HomeMy Public PortalAboutORD09264 BILL NO. __Z j6 J
INTRODUCED BY COUNCILMEN
9DINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING
THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH
J. C . INDUSTRIES, INC .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS :
SECTION 1 . The Mayor and Clerk of the City are hereby
authorized and directed, for and in the name of the City, to
execute a written contract with J . C . Industries , Inc. for
the improvement of Stadium Boulevard (Hwy. 54 to Leslie Boule-
vard) for the sum of $334,865. 25 .
SECTION 2 . A copy of said contract is attached hereto.
SECTION 3. This ordinance shall take effect and be in
` force from and after its passage and approval.
Passed: Approved:
P side Council Mayo
Attest :
City Cler
i
D-1
1].1869
PART D - CONTRACT
STATE OF Missouri )
)ss l�
COUNTY OF Cole )
THIS AGREEMENT AND INDEN2E made and entered into this , the
�Qfh day of _���-�/ , 19 -Zz by and between
City of Jefferson , a municipal corporation of the third class of the
party of the first part , termed in this agreement and the t to e of MO
specifications as the "Owner" , and
J. C. Industries , Inc .
party of the second part , termed in this agreement and the
specifications as the "Contractor" .
WITNESSETH:
THAT, WHEREAS, the Owner has heretofore caused to be -renared
certain contrac-t documents comprising the Notice to Bidders ,
Instructions to Bidders, Proposal Form, Bond Forms , Contract For;, ,
Regulations of the Contract and the Specifications and Plans for
furnishing material and constructing improvement therein fully
described , and the Contractor did , on the dad c.f
197Q file with the Owner a Proposal
to furn-sh said materials and construct said improvements at the
terms therein fully stated and set forth; and
1d:iEREAS, the said contract documents and proposal accurately and
fully describe the terms and conditions upon which the Ccntracto:
is willing to furnish the material , construct the improvements ,
and pay not less than the "prevailing wages" called for by the
said specifications and in the manner and time of furnishing
and constructing same,
IT IS THEREFORE AGREED:
FIRST--That a copy of said contract documents and pror.o:al f°_1_d
as aforesaid are a part hereof and that the same do in all
particulars become the agreement and contract between ti-.e par' -°s
hereto in all matters and things set forth therein and descr_ce::;
that both parties hereby accept and agree to the terms and con-
ditions of said contract documents and proposal so filed; and
further that the part or parts of the proposal accepted and the
compensation therefor are as follows :
The complete proposal per bid in the estimated
amount of $334 ,865. 25
D-•2
111869
(MO . )
CONTRACT: (Continued )
SECOND--The Contract documents and proposal hereto annexed are
made a part of this agreement and contract as fully and absolutely
as if herein set out in haec verba.
THIRD--This Contract is executed in ten copies with distri-
bution as specified in the Regulations of the Contract .
'IN FAITH WHEREOF, Witness the hands and seals of both parties
on the day and year in this agreement first above written..
ATTEST: Owner.
By X,_
Title
Ap o as o o
Att ey for the Owner
AT'^'" T: Contractor JS % I DU ] IC/( JA(C
pp ov d asp t f m:
Attor y or t-hVCo n actor
If Contractor is not an individual , authority for signing
contract must be shown or attached.
I '
NAME AND AHItt11 t.`, OF ACd NC
Winter—Dent & Gb. COMPANIES AFFORDING COVERAGES
P.O. Box 1046
Jefferson City, Missouri 65102 1A,I� NY A United States Fidelity & Guaranty
COMPANY B
1 f 1111+
NA AND ADOPT SS Of INSURED _
COMPANY
J.C. Industries, Inc. I f T 1 117
P.O. Box 1264 COMPANY
Jefferson City, Missouri 65102 11 „FR
COMPANY C
LETTER L.
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time.
COMPANY POLICY Limits of Liability in Thousands
LETTER TYPI.Of INSURANCL POI ICY N11MBf.f1 EYPIRATION DATE EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
BODILY INJURY f $
A ®COMPREHENSIVE. DORM 1CC B 58889 5-26-79 500, 1,000,
®PREMISES-OPERATIONS PROPERTY DAMAGE $500, f 500,
�{
EXPLOSION AND COLLAPSE
HAZARD
®UNDERGROUND HAZARD
®PRODUCTS/COMPLETED
OPERATIONS HAZARD BODIL Y INJURY AND
®CONTRACTUAL INSURANCE PROPERTY DAMAGE f f
® BROAD FORM PROPERTY COMBINED
DAMAGE
® INDEPENDENT CONTRACTORS
❑ PERSONAL INJURY PERSONAL INJURY f
AUTOMOBILE LIABILITY BODILY INJURY f 500,
A ® 1CC B 58889 5-26-79 B DIE.PERSON)
COMPREHENSIVE FORM BODILY INJURY $ 1,000,
® OWNED (EACH ACCIDENT)
❑ HIRED PROPERT DAMAGE f 100
ElBODILY INJURY AND
NON-OWNED PROPERTY DAMAGE f
_ COMBINED
EXCESS LIABILITY
130DILY INJURY AND
❑
UMBRELLA FORM PROPERTY DAMAGE f f
❑ 01 HER I14ANUMBRELLA COMBINED
FORM
WORKERS'COMPENSATION STATUTORY
A and 1-70-3900-506850 5-26-79
EMPLOYERS'LIABILITY f 100 000 JACl/ACCIDENf1
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES
JOB: Stadium Boulevard
Project M3111 (501) .
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail _ 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CE RI If[CAI E 1101 DE R
DATE ISSUED. April 16, 1979
City of Jefferson City
240 East High Street
Jefferson City, Missouri 65101 AU1110f11ZED REPRESENTAT E
Winter-Dent & Co.
IACORD 25 IEd 11 771
PB-1
PERFORMANCE AND ONE YEAR GUARANTEE BOND
® KNOW ALL MEN BY THESE PRESENTS, that we , the undersigned
J. C. Industries, Inc: , Jefferson City, Missouri
, hereinafter referred to
as "Contractor" , and Insurance Company of North America
a Corporation organized under the laws of the State of Pennsylvania
and authorized to transact business in the
State of Missouri , as Surety, are held and firmly bound
unto the City of Jefferson, Missouri
hereinafter referred to as "Owner" in the penal sum of Three Hundred Thirty
Four Thousand Eight Hundred Sixty Five and 25/100---------------------
DOLLARS •
($ 334,865.25 ) , lawful money of the United States of America
® for the payment of which sum, well and truly to be made, we bind
ourselves and our heirs, executors , administrators , successors ,
and assigns , jointly and severally by these presents .
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden Contractor has , on the 17th day
of April ' 19 79 , entered into a written contract with
the aforesaid Owner for furnishing all materials , equipment , tools ,
superintendence, labor and other facilities and accessories , for
the construction of certain improvements as designated, defined and
described in the said Contract and the Conditions thereof, and in
accordance with the specifications and plans therefor; a copy of
said Contract being attached hereto and made a part hereof:
NOW THERE ORE, if the said Contractor shall and will , in all
particulars-, -well , duly and faithfully observe , perform and abide
by each. and •e-very covenant , condition , and part of the said Contract ,
.:-and the Conditions , Specifications , Plans , Prevailing Wage Law and
...o:ther •-Contract' Documents thereto attached or , by reference, made a
=p4r,t ih'ereof,- according to the true intent and meaning in each case ,
• ar4; if'.,5ai.d 'contractor shall replace all defective parts , material
an•d•.workmanship for a period of one year after acceptance by the
Owner, then this Obligation shall be and become null and void ; other-
wise it shall remain in full force and effect .
