironworker--Applies to workers who perform work in connection with field fabrication, erection, or both, installation, removal, wracking and dismantling of structural, architectural and reinforcing iron and steel, ornamental lead, brorue, brass, copper and aluminum, and plastics or other materials when used in place of them The work falling within the occupational title of work description includes: I. Structural. The unloading, erecting, bolting-up, plumbing-up, welding and mstallirg of structural steel, including any field fabrication; 2. Reinforcing. The unloading, carrying, placing and tying of all concrete reinforcing, such as re- bar, wire mesh, expanded rnctal or post tensioning cable (including the tension process)or prestress cables when installed on the job site; .3. Rigging, The unloading, moving, handling, placing and setting of electrical machinery and equipment when rigging or power equipment, or both, is used (with the exception of setting of e electric motors). The assembly and erection of radio and television and other structural steel tiiwc"rs(with`ihe dxception of electrical transmission (owers). .The unloading,.handling;moving towi,w-xa4,sand placing.of machinery to be asscmbled�Or, is a turd, rectedQr insta�l d o s�approximate, position (over the anchor bolts); 4. Windows. The installation of metal windows (with the exception of store fronts display windows), curtain walls and rnctal panels. The caulking of metal-10-rnctal joints and metal-to- brick; S. Doors. The erection of curtain type doors (overhead rolling-type doors), heavy industrial doors when made of metal, fire doors and exterior metal hinged doors that carry a fire underwriters label are erected by iron workers; 6. Sheeting and decking. The installation of sheeting which is attached to metal framework - including metal floor decking; 7. Metal buildings. The erection and installation of structural steel and sheet metal packaged 1 buildings when they come in a package unit, such as Butler, Delta, Varco Pruden or other name brand packaged buildings. The installation of all doors, windows and insulation (when installed in conjunction with sheeting) in the packaged buildings. The installation of metal siding and ' metal roof decking, regardless of the fastening method or the object to which it is fastened; 8. Elevators. The installation of elevator doom for gates manually operated and all elevator enclosures, fronts, facias, sills, frames and bucks; 9. precast. The unloading and instal tation/crection of precast bridge girders, single T's, double T's, top panels and'tilt-up stabs; and 10. Other. The installation ofall catwalks, stairways and hand rails made of aluminum,bronze or any type of metal, glass or plastic. The installation of ornamental iron, such as revolving doors, sates, handrails, window grills,jail and cell work and chain link fences. The installation of dry 18 storage bins, hopper~, chutes and conveyors where sand ore, coal or any dry component is stored or transferred. The crcclion, installation, removal, wrecking and dismantling of bridges, viaducts, cablcways, tramways, monorail transportation systems. Thr, erection, installation, removal, wrecking and dismantling of locks, gates, metal forms, railings (including pipe). The oration, install,ition, removal, wrecking and dismantling of frames in suppori of boilers. The intitallatinn of nicull siding and metal rorf decking,;, regardless of the fastening method, or the Object to which it i" fa';lcncd. The handling, burning, welding and tying of all materials used to reinforce concrcte structures. The installation and erection of 7V and microwave towers, self- supporting towers m guy towers. The installation of metal guardrails with metal posts and highway silcnal;c; (K) Loborer--A'onsists of providing routine manual labor. 1-his work encamhasscs sewerdl ctttirlassifications,will) the title and work description considered in light-of•whether the public works projcc•t per a.iws to building construction or hcavy/highway construction. 1. Building construction, The subtitles falling within the occupational title of work description .;r�:,.'j,'.+A•irit1.V,••+� fr lab•o. ar.e,r,«a.e rap(�tie.�.•b.leto�rb: u, i•l ding construction,m,. .e.;as,fp,'lp�ys• ,. Y'�,C'�!;,����c'4"I�G�a��t�A��jl;'�{�i�`�►1,�,A,cF,�I�jt'•il:.f►nf.+t�bl�" �?9:>, A General laborer. The wort: falling within this subtitle of work description includes: (1) Being included in one of the following categories: flagmen, heaters, material plant man, car)cmer tendc., landu•aper, signalman, wrecker(oWnew structures), form handier or posihole dipper, 4P (II) Cleaninl, :,nil clearing of all debris for all crafts, loading and unloading, conveying, distributing, construction material by hand and collecting and hoisting debris, backfilling, grading and landscaprn,' by hand; (11I) Covering of tanks, stntctures and material piles with tarpaulins or other materials. Cleaning of masonry and other type walls and windows. Signaling and hoisting concrete buckets and for all other inalcrial hiindled by workers falling within the occupational title of work description for lahorcr; (iV) Providing drinking water. Handling and cleaning of coneretechutcs. Cleaning ofconcreic spills and chipping where hand tools are required. Performance of work nocessm in remedying defects in concrete caused by leakage, bulging, sagging or shifting of forms when finishing tools are not used. Jackhammer and paving breaker, air compressors, motor buggies, pumps(retnoval of water), except scl-up men and nozzle men, chipping tool operator, concrete mixer operator (up to and including two(2)-bag capacity);and (V) Laying nonpressurizcd pipe for downspout drain lines, header lines or laying of non 1pressurized conduit, or a combination of these, for the carrying of storm water,wwtstc, sewage, gravity flow lines, catch basins and manholes, efpuet)t lines, originating outside the building and all those, lines originating inside the building at the first Y, T or connection outside the building; 19 ' B. rrrst semrskrll laborer. The work falling within this sublrlle of work description includes: hod- earners, plasterers and cement mason tenders (who assist bricklayer, plasterers and cement masons). The mixing, packinf;, wheeling and tempering of mortar and fire clay. J tic mixing, handling; and conveying; of all other materials used by bricklayers, plasterers and cement masons (for exarnple, brick, tile, stone and cast stone),whethcr done by hand or using, a forklift (walk behind or similar t)pes). buildings of scaffolds, trestics, boxes and swinging;staging for bricklayers, plasterers and cement masons, and C. Second semiskill laborer. 'I'hc work falling within this subtitle of work description includes: concrete pump set-up men and noz•r.lc men,'Aile layers and bottom men, on sewers and drains, cutting; torch and burning; har (deniolition), trench or pier holes twelve feet ( 1 T) or over, wagon dull, air track or any mechanical drill, powder rnan, tarnper, one hundred pounds (100 lbs.) or over, laborers working for mechanical and electric conlractors (including; but not linuted to 1 digging of all trenches, ditches, holes, paving ofconeretc and-cleaning of all-trash), paving breaker, jackhammer and vibrator, laser bearn man for sewer, grade checker for roads and railroads, asbestos removal (except mechanical syslems that arc not being scrapped and any. type ,of roofing;'whcrc the raof is to be relayed), hazardous waste rernoval, disposal work, or any com6ation'of ibCse; .�r;. .,r,�.•,,�r: .- u+)1�lUtrd� �tl�i'r�I't�.n���r+r(,wo;�il.xs�ia�t�t��aftt'ts.���ts 7'aA1�"Jt4b�aRl�rt'•f�Fr�V•yi�i`f'�'IOtrt`d!?�l��:rrrx'Jfi,;, :,:. • , 2. Heavy/highway construction. The subtitle falling;within the occupational title of work description for laborer, as applicable to hcavy/highway construction, are as follows: A. General laborer. The work falling; within this subtitle of work description includes: carpenters tenders, salamander tenders, dump man, ticket takers, flagman, loading trucks under bins, hop rcrs and conveyors, track rncn, cement handler, dump man on earth fill, Georgia buggie man, !. material batch hopper man, spreader on asphalt machine, material mixer man (except on man hold:), coffer darns, riprap pavcrs—rock, block or brick, signal man for materials handled by laborers, scaffolds over ten feet (10') not self-supported from ground up, skipman on concrete paving, wire mesh setters on concrete paving, work in connection with nonpressurizcd pipelines, such as nonpressured sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe:, tile and duct lines and other nonpressurizcd pipelines; power tool operator; work performed by hand in connection with hydraulic or general dredging operations, form setters (curb and gutter), puddlers (paving only), straw blower nozzleman, asphalt plant,platform man, chuck tender, crusher feeder, man handling;creosote ties or creosote materials, men working with and handling epoxy material(s), topper of standing trees, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, guardrail and temporary signs,pile dike and revetment work, all laborers working on underground tunnels less than twenty-fivc feet(25') where compressed air is not used, abutment and pier hole men working six feet (N)or more below ground, men working in coffer dams far bridge piers and footings in the river, Barco tamper, Jackson or any other similar tamp, cutting torch man, liners,curb, gutters, ditchliners, hot mastic kctticman, hot tar applicator, hand blade operators and mortar men on brick or block manholes;rubbing concrete, air tool operator under sixty-five pounds(65 ibs.), caulker and lead man, chain or concrete saw under,fifteen horsepower(IS HP). The unloading;, handling and carrying of concrete reinforcing bars, by hand, to the areas in which they arc used, wrecking, stripping;, dismantling;, cleaning, moving and oiling;of all concrete forms; digging;and laying sewer tile; and 20 B. Skilled laborer, 7-he work failing within this subtitle of work description includes: vibrator man, asphalt raker, head pipe layer on sewer work, batterboard man on pipe and ditch work, cliff scalers working from Bosun's chairs, scaffolds or platforms on dams or power plants over ten feet (10) high, air tool operator over sixty-five pounds (65 Ibs.), stringlinc man on concrete paving and the like, sandblast man, laser beam man, wagon drill, churn drill, air track drill and all other Similar type drills,jackhammers and other pneumatic hammers and tampers, Gunite nozzle man, pressure grout man, screed man on asphalt, concrete saw fiAce., (IS) HP and over, grade choc:ker, stringlinc man on electronic grade control, manhole builder, dynamite rnan, powder man, welder, tunnel man waterblastcr one thousand pounds per square inch (1000 psi) over, asbestos (except mechanical systems that flre not being scrapped), hazardous waste removal; disposal, or any combination of these: (L) Lather•-Applies to workers who erect horizontal metal framework to which laths,are fastrned,'uying nails, bolts, studgun, or a combination of these, drills holes in floor and ceiling and drives ends of wooden or metal studs into holes to provide anchor for furring.or rockboard laths. The occupational title of lather applies to workers who nail,,clip or fasten, all types of wood, wire and metal.laths,plasterboard; wallboard, rockboard, gypsum, sheetrock and ,. ..;' ;•.-.,;: ..,„r,,#acoustical.niatcrials,which takc.thG place afsame to walls,+ceilingsand partitions ofbuildingsao, t +irt provide supporting base for plaster, fireproofing or acoustical material. The occupational title of work description for lather applies to workers who erect all metal plastering accessories which arc covered or serve as ground, or both, guard, stock or screed for plaster materials, including wire mesh. The work falling within the occupational title of work description includes: 1. The installing of c.,rrying bars and purlins (pieces of horizontal timber), light iron and metal furring (thin strips of wood or metal to create air space) of all descriptions, such as rods, channels, flat iron, T-bar, H-bar and other ceiling bars or systents for the receipt of lath and board; Z. The wiring of plasterer channels to overhead structural framework to provide support for e plaster or acoustical ceiling tile; and 3. The nailing of plaster grounds(wood or metal strips) to studding to provide a guide for those workers perfonning work falling within the occupational title of work description for plasterer; (M) Linoleum Layer and Cutter--Applies to workers who measure, cut, sew, make-up and seam, tape, fit, lay and install and seat and wax materials to be cemented, tacked or otherwise applied to its base, wherever it may be. These materials may be used as shock-absorbing,sound- absorbing or decorative coverings, With the exception of terrazzo, magnesite and latex built-up floors, the materials include oil cloth, matting, linen, carpet,synthetic turf, linoleum, vinyl, plastic, rubber, cork, mastic, asphalt, mastipave, tile,, wood tile, interlocking and magnetic tile, ' chalk and bulletin board, nonslip.or abrasive materials, resilient, decorative seamless surface coatings, monolithic coverings(monolithic shall mean all resilient seamless material.such as epoxy, polyethylene, plastics and their derivatives,components,and systems)and all other ' resilient coverings on floors, walls, counters, table tops and ceilings. The work failing within the occupational title of work description includes: 21 ' e I. The handling of materials at the point of installation; 2. The performing of all necessary preparation and finish work, such as sweeping. scraping, sanding, or chipping dirt and irregularities from base surfaces and filling cracks with putty, plaster, or cement grout to form smooth, clean foundations, drilling holes for sockets and pins; 3. The installing of underlaymcnt, sanding and filling, fitting of metal edgin&%, r»clal corners and caps and fitting devices for attachment of these materials; 4. The spreading of adhesive cement over floor to cement foundation material to the floor, S. The laying of covering on cernent; and 6. The rolling of finished floor to smooth it out and press cement into base and covering; (N) Millwright—Applies to workers who design, build, or repair mills or mill machinery; hoist, dismantle, erect,assemble, line and adjust alt machines used in the transmission of power in buildings, factories or elsewhere: unload machines used in the,transmission of power in buildings, factorics.orelsewherc, whefep}v�rC{,�equ,pmcr{ � d,�tggi�ng �yrequ�ircd�ytttfAc�w�prk,,, falling within this occupational title of work description includes:`the scttt'ng of all classes of engines, direct drive motors, dynamos, turbines, generators and air compressors and pumps. The assembling, setting and packing of all compressors and pumps. The placing of all pulleys, sheaves and fly wheels on the listed equipment. The making and setting of all templates and bolts for all machinery requiring same. Drypacking for sole plates. Installation of truck and railroad scales. Installation of trash compactors. Installation of all types of conveyors. The cutting and threading of all bolts. The handling and operating of all acetylene and devices for heating, welding and cutting when used in connection with millwright work; (0) Operating Engineer—The workers who perform work falling within the occupational title of work description for operating engineer/portable and hoisting operate, monitor and control. repair, modify, assemble,erect, oil, service each or all electrically or electronically, hydraulically or any power-operated equipment. This occupational title encompasses several subclassifications, with the title and work descriptioni considered in light of whether the public works project pertains to building construction or heavy/highway construction. 1. Building construction.The subtitles falling within the occupational title of work description for ' operating engineer,as applicable to building construction,are as follows: A. Group I--This subtitle applies to workers who operate, monitor and control, repair, modify, ' assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power- operated equipment set forth as follows: crane(for example, crawler or truck); draglino--clam shell—gradall; Derrick(all types); skimmer scoop;power shave] or backhoe over one(1)cubic yard;pile driver(for example, land or floating); Whirlcy; mechanic and weidcr, hydraulic,self- propelled crane; stinger or cherry picker crane;,switch boat; concrete portable plant/concrete' mixer paver; cableways; 22 B. Group II—This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power. operated equipment set forth as follows: asphalt paver and spreader/concrete spreader; asphalt plant mixer operators; asphalt plant operator, backfillers; back hoc(under one (I)cubic yard); Barber-Green loader(similar type); blado—power, all types; boats--power, boilers; boring machine(all types, including tunnel boring); brooms---mower operated (all types); concrete Saw (self-propelled); chip spreader(front man); clef plane operators; combination concrete hoist and mixer such as mixormobile; crab. power operated; crusher rock; ditching machine; dozer/dredges; finishing machine; firemen on rigs; flex plane; floating machine; f6mi grader, greaser; hoist operator (all types); hopper--power operated; hydra hammer (all types); Lad-A- Vator—similar type; loaders---oII types, including skid-sleer (for example, bobcat); locomotives (all types); curb finishing machine; mucking machine; orange peels; pumps (all types); push cats; rollers(all types); scoops(all types-except skimmer sc6op); self-propelled rotary drill; air compressors(all types); side boom; sip'ho'ns,jets and jennies; welding machine; subgradcr, testholc machine, throttle man tractors over fifty (50) HP; air tugger with air compressor; anchor placing-barge;Athoy force feeder loader(self propelled); bull float;pipe cleaning/wrapping• machine; conveyor', heaters;fuel fired with forced air;quadtmck; tic tamper;'vibrating machine; 4,�mri.�' •!YSW �� -�,,��K�elldri�ling,machine,�forklift`(exeept'masotiry forklifl)!�.�`� .,�"f.�'�'� + �►r�a•.r�t��tu��� ��: ..,;..,...�-:�tM��r C. Group II1—This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all 'electrically or electronically, hydraulically or any power- operated equipment set forth as follows: tractors (under fifty (50) HP); distributor (bituminous); scissor lift; small machine(operator); mud jack; winch truck operator; pug mill operator, elevator-push button; A-frame truck; mixers; oilers; D. Group III-A— This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power-operated cquipmcnt set forth as a masonry forklift; E. Group N--This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power- operated cquipmcnt set forth as a self-propelled floor sweeper; and F. Group V--This subtitle applies to workers who operate, monitor and control, repair, modify, ' assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power- operated equipment set forth as follows: elevator---auto; air pressure oiler; air pressure engineer. 2. Heavy/highway construction. The subtitles falling within the occupational title of work description for operating engineer,as applicable to heavy/highway construction,are as follows: ' A.Group I--This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect,oil, service each or all electrically or electronically, hydraulically or any power- , operated equipment set forth as follows:asphalt finishing machine and trench;widening spreader; asphalt plant console operator; autograder; automatic slipfomi paver; backhoe; blade operator (all type-0. boat operator(all types); boilers--two (2); central mix concrete plant operator; clanishcll operator; concrete mixer paver; crane operator; Derrick or Derrick trucks; 23 ' ditching machine; dozer operator, dragline operator; dredge booster pump; dredge cngincinan; dredge operator; drill cat with compressor mounted on cat; drilling or boring machinc rotary self- propelled; highloader including; skid steer(for cxamplc, bobcat); hoisting engine two (2) active drums; launchhanimer wheel; Iocomotive operator—standard gauge; mechanics and welders; mucking machinc; piledriver operator; Pitman crane operator; push cat operator; quadtrack; scoop operator----all types; Shovel operator; sideboorn cats; skirnnter scoop operator; trenching machinc olicra;or; truck crane; B. Group 11—This subtitle applies to workers who operate, monitor and control, repair, modify, assemble, erect, oil, service each or all electrically or electronically, hydraulically or any power- operated equipment set forth as follows: A-frame truck; asphalt hot mix silo; asphalt plant Fireman, drum or boiler; asphalt plant mixer operator; asphalt plant man; asphalt roller operator, backftllcr operator; Barber-Grcene loader;,chip spreader; concrete mixer operator, skid loader; concrete plant operator, concrete pump operator; crusher operator, dredge oiler; elevating grader operator; forklift; greaser--fleet; hoisting engine---one (I); locomotive operator---narrow gauge; multiple compactor, pavement breaker; powerbroon1--fe' lf-propelled;power shield; rooter, side discharge concrcte'spreader,'slip Yorm'finishing tywhinc; stumpcutter machinc; throttle man; . tractor,operator,;,-overfty�50) HP� rinch, rkisrcl;ir ; �� ►xtfr:�c�,�•.<,,k. ,;,�_ � �,: ,..;:f C. Group 11--This subtitle applies to workers who operate, monitor and control, rc it moth P PP P � Pa fy, asscmblc, erect, oil, service rich or all electrically or electronically, hydraulically or any power- operated equipment set forth as follows: boilers—one (1); chip spreader (front man); chum drill operator; clef'plane operator; concrete saw operator seIf-propelled; curb finishing; machinc; distributor operator; finishing machinc operator; flex plane operator; float operator; form grader operator. pugmill operator; roller operator, other than high-type asphalt; screening; and washing plant operator; siphons and jets; subgrading machinc operator; spreader box operator, self- ' propelled (riot asphalt); tank car heater operator--combination boiler and booster; tractor operator fifty (SO) HP or less: Ulmac, Ulric or similar spreader; vibrating,machinc operator, not hand; D. Group iV—This subtitle applies to workers who operate, monitor and control, repair, modify, asscmblc, erect, oil, service each or all electrically or electronically, hydraulically or any power- operated equipment set forth as an oiler; and E. Oiler-driver---This subtitle applies to workers who operate, monitor and control, repair, ' modify, assemble, erect, oil, service cacti or all electrically or electronically, hydraulically or any power-operated equipment set forth as follows, fireman--rig; maintenance operator; ' (P) Painter--The work falling within the occupational title of work description for painter includes: 1. Preparation of surfaces. The washing, cleaning, pointing and taping of drywall, regardless of material used, and smoothing of surfaces, using sandpaper, bn,shes or steel wool. The removal of old paint or other coatings from surfaces, using paint remover, scraper, wire bnishing, sandblasting, water blasting, liquid steam or by any other similar process. The filling of nail holes, cracks and joints with putty, plaster or other fillers; 24 2, Color matching and mixing. T%re application of paint, varnish, stain, enamel, lacquer, vinyl, wallpaper and other materials of whatever kind of quality applied to walls or ceilings with paste or adhesive, using brushes, spray gun (spray painter) or paint rollers. The application of polyurethane clastomcrs, vinyl plastics, neoprene, resin, polyester and epoxy as waterproofing or e protective coatings to any kind of surface (except roofs)when applied with bnrshes, spray guns or rollers; 3. Texturing and decorating. The erecting of scaffolding or setting up of ladders to perform the work above ground level. The paperhanging of walls and ceilings with decorative wall coverings made of fabric, vinyl or paper. ne preparing of the surface to be covered by applying sizing, which seals the surface and makes the covering stick better. The removal of the old covering by soaking, steaming or applying solvents. The patching of holes and other imperfections before applying the new wall covering. The measuring of the area to be covered; the cutting of the r covering into strip,,• of the proper size, the checking of the covering for flaws and the examination of the pattern so it can be matched when the strips are hung. The preparation of paste or other adhesives apcording to manufacturers' directions,and,the brushing or rolling it on the covering. The placing of i}ie strips on the wall or ceiling,'to.match adjacent patterns. The smoothing of the •:, � ���- � ►stttips to:'rcmovclbtlbbles tend wrinlcJcs;�the"tHnIM rig of thb fop aril bo11om with"a'razor blade and the painting or taping of highway striping, or both; and 4. Cleanup. The cleanup of tools and equipment required in connection with work falling within this occupational title; (Q) Plasterer---Applies to workers who apply gypsum:, Portland cement, stucco, imitation stone and kindred materials and products to interior walls, ceilings and partitions and to exterior wails of buildings,and finish those materials and products. The work falling within the occupational title of work description includes: 1. The spreading of plaster over laths, masonry or any other base, using trowel; and smoothing the plaster with darby and float for uniform thickness; 2. The application of the various manufacturers' brand names of thin coat or plaster veneer; 3. The application of all bonding agents and mastical; e 4. The roughing of undercoat with wire or metal scraper to provide bond for succeeding coat of plaster; 5. The application of all malleable plastic materials and epoxy materials; 6. The setting in place of plasterboard, insulation board, Styrofoam and bead-board, ground, locks, patent dots, cork plates, brownstone and acoustical tile, fiberglass reinforcement and finished products; 7. The plastering of joints, nail holes and bruises on wallboard; 25 8, The grouting and filling of door bucks, runners and similar installations, in conjunction with plastering operations; 9. The application of scratcheoat, browneoat and finish coat of plaster to wood, metal or board laths successively to all ceilings and walls when finished with terrazzo or tile, and the application of any plastic material to same; 10. The fireproofing of all building assemblies with plaster materials, sprayed fiberglass or similar materials, whether applied to gypsum, metal lath or directly; 11. The application of crushed stone, marble or ceramic chips and broken glass where embedded in pl&sfcr, or similar materials; 12.'Thc placing of acoustic blocks with any plastic material, regardless of thickness; 13. The placing, by any method, of plaster or composition caps and ornaments; .i1 a. The,creating of decorative textures in finish coat by marking surface of coat with brush and ,., trowel or.by spattering it with small stones (stucco')Where plastering'cgtiip'mcnt'or,tnatorials or � both, arc used; and 15. The operation and control of all types of plastering machines, including power trowels and floats; (R) Plumber--Applics to workers who install and repair domestic potable water lines, gravity waste disposal systems inside the curb or fence lines, plumbing fixtures such as: bathtubs, sinks and toilets,--and appliances such as, dishwashers and water heaters. The work falling within the toccupational title of work description for plumber includes: 1. Assembling and installing. piping systems, fixtures and equipment for the transportation of domestic water and sewage, Piping systems installed in structures(for example, buildings, industrial plants) to the first Y,T or connection located outside the building; 2. Cutting. threading and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding,brazing and caulking or any other method of making joints in the plumbing industry; 3. Asscmbling, installing and repairing valves,pipe fillings and pumps. Testing the piping system. Installing and repairing plumbing fixtures, such as sinks, bathtubs, water heaters and water softeners; and 4. Cutting holes in floors and walls for pipes with point and hammer,core dri ll, or both; S Pile Driver The work falling within the occupational title of work description for ile d ) P p driver includes: 26 1, The handling, layout, driving, cutting and splicing of wood, metal or concrete piling regardless of purpose (for example, sheets, I•beams, pile caps and welding to piling); 2. The assembly, disassembly and rigging of the pile driving equipment; and 3, The conduct of underwater diving that is incidental to pile driving work; (T) Wipe hitter----Applies to workers who fabricate, install and repair piping systems to include; water and waste processing systems; heating and air-conditioning systems, pneumatic controls and pneumatic delivery systems; powerhouse and all pressurized piping systems; gas, oxygen systems; gasoline systems not for public s<iIe. The work felling within this occupational title of work description includes: 1. Piping systems installed in stnictures (for example, buildings, industrial plants and the like); 2. Cutting, threading and bending pipe. Joining pipes by use of screws, bolts, fittings, solder, welding and caulking, or any other method of making joints in the pip6ming industry; � �!1 :{�j f 1d� +.eke'vlf:jMi'.{l;h'%.1"�.771•'...i `i.v t /:� •Y..r';::. �:���,'f'',r;;� it �'%�n .,��r .« ti •.•'-.:.�.iit " '' 3scntbfing, testa I , arcpatnng valves, pipe fittings and pumps. Testing the piping system. Cutting holes in floors and walls for pipes with point and hammer, core-drill, or both; 4. Installing of distribution lines (for example, water mains, sewer mains, oil and gas lines); S. Welding of steel pipe joints and joining pipes with screws, bolts, fittings, solder, caulking or any other method fur making joints in the industry; and 6. Joining ductile iron and plastic pipes by using any method for making joints in the industry, when the pipe will be under pressure.; (U) Roofer/Wmerproofer--Applies to workers who apply and install any kind all types of roofing materials, other than sheet metal. The work falling within this occupational title of work description includes: I. The installation ofslate and tile and all substitute materials taking the place of slate and the r used for roofing including flat or promenade slate, with necessary metal flashing to make water- tight; 2. The cementing in, on or around slate and file roofs. The laying of felt or paper beneath the slate and tile. The dressing, punching and cutting of all roof slate or the either by hand or ; machinery; .The installation of all forms of plastic, slate, stag, gravel; asphalt and composition roofing; ; rock asphalt mastic when used for damp and waterproofing;prepared paper,compressed paper rind chemically prepared paper, and burlap with or without coating. The installation of all damp resisting preparations regardless of the method of application in or outside of building. The 27 r installation of damp courses, sheeting or coating on foundation work and tarred roofs. The laying of the tilt or brick, when laid in asphalt or pitch tar; 4. The installation and application of new materials used in roofing, water-proofing, ' encapsulation and containment process including all forms of elastomeric or plastic (clastoplastic), or both, roofing systems, both sheet and liquid applied, whether singlc-ply or multi-ply. The installation of aggregates or stone, used as a ballast For inverted roofing membrane assembly, or roof of similar construction where insulation is laid over the roofing membrane. The scaling and caulking of scams and joints on these elastoplastic systems to insure water-tightness. The applying of liquid-type eiastoplastic preparation for roofing, damp or waterproofing when applied with a squeegee, trowel, rollcr or spray equipment whether applied inside or outside of a building. The priming of surfaces to be roofed, damp or waterproofed, whether done by roller, mop, swab, three(3)-knot brush or spray systems. The waterproofing of all types of preformed panels; ,5. The application of all types of spray-in-place such as urethane or polyurethane, and the coatings that arc applied over them; �.�:Tt ca, .,�Iicatior of roof ' ,• .;.: �:• , .,,, ,. ... ., �s,:... ,;,. .r�•��:•<��•.,� ' PP insulation,whcri tiie tnsulation'maicrial�is applied as ari'uitegra pan of the roofing system, whether the insulation material is applied as the first, last or any other layer in between; Fe7. The operation and servicing of all kettles, bulk tankers, stationary heating tankers and other types of equipment and tools used to accomplish this work (including heating systems for the operation of the equipment); and compressors for applying roofing material components, roof and mop carts, hydraulics, tools and equipment, be it hand or power, needed to apply waterproofing, insulated and roofing materials; ' 8. The handling, hoisting and storing of all roofing, damp and waterproofing materials; and 9. The tear-off, removal, or boil), of any type of roofing, all spudding, sweeping, vacuuming, cleanup, or a combination of these, of any areas of any type where a roof is to be relayed; (V) Sheet Metal Worker---Thc worst falling within the occupational title of sheet metal worker includes; 1. The handling, conditioning, assembling. installing, servicing, repairing, altering and dismantling of the duct work for the heating,ventilation and air-conditioning systems regardless ' of the materials used and the setting of all equipment and all supports And reinforcements in connection with the system; ' 2. The installation of expansion and discharge valves,air filters, and water filters in hating, ventilation afi&air-conditioning systems; 3. The testing and balancing of air-handling equipment and duct work; 28 4, The forming, rolling, drawing, stamping or pressing of sheet metal shingles, sheet metal tile, sheet metal brick, sheet metal stone and sheet meta) lumber, when specified for use as roofing, siding, waterproofing, weather proofing, fire proofing or for ornamental or any other purpose; 5. The performing of sheet metal work specified for use in connection with or incidental to stales, domes, minarets, look outs, dormers, louvers, ridges, copings, roofing, decking, hips, valleys, guticrs, outlets, roof flanges, flashings, gravel stops, leader heads, down spouts, mansards, balustrades, skylights, cornice moulding, columns, capitals, panels, pilasters, mullions, spandrels and any and all other shapes, forms and design of sheet mctal work specified for use for waterproofing, weatherproofing, fire proofing, ornamental, decorative or display purposes, or as trim on exterior of the buildings; ti. The.instaliinp of sheet metal ceilings with cornices and mouldings of plain, ornamental, enameled, glazed or acoustic type; 7. The installing of side walls, wainscoting of plain, ornamental, enameled or glazed types, including sheet metal tile; . stn:', 'X.!'s'rw�• i k' o •t` .4 a !'�.W,n ':, 'a,r ,. ., a rf ,.:r,: ., .,. , ,,: . r �iiMR'bA9M•t4'!t'•'i�t�}►+W'f'►t�>littP�l�}it�i�"•PfiS�i!'1xICi�l`d, �'tl'i rd's�.,�:�"'fit#.i:;1►tt�'s. t`.`` r'..' ,k: ., -•,{.,.f':. �. 8. The application of all necessary wood or metal furring, plastic or other materials, to which they are directly applied; 9. The performing ofsheetmct.al work specified for use in connection with or incidental to direct, indirect or other types of heating, ventilating, air-conditioning and cooling systems (including 4P risers, stacks, ducts, S strips, fittings, dampers, casings, recess boxes, outlets, radiator enclosures, ' exhausts, ventilators, frames, grisses, louvers, registers, cabinets, fans and motor~); 10. The air washers, filters, air brushes, housings, air-conditioning chambers; 11. The setting and hanging of air-conditioning units, unit heaters or air-veyor systems and air handling systems regardless of material used; is 12. The assembling and setting up of all cast iron parts, warm air furnace,all stoker, gas and oil burner equipment used in connection with warm air heating, all sheet metal hoods, casings, wall stacks, smoke pipes, trunk lines, cold air intake, air chambers, vent pipes, frames, registers, dampers and regulation devices; 13. The installing of equipment utiliz,(A in the operation of kitchens including ranges,canopies, steam tables, work tables, dishwashers, coffee urns, soda fountains, warming closets, sinks, drainboards, garbage chutes, incinerators and refrigerators; ' 14, The installing of tubing,pipes and fittings, used in connection with or incidental to coppersmiihing work. The installation of fume hoods, metal toilet partitions, metal lockers, plain metal shelving; and I S. The handling, moving, hoisting and storing of all sheet metal materials on the job site, where power equipment And rigging are required; 29 !j (W) Sprinkler Fitter---Fire Protection---Applies to workers who perforn) the installation, adjustments and corrections, repair and dismantling of all fire protection and fire control systems and the installation of all fire piping for tubing,appurtenances and equipment. The work falling within the occupational title includes: The handling and installation of all piping and appurtenances pertaining to sprinkler equipment, including both overhead and underground water mains, fire hydrants and hydrant mains, standpipes and hose connections to the sprinkler systems, sprinkler tank heaters, air lines and thermal systems used in conne,11on with sprinkler and alarm systems, tank and pump connections, and fire protection systems using rnulsifyre, spray, water, fog, carbon dioxide(CO2), gas and foam and dry chemical systerras; (X) Terrazzo Worker-hlnrble Mason­-The workers performing work falling within the occupational title of work description for terrazzo worker-marble mason includes: 1. The installatiog of marble, mosaic, venetian enamel and terrazzo; the cutting,and assembling of mosaics and an ceramics; the casting of all terrazzo on the job site; all rolling of terrazzo work; 2 he nrc�1ar�n cuttingaycrin�o�sc �pg o �newl composition or,��odcn strip sand. ounds t,.W1..3 y,�,:/,� .p w. ..,�� . . tt in 1 ., -y,:. J !,r , « !v. ,� �n+ t"',�,;4���::��+! ,.9Y;►a th uNPa.t! . eel Ittf,,g�,IrS ••� ;,,.,:,rl} '"r,;'•N„ ...: on all bedding above concrete floors or walls; and the faymg and cutting o�'mctal, strips, or other reinforcement, where used in terrazzo work; 3. The installing of ccrncrat icrrazzo, naagnesite terrazzo, dex-o-tex terrazzo, epoxy matrix terrazzo, exposed aggregate. Rustic or rough wash of exterior or interior of buildings. The mixturing or applying of any other kind of mixtures of plastics composed of chips or granules of marble, granite, blue stone, enamel, another of pearl, quartz, ceramic colored quartz and all other kinds of chips or granules when mixed with cement, rubber, neoprene, vinyl, magnesium chloride or any other resinous or chemical substances used for seamless flooring systems. The applying of binding materials when used on walls, floors,ceilings, stairs, saddles or any other part of the interior or exterior of the building, or other work not considered a parr of(lie building such as fountains, swimming pools; 4. The finishing of cement floors where additional aggregate of stone is added by spreading or sprinkling on top of the finished base and troweled or rolled into the finish and then the surface ground by grinding truachincs (When no additional stone aggregate is added to the finished mixture, even though the surface may be ground, the work falls within the occupational title of ' work description for cement masons.); and S. The carving, cutting and setting of all marble, slate, including slate backboards, stone, ' albcreen, carrara, sanionyx, vitrolite and similar opaque glass, scaglioa, inarblciihic and all artificial, imitation or case marble of whatever thickness or dimension. This shall apply to all interior work, such as sanitary, decorative and other purposes inside of buildings of every description wherever required, including all polish, honed or sand finish; (Y) Tile Setter--Applics to workers who apply fife to floors, walls, ceilings, stair ircads, promenade roof decks, garden walks, swinuning pools and all places where tiles may be used to fortrt a finished surface for practical use, sanitary finish or decorative purpose. (Tile includes all 30 burned clay products, as used in the file industry, either glazed or unglazed, all composition materiels; all substitute materials in single units up to and including, fifteen inches by twenty inches by two inches (15" x 20" x 2") (except quarry tiles larger than nine inches by eleven inches (9" x I I") and all mixtures in the forni of cement, plastics and metals that arc used as a finished surface.) The work falling within this occupational title of work description includes: 1. The cutting and shaping of file with saws, file cutters and biters; and 2. The positioning of the and tapping it with a trowel handle to affix file to plaster or adlleslve base; and (L) Truck Drivcr••T'enrnster/T'rsiffle Control Service Driver -The workers who perform work falling within the occupational title of work description for truck driver-teamster includes the operation, repair and servicing of mechanical equipment. This occupational title encompasses several sub-classlftcaflons, with the title and work description considered in light of whether the public•works project pertains to building construction or heavylhighway construction: j�pgiIding lggpn (ruction; Tiaesubdties A ing withi;n�thptoccupatjonaijiIle,.of Vgrk,description for truck driver-tcamstcr, as applicable to building}constnrrtion, arc as fo!)rnws A. Group I - This subtitle applies to workers who operafc, monitor, control, repair, jnodif},, assemble, erect, oil and service the following equipment: Flat Tied Trucks Single Axle, Station Wagons, Pick-up Trucks, Material Trucks Single Axle, Tank Wagon Single Axle; B. Group 11 - This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipment: Agitator and Transit Mix-Trucks; C. Group 11.1 - This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipment: Flat Bed Trucks Tandem Axle, Articulated Dump Trucks, Material Trucks Tandem Axle, Tank Walton Tandem Axle; and D. Group V - This subtle applies to workers who rate monitor, control r air modify. p PP 1� � � � , y. assemble, erect, oil and service the following equipment: Semi and/or Pole Trailers, Winch, Fork and Steel Trucks, Distributor Drivers and Operators, Tank Wagon Scmi-Trailcr, Insley Wagons, ' Dumpers, Halt-Tracks, Speedace, Euclids and other similar equipment, A-Frame and Derrick Trucks, Float or Low Boy and Boom Truck, 2. Heavy/Highway Construction. The subtitles falling within the occupational title work description for truck driver-Teamster, is applicable to heavy/highway construction, are as follows: A. Group 1 - This subtitle applies to workers who operate, monitor, control, re 1air, modify, assemble, erect, oil and service the following equipment: Flat Red Trucks Single Axle, Station Wagons, Pick-up 'Trucks, Material Trucks Single Axle, Tank Wagon Single Axle; D. Group 11 - 'this subt;lle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipillent: Agitator and 'Transil Mix-Trucks; 31 C. Group III - This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipment; Flat fled Trucks Tandem Axle, Articulated Dump Trucks, Material Trucks Tandcm /axle, Tank Wagon 'Tandem Axle; and 1 D. Group IV - This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipment: Semi and/or Pole Trailers, Winch, Fork and Steel Trucks, Distributor Drivers and Operators, Tank Wagon Sari-Trailer, Insley Wagons, Dumpsters, Half-Tracks, Speedace, Euclids and other similar equipment, A-Frame and Derrick Trucks, Float or Low Boy and Boom Truck, 3. The workers who perform work failing within the occupational title of traffic control service driver include; A.-The delivery, installation and pick-up of traffic control devices; B. The unloading and.installation of barricades, plastic channelizer darns, safety cones and teinporay flashing lights not to exceed one hundred fifteen (115) volts; ­­',&vJkcgularrperiod1c inspections to assure.that traffic control,devices are,clean, clearly visible and properly positioned. Inspection grid maintenance iricludcsieplacingbattcrks'arid bu i"I11"t lights, cleaning reflective material and lenses and repairing or replacing damaged or missing devices when incidental to and part of a public works construction project; and D. Removal of all traffic control devices by loading their on a truck and driving them to a storage yard where they are unloaded. 32 LABOR REGULATIONS OF MISSOURI as published In the Missouri Codo of State Regulations Title 8 - Department of Labor and Industrial Relations Division 20 - Labor and Industrial Relations Commission Chapter S - Rules Relating to (11) At the hearing, any party may be represented by nn Objections to Wage Orders, Including attorney-at-law, only nn attorney, licensed to practice in Prevailing Wale Determinations and Missouri, may appear in a representative capacity. A person whose conduct is detrimental to the proper and orderly con- Occupational 'Title of Work L)escriptions duct of the heat ings may be excluded frorn the hearing room by the commission or designaicd representative, The commis- 8 CSR 20-5.010 AbJectlons and Hearing by or its designated representative may examine any party or PURPOSE, This rule specifiers procedures for ftling objc,- witness. Any hearing may be adjourned or postponed or eon- tions to wage orders, including prevailing rage determina• tinued from time-to-time or place-to-place at the discretion of lions and occupational title of work de.criptions, and !tear.