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HomeMy Public PortalAboutORD13370 BILL NO. 2001194 SPONSORED BY COUNCILMAN Jackson Anale and Weber ORDINANCE NO. 3 70 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE ENGINEERING, LLC FOR SOUTH SCHOOL PEDESTRIAN/BIKE TRAIL PROJECT. WHEREAS, Concrete Engineering, LLC has become the apparent lowest and best bidder on the South School Pedestrian/Bike Trail Project project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Concrete Engineering, LLC is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Concrete Engineering, LLC for South School Pedestrian/Bike Trail 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:_%' - I '� `�" _ Approved: � �' �� J Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: it Y Y Clerk City Counselor r ((iZQ oil QI��i • wiyy� �i'1YiNiV.t�►'r r rSPECIFICATIONS AND CONTRACT DOCUMENTS PROJECT NO. STP - 3100 (509) South School Pedestrian/Bike Trail rPHASE 2 r ENGINEER: MECO ENGI.NEERING COMPANY INC. ENGINEERS - SURVEYORS P.O. BOX 714 308 E. HIGH STREET IIITMECO JEFFERSON CITY, MISSOURI 65102 (573) 893-5555 r r E r Jefferson City Department of Public Works rJuly 2001 r1O���uturrtrilt � F M Sp''o. r .S•. • ••• ,•,. E. GLER ';W= NUMsER i • � '•., 22510 �k,�',•`, F E S S%�; TABLE OF CONTENTS • Advertisement for Bids + Notice to Bidders • Information (or Bidders • f3id E�orm* • StlbcoWr•actors • Bid 1.3ond` • Anti-Collusion Statement* • C'ontractor's Affidavit* • Disadvantage Business l;merprise Contract Provisions`` • DOCUmCnt ill lon of Good l"'aitlr Efforts to meet the UI31? C'ontiact Cioal • Participation by DBE's • Identification of Participating DBE's • Certification Regarding Disbarment, Eligibility, Indictments, 1 i Conviction or Civil Judgments* • Certification Regarding Equal Opportunity 8G Affirmative Action in Subcontracting • Affidavit of Compliance with Prevailing Wage Law + Prevailing Wage Determination • Afficlavit of Compliance -- Public Works Contracts Law • Excessive Unemployment Lxception Certification • Construction Contract + Performance, Payment., and Guarantee Bond • General Provisions • Special Provisions + No Second-Tier Subcontracting • Buy America Policy + Notice of'Requircments for Affirmative Action to Ensure Equal Employment Opportunity • Standard Federal Equal Employment Opportunity Construction Contract Specifications • Supplemental Reporting Requirements • Temporary Project Water Pollution Control (Soil Erosion) • Inspection By Department and Federal Highway Administration (Fl-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 1 1\ Tluwmas A Rackers City of Jefferson Department of Community Development / Department of Transportation 320 East McCarty Street, Room 100 :. ';,_ 320 East McCarty Street, Room 102 Jefferson City, MO 65101 leis- Jefferson City, MO 65101 (573) 634-6410 (573) 634.6530 ADVERTISEMENT FOR BIDS Sealed bids will be received at the office of the Purchasing Agent, 32.0 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 in the Council Chambers at 1:30 p.m. on that same day. ' The proposed work for the project entitled "Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail" will include the furnishing of all material, labor, i and equipment to construct a 10-14 foot wide, 6 inch thick portland cement concrete pedestrian/bike trail. Construction shall consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements. A pre-bid conference will be held at 2 p.m., on Tuesday, March 5, 2002, in the Lower Level Conference Room of City Hall, 320 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 East McCarty Street, Jeffersun City, Missouri. A non-reft.indable deposit of Twenty Nine Dollars ($29.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards, The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY Of - JEFFERSON Terry step enson Purchasing Agent Publication Date: February 24, 2001 NOTICE TO BIDDERS Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101 , until 1:30 p.m., on Tuesday, March 19, 2002. The bids will be opened and read aloud in the Council Chambers at 1:30 p.m. on that same day. The proposed work for the project entitled "Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail" will include the furnishing of all material, labor, and equipment to construct a 10-14 foot wide, 6 inch thick portland cement concrete pedestrian/bike trail. Construction shall cohsist.of grading, clearing, excavating, paving, drainage structures and other necessary improvements. A pre-bid conf0rence.will be held at 2 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. b i accordance with the plans, All equipment, material, and workmanship must e n p , specifications, and contract documents 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 Twenty Nine Dollars ($29.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be ' obtained for Three Dollars ($3.00) per sheet. ] A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. The owner reserves the right to reject any or all bids and to waive informalities therein i to, determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON, MISSOURI Department of Transportation Department of Community Development 1 INFORMATION FOR BIDDERS 113-1 SCOPE OF WORK The wort: to be done under this contract inc;luctc.s the furnishing of ail technical 1 personnel, labor, materials, and equipment required to perforrn the work inclucleri in thr; project entiilrc:I "Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail" in cycc;ordancr: with th(; plow; or)d spc:c:ific-ations on 1 filar vVilh ih(: D(.if�culrn(.rrt of Public: Works. The proposed work for this project will include the furnishing of all material, labor, and equipment to construct a 10 to 14 loot wide, 6 inch thick portland cement concrete peclestrian/bike trail. Construction shall consist of grading, clearing, excavating, paving, drainage structures and other necessary improvements. I13-2 INSPECTION OF PLANS SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine, carefully if is site. of lhu proposed work, the bid, li plans, specifications, supplemental specifications, special provisions, . and contract documents before submitting a bid. Failure to do so will not relieve'a successful bidder of the obligation to furnish all materials and labor necessary to � carry out the provisions of the contract. I13-3 INTERPRETATION OF CONTRACT DOCUMENTS If the bidder has any questions which arise c.onceinirr;.f the truer etc.,aning or intent of the Plans, Specifications or any part thereof, which affect the coast, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. 1 IB-Q QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work; and the bidder shall 1 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 trial, such bidder 1 is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. 11 1 t IB-5 EQUIVALENT MATERIAL VJhc.rcwrr cle>finito reference is made in these Specific.pions icy the use of any parlic:rrlat irwfe;rial or equipment, it is to be understood that (.-rriy ecluivaleri! rnoknicai or equipment rivay be used which will perform adequately tier: duties irnposed by the general design, subject to the approval of the City. IB-6 BID SECURITY 1 Loch hid must he accompanied by a c.erlified c:lic,ck or bid bo!id rnade I_)c1ycil7lo io thr, Cily of Jefferson for five percent (5%) of the arnount of the? bid. Rid "1!cwitic;s will he returned after award of the contrc,irt e. cepl to the: c r ":'tl.it l iirlr it!r. Should Ihc: successful bidder fail or refuse to execute. tide bond and the contract required within seven (7) days after he has-received notice of acceptance of his bid, hc; shall forfeit to tide City cis licluidaled clarn:ictrs for such faikne or refusal, the security deposited with his bid. IB-7 PREPARATION OF BIDS Bids must he made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irrerrular. All I.-kink spaces in the bid must be filled iii and no c.hancte shall be made in file phraseology of file bid, or addition to the iteins mentioned therein. Any conditions, limitations or provisions attached to bids will render thern informal and may be considered cause for their rejection. Extensions of quantities acid unit prices shall he 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 tide 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 tares on those items which do riot qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items sliall include the cost of such taxes. i e I8-9 APPROXIMATE QUANTITIES In cases where any part or all caf III(-, is to if c:.c ivcrct on cr unit price basis, the quantities stated in the: bid will not I:)c used it, e;stoblishing final payment due the successful Contraclor. The cluanlities stotcd on which unit prices are so invited are approximate only and each hiddet shall niceke his oven c;stirriale from the plans of the cl)_)crnIiIic:s requirc;ct or) ( irc:rn cruel c:cilc-ulaie his unit price bid for each itF�:m ac�cordinrlly. EIiicis will bc. c..c.�rnl;r�r)rct ort the basis of nurnber of units stcrtc-d in the bid. S)r,:h ;,1in)c.rl�.cl (I)i(u)liti . ,, ;ihil._r rw.ide frorn Il'ie best information civailcable, arcs approXirwilo rmly 1'cryrnent of thr:- (:onlr(act will 1.:)e based en actual nunlber of cini1; in,lcr(irrrl can 1h,r (-r rm fr-t(:, vvorl . I8-10 LUMP SUM ITEMS Payment for each lump sum item shall bc. c.rt they lurr)p sum) Lid fut thy:: itern, complete in place, and shall include the costs of all labor, materials, tools and e(j).iipment to construct thi.7,� iten) cis d •sc►ibed Iv: rein and fc) ihc� limits shown on the flans. I13-11 SUBMISSIOIJ OF BIDS The aid and the Bid Security guaranteeing the san-)e shall he placed in a sealed envelope and marked "Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Troll", IB-12 ALTERNATE BIDS ' In making the award, if alternate bids have be-err rcL•ct)tesled, the alternate bid which will be in the best interest of the Cily will be us(:-Id, IB-13 WITHDRAWAL. OF BIDS If a bidder wishes to withdraw his bid, he may do so before the time fixed for the . opening, without prejudice to himself. No bidder t-noy withdraw his bid for a period of sixty (60) days after the scheduled closing lime for the receipt of bids. No bids received after the time set for opening for bids will be considered. IB-14 RIGHT TO REJECT BIDS ' The City reserve the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids That in its judgement will be in the best interests of the City of Jefferson. IB-15 AWARD OF CONTRACT If, within seven (7) days after fie has received notice of acceptance of his bid, ' the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the ie 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 he 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 �J Percent (100%) of the Contract price,, must he, furnished and executed by the successful bidder or bidders. A form for the bidders u,cr is (-:(-)ntained in these Contract C)ocurnents. The issuing Surely shall be n corporals Sur('ty C.onipany or companies of recognized standing licensed to do it) the Statct of Missouri and crc;c.r..l>tcri�ic to the City of Jefferson. IB-17 INDEMNIFICATION AND INSURANCE The Contractor agrees to indemnify and bold hornless the City from all claims and suits for loss of or darnage to properly, 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 [fond, the Enid 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. 113-19 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 The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 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 year from the data: of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period The cost of all materials, parts, labor, Iransportation. supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. the Contractor also extends the terms of this guarantee to cover repaired parts ' and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. If within ten days after the City gives the'Contractor.notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary. repairs or adjustments, the City is hereby � authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the wort; to bey paid by the Contractor. in the event of an emergency where, in the judgrnenf 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 tinder the terms of the Bond. Ili-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 p - project stall begin to run on the date established in this notice. IB-23 WORK SCHEDULE To insure that the work will proceed continuously through the succeeding operations to its completion with file least possible interference to traffic and inconvenience to the public, the Contractor shall, at file request of the City, submit for approval a complete schedule of his proposed construction ' procedure, stating the sequence in which various operations of work are to be performed. 1 IB•24 CONTRACT TIME 1'! ; 90 ccflenclor clays IB-25 LIQUIDATEDOAMAGES. i 1(Iill(��,11� (.I d(lrll(.1.'r(;., `�!I� ll� I )�. 1` ,�, ,Y.. 1 ( 11 th'! .'/,-)1i ly 1't l li IB-26 POWER OF ATTORNEY Atforneys-in.-fact who sign bid bonds or contract bonds must file with each boric) a certified and effectively dated copy of their power of otlorney. IB-27 BID PACKET Each bid must -be submitted on the prescribed_ forms and contain' certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the scaled envelope containing Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the ' following: 1 ) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMEH I 4) CONTRACTOR'S AFFIDAVIT 5) DISADVANTAGED BUSINESS ENTERPRISE CONTRACT PROVISIONS ' 6) CERTIFICATION REGARDING DISBARMENT, ELIGIBILITY, INDICTIMENTS, CONVICTIONS OR CIVIL JUDGEMENT 7) CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING END OF INFORMATION FOR BIDDERS 1 �E BID. FORM . d Iii' 1) 1) Jc' ® Io: CITY OF JEFFERSON '320 East to crrl Y ,�.='jII, 1 Jefferson City, Missouri G:,i U 1 THE ' UNDERSIGNED. �t31DbE:R, having' c_�xa•mined the* 'plans, 'specifications, regulations .of :'ihe 'Conirocl, . Special Conditions, othef' .proposed contracl documents and all'. addenda (hereto, :dnd being acquainted with and fully. Me extend and cf aracfer'of ff�e work covered b 'this Bid; b understanding (a) M x n y , ( ) r' the Location; arrangerhbrit, and specifi6d .reqummenfs'•for the•-p(oposdd work; (c)..the location, character;.and condition' of existing streets;'roads,. highways, railroads, pavements,,surfacing, walks; driveways, '.curbs,'gutfers, trees, sewers; Wilitir-;, drainc7c�c:` cc�r.�rses, r,iru�:tc.ncr;, <7nrJ 0 thr.r installations, l-)olh surfac^ and I1r, i, •1. 1'' 11(' i .'11 ll, 1`' i�' „ J I I I, I it n(.11'1r) � 11n1 � �'.l) •lii � )t II�) � t •.•i I . � 1�1 �1, i � IIrJ) 1� X11', � ilia ' i,,'l � h atl- 1('J, � ):, -.lc,norril c ondilicai c)f nl(11( ric11 , ►( , I ;(, ( •;•.r , lvclh ) l: (e) III(: n( (:): ',',(.ry flcJrlcJlir�c.1 cln(.i rF.:IlUrl(..111Ji;J �:, t ,�•�_(1V(7l` � IIJ�Ji• 'lll.� ('� I,, ),i"li � :'!) , � •, � rlt;� ',� 1!: prohahlcc riewc1forind ((II fh(� ciiffi)::ullie; (:rnd hcr,:(vds lo.. Ihc: wort: whiciI rriiuIIt be C:(rus(-rd by sir)rrrl iI Id Ilc,c,d v✓(')t(rr: (h) local on"III lom rr_rlcjlivc` ti) ' labor, .transportation, hauling, onci rail (_k-divury facilities; and (i) all fac:lor and conditions affecting or which ri-ic.ry he ciffccied by the: v✓orl:. HEREBY PROPOSED to furnish all is quired rnatc:rials, supplies, c.quipmenf, tools, and plant; to pc`rform all nec(-.�ssclry labor and supervision; orld to construct, install, ere.cf, and complc fe cell v✓ofl. siipulciled• roquired by, c)nd in crc:cordance with the-) confrac.t (md tflrJ drav✓inds, sf;c:c:ificohons, and otl7e-r doc:ufno nts refett.(?d IO th('r('in ((1; <rli(.rrrxi, arrrc�ndeJ. of rnr)(Jificd k-)y addenda) in fhc: mann(:)r sand tinxc E.)r(:!sc:ribed and that he will accept in full 1 payment sums determined by apf:)lying to the quantifies of the following items, th(-� follcwn'incl unit E>ricos clrld/of. (7ny lurr-W ',uM f)clyrncznis 1->rovidc•d, plus or rninu,• arry q.)ec lol paymenis and adjuslincnk• I f(.)vi(A(:-(f in the si.,rc:ifi(:cafir,ns anca he understands that the esfimatc:cf iven are not guaranteed to be the exact or total quantifies rciquired for the corr)pfelion of fie work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the wort: and that plic:es bid shall apply to suc:li inr rc:crsc ci or cicrc rr cr;(.`d quantities cxs follows: 0I lip-11 I t�r,ilsrrEAZt Qlv. • rrVMIzF1) 1;11) P0Rm tiOl 'I 11 .SHOOT. Ill..I)I:�+ I It1,1r\'/Itll� 1. I'll \II " III lOJI•.( 1 N�-N 911kIl S fl'-.;11111 (51111). 1'11ASF I'he (I nclersil"ned :l)"I'e:'', 111:1t 11w 111111 Imcc, •,i1h1n1m-d II fc\vIIIf ;ire• 1111 the nl ohmininl; if ),rills s11p111:1tcd gull). ;111(1 1111 11"( 111 I Wllp+11u1p 1111• _Jill,- ,,I ,111(1 dc(1u1 11ml. , 1k.11 11, Ihk-,�• 1 , It (11 "ClICTilmy between the I,russ stipf.11:11cd si1111 hill ,11111 Ih:il r(­.11111111' 11mn Ilw "I"I1n1;11lm) (11 the 1111:111(1(1;; n11111inlied by 01,•11 r� ;11�c11v(: unit 11111 r•,. lilt. 1.111 r .11.111 The•undersiLined declares that he•undcrstattds that the quantities mentlo tied•(tcrein are approximate only arid. tliat they arc suhiect t11 incI-CNSC.M drerr:l e, th.'a 1w will I:1ke, in Full payment tlicrclilr chc. amount and • summation of.the actual c uantitics, as 1in:111y &M-1ttinal nulltiplied I>_y the unit prices shown in the schedule of .• ; prices. • • � •. •• .. .. '. : '. �• '.. •:. . � •: :. jjic. uudcrsi ned further.a'rrces that if',the Owner decides to-extend o'r shorten this im roventcnt • or S C,. p othcrwisealter•it by•ertra;-or deductions, inclildirig.the eliti'liilatioh;of any one 0r rijore,6f the1teiit- as•pr6•,U d in the Spa j�jcations;•Ile*Wjll ix;rfontt�hc work,as altered, incre.'tsc•or decrease at the-contraci unit pries.` .. ITEM -UNIT . NO: '. ' -' DCSCRIP'I'[ON 11N1'1' (jIJANTITY I'RICI: AMOUNT I. RI:MOVAI. OF II\1Pk(A 1 fv11•:1�,l I I.l ' .. cx• 2. MOBILIZAa ION 1.1 ltvll tit ft\'i. ..3. C1.[:ARIN(:1 AND GRUJHBING .1.111\11' S 11\1 I O 4. CONSTRUC'T'ION SIGNAC;L•' SO. I..'1'. 130 5. IT.RMANI NT SIGNACi C; G. LINEAR GRADING I,IN. FT. 1);97 7. SUBGRAD1?. COMPA(."1'ION 1,1 N1. F, 1119'/ r /Z 8. GRANULAR HAS1 LIN. 1•°1•. 1897 /_ 9. 4" THICK (X)NCRE'l 1: SIDFAVAI.I: SQ. 1'D. '01 10. 6"THICK CONCRC't F "TRAIT, SO. )'1). 2106 $ J �, —-- $---- /•3� 4 jgjI r.• .w.r..r: t i 'r •i., toss"OlsO1,01 401 OWN;91 IJNil NO.' ' D.FSCflIPTI0 UNIT .c)`NAV-11l'Y. -t)O '{`? ANil)l1N'I: I I ' I i lli F.I '�.I.I i IC llr tit c''I Il �'•. I I', i I ti 3r 9.7' , ./J Z9. RS" 13 ('I IAIN'' LINK 1 1 :(' I 1 I '1 3:. • 1u' .` WI ()A'l 1 I„A(:I I I•! I ril l 1%1 1 I(I I I •11' `, itit 15: PEDESTRIAN.HANDRAII., LIN. FT.- 325 'TYPE"A” CUIZI3 ANO IJN. I°I'. . s, GQTTECt 17. 'SEEDTNG,:MUT.CiiT .0 AN Li;MP StJM I F'E2TiLIIfNG .• , 18: , -ROCK EXCAVATION CU YDS: ' . . S00 $' • •. I�fECI-iEIi�IIC�1L • . . .. � � . ••, :•,'` 19.• -urNsLITAf3LE'M1l'I ERJAI. CU. YDS.' , . . 140. $'' �. $ ��"�p,. EXCAVATION J 00 '_(l R(�)( ,K ISi CK111.1 i 13, S?� 'IJNSl1I•I'Alil,l: MA I'I-1:I:IAL ARP,AS 21. KlODIFY P-1,AYGR(,)HND LUMP SUM • LQUII'M[--N'I:ARI;A "I'O'f'AL I3ASF 1311) $ ��C �i 7"�l� ���• e ' ��S�L�.• ..r .. � .. . . ..-,,!Pt7•, .:'t�.' �;iy4�; %7•..�• !!� . ' .J:••' iurr, .. .. Vr;.'1.''�.'�ilf e '�Uk'ONTR"ACTO•RS TIME OF COMPLETION tll 15rojc:c.:1 fllin 90 cUlendar 1 1 1 days, subjecl l0 lhu stipule tiorts .of. 117e re(julotion, of the Contract and ilia n '.. . Special Provisions. it is understood and ogroed fl)at if• this bid is aC-cepted, the pric;es'quoted .above• .include "all, .ap' lic;able• slate .taxes :and. that said taxes sfiali •be' paid,.by.1he Contractor. The un61ersitjned,- as• Bidder,'.}ierevy declaros `that •the ohl'y persons or firms - ' interested in bid as, principal or"prihcipals'is or are named herein and that no, ' other persons or firms Ih(11) herein meniipned hove nny inieresi in ibis hid or in the r ,lllfl� l� i i; �. I� , ? i, „'1' i rril Irr ! i rl. ,. . ,.�1h�u ,l)f r �,� . fl� ,f! ,.'tl��. r;ll • OII it'I 1��.:1'.,11!i i � ,I i( ,i 11 Ij`• i u � , 1.j., '• f I I� 1, if i i � !,I �i l .I I' 1 ll I� 11 Ii t II i � 1J I, and if (ioocl f(lilh, will ic)tif oll( ,lon of ffclud. The undletsicwod (r(irr•e" Ovif lilt. hicl depost.l shall IXc-.�<':ofr w the puojJ(-"rly ()i III( (.)�'✓nc'r, ,fl(,�(1((i fu: fail of f(Aj� i! lo c> ,( (;ui+ the c-.c t+ifcic..l i+f fuffll,11 Bond cis called for if) Me 5pec:ilicuiions within ihc; hint;. picwid(..cd. If wrilten notice of Ille acceptance of ibis bid is rnuiled, iclegrcaphe'd, of delivered io the undeisioned wiihin sixly (60) days after the dale of opening of bids, or any lime: ih(�rc(afi(:!r hefcxe this hid is vitl rd(own, the undersic tic,cd will, willlin tor? (10) doya l clllof If!(? cleric.. of J.)(J) mailinca, ir_Ir:ctraphing, of cjeliverincl of sucfr nc�iic„c , i x+ <.:r.r1t rlrrc +ic:'{ivc r cr (_c>nlm(:J if) the fofnl of C:'onlr(rc.'i a11c)(A)c:rci. The undcrsigned as his oflice to Which sucf-r nolicc:,� of acceptance may be me:riled, telegrc,phed, or delivered: 271 /� � , ,wl, 11 is understood and ugi( ed Ihcri this bid may bc: vAihdrawn at any lime i)ri01 10 the scheduled lime for the opening of bids or any aulhorized postponement thereof. moll'! PON 'Attached h6Fei6 isO"O' Bid acrid fo'r the' svm.of CiIy of. J.cffer,fir) Sic 11 1urr o f Bidder ' II 1111In( IlVltltl' �l ( 1�/11ir1 liiiSllir",', If c1 I,c:rrlrInvhiI..). ....._ ._.. ..: rilemlwr of firm. by ' If ge #iori; ;,,'L�c4c,' ;'�-..'.;, • ,, , /' :• : . •. •. SAL • Business.Address of Bidder: -If li,irdd,rq 11, (1 ' : Vf)Of tIh III 'iut)OIy Illy Ir)1�OV!illtI I11`t)rIi)rillOfl' SIC)"Ic• in Which inc;arp'Oratr:ei fJnmr.--; and Ach e ifs: cif ifs: P(ec ide,nt Secretary 1 Date 3-�9 lip ,. � ... .r, ,. •;�) .. �•�:_ ., :�•. ,�^SG1M1.Yris�n.r�ri�a,.., � �.it,', si�7.y 1r1rM.�1,{� •. •. •. :;t�•4s1;�•�3!FYi i'L. r7o" • BID BONA �. •✓• i•il i, r, �', i� �' :l ,, i,l � Illili v;. ,� ,r l,i� • .`i(It,ll, hc:rrri;y hr Gi rand hrrnly i,nlrnrl Irrllrl It)(' CITY Of Jf; u• tllr; I�r�rull ',11111 ,,1 (•r, II��� I �.I;rn' ,;r '/I lit t�. ,'!,�I 11 i i i!, �i J' 11 i i;i i!'.,, � � �'��1! � .I IO i i ,',`r' 'i.'• �. I� ,.( '(i , Tfu: c..onciilion of I e cboi� 'e oE.ifirntion is s0ch it vlbrnc(J thr. Principal has sul�rni►IUc# ir7 Ihc: i:ll'r r.?i 1L[ I [ )1,41 c1 cerkilfI 11,id, crlfc:rc:tir.;c1 (Icrc:Ica (1110. hereby made a marl hereof to enter into a c;ontrracl..it) Wrilin<1, for ifie [510jec;i c nfifled; �.� "Project•No..STP•- 3100'(509), f'liase 2, Soulli School pedestrian/E3ik��Tra[l NOW;�TI.1LREFORE, ; ,((said t3icf shall fae.reiected, or.in ilia a ierr7aie, r (t)) If said aid shcill, be 'accepted' and. the Priricfpal, shali.exgcute rind deliver, a•• , contract 'in • fhe. Form of• Contract 'attached hereto (litoperfy completed iri accordance With'said did) and shall furnish a.bond for his faifhfui perforniahce of 'said confrn_ tI anef for the haymcnl, of-all pnrso.ns pertorrninq labor of furnishing rnrrir ricrl, rll , ,vlri,l� li �n Ihrrr(:wilh. 0)(1)) 11) 'W r�lhry rr ,)>r c l 'lyrilfr,rrn Ih= I� �Ir.r IIIt IIr r, •, 1(� f I.��' 11n cI, r.r (IhIrI, ,• , u•'! ihon 11ri5 oLlirtrrtinrl "Jllrll ht. v()id, 0114'nvix, th rni iicril rn;nl:riII it being ex[arussly undursfacici Ill(. huhillly of ihc: �uruly 1c;r c.Iny c.rnd (Ill ciclin'rs heic:under p( Wo of r 1mol n ll of IN., ohligcdlol l r r� horc:it l staled. The Surely, for Yalu(" received, hereby siipulaf(Js and agfees fhal #ir(,, ot)ligalions of 1 said Surely and its bond shall bo in no way impaired or offecied by Iho oYfe07sion Of the time within which the Owner may accef)l SLY ch i3id; rind said Surety does hereby waive notice of any such extension. 1114 W1111,11-MSS WHER1,01 , fl.w. hcwr:: he>icunto scat i ic•ir hnnos and ' seals, and su=;:h of 111c;ril cos cur. corporcrliom have c:ausod lhc;ir colporafc. si:afs 10 be hereto oflixed crnc.f Ihesr: lnusunls to bo si(pled by Illoir propel oflicel'), ihu, and year first set forth above. 1'11rfc,ipal SEAL ' � r. . . ,.. � ....r �riwrw�1l�:ff.;F'•. r;:,i ,!rr;. .. •.r '•�!�,�r► �v w� ,►rr:`.�:>a:+M� pblAcv�r!'.'�'rMMt� 131D BOND );(•IC)w ALL M11-4 BY T H[:SE PRESS=NTS, that wE', the undersigned, I"ravelcrs Casual t �Jr3d 5uret Cormpan Q_ .._. as as I'rincipcil, rn ct ..... ___--•--____._ Y ._ _y__._.1: y C A1IlLI:1.Gd_____. Sr.rrc)ly, cut: h:n;trr helf:f clnrj trrrnly iMI-Od unlu thin CITY OF JEFFERSON, MISSOURI, c); f'> •rnr.rr, ul fftr:. I 'f n';I 'mil ul �.).YE: .1'_E CCE:(Lf.._Of... Afil(ll.11l.t: (, id. i'.)r II,rr. 1.',r.ryrnc III r)( which, v�C:II C;nr1 Intl", to h". mod'-!, exf:c c.:utc',r;• ncirnuu',trr.ltrxs, .C.'",`r%r; r:)r''"1 C,1SSiC1f11, Ihli 1901 •1;1/ C:i ��(31.rY1T •20-.02-_-.__ tt1's C.unr.l }i•:in .,I Ih, cl;rcrvi t;t? i;crllcln is svc.:h f'ICaf wfrC:raCr; th!: Prim.:!i;c71 h'as sUl�nl!11eC1 'Io fhr, ( 11Y Ui KI 'l l "OH, MISSOURI r_; cuC:r f':)!r! f?, c;, ':711r"rc'h' r.l hr rr•tc', tlnCl flfwr-oy wade: rr L,:arl hrvl"Of to c Wor infr, (-; (;c"ntract In valfin'--j, fi)r Itic'; r')rojeCi rnlllli;d: "ProJec t No. STP - 31.00(509) , Phase. 2, Sou Lh School pedestrian/E3 i ke 'Fra i l fcrl II Said Bid shall be r,�Ie(-h-,(,l, or in tf'rc: aItc:rnnf'. . (b) If said .lid mall be accepted pnd, the: .Principal shC�ll execute. and deliver o contract in'the .Form of Conlroch' tlache,d hereto. (properly 'compteled in accordance ��i1h said Bid) and shall furnish ca bond for his fai•lhful p&rformonco of said c(lntraci, and for the payment of all persons p Oorrnine7 labor or furnishing rnalerials in conneclion �therewiff shall in crll other respects perform the ariraernenl r_rcatr'd by the acr_optancc of Said Bid, Then )his ot.)ligafion shall lDe• Void, olhe v:i"e tree sarnr 0-1a11 rOrnclrr) iv' f(w(.e and efluct; it being exprc'ssiy understood and ar-in e:d ihol the liabil;ty of ihf Surety for any and all claims lrercundc,r shall, In no evert, e xce,e:d it-!c Demo) (mlounl cat ihi; e t�Gc)atrvrr as hcre;in slated. . The Surety, (or value received, hereby slipulafes and agrees that tire; obligations of said Surety and its bond shall be'in no way irn(--)aired or affec=ted by the extension of the time within which thre Owner n,roy accept such (aid; and said Surely does hereby wraive notice of any such extension. ' IN w1iNESS WHEREOF=, the Principal and the Surety have hereunto serf (heir hands and seals, and such of then) as are r_orporalions hove caused their corporal: seals to be hereto affixed and these' i�resenis to be signed by their proper officers, file day and year ' first set forth above. Concrete Enc)i nee r,i nq,_ .l C.(l.,s,) f'rinal SEAL Tray .lc •s Casuals-,y 1 Surety, Company of S By: LfL_,eul--=—z—A III eri ca ' Je r ette"Davis At orney-in-Fact State of Missouri County of St. Louis On this 19th h_ day of March 2002 before me, Patricia S. Griser, a Notary Public ii and for the said County of St. Louis, State, of Missouri, residing therein, duly commissioned and sworn, personall; w Jeannette Davis appeared_______ _ known to rr,:; to be the Attorney-in-Fact of the _ Travelers Casual LY and Surety Company of America the corporation that executed the written instrument. PATRICIA S.GRISER gotary Public• Seal STATE OF MISSOURI St.Louis County my Catnr:rlaslon E*trur:Aq 4,2002 __� � Notary PQb n and for the Cou ty of St. Louis, State of Missouri. My Commission Expires 5/04/2002 r IN WITNESS WHEREOF, 'TRAVELERS CASUAurY AND SURETY COMPANY OIL AMERICA, 'TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have cause(( this instrument to be signed by their Seivior Vice President alld their corporate Seals 10 tie hereto affixed this 291)) (]ay'of Jammu)' 2002. S'fA T OF CON14F.C'�I1(•tr1 l lcAVF.LEICS CASUALTY AND SURETY c c►M11PnNY c>I nAll:ttfrn TRAVP.LI,'NS C'ASUAI,'I•Y ANDS UI?FTY CONTPANY 1SS. Ifrntfold PAIIMINGTON CASUALTY COMPANY COUNTY O F I IAWI1`010) f" .�rr>ij OC 1 10Fg1Y,, !i; CC iqu w. liompson el ;,iC.11lor VIC,(. { rC.,ICfC'.Ilt "i0v r' r On this 29111 dal' of J;11111:11 N, 21107 110mc Inc I,cfsollAk c,orfc GFORGL. NV. 'I11OMPSOIN fo flit' f.nnun, Mit" I+efnf" 1)v nfc duly sworn, did depose and say- 11a1 11c/she is Senior Vice President of TRAVI"'Lf;ICS CASUALTY AND SURLTY COMPANY 01 AMEIRICA, TRAVFIA-US CASUALTY AND SlllCl;' N COMPANI' and FikI MINGTON CASUALTY COMPANY, the corporations described in ;out uh,c,lf executed Ihe' ahrnc u111,111MICnt, Owl he/ldhe hwwn ; Ow !w,fk of ',ail corpomffons, that 111e seals aftixe(1 to the S;fi(, ittsUunlenl uc such iirf►rcuatc •eaL,, ,1nd !hat hr!.hc c �r<uteel Ihr r.,ucf fre:frunf�'nl nf1 l rhall of Uu cr,rpuralf0", bti authority of 16SAICI' office 1111LICI 1110 Sf,uuhnl', Nc•olutfom the teal p.Ttr, Cdr a�f.\G n�NGCS�'� MY ct>rrirnr,s.uxr r ,t>ue!, June ;10, ')OO% Holwy Pliblu; Morin C. l(frcaolt CI It'1'IF1CATF ' 1, the undersif;n^(l, Assistant SvcroarI, of TICAVIAA-A6 CASUALTY AND S1))tETY COMPANY OF AhIE'RICA, AND CASUALTY AN SURF"YY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the Stme of C_oilliwic.ut, DO III: WHY (T.'P I IFY flu}1 Ow foiepoinf; and attached Pot+z:r of Altc.)rnc), and Certificate of Authority remains in full force and has not been rcwohed, ;n d fuflheimorc, that Ow Standing Resolutions of the hoards of' Direclors, as set forth in the Certificate of Ar►Ihorily, arc now in force Signe d and /Sealed at the Home Office of fhe Omlpan.%, of the ('ny of'11milord, `;Iafc- of Con nedIC111 Iklted 1111. L day of . $,ffi OLHART�M"V'),"' Csf�v'('M(4 (, U 13y corm. ' 7 s Y y � c Kori M. Johanson ;••�, � Yy , ,' Assistant Secretary, Bond MN�YM" TRAVELhRS CASUALTY AND SURETY COMPANY OF AIINIEUICA TI?AV1:LERS CASUALTY AND SURETY COrNWANY FARMINGTON CASUALTY COMPANY ilurtford, ('onnecticut 116183-91161 r POWER Oh ATTORNI';1' AND ('I;IZ'111✓I('r1'I'1; Oh AUT11OI(I FY OF KNOW ALL PERSONS RY TIIESl'; PRESENTS, TUAT TRAVI LEUS CASUALTY AND SURETY COMPANY Oh AMERICA, TRAVELERS CASUALTY AND SUREAN COiMI'ANY and EAMMINGTON CASUALTY (:UIYII'ANY, corporations duly organised under lire IawS of Ihc Stale ul, Conneealcut, and havillf; thctl principal offices in the City of ifitrfford, County of Ilartford, State ol• (brrncctic:ut, Orercriruftcl Ihc "Compantcs") ImIlt Ilmde, constil+tted and apptnnted, and du by these presents ma1c, constitute and appom, (;'rain .I. I.ut, .lcannr•!te Davis, Rrncc I✓olkerls, of tit. Louis, Missouri, their true and lawful Attorneys)-tn-Fact, willi fill power And cmdiorlty ftcwhi, coil!t.,(wd lit •1f;ri, ( �cc,utc ,tad ackMOMCII);c, at illy place tVtthtn the United States, the litllowilig insillurtcnl(s) by his/her wic 'ilglultolc artd at,(. any and ;ill bond;, rccwl;nrr:ulces, contracts of indemnity, and ulh' r writln);S ohlry,ato[) rn Ihc 11atulr of,1 hotel, re(.o};niian(c, of (ondmon,rl undcrLtklnf; :ltd :lily and all consents iincident thereto and to hurd the Conrlmoics, Ihrlchv ,e, fully ;111(1 to Ihc '„rrnr c:.tent ;1,, it Ihc. ',:bite %%c1C sighed by file duly authorind officers of the Companies, ruin :ill 111,: :rcas ul 1,• 141 111ornt}'U,)•1n I ail, lntt•.11,r11+ to Hit., ,rtilborlty ht-will gm-11, ate hereby taltfied mid confirmed. I'llis appointment is tirade under and by rmthority of fit(., lollotting Slandrn); Rw,olultow, of -,md Contlmmu-';, wh1, i Resolutions are now in full force and effect. VO"I'f;O: "flutl the('hauman, 1111 PIV:adlnt, Ally Vlte('11,1111 t,rny! xccuUvt: :'it'e: I're ;idCnt, ,ury `enior Virr I'll ;i,lcol, an}' Vic;c I'tcsidlnt, any Second Vice President, the Tici.Mel, any Assegallt heivallet, du: Corporale Sccte:frry or .Illy A ;+:,l,mI :�taretaty nmy appoint Attorneys-III-fact ultd Agettls to act litr and on behalf of the company and illy five such nppuintcl s+u:h authotity as !ns cu her cranlicatc u) authouly ncry prcuribc to sign with the Company's name and seal with the Compam's seal bonds, tecof;uvanccs,c nntiacl,ul nullurnily, and other vvritinls obligatory in the nature of a bond, recognizance, or conditional undcrlafang, and ally oCsard officers or (h1 linard of Ducctols,at any little stay remove ally such appointee and revoke file powei givcn hull or lit-I. VO'I-I?I)' 'I'hitt the Chaitnnan, Ihc I'n^udt•nt, do,' `✓ic c Clumnian, any I xc•iutrtr Vier 1'rt:utlrn+, ,nv :Iclllo1 Vrcc: 111c:adent o: any Vrcc. President delegate all or ally pill of dw tiregoutfp, autluartt to nrn:m mart:ofhi,c;:; x ,niplt,,rr: .J till t .anpiu,v, }uovult d that cinch su(,1r delq,,allon is fling and a copy thereof Is tiled nr fit(!otlit;;ot'lhc: ;v'wkil. 1;1)' That any ))oed, tecogm/niter, conir.ua of nidruuult, or wrrtur;t oll1w.1tt•ry ui flu• nature (it ,I bond, reco;Amnon', of condluonal undertaking shall he valid and buuhng upon the Con,p;rny Mien(a):.if;nc(i ht the I're udt•nt, an•: :'ic V t :r,unnun, .rtr, I?x10inve Vicc President, any Senior Vice President or arty Vice President, any Second Vrcc 1're•.nlent, file 1lew;;uet, ;lm r\,,i,t,uil flr;rsurer, the Collimate Sectetnty or any Assistant Secretafyand duly attested and sealed uilh the Company'S seal by a Secretary nr c.1:;ir,Lru1 Secidaty, or (b)duly executed(under seal, if required)by one or more Attorneys-in-fact and Agcnts pursuant to the power picsmlwd if) his of Iwi ccthfrcMe or thcii ccitificates of'authority or by one or more Company o(licets punmant to it ttritten dch gatiou of aullionty rThis Power of Attorney and C'erlificatc of Authority' is Signed and scaled by. fat-similt• (inerhanical or printed) miller and by authority of the following Standing Resolution voted by the Koar•(ls of Directors ol''TRAVh.LERS CASUALTY AND SURETY COMPANY OF ANIERICA, TRAVELERS CASUALTY AND SURKI'Y COrMPANV and FARMINGTON CASUALTY COMPANY, which Resolution is now in full forte and cffcct: VO'17 ta; I that fh1 signI C of each of the li,llr>ttmr' ollice:r. Prc udlnt• ;ur: I. Act u;itr Vie I'ir:udrnt, fury tic:uior Vic' 1'rt ulcnt, any VicPresiden(, ny Assistant Vice President, ally Se(wi•u•,, aril 1:,,i:aant ':cc.ret;u v, Ault 1110 r+.l i-1 1110 c'onrpiucv rn,ry L•: ,dli\cd o}' Gic;utult: to im), power of atornl}'or to;rny c1r(ificith: rclahnf; tin rltu allointinf; I<e:;+dent Vtt.e I'resnlrnt., he adcn' \ssi:;L lit Scctctai i1,;of Anoineys-in h:let for pnrpoScS only of'execunilp,and crflesting bonds and ulldcmtl,ol;;:;and otlwl wrltu+as obliv;Itt,ry rn 111c. nature: therrol•, and any:.itch power ol'altorncy or certificate bearing such (acsrnttle Srf;nature of fac!mIllit. sral sliAi b1 valid and hll+d+nf1 upon rh1 Coinp;rriy and any :;itch Iowa So exlcutcd and certified by such facsimile signiltute and fiiriloole sea( ,lr,rll he V;did and hinduip upon I),c. cmnp+mv in tic• liiiow ,ioi reala_cl lit any bind or lrtdertuking to which it is attached r '(I I VI Srandatd) • Im1rNJFNn4..�yf�i(1Uj�Y r •>���f�'� ':1�xf1'MivaM'R,�LI ANTI-COI.LUSION STATGiV1FN1' ,IAlf ' ...,I �'ST,..•� 1 c4 e �U(y swurrr,.dc (%USA, 011d 'up flint Itc. is '� `�:r_^ _ of IIT( F OF PFRSON SIGNINC', BIDDER thal all slaler'nc nis made and facls'scl;.out in flic. bid fc,r the abQ. e project and ' fru� :and dorraPi;. 'and' ihaf the bidder (1hc persbr!;:•.'firm,' assocfc'lion,' or ' . . corpotallQn, making said Gid) .ha,s'not, cif jicr directly or fndireotly, entered.'inlo any ag e6rnenI, pnrlicfpated•in any collusion,.or otherwise lakdn'arty action•im • ' eoWainf of.f(be competiiive bidding in conneclidn wit h,such,bid of any'confraet W fr rc. uli frciri� if: cyccciatarir.;r.. l�lluiilf hnii, 'I � 'I� 'u • - 111, 11 (nl' 1� ir. ,� 1 I;nil,: ,, ;Ily II�I, 'r, ".i, ,' 1 u�, �.�I hru�nl I�.�IIy' c.rffilicflc•d vv011, onyoN1('t l,ir. d(.'t I,it 11w , 1k ,1wc' i,rc>j+-•r;i, Sworn to before) me 1flis —1-9 „ " ! ' � C(JL(� `...._cicr, of . -. .._.._. - . 1001,:2_ ,\a�0111UU�u A UP My cofnmission �::xi.�irc:s: _ _pQ;• �� � :� ���0� yoj�A� ���e�• UIUU l�'��� ��W�M+IIIh�N»'!+dh�f.�+l, lWel�r +�Mi�yM�r'rhri niy�W�AM!�w4"11MMAhilbMk9�,+•;�.M.�+v�w '11�f}!�IFiVlil7�?�'�C1h}1.•'�.�'�N1�71�1�► i1y � '.J�2•A7M1kIJA►w+�.'�i1/�E�;,• l�IiI ;TCrk�l!a�••,�+,Nx.:�A11ri•tr!s �l r ' CONTRACTOR'S AFFIDAVIT , This clffi;,lcrvif 6 ilo(CA*Sy ft-Idea" (1,p(1fI of tt1c f,lci, (I(I (lII C.xe t)1c d (: ,GSy ti f sll(.111 (1(;��c�rll�xlr'1y 1:>n(:h NO •,I)hfIullt t i The undersigned, Hof fawful dge;.veing.firsf duty.' orn sf6fes'upon oath that he-is ' of ' "the coniraclor submitting the attached bid, that he knows of his own knowledge: and slates it to be-0 tact that ncilher said bid nor.•lhe computa lion upon which if k hasf- I I1('kj(at.' all)/ (1f11(')llfll t)f 11 a)Ili, 11/11 Jt • Wi1f)cf',, II Ii)f It •y`, Cii t ��,Jn�f1',�":',, It� r.•.•! •;�c •! fc."'.I� If1i1f1 •rl, I)li.�ln.�',(_� t II, I )t' l ,(.11l.f tl) . peis.ons who Ure nol fecfufled tc) fullush 1.11c11ow-,11 Of (Actllcllly pc.-Ifol-In Services H OI.1 C)I C1, c"1 port of tl)(' pfOf1f)',t!ct i--:.-ate'..._ ._.... _.... ___._.. AFTIANT Subscribed and sworn to �c�forr; me, a No ) PUNIC in and for the County and Slate c�forrsaid, this _/�j _ _ clay of (,J v c� f9 _. .. '..........._...._-- e ����.,U1111pp1q NOIARY PUBLIC/ 0 A...A• L-,e-,q r My Cornmission Expires: g_�; .• ii,NA...00, Out•• Q ?Z" �..•• Disativantage(i Ilusiness Emlerprise Contract Provisions (fart A) 1'ollcy It is the policy of the Us. Department of•I lamportation and the Missouri Depnrurtci►r of'flansportation and the Owner that husinesses owned by socially and economically disadvant .ged individuals (!)!3!i's)as 1 defined in 4l) (.'1 12 fart 23 have fife maximum opportunity to participate in the petfornuu►ce of contracts financed in whole or in part with Federal funds. Consequently, the requiien►cnts of 49 CFR fart 23, and Section 106(c) of file Surface •Transportation and t Imfornr Relocation ANSistancc Act of 1987 apply to this contract. Obligation of the Contractor to IME's 'llie contractor agrees to insure that Dill"s have the maximum opportunity to participate in the performance of this contract and any subt•ontac( financed in whole or in part with Federal land~ lit this regard the contractor shall take all necessary and reasonable steps to insure that Dltl:s have the maximum opportunity to compete for and perform contracts. The contractor shall not discriminate on the basis of race, color, age, national origin, or sex in the performance of this contract or in the award of any subsequent subcontract. !tanking Services I'he contractor is encouraged to tisc the services ofhallk." owned and conflidjcd b1' Socially and economically disadvantaged individuals. Geographic Area for Solicitation of MIH.'s The contractor shall seek DBE's in the saine geographic area in which file solicifation for subcontracts and materials is made. if the contractor cannot meet the goals using D131.:'s from (his geographic area, the contractor shall as a part ol'thc effort to meet file goal, expand the search to a reasonably wider geographic area. Determination of Participation Toward Meeting the DBE Goal D13E participation shall be counted toward meeting the foal as follows: a. Once a firm is determined to be an eligible DBE, the total dollar value of the contract or subcontract awarded to the DBE is counted toward the goal. b. The contractor may count toward the DBE goal a potlion of the total dollar value of a subcontract with a joint venture eligible under the DBE standards equal to the percentage of the ownership and controls of the DBE partner in the joint venture. ' C. The contractor may count toward file DHE Boa! expenditures to Ur3l 's who )effi�1711 a y r r commercially useful function in the contract. A DBE is considered to perform it commercially useful function when responsible for execution of a distinct clement of the work of n contra,et and the carrying out of the responsibilities by actually perfomlingt, managing, and supervising; the work involved. c1, The conllactur Illay count toward the Dill: goals (10 percent of its expenditures for materials and supplies required under a contact and ohtained fionl a MIL, tepulat dcalrr, and 100 percent of such expenditure~ to a 0131: mamrfacturer, (I ) A le)�ttlar dcalel k a 1"11111 that opefalcs, or ntamfai11s t1 store, warehouse, of other estahli,hn)ent in which the Inatetrals of supplies required for the perfofntatti;e of till, conflacf are houghs, kept in stock, and fc)cularly sold to the pubtic in file w tmf course of hwJfIcs:;. •''o he a regular clearer, the firm must cnragc 111, as Its principle husincs.ti, and in ils own name, the purchase and sale of products in queslion. A r t ulal dcalcr in ,ocb hull: items,a:, :;ICCI, content, rIilvcl, stone, and petrcrlrunt pfoducts need not keep such product., in stock, it it owns of opt.%lIc; disUihution ccqurpnicnt. lifokers and packager:; shall nol he regarded as'nuunll;►chncts Of re)eular husincss dealer:; v;ilhil; the locaninp of this section (ix, a truck hauler is ,I regular dealer when the 11111) owns, operates, and maintains or leases, oprralcs, and mainfains the distribution equipment for Ihr delivery of the ahove producls to(lie public in the usual coufse of husines:;. /1cf hoc prrf01111anc.T tit) one collincto or select )!loop ofcontraclors does: not qualify as if regular dealer.) (3) A 11MI UfaCIrICCr iS it flrill 11111 01)CiriICS of maintains al factory or establishment that produces on the premises file material,or supplies obfained by the contractor(i.e., a supplier who produces roods from raw ni:lterialS w•substantially whets Ihrm before resale). e, A cortUaclot nr:ly count to�+ald the Hill, roak flue follocvinr r�.pcflditores to i)ltf: firms that arc not regillar dealers or mautul'alrtufcr+ (I ) The lees charged for(jeliver). of nrllciials and supplies required on a job site (but not the cost of'the materials and supplies themselves) when the hauler, or thicker is not also the manufacturer ofor a regular dealer in the materials and supplies, provided that (lie fee is determined by rile Missouri [department of"I'ranspor(mion to be reasonable as compares! with Ices customarily allowed for similar services. Coals for- the Amoral( of Wort: to he Awarded to U131";'s The following 1;oal has been established for this contract. The dollar value of work, supplies, and services will be based on the 1111101.1111 anlicipatccd to be paid to U131i's. for firms owned and controlled by socially and economically disadvantaged individuals (I)BE;'s)the goal for the amount of work to be awarded is*% of the total contract price. *Sec Notice to Bidders for percentage. Failure to meet the contract dal or to furnish documenlalion acct)tahlc to file Owner of efforts to nnecf this it gQaI play be caused for re0eclion ol'the hid. Iteplacemen( of DBE Subcon(ractors t subcontractor� is unable to erfonn Elie eonh•actor shall make good faith efforts to replace a U1.i1. su1 a ntlacte r Chu , t p satisfactorily will) another ll131i subcontractor, lteplacenictit firms Hurst be approved by the Owner. r� e1 APRON". t)u�unlrntaliull of Faith t';ffm L.S to 0lcr't the Dlil': ('olm;lu (;ual (•iund I';mutt rll'ntt� to ntccl lltr I)lil. t i,:rl nrly lr,�lode :,ucl; llcnt5 a�, but nrn llnutcd tu. Iht litlliio.in,. (1.) Aucrnh•d a plc hurl utc•rttnw. if any, ';ch"dilk-d hy for t t::axv NO ulfotln 1)131 '. of cnntading and Mitum facllltl,uppoltunrtrr:,• (•�) .•,�;ti i:l if,�',, II, ,���i':�I,,I � il ul.,(Ii, I,,i,!• .r, .r,, � it,,,�, Jli�! ,u� I,,�I j n•,'. i „Ir,i l.i ,II, ,k� .n'.. iitl.,�•: � bnSnu;:r:, dltcctcd (nCdril cutwellttng Ow. bUhconllacllll);r]p1)ultUllllll'b, (3) Provided written notice (rl a tcasollahle numbri of t;pcciGc DlIF's that their inleres( in the contract . fssolicited, in sufficient tints (1) allow the I)lik:':, to pacticipale effi.c(ivcly; Followed-up in initial solicilations.ctf intetest by contacting .I�J3t;s.to determine with certainty .•whether thc.DBE's were interct;(cd. . ;Selected pottions.of the woik.to be perfoimed'by D.13E's in oider`ta increase dle'likcliltood of meeting the DBE goaf(including,wherc.aPpropriatc breaiking down contracts into cconotiiicallyfeasiblc ' -units to f"acilitatc DBE participation.; (G)` • Provide interested D1.3E's adequate infoirnalion•,ibout.ltlans, specifications,and requirements of tic contract. (7) '' riti,itcif In 14tod fiii(h will) lot,'lu'o •if 11011 ::i0witt ,nand t,',i:,ott•• h.,•,.•,I r,n a Ihnrouy,ll ut:'rr,U;!,lt i„'n .,I ilt 'u ral,,tt,thh,', (8) lrtdr rH,o ; In assist inlc'ir!accl I'tlil:'s,ohtainin,' hcutchnt1, find of,m"dit 7t iosulruu•c rcquilcd by the Owner of by.(he biddrt: and (c)) M;ide effective use of the sclvia :; cif available distidviultaged business organizations,nlutortty • contractors' groups; local,state, and Federal disadvantaged business,assistance offices,,and other organizations that provide assistance itl recruitment the recitment and placenu.nt of D1311's. The Undersigned certifies that the following steps have been taken to obtain D131". participation: I./f CW_Y�'r• 2. 3. 5. G. S, ' Speciality Item Subcontract work awrded to 1.713E subcontractors not to exceed the amount specified in the proposal or the amount designated in the contract by the contractor whichever is less and not to exceed a total of 20%of (lie contract will be considered speciality items under the provisions of Sec. 108.1.1. Verifraction of DRE' Participation Prior to release of retained percentage, the contractor shall file a list with the Owner showing the 17HE's 1 ty � 17 used and (lie work performed. The list shall show rile actual dollar amount paid to each DBI that is applicable to Ole percentage particiallation established in the contract. f-aiiure on the part of the contractor to achcive the DBE participation specified in the contract may result in sanctions h6lig imposed on the Owner for noncompliance with Seclion 49 t. FR, Part 23,and Section I06(c) of the Surface'Transportation and Uniform Relocation Assistance Act of 1987. If the (oral DBE participation is less than the contract goal stated by the Owner, the Owner may sustain damages, the exact extent of which would be difficlut or impossible to ascertain and therefore in order to liquidate such damaps, the monetary difference hctween the amount of the goal stated by the Owner and the amount actually paid to the 17131:';; for performing a �. cotnercially useful function will be deducted form the contractor's payments as liquidated damages. If the contract is awarded cith less than the contract gaol stated by the Owner, that amount shall become (lie contract gaol and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond control of rile oentr•actor, the stated 171. 1:. particiaation is not met. BIDDING PROCEDURE' "['he bidder shall complete (he information required under fart A and submit with the bid proposal_ Failure to submit the completed Part A with the bid proposal may be cau:;c for rejection of the bid. Part 13 shrill be completed and submitted with the bid proposal or delivered by file 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 (3 showing DBE participation of not less than that specified by the bidder in Part A by 5;00 p.m. on the third working day after the letting will be cause for ' rejection of the low bid and the proposed guaranty will become the property of the Owner. The proposal J P i g Y P P Y P P guaranty of the second low bidder will be retr►ined under the same conditions until the Owner has detennincd that die award will not be mace to the second low bidder. If Part B is not submitted with the bid, it shall be delivered directly to the Engineer at the following address: (Insert Address I lere) �I MAiIM'f .. ,~` •T!!y7�iG1�A��."",j••k,MRI(�Cl.'y�yhq�;•�, '�iti,'•� ,�.. i M1�'1.! +'�•,,.!' �✓.a••... . .1y,',i�. .. 7 '',.y.t r l• t . ' .: .1: y' � .. � ta0i�f��4�/ G(').NII'Lli'I Thc.biddcr agrcc.; to ulihri IME's a$ follows f)f31. I'ARTICl PAT 10K. ..."_ `Yo OV 'IT TAL. CONTRA A li tu1t1f;Uti1 �l laic' __.. .(�. itl Ow .:r �fP 111woIIMDr•,r+►,�t�IpM l�ql ?*++w MwAiilIrMa+ +11!!.:' ". ': !' 1 "rar' ar• ,... �f°!D ''''�+t+�dn4ar'nr�lIM_.... frah C.<: ©6JJ�. �aG'� 7 c--etGS��in/IC3i la t• �ivr. DISADVANT'AGE'D 1111SINESS 1?�''1'h;ltl'ItIS1? (`Oti'`t'ltAC"f 1'ItC)VtStC)i�',S' IDENTIFICATIONS OI' PARTICIPATING DBE"S '11hc undersil,nr:d scubrtrfts Ihr_ folly>wfn1, list of I)Itl•.5; to 1)", oscd in al:cut>>1)1tsimq',, tic work of this cotilfac: .I he %"olk sulphur" (n ',ctvr( c, applit abl'. V,1111(' 'Ind lunt`rnf ill't(it;rl (olillarf ca(l) [MI r, Ili per f0m, 111utr'.I1 is as Ialle7ws 1111: "� of (;:Unlractot Ucticrtl)(lc;n ."r Valuc of 1)(111,rt Value htnouttt car Supplim, of worY., war k, Applir;>blc Applicable• %of (Ntitne and Supplies of Supplies of to DBE, tO DBL, Tourl j�ciclress 5.,cvjs:P oal_ _C�t�trsjct X- 2. 4, G. 9. 1 p. TOTAL DLit PARTIC IPATION $ D/o (company) Date: . --� e -p 2. fay __r _,. � ,•-14 ,A (Signature) (Title) 11111 loom WR ai 2 COMMUNITYTDE'IELt)PMENT SE'CT'ION X Cl"RTIFICn'I'lON RI CihRDING DISBARMI'.NT, 1.-L1J ill3llXl'Y, INDIC'I'MI;NTS, rr CONVICTIONS Olt CIVIL. JUDGMEWI'S 1® '111C prCSldC1lt of authorized official or bidder, under penalty of perjury under the laws of the United States, certifies that, except as noted below, the company or any person associated therewith in the capacity of owner, partner, director, officer, principal investigator, project director, nianagCr, aUditOr or any position involving the administration of federal funds: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible b an I g Y Y federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had it civil judgment rendered against (it) by a court of competent jurisdiction in any manner involving; fraud or official misconduct within the past 3 years, (Insert any) Exceptions, if ) p } ■d Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate below to whom it applies, initiating agency, any dates of action. Providing false information may result in criminal prosecution or administrative sanctions. NOTE: The above statement is part of the proposal, Signing this proposal on the signature portion thereof shall also constitute an endorsement and execution of this certification. t . •�tv'�+}4��:�''t}}• .• : i,' ..; t;l\.•.;}...*},• ;f1�`''�• `• r ,F • .•...•, .:•'• :; ., C': '• ,• +,r•• •,;••�aN ° `y'•�y'r,i-.Ci''+'cY�Xlt• �'I JJ \��`r.{,r!'S♦ �"� . L'+l: ll'f1. r 44.,, �..i, �:1:,1ia!1�f1Ltii. ' >' 11•. +�(i•-,'^},+t :{1.wf •,+ 1t.•• 'f , OWN ,Oct'bb(,r,1977.41..,, r: CI:iCHI ICA'I.1ON PIiGARDING i QUAL OPPORTUNITY AND AI'I IR,`11 ft�'I. AC.°PION I1�''51113C'C)N l'l?A -TING (1) Ccruficalioll mill rcf;aill to I't:rfoliliallcr of!'try loll', C'onlracti,or Sub. onbacts suhjrcl to Illy i�(1ur11 r)illxrticulilt' ('Inu•,r 11111! ihrlilln);ul I?cqulrc•d Rclmlt•, 1 11( h1r1,1+ 1 1)1111,+, ,I ,lilt• c,nll:f(InI he 1c'bti rrrlifir•, Rent hr Im" !® ' i"r. nol 1x,1111 Ili 11-1 Ill .i of ',III, I •Ill is , 1�, Ill q . oppoltunity ciao ,c , ;I, n �u11rd 1(•, I \xi Jilnr• t)1drl • Iii'}?',, 11 1 1 1, m I 1 14(), and 11411 he hw, _......_._.___.. has not rlh the Joint ?epur(rnl ('ununtec, (he Director of the Office of I• deral t Contract Compliance, a Rderal Government cont r.►ctifill,or administering agency or'Ihe formerl'resident's ' COIIIflliIICC on Equal 0pI)0I0mily, all reports due uncler (11e applicable filing, requiicnients. Note.; This certification is by Ilte Equal Employment Opportunity IZcgWations of the Secretary of I:abar(4 t Cf R Ci0-1.7,(1:3)(1),1111(1 Lutist be submitted by bi(iders.and proposed subcontractors' only in connection with contracts and subcontracts whicl►are srabjoct to the equal oppbrturuty clause. Contracts a11(1 subcontracts which ate exempt (10111 (lie equal opportunity clause are scr forlh in 4( CIT 60- I.5 (Gcncrally.only contracts or subcontracts of$10,000 or under are t•.Nempt) Currently,Standard Form 100 (l;f:C1-i.) is (lie ottly relxut required by(lie Executive Orders or their • •• itnplcntcittitrg;'rc�ulations.• . • .. . I'roposctl priors contr;mors gild subcontractors who I►avc parilcij)aii(t in a j)rcvious contract or subcontract stibject (o tl►c Exccuiive Orders and have not filed (1►c required reports sl►ould note that 41 CFR bU 1.7 (13) (1)'prevents'thc award of contract ,)fill StlbCOnll-acts unless shell contractor subinits a'report mrllny, 111" (felln(l1will Iw fwd 0( •,u• 11 p-11o41 "pok lhod I,\ Ihr Fcd­i;iI Ilip,,1m;n Aclnunr;limlon (if. h\ Ihr ' I)Ilectol, 011we of fc(irI.11 I'o1111;1ct t'ompli ll(f% l! S I4-paltnx•nl of I.aho1 ( !) Ce'lllfirnlion Avoll Irpa1cl lu Intent to mlh,onlm( I a polllon lit lilt. woi). ,111d afIilillative a(•tlon 10 ' consider mmorky business enlclprlses as potentral.subconlracvors. a. 'l lle bidder liereby certifies that: dues not intent to subcontract a porliorl'it' lie tvorh. he(foes intend to subcontract a portion of the wort;. (Bidder to check appropriate box.) • i If in the affirmative, the bidder certifies that he has made contact with potential minority business en(erprisc subcontrac(ors to affil nlanvelN.solicit (hell interest,capability, and pliers on the items he Intends to subcontract, nild ;hall doi.omen( tilt• results of such contracts NOTE' A hiclder's Gnlur; to , Ilrnul Ih1!, certification of !,llhlue;r.IOn of a false Certification shall render hi; bid nonresponsive. H. If the Contractor reyuc sts pero►ission to submit wml:, and 11as not none so(luring;the bidding stal;t., he shall I:0x the;Jitrm;rbve a(lions w(jutred of b1d(Icn, in l'ara),,raph A No subletting; wil! be approved unless file C'olllwc for denwnstra(es that he lu►s taken such allirnrltive action. C. The Contractor shall (icsil hate a liai.ion officer who will administer the Contractor's minority business comprise propmm. The name, address, and telephone number of(lie designated officer shall be furnished (lie enl;incer in \%•I itinl; upon request, ,.4r,r�✓,•Ix¢.. ,°t. .,t'•�i�,r�c�p}ql„�r�.,.u• .�•.•d r .-!S(f�Y1r: •,�'� p.-. •r.: .;:•. r;n;,,;L, „ •i ': �r �: tia� { t,.�•y',r,,.. r�.��, hy;,t'i aq's;.,;.•F.:i»,1j. ��r�K�. is � +ai;' �. .• ' •�., ! .' :. -, :, 1 '. - r•,' ��,! ,�;i �; � ,in r •�r�LF+ � :; `•..r� n. �.►: ;. jai.>r,.ti�:rylik*v�r +•►"r4i�f,�li�'�4+!1 :f�'Y�I��� `I?�[�7{J. ►"�'� �" dtk�'•►y1{�h• diiM,�9hd!/+ a�:{+ :i}, . • ­NOTE: The rcijiiirorti4irts cgn(ainctl Irc�cip arc irl accord,�►icc t%,ith ilia f cdcrhl'Hi ln�t►v`Adrrtinistrntion Federal.Ai'd Higliw;q 110gram Manual,(Trailstllillal.164, Novembdr 3. 1975)Vglunte 6,;Clrapler4,SecUan,,:�.� •'Siibse�tion K. varai;rnhh HC (2) (3)and(1), Ali' r: .. , • , page 1.of 2 . ADDENDUM NO. 1 ISTEA PROJECT NO, STP.3100(509) SOUTH SCHOOL, PEDESTRIAN/BIKE TRAIL AMARCH 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: BY: rk cr TITLE: _ S '' �C�+. CITY OF JEFFERSON, MISSOURI e PATRICK E. SULLIVAN DIRECTOR OF COMMUNITY DEVELOPMENT MARTIN A. BRO SE DIRECTOR OF TRANSPORTATION cry OP jum ERSON PROPOSED['I IASE 2 SOU•I'II SCI1001,P[?U>aSTIt1AN/t31K[s'1'itA1L 1S'1•EA PROJECT NO S`i'P-3100009) MiC0 f'ROJI-TT NO, 404-017 MARCI 1 12,2002 AU1.)I-.NUI1M No I TO: Prosivi; ive liiddets and Others Concerned The original plans, slxc►lications and conlract documents remain in full force; nd ell'cct except as revised by the (bllowing chances, which take precedence over any wording, to the contrary m the contract documents. This addendum shall be attached to the bidder's proposal and contact docttmenis and acknowledged on the prormsal as having;bmi received ftcm It Plans. Add Note to plan sheets number 2 14, Contractor shall be[said per Iincar feet of curia and butter necessary to consintct handicap curb cuts eat various locations throughout the project. F�MrISSp���'i', END OF ADDENDUM NO. 1 �,���Q'�.• U.p/'.,� w SCOTT E. VOGL.E1� _ __ :'.�, • E-22510 Scott E. Vogler, P.L. 112510 �.