PWL-Mo-73
PB-2
PROVIDED FURTHER, that if the said Contractor fails to duly pay
for any labor, materials , sustenances , provisions, provender ,
gasoline , lubricating oils , fuel oils , greases , coal repairs ,
equipment and tools consumed or used in said work, groceries and
foodstuffs , and all insurance premiums , compensation liability,
and otherwise , or any other supplies or materials used or con-
sumed by such Contractor or his , their, or its subcontractors in
performance of the work contracted to be done , the Surety will
pay the same in any amount not exceeding the amount of this
Obligation, together with interest as provided by law:
PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change , extension of time , alteration ,
or addition to the terms of the contract , or the work to be performed
thereunder, or the specifications accompanying the same , shall in any
wise affect its obligation on this bond and it does hereby waive
notice of any change , extension of time , alteration, or addition to
the terms of the contract, or to the work, or to the specifications :
PROVIDED FURTHER, that if the said Contractor fails to pay the pre-
vailing 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 , specifica-
tions and conditions thereof, the Surety will pay the deficiency
and any penalty provided for by law which the contractor incurs by
reason of (his/its) act or omission, in any amount not exceeding the
amount of this obligation together with interest as provided by law:
IN TESTIMONY WHEREOF , the said Contractor has hereunto set his hand ,
and the said Surety has caused these presents to be executed in its
name , and its corporate seal to be hereunto affixed, by its atLorne -
in-fact duly authorized thereunto so to do , at Jefferson City, Missouryi
on this the 17th day of 1979
INSURANCE COMPANY OF NORTH AMERICA J.C. INDUSTRIES, INC.
SURETY COMPANY CONTRACIDR
By (SEAL) By �EAL)
By (SEAL)
(Attorney- in- act
By (SEAL) •
(State Representative)
(Accompany this bond with Attorney- in-Fact ' s authority from the Surety
Company certified to include the date of the bond. )
PWL-Mo-73
POWER OF ATTORNEY fs
INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents:
That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphla,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors'of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of
bonds,undertakings,recognizances,contracts and other writings in the nature thereof;
(1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident
Assistant Secretaries and Attorneys-in-Fact to so execute or attest to the execution of all such writings on behalf of.the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by
facsimile to any certificate of any such power,and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-laws of the
Company,and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint JAMES M. DENT and GLENDA A. FRY, both of the
City of Jefferson City, State of Missouri
each individually if there be more than one named,
® its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said ...................C,.AANIEL DRAKE................................ Vice-President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this ...........16th .................... day of ..........September.................... 19.7.7.............
INSURANCE COMPANY OF NORTH AMERICA
(SEAL) by................. .....DANI.EL DRAKE......................................
Vice-President
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this ................6th?.................... day of .........Sentr& r.............. A. D. 197.7............ before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came................................................
............... ...............................................C. ....QA.M.A FAKE................................... Vice-President of the INSURANCE
COMPANY OIF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
• direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written.
............................MAUREM.SC M.............................
co oq Notary Public.
commission expires August 13, 1979
h undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
ai OWER OF ATTORNEY, of which the foregoing is a full, tr a and tort py,,is in full force and effect.
tness whereof, I havye hereunto subscribed my n e as istant Secret a affixed the corporate seal
s Y v ration, this..............421�t.�................ day of ........... .... ...... .•,�............. 19... ...
• ••L. ........... .... ... ....
tit•/C 7/15 Prinud In u.S.A. ssistan e
� PF-I
77035
PROPOSAL FOR11
CITY OF JEFFERSON , MISSOURI
STADIUM BOULEVARI)
(llwy . S4 to Leslie Blvd . )
Federal Aid Urban Project M-3111 (501)
Name of Bidder c,je�'.
Address of Bidder oaD. "&X- /Z6 1t C.%rte_ iWrrovizi
To The
City of Jefferson, Missouri
240 East High
Jefferson City , Missouri
THE UNDERSIGNED BIDDER, having examined the Plans , Specifications ,
Regulations of the Contract , Special Conditions and other proposed
Contract Documents , and all addenda thereto ; and being acquainted witch
and fully understanding (a) the extent and character of the work covered
by this Proposal ; (b) the location , arrangement , and specified re-
quirements for the proposed work; (.c) the location, character, and
condition of existing streets , roads , highways , railroads , pavements ,
surfacings , walks , driveways , curbs , gutters , trees , sewers , utilities ,
drainage courses and structures , and other installations , both surface
and underground which may affect or be affected by the proposed work;
(d) the nature and extent of the excavations to be made , and the type ,
character and general condition of materials to be excavated; (e) the
necessary handling and rehandling of excavated materials ; (f) the
location and extent of necessary or probable dewatering requirements ;
(g) the difficulties and hazards to the work which might be caused by
storm and flood water ; (h) local conditions relative to labor, trans-
portation, hauling , and rail delivery facilities ; and (.i) all other
factors and conditions affecting or which may be affected by the work ,
HEREBY PROPOSED to furnish all required materials , supplies , equipment,
tools , and plant; to perform all necessary labor and supervision; and to
construct, install , erect , and complete all work stipulated in , required
by, and in accordance with , the proposed Contract Documents and the draw-
ings , Specifications, and other documents referred to therein (as
altered, amended, or modified by addenda) , in the manner and time pre-
scribed, and that he will accept in full payment sums determined by
Oapplying to the quantities of. the following items , the following unit
prices and/or any lump sum payments provided, plus or minus any special
payments and adjustments provided in the Specifications , and he under-
stands that the estimated quantities herein given are not guaranteed to
be the exact or total quantities required for the completion of the
work shown on the drawings and described in the Specifications , and that
increases or decreases may be made over or under the Contract estimated
quantities to provide for needs that are determined during progress of
the work and that prices bid shall apply to such increased or decreased
quantities as follows :
PF-2
' 37035 .'
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT UAQ NT• PRICE AM_ OU NT
1 .0 C:rushed &tone :for Sub" de .- 00
I i zat ion Ton 100 7 00 ADD,
2.0 Crushed Stone for Temporary
Surfacing Ton 100 /Q,00 / 000 , 00
3.0 Clearing, Grubbing E Demolition L.S.
2 QO 00 z.4 E300. 00
4.0 Compacted Embankment in Place C.Y. 6,014 3 35 r 90
201 14lo,
5.0 Pipe Underdrains (611) L.F. 100
6.0 12" Reinf. Conc. Pipe Class III L.F. 158.5
6.1 15" Reinf. Conc. Pipe Class III L.F. 487
/Z,.S0 � 0 87
6.2 18" Reinf. Conc. Pipe Class III L.F. 164
14 00 Z, Z 9�. 00
6.3 21" Reinf. Conc. Pipe Class III L.F. 40 0 0
20, 00 ADO,
6.4 24" Reinf. Conc. Pipe Class III L.F. 130
00
W6.5 36" Reinf. Conc. Pipe Class 111 L.F. 126 (0 6
7.0 8" Sewer or Drain Pipe L.F. 130
O 00
8.0 15" x 16 Ga. Corr. Metal Pipe L.F. 32
j2+so 400 00
•9.0 - 18" x 16 Ga. Corr. Metal Pipe L.F. 27
PF-3
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT UAQ NT• PRICE AMOUNT
10.0 36" Reinf. Cone. Pipe Miter Each 1 00
400,00 400.