- the commission or its designated representative. ings on objections by the commission. (3) Prchearing Conference. (1) Objections.'.Within`thii• "(30)`days'after the certified (q) Before any hearing, the commission, at its discretion, copy of a wage order has been filed with the secretary of state may direct the parties or their attorneys to appear before it for and the commission, any person who may be affected by the a conference to consider-- wage order may object, in writing, to the-wage order, or any art thereof that the party considers objectionable by filing the 1. The simplification of the issues; bjections in triplicate with the commission. If the objection is . The possibility of obtaining admissions of fact and doc- to a wage rate, the objector shall set forth in writing, the spe- uments which will avoid unnecessary proof; cific grounds of objection and not merely a conclusion that the wage rate is too high or too low, but shall set out in detail how 3. The limitation of the number of witnesses; the objector reaches the conclusion that the rate is either too 4. The prefiling of sworn, direct testimony and supporting high or too low. If the objection is to an occupational title of documents; and work description, the objector shall set forth in writing the specific grounds of objection and not merely a conclusion that S. Such other matters as may aid in the disposition of the e an occupational title of work description is incorrect,but shall hearing. set out in detail how the objector reaches the conclusion that (B)The commission, or its designated representative,shall the occupational title of work description is incorrect. At the prepare an order which recites the action taken at the confer- time of filing the objection a copy shall be furnished to die cnce and the agreements made by the parties as to any of the Division of Labor Standards. Within thirty (30) days of the matters considered. 17te order will limit the issues for the receipt of the objection, the commission shall set a date for a hearing to those not disposed of by admissions or agreements hearing on the objection. The day for the hearing shall be of counsel. Such order, when entered,controls the subsequent within sixty(60) days of the receipt of the objection. Written course of the hearing, unless modified thereafter to prevent notice of the time and place of the hearing shall be given to the manifest injustice. objectors, proponents and other interested parties at least ten (10) days prior to the date set for the hearing. (4) Procedures. (2) Hearings, (A)At the hearing, if the objection pertains to the wage rate in a locality, the Division of Labor Standards shall introduce (A) Hearings held by tine commission under the Prevailing in evidence tine investigation arui field surveys conducted, Wage Law shall be held by the comnussion, any commission- including copies of any appropriate collective bargaining iWp'aCrS0cigd r a representative designated by the commission. If die agreements and any information received by the DIvtsion of ring is conducted by one (1)of the commissioners or by a Labor Standards �vlticlt was considered by It at the time the natcd trpresent��tive, a recoinntcndcd order will be pre- wngc order was issued. by such conunissioner or designated representative and such order will be subject to the approval of a majority of the (E) Thereafter, the following procedure will be followed; commission qualified to review the recomtncnded order. 1. Evidence on behalf of the ot'iectors which is material to dic issue(s)shall be introduced; 6 CSR 20-5,010 Labor Regulations of Missouri Z. Evidence on behalf of the proponents or any other inter- subsection(4)(B)and(C)shall be followed unless;in the inter- estcd party which is material to the issue(s) shall be intro- est of conducting a fair hearing, the commission determines duced; otherwise. 3. Rebuttal or cumulative evidence shall be allowed at the (3) Record of Proceedings. The commission may cause discretion of the commission; and such proceedings before it to be suitably recorded as it consid. 4. No direct evidence, other than the testimony and docu- on necessary and expedient, the cost of which shall be borne ments filed at the prehearing conference,will be allowed at the by the commission.Any party desiring a copy of the transcript hearing,except at the discretion of the commission. shall purchase its own copy from the reporter who transcribed the proceedings. (C) if the objection to the wage order pertains only to an AUTHORITY.•section 286.060, RSMo (Cum. Supp. 1996).• occupational tide of work description, the objector shall pre- This version of rule filed Dec. 18, 1975, effective Dec. 28, sent its evidence first. Thereafler, the Division of Labor 1975. Amended.•Filed Sept. 22, 1995, effective Feb. 25, 1996• Standards and any intervenor may present evidence, Amended:Filed Jan. 30, 1997, effective Sept, 30, 1997. (D) The commission shall determine wimt evidence is •Original authority 1943,amended 1947, 1980, 1993• material to the issue(s).The order or procedures set forth in Missouri Division of Labor Standards WA(il: AN[) I IOt ilk 1 ;(.."110f, 'I 77 4; + I)nI; 1-101,I)FN, Ciovornot- Am-inui.al Vilacie 'rder No . .8, '5ecticrlt U,?(i COLE COUN'T'Y In accordance with Section 290.262 RS110 199/1, Within thirty (:50) days after a certified copy of this Annual Wade Order has been filed with the Secretary of Slate: as indicated below, an), person who may be affected by this Annual W (.1c: Order may object by filing an objection in ' triplicate with the Labor and Ir1dU8t1-irll Kelations Commission, P.O. Box 599, Jefferson City, MO 65102-0599. Such ot)jCctionS must set forth in writin�1 the specific gruundS of objection. Each objection shall cCrtify that a copy Ill.'s been furnished to thc Division of Labor Standards, P.O. Box 449, Jefferson City, NO 65102-044 9 I)ursuNInl to 8) CSK 20.5.01 0( 1 ). A certified copy of the Annual Wagc Order has been filed with lhc: Sec:rckrry of Stale of Mi.isolrri, RECEIVED & FILED ) , (AAR U 9 2001 (-oflCcn A. Baker, Director ' \ l)i:/ision of I..abor Slandcird;s Filed With Secretary of State: SECRETARY OF STATE Last Date Objections May Be Filed: _-- APR 0 9 2001 Prepared by Missourl Department of Labor and Industrial Relations Building Conatructlon ROW', for RLPLAt;I-MI-N i i'AGL Seclinn 026 C01.1= County ,rrff,;�:.tivr• O(,r,IJPA I IOHAL 111 LL. (411r;(,( 1(early I un�r HnlnLr/� I r,l,ll 1 nnrtr: (i,tnl•Irt', IE3(?11L'(nlil{•.Ia i '!'(S1 i I :;,'•1 ( 1 !,! I r .�11 i,�1'� Brickkiyer; ;ton(! t,�ur,f u 1 f};(}1 $.'Z 10 1 r ! g r f'`1 Gar)efllr,r 1 $1x1.1:1 60 t!, .ri .rr 1. Coll unt IJI.1'lun I I Flecirici�m (In-!Au Wirwnim) Communtr,,,Iion i(.r.11r .i,u II l.`,f ( ! I (, (i l' i!•!J tlr 1 . r ,';II•'i t.'-'1}`ir/, I t i H(:vator Con Arnc!'.'.1 .. I ,'il}' ,1 '.:'t1 OY, :1, Uperllinq L nr(In!'r,r � � t I r (',rt)ill) 1• .•(1 i i .. 1 f,i � 1'� r r. 1 i r... r t t, t r a i t.11:m l lii 1r ., ' •r, r 1 111-!,, :,'1 r.I I Grou IV 5101 5'12.37 t16 1,1) 1-11.04 Group.y 5(01" $?.3.Oi7 t3G 6(i $11.64 Pipe_ Fitter 7101 I, i;'7 7'', (ylLlLICf 1:3,00 1 [A) ;,i 8!} Laborer f3uildin General $1151 35 110 T ^�g,5,flti -- _r _ _ _.__ _....___._._.. _.._ FlrstSerni-Skilled. $16.20 110 7 $5.85 —-_ Second Semi-Skilled $1(1.20 110 Lather IAA i t_inolrum L.ny(:r t: C;uu 'r USE CARN tai"V k RA II , Mill'hi(' Wn 1 Iron Woik(x I t; i�1 t .'t+ Painter 4101 51G.0.1 lk ! 'j 4.11;1 4p Plasteror 5:17,(iJ1 r•1 ".!,,:1!i Plumber $20.7.5 F F 1) Pilo Driver 5,10.13 till 15 Roofer 9101 $22.50 '12 4 $6,49 Sheot Me lal Worker 7/01 $21.61 40 23 $7,36 Sprinkler Fitter $27.69 33 19 57.45 Terrazzo Worker 9101 $22.10 59 7 $5.910 _.... Tile Setter 9101 $22.10 ti9 7 Truck Driver-Teamsu:r Group 1 4/01 $ _._._ 1Ci,05 101 Ei `" Group li 4111 i $1f3,75: 101 fi $4.2fi Group Ill 4101 $1ti.4'.i 101 .,"4. Group IV 4 101 s1t3.7fi 101 fi $1."'; •" Traffic Control Service Urivi;( $14.15 48 491 $2�4.1 _-..._.__-_.-.-- _. ._ .___�_�_._ _..._._.._. --.-------..- ._._._.._.._.___.___......_._______...._.......-.--__-.-- Well Driller' USE E3LDG CONS-. f NGINFI-I_j GROUP II RA F Welders-Acetylene & Electric Fringe Benefit Percentage is of the Dii1-,ic Hourly Rate, Attention Workers: If you arc nOt being paid the appropriate wa(l)e rltc '110 f+inq(, bonofit:;c:ontnct tho 1)Ivitili m of labor Standards at 1-800-475-2130. "Annual Incremental Increase e 'SEE FOOTNOTE PAGE ANNUAL.WAGE ORt_CR NO I, 991101 Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes 1776-cil—ve - OCCUPATIONAL TITLF. Dale of Hourly The Holiday Total Fringe Benefits Increase Rates Rates Rates ------------ gin Welders receive rate prescribed for the occupational title perforrning operat&to'*'hIC"Kw` eIdineIV Use Building COFI-StrUCH011 Rates on BUilding(s),and All Immediate Attarlinients. Use Heavy Construction tales for remainder of project. For the OCCUP�1tiol)'11 titIO'S f)(), in I 1(!r.jvy Construction Shoats, use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years - 8%; Employees under 5 years - 6% *b - All work over $3.5 Million 'rota) Mechanical Contract - $27.75, Fringes - $11.83 All work under$3.6 Million Total Mechanical Contract - $26.41, Fringes - $10.08 *Annual Incremontal Increaso ANNUAL WAGE ORDER NO. 8 7/01 COLE COUNTY OVERTIME RATES-BUJLnING CONS'I'RUC TION FEU: Minimum requirement per Fair Labor Standards Act means time and one-Half(1 %,) shall be paid for all work in excess of forty (40) hours per work week. NO. 9: Means the regular workday starting time of 8:00 iuil, (and resulting quitting tune of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one how' to 9:00 a.ni. All work performed in excess of the regular work day and on Saturday shall be compensated at one and ono-half (I V2) times the regular pay, fn the event time is Inst during the work wuck due to weather conditions, the Employer may schedule work on the following Saturday at straight time;. All work.accomplished on Sunday and holidays shall be compensated for at double the regular rats; of wages. The work week shall be Monday through Friday, except for midweek holidays. NO. 11: Means eight (8) hours shall constitute a day's work, with the starting time to be established�etwccn 7:00 a.m. arid 8:00 a.m. from Monday to E riday. Tirne and nnerhalf(1 %2) shall be paid for first two (2)'hours of avertift e Monday,through Friday and the,first eight 8).hours on .. t {fit .. . w'�� i F i7V 1 f yM•41 Saturday. All other overtime hours Monday through Satin-day shall he paid Double (2) time shall be paid for all time on Sunday and recognized holidays or the clays observed in lieu of these holidays. NO. X2: Means the work week shall commence on Monday "at 12:01 a.m.,and c shall-•continue.,,,,.; through the following Friday, inclusive of each week. All work performed by employees anywhere in excess of forty (40) hours in one(1) work week, shall be paid for at the rate of one and ono-half (1'/z) times the regular hourly wage scale. All work performed within the reg ular working hours which shall consist of ten(10)hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (I '/2) times the. regular hourly r.rte. Work on recognized holidays and Sundays shall be paid at two (2) times the regular lrnurly rate. NO. 18: Means the regular work day shall be eight. (8) hours. Working hours are from six (6) hours before Noon (12:00) to six (6) hours after Noon (12:00). The regular work week shall be forty (40) hours, beginning between 6:00 a.m. and 12:00 Noon on Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(I V2). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make-up day if the weather has forced a day off, but only in the week of t.lre day being lost. Any tune before six (6) hours before Noon or six (6) hours after Noon will be paid at time, and once-half(1'/7). NO. 26: Means that the regular working day shall consist of eight (8) hours worked between 6:00 a.m., and 5:00 p.m., five (5) days per week, Monday to Friday, inclusive. Flours of worlc at each jobsite shall be those established by the general contractor and worked by the majority of trades. (the above working hours may be changed by mutual Agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid fbr at double (2) tl•rc rate of single ' time. The rate of pay for all work performed on holidays shall be at two times (2) the single time rate of pay. ANNUAL WAGE ORDER.NO, 8 AW8026OT.dm Page r of 6 Pages COTE COUNTY OVERTINTE RATES-•BUII.,UING CONSTRUCTION NO. 28: Means eight (8) hours between 7:00 a.m, and 5:30 p.m. shall constitute a day's work five (5) clays a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option for a workd:ryhvorkwcek of four(4) ten (10) hour days (4-10's) provided: -The project must be for a minimum of four (4) conscCutive days, -Strung time may be within one (1) hour eitl-^r side of 8:00 a.m. -Work week must begin on either a Morlclay or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: Ifa holiday frills in the rniddle ofa week, then the regular eight (8) hour schedule may be irnplenl ell ted). -Any time worked in excess of any ten (10) hour we114: clay (it) a 4-10 hear work week) shall be at the appropriate overtime rate. wdWbijtsidr`'of ibe i6"lar or`r{n�` yours pro 10,v 'i sue» " IM''; Y;�^ tlll. 0giiw�c gtourss provi�oncay�througaturcjay, paid at one & one-half(1%) times the employee's regular rate of pay. All work performed from 12:00 ' a.m. Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double (2),the straight time hourly rate'of pay. O. �i'1LM'��la`kf��k+�N2H'•,c'f Yl.tt'�'��'�'•i'''lbi,r.�F..ti:rwr . 33: Means the standard work day shall be eight (8) consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch period, or shall conforrri to the practice on the job site. Four (4) days at ten (10) hours a day may be worked at straight time, Moriday through Friday and need rich be consecutive, All overtime, except for Sundays and holidays shall be at the rate of time and one-half(1%). Overtime worked on Sundays and holidays shall be at double (2) time. NO. 35: Means the normal work week shall consist of five (5) eight (8) hour days for a total forty (40) hours, starting on Monday at 8:00 a.m. and ending on Friday at 4:30 p.m. The starting time can be flexible between 6:00 a.m. and 8:00 a.m., and ending at 2:30 p.m. respectively. All work before designated starting time and after quitting time shall be paid at the rate of time and ono-half (1 f2). All work in the excess of eight (8) hours per day, or forty (40) hours per week Monday through Friday, shall be paid for at the rate of time wid one-half (1;%), All hours worked on . Saturdays, Sundays, or Holidays shall be paid at the double(2) time rate. NO. 40: Means the regular worku� week shall consist of five 5 consecutive 8 hour da s' labor ' g 8 O O y on the job beginning with Monday and ending with Friday of each week. Four (4) 10-hour days may constitute the regular work week. The regular working day shall consist of eight (8) hours labor on the job beginning as early as 7:00 a.m. and ending as late as 5:30 p,m. Al! full or part time labor performed dw ing such hours shall be recognized as regular working hours and paid for at the , regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight (8)hours but not more than twelve (12) howl during the regular working week shall be paid for at tizrie and one-half(l i2) the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two (2)times the regular hourly rate. In the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "mako-up" day. Saturday may also be designated as a "make-up" day, for ari employee who has missed a day of work for personal or other reasons. Pay for"make-up" days shall be at regular rates. ANNUAL WAGE ORDER NO. A W8026 OT.doe 8 Page 2 of 6 Pasts COLE: COUNTY OVERTIME RATFS -•BUILDING CONS"IRUC-110N NO, 48: Means the regularly scheduled work weck shall be five (5) consecutive days, Monday through Friday or 'Tuesday through Saturday. Eight (8) hours shall constitute a day's work. Starting time shall not be earlier than 7:00 a.m. nor later than 10:00 a.m. Forty (40) Hours shall constitute a week's work. Overtime at the rate of time and one-half(I V2) will be paid for all work in excess of forty (40) hours in any one work week. On the Monday through Friday schedule, all work performed on Saturday will be tirne and one>half(I %2) unless tirne has been IOSt during the week, in which case Saturday will be a make ill) day to the extent of the: lost tinic. Oil the Tuesday through Saturday schedule, all work performed on Monday will be time and one-half(l %2) unless time has been lost during the week, in which case Monday will be a make-up clay to the extent of the lost time. Any work pertornned on Sunday will be doubic (2) time:. If c niployces work on any of the recognized holidays, they shall be paid tirne and one-half(I '/) their rugular• r•atc of pay for all hours NO. 55: Means the regular work day shall be eight(8) hours Iietvecn 6:00 tl.m,ti7la`aTricil*3(3`"p`'rn. hhh ' r first two (2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and the first ten(10) hours of work on Saturday, shall be paid at one &-otia-lxalf(1'/�).times the•straight.time-rate. All work performed on Sunday, observed holidays.and in excess"of ten(10} hours a day, Monday t�iroug}ar5'aturC `ay; iall��e"rpa did'�ciatilile�2)`tti �straighttime.ratc.'. ` :;�14ay., NO. 57: Means eight (8) hours per day shall constitute a day's work and forty (40) hours per week, Monday through Friday, shall constitute a week's work. The regular starting tirne shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. Wiles circumstances warrant, tic Employer may change the regular workweek to four (4) ten-hour days at the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All tune worked before and after the established workday of eight (8) hours, Monday through Friday, all time worked on Saturday, shall be paid at the rate of time and ono-half(1 %z) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognised holidays shall be paid at the double (2) time rate of lily. NO. 59: Vearns that except as herein provided, eight (8) fours a day (which nlay begin as early as 6:00 a.m.) shall constitute a standard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work clay and on Saturday shall be classified as overtime and paid the rate of time and ono-half(1%2). All time worked on ' Sunday and holidays shall be classified as overtime and paid at the rate of double (2) time. The Employer has the option of working either five (5) eight hour days or four (4) ten hour days to constitute a normal forty (40) hour work week. When the four(4) ten-hour work week is in effect, the standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30 p.m. Forty (40) hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job is down for any reason beyond flip, Employer's control, then Friday ' and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or forly (40) hours per week. When the five day (8) hour work week is in effect, forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. In die event the job is down for any reason beyond the Employer`s control, then Saturday may, at the option of the Employer, be worked as a lnalco-up day; straight time not to exceed eight(8) hours ' or forty (40) hours per week. ANNUAL WAGE ORDER NO.8 ' d� Page 3 or6 Pages COLE COUNTY OVERTIME RATES­BUILDING CONSTRUCTION NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five &-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half (1%2) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain or mud), Saturday or any part thereof may be worked as a make,-up day at the straight time rate. It is agreed by the parties that the make,-up day is not to be used to make up time lost clue to recognized holidays. If an Employer elects to work four 10-hour days, between the hours of 6:30 a.m. and 6:30 p.rn. in any week, work performed more than ten (10) hours per day or forty (40) hours per week shall be paid at time and one half(I 1/i) the hourly wake rate plus fringe benefits Monday through Friday. If an L;rnployer is working 10-hour clays and loses a clay due to inclement weather, tIre Employer may work ten (10) hours on Friday at straight time. Friday must be schcduled4or.�o,mole,Ethan,,ten�(10)Yhotus atfthe' '� ghXimeliratC;*-"l ' IlCWA�MOr`kedo over 'e' forty(40 hours�Monday through Friday will be paid, at time arid one'lialf (1 %) die hourly wage rate plus fringe benefits. All Millwright work performed in_excess of the regular work day and oil Saturday shall be compensated for at time and ' one-half '(1%2) the regular Millwright hourly wage rate plus &irtgc benefits. Thet � ,gular; Mrk dday�Mt starting ae' O�a..m4& s ltipgfguittingitimernf.4:30,p.m.) may'be YiiU ed'for<vatd'to 6:00 a.m. br de° ay one'(I) hour to 9:00 a.m. All work accomplished on Sundays aild recognized holidays, or days observed as recognized holidays, shall be'compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. NO. 86: Means the regular work week shall consist of five (5) days, Marxiay through Friday, beginning at 8:00 a.m. and ending at 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. All overtime work performed on Monday through Saturday shall be paid at time and ones-half(l %z) of the hourly rate plus an amount equal to one-half('/2) of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double (2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO. 91: Means eight (8) hours shall constitute a day's work commencing at 8:00 a.m. and ending at 4:30 p.m., allowing one-half(1/2) hour for lunch. The option exists f'or the Employer to use a flexible starting time between the hours of 6:00 a.rrn. and 9:00 a.m. The regular work week shall consist of forty (40) hours of five (5) work days, Monday through Friday. The work week may consist of four (4) ten (10) hour days from Monday through Tliursday, with Friday as a make-up day. If the make-up day is a holiday, the employee shall be paid at the double (2) time rate. The employees shall be paid double (2) time for work performed before the regular starting; time or after 1 the regular quitting time or over eight (8) hours per work week (unless working a 10-hour work day, then double (2) time is paid for work performed over ten (10) hours a day) or over forty (40) hours per work week. Work performed on Saturdays, Sundays and recognized holidays shall be paid at the double(2) time rate of pay. ANNUAL.WAGE ORDER NO. 8 ' AWS026 oT.aoc parr,4 of 6 Pagcs COLE COUNTY OVERTIAIt': RATES._ BUMINNG CONSTRUCTION NO. 94: Means eight (8).hours shall constitute a days work between the hours of 8:00 a.m. and 5:00 p.m. The regular workday starting; time of 8:00 a.m. (and resulting quitting; time of`4:30 p.m.) ' may be moved forward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work performed in excess of' the regular work day and on Saturday shall be compensated at one and one-half (1'/z) times the regular pay. In the event time is lost during the work week dtV2 to weather conditions, the Employer may schedule work on th': following Saturday at straight time,. All work accomplished on Sunday and holidays shall be compensated at double the rclIular rate of wages. NO. 101: Means ciL,ht (8) hours a day shall constitute a standard work clay, and forty (40) hours per week shall constitute a week's work, which shall begin on Monday and end oil Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid F ►{of! theotesu tie {wd - except herein provided). All time worked on Sunday wid recognized holidays shall V"Wd'• ai at if ie rla e' f c oubje � i t lv i#d . 1art ... resulting quitting time) may be moved forward two (2) hours to 6:00 a.m. or the starting time (and resulting quitting time) may be delayed one (1) hour to 9:00 a.m. 7'lic kinployer lias tlic option of workin� either five (5) eight-hour days or four (4) ten-hour days to constitute a normal'forty, (40) ' hour work k k,.W'When*fb&.(4)*ten-houv day4work.W;ck ins„,Og£fec4 e,st�andrd work day shall be consecutive ten (1'0)*hour periods between the horirs of 6:30 a.m. and?: p.m. `Fo�4'��Ii'l per week shall constitute a week's work Monday through Thursday, inclusive. Ili the event the job is down for any reason beyond the l::niploycr's control, then Friday and/or Saturday may, at the option of the 1 rnployer, be worked as a make.*-up day; straight time not to cxt.;eed tell (10) hours per day or forty (40) hours per week. All work over ten (10) hours in one day or forty (40) hours in a 4- 10's work week shall be paid at the overtime rate of time and ono-half(I%2). When using a five (5) day eight (8) hour work week, and tide job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Mako-up days shall not be utilized far days lost due to holidays. ANNUAL WAGE ORDER-NO.8 Page 5 of 6 Pages COLE COUNTY OVERTIME RATES-BUILD 'VC; CONSTRUCTION REPLACEMENT PAGE NO. 110: Means eight (8) hours between the hours of 8:00 a.m. and 4:30 p.m. shall constitute a work day. The starting time may be advanced one (1) or two (2) hours. Employees shall have a lunch period of thirty (30) minutes. The Employer may provide r1 1lrt1C11 pertcxl of one (1) 110111', and in that event, the workday shall conlrllcnec at 8:00 a.rn. and end at 5:00 p.m. The workweek shall comrrlence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on l-riday (or 5:00 p.m. on Friday if the Employer grants a lunch period of one (1) hour) err as adjusted by starting tulle Change as stated above. All work performed before 5:00 a.m. and after 4:30 p.m. (or 5:00 p.111. where otte (1) hour lunch is granted for lunch) or as adjusted by starlhw time chan�,c its stated above or ern Saturday, except as herein provided, shall be compensated at one and one-half(1 '!z) times the regular hourly rate of pay for the work performed.' All work perionned on St.t�n�dayt nd�> c� tuned, 1g1idays1' i.sh o p u;§atedKtcdobblel{2) hel eg�tIl `giourly�`r"a`> o pay for t}ic work pafoinlcd. If an l;mploye'r'1s prevented from working forty (40) hours, Monday through Friday, or any pw-t thereof by reason of inclement weather (rain and mud), Saturday or any-part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight(8), Hour days or four teen�(I 0,hour d4ys Monday 44 ought,Eriday adit bn1Eniploycj�b1e& o work five ' .�:+ii)•�+t:r. ���(5)t�i 1i'F'�8j' rbur tlays1110 g any work week, flours worked more than eight (8) per day or forty (40) hours per week shall be paid at time and one-half(1 /�) the hourly rate Monday through Friday. If an Employer elects to work four (4) ten (10) hour clays in any week, work periorrncd more than ten (10) hours per day or forty (40) hours per week shall be paid at tltiv and one-half (1%) the hourly rate Monday through Friday. If an Employer is working ten (10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be scheduled for at least eight (8) hours and no more than ten (10) hours at the straight time rate, but all hours worked over the forty(40) hours Monday through Friday will be paid at tirne and one-half (1%Z) overtime rate. ANNUAL WAGE ORDER NO.8 AW8026 Stip 0T.d00 Page 6 0r6 Page, COLE COUNTY HOLIDAY RAT1: SCHEDULE -- BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, Decoration Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday, the following Monday shall be observed as a holiday, NO. 4: All work done on New Year's Day, Memorial Day, Independence. Day, I..abor Day, Thanksgiving and Christmas Day shall be paid at the double ti1nC rate of pay, lf'any of the above holidays fall on Sunday, Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday, Friday will be observed as the recognized holiday. 5• All work that shall be.. done on New Year's Day, Da fourth of.Jul Labor NO. _ • A k Y� Yl Y, Day, Veteran's Day, 'I•hanksgivim,, Day, and Christmas Day shall be Maid at the double (2) time r'*,•:yw�l',+,Z':ryar�y.i•n1.r;..+,•+r•I ,':n..'j •ry.,,.y,ti.,�v dh NO. 7: ,A.11 work done on New Year's Day, Me* emorial Day,�rid'c n'�l'c "c "Da , 'brD.ayj ' Veteran's Day,Thanksgiving Day, and Christmas Day shall be paid at the double time rate 60 pay. If a holiday falls on a Sunday, it shall be observed on the Monday. Ifa holiday falls on a Saturday, it shall-be obser .ed;o+n+thtr r<;ceding Friday. ' df� t Ybl,rlv.d,! :}Il.rr lr.g1/,� (.• ... � .t ' 'r .{ .t. . NO. 8: A11 work done on New Year's Day, Memorial Day, Independence Day,L{ibbfDay;"�lYist4u�kki., Veteran's Day,"IThauiksgiving Day, and Christmas Day, or days observed as such, shall be paid at the double time rate of pay. The Friday following Thanksgiving will be worked at the Employer's option. If worked, it will be at the regular hourly rate of pay. NO. IS: All work accomplished on the recognized holidays ofNew Year's Day, Decoration Day (Memorial Day), Independence Day (Fourth of July), Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day, or days observed as these named holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fi•inge benefits. If a holiday falls on Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Swiday, it shall be observed on the following Monday. No work shall be performed on Labor Day, (Mrinmas Day,Decoration Day or Independence Day except to preserve life or property. NO. 19: All work done on New Year's Day, Memorial Day,July 4th, Labor Day, Thanksgiving Day, and Christmas Day shall be paid at the double time rate of pay. The employee may take off Friday following Thanksgiving Day. However, the employee shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one of the above holidays falls on Sunday, the following Monday shall be considered the holiday and all work performed on said day shall be at the double(2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered the holiday and all work performed on said day shall be at the double(2) time rate. NO. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,'Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls on Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO,R Page t of 2 Pages r COLE. COUNTY HOLIDAY IZA'I'E SCHEDULE — BUILDING CONS'1'IZUCTION NO. 49: the following clays shall be observed as legal holidays: New Year's Day, Decoration Day, Jtrly 4th,Labor Day, 'Ilranksgivuig Day, Christmas Day, S rnployce's birthday rind two (2) personal days. The observance of one (1) of the personal clays to be limited to the time between ]December I and March 1 of the. following year•. If any of these holidays fall on Sunday, the following Monday will be observed as the holiday raid if any of these holidays fall on Saturday, the preceding Friday will be observed ,is the holiday. If employees work on any of these holidays they shall be paid time & one-half(I %) their regular rate of pay for all hours �.orkel. NO, 54: All work done on New Year's, Memorial Day, Independence Dray, Labor Day, Thanksgiving Day, the Friday aftcr'I'httnksgivint; Day, and C hristniati t)ay shall be paid at the double (2) time rate oi'pay. When a holiday on Saturday, it shall he ohS(!rvcc! orr Friday. \V11en a holiday falls on Sunday, it shall be u1>scrvc(l on Monday. NO. rs' �ay; Am�is c a ( JCt'c.ra'{ 6s r Day), Dec t5'Or�a1t�io)n t y"Petn6iial Day), Independence Day (Fourth of July), "1 hanksgiving Day and Christmas Day shall be paid at the double time rate ofpay. No work shall be performed on Labor Day except when triple (3)'time is paid. When a holiday falls on Saturday, Friday will be observed as the holiday, When a holiday falls on Sunday, the followinng Monday shall be obserfcd'694t 61't"i ­holiday. NO, 66: All work per•forrned on Sundays and the following recognized holidays, or the days observed as such, of New Year's Day, Dccoration Day, fourth of July, Labor Day, Veteran's Day, Tharl.ksgiving Day and Christmas Day, shall be paid at double (2) the hourly mite plus in amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such lralidayS fall on a Sunday, the following Monday shall be observed as a holiday. NO 69: All work performed on New Fear's Day, Decoration Day, July Fourth, Labor Day, Veteran's Day, Thariksgiving Day or Christmas Day shall be compensated at double (2) their straight-tune hourly rate of pay. Friday afterTlranksgivi.ng and the day before Christmas «rill 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 falls on a Sunday in a particular year, the holiday will be observed on the following Monday. NO. 71: All work performed on the following recognized holidays shall be paid at the double (2) time rate of pay: New Year's Day, Presidents Day, Good Friday, Memorial Day, July the; Fourth, Labor Day, Veterans Day,Thanksgiving Day, Day after'Thanksgiving and Christmas Day. If a holiday falls oil Sunday, it shall be celebrated on Monday. If holiday falls on Saturday, it shall be celebrated on the Friday preceding such Saturday, r r ANNUAL WAGE ORDER.NO. 8 Aµ'8026 hdy,da: Page 2 or 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Soction 02C) COLE Count Tolal Frinw, Benefits OCCUPATIONAt- T1111- 1)a t(.,- of Hourly Timn I loliday 9 I n c r ca s:c Rates R;jtns Ratr;S, CARPENTER Journeymen 5/01 $23.13 7 16 Millwright 2,3,1` $6.24 Pile Driver Worker t 1 6 $6.24 OPERATING E-'N(.-!1NFFR Group 1 5/01 $.20.75---- 21 5 $11.61 Group 11 5/01 520,40 21 5 $11.61 Group 111 5/01 $20,20 . 21 - --5 $11.61 Group W. 5/01 $16.55 21 5 $11.61 6.55,:- ..21 5 • LABORER General Laborer 5/01 $19,75 2 4 $6.10 y^A Skilled Laborer 5/01 $20.35 $6.10 TRUCK DRIVER-TEAMSTER Group 1 5/01 $21.72 2 $5.25 Group If 5/01 $21.88 2 4 $5.25 Group 111 5/01 $21.87 2 4 $5.25 Group IV 5/01 $21.99 2 4 $5.25 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 8 7101 C0T,E C0UNTN, OVLIRTIMI; RATE SC:IIEUl11.E -- IfEAVY C ONti"l RUC'HON NO. 2: Means a regular work wccl•; of forty (11U) hours will start on Monday ttrul end on I`iiday, The regr,uIar work day shall be either eight (8) ()r tcn (10) 11oAIIs, If a crew is prevented front working; fluty (40) hour:; Monday tlrroug;ll l:riday, ctr' ,Iny p;rrt t1erc0f, by reason of inclement weather, Saturday or- any prat theicof may be worked as a make-up day at the straight time rate to complete (arty (40) hours of'work in rl week. Employees Mlo are part of"'I regtil,Ir clew on it trtake-up day, nc.ltwithstanding; the fact that tJtey may not have bccil employed the entire week, shall wort: Saturday 'It the straight time rate. Tithe &: one-lialf,(I /) shall he paid ir>r ,tll lloul-s in cxcc s ofuight (8') hutu5 pee. day (if 1 working; 5-8's) or tell (10) hours per day (if•working; 4-1O's), or, }i.Irly (40) hours per. week, N'1011d,'ty thri?ugh Fr l"o all tulle w0rled on Sdhll'dity (unfess Saturday ()r an , polti(ol o r,;lid (111 IS %%');lxd il" n1;4x-tl;) t'I cO111pl'11'. }iirt:' Ilr ill`;), till)" and olic.ImP ( I V1) `ihAl hu paid. NO. 7: Means the rcg ular work week shall start on Monday and end on Friday, except where the Employer cicx.ts to w m-k Monday through "fhur;;dati twit (10) hours per day. All work over ten (10) flours in a day or forty (40) hours in a week shall be at t.110 overtime rate of.one and one-half(1'/2) times the regular hourly rate. The regular work day shall be tither eight (8) or ten (1"0) Hours. If a job can't work forty (40)•hours Monday through Friday because of inclement`weather or'othcr conditions Beyond t}ie'" control of the E.iTiployer, Friday or Saturday may be worked as a make-up day at straight time 4-1 O's). Saturday may be worked ns a make-ttp day at straight time (if working; 5..",S). N'lake-up days shill not he utilized li,r (Ilys lost fl-om holidays. f.?xcept as \yarkcd as a make-up day, time on Saturday shall be worked at onc: and one-hal l'(1 %) times the r"cgular• rate. Work performed on Sunday sliall be paid at two (2) times the regular rate. Work perfoi-mcd on recognized holidays oi- clays observed as such, shall also be paid at the double (2) time rate of pay. NO. 21: Means the regular work week shall consist of'five (5) cig;ht (8) hour days, Monday through .Friday. The regular work day for- which employees shall be compensated at straight time hourly rate of pay shall begin at 8:00 a.m. and end at 4:30 p.m. However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer-, when working a five (5) day eight (8) hour schedule, Saturday may be used for a make-up clay. The Employer may have the Option to schedule his work from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in, any one day to be paid at the overtime rate of time &: one-half(1 %). If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty (40) hours per work week. Workmen shall be paid one & one-half(1 %) times the regular rate of wages for all hours worked in excess of eight (8) flours per day (if working 5-8's), or ten (10) hours per day (if working 4-10's), or forty (40) hours r per work week Monday through Friday (if working 5-8's) or Monday through Thursday (if working 4-10's). Unless used as make-up days to complete forty(40) hours per work ' week, time and one-half(1 ''/x) shall be paid on Saturday (when working 5-81s) and on Friday or Saturday (when working 4-10's). Sundays and holidays shall be paid at the rate of double (2) time the regular rate of pay. aw8026 hvy ot.doc ANNUAL WAGE ORDER NO. 8 Pape I or I ' COLE COUNTY HOLIDAY RATE SCHEDULE - HEAVY CONSTRUCTION NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a.holiday falls on a Sunday, Monday shall be observed. NO. 5: The following days arc recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through 1--riday, it shall be Counted as eight (8) hours toward a forty (40) hour week; however, no rc 1111AI scrncrrt for• this eight (8) IMM'S is to be Maid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) the regular rate of pay for such work. The. above shall apply to the four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty (40) hour work week. ; ,J�9 ,16: The.following days are recognized as holidays: New Year's Day, Memorial Day,.Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday*falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on I-abor Day except in case of jeopardy to work under construction. This rule is applied to protect I..abor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward the forty (40) hour week; however, no reimbursement for this eight (8) hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such, they shall receive double (2) the regular rate of pay for such work. AW8026 hvy hoLdoc ANNUAL WAGE ORDER,N4+� 8 Page U ar t OUTSIDE 1,"J-EC.I'RI(AAN It 1?,I71,f1.C'I�:1\�I�;N'I' PAC;i; , These rates are to be used fits tilt filliowirif; c(rtlntics: Adair, Au )rain, Boonc, Calliiwity, (�iirlldCll, (�arlur, ( llill'rll)fl, Clark, ( '(,It:, ( (lOp 't, ( ravviord, i)C111, Franklin, Gasconade, Ifoward, Howe II, ir(,r►, Jefferson, KIlox' J'uMs, l,incolrl, Linn, 1` acon, Marics, M trios), Miller, Nllolliteall, Monroe, Montgomery' Morgan, (_)rc gon, (P ilgc, 1'C11`}', Phelps, Pike, Pulaski, Putnam, Ralls, Rancif 1ph, IZc`'nolcls, Ripley, St, c 'hnrlus, St. 1 r+ncx+is, St. Louk City, St. LOUIS Cour,,.y, Stu. ('itncvicvt, Schuyler, Scotland, Shannon, Shclhv, S11111viln, 'Texas, Marren, and Washing toll c i1n]nll:izr 'I:SJ: WORK* f'CCUprrliOilrtl I VIC j f I Rat-c'' i e'I'luJits 1J*(')tiri1eyulail L.iircnuin )>27.,1t, 'r7_<l.6 ) ! S- 20 r 4 2"41 Giounaman 4153.17 .... ?-20'iv-�12'1, UTILITY NVORK, OCC:u Pal i Iirl `i'itl,: I IoI)I I v i I rilil,t Ri.itc 13uncf itti y 7ourneyrnan -1lcnia1-I'-I' ._..._ -S26.47 '.20 i 381X1 ;ulc�` roan operator 522.85 _-_ _ S2'20. _WGrounctinan OVERTIME, RA'Z'E: flight (8) hours shalt constitute a work day between the hours of 7:00 a.m. and 4:30 , p.m. Forty(40) hours within five(5) days, Monday through F1'id',AV inclusive, shill) constitnic the work week. Work performed in the 9th and 10th hour, Monday throuJ!,h l"riday, shitll be paid at brie rind one.-hrilf(1'/2) the regular straight tinge rate of pay. Contractor h,ls the option to l-,ay two (2) 11OL S per day at the timc and one-half(I'/2) the regular straight time rate of'pay be(ween the hours of'6:00 a.m. and 5:30 p.m., Monday through Friday. Work performed outside the regularly scheduled working hours and on Saturdays, Sundays and recognized legal holidays, or days celebrated as such, shall be paid for at (lie rate of•double(2) time;. HOLIDAY RAT'I,: All work performed on New Fear's Day, Nlemorial Day, l'ourth of July, Labor Day, r Veteran's Day, 'I'}lanksgiving Day,Christmas Day, or days celetinatccl aS Such, shall be paid at the double tinge rate of'pay. When one of the foregoing holidays falls on Sunday, it shall he eclebratcd on the lrrllovving Monday. 4hlcrementaf Increase ANNUAL WAGE 0RD R NO, H 9roi OUT S'1'L AW6 in1doc ' AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the; undersigned, .__. ._..._.. _____...._.___..._.__. of lawful ag(�c-, first boinU duly sworn, slcjte to the besl of (ny irrforim.)tion crnrf f ca', 1 . That I orn ernployed as ,_.._............__._......... .... .__. by 2. That _._.__._. ......... .... ...... vdcr_, c1w(j1d- !( i c:r f,uk>lic: wool 1 contract for Project No. STP - 3100 (509), Phase 1, Eastland Drive Sidewalk: That have re-ad and are) fc1milior with Sorr:tion 290,290 R'SMo 199:3 Su a, 3. Th I 1 Pf ) ' an act relating to public works contrac:ls, which impose certain requirements upon contractors and subcontractors en gaged in a public works construction project in the, Sia1(--! of Missouri. 4. That _, has fully con-rplied with the r)rcwisi(X)s cjrrcl rE:clvircr»r.=or�i� �,)f ti()n '1.90.''19O PS1,Ao ( 1991-j Sr)f:,f:.) FURTHER AFF1/-V41' SAYETH NAUGHT. AFFIANT Subscribed and sworn to before n'je this day of , 20 1 NOTARY PUBLIC My Commission Expires: ' STATE OF MISSOURI )55 COUNTY OF 1 1 EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersignc,d, _.. . of lawful age:, first being cJuty sworn, slots: It-) illc-, f3c:d of my informolion (.inJ C7; follows: 1 . it1�.11 1 (-mi r;nrt,;rp d cr', by 2. Itirrl _. ::r�> crv✓cu.:Ir:r1 (r piji.Aic wc)rt;s ;f,r Project No. STP • 3100 (509), Phase 1, Eastland Drive Sidewalk. 3. Ihcr1 I lvrv„ rc- ld f1m i� Imdl(v v✓ith an act relcrfing to public works contracts, which impose certain mcluir(.-rrr,_:nt-, in a pul-.Aic: worts consirm.dion t:)toj(�cl in ille Stole. of Missouri. , 4. Although there: is a period of excessive une:mployrnent in the Stale of MISSOL)Ii, whit ii tl-lc c.rr,t)Ic,yriic::ni of Only Missouri Inbarers and ' Iribc,r(-.,rs irc)rn ru:>ri r(,,lrir live: .toes on pul)lic- worts f:,rc�jCc:ls r;r irnt)rc)vc�rr�c:n►�,, ern c:;.t �-:f:>tic)r, �.rt.�i;G�.�°� rr�, 1n thc:� Ilitincl cif since tic) MiSsauri lak)orE'rs or IfIIJC)rf,f'} iron—, non-restrictive stoles are available; or (.--apcable of perforrninc:l . ...._..... ______.. .______ .__________--_--_--._..______• FURTHER AFFIANT SAYETN NAUGH*f. AFFIANT Subscribed can(: sworn to l>efat*e me this _ day of , 20___.--_._. NOTARY PUBLIC My Commission Expires: DIRK-TOR OF PUNAC WOPK5,C li'i c)I'Jf.'rFERSOH,MC,. GENERAL PROVISIONS FORWARD The following Articles GP-1 thrnugh Gf'•49 rcre "Cenr,rr,l Provi:,ion:, of the? Contrr,et", modifir)rl 'it" -iol forth in the Special Provisions GP-1 CONTRACT DOCUMENTS It is expressly urulelsl000 and .Igreead that the CoritimA Dor ornenis co,npri:.e the Notice to bidders, Instruction try Bidders, Goller;il Piovisioiis, spec,iol Provision::, Bid, Contract, Perforrr,rurre and Or,n Year Guarantee Bond, ";pocrflcaUow,, other docurr,eritc li:,lwl in tho 'I t,hlo of Contcgnts "Intl h,,uncl n, thir, Volume. Plans, all Addenda thoreto is:;11ed prior to the tune of operllml hid'; for the vlork, .Ill of which are heroto attached, rind ether drawings, spocificatinn:;, and enginool.ing data which rrr.,y be furnished by the Contractor and approved biy the Owner, togpthor with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to defino In greater dotal) the Intent of the spocilications and drawings, are each and all carnponanl parts to ihc: aureernrrll governing the work to be done and the rrlaterial:s equipment to be fumishod. All of these doc;umonts rue hereby defined as the Contract Documents; The several parts of tho Contract Documents are corn{elementary, and what Is called for by any one shall be as binding as if called for by ail. The intention of the Documents is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for c.onstluchng complete ;Intl ready to use the work specifiers. Materials or work do-scribed in words which so applied have a well known tochnicnl or trade meaning shall he held to refer to :;1101 rocnrinired sl.uulvds, The Contract shall be executed in the State and County where the Owner is located. Three (3) copies of the contract documents shall be propmed by the Contraclor, each Containing an exact copy of ihr. 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: e One (1) with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Public Works Ono (1) with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in those contract documents, it shall have and is mutually Understood to have the meaning herein given: 1. "Contract" or"Contract Documents"shall include ail of the documents onumerated In the previous article, 2. "Owner", "City", or words "Party of the First Poll", shall mean the party entering into contract to secure porformance 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 moan the party entering into contract for the performance of the work covered by this contract and his duty authorized agents or legal representatives. 