�"TFd'p�. ••''�ZP��O� y J VVV y Qf $ ADDENDUM NO, 1 RECEIVED AND ACCLI IT.13[3Y: cp ' Signature ��� Date AFFIDAVIT COMPLIANCE WITH PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of stale of _A _ , personally came and appeared NAME POSITION of the NAME OF COMPANY (A corporation) � a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 2.90, 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 bean 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 Counly issued by the Division of Labor Standards of Missouri on March 9, 2001 and last modified in July 2001, in 1 carrying out the contract and work in connection with Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail located at Jefferson City in Cole County, Missouri, and completed on the day of ' 20 , • �� � SIGNATURE rSubscribed and sworn to me this day of , 20 NOTARY PUBLIC My commission expires: STATE OF MISSOURI )ss COUNTY OF _ ) r PREVAILING WAGE LAW R5Mo Chapter 290 The following is the Missouri Prevailing Wage Law from Chapter 290, Missourl Revised Statutes, 1987, 1986, 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, erilargernent, alteration, painting and decorating, or major repair, r (2) "Department" means the department of labor and industrial relations. (3) "Iocallt " means the county where the physical work upon public works is performed, r except that if there is not available in the county a sufficient number of competent skilled workmen to construct the public works efficiently and properly, 'locality" may include two or more counties 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 will the state highways and transportation commission, 'locality' may be construed to include two or more adjacent counties from which workmen may be accessible for work on such construction. r (4) "Matntanance viork" means the repair, but riot the replacement, of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased. (5) "Prevailing hourly rate of wages" means the wages paid generally, in the locality in which the public works is being performed, to workmen engaged in 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 the contractor or subcontractor is not required by other ' federal or state law to provide any of the benefits; provided, that the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the department, insofar as sections 290.210 to 290.340 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 and 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 (8) "Workmen" means laborers, workmen and mechanics. 290.220. Poll declared.-It is hereby declared t the policy o e s Policy y e o be e po cy f lh fate of Missouri that a wage of no less than the prevailing hourly rate.of wages for work of a similar character in the locality.in which-the work is performed shall be paid to all workmen employed by or.on behalf of any . r public body engaged Jn public works exclusive of maintenance work.. 290.230. Prevailing wage rates rB;ulced on eonstructlon of public works.--1. Not less khan the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, and riot less Lhan 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 construction 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 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, Incorporation Into contracts-failure to pay, penalty-complaints of violation, public body or prime contractor to withhold payrnent.-Every public body authorized to ' cmitract for or contrit•I public 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 type of work called for by the public works, In the locality where the work is to be performed. The 2 ' uepartment' snail determine the prevailing hourly rate of wages in the locality in 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 dontract, 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 exeCLUon of the contract. 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 be 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 on 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 . agents and officers, to take cognizance of all complaints of all vtolatlons of-the provisions of..sections 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, the 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, determination.-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 copy of the determination so made shall be filed immediately with the secretary of ' state and with the department in Jefferson City. Copies shalt 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. 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. S. 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 time of the original determination which formed the basis for its determination. The department, 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. 7.. 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, whether or not the person participated in the proceedings resultingIn 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. 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 oourt, except election contests. 290.262- Determination of hourly rate by location and occupation title, when made., where filed-objections, hearings—final detemInation-notice to department by public body, when.-l. 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 each 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 ' 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 %+tth the secretary of state and t.h� 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 hearing 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 time of the.original determination which formed.the basis for its determination. The department, or the objector, .or.any interested party, thereafter may introduce any evidence that is material to, the issues." conclusion of the hearing, the department shall rule on the written 6. Within twenty days of the con n g, p 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. J. 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 to this section. The wage rates for any particular job, contracted and 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 niinlrawn 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 Art of 1938, as amended. 290.265. Wage rates posted, where:A clearly legible statement of all prevailing hourly wage 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 public works projects under the provisions of this law and such notice shall remain posted during the full time that any such e workman shall be employed on the .public works. 290.270. Declaration as to revalling ua er, final-maArriu�r� wages and hour; not limited.-The n 9 9 finding of the department ascertaining and declaring that prevailing hourly rate of wages shall be final for the locality, unless reviewed ender the provisions of sections 290.210 to 290.340. Nothing in sections 290.210 to 290.340, however, shall bti 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. Adminlstratlon of oatlmsubpo2nas­*n1brcen. ent of subpo,.,n,as.-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-�affidaylt of compliance requ)red—signs on motor ' vehicles and equipment, requirements-temporary stationary sign, when—exception.-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 , 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 (or the period of one year following the completion of the public work in connection with which the records are made. 2. Each contractor 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 final payment untii such affidavit is filed therewith in proper form and order. 3. Each contractor and subcontractor engaged in any construction of public works 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 motor 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 inches. In'cases where equipment is leased or where affixing a.legible 'sign'to the equipment is impractical, the contractor may place a temporary stationary sign, with'the. . 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, rule 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 not apply to construction of public works for which the contract awarded is in the amount of two hundred fifty thousand dollars or less. e290.300. Actions for prevailing wages by workman authorized.-Any workman employed by the contractor or by any subcontractor under the contractor who shall be paid for his services in a Burn 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 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 suit for wages, and any and all judgments entered therein shall have the same force and effect as other judgments for wages. ' 290.305. Rebates by workmen prohibited, exception.- No person, firm or corporation shall 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 engaged, 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 this 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 wage Is determined prohibited.-No public body, officer, official, member, agent or representative authorized to contract for public works shall fail, before advertising for bids or contracting for such construction, to have the department determine the prevailing rates of workman for'each class of-work called for by the public works in the locality. where the work is to be performed as provided in sections 290.210 to 290.340. 290.325. Awarding contact or payment without prevailing wage determination prohibited.-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 the 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. Notice of violation, failure to comply, attorney general shall sue, Injunctive relief authorized.-If it is (mind that a public body, contractor or subcontractor has not complied with any of the 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 compliance therewith as the department deems necessary. After the expiration of the time prescribed in said nod e, 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 fully complied wlft The court may issue a temporary restraining 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 enforcement 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 injunction proceedings. 29 0.340. Penalty for violatlon.-Any officer, official member, agent or re resentative of any P ublic 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. Dennitlons.-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 Mate, 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 months 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. 9 290.555. Law to apply to certain ro ects.-Sections 290.550 to 290.580 apply to all labor on RR y P j public works projects or improvements, whether skilled, semiskilled or unskilled, and whether manual 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-exceptions.-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. 290.565. Law not to apply to certain personnel..The provisions of secdons'290.550 to 290.580 shall not apply to regularly employed nonresident executive, supervisory or technical personnel. 290.570. Federal projects, statutes not enforced, when.-In all contracts involving the expenditure of federal aid funds, sections 290.550 to 290.580 shall not be enforced in such manner as to conflict with any federal statutes or riles and regulations. 290.575. Penalties for failure to use certain laborers, when.-Any person who knowingly fails to 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. Department to enforce law-injunctive relief, when.-Sections•290.550 to 290.580 shall 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 r Rules of Department of Labor and Industrial Relations DiN ision 30 = Division of Labor StanJards Chapter 3 - Prevalling Wage Law Rules 8 CSR 30-3.410 Prevailing Wage Rates for Public Works Projects PURPOSE: This rule sets./brth prevbiling wage requirements relative to work perforated by workmen on puhlic.funded prujects. (1) Ail public bodies-of Missouri contemplating construction work must,obtain from the department an annual wage ofder'which.sets forth of the prevailing )sourly rate of wages in the locality. The rates so determined shall be incorporated in the contract specific bons 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 department 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. e (3) A project no6ficarion form PW-2 must be flod 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 rprovides 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 particularcons»M. t (5) It should be understood by aU interested parties 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 otber records of each contractor or subcontractor as may be necessary to assure compliance with the'provisions of the law. In connection witb those examinations, particular, attention. should be given to'.the correctness of classifications and any disproportionate employment of any workers. The examinations shall be of a frequency that may be necessary to assure conformity with the ' provisions of the law. An examination shall be made 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 65101 or by telephone. Woodman Engineering Companv v. Butler, 442 SW2d 83 (Mo. App. 1969). The function of reviei4 ng court in prevailing wage cases is to decide if the determination of the commission was authorized 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 ofMlssourl, 329 SWId 687(Mo. en bane 1959). Administrative agencies do not have authorlty to determine constitutionality of legislation. Determination of prevailing wage earnings by commission must be hosed upon all current relevant factors. r 2 t 8 6R 30-3.020 Definitions PURPOSE: This rule sets forth the definition of certain terms for purpmr,c of issuance and use of annual and general wage orders under the Prevailing Wage ln►v, sections 290.210 - 290.580, RSMo and the rule-5 in this chapter. (1) The term construction of public works generally includes construction activity as ,distinguished from manufacturing, furnishing of materials or servicing and maintenance work The term includes, without limitation, the construction of building, structures and improvements of all types, such as bridges, dams, plants;highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, 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 terms construction of public works also 'means all work done in the construction or development, of a public works project, including without limitation,.altering, remodeling,demolishing existing structures, installation on ihe'site of the construction of items fabricated off site,painting and decorating,,the transporting of materials 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, articles, supplies or equipment on the site of the construction by persons employed by the contractor or subcontractor. (2) The term 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 permanent 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 materialnman which arc established by a supplier of,tnaterials 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 where the'operateons 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 and 'Trainees PURPOSE: This rule sets forth the requirements for the payment Qf apprentice wages for workers erployed 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 Training; and apprentices and trainees registered acid participating in apprenticeship and skill training programs certified by the Secretary of the United State Department of Transportation as promoting-equai opportunity in connection with federal-aid highway construction programs, (2) Apprentices shall be permitted to work at less.1han the predetermined rate for the class or type of work they performed when they are employed pursuant to and individually registered in a honafde apprenticeship program registered with the United States Department'of Labor, Employment 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 registered 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 apprentice, 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 that) 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 performed until an acceptable program is approved. 3 Trainees will not be permitted to work at less than the predetermined a th ' ( ) p p rnitned rat for e 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 Maid at not less than (tic rate 4 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 determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed 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 approved 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, arty trainee performing work on the job site in excess of the ratio pertnjtied 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 projccts'may'bepaid at'an apptcntice 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 111 In-the event the Secretary.of Transportation Withdraws approval of a program, the contractor will no longer be permitted to pa'workers less than the applicable predetermined rate for the work performed until an acceptable program is approved. 8 CSR 30-3.040 Classifications of Construction Work PURPOSE; The Department of Labor and Industrial Relations has i1w responsibility under section 290.260, RSMo to determine the prevailing hourly rate of wages to be paid to workers engaged in work of a similar character. This rule establishes classifications 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 works construction, for which the prevailing hourly rate of wages of workers are to be determined, shall be classified as either -- ' (A) Building construction; or (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 equipment. s (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 are built aboveground in connection with highway, subrway or tunnel projects, such as tool stations or housing for mechanical equipment; (E) Excavation for the building itself, including backfilling inside and outside the building; (F) Stomi and sanitary Faryers inside the building and to the curb line; (G) Work in connection with telephone, electrical, water, oil, gas or fuel lines, or other utility or communication lines insides 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; t (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 buildings) as part of the site preparation for new building construction; ' (M) Landscaping of building sites or the planting of all shrubbery that is incidental to building construction as defined in section (2); and ' (N) Work on water and wastewater treatment plants within the fence line. (3) Highway and heavy constriction shall mean the following: (A) Work in conjunction widi roads, streets, parkways„ a leys 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, 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; 6 i (C) Work in connection with underground construction on tunnels and shaft; (D) Railroad work in its entirety, including cicvatod railroads; (I✓) Main and side sewers; (F) Work in connection wid) 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 the curb line; (N) Sidewalks when poured incidental to a street or road project; (1)' Parking lots not incidental to a building construction prcject;,and (J) Demolition of all buildings as part of site preparation for any highway and heavy construction as is otherwise defined in section(3). 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 Law. (1) Contractors and subcontractors engaged in public works projects shall post the prevailing hourly rate of wages in a dry, accessible place within the field office 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 tong 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 clearly legible condition for the duration of the public works project as provided by law. t S CSi 30-3.060 Occupational Titles of Work Descriptions PURPOSE: The Department of Labor and Industrial Relations is rquircd to determine the prevailing hourly rate of wages to be paid to each worker engaged in construction on a public works project, relative to the tyre of work performed by each worker. This rule describes by occupational title the type of work performed in the construction of a public works project in Missouri and sets forth the procedures to be followed in identifying each occupational title utilized on a public works project. (I) 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 considered within the construction industry as constituting a distinct classification of work: In dcterinining occupational titles and scope of work definitions,the department shall consider the following: (A) Collective bargaining agreements; (B) Dictionary of Occupational Titles, as published by the iJnited 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 Missouri. (3)Any person wishing to add, delete or modify an occupational title of work description shall P P 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 descri lion of the physical duties to be performed b workers under the title; P P Y Ix Y , (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; , 8 (F) Evidence that the proposed occupational title of v✓ork description is for a type or class of work that is cornmonly utilized by the construction industry on building or heavy rand highway construction projects in Missouri;and (G)Other information concerning the proposed addition,deletion or modifcation as the director of the Division of labor Standards may deem advisable under the circumsianm. (4) Interc;,led parties who wish to submit wage information to be used in emblishing the prevailing hourly rate of wages for a particular ctp,a or type of work arc required to identify the worst according to the applicable occupational title of work description set forth in this rule. Hours of work reported to the d r anent stall nay be used to establish the prevailing hourly rate of wages if the party submitting the hrurs of w&,d fail✓to identify the wa,-k under o. c(1)of the occupational titles recognized by this rule. (5)Any question,as to the proper cLmmifeatim of work ohould be resolved before-the work in question is commenced. Interested psrtics arc c,=w sgei to contact the Prevailing Wage Section of the Division of Labor Standards for an inlegxMflon of these rules and for a delcrmination of the appropriate occupational title of work description jelative to the-class or type of work to be performed. 6 The occupational titles and work descri dons for each or claw of work contained ( ) P P type herein are valid throughout the entim state of Missouri. Through an objection to a wage order, an interested party may assn rt 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 occupationaJ title, but shall be afforded the opportunity to do so in a hearing on an objection to the wags: order before the Labor and Industrial Relations Commission. (7)Occupational titles of work doscriptions may be.obtained from the dzpzrtn=1 by written request to the director of the Division of tabor Standards, P.O. Box 444,Jef e=City, MO 65102. (8)The occupational titles of work descriptions set forth here are as follows: (A)Asbestos Worker/Heat and Frost Insulator---Applies to workers who apply insulation materials to mechanical systems to reduce los,or ebr ipdion of best. prevent tmo€mmre condensation and to deaden sound and prevent vibration. The workers remove all insulation materials from mechanical systems unless the mocimical b-ystcm is being scrapped. The work falling within this occupational title of workk. desrrption includes: ' 1. The preparation, including the building of enclosures and hanging polyurcthane,and physical distribution on the job site of asbestos,cork, plastic, magnesia or similar rmterials,or other materials used as a substitute,and used as thcmial insulation. The manufacture, fabrication, assembling, molding, handling, erection, sprnying, pouring, making, hanging, application, 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 felt, asbestos paper, asbestos curtain, asbestos millboard, fibrous glass, foam glass, Oft styrofoam, polyurethane, polystyrenc, metals, plastics, fibrous matter, roving and resins, and the erection of scaffolding up to fouriccn fect (14% working platform; 2. The covering, including encapsulation, of boilers, 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 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. (After drop, final disposal is considered to be the class or.type of work falling within the occupational title of work description for second semi-skilled laborer.); (B) Boilermaker-Applics to workers 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 pans to specified positions; 3. Aligning structures or plate sections, using plumb bobs, levels, wedges, dogs or turnbuckles; 4. Drilling, reaming, chipping, caulking and grinding,of structures and sections and bolting or welding them together, S. 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-up, impact machine operating, unloading and handling of material and equipment where power equipment and rigging arc required; (C) Bricklayers and Stone Alason--Applics to workers who prepare, lay, set, bed,point,patch, grout, caulk,cut, fit,plumb, align, level,anchor,bolt or weld brick,stone,masonry,precast aggregate panels and all types of artificial 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 • 1. The unloading of brick, stone masonry, precast aggregate panels and all typa-3 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, 3. The reinforcing of masonry, including 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 masonry; i .6. The waterproofing of all types of masonry; and ■ 7. The cleaning, tuckpointing, sandblasting, steam cleaning and Gunile work on all types of masonry; (D) Carpenter—Applies to workers who construct, erect,install and repair structures, structural members,and fixtures made'of wood, plywood,.waIlboard and materials that take the place of wood, such as plastic; metals, composites, fiberglass,and Transite sheeting and Cemesto Board, using carpenter ha rid tools and power tools. The work falling within this occupational title of work description includes: 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•offmachines; w concrete o S (except curb fornis on heavy construction), 2. The making and setting of all f nn, (c cpt vY ns on), including establishment of building lines or flow lines(box culverts, bridges) including footing forms. The making of all forms used in till-up construction. The layout, installation and construction for wall forms and footing forms, all block-outs, wood or steel, layout and installation of all embedded items; 3. The building and handling of scaffolds used by carpenters to work from. All scaffolding, constructed or assembled, fourleen feet six inches(14'6") and higher for normal or specialty uso--regardless of purpose; 4. The building of rough wooden structures, such as concrete fornts, 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 rule, framing square and calipers. Mark cutting and assembling lines on materials, using pencil,chalk and marking gauge. Shape materials to prescribed measurements, using saws,chisels and plants. ' Assemble, cut and shape materials and fasten them together with nails, dowel pins or glue. Erect framework for structures. Verify trueness of structure with plumb bob and carpenter's level. Apply decorati%•c paneling to walls; ' it . 6. 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 frames in which finished frames are inserted) in building framework and brace them with boards nailed to framework. Install pallet racks and metal shelving. Install subfloonng in buildings. Install insulation such as bait, board, safing, themial, styrofoam, sound attenuation, fiberglass when the installation of the insulation material is not being applied as an integral part of the roofing systcrn. Nail plaster grounds (wood of metal strips) to studding. pit and nail sheathing on outer walls and roofs en buildings. Install beams and trusses of wood laminate; 7. The making, handling; and setting; of all frames, sash, blinds, trim and other fixtures (for example, cabinets, bookcases and benches), when made of wood or any wood substitute. The handling and assembly of chairs, scats, bleachers and benches and other furniture in theaters, halls,'schools and olher 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; 8. The installation of wood'and metal studs and exterior panels; 9. The handling, cutting, sawing, fitting of drywall (shectrock) and lead-lined drywall whether for walls;ceilings, floors, soffits or any use, no matter how installed—nailed, screwed, glued or 1 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 cgg crate ceiling systems in its entirety(hanger w)re. grid, molding, tile) whether vertically or horizontally installed; 11. The installation of all builders hardware eve description. The including door tracks of n' P 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, rollup garage doors, overhead doors or rolling fire doors, automatic doors, channel iron door bucks, glass sliding and bi-fold doors; and 13. The installation of access flooring, computer floors and raised or elevated floors. Install 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: 1. 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 roquiring finishing, using handtools 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 sealer 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 troweling; 6. The sandblasting or water blasting for architectural finish or preparatory to patching; 7. The cutting of joints with concrete saw for the control of cracks in buildings and sidewalks, driveways,'and curbs and gutters contiguous to buildings;and 8. The setting of concrete curb, gutter and sidewalk forms one(I)board high up to twelve inches (iF) Communication (Electron lc/Telecommupkation)Technicia"PP lies to workers who install, inspect, repair and service electronic and telecommunication system. The work falling within the occupational title of Communication (Electronic/Telecommunication)Technician includes: 1. Installing, repairing and servicing of radio, television and recording systems and devices; systems for paging, intercommunication,public address, wired music, clocks, security and surveillance systems and mobile radio systems; fire alarm and burglar alarm systems; 2. Wiring f low-volts c surface wiring and wiring in nonmetallic conduits and incidental g g B g 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 tine. These frames are 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 terminatc at the distribution frames; ' 13 6. Installing, repairing common equipment or key service unit, or a combination of these. This equipment consists of a backboard assembly and an equipment mounting frame, which arc utilized for connecting external telephones; 7. Installing, repairing, servicing of the instruments, terminals and acts, or a combination of these. ' This equipment is at either end of a circuit, or at a subscriber's or user's tern-iinal; 8; Installing, repairing;, servicing, or a combination of these, of the ancillary or add-on equipment ' such as bells, buzzers, speakerphones, 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 between floors of building; distribution cables installed on each floor of building in the floor or the ceiling, and inside wires between the telephone and the connection to the distribution cable; (G) Electrician--Encompasses Two (2)Subclassifications as follows, Inside Wircman and ... Ou.tsidc Line Construct ion/Li ncman: . 1. Inside wireman pplics to workers who arc responsible for installation, assembly, construction, inspection, operation and rcpair'of all electrical work within the property lines of any given property (manufacturing plants,commercial buildings, schools, hospitals, power 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 (tic service conductors arc 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 falling within this occupational title of work description includes: A. Planning and layout of electrical systems that provide power and lighting in all structures. This includes cathodic protection systems utilized to protect structural steel in buildings and parking structures; B. Handling and moving of any electrical materials, equipment and apparatus on the job site where power equipment and rigging are 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 equipment; D. MeasuHn , cutting, bending, threading, formin g, assembling and inswIling of all electrcal raceways (conduit, wireways, cable trays), using tools, such as hacksaw, pipe threader, power saw and conduit bender; ' E. Installing wire in raceways(conduit, wircways, troughs, cable trays). This wire may be service conductors, feeder wiring, subfecder wiring,branch circuit wiring; , ld 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 tclecommunicanon installation; G. Splicing wires by stripping insulation from terminal leads with knife or pliers, rvisting 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 eleorical/fiber optic equipment (AC-QC motors, variable frequency drives, transformers, reactors, capacitors, motor generators, emergency generators, UPS equipment, data processing.systems, and annunciator systems where sound is not a part thereof); J. Installing of raceway systems utilizing conduit,,conduit bodies,}unction boxes, device boxes for switches and receptacles. This also may include wiling systems utilizing other methods and materials approvcd by the National Electrical Code(MC cable, AC cable, BX or flexible metal tubing or electrical nonmetallic tubing); K. Installing of main service equipment, distribution panels, subpanels, 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, ventilating, air-conditioning(HVAC) temperature control, energy management systems, building automation systems, and electrically or fiber optic oNraled fire/smoke detection systems where other building functions or systems are controlled; M. Installing onduit or other raceway greater than tent feet I(Y when used for the following: fire g y8 � ) g 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 and 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—line construction/lineman Applies to workers who erect and repair transmission poles (whether built of wood, metal or other material), fabricated metal transmission lowers, outdoor substations, switch racks, or similar electrical structures, cloctric cables and related auxiliary cyuilmicnt for high-voltage transmission and distribution powcriines used io conduct 15 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 anti materials to and from (lie fob site. The frarning, trenching, digging and backfilling of vaults, hale` and poles and anchors (by hand or mechanical equipment), 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 systcros, cathodic protection systcros and ball field lighting systems; and C. Lineman operator- operates equipment used.on the outside line portion of a project. The lineman operator assists linemen in the perforrikancc of their work but does not climb or work out of any type of aerial lift equipment. The lineman operator does not perform any work that 'requires the use-of hand tools; D. Grotindman work performed on the ground to assist the journeymen outsidc-line construction/lineman 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 riot use hand tools; 3. The occupational title of electrician may include in a particular wage determination the subclassifications of lineman operator, groundman powder man, groundman, or any combination of these. pursuant to section (6). The description of work and corresponding wage rates shall be established pursuant to the proceedings set forth in section (6); (N) Elevator Constructor—Applies to workers who assemble and install electric and hydraulic freiVht 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 perionninll work within this occupational title of work description, from the time that equipment arrives at, or near the building site; 2. The wrecking or dismantling of elevator plants, to include elevators, escalators, dumbwaiters, moving walks and all other cquipment 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 ibackfiliing 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 handpowercd elevators; dumbwaiters, residence elevators, parking' garage elevators); and the assembly of al.l escalators, moving,walks and link bell carriers; 16 r S. The erecting and assembly of all theater stage and curtain equipment and guides and rigging to them, organ consoles and orchestra elevators; 6. The installing of all wiring, conduit and raceways from the first point of attachment of main feeder terminals on the controller to other apparatus and operating circuits; ® 7. The operating of temporary cars; and 8. The installing of all elevator enclosures, fronts, facial, sills, frames and bucks; (1) Glazier—Applies 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, tcrrrpered 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, moulding rubber, cement, lead and all types of mastic, or other materials used in place of same. The workers performing work within this occupational title of work description install these materials in windows,'louvers, doors, partitions, skylights and on building fronts,walls,ceilings and tables, whethcr*the materials arc set in wood, stone,ccmcnt.or metal of all lypcs. The work falling within the occupational title of work description includes: 1. The installini, 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 woad sash with glazier's points, and the spreading smooth of putty around the edge of panes with a knife to seal joints; S. 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; b. 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 8. The installing, cutting and removal of all window ,glass, plate and all other types of glass, including stuctural glass, mirror glass, tempered and laminated glass, safety or protection glass, ail types of insulating glass units,all plastics or other similar matcrials when used in place of glass ' and when set or glazed with putty, molding rubber, cement, lead and all types of mastic, or other material.-, used in place of same; ' 17 (J) Ironworker----Applics to workers who perform work in connection with field fabrication, erection, or both, installation, removal, wrecking and dismantling of structural, architectural and reinforcing iron and steel, ornamental lead, bronzc, 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: 1. Structural. The unloadin g, erectin g, bolrng-up, p luribin -u)• welding and 111sialling of structural steel, including any field fabrication; 2. Reinforcing. The unloading, carrying, placing and tying of all concrete reinforcing;, such as rc- bar, wire mesh, expanded metal or post tensioning cable (including the tension process)or prestress cables when installed on the fob site; 3. Rigging. The unloading, moving, handling,placing and setting of electrical machinery and equipment when rigging or power crluipmcnt, or both, is used (with the exccption of setting of electric motors).. The assembly and erection of radio and television and other structural steel towers(with the exception of efoctricat transmission (owers). The unloading, handling,moving and placing of machinery to be assembled or dismantled,erected or installed to its approximate ' position (over the anchor bolts); 4. Windows. The installation of metal windows (with the exception of store fronts display A windows), curtain walls and metal panels. The caulking of metal-to-metal joints and metal-to- brick, 5. 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 ' buildings when they come in a package unit, such as Butler, Delta, Varco Pruden or other name brand packagcd 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 doors for gates manually operated and all elevator 1 enclosures, fronts, facias, sills, frames and bucks; 9. Precast. The unloading and installation/erection of precast bridge girders, single T's, double Ts, top panels and tilt-up slabs;and 10. Othcr. The installation of all 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, gates, handrails, window grills,jail and cell work and chain link fences, The installation of dry 18 storage bins, hoppers, chutes and conveyors where sand orc, coal or any dry component is stored or transferred. The erection, installation, removal, wrecking and dismantling of bridges, viaducts, cableways, tramways, monorail transportation systems. The erection, installation, removal, wrecking and dismantling of locks, gates, meta) fornis, railings,(including pipe). The cruction, installation, removal, wrecking and dismantling of frames in support of boilers. The installation ol'inctal siding and metal roof decking, regardless of the fastening method, or the ribied to which it is fastened. The handling, burning, welding and tying of all malcHals used to reinforce concrete structures. The installation and erection of TV and microwave towers, self- supporting tower, or gtiy towers. The installation of metal guardrails with metal posts and highway signagc: (K) Laborer---Consists of providing routine manual labor. This work encrmipasses several subclassifications;with the title and work description considered in light of whether the public works project pertains to building construction or hcavy/highway constn:ction. 1. Building construction. The subtitles falling within the occupational title of work description for laborer, as applicable to building construction, are as follows. A General laborer. The work falling within this subtitle of work description includes: (t) 13cing inc hidc-d in one of the following categories: flagmen, heaters, material plant man, carpenter tende,, landscaper, signalman, wrecker (old/new structures), form handler or posihole dittt,er. (11)Clearings Noel clearing of all debris for all crafts, loading and unloading, conveying, distributing, construction material by hand and collecting and hoisting debris, backfiiling, grading and lawlscapin�, by hand; (111)Covering of tanks, structures 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 matchal handled by workers falling within the occupational title of work description for laborer; (iV) Providing drinking water. Ifandling and cleaning of concrete chutes. Cleaning of concrete spills and chipping where hand tools are required. Performance of work nocessmy in remedying defects in concrete caused by leakage, bulging, sagging or shifting of forms when finishing tools arc not used. Jackhammer and paving breaker,air compressors, motor buggies, pumps(removal of water), except sci-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 ' nonpressurized conduit, or a combination of these, for the carrying of storm water,waste, sewage, gravity flow lines,catch basins and manholes, effluent 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, rirst scnusktll laborer. The work falling within this subtitle of work descnptioit includes: hod- carners, plasterers and cement mason tender~ (who assist bricklayers, plasterers and ccmcnt masons) The mixing, packing, wheeling and tempering of mortar and fire clay. The mixing, handling and conveying of all other matenals used by bricklayers, plasterer, and ccrncnt masons (for example, brick, tile, stone and cast stone),whethcr done by hand or using a forklifl (walk bchrnd or similar types). Building of scaffolds, trestles, boxes and swinging staging for bricklayers, plasterers and cement masons; and C. Second serniskill laborer. The work falling within this subtitle of word; description includes: concrete pump set-up men and nozzle mcn,'tile layers and bottom men, on sewers and drains, cutting torch and burning bar (demolition), trench or pier Boles twelve feel ( IT) or over, wagon drill, air track or any tilechanical drill, powder man, tamper, one hundred pounds ()00 lbs.) or over, laborers working for mechanical and electric contractors (including; but not limited to digging of all trenches, ditches, holes, paving of concrete and cleaning of all trash), paving brcak'cr,jackhammer and vibrator, laser beam man for sewer,•grade checker for roads and railroads, asbestos removal (except mechanical systems that arc not being scrapped and any type of roofing where flit roof is to be relayed), hazardous waste removal, disposal work, or any combination of these; 2. Heavy/highway construction. The subtitle falling within the occupational title of work description for laborer, as applicable to heavy/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, hoppers and conveyors, track men, cement handler, dump man on earth fill, Georgia buggic man, material batch hopper man, spreader on asphalt machine, material mixer man (except on man holes), coffer darns, riprap pavers--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 nonpressurized 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, men handling creosote ties or creosote materials, men working with and handling epoxy matcrial(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 twcnty-five feet (25') where compressed air is not used, abutment and pier hole men working six feet (0) or more ' below ground, men working in coffer dams for bridge piers and footings in tic river. Barco tamper, Jackson or any other similar tamp, cutting torch man, liners,curb, gutters, diichliners, hot mastic kettleman, hot tar applicator, hand blade operators and mortar men on brick or block ' manholes, rubbing concrete, air tool operator under sixty-five pounds(65 lbs.), 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 are used, wrecking, stripping, dismantling, cleaning, moving and oiling of all concrete forms; digging and laying sewer tile; and 20 H. Skilled laborer. The work falling 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 platforrms on darns or power plants over ten feet (10') high, air tool operator over sixty-five pounds (65 Ibs.), stringline 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 nian on asphalt, concrete saw fifteen (15) HP and over, grade chmker, stnnglinc nian on electronic garde control, manhole builder, dynamite man, powder man, welder, tunnel man waterblaster one thousand pounds per square inch (1040 psi) over, asbestos (except mechanical systems that Hre not being scrapped), hazardous waste removal; disposal, or any combination of these: (1.,) Lather- Applic.ti to workers who erect horizontal metal framework to which laths arc fastened, using nails, bolts,studgirn, or n combination of these, drills holes-in floor and ceiling and drives ends cif 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; acoustical materials which take the'place of same to walls, ceilings and partitions of buildings to provide supporting base for plaster, fireproofing or acoustical material. The occupational'title of work description for lather applies to workers who croct all metal plastering accessories which arc covered or serve as ground, or both, guard, stock or screed for plaster materials, including Fewire mesh. The work falling within the occupational title of work description includes: 1. The installing of c::r Tying 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 systems for the receipt of lath and board; ' 2. The wiring of plasterer channels to overhead structural framework to provide support for plaster or acoustical ceiling tile; and z. The nailing of plaster grounds (wood or meta) strips) to studding to provide a guide for those workers performing 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 scat 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 clout, 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 falling within the occupational title of work description includes: 21 I. The handling of materials at the point of installation; Z. 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 edgings, metal corners and caps and fitting devices frr 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 cement; and 6. The rolling of finished floor to smooth it out and press cement into base and covering; (N) 11fi11H•right—Applies to workers who design, build, or repair mills or mill machinery; hoist, i . dismantle, crest,assemble, line and adjust all machines used in the transmission of power in buildings,�faetories or elsewhere: unload t�uichiries ustrd in the transmission of power in - .buildings; factories or elsewhere,where power equipment and rigging Lire required. The work falling within this occupational title of work description includes:`tlic settffig`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 description 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 shovel or backhoe over one(1)cubic , yard; pile driver(for example, land or floating); Whirl ey; mechanic and welder, hydraulic,self- propelled crane; stinger or cherry picker crane;switch boat; concrete portable plant/concrete mixer paver; cableways; 22 B. Group li—This subtitle applies to workers who operale, 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: asphall paver and spreader/concrete spreader; asphalt plant mixer operators; asphalt plant operator, backfillers; back hoe(tinder one (I)cubic yard); Barber-Green loader (similar type.); blade}--flower, all types; boat-sr-­power; boilers; boring machine(ail types, including funnel boring); broom;--power operated (all types); concrctc s<1w (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; form grader; greaser; hoist operator (all types); hopper---power operated; hydra hammer (all types); Lad-A- Vator--similar type.; loaders—all types, including skid-steer (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 scoop); self-propelled rotary drill; air compressors(all types); side boom; siphons,jets and jennies; welding machine;subgradcr; testhole machine; Ihrottle 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 'ma6ine;conveyor, heaters, fuel fired with forced air;quadmck; tic tamper; vibrating machine; well drilling machine; forklift (except,masonry forklifl); C. Group 111—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); Fe scissor lift; small machine (operator); mud jack; winch truck operator, pug mill operator; elevator-push button; A-frame truck; mixers; oilers; D. Group 111-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 equipment set forth as a masonry forklift; E. Group TV--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 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 failing within the occupational title of work description for operating engineer, as applicable to heavy/highway construction,are as follows: A. Group 1—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 slipfonli paver; backhoc; blade operator(all type), boat operator (all types); boilers--two(2); central rnix concrctc plant operator, clamshell operator; concrete mixer paver; crane operator; Derrick or Derrick trucks, 23 ditching machine; dozer operator, dragline operator; dredge booster pump; dredge enginernan; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self- propelled; htghloader including, skid siecr(for example, bobcat); hoisting enitinc---two (2) active drums; launchhammer wheel; locomotive operator---standard gauge; mechanics and welders; mucking machine; piledriver operator; Pitman crone operator; push cat operator, quadiruck; scoop operator--all types; shovel operator; sideboom cats; skimmer scoop operator; trenching machine operator; truck crane; B. Group H--This subtitle applies to workcrs who operate, monitor and control, repair, modify, asscrnb(c, erect, oil, service cacti or all electrically or electronically, hydraulically or any power- operated Nuiprnent set forth as follows; A-frame truck; asphalt hot irix silo; asphalt plant fireman, drum or boiler; asphalt plant mixer operator; asphalt plant man; asphalt roller operator, backfiller operator; Barber-Greene loader; chip spreader; concrete mixer operator, skid loader; concrete plant operator; concrete pump operator; crusher operator, dredge oiler; elevating grader operator; forklift; greaser-Elect; hoisting engine=-one (I); locomotive operator---Bartow gauge; multiple compactor; pavement breaker; powcrbroom--self-propelled; power shicld; rooter, side discharge concrete spreader; slip form finishing machine; stturipcutter machine; throttle man; tractor operator--over fifty (50) HP;winch truck.; C. Group 111—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- 1 operated equipment set forth as follows: boilers—one (1); chip spreader (front man); churn drill operator; clef plane operator; concrete saw operator self-propelled; curb finishing machine; distributor operator; finishing machine 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 machine operator; spreader box operator, self- propelled (not asphalt); tank car heater operator--combination boiler and booster; tractor operator fifty (50) HP or less; Ulrnac, Ulric or similar spreader; vibrating machine operator, not hand; D. Group iV—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- 1 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 each or all electrically or electronically, hydraulically or any powcr-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: I. Preparation of surfaces. The washing,cleaning,pointing and taping of drywall, regardless of , material used,and smoothing of surfaces, using sandpaper, brushes or steel wool. The removal of old paint or other coatings from surfaces, using paint remover, scraper, wire brushing, ' 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. The 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 clastomers, vinyl plastics, neoprene, resin,polyester and epoxy as waterproofing or protective coatings to any kind of surface (except roofs)when applied with brushes, 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. The preparing of the surface to be covered by applying sizing, which seals the surface and makes the covering nick better. nc 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 covering.into strips 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 according to manufacturers' directions, and the brushing or rolling it on.the covering.. TN plecittg of the`sirips on'the wall or ceiling, to match adjacent patterns. The smoothing of the strips to remove bubbles and wrinkles; the trimming of.the top and bottom with a razor blade; and the pain'tin' or taping of highway striping, or both; and 4. Cleanup. The cleanup of tools and equipment required in connection with work failing within this occupational title; (Q) Plasterer—Applies to workers who apply gypswn, Portland cement, stucco, imitation stone and kindred materials and products to interior walls, ceilings and partitions and to exterior walls 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; 4. The roughing of undercoat with wire or metal scraper to provide bond for succeeding coat of eplaster, S. The application of all malleable plastic materials and epoxy materials; ' 6. The selling 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; ' zs 8. The grouting and filling of door bucks, runners and similar installations, in conjunction with plastering operations; 9. The application of'scratchcoat, browncoat and finish coat of plaster to wood, meta) or board laths successively to all ccilings and walls when finished with terrazzo or tile, and the application of any plastic material to samc; 10. The fireproofing of ail building assemblies with plaster materials, sprayed fiberglass or similar materials, whether applied to gypsum, meta) lath or directly; 11, The application of crushed stone, marble or ceramic chips and broken glass where embedded in plaster, or similar materials; 12. The placing of acoustic blocks with any plastic material, regardless of thickness; 13. The placing, by any method, of plaster or composition caps and ornaments; ! 