11 .0 15" Reinf. Cone. Pipe
Branch Connection Each 1 ZSD,° 0-5-0, °�
12.0 15" Corr. Metal Pipe
Branch Connection Each 1 ZSO, o ZS-� 0 0
13.0 4' x 2.5' Curb Inlet (Type A) Each 2
00
13. 1 4' x 3' Curb Inlet (Type A) Each 13 / f�
Co�O 0° v ��Q ° 0
13.2 6' x 3' Curb Inlet (Type A) Each 1 n
9so 0 9�0. o 0
13.3 8' x 3' Curb Inlet (Type A) Each 2
14.0 Drop Inlet (Modified Type B) Each 2
5.6-0,00 / / 00' 00
15.0 5' x 3' Area Inlet Each 1 s0 0 0
715-1 5' x 6' Area Inlet Each 1
00 /OD, 0 0
16.0 OMIT
17.0 4'-0" Diameter Manhole Each 4
SZS`'o Z /D0• o0
17.1 6'-0" Diameter Manhole Each 1 A o
00 / 400
/+400,_. .. ..x..._
PF-4 ,
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT N0. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT UANT. PRICE AMOUNT
18.0 Drainage Spillway Each 1
200,00 200, 00
19.0 Adjust Manholes to Grade Each 9
G° Aso, a o
20.0 9" Asphaltic Concrete Pavement
(Stadium Blvd. ) S.Y. 12,896 �7 go
20. 1 8" Asphaltic Concrete Pavement
(Side Streets) S.Y. 1 ,861 go 80
20.2 Asphaltic Concrete Surface Course
(for overlay) S.Y. 1 ,103 Z ZS 7S
20.3• Asphaltic Concrete Base Course for
Leveling (Avg. Thickness s 4}11) S.Y. 1 ,103 4 9S S- 4,s9 8"
21 .0 6" Non-Reinf. Concrete Pavement S.Y. 405
00 S Z I S. 00
21 . 1 8" Non-Reinf. Concrete Pavement S.Y. 168
/S 00 2 SZ0 0 0
21 .2 9" Non-Reinf. Concrete Pavement S.Y. 224
18. °° �, o3z.no
10 2.0 7" Crushed Stone for Drives S.Y. 197 70 I
23.0 Type A Curb 6 Gutter L.F. 6,374
Soo 31820. 00
23. 1 Doweled on Curb L.F. 211
PF-5
77035
---~-ITEM] ZED PROPOSAL ---_-----�
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD, )
FEDERAL AID PROJECT NO. M-3111 (501 )
JEFFERSON CITY, MISSOURI
ITD1 APPROX. UNIT
NO. ITEM DESCRIPTION UNIT QUANT. PRICE AMOUNT
23.2 Omit
2460 4" Plain Concrete Sidewalk Sly. 391
— ----
//' 00 'e! 3 0/ 00
Structural Reinf. Conc. for
Retaining Walls b Steps _ C.Y. 164 zZ5- 00 3f'o 9a 0, 00
25. 1 Steel Pipe Handrail for Steps L.F. 79 0
25.2 36" Handrail for Ret. Wall L.F. 235
?off d o
25.3 18" Handrail for Ret. Wall L.F. 88
------- -- ��, 7`s / 034. 00
25.4 Brick Facing for Ret . Wall F L.S.
900,00 9F o, 00 I
27.0 72" Chain Link Fence with 3 Strand
Barbed Wire L.F. 605 7.4 g j/8, 7`r
27. 1 16'-0" Double Swing Gate Each 1
28.0 Seed Acre 2
---- — —- ------- �- ��- - Z S'0 Q 0 0
28. 1 Sod Sly 2,900
.3,
2960 One Year Guarantee l;ond L .S . 1
/00,°° /00, 00
'1'o t a-1
33 4, 8&5"�z
,1.
PF- 6 �
w
77035
,
TIME OF COMPLE'T'ION :
The undersigned hereby :igreos to complete the project with
] 2(1_ ti,'OKKINC I)AYS , subject to the stipulations
o}�e Regulations of.�t1�c Controct and the Snecial Conditions .
I
It is understood and agreed that if this proposal. is accepted, the
prices quoted above include all applicable state sales taxes and that
j said taxes shall be paid by the Contractor.
The undersigned , as Bidder , hereby declares that the only persons or
firms interested in the Proposal as principal or principals is or are
named herein and that no other persons or firms than herein mentioned
have any interest in this Proposal or in the Contract to be entered
into ; and this Proposal is made without connection with any other
person , company or parties making a bid or proposal ; and that it is in
t all respects fair and in good faith, without collusion or fraud.
The undersigned agrees that the accompanying bid deposit shall become
the- property of the Owner , should he fail or refuse to execute the
Contract or furnish Bond as called for in the Specifications within the
time provided.
If written notice of the acceptance of this bid is mailed , telegraphed
or delivered to the undersigned within thirty (30) days after the date
of opening of the bids , or any time thereafter before this bid is with-
drawn, the undersigned will , within .ten (10) days after the date of
such mailing, telegraphing , or delivery of such notice , execute and
deliver a Contract in the form of Contract attached.
The undersigned hereby designates as his office to which such
notice of acceptance may be mailed , telegraphed , or delivered:
It is understood and agreed that this bid may be withdrawn at any
time prior to the sclicdule time for the opening of bids or any
authorized postponement thereof.
• Attached hereto is a Bid Bond for the sum of Fiyc- 2r—,ee-C--A17- VF lo-me-
Cashiers ' Check
CI&7- 21b
Dollars , made payable to the City of Jefferson , Missouri
i
i
PF- 7
77035
® Signature of Bidder:
If an Individual : doing business
as
If a Partnership:
by member_ of .firm
If a Corporation: s
by
Ra✓ v s�c� � _ - - -
. Title 2Lst Wr'
SEAL
Business Address of Bidder _/'0, ,fox 126 /907 Gf/�� i.g.►�s
�iX.SOatz i
If bidder is .a corporation, supply the following information:
State in which incorporated /"/SxOU e i
Name and business address of its :
President �nN�co j .
Secretary / oodL-2r (2. �iLBE'.�r _
T�
Date 3—
POWER OF ATTORNEY
• ' INSURANCE COMPANY OF NORTH AMERICA
PHILADELPHIA, PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
® a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia,
Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors'of the said Company
on May 28, 1975, to wit:
"RESOLVED,pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of
bonds,undertakings,recognizances,contracts and other writings in the nature thereof:
(1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the
same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident
• Assistant Secretaries and Attorneys.in-Fact to so execute or attest to the execution of all such writings on behalf of.the Company and
to affix the seal of the Company thereto.
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company iry any case as though signed
by the President and attested by the Secretary.