4. "Subcontractors" shall mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. 5, "Engineer" shall raluan ihc! authorized rupIwwnt;Ilive of rho Dili:Ctor of Public Works, (i.(J-., the Ellgir-mming Supurvisnr). G "C;onnlruc•.tion P("prerent;I1Ivu" .h:Ill rnemi the vilginewing or tu(;hnic:al a<,sistanl duly rauthorizod by tho L fIginee,r Irrnited to f11( pcutir,rll.ar duties entri :;tell to hire of thou) as subse(Iuently sut forth noroin. / "D ato of Awmd of C.onh;acl" m w(Ild:, oquiv:alent lholrrt ), :1i1:I11 Inezill the cl;ato upon which the successful bidder'!; propw,:II I" il, .,-Ill -d by the City. 8 "Day" or "d:ay;;", urrlus ; herena utllervn• t! 11XIM^,:;ly rli•lurr-rl. ':h,rll me:Ill ;a (.;III!IIdiIr (!;Iy or (lily!" of twenty four hour: (,;If,II woW, :.hail rn( :u( Ih, :v ,(t t„ 1w ,I1n,+, ,(rr•I fill- (-,Inilue(,nt. '.rll,l,11w. ;rod Ie:(t(m:(I" ir, be furni ,bud trnr!( r Ihr, (.c,r(Il;ar.l unl ''milp elh,q In(:;uuo(I I•, rinli(.;Ilod by ill(! (.nrrt(•x.t 10, "Plans" of "drawings" shall moan and include all drawings which may have boon prepared by tho E=nglneor as m Im sis for proposal,;, all drawfng> subrnitted by the successful hldder with his proposal mill by till! Contr;IClor to fill! Caly. if ;Intl when approved by Uao Engineer, and all dI awing, "Albnaittud by the. City to thr! Conhactu► during the l;rooiw,s of tho work, as provided far heroin. 11. Whenever In theso contract documents tho.words "as direct0d", "as required", "as permitted", "as allowed", or word:; or phiasos of like import ;r( if, od, it shrill ho understood that the direction, requirement, permission, 0r allowance of 1110 City and En(linoor I,, intendi:d. 12 S)irrlihilly till worth: ";lppiovvd" r( ( .un,rh;, " ' ,ulla11lu" " acc(,pt;(blc:" "properly" ":;,Itl:,lactory" or words of liko uffect and import, rilllc ," otherv✓i:,c p;ullculmly :;pr.c.ilir•cl Iwlein, :.,hall inuarr tlpiatovod, r0wmilabfc, ;uifalrle, ;n:coptable prupc�r or !,;Itr..,lacfnry in ihu jllddmcmt of Ulu City and Engineer. 13. Whenever ,lily :;tatenient is invade in these Conti alt Docrimunts containing the expression "it is understood and agreed" of any expression of the like import, such expression monns the mutual undetstanding and adreonlent of the Contractor and ill(. City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missoani Standard Specifications for Highway Construction" prepared by the Mis:romi E-lighway and liansportation Corrinlissiora and published before the (Into of this contract 15. "Consultant" shall mean the firm, company, individual, or its/his/1101 (filly authorized representatives) uncle( sepmralr, afireeranvnt with the City of Jefferson that i iopariad the plans, specifications, and other such doctlr fit!tits for the work covered by this contract. GP-3 THE CONTRACTOR It Is understood and agrood that the Contractor, has by careful oxamination satisfied himself as to the natu10 and location of the work, the conformation of the (bound, the chamctor, quality and quantity of tho materials to be encountorod, the character 0f the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other (natters which can in any ' way affect the work under this Contract. No verbal agreoniont or conversation with any officer, agent or employee of the City, Dither before or after the execution of this contract, shall affort or modify any of the terms or obligations herein contained, The relation of the Contractor to the City shall he that of an inclependent contractor. GP4 THE ENGINEER The Engineer shall be the City's representative dminfl the construction period and he shall observe the work in process on behalf of lira City by a :emir,% of periodic visits to the jot) site He shall have authorily to act on behalf of the City The, Engineer assumes no di►octir�n of employee:-, of the con1►;rctcrr or sub6onU'rctors and no supervision of the construction activities or responsibility for their safety. The, trr(jirreer's sole: responsibility durinct cow--itruction i:; to the City to ende;►vo► to p►olncl defects and deficiencies in the work. Any plan or method of work by lire En(Irnecrr, or olliel ►ep► e of the, City, to th(; Corlhactor, but not :;I-)erifiecl nr rogt►i►ed, If adopted or followed by the Corrltsrcaot in "Mmle or in purl, !;hall be used at the risk and responsibility of the Contactor, ;old the i.n(li(wor ;+nd the City will assume no res.�ponsihillty therefore. G11.5 UOJ\l1) Coincident with the ex.ecr►tion of the Conbacl, the Contractor t,lall 111mr,h o food and :.ufficrt:nt ;,urely bond in the full amount of the contract suns. This surely bond, executed by the Contractor to the City, , shall be a guarantee: (n) for the faithful performance and completion of the work In strict accordance With the terms and intent of the contract docurrlerlls; (b) the payment of tilt bill.; and oblig*atloos arising from this contract which might in any manner become a claim act;linst the City; (c) for tilt 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 Contnuotor; and for a period of.one year from arid immediately following the raccoptArice of the cornploted project by the City, the payment to the City of all damage loss arid 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 nlatnrials, labor, and equilrnlorll ill the performance of the said contract. All provisions of the bond :;lmll he complute and in lull accor(Jill rce with <.t;rtulofy The bond shall be executed with the property suroties through Fl corllp.+ny licensed tend clraaiified to operate in the state and approved by the City. Bond ;:1;111 be :,ioflod by Sul octant in OW stale and date of bond shall be the dale of execution of the contract, If at any time during the continuance of the contract the Surety on the Contractor's bond bocomes irresponsible, the City shall have the right to require additional rind sufficient sureties which the Contractor shall furnish to the satisfaction of the City within ten (10) days after notice to do so. In defauit theroof, the contract may be suspended, all payments or rrroney due the Conhactor withheld, and the contract completed as hereinafter provided. rGP-6 INSURANCE: GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types arid amounts as necessmy 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 Ertl provisions of the followiuff specified requirements are complied with. All certificates of insurance requinld herein shall state that ten (10) days written notice will be given to ' the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of iflSMEMCC shall be written in an irlSUrance Coml)a►ly atlthori7_ed 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 lirnifs for bodily injuries, inclodifig death, of not less than $2,000,000 per person and $300,000 pni or.cunencc ('l_) Property Damage Liability insurance coverarfe for lintifs of not Ir ss than $?.,000,000 per one occurrence riot leas than $2,000,000 aggiotfate io limit for the policy yval GP-6.3 ,CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY_INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) (1) contfac m'.; coitttrtuent policy plovidinri hind'; 01 ;rl i-it"I $300,000 per 1, l� ,on and $?,000,000 pet occurrence for horfrly injury or dF.r:th (2) Property Dim moo I..mbilify providtml Irrnrtc, nl ,lt 'a?,000,000 i,rr o(:(.urtenr c- and `,'),000.000 aggregate, GP-6.4 CONTRACTUAL.LIABILITY Property Damage coverago with $2,000,000 allgiupate hnnt. ' GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall fnnchase and liwinlain Owner'!; Prolective l_i;rbility and Property Dmitagc insurance ' issued In the name of the Owner and the Efiginec,r as will flrolect both against any and all claims that might etrisc as a mstilf of the operations of the ("onfmctor nt hip; "uhconitactors in fulfilling this conirict. The rnininrtin) amount of Such insurance !;hall Ise the ;,ante w, requlled for Bodily Injury Liability and Property Darnage, liability Insurance. This policy .;h.lH he filed with the Owner and it copy filed with the Ert linter. GP-6.6 EXCLUSIONS The above requirements GP-6.2, 6.3, 6.5 for property damage Ifability shall Contain no exCIUSion relative tel: (1) Blasting or explosio(l, (ConsUlt Technical Specifications fail I for possible deletion of this requirement on Subject project.) (2) Injury or destruction of property below tho surficce, of tilt ground, such as wire".", conduits, pipes, mains, sewers, etc., cau.ed by tite Contractor's operations. (3) The collapse of, or structural injury to, tiny b0ildinll or Structure pn 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 lit(: surface of the giound. ' GP-6.7 AUTOMOBILE: BODILY INJURY LIABILITY &AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury of- Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of riot less than $300,000 wilt; hired car and non-owned vehicle coverage or ' separate policy carrying similar limits, The above Is to cover the use of automobiles and trunks on and off the site of the i:)rojoct. GP-6.11 EMPLOYER'S LIABILITY AND WORKMEN'S_COMPENSATION Employer's and Workmen's Comporasataoil Insurauace as will protect hire against any and all clauris resulting (torn injunw; to and death of workrneri c ngagod rn work under this conlraact, and in addition the Contractor shall carry occupational disow;e coverage with statutory limits, and Employer's Liability with a limit of $300,000 per parson. 'III(! "All State." c!nrlotsernonl shall he included. In Case any class; of ertapfoyees f:, not plotectwl under the Workmen's Compensation Statute, thcs Contractor shall provide ,.,act tau ;rr ;ucla colillactor to provid'r adwivato employer's liability coverulo a!; ® will protect hint agaiwit any claim:; Iw-olliliq frnna uajilr1w; to ;unl dcrath of workiii(m ongo(lod in work !9 under this contract. GP-6.9 iNs*rALLAJ ION i:I.OA:I FR INSURANCE' '11115 insurauace shall aMAW! ;111(1 1)101,;(.1 thc C:ontrocto; ,and ihu City Imm call iwaifable risks, of phy:;ical loss or damage to materials and c;quilanaent, riot otherwise covered (IMIM Etuildcr'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" typo., with coverage designed for the circurnstance s which may occur In the particular work included in this contract, 1*11e coverage shall be for aul amount not less than the value of the work at completion, less the value of the m:.ateiial and ocluiparaont 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 riot otherwise Insured under Builder's Risk Insurance. t Installation Floater Insurance shell also provide for losses, if any, to be adjusted with and made payable to the Contractor aarad Ow City its their iututests may appear. If the aagglognte valkle of t1w City futni!Jwd and a nnbac'lna furni ,had equipment is les,,; than $10,000 such equipment inay ill,! coven O under 1311ildel!', Ri!;k Inewlance, and it :,o covered, this installation Floater Insurance may be orniued, GP-6.10 CONTRAC rOR_S RESPONSIBILITY FOR OTHER t-OSSES For the considerations In this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full re.Sponsibflity for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, e Muipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, malodal men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The ' Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoover (except as horeinbefore providod) to the structure on which the work of this contract and any modification:;, alterations, onlargonaents thereto, is to be done, and to ' nvaaterials and labor connected or to be trsod as it part of the porrnaanent materials, and supplies necessary to tine work. ' GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES & CLAIMS INDEMNIFYING CiTY The Contractor shall indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses, damages, costs, expenses,judgments, or decrees whatever arising out of action or ' suit that may be brought against the City or Engineer or any officer or agent of either of them, for or on account of 1110 falluro, 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 negligonce 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, celuipment, power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE Upon the ocr..urrunce of any event, the liability (or which is herein assumed, the Contractor xgrec% to forthwith notify thu City, ill writing nm-h hoppellfng, which notice r.h;111 forthwith ►live the details xs to the happening, the cause as fill as can bo x scodnined, the estinlxte, of loss or darllx;le (lone, IhC fmilles of witnesses, if ;illy, and stating the anulurll of any Ckliln. GP-•7 /ASSIGNMENT Of:_CONTRAG_I The Contractor shall riot assign or hallshil thi , r,untl;lr t no, !;tlblet it w; x Whole, without the written consent of the City and of the Surely on the Gunlrcicic,r':, bond. 'Jtmh c.on:;erit of Surely, toguther with copy of assignrllent, sll;rll he filed with the (,fly. No xs:Jc lmwnt, han!,rel or sublettin(l, coder lhmigh consented to, shall relieve the Cunllactur of in,. li;1b11rhr! . under 111k; contract. �ihould ;Illy x:;:,iclnc e firil to 1 f,erfurm till. work undert,Iken by hint in ;1 .;rlr.fnctury rn;tluic!r, the (Ally lnxy ;11 In:, oplmn xnnrli;111(1 teiminate Assignue's centrxct. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS R EQUIPMENT Prior to the award of the contract, the Contractor shx11 subnlil for ;lf)prov;ll of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposos to use In the construction of the projoct, The Contractor agrees that he Is as fully rosponsiblo to the City.for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as lie is for the acts and 1 omissions or persons directly employed by him. Ally notices to the Contractor shall be considered as notice to any affected suhconhxctols. Nothing contained in the Conhacl Dmmmunt!, rJmll c:re,itu ;illy conhacttaial folalfon betweell any subcontractor and the City. No officer, agent or employee of the City, includiliq Ihu E ngineur, shall have any power or authority whatsoever to bind the City or incur any obligation in its behalf to arty 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 oppolhlnity 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 Cori trnctor's work depends for proper execution or results on the work of any other. ' contractor, the Contractor shall inspect and promptly report to tho Engineer any defect in such work that renders it unsuitable for such propor execution and rosuits. His failure so to Inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, oxcept as to defects which may develop in the other contractor's work after the execution of his work. Wherevor work being done by the City's forces or by othor 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 Tile 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 proporlies which may be affected i by his operations. Rights-of-way and ow;ernenls for porrnmaefit structures or permanent change,; in existing facilities shall be provided by the: City unless otherwise spucihud. The Contractor shall give all notices and comply with all laws, ordinances, rule:; rind redrtl;alrons boating on the conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that ;.all royalties lot patent.; or patent ctrainos, intrincloment whother sect► patorits am for processes or devices, thra; mifiht be, involved in ihc; conslruction or use: of the work, shall be itachided in the contract amount and the Contractor bli all :;ialisty roll denarrnd:; th;at filmy be raaade, rat any time for such and shall be liable for any damages or claims lot patent infrincic:mc:nts, and the Contractor shall at his own expense, defend any road rill suit:; or preconciincls that illay he instituted at any little r:aflrainst the City for infringenonnt or �aliecled infringement of ;illy pi'llont or polonl; involved in the work, rand in cross of an ;award of dramraows, lhn ;iaod C:onttacLot r.hiall piny c;uc,h ;awmd, final lmyancnl In Ilm C:ontim.tot by the City will not be made while ;.any such suits of Oiailos runaiain unc;ettled GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12.1 GENTRAL. rThese-Specifications and Project Plans care intended to supplement, but not.necossarily 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 cas 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 he oinitted from the Specifications rand Flatus which is necessary to a clear' understanding of the work, or e;hoold it appeof various; in;hoc;lions are in conflict, then the Contractor shall secure written instructions front the L'-noineer befoio piocoodiray with the cansbuction affected by such omissions or discrepancies. It is understood and raclreoc) that the work shall be performed and complete(] according to the Irue spirit, ineaning nn() intent of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions anti elevations shown on the plans shall be accurately followed even though they differ front scaled measurements. No work shown on the plans, the dimensions of which are not indicates) 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 shalf 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, of- Instructions, which he may discover in the course of the work, The Contractor will not be allowed to take advantage of any error or omission in the plans or contract documents, as full instructions will be furnished by the Engineer should such error or omission be discovered, and the Contractor shall carry out such instructions as if originally specified. The apparent silence of the Plans and Specifications as to any c)ctail or the apparent omission from them of a detailed description concerning any point, shalf 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 rnean the latest stundaid, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GFI-13 CONSTRUCTION RE PRESENTAT'IVIE AT PROJECT file City may appoint or employ 'Alch "Con.,tnictioil f'lepfw,ciit;Itiva" ,v, it)(- City niriy rlcefn proper, to observe the work performed under thl!; (.:ontfort, to tho and thiit -slid work is peifolmed, in substantial accordance with the plans rind spocificiltlow, therefor. The i'rojecl [Representative rr.;;iinie , nu du( ralon of employee" of tho Contractor of %ubcunhac:tors and no supervision of the cory;ifIv "-on ,ir.rivitrr-:, of fe:;p1)fv ibility for their cc.ifehy The told duty of the Project Ropro sentalive dunng tho ( on"11w fion r; h) thl, City to enr)r 'Ivor h) (,toil r I ag'Iin!,t dotr�ct!, and dehciencics in till. work `Pile Conhactof s,holl roq,rrd raid otwv thl, in, ,.lion . .ind rnv,bur.fr%,ns; of thl. Conrhuclion Ruplw,enlativo ;o appouited, when ill(' •,;loll, .111, i ,In X l'-fill with Ih" nhli(i;illow, of Ihi•, r nrilr.ict tint) Ihr therefor, pfovided, Buwuvi-r, th;ii -,houtd thl. (;ontr.irtuf objwA to tiny olds,-r given by the Con!,hur.hon FRepresentative, the Conh'IctyI rimy ni;iko wriltun appeal to the f nguioc;r for leis, decision. The Construction Representative rind other properly authorized representatives of the City shall be froo at rill times to perform thou dutre" rui rnhnud;ition or attempted infiniidritir,n of any ono of thorn by the Contractor of by any of his empluyow; ,;Brill ba sufficient reason, if the City so decides, to r.innul the contract. Such.construction representation shrill not reliove the Contractor from any obligation to perform said work strictly in aeeord,utce with the plI Ills and Specifications or ,lily modifications thereof as herein provided, and work not so connhucled shrill be removed and made good by the Contractor at his own oxpense, and free of nll expanse in the City, whenever so oideied by tho Engineer, without reference to any provious ovefsii lit ill ob!,eiv;ition of w,,rk Any defoctivo rimtoikil or workmanship nmy be Iejociecl by the Engineer at any hnie beforo tho howl acuopt;llwe of the work, even though IBo ;;rime cony have been previously overlooked rind eslimalod for priyrneril 4P The Construction Fl01roS011tritivo !;brill hove. no authority to permit any deviation frond tit; plans 'Ind Specifications except On written urdef burn the I'Aloineer, rind the Contractor will be liable for ally deviation except on such written oidof All condonined work shall be promptly taken out and replaced by satisfactory work, and all condemned matorials shall be promptly ioniovod from the vicinity of the work. Should tho Contractor fail or refuse to comply with Instructions in this respect thV City rtiriy, upon certification by the Engineer, withhold payment or proceed to terminate contracts as herein providod. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work n-iusl be uncovered by the Contractor. If such work be done fn accordance with the Contract DOCllments, the City shall pay the cost of reexamination send ruploceflient. If such work be found not in accordance with the Contract Documents, the Contractor .ihall priy such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that evonl the City shall pay such cost. The Contractor shall furnish crimples of testing purposes of any material required by the Engineer, and Shall furnish any information ioquilod concerning the lintLIM Or source of any material which he propOSOS to use. GP-14 LINES AND GRADES The Department of Public Works 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 Public Works not les., than 48 hours before stakes are required. No claims shall be made. hecause of delays if the contfac,tors fail to (live sort) notice The Contractor shall carefully pie.;eive stake; iind buiwh maik!, If -such :'Aakes and bench rnafk, heconre damaged, lost, displaced, or removed by the Contractor, they shall he raset at his expense and deducted fron-r the payment for the work. Any work dons, without being properly locatud and (-AilblleJwd by hrr,(, liar::,, offt;et st*rkes, bench marks, or other basic reference point:~ checked by thr. Consfrwc lion P(.!fne;vnIative inoy ho ordered removed and replaced at the Contractor's expen:;e. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS ® Tho Contactor r;h;rll he respon:;ihle for the colidition of ;rtl nr;atc;rials furnished by him. and he :,h�►II ® replace at his own co:;t ;and expon"'o any and ;III �'Iwh in;ite.ri;rl twuld to Iw deiuf;Uvo in drairtn or manufacture, or whicf► hrrs bec:ra d'imo led ;affm dollvery I tai., rnr.ludw, Uae furnis,hino of all nrrteriul,; ;and labor required for replacement (A any inst.►Iled rnt►tell:&' which re; found to be defective at ally fine: prior to the expiration of one year from the date of final pa*Y111ent. The manufacturer of pipe for use on this projr.ct : hall (artily in writing to the City that all materials furnished for use in this project do ronforn► to theso :pr crficc►lion:;. Whenever standard tests are conducted, he shall forward a copy of the test result:; to the City. GP-16 WATER All water required for and In connection with the work to he performed shall he provided by the Contractor at his sole co�;t and expense. GP-17 , POWER All power for lighting, opmation of the Contractor'!, pLu;l of mitlipment of for ally other use. by the Contractor, shall be provided by the Contractor at hi!, ',o1e ';o:A rind exper►se. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its progress;, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen, and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform► satisfactorily the work required of them. Any crnployeo 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 Depaftn ont, f=ire Department, and Ambulance Services shall be notified prior to the closing. When n 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 sh-all be approved by the Director of Public Works. All detour signing shall conform to 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 cacti 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, highway,;, and other public thoroughlaws which are closed to traffic shall be protocted by means of effective barricaclos cu► which :;hall he placed acceptable warning signs. Bartic.ades shall be located at the neatest intms(,clinlf public highway or street an each side of the blocked �-,oclion. All open trenches; and other exc,Ivations ,.;!kill bo provided with suitable barriers, signs, ► )d lights to tiro: extent that adequate protection i; provided to tha public., obstructions, such as matefial piles and equipment, shall be provicicxl with sirnil;,r vr,rninct signs; and lights. All barricades and obs;Uucho ll : -,ilwll lw rlturninatod by nwans; of waminll lights al me;hl. All fights a: ed for this purpose shall be I. lit homing frown -mII;,c,t te� runrisK M;,t"rials stored „poll or ;.,Innriside public streets and highways shill Iw ,,u pi;Ic od, brief the work ;►t illl times shill bu so randuried, as to causr; the, minin►un► obstruction :Intl inc:onvc•nie;m,I. to Iho 1mve,lu,q public All barricade,,, sign:., lyiht;; ;Irnf olhu, p,ul1re.trv,� de•vir,r;l, ;,Imll be, incialled and maintained in c:onlotrnity With applic:ohhK ;.t'Itulo,y ioyll!e n,e,iir.., ;,nil u, c onlmm;,nr.c; with the Mru,uat of 1Jnifnrin 'lraffir. Control Devices. All nace,•,s;rty fr;unc;u! ,c)n ,, I,(IhI!. mid (Mier ptole,c.live, devices will he furr,is;f,ed, inslnllo'd and mairntailled by the Gunfr;,c,lc,t I hi:, wutk. :,hall be 3(lb..,irlioly 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 arid 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 Ihr; excavation. Any delays to the Contioctor cowwd by pipe llow, (it otlw( underground structures or ohsbuclions not shown by the plans, or found in loc;itio,It;diffcqc•nl lh;III Iho,,-w indicalte,d, shall not cnnslilutc, ;, Ooin, for extra work, additional payment or dar mow;. No payment will be, made to the C;ontraclur lot locating ;,nd protecting utilities and cooperating with their , owners, arid any damages caused to the utilitio:; by the Contractor's negligence shall be repaired entirely at the Contractor's r;xpense. Utilities, other than sanitmy sewer,, and watot 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 roust be moved shall be re-laid by the Contrnclor and paid for at the prices bid, Only sewers which must be moved because of direct conflict with the storm sower conduit will be paid for in this manner. Sewers damaged by excavation but not in dtrc;ct conflict with the storm sewor will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORiti AND PROPERTY ' The Contractor shall be account-lbir• 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 arid 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 arc in any n-ranner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs, ' warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and r 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 utilit;es, In an emergency affeclintl file -,;,fc!ty of lilt or of thr, work or of srrtjoining pro{,r;rly, tho Cont actor, Without Special instruction or aulhori/.ation, is; horr-by perrrrilllrcl to ;)(;I set N!, di!,(;Mti(,n to plovc,nt r;rrch Urrealunc:d loss or injury, and he c„hall so scrl Any c:oillpow-olmil, r.l,rrmed by the Connim(or on account of emergency work, shrill he dulrrnuncrl by aslww1wot or scrt,lt(alrort. The C1onUactor srtlrr:us; to hold tho t::rty h;urnlwr,r, frr,rn srny surd all lo"', cu clsrrnscgw, al ;tog out of jurisdictional labor dispute;, or olher I-rbor kouh1w; (if ;ury kind th;rl rust; occur dorurq thn (;nnv;trucaroll or performance of this contrsu;t GP-23 GUARANTJ r: of,MATERIAl_S ANIE) Wr)T2KMANS1III) The Contractor herc:hy rtu rr slue . fh” vv- rF. in c c,r;n - lion with the, c.ontr,rc,t srgrun't kmlty tcr;+lr-rr;rlr, nr pout workrn;+n-.hr{, dminq Iho fn-nod ;,I 111W (1) y",,, (1.111. of c.fun{,l"irun of Pw r untr.wl GP-24 NO WAIVER OF RIGITI S Neither observation of work by the City or any of their oflicirrls, enrployec-s, or ingenls, nor any ardor by the City for payment of stoney, or any poyurent tor, or ;rr,r.e{>tsuu:e o1, thu whole or any pall of the work by the City, nor any extension of tithe, nor any (x)ssussion taken by tho 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 nny 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, portion; of the, work wily l;c, {il,rc.erf in !,r!lvir.c! when r.omplMed or pmtially completed avid the CorlUactur s;Iloll c{ivu proper acca ,, to Ilw wusk fur till,, puipwA!, Imt mich u,,.0 whet operation shall not con:;tituto sill accoptim(;v of the work, and the Contractor slr,:ll be li-'rble far defects due to faulty construction until the entire work under this, Conftnc:t i;; linsrlly accepted anti lot the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGE=D WORK The Owner, without invalidating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct honk the work, the Conts,ct suer to be adjusted accordingly. All such work shall be execute(] to the sanin standards of workmanship curd perfcunruu:e V,s though therein Included. The Engineer shall have authority to nxrko minor changes; in the work, not involving{ cost, and not inconsistent with the pan-poses of the work. Except for adjustments of estimated quantities for runt prier, 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 niado under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing tine cost shall be done as authorized by the Owner and ordered in willing 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 an(] character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually dome and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. If the modification or alteration decreases the amount of work to be done, such decrease shall riot constitute the basis for a claim tot darnages or milicipated profits or) work affected by such douloa)se. Where the value of omitted work is riot covered by applicable unit priers, the Engineer shill) delarmine on an equitable basis the amounl of: 1 Credit due the Owner lot C oillf"id work not drill, ns a result of an aulhorizerl chsenge 2. Aliowance to tho ContimA r (err any actual loss, incurred ill connertion with the purch"cw, delivery and slibserluant dispos"ll of rnaturials or equip►ttient required fo► use on the weak pimillecl and which could not be used in ony part of the work a:> actually built. 3 Any other adjw-,tn ono of ihn Conb;ect amount whole the method to be (Im!d in imikintl such adjue,Unenh ie. not dearly calmed in lhr conbncl decunionlr,. Statements for extra work shall be ►endered by the Contractor not later ihan filicen (15) days afte► the i completion of cacti assignment of extra work and If found 'correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. I� The Owner roseNes the right to contract with any person or firm other than the: Contractor for any or all extra work. The Contractor's attention Is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any potion of the work that may ho emitted. Extra Work: ' (a) The Corm "Extra Work" shall be understood to mean and inrludr all work ihal n►ay be required to accomplish any change or alteration in or addition to tile. work shown by the Plans or reasonably implied by the Specifications and nut covered by the Contract proposal itunrs and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under tile, direction of the Enginaar when authorized by the Owner. The compensation to be paid tl)e Contractor for perlorn)ing axtra work shall be determined by one or more of the following methods: 1, Method A: By agreed unit price 2. Method B: By agreed lump still) 3. Method C: If neither Method A or B can be agreed upon before tine work is started, then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction, as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSiON OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be rec,urT)ed by tho Contractor within ten (10) days after tilt: 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 I 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 ptoroc►ito the work properly or fail to perform any prevision of this contract, the Owner, after ten (10) clay!; wrilton notice to the Corttr;lClof, relay, without prejudice fo oily other retnedy he may have, make door such deficlencies told may deduct tho cost thereof from tho payment then or thereafter clue the Goril►;icfor. GP-29 OWNER'S RIGHT TO TERMINATE__CONTRACT If the Contractor should he ;ulludood it bnnkfupt, or if he should make a yonetol ;tsc,ignmurit for the benefit of his credilo►s, or if a ►c!ceive!t sh .old be appointed on accotutt of Iris in_;olvcncy, or if he c,hotild persistently or repeatedly refuse or !,hould f;ul, except in cakes for which extensinn of time is provided, to supply enough properly skilled workmen or proper materials, or if he should f;ttl to maku prompt payment to subcontnWfors or for rnaterini or !abor, or persistently disregard laws, ordiri;uices or the instruclion's of ' the Engineor, or otherwise he {guilty of ;t l;ultl;tnnli;tl viol;tfion of any provision of tho Contract, then the Owner nay, without pwitidice to tiny oltwl rlflht of winery arld rifler diving 0w Coninictor five. (5) rjay, written notice, tortnin;ito the eniploytnclnt of Ihe contractoi and take pusm!ssion of the premises rind of all materials, tools, and appliancos the►non and finish the work by whatevoi method lie may recent expedient. In such case, tie further payment will he mado flip, Col0rictoi until the work is finished. If the unpaid t balance of the contract price shall exceed the expense of finishing the work, Including compensation for additional managerial and administrative services, such expenses shall be paid to the Contractor. If .such experiso'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 tinder in circler of ;lily court, of other public: authority, for a period of three months, through tic) act or fault of tics Gontirlctor or of anyone employed by him, then the Contractor tray, upon five (5) clays written rtutwu to the Ownf:f ;111(1 the Engineer, stop work or teftninate his contract and recover from the Owner payment for all work executed and ;illy loss sustained upon any plant or ® materials and reasonable profit and daningw;s !! GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be clone, of I(oni the action of the elenhents, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or tiny other natural or existing circumstances either known or unforeseen, which may be encountored in file 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 tho hours of 6:00 p.m, and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. Flowover, 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 flip Contraclor as a regular procedure with the written permission of the City; such permission however, may be revoked at any tirno by the City If the Contractor fails to ' maintain adequate equipment and supervision for tho 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 riot bo 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 perforrn the work in a proper and satisfactory manner. GP-34 OMITTED GP-35 MATERIALS AND EQUIPMENT Unless specifically provided otherwise ill each case, all materials and equipment furnished fur pernlarlent installation in the work shall be new, unused, and urldarlmood when instailed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purl)ose other than that intended or specified, uninss such a=.e is spocificrhlly s+uthonzed by the Engineer in each ("aso, GP-36 DEFENSE OF SUITS In rase, rely action at law or ";uit in equity is hrotiolit srcl,+iwsl tho City or any officer or agent of thorn to( or on account of the f<ulurc, onhi;;!aon, or fleolect of the Contrr(.tor to du ,ind porfoull oily of tho covenants, acts, matters, or thim'I s try this contract mideitakon to he done or porfornhed, or for the injury or danlape caused by the negligence or alleged negligence of tilt, Contracaor or his subcontractors or his or their agents., 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 thy fulfillment of this contract, the Contractor shall indemnify arid save harmless the City and their•officors and agents, of and fronrall losses, damages, costs, expenses,judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-37• CHANGE ORDER Any changes or additions to the scope of work shall bt, through a written ordr:r from the Engineer to the Contractor directing such chanftes ill the work as made rwcrssary or desirable by unforeseen conditions or events discovered or occurring clurincf the piogioss of the work. GP-38 CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the. Engineer. If the time for the completion of the work is based upon working days, this time will be specified in tike M contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop work in less than six (6) hours, the day will not be counted as a working clay. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, ' Sundays, and City holidays will riot be counted as working days any time, during the year. GP-39 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 lime 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 tine abovo grounds shall be filed with the Engineer at the time the cause or causes occur and the ciaitn shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. , GP-40 LIQUIDATED DAMAGES Time is an essential element of the contract and it Is therefore important that the work be pressed vigorously to completion. Should the Contractor or in case of default the: surety fall to complete the work within the lime specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, ,a cf.,duction of an an+ount as set out in the contract will be, ninde for each day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said anlount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to tha City and the public, after the expiration of the tinle stipulated in the contract, and will be deducted from any money due the Contractor under the contract, and the Conhaclor and his surety shall fre liable for any and all liquidalecl damages. Permitting the Contractor to continue and finish the .cork or any part of it after Iht, expiration of the specified time, or altar any extension of the time, shall in no way operato a:; a waiver on the part of the City or any of its right;; urlcler the c;onhac,l. GP-41 _ME_ASU_REMEN_T AND PAYMENT BASIS_FOR_F'nYME_NT Contractor will be paid for quantities actually ronstnlcted of porformed as detornunud by field measurement (except as may be hereinafter provided) at the unit price bid for the Items listed In the schedule of the Bid or for such extra work as rinny be authorized ind approved by the Engineer. The cost of incidental work riot listed in the schedule of the Bid but necessary for the completion of the ' project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK ' If the Engineer deems it expedient clot to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. (c) LUMP SUM ITEMS Paymunt for each 1111111) sum item Shall be at the Iunlp 511111 bid for the itern, 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 tPartial 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 City Engineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld, (e) ACCEPTANCE AND FINAI,_PA`fMENT 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. t (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the ' Department of Public Works a Affidavit of Compliance with Prevailing Wage Law on presciibed form attached to the back of these contract documents. GP-42 RELEASE OF LIABILITY The arceptolice by the Contractor of Ill" iwA ;myll ont shell olwlato an null shall be a wlea:;e to tho Owner and evvly officc-I mid ;ct)vnt thowof, final all clairrns and liability to the Conhaclor for anything done or furni!;had for, or relntfng to thcr work, of for any stet or iie.ol pct of ilia Owner or of ;.lily per:.,rn telatirtd to nr allectinf) the work GP-43 CERTIFICATIONS , GP-33.1 All ,upphei!-, of tnatun;cl:, :.uc;lr ;.e, drarftacle lfipe or luindmil and all ,ttl;l,lic;rs of <rsl,hallir, concrefo of ooftlaod cntnelrl c:oncaoto nrxIlim—, lenity in writirccl th;ct th" product ;v; t,upplwd contorfu:, hilly with tho:,e :;pec:Ihc,ftwn:, :;uch (;(:rtifwaltun :,hail be defiveted in triplicate! to the Dep,tthtnenl of Public, Work:; at lowlt 24 hoof-, befow the pfodw'.1 is to ho lv;wl on Iho ptolect GP-33.2 i )w City, ,;t 11" oldmij, iti,,y twiform or hovf' 1 ,ffunnod :.w'h h".t" ;r, m;q hu df'f!fnrd to futthf,r ltf,,t only :,pc•c rhed ;ire- fncofpnf,ch�d Into Ow wwk j GP-44 ' , LOCAL PREFERENCE in making purchaser, of in letting conhactf, for the peflornmm.e of any )oh of r,ervic.o, the prnch;r:,in(t agent shall give piefetence to all firms, cofpofations or indivicJuais which niafrrtr.tirt office, or plctcvs of business within the corporate limits of the, City of Jefferson, when the quality of the commodity or , performance promised is equal or, better arld the price quoted is the namc or less, GP-45 PREFERENCE FOR U,S. MANUFACTURED GOODS On purchase:, in excess of 'S5,000, the City shall !;elect producl', ntanuhfchin.d, a:;senrbted or produced in the United Status, if quantity, duality, ,fad pffco arc equal l voty + unUa a for public works con:;truction or maintenance in excess of 5,000 shall contain ;t iflovi:;Ion reciuo:.tin(I ling e ontmctor to use Afnefican products in the pe ffor-mince of the conttact. GP-46 AWARD OF CONTRACT - REJECTION OF BIDS All bidders are required to submit with bid ivlinority Business Entet),rise, F..liclibilily Forms for all subcontractors and suppliers who the contractor intends to use on the project, Compliance with this requirement and the, Minority Business E=nterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best mspolvSlble bidder on (he base bid proposal, complying with the conditions of the Advctrtisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson, Missouri to accept satire, The bidder to whore 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 bills and to waive all inforn-mlities in bids receivers whenever such rejection or waiver is in their interest. GP-47 AFFIDAVIT OF COMPLIANCE WiTH PUBLIC WORKS'CONTRACTS LAW Upon completion of project and prior, to final payment, each contractor and subcontractor hereunder shall file with the City of,Jefferson, Missouri, Public; Works Department, an affidavit slating that the contractor or subcontractor has fully complied with the provisions and requiternents 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. GP48 MISSOURI LABORER REQUIREMENT , Whenever there is a period of oxcessive 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 slates 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 (fie Public Works Director 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 ­r regulation. Laborers from non-restrictive states nleans 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 Rclalions Commission. A Missouri laborer means any person who has resided in Missouri for at least thinly (30) days and intends to becorne or remain a Missouri resident. GP-49 LIABILITY FOR COMPLIANCE WI1 H PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully compiled with the provisions and requirements.of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the e9tent that any liability Is assessed against the City of Jefferson, Missouri, or.any additional expenses are Incurred by the City of Jefferson;Missouri, any contractor.making the false statement,•or whose subcontractor makes a•false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states, absent statutory exceptions, whenever there is a period of excessive unemployment in Missouri, agrees to hold harmless and indemnify the City of Jefferson, Missouri, for any liability that may be assessed against it. or any additional expenses Incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS SPECIAL. PROVISIONS FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 TECHNICAL SPECIFICATIONS AND DUAILS Thc,.Technical Specifications for this project !;hoII cow ist of Ilw 1999 version of the Mressouri Slanoard Specificalions for I liollymy com,huction except "I:, modified or contwdict("d by the City's Contract, Tuc:hnical Specification,,, General Provision-�, Special Piovi:.;ions, Detail Plimvc, "Intl .any specr►l or t po6fic Spocihcalimm as included in thr. contfart doc(nnent". All c,un aruc:hc,rr dot,cik n►c.ludc�d with tho phew, mid howfi, sh�►II he used in !;onstmctinq tlus pfojuct i ; SP-2 PARTIAL ACCEPTANCE - The City resorvrs th right to accept any part or all of ihe hid fur the project. SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, n pie-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 Subcontmetors, and the Utilities, gas well as ►epresont,►tives of any other affected agencies which the, owrrer may wish to invite, The work schedulo specifies! In Section IF3-23 of the Information for Bidders will be subrnitted at the conference. SP-4 PREVAILING WAGE LAW Bidders are horeby 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 pcublic 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 loud agent is not acceptable without the necessary paporwork empowering and authorizing the agent to sign the surety's, name. In addition, when an aggregate amount is Included, a statement of they amount of that r acgdragate available to date shall also be attached. SP-6 OMITTED SR-7 MAILBOXES If U.S. Postal Service access to carry mailboxes will be interrupted dialing construction, the Contrar,.tor shall contact the U.S. Postal Service to determine More the mailboxes should be set eluting construction. Mailboxes shall be reset at applop►icato lociationcs by the Contractor once work is complrty, Any m atarials d,a►naged by the Contractor shall tae replaced with materiol of bollor or equal type and duality cat the Contractor's expense. SP-8 TRAFFIC ICONTROLPU RING_CQNSTI2UCT1ON All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, conos,and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. On protects Open to traffir„ "ROAD CONSTRUCTION AHEAD"signs shall bl: placed appropriately. On projects closod to traffic Typo III barricades signed "ROAD.CLOSED" shall be placed at both ends of cans{ruction. Two-way vehicular traffic still be maintained during construction at all times. SP-9 ACCESS TO ADJACENT PROPERTIES Priur to the removal of the driveways to carry dwellings or buildings, the Contractor shall notify the inhabitants of SLJ(;h .