14, The creating of decorative textures in finish coat by marking surface of coat with brush and trowel or by spaitering it with small stones(stucco)where plastering equipment or materials,or 'both,�are used; and'* 15. The operation and control of all types of plastering machines, including power trowels and floats; (R) Plumber—Applies 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 4P and toilets—and appliances such as, dishwashers and water heaters. The work falling within the occupational title of work description for plumber includes: 1. Assembling and installing, piping systems, fixtures and equipment for the transportation of domestic %rater 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. Assembling, installing and repairing valves,pipe fittings 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 drill, or both; (S) Pile Driver—The work falling within the occupational title of work description for pile , 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) Pipe Fitter---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 sale. The work falling within this occupational title of work description includes: 1. Piping systems installed in structures(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 pipefitting industry; 3.Assembling:installing, and repairing valves;-pipe fittings End pumps.Testing the piping i 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); 5. Welding of steel P i P J e joints and joining pipes with screws, bolts, fittings, solder, caulking or any other method for making joints in the industry; and 6. Joining uctile iron and lactic pipes b using an method for makin oints in the induct , g P P Pe Y g Y making joints tY when the pipe will be under pressure, (U) hoofer/Waterproofer Applics to workers who apply and install any and all types of roofing materials, other than sheet metal. The work falling within this occupational title of'work description includes: I. The installation of slate and the and all substitute materials taking the place of slate and the used for roofing including flat or promenade slate, with necessary metal flashing to make water- tight; r2. 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 file either by hand or ' machinery; 3.The installation of all forms of plastic,-slatc, slag, gravel; asphalt and composition roofing; rock asphalt mastic when used for damp and waterproofing; prepared paper, compressed paper and 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 installation of damp courses, sheeting or coating on foundation work and tarred roofs. The laying of the file or brick, when laid in asphalt or pitch tar; A. 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 single-ply or multi-ply. The insullation of aggregates or stone, used as a ballast for inverted roofing membrane assembly, or roof of similar construction where insulation is laid over the ro:,ftc,g membrane. The scaling and caulking of scams and joints on these elastoplastic systems to insure water-tightness. The applying of liquid-type elastoplastic preparation for roofing, damp or waterproofing when applied with a squeegee, trowel, roller or spray equipment whether applied inside or outside of a building. -1'he priming of surfaces to be roofed, damp or waterproofed, whether done by roller, mop, swab, three(3)-knot brush or spray systems. Z he waterproofing of all Types of preformed panels; S. The application of all types of spray-in-place such as urethane or polyurethane, and the , Pp coatings. that are applicd'ovcr them; 6.The a lication of roof insulation when the insulation material is applied.as an into i PP PP 8m . part of the roofing system, whether the insulation material is applied as the first, last or any other layer in between; 7. The operation and servicing of all kettles, bulk tankers, stationary heating rankers 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 matcnal components, roof and mop carts, hydraulics, tools and equipment, be it hand or power, needed to apply 1 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 both, 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 work 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 a quipmeni and all supports and reinforcements in connection with the system; 2. The installation of expansion and discharge valves,.air filters,and water filters in heating, ventilation and 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 metal lumber, when specified for use as roofing, siding, waterproofing, weather proofing, fire proofing or for ornamciml or any other purpose; S. The performing of sheet metal work specified for use in connection with or incidental to steeples, domes, minarets, look outs, dormer;, louvers, ridges, copings, roofing, decking, hips, valleys, gutters, outlets, roof flanges, tlashings, gravel stops, leader heads, down spouts, mansards, balustrades, skylights,cornice moulding, columns, capitals, panels, pilasters, mullions, spandrils and any and all other shapes, forms and design of sheet metal work specified for use for waterproofing, weatherproofing, fire proofing, ornamental, decorative or display purpose;, or as trim on exterior of the buildings; 6. The installing of sheet metal ceilings with cornices and mouldings of plain, ornamental, enameled, glazed or acou.5tic type; 7. The installing of side walls, wainscoting of plain, ornamental, enameled or glazed types, including sheet metal tile; 8.The application of all necessary wood or metal fumng, plastic or other materials, to which they are directly applied; 9. The performing of shcetrnetal work specified for use in connection with or incidental io direct, indirect or other types of heating, ventilating, air-conditioning and cooling systems (including risers, stacks, ducts, S strips, fittings, dampers, casings, recess boxes, outlets, radiator enclosure`, exhausts, ventilators, frames, grisses, louvers, registers, cabinets, fans and motors); 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; ' 12. The assembling and setting up of all cast iron parts, wane 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 utilized in the operation of kitchens including ranges, canopies, steam tables, work tables, dishwashers, co#ec urns, soda fountains, warming closets, sinks, drainboards, garbage chutes, incinerators and refrigerators; 14. The installing of tubing, i and fittin , used in connection with or incidental to 8 pipes 6s coppersmithing work, The installation of fume hoods, metal toilet partitions, metal lockers, plain ' metal shelving; and 1 S. The handling, moving, hoisting and storing of all sheet metal materials on the job site, where power equipment and rigging are required; ' 29 (w) Sprinkler Fitter----Fire Protection---Applies to workers who perform 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 appurtcnanccs 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 to connection with sprinkler and alarm systems, tank and pump connections, and fire protection systems using niulsifyre, spray, water, fc►I;, carbon dioxide (CO2), gas and foam and dry chemical systems; (X) Terrazzo Worker-Marble Anson--The workers performing work falling; within the occupational title of work description for terrazzo worker-marble mason includes: 1. The installating of marble, mosaic, venetian enamel and terrazzo; the cutting and assembling of mosaics and,art ceramics; the casting of all terrazzo on the job site; all rolling of terrazzo work;' 2. The preparing, cutting, layering or setting of metal, composition or wooden strips and grounds on all bedding Above concrete floors or walls; and the laying and cutting of metal, strips, lath or other reinforcement, wlicre used in terrazzo work; , 3. The installing of cement terrazzo, magnesite 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, mother 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 part of the 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 machines(When no additional stone aggregate is added to file 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 selling of all marblc, slate,, including slate backboards, stone, albcrccn, carrara, sanionyx, vitrolite and similar opaque glass, ncaglioa, nmrblcithic 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--Applies to workers who apply the to floors,walls,ceilings, stair treads, promenade roof decks, garden walks, swimming pools and all places where tiles may be used to fonn a finished surface for practical use, sanitary finish or decorative purpose. (Tile includes all 30 burned clay products, as used in the tile industry,either glazed or unglazed,all composition rrraterials;all substitute materials in single units up to and including, fifteen inches by twenty inches by two inches(IS" x 20" x 2")(except quarry tiles larger than nine inches by eleven inches (9" x 1 V) and all mixtures in the f6mi of cement,plastics and metals that are used as a finished surface.) The work falling within this occupationsl title of work description includes: 1. The cutting and shaping of tile with saws, the cutters and biters; and 2. The positioning of tile and tapping it with a trowel handle to affix file to plaster or adhesive base; and r (Z) Truck Driver-Teamster/Traffle COMM) &2rvict Driver -The workers who perform work falling within the cx:cupationai title of work description for track driver teamster includes the operation, repair and servicing of mechanical equipment. This occupational title encompasses scveral-sub-classifications, with the title and work description 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 truck driver-teamster,as applicable to-building construction, are as follows: A. Group I - This subtitle applies to workers who operate, monitor, control, repair, modify, assemble, erect, oil and service the following equipmew: Flat Bed Tmcks 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 111 - 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 Wagon Tandem Axle; and D. Group IV - This subtle 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 Semi-Trailer, Insley Wagons, Dumpsters, Halt-Tracks, Speedaee, 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: t • A. Group I - This subtitle applies to workers who operate, monitor,control, repair, modify, assemble, erect, oil and service the following equipment: Flat Bed 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; 31 • 1 . C. Group I If - 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 Wagon 'randcm Axle; and D. Group 1V - 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 Semi-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 falling within the occupational title of traffic control ' service driver include: A. The delivery, installation and pick-up of traffic control devices; e B. The unloading and installation of barricades, plastic channelizer drums, safety cones and temporary flashing lights not to exceed one hundred fifteen X115) volts; C. Regular periodic inspections to assure that traffic control devices are clean, clearly visible and properly positioned. Inspection and maintenance includes replacing batteries and bulbs in lights, cleaning reflective material and lemses 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 them on a thick and driving them to a storage yard where they are unloaded. 1 32 LABOR REGULATIONS OF MISSOURI as published In the Missouri Code of State Regulations 'Title a - Department of Labor and industrial Relations Division 20 - Labor and Industrial Relations Commission Chapter 5 - Rules Rcluting to (13) At the hearing, any Marty may be represented by an Objections to Wage Orders, Including attorney-at-law. Only an attorney, licensed to practice in Prevailing Wage Determinations and Missouri, may appear in a representative capacity. A person whose conduct is detrimental to the proper and orderly con- 000Upatiottal Ti tic of Work Descriptions duct of the hearings may be excluded from the hearing room by the commission or designated representative.The conunis- 8 CSR I0-5.010 Objections and Ilearing sion or its designated representative may examine any party or PURPOSE: This rule specifics procedures for filing objec- witness.-Any hearing may be adjourned or postponed or con- tions to wage orders, including prevailing xvage determina- tinued from time-to-time or place-to-place at the discretion of tions and occupational title of work descriptions, and /rear- the commission or its designated representative., fngs on objections by the commission. (3)Prehcaring Conference. (1) Objections, Within thirty (30) days after the certified (A) Before any hearing, the commission, at its discretion, copy of a%gage order has been filed with the secretary of state may direct the'partics 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 part thereof that the party considers objectionable by filing the 1. The simplification of the issues; objections in triplicate with the commission. If the objection is 2. The possibility of obtaining admission,% 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 q. 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 an occupational title of work description is incorrect, but shall hearing. set out in detail how the objector reaches the conclusion that (l3)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 the ence and the agreements made by the parties as to any of the Division of Labor Standards. Within thirty (30) days of the matters considered. The 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 panics at least ten (10) days prior to the date set for the hearing. (4) Procedures. A At the hearing,if the objection pertains to the wage rate (2)Hearings. ( ) g J p g in a locality, the Division of labor Standards shall introduce (A)Hearings held by the commission under the Prevailing in evidence rite investigation and field surveys conducted, Wage Law shall be held by the commission, any commission- including copies of any Appropriate collective bargaining er or a representative designated by die commission. If the agreements and any information received by the Division of Phearing is conducted by one(i)of ittc conunissioncrs or by a Labor Standards which was considered by it at the time the designated representative, a recommended order will be pre- wage order was issued. pared by such commissioner or designated representative and such order will be subject to the approval of a majority of the (l3)'Thereafter, the following procedure will be'followed; cotrunission qualified to review the recommended order. 1. Evidence on behalf of the otiectors which is material to 1 the issue(s) shall be introduced; 8 CSR 20.5.010 Labor Regulations of Missouri p° 2. Evidence on behalf of the proponents or any other inter- subsection(4X8)and(C)shall be followed unless,in the inter. ested party which is'material to the issue(s) shall be intro- est of conducting a fair hearing, the commission determine duced; otherwise. 3. Rebuttal or cumulative evidence shall be allowed at the (5) 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. erg necesmry 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 AUTIIDRITY.,section 286.060, RSMo(Cum. Supp, 1996).• occupational title of work description, the objector shall pre- This version of rule filed Dec. 18, 1975, effective Dec, 28, sent its evidence rimt. Thereafter, 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 what evidence 15 .p,/glreal ourhorrry 1915,amended 1917, 1980, 1993. material to the issue(s).The order or procedures set forth in r r r r r r r. r r r . t . M 0 iI.. sours D 0 IV 0 ivisioti of Labor Standards WAOVE AND HOUR SECTION "mod.-r d • • • ' r • G" tnLU-\-, AN txt1 0 C d Op LI fV/ ,N� • L/ P O MbcccXX or L30I3 HOLDEN, C.�c�v }r c. 1i Annual Wage U""'%rder No . 8 Sectiotl 026 COLE COUNTY In accordance with Section 290.262 RSMo 1994, within thirty (30) days after a certified copy of this Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection In triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, NO 65102.0599. Such ob,Jections must set forth in writing_ the specific grounds of objection. Each objection shall certify that a copy haS bcc:n furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, NO 65102.0/149 {.)ursuant to 8 CSR 20-5.010(l). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. RECEIVED & FILED Ai4l ' MAR 0 9 2001 —teen A. Baker, Director Division of Labor Standards Filed With Secretary of Suite: SECRETARY OE STATE Last Date Objections May Be filed: � _ _ APR 0 9 2001 ' Prepared by Missouri Department of Labor and Industrial Relations buildinc Construction l'alus for P E'I.ACE:.ME:NI PAGI- -E SI.chon 026 COLE_ County 'OC(;I-tl1AI1()NAl 1111 I i U;,Ir' „I f i1uurly I turn I1IollfI,r, i,,I,,I I ('111p• It,.:wfi1-, Ire r� �:' � !•:,:1� � rr.11n , i•.' ;!„ I 1.tir)Ii1 4;; Rrw-klFlyfw;—.`i mit! ( arpentur i i lit l:i W) I 1. f_lL'ClriClan (Irv,idi: Vhr+'rn;ItI ; ! I t:') 4a Howltor Operalin; (-nr�uuv:I Ciroup 111-A Group IV C,Hi 1 �� $1!_.37 (iG (;0 Group.i✓ 5/01 $2.3,67 86 G $11,64 Plpe oiler 71!)1 I, ±,•)7 7', __. ..... Glazier Laborer l3uildinq : -� �- General $15.35 110 7 $5.85 First-Semi-Skillod $16,20 110 7 $5.85 Second Semi-Skilled - -$16.2.0 110.__ 7 $5.85 - l t_alher I { PA f Linoleum_Lnyr,r F. C:(jtti r 11 i.`;C (;Af•;I'I tJ(( P I%A.I I ' M'Irble 1`41 wl "r Iron 1,1vol ,cr F'aintcr 1tn1 ; 11,.0.1 1t+ i :;.4,fi:1, Pla slerer 17 r,it (J;1. I ). i�t Plumber t 'U./`, I r U 6 Pilo Driver a 191 13 Iii) l' Roofer 0/01 $2:?.GO 12 4 ,'6.19 Sheet Metal Worker 7101 $:'1.fi1 40 23 $7.36 Sprinkler Fitter $27.60 33 19 $7.45 Terrazzo Worker 9/01 _$22.10 5'6 7 $5.t10 Tito Setter --�/01 $22.10 --�59__.._._..% $5,f30M.._-•-_---___.__ __ _ _ .-.-------.----____--- —__-._- Truck Driver-Teamster Group 1 4;01 $18.05 101 `> _______$4.2('... Group II 4/01 $1 fi,7fi 101 _._. . $4.25 --•-_-.---_�._...... ........_... .._._._ ------._. ....._ Group 111 4101 $18.4!; 101 _._(' _.._-......._ $4.25 Group IV 4/01 $18,75 101 Traffic Control Service Uliver $14.15 4t) 4:) ,x,2.44 Well Driller USE BLDG CONS T. ENGINEER_GROUP II RATE Welders-Acet�lene& Electric Fringe Benefit Percentage, is of the Bwa jC I sourly hate Attention Workers: If you are not being luiid the approprintc w<I(jo r,te "rill frinc)I: hr:nefils ronfacl the Division ' of Labor Standards at 1-800-475-2130. "Annual Incremental Increase ' '5GEi FOOTNOTE PAGE ANNUAL WAGE O{2 A.-N ti(! ft 1O/f)1 r Building Construction Rates for REPLACEMENT PAGE Section 026 1 COLE County Footnotes Effective ---Basic —O—ver- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Rates Rates Welders receive rate prescribed for the occupational title performing operation to which welding Is Incidental. Use Building Construction Rates on Buildings) and All Immediate Attachments. Use Heavy Construction rates for remainder of project, For the occupational litles, not listed in Heavy Construction Sheets, 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 Total Mechanical Contract- $27.75, Fringes - $11.83 All work under$3.5 Million Total Mechanical Contract-$26.41, Fringes - $10.08 *Annual Incremental Increase ANNUAL WAGE ORDER NO. 8 7101 COLD COUNTY OVERTIME IZATI:S- BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 %) shall be paid for all work in excess of flony (40) hours per work week, NO. J: Means the regular workday starting; tirnc 01'8:00 a.riJ, (arld resulting; (1ui(ting; time of 4:30 1),ni.) may be moved (Orward to 6:00 a.m, or (Mayee:l orlc hour to 9:00 a.m. All work performed in excess of the regular work clay and on Sawrday shall be compensated at one in(] orlahalf(I %) times the regular pay. In the event time is lost during; the work %wek due to weather conditions, the 13-111ployer rimy schedule work on the f*1110%Vi1lg; Saturday at straight time:. All work accoinilished oil Sunday and holidays shall be corrnpensatcd feu at double the regular rate of* wares. The work week shall })c N,londay through Fri(1a,,, except for Inidwcck holidays. NO. 11: Means eight (8) hours ~hall CoMtitutc a clay'~ W011., wily the starting till)(' to be established between 7:00 a.m, and 8:00 a.nJ. f-olll Monday to Friday. Tinic and one-half(I :4) shall be paid for first two (2) hours of overtime Monday through Friday and the first eight (8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate.. Double (2) time shall be paid for all tirrre oil Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, inclusive of each week. All work performed by employer's anywhere in excess of forty (40) hours in one (1) work week, shall be paid for at the rate of one and one-half (I%) times the regular hourly wage scale. All work perfornied within tic regular working hours which shall consist of a ten (10) hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half (1 %) times they regular hourly rate. Work on recognized holidays and Sundays shall be paid at two (2) Times the regular,hourly rate. NO. 1S: Means the regular work day shall lie eight 8 hours. Working hours are from six 6 l� Y 1; ( ) g ( ) 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(1'/i). Sunday and Holidays shall be paid at double (2) time. Saturday can be a make-up day if the weather has forced a day off, but only in the week of the day being lost. Any time before six (6) hours before Noon or six (6) hours after Noon will be paid at time and one-half(1; 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. Hours of work at each jobsite shall be those established by the general contractor and worked by tine majority of trades. (the above working hours may be changed by mutual Agreement). Work performed on Construction Work on Saturdays, Sundays and before and after the regular working day on Monday to Friday, inclusive, shall be classified as overtime, and paid for at double (2) the rate of single time. The rate of pay for all work performed on holidays shall be at two tirries (2) the single time rate of pay. ANNUAL WALL ORDER NO.8 AW8026OT.doc Page 1 orb Popes COLE COUNTY OVERTME Rxnl's_.BUILDING 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) days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the option fora workday/workweek of four (4) ten (10) hour days (4-10's) provided: -The project must be fora minimum of four(4) consecutive days. -Starting time may be within one (1) hour either side of 8:00 a.m. -Work week must begin on either a Monday or"Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be irnplemented). -Any tune worked in excess of any ten (10) hour work day (in a 4-10 hour work %veek) :hall be at the appropriate overtime rite. All work outside of the regular working hours as provided, Monday through Saturday, shall be paid at one & one-half(1%) times the employee's regular rate of pay. All work performed from 12:00 . ta.m. Sunday.through 8:00 a.m. Monday and recognized holidays shall be paid at double (2) the straight time hourly rate of pay. ' NO. 33: * Means the standard work day shall be eight (8) consecutive hours of work between the hours of 6:00 a.m. and 6:00 p.m., excluding the lunch period, or shall conform to the practice on the job site. Four (4) days at ten (10) hours a day rnay be Worked at straight time, Monday through Friday and need not be consecutive. r.11 overtime, except for Sundays grid holidays shall be at the rate of time and one-half(I '/�). Overtime worked on Sundays and holidays shall be at double (2) time. NO. 35: Means the normal work week shall consist of five (5) eight (8) hour days fora 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 onahalf r (IV?). 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 and one-half (1!/2). All hours worked on Saturdays, Sundays, or Holidays shall be paid at the double (2) time rate. NO. 40: Means the regular working week shall consist of five (5) consecutive (8) hour days labor ' on the job beginning with Monday and ending with Friday of each week. Four (4) 10-hour days may constitute the regular 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. All full or part time labor performed during such hours shall be recognized as regular working flours and Paid for at the regular hourly rate, All hours worked on Saturday and all hours worked in excess of eight (8) hours but not more than twelve (12) hours during the regular working week shall be paid for at time and ' one-half 1%z) the regular hourly rate. All hours worked on Sundays and ho!'.days 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. bi the event of rain, snow, cold or excessively windy weather on a regular working day, Saturday may be designated as a "make-up" day. Saturday may also be designated as a "make-up" day, for an employee who has missed a day of work for personal or other reasons. Pay for make-up days shall be at regular rates. ANNUAL WAGE ORDER NO.S /1iWQ026 OT.doc Page 2 of 6 Pales r C'0I,1: C'(')IJN7'1' OVI-i2T'IME itATES -• BUiI.:DING CONSTItUCI'ION NO. 48: Means the regularly scheduled v.•ork week shall be five (5) consecutive days, Monday through Friday or, Tues(kly thr0uc1,h S,+.turda)'. Fight (8) hour~ shall constitute a day's work. ,Starting time slirril not b(- earlier than 7:00 a.nr. r)(rr later than 10:00 a.nr. Forty (40) hour's Shall constitute a week's work. Overtime at the rate of time and one Ball'(1 %1) will be pat;d for all work in excess of forty (40) hours in ally one work week. On the Monday through Friday schedule, all work performed on Saturday will be tirne and one-bal1'(1 'h) unless tune has bccri list during the week, in which case Saturday will be a np,rkr tip day to the extent of the lost tinic. On the, Tuesday through Saturday schedule, all work perf'arnied on Monday will he time and onahrr)f(I '/) unless time has been lost durilig the week, in which case Monday %will be a make-up day to the extent of the lost time. All,,, work perlor-mcd et1 Sirnd;rly will he douhic (2) tinie. If employees work on any of the recognized holidays, they sh;rll Ise Imid tune mica mw-half'( i !% ) their rclrular rate of-pay for all hours worked. NO. 55: Means the rcj;ui,rr- work day shall be eis lit (8) hours between 6:00 a.m, and 4:30 p.m. The first two (2) hours of work performed in excess of the eight (8) hour work day, Monday through Friday, and tic first ten (10) hours of work oil Saturday, shall be paid tit one. &ono-half(1V2)tunes the straight time rate. All work performed on Sunday, observed holidays and in excess often (10) hours a day, Monday thrOugh Sattn-day, shall be paid at double(2) the straight time rate. NO. 57: Means eight (8) hours per clay shall constitute a day's work and flirty(40) hours per week, Monday thrOuf,h I'riday, sha11 constitute a week's work, Thu ret;ul,rr starting, time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant, the Employer may change the regular workweek to four (4) ten-hour days at the regular 4P time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All tilde worked before and after the established workday of eight (8) hours, Monday through Friday, all tune worked on Saturday, shall be paid at the rate of time and ono-lalf(1 %) except in cases where work is part of are eniploycc's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double (2) tinic rate oflxiy. NO. 59: Means that exc.cl)t as herein provided, eight (8) hours a day (which may begun as early as ' 6:00 a.m.) shall constitute a st<urdrard work day, and forty (40) hours per week shall constitute a week's work. All time worked outside of the standard eight (8) hour work day and on Saturday shall be classified as overtime and paid the rate of tune and ono-half(1%). All time worked on Sunday and holidays shall be classified as overtime and paid at tare 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) terrhour 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 the Employer's control, then Friday ' and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten (10) hours or fort), (40) hours per week. Men 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 the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a mako-up day; straight time not to exceed eight(8)hours or forty(40) hours per week. ANNUAL WAGE ORDER NO.8 ' AW8026 OT doc Page 3 or6 Pages COLE COUNTY OVERTIME RATES—BUILDING CONSTRUCTION NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. if an Employer elects to work five 8-hour days during any work week, hours worked more than eight (8) per day or forty (40) per week shall be paid at time and one-half (1'/2) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY iMAKE-UP DAY: If an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weathcr (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 riot to be used to make up time lost due to recognized holidays. If an Employer elects to work four 10-hour days, between the hours of 6:30 a.m. and 6:30 p.m. in any week, work performed more than ten (10) hours per day or forty (40) hours per week shall be paid at time and one half(1'/z) the hourly wage rate plus fringe benefits M(Jnd�r)l through Friday. If an Employer is working 10-hour days and loses a day due to inclement weather, the Employer may work ten (10) hours on Friday at straight time. Friday must be scheduled for no more than ten (10) hours at the straight time rate, but all hours worked over'the forty (40) hours Monday through Friday will be paid at time and one-half.(1 ''/2) the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for at time and one-half (1%) the regular Millwright hourly wage rate plus fringe benefits. The regular,work day starting of 8:00 a.m. (and resulting quitting time of 4:30.p.m.) may be moved forward to 6:00 a.m. ' or delayed one (1) hour to 9:00'a.m. All work accomplished on Sundays and recognized holidays, or days observed as recognized holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOT'I:: All ovcrtirrlc is computed can the hourly wage rate plus an amount equal to the fringe benefits. NO. 86: Means the regular work week shall consist of five (5) days, Monday through Friday, beginning at 8:00 a.m. and cndung 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 once-half(1%z) of the hourly rate plus an amount equal to one-half(%Z) 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 rTotal 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 for the Employer to use a flexible starting time between the hours of 6:00 a.m. and 9:00 a.m. The regular work week shall consist of forty (40) hours of five (5) work days, Monday through Friday. Tile work week may consist of four (4) ten (10) hour days from Monday tlu•ough Thursday, with Friday as a make-up day. If the make-up day is a holiday, tilt employee shall be paid at the double (2) time rate. The employees shall be paid double (2) time for work performed before tic regular starting time or after 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 oil Saturdays, Sundays and recognized holidays shall be paid at the double (2) time rate of pay. ANNUAL WAGE ORDER NO.8 AW8026 O'r.doe Page 4 of 6 Pages COLE COUNTY OVERTIr1E RATES— BUTLDI?NG CONSTRUCTION NO. 94: Meatis 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 tinier of 4:30 p.m,)4 may be moved fotivard 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 (P/2) times the regular hay. In the event time is lost during the work week due to weather conditions, the Employer may schedule work on the following; Saturday at straight tune. All work accomplished Oil Sunday and holidays shall be cornpcnsatrd at double: the regular rate of wastes. NO. 101: Means eight (8) !lours a day shall constitute a standard work clay, and forty (40) hours Per week shall Constitute a week's work, whi:.11 shrill hul,in on Monday and end on Friday. All time worked outsidC of the: stsuulard work clay tulil on Suturd,ly SlMil hC elassilied as oVCrtline and paid the rate of time and one-half (I%) (except as hereill provided), All tinic worked on Sunday and recognized holidays shall be paid at the rate of double (2) time. The_regular starting. time (and resulting quitting tinie) may be moved forward two (2) hours to 6:00 a.m. o.r tlic starting time (and resulting quitting time) may be delayed one (1) hoar to 9:00 a.m. The Employer has the option,of working either five (5) eight-hour days or four (4) ten-hour days to constitute a xiormal forty (40) ' hour work week. When dfour (4).ten-hour day work week is in effect, the*standard work day shall be consecutive ten (10) hour periods between the hours of 6:30 a.m. and 6:30.p.m. Forty.(40)hours per week shall constitute a week's work Monday through Thursday, inclusive. In the event the job is clown for any reason beyond the Employee's control, (.hen l'riday and/or Saturcay may, at the option of the Employer, be %vorked as a mike-up day; straight time no(, to exceed ten (10) hours per clay or forty (40) hours per week. All work over tern (10) hours in one clay or forty (40) hours in a 4- 10's work week shall be paid at the overtime rate of time and one-half(1 '/z). When using a five (5) clay eight (8) hour work week, and the job is down for any reason beyond the Employer's control, Chen Saturday may, at the option of the Employer, be worked as a make-up clay; straight time not to exceed eight (8) hours per day or forty (40) hours per week. Make-up clays shall not be utilized for days lost due to holidays, ANNUAL WAGE ORDER NO.8 A%%18026 stip o'r.doc rage 5 or6 Pages COLE COUNTY OVERTIME RATES— BUILDING CONSTRUCTION RE 'L,ACENENT PAGE' NO. 110: Means eight (8) hours between the hours o!•8:00 a,m, and 4:30 p.m. shall constitute a work day, The starting time may be advanced one (I) or two (2) hours. Empioyecs shall have a lunch period of thirty (30) minutes. The Employer may provide a lunch period of one (1) hour, and in that event, the workday shall commence at 8:00 a.ni, and end at 5:00 p.m, The workweek shall ® commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday (or 5:00 p.m. on l-'riday if' ■ the Employer grants a hrneh period of orre (1) hour) or as adjusted by startin�� linie change as stated above. All work performed before 8:00 a.m. rind aller 4:30 p.in, (ter 5:00 p.in. wherc uric (1) hour rlunch is granted for lunch) or as ld•justcd by st<Irtinf', tlll)c change its suited above or rin Saturday, except as herein prwidcd, shall be c:onipcnsated at one and tin7CS the ►c<<tilar• h()ur-1,v rate of pay Im the work periornied. All work. perli.irined oil Stinday and oil recognized holidays shall be compensated at double (2) the regular hourly rate of pay for the work performed, If an E-mployer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather (rain and mud), Saturday or any part thereof may be worked as a . ' make;up day at the straight time rate. The Employer shall have the option of working five eight(8) hour days or four ten (10) hour days Monday through Friday. If an Employer elects to work five (5) eight (8) hour days during any work week; hours worked more than eight (8) per day or forty (40)hours per week shall be paid at time and one-half(I%2) the hourly rate Monday through Friday. If an Employer elects to work: four (4) ten (10) hour clays in any week, work performed more than ten (10) hours her day or forty (40) hours per week shall ile paid at tiny.: and one-half(1 '/) the hourly rate Monday through Friday. If an iirmplover 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 (I0) hours at the straight time rate, but all hours worked over the forty (40) hours Monday through }.Friday will be paid at time and one-half (1%) overtime rate. ANNUAL'WAGE ORDER NO.8 AW8026 Stip OT,doc Page 6 or Pages COLE COUNTY HOLIDAY RATE SCHEDULE— BUILDING CONSTRUCTION NO. 3: All work done on New Year's Day, DcCorati011 Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day arid Christmas Day sliall be Laid at the double time rate of pay, Whenever any such holidays fall oil a Sunday, the following Monday shall be observed as it holiday. NO. 4: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day shrill he paid at the double: time rate of pay. I f cagy of the. above holidays fall ern Sunday, Monday will :,c; observe :l as the recognized holiday. if any ofthc above holidays fall on Saturday, Friday will be observed as the rccognized holiday. NO. 5: All work that shall be clone. on New Yem-'s Day, IMemorial Day, fourth of.tuly, labor Day, Veteran's Day, 'I h,►nksgiviii, D,+y, and r'lm!! (rrw-, he brid at the double (2) time rate of pay. NO. 7: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Vetermi's Day, 'flianksgiving Day, and Christmas Day shall be paid at the double time rate ofpay. • Ifa holiday falls on a Sunday, it shall be observed on the Monday. Ifa.holiday falls oil a Saturday, it shall be observed on the preceding Friday. NO. 8: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,"Thanksgiving Day, rind Christmas Day, or days observed its such, shrill be paid at the double time rate of pay. The Friday fi-;llowiIli; t'haIlkti ..Iving, will be.', worked at the I3111ployer's option, If worked, it will be at tllc rci,ul,rr hMurly r,:tc rlf1my. NO. IS: All work accomplislied on tirc recognized holiday: cd'New Year's DIty, Decoration Day (Memorial Day), Independence Day(fourth of July), 1 ,m1)e11- Day, Wtcran's Dav, Thanksgiving Day and Christmas Day, or days observed as these rammed Holidays, shall be compensated for at double (2) t}1e regular hourly rate of wages plus fringe benefits, Ifa holiday falls on Saturday, it f1 shall be observed on tilt preceding Friday. Ifa Holiday fulls on r: Sunday, it shall be observed on the following Monday. No work shall be performed on Labor Day, Christmas Day, Decoration Day or Independence Day except to preserv:- 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. 'I.'lrc employce may take off Friday following Thanksgiving; Clay. However, the employce shall notify his or her Foreman, General Foreman or Superintendent on the Wednesday preced i rig'I'll anksgi v i rig Day. When one t 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 tile.double (2) time rate. When one of the holidays falls on Saturday, the preceding Friday shall be considered the holiday and all work perforrileci on said ' day shall be at the double(2) tine rate. NO. 23: All work done on New Year's Day, Memorial Day, Independence Day, Labor Day, ' Veteran's Day,T ianksgiving Day, Cliristnlas 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 lioliday. ' . 1 1% ANNUAL WAGE:ORDI-'R NO. R AW6026 hdy.doc Page I of 2 Pages COLE COUNTY HOLIDAY RA'I'D SCHEDULE -- BUILDING: CONSTRUCTION NO. 49: The following; days shall be observed as legal holidays: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, Employee's birthday and two (2) personal days. The observance ofonc (1) of the personal days to be limited to the time between December 1 and March I of the following:; year. If tiny of these holidays full or] Sunday, the following; Monday will be observed as the holiday and if any of these holidays fall on Saturday, tits preceding Friday will be observed a.5 the holiday. If ctngrloyces v,'ork or► an}'of these- hcrliclays they shall be paid time & one-half(1 %7) their regular rate of'gmy for all hours worked. NO. 54: All work done or? New Year's, Memorial Day, Irrdependclice Day, l,ahor Day, Thwtksgiving Day, the I riday after Thanksgiving, Day, and Christmas Day shall he paid at the double (2) time rate of pay, When a holiday Calls on Saturday, it shall be observed on Friday. When a holiday falls on Sunclray, it shall be ubscl vcd ()►r NO. 60: All work performed oat New Ycar's Day, Armistice Day (Veteran's Day), Decoration Day (Memorial nay), Independence Day (fourth of July), Thanksgiving; Day and Christmas Day shall be paid tit the double time rata of pay. No work shall be performed on labor Day except when triple(3) time is paid. When a holiday fails an Saturday, Friday will be observed as the holiday. When a holiday falls oil Sunday, the following Monday shall be observed as the holiday. NO. GG: All work performed on Sunclays rind the fallowing,; recopiml holiday,, or the days observed as such, of New Year's fray, Decoration 1by, Fourth of.ruly, l.ahor Day, Veteran's Day, Thanksgiving Day and C:hristmrtas 1 r►►y, shall bc tr,mid at double (:?) thr plus rart r►rnount equal to the hourly'I'otal Indicated l rinc;c ficncfits• �ti'henrvrr any such holidays tall on a Sunday, the following Monday shall be observed as a holiday. wNO. 69: All work performed on New Ycrtr's Da Y+ Decoration Day, July Fourth f..abor Day, Veteran's Day, Thanksgiving Day or Christmas Day shall be compensated at. double (2) their straight-time hourly rate ofpay. Friday after'Ilta.rtksgiving and tit,-- day before Christmas will also be holidays, but if the employer chooses to work these days, the en-tployee will be paid at straight- time rate of pay. If it holiday fulls on it Sunday in it particular year, the holiday will be observed on the following Monday. NO. 71: All work performed on the fallowing; recognized holidays shall he paid at the double (2) time rate of pay: New Year's Day, I'rr.sidents Day, Good Friday, Memorial Day, July the Fourth, Labor Day, Veterans Day, 1-hanksgiving; Day, Day after Thanksgiving and Christmas Day. If a holiday falls on Sunday, it shall be celebrated oil Monday. If a holiday falls on Saturday, it shall be celebrated on the Friday preceding; such Saturday. ANNUAL,WAGE ORDER NO. 8 AW802G hdy.doc r'aEc 2 or 2 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 026 COLE TT��06- OCCL)PA*riONAL TITLE Date of HOLIFIY Tirno Holiday Total Fringe Ben04, Increase Rates Rates Rates CARPE Journeymen 3 7 16-,*–,-- $6.24 Millwright 5/01 $23,13 7 16 $6.24 ..........– —i Pile Driver Worker 5/01 $23.13 7 16 $6.24 OPERATING ENGINE-"ER 5/01 $20.75 21 5 $11.61 'dr—OLTP—1 Group 11 5/0 $20.40 21 5 $11.61 roU P.111 5/01 $20.20 21 5 $11.61 Group IV 6/01 $16.55 21 5 $11.61 Oiler-Driver 5/01 $16.55 21 5 $11.61 - --------- LABORER 2 ,1 General 10 Skilled Laborer 5 4 $6.10 TRUCK DRIVER-TEAMSTER Group 1 5/01-- $21.72 2 4 $5.25 Group 11 5/01 $21.88 2 $5.25 ,Group IN 5/01 --1--$21,87 2 4 $5.25 lGroup IV Y`_'/01 $2199 2 $5.25 For the occupational titics riot listed on the Heavy Construction Rate Sheet, use Rates shown on the Building Construction Rate Sheet. 'Annual Incremental Increase ANNUAL WAGE ORDER NO. 8 7/01 COLE COUNTY OVLeRTIME I1ATF. SCIIEDUI.,I; — III,AVY C'ONSTRUC'TION NO. 2: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight (8) or ten (10) hours. Ira crew is prevented front working forty (40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day tit the straight time rate to complete forty (110) }yours of work in a week. Employees who are part of a regular crew on a make-up clay, notwithstanding the filet that they may not have been employed the entire week, shall work Saturday at the straight time rate. Time & one-half(I %z) shall be paid for 111 hours in excess of eight (8) hours per day (if working 5-8's) or ten (10) hours per day (if•working I-10's), or forty (40) hours per week, Monday through Friday. For all tin►c worked on Saturday (unless Saturday orally portion of said clay is worked as rnakc•411) tea C0 111111CIe f�01-ty hours), time and one-half (I V') shall be paid, tNO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday throe Thursday, ten (10) hours per day. All work over ten (10) hours in a day or forty (40) hours in a week shall be at the overtime rate of one and one-half(1!12) times the regular hourly rate. The regular work 'day shall be either eight (8) or ten (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather or other conditions beyond the control of the Employer, Friday or Saturday play be worked as a make-up clay at straight time (if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). Make-up days shall not he utilized I0r days lost from holidays. f:xcept as worked as a makc-up day, time oil Saturday shall be worked at one and One-half(I%) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work perf'ornied on recognized holidays or• days 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) eight (8) Hour days, Monday through Friday. The regular Work day for which employees shrill 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 frorn Monday through Thursday at ten (1.0) 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 tune & one-half(1 %). If the 'llEmployer elects to work from ' Monday through Thursday and is stopped due to cir•cunrstancos beyond his control, lie 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 1 %s) times the regular rate of wages for all hours worked in excess of eight (8) hours per day (if working 5-8's), or ten (10) hours per day (if working 4-10's), or forty (40) liour•s 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(I %s) shall be paid on Saturday (when working 5-8's) 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. Aw802u hvy ot•doc ANNUAL WAGE ORDER NO. 8 page I or t COLIC COUNTY HOLIDAY RATE SCHEDULE - HEAVY CONSTRUCTION NO. 4: A.II 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. 4 NO. 5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas lay. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours toward a forty (40) hour week; however, no reimbursement for this eight (S) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days observed as such, or Sundays, they shall receive double (2) tile, 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 a"plied to the forty (40) hour work week. NO. i6: The following days ark recognized as holidays: New Year's Day, Mcmorial'Day, Fourth of July, Labor Day,Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday. No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be counted as eight (8) hours tow'e'd 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. 1 AW8026 hYy hol.doc ANNUAL WAGE ORDER NO. 8 Page t of l ' OUTSIDE, 1?1.I•:(_TRIC CAIN Tl,t!sc rites ,arc try he ttsed 1,01. the fullowinly col lilt RIS Adair, AU(lrdil), 130Onc ( alai el", t',nt(.1, t I•ran1:1111, (iaScoIIadc, I low'lyd'.IloweII, Ir'OII, .lcltc.'ison, Knox, I.l'.��1�, 1.InC(}lli, I,lntl, Miacm), Marivs, Marion, Miller, Molliteati, Monroe, Mmilgo)ilicry, Ivlorfarlll, {)!'t f.?!)11, �)Srlf}C, Perly, Plic Ips, Pike, Pulrlski, PuU1ru11, Ridls, Randolph, Rcynulds, l:1111(�;, `,I. ( 'h�ulc�,, St St. 1 m;'; City, St. 1,ollis Coil, .y• Ste. (icnvvi'�vc, SChuylor, ;;(a)tlruld, Sh;mllwl' Sh(•11)y, �;tllhvnn, •I oxw, Warrell, 'Ind \V;I.Sll'llp'v)Il Occup)11)'or1;11 T111c I IOtll iy I I'rinl!,c 1 I,Ci1CItt.'i I 4:-y()(1 nccyl1-1 an 1-'mcjllall :2 7.4,1 `i;'..20 I .12°1') T.��nl tI'l'Il,l'1'1• \1't)121� ' i1�ct11�;,Iit,n,,l •Dili.• ' (';; ; I lnnrl�' frillp'c.' Rota 13cnc1it.; , 7�� X17 20 T .1S°l Z. L.uicmanC3perator ' --W roue matt - _._.___. ___.__.__ __.__._.__-X17:t;7__.. . OVER`T'IME RATE: Eight (R) hours shall constitute a work day beiv,cen the hours of'7:00 a.171, and 4:30 p.m. Forty(40) hours within five(S) clays, Monday throu};h Friday inclusive, shall constitute the work week. Work performed in the 901 and 10th hour, Monday through Fl-iday, shrill he paid at tune. and one-half(l'/z) the regular straight time rate of pay. Contractor has the option to pay t%,,,o (2) hours per day at the time and one-half(1'/a) the regular straight time rate of clay between the hours of'0:00 a.m, and 5:30 p.m., Monday tbrougb Friday. Work performed outside the regularly scheduled working hours and on Saturdays, Sundays and reeognited legal holidays, or days celebrated as such, shall be paid for at the rate of double(2) time. HOLIDAY RATE: All wort: perlontled on New Feat's Day, Memorial lla5�, fourth ufMy, I_abOl'Day, Veteran's Day,Thanksgiving Day, Christmas Day, or days celebrated as such, shall bepaid al the double time rate of pay. When cone of the foregoing holidays falls on Sunday, it shall be cclebrltccl on the follotiwing Monday. •Incremental Increase ANNUAL WAGE ORD R NO. R �ml OUT STL AW8 inldoc CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this _Ze 1!{., day of ,�_ 2002, by and between Concrete Engineering, L.L.C., hereinafter referre ' t o 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 2 South School Pedestrian/Bike Trail NOW THEREFORE, the parties to this contract agree to the following: 1. Manner and time for Completion: 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: Pag(3 1 0( 5 ,(a) Workmen's Compensation Insurance for all of its employees to be engaged In work under this contract. (b) Contractor's Public Liabilit 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 1 $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 Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage ' policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 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 of 5 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 t 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. B. 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, 1 including but not limited to attorneys' fees arising out or resulting from the performance of the Work, provided that any such claim, 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, 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 Page 3 of 5 otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party 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 sixty two thousand four hundred one and 461100 ($162,401.48) 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 00, Bid Bond 09. Anti-Collusion Statement 10, Contractor's 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. Idontification 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 16. 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(FFIWA) ' 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 1 35. Required Contract Provisions 36, Tree, Shrub, and other Wood Plant Federal-Ald Construction Contracts Maintenance-Standard Practices 37. Letters from 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. 1 13, Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 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 IT ESS WHER O_ F, the parties hereto have set their hands and seals this Gk. day , 2002. CITY OF JEFFERSON CONTRACTOR tayor Title: ATTEST: ATTEST: �'l /_�' %�h is ` ity Clerk Title: APP R VED ORM: , City Counse Pages of 5 Bond No. 103598135 PERFORMANCE, PAYMENT AND GUARANTEE BOND KNOW ALL tAFtq BY THEr F. f p \4✓(-!, li)CI LJT)d(-.•I,,iar)ed Concrete Enginerring, LLC hereinafter, (it,j jrijvelers Casualty and -1 Surety­Company I - . o f -Afijericii a Corr)matior-: under the laws of it ic S ta le of .Connecticut un(JI ou lho, tcj tr(:it j,acl business if-, the State of ­ Mjsso.u.r,_i _ (,Is Sufc.iy, uf(., h(.'Id (,.nd firmly hourld unto 11-le C,ity of Jefferson hereinafter referred to as "Owner" une ilunore(-i Sixty Tt.io Jhousancl Four in the penal sum at Ifundreil On(! an(] 4(3/IQQ DOLLARS lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our he-Irs, executors, administrators. ,ujccessors, and as-,igns, jointly and severally by these presents. THE CONDITION OF iHE F(A-,,; (301t"C' 0i3IlA_:,AI;UI I ff� A)CH WHEREAS, the above bounded Coniractor has on the day of 20 0 Z- , entered into a written contract"with the aforesaid Owner for furnishing all materials, equipment, tools, superintendence, labor, and other facilities and accessories, for the construction of certain improvements as designated, defined and described in the said Contract and file Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being atlached hereto and made a part horeot: NOW THEREFORE, if the said Conliactor shall and will, in cill particulars, well, duly and faithfully obsc r-ve, perform and abide by each and every covenant, condition, and part of the said Contract, and the Conditions, Specifications, Plans, Prevailing Wage Law and other Contract DOCUrnents thereto attached or, by reference, made a part lhe�reof, according to the true intent and meaning in each case, and if said contractor shall replace all detective Paris, material and workmanship for a period of one year after accepiance by the Owner, then this obligation shall be and becorne null and void; olher- ✓ise it shall remain in full force and effect. PRO'VIDEI) FURTHER, that if the Sol(.] Contractor fails to duly f)cjy for any labor, rn(-)IE't'iC1IS, susf(2nanc,-(-,,s, [-.)[cwkion', (�.Jofioline, lul'-)1-ic-aling oils, fw?'loill" greases, (:-.oal repairs, (,-ind look, or usf:,-d in staid wart:, groce�iios and foodstuff:., and al! insurance IX(-J11WMS, cornponsalion liabilily, and other-wise, or any olher supplie,, or rnatcrial, used or consumed by such Contractor or his, their, of its in pet-fc)rvnanc--:e of ihe work, contracted to be done,, Ihe aurc iy Will J:K)Y the san-ie in any ar-nount not exceedinq Jhc--� at-nour-11 of INS ja li(jr i, I(-1,(j(,-1h(i( with inteic-.•st as provided I.-)y law: PROVII-)E[) FURTH[P, f1hat the sal'd 'Jirety, f(l! VOIL11:! reCE-21VE2J, hereby sfipulales and agrec,--, ihot no ch(Inq(.., of o!ierafion, Ur addilion to the terms of conifacl, of thc v-,o0� k-, Ihc-reund(-,,r, or IhE: specifications accon-)POnying lho san-ic,!, Shall in any v✓ise affe-cl its obligul'(011 on this bond and it does hereby waive notice of any change, exiension of time, alieration, or addition to the iern)s of the contract, or to the v.,Orl-, or to the specifications: PROVIDED FURTHER, that if the said Contractor fails iQ, pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions lhereaf, the, Surety pay the deficiency and any penally provided for by lov., v✓hic:h the (7onlra.--for inc.uis by reason of (his/its) act or omission, in any OTTIOW'lf t-IC)f flja Cj1-j-j(-)Ljrjj Of this oblig,-,ition together with intei-esi CIS J7)t0V1d(1C1 by 1,--)V,,: IN TESTIMONY WHEREOF, the said C0T1ft-C3C-tOr has h(;1tT-LJf1fG se,' his hand, and the said Surely has caused these presents to he execuied in its name, and its corporals seal to be hereunto affixed, by it attorney-in-rata duly authorized thereunto so to do, at on this the day of 20-,-V Travelers Casualty and Surety Conn)anv of Arnerica Concrel.e D SURETY COMP/,NY CONTRACT OR BY '(SEAL) LIY-\Z,/,,- --- (SEAL) By k (SFAI.) BY' Afforney-in•faci (State R e p r r:?s e,n I a I i,, deannc,tte Davis (Accompany this bond with Aflorney-in-fact's authority ft-on-) the Surety Company certified to include lhe date of the bond.) State of Missouri County of St. Louis On this (a IV day of Ile, Co45 9Z- before n-►e, Claudia A. McGi-ath, a.Notaty Public 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-Fact of __Travelers Casualty and Surety Company of America the cotporation that. executed the written instrument. ' Notary Public in and for the County of St. Louis, State of'ij\' 1SSi7Ul-i My Commission Expires 8/27/05 CLAUDIA A.McGRATTI Notary Public-Notary Seal ' STATE OF MISSOURI St.Louis County My Commission Expires:August 27,2005 r IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURE:'I•Y COMPANY OF AAIFIiICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARALINGTON CASUALTY C'OAIPANY lra�,c caused this instrument to be nctl b� their Senior Vice President acrd their corporate sc;ds (r)be hcretn al•I'ixcd this 29th day ol•Januar} 2002. fps TATE 01'CONNITTICUT TR,1YEI,IA6 CASUALTY AND SURETY COAIPANY OF AMERICA I RAVELE16 t:ASUAL t•Y ANI)SURETY COMPANY }SS. 11,111fon) FAWNTINGTON CASUALTY COMPANY COUNTY OF i IAWIT'010) 31 HARTFORD, W HARTFORD, Z 1 9$2 o Hy. C(kA � � CONK. o t� ,-,k rvrcrA' ,o George W. Thompson ;� �;��'�� `6� ,�`° d`� • ^N Senior Vice President r On this 29th day ofJanuan•, 2002 before rite personally carne GEORGT: W. •IHO.NIPSON to nne knwn, tt•ho, being by me duly sworn, did depose and say: that Ire/slre is Senio,' Vice President of TRAVELERS C'ASUALT'Y AND SURE'T'Y COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARIIINGTON CASUAL.;1'Y CONIPANY, the corporations described in and which executed the above instrunncnt; that he/she knows the seals of said corporations: that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of(ttc corporations by authority of his/her office under file Standing Rcsolulions thereof. TAA - c. 