(3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer and the coal of the Company may be affixed by
facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and ceal shall be valid
and binding on the Company.
(4) Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the
Company,and any affidavit or record of the Company necessary to the discharge of their duties.
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9,
1953."
does hereby nominate, constitute and appoint JAMES M. DENT and GLENDA A. FRY, both of the
City of Jefferson City, State of Missouri
r
® , each individually if there be more than one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed
�► any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said ...................C,.AA(yUL_DRAKE................................ Vice-President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this ............16th day of ..........September-, „ 19-77.............
...............................
INSURANCE COMPANY OF NORTH AMERICA
(SEAL) by................L.....D.ANI.EL...DRME......................................
Vice-President
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
On this ...............I6th.......55.......... day of .........S.eP.tember............... A. D. 1977..........., before me, a Notary
Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came .. .. ... .......... ... ......................
........................................................................C,.... AN.I.EL.A RAKE................................... Vice-President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
• corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority'and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia,
the day and year first above written. R SCHELL
M.AlOREE .............................................
co . Notary Public.
° commission expires August 13, 1979
h undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that
a� OWER OF ATTORNEY, of which the foregoing is a full, tr a and Corr opy, is in full force and effect,
N -
mess whereof, I ha v ere nto subscribed my n e as istant Secret , a affixed the corporate seal
s r o ration, this............... . ....................... day of ... ../..r. t..:... ..` ............. 19.. ./°.. ......
.............................. ............... ...... . ..................
ifa•1C 7/IS Irinlrrd In U.t.A.
ssrstant_e
THE AK1EhICAN INSTITUTE ITUTF OF ARCHITECTS
® AlA Document A-110
Bid Bond
hN( )�N' At 1. etMEN BY T I IESE PRESENTS, that Ise
J.C. Industries, Inc. , Jefferson City, Missouri
a,. Print ipal, hereinafter called the Principal, and Insurance Company of North America, 1600 Arch
Sheet, Philadelphia, Pennsylvania a corporation cluly organized under the laws of the State of
llonnsylvanta as Surety, tiervin,ifter called the Surety, are held and firmly bound unto
City of Jefferson, Missouri
as ()hligVk', hereinafter called the Ohlil;ce, in the sure of Five Percent (5%) of Price Bid----
Dollars
for the payment of which sleet well and truly to be made, the said Principal and the said Surety, bind
riurwlves, our heirs, e,%ectillils, administrators, sucL(,%sors and assigns, jointly and severally, firmly by
Illese presents.
k%lif Ri AS, the Ptincipal fi . •.ul,niittvd a hell for Construction on Stadium Blvd.
(Highway 54 to Leslie Blvd. ) Project #M-3111(501)
III k 1 I u k I , it the (Ih!.,;i•r 'hall ae t el,t the lid ue the Principal and Ihr• Principal shall enter into a Contract
ih- I)hL,;i•,• .n ari,urlanr r• grill Ow er•nri. fit ,ueh hid, anti 1 iv,• such hand or hnnds as may he specified in the bidding
„r i ..I ,r.i,t 1,•,r unu•nts %%rill good •end .shit well surety for Ihr• faithful performance of such Contract and for the prompt
l,.rif ni,n1 ,u !.III,it ,end material turni.hrd in'lilt, wosecunon thereof, or in the event of the failure of the Principal to enter
••,nh e untra,l and t;rse such t,unrl r•r h,,nd%, if the Trine teal shall pay to the Obligee the difference not to exceed the penalty
tlen•„t hehsei•n th,• arnounl .lu•rre,ed m %,lift h!d and it(1) Luger amount for which the Obligee may in good faith contract
,silh anrrihet liath to perinrm the Wrirk covered by said hid, then this obligation shall be null and void, olherwite to remain
ut fill, lot,e and Mle(1
signed .Intl ”caled this 19th day of March 19 79
_ J.C. INDUS`PRILS,. .I_N_C. , _
title.-I
y - — — (1'rtnuliaU •.Scutt
�iUc1 _
INSURANCE COMPANY OF NORTH AMER CA
(curer •) C,eall
111 lieu•„i .. _-..__�___.•' '�'
I 1 tllel—�
Glenda A. Fry, Attorney—in—Fact
At4 (lot 1IM111 A 11 too lui•.li tliti;t ,,i:1 1•i•u Ile
1
••ii� ,tr
October 1977
CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING
(1) Certification with regard to Performance of Previous Contracts or Subcontracts subject to the Equal Opportunity
Clause and the filing of Required Reports.
The bidder _yl� , proposed subcontractor hereby certifies that he has has not _✓
participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive
Orders 10935, 1 1 1 14, or 1 1246, and that he has__z,has not ,filed with the Joint Reporting Committee,
the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,
or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing
requirements.
Note: This certification is required by the Equal Employment Opportunity Regulations of the Secretary of
Labor (4) CFR 60.1.7(b)(I), and must be submitted by bidders and proposed subcontractors only in connection
with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which
are exempt from the equal opportunity clause are set forth in 41 CFR 60.1.5. (Generally only contracts or subcontracts
of $10.000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their bnplementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 6(1.1.7(b)(1) prevents
the award of contracts and subcontracts unless such contractor submits a report covering die delinquent period or
such period specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
?) Certification with regard to infent to subcontract a portion of the wort: and affirmative action to consider minority
business enterprises as potential subcontractors.
A. The bidder hereby certifies that:
❑he does not intend to subcontract a portion of the work.
0 he does intend to subcontract a portion of the work.
(Bidder to check appropriate box.)
If in the affirmative, the bidder certifies that he has made contact with potential minority business enterprise
subcontractors to affirmatively solicit their interest, capability, and prices on the items he intends to subcontract,
and shall document the results of such contacts.
NOTE: A bidder's failure to submit this certification or submission of a false certification shall render his bid
nonresponsive.
B. 11 the Contractor requests permission to sublet work, and has not done so during the bidding stage, he shall
take the affirmative actions required of bidders in Paragraph A. No subletting will be approved unless the
contractor demonstrates that he has taken such affirmative action.
C. 'fhe contractor shall designate a liaison officer who will administer the contractor's minority business enterprise
program. The narne, address, and telephone number of the designated officer sliall be furnished the engineer
in writing upon request.
NOTE: The requirements contained herein are in accordance with the Federal Higliway Administration Federal-Aid
liighway Prupram Manual (Transmittal 16+4, November 3, 1975) Volume 6, Chapter 4, Section 1, Subsection 8,
Paragraph gc(2) (3) and (4) .
u S 7_2/2 icS -ZAIC
(Company)
By
�
7c�ON�4LO - N6-�M/G
Date: 3 ��� 979 J_oaaS!Qtr L_?