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 ite►ns that may be inaccossibie during construction) activities. Pedestrian access shall be maintained at all times. Suitable Access shall be provided across trenches,ditches or other barriers rand obstacles for pedestrian traffic. Appropriate dovices shall be used to warn the public of the dangers that may be present, SP-10 PROTECTION OF ADJACENT PROPERTIES Surfaro water shall be divrrtod and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. SP-11 UTILITIES The Contractor shall expose all utility crossings to ostablish location and depths prior to construction. r SP-12 ROCK REMOVAL No explos;ivos shell be used nn (Iris project. Rock in these areas shrill be rernaved by Illectlaninal ).hipping,jack-hammering or ( lfror mathods approved by the Engineer. SP-13 UNDERGRADING IN ROCK CUT Sodion I S-226 specified that ruck mil areas Ater to be undercut and bac:kfilled will) a dr;rinablo m-Iterial will) lop surlace choked with fines for proper subclrade preparation. No dueta poynrenl sh;tll Im. nand), lot backlill nmtt-rial,;. The only payrnnent n'mdo shall be for ruble ycnds of rock excavation. SP-14 !?001"_DRAINS All tool and/or foundation dlmfv� Ihirt dr;chrult(! Into :III exi,�;time( ditch r,ection, :;tolls sev/of of curb sh,)II be contacted to the{)topo:;ed stoats sewer of cufb, Soo I echnical Specifications Section TS-29, Downspout Drains. SP-15 RC PSI—Of DRIVING SURFACE All seclions of pavement dan)agecI or removed doting construction Shall be replaced in accordance with the following requirements' Existing ' Pavement PI)se Surface PCC Stroet G" PCC Biluminous ;3treet 5" PCC I :!"AC; 4p Cold )nix shall ho used on a tempomly basis;when asphaltic concrete hot Inix is not available, The cold MIX shall be removed and the permanent hot )nix shall he installed when it becomes available. Chat(hives, alloys, and parkin( ates.)s shall be rest)rf iCNI with crushed stone in the areas disturbed. In all aroa-,disturbed by construction activities, replacement and repair of the driving SurfaCe Shall be SUbsidiary to construction. SP-16-- ADJUSTMENT OF UTILITY SERVICES The necessary adjustment of utility services such as water, gas, telephone, and electric., including meters., valves and other appurtenances shall be Subsidiary to the work. '. SP-17 PLUGGING AND ABANDONMENT OV EXISTING PIPES All pipes to be abandoned shall he plugged and sealed with portland ce.rrre.nt concrete at 1 the locations as shown on the plans. All pipes to be abandoned shrill be Camplelely filled with clean sand. The send shall be ' blown into the pipe by using comprossed air or other Such means. , All plugging and filling of pipes shall be Subsidiary to the work. ' SP-18 OMITTED SP-19 OMITTED SP-20 ITEMS TO BE LEFT IN PLACE Items markers "LIP" on the plans shall be "left in ( k'we:". Any darnage to those items, or other items that were not to he disturbed by construction shall be repaired by the Contractor at his own expenst!. SP-21 REMOVAL. OF TREES I'll(! Contmctor !,lia(l ranwve i0l tmcr thief will ho rrnpactod by the project prior to conch uctiun. SP-22 CONSTRUCTION STAKING The City will w'lirblv'h the contioi puint'., lur tho trail and the ConU,+ctor will bus wspolisible fur centerline staking, slope stakuu�, and oll othei construction staking. SP-23 MISCELLANEOUS CONCRE T_E Under this dent will be quantities fur the rail support conctote, paved ditches and all other miscellaneous concrete required for the trail. T'he cost will include all reinforcement and other appurtenances required for the construction. ' SP-24 SUBCONTRACTING No second-tier subcontracting will be permitted oo this project SP-25 SUPPLEMENTAL RREPORTING REQUIREEME_NTS A. The Contractor will keep such records as are necessary to dote nine compliance with the Contractor's equal employment opportunity Obligations. The records kept by the contractor will be designed 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 subcontractor will 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 cacti work classification required by the contract work. SP-26 INSPECTION BY MODOT AND/OR FHWA PERSONNEL ' Inspections of the work (nay be made by th) Missouri Department of 'i"ransportration (MODOT) and the Federal Highway Administration (FFIWA), The Contractor shall grant them access to all parts of the work, SP-27 OPERATING POLICY STATEMEN'r The Contractor shall accept as his operating policy the following statement, or one of equal coverage,, which is designed 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 omployment 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 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." SP-28 FEDERAL AID REQUIREMENr5 The attached federal-.aid requirements are hereby made a part of this contract: • BUY AMERICAN POLICY • NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) • STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) • TEMPORARY PROJECT WATER POLLUTION CONTROL (SOIL EROSION) — AUGUST 1972 • CERTIFICATION REGARDING LOBBYING ACTIVITIES i • NONDISCRIMINATION IN EMPLOYMENT • DIFFERING SITE CONDITIONS, SUSPENSIONS OF WORK AND SIGNIFICANT CHANGES IN THE CHARACTER OF WORK • REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS END OF SPECIAL PROVISIONS SECTIOiti` X NO SECOND-TIER SUI3CONTRAC TING 1 No second-tier subcontracting will be perm;'.ted and wording to this effect should be included in the specifications or bid proposal. 1 1 1 11 r: r r i t r� BUY A ME R1 CA PO 1,1 C Y April, 1995 On Federal Aid contracts, all steel and iron and coatini,, of steel and iron shall be domestic except alternate b1dr, may be permitted as hereinafter provided for foreign and domestic Steel to be permanently installed on the project Jlov;ever, effective March 24, 191,6 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 bid" f'()[- foreistri structural stet:) and co"Ittill." of'steel are permitted in this contract, a separate proposal will )e Included -.s it part of this Special Provision listin- only those items on which a foreign .5teel bid may be offered Tl ^ bidder is advised that fie may SUbmit a bid for domestic steel only and the award of,the contract will be based on lus total bid. If the .bidder desires to submit a bid for foreign steel, lie shall also submit a bid for SUCh' i-naterials from domestic sources on the iternized proposal. Failure to furnish a bid for the domestic steel itenis 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 on domestic steel: or (2) 125 percent of the lowest total bid haled On the foreign steel alternate. If the basis of award is dornestic steel, foit.!T'n steel shall not be used. If the basis of award is foreign steel, either domestic or foreij.;n steel will bc acceptable; however, payment will be made at the contract unit prices for floreij;n steel. Domestic means rnaralfhCtUred in any of the 50 states, the District Of Columbia, Puerto Rico and Other territories and possessions of the United States of America. Where dornestic, steel is otherwise required by this contract, foreign steel may be supplied in minor amounts not to exceed 1/10 percent of the total contract cost or 52,500 NvIlichever is greater. (Note : The Buy Arnerica Policy Provision has been incorporated into the 1996 Missouri Standard Specifications for HinfiNvay Construction, and the Missouri Standard Specifications are used in the contract, this provision does not need to be included.) FIG. X-2 NOTICE Oh ILI?QU1121?,,�11:N'1' FO1t Ahhllt,tifA'1'IVh: �C:'I'IU,\' '1'U December 1980 ENSURE EQUAL h,111'LOVIti1EN7' C)PI'Olt'I't.INI'1'1' (1';\h;Cll'1'I�'h; ORDER 11246) I. The OlTeror's or Bidder's attention is calla) to the "FItial OpporUa►ity Clause" and (lie "Standard Equal I:ml)loymenl Opportunity Co11stroction C'ontrnet Specifications" set Rn1h herein, ' 2. The goals and timetable for minority and Icnr►lc pattivipation, expressed in percentage terms for the Contractr,r's agl;regate workforce in each trade on all construction work in (lie covered area, areas follows: 3. construction contractors which arc paltrcipating in an appr,.,vcd Ilc.,rnclown 1'1,111 (sec 41 CFIt 60-4.5) ace required to comply with the goals ol,the I lontctm.wt I'lan with regard to constnclion work i they perform in the area covered by the Hometown flan.' With regard to all their other covered'construction work, such contractors arc required to comply with the following goals: Goals for Female Participation in Facb. 'l rode AREA COVERED Goals for women apply nationwide. COALS AND TIN-1111'ABITS Goals 'Timetable (percent) From Apr. 1, 1978 until Mar. 31, 1979 11 From Apr, 1, 1979 until Mar. 31, 1980 5.1 f=rom Apr. I, 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 2.3 Chariton 4.0 Barton 2.3 Christian 2.0 Bates 10.0 Clark 3.4 ' Bcnton 10.0 Clay 12.7 Bollinger 11.4 Clinton 10.0 Boone 6.3 Cole 4.0 ' Buchanan 3.2 Cooper 4.0 Butler 11.4 Crawford 11.4 Caldwell 10.0 Dade 2.3 Callaway 4.0 Dallas 2.3 NOTICE OF Rl:.(;)Ulvl h11:N'I' FOR AhhIIZN,tA'I IVIi ACTION (C'atit'(1) Camden 4.0 Daviess 10.0 Cape Girardeau 11.4 DcKalh 10.0 Dent 11.4 Nod;nv;►y 10.0 Douglas 2.3 Oregon 2.3 Dunklin 26.5 1,0 Franklin 14.7 ()%alk 2.3 Gasconade 11,4 Pen►iscot 26.5 Gentry 10.0 I'..rry 11.4 Greene '.t) I'rttk IO.() Grundy 10.0 I'hclp;, .1 1.4 I larrison . 10.O Pike 3.1 j licnry 10.0 Platte 12.7 Hickory 2.3 Polk 2:3 [Olt 10.0 Pulaski 2.3 'I Iloward 4.0 I'utnau► 4.0 ' Howell 2.3 )falls 3.1 Iron 11.4 Randolph 4.0 Jackson 12.7 Ray 12.7 Jasper 2.3 Reynolds 11.4 Jcf erson 14.7 Ripley 11.4 Johnson 10.0 St. C.'hal les 14.7 Knox 4.0 St. C'laii 2.3 Laclede 2.3 St. Franrois 11.111 4P Lafayette 10.0 Sle, Ocncvievc 11.4 Lawrence 2.3 St. Louis City 14.7 Lewis 3.1 St. Louis County 14.7 Lincoln 11.4 Saline 10.0 Linn 4.0 Schuyler 4.0 Livingston 10.0 Scotland 4.0 McDonald 2.3 Scott 11.4 Macon 4.0 Shannon 2.3 Madison 11.4 Shelby 4.0 Manes 11.4 Stoddard 11.4 Marion 3.1 Stone 2.3 Mercer 10.0 Sullivan 4.0 Miller 4.0 'Taney 2.3 Mississippi I Let Vernon 2.3 Moniteau 4.0 Warren 11.4 Monroc 4.0 Washington 11.4 Montgomery 11.4 Wayne 11.4 Morgan 4.0 Webster 2.3 New Madrid 26.5 Word) 10.0 ' Newton 2.3 Wright 2.3 These goals are applicable to all the Contractor's constriction work whether or not it is Federal or ' federally assis(ed) perl'on»ed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply to the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals I'm both its Federally involved and nonfederally involved construction. The Coulradol's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on it.; implcnwnlalion of file Equal Opportunity Clausc, specific affirmative action obligalions required by Ihr specifications sct lorth in 41 C'PR 60-4.3(a), and its efforts to meet the goals. 'life hours al' minnrtty and I'emtdc employment and training trust be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transler of minority, or fernale employees or trainees (turf Cofilractor to C'ontrrcfot of from project to project for the sole purpose of meeting the C'ontractor's boat.~ shall be a violation of the comtract, the Executive Order and the regulations in 41 CPR Part 60-4. Compliance with the goc ,Is will he metisure against the total work hours performed. 4. the Contractor shall provide written notification to the Director-of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction.subcontract in excess of ,$10,000 at any tier for construction work under the contract resulting from this solicitation. `111c notification shall list the name, address and telephone number of the subcontractor;-employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 5. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the county, route, and limits described in the proposal for the work. STANDAltl) I'VID AZAI. EQUAL F,-NI PLO YN]F,NT OPPORTUINITY CONS'1 RUCTION CON` RAC f SI'h:('lhl(',1'I'IONti (1-XSI-j'UTIVE. ORUISIt 11246) July 1980 I A" u:,(.d III Ih+ sc spccifn•ation;: ( "c"+l�rn ct 1r+ ;(" nl. ,Irr, (Ile c co}trrphr_al area described in the solicitation which this rolillacl I, "I )I ctor" nI+•aw; ! )nrct+u, Ulti '_ 1 Fcdcral C'oltllact Compliance Programs, United ."��.111 I l+'1+•1111111'lil X11 1 +t: Ill)` 11cl "Il; (o hh,ol lh•' I)I(l'llnr delcvale.,; authority; c. nlpioycl WC11lllica(IMI NwIllm" mean~ the i cderal Social Security numhcr used on the l:rnploycr's Vuarferly Federal Fax Return, U.S. "Treasury vepatinient hortn 941; if "Mlnnllly" in+ ludo'; (i) (Hack (1111 pelsons having; origins in any of the Black African racial groups not of I Iispanic origin); (u) Ilc.pantc- (all pctson of Mexican, Puerto Rican, Cuban, Ccntral or South American or (lthrl Span11.11 (whole ill car);l n, tc)";ulllrss of rlcc); (Ill) :1 .1.11) .111+1 Pa.'Ific 1'a;In&-I (all p,ls+ n. 1111vinit, +lrii:ills in any of the original peoples of the Tar I wI, +n1lhe.lsl A:.i;I, the I(Ithall StIlw(ltttlncw, or the Pacific Islands); and 4P (IV) Amviwan Indian of Alaskan N; dice (all persons having origins in any oftl)e original pcopics of N+adl Anlc•rlc;m and Inainl;linin)' iderluliahic trihal affiliations through membership and partmcipaticnl of c:ornrntl(Iiry ldcntification) :1. \Vlu•nc•vcr dlc• ( 'onoac•lol,or any tiubrolltlador at any tier, subcontracts a portion of the work involviul", any con:doucfiurl oadc. It 111;111 physically include in each subcontract in excess of$10,000 the ptovtsiuns of these sprcibca(iou; 1111(1 the Notice which contains the applicable goals 1'or minority and (cnlllle participation and which c;sot lorth in the solic(fatiorns from) which this contract resulted. '" S, If the ( 'oll(lac11rr i:, pm(ielp;mint. (jim!;u;nit to 4 1 CF 60-4.5) in at Ilomctown Plan approved by the tl,S, I)cp;ulnlellt of I ahol in Ihe• cc veled ilea cifh(:r individually or through an association, its ' 11ffillmilive acliorl ohhp,;l(iun:, oil All wCrlt 111 file flan area (including; goals and limelables) shall be in nccoldulicc! with Ihat 1'1ao fol dlw1 c• flack), l.01:1,11 h;nc union~ participating in the Plan. Contractors must lie able to demonstmW then pulficipatiull in and Compliance with the provisions orally such Hometown Ilan, FaJI Con1111ctol oI ';ubconoactor pa1(iciliatutp• in an approved flan is individually required to comply with its olllil;;loon:; undc; till- FAA) chww, and to make ,I good faith effort to achieve each goal under the I'huf in +inch tlluie ill �ahlrlr it ba entpl6ycc:;. The overall good faith performance by other Conlractors or `lubcoflllaclols (owilld it goal in art appm ed flan doics no( excuse any covered Contractor's or Subc:ontracicu's failme to take 1"ood kilth c1,1om; to achieve the flan goals and timetables. 4, The Contravtor sludl inlpictnettl (Ito "lle•cific ailirnlalive action standards provided in paragraphs 7a through p of tllcsc The goals .wl 1,6101 in the solicitation from which this contract resulted ON expre:;std its Il(:wi!IltlIj1y.,; 6f du: (o411 hour, of employment till(( (ruining, of minority and female utilization llle Conitactol tihouhl It-it"ollAdy be able it, "whieve in each construction trade in which it has r clrlplo1 secs 111 the cov( fod ;Iwa. Coveted ( (lwdluctloll cunflat:l(w, pCI1(I1111111)! Colls(I'm:(loll wort: ill g eoglaphic:al aleas Miele they (lu not ha\ a halmll or li'dmilly as;kled coutiUuclit)n contract Olaf] apply the minoli(y and felliale ftoills ustahli.shed lot iht. t,cog!iapl}icnl aura where the woik is Icing, peitiMm 1. (ioals ale not published pellodically 1)l th(: hedetal Reg',is(e1 in notice 1,61111, ;Intl such uoliccs nrly he ohlallled floor ;Illy I-vd(:lill i�(')',1.`tl('I' Ill nolict.. lolls, :1110 t;►Ich nolicc'; Illa)' I!• ohl;I1nCd from ally 011lcc of cdcrnl Collhacl ('ompli,uv•e flog mill:, (lificc of Multi hA.- al Inocolomeot coll1mcting! officers. 'I flu ( (I lltI;lcII)I Iti 1.`>ptt'1('(I I ) Illake suhI,I:Iwl;llly Illli lot ill IIIO}',I(.',ti �i�tla+(I II', I!t)itl', Ili (."wh cI 111 (hillll)' lilt` poIlod s let,IfIcd ,, Nclllll•I Ills' filo\I-loll'; (it aw, l'ttll('lll\t Iml)!ai111+11' ;WI Ct'IUl'lit, Ili IIt` fallill by ;I Illlloll \\1111 \\IOnI IIt• ('oIl(I;li I'll Ia , ;I , olli', 11%" 1+,II" 1111111,• ;1)'wcll)''I,1, I+, Irlc•I I'll 11''I 11:111111)Ilt', (,l \1tt111('tl `.11111 ex ll:,c Ills' ('ontlill'lol h OIllp,,�Owll`, Illltf(•1 lilt"(' ',Iwt Itlt Illioll", 1 '.('t.1111• ! )Ids-f I I.' f0, OI tll' Ic)'111,IlIOn`. ' pronudl,atcd polmlant tilcicto. 6. In orliel I'm the nonworkin)• u;lini11). hotly; of apprentices; mud trainers; to he colnlled in meeting the goals, such apprentices and nairn-Irs, nlu:,1 Ili-- c'nlployrd Iy (he ('olltia"lol :ImIllp,, the limlillip. period, and tilt Contractor must have made 11 Commitment to employ the apprentices and n;unevs at the completion of their training, Subject to the availability of employment oppot(ollitties. 'I MineCS 111tht he trilincd 1111I:Silant to unining, prol;r(uns al)lu,ovc(f by the U.S. I)ellattmeut elf labor. T The ('olllractol shall take specllic allillllat►v): action'; to cosulr (:tfual cnlpl:lyolent opportunity. The evaluation of the Contractol's c(lulpfiance wltll these s,pc(•Ilicatioos shall Ir hw,ed upon its CHolt to achieve nlnlxunonl WMIIls flow Its, arn(ul', I Ir 1 "(lllhiwtttl ,Mali if()( klown( tilt':,( rltt)lt', fully, and shall implement ilf lit nlativc adlol) ;tells 111 fc'a:,l iI'm r t.n',Irr as; II(• t+)UO\tIlw a. I"llsurc and limin(•lin 11 \(orklll)' cnvllontilent lint: of Ia1;ls;nu.nt, liltImitkllion, and cocicinn at all sites, alld in all I'acilities at which the ('ollhacim's; emlfloyces ale a:;,:i)!twd to \yolk. The Coiltiactor Shall specifically ensure Ihal all 1u1(•111cn, s;uperinlendcnts; ;Intl miler on-mlo s tlpervisory personnel are aware of and can (Ill( till' t'ollll'ilClol'ti altelllloll to minority or l''mal(' In(II\'I(Iuill`i \vUlklnt! ill such tiNCti C1!' in such facilities. b. Establish and maintain ;l ctllll:nl hst of minority and I,cnialc rcrroitnl(:nl sources, prov.idc written notification to minority and f'enlalc iccnlitlu(:nt suu►ccs and to conunonity organizations when the Contrador or, its unions have errlploynlent opporlunities; available, and nlilintairl a record of the organizations' responses. Maintain a current lilt of(Ile names, addlesses and telephone ntimbui:; ol'each minority and tcimile off'-die-street applicant and minority o+ Vemale lcl iral fionl a union, ;► Ieclultnlent ,,nurce ar cr7nlnlunity organization and whist action was taken with respect to each such individual. If such individual was Setif to the union hiring 11a11 for referral and was not referred I(ick to (lie Continclor by file union or, if wfcrred not employed by the Conliaclor, tills shtlll he docun►enled in the file with the reason theref`ol, along with whatever additional actions (he Contractor, nwy have take+;. d. Provide immediate written notification to like I)ir(..glue when tiles union or unions with which (lie Contractor has a collective bargaininn lig leenleul has not lefisl od to the f'nnlractor 11 mirlorily person or ' woman sent by (he Contractor, or wheti file Colill'aclol'11as other, infmmatioti th;it the union icfeiral process has impeded the Contractoi's efforts to meet its oblig,utiorls. C. Develop on-the-jolt training ollpoltunrtics 111)(1/01 participate iu tl;liuiul; prol,rams for the area which expressly include minorities and women, including; upl fading; progl,ranls; and apprctiticesllip and 1 Uaince pro}!turns relevant to the c(mnactor's employment teals, especially II►o,c progiams Il111ded or approved by file Department of Lahor. 'l In ConIiii0or shall providC tome (if these proguuns to the sources complied under 71) above. DI:;.Sclllinale the ( on Iactor's I.I•.O policy by plovidinp. ImUce of the policy to unions and Irainirl) pro};rams and requesting- their cool,cration in assisting,, the ('ontractol in necking; its I+X) ohli}cations: by includirlie it in any police manual and collecti%c b;ut-.;riniop igUwcntent by pul,liciiin}; it in'the company newspaper, annual report, etc.: by specific review All the policy v.ilh Al nuulagoillent personnel and with all minority and female employee;; at Icast one it yc;u; and by posting the company 1`.I;U policy oil hullctin hoards accessible to Al cillployccs at each locainul ��h.re emr imcnon twll, r, performed. };. Rcvicw, at leas( annually,the c(nripeny'•, I (1 pohc� ; nd ;II I'll n1:111%r ;i.mini ol,lito:rtions under lhc,c . spec►licatioil's with all employees having; any responsibility Iol hirinl;, as;;ig;nincnt, Iayoll, termination or Ali other employment decisions including specific review of these items will, onsitc supervisory personnel such as superin_tcndenls, General Foremen, etc., prior to the initiation of conslructinn work at ,lily job site. A written rccorcl shall be made and maintained icienlil_vinl; tl,e tine and glare of these nlcctin};(, persons attending,subject matter discussed,and disposition of the subject mattci It., Disseminate the C'ontractor's 11110 policy externally by including it in any adveiiising in the news media, specifrcall'y including; minority and female news media, and providing written notification to and diSCLIS5in}; the C'ontractor's EEO policy with other C'onlractors and 5ubcon(ract(ars' with whom the e Contractor does or anticipates doing business. t. I)irect it's recruitment cffolts, horli oral and ��,illen, to miirtorrty, Ien alc and Community, organizations, to schools with minority and female stridults and to minorlo, and female recruitment and training organizations serving the C'ontractor's ra:ruilrncnt via and employment needs. Not later than one month prior to the date lur the acceptance ol' applications l'or apprenticeship or other training; by any rcCruitnlalt source, the C'ontr•actor shall send written notification to organizations such as the above, describing the openings,screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employes to recruit other minority persons and women and, ' where reasonable, provide after school, Sumner and vacation cnlployrnent to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirement where there is an obligation to do so under 41 CFR part 60-3. 1. Conduct, at least annually, alit inventory ail([ evaluation at least of all minority and flemale personnel ' for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. ' rrl. Ensure that seniority practices,job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities (o ensure (hat(lie EE0 policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or ' single-user toilet and necessary changing facilities shall be provided to assure privacy between the secs. o. Document and Inainl;rin a record of all solicitations of offers for subcnnuacts floral minority and female construction contractors and suppliers, including; circulation of Solicitations to minority and 1 female contraclor assoc latloils arld other business associations. p. Conduct a review, at least annual)}, of all supervi'ors adilt'- r1wc to and lice lornlance under the Coulf.'.Aol's I-'F() policies and al7irnlrrtivc action ohlig;]bons. X, Contlaetors arc encoulaped to participate in voluntary associations which assist in fulfilling, cote Or more of their affirmative action obligations (7a lhroug',Il pl. 1 Ill' CftnrtS of it C0111'ac101'association, joint contraclor union, corlLractor Community, or other similar ploup of which (he contractor is a member and lruriciponl, rainy be assclted a:; Ittltillingt any our ur more ol'it:; ohlig;1tions under 7;1 throuyll l' of these Specilicanons plovided that the contractor actively participates in the ploup, makes every c:llorr to assure that tlle,group has a positive impact on the employment of minorities anti walnul in (he industry, ensures that the concrete benefits of the program are reflected in die Contractor's minority and female workforce participation, m<lkes a good Iaith effort to meet its individual goals and tirriclahles, and can provide access to documentation which demonstrates th4 effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligations shall be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established to provide equal employment opportunity and (o take affirmative action for all minority groups, both male and female, and elf woolen, hoth minority and non-minority. Consequently. (he Contractor may be ill violation of the Executive Older if a particular group is employed in a substantially disparate nmillicr (for example. even (hou);h the Contractor has achieved its goals for wonu;o generally, the C'ontr"cctor play be in violation of the Executive Order if a specific minority group of women is undenitilixed). 10 The Contractor shall not use the goals and tinletahlcs or affirmative action standards to discriminate zlgainst any person because of race, color, religion, sex, or mltional orlg;rrl. I I. The Contractor shall riot enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its ' implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of thcsc spc6171C,16011s and EXCCIrtiVe Order 11246, as amended. ' 13. Tl1c Contractor, in fulfilling its obligations tinder these specifications,shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. ' If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations,or these specifications, file Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all erlploynncnt related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number,race, sex,staters(e.g. mechanic,apprentice, trainee, helper, or laborer),dates of changes in status, flours worked per week rn 1110 Indicated trade, rate of psly,and locations at which the work was performed. Rccords shall be maintained in an easily undcrse��ndablc and retrievable farnl; however; to the degree that existing records satisfy this requirement, contractors shall not be required to rllaintain separate records. 15. Nothing herein provided shall be consU•l,ed as a limitation upon tine application of other laws which establish different standards of cUnlpli�nCC or 11110(1 the a,=r1lirUirin of requircnlents for the hiring of local or other area residents(e.g. those under the Public works l rl►ployment Act of 1977 and the Cotnrnunity I)cvelopment Block Grant Pi nant). 4p 5U!'1'LL;N11�►ti'!'A1., Iilsl'C)IZ'1'I\C; Itl.(1UIItli,►�'lh;N'I'ti A. ']'lie contractor will keep such records as are necessary to determine compliance with the be contractor's equal cmp{oyn►ent opportunity obligations. '1'hc records kept by are I wank ntcmµltol ed designed to indicate file number of min(,rity and man minority t, { I Y in each work classification on file project. , 13. All such records ►must be retained 1'or ► period of three years ('ollc»vial; ccnnp)elian of the contract wnrk and shall be available at rcasonahle tirncs and places for inspection by authorized representatives of the State I Iighway agency and the Federal I lighway Administration. C. "file contactor and each covered subcontractor will submit to the Stag I Iigltw;ry agency, for the moilth•of July, rot'the duration of the project; a report (norm P1Z-1391) "I ederal-Aid J ligbtivay Construction Contractors Annual EEO Report," indicating ti►c number i f minority, women; And non-minority group employees currently engaged in each work classification required by the contract'work. .SEC'T'ION X TUNTPOR-ARY PROJECT' WATER POI. LUTIOiN CONTROL, (SOIL EIROSIOiN) -August 1972 DESCRI'11TION: This %vork shall consist of temporary control measure., as shovm on the plans or ordered by the engineer duritiv the life of the contract to control water pollution, thrOL1j!,h Use of berms, (likes, darns, sediment basins, fiber' i► ats, nett►rlL,,, gravel, mulches, grasses, slope draills, and other erosion control devices 6r methods. The temporary pollution control provisions contained herein shall be coordinated with the 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 inats, netting;, WOOd CCUL110SC, 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 v.,ceds and dcletcriOL►S NIZW'IiZLIS. b. Slope drains play be constructed of pipe, fiber nlats,i-Libble, portland cement concrete, bituminous concrete, plasti6 sheets, or other material acceptable to the engineer that will adequately control erosion. C. Grass shall be a quick growing species (such as rye grass, Italian rye grass, or cereal grasses) suitable to the area providing -r), temporary cover which will not later compete with the grasses sown later for permanent cover. d. Fertilizer and soil conditioners shall be a standard commercial grade acceptable to the engineer, e. Others as specified by the engineer. ■ PRECONSTRUCTION CONFERENCE: At the preconstruction conference or prior to the start of the applicable construction, the contractor shall Submit for acceptance his schedules for accomplishment of temporary arid permanent erosion control work, as are appli.,.-abl.- for clearing arid grubbing; grading; bridges and other structures at watercourses; constrLiCti.011', arilt paving. He shall also submit for acceptance his preposed method of erosion control on haul roads and borrow pits and his plan for disposal of materials. No work shall be starter+ until the erosion control schedules and methods of operations have been accepted by the enCc-, irr-r- FIG. X-8 SEc rio. x INNSPECTION BY DEPARTMENT AND FEDERAL IJIGTIWAY AI)MINISTItA;I"ION The city's specifications should stipulate that inspections of the work may be made '.y the IvIoDOT and FHWA and that the contractor shall juant thern access .lo a!1 parts of the work. Personnel of MoDOT will take all independent assurance samples for the city and provide the test ® results thereof. .e FIG. X-9 . C:1-,"RTI FI(:AT1 01 RE GA RDPS(; LOBBYLNG ACTIVITIES: In accordance %vith Section "191 of I'aw )0 1 ..121 0"0' 1);Jder' under penalty of PCrjUD- certifles by sibmit-q.; ind SUbmitting this bid Or that I No federal appropriated 1'avc beer} paid ol v.-ill be, paid, by Or Oil behalf of the Undersigned, to any person for i T1flLJ Cfl,:i 11',' Or to infltwncc an Officer of employec of arty federal avency, a N'Ieinber of Coiwres-,, ii1 oF,1-'i- of emplovec of Conf"I-CsF" or all employee Of ,! Member of Congress, in connection %%"01 the av"ardlill" of imy f-"dc(,d contract, the making of any federal grant, the making of any federal loarl, the enteritis; into (")f I any coQperalive agreement, and the extension, continuation, renewal amendment, or modification of nny federal,contract, gr ant, loan, or cooperative agreement, (2) If any funds other than federal appropriated funds have been paid or will be paid tb any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employef, or 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 FORNMAJ, "Disclosure Form to report Lobbying," in accordance %vith its instrtiction.11 This certification is a unateri,,.l ref)rMilt,1.6011 Of fact L11)011 WhiCill F(dialICC WaS placed when this transaction was made or entered intc.. Submission of this cvriificatiori i3 a prerequisite for making or entering into this transaction imposed by Section 135 2, Title 31, U.S. Code. Any person who fails to file the required certification steal! 1,e subject to a civil penalty of not less than 510,000 and not more than S 100,000 for each such fil'IL11'C' 'I'lie bidder also agrees by sul-.1mitti-6 '*;-.* bid or proposal that they shall require that the vcr tier subcontracts, w1iicli exceed $100,000 and language of t1iis certification be included in F,,i lwt x that 111 such subrecipients shall certif) and disclose accordingly. 11CG. July 1990 NONDISCRI311NATION IN 1;NIPL,OY,NIFN'1' The following provisions are added by the Stare to the 12cyuircd Contract Provisions of Federal-Aid Contracts. 'I ite contractor is advised that the excruptions Icfcrred W in [lie Required Contract Provisions, Federal-Aid Contracts under Section 11, NondiscriInillation, Paral,r►ph 3g, with respect to contracts and subcontracts, are substantial and arc to be found in C'haplcr 00, Office of Federal Conlract Compliance, L;qual I:nrplc.►ynlcnt Opportunity, Depallment of I.ahor (33 Federal Kcgistc► 780.1-7817., May 28, 1968, effective .lily I, 1968, Chapter 60, 'Title 41, (*mic- of Fcdcr;rl Rel;ulations), hY which contracts and subcontracts ofS10,000 or less and certain contacl�: and s!,broutlucl>, I'or indcI-1111 W yuanlrtics are exempt. The two pertincilt exemption clauses are as follows: 60-1.5 f,xeniptions. (a) General-(1) Transactions of$10,000 or under. Contracts and subcontracts not exceeding $10;000, other than. Government bills of lading, 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 bonds and savings doles, are exempt from the requirements of the equal opportunity clause. In determining tits applicability of this exemption to any federally assisted constnrclion contract, or subcontract thereunder, the amount of such contract or subcontract rather than the amount of the Federal financial assistancc shall govern. No agency, contractor, or subcontractor shall procure suplrlicy or services in a manner so as to avoid applicability of the equal opportunity clause. Provid'-.d, that where a contractor has contracts or Subcontracts with the Government In any I2rnonth period which have an aggregate total value (or can reasonably be expected to have an aggregate total value) exceeding 510,000, the 510,000 or under exemption does not apply, and the contracts are subject to the order and the regulations issued pursuant thereto regardless of whether any single contract exceeds S 10,000. (2) Contracts and subcontract., for indefinite quantities. With respect to contracts and subcontracts for indefinite quantities (including, but not limited to, open end contracts, requirement-type contracts, Federal Supply Schedule contracts, "call-type" contracts, and purchase notice agreements), the equal opportunity clause shall be included unless the purchaser has reason to believe that the amount to be ordered in any year under such contract will not exceed S 10,000. '11re applicability of the equal opportunity clause shall be detennined by the purchaser at the time of aware( for the first year, and annually thereafter for succeeding years, if any. Notwithstanding t(le above, the equal opportunity clause shall be applied to such contract whenever the amount of a single order exceeds S 10,000. Once the equal opportunity clause is determined to be applicable, the contract shalt continue to be subject to such clause for its duration, regardless of the amounts ordered,or reasonably expected to be ordered in any year. r OpFRA"I'11'C; The Contractor shall accept as his operating policy tile following statement, or one of equal coverage, Which is designed to further the provision of equal C111ployrl1ellt opportnrli(y to all person 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 assktre that applicants are employed, and that employees are treated during employment, without retard to their race, rcligion, sex, color, or national origin. Such action shall include; employment, upgrading, demotion, or transfer, recruiUtlent or recn►itnlent advetlising; layoff or termination; ra(c.s of pay or other forms of �.,+mpcnsatinn; and sciccticun for training, including apprenticeship, pre-apprenticeship, snld/cu• un-t1 eJOI Ua ininl�." • r r r r r . r r r S Y CT I ON x May 1989 DIFFEIRING SITE CONDITIONS, SUSPENSION'S OFNVORK ANN) SIG, ' CAY CHANGES ENTEE Cfl'ARAC:1'1'-:I*N' OFNVORK 1. Differing site conditions, (a) During the progress of the work, if subsurface or LOCIlt JAl%'Si-al corldiLions, are encountered at the site differing rnaterialh frorn those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and genctally recognised as inherent in the worl. provided for in the contract, arc encountered at the site, Ilic party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before they arc disturbed and before the affected work is performed. (b) Upon written notification, the engineer will investigate the condidoris, and if he/she determines that the conditions materially differ and cause an increase or decrease in the Cost or time required for the performance of any work- under the contract, an adjustment, excluding loss of anticipated profits, %•ill be made and the contract modified in writing accordingly. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract is warr-witcd. (C) No contract adjustment which results in a benefit to flic contractor will be allov,-cd unless the contractor has provided the required written notice. (d) No cont-ract adjustment will be allwwcd und.-i this clause for any effects caused on unchanged work. 2. Suspension of work ordered by the crigincer. (a) If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary', or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in Nviiting a request for adjustment within 7 calendar days of receipt of the notice to resume work The request shall set forth the reasons and support for such adjustment. (b) Upon receipt, the engineer N%ill evaluate the contractor's request. It the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding prof-it) and modify the contract in writing accordingli-. The cn,r'.nccr will notify the contractor of his/her datcrnunal.ion NyLict.her or not an adjustment of the contract ifwarran(cd (C) No contract adjustment will be allowed unless the contra-,tor has submitted the request for adjustment within the time prescribed. (d) No contract adjustment will be allowed under this clause to the estent that performance would have been suspended or delayed by any other Cause, or for whizii an w1ju5L.71.ent, is prcvidcd for or cx;!_dcd uiit--',..r any other term or condition of this contract. 3. Significant changes in the character of work FIG. X-13-1 SECTION X (a) The engineer reser-es the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as arc necessary to satisfactorily complete the project. Such changes in ' quantities and alterations shall riot invalidate the contract not release the surety, and the contractor agrees to perform the work as altered. (b) If the alterations or changes in a�lnntkics significantly change the character of the work under the contract, whether or riot changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, tivill be made to the contract. Thu- basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contract in such amount as the engincer may determine to be fair and equitable. (c) If the alteradons or changes in quantities do not significantly- change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contrnet. (d) The tern "significant change" shall be construed to apply only to the following circumstances: (1) Whcn the character of the work as altered di.ffcrs materially in kind or nature from that involved or included in the original proposed construction or (2) When a major item for work, 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 o1 work verforrned. • e t t FIG, X-13-2 r lUI-QUJlU'ID CONTRACT PROVISIONS -DERAL-AID CONSTRUCTION CONTRACI ............... .............................................. .......................... ........... 11. Nondiscrimination.................................................................... ........................................... 111. Nonsegregated Facilities.................... . .....3 IV. Payment of Predetermined Minimum Wage..............................................................o.........3 V. Statcmcnts and Payrolls.......................................................................................................5 VI. Record-of Materials, Supplies, and Labor....................... .................................................6 VII. Subletting or Assigning the Contract...................................................................................7 VIII. -Safety: Accident Prevention.......... ...... ...........7 OHi ...................... IX. False Statement Conccrninc, gliway Projects......................... .....................7 X. Implementation of Clean Air Act and Federal Water Pollution Control Act.............. .................................................................................8 XL Certification Rcgardiil­ Debarment, Suspension, Ineligibility, arid Voluntary Exclusion.............................................................................._8 X11. Certification Regarding Use of'Contract Funds for Lobbyin,'g. ........I...........I.,................. .........I..................I............9 ATTACHMENTS A. Employment Preference for Appalachian Conti-acts (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 tinder 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 made. The Required Contract Provisions shall not.be incorporated by reference in any case. The prime 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 t1LSe Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the f6llowinr; clauses of the Required Contract Provisions nr►y also I be grounds for debarnnent as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2,3, 4 and 7; Section V. karat raphs 1 and 2a through 2g. 5. Disputes arising out of' the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the I general disputes clause of this,contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOI.) as set forth in 29 C,FR 5, 6, and 7. Disputes within the meaning of this' clause include disputes between the contractor (or "any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: Durinst the performance of this contract, the contractor shall, not: a, discriminate against labor from any other State, possession, or territory of the United States (except for cnnploynncnt preference for Appalachian contracts, 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 wlio are on parole, supervised release, or probation. 11. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of '$10,000 or more). e 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements 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 CFR 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 EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth tinder 41 CFR 60-4.3 and the provisions of the American Disabilities Aci ' of 1990 (42 U.S.C. 12101 et se`___c..) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following mininnum specific requircrnent activities of EEO: ' I. contractor will wort; with the State highway a,ency (Si IA) and the hcderal Government in carryin}, out EEO obligations mid in their review of his/her activities under the contract. h. I he Contractor %%ill accept as his operattu;; policy the f0llo�vinf; statellicnt: "it is the poiic - of this Company to assure that applicant:; ;ure employed, and that I 5 employees are treated during employment, without ref,Mrd to their race, religion, sex, color, national origin, age or disability. Stich action shall include: cnlployniCnt, ul� ;radint;, derilotion, or transfer, recruitment or recruitment advertisilq,,, layoff or termination; rates of' pay or other forme of conipcnsatiort; and selection for training, including apprenticeship, preapprenticeship, and/or on- the-job training." 2.. LEO Officer: The contractor will designate and make know to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and prbmoting an active contractor program of EEO and'who must be assigned adequate authority and responsibility to do so. I Dissemination of Policy: All members of the contractor's staff' who are authorized to hire, supervise, promote, and discharge ell yccs, or v to recommend such action, or who arc substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's E1:0 policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO, policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EI-10 obligations within thirty days following their reporting for duty with Ithe contractor. C. All personnel who are engaged in direct recruitment for tile project will be instructed by tile, CEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e - r C. The contractor's 1'f:0 policy and the pr(-)ccdmcs to implctimit such policy will be brought to the attention of cmployccs by rrteans of ntr,etinst::, crriployee h,urdbooks, or other appropriate means. 11. Rccruitntcnt: When advertising for employees, the contractor will Include in all advurtiscments for employees the notation: "An I:dual Opportunity l;rnployer." All such advertiscr7lents will be placed in ptrhlication a large circulation r arnonr; minority groulrs in the area from xhic:h the project work force would normally be dt;rived. a. The contractor will, unless precluded by Zt valid I, u, tinin,r. as;reertunt, conduct systematic, and direct recruitrnetit through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identily sources of peAerltial minority f;roup erztployees, and establish with �'• j such identified sources procedures whereby minority group applicants nuty be referred to the contractor for employment consideration. b. In the event the contractor has valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provi;ions. (The UOL has held that where implementation of'such agrecments have the effect of discriminatim, m,ainst minorities or women, or obligates the contractor to do the same, such implementation violates I xCCUti%'C Order 11246. As amended.) 4P C. "file contractor will encourage his present employed to refer minority group applicants for entploymmt. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages. working conditions, and employee benefits sliall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: r a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel, b. The contractor will periodically evaluate the spread of wages paid within r each classification to determine any evidence of discriminatory wage practices, C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Vr'here evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. 1 d. The contractor will promptly investigate all complaints of alleged discrimination ►tlade to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. if the Investigation indicates that the discrimination may affect persons other than the complaina►.., such corrective action shall include such other persons. Upon completion of' each investigation, the conrract will infor►n every complainant of all of his avenues of appeal. f,. "I raininz and l'rolnotir,n: a. The contractor will assist in locating, qualilyiw!. and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training program,. i.e., apprenticeship and on-the job training programs for the gcographical•area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training; is provided under this contract, this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training; programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women emp;oyces and will encourage eligible employees to apply for such training and promotion. 7. Unions: if the contractor relics in whole or part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below. a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each ' union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. C. The Contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so ceilify to the Sf IA and shall set forth what efforts have been 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 tinic limit set forth in the collective bargaining the contractor will, thrOLWI) independent recruitment efforts, fill the e►mployrllCllt VaCanCICS WithOLIt I'e!?ai'dl to race, color, religion, sex, national Orgill, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons or women. (The DOL has held that it shall be no excuse that the union with which the contractor h.as a. collective bargaining agreement providing; for exclusive i referral failed to refer'minority employees.) Ill the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify'the SI-IA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the !Trounds of race, color, religion, sex, national origin, age or disability ill the selection and retention of subcontractors, including procurement of materials and leases of equipment. 4P a. The contractor shall notify all potential subcontractors and suppliers of his/her E130 obligations under this contract. b. Disadvantaned business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of D13E construction firms from SHA personnel. C, The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to ' document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable tunes and places for inspection by authorized representatives of the SHA and ' the FFIWA. ' a. 1'!le records kept by the contractor shall document the i'ollowin0 (1) The number of minority and non-minority group members and wonlen employed In each wort: classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase crnployment opportunities for minorities and women; (3) •I'hc prol!ress and efforts bcing inale in locatini;, hiring;, training, qualifying„ and upgradinG nlinurity and female employees; and (Q) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female' representation amount their employees. b. The contractors will submit an annual report to.the SHA each July for' the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. 1'his information is to be reported on Form FI-IWA-1391. If' on-the-job training, is being required by special provision, the contractor will be required to collect and report training data. 111. NONSEGREGA"FED 1:ACIIXI'IES (Applicable to all Federal-aid construction contracts and to all related subcontracts of S 10,000 or more.) a. By 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 constnrction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sec or disability. r . I). As used in this certification, the tcrr "se}treated facilities" trcans any waiting roosts, work areas, restroonts and washrourns, rr;,taurants anal other eating; areas, timeciocks, locker rooms, and other storatic or dres,,;,tl! arras, parking! lots, drinking 1,01111tains, recreation or cntertainment arcas, transportation, and IIDLISi11f1 facilities provided for employees which are sg,,rcoatc�d by explicit directive, or arc. in fact, scp-cgated on the basis of race, color, rcli ion, national 0-Wir;, aUte or disabilav, hcca,.rsc of habit, local custom, or otherwise. The only exi:cptiOn :.ill hr- i<,r the dk:lhled %vtteta the demand., ficr accessibility Override N.1!, disabled harking;). e. The contractor agrees that it has obtained or will obtain. identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of i material Supply w.'recrrtcnts of S 10,000 c.r store. and that it will retain such certifications in its files. IV. PAYMENT OF PREDETEF-MINED MINIMUM WAGE (Applicable to all hederal-aid construction contracts exceeding, 52,000 and to all related' subcontracts, except for projects located on roadways classified as local roads or rural minor c(-fllectors, which are excntlrt.) 1. C.,cncral: a. All rtaecha nics and laborers employee( or work-in, upon the site of the work will be paid tmconditionally and not less often than once a week and without subsequent deduction or rebate on any account l except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)} the full amounts of wages and bona fide fringe benefits (or cash ' equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contactor or its subcontractors and such laborers and mechanics. The wage cletcrrmtnation (Including any additional classifications and wage rates confomaed under paragraph 2 of this Section IV and the DOL poster (WI-101321) or form FTIWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the ' purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits tinder Section i(b)(2) of the Davis-Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but riot less often than quarterly) under plans, funds, or programs which cover the panicular weekly period are deemed to be constructively matte or incurred during such weekly period. Such Laborers and mechanics shall be paid the appropriate wage rate frin;e benefits on the wage determination liir tilt. c.lassificat[ort cif work actually performed without regard to skill, except as provided in paragraphs 4 and 5 of this Section W. b. Laborers or mechanics perfrtr►nim! work. in more tivin one classification may be compensated at the rate spccificd for each classification for the time actually worked therein, provided, that the employcr's payroll records accurately set firth the time spent in each classification in which wort: is perforilled. C. All rulinf;s and intctpreuitiorr; of' tlrc; 1 ►,rvis-liacun A t and related acts contained in 29 Cl:R 1.3, and 5 are herein incorrpr,ratcd by refcrrncc in 111ri cnntr•act. 2. Classification: a. The SRA. contractor officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. 'File contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been nict: (1) tile wort: to be pcil'Ormed by the additional classification requested is not performed by a classification in the wage determinat)oil; (2) the: additional classification is utilized in the area by the construction industry. (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the .rage determination; and (4) with respect to helpers, when such a classification prevails in tite area in which the work is perforated. c• If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting; officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the ' action taken shall be sent by the contracting officer to the IDOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, ' modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. c1, In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contractinti officer do not agrec on the proposed classification and wage rate (includin" the amount (Ies11-nated fur fringe benefits, where appropriate), the contracting ' officer sha1) refer the question , includinp, the views of all interested parties and the recommendation of the conlractlni; officer, to the Wayc and Hour Administrator for dc�ternlination. Said Administrator, or an authorized teprescntativc, will issue a determination within 30 days of ►ecuipt and so advise the contracting, officer or will ramify the cr>ntr<tctin , officer within tic 30-day period that miditional tinge is necessary, C. The wage raft (inCILIdill" fring;t bcncfits whenc appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional clas!.ification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever Elie minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a 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 wai-e determination or shall pay anothcr bona fide fringe benefit or an hourly case cquivafent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments 4P to a trustee or other third person, ht/she may consider as a part of tilt wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or- program, provided, that the Secretary of Labor has �I found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to ' set aside in a separate account assets for the electing of obligations under the plan or program. d. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to %vork at less than the predetermined rate for the work they performed when they are employed pursuant to and ' individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment 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 a State apprenticeship ' agency (where appropriate) to be eligible for probationary employment as an apprentice, (2) The allowabl;: nuio of apprentices to journeytltan-level errlployecs oil tile job site in any craft classification shall not be greater than t11c: ratio permitted to the contractor as to the entire wort. force under the registered program. Any employee listed on a payroll at an apprentice walk rate, wilo is not rcttistered or otherwise employed as stated above, shall be paid not less than the applicable wa gc rate list,_d in the wage determination for the classification of v:orl. actually peirformcd Ire addition, any apprentice performing wort: on the jub site in excess of the ratlo permitted under the registered program shall be paid not less than the applicable wake rate on the wage determination for the work actually performed. Where a contractor or sul:)coritractor is performing; construction on a project in a locality other than that in v:hich its prograrll is registered, the ratios and wage rates (expressed ill perccilt.l;tes of the j0urneyman-1CVC1 hourly rate) specified in the contractor's or subcontractor's registered pro<<rarll shall be obser/ed. (3) Every apprentice must be paid at nl t less than the rate specified in the registered program for the*apprentice's level of progress, expressed as a percentage of the journeyman-level hourly. rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the ' apprenticeship program. If the apprenticeship program doe; not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicahle classification. If the Administrator for the Wage and Hour Division determines that a different practice prcti:tils for the npplrCablC apprentice classification, fringes shall be paid in accordance with that determination. (4) In the cvcnt the Bureau of Apprenticeship and Training or a State apprenticeship agency recognized by the Bureau, withdraws approval of ail apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until all acceptable program is approved. b. Trainees (I) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. ' (2) The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating; in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination 4 for the work actually perfornled. (3) E'Very tlaince must be Jrlid a1 1101 1CSS than the rtltC SpCCifrCd In the approved program for his/her level of progress, expressed as a percentage of the journeyman-level luludy rate specified in the applicable wage. detern,lnation. '1'latnees shall be paid fringe benefits in accordance with the provisions of'the traincc program. If the traincc program does not 111cntiorl fringe benefits, trainees shall be paid the full anloull" of frirlgc benefit, listed on the wau.c determination unless the Administrator of the Wage and Hour Division dctcrrrlincs that tilerc is an apprenticeship program assaciaturf with the correspandin ;jot)rncyrnan level wage rate on the wale determination 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 classificallon is specifucd and defined on the applicable wage determination or is approved pursuant to the conformance 4P procedure set forth in Section iV.2. Anv 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 perfornled. 5. 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. G. Withholding: The SHA 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 as may be considered necessary to pay laborers and mechanics, including apprentices, trainccs, and helpers, cmploycd 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, includin" any apprentice, trainee, or helper, employed or workin- on the site of the work, all or part of the wages rcquircd by the contract, the SHA contracting; officer may, after .vrittcn 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 Rcquircments: i 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 S above) shall require or permit any laborer, mechanic, watchnlatl , or guard in lily work\�•eek 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. S. Violations: Liability for Unpaid Wag;cs: Liquidated Damages: In the event of any violation or the clause set forth in paragraph 7 alcove, 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 wort; done under 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 S10 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. 9. Withholding for Unpaid Wages 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 Federal 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 prime contractor, such sums as may be determined to be necessary to satisfy any ' liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth ill paragraph 8 above. i V. S"I'A"hI,MI;iJ"I S AND PAY14011'S ;'1 ]plicable to all I:cder;rl aid cnnsuuction contract!; cxcerclins! 52,000 and ti, all related (Applicable - Subcontracts, except 1-01. projects I()CatCll orr roadw;rys claaifIed as local roads or rural collectors, which c,rc exempt ) I. C:ompli'u ce with t'opchild kel'uhtlons (2'1 CTIZ 3): The 0)ntr;r(Ah7r 'sh,dl c-)mpl;• % ith the Ogwla1111 1?e nl:rtinn:; of th.� `;ecretarl' of Labor wlliclr are herein incurpcnated by rcl'erencc. t ' ?.. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of work and preserved for a period of 3 years from the date of completion of the contract for all, laborers, mechanics, apprentices, trainees, watchman, helpers, and guard working at the site of work. b. "file payroll record:; shall contain the name, social security number, and 1 . address o1 each such employee; hi:; or her correct Classifir.ation; hourly rate of%vages paid (includinL rates 01' Connihution:; or Casts anticipated fOr bona fide fringe benefits or cash equivalent thereof the types described in Section l(b)(2)(13) of the David Bacon Act); daily and weekly number of dour worked; deductions made; and actual %vagCS paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, Ims found that the wages of any laborer or 111CCIlanIC InCltrdC the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(13) of the David Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has beer. communicated in writing to the laborers or mechanics affected and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or ' subcontractors employing apprentices -^� trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. 1 cull week in which all C. Each contractor and subcontractor shall furnish, c y contract work is performed, to the SHA resident engineer a payroll or wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, ' paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This , information may be submitted in any form desired. Optional Fonn WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U. S. Government Printinz, Office, %Vashin_'ton, D. C. ® 20,102. 1-he prime contactor is responsible for the submission of copies of payrolls by all ® subcantractors. Each payr ill submitted shall be accompanied by a "Statement of Compliance" signed by the contractor or subcontractor or his/ltrr a_tent who pays or supervises the payinent of-the, persons employed under the contract and shall certify the following: (1 l that the payn-,ll for the 1myroll period contains the. inforrrtatron required to be maintained under paragraph 21.) of' the Section V and that such information is correct and complete. (2) tftat such laborer or mechanic (inciucfin- each helper, apprentice. and trainee) employed oil 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 cictermination incorporated into the contract. C. The weekly submission of a property executed certification set forth on the reverse side of Optional Form Wt-1-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. 3'he falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C., 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under ' paragraph 2b of this Section V available for inspection, copying, or transcription by authorized representatives of the SHA and FHWA, 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 FHWA, 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 S.f 2. Vl. 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 which are constructed oil a force account or direct labor basis, highway beawification contracts, and contract, for which the total final construction cost for roadway and bridge is less than 51,000,000 (23 (TR 635) the contractor shall: a. Deconle familiar with the list of specific materials and supplies contained in form FIIWA 47, "Statement of ivlaterials and Labor Used by Contractor of Ifighway Construction Involving Federal FuncF;," prior to tilt,, cotilrllencctneni of work under the contract. 1). Maintain a rccord ref tale 11 1,d cult o1 all limtelials and supplics purchased for and incorporated in the wail:, and also of the quantities ofthose specific materials and 1� supplies listed on For�rn FI-IWA-47, and in the units, shown on Form FI-IWA-137. C. Furnish, upon rile completion of talc contract, to the SI IA resident engineer 1 on Forrn FI-IWA-47 together with tile. data required in paragraph I b 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 wdrk or separate reports for the contractor and for each subcontract shall be submitted. V11. SUBLETTING OR ASSIGNING Till: CONTRACT 1. The contractor shall Perform with its own organization contract work amounting 4P 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 owrl 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 arc to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph I of ' Section VII is computed includes the cost of material and manufactured products which are to purchased or produced by the contractor under the contract provisions, ' 3. The contractor shall furnish (a) a competent superintendent or.supervisor who is employed by the firth, has full authority to direct perfonnance 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 (supervision, management, and engineering services) as the SHA contracting officer detennines is necessary to assure the performance of the contract. d. No portion of the contract shall be stblet, 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 SHA has assured that each subcontract is evidenced in writing and that it•contains all pertinent provisions and requirements of the prime contract. 1 r . a i VIII. SAFI:.TY: ACCT A.-N'f 1'IUATINTiON 1 . In ill(- I,crfr,rnl;tncc of thi'; txrntract th contrat;t,,r shall cYutltlrly with all applicable e Federal, State, and local law,- <<.uvcrnini! safety, health, and sanitati(,n (7.3 CH It 635). The r(,ntr"t 101- shall provide ;d! �,afcf;u,u(f;,, ,safety devices and protective etluipmcnt and take: any oth(:r nccticd action's ;,, it cictcrulincs, ur w, the. :411A contractinf� (,fficer ►nay d:tcrrninc, to hr, life ;111(1 health of employees on tale juh anti th;' �afct:: (It* the Iruhli:� NMI to I,tr,ic( t pl-ulx'rty in connccaion with thr lu'If;rlt(I.In,'e' of lllc 1'.1,11: ( ,,'.'r'rr�d h_, the' (: rn(tJ:t I 4� 2. It is a condition of this contract, and shall be rnadc> a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and an)' Albc(,ntractur :;hAl not permit any rnlpioyce, it, performance of the contract, to work in sutraundinL;s or under conditions which rue unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (2.9 CFR 192.6) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant tc, 29 CT'R 19263, it is <: condition of'this contract that the Secretary of' I.ubor or authorized wprescntative thelcof', :;hall lmvc oFentry to any site ofcontract perfornuulce to hl ,per:.t of invcsti'ratt� the rlrancl. ()f r untpliancc with thv construction safety and health slalldard.,, and to carry out the duties of the Sccrctary under Section 107 of the Contract %York I lour.; rlrl(I Safety Statl(lards Act (40 U.S.C. 333) IX, FALSE S FATY'NIENTS CC N(J"RNING I I1C;F1%VAY PROJEICTS lu order to assure high quality and durable construction 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 v;ith the project perform their functions as carefully, thoroughly, and honestly a;; possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent :lily misunderstanding regarding the scriousncss of these and similar acts, the following notice %hail be posted on each Fcdcral-aid highway project (23 CFR 1 635) in one at- more places where, it is readily available to all persons conccrlcd with the project: NOTICE' TO ALL PERSONNEL ENGAC;I.D ON FFII f-.RAL-AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: , "Whoever, being; all 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 nny false statement, false representation, or false report as to the ehameter, quality, quantity, or cost of (he 1tt8tertal used or to be used, or the quantity or duality of the wor performed or to be perfOrrrtcd, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of'1•ransportation; or Whoever knowinttly makes any false statement, false. representation, raise repot or false claim with respect to the: charm:tcr, duality, quantity, or cost of any work performed or to be performed, or ►natcrials fl►rnishcd of- to be furnished, in connection with the constn►ctiort of ;toy hiph.vay of related project approvcd by the Secretary of Transportntion; or Whoever knowin,,1y wakes any fidsc statement or false rel)resentation as to material fact in any statement, certificate, or report submitted pursuant tq 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 OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all l"ederal-aid construction contracts and to all related subcontracts of S 100,000 or ►aorc.) By submission of this bid or till: execution of this contract, or subcontract, as appropriate, the bidder, Federal-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 seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sec l, as amended by Pub. L. 92-500), Executive Order 11738, and regulations in i ill plc tile ntation thereof(40 CFR 15) is not listed on the date of contract award, on the U.S. Environmental Protection Agency (CPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm ag;recs 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 rControl Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication ' from the Director, Office of Federal 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. r 4, 'That the firm al;rces to include or cause to be included the require111ents of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further at-nets to takC SIIC11 ',IC6011 iIS 1110 I;0`'Cr'11111CI1t rlla�' direct iI:; iI rllcarls of C11101'Cifl shell rec'lllIrCIIICIIIS. Xl. CER'flf'ICATION RL:CiARDINCi DHIARMEN"1', SUSI'1',NSIUN, IN1;IJ(iIML,I•fY AND VOL,UN'VARY EXCLUSION I . IlltitrllCti011S tur CCrtlfiCiltloll I'rirn,uy C:c,wrCC) l"1';llltillCtl(111:;: ^� (Applicable to all Federal-aid contracts-49 4FR 29) a. lay signing and sublilittinl; this proposal, the prospective primary I participant is providing the certification set out below. b. 'fie inability f a person to provide the certification set out below will not tY p p necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification setout r below. 'Hic certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. however, failure of* the prospective primary participant to furnish a CertlflC,1I1011 01' all explal}tlt1011 shall disqualify such a person from participation in this transaction. C. "fie certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. It' it is later determined that the prospective primary participant knowingly rendered an erroneous CCI-tification, in addition to other remedies available to the Federal r Government, the department or agency may terminate this transaction for cause of default. d. "I'he prospective primary participant shall provide immediate written r notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that Its certification was errollCOt1S When submitted or has become erroneous by reason of changed circumstances. C. The terms covered transaction, debarred,„ „suspended," "ineligible," r lower tier covered transaction, "participant,” "person," primary covered transaction,„ "principal,” "proposal," and "voluntarily excluded," as used in this clause, have the meanings act out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this ' proposal is submitted for assistance in obtaining a copy of those regulations. r r f. The 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 front participation in this rovered transaction, unless authorized by the department or agency entering into this transaction. L�,. Th:: prospective primary participant further agrees by subnlittir►g this proposal that it will include the clause titled "Certification Regarding Debarment. Suspension, Ineligibility <►nd Voluntary Exclusion-Lower "I icr COVCCCd Transaction," provided by the department or agency entering into this covered transaction, without modification, in all 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 tlme covered transaction, unless'it knmows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of Its principals. Each participant filay, but is not required to, check the nonprocurenlent portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurenlent Programs" CNonprocurenlent List) which is compiled by tile. General Services Administration. i. Nothim , 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 which is normally possessed by a prudent person in the ordinary�cottrse of business dealings. j. Except for transactions authorized under paragraph f of these instntctions, 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 ill this transaction, in addition to other remedies available to the Federal Government, the debarment or agency may terminate this transaction for cause or default. 1 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-PRIMARY COVERED 1'RANSAC:1'IONS 1, The prospective primary participant certifies to the hest of its knowledge and belief that it and its principals. a. Are not presently debarred, suspended, proposed for• debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. L b. Have not within a 3-year period preceding this proposal been convicted of or had'a civil judgement rendered against diem for commission of Crated or a criminal offense in connection with obtaining, attempting to ,obtain, or performing a public (Federal, State br 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. C. Are 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 ofthis certification; and d. hlave not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable, to certify to any of the statements in this certification, Such prospective participant stlall attach an explanation to ' this proposal. 2. Instructions for Certification - Lower Tier Covered Transactions: ' (Applicable to all subcontracts, purchase orders and other lower tier transactions of$25,000 or snore—49 CFR 29) 1. 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. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, ' in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated tnay pursue available rernedies, including suspension and/or debannent. C. The prospective lower tier participant shall provide inmccliate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its ccrtification was erroneous by reason of changed circumstances. !a d. tcrnrs "covered transaction," „ „suspcndc „ "I'hcs dcban•ed, cl, tncligiblc, "primary covered transaction," "pitticipant," "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'Executive Order 12549. You may contact the person to which this proposal is submitted :for assistance in obtaining a copy of those regulations. C. The prospcetivd lower tier 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 departtnent or agency with which this transaction originated. f The prospcetivc lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 {mows 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 Nonprocurement List f� 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 pnrdent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly caters 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 remeclies available to the Federal Government, the department or agency with which this transaction originated may pursue available remediCS, including; suspension andfor debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered 'Transactions: I. 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. XI I. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed S 1 00,000— 49 CFR 20) I. The prospective participant certifies, by signing 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 influencing 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 ofany Fcderal contract, grant, loan or cooperative agreement. , b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influence or ata:rnpting to influencing 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form L.L.L.. "Disclosure Forth to Report Lobbvino," in accordance with its instructions. 2, This ce►-tification 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 makint or cntertn,; into this transaction imposed by 31 U.S.C. 1352, Any person who fails to file the required certification shall be subject to a civil penalty of not less than.S10,000 and-not more than 5100,000 for'each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or site 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. ATI'ACL1ivIENI' A — IINNIPLOYNIENT PREFERENCE, FUR APPALACHIAN Fe CONTRACTS (Applicable to Appalachian contracts only) 1. During; the performance of the contract, the contractor undertaking to do work which is, or reasonably may be done as onsitc 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: It. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient 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 Ic 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 below, 2. The 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 hire 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 tltc labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph Ic above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on- site work. 4P t r i ANSI-A300 - 1995 For Tree Care Operatiotis Free, ShfwLLV and Other Wood y Plant Maintena72ce Standard Practices May 8, 1995 _.- Secretariat' NATIONAL A.RBORIST ASSOCIATION, INC. . P.O. Box 1094 Amherst, 141-103031 (603) 673-3311 r Foreword 011is foreword is not part of the American Nntionnl SGnndard AN5l A300.1995.1 'Mis st."clard was developed under the procedures of the American t�atior,al Stnndords Institute by Accredited St.and.nrds Commitu-t o7 71-ee, Shrub and Other Woody Plant maintenance Operations, A300. The National Arborist Association is the secret.riat of x,300. Accredited St..nndztrds Committee A300 was approved June 2S, 1991. T)le Committee was organized to develop n consensus performance standard for persons cngaZed in the maintenance of trees, shrubs and other woody plants. The Committee includes representatives from the residential and commercial tree care industry, the utility, municipal, and federal sectors, the landscape and nursery industries, as well as other interested orgrtnizations. The A300 standard currently acdresres tree practices only. Sulxomrnitt.ces have been formed to address Coonstruction Protection; C..bling, Brar-inp, snd Guying, Soil l,icrdiGcation/t ertilization; Lightning Protection; Equipment Calibration;Tree Growth P.egv)ators; and Shrub, Vine, and Other `'Doody Plant Pru ni ng, Specifications for tree work should,be written Und sdminist.ered by an a-rb:)rist. An nrborist is.n professional _ who possesses the technical competence throu;h experience and related training to provide for or supervise the management of trees and other woody plants in the residential, commercial and public landscape. This A300 standard offers basic perfomance standarc..s. It is not a guideline to illustrate how to prune trees. This standard has been drafted w address pruning EpeCifiC260n requirements across all geographic areas. The user of this standard must interpret the wording based on their knowledge of the g ov.2h habits of certain tree species within a given environment. Suggestions for improvement of this standard should !:•- forwarded to: A300 Sc-cret_:,riat, c/o National Arbore Association, P.O. Box 1094, Amherst, NH 03031. This standard wa_9 processed and approved for subrn3ttal to ANISI by Accredited SL-indards Comn•uttee on Tree, Shrub and Other Woody Plant Maintenance Operationn,A300. Committee npprovrtl of the standard does not necessarily iply that all committee members voted for its approval. At the time it approved this standard, the A300 committee had the following members: THESE COLUMNS `'JILL 13E REVERSED, AND ALPHABETICM,BY ORGANIZATION NAAiE Representative Organization Represented Tim Johnson . . . . . . . . . . . . . . .. . . . . . . . . . . . . A300 Chairman, Artistic Arborists Brian Barn.ad . . . . . . . . . .. . . . . . . . . . . . . . . . . A300 Secretary, National Arborist Association James D. Beam . . . . . . . . . . . . . . . . . . . . . . . . . . Acplund.h Tree Expert Company Dave Morrison (Alt-) John C. Britton . . . . . . . . . . . . . . . . . . . . . . . . . . International Society of Arboriculture Bill KrWdenier(Alt.) Donald F. Blair . . . . . . . . . . . . . . . . . . . . . . . . . . American Society of Consulting Arbarists Edward Johnson . . . . . . . . . . . . . . . . . . . . . . . . . The Davey Tree Expert Company Karl Warnke (Alt.) , Da 3e Gassland . . . . . . . . . Society of Municipal Arborists Greg Daniels . . . . . . . . . . . . . . . . . . . . . . . . . . . . The F.A. Bartlett Tree Expert Company Rita Schoeneman . . . . . . . . . . . .. . . . . . . . . . . . . U.S. Forest Service Marcia Sneed (Alt.) Paul McFarland . . . . . . . . . . . . . . . . . . . . . . . . . . National Arborist Association Robert Felix(Alt.) Cheryl Kollin . . . . . . . . . . . . . . . . . . . . . . . . . . . . .American Forests Cathy Riley-Hall . . . . . . . . . . . . . . . . . . . . . . . . . .Municipal Arborists 8: Urban Foresters Society ' Robert DeFao . . . . . . . . . . . . . . . . . . . . . . . . . . . National Park Service Dick Hnmmercrhlag (Alt.) Jeff Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility Arborist Association Mike NVntson Preswn Leyshon . . . . . . . . . . . . . . . . . . . . . . . . :',,saodat,ed Landscape Contractors of America John Gillan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional Grounds Management Society F-iren Niles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . American Society of Unndscnpe Archhocts ' t:ra:g J. Tl.,gc—ibrurge . . . . . . . . . . . . . . . . . . . . . . :'tmericon Assurintitm of\ur.�rynwn 134,n Dolu"y t:'vt.) Contentr. PnCc 1. Scope,Purpose and Application . . . 1 2 NOTTnative references . . . . . . . . .. . . . . . . . . . 1 :3`: Definitions . . . . . . . . . . . . . . . . . . . ... . . . . . . 1 4 Safety ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Tree pruning . . . . . . . . . . . . . . . . . ... . . . . . . 3 Fig es 1 Removing a large lateral branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Cutting back to a lateral .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . 4 3 Removing a branch with a narrow branch attachment . . . . . . . . . . . 5 Annex A Bibliography . . . . . . . . .. .'. . . . . . . . . . . . .. 7 r 1 Scope, 1'urpor.e, and Application Branch - A !a.•condary s•hcr.,t or stern ❑rising 1.1 Scope. This documer't presents one of the main axes (i.e., trunk or leader) of a performance sLand.rrds for the c:re and tree or wvAy plant. maintenance of trees, shrubs, and other wary plants. Branch Collar - Trunk tissue that forams around 1.2 Purpose. It is intended ns a Guide for the base of a branch between the main stem and federal, state, municipal and private authorities the branch or n branch and n lateral. tks a branch including property owners, pro;,cr:y managers, decreases in vigor or t.:.etdns to die, tl-,e brunch and utilities in the drafting of their mainten:nce collar becomes more pronounu.�d. specifications and elrould ba adop;cd by them in whole or in part. Branch It:u-k Ridge - F2.tised area of bark in the 1.3 Application. '17his st:.nerd is intended to branch crotch that marks where the branch wood apply to any perssn or entity enEgPd in the and trunl: wo d meet. business, trade or peri'orrr.ance of repairing, maintaining or prey-eying trees. Callun - Undifferentiated tissue formed by the 1.4 Implementntion. Specifications for tTCz cambium layer around a wound. work should be written and acministered by an aiborist. Cambium - Dividing layer of cells that for-Ens 2 Normative rcferencee sapwood (xylern) to the inside and bark (p)-lcoern) l The follo%ing standares cont.-in provisions whLich, to the outside. through reference in this text, constitute provisions of&is American Asrional Standz:.rd. At Climbing Spurn- Sharp, pointed devices affixed the time of.publication, the ecitions incicat.ed were to the climber's leg used w assist in climbing trees valid. All stand.rds are sub;ect w rc,.ision, and (a_k.a- gaffs, l m-)ks, spurs, spikes, climbers). parties to agreements based on this American National Standard are encour ed to invenugati Clorui-e - The prc—e!s of w•oundwood'coverirtg n the possdbility of nppl)ing the most recent edition cut or other tTCe injury. of the standards indicated 1:-,1ow. Crotch -The angle formed at the att.achmen ANSI Z60.1 Nur:,ery Stock between a bnurch and another branch, leader or trunk of ft woody plant. ANSI Z133.1 Far Trec Care Operations - Pruning, Trimming, Repairing, Maintaining, and Remo%ing Crown - The leaves and branches of a tree or Trces, and Cutting Brush - Safety Requirement- shrbb; the upper portion of a tree from the lowest brunch on the trunk to the top. 29 CFR 1910, General Industry 29 CFR 1910265 Telecorrmunic;.dons, Crown Cleaning - The removal of dead,_dying, 29 CFR 1910269, Electric Power Generation, diseased, crowded, weakly attached, low-vigor Transmission, and Distribution. branches, and wat.ersprouts from a tree's crown. 29 CFR 1910.331 - 335, Electriczl SaRet)•-Relate-d Work Practices. Crocco Raicing- The removal of the lower Available from U.S. Dept. of Labor, 200 branches of a tree in order to provide clenranee. Constituteion Ave., 1dtiV Wrshing-4on, DC 20210 Crown Reduction - The reduction of the top, 3 ' Definitions sides or individual limbs by the means of removal Anvil-Type Pruning Tool • Pruning tool that of the leader or longest portion of a limb to a has is straight sharp blade which cuts against a lateral no less than one-third (113) of the total flat:metal cutxir;g surface. (see Hook and Blade- diameter of the original limb removing no more Type Pruning Tool) than one-quar-ter (114) of the leaf surface. ' Arborist- A professional who possesses the Cro•a-n ThLuming- Crown Thinning shall consist Technical competence through experience and of the relective removal of branches to increase related training to provide for or sup-.nise the light penetration, air movement, and reduce ' management of trees and other woody plants in weight. the residential, commercial and public landscape. Cut - The exposed wood area resulting; from Boundary Reaction "Lone - A siparming; removnl of a branch or, portion thereof. boundary bet-c-en wo---�d present nt the time of wounding; and wood that cuntinuc•s w form :ifv.r Decay - Degradation of woody tissue cawed by wounding;. biological orranisms. 1 Ecpalier - Esp,'Jier pruning is a combination of I'etiolc • 71re !'1Ak of it Iraf. cutting artd training branches Aijch are oriented in one platrre, forrna))y or informally tsr(anged and 111doem, • Inner bark tis:uc through w)tich usually suppotted on a wall, fence or trellis. 'Fhe primarily carbohydrates rind other organic patterns can be simple or complex but the cutting compound, move from regions of high and training is precise. 71es should be replaced concentration to low. every few years to prevent t itching the branches nt the attachment sitn.. Pollardint; - Pollarding is a training system used on some lnrge•growing deciduous trees that are Facility - Equipment or stn»crane used tJJ de)iV(r r.everely hended annually or every few yearn to or provide protection for the deliver), of an hold them to modest size or to give them and the essential service such as electricity. landscape n formal nppcarancf. Pollaxciing is not synon)znous v.ith topping, lopping, or stubbing. Girdling Roots - P.o:?t-q )orated a1->tie or below 11ollarding is :evenly ),ending come and removing ground who,.-,e circular growth around the ba:e of the other vigorous water sprouts back to a definite the trunk or over individual roots applies pressure head or knob of latent buds at the branch ends. to the bark area, ultimately restricting sap flow and trunk/root grow,-th, frequently resulting in Precut oe Precutting - The two-step pro;.ess to reduced vitality and/or stability of the plant. remove a branch before the finished cut is made so ns to prevent splitting or bark tearing into the Heading - Heading is cutting a currently growing parent stem. The branch is first undercut, then or one-year-old shoot back to a bud, or cutting art' cut from the top before the final cut. older branch or stern back to a stub or lateral branch not sufficiently large enough to nssULmc the Pruning - P.ernovrJ of plant parts. terminal role. Heading should r._rt)y be used on mature trees. Qual-i-5ed Liuc Clo-nrancc Tree Triir=er - A tree worker who, through related training and on- Heartwood - The inactive >:ylrm (wyci) tri"-ard the-job experience is frtmiliax with the techniques the center of a stem or root that provides in line clearance and ha-- demonstrated his/her stz-uctural support. nbility in the performance of the special techniques involved. This qualified person may or Hook and BLide Pruning Tool - A hand pruner may not be currently employed by a line clearance which has a curved, sbs pened blade w-hich contractor. overlaps a suppditing hook;in contrast to r-n anvil-type Pruning Too'. Qualified Line Clearance Tree 7Yimmer Tmkinee -Any worker undergoing line-clearance Horizontal Plane (paltnc) - an imaginary level tree trimming training, who, in the eourse of such line that begins at the base of live frond petioles. training,is familiar with the techniques in line clearance and has demonstrated his/her ability in Lateral - A branch or twig growing from it parent the performance of the special techniques involved. branch or stem.. Such trrdneres shall be under the direct supervision of qualified personnel. Leader - A dominant upright stem, usually the main trunk. There can be several leaders in one Qualified Person or Personnel- Workers who, tree.,. through related training and/or on the job experience, are familiar with the tec}rniqucn and I Imb-- Same as branch, but is larger and more hazards of arboricttlture work including training, prominent~ trimming, maintaining, repairing or removing trees, and the equipment used in such operations. Lopping- See Heading Qualified tree worker, person, or personnel - Afycelium - Growth mass of fungus tissue found A person(s) who, through related training and on- under bark or in rotted wood.. the-job experience, is familiar v-ith the haawds of pruning, trimming, repairing, maintaining, or Obstructing -To hinder, block, close off, or be in removing trees, with the equipment used in such the way of; to hinder or retard a de sired effect or operations, and has demonstrated ability in the shape. performance of the special techniques involved. Parent Br-anclr or Stem - The tree trunk: or a Qualified tree worker trainee • Any worker large limb from which 1:rieral brnnches L-row, undergoing on•the-jab training who, in the course 2 of such training, is fnrniliar with the hnrards of utility's fnciiities rind t1w vdditionnl spn"-";-eq pro nin f, tn'inrnirlg, repRirir.t;, M.3int Iit11IF. or to ensure its op erntion. retoving trees, with the equipment used in such operations, rind has dernomtretcd ability in the Wound - The opening that is created ruby time ti performance of the special techniques involved. tae's protective. bark covering is penetrated, cut,� Stich trainees chadl be under t};e direct super.