'k AUB61�+ 'k My commission expires June 30, 2006 Notary Public Marie C. Tetreault 1 CERTIFICATE r1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS C.ASUALT'Y AND SURETY COANIPANY a nd FARNIINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY dial the foregoing and attached Power of Altornci• and Certificate of Authority' remains in full force and has not been revoked; and furthernnorc, that the Standing Rcsolulions of the Hoards of Directors, as set forth in the Certificate of Authority, are no\%• in force Signed and Scaled al the Elonnc Office of the Corttpany, in the C•il.y of I IartRrrd. Staic of Connecticut. Dated this �t�I� day of' r 2004. n�O HARTFORD, s r; a HARTFORD, y 1 9 6 2b o B y CONK, ao Z� s• t Kori M. Johanson --- -- ' Assistant Secretary, Bond n,+w" 1 r •I'RAVIA,EM CASUAI;I'Y AND SURETY COMPANY O1-'AMERICA I'R,\VELI:RS C'ASUAI:1'1' AND SUR1;•I'Y COMPANY I MCMINGTON CASUALTY COMPANY ilarlfur•d, Connecticut 116183-9062 =0 POWER OF ATTORNEY AND CERTIFICATE OF AU'1'II0RI.1'Y U1 X1'1"I'OIiNE;Y(S)-IN-F%�(;'I' KNOW ALL PERSONS 13Y TUESE PRESENTS, THAT '1'10VUERS CASUALTY I%ND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and hmving fhcir principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter. the "Companies") hath made. constituted and appointed, and do by these presents make, constitute and appoint: Gerald .1, Lux, Jeannette Davis, Renee Folkerts, of St. Louis, Missouri, their true and Iawful Attorneys)-in-fact, with full power and mithorily hereby conferred to sign, execute;Inc! acknowledge, at ally place within the United States, the following instruu)enl(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory Ill the nature of a build, recogit i/it lice, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thercbv as fully and to the Sane extent its if'the saute were signed by the duly authorized officers of the Companies, and all the acts of said I%ttorncvts)-ill-Fact, pursuant to tine authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of Ilse folliming SLutchnf; Resolutions oi'said Companies, which Resolutions are now in full force and effect: VOTE!): That the Chairman,the President,lute Vice Chairntart,any Exectttrre Vice PICSidcnt, any Senior Vice; President,any Vice President, any Second Vice President, the 'Treasurer, any Assi;;tant 'I'rcasurcr, the Cuiporaw Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act lm and on behalf,of the cnmpanv and may,give such appointee such authol ity as his or her certificate or authority may prescribe to sign with the Company's name and seal with the Contp;utc's,cal bond,, ICco:,nizances,contracts oC irtdlemnity,and other %%Titutgs obligatory in the nature of a bond, recognizance, or conditional undertaking, and any ul'saldl nflict.-is or the Huard ol'Director's at any time may remove anti•Stich appointee and revoke the power given hire or her. VO'TI D: 'Chat the Chairman, the President, ari Vicc Chairman, any FNCCUtivc Vice PrCS(demt, r.inv Scuior Vice I'residutt or any Vice President ray delegate all or any part ol'the turegoing authorit•, to one or more of icers or emploticcs of this Company, provided that each such delegation is writing and a copy thereof is filed in the office of tlic Secretan. O•l*ED: 'That any bond, recognizance, contract of incictutinN, or writing ohligntory in the nature of a hand, recognizance, or conditional undertaking shall be valid and binding upon the Contp,.uty Nclten(a)signed by the PlCsidCttl,anv Vice Chairman, any I"NCCIlliVe Vice President, any Senior Vice President or filly Vice President, ;ray Second Vic 1'resicent, the 'treasurer, rut;•%lssistant 'I'reasurcr, the Corporate Secretary or any ' Assistant Secretary and duly attested and scaled with the Contp;ur;'s seal by a Secretary or Assistant Sccrctruy, or(b)duly CXCCuted(under seal, if required)by one or more Attorneys-ill-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 delC,atiun otauthority. This Power of Attorney and Certificate of Authority is signed and scaled by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by (lie Boards of Directors of•1'I2r1VELERS CASUALTY AND SURETY COMPANY OF ANIERICA, TRAVELERS CASUALTY AND SURETY COMPANY and MRMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VO"I•HD: 'Chat the signature of each of the fi)Ilowing of iceis: 1'residcnt, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant SCCrctary, and the Seal of the Co 11 1 JIV nrr}.be affixed by fiicsimilc to azty ' power of attorney or to any certificate relating thereto appointing Rcsidcnl Vice !'residents, Resident Assistant Secretaries or Attorneys-in-Pact for purposes only of executing and attesting bonds and undertakings and other%%litiligs obligatory in the nature thereof,and any such power otattorney or certificate bearing such Caesimile signature or "csttnrle seal Shall he v;didl and heeling upon the Curnpnu) and any such potter sc cxecutedl artd ' certified by such facsimile signature and facsimile seal shall be valid artd binding upon tic Company in [lie Cuturc with respect to any bond or undertaking to which it is attached. (I 1•p(1 SLuul,ud) • Mau at 02 03: 11P susan moors 573-6380100 tp• 1 W . eb 77 )5/01/02 THIS CERIVICATE 0 MWW AS A MATMFt OF INFORMATION Mid-America Specialty Markets ONLY ANO COWMS NO FIKWM UPON THE CCRTWICAI-E HOLDFA. THtS CRAWMATE WWA MOT AACM, WEND on 3107 Green Meadows way ALTNIV T"k- cov6RAuE ArFomFD ov TM Poucws wtow. Suite 101 Cc tAmes A.FFORMWI SOP"G Columbia MO 65203- CCKVA"V - (573) 442-2276 A Statewide 'Insurwice CON~ Concrete Engineering, T,1c 0 241 Indian Meadow Dr CAWpxmv t_- -C Jefferson City MO 65101- COMPAW (573) j680-9504 D J: THM Is TO CERTIFY THAT THE POM48 OF INS~Ct LIVE 0 BELOW 14AVE 617CN ZSM0 YO THE INSUIWO NAWV ABOVE FOR nt POLICY PERIOD wu"Tw.M01141IT'"TANNNG ANY WOUR&ACK YVAM OR CONDITION OF ANY comaAcr OR GIRIER WCUMIZ41 IMTH RevacT TO WHICH I H to CEA11F)CAYT MAY Be 133UED OR MAY PGOTAK THE NZUKANCE AFFORDW DY THE 1•oLIMCS DESCwBCO menum m rat •ievr To ALL T,4r-,rrjw*, VCW3100 AND q.ONO1T)0N3_001:FxH FOI W•LF3.UMITS SooOWN MAY t4AYLv MI!M nCOVICED By P!Q CLAA -;7]_X_ Co •ouefrFrPolve ►oticyff"Mitoda LTR '4 um"t A 01MMOA UAVK11Y C94LAAL A=PSCATE 12.0156,6W Y CDV**-qCL*LC&dFK#A.L"pry 224060505 07/03/01 07/03/02 rpoDum-cmvmAw 121000,000 -1 occv;% o,,-A wAm FY KftC1NAL&A0VfXXfflY 91 1.000C 00 NY Dowmem I 00""ACTO"9pwr FCC.OCMWZW�C III I Intl- nnn 51000 ' I AWAU11) 224060505 07/03/01 07/03/02 L"T 6 110001-000 - _J "OWNCO hum% SCKMAIDAUTOS Oro=lly $ HKDAUV* INSURANCE D ftw= BY: GWMaeSIAWrY AU70VKY•EAA=0eH1 0 WfAU10 D ate: WHEIMAN AUM 01-LI A1.GRWaATV A A - �y * awnsusaarry ' alocrApotw wi 1' l UNOMLA NNW PENDING 04/29/02 04/29/03 Arrj"Ayc I 00-0 T"Ak UMWW"FOW A W-Ow"I Y I 724060506 07/03/01 07/03/02 tL rAck�w ' rle►AOp1l�traG R ,,,a, _FL mucvuwr 11000000 OFFXXFO AW. WA CLbi9&M-EAEWvTta 61000000 ADDITIONAL INSUREDS: JEFFERSON CITY & MECO ENGINEERING COMPANY INC. •9060"AM 60"V AM&M AMMM P6L0I3f 1W CANCKLID MPOW Mr. [XFftTKK DATE TWMPF. T"f FSSM4 COWA04Y VAU POKAVON TO RML AjJ_DAVS WWr1%14 WOUtt TO TK&C99MICAY1 OMOKA 94'WO 10 1"t it"4 GUT MILL"M MAK SUCH N*"(X"&U WPO"me COUSAf"00 IM"M City Of Jefferson Cr AW OW VMW TW COWARY. M "MM CO 1kCM%UW1%W4& Jefferson City MO 65701 k4 - May 01 02 03111p susan Moore 573-6300100 P' 1 / ., -M. ;i'EA ` �r1ATE °/ 00/`► r 05 O1 2 vlwwK:lyT TIUS CCFMFICATE 16 ISSUED AS A MATTER OF INFORMATION y Mid-America Specialty Markets ONLY ANO COWHIS NO HWJM UPON THE CE'RT(FICAITE 3107 Green Meadows way �Al REANF1COVER A FORDDFF.D BY THK POLICIES MLOO41w. Suite 101 COMPANIES AFFORDING COY Mgf Columbia MO 65201-- C�,ANY `- 573) 442- 276 (r4 )_- A Statewide ln5w ditie fNOWANY Concrete Engineering, L].c 241 Indian Meadow Or CIMPAWY C -- - - -- Jefferson City MO 65101 - CD,AOw,V - (573)80--9504 D 11 },( TH.,1.'� •(},' ,,,,'�'". .,•,,...•'•. '•.' . . ,.I,i7{,jail i�,� ,",I q,.!li'..,,, .yfty iii••' '�.•i.�.''I'�:1�'�,'�: •`.1 :,tljl THTS AS TO CERTIFY TNAT E POLICIES OF INZIUAANCE UsTED t1EL4OW NAVE DI'I:N t;SUIO TO IHE INOUSED NAMCO ADOVE FOR TfrF POLICY PLA1OO INEI{CATEO,NOTWIT119TANNNG ANY PEOVIACMCNT,TEAM OA CONDITION OF ANV CONTRACT OA OTHER DOCUMENT WITH RESPECT TO WI11C14 TNNT CERTIFICATE MAY CC taSUED OR MAY 116WAIN•THE INSURANCE AFIvOPDEO DY THE PO41CICS OESCROEO 14141EIN M SUw1ECT TO ALL THC TCJ1M0. B7rCLUSIONS AND CONOITIONS OP 3vCm POI K IES.I.IAAITS X"OWN MAY HAVE HCT!N RCOUCED DY PA C IA _ lTA tVs9 OlAKUAAUCf POIKVMU�IfI .o{►cYRK[GTIV! AoucYnlnAAnoM UNIT} CO RAIL(YMRfMfY1 DAt!IWwDt)/rr) A mlMdHI1L U/y1l1rY GEHIAIi.ACQAMWE 12,.. 0,OT n. 7TW ACIA{,GEW�"�LLuwurY 2?.4060505 07/03/01 07/03/02 Pro°uOrcM001r,OH'A00 i2 000, 000 u"'""c'"A`HI L.J°�'�' 0CFM0 AL&ADV_ MM 91 , 000,000 Y I CW NE11StOOWV*CTORcPAOT "r..OCCUR Aenee _ .1 000,000 FOW OAMr4E(AM OM IMO) 1 10-2-1000 ... )ADCUV MyoM 1 5 000 A AuroMofm EMMA" !WYAUIO 224060505 07/03/01 07/03/02 `1 000 000 I AU.OWWO AU" eooaY*May ` X NCHEOLUDAUTDS PwPe}YOA) I'"W AUTOS (WILY KAMY - i NON•OWNET)AU110S P"bu 6prvo ►po.�pry aArAArr � f>M}1AOCf,1AMNYV AUTOOKY•lAACCOENT i ANY AUTO / / / / OTHER TIM AU;D D-A-C "'— -^ rACH ACGDfNr 1_..___ I AGGADC.ATY I +- ^ A txcee.uNw mr LACI l OCCLMAENCE ell 000'_000 X UVWELtAKXW PENDING 04/29/02 04/29/03 Art.IlmArs . __ M64A TWAM U4klIE1dA FOW t A woATCm ooMwUtunoN A,tD X ill IH E9' EIALOVM'UAlYIfTV 724060506 07/03/01 07/03102 ft CACkACCOENT 11000000 Tne P�°F"! X " e�of ..PoTicv um" 110 0 0 0 0 0 QFfiC£AA** TvE 11000000 oTR111 OQCMIrpM O!OPlMTlOYlAOC4TIOMLIMtMKifintP(CIA{,{TpA6 ADDITIONAL INSUREDS : JEFFERSON CITY I M200 EOGINE13RING COMPANY INC. 1��'+.r"vH1T+'T'!;t["t•..�.F:H%•'-,..?L�i.... .:�at1.. ,�{-1•,7i.�.;•! �,. ''Tip::��`�H'.^..!TI'^.T��.�.'riYi�l.a!•.i 1�a� /:.i:: -r}•;�•t',i'•y;. Ao, {11,..ji:'1�.4', IMO°{A ANV OP Ti1C AMW bq%OWICD POMIO K CAMCULAD WFDOM 1N! ' E1VIRAMM MT! tWW.AF, TNL If311111A OOWA IY WILL D14CAVOR TO NNL L" mis wwrT{M MOrcA To IN6 ceatuxATE MOL°IIR MAwa in INx L[!T, Olrr rMUJM b NA1l:HICK MOTIBC sma"W►of!mo OYLIGAr10M OM ua"nV City Of Jefferson C. AMY wHa Oft* T14 CON/•AMV, ITC AGOM OA Itc WAVIVM 1 Jefferson City MO 6 5 7.01 ' ) �rl ( - I V MP '. I1p{ •.,..l;::i.l�>.",,'�.4�.,t;;;:..., ,i�::��,i. �. t'i��.:::a:7;,�:•..,c'1::;,r;.,,i;::'�,.,;.lj,r f>,:ti;'�tI0 A6�.� ��11AW1 -Mam ul 02 03: 11P susam moore 573-6300100 0 ... 01 A _Q1/-02 THIS CCFI VICA7S 06 MUW AS A MATTER Of INf ORIIATION HOLD FA, COMERS NO FfKM-M CERTWICATE Hid-America Specialty Markets HOLDFA, TWO C9071MATE DOVS NOT AJmk WHO. Em"D on 3107 Green Meadows Way Aj.vm"'TP3t- CCW68AUE AFFOFH)FQ BY YMPOLICIES BROW. slulte 101 __-SqMPtN FS�FPOFT!NQ 20V L__ _ ColumbiA MO 65203- COWAhv, (-571) 442-;27D A Shatewide Inpui-wice mmuftm CCXWANV Concrete Engineering, Llc —0 241 Indian Meadow Dr cnmoxmv Jefferson City MO 651 01-- coupmv (573 80-2504 ' 0 THM IS TO CERTIFY THAT THE►OUCoes OF INSUAANCE tivea Sum mviE of'CN MUMO TO THE MUMD hOMCO ABME FOA TW POLICY PER100 OJOICATED,NOTWTH9TANNNO AW WOUA&AfHr, eAM OR CONOMN OF ANY COMPACT OR GTHGR DOCUMENT WITH AWSCr TO VMtCHT HM CEPTIMAyff MAY X 03UED OR MAY PSATAK TR MURANCE AFFORDED DY THE POLICIES VE56amr)ME141-IN M r4MILICT TO ALA."C TCAM*. CLUMMANOCONDmoNq Of SUCH P00rJeS.LIMITS$"OWN ANY NAVE"194 nEDUC•0 VyPAMJPj4CLA co 1 VA rfr.-OF mm*m"K9 "UMN(m"C" um" DAIS IMUMAYM *&If J= A avw&AL mss mm rMEPAL AWASWE t• IM0�O-ffl Y Y CD0mWmjCftQEhdVALLAb1,jrY 224060505 07/03101 07/03/02 m%omjv&-oowoPAw 12, OODI OUO OA"WM my K0d0WLAA0VftXW 11'-000' 009 1 Y SAC-OCCtAtACW-e 41 ,000,000 FXC DAW"tAft or*Pro) .1 1 Q 0,5 0 meqmvj!=nu�.= . 6 5, 000 A AUTO NOOM UOMLM —)AWAu 224060505 07/03/01 07/03/02 $ fo 1,00 ..j 0, 000 —1AW0WNMAUTOS &VN.V ram 6CREOMDAUTUS ft P&N-V I — IOWMAM NWILYNWAY I "101Y AU1115 9"wsewl* GANOACUADSM AUTO ONLY.eA AC=Nl I *VAVIO RVIS011MALMON►r CA0$4ACCO"r 6 E -- I ---- ---- A 0MAILl"I"V CAL1j0CCVR0fNC8 21 ,000,000 �qLOMMLA POW PENDING 04/29/02 04/29/03 Ob-RA TAN UWMUAA MW 9 T04 A w6PKm&o*wtmrmjkPm y mt�li EWLOVVWUUWJW 724060506 07/03/01 07/03/02 ft EACk ACCMNT � 9„Npt fie VO4 VE (-V-1 TL ;6v UWT 11000000 I” OF Aw. Em ft 012eW-rA E oTNNaw ' oens►rNgM a areNU►noNOAacATlc+wsrvwr+c+wa�saAt,tTnAa T ADDITIONAL INSUREDS: JEFFERSON CITY & MECO ENGINEERING COMPANY INC. P!t! $Hft"AW CW YK AMW 0001"M PO"COM K CANCILLO NOOK I" EX"IA"UN VAYC TWOWF. Yft m"G 0OWANY WHA P000"N TO "AOL ' ,t 11 DATA WOMM NOMA M IN&C919MCATI"Mina NAMO in Im M", our roju"PC W"suc"won""ALL wom m ow"M-0 up uk"nv City of Jefferson OF ANY OW UPON TM tOWMV. 11% AMWM on Wme—WAVII& Jefferson City MO 65201 u, oq n �"-'j 106411., tf'.. AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW I, the undersigned, _ of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1. That I am employed as _ _ _ by 2. Thal was awarded a public works contract for Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail, 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 . 9 P p requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 4. That has fully complied with the p rovisions and requirements of Section 290.290 RSMo (1993 Su pp.) FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and sworn to before me this day of , 20 _ NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) ' )ss COUNTY OF ) EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, _ _ _ _, of lawful age, first being duly sworn, state to the best of my information and belief as follows: 1 , That I am employed as ----_ by 2. That was awarded a public: works 1 contract for Project No. STP - 3100 (509), Phase 2, South School Pedestrian/Bike Trail. 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. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and ' laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of since no Missouri laborers or laborers from non-restrictive states are available or capable of performing _ FURTHER AFFIANT SAYETH NAUGHT. AFFIANT l Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC My Commission Expires: APPROVED BY: DIRECTOR OF PUBLIC WORKS,CITY ONEFFERSON,MO. GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are "General Provisions of the Contract", modified as set forth in the Special Provisions GP-1 CONTRACT DOCUMENTS. It is expressly understood and acfreed that the Contract Documents comprise the Notice to Bidders, Instruction to Biddars, General Provisions, Special Provisions, Bid, Contract, Performance and One Year Guarantee Bond, Specifications, other clocurrIants listed in thy! Tahle of Contents and found in thin,Volume. Plans, all Addenda thereto issued prior to the time of opening bids for the work, all of which are hereto attached, and other drawings, specifications, and engineering data which may be furnished by the Contractor and approved by the Owner, together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to'be furnished. All of these docUITlentS are hereby defined as the Contract Documents. The several parts of the Contract Documents are coin plementary,.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 constructing complete and ready to use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards, The Contract shall he executed in the Stale and County where the Owner is located. Three (3) copies of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted, the Performance Bond properly executed, a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1) with the City Clerk of the City of Jefferson One (1) with the Jefferson City Director of Public Works One (1) with the Contractor GP-2 DEFINITIONS Wherever any work or expression defined in this article, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning herein given: 1. "Contract" or"Contract Documents"shall include all of the documents enumerated in the previous ' article, 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers or ' agents. Generally this will be the "City of Jefferson". 3, "Contractor" or the words "Party of the Second Part" shall mean the party entering into contract for t the performance of the work covered by this contract and his duly authorized agents or legal representatives, 4. "Subcontractors"shall rnean and refer to a corporalfon, partnership, or individual having a direct contract with the Contractor, for performing work at the job site. 5. "bigineer" shall n"loan the authorized rep(w.wiltative of the Oire.c;tor of Public Works, (i.e., the Engineering Stipaivisoi). G. "Constriction Reprosenlabve" "hall rneiui the ell gunu:nntl of tec.hrtu;,il aa:.r,liutt duly authorized by the Engineer limited to the particular dude.. entru-,twl lu fnrn or (aeon as sub:;oduently set forth herein. 7. "Dale of Award of C;ontiod" or w,wld�, equivalent thowto, ",hall rncr+n the dato upon which ills successful hiddrrr';; ►uopcx;al i,: ac.;;epted by the Oily. 8. "Day" or "days", unless howill otherwrii.! expre r,ly defined. ;hi+ll mean ;i calendar day or days of twenty-four horns each f). "The work" ;hall rnl,an Ill+. wmr III lie dnnl. ,Intl Ho.. rlliu;>r+wr+t, -.uppho" anti nri+tmkil!; to be fufni.,hod undid Ihe; conb,Ir.t, m am. other rneilnln({ r; utilic;lted by the r,ontext 10. "Plans" or "drawings" shall mean and include all drawings which may have been prepared by the Engineer as a basis for proposals, ali drawings subrnittod by the successful hidder with his proposal and by the Contractor to the City, if and when approved by the Engineer, and all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 11. Whenever in these contract documents the words "as directed", "as required", "as permitted", "as allowed", or words or phrases of like import are used, it shall be understood that the direction, requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words "approved" "reasonablo.. ..suitable" "mxoplable" "properly" "satisfacto ry", or words of like effort and import, unless othenvi�;e paltir.rrlmly specified herein, shall mean approved, reasonable, suitable, acceptable, proper of siitisfi+clory in the judgment of the City and Engineer. 4P 13. Whenever any statement is made in these Contract Documents containing the expression "it is understood and agreed" or any expression of tits like ifliport, :.uch expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications"shall mean the Iate%t edition of the "Missouri Standard Specifications for Highway Construction" pre pared by tilt: Missouri Highway and Transportation Cornrnission and published before the dale of this contract. 15. "Consultant" shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by care_ful exarnination satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during ' the prosecution of the work, the general local conditions, and all other matters which can in any way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or ernployee of the City, either before or after the execution of this contract, ,hull affect or modify any of the terms or obligations herein contained, ' The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE ENGINEER ' The Engineer shall be the City's representative during the construction period and he shall observe the work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority to r act on behalf of the City. The Engineer aSSUnles no direction of employees of the Contractor or subcontr<lctars and r10 SUpervision of the construction activities or responsibility for their safely, The Engineer's sole responsibility during construction is to the City to endeavor to protect defects and deficiencies in the work. rAny plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. GP-5 BOND Coincident with the (!)oucution of the Conti act, the Conti a,tnr slmll furnish a good �lnd suffi(Jent :.uruly bond in the full aunount of the contract sure. l'llis surety bond, executed by the Contractor to the City, shall be a guarantee: (a) for the faithful I-)erformance and completion of the work in strict accordance with the tenets and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any mariner became a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the r completed project by tile City, the payment to the City of all damage loss and expense whictl may occur to the City by reason of defective materials used, or by reason of defective or Improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. rAll provisions of the bond shall be complete and in full accordance with statutory requirements. The bond shall be executed with the property sureties through a conlpriny licensed and qualified to operate in the state and approved by the City Bond shall be signed by an agent resident in the state and date; of bond Shall be the d;:rte of Oxtrr:utiun of HW contract. If at any time during tho continuance of the contract the surety on the Contractor's bond boc:omes irresponsible, the City shall have the right to require additional anus sufficient sureties which the Contractor shall furnish to tire, satisfaction of the; City within ten (10) days after notice to do so. In default thereof, the contract may be suspended, all payments or money due, the Contractor withhold, and the contract completed as hereinafter provided. GP-6 INSURANCE ' GP-6.1 GENERAL: The Contractor shall secure, pay for and maintain during the life of the Contract, insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts, form and companies satisfactory to the City, The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized ' representative and stating that all provisions of the following specified requirements are complied with. All cortificatos of insurance required howin shall state that teal (10) days written notice will be given to the ' City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in an insurance: company authorized to do ' business in the State of Missouri. GP-6,2 BODILY INJURY LIABILITY & PROPERTY DAMAGE LIABILITY INSURANCE (1) Bodily Injury Liability insurance covorage providing limits for bodily injuries, Including death, of not less than $2,000,000 per person and $300,000 per occurrence. r (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one occurrence nor less than $2,000,000 aggregate to limit for the policy year. GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY DAMAGE LIABILITY INSURANCE_ (COVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least $300,000 per person and $2,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 aggregate. GP-6.4 CONTRACTUAL LIABILITY Property Damage coverage with $2,000,000 aggfogate Iimil. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that might arise as a result of-the operations of the Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2, 6.3, 6.5 for property damage liability shall contain no exclusion relative to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of, or structural injury to, any building or structure on or adjacent to the City's premises, or injury to.-or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with Bodily Injury or Death Limits of not less than $300,000 per person and $2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. ' GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION Employer's and Workmen's Compensation Insurance its will protect him against any and all claims ' resulting from injuries to and death of workmen engaged in work under this contract, and in addition the Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with a limit of$300,000 por person. The "All Slate" endorserrrent shall he included In case any class of employees is riot prntected under the Workmen's Compensation Statute. the Contractor shall provide and cause sur.h contractor to provide adocfuate erne Dyer's liability cvvera", As will protect hire against any claims resulting troll) injuries to and death of workmen engaged in work under this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure ant1 protect the Contractor and the City Irnm ,ill im.urahle risks of physical loss or damage to nwlorials and equipment, not otherwise covered under BLliltfer's flick Insurance, when in warehouses or storage areas, during installation, during testing and until the work is Accepted. It shall be of the "All (disks" type, Witt) Coverage dosigned for the circumstances which may occur in the particular work included in this contract. Jhe covem(.1e ",hall be for an amount not less than the value of the work at completion, lase the value of the millenal arld aquipnlent insured tinder Builder's frisk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk insurance. Installation Floater Insurance shall also provide; for losses, if any, to 1)e adjusted with and made payable to the Contractor and the City as their interests.may appear. If the aggregate value of the City-furnished and Contractor•jurnished equipment Is less than $10,000 such equipment may be covered under Blaiider's Risk Insurance, and if so covered, this Installation Floater Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considetations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assurnes (till responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equiprnc:nt, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by, arising out of or incident to larceny, theft, or any cause whatsoever (except as hereinbefore provided) to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials, and supplies necessary to the work, 1� 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 cut of action or suit that may be brought against the City or Engineer ar any officer or agent of either of them, for or on account of the failure, omission, or neglect of the Contractor to do and perform any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or In connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools and supplies incurred in the fulfillment of this contract. GP-6,12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE jo Upon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give the details as to the happening, the cause as far as can be ascertained, the estimate of loss or damage done, the names of witnesses, if any, and stating the amount of any claim. r GP-7 ASSIGNMENT OF CONTRACT The Contractor shall not assign or transfer this contract nor sublet it whole, without tit written cow,enl of the City and of the Surety on the Contractor's Mond, Such cowwflt of Surety, together with coley of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consonted to, shall relieve the Contractor of his liabilities under this contract Should any assiclnee. flail to perform the work Undertaken by hirn in a satisfactory manner, the City nuty .at hi!; option annul and ternilmito A:,-,J onvo ; contract. GP-fi SUBCONTRACTS, PRINCIPAL MATERIALS& EQUIPMENT Prior to the award of the contract, the Contractor shall suhmit for ;ippiovai of Um City a Ie.t of ;uhcontr,actnr,; and the source:; of the pnocipal itellis of na<alumill!; mid oquilinaf-lit winch he l,ropo!;,.,, to w,r rn Ow construction of the project. The Contractor agrees that fie is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly ernployed by them as fie is for the nets and omissions or persons directly employed by hirn. Any notice. to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, Including the Engineer, shall have any power or authority r whatsoever to bind the City or incur any obligation in its br.hatf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defect in such work that renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other contractor's work after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by this Contract,the respective rights of the various interests involved shall be established by the Engineer,in order to secure the completion of the various portions of the work in general harmony. ' GP-10 LEGAL RESTRICTIONS,PERMITS AND REGULATIONS The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature ' and shall give due and adequate notice to those in control of all properties which may be affected by his operations, Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided by the City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on tfae conduct of the work as drawn or specified. GP-11 ROYALTIES AND PATENTS It is agreed that all royalties for patents or patent claims, inkingernent whether Minh patents are for processes or devices, that might be involved in thr, construction or use of the work, shall be included in the contract amount and the Contractor shall satisfy ail demands that may be made at any time for such and shall be liable for any darnages or claims for patent infringonlents, and the Contractor shall at his own expense, defend any and all Suits or proceedings that may be Instituted at any time against the City for infringement or alleged infringement of any patent or pertants involved in the work, and in case of an award of damages, the said Contractor shall pay such award; final payment to the Contractor by the City will not be made while any such suits or cln ir.,i renwin unsettled. GP-12 SCOPE AND INTENT OF Sf?ECIFICATIONS AND PLANS GP-12.1 GENERAL. These Specifications and P►oject Plan., are irntenc)c,d 10 �Aupplau►on1, but rtc,t nc,cu�,sa►ily duplicate each other, and together constitute one complete set of Specifications and Plans so that any work exhibited in the. one and not in the other, shall be executed Just as if it has been sot forth in both, In order that the work shall be completed according to the Complete design of tho Endineor. .Should anything be omitted from the Specification, and Plans which 15 necessary to a clear understanding r of the work,or should it appear various instructions are In conflict,then the Contractor Shall secure written Instructions from the Engineer b©fore proceeding wi(h'the construction affected by Such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning and intent of the'contract, sperilic,alions rind plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN Dimensions and elevations shown on the plans Shull bu crccumtcfly lollowed even Ihoucih Illoy differ from scaled measurements. No work shown on the plans, the dimensions of which arc not indicatod shnH be executed until the required dimensions have been ohtainad front the L nginacr GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions, elevations and quanlitios shown on tho plans, and schedules given to him by the Engineer, and shall notify the Engineer of nny discrepancy betwoon the plans and the conditions on the ground, or any error or omission In plans, or in tho layout n:,frivon by:Makes, points, or instructions,which he may discover in the course of the work. The Contractor will riot be allowed to take ' advantage of any error or omission In the plan:;or contract documents, as full inslit►ctions will be furnished by the Engineer should such error or omission be discovered, and tho Contractor shall carry out Such instructions as if originally specified. 1 The apparent silence of the Plans and Specifications as to any dotail or the appurorll onilssion front thatll of a detailed description concerning any point, shall be rogardod as rnortning that only tho bust gonciral practices, as accepted by the particular trades or industrios Involved, shall ho usrsd GP-12.4 STANDARD SPECIFICATIONS ' Reference to standard specifications of any technical Society, organixcition or association, of to codes of local or state authorities,shall mean the latest standard, code, specification, or lontutivo spocli;catioll adopted and published at the date of taking bids, unless Specifically stated othorwiscr. ' GP-13 CONSTRUCTION REPRESENTATIVE 6T P ROJEC7 The City may appoint or employ such "Construction Representative" ns the City may doom proper,to observe the work performed under this Contract, to the end that said work is porfotrnod, in sub trtn(ial accordance with the plans and specifications therefor. The Project Representative assumes no direction of employee; of the Contractor or Stihcontractru"; and no supervision of the construction activities or responsibility for their safety. The sold duly of the f'rojm1t Representative during the construction is to the City to endeavor to protect uct.rin:;t rinfec,t-, mid deficir nr.ir;c; in the work. The Contractor shall regard and obey the directions and instructions of the; Construction so ' appointed, when the sane are consistent with the obligations of this contract and the spimAi ;atrowi therefor, provided, however, that should the Contractor object to any order given by the Construction Roprf,!wnlalive. the Contractor may make written appeal to the Engineer for his decit;ian. The Construction Representative and other properly authorized representatives of the City shall hc, free ,r1 all times to perform their duties, an intimidation or attempted intimidotlon of any con of Ihonr by the Contractor or by any of his ernpfoyows shall be sufficient mason, it the (;rty "n decade",, to ;u,nul th+. contract. Such construction representation shall not relieve the Contractor from any obligation to perforrn said work -strictly in accordance with the plans and specifications or any modifications thereof as herein provided, and work not so constructed shall be removed acid made good by the Contractor at his own expow;a, and free. of all expense to the City, whenever so ordered by the Engineer, without reference to any provlous oversight in observation of work. Any defective material or workmanship may be rejected by the Engineer at nny time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment.- The Construction Representative shall have no authority to permit any deviation from the flans and specifications except on written order from the Engineer, and the Contriwlor will be liable, for any deviation except on such written order. All condemned work shall be promptly taken out arui replaced by satisfactory work, and all condemned materials shall be promptly removed from the vicinity of the work. Should the Contractor fail or ietuso to comply with instructions in this respect the City may, upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be uncovered by the Contractor. If such work be done in accordance with the Contract Documents, the City shall pay the cost of reexamination and replacement. If such work be found not in accords►nco with the Contract Documents, the Contractor shall pay such cost, unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. The Contractor shall furnish samples of testing purposes of any material required by the Enginoor, and ' shall furnish any information required concerning the nature or source of any material which lie propose;, 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. e The Contractor shall notify the Department of Public Works not less than 48 hours before stakes are required. No claims shall be made because of delays if the contractors fail to give such notice, The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become e damaged, lost, displaced, or removed by the Contractor, they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by vase lines, offset stakes, bench marks, or other basic reference, points checked by the Construction Representative may be ordered removed and replaced at the Contractor's expense. GP-15 CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and iae shall replace at his own cost and expense any and ali such material found to be defective in design or manufacture, or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to he d(:f(;ctiv0 at any time prior to the expiration of one year front the date of final payment. The manufacturer of pipe for (►se on this project shall certify in writing to the City that all materials furnished for use in this Project do c=onform to these specifications, Whenever aandard tests ;ire conducted, he shall forward a copy of the tc:,l ;r;sults to Ilw City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor., shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP The Contractor shall keep on his work, during its prortress, 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. Tile employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC Whenever any street is closed, the Police Department, Fire Department, and Ambulance Services shall be ' notified prior to the closing. When a portion of the project is closed to through traffic, the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of 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 rr►ake every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS All streets, roads, highways, and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest Intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning frorn sunset to sunrise. Materials stored upon or alongside public streets and highways shall be so placed, and the work at all times shall be so conducted, as to cause the minimum obstruction arid inconvenience to the traveling public. All barricades, signs, lights and other protective devices shall be installed aril maintained in conformity with applicable statutory requirements, and in conformance with the Manual of Uniform Traffic Control Devices. All necessary barricades, signs, lights and other protective devices will be furnished, installed and maintained by the Conte:Aor. This work sf.:ell be Subsidiary to the construction arid no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES Pipe lines and ether existing underground inslallrrtions and SUuctureS in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. *File City does not guarantee: the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines, conduits and structures by contacting-owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not shown by the plans, or found in locations different than those indicated, shall not constitute a claim for extra work, additional payment or damages. No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners, and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. Utilities, other than sanitary sewers and water mains,which, in the opinion of the Engineer, rmust be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by a excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY The Contractor shall be accountable for any damages resulting from his operations. He shall be fully responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers-and utilities above and below ground, along, beneath, above, across or near the site or sites of the work, or•other persons or property which are in any manner affected by the prosecution of the work. The Contractor shall furnish and maintain all necessary safety equipment such as barriers, signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement or protection Of Such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property, the Contractor,without ' special Instruction-or authorization, Is hereby permitted to act at his discretion to prevent such threatened loss or injury, and tie shall so act. Any compensation, claimed by the Contractor on account of emergency work,shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP The Contractor hereby guarantees the work in connection with this contract against faulty materials or poor workmanship during the period of ono (1) year after the date of completion of the contract. GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract, or of any po,,ver herein reserved to the City, or any ri ght to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent broach. GP-25 USE OF COMPLETED PORTIONS If-desired by the City, portions of the work may be placed in service when completed or partially comploted and the'Contractor shall give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction Unlit the entire work under this'CQntract Is finally accepted and for the guarantee period thereafter. GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner, without Inval{dating the Contract, may order additional work to be done in connection with the Contract or may alter or deduct from the work, the Contract sum to be adjusted accordingly, All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer,which order shall state the location, character, amount, and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. If the modification or alteration increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26, If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase, delivery and subsequent disposal of materials or equipment required for use on the work planned and Which could not be used in any part of the work as actually built. 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is riot clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and subihitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor lot 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 prolits on any portion of the wotk that may be ornittod Extra Work: (a) The term "Extra Work"shall be understood tQ mean and include all work that may be required to accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is riot otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: ' 1. Method A: By agreed unit price 2. Method B: By agreed lump sum 3. Method C: If neither Method A or B can be agreed upon before the work is started, then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard , Specification for Highway Construction, as published by the Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK The Owner may at any time suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date fixed ' in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does ' not give notice in writing to the Contractor to resume within a reasonable period of time, then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portlons abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this ' contract,the Owner;after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT t If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may,without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method lie may deem expedient. In such case, no further pr1yment will be made the Contractor until the work is finishe=d. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative.cervices, such expenses shall be paid to the Contractor. If such expense shall exceed siwh unpaid halance, the Contractor shall pay the difference to the Owner GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public.authority, for a period of three Months, through no act or fault of the Contractor or of anyone employed by him, then the Contractor may, upon five (5) days writton notice to the Owner and the Engineer, stop work or terminate his contract and recover from the Owner payment'for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be clone, of from the action of the elements, or from floods or overflows, or from ground water, or from any unusual obstruction of difficulty, or any other natural or existing circumstances either known or unforeseen,which may be encountered in the prosecution of the said work, shall be sustained and borne by the Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 amt., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular procedure with the written permission of the City;such permission however, may bo revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night. - 3 UNFAVORABLE CONS RUCT GP ON CONDITIONS 3 CONSTRUCTION During unfavorable weather, wot ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will riot be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the work In a proper and satisfactory manner. GP-34 OMITTED ' GP-35 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each rase, all materials and equipment furnished for permanent ' installation in the work shall be new, unused, and undamaged when installed or otherwiso incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each c=ase. GP-36 DEFENSE OF SUITS In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of thO failure, ofnission, or neglect of the Contractor to do and perfoini any of the covenants, acts, matters, or things by this contract undertaken to be done or performed, or for the injury or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workinon, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the ' fulfillment of this contract, the Contractor shell indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, Or decrees whate.var :.arising out of such action or suit that nray be brought as aforesaid. GP-37 CHANGE ORDER Any changes or additions to the scope of wcark :;hall be through ;a written from the I Jglirwer to the Contractor directing such changes in the work as tirade neces:;ary or dw.'Imhle by unforc:;cen conditions Or events discovered or occurring during the progress 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 the contract. A working day is delined as any day when, in the judgmen.t 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 ,top work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will 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 time on the grounds that he is unable to . work due to causes beyond his control, tae shall state his reasons in writing, furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or.causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. GP-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 fail to complete the work ' within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each day and every calendar day that such contract rernains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract, and will be deducted from any money due the Contractor under the contract, and the Contractor and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time, or after any extension of the time, shall in no way operate as a waiver on the part.of the City or any of its rights under the contract. GP-41 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT Contractor will be paid for quantities actually constructed or perforned as defern)ined by field measurement (except as may be hereinafter provided) at the unit price hid for the items listed in the schedule of the Bid or for such extra work as may be authorized aril approved by fire Engineer. The cost of incidental work not listed in the schedule of the Bid but necessary for the c.ornpletion of the project shall be included in i)id items. (b) DEDUCTIONS FOR UNCORRECTED WORK If the Engineer doems it expedient not to cc)rre(;t work that has beer) d.unaged or that was not dune in accordance with the Contmc t, all equitable deduction from the Conflacl price sh rll ho rn,)de thorefore (c). LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all.labor, materials, tools, aril equip►Trenf to consfnrct the item as doscribed herein and to the limits shown*on the plans.. (d) PARTIAL PAYMENT Partial payment will be made on a monthly,basis. The payment shall be based on the work that has been found generally acceptable under the contract by the City E=ngineer or inspector. A retainer equal to 10% of the amount of work completed to date shall be withheld. (e) ACCEPTANCE AND FiNAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work required by this contract has been completed and is acceptable by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty (30) clays after the date of said final certificate, • (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department ' of Public Works a Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents, GP-42 RELEASE OF LIABILITY ' The acceptance by the Contractor of the last payment shall operate as and shall be a release to the Owner and every officer and agent thereof, from all claims and liability to the Contractor for anything done or ' furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating to or affecting the work. GP-43 CERTIFICATIONS GP-43.1 All suppliers of materials such as drainage pipe or handralf and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Public Works at least 24 hours before the product is to be r used on the project. GP-43.2 The City, at its OlAori, play pr:rfornl of have performed such less as may be doorned necessary to further +sure that only specified nnteriais aw incorporated role, the work. GP-44 LOCAL PREFERENCE In making pl11Cha5eS or in letting contracts for the peffoiniance of any job or service, the purc:ha:,irlg agent r shall give pfeforerice, to all lifills, Corporatir)nS or IndiVldUals which rnllntain offlcw. of phices of bll'sirless within the; cotpofatc limits of (fie City of Jefferson, when the quality of the cornrnedify e► polfoon0lWo promise(] is equal of better anrd the price quoted is the sarne or less. GP45 PREFERENCE.FOR U.S. MANUFACTURED GOODS On purchases in excess of $5,000, the City e7.hall select procdlwt:� nlariufarttife d, a ,,rniblr rd or produced in the United States, if quantity, quality, and price are equal. Every curltfact lot public work.!; construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP46 AWARD OF CONTRACT- REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms.for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest rind best responsible bidder on the base bid proposal, complying with the conditions of the Adverlisement for bids and Specifications, providing the bid is rea',mnable and it is in the interest of the Cily of Jefferson, Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids arid to Waive all informalities in bids received whenever such rejection or waiver is in their interest, GP-47 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONT'RACT'S 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 stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), an act relating to Public Works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. GP-48 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri,which is defined as any month immediately following two consecutive calendar months during which the level of unemployment in the Stale has exceeded five percent(5%) as measured by the U.S. Bureau of Labor Statistics in its monthly ' publication of enlployrrlent and unemployment figures, only Missouri laborers or laborers from non- restrictive states may be hired by the contractor or subcontractors to work on this Public Works' contract, An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or ' are incapable or performing the particular type of work involved, if so certified by tile contractor or subcontractor hereunder and approved by the Public Works Director of the City of Jefferson, Missouri. Nor does this provision apply to regularly employee] non-resident executive,supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any ' federal statute, rule or regulation. Laborers from non-restrictive states means persons who are residents of a state which has not enacted 1 state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who has resided in Missouri for at least thirty (30) days and intends to become or remain a Missouri resident. GP-49 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND ' MISSOURI LABORER REQUIREMENT In the event a contractor or subcontractor hereunder files with the City of Jefferson an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended),when in fact the contractor or subcontractor has riot complied, to the extent that any liability is assessed against the City of Jefferson, Missouri, or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability assessed against it or any additional expenses incurred. Any contractor who 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 Jeffefson, 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 DETAILS The Technical Specifications for this project shall consist of the 1999 version of the Missouri Standard Specifications for Highway Construction except as modified or contradicted by the City's Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in the contract documents. .• All construction details included with the plans and attached hereto shall be used in constructing this project. PARTIAL ACCEPTANCE The City reserves the right to accept any part or all of the bid for the project. . SP-3 PRE-CONSTRUCTION CONFERENCE Prior to starting work, a pre-construction conference will be held to discuss the project, its scheduling and its coordination with the work of others. It is expected that this conference will be attended by representatives of the Owner, Tile Engineer,the Contractor and.his Subcontractors, and the Utilities, as well as representatives of any other affected agencies which the Owner may wish to invite. The work schedule specified in Section IB-23 of the Information for Bidders will be submitted at the conference. SP-4 PREVAILING WAGE LAW ' Bidders are hereby advised that compliance with the Prevailing Wage Law, Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, is a requirement of this contract. (Reference Section I13-20). Section 290.265 requires that a clearly legible statement of all prevailing hourly wage rates shall be kept posted in a prominent and easily accessible place at the site by each contractor and subcontractor engaged in public works projects, and that such notice shall remain posted during the full time. SP-5 PROOF OF INSURANCE All certificates of insurance provided for this project shall be issued directly from the company affording coverage. Certification frorn a local agent is not acceptable without the necessary paperwork empowering and authorizing the agent to sign the surety's name. In addition,when an aggregate amount is Included, a statement of the amount of that ' aggregate available to date shall also be attached. SP-6 OMITTED SP-7 MAILBOXES If U,S. Postal Service access to any mailboxes will be interrupted during construction, the Contractor shall contact the U.S. Postal Service to determine where the mailboxes should be set during construction. Mailboxes shall be reset at appropriate locations by the Contractor once work is complete. Any materials damaged by the Contractor shall be replaced with material of better or equal type and quality at the Contractor's expense. SP-8 TRAFFIC CONTROL DURING CONSTRUCTION All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. 'On projects open to traffic, "ROAD CONSTRUCTION AHEAD"signs.shall be placed appropriately.. On projects closed to traffic Type III barricades signed "ROAD CLOSED"shall be placed at both ends of construction. Two-way vehicular traffic-shall be maintained during construction at all times. SP-9 ACCESS TO ADJACENT PROPERTIES Prior to the removal of the driveways to any dwellings or buildings, the Contractor shall notify the inhabitants of such structures that the rise of the driveways or access will be temporarily affected. Notice shall be of sufficient length to allow the persons affected to remove vehicles and other items that may be inaccessible during construction activities. Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. ® SP-10 PROTECTION OF ADJACENT PROPERTIES ■ Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property as a result of precipitation during construction. ' SPA 1 UTILITIES The Contractor shall expose all utility crossings to establish location and depths prior to construction. 