(Title)
I
1 .
i
CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to Federal -aid construction contracts and related sub-
contracts exceeding $10 ,000 which are not exempt from the Equal
Opportunity clause. )
By submission of this bid , the execution of this contract or sub-
contract, or the consumjriation of this material supply agreement ,
as appropriate ,. the bidder , Federal -aid construction contractor ,
subcontractor , or- material supplier , as appropriate , certifies that
he does not maintain or provide for his employees any segregated
facilities at any of his establishments , and that he does not per-
mit his employees to perform their services at any location , under
his control , where segregated facilities are maintained . He certi -
fies further that he will not maintain or provide for his employees
any segregated facilities at any of his establishments , and that he
will not permit his employees to perform their services at any
location, under his control , where segregated facilities are main-
tained . He agrees that a breach of this certification is a viola- ,
tion of the Equal Opportunity clause in this contract. As used in
this certification , the term "segregated facilities" means any wait-
ing rooms , work areas , restrooms and washrooms , restaurants and
other eating areas , timeclocks , locker rooms and other storage or
dressing areas , parking lots , drinking fountains , recreation or
entertainment areas, transportation , and housing facilities pro-
vided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race , creed , 'color , or
national origin , because of habit , local custom, or otherwise . He
agrees that (except where he has obtained identical certifications
from proposed subcontractors and material suppliers for specific
time periods) , he will obtain identical certification from pro -
posed subcontractors or material suppliers prior to the award of
subcontracts or the consummation of material supply agreements ,
exceeding $10 ,000 which are not exempt from the provisions of the
Equal Opportunity clause , and that he will retain such certifications
in his files .
�cj ma Lun,ei, Z_A-�—e-
• (Company)
By:
ie0Ni4�-ID l� G�iG
(Title)
Date:
CONTRACTOR' S AFFIDAVIT
CITY OF JEFFERSON , MISSOURI
STADIUM BOULEVARD
(HWY . 54 to LESLIE BLVD . )
FEDERAL AID URBAN PROJECT M-3111 (501)
This affidavit is hereby made a part of the Proposal , and an executed
copy. thereof shall accompany each Proposal submitted .
STATE OF 11111,VSO y,e l }
SS
COUNTY OF_e16E _ )
The undersigned , ,
of lawful age , being first duly sworn states upon oath that he is
Pie 6 S 1 Q C-NT of
the contractor submitting the attached proposal , that he knows of his
own knowledge and states it to be a fact that neither said proposal
nor the computations upon which it is based include any amount of
monies , estimate or allowance representing wages , moneys or expenses ,
however designated , proposed to be paid to persons who are not required
to furnish material or actually perform services upon or as a part of
the proposed project . .
Afflan
Subscribed and sworn to before me , a Notary Public , in and for the
19oun y and State aforesaid , this /�'TH day of
SF
Notary Public
My commission expires :
I�-
ANTI-COLLUSION STA'T'EMENT
CITY Or JEFF :nS01.1, MISSOURI
STADIIIPI BOULEVARD
® URVY . 54 TO LESLIE BLVD. )
FEDERAL AID URBAN PROJECT PT-3111 (501)
STATE OFD SSo viz i
COUNTY OF
o being first
duly sworn, deposes and says that he
Of `� Q �/,�7-/e/d:: 1n/e Tltlo of person Signing
r
r -
Naas of Bidder
that all statements made and facts set out i•n the proposal for the
3 above project are true and correct; and that the bidder (The person
firm, association, or corporation making said bid) "has not, either
directly or indirectly, entered into any agreement, participated in
. any collusion, or otherwise taken 'any action in restraint ' of free
competitive bidding in •connection with such bid of any contract
which• may result from its acceptance.
Affiant further certifies -that bidder is -not 'financially in-
terested in, or' financially affiliated with, any tither bidder for
the above project.
By
By-----"By
Sworn to before me this.�9r'N day of. l.':.'Q./2G'!�. . ...197�
.. . . . . . . . .. . . .
// pp Notorl public _
My eomnissicn expires. . .CR
. . . . . . . . . . . . . . . . . . . . . . . .
Revised 1-12-79 4-r
PROJECT MANUAL
STADIUM BOULEVARD
' (HWY. 54 TO LESLIE BLVD. )
FEDERAL AID PROJECT NO. M-3111 (501)
' JEFFERSON CITY, MISSOURI
1978
t
e
• LARKIN F, ASSOCIATES
CONSULTING ENGINEERS
9233 WARD PARKWAY
KANSAS CITY, MO. 64114
' (.816) 361-0440
L A Job No . 77035
1
1
TC-1
77035
I� TABLE OF CONTENTS 'FOR ?ROJECT MANUAL
JEFFERSON CITY, MISSOURI
STADIUM BOULEVARD
(Hwy. 54 to Leslie Blvd. )
Federal Aid Project No. M-3111(501)
Page to Page
Subject (In'clusive)
Title Page . . . . . . . . . . . . . . . . . . . . . . . -
Table of Contents . . . . . . . . . . . . . . . . . . . TC-1 . TC-2
Addenda, when applicable (to be bound in after
award of Contract.) . . . . . . . . . . . . . . .
Notice to Bidders . . . . . . . . . . . . . . . . . . . NB-1 . NB-2
Instructions to Bidders . . . . . . . . . . . . . . . . B-1. 0 : B-5 . 0
Proposal Form . . . . . . 0 . . . . . . . . . . . . PF-1 PF-7
Anti-Collusion Statement . . . . . . . . . . . . . . . . 1 .
Contractor' s Affidavit . . . . . . . . . . . . . . . . . 1
Certification of Nonsegregated Facilities . . . . . . . 1
Certification Regarding Equal Opportunity and
Affirmative Action in Subcontracting . . . . . . . . . . 1
' Notice of Requirement for Affirmative Action . . . . . . 1 : 8
' Missouri Wage Determination . . . . . . . . . . . . . .
General Wage Order No . 22 . . . . . . . . . . . . . . . 1 . 6
Federal Wage Rates . . . . . . . . . . . . . . . . . . . 1 : 14
Affidavit . . . . . . . . . . . . . . . . . . . . . . . 1
Contract . . . . . . . . . . . . . . . D-1 : D-2
Performance and One Year Guarantee Bond . . . . . . . . PB-1 : PB-2
Insurance Certification . . . . . . . . . . . . . . . . IC-1 :
TC-2
77035
Page to Page
Subject �Tn'clu's'ive)
Federal Aid Provisions 1 6
Regulations of the Contract . . . . . . . . . . 1 . 32
*Special Conditions . . . . . . . . . . . . . . . . . . . SC-1 . SC-8
*Technical Specifications . . . . . . . . . . . . . . . . TS-1 . TS 48
*See index sheet in front of this part. '
NB-1
77035
NOTICE TO BIDDERS
JEFFERSON CITY, MISSOURI
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD. )
FEDERAL AID PROJECT NO. M-3111 (501)
Sealed Proposals will be received at the office of the City Clerk ,
City Hall , 240 East High Street, Jefferson City, Missouri until
4 P.M. on Monday, March 19 , 1979 . The bids will be opened and
read aloud in the Council Chambers at 7 : 30 pm on that same day.
The proposed work includes :
Grading, storm sewers , 44-foot wide bituminous pavement
with 30-inch wide concrete curb and gutter , concrete
entrance aprons and incidental work on Stadium Boulevard
from U.S. Highway 54 to Leslie Boulevard, a distance of
0. 53 mile.
All equipment, material and workmanship must be in accordance with
the Plans , Specifications and Contract Documents on file with the
Director of Public Works , Jefferson City, Missouri , and in the
office of the Consulting Engineers .
Copies of the Contract Documents required for bidding purposes may
be obtained from the Director of Public Works at 911 E. *Filler St . ,
Jefferson City, M0.