•i6on or removed, injuring or dest-ro}ing living tissue. of qualified personnel, pr-arcing a live branch creates n wound, even when the cut is properly mnde. R.emotefRurtl - Arta-, assrxintrd with very ]it-le human activity, Innd irnprovernent or Woundwood - D;flerentiated wc-5dy tissue whit development. farms after initial callus ha-s formed around the manglers of n Wound. W01111ds are OVCd primar)' Sapwood • '111 r+ttive x)'lr:n (W(Od) that :,:I'rc9 by v:oundwc-'4 water and cnrbohydrat.es, nni transports wntr_r frig and nutrients; a wood layer of vrriabletthicknesc Xylem - Wood tissue; active xylem is called found immediately inside the cambium, comprised sapwood, irrnctive xylem is czl)ed heartwood. ofwntcr-conducting vessels or tTr.clai0s and living, Plant cells. Young Tree -A tree young in age or n newly "a installed tree. Shnll - As used in this ut.oiLard, denotes a mandatary requirement. 4 Safety Should - As tired in this s: e;::d, denotes an 4.1 Tree rnttintenance shall only be perform ndvisory recornmendation. by quzMec tTre workers, who through related l training and/or on the job experience, are frtrniliar Stub - An unde--ixnl,le t,hort lcrt;tit of n l;rr:nch with the prncticrs and h:uards of nrboricult rernairtin; afl.er a brci:}: or incorrect p.—aning cut is and the equipment used in such operations insde. 4-2 'Phis ctnndnr(I rha11 riot take p over rtrt-i)ricultttrnl nafe work practices. Stubbing - See Mending, • 42.1 Operations shall comply with applicable Occupational Safety and Hezlt.h Target - A person, structure or object which cauM Administration (OSHA), American National sustain damage from the f.ulure of a tree or Standards, truch ns ANSI Z-133.1 (cturent), as well portion of a trcw. as state' and local regulations. 5 Tree Prut,?ng Terminal Role - Branch that£.ssurnes the 5.1 Purpo&e— The purptY-e of this section is dominant vertictil position on the tap of a tree. provide specifientions for tTee pruning. 52 Pruning Prnctirea Thinning - 'no removal of a letcral branch at its 62.1 Reasons For Pruning. The reaso point of origin or the chortening of a br.utch or for tree pruning may include but ruv not limited to stem by cutting to a lateral lcrce enou-gh to reducing hazards, maintzining or improving trol as„ume the terminal role. health and structure, improving aesthetics or satisfying a spe6fic need such a.s: removing Tbx-owline -A umidl, light-weight line with n di sensed, dead, dying, decayed, interfering or weighted end a ed to position a climber's rope in a obstructing branches; training young trees; utili tree. -a ee. line cleance; or specialty tasks as defined in standard. Before pruning the primary objective Topping- See Hending. should be clearly defined. That objective should h accomplished in the manner most beneficial W t� Trading- Shaping a wound by rernoNing loose health of the tree. bark from in and around a wound. 52.1.1 Pruning prnctices for agricultural, horticultvr;d production or ' Urban/R.r_sidential - Locations normally sil•✓icultural purposes are c>:empt from this associated with human ncti,6ity such as populated st.zndard. areas including public and pivite property. 5.2.2 When To Prune. To obtai t defined objective, the growth cycles of indn Utility - An entity that delivers a public write species as well as the t7pe of prurting to be such ns electricity or comrnunic3tion. peiforrned should be considered. 5.2.3 Tree Inspection. 13efare beginni Utility Sp2ce - 7?te physical nren occupied by the %A�-nrk and while w'nrk is lx•ing performed. a qualified person shall visually inspect eazli tree. 1f a condition is observed that requires additional attention, this condition should be brought to the attention of an immediate superviror or the per.-on 52.5.4 When removing a lateral branch responsible for authoriang the work. at its point of origin on the trunk or parent limb, r the final cut shall be mnde in branch tissue close X2.4 Toole !u F:v_uipmcnt 52.4.1 Pruning tools used in making to the trunk or parent limb, Kithout cutting into pruning cuts shall be kept ndequntely sharpened the branch bru•'• ridge, collar or leaving a stub. to result in final cuts with a smooth surface and (See Diagram 1) firmly attached retraining adjacent bark. 5.2.S X, 'Then removing a leader or 52.42 Nook and blade pruning tools length of a branch, the angle of the cut should should be used; not anvil type pruning tt,,)ls. bisect the angle between the branch bark ridge 5.2.4.: Climbing spur-� should not 1r- find nn imnt;innry line pets endi�vinr t4 the leader used when climbing trees, except its specified being removed. (See Diagram 2) elsewhere in this st.nridw-& Climbing spur use is permissible on tree removals and in emergencies Dingrasn 2- When cutting back to a such as aerial rescue: lateral, bisect the angle between the branch 6.2.4.4 Equipment and work prnctici+s bark ridge and tin isnnginary line that damage bark, ui nbium and/or live palm per-pendicular to the lender or the brtuwch tissue should be avoided, being removed. 52.5 Pruning Cuts 52.5.1 A thinning cut should be the ' preferred type of cut to snake. 5252 A thinning cut shall consist of the removal of a lateral branch at its point of \ ` t„Ys,e origin or the shortening of a branch or stern by cutting to a lateral large enough to assume the terminal role. 525.3 A heading cut should rarely 1 used on mature tires, yet may be approprinte for specific purposes such as but not limited to: ,�v� 'truinhik young trees; pollarding, shaping unninal flowering trees, storm damage repair, etc. tie 52.:..3.1 A heading cut should consist of cutting a currently growing or one-year- old shoot back to a bud, or cutting rst older branch r-r.!c.R or stem back to a stub or lateral branch not sufficiently large enough to assume the terminal role. -- Diagram 1 - Rerno vin g a largo lateral branch requires two preliminary cuts 1 before the final cut. ' 5-2.5.G Men removing a dead branch, the final cut shall be made just outside the collar r.ru. of live tissue. If the collar has grown out along the branch stub;only the dead stub should be r^'c.' ll� removed. The live collar shall remain intact and r uninjured. 52.5.7 To prevent damage to the parent limb when removing a branch with a narrow branch attachment, the final cut should be made from the bottom of the branch up. (See Di:i*ram 31. I � •t Dinj rain 3 . NVhen removing n branch with n other putts of the trc-c or to other pl6r)Ls or- narrow branch rittachment, cut from the property. Brnnches too large to support with o bottom upward, hand shall be precut to avoid splitting or tearing of the bzuk (See Ding-ram 1). Where necessary, ropes or other equipment should be u"d to )owe large brnnches or portions of brunches to the ground. 6.3.7 3 When a 1)ran ch is cut back to a lnterrd, not more than one fourth ()J:) of its leaf :.urfarr m . should he removed. The lattr:il remain should be large enough to n>surne the terruinal I Ole. 5.3.2.4 Not morn. tl;an one-fourth (1J4)� '•,� the folin.ge on a mature tree should Le removed within n growing se.+.son• \ 6.3.1.5 Upon completion of pruning a c>.rR.r�•c�TMu�--d mature tree, one-hnlf(1/2) of the foliage should remain evenly ciist:ributed in the lower two-thin (2V3) of the crown and individual limbs. . 6.3.2 Size Specific.ationta. .A minimum and/or maximum diameter of branches•to be removed should be specified to establish the extent of pruning, such as,: the removal of branches thr (3)inches (7.5 cm)in diameter and greater, or,ti removal of brunches two (2) inches(5cm)in diameter and greater, etc. 5-3.3 P runi n C O b j e c t i v c o • Prttni►ig objectives should be established prior t.o be my pruning operation. 5-5-3.1 Hazard 11eduction Pru�. Hazard reduction prunin-;is recommended when the primary objective is W reduce the danger to rpe•ciSc target caused by visibly defined hazards in a tree. 13azard Reduction Prwung should consist 5.25.8 Cut limbs shall be removed from of one or more of the Maintenance Pruning the crown upon completion of the pruning, or at ' 6.3.32 J1inLnt4-,n-nnce Pruning. times when the tree would be left unattended or nt Maintenance pruning is recommended when the the end of the work day, primary objective is to maintain or improve tree 5.2.5 Wound Treatment. health and structure, and includes hazard 52.6.1 Wound dressings and tree reduction pruning. hialnt.enanoe pruning should paints should not be used to cover pruning consist of one or more of the following pruning .. 'Wounds, except when specified for dise-a=,e, borer, types: ._ mistletoe, spr•out'cont;ol, or cosmetic masons. If 5.3.32.1 Croon. Cle.rtnmg- Cro 'wound dressings or paints are used for cosmetic or Cleaning shall consist of the selective removal other reasons, then materials non-toxic to the one or more of Ow' followving items: dead, dying, eimbium layer shall be wed, and only a light diseased, weak branches and wntersprouts from coating shall be applied to the wound suri'are. tree's crown. 62.62.When repairing bark wounds, 5.3322 Crown `I'hImming. Crown only damaged or loose bark should be removed, Thinning shall consist of the st lective removal disturbing a minimal amount of live tissue, branches to increase light penetration, air -. 6.2.63 Cavities shad) not be filled or movement:, and reduce weight. treated if*the boundary reaction zones would be 5.3.3.2.3 Crown Raising. Crown distiir>ied. Rai sing shall consist of the removal of the lower 5.3 1%LZ tux 0 Trer_ Pruning branches of a tree in order to provide clearance. 5-3-1 GeneraL The following specifications 5.3.3.2.4 Crown Reduction should be used with pruning objectives. shaping). Crown Reduction reduces the h 5-3.1.1 Pruning cuts shall be made in and/or spread of a tree. Consideration sho accordance with section 3.2.5 of this standard. given to the ability of a species to sustain this t) 5.3.12 Tree branches shall be removed of pruning. in such a manner so as not to cause damage to 5.3.32-5 Vista Pruning. Vista ' J Pruning is scirctive thinning of(ramew•ork limbs heading aorne rind removing the other vigorous or specific areas of the crown to allow n specifuc writer sprouts back to a definite head or knob of view of an object from n predetertnined point. Intent buds at the brruncli ends. 5.3.3.2.G Crown Restoration. 5.G Palm Pruni-ng Crown Restoration pruning should improve the 5.G,1 Palm pruning should be performed structure, form and nppe-trance of trees which when fronds, fruit, or )oor.- petioles may create a have been severely headed, vandali;.ed, or storm clangorous condition. damaged. 5.G.1.1 Live healthy fronds, initiating at 5.4 Yousig Tree Pruning; nn angle of.5 degrees or g;rcatrr from the 5.4.1 At Planting. 1�hen a young tree is horizontal plane should not be removed. planted, dead, broken and split br-•-aches should E-� 5.6.12 Fronds removed should be removed. A central trunk or lezeer or well spaced severed sloe- to the petiole base v.ithout damaging multiple t urrks or lenders (;,f, r:•,ost rip propriatc for living trunk tir.sue. the species and t.pecimen) should l= developed by 5.6.1.3 Palm p•>c•cling (shaving) should removing comF•eting icr+dcrs and renoNine, consist of the removal of the dead frond bases heading or thinning lnterals on vigorously growing only, at the point they make contact with the branches which compete with the "lected tn111nk without damaging living trunk tissue, leader(s). llrnnches should be retained on the 5.7 Utility Pruning lower trunk to increasse taper. 5.7.1 General. The purpose of utility, 5.4.2 During the First Three Yearn pruning is to remove branche's in order•to prevent after Planting.A strong scas;old branch the loss of service, prevent damage to equipment, structure should be dr.veloped by selecting the avoid impairment and to uphold the intended primary scaffold branches. To improve the usage of the facility/utility space. ' scaffold structure, brunches which are crossing, 5.7.1.1 Only n qualified line clearance have included bark or interfere v.ith the scarold tree trimmer or qualified line clearance tree branches should be removed. Scafi'old branches trimmer trainee rhould Le r-ssigned to line should be properly spaced. For deciduous shade clernrnnc.e work ns per A14Sl 7.133.1 (cur7ent), 29 Fe trees which -will reach or peed d 40 Net(12 CFR 1910.331-335, 29 CFR 1910.268, andlor 29 meters)in height at maturity, the recomr:ronded CFR 1910.269, spacing between primary scaffold branches is 6.7.1.2 Utility pruning operations are approxlmntely 18 inches (46 cm). For yrar,'ler exempt from section 32.3, tree inspection. species, G to 8 inches (15 cm to 20 cm) would be 6.72 Utility Crown Reduction Pruning; adequate. 6.72,1 Urb.-LuMcradcntial 5.4.3 Retween Four and Six Yearn Envirorunent Auer Planting'. The development of a good 5.7.2.1.1 Cuts should be made structurally sound scaffold branch system should according to sections 32.5 and 3.2.G of this be continued by selective thinning of or on standard. ` brnanches and removing dead, interfering, split, 5,7.2.12 A minimum number of cuts and broken branches. Large-growing branches should be made to accomplish the purpose of with narrow angles of attachment shall be facility/utility pruning. The natural shape of the removed from the trunk or canopy. Lower tree should be considered- branches shall be pruned (crown raising) so r_5 not 5.7.2.13 Tr"s directly under and to interfere with human needs where growing into the facility/utility should be removed appropriate. or pruned. Such pruning should be done by 5.5 Specialty Training Syvt.ems removing;entire branches or by removing branches 5.5.1 Espalier. EspaLer pruning is n that have laterals growing into or, once pruned,'. combination of cutting and training branches will grow into the facility/utility space. which are oriented in one plane, formpJly or 5.72.1.4 Trees (;rowing; along the informally arranged and usually suppored on a side and growing into or toward the facility/utility ' wall, fence or trellis. The par',erns ca.n be simple space should be pnrned by removing entire or complex but the cutting and training is precise. branches. Branches that, when cut, will produce Ties should be replaced every few years to prevent sprouts that would grow into facilities nndlor ' g;ircUing the branches at the attachment site. utility space should be removed. 552 Pollarding. Po)larding is a training 5.72.1.5 Branches should be cut to system used on some )a.rge.p;-rowing deciduous laterals or the parent brunch and not at a trees that are severely headed annu211y or every preestablished clearing limit, few years to hold them to modest size or to give 5.722 RemotelRural Environment r them and the landscaper a formal appearance. 5.7 22.1 Climbing spurs may be Pollarding; is not synonymovs with upping, used when limbs are more than throw line ' lopping, or stubbing. Pullarding is dist_-rnce apart, or when the bark is thick enough ` to prevent damage to the cu�nbium, or there are no Annex A other practical means of climbing the tTM. (informative) 5.7222 Utilities must often BiblioE;raphy maintain facilities/corridom at remote locations. �I`ree PrvninC Guidelines 1994 ubiished b the In such locations, it may be appropriate to use P y mechanical pruning equipment. International Society of Arboriculture, 6 Dunlap 6.72?..3 hlecbnrucal Pruning. Court, P.O. Box GG, Savoy, II, 61874, Cuts should be made clor.e to the main c-em, outside of the branch bark ridge and branch coilar. • ' Precautions should be taken to avoid stripping or tearing of bark or excessive wounding. 6.7.3 Emergency Service Rectorntion m 5.7.3.1 During a utility declared emergency, utilities miist restore r.ervice aJ quickly as possible in accordance with ANSI Z133.1(current),29 CPR 1910.331335,29 CFR 1910.268, and/or 29 CPR 1910.269. At such times it may be necessary, because of safety and the { urgency.of service rest*ration, to•deviate from the use of proper pr'iWng techniques as defined in this standard. Following the emergency, corrective" pruning should be done rs•necessary,. t 1 • r • 1 1 1 elNSI rt300.1 - IQ95 1 "or Tree Care operaho»s - Tree, Shrub 1 and other ood Maintenance Plant V� y ante Standard Practices FE RTILIZI 1 1 1 June 7, 1995 - DRAFT �- 1 Seererariat NATIONAL ARBORIST ASSOCIATION, INC. P.O. Box 1094 Amherst, NH 03031 (603) 673-3311, FAX 603) 672-2613 1 1 1 I Fertilizing Woody Plants - General 1.1 Scope. 'Reis section presents standards for fertilizing woody landscape plants. 1.2 Purpose.-De purpose of this section is to provide specifications for fertilizing woody landscape plants. it is intended as a guide to t'ederal, state, municipal and private authorities in the dr,,fting of their maintenance specifications and should be adopted by them in whole or in j)art `ri 1.3 . Application: This section is intended to'apply to any person or entity engaged in die business, trade or performance of fenili7i no-woody landscape plants. 1.4 Reason For Fertilizing. TJte purpose of ferdflzina trees, shrubs and otlicr woody plants is to cor7cct deficiencies to allow the plant. to develop to its full genetic potential. 1.5 Types of Fertilizer ' 1.5.1 A fertilizer is a product applied to a plant which provides one or more of the 16 essential elements required for the plant to complete its life cycle. 1.5.2 A complete fertilizer contains nin•ogen, phosphorus and potassium. 1.5.3 Slow release fertilizers are characterized by the release of nitrogen over a period of months. This includes many natural organic, synthetic organic and coated fertilizers, Slow release fertilizers rarely damage plants when properly applied. 1.5.4 Quick release fertilizers are characterized P by the ra id release ' - of nitrogen aher application. 1.5.5 Liquid fertilizer can contain elilicr slow release or quick r ��JUt) Frnilizint;. June 7. 1995 draft � release components. 1.5.5.1 Suspension fertitizers contain dissolved and undissolved components. Ilie solids are held in �~ suspension by use of a suspension anent or by mechanical asitation. - 1.6 Fertilizer Practices 1.6.1 Timing of Fertilization. Trees should be fertilized when Uic root^z are actiVCly pro\t'inP. 1.6.2 Methods of Fertilizer Applic;ttions, 1.6.2.1 Surface applications Fertilizers should be evenly applied by calibrating a spreader to apply the proper amount of material r unit area. l� . 1.6.2.2 Subsurface - Drill hold method 1.6.2.2.1 !-toles should be evenly spaced berdnning near the wnk and extending near the drip line. 1.6.2.2.2 Holes should be 2.4 inches in diameter, rspaced 12-36 inches apart and 3-12 inches deep, depending upon the tree species, root growth patterns and soil r type. 1.6.2.2.3 The recommended amount of fertilizer 1 , shall be evenly distributed among the holes. 1.6.2.3 Subsurface - Uquid injection. i 1.6.2.3.1 liquid injection sites should be evenly spaced heeinning tear the trunk and Q00 Fmiltzing, June 7, 1`95 drul't 3 r extendine near the drip line. 1.6.2.3.2 Injection sites should be spaced 8.36 inches apart, cu�tl 4-12 inches deep, depcndinr upon the uce species, root nro%kil) patterns and soil tylx-. r 1.6.2.3.3 An injector should be used at -.in r :,veraoc pressure of 101,200 p.s.i. 1.6.2.3. '111r, specified ;,rnc,unt of fertilizer shall r be evenly distributed among Lhe injection sites. 71te pressure should be maintained at 100-200 p.s.i. 1.63 Fo)iar Application. r 1.6.3.1 holiar fertilizers shotOd be used and may temporary l correct iron and zinc deficiencies. 1.6.3.2 The reconuncnded nutrient soludon should be sprayed to the entire foliage to run-off. r a, 7..6.4 Tr6nk injections and implants 1.6.4.1 Trunk treatment with soluble fertilizers, pardcularly micronuuient may correct deficiencies. Applications r r' rshall be applied according to manufacturers recommendations. Trunk injections should only be used when other methods are not practicable. r 1.6.4.2 Injections or implants should be made on the root flare r or as low as possible on the trunk, using n sharp, clean drill bit of appropriate sire. Spacing, timing and depth r r should follow manufacturers recommendations. 1.6.4.3 Trees under four inches in diameter and trees under A300 t'entlizlnR.June 7. 1995 drur'r 4 droueht stress should not be trc3tcd. 1.7 Rates of application • f 1.7.1 The recorrunended rates in Lids standard should be used as a guideline for fertilizing trees, shrubs and other woody plants. Specific soil and foliar tests recommendations should N., followed when avaihible. Actual rates r f fertilizer applications should also be adjusted after considering the fertilizer to be used, and after insrx•cting on-site plant, soil and environmental conditions. 1.7.2 Fcrdlizer rates should reflect the needs of the plant as determined by'foliar or soil analysis. 1.7.3 In the absence of a foliar or soil analysis, fertilizer should be applied at a N-P-K ration of 3-1-2 or 3-1-1. Fe1.8 Square Foot Method 1.8.1 Rate of application shall be based on t1ic square foot method. 1.8.1.1 Apply 3 lbs. of actual n3uogen per 1000 square feet to the recommended root area annually or 6 lbs. every two years. 1.8.1.2 If the area under the tree canopy contains impervious surfaces such as walks, pavement, or other surfaces that restrict roots, the amount of fertilizer should be reduced accordingly. 1.9 Diameter Breast Height (DB1-1) 1.9.1 The Diameter Breast High (DBH) method should not be used ' to deternune rate of applicadon. unless conversion N made to ilia square font method, iteconimended conversion is I to I 1/2 feet of surface area in diameter per inch of D13 H. ' Fer llt,Ing. Jun, 7, IWS droi 5 ` 1.9.2 Sensitive Trees 1.9.2.0.1 Fertilir.er•sensidve trees such as ,1 broadleaf evergreens, newly transplanted trees, Vnerican 13cech, and Rip:ulese maple should be fenilized with slow rclease rnatcri ils or at one- half Lhe normal rate of inorganic (soluble) fertilizers. 1.9.2.0.2 Tres infected WWI fire blight, or phloern feeding sucking insects should be fertilized only as pan of n total plant health care program. Glossary of Terms Chlorotic - Yellowing of leaves, sfrcif3cally as it relates to nutrient deficiencies. dirccti Dripline - A circle drawn at the sun/sh4d.. interface when the sun i� y overhead, underneath a tree or shrub. Fertilization • 17he addition of essential plant elements to the soil, trurik or foliage of a plant. Fertilizer analysis - -Me percentage composition of a fertilizer usually in reference ' to the three main mineral nutrients - nitros cn (N), available phosphate (P,06) and potash (K,O). Implant ' Injection Micronutrient - Mineral elements required by plants in rcladvely small amounts. ' } Nutrients - Mineral elements required by the plant for pro\%,th and development. ' A300 Fcrilllzing.June 7. 1995 drrl't � ' Organic Fertilizer - A material containing carbon and one or more elements, other than hydrogen and oxygen, essential for plant growth. Natural organic fertllizcrs are derived from a plant or animal; Synthcdc organic fertilizers are produced from their elements or other chemicals. - Appendix To calculate the root area, use: Surface area = radius- x 3.14. The radius is the distance from the trunk to the drip line (maximum extent of branch spread). For example, a tree with a total branch spread of 36 feet has a radius of 18 feet. 'Ilte area (using the above formula) Would equal 18 x I8 x 3.14 or 1,017 square fcaL considering the recommended rate of 3 lbs. nitrogen per 1000 sq. ft. The amount of 30-10-10 fertilizer to be applied would be 10 pounds: 3 pbs of N) 0.30 (%N] = 10 (lbs. of 30-10-101, • - f ` ' A300 1°rrillizine, June 7. 105 d ; RECD JUL - 5 2001 MECO ENGINEERING CO.) INC. ENGINEERS SURVEYORS '10B Fast I figh St PO noy 714 Jr I I rrnnn C I tv,min nourl G5102 Ph,(5731[393-55511 FAX(5731893-5404 .d IAM�M)'IMECO July 3, 2001 U.S. Department of the Interior Fish (5: Wildlife Service Missouri Ecological Services Office 608 F. Cherry St,, Rooin 200 Coltunbia, MO 6520 1 RE: Review and Coninlent Proposed Eastland Drive Sidewalk Phase I ISTEIA Project No. S'1'11-3100-(509) Jefferson City No. 32044-0001 MECO No. 404-01.0`�-' Dear Sirs: 4P Enclosed please find a project location neap, topographical map and preliminary site plans for the above referenced project. While this trail will cross over a box culvert, the project will not encroach on the stream. The project will involve areas previously disturbed within the city limits. ]'lease review this information respond with in impact determination fbr this project site. If there are any questions please contact nic at (573) 893-5558. ']'hank you. Sincerely, U,S. r,.�), The .I 111(i %1(ij:rc service has reviewed Stephen J. Meyer, P.E. the subject project proposal and determined that no Project Manager federally listed species or designated critical habitat occurs within the project arcs; consequeuft* this concludes 7 ation and no lec"�" co C Enclosures review Of oli:, proPecis necessary. Field SupaviNt D94 1 T CH.l 1I A.L SP C FICA.T NS j JOTS SPECIAL IAL PROVISIGNS The Job Special Provisions shall be the "Missouri ,Standard Specifications for Highway Construction 1999." "I'lhc Job Special Provisions shall prevail over Geireral Special Provisions whenever in conflict therewith. r �r :I:f:CSI INICAL S'1'RI�I 'h SI?I �f1 1CA:1'IC)NS TABLE. OF CON'l-1"NTS I'dl,e Section 1'0 Clearing, Cirubbing and Removal 1 2.0 larihwork 2 :3.0 Cleanup 13 4,0 Pipe Smer Construction 13 5.0 Drainage SlrUCIUNS 17 6.0 Concrete "3 7;0 Asphaltic Concrete 31 8,0 Portland Cement Concrete Pavement 3'5 9.0 Lawn Repair and Seeding 38 '11.0 Crushed Stone Driveways `10 12.0 Rip Rap 41 ' 41 13.0 Rock Excavation 14.0 Sanitary SCWCr• Adjustments 42 20.0 Fencing 41ti 21.0 Certificates of Compliance 4.5 22.0 Schedule of Work 47 23.0 Maintenance of Traliic and Access q8 24.0 'Temporary Surfacing 49 25,0 Dust Control 49 26.0 Property Corners and Monumentation 49 2TO Cleanup 50 28.0 Traffic Signs, Stop Signs, and Street Signs 50 29.0 Downspout Drains 50 30.0 Subsidiary Items 5l 31.0 Concrete Gravity Block Retaining Wall 51 JULY, 2001 r TFCI INICAL TS-I TS-I ' l TS-1 . 1 . 1 Scope This ,vofk- "ll"111 consist ()I*clealllll�. gruhhimj, I-emovilij.", and disposill" of vc1l,clation withill tll(. const I I ld loll 111111ts TS-I . 1 21 ConsH tictioll Rc(Itilicille1w, 1*11C. Fnyinccl %vill ustahlisli 111C Colist 1*110 loll 111111ts and will (k.si.t"ImIc illi !w("" v(-1!"C.laIl()ll millill 111v Consfilldion 1111111S shall he fClM)VCd and lmqwd-v dl.�Jm.,cd (d Stumps and I-OOtS in CLIt area Shall be L,1rLIbbCd to a depth of not less than twelve(12) ilICIICS hClMV the filll.';lWd CM-111 vrade GruhhIng ol'Osage orange or locust hedge SINIII IIICILRIC I-VIlloVill 4100ts I'll areas, undisturbed StLIIIII)S and FOWS extending not more than six (6) inches above the ground line may remain, provided they are ,I minimum of three (3) feet below the finished earth grade or the slope of the embankment. FAcept in areas t I o*be excavated, stump holes shall be backfilled with. suitable material and compacted to the approximate density of'the adjacent area. When Is permissible IIllCICI'COIItI-011il1L, ilil-I)OIlLItiOII I-CgIllatiOlIS, all burning 1 of burning Ig 1)1-0(ILICtS OCCIC,11111"L-1 and Ylllhh*1ll!_1 S11,111 he dOIIC LlIIdCF the C,11'C Of COIllpetelit watchman at such times and in sticli nimincr that neither vegetation on adjacent property nor that designated to remain oil the right-of-way will be jeopardized. '['he burial OfStUIIII)S ',111(1 dChli.S Will I)Ot he I)Cl'llllttC(i Oil the right-Of-Way. PrOCILICtS of clearing grubbing may he removed .front the right-of-way and disposed Of out Of.Sight firoin the roadway provided an acceptable written agreement with the property owner Oil WIIOSC pl-01)CI-ty the I)I-MILICIS are [)hICCd is submitted by the contractor. The contractor shall scalp all areas where excavation or embankment is to be made, except that IIIO\VCd, bLlI-IICCI Over sod need not be removed where the embankment to be COIIS(I-LICted IS 11 feet 01- 11101-C in height. Scalping Shall include the removal of 1118tCri,11 such as sod, grass, I-CSidLIC Of agricultural corps, sawdust, and decayed vegetable matter from the SuI-f1ICC Of the gI-0LIIId WitlIOLIt I-CillOVillg 11101-C earth than is 11CUSSaly. The I)I-0dLICtS Of scalping Shall be disposed Of away fi-0111 the site of the work L1111CSS PCI-IIIISSi011 i!;granted by the F.IIgiIICCI-to alIONV such disposal on the right- of-way. All Such disposal shall be at the contractor's sole expense. 'I'S-1. 1.3 Measurement and-Pay tjiL-q- No IlICaSLII'CIIICIlt will be made of"clearing and grubbing. Payment or clearing and grubbing will be at the ILIIIlp SLIIII price bid. TS-1.2 REMOVALS TS-1.2. 1 Scope. This work shall consist of removing all drainage structures, pavements, surfilcing, and !lase Courses ofall 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 inlprovenlents which conflict with the work and are not deshinated to reniain in place. No listing; ofitenls to be removed will be made. f5-1.2.2 Co-ilslruction Itec uircnlents Old pavements, abandoned sewers or ii e lines or other _ . .-..__.1- -- — ( I f obstructions to the construction of'the roadway or within the limits of the right-of- way and not desivilated of peinlitted to rerllalrl, shall be rellioved or dispersed ofhy the Contractor away from the site ofthe work, In removing pavement, curb, curb and gutter, gutters, sidewalk, and other similar inlprovcnlcnts, and where a portion of'such inlprovcnlents are to he len in !glace, they shall be renloved to an existing joint or to a joint sawed to a nuninulm depth of one inch with a tn>e line and vertical face.. Sufficient removal shall be made to.provide for proper grade and connections in the new work regardless of any limits 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, (laving a nlininnanl thickness of b inches. The use of salvaged 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, of- floor drains. Broken concrete, paving material, bricks or nubble may be placed in roadway embankment provided they are well spread, completely surrounded by dirt and are not located within twelve inches ofthe finished subgrade, shoulder or ground surface. TS-1.2.3 Measurement: The work provided herein will not be measured for payment, but will -- I pY , be considered a lump suns unit. This shall include the removal of all items, whether in view or hidden underneath the surface of the ground, regardless of whether shown on the plans or encountered during construction. TS-1.2.4 )moment: The accelited removal of improvements will be paid for at the contract lump SUrn bid price. TS-2 EARTHWORK: ' TS-2.1 Scope: This work shall include all labor, material, equipment and services necessary to complete all earthwork as shown on the plans and specified herein including -3- roadway excavation, einhankment, sobJrrade preparation and finish I;raditu". TS-2.2 1"mthwork fi,r Pavement TS-2.2. 1 The krill, "Pavcll►el►t" as used in fills Section, is delined "is includrnl; roadways, roadtvay nnersectiml,�, �Jdv"valks, shoulders, cut and fill slopes, driveways, pedestrian/bike (rails, ImikinJt areas and all other areas c,f' earthwork: except cxcilvation and hackfill liu pipc (renc•hel and struct►ucs 'I'S-2 2 2 NII.SScu,r i Ili .hwriv SIR iliCillinns Section 203 and 207 shall govern all earthwork and Jti,cdin 161 sid"'walk" '111d Imll'; (-xc pf t1ml the• pfovisions I'M 111CW;circruunt and 1mvim-Ill thcicin tidl;►ll lwt ,►j ;clti anal e>Xcl)t aV; 11IM1114-cl ill the 161111 c,l' addition:;. (ICIC(ions and substitutions ir) this A11Wle Whelc ant' hart of• said SCCII011 of the Missouri Hil;hway Specilications is so modified, the unaltered provisions shall remain in effect c TS-2,2.3 Compaction shall conform to Missouri Highway Specifications Section 203.3. 'fhc first paragraph of Section 203.3.1 shall be changed to read as follows: Compaction to at least 90 percent of maximum density, as determined by standard Compaction Test, W ill be rccjuiral in the ic�llowin>; areas TS-2.2 4 Disp()saL I Jnsuitahle exraVaJ1Cd material shall not Le used in the cn,h,ulknlcnts and S11,111 nc,t be disposed c,i'un r Disposal shall be the sole responsibility and at the sole expense of tle CorltrilCtor. 1..JIISIIitilblC and c.r•CCSS excavated material may be disposed of' on pri\.cle property adjacent to the right-of'-way, provided written )ernlission of the property owner is obtained and provided the surface is properly finished and drained. In Stich C<1SCs, Secdini;, sodding, arld OtlCi' pity t11If111tltles shall not be increased thereby. TS-2.2.5 DitchCaenn01.it_ Special care shall be taken to clean out all debris and organic matter from existing roadway ditches to be filled. The ditches shall be carefully backfilled in accordance with the reiluirerllents herein, using trench rollers or haled-operated power compactors its may be needed to assure propei- compaction throughout. TS-2.2.6 Undergrading ill frock_C 'it- III rock Cut areas excavation shall be carried to twelve (12) inches below subgrade to a nlininlunl distance of two (2) feet behind back of curb. 13ackfrlling of undergraded cut areas shall be with a drainable material with top surface choked with lines 101- proper subgrade preparation, Whenever possible, this material shall be from project excavation. Where authorized , 1 an open-graded drainable crushed limestone shall be brought in. Undrained pockets shall not be loll in the surface of the rock. t -4- TS-2 2 7 Suh-grade Suth.111 ration Pockets of'unsuitahlC c;u'tlr nlay he encountered in cut areas where it will he I Ill practicablc. to replace with suitable materials li-orll excavation on the work site. In such eases, where IllthoriZC(i by the I:ng�i►leer, the contractor shall filrnish and place crLrshecl Stolle base as required to provide I stable Suh-grade. ('rushed stone base in acrorklancc with 1e(luirenn;n1s of Article TS-I I Where necessary, ;I portion of,they Stolle hale shall hu nlixecl with existint; earth to provide suhs,ImIc st;Ihilrty, anti that pn11 101) Of)hc. SlonC haSC 11MICIi8) ::ha11 hC (IC IivcrCd to IhC projc-c.t in as (11Y a" possible Cmiditiun. FS ? 2 ti -ldditic,n;tl I;;tst 'ftlicl nc ,s Whcw, ill Ill,.. npntion ol'thc 1;ni�,inccr, conditions are surh that it is intpracti(•ablC tc, ohtiml Slrb-L�,racic ,:Ilis 1'1(:I , y liar dtc pavement thickness, the contractor may he directed to linish the it lower than specified elevation and increase the thickness of base. ']'S-2.2•. The provisions of parilgraplis 1 S-2.2.7 and 8 ;hall not he COIIStRred to IClicvc the rcontractor of his responsibility for any necessary aeration and compaction of'suitable �■ earth at sub-grade level. TS-2.2. 10 Protection of,_Slib-t_inldc: 'I'hc contractor Shall protect the subgrade by not allowing delivery vchiCICS of'CxccsS weight the l-Con and by varying the path of,dclivery Vehicles So as to not cause excessive rutting I leaving or rutting ddIII Igc to Suh-grade caused by delivery %1UNCICS during having 01)C ttionS shall be immediately repaired and brou4;ht hack to specified elevation prior to.) placing hale or portland cement concrete ' pavement. TS-2.2. 1 1 TOP. oil: The top ibur (�l) inches o('hackfill shall he top soil, (ice lion rucks, gravel, and any undesirable materials and shall be material suitable to establish a seed bed. This material nlay 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 101- 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 Plans shall be graded to drain as directed by the, Engineer, at one (1) percent Illlnlllllllll slope wherever possible. Special care shall be taken to avoid leaving low areas or water pockets. No direct payment will be made for such grading except that n1CaSUr•CI11CIlt for- payment of`Pr'oposal items will be made. "I'S-2.2, 13 Sub--Grade Tolerance: Except as otherwise specified in paragraph TS-227, the sub- , grade for all paving;and SlrrflCillg shall be"wlthlll the tolerance I allge Ofllllnus 011e-half ('/2) inch to pILIS one-quarter ('/4) inch with respect to specified elevation. TS-2.2.14 Borrow Material: -5- r ( I ) II'hor►ow ►nateI ial is r ecl►tiI ed, the cwItractoI shall supply Ibis material roll a b,uIf m � a►ca of IIIc site The bo►row arca shall he obtained by the contractor at his sale expense Borrow materials shall he approved by the Engineer hck)w Ihcy are transported to Ills site ol`the 1'►ojcct Matcrials shall be siinilai to ~oils fi,rind mi the I'rujecl Smk showing high :,���'li pulcnUal�, ��ill nut In :il,pru�'ed TN-2 :' 1 1 c latk.-i I'd All sui1;Ib1v 1•••cv,:; nt;,tclml I*runt t2ACilva1 iun I,rcollw the property ot' the ( 'ire, d, Icfli•►:,(,n and will ht ,tui.l,pili d at thL• cliiccli(m uf,thc I.u.�.,Inca 'I'S-2 2 10 I'IclhI,cl ;\Ica ,u►entcitt of,linca► graclinV and suhi'.radC compaction Will be rnadc. to the nea►est litot, unless otherwise provided in the contract. NICasrrrenrcnt and payment li,► entr;►nces, approacftcs and sick pavcrl sidewalks shall he made as linear pj,adr►it;• F,Illvallccs, ;lltl,rc,;►che Mid ,ids• paved sidewalks will be i measured alone; the centerline of each facility, regardless of the width to be constrI.icted, beginning at the edge ol'the road, trail or sidewalk that is being entered and extending to the point of zero cut or embankment of the cntranCC, approach ar Side paved sidewalk TS-2 2 17 Basis of Pilyment PaYniclit li,r c.uthwork :,clh.prildc r,>mpactiun and linear grading Will ht_ InadC at the Contract unit price which shall he Dull c(mil ensation Im the excavating, prading and haulin4c, placinfl and ((KIIIIn.P,o(*c►nhankincnts, preparation of, SubP,radC, shouldcrillt., founding slopes, picking up and disposin.v, ul'Iield stones and any other work noted on the plans 'I'S-2.2. 11; li,iais_�,j:l'{i�rtirnl 1,61,1 Instritahle Material: Payment 601' the rcntewal ofany unsuitable material shall he made at the contract unit price. 1'aymcnt 1101- the rttaterial for backfilling required undergraded areas shall he rttade at the contract unit pricC for i rock material in place. Ifadditional fill material is required f6r the unsuitable areas, the additional fill material shall he located, furnished and 1aulC(1 by the contractor as necessary, and will be considered linear gradirIM aS includCd in the original bi(I item. The contractor shall he responsible fctr obtaining,all necessary permits and casements. No direct payrllent 1,61. locating, sccurinp, case incnts, securing.; permits, furnishing or hattt.ing additional fill ntatcrial required Im tile. backlill of unsuitable arcaS will be made "1•S-2,3 Tre Idling;,_1 gi1hednicnt_and Backl_ill 161-_1?ig>G: '1'S-2..3. 1 I_icri( h 1 avation_and. SIICL-tina, ' J (1) I xCavalC in open CIA cscCl?t where boring, jacking or tunncling is Specified. ' -6- Trench walls shall be vertical in streets or improved areas unless otherwise authorized by the E nginecr. Provide bracing, shccting and cribbing where Accessary to prevent caving. (2) All ShcCtirlg Shall be pulled immediately prior to backfilling around the Shccting I however, the l.nginccr nr►y direct all or a portion oftllC SI1CClingtO he left in place in order to protect the pipe against shock load of caving banla, or h, protect adjacent St►ect ur property, or to prevent m r ateial that cannot be compacted to Specified density lionl caving into the trench. ( ;) WAICre Sheeting i, Iefi in place, do not brace against pipe, but support in a nr-,anncr which will not apply coanccntrated loads or horizontal thrusts on the pipe. Cross hi-aces above; the pipes may he rcrno,ved alien backfill to top of Pipe has been completed. (4) 'french walls may be sloped in ►lnimproved areas ifrequired to prevent caving and if adjacent property or trees to be left in place are not thereby subjected to additional cutting of roots. (5) See Pipe I::nlbednlcnt Details on flans IM n►ininulm and maxinnlnl trench widths. Ifnlaxinnrnl is exceeded, and strength rcquiremCntscantrol, } ngin'el. play direct contractor to install Special hedding or heavier class or gage of' pipe at contractor's expense FS-2.3.2 GI.01.11).d %VS l,to_tnd SiiI-I'ICc_\ '<tt,�r: (I) 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 pllrlll)S or other acceptable means to the extent necessary to keep the trench free from water, pipe Suh-grade stable and firm under foot, at all times \vhen work within the trench is in progress. (2) The contractor may use additional granular fill material, in accordance with the requirements oPsubparagraph TS-2,3.3 (b), in connection with drainage control, at his own expense, t (3) Each excavation shall be kept dry until the backfill is completed to the extent that no damage from hydrostatic pressures, flotation, or other causes will result. -7- (4) Surface water shrill he (liverted, and otherwise prevente(I from entering excavations an(I trenches to the gre itcst extent I)racticaI)Ic without(la Ill age to adjacent property front dikes, (lilchcs, Or inlpotin(IM water. "1'S-2.3.3 Pipc,1 cnril(faljon, (ir;iilular I:i_Ll a►ul "I'►_unclt Ijc)ttc�m_ 1; bilir.atican ( I ) All pipe- shall he I)edr,iecf as shown ill the "Pipe Fillhedillcnt Details" on the Plans (2) Granular fill shall be clean I l%TI i!,ravel Or rcns(urlbiv sc)und crushed lin)estone,free Of cenlcntiliOtls, sh,rly, Or flat ;Intl Ilakti particle , in an anlOtlllt whICII %�OIII l eiulse the n),ttcrla) to c;tke (u pack ur otherwise It)rnl an unyieleling support .(i)r the pipe Gradation shall he such thilt at Icast ninety-five (95) percent passes a three-quarter (3/4) inch square mesh sieve and not over five (5) percent passes a number Four (4) s(Iuare mesh sieve. (3) l tilbi,lization.. If'the trench boltOIII at base Of'the re(uired pipe enlbcdnlent material is,-unstable, the contractor shall excavate to an additional depth and backfill with crushed stone as directed by the Engineer. The size of stone used shall be'as required for effective stabilization. Where large stone is used, the tipper portion sh;tli be choked with Smaller Stolle and no stone larger than one (I) inch size will be allowed within (3) inches of the pipe wall. Stabilization imaterial ordered by the f."ll 'slicer will he paid 161. in accordance With the stipulations of Articles .FS-2.5 and TS-2 o I lowevcr, payment will not be made Jor stahilization m r material o extra granular fill used for contractor's convenience in controlling draimige or as may be required to stabilize trench bottoms niade 11115table thri)ut;h contractor's disturbance thereof or excessive tramping thereon. (4) Pipe shall not be placed over' 1107.C11 tI-ench sub-grade. ' (5) Placeinent of'Gr'antllarrFill: 1. Place granular fill in lifts not exceeding six (G) inches and bring up evenly on both sides of pipe. Do not dunip 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 fatal compaction and provide lrnlform and ' solid bearing under and around the pipe an(I its haunches. 2. Screed granular fill as shown on the flans under elliptical or arch pipe. 3. For a length of two (2) pipe diameters (effective diameter equals average of span an(f rise for elliptical or arch pipe) on the upstream ' ends of culverts, omit grallular fill. Ilse selected clay screeded and compacted to not less thrill ninety (90) percent of Standard Density "I'S-2 3.4 13c11.1.lc-lys Dig bell holes where pipe has bell joints. No part ol'any bell shall be ill contact with the trench bottom ol. sides or gra lmiar fill when the pipe, is jointed 1 I'S-2.3 5 I;ack1111.rtc, Top_o_f'.f'ipe ( I j SCC"Pipe I;nlbcdnlcnt f)mails" 011 flans. 'Phis section cover.; lire backfill I onl top (1f)cra11u) l fill to top (W pipc (b) Hac:kfill as soon as possible to Illlllllill/.L' the possibility ofclaulil e to joints an inconvenience to the public. (c) Material to he selected earth or grallular fill llmlelial, free 1'ronl socl, sticks, roots, or rocks over one (I) inch size, to be Lulli-ozen, and to be ol'proper moisture content for specified compaction. Suitable material from the project excavation shall be brought in from elsewhere on the work where required. (d) Place alongside pipe in loose layers 01' sit (b) irlcll nlaxilllum thickness, thoroughly compacting each Flyer. Take, special care to place and compact 111,11CHal ;u-ou11d the pipe so as tO ICi1vC 110 voids 111(1 to provide unif01111 latrral support 11111- the pipe. Hl-i11j; rlrlterials up 11111fol111fy on 1)0(11 sick:;; of pipe. taking; special care with corrugated metal pipe. (5) The material shall be compacted to the sa111e density as required for backfill above top of pipe, TS-2.3.6 13acklill Above Top 61`11' (1) Ger>.eral: Backfill from top of'pipe to original surface or to sub-grade where pavement is to be placed is covered by this section. (2) laterials: 1. Material (or backfill above top ofpipe shall be the same as for backfill below ' top of pipe as specified in subparagraph TS-2.3.5 (c), except that small sticks and roots less than one-half'(1/2) 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 -9- expense. 