1 SP-42 ROCK REMOVAL_ No explosives shall be used on this project. Rock shall be removed by mechanical chipping,jack-hammering or other methods approved by the Engineer. SP-13 UNDERGRADING IN ROCK CUT Section TS-2.2.6 specifies that rock cut areas are to be undercut and backfilled with a drainable material with top surface choked with fines for proper subgrade preparation. No direct payment shall be made for barkrill materials. The only payment made shall be for cubic yards of rock excavation. SP-14 ROOF DRAINS All roof and/or foundation drains that discharge into an existing ditch section, storm sewer or curb shall be connected to the proposed storm sewer or curb. See Technical Specifications Section TS-29, Downspout Drains. SP-13 REPAIR OF DRIVING SURFACE All sections of,pavement damaged or removed during construction shall be replaced in accordance with the following requirements: Existing Pavement Base Surface , PCC Street --- G" PCC Bituminous Street S' PCC 1-'/z" AC Cold mix shall be used on a temporary basis when asphaltic concrete hot mix is not available. The cold mix shall be removed and the permanent hot mix shall be installed when it becomes available. Chat drives, alleys, and parking areas shall be resurfaced with crushed stone in the areas disturbed. In all areas disturbed by construction activities, replacement and repair of the driving surface shall be subsidiary to construction. SP-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 OF EXISTING PIPES All pipes to be abandoned shall be plugged and sealed with portland cement concrete at ' the locations as shown on the plans. All pipes to be abandoned shall be completely filled with clean sand. The sand shall be blown into the pipe by using compressed air or other such means. , All plugging and filling of pipes shall be subsidiary to the work. SP-18 OMITTED '. SPA 9 OMITTED SP-20 ITEMS TO BE LEFT IN PLACE Items marked "LIP" on the plans shall be "left in place". Any damage to these items, or other items that were not to be disturbed by construction shall be repaired by the Contractor at his own expense. SP-21 REMOVAL. OF TREES The Contractor shall remove all trees that will be impacted by the project prior to construction. SP-22 CONSTRUCTION STAKING The City will establish the control points for the trail and the Contractor will be responsible for centerline staking,slope staking, and all other construction staking. SP-23 MISCELLANEOUS CONCRETE Under this item will be quantities for the rail support concrete, paved ditches and all'other miscellaneous concrete required for the trail. -The cost.will include all reinforcement and other.appurtenances.required for the construction. ' SP-24 SUBCONTRACTING No second-tier subcontracting will be permitted on this project. SP-25 SUPPLEMENTAL REPORTING REQUIREMENTS A. The Contractor will keep such records as are necessary to determine compliance with the Contractor's equal employment opportunity obligations. The records kept by the contractor will be 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 each work classification required by the contract work. ' SP-26 INSPECTION BY MODOT AND/OR FHWA PERSONNEL Inspections of the work may be made by the Missouri Department of Transportation (MODOT) and the Federal Highway Administration (FHWA). The Contractor shall grant them access to all parts of the work. ' SP-27 OPERATING POLICY STATEMENT 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 employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment 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 REQUIREMENTS The attached federal-aid requirements are hereby made a part of this contract: BUY AMERICAN POLICY 1 • 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 ' • 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 SECTIOi%' )ti iti 0 SE C O D-TrER SUBCONTRACTLNG No second-tier subcontracting will be permitted and wording to this effect should be included in the specifications or bid proposal. FIG. X-1 SECTION X BUY AMERICf PUDIC Y April, 1995 On Federal Aid contracts, all steel and iron and coating of steel and iron shall be domestic except alternate bids may be permitted as hereinafter provid,d for foreign and domestic 4-teel to be permanently installed on the project. however, eFfective March 24, 1995 this provision and the terms of 23 CFR Section 635.410, Rq Arnerica Requirements, were waived for pig iron and processed, pelletized and reduced iron ore only, by the Federal Highway Administration. If alternate bids fog florcis;n structura! steel and coating of steel are permitted in this 1 contract, a separate proposal will be included as a part of this Special Provision listing only those items on which a foreign steel bid may be offered. The bidder is advised that he [nay submit a bid for domestic steel only and the award of the contract will be based on his total bid. If the bidder desires to submit a bid for foreign steel, he shall also submit a bid for such materials from domestic sources on the itemized proposal. Failure to furnishz bid for the domestic steel items 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 tlus Special Provision, The award of contract will then be based on the following: (1) The lov,,cst total bid based on domestic steel: or (2) 125 percent of the lowest total bid based on the foreign steel alternate. If the basis of award is domestic steel, foreign steel shall riot be used. If the basis of award is foreign steel, either domestic or foreign steel will be acceptable; however, payment will be made at the contract unit prices for foreign steel. Domestic means manufactured in an}, of the 50 states, the District of Columbia, Puerto Rico and other territories and possessions of the United States of ' America. Where domestic steel is otherwise required by this contract, foreign steel may be supplied in minor amounts not to exceed 1/10 percent ofthe total contract cost or 52,500 whichever is greater. (Note : The Buy America Policy Provision has been incorporated into the 1996 Missouri Standard Specifications for Highway Construction, and the Missouri Standard Specifications are used in the contract, this provision does not need to be included.) FIG. x_Z 1 NO'T'ICE OF REQUIREMEW11' FOR AFFIRMATIVE AC"1'10N TO Oecelliber 1990 ENSURE EQUAL, E�lll'l,O�',191EN't' (:)1'1'1":)IZ'I'Uir'I"I'Y (E\IECIJ'1'IVE ORDER 11246) I. "file C Teror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Equal Employment Opportunity Construction Contract Specifications"set farlh herein. 2. The goals and timetable for minority and female participation, expressed in percentage terms for the ("ontrarlor's aggregate workforce in each trade on all construction work in the covered area, are as follows: 3. ('onstructon eonlractors Which are participating in an approved Ilometown flan (see 41 CFR 60-4.5) are required to comply with the goals of the I lomctown flan with regard to constructions work they lierfon'ii in the area.covcred by tine I lornetown Plan. With regard to all their other covered construction work, such contractors are rcquircd to comply with the following goals: Goals for Female Participation in.Egcii 'rradc AREA COVERED Goals for women apply nationwide. GOALS AND TIMETABLES Goals ' "Timetable (percent) From Apr. 1, 1978 until Mar, 31, 1979 3.1 From Apr. 1, 1979 until Mar. 31, 1980 5.1 From Apr. 1, 1980 until Mar. 31, 1981 6.9 Goals For Minority Participation For Each 'Trade County Goal (Percent) County Goal (Percent) Adair 4.0 Carroll 10.0 Andrew 3.2 Carter 1 1.4 Atchison 10.0 Cass 12.7 ' Audrain 4.0 Cedar 2.3 Bart' 2.3 Chariton 4.0 Barton 2.3 Christian 2.0 Bates 10.0 Clark 3.4 Benton 10.0 Clay 12.7 Bollinger 11.4 r 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 REQ01R1; geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. ' The Contractor's compliance with the Executive Order and the regulations in 41. CVR ('art 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFIZ 60-4.3(a), and its efforts to meet the goals. The liour,.•of minority and fe-nale employment and training must be substantially uniform throughout the length of the contract, and in each wade, and the Contractor shall make a good Il►ith effort to employ minorities and women evenly on each of its projects. The transfer of minority, or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's foals shall be a violation of the contract, the ExecuNve Order and the regulations in 41 CFIZ I'm-( 60-4. Compliance with Ilia goals will be measure against the total �vork hours performed. 4. "I'1►c 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 wort: under•the contract resulting from this solicitation. The notification-shall.list di'a name, address and telephone number of the subcontractor; employer idcnUfication number; estimated dollar amount of the subcontract; estimated starting and cornplcti6n dates of the . subcontract; and the geographical area in which the subcontract is to be performed. S. As used in this Notice, and iii ilia contract resulting from this solicitation, the "covered area is the county, route, and limits described in the proposal for the work. STAN'1)AIZD FEDERAL I•QI!AL I':,N11'I.OY,\11';N F (ll'I'OR V I!NIT ' CON'S] It! (' I MN C•O;NTRAC1 SI'I':CIFICA1 IONS (I.:x I:,ur I IN'F Mtl)I'.It 1124(f) July 1')4r, 1 As used in IIICSC spu'rilir;llion.ti: ;I, "( mewd Afr;1" llw.iw Ow )'.CII)'I;lplllcal al"!1 d,••,lllhA.!d III life [,oli'Jlallull %%hick t111', coll(mcl IvsIlliv& 1 h. I)IICtI(,t IIICaIt'•, hicclnl, ( Hflrr All I•cdcl,d l 'mill;lct ( 'oIII 111;IIlCC I'mi'laills, Unlil'C) Slates Depa11111 ill All I '111m, ,,1 ;111\ ('c't'.c,ll I„ %011,111 Ile' l ltt, elm dc'Ic'I';IIC Illth(IIIIV; c. "{;nlp,lu,rl IdrnI111c;Itlu11 i�ulnhcl" Inc';ur, Ih • I rdrlal S(,ria{ sc(.utltti nunth( 1 ur,cd on Ihr Employer's Quarterly I•edei ll Tax Return, U's. I rcasury Department 1•ornl (),It; d. "tilinu111`" inclndcn (i) Black tail pelsrnls having orip'irls ill any cif the Black. African racial groups not. of Hispanic origin); (ii) Ifispanic (;III person of,Alcxican, Pucllo Rican, Cuban, Central or South American of other Spanish ('ulture or origin, regardless of race), (iii) 1%tiIan ;Intl PIA.Hi. Ir,l;ln(ICI (Al pu 1r,nn' ha',nu, mi)tnls in ally of the orl.ml ll pcoplcs ( l' (Ile I'm East, Southeast Asul, tilt Indian Suhcontincnt, or the Pacific khll ls); and (iv) American Indian of Alaskan Native (all persons h;lvin)! origins in any of the original peoples of North American and mainlaining idcnufiahle Irihal affilialions through membership and participation ofconurluni(y identification). 2. Whenever the Contractor, or any Subcontractor at any (icr, subcontracts a portion of the work involving any construction trade, it shall physically irlclude in each subi.Mnh;lct in excess of x:10,000 the provisions of these specifications and the Notice which contains the Applicable goals for minority and female participation and which is set forth in (lie solicitations front which this contract resulted. 3. If the Contractor is participating (pursuant to 4I C'I'k 60-4.5) ill a Ilonlctown flan approved by the U.S. Department of Labor in (he covered arcn cithcf individually or throufA,h an association, its affirmative action obligations on all work in the flan vca (including goals and tinlclables) shall be in accordance with that flan Ior those tracks which have unions participating in file Pla►). Contractors must be able to demons(rate their participation in alld compliance with the provisions of any such hometown Plan. Each Contractor or Subcontractor participating; ill All approved Plan is individually recpuircd to comply with its obligations under the FF'O clause, and to nrlkc it good faith effort to achieve each foal Wider the flan in cash trade in which it has cnlployces. 'I he overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Ilan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the flan goals and timetables. , 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p of these specifications. The goals set forth ill the solicitation from which (Iris contract resulted ' are expressed as percentages of (he total hours of employment and training of minority and female utilization the Contractor should reasonably he able to achieve in each construction trade in which it has employees in the covered area. Covered C'cntslruc(ion conhactols I)CIIomlillp, collstrucholl work in geographical ;leas where they (to not have a Federal or Icderally assisted constrttctlon contract shall apply file minority and fenrlle goals established filr the geographical area where the work is being; performed. 1 Goals arc not published periodically in the Federal I:egistcr in notice form, and �mch oofices may be obtained from any Federal Register ill notice thrill, and such nolices may be obtained front any Office of I-ederal Contract Compliance Programs office or From Fcdcral ptocurement con1mcling officers. TItc Contractor is expected to make suhslanlially umforn, progress toward its goals in each c►aft during the r period specified. 5. Neither rile provisions of any collcclivc bargaining, aglccntenl, nor the failure by a union �aillt whom the t'onllacfol Ices a collective half-'aining, agrccnlenl, to loli.r cithcl minorities or women shall excuse the t'onuartol's obhgations under these specifications. I.xccuUvc Utder 1 12,16, of the legulations prolludgated pursmntt thereto 6. Ill order for the nonworking training (tours of apprentices and trainces to be cpunttrd'in meeting tilt goals, such apprentices and trainees must'be employed by the Contractor during; the training period, and the Contractor must have made it commitment to'enlploy the apprentices and trilinees at the completion of their training,subject to the availability of cmployimcnt opportunities. Trainccs•must be trained pursuant to training programs approved by the U.S. Depatinlcnt of labor. ' 7. The Contractor shall take specific affirmative actions to ensure cdlual employment opportunity. The evaluation of file Contractor's compliance with these specifications shall be hasul upon its effort to achieve maximmil results from its actiolls. The Contractor shall document these el o is fully, and shall implement aflmimlive action stops at least as cx1cosive as the 1011owing: a. Ensure and limillmill it working; envirot111ten1 free of 11,11'assincl1t, Iltlrlllidatloll, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the C'ontractor's attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of nlinorit and Iemale recruitment sources, provide written Y I notification to minority and female recmitmenf sources and to community organizations when die Contractor or its unions have employment opportunities available, and maintain a record of the organizations'responses. C. Maintain a current file of fife names, addresses and telephone numbers ofcach minority and female ofd the-street applicant and minority or fermate referral from a union, a recruitment source or community organirrltion and what action was taken with respect to each such individual, lfsuch individual was sent to ' the union hiring hall for referral and was not referred back to the Contractor by die union or, if referred not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman scot by the Contractor, or when the Contractor has other information that the union refctTal process ehas impeded the Contractor's efforts to meet its obligations. C. Develop on-the-job training; opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee prog►anns relevant to the Cow(actor's cnnploynnenl needs, especially those prograns funded or approved by the Departntcnl of Labor. The Contractor shall provide notice of these programs to the sou►ces connplied under 7b above. F. Disseminate the C'ontractor's FEO policy by providing notice of the policy to unions and training ' programs and requesting their cooperalior, in assisting the Contractor in ►nccting its FLO obligations: by including it in any policy nrunrtl and collective hargaining agreement by publicizing; it in the company newspaper, annual n-port, etc.; by specific review of the policy with all managenicnl personnel and with all minority and female employees at least one a year; and by gosling the company I EU policy on bulletin boards accessible to all ennployces a1 each location Construction wcnk is perl'ormcd. a1 Ic,ut annually, dw, Lmllpany's I'I.t) luIlicy and ill I'll action obligation:; under tltosc specification:; with all employees having', any responSihrlrty for hiring, assig�,nnaent, layol7,, termination or other employment decisions including specific review of these items with onsilc supc►visory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be mado and ma.intaincd idcntilyint; the time and place of these meetings, persons' . r attending,subject matter discussed, and disposition of the subject matter. h, Disseminate file Contractor's IEU policy extcn)ally by including it in any advertising in tlnc news . media, specifically including minority and female news media, and providing written notification to and discussing the C'ontractor's EEO policy with other Contractors and Subcontractors with whom file Contractor does of anticipates doing business. i. Direct its recruitncnt 01,611s, hoth oral and written, to minority, fcmalc and community organizations, to schools with minority and fcmalc students and to minority and female recruilnnent and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, file Contractor 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 employees to recruit other minority persons and women and, where reasonable, provide alter school, summer and vacation employment to minotity and fcmalc youth both oil 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 , CFit•par•t 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and fcn)ale personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications, work assignments and other personnel t practices, do not have a discriminatory effect by continually monitoring; all personnel and employment related activities to ensure that the 1:1:0 policy and the Contractor's obligations under these specifications arc being carried out. n. Ensure that all facilities and company activities are nonsegregated except that scparate.or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. ' o. Document and maintain a record afall solicitations of offers for sulwonlracts From minority and female construction contractors and suppliers, including, circulation ol'sollcitations to minority and female contractor associations and other business associations. p. Conduct a review,at least annually, ofall supervisors adherence to and performance under the Contractor's EEt) policies and aflirillative action obligations. 8. Contractors are encouraged to participate ill voluntary associations which assist it] fulfilling; otic or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor union,contatetor community, or other similar group of which the contractor is a member and participant, play he asserted as fulfilling any one or mote of its uhlig,,miom under 7a through p of these Specifications provided that (lie contractor actively patticip;ttes in the group, slakes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates(be effectiveness of actions taken on behalf of the Contractor. The obligation to comply,however,.i's the Contractor's and failure of such a group to fulfill an obligation shall be a dcfense for the Contractot's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female,and all woolen, both minority and non-minority. Consequently, the Contractor may be in violation Of the g:xeCUlive ORICI if a particular group is employed in a substantially disparate planner (for example, even thoup,,ll file Contractor has achieved Its goals for wolllell gencrally, the Contactor,may be in violation of tile Executive Order ifa specific minority group 01'wornen is undcrzrtilizctl). e 10 The Contractor shall not use the goals and timetables or affirvllativc action standards to discriminate against any person because of race,color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 1 1246. 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 these specifications and Executive Order 11246, as amended. ' 13. The Contactor, in fulfilling its obligations under these specifications,shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these speci ficati oils,so as to achieve maximum results from its efforts to ensure equal employment opportunity. ' if the Contractor fails to comply with the requirements of file Executive Order, the implementing regulations,or these specifications, the Director shall proceed in accordance with 41 CM 60-4.8. 14. The Contractor shalt designate a responsible official to monitor all employment related activity ' to ensure that the company EEO policy is being carried out, to submit reports relatilg 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, constmetion trade, union affilialion Wally, employee identification number when assigned, social security number, race, sex, status (e.g. mechanic, apprentice, trainee, helper,or laborer), dates of changes in status, hours worked per week in the indicated trade, ra(c of pay, and locations at which (Ile work was performed. Records shall be maintained in an easily unders(andable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish CTerent standards of compliance or upon the application of requirements for the Kirin};of local or other area residents(e.g. those under the Public works l:ntployment Act of 1977 and the Community Development Block Grant Progriarn). •.t SUPPLEMENTAL REPORTING 11EQUIREMLrNTS A. '17tc contractor will keen such records as an.- nccessnry to doern;ine 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-tirinority group members and women employed in each work classification on (lie project B. All such records must be retained for a perirad of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized represcmatives of the Slate I lit;hway agency and the federal I lighway Administration. C. The contractor and each covered subcontractor will Submit to the Stale 1ligl)way agency, for the month of July, for the duration of the projecl, a t'eport (I'orm I'R-13x)1) "federal-Aid Highway Construction Contractors Annual EEO Report," indicating the number of minority, women, and non-minority group crnployces currently engaged in cacti work classification required by the contract work. SECTION x TEMPORARY P]Z 0 XECTNVATE'R POLLUTION CONTROL. (SOIL EROSION) -AUCIUSt 1972 DEISCIM".110IN: This work shall consist of*temporary control 111CRSUrcs as shown on the plans or ordered by the engineer during the life of the contract to control water pollution, through use of berms, dikes, dams, sedirnefit l.m.sins, fiber rilats, nettifiv, 11MIC11CS, vrasses, slope drains, arid other erosion control devices or 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 postconstr-uction period. MATERIALS: -1, , MUMICS may be hay, stravi, fiber rilats, netting, Wood C01IL110SC, corn or tobacco stalks, bark, corn cobs, wood chips, or other SL1'1(2blC material acceptable to the engineer and shall be reasonably clean arid free of noxious weeds and deleterious materials. b. Slope drains play be constructed of pipe, fibcr niats,rubble, por-dand cement concrete, bituminous concrete, plastid 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 a temporary cover which ,vill riot later compete with the grasses sown later for pennarient cover. d. Fertilizer arid soil conditioners shall be a standard commercial grade acceptable to the engineer. e. Others as specified by the engineer. PRECONSTRUCTIOiN 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 ternporaD, and permanent erosion control work, as are appli.-ablw for clearinc, and grubbing; gradin-a-, bridges and other structures at watercourses; construction; ari-II paving. He shall also submit for acceptance his proposed method of erosion control on haul roads and borrow pits and his plan for disposal of .va3te materials, No work shall be started until the erosion control schedules ZP.d methods of op.-rations have been accepted by the encir------. FIG. X-8 SECTION X ® INSPECTION BY DEPARTMENT AND FEDERAL HIGHWAY ADlIIIti'ISTRATION ■ F VA The city's specifications should stipulate that inspections of the'work may be made by the MoDOT and FMVA and that the contractor shall grant them access to all parts of the work. Personnel of MoDOT will take all independent assurance samples for the city and provide the test results thereof, r ' FIG. X-9 SECTION X CER17FICATIO\ REGARDING LOBBYItiG ACTIVITIES: In accordance with Section 391 of Public I.,aw 101-121 the bidder, under penalty of perjury certifies by signing and subrnittinf; this bid or proposal, thr (1) Ni o 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 ofilccr or employee of Congress, or an employee of a Member of Congress, in connection with the awzrding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative.agreement. (2) - If any funds other than federal appropriated funds have been paid or will be paid to any person for iriEluencing or attempting to influence an officer or employee of any federafagency; a Member of Congress, an officer or employee 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 FORM-I..IA., "Disclosure Form to report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shat! be subject to a civil penalty of not less than S10,000 and not more than 3100,000 for each such failure. The bidder also agrees by sub.-nittirg t .= bid or proposal that they shall require that the language of this certification be included in ali lower tier subcontracts, which exceed S 100,000 and that all:such subrecipients shall certify- and disclose accordingly. 1 y1G. X-10 July 1990 NONDISCRIMINATION ION IN The following provisions arc added by the State to the Required Contract Provisions of Federal-Aid Contracts. t The contactor is advised that (he exemptions referred to in the Required Contract. Provisions, Federal-Aid C'ontracts under Section II, Nondiscrimination, I'atat;raaph 3g, with respect to contracts and subcontracts, are substantial and arc to he Cound in Chapter 00, Office (if' Federal Contract Compliance, Equal Employment Opporlunity, Department of Labor (33 I•eticral Register 780,1-7812, May 28., 1968, ® effective July I, 1908, Chapter (10, '1 life ill, Caine ,)I I vdrral hc,111allomt. by which contracts and �1 suheonlracts 01'.S I OMO O or leis and cewlill cnnitact.s and I'M urdclmitc clummilics ire exempt. The two pertinent exemption clauses arc as follows: 60-1.5 Exemptions. (a) General-(1) Transactions of.$10;000 or under. Contracts and subcontracts tint exceeding $10,000, other than Government bills of lading, and other than contracts and subcontracts with depositories of Federal Funds in ariy amount and with financial institutions v:hick arc issuing and paying agents for U.S. savings bonds and savings nines, are exempt frohl (lie rcg0ircmcnts of the equal opportunity clause. In dett:rnainin}; the applicability of this exemption to any federally assisted construction contact, or su0contracl thereunder, (lie amount of such contract or subcontract rather than the amount of the Federal financial aas,,Jsmnce shall govern. No agency, contractor, or subcontractor shall procure supplies m �;cnires in a numncr so as to avoid applicability of the equal opportunity clause: Provided, that whcrc a contractor has contracts or subcontracts with the Government in any 12-month period which have an aggregate total value (or can reasonably be expected to have an aggregate total value) exceeding S 10,000, (lie S 1 0,000 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 subcontracts 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. The applicability of the equal opportunity clause shall be determined by the purchaser at the time of award for the first year, and annually thereafter for succeeding years, if any. Notwithstanding (lie above, the equal opportunity clause shall be applied to such contract whenever the amount of a single order exceeds $10,000. Once the equal opportunity clause is detennined to be applicable, the contract shall continue to be subject to such clause for its duration, regardless of the amounts ordered,or reasonably expected to be ordered in any year. UI'I!;RA'1'INC 1'ULIC1` S'1'A'I'l,►�11'N'1' The contractor shall accept as his operating policy file following Mater7lcrlt, or one of equal coverage, which is designed to further file provision of equal employment opportunity to all person without regard to their race, color, rcligion, sex, or national oril,in, and fo promote the full realization of equal entployrncnt . opportunity through a positive continuing program: "It is the policy of'this Company to assure that ;il)pfiCMlts arc 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, recruilunent or recruitment advertising; layoff or termination; rates (if' pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.'. SECTION x May 1989 DIFFEr-UNG SITE COXDI"CIO\S, SUSPENSIONS OF WORK AND SIGhII-ICAN-1. C,IiAitiGFS IN TI~IE C11AR4CTEIZ OF NVORR' 1. Differing site conditions. (a) During the progress of the «ork, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially frorn those ordinarily encountered and generally recognized as inherent in the Nvork provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in •wridng of the specific differing conditions before they, are disturbed and before the affected-work is performed. (b) Upon written notificadon, the engineer Nsill invcstagatc the conditions, and if•he/she determines that the •conclidons 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, %sill be made.and the contract modified in N%Titing accordingly. The engincer kill notify the contractor of his/her dcterminadon whether or not an adjustment of the contract is warranted. (c) No contract adjustment which results in a benefit to the contractor M11 be a_`io.ved unless the contractor has provided the required%%Titter notice. (d) No contract adjustment «ill be allosNcd under this clause for oily effects caused on unchanged work. 2. Suspension of work ordered by the engincer. (a) If the performance of all or any portion of the work is suspended or delayed by the engineer in «Tiling for an unreasonable period of dme. (not origina.11y anticipated, customary, or inherent to the construction industry) and the contractor believes chat additional comper►sadon and/or contract time is due as a result of such ,f suspension or delay, the contractor shall subnut to the engineer in %%Tiling 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 «ill evaluate the contractor's request. If 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 rot' the fault of the contractor, its suppliers, or ' subcontractors at any approved tier, and not caused by weather, the engineer Saill make an adjustment (excluding profit) and modify the contract in N%Titing according!}'. The engineer will notify the contractor of his/her determination whether or not an adjustment of the contract if warriwtted. ' (c) No contract adjustment will be allowed unless the contractor has submitted the request for adjustment«ithin the time prescribed. ' (d) No contract adjustment will be allowed un,ier this clause to the extent that performance would have been suspended or delayed by arty other cause, or for whizh an adjustment is provided for or ex<!_--3ed under any other term or condition of this contract. 3. Significant changes in the character of vmrk ' FIG. X-13-1 SECTION X -4 (a) The engineer rescr<•cs the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessar), to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract not release the surety, and the contractor agrees to perform the work as altered. (b) If the alterations or changes in ovantitics significa ntly change the character of the work under the contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, itiill be made to the contract. Th,s 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 engineer may determine to be fair and equitable. (c) If the alterations or changes in quantities do not significantly change the character of the Nvork to be performed under the contract, the altered work swill be paid for as pro,.ided elsewhere in the contract. (d) The term "significant change"shall b�construed to apply only to the follo«ino circumstances: (1) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed corstrucdon or (2) When a major item for work, as defined elsetvhcre in the contract, is increased in. excess of 1 25 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 cxcess if 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. FIG. X-13.2 REQUIRED CONTRACT PROVISIONS 1:EDIE'RAL-AID CONSTKUCTION CON'MACTS Page I. General........... ...........'......... ...........'.... ...*........ ....... .........* I 11, Nondiscrimination......;........... .......... ...__.......................................................................... I Facilities.................................................... .................................................3 111. Nonsegregated F, IV. Payment of Predetermined MilliHIL1111 WICIC........................................................................3 V. Statements and Payrolls...11,...... .........................;....... .........................................................5 Record of Materials, Supplies, and Labor................I...........*................................................6 VII: Subletting or Assigning the Contract................................................................................ 7 V111, Safety: Accident Prevention.:........................................................................ ...........................7 , IX False Statement Concerning Highway Projects...................................................................7 X Implementation of Clean Air Act and Federal Water Pollution Control Act................................ ............................................................. Xl. Certification Regarding Debarment, Suspension, Ineligibility, an([ Voluntary EXCILISiOn.................................................................................8 XII. Certification lZegarding Use of Contract 1--unds for Lobbyin,-,,...........11.11.11,........... ........... .............. ...............9 ATTACHMENTS A. E'rnployment Prelcrence for Appalachian Contracts (included in Appalachian contracts only) 1, G EN EIZA L I. 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 Conti-act Provisions. 3. A breach of any of the stipulations contained ill th-SC Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following; clauses of the Itegt►ircd Contract Provisions may also be grounds for dt-barment an provided in 29 C1 FR 5.12: Section 1, paragtraph 2; Section F , paraomplis 1, 2,3, 11 and 7; Section %', p;tra;tr;iphs I and 2.1 tlurous;h ?.g,. 5. Disputes arisin<; out of tale labor standards provisions of Section IV (except paragraph 5) and Section V of these Requited Contract Provisions shall not be subject to the -general disputes clause of this contract. Such disputes shall be resolved in accordance with'the procedures of the U.S. I)epaa ment of Labor (IDOL) as set forth in.29 C17R 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: [)tiring the pertorrnance of*this contract, the contractor shall not: a. discriminate aVainst labor from any other Slate, possession, or territory of the United States (except for employment pref'crence for Appalachian contracts, whet 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 wlto are oil parole, Supervised release, or probation. Il. NONDISCRIMINATION (Applicable to all Federal-aid construction contracts and to all related subcontracts of S 10,000 or more). 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. 130 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 under el l CFR 60-4.3 and the provisions of the American Disabilities Act of 1990(42 U.S.C. 12101 et s L.) 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 minimurn specific requirement activities of EEO: r a, 1'hc contractor will worn with the State highway agency (Sf f.A) and the Federal Government in carrying; out 1:1 (.? obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operatin_;r. policy the following, statement: "it is the policy of' this Corrrpany to assure that applicants are c►nployed, arid that r crnployees are treated during; employment, without regard to their race, religion, sex, Colo;, rlmion'd o+i"in, ahc o► disability. Such action shall include: enlploytile tit, up�;ra4Slrlg, demotion, or transfer, recruitment or reCruit►ncnt advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preappre tit iceship, and/or oil- the-job training." r2. EEO I 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 promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to clo so. 3. Disse+nination of Policy: All inc►nbers of the contractor's staff who arc authorized to hire, supervise, promote, and discllarge employees, or who r recommend such action, or who are substantially involved in such action, will be ►nade filly cognizant of, anti will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. "Co ensure that the above agreement will be met, the following actions will be takCn as a MillinIU►11. a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of wort: 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 rexplained. 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 EEO obligations within thirty days following their reporting for duty with the contractor. r C. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. rd. 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. r C. "fhc contractor's 17.1--'.0 policy and the procedures to implement such policy will be brought to the attentioi) of employees by meats of nieelin-gs, employee handbooks, or other appropriate means, 41. Recruitment. V" hell r►dvertisingt for employees, the contractor will inr,ludC in all advertisements for employee, the notation: "An F(JIN11 Opportunity Employer." All such advertiscnients will he placed in publication having; a large circulation among.,, minority groups in the area from vrhich the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargia ininz" a"reenler►t, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. "To meet this requirement, the contractor will identify sources of potential minority group cnlnloyces, and establish with such identified sources procedures whereby minority group applicants may be referred to' the contractor for employment consideration. b. In the event the contractor has valid bargaining agreement providing for exclusive hiring; hall referrals, lie is expected to observe the provisions of that agreenicnt to the extent that the system permits the contractor's compliance with EEO contract r provisions. (The DOL. leas held that where implementation of such agreements have the effect of discriminating against minorities car women, or obligates the contractor to do the sank, such implementation violates FXCCUtiVe Order 112416, As amended.) C. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. S. Personnel Actions: Wages, working; conditions, and employee benefits shall 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: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do riot indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within ' cacti 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. Where 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. d. The contra;for will promptly investigate all complaints of alleged discrimination rnad(: to the contractor in connection with his obligations under this contract, will attempt it) resolve such complaints, and will take appropriate corrective action within a reasonable tirlre. If the investigation in(licatcs that the discrimination may affect persons other than the conli larrlant, such corrective action slrall inclmle SUcll other persons. Upon completion of each investigation, th.c contract will inform every c•ornplainant Of'all of his avenues of appeai. G. "ITraininp; and l'rorrlr,t,WTV a. Tile contractor will assist in locating, qualifying, and increasing the skills of minority group and worrien employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible tinder Federal and Mate regulations, the contractor shall make. full use of training program, i.e., apprenticeship and on-the job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in cacti occupation shall be in their first year of apprenticeship or training. In the evert a special provision for training is provided under this contract, this subparagraph will be supersede({ as indicated in the is provision. C. The contractor will advise employees and applicants for cnlployrnent of available training programs and entrance requirements for each. 1 d. The contractor will periodically review the training: and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies 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. Tile 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 rncrnbership 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. i� 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, thr, contracto, shall so certify to the SHA and shall set forth what efforts have been madc to obtain such information. d, In the event the union is unable to provide the contractor with a reasonable flow of ntinurity and wornen referrals within the tithe limit set forth in the collective baCgallllllf.; aLrecmcnt, t}IC cantr,actc7r v:ill, through indepcndent rccruititicnt efforts, fill the C1llplOy1l1C11t VaCMICiCS witllOUt re!!'.ai to rice, color, relig ion, sex, national Orlgiil, Lg 6r disability; snaking full efforts to obtain qualified and/or qualifiable minority group per or women. (The DOL has field that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive r referral failed to refer minority employees.) In the event the union referral practice prevents•the contractor from meeting the obligations pursuant to Executive Order 1,1246, as amended, and these special provisions, such contractor sllall immediately notify the ' SHA. b. Selection of.Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and ]cases of equipment. a. 'I']tc contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. I b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor f 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 DBE 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 wort: and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FI-IWA. r ra. The records kept by the contractor shall document the following: (1) The number of minority and non-minority group members and wornen employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; r (3) 7'hc prol;ress and efforts being mark in locatinnt, hiring, training, qualifying,, and upgrading minority and female employees; and (4). The progress and efforts being made in securing the services of r 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. This information is to be reported on Form FNWA-1391. If on-the-job training is being required by special provision, the rcontractor will be required to collect and report trainimg data. II1. NONSEGREGATED FACILITIES r (Applicable to all Federal-aid construction contracts and to all related subcontracts of 510,000 or more.) ra. 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. r Federal-aid construction 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 r 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 r b. As used in this certification, the term "segregated facilities" ircans any waiting; roorns, wort: areas, restroonls and washrooms, restaurants arid other eating areas, dineciocks, locker rooms, and other stop ,e or dressing areas, parking lots, drinking fountains, recreation or- entertainment areas, transportation, and housing" facilities provided for employees which are segreg=ated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national on tin, q,c or disability, because of habit, local custom, or otherwise. The only exception \vill be for tlic the deunands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certilication frotr► proposed subcontractors or material suppliers prior to award of subcontracts or consuinination of material supply agreements of 510,000 or more and that it will retain such certifications in its ' ► files. ]V. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal.-aid construction contracts exceeding 52,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are excnipt,) 1. General: a. All mechanics and laborers employed or working upon the site of the woe. will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account (except such payroll deductions as arc 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 thercof) clue 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 e contractor or its subcontrt3ctors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH01321) or Form FIIWA-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 under Section I(b)(2) of the Davis-Bacon Act (40 U.S.C. 276x) on beltal of laborers or rr►echanics are considered wages paid to such laborers or mechanics subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose o� this Section, regular contributions made or costs incurred for more than a weekly perio (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period are deemed to be constructively made or incurred during; suc� weekly period. Such I aborers•and mechanics shall be paid the appropriate wage r fringe benefits on the wage determination for the classification of work actually performed without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification rnay be compensated at titre rate specified for each classification for the time actually 1 worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed • C. All rulinf;s and interpretations of the Davis-13acon Act and related act; contained in 29 CFR 1.3, and 5 arc herein incorporated by reference in this contract. 2. Classification: a. The SIM contractor officer shall requite that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in*confonnance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: ' (J) the %vork to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry. (3) Elie proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. ' 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 DOL, Administrator of the Wage and I-lour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage alid 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. r' d. 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 contracting; officer do not aLree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including; the views of all interested parties and the recommendation of the contracting officer, to t}tc Wage and }lour Administrator foi determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracuml officer within tite 30-day period that additional uric is necessary. C. The wage. rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work-in the additional classification from the first day on which wort: is performed in the classification. 3. Payment of fringe Benefits: a. Mienever the 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 wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a tntstee or other third person, he/she may consider as a par of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits tinder a plan or program, provided, that the Secretary of Labor has 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 trtecting; of obligations tinder the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they perfomtcd when they are employed pursuant to and ' individually registered in a bona fide apprenticeship program registered with the DQL, 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/lier 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 allowable ratio of apprentices to journevinan-level crnployees oil the job site in any craft classification shall not be greater than the ratio perrrtitted to the contractor as to the entire work force udder the registered program. Any eniployce listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicablc wa,,!c rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted udder the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actuntly performed. Wliere a contractor or subcontractor is performing constnrction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percental!es of the Journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must 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 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 does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicablc cl;rssifiicatimn. If the Administrator for the Wage and I-Jour Division determines that a different practice prevails for the applicablc apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training or a State apprenticeship agency recognized by the Bureau, %withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined race for the comparable work perfonned by regular employees until an acceptable program is approved. b. Trainees (1) Except as provided in 29 CFR 5,16, trainees will not be permitted to wort: at less than the predeternined rate for the .work perfornled 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 perrrtttted 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 tits applicable wade rate on the wage determination 4 for the work actually performed (3) I.My trainee must be paid at not less than the rate specified in the approved progr;�tn for his/her level of progress, expressed as a percentage of the journ m eyan-level hourly rate spe61-leci in the applicable wige determination. Trainees shall be paid fringe benefits in accordance %vith the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full antotrn! of frin!;c bCflCfit!; li::trd on the wiwc determination unless the Administrator of the Wage and Hour Divi-ion date;rnincs that there is an apprenticeship program associated with the corresponding journeyman-level wage rate, on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainces shall receive the same fringe benefits as apprentices. } (4) In the event the Employment 'and Training Administration withdraws approval of a trainine 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. IIelpers: Helpers will be permitted to wort: on a project if the helper cl.rssification is specified and defined on the applicable wage determination or is approved pursuant to the conformanc procedure set forth in Section I\1.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under an approved definition, shall be paid not less than the applicable wage rate on the wage detennination for the classification of work actually perfomied. 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 hieliway 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 sliall not be greater than pennitted 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, frorn 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 meehani ' including; apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of waars required by the contract. In the event of failure to pay any laborer or mechanic, includinf; any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contractol, ofticer tray, aftu, `ti,ritten notice to the contractor, take such action as may be necessary to cause the suspension of any further payinent, advance, or guarantee of funds until such violations, have ceased. 7. OYCrtimC Itciluircntcnts: 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 (includin.p, apprentices, trainees, and helpers described in paragrraplis 4 and 5 above) shall require or permit any laborer, mechanic, watchman , or guard in any worknveek in which he/she is employed on such work, to work in excess of 40 hours in such Wor}:-week unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than. 'one-and-one-half times his/fter basic rate of pay, for all hours worked .in excess of.40 hours in such wort.-Nveck. 8. Violations: Liability for Unpaid ``aces: Liquidated Damages: in the event of any violation or the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor sliall be liable to the Unites States (in the case of work 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 S IO 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 in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding; 52,000 and to all related subcontracts, except for projects located on roadways classified as local reads or rural collectors, which are exempt.) 1. Compliance with Copeland ile,milations (21) Cl R 3): The contractor shall Comply with the Copeland Re"Illations of' the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and cacti 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. "Pile payroll records shall contain the name, social security number, and address of each such employee; his or Ircr correct classification; hourly rate of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section I(b)(2)(B) of the David Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages 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, has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described -� in Section I(b)(2)(B) of the David Bacon Act, the contractor and cacti subcontractor shall maintain records which show that the commitment to provide such benefits is ' enforceable, that the plait or program is financially responsible, that the plan or program has been 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 or 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. C. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll or wages paid cacti 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 precedincy 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 Form M-1-347 is available for this purpose artd may be purchased from the Superintendent of Documents (Federa i ' stock number 029005-0014-1), IT S. Government PrintinL; Office, Washington, D, C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors, rd. Each payroll sublititted 01,01 be accompanied by a "Statement of Compliance" sighed br the contractor or subcontractor or his/her anent who flays or supervises the payment of the persons employed under the contract and shall certify tha following„: (I) that the payroll for -.ho payroll period contains the information recluired to be maintained under para`;r rph 2 11 of the Section V and that such information is correct and complete. (2) that such laborer or mechanic (including cacti helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly. and that no deductions have been made either directly or indirectly from .full wages earned, other than, pi.rnissible 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 frintc bcnr.fit,. or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. C. The weekly submission of' a property executed certification set forth on the reverse side of Optional Form WI-1-347 shall satisfy the requirement for submission of the "Statement of Compliance” required by paragraph 2d of this Section V. f. The falsification of any of the above certifications rimy subject the contractor to civil or criminal prosecution under 18 U.S.C., 1001 and 31 U.S.C. 231. g 'fire contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copyinf*, 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 5,12.. V1. UCORD OF mATCR1ALS, 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 on a force account or direct labor basis, highway beautification contracts, arid contracts for which the total final construction cost for roadway and bridge is less than 51,000,000 (23 C FR +635) the contractor shall: a. 13ecome t;ultiliar with the list of specific materials and supplies contained in Forrll 1.1iWA-47, "Statement of Materials and Labor Used by Contractor of Highway Construction involvill", Federal funds," prior to the coil]mencemcrrt of work under the contract. b. M1.1intain it record of'the tot;tl Coot Of all lrlatcriais and supplies I)ur"Chased for and incf:nporatcd ill the wort:, and also of thr quantitir.:3 of those specific materials and ■ supplies listed on Form FI•IWA-47, and in the.units, shown on Form FI-IWA-47. C. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FI-IWA-47.together with the data required in paragraph lb relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. V11. SUBLETTING OR ASSIGNING THE, CONTRACT I. The contractor shall perform with its o%m organization contract work amountin to not less than 30 percent (or a greater percentage if specific elsewhere in the contract) of the total original contract price, excluding ally specialty'itcros designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty iterns perforrtted may be deducted from the total original contract price before computing the amount of ,vork required to be perforn,ed by the contractor's own organization (23 CFR 635). It. "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 temp 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 arid 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 1 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 firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work and (b) such other of its own organizational resources (supervision, rtianagement, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SIIA 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•SI-iA has'assured that each subcontract is evidenced in writing and that it contains all pertinent provisions'andrequiremcnts of the prime contract. Vill SAFF'I fY: ION 1 , ;tt tit! prrl'M111MICC of* tali; cuntrtct 01C contract(, ' :,fall ccunply with all applicable federal, State, ctrl, iota) laws INCAIII, and sanitation (23 CFR 635), The contractor shall pilwide all safety dcviccs and plutcctivc ccluiprllent Intl take any other needed actions as it determine;,, or as the SIIA contracting officer may detcrrlllne, to be to plotect the: life and health ofcmployces on the 1c,1, ,lira the ',,cft't!,' (,t talk' ( Uf. ll ' ;11111 10 pI ,ICCt I)rftllCrty In Cormcc.tion with the IICII-m11t;In;x (11 flit, \':t1II, l'(t'.'t.'wd by III(' Ct,iltl l i f 2.. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that•the contractor i and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or saflety, as determined under canstnlction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work I lours and Safety Standards Act (40 U.S.C. 333). 3. PUI-SIMIlt t(., 29 CI`R 1926,3, it is a condition of this contract that the Secretary of L:Ibor of, authorized representative thewof, shall have ritr,ht of entry to any site of contract performance to inspect or invcsticate the chatter of compliance with the construction safety and health suinclard.; and to carry out the duties of tlIC Sccretaryy under Section 10 of the Contract Work I lour; and Safety Standards Act (40 U.S.C. 333) 1X. fALSIa STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and tl high degree of'reliability on statements and representations made by engineers, contractors, suppliers, and workers on Yedcral-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thorouLhly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding; regarding the scriousncss of thcsc and similar acts, the following notice shall be posted on each federal-aid highway project (23 CFR 635) in one or more places \.'here It is readily available to all persons concealed with the project: NOTICE TO ALI., 1'f.RS0NNI:;I.. E;NGAGI'I? ON FF.DE,RAI...-AlD HIGHWAY PROJEC"fS r 18 U.S.C. 1020 reads as follows: ' "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corgloration, knowingly makes any false statement, false rcpresentation, or false report as to the character, qualit quantity, or cost of the material used or to be used, or the quantity or duality of the w performed ot, to be performed, or the cost thereof in connection with the submission of plans, reaps, specifications, contracts, or costs of construction on any highway or related project sub►nitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false reprc:,entation, false report or false clairn with respect to Elie character, quality, quantity, or cost of any v:ork performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any hit,,hway or related project approved by the secretary of Tran.slmrtatinn; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more than S 10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR'ACT AND FJ3T)ERAL WATER POLLUTION CONTROL ACT" (Applicable to all Federal-aid construction contracts and to all related subcontracts of S 100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the Bidder, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: I. That any facility that is of- 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 sec., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, ' as amended (33 U.S.C. 1251 et se {c., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof(40 CFR 15) is not listed oat the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with al the requirements of Section 114 of the Clean Air Act and Section 306 of the Federal Wage Pollution Control Act and all regulations and guidelines listed thereunder. ' 3. That the 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 tiie EPA List. of Violating Facilities. 4, That the firm 1111-CCS to include or cause to be Included the requirements of paragraph I throul;lr 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the g;ovenrn►ent may direct as a means of enforcing such requirements. X1. CERTIFICA,riON REGARDING; DI. 15ARNIENT, SUSPL•'NSION, INLLIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for C ertif radon -• Primary Covcred Transactions: (Applicable to all Federal-aid contracts:--49 CFR 29) a. By .signing and submitting this proposal, the prospective -primary participant is providing; the certification set out below. t provide the certification set out.below will not . b. The inability of a person o pro rd • 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 ' below. The 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 certification or an explanation shall disqualify such a person from participation in this transaction. C. The 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. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted ot•has become erroneous by reason of changed circumstances. C. The terms "covered transaction, debarred," suspended," "ineligible," . 'lower tier covered transaction,' participant, "person," primary covered transaction," "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 department or agency to which this ' proposal is submitted for assistance, in obtaining a copy of those regulations. 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 fi-orn participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. -['he prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without ! modification, in all lower tics covered transactions and in all solicitations for lower tier co%.,crcd transactions. , IL A participant in a covered transaction may rely upon a certification of a prospeetive.participani in.a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it'lcrtows 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 portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Progra►ns" (Nonprocurement List) which is compiled by the General Services Administration. i. hothino contained in the foregoing shall be constnied to require establishment of a system of records in order to render in good faith the certification required by this clause. "I'he knowledge and information of participant is not required to ! exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. ' j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the debarment or agency may terminate this transaction for cause or default. CERTIFICATION RL'GARDING DEBARME:N'f, SUSPI. NSION, INELIGIBILITY AND VOLUNTARY EXCLUSION-PRIMARY COVI REI) TRANSACTIONS 1. The prospective primary participant certifies to he best of its knowledge and belief that it and its principals. a. Arc riot presently debarred, suspended, proposed for debarment, declared inclWible, or voluntiirily excluded from covered transartions'hy any Federal department or agency. b. Have riot within a.3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under,a -public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery,bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are riot presently indicted for or otherwise criminally or civilly charged b 1 5 Y Y � Y a governmental entry (Federal, State or local) with commission of any o1' the offenses enumerated in paragraph lb of this certification; and d. Have trot 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 shall attach an explanation to this proposal. 2. Instnictions for Certification — Lower Ticr Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of 525,000 or more--49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. 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 Goventmcnt, the department, or r agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. C. The prospective lower tier participant shall provide imrllediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant Ieanis that its certification was erroneous by reason of changed circumstances. rd. The leans %overc(l transaction," "debarred," "suspendcIl," "ineligible," "primary covcrcd transaction," „participant,,, "person," "principal," "proposal," and voluntarily excluded," as used in this clause, have the meanings set out in the r 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 prospective 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 covcrcd transaction, with a person who is debarred, suspended, declared ineligible, or voluntarily excluded front participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-L.owcr Tier Covered Transaction," without modification, in all lower tier covcrcd 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 knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, rcheck the Nonprocurement List 11. 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 prudent person in the ordinary course of ' business dealings. 1 1 i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntar.ly excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may purt;uc available remedies, including suspension and/or debarment. 4 M k V + Certification Regarding Debarment, Suspension, Incli-ibility and Voluntary Exclusion- L.owcr Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarntent, declared ineligible, or voluntarily excluded from participation in this transaction by any }Federal department or agency. 2. When the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attached an cxplanatio to this proposal. hZl. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all I cderal-aid construction contracts and to all related subcontracts which exceed S 100,000--49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or , proposal, to the best of his or tier I:nowlcdge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on B 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 Mernber of Congress in connection with the ' awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or ' cooperative agreement. r b. If any funds other than Federal appropriated funds have beet) paid or will be paid to any person for influence or attempting 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 igreernent, the undersigned shall complete and submit Standard Form LIA... "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was inade or entered into. Submission of this certification is a prerequisite for ruakin,; or entering 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 510,000 and.not more than S100,000 for each such failure. 3. The prospective participant also "I'grees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed*S 100,000 and that all such recipients shall certify and disclose accordingly. ATYACI NIENT A -- EINIPLOYi`IFINT PRI FFRENC1; FOR APPALACHIAN CON"I•ItAC:'1'S (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 onsite work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified 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 I shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 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 lie estimates such employees will be required and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within I wcck 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 Emplo)Mlcnt Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph I c above. S. 'file contractor shall include the provisions of Sections 1 through 4 of tWs Attachment A in every subcontract for work which is, or reasonably may be, done as on- site work. 1 O t j ANSC 11300 - 1995 For Tree Care Operatio»s - Tree, Shrub and Other Woody Plant Maintenance. Standnrd Practices May 8, 1995 _.. Secretariat' NATIONAL ARBOMST ASSOCIATION, INC. P.O. Box 1094 Amherst, NH 03031 (603) 673-3311 I Foreword ('this fore•o-•ord is not part of the A:rtrican National Standard A+NS1 A300-1995.) 'This st."dzud was developed unccr tl.e procedures of the American National Standards Institute by Accredited Standards Committt•e on 'lice, Shrub and Other Woody Plant M-6t7tenance Operations, A300. The iational A.,.!T-ntion is the :.ecretariat of A300. Accred:cpd SUndards Cornrnittr.•e F,300 was approved June 2S, 1091. 11c Committee wits orgctnized to develop a contensus performance standard for persons cn;:—;c•d in the rnainten...nce of trees, shrubs and other woody plane. The Committee includes reptesentatives fro;-.j the residential rind commercial tree Bare industry, the utility, municipal, rind federal sec-.cm, the hnciLu:pe end nursery industries, as well as other interested organizations. The A300 standard.currently acdr(ss•s tree pr-unirr; practices only. Sulr_omcnittecs have been formed to address Construction Protection; C,,bling, bracing, end Gu)•inM Soil ?icdification/Fertilization: Lightning Protection; Equipment Calibration: Growth Rpgvlators; and Shrub, Vine, and Other Woody Plant Prunit�. 1 Specifications for tree work should be written &nd scministered by an arborist. An nrborist is a professional who possesses the technical competence through experience and related training to provide for or supem" the management of trees and other woody plants in the residential, commercial and public landscape: This' A300 standard offers basic perfomance standarcs.. It is not a 6Ittideline w illustrate how to prune trees.. This standard has been drafted to address pruning srcification requirements across all geographic areas. The user of this stzucdard must interpret the wording based on their knowle4e of the grow-th habits of certa3i tree species v.•ithin n given en%iron:nent. Suggestions for improvernent of this st.2ndaxd s}could bs forwarded to: ?300 Sc-cretaiiat, c/o National Ar Association, P.U. Boy. 1094, Amherst, NH 03031. This standard wru processed and approved for submittal to ANSI by Accreait.ed Standards Committee on Tree, Shrub and Other Woody Plant Maintenance Operatiosn,A300. Committee approval 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 COLUW4 S WILL BE REVERSED, AND ALPHABETICAL BY ORGANIZATION NAME Representative Or�artization Represented Tim Johnson . . . . . . . . . . . . . . . . . . . . . . . . . . . . A300 Chairman, Artistic Arborists — Brian Bai-hard . . . . . . . . . . . . . . . . . . . . . . . . . . . A300 Secretary, National Arborist Association James D. Beams . . . . . . . . . . . . . . . . . . . . . . . . . . .splunch Tree Expert Company Dave Morrison (Alt.) John C. Britton . . . . . . . . . . . . . . . . . . . . . . . . . International Society of Arboriculture Bill Kzuidenier (Alt.) Donald F. Blair . . . . . . . . . . . . . . . . . . . . . . . . . . American Society of Consulting Arborists Edward Johnson . . . . . . . . . . . . . . . . . . . . . . . . . The Davey Tree Expert Company Karl Warnke (Alt.) , Dale Gaasla.nd . . . . . . . . . . . society of Tiurticipal Arborists Greg Daniels . . . . . . . . . . . . . . . . . . . . . . . . . . . . The F.A. Bartlett Tree Expert Company Rita Schoeneman . . . . . . . . . . . . . . . . . . . . . . . . . U.S. Forest Service Marcia Sneed(Alt.) ' Paul McFarland . . . . . . . . . . . . . . . . . . . . . . . . . . :rational Arborist Association Robert Felix(Alt.) Cheryl Kollin . . . . . . . . . . . . . . . . . . . . . . . . . . . . American Forests Cathy Riley-Hall . . . . . . . . . . . . . . . . . . . . . . . . . .Municipal Arborists E: Urban Foresters Society , Robert DeFao . . . . . . . . . . . . . . . . . . . . . . . . . . . National Park Sen-ice Dick Hommerschlag (Alt.) J'!tf Smith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility Arborist I—,sociation !Mike Watson Gklt.) Preswn Leyshon . . . . . . . . . . . . . . . . . . . . . . . . . AL.tociated Landscape Contractors of America John Gillan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Professional Grounds !Management Society Knren Mles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .%merican :ocirty of L.nndscnpe Architects , t.r:titi J. Rlvgelbrugge . . . . . . . . . . . . . . . . . . . . . . ... nerican :i'aswintion of �ur:ot�r;xn Contents Page .. 1 Scope, Purpose and Application . . . . . . . . . . . . . . . . . . . . 1 2 Nonnative references . . . . . . . . . . . . .. . . . . . . . • . . . . . . • . i ' 3 Definitions . . . . . . . . . . . . Q saety . . . . . . . . . . . . . . 3 3 5 Tree paining . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Figures 1 Removing a large lateral branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1 2 Cutting back to a lateral . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Removing a branch vrith a nsbranch u-row b ntL-Achrnent . . . . . . . Annex � A Bibliography. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1 • a • 1 I Scope, 1'urpocc, and Application 13rrnuch - A !.Pcondiry short or t.tern arising 1.1 Scope. '116c; dc..ur::c':t presew'!, one of the main axes (i.e., trunk, or lcad(-r) of n performance ttand.ards for 0,e cc:re and tree or wc*dy p)ant. maintenance of trees, shrubs, r,nd other �•'crry plants. Branch Collar . Trunk tissue that forms around 12 Pu,xj)osc. It is ir:tcrir'ct zs a [;,ride for the bale of a branch Lotwccn the main stern arid federal, state, ►nunicipal anc, ptiva:r7 authorit;rs the bn-uich or n branch and•n interal. As a brave including property ov.;►ers, ;.roper:y r:,ancrrerr; decreases in vigor or begins to die, the branch and utilities in the drafting of their rr:ainten r►ce collar becomes more pronounuA. speeiGeations and should tti ndop:cd by them in whole or in p.-u-. Pra.nch 13.,rk Itidge - Rained wren of bark in the 1:3 Applirsrtiorn. 'D'i., ..:.r,c.:,;<i is k,tr•r,cr d to l.,tnnc}i crotch tint. rnnrk_t where the branch wu.,d apply to any perr.,rn or cn; :y r nf:i;cd in O,e and trunk wv_.d r,crt. bu:incrs, undo or l..erforr::ancc mainti3ning or prel.ening trees. Callun - Unclifferendnted tisue formed by the 1.4 Implement--ttion- Specifications for trc.: exunbium layer around it wound. work should ':u: v.-rittrn and ar.rninil:rred by err arborist. Cnutliiutn - Dividing layer of cells that forms 2 Normative references sapwood (xyleru) to the inside and bark (phloem) The following st.ar►dares contzin provisions which, to the outside. t}uough reference in this text; constitute. provisions of&Js A_,:nericzn l;adonal Staxi .rd. At CUmbint;Sptuv - Sharp, pointed devices affixed the time of publication, the e6ticns incicatcd vvcre to the cliruber's leg used to assist in climbing tre� valid- All st-,ncarc?s ..re subject to rcvi!Jon, r..nd (n-k.n- gaffs, hods, spurs, spikes, climbers). parties to ng-reetncnt-s s bared on t}.i, Amer•irrut NnUonal Stancnrd r_re cncoura�cd tr invrsdt;:.! Cloumi! - The praces of woundwood•covering a the pma-ibility of nppl)ing the Inch recent edition cut or- oCner tree injury- • of the standards indic.a:fd }n:lov.•. Crotch - '.Cho angle formed lit the nttarhmer so ANSI Z60.1 Nurr,ery Strxk I..ct-woen a branch and another branch,lender or tnrnk of n woody pltu,t. ANSI Z133.1. For Tree Care Or erntions - Pruning, Trimming, P.eptdTing, Maintn.irdng, vnd Remo%ing Crown - The leaves and branches of n tree or 'Drees, and Cutting Brush . Safety 1'vcouircraents shrub; the upper portion of a tree from the lowes branch on the trunk to the top. 29 CFR 1910, General Industry _ 29 CFR 1910268 Tel ecorrmunications. Crown Clenn.ing - The removal of dead, dying, 29 CF12 1910269, Electric Power Generation, dirensed, crowded, weakly ntt.nched, low-vigor Transmission, and Distribution. branches, and wntersprouts from n tree's crown. 29 CFR 1910.331 - 335, Electrical Safety•ltrAat.c-d Work Practices. Crown Raising- The removal of the lower Available from U.S. Dept. of I•cb.)r, 200 branches of a tree in order to provide clearance. ' Consdtuteion Ave., NM Washington, DC 20210 Crown Reduction- The reduction of the top, 3 ' Definitions sides or individual limbs by the means of remova� Anvil•Ty'pc Prurung Tool - Pruning tr>ol that of the lender or longest portion of a limb to n has n straight sharp blade which cuts against a lateral no less than one-third (113) of the total flat metal cutting surface.. (see liaak and Made- diameter of the original limb removing no more Type Pruning Tool) than one-quarter OJO of the leaf surface. Arborlut- A professional ho po!!.t•s..es the Crown TLi xn in r Crown W n nin; shall eonsis� technical competence through experience nr►d of the selective removal of branches to increase related tT:dning to provide fur or the light penetration, air movement, and reduce ' management of rrecs and other vroady plants in wei1/ht. the residential, commercial and public l:rndsca;.e. • Cut . 77rc exposed wood area resulting fro Boundary Reaction Zone - A -.,paiating removal of n branch or portion thereof. boundary between woad present st the ti:rvc of wounding and Hood that cuntinuc•; to form aNct Decoy - Lkf;r•ndation of vvrKtdy tissue cnwed by Wounding,. biological orrnnisms, E&palier - hspllier pruning is n combination of Petiole - 77re stall: of n icaf, cutting rmd training, branches which are oricntr d in one plane, formnily or informally arranged and 111loern • Inner bark tissue through -hick usually supported on it W.M. fence or trellis. '11c primarily enTl.,ohydratr_s and other organic patterns can be, simple or complex but t}.e rut;ir,f; compounds move frorn regions of high and training is precise. 71'es should }_ replaced concentration ua lo•+.'. - every few year• to prevent giTdlinV the brrairhos at the attachment sitr.. Pollaniing - Polla.ra.ing, is a training system used on some large-Crowing deciduous, trees that are Faei.J.ity - Equipment or structure ur.ed to cieli%c r severely hended t-.nnu dly or every few yearn to or provide protection for the drlivory of nn hold them to Tnodest size or to give thern rind the essential service such ns elc,ctricity, landscape n formril nppe:trance. Pollarding is not r.ynonyrncus wit}t t-oppin g, lopping, or stubbing. Girdling Rc•otn - ltr,gts located ;.I,a�c or l.c1c w I'ollnrdint; i9 ,.cvf ruly heading rornc rend removing (;round whose circular growth eround the bwe of the other vigorous water sprouts back to n definite the trunk or over individual roots r,pplies pressure head or knob of intent buds at the branch ends. to the bark are-a, ultimately restricting ;ap flow and trunk/root. growth, frequently resulting in Precut oe Precutting -the two-step prc-c4_ to reduced vitality and/or stability of the plant. remove a branch before the finished cut is =ado so as to prevent splitting or bark tzaring into the Heading- Heading is cutting a currently growing parent stem. The branch is first undercut, then or one-year-old shoot back to n bud, or cutUnC an cut from the top lxfor'e the final cut. older branch or stern back tn_ it _,rub or Iat,ernl branch not sufficiently J;trge enou;;h to r�,stune the l'r•ttnint; - Removal of plant parts. terminal role. Heating nhould rarely lc wr.d on mature trees. Qualified l.i.ne Clear;tncc Tree Trimmer- A true worker who, through related training and on- Henrtwood.-The inactive xylcm (.Lc;. ) toward the-job experience is familiar ti%ith the toehrdquea the center of n stern or root that provide:, in line clearrtme acrd has demonstrated his/her ' structural support. ability in the perfornanee of the special techrdques involved. 'Deis quaified person may or Hook a-nd Blade Pruning Tool - A hind pruner may not be currently employed by a Line clearance which has it curved, sharpened blade which contractor. overlaps a suppdrting hook;in contrast to an anvil-t)-pc Pntning Tool. Qualified Une Cle.arnnec Tr" 'f4i=mer Trainee - Any worker undergoing line-clearance Horizontal Plame (palmO - an imV'nary level tree triuuming training, who, in the coursiof such line that begins at the base of live frond petioles, t-rttining, is familiar with the t.eclu-dques in line clearance tmd hits detnonstYat.ed MrAer ability in Later al - A branch or twig growing from a parent the performw)r e of the special techniques involved. ' branch or stem. Such tTaincv;s shall be under the direct supervision 1,, c ., of qualified personnel. Leader - A dominant upright stern, usually the main trunk- There can be severet) leaders in one Qtuilified Person or Pemonmel- Workers who, tree. tltrough related training and/or on the job experience, rav familiar Kith the techniquea and Limb'- Srurre ns branch, but is larger and store hazards of arboriculture work including training, prominent., trimming, maintaining, repairing or removing tmcs, and the equipment used in such operations. Lopping'- See Heading QtxmlWjed tree worker, person, or pemonmel - hfyeelitim - Growth mass of fungvs tissue found A person(s) who, through related training and on- under hark or in rotted wood. the-job experience, is familiar Kith the hazards of priming, trimming, repairing, maintaining, or Obctructi.ng - To hinder, block, close off, or be in removing trees, with the equipment used in such the way of; to hinder or retard a desired effect or operntions, and has demonstrated ability in the shape. performance of the special techniques involved. Parent Branch or Stern - Ilie tree trunk; or a Qtutl9Ged tree ti orlter trainer. - Any worker large limb from which Intern) branches grow, undergoing on-the-job training %-'no, in the course of such trnining, is fnrniliar• •�ith the hn-%irds of utility's fn6lities rind the additional space r pruning, trimming;, re.p.dr•ine, r;;ainLaining, or to ensure iGs operation. removing trees, with the equipment used in such operations, and has demonstrated nbility in the Wound - '11c opening that is created any time t performance of the special techniques involved. - tire's proteCive bark covering is penetrated, eu Such trainees rhall be under the direct super-%ision or removed, injuring; or destro)ing Living tissue of qualified personnel. Priming n live branch crentr.s n wound, even whet the cut is properly made. RemoteMui al • Area: as;rxiatad xith very little human activity, ]rind improve;;cat or Womidcvood - Differentiated woody ti.sue A development. forms after initial Utllus has formed around the rnnrg;,ns of n wound. 1'�uunds are closed privrar� Sapsc'ood • '1?:e active xylem (�'GJd) L1lnC Storrs by A,uund"-c-ad. water rind carbohydrates, and transports wat.nr and nutrients; a wood lnyer of vrriable t}licknesE Xylem - flood tissue; active xylem is called ' found irnrnedintely inside the -aznbiusn, compr,scd snpwocci, inrictive xylem is called heartwood. of water-conducting vessels or trncheids and li%ing plant cells. Young 1'�-c•e -A tree young in age or a newly { installed tree. Shnll - As used in this stanca-rd, denotes n mandatory requirement. d "n fe.t Should - As used in this st::rndard, denot.r_s c.:r •1.1 Tree rnrtint.enance s}kill only be per-fo ad�tisory recommendation, by qualified t-ree w•orltem, who through related training, and/or on the job experience, arc familiar Stub - An undesirable r.hor: length of n ]:ranch "ith the practice-s and hazards of ru•borieultur remaining niter a bred. or incorrect pruning cut is and the equipment used in such operation made. 4-2 This standard shall not take p over axboriculttrr•nl safe wort: practices. Stubbing;- See Henciing. 4.2.1 Operations shall comply with applicable Occupational Safety and Hr-alth Target -A person, structure or object �,•hic)r could Ad.ministmtivn (OSHA), American National sustain dnznag;e from the fidlure of a tree or Standards, such as ANSI Z-133.1 (ctureat), as we? portion of a tTeo: as state and local regulations. 5 Tree Pruning Terminal Role - Branch that rssumes the 5.1 Purpose- The purpose of this section is dominant vertical position on the top of it tree. provide specifications for tyre pruning. 52 Pruning P"ctioca Thinning - The removal of a lateral branch at its 6.2.1 Reasons For Prnning7, The r t point of or-ig�n or the shortening of a branch or for tree pruning may include but are not limited t stem by cutting to a lateral It--rge enough to reducing hazards, maintaining or improving t assume the terminal role. health and structure, improving aesthetics oril s.ttisf}ing a specific need such as: removing Th wl.i-ne -A small, Eghtx-eight line with a dis.eazed, dead, dying, decayed, interfering or weighted end used to position a clirnl>er's rope in a obstructing branches; training young trees•, uti tree. line clearance; or specialty tasks as defined in standard. Before pruning the primary objective Topping, - Sec Heading, should be clenrly defined. That objective shout 1 accomplished in the manner most beneficial to Tracisrg - Shaping a wound by removing loose health of the tree. bark from in and around a wound. 52.1.1 Pruning practices for agricultural, horticultural production or ' Urbant/Recidentia.l - Lcr ttions not nally silvicultural purposes rre exempt from this associated with human activity such as populated standard. areas including public and private property. 5.2.2 WLen To Prune. To ob defined objective, the growth cycles of in Utility - An entity that delivers a public °•er,vice species its well as the type of pruning to%In such as electricity or communication. performed should be considered. 5.2-3 Tree I.nsp"tion. Before boginnil Utility Space - The physical area o cupied by the ",nrk and K'hilc work is being performed. a qualified person shall visually inspect each tT". ].f a condition is obt;r_rvnd that requires additional attention, this condition should be brought to the attention of cn immediate supervisor or the pt-r;.on 52.5.4 When removing a lateral branch responsible for nuthorizing the work. at its point of origin on the trunk or parent limb, 52.4 Tooln &Equipment the final cut shall be made in branch tissue eloce 5.7..4.1 Pruning tools ur.ed in making to the tT-unk or parent limb, without cutting into pruning cuts shrill be kept adequately sbarpeneci the branch bark ridp;e, collar or leaping n stub. to result in final cuts with a sunooth surface and (acre Diagram 1) firmly attached remaining adjacent bsuk. 52.5.5 When removing a leader or 52.42 Hook and blade pruning tools lenfrth of a branch, the tingle of the cut should should be used; not anvil t3•pe pruning tools. bisect the angle between the branch bark ridge 52.4_3 Climbing spurs should not l and an imaginary line perpendiculni to the leader used when climbing treys, except ns specified being rernovecl. (See Ma-gram 2) elsewhere in this suandard. Climbing spur use is permissible on tare removals and in emergencies Dingrn.m 2• V l%cn cutting back to a such as nerial rercue. Int.era7, bisect the angle between tho branch 52.4.4 Equipment and work prazticc9 bark ridge and an imaginary lice that damage bark., cambium an6/or live palm perpendicu.la.r to the leader or the branch tissue should be avoided. being removed. 52.5 Pruning Cuts 5.25.1 A thinning cut should be the prefcrrc-d type of cut to make. 5.1.5.2 A thinning cut shall consist of the removal of a lateral branch at its point of origin or the shortening o1 n. branch or stern by cutting to a lateral llirgc enough to assume the terminal role. 5-2.5-3 A heading cut should rarely be used on mature trees, yet may be appropriate for specific purposes such ns but not limited to: L-t •trainink young trues; pollarcing, shaping t.erTninzl flowering trees, storm damage repvr, etc. 52.5.3.1 A heading cut should ' consist of cutting a currently growing or one-),ear- old shoot back to a bud, or cutting an older branch r-,..�c,R _ w �eo•e or stern back to a stub or.Iateral branch not sufficiently large enough to assume the terminal role. Diagram 1 - Removing a largo - '- lateral branch requires two preliminary cuts before the .final cut. �. C.A ' 52.5.6 When removing a dead branch, the final cut shall be made just outside the collar r'"c'' of live tissue. If the collar has grown out along "`-n Cj r"''` the branch stub; only the dead stub should be removed. The live collar shall remain intact and uninjured. C 5.2-9.7 To prevent damage to the parent limb when removing a branch with a nanvw branch attachment, the final cut should'be made from the bottom of the branch up. (See Diagram 3). Diagram 3 - When rernovinC n b nnch veitli n other pnr-ts of the tree or to other plaints or' n.•u-row branch attacionent, cut from the property. Branches too large to support with o bottom upwnr•c1. hand shaJ1 be precut to avoid splitting or tearing of the 1wk (See Nrlauraun 1). Where necessary, ropes or other equipment should ix used to low In-Cc branches or portions of br-anchr_; to the ground. G-1-1-3 `Then a branch is cut back to lateral, not more than one fourth (1/4) of its I suri'ace should be removed. The lateral rema.ini , should lki )n.rrc enoug-h to assume the terminal role. 6-3.1. 3 Not snore than one-fourth (1/4�, .;�. the folinpe on a rnature tree should be removed tc>ir � within n growing reason. 6.9.1.5 Upon completion of pruning a r.�r-°^�•r '^c� suture tree, one-half(112) of the foliage s}aould , remain evenly distributed in the iow•er two-thirds (2n) of the crown and individual limbs. 6.3.2 Size Specitc-ntione..A minimum' and/or maximum diameter of branches to be removed should be specified to establish the extent of pruning, ruck pis: the removal of branches t (3) inches (7.5 cm)in dinmct.er and greater, or, rernoval of branches two (2) inches (5=)in climneter and greater, etc. 6.9.3 Pruning 01ij•ectives - P objectives shoidd lie established prior to be ruty pruning, op-crntion. 63-3.1 11n:rxrd Reduction P Hazard reduction pruning is recorn ended whe the primary objective is to reduce the danger to spcciGc target caused by visibly defined ha.zarda ir n tree. Hazard Reduction Pruning should wrest 62.5X Cut limbs shall be removed from of one or more of the Maintenance Pruning the crown upon completion of the pruning, or at G 932 2lfainLczmnc! Pruning. times when the tree would be left unattended or at Maintenance pruning is recommended when the the end of the work day, primary objective is to maintain or improve 52.6 Wound Treatment~ benith and structure, and includes hazard 62.0.1 Wound dressings and tree reduction pruning. hWntcnance pruning snoul paints should not be used to cover pruning consist of one or more of the following pruning wounds, except when specified for discn_se, twrer, type 9: mistletoe, cprout'control, or cosmetic reasons. Lf 0332.1 Crown Clea.ning. C �vou.ird dressings or paints are used for cosmetic or- Cleaning shall consist of the selective removal of bther reasons, then materials non-toxic to the one or more of the following items: dead, dying, eambit.tm layer&hall }Ja used, and only a light disused, weak branches and watempmuts from caa4ng shall be applied to the wound surface, tme's crown. .: 5.?-6.2.When repairing bark wounds, 5.3.3.2-2 Crown Thinning• Crown only damaged or loose bark should be removed, Thinning shall consist of the selective removal disturbing a minimal amount of live tissue, branches to increase light penetration, air Cavities shall not be filled or movement, and reduce weight. heated it'the boundary reaction zones would be 5.3..32-3 Crown Raisilig- CrOWn ci•sttirb 1 Raising shall consist of the removal of the lowel 5.3 Mature Tive pruning branches of a tree in order to provide cle 5.3.1 GeneraL The following specifications 5.3.32.4 Crown Reductio Should be used with pruning objectives. 61•rnping). Crown Reduction reduces the 5.3.1.1 Pruning cuts shall be made in and/or spread of a tTee. Consideration sho accordance with section 3.2.5 of this standard. given to the ability of a species to sustain this 53.12 Tree branches shall be removed or pruning. in such a manner w ns not to&:ruse damage to 5.:3.32.5 Vista Pruning. Vista Pruning is seic,ctive thinning of fmme- ork limbs heading rorne and removing the other vigorous or specific areas of the crown to allow n specific water sprouts back to n definite head or knob of view of an object from it predetprrroned mint. Intent bud-i at the brancli ends. 5.3.3.2.G Crown Rec-toratior7. 5.6 Pahn Pituri-nt; Crown Rc.stor•ation ptwring should irnprnve the S.G.1 Palm pruning should be performed structure, forth and appenxance of trees v.itich when fronds, fruit, or lour-e },e:.olcs may create a have been severely headed, v:.nc:.li:ed, or stor-in dangerous condition. d:una£ed_ 5.6.].1 Live hr_altl,y fronds, initiating at 5.4 Yount; Tree Prruring nn rurgle of 45 d'cg-rees or greau:r from the 5.4.1 At Planting. Mt,cn a young tree is horizont-al plane should not be removed, planted, dead, broY.en curd split l,rrsrchcs should h,_ 5.6.12 Fronds removed should be removed. A central trunk or kZ'c'er or cell spaced severed cloz:e to the pe:io)e 1 :u.e v.ithout damaging multiple trunks or lenders (a.% ;:cst nprroprit::c fcr living musk tissue. the species and r,pccitnen) should t,, cevelop��d by 5.6.1 l':,lnr perlir•g (shn%ing) should removing competing leaders and removing, consist of the retuoval of the dead frond base:: heading or thinning laterals on vigorously growing only, at the point they make contact with the branches which compete with the selected trunk without drunaging living trunk tissue. leader(s). Branches should be retained on the 5.7 Utility Prumi-ng lower trunk•to increase toper. 6.7.1 Ceneral. The purpose of utility- 5.42 Duxing the Kurt Three Years pruning is to remove branches in order-to prevent rafter PLnniLng.A strong scaffold branch - the lors.of service, prevent darnage W equipment, structure should be developed by selecting the avoid impairment and th uphold the intended primary scat old branches. To improve the ur..Pge of the facility/utility space_. scaffold structure, branches wl.ich are crossing, 5.7.1.1 Only n qualified litre clearance have included bark or interfere with the scaffold tree trirnrner or qualified hne clearance tree brrurches should tu. retnoved- 'Ila told branches trimmer trainc�: rhotrld l>e cssign�•d to line should ke properly r.paccd. For ceciduous shade clearance work rs per ANSI 2133.1 (current), 29 trees which will retch or exceed 40 feet(12 CFR 1910.331.335, 29 CFR 1910268, avid/or 29 meters) in height at maturity, the recommended CF'l2 1910.265. spacing between primary scaffold brrurches is 6.7.12 Utility pruning cperations rue approximately 18 inches (4G czn). For smaller exempt from section 32.3, tree inspection. species, 6 to 8 inches(15 cur to 20 cm) would tk 6.72 Utility Cr owu Reduction Pruning adequate. 6.7.2.1 Urha.n/RccidentW e 6.4.3 Mtw een Four arnd Six Yearn Envir'orament After Planting. The development of a good 5.7.2.1.1 Cuts should be made structurally sound tz—d -old branch s1•swm should according to :,actions 32.5 and 3.2.6 of this be continued by selective thinning of or on standard. brimches raid removing dead, int.er.ering, split, 5.72.12 A minimum number ofcuts and broken branches, 1 rge-growing branches should be made W accomplish the purpose of ' with narrow angles of attaclunent shall lx facility/utility pruning. 1-he natural shape of the removed from the trunk or canopy, Lower tree should be considered-. branches ehall bi pruned (crown rvising) so es not 6.72.1..3 Trees directly under and to interfere with }ruuran needs where growing into the facility/utility should be removed appropriate. or pruned. Such pntning should be done by 5.5 Specialty n-ai*+ing 5yciems removing entire branches or by removing branches 5.5.1 Espalier. Espalier pruning is n that have laterals growing into or, once pruned;. combination of cutting and tr2.fning br 4•rches will grow into the facility/utility space. ' which are oriented in one plane, forrnvAy or 5.72.1.4 Imes growing along the informally a rmnged and usually suppot-.kd on a side and growing into or toward the facility/utility wall, fence or trellis. The p=&-rns cut be simple space should be pruned by removing entire or complex but the cutting and training is precise. branches. Br-anches that, when cut, will produce 71es should be replaced every few years to prevent sprouts that would grow into facilities and/or t girdling the branches at the attachment rite. utility space should be removed. 522 Pollarding. PolInding is a tr-:rinir,g 6.7.2.1-5 Branches should tic cut to syst.ern used on some large-growing deciduous laterals or the parent brunch and not at it trees that nxe severely headed amnuzlly or every preestabUshed clearing limit. few years to hold them to modest _Ice or to give 5.722 R-emote/Rural Environment r them and the landscape a forrna) fippearance, 5.72.2.1 Climbing spurs may be Pollarding is not synonymous Nith :zipping, used when limbs are more than throw line lopping, or stubbing. PullordinN is distance apart, or when the bnrk is thick enough to prevent damn a to the cambium, or there are no Annex A ' other practical tneans,of climbing the tree. (informntive) 6.722.2 Utilities trust often 13ibliog-r2phy maintain fbrilities/con-idors at reroute locations. In such locations, it may be appropriate to use Tree 1'rUninr. Guidelines 1994 published by the mechanical pruning equipment. Internntional Society of Arborie��lture, 6 Dunlap 6.722.3 h1eclytn.ical Pru-ning. Court, P.O. Box GG, Savoy. J7, 61874. Cuts should be made close to the main stern, outside of the branch bark ridge and brunch dollar. Precautions should be tnken to avoid stripping or tearing of bark or excessive wounding. 5.7.3 Errierr;cncy Sen-icc 12cciornt.ioti 6.7.3.1 During a utility declared emergency, utilities must restore renice us quickly as.possible in accordance with ANSI Z133.1 (current),29 CPR 1910.331.335, 29 CPR 1910.268, and/or 29 CPR 1910.269. At ouch times it may be necessary, because o f'sa.fe ty and the `) urgency of service restoration, to.deviate from the use of proper pruning techniques as defined in this standard. Following the emergency, corrective pruning.should be done as necessary. eI NSI X1300.1 - 1 9S 1 I or Tree Care Operatio>>s ,reeT Sh.rub 1 and Other Woody PZant Maintenance 1 Standard Practices FERTILIZING 1 June 7, 1995 - DRAFT Secretariat, NATIONAL ARBORIST ASSOCIATION, INC. 1 P.O. Box 1094 Amherst, NrH 03031 (603) 673-3311, FAX 603) 672-2613 1 1 1 Fertilizing Woody Plants • General 1.1 Scope. 3his section presents standards for fertilizing woody landscape planLS. 1.2 Purpose.1-he purpose of this section is to provide specifications for ' fertilizing woody Iandscap-c plants. It k intended as a guide to federal, state, municipal ,uid private auttrorides in the drafting of their e rnaintenanc.e spy cific'ntJons :gnc1 shauid be -Aopted by thorn in whole or in j art. rd 1.3 Applic.ttion. 11tis section is inte.ndcd to apply to any person or cndty I engaged in the business, trade or perforrnancc of fertilizing woody i . landscape plants. 1.4 Reason For rer-tilizing. 1?tc purport of feriAzing trees, shrubs and e other woody plant_; is to correct deficiencies to a110-,v the plant to i develop to its full Fenedc potential. 1.5 'Types of Fertilizer 1.5.1 A fertilizer is a product applied to a plant which provides one of more of the 16 essential elements required for the plant to complete its life cycle. 1.5.2 A complete fertilizer contains nitrogen, phosphorus and Potassium. 1,5.3 Slow release fertilizers are characterized by the release of nitrogen over a p4tiod of months. This includes many natural organic, synthetic organic and coated fertilizers. Slow release fertilizers rarely damage plants when properly appllcd. 1.5.4 Quick release fertilizers are characterized by the rapid release ' of rdtropen after application, 1.5.5 Liquid fertilizer can contain dither slow release or quick release Components. 1.5.5.1 Suspension fzrutizers contain dissolved and undissolved componctim The solids are held in suspension by use of a suspension went or by mechanical anitauon. 1.6 Fert:Azer Practices 1.6.1 Timing of Fertili7ation. Trees should be fertilized when 0)a rv..)ts arc :icdvciy growing. 1.6.2 ?Methods of Fer-tilizer Applications. 1,6.2.1 Surface a PP lic-stions 1=enitizers should be evenly applied by calibrating a spreader to apply the proper amount of material per unit area. . 1.6.2.2 Subsurface - Drill hold method 1.6.2.2.1 Holes should be evenly spaced beginning near the wun}; and extending near the drip line. 1.6.2.2.2 Holes should be 2-4 inches in diameter, spaced 12-36 inches apart and 3-12 inches deep, depending upon the tree species, root growth pa ferns and soil type. 1.6.2.2.3 Tbe'recommended amount o' fertilizer shall be evenly distributed among the holes. I.6.23 Subsurface - Liquid injection. 1.6.2.3.Y liquid Injection siics should be evenly spoccd heginningpear tllc wnk and A300 Fertilizing,tune 7. 1995 drub 3 emcridine near the drip line. 1.6.2.3.2 Injection sites should be spaced 8.",0 inches apart, and 4-12 inches deep, dcpendinst upon the tree spccics, root ProMh patterns and soil type: 1.6,23.3 An injector should be used at an - averat,e pressure of 100-2W p.s.i. 1.6.2.3.4 'Ihe specified .unount of fertilizer shall be evenly distributed among the injection sites. 'I7re pressure should be i maintained at 100-200 p.s.i. 1.63 Foliar :application. 1,6.3.1 Foliar fertilizers should be used anci may temporary correct iron and zinc deficiencies. 1,6.3.2 "Ilia recommended nutrient solution should be sprayed to the entire foliage to run-off. .j 1.6.4 Tr6nk Injections and implants 1.6.4.1 Trunk treatment with soluble fertilizers, particularly microntim*ent may correct deficiencies. Applications shall be applied according to manufacturers recomniendadons. Trunk injections should only be ' used when other methods are not practicable, 1.6.4.2 Injections or implants should be nurse on ilia root flare ' or as low as possible on the tmn.k, using a sharp, clean drill bit of appropriate size. Spacing, timing and depth ' should follow manufacturers recommendations, 1,6. 3.3 Trees under tour inches in diarrreter and trees under , drought stress should not tie treated. •1.7 Rates of application 1.7.1 The recommended rates in this standard should be used as a guideline for fertilizing trees, shrubs and ot)tcr woody pinnts. Specific soil and foliar tests recomrnendadons should the followed when a%•ailable. actual rates of fertilizer applications should also be adjusted oftcr considering the fertilizer to be used, and after irtSix•cdng on-site plant, soil and environmental conditions. 1.7.2 f=ertilizer 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. 1.8 Square Foot Method 1.8.1 Rate of application shall be based on the square foot method. 1.8.1.1 Apply 3 lbs. of actual nitrogen per 1000 square feet to the recommended root area annually or G lbs. every ' tu'o 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, 1-1)1. 1,9.1 The Diameter Breast High (DB1-1) method should not be used to dcternUne rate of application, unless conversion is made to the square rout method. Recommended conversion is 1 to 1 1!2 feet of surt'ase area in diameter per inch of DIM ' A30U Vvrilitr•.Inv, June 7. IWS drar't 5 ` 1.9.2 Sensitive 'frees 1.9.2.0.1 Fertilizer-sensitive trees such as broadleaf evergreens, newly transplanted trees, ,Vnerican Meech, and Japanese maple should be fertilized xith slow release malcrials or at onc- half the normal rate of inorganic (soluble) fertilizers. y 1.9.2.0.2 Trees infected with fire blight, or phloem feeding sucking insects should be fertilized only as part of a total plant health care program. ' Glossary of Terms Chlorotic Yellowing of leaves, specifically as it relates to nutrient deficiencies. Dripline - A circle drawn at the sunshade inteffac- when the sun is directly overhead, underneath a tree or sluub. `i Fertilization - The addition of essential plant elements to the soil, trunk or foliage of a plant. Fertilizer analysis - The composition"-rcenta a of a fertilizer usually in reference P S I� to the tliree main mineral nutrients - nitrogen (N), available phosphate (P205) and potash (K:0). Implant ' Injection ' IN•Ticronutrient - Mineral elements required by plants In relatively small amounts. y Nutrients - Mineral elements required by the plant 11or Growth and development. .1100 Pcrltlizlne, June 7, 1V95 drul'i ,Organic rerillizer - A material containing carbon and one or more elements, other than hydrogen and oxygen, essend,,d for plant growth. Natural organic fertilizers are derived'frorn n plant or animal: Synthetic organic fertilizers are produced from their elements or other chc fill'Cal s. Appendix "ro calculate the root area, use: Surface area = radius. x 3.I4. `I-he radius is the distance frorn the tmnl: to the (trip line (maximum extent of branch spread). For example, a tree with a total branch spread of 36 feet has a radius of 18 feet. 'Die area (using the above, formula) ould equal 18 x 13 x 3.14 or 1,017 square feet_ ' considering the recommended rate of 3 lbs. nitrogen per 1000 sq. ft. 'ITte arnount of 30-10-10 fenilizer to be applied would be 10 pounds: 3 jibs of N) 0.30 [%N) = 10 (lbs. of 30-10-10). ~t... r AJUA t'vrttit7int;, .3unc 7, 1 5►5>S drat't ; ti's*�D ^OJj�O Bob Holden tis.?`� (�� Mlchaot Hartman \t' 4 Govorrior "' ♦�r}��i � Commissionor State of Missouri OFF=ICE OF ADMINISTRATION Intergovernmental Relations Post Office Box 809 Jofferson City, 65102 573r/51-4834 July 9, 2001 Mr. Stephen J. Meyer, P.F. 'J Project Manager t, MECO Engineering Co., Inc. t; I , 308 East High St., P.O. Box 714 JUIL 12 20011, Jefferson City, MO 65102 RE: Proposed Sidewalks and 'frail MECO Nos, 404-015, 4041-016, 404-017 ISTEA Project No. S'1•1-)-3100(509) Dear Mr. Meyer: We are in receipt of your request for review and conln1ent on the above referenced t projects. These projects were previously submitted by the Department of Transportation and were reviewed under SAI number 99080041. Please find attached a copy of the sign- ' off letter for your information. If you have any questions, please contact me at 751-4834. Si rely, Ewell Lawso , Coordinator ' Missouri Clearinghouse EUmtk 1 Enclosures 1 . Mel Carnahan A ^ F Governor State of Missouri OFFICE OF ADMINISTRATION Stan Porovich Richard A. Hanson City Director Jeffc�,san C C; Commissioner Post Office 809 Director of General Services 65102 August 2:3, 1990 Kyle Kittrell Transportation Program Manager Missouri Department of Transportation 105 West Capitol Avenue P. O. Box 270 Jefferson City, MO 65102 Dear Mr. Kittrell: Subject: Attached List of Highway Planning and Construction Projects [99080020 —99080072] The Missouri Federal Assistance Clearinghouse, in cooperation with state and local agencies interested or possibly affected, has completed the review on the above project application. N' one of the agencies involved in the review had comments or reconunendations to offer at this time. This concludes the Clearinghouse's rcvicw. A copy of this letter is to be attached to the application as evidence of compliance with the State Clearinghouse requirements. Sincerely, ncz( Lois Pohl, Coordinator Missouri Clearinghouse LP:cm cc: Regional Planning Commissions r ' O 99080033 (ST11-330(454)) City of Kansas City- Jackson County Riverfront/Town of Kansas Ped& Bike Walk Mid-Amcrica Regional Council 99080034 [S1-11-3352(406)) City of Kansas City- 1-435 8 Jackson County hlolmcs Intersection Landscaping Mid-America Regional Council 99080035 [S1 11-3352(407)] City of Kansas City- Brush Jackson County Creek Peclestrian/Bicycle Trail Mid-America Regional Council 99080036 [S1.1'-3151(406))] City of Kansas City- Indian Jackson County Creek Greenway Pedestrian Bicycle Trail Mid-America Regional Council 99080037 [STP-3355(402)] City of Kansas City- Lake of the Jackson County IEnshriners Land scapin.;&,, Pedestrian Mid-America Rgjottal Council 99080038 (S'1'P-3335(405)) City of Raytown - Acquisition of Jackson County Rice-Tremont House Mid-America Regional Council n ' 99080039 [STP-3300(45•t)] KCATA- Relocate Passenger Jackson County Rail to Union Station Mid-Amcrica Regional Council 99080010 (ST['-2700(502)] City of Fulton- Stinson Creek Callaway County "frail - Phase II Mid-Missouri RPC 99080041 (STI'-3100(509)) City of Jefferson City- School Cole County Sidewalk Program Mid-Missouri RPC , 99080042 (S-I-P-9900(563)] City of Lake Ozark-The Strip Miller County r' Enhancement Project- Phase I Lake of the Ozarks Council of Local Governments 99080043 (ST11-2100(511)) UMC-University of Missouri Boone County Bike Trail - Phase III Mid-Missouri RPC 99080044 (ST11-5400(671)) Bi-State Development Agency- St, Louis City and County Bus Shelter Program Phase It East-West Gateway Coordinating Council 99080045 [STP-4928(604)] City of Chesterfield-Path%vay St, Louis County ' on the Park East-West Gateway Coordinating Council r 99080046 (STP-5537(611)) City of Kirkwood- Kirkwood St. Louis County Road Pedestrian & Bicycle Improvements Ens t-West Gateway Coordinating Cot TECHNICAL SP ECIFICATONS _j 1 101. � JO' SPECIAL�, L P.IZC�VI�. Y "Che ,t0b Special Provisions shclll be the LOMissouri S�andartl Specifications fm. Highway lighway Constr uctic)n i C�9��." "f"he Job Special, Provisions shitll prevail Over Gencral Special ' Provisions whenever ill conflict therewith. i ry 1 � - f 1 i, t s :rrcl�iN�cnl�_s�'ctrr srr ClF'►._"A HONS TA131,1 OF CONTENTS :Section I?ribe 1.0 Clearing, Gru0bing and Renlrlval 1 ' 2,0 l arthwork 2 10 Cleanup 13 4,0 Pipe SeWel' C'011Strllc0011 13 5,0 i)ra111,1g C Structul'U'S 17 6.0 Concrete 23 7•.0 Asphaltic Concrete 31 8.0 Portland Cement Concrete Pavement 35 9.0 Lawn Repair and Seeding 38 11.0 Crushed Stone Driveways 40 1 12.0 Rip Rap 41 13.0 Rock Excavation 41 14,0 Sanitary Sewer Adjustments 42 20.0 Fencing 44 21.0 Certificates of Compliance 45 22.0 Schedule of Work 47 23.0 Maintenance of'1'raffic and Access 48 24.0 Temporary Surfacing 49 25.0 Dust Control 49 26.0 Property Corners and Monurnentation 49 21.0 Cleanup 50 ' 28.0 Traffic Signs, Stop Signs, and Street Signs 50 29.0 Downspout Drains 50 30.0 Subsidiary Items 51 31.0 Concrete Gravity Block Retaining Wall 51 JULY, 2001 TI'-C:I I N I CA 1, s'rR I-'I I' S 1 1:CI F]CATI Q N S TS-], TS-1. 1 Cle'll.iflu, 1!1(1 Scope. This wort: "hall consiM of(.1carilly, grubbing, relm)vi[it , and disposing of vegetation within the con!A1,10ion 111,11ts 1 2 Construction Requiremenis Tlvc 1`1111"incel w1f) C."A"Iblish the cmistfuchon 1111JIS and Will ( L'�I YIIMV ;111 HCC'�, �, IIHIPI, VV.1�C1, tlMl Within Ilv coll,IIJA I mi 111lI t" shall he femoved and imilictly dlr;po.,,Cd of Stumps and I.001S III) Cilt area Shall be grubbed to a depth of not less than twelve(12). inches helow the finished earth grade (JI'Llbbilig 01' ON1111,1C 01 IoCUS( hedge -bed StUnips and roots S11,111 i1IClLIdC ITMOVal 01'1'00t.S. In embankment areas, L11ldiStLli extending not more than six (6) inches above the ground line may remain, provided they are a nummurn ol'three(3) Feet below the f finished earth grade.of- the slope of the embankment. 17XCept in areas to be excavated, stump holes shall be backfilled with Suitable material and compacted to the approximate density of the adjacent area. 1V11c►1 bm-ning is pel I illissihle under Controlling air po(lut ion rcgll lat iolls, of 1 burning .,of products of Cle"IfIng and [',I Ubbill1_1 Shall he clone uncles the Care of a Competent WMC11111,111 iIt SLICII tillICS i111d if) SLJCh [IMMICr that FIC111ICT VCi4Ct,1t1OfI Oil adjacent property 11mr that designated to remain on the right.