A prebid conference will be held at 911 E. Miller St. , Jefferson
City, MO at 1 : 00 pm, Monday, March 12, 1979. All prospective
bidders are urged to attend.
Deposit for Plans and Specifications :
A deposit of $30 .00 will be required for each set of Plans and
Specifications. Single sheets of plans may be obtained for $3.00
per sheet.
Refunds for Plans and Specifications :
' (a) If the complete set of Plans and Project Manual , or Plans only
where Contractor has submitted a Proposal as stipulated above,
' are returned to the Consulting Engineers in good condition
within ten (10) days after opening of bids , refunds will be
made according to the following schedule:
NB-2
77035 ®i
1. General Contractors who bid: full deposit refunded on
original set; half (1/2) deposit refunded on additional
sets requested for Contractor's convenience.
2. Non-Bidding General Contractors , Sub-Contractors, Equip-
ment and Material Suppliers: half (1/2) deposit refunded
on complete sets.
(b) No refunds made on partial sets of Plans and Specifications.
The City of 1efferson 'hexeb7 nattfies' all bidders that'--it will affirm-
atively insure that in any contract entered into pursuant to this,
advertisement, minority business enterprises will beafforded full
opportunity to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.
This Contract will be subject to conditions regarding equal oppor-
tunity in employment, affirmative action program and nonsegregated
facilities.
All wages paid for work under this Contract shall comply with require- 1
ments of the prevailing wage law of the State of Missouri, Sec.
290. 210 through 290.340, R.S. Mo . 1969 , as amended, and with the
minimum wages for federal and federally assisted construction as set
forth by the U.S. Department of Labor.
A 'certified check on a solvent bank or a bid bond by a satisfactory
surety in an amount equal to five percent (5%) of the total amount
of the bid must accompany each proposal.
A one year Performance and Guarantee Bond is required. ,
The Owner reserves the right to reject any or all bids and to waive
informalities therein, to determine which is the lowest and best
bid, and to approve the bond.
No bidder may withdraw his bid for a period of sixty (60) days after
date of opening of bids.
CITY OF JEFFERSON, MISSOURI ,
ROBERT L. HYDER, MAYOR
LARKIN & ASSOCIATES '
CONSULTING ENGINEERS
9233 WARD PARKWAY
KANSAS CITY, MO 64114 ,
B
1.0
77035
® PART B - INSTRUCTIONS TO BIDDERS
B-1 GENERAL STATEMENT:
These "Instructions to Bidders" apply to the contract as outlined
in the Notice to Bidders, Proposal and in the detailed specifications
and plans . All proposals shall be filled out in complete detail.
The contract will. be let as a single contract to the bidder sub-
mitting the lowest and best bid.
B-2 PURPOSE OF THE SPECIFICATIONS:
® It is proposed under these specifications to provide for furnish-
ing completely the contract requirements set forth in the
detailed specifications.
The purpose of these specifications is to require the furnishing
oy highest quality equipment, material and workmansh=p, In
® ' accordance k=th these specifications and best accepted practice.
The bidder is expected to base his bid on materials and equipment
complying fulls with the plans and specifications. In the
event he bases his bid on materials or equipment which do not
conform, he will be held responsible for furnishing, materials and
equipment which conform fully at no change in his bid price.
Each bidder in submitting his bid, acknowledges his willingness
to comply with the terms of these contract documents.
1
g
� . 0
73044 ®�
B-3 LAWS AND REGULATIONS:
Attention of all bidders is called to Federal , State and
Municipal laws, regulations and ordinances in reference to
labor, materials, equipment, specifications, proposals or bids,
contracts, certified checks, bonds (bidding, performance and
guarantee) , and all other matters pertaining to the relation-
ship between the Owner, Contractor and Engineer.
B-4 BID DEPOSIT:
Each bid must be accompanied by a bid deposit of type and amount
stipulated in the Notice to Bidders, payable to the Owner.
Bid deposit shall be forfeited and become the property of Owner
in case the bidder neglects or refuses to enter into contract
and to furnish bonds acceptable to Owner within ten (10) days
after his proposal shall have been accepted.
The bid deposit of all except the three lowest and best bidders
will be returned within 10 days after the opening of bids. The
bid deposit, of the three lowest and best bidders will be returned
within 48 hours after the executed contract and required bonds
have been finally approved by the Owner.
B-5 BIDS:
t Bids shall be made by filling out the separate proposal form
that is delivered to the contractor with these documents. The
proposal shall be filled out in detail and delivered to the ,
official designated in the Notice to Bidders in a sealed
envelope, marked with the contract number and title appearing
on the cover. Each bid must be headed by the name of the bidden
and •his post office address, and, in case the bid is made by a
corporation, the same shall be signed by a legally authorized
agent of the corporation.
Any and all addenda issued after original issuing of plans and ,
specifications shall be signed and attached to proposal by
contractor as acknowledgment. ,
Bidders are instructed to familiarize themselves with the work
contemplated in order that the true spirit and intent of the
specifications may be fulfilled. In case these specifications
should be deficient or not clearly expressed, the parties sub-
mitting proposals must apply to the Engineer for the required
information or explanation before their bids are submitted.
Owner and Engineer will not consider bids covering only a portion
of these specifications except as hereinafter specifically
required or permitted.
B
3. 0
Std.
® 77035
B-6 REJECTION AND WAIVER:
Owner reserves the right to reject any and all bids, or to
waive any irregularity in the bids that is not in accordance
with the general provisions of these specifications.
B-7 AWARD OF CONTRACT:
Owner reserves the right to determine which bid is the lowest
and best and to award the contract on that basis. Tiine' of
completion may be a factor in determining low bidder.
B-8 EXPERIENCE AND FINANCIAL STATEMENTS:
Prequalification statements are not required of the bidders .
Bidders may be requested to submit financial and experience
statements subsequent to the opening of bids, together with such
other information as may be required to determine that a contem-
plated awardee is fully qualified to receive the award. Such
statements and information shall be made immediately available
1: upon• the Owner's request.
B-9 INTERPRETATION OF CONTRACT DOCUMENTS:
If any person contemplating submitting a bid for the proposed
contract is in doubt as to the true meaning of any part of the
plans, specifications, or other proposed contract documents , he
shall submit to the Engineer a written request for an interpre-
tation thereof. The persons submitting the request will be
responsible for its prompt delivery. Any interpretation of the
proposed documents will be made only by addendum duly issued and
a copy of such addendum will be mailed or delivered to each person
receiving a set of such documents . The Engineers will not be
responsible for any other explanation or interpretations of the
proposed documents.
B-10 SPECIFICATION OF PARTICULAR EQUIPMENT OR MATERIAL:
Wherever the words "or equal" are used in connection with the
' name of any item of equipment or material, or trade name they
shall be construed to mean that the item named will be used as
a basis of comparison and that all makes of similar items will
be considered, providing they have equal or better qualifications.
B-11 WITHDRAWAL OF BID:
' No bidder may withdraw his bid for a period of 60 days from the
date of opening bids.
B
4. 0
74 04 8A ®'
B-11 (Omitted)
B-12 PREVAILING WAGE RATES : (MISSOURI)
This contract shall be based upon payment by the Contractor and his
subcontractors of wage rates not less than the prevailing hourly wage
rate for each -craft or type of workman engaged in the work. Prevail-
ing wage rates shall be as determined by the Industrial Commission of
Nissouri .