2. Rork larltcr than one ( I ) inch shall nut he placed within three (i) inches of' 1)i1)e. Rock lartiter than ci,uIlt (R) inches shall not be placed within two(2) feet ell'IIle top of,pile. No rock Iarttcr than two (2) inches may be placed in the ' ul)Itcr sir (0) inches under I)m,cnunt suh tvradc No lock nmY he placed ill the uhper tWCIVc ( 12) inches of'►rcnnc�s thruu11h grass palkways of- earth areas. ;Ioll(:s nr►y he flared in the renl;ululcl of thr LackIIII only i1' well scllalatcd anti So arrancrcd that no intcrlcicncc with the sllrrilicd hacktill Will result (3) I%Jo (ids t V Mcthocl cif' harkfill used Shall nclt irnpctsc cxressivT ronccntralcd or unhalanced loads; shock, or impact on, or cause displacement of tile. pipe The backfill shall be slowly rolled down a slope at the end of'the trench-and shall not be pushed over the side of the trench. 2 C'orlsolidated material Weighing nulr'e than arc hLIMIl e f(100)poinuls shall not be permitted to fall more than three (3) tint into the trench unless cushioned by at (cast thlet2 (I) (t2vt ot'Irlrktill over tol) nfl)ipc ( t) Colllpadioly 1. I.3ack.(ill tinder pavement shall be defined as being under all areas to be paved ar SLll'faCCd far VChlCUlar' iwcess, except those to be surfaced with crushed stone. The limiting line for such backfill shall extend )ram sub-grade at twelve (12) inches beyond edge of'pavement or back ofcurb, downward on a slope not steeper than one (I) to one (1). In areas so defined, backfill shall lie not less than ninety-five (95) percent of Standard Density. 2, 13ackhIl_ill Other Areas: In areas not defined in Item 1 above, backfill shall be not less than ninety (90) percent ofstandard 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 conU'actar's responsibility. Obvious voids will not be permitted. 4. Thickness of backfill layers will be determined b y the coordination of test ' Y S results with field performance and equipment used. The contractor will be expected to maintain established procedures except where unusual conditions ' arise, _10- TS-2,17 Installation of"NI)e in.l; 111ha ell (I) If embankment is made prior to placing; pipe excavate trcillch, Place Pipc and backfill, in accordance with the SPecificatiolls herein. (2) 11'embankment is made alter placing Pipe compact embankment to top ofpipe on hoth sides ol'pipc 161-a distance of It least five(5) pipe diameters each side of'Pipe. fS-2.3.5 f'rntectioll off'ipt.fiolll.l feavy l"quipnlcnt, Provide tempormy fill to at least two (2) fret over top of'pipe extending at least five (S) pipe diameter:; each Side, or flreater protection, aS r'CCluireci to protect pipe front heavy e(juiI)MCrlt. llarllage to the pipe resultitlg from excessive equipnlCrlt loads shall be satisfactorily repaired by the Contractor ril his sole expense. TS43.9 Excavation Ahead for Location of Obstructions: (1) Except where otherwise directed, excavate at least ohe hundred fifty (150) 1 I'm ahead ol'pipe laying in order to uncover any possible obstructions in the Wily of laying the Pipc. If' such obstructions are encountered notifv the F"ligi nee r immediately so that a needed change may he considered and effected. (2) Changes from I'lans may be made only on the direction of the Engineer. Such Changes may include changes ill line, grade, pipe size or type, additional or less mitering, I11,111hO1CS, CtC. SuCh C•11a11gCS May rr1VOIVC unanticipated moving eof underground utility lines. (3) Refer to Article GP-7 regarding Protection atld I110VItlg Of Utilities and other obstructloils. (4) The contractor will be paid for the actual amount of Proposal Items authorized (within the pay limits established) and performed by him. He will not be Paid for unused materials left over or for delays arising from encountering obstructions. 'I'S-2.3, 10 Maxilrluni llcn Ith OftrCrlchin _allowed allead cf Pje Iayirg shall be one city block or four hundred (400) feet, whichever is shorter. ' TS-2A I�,xcavation and RaCkfill FOr StntCtur'CS: TS-2,4. 1 The tCM1 "stRICtur•es" as used in this Article, means inlets, manholes and all other struCtures, not including Pipc. -11- • TS-2 4 2 Missouri i lighway Specifications Section 200 Shall govern excavation and backfill feat' structures except th,►t the provisions tier n►casurcn►ent and paytt►ent therein shall not apply and except as n►odificd in the form ot'additions, deletions and substitutions in this Article. Where any Dart of'Missouri Ilighway Specifications Section 206 is so Illodificd, the unirltered provisions shall ren►ain it) of ecl. 'I'S-2A.3 Delete the fi T'S-2 6 13a,sis cif Payment: T'S-2 O 1 kxcavatiml and Compacted Finhankmenl, will he paid for at the contract unit price. I'S-3 (IA:nNl)1) The. contractor 411,111 renluve Boni the owner's property and from all public 111(1 private property, tit hnS mvil expellse, all temporary structure~, rubbish, excess excavation and waste material resultint., I'folll his operations All nlatcrial fi)ulld to be unsatisfircaory for hackf ill shrill br re11mvvd all thr cmllmdm 'S cxpcnsc All esislillt�, ,oc! ,ue,l . shall 1)e Ildlid lakes) to ►cnlo�T earth elepositcd on or in them (lurid" construction. All clitc11c!s s11,111 hC r11alcc lnd )lo url Sloped C:XCCSS excavated material shall he removed firo a ditches. Shoulders where sodding, seeding or.surf ldrig is riot required shall be bladed and shaped. The project area shall he kept at all tillies as neat and c.(c;an as possible. Debris front construction operalic)ns shall he renloved li.o►rl the site as soon as Col)Sll'UCt(.)il is colnl)leted ill a t_jVCll area Dill pile; Shull be lemoved and the area finish graded as soon as possible after collSlr"uclion of a yiven scClioll ol'the project is completed. In no instance shall dirt piles or debris be '111mved to relimin on lawn areas Ions; enough to d,1111a e s;rowing sod. -I'S-4 P11?1':_SJ;WE," Z CONSTRI.1CflON TS-4. 1 General: This work shall include the construction of all pipe sewers whether storm sewers or sanitary sewers. The material required for each section of sewer shall be as shown on the plans, 'trenching shall be in accordance with Part TS-2 of these specifications. TS-4.2 Reillf'61-Ced.Concrete l?.im_Storiil Sewers: TS-4.2. 1 Cleller tl: This section covers the materials and construction of reinforced concrete pipe storm sewers. Other types ol'pipe and all appurtenant structure are covered ill ' other sections of these specifications. TS-4.2,2 Molter yl: All reinforced concrete pipe shall conform to the requirements ofASTM C- 76-62T, Class 111, Wall B. Pipe joints shall be tongue and groove or bell and spigot type. OPipe For use on the project shall appear neat and well made. It shall be free of cracks, broken places, and obvious manufacturing defects. -la- r All pipe shall be stamped oil the inside with its class beflore delivery to the job site TS-1 2 3 Pipe I.nying Pipe shall he C Ilcfillly handled by sling m other memis to prl>tr:ct it frol►l damage Partic)dar care shall he taken to avoid any 1i.m., 1;111 or shock to the pipe. Pl )c Shall be calrcfillly placed on the pre rued beddini, materia) and jointed as specified r { { 1 IWIMY Pipe "11,111 he laid true to both line and grade and shall procluce a straight line between stluctures except whew other than strail;hl alignluent is rcyuired or allowed by the plans V"Ilvlc c'imvc; ,nc IC(limcd Ihcv III;IY I)c ,iccoulplishcd I)`- the follo�,int. methods ( I ) II'tllc curve is slight or if the radius of't11c CIIIVC IS very long, curving may be ■ accomplished by deflecting each pipe joint in the curved section equally to liunl a sillooth I1111fo1'111 Clll-ve. In no case shall ally pipe joint be deflected to the CXICIIt Illat the 111,lXIII)11111 oI)Clllll' of 1110 joint CXCCeds one half'the joint depth (one half the depth of the socket). (2) Short radius bends shall be accomplished through the use of factory made mitered pipe sections. These.sect lolls shall be labricatecl Specifically for a given curve and, when properly ISSenlbled, Shall produce a uniform curve (consisting; of'a series of'shol't Chords) URIC specified radius Pipc shall he placed in accordance with the nrinuf IGturer's rcconunendalionS and the details given on the plans. All pipe laying shall begin at the lowest point on t11e sewer proceed to the higher parts TS-4.2.4 Jointing: Pipe jointing shall be as specified in Section 726.3 of"1Missouri Standard r Specifications for I ligllway Construction", except as lilllows: (1) Cement or tar-joints other than "diaper" joints will not be -lcrnlitted. r f J 1 (2) Pipe joint surfaces sliall be clean prior to jointing, (3) Care shall be taken not to allow bedding Material or other dCleferiolls matter to enter the Joint during, pipe laying or jointing. ' TS-4.2.5 Backfill: Following jointing su licicnt bedding material shall be placed and compacted along the sides of the pipe to hold it securely in place during the baekfill operation, ' See 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 back-fill material. This material shall be placed and -14- r compacted simultaneously on both sides of'the pipe. Backfill above this joint shall he as specifed TS-2. I'S-4.2 6 I'ipc_&)chors. Wherever storm sewet does not outlet into a paved channel or other structure, pipe anchors Will be regclired to connect all pine joints in the 20 fleet of storm sewer prvCC(lin.c the outlet This 20 led shall include the length ol'tile. end section. I S-4.3 ('cirriwated Mead Pile and Pipe_.Arch Stoma Sewers -t -; ► 1 S 1.. . 1 Sc��p� 'I'll's splucaflcatMil cot c rs Con'lls"ated 1 metal I pipe, (lip e "uch, and fillings whet► shall be -Curnished and installed complete with connecting, hands and othcl necessary appurtenances for sewers and culverts. Wherever applicable, the term "pipe" shall also include pipe ,M•ch TS-4.3.2 Uscs: Where "CIVIP" is called for or allowed on the plans corrugated steel pipe as specified herein may be used. TS-4.3.3 Materials:, TS-43.11 COITUgat.c;d Metal _I'ipc__and l'ip� arch shall he in accordance with AASI fO Designation M30 1101' HVOC(1 pipe 111(1 pipe 11'01. I ICl1C:aIIV CUnSDAMCd COH-Ugitted sicel pipe which meets all ether criteria of, this Section may he used provided the. Corrugations of'tile ends of,tile joints of pipe arc rllade annular 161. tif.;I►ter jointing. Unless Otherwise specified o!• Shown on plans, gages shall be as follows: ROUIld hrOC 6" through 211" diameter - 16 ga, 30" thrraugh 36" diameter - 14 ga. 42" through 54" diameter - 12 ga. ' 60" through 72" diameter - 10 ga. Pipe Arch 18" x 11" through 25" x 16" - 16 ga. 29" x 18" through 36" x 22" - lei ga. 43" x 27" through 65" x 40" - 12 ga. 72" x 44" - 10 ga. 79" x 49" - 10 ga. TS-4.3A Alignment and Grade: Corrugated metal pipe shall be aligned and graded in accordance with the re(luirements for reinforced concrete pipe. -15- WIICIC Illilllti S11oW �',1<I(IC' Challl!C bCtWC'C'll S1HIChIIL'S ()1' 5114!If I i1111!,IIIIICrlt challr�c to.cleat ohstI IIctioIIs, de IIccI pIpC i111d IoItIIs Over iI dlstilllce iIS IC(lIIII cd, after IomIs Ilavc been coupled and only to the extent that ,joinls Will not he Over-stress(d TS-:I :35 keying Pipe Pipe sh;lll he protCCiC f from fatcral diSI)iilrenlcnt by mlCMIS Of' pipc r ('mlhedrllerlt IMO(riill inslallcd as provided in the lrClICI1 hackfill specilication No pipe shall he fald in w,lter and n0 pip( ,;hall be laid in (Insllic INC wcath(1r Of IrcnCh COndition� WIlcn will1cd in the• I1cml h Ow pipc sh,lll h)Inl a IIIW Mill ::ulOOIII hnc 1111w, shall not C�CCI)I li)I 1 !(,, )Ir(, ;Ind IJjW r1( t nmkin,., a ItOild Iii shall ht- rc'nloved i Unless otherwise aj)provc(I by the Engineer, the laying of pipc shall begin at the lowest point and (lie pipc shall he installed so that the outside• laps oCcircllmf'crential joints point upstreiun and Wlth longitudinal laps on the sidcs TS-4.3.6 Coujj,irl file: Pipe ends shall he butted as closely as the corrugations will permit, then jointed with a firmly bolted coupling band. Draw coupling bands tight. Merely tlr',htelllllg bolts Will not he ade(Illate. I.uhIJMIte contact surfilces ol,coated pipe and hands With file) oil Or slillilar S(11VcIlI Tap the hands With heavy wooden or rubber mallet Use chain clinchin r, device 111 spacial c!aInpin!.-, device i!, rc(IIIIred 161. tight connection off larger pipe Field coat Coupling hops, nuts ".111(1 rods with bituillinous material after installation. T'S-4._x.7 Installilli fatd_Sect.ions Prepare. moist clayey soil bearing shaped to old section and place thereon. .foin end section to pipc with coupling hand. The toe plate shall be set in i► trench and backhlled with compacted moist clayey soil or driven to the required elevation. TS-4.4 I\'1CilSLII CIIIC_(lt. 111d_PaYn3cnl "I'S-4.4. 1 C NIP aiid_RCT Pip-g. Pipe Will he rlleasilred per linear foot ok-millpfeted pipc ire place. Payment will he made at the unit price bid per linear foot fi.)r the completed pipe in place. Payment shall Include all costs of fLirnishinf„ and installing pipc including trenching, backfifling of,pipe TS-4.4.2 CM_N and RCP 1_rld Sections: Ind section Will be measured as one unit cacti complete in place. Payment will be matte at the unit price bid for each complete end section in place. PaYMCIlt shall include all costs for furnishing and installing cnd section including , trenching, backfrlling. -16- TS-5 PRA NA(ill. S'fRJ,j(C'f111t1?S TS-5. 1 The work ~hall consist (.if' Furnishing; all labor, materials, and equipment Accessary to pel I'M Ill all operations in connection with the construction or Junction boxes, inlets and catch basins required f 61.the project in aCcrlydalice with the specifications and dnlwings Items Aol specifically nlerltioned, but necessary f6l- completion orthc work shall be considered as incidental to (,)tile[. items in the contr;lct. FS-5 ? 1I\lawllals I Collucte. shall he Class"I I" Portland ( enlent ('oncrele in accordance with the requlr'CI11CI1tS OfSCCtiOlI TS-6 ofthcse specifications, 2. Reinfol-cing steel shall consist. ofciclin-med bars of,grade•10 steel corifornung . to the requirements of ASTM designation AG 15 or of wire fabric conforming to ASTM designation A]85. 3. Expansion Joint Fillers shall be ofa non-extruding type conforming to ASTM designation 1)175 1 MICI cut tO the dinlenSIMIS Shrlwn on the plans. l::. -Ih%york. This section shall cover all necessary exc'avalion ;Ind hackfill required 1m- consU-ucli011 ol'thc various structure;. All applicable portions of Section TS-2 shall apply to this work. Particular rare shall be taken to protect existing UI1dCl-grUllnd tltllitieS and surface Improvements. Excavations for structures in improved areas shall be held to the. smallest practical dimensions. No increase in payment for street or lawn repair will be made to allow for areas disturbed by such excavations. Structures Sllall he founded on undisturbed subsoil, if subsoil is not firm, over-excavate and replace with granular fill as required. Section TS-2.2 shall apply for Subgrade stabilization under strcicturCS. Backfill requirements fbr each drainage structure will be the same as that of the pipe to which it is connected. li'move than orle pipe is connected to the structurr,, the higher backfill rc(juircnlcnt shall apply. 1 Backfill under curb lransitiOlIS shall be to 95% of"Standard Maxlllltllll f)ensity. All excavations shall be kept drained until the structure Is constructed and backfiiled. TS-5.4 Construction Methods: ' 'I'S-5.4.1 Forms: Forms shall be of wood, plywood, or any other suitable material, designed, constructed, braced and maintained so that the finished concrete will be true to line and elevation and will conform to the required dimensions. They shall be designed to -17- wilhslilnd the I)ICSSUre ofthe concrete, Ilse cII' CI ofvibratIon as the concrete is placed and all loa(!s incidental to the construe con operati(,ns without distortion or dIsplaccnl(. )1 They shall be 1m)I tar t ii,hl ()iIIIly,both IIISidc alrti 01Itsi(I(: MIIT"Iccs will he redr►ire(1 to I)ICVCIIt warpin��, shrinkas,c, or swellinp, I orals shall he consuuctecl and desiplie ) so I11i11 their wilur"al can he ulii•ctc(f N601MIl IllltIIV It) 1111• C OIIL rCIC Mid 'M Ihat I)MAIMIS WI1C1'C SUITI T 11111Slllllr, IS I(.'llllll'cd Illily he rcnlo•,'ud %%illimlt dislillhillY If)I Ills thill arc Io remain I )ill, chil)L, !;aw(lust. nails and Other I'MUl)r,ll nu,ttCl shall hC IcrrlMTd 1)l1i,rt, uny concrete is ((cposilcd Ihcruill 'I it, 1(1(1, h(.11•• mid lull bttril± ( , %, Ilhill tilt, 1611 w, "hilii h(• I mil ,lr,lcicd ",t) ;1>; It) pern)iI Ihc•II It nit,t.,,I it) it (Ic•I)II) Of ,,t lCii',l I ' : inch( s fionl th(• filCC «irht)Ilt injluy (o (hc' CMIClutc In ca:,u Wilc tic•:, WtA V HSC(l, upun ►crnoval (dihc IMIll", rill plujec:ting wire shall be cut back at least %2 inch 111'0111 face ot•all All faces that Will be exposed to view nffc r the cornld( tic,n of the evorl, and Ilusll with the like' ofr,ll ronc_rcte surlaccs that will Ilol he c-,pc,t,cd to vic)t' All littinl s lily nlclal tics shall hu. 01 such design that, 1' upon their removal, the cavities which are tell will be ol'the smallest practical size. i TS-5.4,2 Inlet and Chltict,l?ipe pipe or tilt placed in the concrete fir•inlet or of tlet connections S11,111 uxtcnd Ihroul:h tilt cunCrctC Willis beyond the outside sullilc(•s ()I*tile walls a sufficient distance to allow loo' CMIIICeti(llls Tlk' I)il)(' or Iil(' shill) hC I)hICCd tlu'ough the li,rins and pt)urcll in plarc The cads 01'11W I)il)c shall he Hush V,101 ihc• inside Willi (WIhc stiticttlrc TS-5.4.3 IZeillf)rc.clllcnt: I Pja,CC►pc nt. Reinfof-Cint., bar s shall he accurately placed as shown on file plans and shall be firmly and securely held in position in accordance with Concrete Reirlli)rcini, Steel Instilute "Recommended Practice li)r Placing Reinl'orcing Bars", and by using concrete or nlctal chairs, spacers, metal hangers, supporting wire~ and other approved devices ol'sutlicient strength to resist crushing, under lull load. Metal chairs, which extend to the surlace of the concrete (except where shown on tlIC plans) rued wooden supports, shall not be used. Placing bars ill of fresh concrete as the word; prol;ressc�s and adjusting bars durinf; the plilcing 01'concretc will not be permitted. Before placing in the fi)rnls, all reinforcing steel shall be cleaned thoraughly u1'111ortar, oil, dirt, loose mill scale, loose or thick rust, rend coatillgs of any chrlrrrctcr that would ' destroy Or reduce the bond. No concrete shall be deposited until the placing ofthe reintorcing steel has been im pected and approved, ' :?. tiplic illf, Splices of bars shall he made only where shown on the plans of- as -lh- approved by the F.nl;incer. Where has are spliced, they shall he lapped at least 30 diameters, unless otherwise shown on the plans Splicing shall he accomplished by placinf, the bars in contact with each other and wiring there together \Vcldinl� elf 1-c1111,61.6111; Stec•! or cuttinl� with ;.1 I.11tllllf.! torch will not he I)crmittCd unlcsS specifically autholiiecl try the I.nj!inccr a 11encling, Kcinfmc•enlent. licilds;Ind hook!, in halt; shall he made in the manner presrrihed in the "rNLIM al of tilandatd I'raclice" ol' Ihc C'orlcretc (tls►ittttc; Bars shall not be bent or straightened in it manner which will injure the material. Bars with pinks or unspecilicd bends shall not he used el. Welded Wire Fabric. Welded wire fabric shall be spliced not less than two meshes. It shall be lifted cardully into its specified position afler the concrete is placed but still plastic. Concrete Placement. Concrete construction shell he in accorda►tcc with Section TS-7. Concicte .Shall he conveyed, deposiied, and consolirl;ticd by ally method which will preclude the Scg,reg,ation or loss ofingredients Chutes used in conveyi1w, concrete shall he sloped to permit concrete of the collslste►1C)' required to Ilow without Scti;regation. Where necessru',y to prevent segregation, chutes shall be provided with baffle boards of a reversed section at the outlet. Where a sequence 661' placing concrete is shown on the plans, no deviation will be perrllittcd unlcsS approved ill writing; by the Elligincer. Where concrete is to be deposited against hardened concrete at horizontal construction joints, placing; operations shall I)Cghl by cclnvcyillg a I;rout mixture through the placing; system and equipment, and clepositinj; the nli.\ttn'e on the joint. The grout mixture shall consist ofa modificatioll cll'the concrete specified to reduce the Cltlillltlty of'coarse aggrcgate Ill the Illy larger than pelt-gravel size to one-llalfthe quantity specified. To avoid segregation, concrete shall be deposited as near to its final position as is practicable. The use of'vibrators fol' extensive sillf ing of the mass of Concrete will not be permitted. Concrete that has partially hardened or is contaminated by foreign materials shall not be deposited in the structure. w Concrete shall be placed in horizontal layers insofar as practical. Placing shall start at -19- the low point and proceed upgrade unless othereVise. permitted by they f`.nginccr. Concrete shall be placed in a ContinuuuS OperatiOrl hctwecn Coll:,tructiorl jointS and shall he terminated with square cads and IcVCI IOps Inlle.;s othetv:ise shown On the plans ('011cictc shall riot he I)crnlilted to Bill more than sip, li la wilh( ltl the lls( ufpipca r)r trcnlics. Pipes or Ircnlies shall he at lead six Mclic!; ill character, c)► the clluivalcnt CIOSS sc'CtiOnal alea IM Icctan tilal scctlon' t 'olhICIC sh;tll nl)I he placccl ill horizontal nlclnhcrs OI sections until the e:uncicle in the• stlpp( lIIl)v Vcttical nlenlhCrs OI sccti0a:, has hcen rOnsolillatcd and it 2-1)our pcliocf h;ls clup,ed to pclnlit stt►inkai-Ic t)) c)cl ul COnl,l etc Shull he thoroughly vihl utcd in it Ill;lllncr I kIl :Ill ClIC&.c the I cIIII'm cement . i and inserts, fill the }or►ns, and produce a surfilcc or even tcxturc li'cc OI'rcick pockets any) cxcessivc Vnl(I:; Structural concrete, except slope paving steeper than one, (I) inch per foot, such as 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 I?nginecr, The IocatiOn, manner and (Iuliltion of'thc 11)1)licatioll 01' the vibrators Shull he such as to secure 111axinrt11n consolidation ul' the concrete Witllullt Slpal'�lt1011 Ot the 11101 tar Mid l-();llSU i1l',L!I l'(,atC, ;111(1 wilIlmlt callsing watel of, cement paste to Ilush to the surface Internal vil)r,u(w, shall Iml he held against the IOrnls or reinforcing Steel The number of vibrators employed shall he Sufficient to consolidate the concrete within 15 nlinutCS afler it has heen deposited in file filrrns. At least two vibrators in good operating condition shall be available at the site ofthe structure in which more than 25 cubic yards ofconciete is to be placed. TS-5.4.5 Joints: The work shall be so prOSCCUted that COI)Stl'uC(I011 jointS will occur at designated places shown on the planS 1II11CSS otllel-WiSC authorized by the Engineer. The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such joints. Joints shall be kept moist until adjacent Concrete is placed. All constructionjoints having a keyed, stepped, or roughencci surlllce shall be cleaned ' prior to placement of the adjacent concrete as directed by the Englllccr. fwxpansion and contractlonjoillts ill collCI*Cte s(ruc(urcS shall be filmed where shown on the plans. No reinforcement shall be extended through the joints, except where specifically rioted or detailed oil the plans. No direct payment :vill be oracle for furnishing and placing.,asphaltic paint, prc-r)u)ldcd -20- asphaltic: filler, or other types of'joint Sepal,it orS. The cost thercaii,re shall be included in the price hid for the item of work of'which they ale it part TS-5.4,6 ColdW�athcr, lteduirc�iiciits: %Vllencver the tcnlperat I-C of the surrounding air is ' helow X10" F, or when the possibility exists that the temperature will fall below 40" 1 within the, 2.1 hour period after concrete operations, concrete placed in the 161-nls shall have a temperature ol'hetween 80" F and 100" F All concrete shall he maintained at H temperature of'not less than 50" 1. fm at least 72 hours Of Cor as much time as is necessary to insure proper curing, of'the concrete. 'I he housir►g, covering, or other IMOCCtron IISCd Irl Comlcctie)rl 1'•'Itll Clll'111,_' shall rcl min III place and Intact at Icast 2,1 hull:, aticl the artificial hcatin�!' is olisc:ontirnled No dcpu-ndcnce- shall he placed oil :;alt or other C11CMicalS lily file prevention of I'lCU P, ('ontractor will be held responsible tier any danlac,'e to c:oncl(:tc INS it result ul'co,ld wCatl)Cl' 01)crali011s. ' � I ur,l finish Culb tlallsitiorls shall have. broom TS-5.4 7 I•.tnrtill Inlcl tolls `hall have h}�,ht l r II 1 1 finish. Contraction joints shall be cut where Shown. Celt each I V inches deep and finish with joint tool. TS-5.4.8 I-nyerts: Inverts shall be carefully constructed to maintain the proper velocities through the Structure, arl(1 111 Ito CiiSC shall the in1 'Crt SCC110I1S IIIrollgh the StructriIT be greater than that of the outgoing pipe. The shape of'thc invert shall C0111'01-111 exactly to the le)wel halfofthc pipe it cunncCIS IjSC hall'01CIC tC111plutc to check invert shape and size while building. Grade on ille, invert Shall he such that rlc_I water pockets are Cormed Side branches shall be Connected with WS large rtlditIS ofcurve aS practicable. Inverts shall be constructed of'conc;rete Confof-Illin ', to the rec 1 uiiements of Section 'I'S-6 e Concrete filling bet ee te sewer invert an walls of'struc t ure shall be flush with tile top edges ofthe 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, uSC quick setting cement to aid in construction of'smooth inverts. 'I'S-5.4.9 Steps: When shown on the plans, shall be Sc_,lidly s;routCd in place with full nlor•tar encasement. TS-5.5 h1-eC_ilst Concrete Inlets: 1. Precast concrete inlets shall be constructed in all respects it] accordance with tilt: flans and Specifications except as provided in the 161[owing items ofthis subparagraph. 2. All applicable requirements of ASTm C-478 shall apply to the manufacture of precast concrete inlets. -21- i The nwntdacttiter of,precast conr.rcte inlets Shall Suhnlit detailed drawingsand spCcificatio[IS fir the CoIISlruc(MII of the basic )recar.st units and appurtenance~ Ica the [:ngineer and Owner fir prior atllprovatl. n shop drawing; for each Inlet Showing; dimensions, elevations and ollening;s, shall be Submitted to the FJng"incer and OwnCr fir approval Imor to ntanutitcturing; of,the units 1. Whc►c dividini; walls arc ur.Cd o► whrrC I11►IltWIC p►ccasl urtitS ;arc used, tltc 1 total net Icnk;th of openings Shall equal the lem"Ill of inlcl specified on the (lrojccl plans IntC►rnediate wall opelimps Shall he large enough So as not to i ao�C Ilvch;tr►lI hc;Id 100 I A WAI'Mi and number ol'nr;lrtholc ()pe►lins,S,as well as opcnini;s it) waIIS :,11;111 hL WS rCCluirrd Io 1)[MIMIC case NCUCSS to all parts of the inlet, Subject to the 1:11pnec► 'S approval S The walls of the cnlIre Stn►ct Ill c Shall he SCI in place on conerctc blocks prior to pouring,concrete base Slab. 'I'hc brie slap Shall 1.1c rcinfilrced in accordance with the project plans, and the bottom of the base slaU shall be at.least the distance below bottom of precast walls that is shown on the project,plans. The entire base slab'shall be poured monolithic and shall be brought up to a level of at least six (t•) inches above hottont or precast walls 0 Mastic pipe join) conll)ound Shall he HSCkl in horizontal joints and where walls ol'rtll►ItiplC SertionS join, in ordCI' to fi01111 it rcasonahle watertight Structure. 7. \VhCrc top SlabS of•►llulliplc Sections join, the joint shall be scaled with General ' I?lectric single. component Silicone, gray color, strictly in accordance with the nlantlfitcturcl'S rcconunendatiuns. 8 Top slabs cast separittely (roil inlet walls shall be anchored against lateral movement with respect to walls by it steel dowel in each corner extending } from the Wal1S lllrOlrt;Il holeS rn the Slabs. The top slabs shall be Set accurately 1 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 indicated below: ' (I) Shell Thic.kuss: Inside Diameter Shell ' of Manhole ',fliickncss ,l, - 0„ -22- 5' - 0" (7 (2) I'i_ccrist„I:Itit I'ohs. Designed to withstand 11-20 wheel load plus 30% impact, AAS1ITO "Standard Specification fit►' 11ighway 13r'idgcs". ( ) Collical Tops I?cccntric (..me prcicrred ti Shall be solidly cast in �laceor (1I) �.I<inlxtic.Sleps, When shown on plans, . I � 1 set with expandim, grout (S) Shipment to job not allowed until tutits lt"tve celled sufficiently to prevent damage in handling. (( ) npproval, Submit all details to I?lt},inwer and (honer fol' approy'll prior to,manufacturcr. TS-.5,6.2 Setting Precast Ititigs: Rings may beset either on it previously poured, properly cured base slab cur may be blocked in place with solid concrete blocks while the base slab is poured around the first ring. Rirtg.s shall he set with the bells up. 13tltter both bell and spi��,ot ends with pre-mixed sowerjoint mastic compound, as approved by the f?n';ineer, and set the next section in place. Wipejoint smooth on the inside tuui fill all joints inside arc'. out, Watertight joints will be required. Where precast manholes are co list ructed Ill existing or proposed streets, 3 courses of brick shall be placed between the precast cone and the casting. TS-6 C0NCltFI : TS-6.1 General: TS-6,1.1 pescription of'Work ,Included: All concrete required on the project except precast material. TS-6. 1.2 (Jit�iljty_C'c►nlrctl; ' TS-6. 1.2.1 SuMvision: ?, 1'rovirle fall time superintcndcnt on the project who is qualified and experienced in concrete construction. Superintendent shall direct all work in connection with concrete construction, -23- r I Finishers shall bujc7urncynacn concrute finishers experienced ill concrete finish wm k' 4 . 'I'S-6. 1 .2 2 Submittals. Contractor shall submit flank and location (11v transit mix company Rw approval along with ColllplelC data or] j-( datlOn and durability of app-c-fate, mix, additives and ccnlunt TS-O 1 3 ! lodllc:t 11an(11int" TS-6 1 3 1 'Transit ,N ix ( '(,nrrutu shall he han(11Cd and I)rCsc'rvc'd ill its "biltchc:d" proportion (Il.11lll!.', Ililll`,p(,I(iltll,ll (\II?;I11'.? tlllll' sbilll 11(it l'};l'CUtI 11 IIIIIIIItU.i illl(I I:XCCS 1vi1IC'rSIM11 Ilot bc' adduct CMICrCtu inaprupully CillC I kllr or Illlxed Ill HIL trlick lonl"Cl than 45 minutes shill be disposed of', way front the project. I'S-(.i. 1 .3 ?. Llclicaiyu"('onc:it to D,1111agud m dcl'u-clivu c'ollactc .hall bc lcpalled or removed and :j replaced immediately as directed'by die.l.: (fi) Time concrete was loaded (9) Amount oi'watcr added at plant TS-6.12 C enw-nt- All ccnlcnt shall be 'I'ype I I'mdand Cement coollormins, to AS'I'M C-150. All concrete liar rmh and scatter and concrete pavement to include sidewalks and trail Shall contain not less than 0 5 sacks ccnm►lt per cubic, yard. All ••lhcr concrete Ihall cot►tain not Icss than 5 8 sacks cement peer cubic: yard 1'S••6 2 3 Dine Au j-,rc s_,atr line aWalres�,;ate Shall consist o('n;atural sand c:ontiarnaint, to AS'I'M C- ti,uad shall he we II praciccl, �tu;herl, rlc,aaa sand I'►ona the• �Vli';souti RivCI Class I of edual and "Mall conliatnl to the kdlowi►lg sieve araaly5is Sicvc Sii.c !'c:r;ccilt Passing /;; inch IOU No. 4 95-100 No, 20 40-75 No. 50 5-30 No 100 0-10 The sand slattll not have more than a5`/,, retained I)OWCCII ally IWO Co llS(UltlVC sieve. sines l:incncss modulus sh;ail not he le.s than 2.5 nor allure than I .`, The auiloUnt oV deleterious substances in line IggrCA'atC, cash &M-Ilained On tindependent samples complying with tite trading; requirements ol'Divisiora 3, shall not exceed the 1,0110wing limits. 'fable 1. Linlits liar Deleterious Substances in Dine As;ircgatc ('car Concrete: Maxiraluna perCCnt by ltc,�t Wci�ht_c�f'I�c�t�l �amhlc Clay Lumps 0.25 Material Finer than No. 200 Sieve 2.00 Coal & Lignite 0.25 Sticks, Leaves 8-, Other I Cletcrious Material 0.25 Fine aggregate shall be free Oi'injurious amounts of organic impurities. I_xcept as ' herein provided, aggregates subjected to ASTM test No. C40-56T I:or organic impurities and producing a color darker than the standard shall be rejected. rDille aggregate shall be fee Of rllaterial that COUld react harmfully With alkalies in the cement. If such materials are present ill h1juriOUs an1OUnt5, the fine aggregate shall be rejected, or shall be used with cement containing less than 0,6 percent alkali calculated -25- as sodium oxide or with the addition of a lilatelial that has hcen shown to Inhibit trrldue expansion clue to the alkali-aggregate reaction I?xcept as provided above, fine agglet,ate subjected to live cycles of the soundness test (ASTN C88-599), shall show a loss, weiti;lit ed in accordance with the pradIIIp,oI' a sample c•.omplyins; with the limitations set forth above, nut I�Ieatcr than IIP:„ when SMliunl - nlliate is used m. 1 5",„ wllctl nlil'llu-simll is ll;; d TS-6.2 4 Cmirse Avt!le atc. ('nurse al!r,rea_ate shall he crushed limestone !reduced 1'1onl the illla�4'il)' I'millatmil m ctlllal havilll; I'Ilc Contractor shall furnish laboratory design mix f0t. the approved materials Water reducill p and air entrallIlint! avcllts Shall bc; sill) ect to I',Ilpincer•'s approval, ! I'S-t5 3 Constiliclion Requilemonks 'I'S-G.3. 1 I'repm ation VS-O `3 1 1 t ictict al :? t 'k, cell li�rnts and Ccillec I all lied ?!,lack dalnttll,c 3. Wet drawn all subgrades. 11 verify all rleeded.ecluipment fi)r placing concrete is on hand: vibrators, crane or pump, trenlies, 11111lics, finishing equipment. 5. All keyways are to be in place. ! 6. Dly up excavation Wally water.is present. 7. Have cold weather equipment on hand if applicable. 9 Notily I'.l1gi11eC1• at least 24 hours in advance o1'placing concrete. '1'S-G,3.2 PLIL'ill, ('onCretc 'I'S-1 .3.2. I t general: 1 . All concrete shall be placed ill a planner and with adequate equipment which shall be subject to the E'ngineer's approval. l-quipinerlt for placing concrete Shall include flumes, tremics, cranes or concrete pumps for placnlg COIICI'CIC: hand tool and finishing equipment 101' IllanilMlation as needed, 2, Concrete shall be placed in a logical sequence that will permit efficient operation, but shall provide structural continuity and sti-CII,tll required. 1'lacin , sequence shall he subject to general approval by the Nigineer. 3. E.I.lrlles shall not be used at slopes flatter than 45 degrees. Concrete pcllllplllg CcILHIMIC11t shall be. designed f of Ille pill})(.)tic - shall be :;object to approval by the l ngincer. 41. Subgrade shall have been fine graded and Illolslelled prior to placing concrete. ' forms and keyways shrill he carefully cleaned prior to placing concrete. Concrete shall be placed ill locations not to exceed 12 Cut apart. Placing shall bc- a continuous operation using a heavy duty vibrator. ! 5. Ti-curies required for depth greater than G fo . , -27- 6 In case of pc►teling, inclement weather, prepare temporary covers to protect Freshly placed and finisiieci surficeCS tram surl`acc damage. Protect for 12 hours 7 C?mbeddecl screec(s nmy be (Iced Unless otherwise called (or. Screeds shall be accurately set and held in place:by solid steel rods with inec-lumlical clamps fcrr attaclrinI� screed Wood screed supports shall nit be used, Screeds inutit be removed tend voids filled while conctc:te is plastic !i Itcclucc co,rrsc' I.V,YI'Ct,0tC i►t lust lilt "chow cold Construction jc,inl. �) Keep workim- f we crf'conc•rele "alive„ and plastic; 1 C1. Avoid other vibrating,. 11 . Do not transport concrete in term with vibrator. ' 12, Place concrete uniformly at spacing not to exceed 10'feet. 'I'S-6.3.2.2 S1111,111i1): I told slump as Icrw as possib10, to allow proper placement of concrete. IViSXIIIILIIII slump !ir► curl), c'urb and 111d concrete pavement to include sidewalks ind trail sludl be 3 inches. All other concrete shall have a 4 inch maximum slump. "1'S-6,3.2.3 " ' �'old Wc,all>.cirltcd�irr�tt�uits: 1 . Do not place Concrete on ice or ('r'Olcn SUbgradC. 2. Do not place concrete at temperature below 20° F unless covered and heated. / o lr 3. �� IrCn tenrhCraturC is or is forecast below X10 l7, the following are required . I. I Ieilt water - 150° i' maxinurm 2. Heat aggregate to frost free temperature. , 3. Temperature of concrete regrulated to the following schedule: Air hcruiper'aturc Concrete Temperature 30 to 40 70 to 80 20 to 30 80 to 100 -28- r �t ("over, protect., and heat to 7W) F fit- temperatures when heated concrete is required 5 Preserve and Itlalllmill moist C'millS, conditions whelt herlting, r.. Admixtures fi.rl cold wcatllcr nlr )(1SeS arc nut a p llm'cd f I II ('S-0 3.2.4 1.lclt_ti'Vu,t1h_cl . I Concrete exposed) to direct •,vc'lthcr shall not he placed al lempel-lluresahove I(fir F 2. cover, protect and cool work as I'e(llllreli tr? rllitilitaill roncretc hclow 100' F. TS-6,3.3 Ii.tiisl if C.'clL�cr� te: TS-6.3:3.1 General: 1 . All slabs, walks and clocks sha(I he �;lrlpcd unifiornlly t�7 drain to linish'grade, and must drain completely. 2. 1:1111sh shall he ol• spccilivd tex1mv. 'Intl 1,11111,61111 in c( loo and appearance. Approval of Amish is rccluired on first colncrcle placed 3. All voids in slabs and horizontal sill"Ices are to he filled during finishing Opel atiorl. Voids in lornis tiurfilces are to he repaired inunediately at the time 161.111s are removed. d, Avoid over-finishing, late finishing, rc-watcrrng, and ()ther techniques that may cause "crazing". S Provide adequate manpower and equipment for finishing prior to placing concrete. 6. Initiate curing process as soon as surface stresrtgth will permit. TS-6.3.3.2 Formed Surfaces l xpp,-cl_p.View: I, Remove forms as soon as curing and strength development permits. 2. Remove the cones where applicable and fill with sand cement grout. 3. Break offal! "fins"; grind as required for uriifOrnt appearance, -29- �3 Cirind all tOrrn "cell-set" where cuncr�a4 wit{ he visit�lc alter. Construction is complete. 5. Chisel all kmsc material in"honeycomb" areas until only solid concrete exists. bill void with grout. Cure 5 days. TS-61.3 3 Pavement All cmIcIcIc shall be finished monolithically No "topping"or"plastering". Sidewalks, pedestrian/bicycle trail, and curb and gutter shall receive a light broom finish See Section TS 8, fit- finish ofConcrelc street pavement TS-6 3 3 d construction Joints All keyed and other• com;trrrction joints shall be constructed as shown (m the plans. Keyway rccltrirctl unlc:6 otherwise S11MV11 Ts-o.,) t'trr HIP ' 'i'S-6,4. 1 Gelieral. .1 . All ccIncrete is to be c:urcd a ntiuinturn of 5 clays after placing and finishing or j 5 days after repairing, 2. Protect all concrete surfaces fry>m damage during and after curing period.. . 'iS-6.4.2 Fcit-mcd_.Surfacc : ' I Furnts arc 8de(luatc W1011 rn l)lacc 5 days. 2 Cover' top with 0 Ind Polycllrylcnc slicer 3 11' Forms are removed to "stone" fi►rish or repair concrete, cover with polyethylene sheets. Anchor in place. TS-6.4.3 Wa.lb"..C'111-1) a3Sd.Critttur, Pedc man/hicyclt,_'('ritil,.wid_1'�ti��ci�_Pavement: !. Spray liquid membrane (ASTM - "Standard ,Specifications f'or Liquid Membrane - forming Compaunds floc Curing Concrete", Designation C-309, current e(lition). 2. follow manufacturer's directions for sprayed liquid membrane. ' 3. Pf OteCt surf ace from damage. TS-6.5 Defective Work: TS-6.51 General: , -30- ( Detective concrete work shall lie removed and replaced immediately. 2. Work built outside tolerances shrill he considered defective. 3. Concrete oI*inadeglate strcn�;tII or haVln}_, surface COIIofItiuns i I IdiC;Iti I Ig p00 durability/ such as Graz.ilip, SCVVVL' "IMI(7 ciacking , ci-umblil141„ (.)r other' evidence shall be clinsidcred defective. 11 b•;itt!,incer shall he lmtified ininlydi;r CIl ' whcu MR.-h conditions heCUlne apparent. T.S-6.?.2 Itch<iir i)t�, 1. Re pairing; of minor f11t111S such as small "honeycomb" areas and voids may be f patched. Repairs shall he rllacle as described in '1'S-6 3.1i 2 above 2. Cure patched areas 5 days. I'S-6,6 J.pint-s: I . Jolnts shall be QL)nstructe(I as shop%n ( u the pans I llicss slicnvn on the plans, Joints shall not be corlstilic h.11 unless aJ)J)roved h-�' the I?n��,inccr. Whcrc water stop is specified in jorrit, watcr stop shall be sccuresly fi\Cd ill place to pt'everlt voids or 'Toldover" of water stop. Vibrate around water step to insure watertight seal with no voids. 2. All construction Joints shall be niadc lvith canted 2x4 at (cast 2 '/2 inches From wall face, All construction joint contact surfiu:es shall be finished with wood float finish. 3. All horizontal construction joints shall incorporate 2xd in keyway. Finish surface ofJoints with wood float. d. Contraction joints shall be sawed to a depth equal to one-quarter of the thickness of the concrete. Unless otherwise indicated on the plans, contraction Joints shall be spaced at iI r1laxirlll1111 distance of 12 feet each way fcr• concrete pavement. Contraction joints shall be at approximately lU foot intervals. Joints in curb and gutter shall line up with sawed joints in concrete pavement. TS-7 ASPHALTIC CONCRE-11? 'I'S-7.1 General: This work shall consist of'the construction of asphaltic concrete base, and it surlace ruursc as sho%vn oil Ills plan; and specified herein. 'I S-7,2 Stanclard Specification All «cork Of' II11s wdinn shall be in accordance with the relcrenced portions of"Missoilri Stmidilld specification;; 161- I Iighway CO list ructiorl" 1901) Fditiml published by the• ,M)SNI uli `dale 111ghway alit) TIAIlsportatiorl Conll III SSIOn, CXCTl1t ;V, nlodifiCCl IWIC A"phalti,, Concrete I'>am• '1•S-T.i' I S11hf,I;1cic• sh.111 b(• pit'imied ;r; '.I)ccilit-11 in ';L.cllml I ti TS-7,3 2 Nlatc•ti;11 SCUIR tl 30)1 .? TS-1.3.3 N-lixture: The nlix shall cunlornl to the requirenlenis of'section 301.3 Asphalt cement C(Mt sh;lll bC in the r7(Ill.l,e d t)) r) patent Marshall Properties Stability 1200 Min. Flow 8 to 0 TS-7.3.3 I Section 301 :'. ":hall hC ch:I,r'Cd t(I rc;1c1 ;1s fi)Il(M'S Prior to preparinJ, any of'tlie mixture• on thc• pr )ject, Ili( ( 'OI1ii,lr101 sh;111 Obt;lin, in the J)rcticnce of the Fngincel, representnti%T samples ul' as1)Ilaltic• tangent and mineral aggregales 161. tests The 4p samples Ol material Sll,lll be ( f• the sine designated by the f:.rig;incer and shall be submitted to an Ij)l)I.0VU I lahoratuly for testing. The Contractor shall also submit Im the f.n"inc..er's approval, ri job-nlix lirrnlula Il)r C ICII IIIIXt(II-e 10 be SLII)I)Ilcd I0I' the project. No mixture will he accepted fi)t'usC Lrntil tllc job-IniX fornuda 1101-the project is approved by the l ngincer. The.job-n)iX f10rn11.1h shall be within the plaster range specified for the particular type ol'asphaltic concrete, and shall include the type and sources ofall materials, tile gradations of the aggregates, the relative quantity of MCI) ingredient, and shall state a definite percentage fbr each sieve fraction ol'aggregate and Im asphaltic cement. No job-nlis iol.11lltla will be approved which does not permit, within the limits of the Imister rurgw, the full tolerances specified 161.asphalt cement and For material passim; the No 200 sieve, Thejob-mix f`0r•nrLlla approved IM each mixture shall be in cll'Cc•t until modified in writing; by the Engineer. When satisfactory results or other Conditions slake it necessary, or should a source of material be changed, a new joh-mix fi)rnlllla play be required. The I'.ngirlcer play 1 slake Idjustrnen1.S in the job-nliX formula in order that the mixture sleets established criteria ol'the Marshall Illix (ICSIL;II. Tile IMIXil111.1111 tinge ajob-inix will be used will be (wo (2) construction seasons. ' TS-7.3.3,2 Omit Section :301 .3.6, 301,3.7, 30I.M. 1, and 301A. TS-7.3.3.3 Commercial A ccimmercial mix may be used if approved 1)y the Engineer. r r I"o request approvai of a conunercial mix, the Contractor shall suhrtrit to the linginccr the proposed mix proportions, sources of rrraterials, Marshall properties, and a list of projects on which it has been used ' I'S-71 I (onslruction itcdr►ircnlents 4. I we lll)cr, 111tilmincius mixtures .lull not he placed ( i ) when either the air Icrrlperaturc or the willperatl►rc oi'thc surf41cc r.,ri which the rnixturc is to he placed is helow 40° F. (except that base Courses 3 inches m more in Chic};Hess play be placed when the air ten►pe►attue is 3Y, 1: ) (2) can any kvct m self we., or (3) }Vhcn weathc.► c miditio l , pwV('nt Ihc' 1)►upc I h.uldlinl1 M lini.-.hini1, 01'01C nlu:Iure Mixture shall not be placed durinf; irlcicnlent wcathcl. TS-7 3 1,2 Asphalt._.I'lailt' The asphall plant M plants shall niUel IhV F(NIMICII)Vnis ur Sta►ulard Specifications Section 30 1.6, Plant calibration shall be the sole, I esparlsibility 01'(11C Contractor. I'S-7.3.4.3 I'repar�itioil ol'the Mixturc: Preparation of the mixture shall he in accordance with applicable portions ol'standard Specifications Section 404.6.2. 1 through ,10,1,6,3. 'I'ranspw.lalion ofthe n)ixtllre dulll cwI1,01Ill to Starldlll' l SpCcificalions Section i()).h. An adcrlualc nun►bur ul' tHICkS to pr(widC constant supple of n)ix, to the laying; n)achine shall be used. The location (Wthe plant Shall bu close enough to (lie project that excessive cuolillu does newt occll . The provisions ufstandard Specifications :301.9 and ,104.6,3 shall he nict. I TS-7,14.4 Spreading..the _Mixture: Asphaltic n)ixtures shall be sprcac.l in accordance with Standard Specifications Section 301 ,9 and 301 .9. 