-of-way will bejeopardized. The burial of stumps and debris will not Ile permitted on the right-of way, Products of cleai-iiij.,, grubbing iii,iyt)eremoved 110111 the i-igilt-Of-Wily,i[ICIdisposed Of out Ofsight from the roadway provided an acceptable written agreement Vvith the property owner on whose property the l)r0dLJCtS are I)IICCCI is SUbmitted by the contractor. The contractor shall scalp all areas where excavation or embankment is to be made, except that mowed, burned over sod need not be removed where the embankment to be constructed is 4 feet or more in height. Scalping shall include the removal of material SLICII (IS Sod, grass, rCSidLIC of agricultural Corps, sawdust, and decayed vegetable matter From the SL1rRICC of ground WifllOLIt removing more earth thall is necessary, The I)rOCILINS Of scalping shall be disposed of away front the site of the work unless permission is granted by the 13rigineer to allow such disposal on the right- or-way, All SLICII diSl)OSIl Shall be at the contractor's sole expense. 'I'S-1.1.3 Measurement and 1) ilent: No 1IIC,-tSU •enleiit will be made of clearingand grubbing, Payment for clearing and grubbing will be at the 1111111) SLI111 price bid. TS-1.2 REMOVALS -2- TS-12 1 Scope This work shall consist of lemovilm, all dr;►inat;e structures, pavernen►s, surtaCinf;, and base Courses of all typcS, curb, curb and gutter, sidewalks and house walks, steps, retaining walls, lminlation walls, catch hasins, rnanhoICS, drainage and rsewer pipes, water and gas main pipes, other objects of structures and other existing in►p -(IV(, which conflict with thu work and arc rntt desil"natCd to rc�rnain in place No listini; of itcn►s t,+ he rcn►ovCCl will bC r►tadc• '1'S-1.2 2 ('onstrtrction Rcl(luircnrcnts ()Id pavcn►cnts, ahancloncd SCV✓Crs or l)rpC linc.S, ur other ohstructions to file cunstructictn of'thc roadway m tivitltin (hc hmit." of'thc rivilt-of, and not dC>.rf�,n;tr, d or I►i•rnllm' l to rt•rn;un •,b;tll bt r, nrt,�, ,I {,r c4i ,J,o.ccl of bti tl►c ( ontr;tctor mvav I'rorn th:� site ()IAhc• wmk In ret7►ovint, paverlrent, curb: curb and grater, putters, sidewalk, and other similar improven►cnts, and where a poi tior► ol'such improvements ar e to be 101 in I)I,rce, they shall be removed to tin existing joint or to a joint sawed to a minimum depth of one inch with a tnrc line and vertical face. Sufficient removal shall be made to provide t'or proper grade and connections in the new work regardless of'any limits which may be indicated on the plans All sewers, drainave pipe; and Iloor (trains v"llicb have bre•.n m arc to he abandoned .Shall bC pc•rr►t;tnently scaled at the ends with bulkheads constructed 01'concrctC or' brick masomy, having a r►►inimum thickness c.t1'8 inchc;s. The use of'salvaged brick will he permitted feu constructing; btilklicads provided the brick arc clean and sot►r►d. No direct payment will he made !or blocking abandoned sewers, drainage pipes, of- floor drains Broken concrete, paving; material, bricks or ruhblc may be placed in roadway embankment provided they are well spread, corI►pletCly sur•r'otnulCd by dirt and are not ' located within twelve inches o!'the finished subgrade, shoulder or ground surface, TS-1.2.3 Matsurement: The work provided herein will not be mCasurCd for payment, but will be considered a lump suns unit, This shall include the removal of all items, whether in view or hidden underneath the SLlITI C of'tfte ground, reg;arclless C►fwhCther shown on the plaits or encountered during constrt.retiou. '1'S-1.2.4 11aynici1t: The accepted removal ol'improvements will he paid for at the contract lump sum bid price. 'I'S-2 EAR'1'1.1\V(. RK: 1 TS-2. 1 Scue: This wank shall include all labor, material, equipment and services necessary to complete all earthwork as shown on the plans and specified herein including -3- (011dway excavation, clubankmellt, mill)"fade prCpamlloll and linisll )."rildlrlp" 'I'S-2 1:'ll-th ti'olk fill Pilvellicnt 'I'S-2 2 1 The term, "Pavement". as used 111 tills Section, IS (11_'flllcd as Including roadways, roadway inter:, lions, sid(•walks, sllouldcls, cul and fill sk)p(•s driveways, pedestlian/hike trails, palkini', a1(11,1: and al! olh(•r alcils ul e:uthv.ork except em';I 'pion 1111(1 hacklill lilt pip, 11clidlc', and x1111 111c', TS-2 2 :! ti1i1;s1111Ii I III'.111',';1y Spcc I14.ation,, `ic, t1u11 :'.r1 ; and :'r►I r,h l)I t"w('rn all carlllworl; and 1'I Idllll' h it alld Ilan., t"•.1'('I I 11111 ill(' p!k)� r,11 w, 1161 Illt'a'•111('111cilt and 11;1yIn(nt Ih� rein ;1);111 Imi apidy ;III() cx( cpl ,l•, immilfic'd 111 1111' 1'Mill of additions. deletions and srlhstit(it loll:; in this r\►tiCIV WIWIe ;uly' pall 1,1' said SCCti()I1 01' tllc Missollri 1 litchway Specifications is so modified, the unnliered provisions shall remain III cif ct r 1 TS-2.2.3 Compaction shall conlo1.111 to Missouri Highway Specifications Section 203.3. The 'first paragraph ol'Section 203,:3. 1 shall be changed to read as Hollows: Compaction to ;lt Irasl 90 percent ( rnlaxinlunl density, as determined by standard Compaction Test, will he required in the 101lowillp, ilIVAS TS-2 2 .1 1)ispos,ll t;nsuilahle elate iil shall not hr (1s1•cl Ill the clnhanklnenls and I not he dislulscd oCon r fight-111=way' Disposal shall h(: the sole responsibility and ill the Sole CxpCrlse Ofthe Collti'MA0 l'. 1.111S11It711)IC Mid ('xCCSS excavated Illilterlill may he disposed of on private. property adjacent to the right-of-way, provided written permission of*the property own(-r is obtained and provided the surface is pr'oper'ly finished and drained. In such Cases, seeding, SOCIdinI,1, and other pay quantities shall not be increased thereby. TS-2.2.5 1)itcli_( Ie�>r>c�ut; Special care shall be taken to clean out all debris and organic: platter From existing roadway ditches to be filled. The ditches~hall be carefillly backfilled in accordance with the requirements herein, usin±; trench rollers or hand-operated power compactors as play be needed to ISSUIT pI'oI)CI' COr11prIC6011 1111'ollgh011l. TS-2,2.6 Under adi_ng in Rock CUt: III rock c(It areas excavation shall be carried to twelve (12) inches below subgrade to a nlininlurn distance of two (2) reel behind back of curb. Backf illing of under ,railed cut areas shall be with a drainable material with top ' surface. choked with fines for' proper subgrade preparation Whenever possible, this material shall be from project excavation. Where authorized an open-graded drainablc crushui linlcslonc shall be brought in. Undrained pockets silall not be tell in the surface of the rock. ' TS-2 :2 7 tiu fit de Stabilization P()c XIS Oh II15llitilhIC earth rllaybc cncouIfICICd in cut areas where it will he impracticable to replace �6ttl suitable materials fiorll excavali011 on the work site. In such cases, where rl(Itimlixcd by the Engineer, the contractor shall lilrnish and place Crushed stone base its required to provide a stable sub-grade, Crushed stone hasc in accordance with ru(lullements of Article '1'S-I I Where necessary, a p(Irtion (11,01c stone bar•w shall he nlixc(I with cxi`ting earth to provide suhl,rade stahility, and 111,11 portion stolle hasc Imilerial shall be delivured to the project in as (11y as p(,Y.iblu condition 1'S-2 ? Ix In 111(: (q)MM11 (&Olt- I:nttinc'(:r, c•on(liti(,n:,ale such that It 1!i III Ipracticalfc tO (0)11111) `illb•1"imlC'. SallSlit(;tUry 101 the (IL-slll,ll pavcIllent thickness, the contractor play bu directed to finish the sub-grade at 1OWcr than specificd (kwation and im-(-case the thickness of,base TS-2.2.9 The provisions of paragraphs TS-2.2.7 and 8 shall not be construed to relieve tile, contractor of his responsibility for any necessary aeration and compaction of suitable earth at sub-grade level. TS-12 10 f'1,()tectiOIl OI,Suh_-(grade: The CMItrslctor shall pl-Oled the Suhgrade by not allowing delivery vehicles ofexcess weight Ihereon and by varyiq,, the path ofdelivery vehicles so as to not cause excessive Inttillit I ieavim!, or rt+ttint-1 danla a to Suh-grade caused by delivc:ry vehicles dur'lig paving operations shall he immediately repaired and hI-OLIght back to specified elevation prior to placing base or portiand Cement concrete pavement. '1'S-2.2.1 I TORSOil: The top four (4) inches of*backfill shall be top soil, tree irom rocks, gravel, and any undesirable (Materials and shall be material suitable to establish a seed bed. This material may be either top soil available within (lie limits ofthc project or it ((lily be top soil fiurnished by the contractor. No direct payment will be made for such topsoil, but shall be included in t►e price Im grading, and excavation. FS-2.2. 12 Area Drainage, All earth areas within and adjacent to the grading limits as shown on the flans shall be graded to drain as directed by the Engineer, at one (1) percent r11It►rrllUrll SIOpC WI1CI'CVCI- 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 nu,asurenlent far payrllent of Proposal items will he made. ' `I'S-12. 13 Sub-GradC Tolerance: Except as otherwise specified in paragraph TS-2.2,7, the sub- grade for all paving and surlhcing sliall be within the tolerance range ofrninus one-hall' (/z) inch to plus one-g(larter(1/a) inch with respect to specified elevation. I'S-2.2. 14 Borrow Material: -S- ( I ) Ifhmrow material is Ic(Iuirccl, the contra AM slulll sul)I►ly this material lio1r► a hoIIow iue;► ull•tIIc JIc I h(; holr,rw area shall he oht;►ined by the cor►tlactor at his sole expense Borrow materials shall he approved by the 1:11gir►eer hetirre they arc transpolted to the site ofthe Project C.) Rlatclials shall he Sinul;u Io Soil!; 161111d on the I'rojc( I Soils showing, hill) swell potcr►tials will nul he apploved 1 "I `i-2 2 1 1"xces ; Rlill elial X111 .;r1ilahIL' Mill(•rial (i(uu CXC;l tion ircr((n1c the I)r()lxvtyOI' the ('11Y 01'J1Alc-1"Mi ,1n(i still In- 1:1111.-d ;►t ihc. (111ccti(1n (d,111c I•;n}In►(TI TS-2.2. 10 Method of,Measurement Measurcn►cnt of lincar grading and sill)glads compactic►t) will he nrlde to the nearest 1,601, unless otherwise provided in the contract. Measurement and payment lm entrances, approaches and side paved sidewalks shall be made as linear grading. l ntrances, approaches and side paved sidewalks will be nicasured' along the centerline of each fiacility, regardless of the- width •to be constructed, beginning at the edge ol'the road, trail or sidewalk that is being entered and extending to (lie point of zero cut or embankment of the entrance, approach or side paved sidewalk TS-22 17 13asiS.-of_I'ayil►el►t. Pay )lc-nt 101 eiu 111WOl k suhi;rade cotupaction and lincar grading will he made at the contract unit price which slu►il be 11111 compensation I'M' the excavating„ grading and hauling.,; placing;and 1i61-nlillp of embankments; preparation of subg;rade; shouldering, rounding slopes, picking up and disposing of field stones and any other work noted on the plans. TS-2.2.18 13asiS 01'1)<lVlllent Co r_Ulsll►tableMaterial: Payment for the removal of any unsuitable material shall be made at the contract unit price. Payment for the material for backfilling regtlired undergraded areas shall be made at the contract unit price for rock material in place. 11'additional fill material is regUired for the unsuitable areas, the additional fill nmteriai shall be located, furnished and hauled by the contractor as necessary, and will be considered linear grading as included in the original bid item. The contractor shall be responsible for obtaining all necessary permits and casements. No direct payment for locating, securing casements, securing permits, furnishing or hauling additional fill material rrgtlircd flor the backfill Of•unsuitable areas will be made. ' TS-2.3 -1'renchin r, I m�edment and Backfill for fills: T,5-2.3. 1 :french Exc.avation and Sheeting: ' (1) Excavate in open cut except where boring,jacking or tunneling is specified. ' -6- Trench walls shall be vertical in streets or improved arcaS unless otherwise authorized by the Engineer, Provide bracing, sheeting and cribbing where necessary to prevent caving. (2) All sheeting; shall he pulled immediately prior to backfilling around the shccting; 1'IOWCVCi', the inginecr play direct ;ill or a p(1rUOn o1 the shectingfa be Icfl in place in Or(;er to protect the pipe against shock load ol'cavinh banks, or to protect adjacent street or property, or to prevent material that cannot be compacted to specified density from caving; into the trench. (3) Wilcie shecting, is 101 in place, do m)t brace a-MilSt I)i1)e, but support in a manner which %Vill not apply concentrated loads or horizontal thrusts on the .pipe. Cross braces above the pipe may be removed alter backfill to top of pipe has been completed. (4) '['ranch walls rnay be sloped in unimproved areas if required to prevent caving and if adjacent property or trees to be lef} in place arc not thereby subjected to additional cutting of roots. (5) See Pipe E mbedment Details on flans for mininnlm and Max1r11ur11 trench Widths If►llaxiMUM IS exceeded, and strength requirements control, Engineer may direct Contractor to install special bed.lins; or he avier class or gage of pipe at contractor's expense. TS-2.3.2 ()'round Water and SUrfaCC Water: (1) Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing, and pipe embedment operations. Where the trench bottom is mucky or otherwise unstable because of the presence of ground water, and in all cases where the static ground water elevation is above the bottom of any trench bell hole excavation, such ground water shall be lowered ' by means of pumps or other acceptable means to the extent necessary to keep the trench free from water, pipe sub-grade stable and firm under foot, at all tlnnes when work within the trench is in progress. ' (2) The contractor may use additional granular fill Material, in accordance with the requirements of'subparagraph TS-2.3.3 (b), in connection with drainage control, at his own expense. (3) Each excavation shall be kept dry until the backfill is completed to the extent that no damage'from hydrostatic pressures, flotation, or other causes will result. -7- H) Surf ice wi+ter shall be diverted, and o llerwisc prevented froln entering; (:xca vat IoIIs a I I d IrenClfus to the)',rCaIL'St extent pracIIc';IbIC.wiIIIoIII dimlage to adjacent proper ty 1.1 oill dikes, ditches, of III)) ,hided water TS-2.3.3 )'if)(! loll, (ir;:polar Dill and Trench I3ollonl Stabilizatioll e ( I 1 1\II gibe shall he heddcd as shown III the "I'illc I"fill led hucnt Dekills" on the flans (2) ( iran111ar till shall hc.• clean 1IVc•1 Pl;l%ci M rrasMnally sound crushed limestone, tr(c ut cc•nlc•rltillmi", ,hal,, i)I fl,ll anci flak, partic•Ics in !In Nfiloltnt which would cause the nr,llcrial to Cill<c c:t IGIC•k oI otherwise.• fMin In Imyieldinzll support tur the pipe. (►radalion sh;dl be such thal al least mitety-five (95) percent pisses a three-quarter (3,M) inch square mesh sieve and not over rive (5) percent passes a number bill" (•1) square mesh sicvu ' (3) 5(abilintion: it'tile trench bottom at base of'the required pipe embedment i material is pnstable, tile. 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 isused, the Lipper portion shall be choked with Smaller clone and no stone larger than one ( I ) inr_h size will he allowed within ( t) inches cif• the pipe wall. Stabilirltion rlrlterial (11(lei by Ihc• I,"nleMucr will be pair) ti)r ill accordance with tile. stipulations of'At tic:lc s "I S and 'I'S-2 G. 1 fowever, payment will not be made for stahilizalion lnalerlal or extra granular till used for contractor's convenience in controlling drainage or as may be required to stabilize trench botton►s made twistable throuc;h contraclor's (listurbance thereoCor excessive tranlping thereon Pipc shall not be placed over f i ozen to enc•h sub-grade. ' (5) PhICCIMI)t. cifCir,l:nplar..l'ill: I . Place granldar fill in 1111', not exceeding six (6) inches and bring up evenly on both sides of'pipe. DO not dump over side of'trench in any planner that will brim; earth into the granular till area of- displace the pipe. Compact, vibrate, or slice with a shovel, in such planner that granular fill will tale its final compaction and provide uniform and solid bearing under and around the Ilipe and its haunches. 2. Screed gl'allltlar fill Ws shown on the Plans under elliptical or arch pipe. ' 3 Por a length of two (2) pipe diameters (effective diameter equals average of span and rise (or elliptical or arch pipe) an the upstream , -8- ends of culverts, omit granular fill. Use selected clay screcded and compacted to not less than ninety (90) percent of Standard i)ensity, I'S-2.3.4 13011.f.iolcs: I)ig bell holes where pipe has bell joints. No part oi'any bell shall be in contact with the trench bottom or sides or granular fill when the pipe is jointed. 'I'S-2 3.5 l3ackfil.l. to Top_ of l'ipc: ( I) Sce"Pipe 1•:rrrbedment i)et,1ils" on Plans This suction covers the backlill Frorn top ol'granulat fill to top ofpipc (b) 13ackfill as soon as possible to minimize the passibility of damage to joints an inconvenience to the public. (c) Material to be selected earth or,granular fill I»atcrial, free from sod, sticks, . roots, or rocks over one (I) inch size, to be unfrozen, and to be of proper moisture content,for specified compaction. Suitable material from t}aeproject excavation shall be brought in from elsewhere on the work where required. ((I) Place alongside pipe in loose layers of six (6) inch maximum thickness, tborouc;hly compacting cacti layer. •fake special care to place and compact material around the pipe so as to Ilavu no voids and to provide;11110,61.111 lateral support fior the pipe. Brine; rru►terials up unifcrrnlly an both sides ol' pipe, taking special care with col'IUg Iced 11101,11 pipe (5) The material shall be compacted to the same density as required for backlit) above top of'pipe. TS-2.3.6 13ackfill Above Toj2 �f jjjc: General: 13ackfill from top of pipe to original surface or to sub-grade where pavement is to be placed is covered by this section. (2) Materials: i. Material for backfill above top of pipe shall be the same as for backfrll below top of pipe as specified in subparagraph TS-23.5 (c), except that small sticks ' and roots less than one-half('/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 f-o n 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- a expCIIse, 2. Rock larl;cr than one ( I ) incl, sh;Ill not be place(! within three (3) inches of pipe. Kock larger (11;11+ eight (K) inches shall not he placed within two (2) feet of the top ol'pipe NO rack lar1,cr than two (2) inches may be placed ill the upper six (0) inches under pavenlcnt srlb-),rack. N,o rock nr+y be placed in the upper lW(- C• ( I ?.) III dICs I&IIC II Ch C', t I I I m I PO I ):Iit"s I,--I m earth area:;. I ,a1+tc• stmics nut` be I,laced in the rclnaincicr o,f tilt' backfill only if' well sc11:11 tci1 anol ,III:uIpcd that no 110C•1kIcncc with the specified backfi!I will (:;) fvlclltuils: I . N1( lux( of' backfill used shall not irnposc (xcc:;sivc concenlralcd or unbalanced loads, shock, or- impact on, or cause displacement of the pipe. • The backfill shall be slowly rolled dawn a slope at the end oi'thc trench and shall riot be pushed over the side ol'the trench. 2 Consolidated material \veighint; nlc)re.than 011C hundred(1 Uu)poun(Is shall riot he pernuttcd to 1;111 I11orc than three (3) Fcet into the trench unless crlshioned by at (cast lhrce (3) fcct ut'backlill over top of•pipe (4) (,o1.111)"I,C.tiC-n' I . I lack fill._under_pxyCIIICIit shall he defined as being under all areas to be paved or surfaced 661. vehicular access, except those to be surfaced with crushed stone The lir11iting line Rlr such backfill shall extend Crony sub-f;racle at twelve ' (12) inches beyond edge of'pavenlent or hack ofcurb, downward on a slope riot steeper• than one (I) to one (1) In areas so defined, backfill shall be riot less than ninety-five (95) percent ofSlandard Density. ' 4. Backfill,i_ll Othei-/1r-cn_s- In areas not defined in Item I above, backfill Shall be riot less than ninety (90) percent ol'Standard Density, ' 3. The engineer may cause field density tests to be made whenever deemed necessary. The specified density will he the Mininuull allowed and the attainment thereof will be entirely the contractor's responsibility, Obvious voids will not be permitted, 4. 'Thickness of backfill la ers will be determined b the coordination of test ' Y Y results with field perlbi-mance and equipmellt used. The contractor will be expected to maintain established procedures except where unusual conditions r arise. -10- 'I'`i-2.3.'7 1_tttitall�►t,ic�r1_o1'I?iI)c in f�.ilihankmc�nt (i) 1f embankment is made,prim- to plaCifl pipe excavate trench, place pipe 11rtd hadfill, in ;wco rdallce will, 111(' Sper.ifications hcr'cin (2) WC111hanknlew is ncldc aficr i)L;(rin)" pipe cu1111)a(-t slid);ulkrnent to wp of'pil)e on both sides of'pil)c fora dP)1;1n(:.e (,f';,t least five (S) pipe cliamelels each side c)f Pipe I'S-2.3 X Piotec.tlml (If'Pilw ,'mill I k.my hInilnnent Pl()Vldc t(-nipmm ,, I'll) III at leant Iw() (2') lcct o)vcr toll (&Dille cXtc•ndinto, :it Ir;, ,t five (?) I)iI)C dI ill)Wtcts cacti sick, or f,re;lIer Protection, as required to pfOlC(:t plI)C froth 11CMly C(IMI)mcrlt, 1)Mlllge to the pipe resultinf; from excessive cduipnlrnt loads shall he satislact(irily repaired by the Contractor at his sc)lc expense. TS-2.3.9 Excavation Aliea<ifc�r_1,Ocati��t).cff'(:)i)stru�_ti��rs : ' ( I ) l:x(:el)t where otherwise chrec:tcd, CXC,' virte at Icast oar htill(I :d fitly (150) lest ahead ol'pipe layinu in order to uncover any po)ssihle obstnrctions in the way OI, laying the I'ipe II' slic:h ()hStluc•tiuns are encountered notify the l:rlp'llicer immediately s(. th;(t 1 11CU(Icd changr 11MY he considrlccl and effected. (2) Changes from flan:;play hr 111adc only on the direction ufthe Engineer. Such chanf;es nuly include changes in line, grade, pipe sire or type, additional or less mitering;, nrulholes, etc: Such changes play involve un,1116 IMMI nu)viDg of'urldcrground utility lines. Refer to Article GP-7 regarding protection and moving ofutilities and other obstructions, (4 j The Coll tractor will be paid for the actual 11111rnrnt of Proposal Items authorized (within the pay limit;; established) and performed by him. He will not be paid for unused rlUlterlals left over or for delays arising; from encountering obstructions. rs-2,3. 10 Maxin)lrm lei) Ill offrellellills, allowed_alic�ad ofPiI)ciHying;shall be one city block or four hundred (400) feet, whichever is shorter. TS-2.4 Excavation and Backfill foi- Structures: TS-2.4. 1 The term "structures". as lrsc(l in this Article, means inlets, manholes and all other structures, )log lrlehldlllg I)rpC. -II- 1 l S.;' 1 :� �lis otni I Ii}�hw;+y Slxcitication• 5cction %(►t. sh.III I�,ovcl►t c,xc;n'atioII and hifckfiII Ii)I stluc.tures exc'c�pt that the plovi';ions I'm nleasurc'nlcnl and payment thefcin shall not apply and cx( c11i cl`, Irn)diticd in the (*()I III of additions, deletions and substitutions in Ihis AIIl 'Ir WIfvIca I IV halt ol•lvtisso If i I (iI�llway SI)cciIic•aIIoits Section 206 is so rllotlilie(I, the' undlICICd provision,, :,h;lll wil Inl in ('fli.ct thr III-Inv;l"; Spccil canon', �cc.lion ;'1►rt '.t'k twil till \ll';:' m(.111t'111 mid �)1 P&,111t'Itl '1`S-2.41 4 Crushed. Stolle, as specified in pal ap'l;lph I S :'. .4 ; (c), shall he ir►stallcd v livlc' Wtlllircil by the stipu{atinlls of lhc' Nllssotui I lighway Specifications Article 200.3. ('leis Ic'c1tnl11rttrnt shall idyl, to ;,II stlo(tulc' ; a:, (I('tim'd fit palal",raph 'l'S-: '1 Stabilization II late lI'll ol(lei ccl by the I',IIgiIICCI will Ile ))aid 161- in ac;corclauce with I C stipulations of Articles 'I'S-2.5 and 'I•S-2.0. f lowevcr, paynlerit will not be made tar stabilization material used for contractor's convt'nicnce in controlling drainage, in fine L raclink�„ of its Inati' he Ieyliled 111 stahiliz.e strllrttlse hotlunts ntacle' unstable thl'o(ItJ!It CI)Ittl;ll'llll' .`� (IISt1.IIhilllc't' llll.'rt'l,f (,1 ('xC(.'titil\'l` 11';11111)1111! Illl'ICl)fl li;lckfill I'm stll.lcl(w.•s shAl t,c, in acct-fd;mcc \\ith 1111.' ;II1j)1W;Ihl(' W(Il ICI)WIlk of 'I'S-2,`, Nlrlh(,.d ol'�'1c;t;ul�ntrnt 'I'S-2 5. 1 alld_('ontpacicd �':Itlhatlkll;(.`Ilt. {I) The excavation and compacted cmb1 .utkmen( iterll 511,tll be hid on a ((1111 11 suns hasis. The work shall lie per(ilrnu'd ill accordance with specificatiorls and in C(lllfal'lltallC(' 1�'Itll tll( Illteti, I;I'ades, thicknesses and typical Cross sections � Shown on Illr plans (2) No nt(!as(Irrnl('nt fi,r paynlcnl will hc nl,ule fi,r any of th(, 1i11lowills 1. I',xCQVatioI1 161' structures, or I)il)CI; I);.rylIICIIt will be included in cost uh hid item 161. each. ' ?. No measurenwill of borro%v excavation will be made. All costs ofsupplyilig borrow material to the Project site shall be, included ill the hid price lot- excavation and Compacted et)lballl lllellt, -12- I'S 2,0 Basis of 111aynlerit "1'S-2 6 1 Excavation and Compacted I"rrlba Ilk mcrlt, will he paid 161. at the contract unit price -I'S-3 UI,I-.ANtI1' The culltractor shall rerllove lima► the (w.-Il l 's and from all public al -I private property, at his own cxpcnsc, all tenlperraly slr(ICI III es, rubbish, excess crcavallon and waste nr►terial rc:;ullinL�, horn his operations All material 1,011 lid iO he urisatislivaory filr back fill shall he rellim,ed al the contra tor 's expense All existing sold arras shall be hand rc►l;c•(I to earth (ICIMSIMI (,n M in them duriut� construction. All ditches shall he graded and properly SI()prd i'.xccss exeav;►Icd Irlater ial Shull be rcntcsved from ditches. Shoulders where sodding, seeding; or surfacing; is riot required shall be bladed and shaped, The ilroject area shall be kept at all times nS neat and clean as possible. Debris fironl construction OIIer;ltions shall he rcrllovcd tidal the Site IS S(lon as eorlstruc;tion isconllllcted in a k,c►I area. Dill piles shall be ren►oved and the alca knish graded as noun as possible after Construction of"I given section of*the l reject is completc(I. In no instance shall dirt piles or debris be alloyed to remaill on lawn area's lorlrl ('nuug!,h to damage. g rowilly, Sod, "I'S-4 PI111 S!? VI IZ CONSTRUCTION RU(_TION TS-4, i General: This work shall include the construction of all pipe sewer~ 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 specilicatiolm I'S-4•2 Reilllol;ced.C'unc.retePin Storm sewers: 'I'S-X1.2, 1 General, This section covers the materials and construction of'reillforced concrete pipe storm sewers, Other types of'pipe and all appurtenant structure are covered in other sections of these specifications. TS-4.2.2 Matcrial,- All reinforced concrete pipe shall conform to the requirements of'ASTM C- 76-62T, Class 111, Wall R. Pipe joints shall be tongue and groove or bell and spigot ' tYglc. Pipe for use on the project shall appear neat and well made. It shall be free of'cracks, broken places, and obvious manufacturing; defects. -13- All pipe shall he stamped on the inside will) its clan, before dclivcry to fhejob site. `I'SA,2 3 Pipe baying Pipe shall be cmdully h,tncllcd by sling or othc► rt)ctu)s to protccI it lion) darmgc. Particlilnl care sh<d) be taken to avoid any Irce 1(111 or shock to tits }ripe Pipe shall be cvclillly placed on the prepaled hedding rnatci ial and joinled as specified below. Pipe shall he ,,lid true to both line and }tract(. and ~hall produce a slrai};ht line bet%V(.el) stluclules C%XCI)t wbcic oihcl than straight alis�,nnnnl is required m allowed L,ti, the plans �1'llrlc col%C, aI(• ICquiicd III, v nr;l� 1w Ir.,,mllli ,Ilyd 1)" Ibc• fid1mvim, IllelbmI!, (.I ) 1CHIC curve is slight or ifthe radius OCOW delve is very Tong, curving play be accon)plitihecl by de(lectinu (.,tell pipe joint 'in the curved section equally to liwill a smooth u111161l►I edlrve. in no case SINIII any pipe joint be dcllectecl to the extent that the nrlxirlttun operlilig oCthC joir)t Cxcecds ortc hall'the joint depth (one 11,111 t)1C depth of'tile Socket). (2) Shoo radius bends shall be accomplished thioui4h the use ol' filclory made Initered pipe sections. These sections shall be l'ibricated specifically Col. a )oven curve and, when properl y assenillled, shall produce a unifilrnl curve (consistl%, of a u•Iies ol'short rh(,rcls) 01'I11c spcciliccl radius Pipe shall be placed in accordance with tilt nlanulactoler's rceon)mendatiorls and the details given on the plans All pipe laying shall hes in at the lowest point on the sewer proceed to file Iligher parts. TS-4.2.4 Jointing: Pipe jointifiv shall be as specified in Section 720.3 of"'Missouri Standard Specifications Ior I lrg;hway Construction", cxccpt as IOlI0%V5' (i) Cement or tar joints other than "diaper"joints will not be permitted. (2) Pipe joint surfaces shall be clean prior to jointing. ' (3) Care shall be taken not to allow bedding Material or other deleterious platter to enter thejoint during, pipe laying orjointing. ' TS-4.2.5 Back. ill: i7ollowing.loi fit ing&u11lelent bedding material shall be placed and compacted along the sides of the pipe to hold it securCly In place during the backfill operation. ' See plans for bcciclin�; detaiis. Next, the trench to 12 inches above the top of the pipe shall be backfilled with layers ' Of carefully compacted select backfiill material This material shall be placed and compacted simultaneously on both sides of the pipe. Backfill above this joint shall be as specified "I'S-2. 2.6 I?i �c nncli��-rs Wherever storm sewer does not outlet into a paved chantrcl or other structure, pipe anchors will he required to connect all pipe joints in the 20 feet of i storm sewer prcr.edifig the outlet. This 20 Icel shall include the len}t.th of the end 1� section. FS-4 3 Corrugated Metal I'ile.and flip( Arch Stornr Slewcrs TS-4.3. 1 Suohc: This specification cover's corrugated metal pipe, pipe arch, and fillings which shall be furnished and installed complete, with connecting bards and other necessary appurtenances fir sewers and culverts. Wherever applicable' , the term "pipe" shall also include pipe arch, TS-4.3.2 jjag Where CM( is called for or allowed on the plans corrugated steel pipe as specified herein may be used. "CS-4.3,3 Materials. `I'5-1.3.3. 1 Metal .I',ip� .Lid___I'ihenrch shall be in accordance with AASIIO Designation M36 for riveted pipe and pipe arch. 1 Mically constructed Corrugated steel pip► which meets all other criteria of this section retry be used provided the corrugations of the ends of tide joints of pipe are made annular for tighter jointing. Unless otherwise specified or shown on plans, gages shall be as follows: Round 1?il�c G" through 24" diameter - 16 ga. 30" through 36" diameter - 14 ga. ' 42" through 54" diameter - 12 ga, 60" through 72" diameter - 10 ga. Pipe Arch 18" x l 1" through 25" x 16" - 16 ga, 29" x 18" through 36" x 22" - 14 ga, 43" x 27" through 65" x 40" - 12 ga. ' 72" x 44" - 10 ga. 79" x 49" - 10 ga. TS-4.3.4 Alignincnt and Grade: Corrugate(! metal pipe shall be aligned and graded in accordance with the requirements for reinforced concrete pipe. -15- r Whcrc flans ShOw glade cl)an}�c hctwccrl �.I►uc:t►rrc•!, Or Slischt ,III P'll en chailve to dviII ( hStrucIIOns, duIIcct pII)c and j Ii[Its Ovcr a distance aS [rgIIIIed, ,Ilia jOint'�have hcelt cOUplcd rind only to the UNIcrlt that joints will nut be Ovct-slressecl I.ay1110, I'ipc. I'ipc "hall he prOI(vICd I'mill koclid diSplaccrncnt by Ilwans cif• pipe r cnihcdnrcnl 11MIL'rria) iliStidled as I'i Il)c trench hackfill specification No i,ipe Shall he laid in walcr and nv) I)IIW Skill he laic! in I►nslliiAhlc wc;Itl)cr Or IICiiCll r cOnrlili��ns ` W)wll I'mot-d in !11(" II rn. h. Ill(. pipe �,h;Ill I'mrn a hire• ; id ",1111)(0111 l)nc• Pllrc Shall nut he lrlMnlc'd cXCCI)t (M closure•, and 1711w nut nI I}:Writ it P 4vtd fit shIll) he rcImwed I lnless otherwise approved hY Iba 1;ngincer, the layilly, of' pipe shall begin at the lOwc"I Imint and the pipe• shall he installccl �,o that the uulmdc lilp:, Of,circ•unllcrcntial joint." point upslrcan) and with longitudinal laps on the sides. TS-43.6 Coupling Pipe- Pipe ends shall be butted aS CIOSely IS the corru gatiOnS will c;rnlit then joillf0d with ,i firnll�' Milted coupling hand. Draw couplilill hands tight. Merely ti}.htcnin�; loons will not he adedlualc. Lubricate contact surlilces O1,coalec.l pipe and r hand.: will) Iild Oil or similar solvent •fop thr hands \vilh hcilvv wnOd(,.n or' rubber iu;dlc•I l )SC chain clinchinf, dlcvirr +ir slyd c ial ChIiiil)irl;; device il' rccluired for ti��hl conncctiun On larg,cr pipe FICI f coat COUplin�; bolls, nuts and rods witil l)iturlrinotls nctteritd after installation. 'i'S-4.3.7 I,ristallins, kild.Sections Prepare moist clayey soil bearing shaped to cnd section and place thereon. Join end section Io pipe:with coupling;hand. The toe plate shall be set in a lrench and back-filled with COnlparted moist clayey soil or driven t0 the required r ► Clevati011. TS-4,4. �1.e�iSUreI7>ent sznd„1'ayi>ielit TS-4.4.1 CNI1' ,Iticl_R(('1' l'ipc: Pipe will be pleasured per linear Blot ofcoillpleted pipe in place. Payment will be made at the unit price bid per linear foot f•clr the completed pipe in place. Payment shall include all costs of fiu•nishinp, and installing pipe including trenching, backfiffing ofpipe. TS-4,4.2 CMP and RCP End Sections: I:nd SCC(r0i1 will be 111CilStlrCil MS OIiC linit CaCh C0111plCte ill place. Payment will bC Made at the unit price bid kw each complete end section in place. Payment shall illCludC all costs for furnishing and installing end SCCli011 IllClliding , irenching, back-filling. -16- 1 TS-5 I)ItAINA<<l; ti'l lttf("f llltl;S 'I'S-5 I Scopc_ol'_ Wo-rk.: The work shall consist of fiirnishinf, all labor, materials, and equipment necessary to perl61 nt all uperations i n r.onnec:tic>n fit he constl uution of junction boxes, inlets and catch haSinS required liar the. (';oject in accordance with the '14 ions srcci and drawings Items not spe=cifically im-I)tioned, but necessary li)r completion of the work shall he considered as incidental to other items in the contract \latclIak 1. Concrete shall be Class"B" Portland Cement Concrete in acc•urdartce with the requirements of section TS-6 of these specifications 2. Reinforcing steel shall consist of deflovined bars of grade 40 steel conforming to the requirements of ASTM designation A615 or of'wire fabric conforming to ASTM designation A 185. ' 3 Expansion Joint Tillers shall be ofa non-extruding type conforming to ASTM designation 1)1751 and cut to the dimensions shown on the plans. I'S-5,.1 ):artltwo1-k.. TIIis section shall cover all neck:ssaI v cxc aV ttion and hack IiII required foI- construction of the various structures. All apl)lic it.)Ie portions of`Sectioil"I'S-2 shall apply to this work. PitrtiCUlitr'care shall be taken to protect existing underground utilities 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 f'or areas disturbed by such excavations. Structures shall be 11)unded on undisturbed subsoil, ifsubsoil is not firm, over-excavate and rcplacC with granular fill as required. Section TS-2.2 shall apply for subgrade stabilization under structures. I3ackfill requirements for each drainage sti-ircturc will be the same as that of the pipe ' to which it is connected. If more than one pipe is connected to the structure, the higher backfill requirement shall apply. ' Backfrll under curb transitions shall be to 95% of Standard Maximum Density. All excavations shall be kept drained until the 5trliCturc is constructed and backfilled. ' 'I'S-5.4 Construction Methods; fTS-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- r %vithslancl flit pressure oflhe c oncicte, tilt• effect of'vihr;Rion its the e:ollcwlc is plat ed and ;III olhcr leads incldcI11;ll In 11w cnnstltiction npemlimi" NvIllmtlt distortion or displac.Crllcnl I'hcy ',I1;111 he IImI Iar IlltlII ( I I I II I! hour 11si(1c Intl „utsidc surfaces will he recruited to pm-vent warpinst, shlinka��c, of swcllini1 I c,I nls sh.Ill he cc,rlstItIL—ml and dcslt(ned st, drat Iheir lumoval (an bC eflec;tccl without infuly t,, tilt• cone•rclC ;n)d s„ Ihal 17„rlil —; v,hclt• sulfa linishin}" is IecItIlle l may be Ic•nlo�c•cl �%Jtll tlt disttllhim" (Mills that ;uc IH Ie•ul•lin 11111, Chills, sawdust, trails and „thc•I folcl,tn Ill;lllcr ',h;111 1W Ic•nit,VC'd h,�iore ,Inv c„nclete is cluposOC(l therein I I,• 11)(1", ht It , ;,nd ;Ll,c h I,Ir.� , vItluti ilw Bella • :J;,;ll I,,• , „II:,III,k 11"d , , a.ti Io permit ' !He'll' WHIM dl In it depth ul ;lt 1c•,I•;t f iuc lic•', h„nl flit.• thee• t�."Itholll injury tc, the concrete. In Casu wire tics wore used, Ilpt,n removal of the 1'oI uls, all projecting wire ;ha11 he curt hack at least I, inch fic,nl 11u e ofall sue lilt t s Ihat will he r�;prlscd tr, view alter' the corllplelWit of tilt• wmk and 11wdi with the lit( t• o1'all conclele silllitces that will not be exposed to vices. All fittings li.lr metal tics shall he ofsucll (1CSign that, upon their removal, the cavities which are left will he ofthe smallest practical size, , TS-5.11 ? Inlet and(Outlet Pipe. Pipe or tilt piacccl in Ihcr concrete 161' inlet or outlet ConnCCttuns shall extend throut!h tile' Concletc wall:; he��ond the olltsidu strrl;ICCti of the walls a �1111wlvlll cllstance to allow IM- c„rlrtcc�tlt�nr, 'I he ptpc "I Ill' r,h;tll he placed ilu-out;h flit, 101111s and pouted III place• The Clids ofille pipe shall he 1111sh v,itil the inside w,111 of the struclille 'I'S-S.�l.a IZc�i.niclrccniCii_t: 1. !?l�iccl>ie►lt. Reinforcing hill;; shall he accurately placed as shown an the plans and shall be firmly and securely held in position in accordance with Concrete R611110roing Steel InstitrrtC "RCCommended Practice. file Placing Reinforcing Bat-S", and by uSlllj' Co licrete 111' metal chair's, Spacers, metal hangers, S(Ippol'tlllg wires and Other approved crevices of'sullicie.nt strength to resist crushing under filll 10,1(1 1 ORI chair!;, whiCll Cxtcnd to the surfacC of the concrete (except where shown on the plans) anal wooden supports, shall not be used. Placing bars ill layers elf Fresh concrete as Ilse work progresses and adjusting bars during the placing of'concrete will not be permitted. Before placing in the forms, all reinforcing steel shall be clCanC(I thoroughly ofmortar, oil, dirt, loose mill scale, loose or thick rust, and coatings ofany character that would ' destroy or reduce the bond. No concrete shall be deposited until the placing of the reinforcing steel has been inspected and approved, ? -S_pl inr . Sp ices O lrs shall he made only where shown on the plans or as -IS- approved, by the l:ny;inccr ��'hcrc 1), -s are spliced, they shall be lapped at (cast :30 (barn,tens, unless otherwise shown ern the plans Splicing shall be accomplished by placing; the hors in Contact with each ether ;rod wirirlp, them tollwther Weldim" of reild'Orcirry, steel oI cuttint; with a ("utting!, larch will not be permitted unle.is shccilically author►ied by the I'mijncer { Rending P.6111,61-cenlcnt Bends and hooks in hats shall be nnrdc in the manner ll►escril)cd in tlrc '•Manual of Stancla►d I'raciirc" ol` the Anlcrrcan Concrete institute. liars shall not be hcnl or straightened in a 111,11111c l. which will injure the material. Bars with kinks or.unspecified hend.s ";hall not he used 4. Welded Wire Fabric. Welded wire fabric shall be spliced not less than two meshes. .It shall be lifted carefully into its specified position after the concrete is placed brit still plastic. TS-5 41 4 ('i►ncrete I'4acc_oleo" Concrete construction shall be in acc()rclance with Section I'S-7. C'oncrelc shall be conveyed, deposited, and cculsolici<rtcd by ally method which will preclude the segregation or lass of ingredients. Chutes used in conweying concrete shall be sloped to per►llit concrete of the consistency required to 110W without segregatio►l. Where necessary to prevent segregation, chutes shall be provided with baf7le boards or a reversed section at the outlet. Where a sequence for placing, concrete is shown on the plans, no deviation will be permitted unless approved in writing, by the Engineer. Where concrete is to be deposited against hardened concrete at horizontal construction joints, placing operations shall begin by conveying a grout mixture through the placing system and equipment, and depositing the mixture on the joint. The grout mixture shall consist of a modification of the concrete specified to reduce the quantity of coarse aggregate in the mix larger than pca-gravel size to one-halfthe quantity specified. ' To avoid segregation, concrete shall be deposited as near to its final position as is practicable. The rise of vibrators for extensive shifting. 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 stnrcture. Concrete shall be placed in horizontal layers insofar as practical. Placing shall start at -19- the low point and proceed upt;raclC unless otherwise permitted by the F'IIlV llCer. Concrete shall be placed in a cont1+111mis operation bul ecn construction joints and shall he ternlini►ted with square ends t111d (cave) fol)s unless otherwisC shown (tin tilt plans C oliC.I.C(C shall not he permitted to fall more than six feet wlthoilt the use ofpipcs or trerrlics Pipes or tre�+ilies shill) he at !cast six inches in dianlctcl, c : the equivalent cross sectional ilrea filr reculli ttlar sections Cmicioc slid) nor he placed in holiionta! rllembers or sections until the concick: In the supportini.1, vertical Incillbers of sections has been cmI'm)Iiclatc(I itn(I ii 2--hocll I)c+iod hilt,elapsed 10 permit shrinka e to oc � lu Concrete shall be thoroughly vibrated in a nlilnrler that will encase the remlimrcement and inserts, fill the forms, ,tnd prc.uluce a surface or even texture flee ofrock pockets and cxccsSivc voids S1111Chrr'al 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 miens of high frequency internal vibrators or a type, size and number approved by the Engineer. The location, manner and duration of'tile application of the vihriltors shall be such as to st"Curc tmlxinrtnn consolidation of the concrete %vithout sepillsltioll of 1110 11101-tar illld COM'Se El 'gl ehilte, Wld without C lusin wiper of cement paste to (lush to the surface. Internal vibrators shall not be held against the fiornls or reinflorcing steel. he number of' vibrators employed shall be suflicicnt to Cclnsolidate the C011CretC within 15 minutes after it has been deposited in the forms. At least two vibrators in good operating condition shall be available at the site of the. structure in which more than 25 cubic yards Of COncretc is to be placed. TS-5.4.5 Joints: The work shall be SO prosecuted that Construction joints will occur at designated places shown on the plans unless otherwise authorized by the Engineer. The Contractor shall construct, in OnC ContinuOUS concrete placing operation,all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed. All COr1StrLlCtiOr1 jOintS having a keyed, stepped, or roughened surface shall be cleaned prior to placement of the adjacent concrete as directed by the Engineer. Expansion and contraction joints in concrete stllrctures shall be footled where shown ' on the plans. No reinforcement shall be extended through the joints, except where specifically noted or detailed on the plans. No direct payment will be made for furnishing arid placing asphaltic paint, pre-molded -20- OWN asphaltic filler, or Other types orioint separators. The Cost therefore shall he included in the price hid for the item of work of'which they arc a part. ' rS-5.4.6 (,old Weat.her_iteduircmcnts: Whenever file temperature of the surrounding air is below 40" F, or when the possibility exists that the temperature will hall below 40" F, within the 24 hour period after concrete operations, concrete placed in the formssltall ' have a tenlperalure ofbetween go" F aild loft" 1.-. All ckmcrele Shall he maintained at it telllperil(lrrC of 1101 less than 50" 1• Im at least 72 hOrl s m f1)r as much time its Is necessary to insure proper curillt; of the c011rrete. The horlSill , coverinc;, or other protection used ill eoiltlection With Ctll'illg Shall ITIM1111 ill IlaCC ilil(1 IntaCt at least 24 hours afic•1 the artificial heatilig is discontimiud No clel)e(1d('l C SINtIl he placed on Sall or other c-hetnicals for the prevention Of free/illy, ('ontraclor will he held responsible for any damage to concrete as a result of'cold weather operations. TS-5.4.7 Finish: fillet tops shall have fight broom finish. ('1111) tiansilions shall have broom finish. Contraction joints shall be cut where shown. Cut each 1 '/2 inches deep and finish with joint tool. TS-5.4.8 1 rlyerts: Inverts Shall be carefully constructed to maintain the Ili oper'velocities through the Structure, and in-no case shall the invert sections through the structure be greater Than (flat of the c)utgoirlg pipe. The shape of•the invert shall romlilrrll exactly to the lower half of`the pipe it connects, Use h,111,6r'cle template to Check invert shape and size while building. Girade on the invert shall Ile such that no water pockets are formed. Side branches shall be connected with as larg0 radius ofcurve as practicable. Inverts shall be constructed of concrete CO111101nlirlf; to they requirements of Section TS-G. Concrete tilling between the sewer invert and walls Of'strrrcture shall be flush with the top edges of the invert and shall slope up from the invert at the rate of three(3) inches per foot. Inverts shall be troweled smooth and clean. Where water problems require, use quick setting cement to aid ill construction of slllooth inverts. TS-5.4.9 Steps: When shown on the plans, Shall be solidly grouter} in place with full mortar encasement rS-5.5 Precast Concrete Inlets: rI. Precast concrete inlets shall be constructed in all respects in accordance with the Plans and Specifications except as provided in the following items of this subparagraph. 2. All applicable requirements of ASTM C-478 shall apply to i he manufacture of precast concrete inlets, -21- 3 The manufacturer ofprec:ast concrete inlets shall submit detailed drawings and specifications Ior the const►uctic,n of tiro hasic: precast urlitsand appurtenances to the Ens!inecr' and ()wncr Im prior approval n shop drawing for each inlet showing dimensions, elevations and shall be submitted to the 1 I?ngineer and Owner tier approval prior to nMuudacturirlg ol'the units. 1 Where dividins, w<Ills are used ur where Mill(II)IC precast units are used, the total net length Of' openillp, shall equal the length of inlet specified on the project plans ]ntl'rlllelhate wall operllIl,PS shtcll he enou;;h so as not to Causc loss lmkc 111011 rend nll1rlbcl ifi,mmihule opcnines, as�vell as opelilligs in walls shall be as required ici Imml ate easy access to all parts of the inlet, subject to the Engineer's approval. 5. The walis ofthe entire structure shall be set in I on dace concrete blocks prior to pouring concrete base slab. The base slab shall be reinforced in accordance with the project plans, and the bottom of the base slab 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 (6) inches above bottom or precast walls. 6. Mastic pipejoint compound shall be (l:ced in horirolltaljoints and where walls Of Illllltll)IC SCCtiOIIS jOlII, in order to form a reasonable watertight structure. 7. Where top slabs of Illnitiple sections johi, the joint shall be scaled with General Electric single component silicone, gray color, strictly in accordance with the manufacturer's recommendations. R. Top slabs cast separately from inlet walls shall be anchored against lateral movement with respect to walls by a steel dowel in each corner extending from the walls through holes in the slabs. The top slabs shall be set accurately to line, grade and slope and grouted securely in place. TS-5.6 Precast Concrete Manholes: ' TS-5.6. 1 Materials: Precast Concrete Manhole Icings. ASTM Designation C-478, except as indicated below: ' (1) Shell Thickness: Inside Diameter Shell of Manhole Thickness 41 - 011 -22- ' (2) Precast Flat_T_ons. Designed to withstand 11-20 wheel load plus 30% impact, AASITPO "Standard Specification for I lighway Bridge's" (3) Conical_"I"ops. Eccentric cone preterr'ed. (4) Manhole Steps. When shown on plans, shall be s«lidly cast in place or set with expandifIg grout (5) Shiprticnt to job not allowed until units have cured sufiiciently to prevent damage in handling. (6) Approval. Submit all details to Etl9inccr and Owner for approval prior to manufacturer. TS-5.6.2 Settinp.Precast Rin s: Rings may be set either on a previously poured, properly cured wbase slab or may be blocked in place with solid concrete blocks while the base slab is poured around the first ring. !Zings shall be set with the bells up. Butter bath bell and Spigot ends with pre-mixed sewer joint mastic compound, as approved by the Engineer, and set the next section in place. Wipe joint smooth on the inside and fill all joints inside and out. Watertight joints will be required. Where precast manholes are constructed in existing or proposed streets, 3 courses of brick shall be placed between the precast cone and the casting. TS-6 CONCRETE: TS-6.1 General: TS-6.1.1 Descrl -iron of Work Included: All concrete required on the project except recast p 1 P J 1 P material. TS-6.1.2 L ja I ily Control: ' TS-6.1.2.1 Superoision: 2. Provide full tim6 superintendent on the project who is qualified and ' experienced in concrete construction. Superintendent shall direct all work in connection with concrete construction. -23- 3 l"inishers shall be jollrneynlen c"onrrct(.�. finishers experienced in conerCtc finish wo►l: 4 TS-6. 1.2.2 Submittals: Contractor- shall stilmlit panic and location of transit prix company for approval alum with Complete (1;11;1 on guadation and durability of aggregate, nix, additives and cement. '1•S-6. 1.3 1'rc�cl.ut 1larul_ling. 'TI-ansit Nlix Concrete shall he handled and preserved in its "hatched" proportion during; transportation. INlixin�i, 11111C shall nett exceed •15 minutes and excess water shat] not be added, Concrete improperly cared 1M or prised in flit, truck longer- than 45 minutes shall be disposed ofaway from the project. TS-6.1.3,2 Defective Concrete: Dama ged or deliective concrete shall he re wired o.r relboved and replaced immediately as directed by the Engineer, TS-6.2 Materials: TS-6.2. 1 General: 1. All concrete used in the project shall be lm-nished by a rCpLttirble permanent concrete plant Lrsing transit mix trucks. The plant shall be located within a reasonable distance from the project so travel time is 30 minutes or less. Supplier shall have adequate bins that weigh material by approved scale system. The supplier shall have an adequate number of modern trucks to insure delivery of concrete as required for placing schedule. Supplier shall be subject to approval of the Engineer. 2. The contractor shall use whatever means necessary to insure concrete delivered to the project is properly batched with approved kinds and quantities of materials. 3, A copy of the delivery ticket for each load of concrete shall be provided the inspector as each truck rs unloaded. Delivery ticket shall include the following information: (1) Name of concrete company 1 } (2) Serial number of ticket (3) Date 1 (a) Number of truck (5) Name and location of job ' (6) Identification of concrete mix delivered (7) Volume of concrete in truck -24- (8) Time concrete was loaded (9) Amount of water added at plant TS-6.2.2 Cement: All cement shall be 'Type I Portland Cement conforming to ASTM C-150. All concrete for curb and gutter and concl etc pavement to include sidewalks and trail shall contain not less than 6.5 sacks cement her cubic yard. All other concrete shall contain not less than 5.8 sacks cement per cubic yard. 1'S-6.2.3 Fine Aggrej,atc: Dine aggrec;atc shall consist afnafural sand confOrmill to ASTM C- 3�. Sand shall be well graded, washed, clean sand front the Missouri {liver Class I or equal and shall conform to the }oHowing sieve analysis: Sieve Size_:_ Percent Passing 3/8 inch 100 No. 4 95-100 No. 20 40-75 No. 50 5-30 No. 100 0-10 Tile sand sllall not have more than 35% retained between ally two Consecutive sieve sires. Fineness rllodulus sha11 not be less than 2.5 nor more than 3. I.\ 1 The amount of deleterious substances in fate aggregate, each determined on independent samples complying with the grading requirements of Division 3, shall not exceed the following limits: Table 1. Limits for Deleterious Substances in Fine Aggregate fbr Concrete: Maxirnunl percent by Item "'eight of Total Sample 1 Clay Lunlps 0,25 Material Finer than No. 200 Sieve 2.00 Coal & Lignite 0,25 Sticks, Leaves & tOther Deleterious Material 0.25 Fine aggregate shall be free of injurious amounts of organic impurities. Except as llerein provided, aggregates subjected to ASTM test No. C40-56T for organic impurities and producing a color darker than the standard shall be rejected. ' Fine aggregate shall be fee of material that could react harmfully with alkalies in the cement. If such materials are present in injurious amounts, the fine aggregate shall be rejected, or shall be used with cement containing less than 0.6 percent alkali calculated -25- as sodium oxide or with the addition of a material tlrlt has been Shown to inhibit undue expansion due t0 the alkali-aggrglatc. reaction Except as provided above, fine aggregate sllbjc:cted to five cycics ol'the soundness test (A STN (''SS-59T), shaII show a loss, weighted iII accor(larlce with the grilding of ' a sample complying with the limit, 101IS set I'Mth ab()ve, 1101 gVC, cr than !U`%) when S(1d411)l SulfiltC 1S IISC(I (1r 15(/',i, when magnesium Is LISM '-6 4 Course. Aggregate Course shed Ile crushed limestone produced iron the ('allawa� liOrrlla60 11 0r t"(11Ia1 havin}, an cStillulted history ol•sound Inaterial and shall b}' tilt, 1:1fl i11CUI Furnish ';(MMIIICV; test Icsults li)l approval uf'source C'(ulrse 1i4grrc,att.' WM* C shall 1101 c0ntaip (�h��rt deposits Gradation Si_i eve Si_zu Percent_I'assing 1 %z inch 100 1 inch 95-100 '/z inch 25-60 No. 4 0_8 No. 10 0-a Satisfactory experience record shown Im durability, other wise pass soundness test ASTM CSS-5 cyCICS LISilIg n1at;nCSll1r11 SLI11(ate without splitting or losing more than 15% weight. ' Contractor shall arrange and pay For testing if adequate history rs not available, TS-6.2.5 Water: Water for mixing and CUI'ing Concrete shall be clean, and free fi-onl injurious ! amounts of sewage, oil, acid, alkali, salt or organic platter. Only potable water shall be used. 'fS-6.2.6 Concrete Mix: All concrete for the project shall conform to the design nlix listed in the table below. The concrete mix shall InCIIICIC an' ClltrainnIC11t not to exceed 7 ' percent air: Maximum aggregate size 1 inch Maximum water 250 Iblcy NAI/C weight ratio (max.) 0. 150 Cement -6,5 sacks per cubic yard for , curb ZC, gutter and pavement to include sidewalks and trail -5.8 sacks per cubic yard for III others -26- "I'hc contractor shall Cornish laboratory desipll mix Icrr the approved materials. Water rCdUClnf, and air entraining agents shall be subject to ingineer's approval, TS-6.3 ConstrLJC6 0n_Kcdi.iircn.i��r�ts. '1'S-6.3. 1 Preparation I'S-63. I I ticncr�tl: 2. C'fcan all iornas arul correct all find grsade danaagU' 3. Wet down all subgrades. , 4. Verify all needed equipment for placing concrete is on }nand: Vibrators, crane or pump, tremics, ilurires, finishing cquipmcnI. �. S. All keyways are to be in place. G. Dry up excavation if any water is present. 7.* Have cold weather equipment on hand if applicable. 8. Notify Engineer at least 24 hours in advance of placing concrete, f'S-6.3.2 Placing coflcrete: TS-6.3.2.1 General: 1. All concrete shall be placed in a manner and with adequate equipment which shall be subject to the Engineer's approval. Equipment for placing concrete shall include flumes, tremies, cranes or concrete pumps for placing concrete: hand tool and finishing equipment for manipulation as needed. 