The Contractor and his subcontractors shall comply with all require-
ments of the prevailing wage law of the State of Missouri , Section
290 . 210 through 290 . 340 R.S. Mo . , 1969 as amended.
During the life of this Contract, the prevailing hourly rate of wages
isrsubject to. change by the Industrial Commission of Missouri or by
court decision: as provided by law. Any such change shall not be the
basis of- any* claim by the Contractor against the Owner, nor will
deductions - be made by the Owner against sums due the Contractor by
reason� of any such change .
Wage rate determination will be obtained by the Owner from the
Industrial Commission of• Missouri . A copy thereof will be issued
by Addendum. If any crafts or classification of works are required
on the project that are not listed on the wage determination, the
Contractor shall so notify the Engineer.
The Contractor shall forfeit as a penalty to the Owner ten dollars
($10 . 00) 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.
The Contractor and each subcontractor shall keep posted in a prominent
and easily accessible place at the Construction site during the full
time that any workman is employed in any construction under this Con-
tract, a clearly legible statement of all prevailing hourly wage rate
The Contractor and each subcontractor engaged in any construction
under this Contract shall file with the Owner upon completion of the
work and prior to final payment therefor an affidavit stating that
he has fully complied with the provisions and requirements of Section
290 . 210 through 290 . 340 R.S. Mo . , 1969 as 'amended. Form of the
Affidavit is bound in this Project Manual . '
1
S.0
74048A
lie The Contractor shall insert in each of his subcontracts such wage
and other provisions as are consistent with the Contractor's Con-
1 tract with the Owner.
B-13 FEDERAL-AID PROVISIONS:
This is a federal-aid project .and all requirements pertaining there-
, to , as stipulated in the Contract Documents , will be a part of this
Contract. These requirements include payment of minimum wages as
set forth by the U.S. Department of Labor, provisions for minority
business enterprises, equal opportunity in employment, affirmative
action program and nonsegregated facilities .
B-14 ONE YEAR GUARANTEE BOND:
The specifications call for a one-year guarantee bond covering
materials and workmanship on this project. This bond is covered
by the same bond form as the performance bond. However , the Federal
Highway Administration does not participate in the guarantee bond;
thesefore,. it must be bid separately. -The price bid in the Proposal
: shall be for the guarantee bond only for each section of the project.
The cost of the performance bond will not be paid for directly.
1
PF-1
77035
PROPOSAL FORM
,® CITY OF JEFFERSON , MISSOURI
STADIUM". BOULEVARD
(Hwy. 54 to Leslie Blvd. )
Federal Aid Urban Project M-3111 (501)
Name of Bidder
Address of Bidder
To The
City of Jefferson, Missouri
240 East High
Jefferson City, Missouri
THE UNDERSIGNED BIDDER, having examined the Plans , Specifications ,
Regulations of the Contract, Special Conditions and other proposed
Contract Documents , and all addenda thereto ; and being acquainted with
and fully understanding (a) the extent and character of the work covered
by this Proposal ; (b) the location, arrangement , and specified re-
quirements for the proposed work; (.c) the location, character, and
condition of existing streets , roads , highways , railroads , pavements ,
surfacings , walks , driveways , curbs , gutters , trees , sewers , utilities ,
drainage courses and structures , and other installations , both surface
and underground which may affect or be affected by the proposed work;
(d) the nature and extent of the excavations to be made , and the type ,
character and general condition of materials to be excavated; (e) the
necessary handling and rehandling of excavated materials ; (f) the
location and extent of necessary or probable dewatering requirements ;
(g) the difficulties and hazards to the work which might be caused by
storm and flood water; (h) local conditions relative to labor, trans-
portation , hauling , and rail delivery facilities ; and (i) all other
factors and conditions affecting or which may be affected by the work,
HEREBY PROPOSED to furnish all required materials , supplies , equipment ,
tools , and plant; to perform all necessary labor and supervision; and to
construct, install , erect, and complete all work stipulated in, required
by, and in accordance with , the proposed Contract Documents and the draw-
ings , Specifications , and other documents referred to therein (as
altered, amended, or modified by addenda) , in the manner and time pre-
scribed, and that he will accept in full payment sums determined by
' applying to the quantities of the following items , the following unit
prices and/or any lump sum payments provided, plus or minus any special
payments and adjustments provided in the Specifications , and he under-
stands that the estimated quantities herein given are not guaranteed to
be the exact or total quantities required for the completion of the
work shown on the drawings and described in the Specifications, and that
increases or decreases may be made over or under the Contract estimated
quantities to provide for needs that are determined during progress of
the work and that prices bid shall apply to such increased or decreased
quantities as follows :
PF-2
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT UAQ NT. PRICE AMOUNT
1 .0' Vru0i6d Stone -fo`r •Subg`rade
Sta&l 1ization 'Ton 100
2.0 Crushed Stone for Temporary
Surfacing Ton 100
3.0 Clearing, Grubbing S Demolition L.S.
4.0 Compacted Embankment in Place C.Y. 6,014
5.6 Pipe Underdrains (611) L.F. 100
6.0 12" Reinf. Cone. Pipe Class III L.F. 158.5
6.1 15" Reinf. Cone. Pipe Class III L.F. 487
6.2 18" Reinf. Cone. Pipe Class III L.F. 164
6.3 21" Reinf. Cone. Pipe Class lit L.F. 40
6.4 24" Reinf. Cone. Pipe Class III L.F. 130
6.5 36" Reinf. Cone. Pipe Class III L.F. 126 ,
7.0 8" Sewer or Drain Pipe L.F. 130 ,
8.0 15" x 16 Ga. Corr. Metal Pipe L.F. 32
.1.0 18" x 16 Ga. Corr. Metal Pipe L.F. 27 r
PF-3
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT QUANT. PRICE AMOUNT
10.0 36" Reinf. Cone. Pipe Miter Each 1
i �►
11 .0 15 Reinf. Cone. Pipe
Branch Connection Each 1
12.0 15" Corr. Metal Pipe
Branch Connection Each 1
13.0 4' x 2.5' Curb Inlet (Type A) Each 2
13. 1 4' x 3' Curb Inlet (Type A) Each 13
13.2 6' x 3' Curb inlet (Type A) Each 1
13.3 8' x 3' Curb Inlet (Type A) Each 2
14.0 Drop Inlet (Modified Type B) Each 2
15.0 5' x 3' Area Inlet Each 1
15.1 5' x 6' Area Inlet Each 1
16.0 OMIT
17.0 4'-0" Diameter Manhole Each 4
17. 1 6'-0" Diameter Manhole Each 1
PF-4
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. 14-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT UAQ NT. PRICE AMOUNT
18.0 Drainage Spillway Each 1
19.0 Adjust Manholes to Grade Each 9
20.0 9" Asphaltic Concrete Pavement
(Stadium Blvd.) S.Y. 12,896
20. 1 8" Asphaltic Concrete Pavement
(Side Streets) S.Y. 1 ,861
20.2 Asphaltic Concrete Surface Course
(for overlay) S.Y. 1 ,103
20.3 Asphaltic Concrete Base Course for
Leveling (Avg. Thickness S.Y. 1 ,103
21 .0 6" Non-Reinf. Concrete Pavement S.Y. 405
21 .1 8" Non-Reinf. Concrete Pavement S.Y. 168
21 .2 9" Non-Reinf. Concrete Pavement S.Y. 224
22.0 7" Crushed Stone for Drives S.Y. 197
23.0 Type A Curb 6 Gutter L.F. 6,374
23.1 Doweled on Curb L.F. 211
7703
77035
ITEMIZED PROPOSAL
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD.)