1 . Allowance shall be made f'cpr the slope of the outside edge so that the finished tap dimensions match thoso shown ou the plans. The curb and gutter shall be used as a grade reference RII. the automatic screed control. "1'S-7.3.4.5 p>>: Rolling shall begin as soon as practicable after the spreading, The Contractor shall submit to the Engineer the rolling system he proposes to use or the compaction of the IAXWrc. Rollers shall be in good condition, capable of operation without backlash. Steel wheel rollel'S shall be eClllll)l)ed with scrapers. All rollers shall have a functioning water systern for moistening each roller or wheel, Base course Shall be compacted to 95% oflaboratory density, Surflace course shall be compacted to cab% of'laboratory density. TS-7.4 Asphaltic C.orwrpl This work shall consist of asphaltic concrete surface course. -33- '1'S-7 l 1 Materials;: Material shall c ollk)fIn to the applicilhic� scci ions ol`Sumdard Specifications for I Iij,Ilway ( oIrit l uc�t iml, sec, 401, 40 1. i I I I d T`�-7�-3 3 1 loo (r'I adc`�("' (iIadc., "D" and Type „("' except as mcldif'icul helot) 'I'S-7.4 2 1 (iracl;lti()n �1 ix Dcmwd i\!ax De.."ircd (hadaticcn I .iniit ( iladaliml I.Iriut (1 iladaticut Pa`;slnL" ( iradc ( ' (ir,ccic• ( ( il adc• 1 ) (flack, 1) I( il lii IIIII 100 ca, No. 4 40--W) `,.'. tcti..c.►O 7(► No 10 30-55 45 No 10 20 .:a No. 200 4-12 h 1 12 TS_7,4.2. 1 Gradation NOTII. The p,radmicros n1 the ai�,l,rc)±ate , will be cletcl nii:wd tuna samples taken firom r the hot hies Pass 3/4-inch sieve 100 Pass 3/4-inch sieve, retained on ;'. -inch sicvc (> 3 Pass '/l-inch sieve, retained :3/9-inch sieve (l 25 Pass 3/1+-inch sieve, retained on No. 4 sieve 20 `1S Pass No. .I sieve, retained on No I0 sieve 7 20 Pass No. 10 sieve, retained on Nu. 40 sieve 7 20 Pass No. 10 sieve, r'etainod oil No 80 sieve -)0 ' Pass No. 80 sieve, retained nn No. 200 sieve a 18 Pass No. 200 sieve 4 10 Asphalt Cement 3.5 7 TS-7.4.2.2 �1�r;t.egat_c fi�r�A;Shliriltic_C:oncrete: Shall collfior'ni to the applicable sections of'the Standard Specifications rot Highway Construction with the additional reciuiremcnt that supplier shall crash 111)(1 stockpile 50°/, ol'the needed approved aggregates prior to placement of any asphaltic base or pavement.. TS-7. 1.3 COI)stI*LICtiQt1 Re(luirc►t)cnts: Construction rcquirertlents shall be specified inTS-7.3. 1 as anlencled herein. TS-7.4.3. I `Vp-a-1 11Cf -1.;.i1nitations: Weather limitations shall be as specified in TS-73,41 except lei that no asphaltic concrete shall be, placed when Ilse te►rtllerature of file air or the surlacr Oil which the: asph;Ilt will he placed is less than .10" 1". 'I'S-7.11.3 2 spi"C'Idi'lig, Spreadinp, ctfthc mixture shall be in accordanc(- with Sections TS-7.3.4.4 excopt that ;atlollin is screed conlrol shall meet hv, us-ed on the surface source tulless direcicd by the: I"lip'lttcel I'S-7 11 :3 1 ('ontrucucial N' ixt(nc A ccirnttv.,cial mixture may be appio,vcd GII this wort; ill accurcl;utr•e with 'I'S-7 3 3 2 A I ack ( 'u,II �t ill lu I(-(It Ill cd c,t•c•r all c xi ;lini!, pavc1licnl to hu over laid and helwccll cacti 1111 oI Iho new a"phallir concic�le pavcrrtertt unless the. I,recedint;lili has been prolected !runt all (lilt and (Iaf is since its placement. Tack Coaf will be placed aflcl cleaning, and picpariny, of the surface is complete.. Application rate will generally be 0. 10 to 0. 15 gallon per squtu-e yard as directed by the FIngineer, 'lack coat Illilterlal shall be RC'-70, SS-1 or SS-I I 1 unless otherwise approved by the l: n};ineer 'flier( will bey rte, (direct paynlrrtl IN tact: cmil, This work will he considered :;tlhsicli;u�, tc, Ilte a:;pltalti� eccncl c•►c p;c�c�Ittc•nI uI base I'S "I.r, 1\luaSllrentenl and I',ayntcnt INIc;IZIUC-ntcnt will he utacle. fog. OC v;rriuus type c,C paventenl as per Ilse iICIUiiecl hie! 161111 Where exislinl, I,averment is beinc; ovCI laid, payment will he fi:r, Base Leveling Course per tun and fi,r tiurface Course per square yard as shown oil plans. �' ere a I tew lavelnenl is to he constructed, payment will be nritdc der sc uara lard � he I I 1 � I Y I 1 S Of'lilll-deptFt has( ;Ind surface. course per typical section. I';tylncnt will include;tli C..osls of'c.leaniIlg existing; pavcnlcnt or•pr(Wiously laid(ills and all costs ol'tack coal. 'I'S-R PORTLAND (,T-All N't'_C 0N_C'ltl?TF1 PAW.MfNI" 'f'S-8. 1 Portland C'egi>ent_Cmicretc: The work shall conform to the rel'errence.d portions of "Missouri Standard Specifications- as modified herein. I'S-8. L I kjlttc�ri;ils: Materials shall colltolm to Section 501.2. ofthe"Standard Specifications" , modified herein. Tinting material as specified in Section 1056 will not be used. 50 L2.2 Mix Design. -:3 5 1)CIete Section 501 2 2 1 and Section 501 2 2 2 501 .2 2 :3 l lsu ('lass A ;;rrld ()I i IN, �Iix ,,11;111 c�onlai ) I W I lass 1111111 0 5 sacks 0fccnlc.nl per cubic yard. '101 .2.4 ( 'unsislenc , I h iclC si11111 , Iah1C ;Intl raral�,ra X11 5111 7. 4 1 1 I I I told slump as 1m ;c; pw;:,ihle Ic) ;Illmv 1� ycl p1m,cillcnl ofconcletc INIaxinur►n s►r►nll) for pavc1m.nt, sidi.-willk�c, prdc�st►r,ul!hi(vc�IC bail, c111b, o► cull) NMI �1,111tcr ;:hall lac 1" All CMICILIC rJ)Jll hC ill cntr;un('(I in ;1(.( with ticction `;(11 7 inclnclinl, paraglapIIs 5111.7 1 throup'li `col 7.3. Ail c,olltenl shall be bCt\VCC►1 'V o and All r,un(ICtC fill (1111) ;111(1 1 IM-1, sidcwitlk-c pedcstlianlhirycle trail, and CMICICIC pavement shall contain nut ICSS than 0,5 sacks ;.;meat per CLIbiu yard. Actual mix design shall be prepared and submitted by the Cuntl act(ir to the Engineer for his approval Submittal shall include "oulc c mid ))IlyCltie� c,I' all aj�,tuUvale, soulce of cement, prc.11c,►lio►cs 11sC(I. Illnll�, All cmilcnt and ►csrllts of hfCakS of 5 tcsl cvlinclCrs Cylinders shall he broken as lilllows at 7 days 3 at 29 (fay(; Prior to starting project, contactor shall obtai►1 in the presence of the HIngineer, representative samples of,c,enlent, fine and course ag; ,,regales 161.test, The samples of material shall be of the size desij;11,11 d by the I-nj;iIlCLT and s11a11 be submitted to an approval laboratory for testing. 'file ('contractor shall submit fir the I'ligineer's approval each Job-Mix li,rnrrda The mmximmin time it Joh-Mix will be used will be 2 construction seasons. minillmil col 1 tressive S11-C1111111, ha sed rn AS'I'N9 designation ;-:39 C-`1 - 9 1 � l �r c C , . I,�uul C l 2, 2800 psi at 7 clays and 4000 psi at 28 days Is(baratory cured, 1:3% less flor job cured Cylinders. Concrete may be either central mixed and delivered in approved trucks or may be truck mixed. Total elapsed time from time cif'combination of water and content until all of that , batch is placed shall not exceed 011r hour. -;i G- I'll c use oI,calciunl c lIIoride will noI be Ill,I rttitt(:d ()tile[' iulrltiXturcS may bC r1Sed 011Iy ifapproved by tile. I..nttincer TS-8.? .1.1of land., ('Ci i'vilt Concfele. I'avcntcnl This work Shall confmill to "Standard Spccilications" SCCti()n 3(),1 and 502 and Stibstitltte the firllowiliv TS-8 2 1 Mater,iills. I)cict(., the last "C "Icncc ((f'SCGliun `�02 ') ilnd SlIbs111111 C the firllor virlg Contractor will confirrnl to III(, Ie(luircnnVnts of lire I)ICCL- tins", Scc.•ti(ul of IhCSC ® SIR-CifKilliWIS I)cicic Ser.11orl , ;u 1 ; I and +r► 1 .1 Delete Sections 5012.3, I and ")02 ,; 2 Delete Sections 502.:3.5, 502 3 0, and 502,3 7 Delete Section 5112 i (a AuXilial•y I gc(ipnlent Shull be availabIC at all times as Iollows: 1) Two or more ot,an approved type I;lades shall be replaced what edgc s beemile wavy (11 warped. 2) hnnl(-clialcIv hdlmvll tb(• machine fl((iltin:. and %V1111V the concrctc is still plastic, Ilse contraclor ,II;III lest the pitvelltcnl Sur IiICC fii►' trueness by I11Calls o!' a 10-1o01. in Contact with the ColICIclC SLOT cc pivallCl to the lrlvcntCrtt centerline, and drawing the straightedge lightly across the surfilce. Advance atom; the pavCIIICnt S11a11 be in Successive 5tagcS of the more than one-half the length cif the Straightedge.. All variations shall he eliminated by filling, depressions with freshly mixed concrete oi- Striking oft'projections, and tilt:areas 50 corree.Ied Shall be consolidated and refinished by means ofa long- handled float. 3 SufliCicnl Lnula 1, watcrprool`paper, or plastic film for tile. protection ofthe I pitvement ill case ofrain or breakdown ofcurinP e(luipincnt. �l) Joint Scal shrill colllorm to Section 1057 elf' (lie Ic)OO Missouri Standard Specilicati(_rns for I lighway Construction. I land placement and fmishin), as specified ill Scclion 502- 10 O will be permitted, I'5-8,2.2. C.OQMRIClln11 I C(Itiircmcn(,s: Delivery tickets shall be provided the inspector ill accordance with .Section 7'S-6,2.1 of this specification, -37- Secljc)n 5102 0 - Collditionigl of Subgrade. References to other se=ctions shall be rGfCrellt'CS to Illose Section.`; a5 amended hY thew Sllt 6f calllllls. Delete Section SW 7 and paravii1pil ` 112 1) ) a h's `A)" ,) 1 ;11111 `i(I^, i) _) I)cicte �cctic)n ., .. and 1 al a±.l I I lane! l'inishinI� will Ile 1)crr►litted on the pligcct ,M2 10 Slip I'mill t'onqrucliun .I his lypc „f construction will he allowed on this llrt,jct t 'I'lIt. ,v'!Jonp, OI `;, t.ti�,n `i1t.' I r n)d 11lc ..0: , ccdnit, para�,rt►1)hs a: ul,cndcxl herein shall apply Rcli•ICltccs t:, utltcl scc'tiuns of the MisSouli 1111Ilway j Specifications shall relcr to those sections as modified by these specifications, 502. 1 G. 1 Sub�grade anti Base Delete all references to mygregate base for sidewalk construction. SidewsllkS :;ball I,c !)!acct! on earth suhgradc and tilt. paver and check template shall also operate on tilt subk;rack. Pe=destrian/bicycle trails shall be constructed with an aggregate base, Delete Section 5112. 17 and paragral)hs 502 17 1 through S0 2, l7.5. UOICS will not hu dlillcd (,n this I)rt)jcct unlc",s Iccluirccl I,y the F.11.011ccr I'his will (MIv he done i1"(ltull)t w, 11) tilt actual Ihichnesti cxu&, Normally edge thicknesS will 1)c tlsed as a rotigh check on constructed thickness. Pavement thickness will he considered to he design thickness. TS-8.2.3 Measurement_ai.id_.Payr_iicnt. shall be ill accorclarlc:e with Sections 502. 1 b and 502.19 of the Standard Specilicatlolls as amended by the following: Ifcores are taken and the thickness l01.nul to be deficient the provisions of 502. 19. 1 through 502. 19.3 shall apply with the exception of"I•ype "A" curb and butter (sec typical section for cnd details and thickness) which shall be measure=d on the basis ol'linear feet constructed. Payment shall not he continuous through residential drive approaches and shall include the hooking up elf cxis(ilig house drains that now extend to the street. Measurement ot'al; Sod shall be elf the hest duality and whell placed, "hall be live fresh 1{r owing grass wit)! sufliciellt soil adhering to Ill(" roots Sod shall be ploculed i'rlllll aleas where tile soil is fertile and Gonlaills it Im!'ll percclltave (d loamy topsoll and liom ilreas that art, predominately hlueglass and that have. been glar.cd of plowed sufficiently to (161-111 a dense turf Sotllce of soil shall be app overt by the 1:11ginecr belore cutting and harvestint., The Y)II shall he timisplantcd within 24 hoot lion) III(, hmc it is Iruvcstcd tidies~ it is Slacked at lis desOnatlon III it to tilt_' 1•.n!!,lrlec'r All sod Ill Stacks shall he kcpt Alois[ anti plolcctud fionl to till• sun and I'mill h-cczillp 11) no C%T-111 ,h,►►I n►olL' OW11 one• v.vck c la1>!.r lu 1 ..rcl; thr tiul�' of� uttin!�,iulcl lllilntin !.nl'thl' sod Beflore placing or• depositing soil on areas to be sodded, all shaping and dressing of the arras sha11 hfiVC IWVII c.ontf,lc'Iec) to tilt salisl"'Irlion ol'Ihe I-Algineet. Top soil as specified in Shaping an dressing, commercial fertilizer, grade 12­24-24, shall be applied uniformly at a rate ol'lio t less than 350 pounds per acre and harrowed lightly. Sodding shall follow immediately. Aller planting, the sod shall be watered and rnowl.d as r'equircd until conlpletiorl and ac•ceptanc e elf the entire: work. No sodding; Shall he done during the permit) front Jun(' 1 to tirlltlanhcr I, unless the planting; srasorl is CXtcndrd hl ' tlr. rntf,ince•r YS-9,3 Seeding: After shaping„ placing; il" of'1017tioil, and dressin�;of areas to he seeded have been approved by the I?ngIfICcr, a co(nnlrrc:ial li rtilizcr, glade 12-24-24, shall be applied at a rate ofnot less than 350 pcltinds per acre The ilea shall be prepared to receive the seed mixture by using A disc Spiker or other suitable implement. Seed shall them be spread At the specifies) ritte by drill, by Mind seeder, by hrillion seeder, or by other Approved seeders. Seeding; shall nrlt be IIMIC c1tlrulg; windy weather, or when the s;round is frozen, rlulddy, or otherwise in a non-tillable condition. An established grass cover shall he provided on all areas requiring seeding. irrigation, mulching, mowing, and any other operation necessary to provide an acceptable grass cover shall be provided by the contractor at nil additional cost to (Ile Owner. Seed shall he applied at the rate of'300 pounds per acre. The seed shall be composed of a mixture of 60% "Derby" Rye grass, 20% creeping fescue, and 20% Bluegrass. Bluegrass may be either Ram I, 'Touchdown, or Glade. ' Seeded areas shall be mulched with straw at a rate, of 1 .5 tons per acre. The contractor may at his option and at no additional cost. to the Owner, provide sod ' as specified lierein ill lieu of seeding in any or all areas required to be seeded. Protection and Repair: The seeded area shall be free of lraflic. Ifat Any time before 39- acceptance becomes , allied or otherwise damaged, or the seeding has been damappi or dcs(royed, (Ile a1TUCAL- 1 portion shall be repaired to reestablish the spCCif'ied condition prior to the acceptance o('the, work. I'S-9 4 Suhniittills ,!'S-94, l The contractor shall liunisll ccrtilications in triplicate fr( m) (Ile supplier or nulnul;lcturCr ol'SMIS, suds, I'Cf liliucrs and all other materials furnished in accordance with IbC reclttirenlcnls uf'lltis Section The certifications shall state Ihat each milteri"ll supplied is ill accordvlcT with thew Speeil iltions and with specifically narlleci state 1,VWS and rCt;tll;itions 'I hC :;hall INIVC atlachcd inspection or (CS1 rcp(.)rts r of�;overnin}; stale 111,'(116 CS ;tpplical)IC to (hey lot or lots of nlatcr•ia) supplied. t TS-9.5 Metl>gd_of Mc;lstirenlcnt: S-9.5. I Definition of Grading L.inii(, The tent "grading limit" as used in this•Article, shall 'mean any of'the following: (I) The location of it line determined by the interspectioll.ol'01C cut or fill slopes she wn on the flans with the existing sur(11ce, plus allowance for rounding at such intersCCtirul lls shOwn on the flans. Mlrtng the course of'the work the 11,11gineer Illy direct Illm the ioadliw, limit be elsewhere than as determined by the foregoing, and, in such case, the grading limit will be at the location as directed by the f llgineer. (2) Foi structures placed in excavations and for pipes in trenches, five S feet I pipes ( ) outside a vCrtical plane through the 0t.lter•ll10st surfaces of the neat lines of strcb structures or of the pipes. TS-9.5.2 Seeding: MCasurcrricrlt will no( be nuldC of the area seeded. fS-9.5.3 Sodding: MCSSUremen1 will he made of'the areas sodded (slope measurement to the I ) nearest squarC yard, MCilsllremCnt will not be made beyond a line 2 feet outside the grading limit. TS-9.6 Basis of I'aynicrl: 'I' 6 S-9. . l Seeding_Soddin& The anunlnt of completed and accepted work, rneasured as provided shall be paid for at the contract unit price bid, and at the contract unit price bid per square yard for sodding. ' "fS-11 CRUSI_iED STONE DRIVEWAYS: TS-11.1 Crushed stone driveways shall be constructed in accordance with the details on the i'lans and with the re(Jnirements of'Missouri 1 lighway Specifications Section 304 Col. il4!t�l'CgittC bil,`ie Cl)llr'til' t:xCel)t tllilt the l)I'i)VISIOr15 il')1. 111C'asllrell)cllt and payment therein shall nut apply and except as modified in this section. TS-1 1 .2 At!,gresrlte 'Type 'C;1)r 1 �. i'5-11 .3 Tlw I.C(plircd Illicklic's!, may hc cmilpared in one iayer Kectuir_d density of conit)actiun shall be not lcss than ninety (90) percent Whc're practicahk% utilii.c' lempiw"lry surf lcin1, n)aterial as suhhasc to inll)ruvc;stahllity ul'l'lu.'dWd SIM11' dlivc"s ;lnd lkt 1(�(IIJCO 111101111t (&added ►lMk'.liill lc-cluirc'd ? TS-1 1.5 Crushed stone drives shall he carefully graded to drain. TS-I 1 .6 Nleasurclt)cnt ofcrtlshed stony drives shall be to tic nearest I square yard TS-11.7 Payment shall be at the unit price bid including all labor, equipment and materials to constnict the driveway complete including subgrade preparation. TS-12 itiC' It AP I'S-12 1 (:1c11cral. Kill ►al) shall lie lirr dished where pl ovided on the I'lans or :vhere other wise directed. Kit) rat) shall he durable Jinlestone meeling the requirements of Missouri Highway Specificatit)ns Sections 011 .31, 611,32 and 611 .33 for 'Type 2 hock I3lankei. The mini11min layer thickness shall be one and one-half(I '/z) fleet The surface of rip rap shall he 1111sh with the surroundull;finished earth;grade and grouted. rTS-12.2 Inspection: The Contractor shall notify the Engineer of the source of ril) rap prior to its delivery in time to pern)it its inspection, TS-12.3 Measurement_and Payinci>_t: Itip Rap will be nicaSUred complete and in place to the nearest square yard ol'surl'ace area (slope Measurement). Payment at the unit price ' bid will be fi.11l compensation flor all costs ofexcavation and furnishing and placing rip rap as shown on the plans and specified herein. TS-13 ROCK EXCAVA'T'ION: TS-13. 1 General: Shaul(I 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 each stratum, the entire volume between the top ledge and bottom of the bottom ledge will be classified as rock. (See Article TS-2 for rdetail specifications.) 7'5-13.2 Use of Explosives: When explosives are used in the prosecutiol) Of work, the ColltraCtol' shall use the uln►ost care to prevent injury to person:; 111d property. All explosives shall he stored and used in a salt, nriuuler and in con►plirulce with all existlll,g statutes and OldIIli111CCS illld illl 1)1;1CCS ASCII fol such stC)lar,e `hall be Illrlrked clearly"1)AN61'IM IIS I:\I'I,OSIVI?S". The C o)I Itlactorshall %valnall persons illtile vicinity of,IIle (fan,;cr area wIwII explosives are bel III, used The Con ors hall save 1 the 01y and its af!cnts, olliecrs, '111(1 Cn)1)10yecs h;ulllless born any claim glowing out of lilt Use W' surh ( >.I)Iosives RcIlloval of, "Illy item or Im.'erial of any nature by blastirlt" shall llc d(me Ill SUCII III,'InIIC'l 111d ill SlIdl little as, to avoid dallial',C (Ifleclllll! tile Illtef1.111�' Ol OW dl'SO',ll ;Illd to avOId dalllal!C to 8111 1 IICW ON exlSlllll; MIlrclllre included in or 'Idla(-CIIl to 1.h(' wort: Ilniess IIIC plans, -,I)CCi;ll I)IOVisions, or Ih(' 1:11 i',inco.-I w"11 K.1" ,u( 11 Op('I;IriOn, it !,11;1!1 111' Ihr ( '( ntrach)r'�, Ie:,I)onsihillly IO (Icternline a IM-1110(1 ((I u1)elalioo to insole 1110 desilCd results and IhC in►eltrity (&Ill • COMI)Ictcd Work. Blasting will not be I)crnlittcd until it (.orltraC:tOr has Obtained prior insurance and has obtained it permit From the City Dire Department f 'l.S-13.3 Measurement Rock excavation shall be bid on unit price per cubic yard and final payment shall-be based on field rlle;lsurcnlent hock is defilled as beillp, sandstone, limestone, chert, granite, sillstone, duartrite, slate, shale, o(;c,urrir►�4 in its natural undisttIIhCd stale, hard and unWUllher Cd OI SIMiial Inalel iaf ill nulsses more than I I."., cubic yard in volume, in ledges six (()) "Aches m mot e in t hic hws� 'I'S-14 SANITARY SI:\Vl;R AI)J1 JST,\-11'.N 1 S, '1'S-14. 1 - Ad•ustinl' and P,611ildinl', kh111olcs 'I'S-14. 1. 1 Cicncrlal: 1 (I) Each existing store► or sallitary sewer nuu11101C encc)untcNCd within the grilling linlits, whether or not shown on the flans, and which is to be fell in service shall be raised or lowered to the new grade and slope. (2) All construction work in connection therewith shall be in accordance with the applicable details on the manhole sheet of the. drawings. Manhole steps shrill be properly reset and spaced. All new construction with brick shall be given a 1 thrCC-fourths (Yi) inch nlc)rtar roat on the outside. All new consh'ucti011 with brick or precast concrete shall be given one heavy coat of'coal tat. paint. (3) In areas to he paved or surfi►ced the work shall be accomplished and protected in such a manner as to 1101. create a traffic hazard and to provide for proper construction and Compaction ol'the sub-grade and pavement. adjacent to the manhole. _c12_ (11) Precautions shall be taken to drop no debris into the hottonts of manholes Any debris so dropped shall he i lilt nediatcly rellmVe f to prr.vcnt beint,washed (Iowa Ihc. sewct line (5) The C'orttractm shall vcriiv fi,r lilt]►selftlie types of,comtruction ofthe exist ing tnanhulcs '1•S-14. 1 .2 I.owcrinf! R1at►holcr, (" I ) Whcrcvt•r pnssihle, the 111MIIII,lc shall he IMVCred wilhor►l wsettilig or r�l ►►ildin�, the Itl,i , %.ill h( classilicd .►; "Acljua Nl u►holc lu (iracic"), uliliiu►►�, one m huth (11,111c 1611t)%vinf; methods 1 . Remove exislinq straight neck brick or precast concrete rind; sections and lower existin Y east iron rind; and cover 2. Remove existing cast iron rin r and furnish and set shallow type cast ti, b Yl iron rink, Type 3, as shown on the Plans, (machined), or equivalent, designed to re.ceivc existing cc,vet'. (?) When the rquired k1werin is }"realer Il►an Can he accomplished as specified in the above SIlbpatai",raph. the work 1Vi11 he Glassificd as"Rchuild ,N1,011101C to which shall he acrun►plisbed by one ol'the ii,llo•,vinf; nlefllocls: I. Precast cunrtetc shall be rerrroved and reset, removing one or more precast concrete rings below the colic, fi►r'nishing any necessary shallow depth straight concrete rings below the cone or concrete or cast iron adjusting rinks above tile. colic. The existing cast iron ring and cover shall be reset, or, if ncccssrtry, a shallow type, rind; shall be furnished as specified 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 rebuill with brick, using eccentric or concentric cane as r'cquired to meet clearance conditions. An eccentric cc.,nc is preferred. Taper on walls shall not be more than ' twelve (12) horizontal to forty (40) vertical. `l'he existing cast iron ring and cover shall be reset, or, if necessary, a shallow type ring shall be lirrnished as specified in Item 2 ofsuliparagniph S-14, 1.2 (a) ofthe City's starlda'd specifications, TS-14.1.3 Raising.Manholes: 1� Wherever possible, the manhole shall be raised without resetting or rebuilding the colic:. This will be classified as"adjust Manhole to Grade". This shall be accomplished by 'dding adjusting rims ol•Cast iron, precrst concrete or brick; or an apploprialc corllbination thereof', and resetting the exist ingcast iron ring ;Ind rover The nulxi11111 ;111Mv Ible height ol'straightneck section, mc<Isured I() top u1' casl it m) Zing, shall he twenty-one (2 1) inches unless othermse directed by the VI11!,111eer (2) WIR'll the rclluirccl r;Iisi IP k t,►Calcr than dart he ;ICColIlpllSllCd as specilicd ill the almvc suhiruat"►aph, (lic work will he classilied as "Rehulld Manhole to Grade will ) shrill he acc(.m►plished by unc ol'th(,. 1'611owing rl►cthods I I'rrr;tsl CM)CIL-IL' rMIC Shall he rcrrlovccl alld rc.scl, adding nne m-rrutre I)ILTISI cunrlcic rings below the colic, lurnishing ;Illy ncccssar concrete or cats iron adjusting rings above thc,cone. The existing ctrst " iron rung and cover shall be reset. 2. Brick cones shall be tarn down and rebuilt with brick, using eccentric or concentric cone as required to sleet clearance conditions. An eccentric cone is preferred. Taper on walls shall not be more than twelve (12) horizontal to florty (40) vertical. The existing cast iron ring and cover shall be reset. TS- ICI. I d The C'ontraclm shall Iilrnish all materials reytlirccl 161- adjus6111:11 ;1111 Iehuilding 111,11 holcs SuitahlC materials salvaged li'om existing m(inlioles may he reused as needed. lfdireclecl to replacr. any cast iro►I item 11n►nd to be unsuitable tlu-ough no fault o1•the Conlractor, payment lirr the nmtcrials only will be made in accordance with the provisions ol'Regulations ol•the Contract Article FC-21. TS-20 FENCING TS-20.1. Removal and_Re-settiriS Fence,: Wherever existing fenCCS lie within the construction ' limits ar wherever shown on the plans, the Contractor shall remove and store the fencing during the construction of that portion of'tile project that is in conflict with the fence. The Contractor shall take care not to d,tnlage the fencing materials during this operation and shall be fully responsible flor any damage to the fencing materialscaused ' by his operalkms. Any damaged materials shall be replaced by the Contractor and at his sale expense ' with new material equal to that Irons which (lie fe►1cc was Co►lstrl►cted. 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. -44- r Prior to removing any fence the Contractor shall contact the property owners so that they may take necessary steps to confine any animals or children not nlally kept within tilt fence. It rtlay he necessary llor the C oiltr,.►clor to erect temporary fencing, during tile period hetwc('n the actual c•orlstruction and the re-setting;ol'the permanent lence. Wherever this is necessary sf, flat II)c prolacrly owner can retain normal use of his yard, the Contractor shall plovide and erect such temporary lencing, al no cost to the Owner. Removal and rc-setting, ol,(i.noc will he paid file at Ihe. unit price hid per linear filot. '1'S-20.21 TCHl >clrar FL Heiner WllL-rcvcr ►crnlanent le[K-Mg, that is used to cuntinll 5111;111 Children 1 Y . I ar animals must he rerl►ovcd to ICCOnullodate COMM l action, the Contractor shall erect temporary fenCing suitable to perTornl the function of'the purnarlent fence until the permanent fence can he 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, nmtcrials lrom the exisling, Fence may be used For the temporary ler1C1111, I lowrWer, 11W ('r,ntlacaor \Vill he billy responsible lol restoring the permanent fence in condition al IeaSt eolual to that prior to construction. Temporary fencinI; will he subsidiary to the other items oFCOnstl"uction. TS-21 CERTIFICATE'S OF COMPLIANCE: TS-21. 1 General: I. TI1C Conti"actor Sllall submit, in triplicate, certificates of compliance from nlanuiacturers, producers fabricators and suppliers of items to be incorporated in the work attesting; that all items and materials supplied in connection with the wort: C011FQ1'111 tit the rCduircments ol'the Specifications, as provided in the various sections 01'111CSC Specifications. 2. Whenever the items so certified deviate Gom the requirement9 of the Specifications, Plans and other Contract UoclllllCr1tS, then the Contractorshall 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 ofsuCh certifications will not constitute ' approval of tile deviations. 3. Said certificates may be accepted by the Owner and Engineer as adequate -15- evidence of compliance with the Contract Documents. 1.1owevcr, at its option, the Owner ntay test any or all ofsaid items for contPliance. If found to be in compliance with the C'antr•tict DOCltltleltl5, the cost oftesting will be WHIC by the Chvne:r. II'found to be not ill compliance, tilt; Contractor shall pay for such testing. TS-21.2 Requirements For ('.erti.licItiolis, `�lic�p l)r�rwi►�c�s <<nd_'('c ting I. specific rccluiruntcnts filr certifications, shop drawings and tc;;tinf;arcgivcn in the 161lowing subp,lragraphs. 2 IN1,1n11I;lCturc-cl IWIIIS, 'IS 1011MVS, will rec uirc certificates ofco I ill I)Ir,utce, «nth Shop drawings, catalog data or i list allation instructions where so indicated, I. Reinfor(xd concrete pipe, fittings and specials. (Sliop drawings l'eclllired for all fittings and specials, including branch connectio►ts,and t riser rttanholes.) i 2. Joint materials far reinforced concrete pipe. 3. Corrugated metal pipe and underdrain pipe, fittings and specials(Shot) drawinc;S required 101' sank items aS in item 1 above). 41 Ductile iron, cast iron, vitrified clay and copper pipe and fittings. 5. Brick tend mortar. G. Precast concrete manholes and inlets. 7. Reinfcircing steel and welded wire fabric. s. Metal work (Snap drawings re(luirrd for fabricated items). 9. Iron castings. 10. Seed, 11. Sod "consid •cd n' r ,. ( er firs r a tutacturcd maternal for compliance purposes). Engineer shall be given the opportunity to inspect and field prior to delivery to project. 12. Fertilizer. 13. Retaining Walls -46- 14. Fibercloth. 3. Rock and sand products will require certificates of coMpliarlcc, as 1011Ows; 4, Bac:kfill. It is recognized that, due to mixilly of types of materials (cnllld in f-ity construction, it nlay sometimes be difficult to correlate actual perlormance with test results. The C;ngincer may make notations of-waiver on certain field moisture-density test reports when, ul his judgment, the Slrccitication requirements have been met on the basis of visual inspection and the test reports do not truly indicalc: the field condition Ilowever, the Contractor will be flully resliorlsible for settlement of backfill as provided in Special Conditions Article SC-3. 5: Concrete: 1.- The actual mix proportions shall be determined by the Contractor, based on satisfactory experience whir the proposed materials dnd 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 l ng;ineer in triplicate for concurrence before begnuung COnCI"etC wOf 1C. 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 by 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 5, "Concrete Mix Design Tables", 6. Asphaltic Concrete Mix: The provisions of Item 1 of Subparagraph S-21.4 (e) shall apply to asphaltic concrete mix, except delete the reference to"MCIB". TS-21.3 Payment: No payment can be made to the Contractor unless the City is in receipt of Certificates of Compliance for all materials installed to date. TS-22 SCHEDULES OF WORK -47- TS-22. 1 Ciener"ll: Scheduling shall provide f(.)r the least practical inconvenience to the traveling public 111(1 to residcnts alum; the project. TS-22.2 SUbrnission and Concurrence 13efure work is started, the ('ontractor Shall prepare a detailed schedule of all construction operations that shall not only indicate the sc(juencc uf'thc work but also the time of starting; and completion •)f(:ach 1),Il.t 'I'hc schedule shall he submitted to the I:n(11ineer IOr his Concurrcncc. 'I'S-22.3 Winter Shut 1)OWn. Ifthe project is shut down over a winter, the area shall he left in a safe, passable. and accessible cun(lition fur the winter The Cmitrac.tor shall maintain traffic and access over the winter shutdown as pr()Vided in I)arar;ral)h S-23.2, The Contractor shall maintain the project over the winter shutdown period in such mariner that there will be no undue hardship or inconveniences tci the'neighborhood residents or traveling puhlic. Manholes and valve bONCS projcctinL; above the bike 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 COndIICt Ills work so as to interfere as little as possible With puhlic tral"CI, whether velliCUlar or pCdestrian. 11)enever it is necessary to cross, obstruct, or- Close roads, driveways and walks, whether 1)ublic or private, the Contractor shall, at his own expense, provide and maintain SUitable and safe bridges, detour:;, or other temporary expedients for the accommodation ofpublic 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 front 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 Wall drives whenever possible, and particularly when work is not in progress. I-Ie shall provide for emergency vehicle access to any point at all times. The Contractor- shall present a work schedule and it plan for handling traffic for review before commencing any work. TS-23.2 When Work Not In Prowess: The work shall be cleaned up at the end of each working day, and terrlporary 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 in progress and when the stage of the work does not directly interfere with the drive. -48- The Engineer, at his discretion, may grant short-term exceptions to this requirement in connection with preparing sub-grade and paving. TS-23.3 Contact Person: The Contractor shall designate a person (with phone number) who can be called by the City during the night, weekends, holidays, and other clays when work is not in progress. The Contractor will be responsible, through this person, fbr making such tcrnlr7rary repairs during said periods as may be needed to meet the requirements of paragraph S-23.2 of the City's Standard Specifications. TS-23A The provisions ufN,1tIT('i), fart Vl, apply to this Contract. 'FS-24 TF..MI'O A10' St i 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 shall 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 dif Brent gradation because of'site conditions. Asphaltic concrete for temporary surfacing shall be Type i base as specified in Article 23. Payment f i- 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. The determination as to whether excessive dust is becoming airborne shall be by the Engineer. 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 MONUMENTATION: It shall b the responsibility of the Contractor to protect all property lot corners and land Y 1 Y 1 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 remains 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. -49- TS-27 Cf,[:ANUP: TS-27. 1 The Contractor shall not allow the site of'the work to become littered with trash and waste material, but shall maintain the site in a neat and orderly condition (luring the progress of the work. The Contractor shall, as directed by the l;ngineer, remove from all public and private property, at his own cxpcnsc, all temporary structures, rubbish and wristc materials resulting fi'onl his operation TS-27.2 The Contractor shall open and clean all existiriy, ditches and culverts within the right- of'-way and casements, leaving; them tree from all excess mud or silt, drift, brush, or debris of any kind prii)r to final acceptance. The ('ontractor 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. TS-28 TRAFFIC SIGNS_STOI SIGNS�1N[� STItI-E ' SIGNS: All existing, signs, stop signs and street signs in the wa y o f the work,shall be carefully removed by the Contractor in'accordance with the requirements ofmurCD. The required function of stop signs shall be preserved by the contractor-whenever a i street is open to traffic. All signs shall be rc-installed following; the construction. No separate payment will be made 11)r 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-storiii sewer facility. The location of sonic downspout drains may be shown on the plans, but other drains may exist that are not shown. The contractors shall be responsible to connect all downspout drains regardless of whether they are shown on the plans, TS-29;2 Construction Methods: The contractor shall exercise care in removing existing facilities so as to minimize damage to existing drains. Generally, new material of the 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 downs)out drains throe h , 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. , -50_ TS-30 SU13S11)1 A1tY ITE'I MS: There are small items of work specified herein or that are incidental to the other construction f or which no bid items ar c y,iven. 'These items and any item for which no bid item is given shall be considered subsidiary and their cost shall be included in the bid price ofother related items ol'work '1'S-31 CONC'RI"IT' 6RAVITY BLOCK ltl;` AININO W;\I,I,: TS-31. l I)escription "Phis work shall cunsi ;t ofthc construction of interccuu►cetcd rcclanf;ular concrete blocks as specified in the contract or as directed by the engineer. 'I'S-31.2 Materials. The conrete blocks shall be pre-cast twits, with a minimum 4,000 psi concrete strength at 28 days. The prc-cart unit shall have a u►inimmi► dimension as shown on the plans. The pre-cast unit shall have interlocking wings and it separate • front and rear trough. TS-31:3 Construction Requirements. TS-31.4 The existing Soil Shall be excavated t tl►c depth shown on the plans, ,SaR and yielding, material shall be removed and backfilled with suitable ntatr..rial and thoroughly compacted. No mcasurerttent or payn►cnt will be made Im unsuitable material thus removed or 101' 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 13 concrete footing designed by the manufacturer 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. TS-31.5 The concrete gravity block retaining wall shall be backfilled with I inch clean cruslied rock. The crushed rock shall be placed one foot behind the retaining wall and in each trough of the prc-cast unit. Tlic backfill shall be compacted in place utilizing a ' vibratory compactor. The pre-cast units shall not exceed two courses high foi-backGll placement and compaction. TS-31.7 Method of payment. The contract quantity ofgravity block retaining wall shown on the plans shall be the basis of payment. ']'lie contract quantity shall include the backfill material and concrete toe wall. final measurement will not be made except for tauthorized changes during construction, or where appreciable errors are found in the contract quantity. Tile revision or corrections will be computed and added to or deducted from the contract quantity. -51- Mc�,['.:�)C)'T' Central District Mlssour! 1511 Missouri Boulevard P.O. Box 718 Department ow�-*'z `r Jefferson City, MO 86102 ''►+ � (573) 751.3322 x'11 fnx (573) 522-1069 of Transportation Poll free 1.888 ASK MoDOT Roger Schv, arta.Fi, '. : .oc.t Fnginoear www.modol.state.mo. us April 22, 2002 Patrick E. Sullivan, P.E. Director of Community Development 320 East McCarty St. 1 Jefferson City, NIO 65101 Dear Mr. Sullivan: ' This letter is in reference to Project No. S9P-31t' 1191., Phns- 1 & IF in the City of Jefferson. We concur in the award of this contract to ConctFi,.: Engineerinc;, L.LC for both Phase I & Phase II. The low bid:., were S 120,369.10 and 1 r ',4:" " ..j.r -:;06 E,l� Silver Eagle has been approved as the intended si to fulfill the DBE goal of 4.0% for Phase 1 and 7.40% for Phase 11, The actual T)FIF !stages are 7A % and 6.60% respectively. The City of Jefferson must follow the Local Pub. �,tmey Manual (Section X and XI) and submit copies of the fully executed contract. Tl•ic . v executed contract is used by MoDOT in preparing a formal agreement with FHW,d, v,`4.t, ' -otes f:A^~at rarticipation in the contract amount, plus appropriate the amounts for p •riin 'i v r gineerinl , utility adjustments, force account work, right of way, construction enaincor—s.. contingencies, etc. This agreement with FHWA must be completed before any reimoursein s,it to the local .igency for construction. A MoDOT district representative must apl,rcwi: ' ...iw act befi e the notice to proceed can be given. If you have any qucstions, please call me a, ,.i' Sincerely, Dion Knipp District Liais on , ' Copies: Construction-5 Materials-5 Our mission Is to preserve and Improve Missouri's translmrratl r;erg to onhanco rafety rrnd encourage prosperity e M(:>®(D'F Central District Missouri 1511 Missouri Boulevard �'\ P.O. Box 716 Department ��' Jefferson City, MO 65102 (573) 751.3322 fax (573) 522-1059 of Transportation To//free 1-888 ASK MoDOT Roger Schwartze, District Engineer www.modot.state.mo. us May 6i, '2002 RECEIVEn Patrick 1:. Sullivan, l'.f . Director of Community Development SAY _ 7 320 East McCarty St. Jefferson City, MO 65101 DEPARTMENT OF COMMUNITY DEVELOPMENT Dear Mr. Sullivan: This letter is in reference to Project No. STP-3100 (509), Phase I & 11 in the City of Jefferson. The executed construction contract for both Phase I & 11 has been approved. You may now give the contractor notice to proceed. If you have any questions, please call me at (573) 751-7390. Sincerely, Dion Knipp ' District Liaison Specialist Copy: Construction - 5 Materials — 5 Ourmisslon Is to preserve and Improve Missouri's transportation system to enhance safety and encourage prosperity N Thomas A Rackers M OF J CU-- of Jefferson � �x � p Mayor Department of Community Dovelopmant Patrick E. Sullivan, P.S., Director 320 East McCarty Street ,. Phone: (573)634-6410 Jefferson City, MO 65101 i'�$ Fax: (573) 634.6457 May 9, 2002 Mr. Greg Leary, P.E. Concrete Engineering, L.L.C. 241 Indian Meadow Drive Jefferson City, MO 65101 RE: Eastland Drive Sidewalk Project No. 32044 - Phase 1 Dear Mr. Leary: This letter will serve as the "NOTICE TO PROCEED" for the above referenced project. The effective date of this notice shall be Monday, May 13, 2002. The contract time for this project is ninety (90) calendar days. A fully executed copy of the contract between your company and the City of Jefferson for the above referenced project is included for your records. Please find enclosed, for your use and the use of your subcontractors, for the purchase of material to be utilized on the above referenced project, the following documents: 1. Missouri Project Exemption Certificate 2. A copy of the City's Missouri Tax Exemption Letter In using these documents to purchase materials, please read the appropriate "instruction" as included at the bottom of the Missouri Project Exemption Certificate. If there are any questions, please advise. Sincerely, hn L. Kramer, P.E. ngineering Division Director JLK:ct cc Pat Sullivan Marty Brose Phyllis Powell, Inspection Central File Bill Lockwood t1�,-pr'I �♦f I 1 1 Thomas P. Rackers City of Jefferson ferson � �'�� .. ,,- �_ � Mayan Department of Community Development Patrick.E, Sullivan, P.E,, Director 320 East McCarty Street Phone: (573)634.6410 Jefferson City, MO 65101 - Fax: (573) 634-6457 reps May 9, 2002 Mr. Greg Leary, P.F. Concrete Engineering, L.L.C. 241 Indian Meadow Drive Jefferson City, MO 65101 RE: South School Pedestrian / Bike Trail Project No. 32044 - Phase 2 Dear Mr. Leary: This letter will serve as the "NOTICE TO PROCEED" for the above referenced project. The effective date of this notice shall be Tuesday, May 28, 2002, The contract time for this project is ninety (90) calendar days. A fully executed copy of the contract between your company and the City of Jefferson for the above referenced project is included for your records. Please find enclosed, for your use and the use of your subcontractors, for the purchase of material to be utilized on the above referenced project, the following documents: 1. Missouri Project Exemption Certificate 2. A copy of the City's Missouri Tax Exemption Letter In using these documents to purchase materials, please read the appropriate "instruction" as included at the bottom of the Missouri Project Exemption Certificate. If there are any questions, please advise. Sincerely, D hn L. Kramer, P.E. n ineering Division Director JLK:ct cc Pat Sullivan Marty Brose Phyllis Powell Inspection Central File Bill Lockwood FINANCE DEPARTM EN'T PURCHASING DIVISION S[JBJ1 C'I': Bid No. 2007 - Projeet No. STI'-3100 (509) Phase I, C:astland Drive Sidewalk ('onlnurnity Development, Opened March 19, 2002 BIDS RI CI:?IVt D: Concrete Engineering, LI,C', Jefferson City, MO $ 120,369.10 1 & I Works, [Ile., Columbia, MO $ 160.643.00 Stockman Construction corp- .leffers-on City, MO $ 162,759.39 Don Schnieder~ I:Aeavating Co-Jefferson City. N10 $ 163.136.95 Donald Martin C'onst., Inc., Hannibal. MC) $ 179.602.43 APAC Missowi, Columbia. MO $ 199,173.39 *.I C Industries, Inc., Jefferson City, MU $ 199.991.65 Nluenks Brothers C'onstritction. Loose Creek. MO $ 207.395.86 *Outside corporate city limits olTity ol'.leflcrso n. FISCAL, NOTE,: 3501-9900-7350-4099 - School Sidewalk Project 2001-2002 Budget $196,053.00 Lxpended $ -o- I ncumbered $ -0- Bid 2007 120.369.10 Balance $ 75.683.90 PAST PE'RFORNIANC F: This bidder has not been a%vardcd work I'm- the City in the past; however, staff'believes the hinder will complete the project as specified and hid. RECOMMENDATION: It is the recommendation ul'stulTto award this project to the lo,,vest responsible bidder, Concrete Engineering, L,I..0 of'.1ei'lerson City Missouri in the anlount of$]20,369.10. ArrACHN/lEN I'S - SUPPORTING DUCl.1MENTATION Tabulation ol`13ids, Departmental Reconlnlendatioil Pureiltt irlj; Agent I)ir41tor, :>lllrrrunity Development interoffice M E M O RAN D U M To: Terry Stephenson, Purchasing Agent From: Patrick Sullivan, Director of Community Development,, � Date: March 22, 2002 Subject: Eastland Drive Sidewalks, Project No. 32044 Phase 1 , Bid No. 2007 Bids for the above referenced project was received and opened at 1:30 PM on Tuesday, March 19, 2002. Seven (7) bids were received and a tabulation of the bids received is attached hereto. Please be advised that the Department of Community Development.recommends the acceptance of the Bid for this project in the amount of $120,369.10 as submitted by Concrete Engineering, LLC of Jefferson City, Missouri and that the contract for the work included in the proposal be awarded to the aforementioned bidder. Funding for this project will be expensed from the following half cent sales tax account: ® Account No. Amount Available Amount Required 3501-9900-7350-4099 $196,053.00 $120,369.10 (2001 School sidewalk Proj) TOTAL $120,369.10 cc: Rich Mays, City Administrator Marty Brose Pat Sullivan Jack Kramer Central File Jacob Careaga 0 in C) 000 C:) o °V h C5 C'4 co C) co 0 to 0. 9 1: 0 0 0 C? cri a) "? C3) a 0 C) C-4 It. co c 6 0 Ln j , 17 9 6 1? 0 0 C, m 00 co (D Ln N t" 0 N fR 0 P m P- m C14 0 It m "T CN 00 c-i r- Ln C) 0 (f) U) 2 & cd to Lr) 0 L) 0 0 CD C) I= 0 C-) w C', LA) 1.0 C14 It 00 C) 0 C') C) C) 0 Cl C u LLnT) to P- R to ur) W- 0 C 1) C) Ln Ln Ir -t 'W' W- M' —' CN' 1, �2 C14 C11 04 0 cc C) Gl) 0 V) h V1 (n to (N IN 00 V) th V) it) Cd Cd 0 0 C) 0 0 0 0 C) 0 C) C) C 0 C.) n C, a Q O a 0 00 0 00 0 - 0 9 a C U 0 0 C) n C) C) :3 0 C:) C:) 0 r) 0 IN Ci 6 ° 0 IN 0 C7 o 0 0 CD N V) In 0 0 0 — " to rz- 0 0 M 0 to N C) a 0 0 0 ci 0 . . Ct IT. 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