2. Concrete shall be placed in a logical sequence that will permit efficient operation, but shall provide structural continuity and strength required. Placing sequence shall be subject to general approval by the Engineer. 3. Flumes shall not be used at slopes flatter than 45 degrees. Concrete pumping equipment shall be designed for the purpose - shall be subject to approval by tthe Engineer. 4. Subgrade shall have been fine graded and moistened prior to placing concrete. Forms and keyways shall be carefully cleaned prior to placing concrete. Concrete shall be placed in locations not to exceed 12 feet apart. Placing shall be a continuous operation using a heavy duty vibrator, S. Tremies required for depth greater than 6 foot. -27- prepare temporary covers to protect f. Irt case of pending, irrcic.nlent weather, !' ! f !� Freshly placed and finished Surfaces frorll Sur(acc damage Protect For 12 110Ur'S. 7. I:nlbedded SCI-MIS May be used unless otherwise called for. Screeds shall be aCCUratCly Set and held in place by solid steel rods with mechanical clamps For attaching Screed. Wood Screed supports shall not be used. Screeds must he removed and voids filled while concrcle is plastic. S. Reduce coarse apy'revate in first lift above cold construction joint. Q. Keel) working; face of*cmiciele „alive and plastic 10 Avoid other vibrating. 11. Do not tumsport concrete in form with vibrator, 12. Place concrete uniformly at spacing not to exceed 10 feet. TS-63.2.2 Slu_i»p: I fold slump as low as possible to allow proper placement of` concrete. Maxin1unl Slump for curb, curh and 1_:),L1tt(r, and concrcle 1)avernent to include sidewalks and trail shall be 3 inches. :%If other concrete Shall have a 4 inch maximum S1111111). TS-6.3.2.3 Cold Weather Requirerrlents: 1. Do not place concrete on ice or frozen subgrade. 2. Do not place concrete at temperature below 20" F unless covered and heated. 3. When temperature is or• is forecast below X10°F, the following are required: l . Heat water - 150" F maxrrllu111 ' 2. Heat aggregate to frost free temperature. r crc. e re elated to the follo�t in schedule: ' 3. Temperature of con 't �; � � � �• g Air Temperature Concrete Temperature r 30 to 40 70 to 80 20 to 30 80 to 100 -28- 4. Cover, protect, and heat to 70" F air temperatures when heated concrete is required. 5. ('reserve and maintain moist curing conditions when heating 6. Admixtures f61' cold wcathcr prrrposcs arc nut approved. 'I'S-6.3,2.4 l lc�t_We at.li,cr, 1 . C'oncrele exposed to direct weather shall not Lac placed rrt tctnperattu'cs above IMY F. 2. Over, protect and cool work as required to maintain concrete below 100" F. ,rS-6.3.3 Finishing C ollcrctc: TS-6.3.3.1 Gcneral: 1, All slabs, walks and decks shall be sloped uniformly to drain to finish grade, and must drain completely. 2. Finish shall he of` specified texture and uniform in color and appearance. Approval of finish is required on first concrete placed. 3. All voids in slabs and 1101-iz011tal surfaces are to be filled during finishing operation. Voids in 1'orrns surfaces are to be repaired immediately at the time fornis are removed, 4. Avoid over-finishing, late lrmshing, re-watering, and other techniques that may cause "crazing". 5. Provide adequate manpower and ccluipmc►it for finishing prior to placing concrete. 6. Initiate curing process as soon as surface strength will permit. TS-6.33.2 I'ornled Surfaces 1✓x.)o ;eed to Vicw_; ' 1. Remove forms as soon as curing; and strength development permits. 2. Remove the cones where applicable and fill with sand cement grout. ' 3. Break off "fins 7rind as re aired for uniform appearance, , g q Ip -29- ' 11. Grind III form "off=set" where concrete will be visible a(lcr constructiorI is complete. 4 5. Chisel all loose material in"honcycontib" areas until only solid concrete exists. I'-ill void with grout. Curc 5 days. TS-6.:3.3.3 Paver,, !nt nil concrete shall he finished nxmolithically No "topping"or"plastering;" Sidewalks, pedestrian/hicycle trail, and curl ;tnd (.;utter shall receive a light broorrr finish Sec Sccticur "I")-K fire finish of Concrete street pavement TS-6.3 3 4 ('t.pislrucl,ieal. JoIiirrs All keyed and other corrmrucrionjoints shall he constructed as shown on the plans, Keyway required unless otherwise shown. TS-6.4 C'uriti1-1: TS-6.4.I General: I. All concrete is to be cured a minimum of S days after placing and finishing or 5 days after repairing. 2. Protect all concrete surfaces front damage dur'illg and after curing period. "1'S-6.4.2 1?orn3ed.Su rl aces: I . Forms are adequate if left in place 5 days. 2. Cover top with 6 mil Polyethylene sheet. 3. 11' forms are removed to "stone" finish or repair concrete, cover with polyethylene sheets. Anchor in place. TS-6.4.3 Walks.Curb and Gutter. Pcdcstrian/bicycle Trail and Pavement: 1. Spray liquid membrane (ASTNI - "Standard Specifications for Liquid Membrane- Forming C:oml)Orruis for Curing Concrete", Designation C-309, current edition). 2, Follow manufacturer's directions for sprayed liquid membrane. 3. Protect surface from damage, TS-6.5 Defective Work: TS-6.5.1 General: -30- 1. l)cicctive concrete work shall he removed and replaced itIltllediately. 2. Work built ot.ltSi(IC tolerances Shall he considered defective. 3. Concrete ofinadetluate streng,til of haVIlig surface conditions indicating poor dcuahilily such as crw.ing, severe "nap c►ackin" -Tumbling, or other evidence shall be considered clefcclive, rl. higineer shall be notified inulnediatuly when such Conditions become apparent, TS-6.5.2 �ZCpairim, I Rep<liring ofnlino►• faults such as small "honeycomb" areas and voids may be patcliccl. Repairs shall be made as described in TS-6.:3.3.2 above. 2. Cure patched areas 5 days. TS-6.6 Joints: I Joints shall be constructed as shown on the plats. Unless shown on the plans, joints shall not he constructed unless approved by the l3tigincer. %Vherewater stop is specilied in joint, water stop shall be Securely fixed in place to prevent voids or "foldover" cif water stop. Vibrate around water stop to insure watertight seal with no voids. e 2. All CollStrllCtlQn JOilltS shall be made with canted 2x4 at least 2 ��z inches front wall face. All construction joint contact surfaces shall be finished with wood Gloat finish. ' 3. All horizontal construction joints shall incorporate 2x4 in keyway. Finish surface of joints with wood float. 4. 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 a maximum distance of 12 feet each way for concrete pavement. Contraction joints shall be at approximately 10 foot intervals. Joints in curb and gutter shall iine up with sawed joints in concrete pavement.. ' TS-7 ASPI-tALTIC CONCREIT TS-7.I General; This work shall consist of the construction of asphaltic concrete base, and -31- surface course as shnwn on the Irlar►s and specified herein TS-7.2 Stand"Ird Spc•cific_at.ion All work crl' this scctictn shill) be in icCcordanc:c with thC! rcfercnccd portions of"1V1issottri Stir,tdar(I Speciftatiorls for I li l)\Y ly C MIStrUcti011" 1()()9 f:clition published by tile, Missouri State 11101way and 'transportation Commission, except as modified here. TS-7 :S Asph-►Itic Concrete )lase TS. 7 3 I Subs:,racic r;h;tll Ire,: prepared us spcciiicd in SCCIIOIl TS-,' TS-7 3 7 MmI.-rial INl,ttumils sh,►II ccrnfi,rru to Stancl.ud Sl)L-CIficu(ic,n.. Scctiun .301 ,`. 'I'S-7 3.3 Mixture' '1•he nlix shall cortfornt to the requirements of Section :301.3 Asphalt cement content shall be in the rallge of, to 6 percent Marshall Properties Stability 1200 Min. flow 8 to 6 TS-7.3 3, 1 Section 301 3.2 shall he chan},,cd to read as follows: Prior to preparing arty of the mixture, on the project, the C'ontractcrr shall obtain, in the presence ol'the C?nginccr, representative samples of asphaltic cement and mineral aggregates far tests. The samples c:rf rttaterial shall be of the size designated by the Engineer and shall be submitted to an approved laboratc.try for testing. The (:'ontractor shall also submit for ' the I;.ngincer's approval, a job-ntix fiorntula for each mixture to be supplied fior the project. No mixture will be accepted for use until the job-ntix formula for the project is approved by the Engineer. The job-mix formula shall be within the muster range specified for the particular type ofasphaltic concrete, and shall include the type and sources ofatl materials, the braclations of the aggregates, the relative quantity of each ingredient, and shall state a definite percentage for each sieve fraction of aggregate e and for asphaltic content. No job-mix formula will be approved which does not pel•rttit, within the limits of'the master range, the full tolerances specified for asphalt cement and for material passing the No. 200 sieve. The job-mix formula approved for ' each mixture shall be in effect until modified in writing by the Engineer. When satisfactory results or other conditions make it necessary, or should a source of material be changed, a new job-mix formula may be required. The Engineer may ' make adjustments in thejob-ntix t(.)rmu)a in order that the mixture, meets established criteria ofthe Marshall ntix clesign. The maximum time a job-mix will be used will be two (2) construction seasons. , TS-7.3.3.2 Unlit Section 301.3.6, 301.3.7, 301,3,7. 1, and 301.4. TS-7.33. 3 Contnerrtal._Mtxture; A commercial mix may b e used if tpp r Duce, } th, Engineer, teer. , -3'2- To request approval of'a commercial mix, the Contractor shall submit to the Isngineer the proposed tllix proportions, sourres of materials, Marshall properties, and a list of projects on which it has been used. 'I'S-7.3 4 ('otistructic�rl, hequircnlents FS-7 3.4 1 W.C...ilt)lcr l_,ir.l�ii_t.atic-ns 1litunlim"Is mixtures shall not he placed (1) when either the air temperature or the tenlpciatlrte ofthe surface oil which the mixture is to he plrlced is helow 40" F. (except that base courses 3 inches or mole in thickness nlay be placed when the air tenlperatme is 35`' F.) (2) on any wet or fi'orcn surface, or' (3) when »-eathcr C(lnditloHS prevent thr proper IMIldhil , or finishint., of thr Mixttlw Mixture shall not be placed during inclement weather. TS-7.3.4.2 6shhllt 1'laiit.: The asphalt plant or plants shall rltect the requirements or Standard Specifications Section 301.(1. Plant calibration shall be the sole responsibility of the Contractor. TS-7,3.4.3 P►�chzrati���cif the Mixture: Preparation of the mixture shall be in accordance with applicable portions of Standard Specifications Section 404.6.2. 1 through 404.6.3. "Transportation o1'the mixture shall conform to Standard Specifications Section 301.8. An adequate number of trucks to provide constant supply of Mix 10 the laying machine shall be used. The location of'the plant shall be close enough to the project that excessive cooling; dons slot occur. The provisions of Standard Specifications 301 ,9 and 404.6.3 shall be met. TS-7.3.4.4 Spreading the Mixture: Asphaltic mixtures shall be spread in accordance with Standard Specifications Section 301.9 and 301.9.1. Allowance shall be made fbi- the slope of the outside edge so that the finished top dimensions match those shown on the plans. The curb and gutter shall be used as a grade reference IM the automatic screed control. TS-7.3.4.5 Compaction: Rolling shall begin as soon as practicable alter the spreading. The ' Contractor shall submit to the Engineer the rolling system he proposes to use or the compaction of the mixture. Rollers shall be in good condition, capable of operation without backlash. Steel wheel rollers shall be equipped with scrapers. All rollers shall have a functioning water system for moistening each roller or wheel. Base course shall be compacted to 95%oflaboratory density. Surface course shall be compacted to 99% of laboratory density. ' TS-7.4 As)haltic Concrete: This work shall consist ofas phaltic concrete surface course. -33- TS-7.4. 1 Materials.- Material shall conform to the applicable sections of Standard Specifications for Flighway Construction, Sections 401, 403, and TS=7.:3.3. I for Grade"C", Grade "D" and Type "C" except as modified hereto. TS-7.4.2. 1 Gradation M,IN Desired Max Desired Ciradation Limit Gradation Limit Gradation I'atising (.iradc,t' <;rttcie.(,' (;r�id dc l) "'I" sieve 10 0 1 rrrr 100 100 +/',° 80- 100 88 100 No. 4 40-65 52 00-90 70 No. 10 30-55 .40 35-65 45 No, 40 8-25 I8 10-30 20 No: 200 4-12 8 4-12 8 TS-7.4.2.1 Graclation ' NU'I'I : The gi-adations of the aggregates will be determined fi•orn samples taken from the hot bins. Pass 3/4-inch sieve 100 ' Pass 3/4-inch sieve, retained on '/: -inch sieve 0 3 Pass ''/2-inch sieve, returned 3/8-inch sieve 0 25 Pass 3/8-inch sieve, retained on 1`Jo. 4 sieve 20 45 Pass No. 4 sieve, retained on No, 10 sieve 7 20 Pass No. 10 sieve, retained on No. 40 sieve 7 20 Pass No. 40 sieve, retained on No. 80 sieve 5 20 Pass No. 80 sieve, retained on No, 200 sieve 3 18 ' Pass No. 200 sieve 4 10 Asphalt Cement 3.5 7 TS-7.4.2.2 AM[M-t c for Asl Baltic Concrete: Shall conform to the applicable sections of the Standard Specifications for I Iighway constnrction with the additional requirement that ' supplier- shall crush and stockpile 50% of the needed aj}proved aggregates prior to placement of any asphaltic base or pavement. TS-7,4.3 L'e nstrkicticq Rccltrircmpj ts: Construction requirements shall be specified in TS-7.3.4 as amended herein. '1"5-7,43. I Wt( ther LimitadO s: Weather limitations shall be as specified in TS-7.3.4. 1 except ' _- I P -34- 1 that no asphaltic concrete shall be placed when the temperature of the air or the surface on which the asphalt will be placed is less than 40° 1". TS-7.4.3.2 SP rem in Spreading ol'the rnixturC shall be in accordance with Sections TS-7.3.4,4 except that automatic screed control shall not be used on the suriacC source unless directed by the Engineer. TS-7.4.3.3 COrT1r11CCCliI?_,.MIX_1U1C: A conuucrci;d nrizturC may he a(lprclvcci fi,lr this work in accordance with TS-7.3.3.2. "I`S-7,5 '( r�c�;. C'c�al. A 'Lack Cmd will he rc•cluilccl MTY ;III U.Nistim" pavernunt t() hu ovcrlaicl and between each Jill of'lhe new asphahic concrete I)MVIllent unless. the prec.edinf;lift has been protected from all dirt and trallic since its placement. 'Pack Croat will be placed'after cluaning and preparing of' the surface is complete. Application rate will generally be 0.10 to 0. 15 gallon per square yard as directed'by the Engineer. Tack coat material shall be RC-70, SS-1 or SS-I 1 l unless otherwise approved by the Engineer. 'there will be no direct payment for tack coal. This work will be col siderecl subsidiary to the asphaltic ConcrCtC p%lVCnlCnt or IMSC. 7'5-7,6 Measurement andPaynlent: Wasurenlcnt will be Illacle fur' the various type of pavement as per the itenlized bid form. Where existing pavement is being overlaid, x will be for Base Leveling Course � I b payment g per ton and for Surface Course per square yard as shown on plans. Where all new pavement is to be constructed payment w' 1 , ( ay III be made per square,yard of full-depth base and surface Course per typical section. Payment will include all costs of cleaning; existing pavement or previously laid lifts and all costs of tack coat. TS-8 PORTLAND CEMENT CONCRB'1'E PAVEME: NT: TS-8,1 Portland Cement Concrete: The work shall conform to the referenced portions of "Missouri Standard Specifications" as modified herein, TS-8.1,1 Materials: Materials shall conform to Section 501.2 ofthe"Standard Specifications" as modified herein. Tinting; material as specified in Section 1056 will not be used. 501.2.2 Mix Design. -35- Delete Section 501.2.2. 1 and Section 50{.2.2.2. 501.2.2.3 Use Class A sand link' Mrx shall contain not less than 6 5 sacks (&cement per cubic yard. 501.2.4 Consistency DuICIC slump table and paragraph 501 .2 4. 1 1 told slump as low as p<,ssiblc to allow proper placement of concrete. Maxirnt1111 slump Cor pavement, sidewalks, pedestrian/bicycle trail, curb, or curb and gutter shall he 3". All Concrete shall be air entrained in accordance with Section 501 .7 including paragraphs 501.7. 1 tlu-ough 501.7_3. Air content shall be between 4% and 7`;%. All concrete for curb and,(gutter, sidewalks pedestrian/bicycle tram, and concrete pavement shall contain not less than 6.5 sacks cement per Cubic yard. Actual mix design shall be prepared and submitted by the Contractor to the Engineer for his approval. Submittal sha ll include sourc;c and properties of all 1 b r �o atc, sourcc of cctnent, proportions used, slump, air content and results of breaks of 5 test cylinders. Cylinders shall be broken as 161lows: 2 at 7 clays 3 at 28 days Prior to starting project, contractor shall obtain in the presence of the Engineer, e representative samples of cement, fine and course aggregates for test. The samples of material shall be of the size designated by the Engineer and shall be submitted to an approved laboratory for testing. The Contractor shall submit for the Engineer's approval each Job-Mix formula. The maximum time a Job-Mix will be used will be 2 construction seasons. Minimum compressive strength, based on ASTM designation C-39,C-31,and C-192, 2800 psi at 7 days and 4000 psi at 28 days laboratory cured, 13% less for job cured cylinders. ' Concrete may be either central mixed and delivered in approved trucks or may be truck mixed. ' Total elapsed time from time of combination of water and cement until all of that batch is placed shall not exceed one hour. ' -36- l'he use oi'C IICium chlcpridc will not be pen111tted other ad Ill itaures may be used only if approved by cite fins;ineer TS-8 2 f'c�rt(and_.,C�i�ten.t_ C'c�n.crca 1'ayeirtcnl. This work shall conf'ortll to "Standard Specifications" Section 30,1 and 502 and substitute tilt: following: TS-S.2. 1 Materials: Delete the last 5cntcnc:e of,+(•coon 502 2 anti substitutC the following: Contractor will con(i01-111 to the re uirenrents of the trecedin, section of these specifications. Delete Sections 301 3 1 and 304 •1 3 Delete Sections 502.3. ) and 5()2.3.2 Delete Sections 502.3.5, 502,10, and 502,3.7. Delete Section 502,3,9. Auxiliary. Equipment shall be available at all tintes as follows: 1) Two 'or more 10-foot straight edges of an approved type. Blades shall be replaced when edges bcconle wavy or warped. 2) Inlnlediately following the ntaclrine Iloating, and while the concrete is still plastic, the contractor shall test they pavement surface [or truenessby meansof a 10-foot str'aightedgc in contact with the concrete surfaCC pal-,I c to t1 1C pavement centerline, and drawing the straightedge lightly across the surface. Advance along the pavement shall be in successive stages of the more than one-half'the length of the straightedge. All variations shall be eliminated by filling;depressions with freshly mixed concrete or striking off projections, and the areas so corrected shall be consolidated and refinished by means of long- handled float. 3 Sufficient burly P� waterproo[' t per or elastic film i'or the protection of the pavement in case of rain or breakdown of curing equipment. 4) Joint Seal shall conform to Section 1057 of the 1999 Missouri Standard tSpecifications for Highway Construction. l-land placement and finishing as specified in ,Section 502. 10.9 will be permitted. TS-8.2.2 Construction Recluirernents: Delivery tickets shall be provided the inspector in accordance with Section TS-6.2.1 of this specification. -37- Section 502 rt • ('onditioltini; of llbgvado References to other sections shall be relclen.es to thclse `ieclImIs ils ,ntn•nded by these Specifications. I)cicir S;ec.lioll I;o2 7 and Ilaraiiiallh X02 7 1 1 hdc lc �;t•(•tltm :'I► ' t) and Ilillill!I'illlll', t► 1 and SI►-t Q 7 I land flrllShllili, v,-III Its' Ilt'ln11110d (In the Itlttjccl ,I►.'. Ie, ';hII I ttlnl l Ilr,llllelittll fill, lypt.. t)I cons I Oct ion will he allowed ors this Illttll't I I II.. pill., 1' 1(111 10 w., Irt Ilit1111t' ',Ile't t't',IIII!.!, paralirapllsasanlended helt'lll ',11.111 .111111% 1611.1cil,.t , Its t.tltt'1 ,t•t. title:; etl, the ivlissouri I lighway S;IIecllit'illll>n , ,h,lll It'It"1 111 thtl:,e• :,e•t lltln , il', Inlulilied hti' these specifications. 502 ICI 1 S III)Yj adv and Has(. I Mete all references to aggregate base for sidewalk t tln ,trllt lion ti1d1'I�,III ',11,111 hr plt cd (In emili mihpmde and the haver and check template shall ala() operille on the suhi"IfIl lc Pedestrian/bicycle trails shall be constrtrcle-d with all agp'lel"ilic ha e I)cleie S,,-ction `;t►:'. 17 and para},Iaphs ti02 17 1 thrntl.;h 502. 17.5. ( l c•, will 1110 ht• (11111cd (In Illis pw I ccl et 1 aired hl (lie FIl ;i lice r. This will t tlllly ht' tlttllt' 11 dttllht ,I', Its lilt' ilt 111.11 1111,'111(",`• cxl'•t'i Nornlillk etIvt- thiel:ne•:,', mll ht' ll•,ed a1, it IMIVII ('11CCk on Celnst•uctccl thickness. Ilavcntt•Ill Ihichne�••, WIII he• t unsldeled 10 he' :1e:;i}tn thickness TS-8.1:3 N;1e,Is111entent and Paynu•rlt ,ihilll he in acc'oldance with Sections 502. 18 and 502.19017 the Stanelald spec•ilicillions a.�, allied( •el by the I*IIlowinp, Ifcores are takers and the thickness ('rind III he deliclrnt tilt, provisions ol* .`IO2 19 1 through 502, 19.3 shall apply with the cxecptioll of Typc "A" cull) and ►;utter (see typical section Ior end delalls and 'hie Ines ,) which shall he nu'ar,tn eel on ill(- hiss's crl'linear tent constructed. I"Iyruent Shull Ills he e•IInIIn11cm,; IlII(IlI ,h re;iidentiid drive approaches and shall include the hool.in.v up III' e\i!,11n►! hollrit cllitills that now extend to the street. Mvilstuen►ent ofillf. 1r1.1:lle hale r,I111 se• c(Imple'te ill pl;icc will he made to the nearesi ' lineilr lirol TS-9 I,A_\V,N IkF1'.AIP, AN!I > `I"II'I)11`4 TS-9. 1 (J'co-tlll. All alcas disturhed its' the clnl",tuctitll► rihall he sveded or Sodded except 161. 17i1Ve1.1 rU'l.'il:i Siee IlliIII!, tell illeitN to ht,, ,'te111l1eel ' TS-9.2 1311je I'llss tiod littj;, Sod ".hill he philled in acc oldancc with the Billowing t'eiluir'ent�!nls. ' Sod shall be ol'Ihe hest duality and when place(!, shall be live fresh growing;grass with sufficient soil adheringt to the roots, Sod shall he procured I'ron1 "ueas where the soil Is f"01-tile and contains a 1111;h pcivenlilpe (11 lomny topsoil ill)() flOIll ;hells that i11 predomin..ltely bluegrass ;!fill rhal have been g,Iazed or 111mved suflic;iently to Born( a dense turf Source! of soil shrlll he apprOVCd by the f flginecr beli)re cutting; and harvesting. The sod shin) he tran,pl;►nII l within 2.1 hour'( horn (lit, (fill(' it Is hill vc:,led willess it Is stacked at its (lest imilI(m in a immoe► sitishlctory to the Flng;i►iee: 1111 sod in slacks shall be kept moist ;Intl pio tt!ctcd lion exposure t., lh(' wn and fills) lice:in}, In Im Cvcnt sh,►il ill()((' Ih;ln tin►' \�(' 'L t'I,lp luClwe(•n Oil' IM)'' !1I'r1111111 P ;uld pl,Inlin(' tIl'thl- sod. Befom placing; or depositing sod on areas to be sodded, all shaping; and dressing; of the areas shall have been CmIlpleted to Zile sa(isk(Ictioll ol'lhc; I?ng;ineer 'fop soil as specified in shaping; an dressing, commercial fertilize►, g iadc 12-24-2,1, shall he applied uniformly at a rate of'not less than 350 pounds per ar..re and harrowed lightly. Sodding shall follow immediately. After planting, the sod shall be watered and mowed as reduired until completion and acceptance (,W the entire work. No sodding; shall be clone during, the period from June, I to September 1 , utlless file pla11611" scasoll Is extended by Ihl' TS-9.3 Se ( ii : Alter shaping;, placing,1" ol'topsoil, and dressing; ol, meas to he Seeded Davv been approml by file 1:11g_7,inecr, !I co►nnlcl'c i,11 IC'rliliz(:I', g;radc 12-24-24, ~hall be applied at a rate ofnot less Ihan :350 pounds I-M' acle. The urea shall be prcpare(I to receive the seed mixture by using; a dice spiker or other suitable implenlc tw Seed shall then be spread at the specified rate by drill, by hand seedel, by brilliotl seeder, or by ' other approved seeders. Seeding; shall 110t be done durillg; windy weather, or when the ground is frozen, muddy, or Otherwise in a non-tillr.lble condition. An established grass cover shall be provided an all areas requiring;seeding;. Irrigtllion, mUlChinb, Illowirlg;, and any Other operation rtecessl►ry it) provide an acceptable grass cover shall be provided by the contractor at no additionill cost to the Owner. Seed shall be applied at the rate of'300 pounds pe.r acre. The seed sh<dl be conlpOsed of a mixture of'60% "Derby" Rye grass, 20°/I creeping; Icscue, and 20% BIUCgrass. Bluegrass may be either !tarn 1, 'Touchdown, or Glades. Seeded areas shall be mulched with straw at a rate (A' 1 .5 tons per ;acre. The contractor relay at his option and at no additional cost to file Owner, provide sod ' as specified herein in lieu of seeding in any or all areas re(li.(ired to be seeded. Protection and Repair: The seeded area shall be fine ol'traflic W,11 arty lime t)efc)re -39- acceptance becomes glrllled or Otherwise damaged, or the seeding has been damaged or destroyed, the affected portion shall be repaired to reestablish the specified condition prier to the acceptance ()Rile work. TS-9.4 Subm""ittals: TS-9.4. 1 The Contractor shall firrrrish certifications in triplicate fi"orn the Supplier or manufacturer 01'.SMIS, soda, lcrtiliiers and all other materials furnished in aceord"Inee With the rCCIIIIICIrIentS oftllis Section. The Certifications shall state that each Immerial supplied is in accordance with these Specifications and with specifically named state li)�Vs and rci;olations The certifications shall have attached inspection or test repmis ol,gmerning state at cllocs applicable to the lot or lots o&nurterial supplied TS-9.5 Method of Mcasurcnlent: TS-9.5.1 Defnition uliGrading Limit-: The term "grading limit" ,IS used in this Article, shall . mean any of*the following: (1) The location of a line determined by the interspection of the cut or fill slopes shown on the I'lans with the existing sr.rrfICC, plus allOWaI`1CC for rounding at Such irltcr-scction as shown on the Plans. I.)Urillg file course of the work the Engineer play direct that the grading limit be elsewhere than as determined by the }bregoing, and, in such case, file grayling limit will be at the location as directed by the Fligineer (2) For structures placed in Mavations and for pipes in trenches, live (5) feet 1 outside a vertical plane through the outermost SurfaceS of the neat lines of such StRICtures or of the pipes. TS-9.5.2 Seeding: Measurement will not be made of'the area seeded. TS-9.5.3 Soddin T: Mcasurcnlent will be made of the areas sodded (Slope meaSllrCIllerlt)to the ' nearest square yard. Mcasurcnlent will not be made beyond a line 2 feet outside the grading limit. TS-9.6 Basis o_f Payment: t TS-9,6. 1 Seedil,Sod Jin: The 11110unt of completed and accepted work, pleasured as provided shall be paid filr at the contract unit price bid, and at the contract unit price bid per square yard for sodding. ' TS-11 CRUSHED STONE DRIVEWAYS: TS-11. 1 Crushed stone driveways shall be constmcted in accordance with the details on the ' -40- lei Plans and with the requirements of Missouri Highway Specifications Section 304 for aggregate base course except that the provisions for lileasurenlent and payment therein shall not apply and except as modified in this section. TS-1 1.2 alt rcgatc_'i*ypr: Type I 1 1 3.3 The required thickness may he compared in one layer. iWILlircd density of compaction shall be not less than ninety (90) percent. TS-1 1.4 Where practicable, utilize,temporary sluOfacing material as sr.►bbaSC to imf)ro7vc stability ' clfcr'uslied stone drives and to reduce:' anlrwnt of added material rccluired TS-1 1..5 Crushed stone drives shall be carefully graded w drain ' S-1 i 6 MCaSUI'CilICIlt of CrllShed stone drives shall be to the ilearest I se,►lure Yard. rs I y TS-11.7 'Payment shall be at the unit price bid including all labor, equipment and materials to construct the driveway complete including subgrade preparation. . TS-12 13,17' RAP: TS-12, 1 Ge_ncrid. Pip rap shall be filrnished whwe provided on the !Tans or where otherwise directed. Rip rap shall be durable hillCStoi1C meeting the requirements of Missouri Highway Specifications Sections 611.31, 611.32 and 611.33 for Type 2 Rock Blanket, The minimum layer thickness shall be one and one-half(1 '/2) feet. The surface of rip rap shall be flush with the surrounding finished earth grade and grouted. TS-12.2 Inspection: The Contractor shall notify the Engineer of the source of rip rap prior to its delivery in time to permit its inspection. TS-12.3 Measurement and Payment: Rip Rap will be measured complete and in place to the nearest square yard of surface area (slope measurement). Payment at the unit price bid will be Rill compensation for all costs of excavation and furnishing and placing rip rap as shown on the plans and specified herein. TS-13 ROCK EXCAVATION: t ered ill two or more ledges, each ledge being more TS-13.1- General: Should rock be encountered b g �, 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 detail specifications.) TS-13.2 Use of Explosives: When explosives are used in the prosecution of work, the -41- Contractor shall use the utMost care to pro,vertt injury tO persons and property. All explosives shall be stored and used in a sale manner and in compliance with all cxisling statutes and ordinances and all places used for such storage shill be marked clearly"DANGEROUS IS U PL OS I V1:S". The Contractor shall warn all persons in the vicinity ofthe danger area when explosives are heing~used. The Contractor shall save the City and Its aLCcllls, officers, and employees harmless iroill ally clarrll growing out oi' the use Of such explosives RC111oVa1 of any item or material of any nature by blasting; shall be done in such nlcurner and at such (Ime as to avoid danlag{e ailectinu the integrity of the desi,pn and to avoid dar)lat;e to any new or existinbb structure; included in our• adjacent to the work. Unless file plans, special provisions, or the 1:11gineer restricts such operation, it shall he the Contractor's responsibility to+ determine a method ofoperatiun to insure the desired results and the irrtcyrity ol'the completed work. Blasting will not be permitted until a COIHNICtol' has obtained prior insurance and has obtained a permit from the City lire Department. 'I'S--13.3 Measurement and Paviilicnt Rock excavation shall be bid oil unit price per cubic yard and.fnal payment shall be based on field tlleasurement. Rock is defined as being sandstone, limestone, chest, granite, sillstone, quartritc, slate, shale, occurring in its natural undisturbed state, hard 1 and unweathered or similar material in masses more than 1 'iz cubic yard in volume, ill ledges six (G) inches or more in thickness TS-14 SANITARY SEWER ADJUS'I'Nlf,'N*FS: TS-14.1 AdjustinQ. and Rebuilding Manholes: TS-14.1.1 General: (1) Each existing storm or sanitary sewer manhole encountered within the grading limits, whether or riot shown oil the Plans, and which is to be leii 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 shall be properly reset and spaced. All new construction with brick shall be given a three-i'ourths (3/a) inch mortar coat on the outside. All new construction with brick or precast concrete shall be given one heavy coat oi'coal tar paint. (3) In areas to be paved or surfaced the work shall be accornplished and protected in such a manner as to not create a traffic hazard and to provide for proper construction and compaction of the sub-grade and pavement adjacent to the manhole. ' -42- (4) i'recautions shall be taken to drop no debris into the bottoms of manholes Aity debris so dropped shall be immediately re moved to prevent being washed down the sewer linc (5) The Contractor shall verify for himself the types ofconstruCtion ofthe existing tnanhulcs 1'S-14. 1.2 l,c wel-im, Manholes ( I ) Wherever possible, the ruanhole shrill be lowered without resetting or irebuildinL, the cone (this will he chissified as "Adjust NI"11111ole to (trade"), utiliring one or both of tile following ntcthoda . 1, Remove existing straight neck brick or precast concrete ring sections and lower existing cast iron ring and Cover 2. Remove existing cast iron ring and furnish and set shallow type cast iron ring, Type 3, as shown oil the Mans, (machined), or equivalent, designed to receive existing cover. (2) When the required lowering is greater than can be accomplished as specified in the aboti•e subparagraph, the work will be classified as"Rebuild Manhole.to Grade", which shall he accomplished by one ofIbe following, methods: 1 . Precast concrete shall be removed and reset, removing one or ntorc precast concrete rings below the cone, furnishing any necessary, shallow depth straight concrete rings below the cone or concrete or cast iron adjusting; rings above the cone. The existing cast iron ring and cover shall be reset, or, if necessary, a shallow type ring 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 be torn down and rebuilt with brick, using;eccentric or- concentric cone as required to meet clearance conditions, An eccentric cone is preferred. Taper on walls shall not be more than twelve (12) horizontal to forty (40) vertical. The existing cast iron ring and cover shall be reset, or, ifnecessary, a shallow type ring;shall be fin•nished as specified in Item 2 of subparagraph S-14. 1.2 (a) ofthe ' City's standard specifications. TS-14.1.3 Raisine Manholes: (I) Wherever possible, tine manhole shall be raised without resetting or rebuilding; the cone. This will be classified as "adjust Manhole to Grade". This shall be -43- accomplished by adding adjusting rims of'cast iron, precast concrete or brick; or an appropriate Ctllnbinaholl thereof; and resetting the existing cast iron ring and cover The nlaxinlu►n allowable height of'straiti;lltncck section, measured to top of cast iron ring, shall be twenty-one (2 1) inches unless other wise directed by the l:n4tiincer. (2) When the rcduired roisinj, is yreater than can be accomplished as specified in the above suhpar.tt"raph. the wmk will he classified as "Rebuild N'laillmle to Grade", which shall hc: accomplished by oil(, of'the following methods 1 PIUCW,r Conriete cure hall he rc-ul( ve(.l and reset, acidifiv one M mire ))IC('ast 011100c rings hclow the colic, furnishing an}' necessary concrctc o► cast iron acljusting rinks above the colic. l'he existing cast iron ring and cover shall be.reset. 2. Frick cones shall be torn down and rebuilt with brick, using eccentric or concentric cone as required to meet clearance conditions. An eccentric cone is preferred. Taper on walls shall not be more than twelve (12) horizontal to forty (40) vertical. The existing cast iron ring and cover shall be reset. TS-14 1 .4 The Contractor shall finni>'h all materials rccluirccl for adjustint, and rchuilding manholes. Suitable materials salvaged from existing manholes may be reused as needed, !}directed to repla(.e any cast iron item found to be unsuitable through rlo fault of tine Contractor, paynncnt IN- the materials only will be made in accordance with the provisions of Regulations ofthe Contract Article FC-21. TS-20 FIMING TS-20, 1. Removal and Re-settlng Fence: Wherever existing fences he within the construction limits or wherever shown on the plans, the Contractor shall remove and store the fencing during the construction of that portion of'the project that is in conflict with the fence. The Contractor shall talcs iare not to damage the fencing materials during this operation and shall be fully responsible for any damage to the fencing materials caUSCd by his operations. Any damaged materials shall be replaced by the Contractor and at his sole expense With new material equal to that from which the fence was constructed. 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- Prior to removing, any fence the Contractor shall contact the property owners so that they may tale necessary steps to confine any animal:;or children normally kept within the fence. it may be necessary fc►r the Contractor to erect t'emporar'y fencing during, the period between the actual Const►uctic►n and the. re-setting of the permanent fence. Wherever this is necessary So that the proper Iy owner can retain normal use Of'his yawl,•the Contractor shall provide and elect such temporary fencing at no cast to the Owner Removal and re-sating of lcncr wilt be paid fi►r at the unit price hid per linear foot TS-20.2 Tellipor(try Fericim, Wherever per mancni fencing that is used to Contain small children or animals must be removed to accornrnodate construction, the Contractor shall erect '1 temporary fencing suitable to perform the function of the permanent fence until the pern►ancrrt fcrtcc 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 C'ontractor's option, materials from the existing fence may he used for the temporary fencing;. I lowevcr, the Contractor will be fi►ify resrumsible lir►'restorintu the permanent fiance in condition at Fast ec,ual to that prior to construction. Temporary fencing will be subsidiary to the ether items of construction. TS-21 CERTIFICA1 S OF C.'OMPLiANCC;: TS-21.1 'General..-._.___...._._ --._. ___ 1. The Contractor shall submit, in triplicate, certificates of compliance from manufacturers, producers fabricators and suppliers ofitems to be incorporated ' in the work attesting; that all items and materials supplied in connection with the work confirm to the requirements of the Specifications, as provided in the vi HOLrS Sections Of these Specifications. e2. Whenever the items so certified deviate from the requirements of the Specifications, Plans and other Contract Documents, then the Contractor shall 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 Eng;ineer's approval of such certifications will not constitute ' approval of the deviations. 3. Said certificates may be accepted by the Owner and Engineer as adequate -45- evidence ell' compliance with the Contract Documents. I lowever, at its option, the Owner may test any or all or Said items flor compliance. If founcl to be in compliance with the Contract Documents, the cost ol'testing will he borne by the Owner, 1f found to be not in compliance, the Contractor shall pay for surh WS611LI,. TS-21.2 Reggireflient.s.Foi C ertt(ications, Sholl.Dr�awings,►n.d_Tesling: I. Specific rcr.luirernents I'm certifications, shop drawings and testing aregiven in the lilllowing suhparaj;raphs 2. Marlulactured ilL.tns, as 1,611 ws, Will require certificates ofconlpliancc, with shop drawings, catalog data or installation instructions where so indicated. I. Reinfilrcecl concrete pipe, fittings and specials. (Shop drawings required for all fittings and specials, including branch corlrlections,and riser manholes.) 2. Joint materials for reinforced concrete pipe. 3. Corrugated metal pipe and Lrllderdraln pipe, fittings rend specials(Shop draWillgS rcgLliNd ('of' Sa111e itC111S as in itcrrl 1 above). 4. DUCOle iron, cast iron, vitrified clay and copper pipe and fittings. 5, Brick and mortar. G. Precast concrete manholes and inlets. b 7. Reinforcing steel and welded wire fabric. . • 8. Metal work (Shop drawings required for fabricated items). 9. Iron castings. , 10. Seed. 11. Sod (considered as manufactured material for compliance purposes). ' 1ngincer shall be given the opportunity to inspect and field prior to delivery to project. ' 12, Fertilizer. 13. Retaining Walls Il. liht:rcicJth. 3. ]trick and sand products will W(11.11re CCrti1l(;atCS of COIllpliance, as follows: el Backfill It is rmognixed that, clue to mixing of types 01'materials found in City construction, it may sPilictimes lac difficult to correlate actual perfilrnlancc with test restlits 'I'hc 1ngineer inay make notations ofwaiver oil certain field moisture-density test reports when, in his judgillent, the Specification uquil-ements have been met on the basis ol'visual inspection and rthe test rcp�7,ts d�� Wert truly indic;alc the field condition. Ilowever, the Contracim will he hilly Iesponsih1C fi)r setticHICIlt ofbackfill a;, provided in Special Conditions Article S(,:-.;. 5. Concrete. The actual'nlix proportions shrill be determined by the Contractor, based on satisfactory experience with the proposed materials and MC,IB mix. Mix proportions, typical test reports and complete data on materials and plant, Supporting their acceptability under the Specifications, shall be submitted to the Engineer in. triplicate for rrr 1011,rence helow heg'i fill ilig concrete work 2. Acceptance of Concrete for strength shall be as stipulated in Article S.02 ofMCllt 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 MCI.B 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 SCHEDULE OF WORK -47- TS-22. 1 Gener:aI- Scheduling; shall provide !or the least practical inconvenience to IIle tr•avelin}; public and to residents along the project. TS-22.2 Submission and ('011currexOce: Before work is started, the Contractor shall prepare a detailed schedule of all construction operations that shall not only indicate the 1 sequence of the work but -,list) the tinge of starting and completion of each part. "f'lie schedule shall be submitted to the 1 nt;ineer 1M' his ct)ncurrerle:e TS-22.3 %Vintcr Shirt DOWW !fthc project is shut clown over a winter, the area shall he lefl in a safe., pass;tble, and accessihle Condition for the winter The Cont m.shall maintain traffic and access over the winter shutdown as provided in paragraph S-2'.; 2 The Contractor shall maintain the project over the winter SIrutdoWrl period in such Manner - that there will be no undue hardship or inconveniences to the neighborhood residents or traveling public Manholes and valve boxes projecting, above the base shall be ramped with temporary bitufninous 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 TRAFFfC AND ACCESS: TS-23. 1 General The Contractor shall conduct his work so as to interfere as little as possible With public travel, Whether vehicular or pedestrian. \Vhcnever it is ncCessary to cross, obstruct, or close roads, driveways and walks, whether public; or private, tile Contractor shall, at his own expense, provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of'public and private travel, and shall give reasonable notice to owners ol'private drives before interfering with them, provided, however, that such maintenance of traffic will not be required at any point where the Contractor has obtained permission from the owner and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at any designated point thereon and for the duration of whatever period of time as may be agreed upon. The Contractor will be required to make pro visi ons For o a mtain local traffic. e , will be expected to make reasonable effort to provide access to all drives whenever possible, and particularly when work is not in progress. He shall provide for emergency vehicle access to any point at all times. The Contractor shall present a work schedule and a plan for handling traffic for ' review before commencing any work. TS-23,2 When Work No.t In Progress: The work shall be cleaned up at the end of each ' working day, and temporary surfacing shall be placed such that access will be had to all driveways during the night, weekends, holidays, and other days when work is not ' in progress and when the stage of the work does not directly interfere with the drive. -4�- "The Eingincer, at his discretion, may grant short-term exceptions to this requireincnf.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 days when work is riot in progress. The Contractor will be responsihle, through this person, for nraking.suclr temporary repairs during said periods as may be needed to meet the requirements of paragraph S-23.2 of the City's Standard Spc;cifications, TS-23.4 The provisions of MU'TCD, fart VI, apply to this Contract. TS-24 "TI'MPORARY SL.IR ACiNIG �. Where required to provide access and when directed by the Engineer, the Contractor- shall provide temporary.srrrfacing either of'Crushed Stone for Temporary Surfacing;or oi'Asphaltic Concrete for Temporary Surfacing; as directed by.tfie 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 different gradation because of site conditions. Asphaltic concrete for temporary surfacing shall be Type 1 base as specified in Article 23, Payment R.or temporary surfacing shall be at the unit price bid per ton of material. Measurement will be on the basis of delivery tickets. T'S-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 oi- 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 by the responsibility of the Contractor- to protect all property lot corners and land ' 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 CLEANUP: TS-27. i 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 during the progress of the work. The Contractor shall, as directed by the Engineer, remove from all public and private property, at his own expense, all temporary structures, rubbish and waste materials resulting from his operation. TS-27.2 The Contractor shall open and clean all existing ditches and culverts within the right- of-Way and Casements, leaviIlg them free f-011I all excess mucl ur silt, drift, brush, or clebris of any kind prior to final acceptance. The Contractor shall clean up all dirt from paved surfaces, not allowing same to pack oil the r•nadwity of create a traffic nuisance. No direct payment will be made for work within the scope of this Article. 1'S 28 I fZAE`FIG SIGNS, STOP OI SIGNS, AND S fIZLf=1 SIGNS: ,C _y. . All existing traffic signs, stop signs and street signs in the way of the work shall be carefully removed by the Contractor in accordance with the requirements ofMCITCD. The required function of stop signs shall be preserved by the contractor whenever a street is open to traffic. All signs shall be re-installed following the construction. No separate payment will be made for this work. TS-29 DOWNSPOUT DRAINS: TS-29.1 General: This work shall include connecting existing downspout drains through and into the proposed curb, curb and gutter, or storm sewer facility. The location of some 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 ConrlCCting downspout drains through 1 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. -so- r TS-30 SUBSIDIARY ITEMS: There are small items of work specified herein or that are incidental to the other construction for which no bid items are given. These items and any item for which no bid item is given shall be considered subsidiary and their cost shall be included in the bid price of other related items of work. TS-31 CONCRETE GRAVITY BLOCK RETAINiNG WALL: TS-31. 1 [description. This work shall consist of the construction of interconnected rectangular concrete blocks as specified in the contract or as directed by the engineer. TS-31.2 Materials. The conrete blocks shall be pre-cast units, with a minimum 4,000 psi concrete strength at 28 days. The pre-cast unit shall have a minimum dimension as shown on the plans. The pre-cast unit shall have interlocking wings and a separate front and rear trough. TS-31.3 Construction Requirements. TS-31.4 The existing soil shall be excavated to the depth shown on the plans. Soft and yielding material shall be removed and back(illed with suitable material and thoroughly compacted. No measurement or payment will be made Ibr unsuitable material thus removed or for the required backfrll material. TS-31.5 The first course of pre-cast units shall be cast level arid true to grade in a Class B 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 backfrll. TS-31.6 The concrete gravity block retaining wall shall be backfrlled with I inch clean crushed rock. The crushed rock shall be placed one foot behind the retaining wall and in each trough of the pre-cast unit. The backfrll shall be compacted in place utilizing a vibratory compactor. The pre-cast units shall not exceed two courses high for backfrll placement and compaction. ' TS-31.7 Method of payment. The contract quantity of gravity block retaining wall shown on the plans shall be the basis of payment. The contract quantity shall include the backfill ' material and concrete toe wall. Final measurement will riot be made except for authorized changes during construction, or where appreciable errors are found in the contract quantity. The revision or corrections will be computed and added to or deducted from the contract quantity. -51- TS-30 SUBSIDIARY ITEMS: There are small iterns of work specified herein or that are incidental to the other construction for which no bid items are given. '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 of'other related items of work. TS-31 CONCRETE GRAVITY BLOCK Rl"I 'AINING WALL: TS-31. 1 Description. This work shall consist of'the construction of interconnected rectangular concrete blocks as specified in the contract or as directed by the engineer. TS-31.2 Materials. The conrete blocks shall be pre-cast units, with a minimum 4,000 psi concrete strength at 28 days. The pre-cast unit shall have a minimum dimension as shown on the plans. The pre-cast unit shall have interlocking wings and a separate ' front and rear trough. TS-31.3 Construction Requirements. TS-31.4 The existing soil shall be excavated to the depth shown on the plans. Soft and yielding material shall be removed and backfilled with suitable material and thoroughly compacted. No measurement or payment will be made for unsuitable material thus removed or for the required backfill material. TS-31.5 The first course of pre-cast units shall be cast level and true to grade in a Class B concrete footing designed by the 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-31.6 The concrete gravity block retaining wall shall be backf lled with 1 inch clean crushed rock. The crushed rock shall be placed one foot behind the retaining wall and in each trough of the pre-cast unit. The backfill shall be compacted in place utilizing a 1 vibratory compactor. The pre-cast units shall not exceed two courses high for back-fill placement and compaction. ' TS-31.7 Method of payment. The contract quantity of gravity block retaining wall shown on the plans shall be the basis of payment. The contract quantity shall include the backfill material and concrete toe wall. Final measurement will not be made except for authorized changes during construction, or where appreciable errors are found in the contract quantity. The revision or corrections will be computed and added to or ' deducted frorn the contract quantity. M C)'"IF Central District Missouri 1511 Missouri Boulevard P.O. Box 718 Department Jefferson City, MO 65102 (573) 751-3322 x (573) 522-1069 of Transportation Toil free 1886 ASK MoDOT Roger Schwartze, District Engineer www.modot.state.mo. us April 22, 2002 Patrick E. Sullivan, P.E. Director of Community Development 320 East McCarty St. Jefferson City, MO 65101 Dear Mr. Sullivan: This letter is in reference to )Project No. S TP-3100 (509), Phase I & II in the City of Jefferson. We concur in the award of this contract to Concrete Engineering, LLC for both Phase I & Phase II. The low bids were $120,369.10 and $162,401.48 respectively. Silver Eagle has been approved as the intended subcontractor to fulfill the DBE goal of 4.0% for Phase I and 7.40% for Phase II. The actual DBE percentages are 7.4 % and 6.60% respectively. ' The City of Jefferson must follow the Local Public Agency Manual (Section X and XI) and submit copies of the fully executed contract. The fully executed contract is used by MoDOT in preparing a formal agreement with FHWA which obligates federal participation in the contract amount, plus appropriate the amounts for preliminary engineering, utility adjustments, force account work, right of way, construction engineering, contingencies, etc. This agreement with FHWA must be completed before any reimbursement to the local agency for construction. A MoDOT district representative must approve the contract before the notice to proceed can be given. If you have any questions, please call meat (573) 751-7399. Sincerely, Dion Knipp 1 ' District Liaison Specialist Copies: Construction-5 Materials-5 ' Our mission Is to preserve and Improve Missouri's transportation system to enhance safety and encourage prosperity M(:>C)(D'F Central District Missouri 1511 Missouri Boulevard �� P.O. Box 7111 Department Jefferson City, MO 65102 (573) 751-3322 lax (573) 522-1050 of Transportation Toll free 1-888 ASK MoDOT Roger Schwartze, District Engineer www.modot.stato.mo. us e r May 6, 2002 [T;RE Patrick E. Sullivan, P.E. Director of Community Development 320 East McCarty St. Jefferson City, MO 65101 DEPARTMENT OF COMMUNITY DEVELOPMENT Dear Mr. Sullivan: This letter is in reference to Project No. ST1'-3100 (509), Phase I & ll in the City of Jefferson. ' The executed construction contract for both Phase I & II has been approved. You may now give the contractor notice to proceed. If you have any questions, please call inc at (573) 751-7399. 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 FINANCE DEPARTMENT PURCHASING DIVISION SUBJI C'I': Bid No. 2008 - Project No. STP-3100 (509) Phase 11, South School Pedestrian/13ike 'frail, Community Development. Opened March 19, 2002 BIDS RECEIVED: Concrete Engineering, LI.C, Jefferson City, MO $ 162,401.48 Duncan Concrete Construction, Lake Ozark, MU $ 197,l 85.81 *J C Industries, Inc.. Jefferson City, MO S 197,772.90 Stockman Construction Corp., Jefferson City, N40 $ 198,472.80 Don Schnieders Excavatint; Co., Jcflcrson City, MO $ 201,544.20 Muenks Brothers Construction, Loose Creck, MO $ 272,492.30 APAC Missouri, Columbia. MO $ 293,717.99 *Outside corporate city limits of City of.lefferson. FISCAL NOTT": 3501-9900-7350-4099-School Sidewalk Project 3501-9900-7350-4094 - Sidewalks 2001-2002 Budget $196,053.00 2001-2002 I3udget $ 44.824.00 Expended $ -0- Expended -0- Encumbered $ -0- Encumbered -0- Bid 2007 $ 120,369.10 Bid 2008 $ 44.824.00 Bid 2008 75.683.90 Balance $ -0- Balance $ -0- 3501-9900-7350-4095 - ADA Sidewalks 2001-2002 Budget $ 75,000.00 Expended $ -0- Encumbered $ -0- Bid 2008 . 41.893.58 Balance $33,106.42 PAST PERI'ORMANCE: This bidder has not been awarded work. for the City in the past; however, staff believes the bidder will complete the project as specified and bid. RECOMMENDATION; It is the recommendation of staff to award this project to the lowest responsible bidder, Concrete Fngineering, LLC of.lefferson City Missouri in the amoz1nt of$162,401.48. ATTACHMENTS SUI'PURTITIG DOCUMENTATION 'Cabulation of Bids, Dcpartni6ntal Recorrunendatioli Signature- u)Lx.tG>�. ---- purch sin gent Dire tor, n »unity Development J ' A :.. t i'. interoffice MEMORANDUM To: Terry Stephenson, Purchasing Agent From: Pat Sullivan, Director of Community Developmen , Date: March 22, 2002 Subject: South School Pedestrian/Bike Trail, Project No. 32044, Phase 2, Bid No. 2008 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 $162,401.48 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 accounts: Account No. Amount Available Amount Required 3501-9900-7350-4099 $75,683.90 $75,683.90 (2001 School Sidewalk Proj) 3501-9900-7350-4094 $44,824.00 $44,824.00 (Sidewalks) 3501-9900-7350-4095 $75,000.00 $41,893.58 (ADA Sidewalks) TOTAL $162,401.48 It is recommended and requested that funds in the amount of $44,824.00 from Account No. 3501-9900-7350-4094 and $41,893.58 from Account No. 3501-9900-7350-4095 be transferred to Account No. 3501-9900-73504099. cc: Rich Mays, City Administrator Marty Brose Pat Sullivan Jack Kramer Central File Jacob Careaga 0 0 C) 0 0 C) to 0 -1 C? 0 C5 0 or- 0 0n0' 0 C) C) N , 0 0 r.) 0 O C) c) �r N f-- 6 C) a 0 C) 0 N m 00 C7) — 0 0 CN 0 CZ) �2 0 N m co q 0 co 0 Lt) C) C--) C.) �r Qo C to Lol C4. 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