FEDERAL AID PROJECT NO. M-3111 (501)
JEFFERSON CITY, MISSOURI
ITEM APPROX. UNIT
NO. ITEM DESCRIPTION UNIT QUANT. PRICE AMOUNT
23.2 Omit -
24.0 4" Plain Concrete Sidewalk Sly. 391
25.0 Structural Reinf. Conc. for
Retaining Walls & Steps C.Y. 164
25. 1 Steel Pipe Handrail for Steps L.F. 79
25.2 36" Handrail for Ret. Wall L.F. 235
25.3 18" Handrail for Ret. Wall L.F. 88
L
25.4 Brick Facing for Ret. Wall F L.S.
27.0 72" Chain Link Fence with 3 Strand
Barbed Wire L.F. 605
27.1 16'-0" Double Swing Gate Each 1
28.0 Seed Acre 2
8.1 Sod S.Y 2,900
Total
PF- 6
77035
TIME OF COMPLETION:
The undersigned hereby agrees to complete the project with
120 WORKING DAYS , subject to the stipu ations
o the Regulations o the Contract and the Special Conditions .
It is understood and agreed that if this proposal is accepted, the
prices quoted above include all applicable state sales taxes and that
said taxes shall be paid by the Contractor.
The undersigned, as Bidder , hereby declares that the only persons or
firms interested in the Proposal as principal or principals is or are
named herein and that no other persons or firms than herein mentioned
have any interest in this Proposal or in the Contract to be entered
into ; and this Proposal is made without connection with any other
person , company or parties making a bid or proposal ; and that it is in
all respects fair and in good faith, without collusion or fraud.
The undersigned agrees that the accompanying bid deposit shall become
the. property of the Owner, should he fail or refuse to execute the
Contract or furnish Bond as called for in the Specifications within the
time provided.
If written notice of the acceptance of this bid is mailed, telegraphed
or delivered to the undersigned within thirty (30) days after the date
of 'opening of the bids , or any time thereafter before this bid is with-
drawn, the undersigned will , within ten (10) days after the date of
such mailing, telegraphing, or delivery of such notice , execute and
deliver a Contract in the form of Contract attached.
The undersigned hereby designates as his office to which such ,
notice of acceptance may be mailed, telegraphed, or delivered:
It is understood and agreed that this bid may be withdrawn at any
time prior to the schedule time for the opening of bids or any
authorized postponement thereof.
Attached hereto is a Bid Bond for the sum of
Cashiers' Check
Dollars , made payable to the City of Jefferson, Missouri
PF- 7
77035
Signature of Bidder:
If an Individual : doing business
' as
If a Partnership:
by , member of firm
If a Corporation:
by
Title
SEAL
Business Address of Bidder
. '.If•bidder is .a corporation, supply the following information:
State in which incorporated
Name and business address of its :
1 President
rSecretary
Date
r
ANTI-COLLUSION STATEMENT
CITY OF JEFFERSON, MISSOURI
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD. )
FEDERAL AID URBAN PROJECT M-3111 (501)
STATE OF
rCOUNTY OF SS.
being first
duly sworn, deposes and says that he is .
Title of person Signing
of
Naas of Bidder
tbftt all statements made and facts set out in the proposal for the
above project are true and correct; and that the bidder (The person
firm, association, or corporation making said bid) *has not, either
directly •or indirectly, entered into any agreement, participated in
, any collusion, or otherwise taken 'any action in restraint of free
competitive bidding in ,connection with such *bid of any contract
which,may result from its' acceptance.
Affiant further certifies that bidder is -not financially in-
terested in, or' financially affiliated with, any other bidder for
the above project.
By
By
rBy
Sworn to before' me this. .. ...day of.. ..'. . ...... .....19
1, NotacT public
Myeommi 3sion expires.00040 ... ... .... ....... ..........
CONTRACTOR'S AFFIDAVIT
CITY OF JEFFERSON, MISSOURI
STADIUM BOULEVARD
(HWY. 54 to LESLIE BLVD.)
FEDERAL AID URBAN PROJECT M-3111 (501)
This affidavit is hereby made a part of the Proposal , and an executed
copy. thereof shall accompany each Proposal submitted.
STATE OF )
COUNTY OF S5
The undersigned, ,
of lawful age, being irst my sworn states upon oat t at a is
of
the contractor submitting the attached proposal , that he knows of his
own knowledge and states it to be a fact that neither said proposal
nor the computations upon which it is based include any amount of
monies, estimate or allowance representing wages , moneys or expenses ,
however designated, propos.ed to be paid to persons who are not required
to furnish material or actually perform services upon or as a part of
the proposed project. .
A fiant
Subscribed and sworn to before me , a Notary Public, in and for the
County -and State aforesaid, this day of ,
19
SEAL
rNotary Public
My commission expires :
t
CERTIFICATION OF NONSEGREGATED FACILITIES
(Applicable to Federal-aid construction contracts and related sub-
, contracts exceeding $10,000 which are not exempt from the Equal
Opportunity clause.)
By submission of this bid, the execution of this contract or sub-
contract, or. the consummation of this material supply agreement,
as appropriate,, the bidder, Federal-aid construction contractor,
subcontractor , or- material supplier, as appropriate , certifies that
he does not maintain or provide for his employees any segregated
facilities at any of his establishments , and that he does not per-
mit his employees to perform their services at any location, under
his control , where segregated facilities are maintained. He certi-
fies further that he will not maintain or provide for his employees
any segregated facilities at any of his establishments, and that he
will not permit his employees to perform their services at any
location, under his control , where segregated facilities are main-
tained. He agrees that a breach of this certification is a viola-
tion of the Equal Opportunity clause in this contract. As used in
this certification, the term "segregated facilities" means any wait-
ing rooms, work areas, restrooms and washrooms , restaurants and
other eating areas , timeclocks , locker rooms and other storage or
dressing areas, parking lots , drinking fountains , recreation or
entertainment areas, transportation, and housing facilities pro-
vided for employees which are segregated by explicit directive or
are in fact segregated on the basis of race , creed, color, or
national origin, because of habit , local custom, or otherwise. He
agrees that (except where he has obtained identical certifications
from proposed subcontractors and material suppliers for specific
time periods) , he will obtain identical certification from pro-
posed subcontractors or material suppliers prior to the award of
subcontracts or the consummation of material supply agreements,
exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity clause, and that he will retain such certifications
in his files.
C om an
0
( P Y)
By:
(Title)
ate:
r
October 1977
CERTIFICATION REGARDING EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION IN SUBCONTRACTING
Certification with regard to Performance of Previous Contracts or Subcontracts subject to the Equal Opportunity
Clause and the filing of Required Reports.
The bidder , proposed subcontractor hereby certifies that he has , has not
participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive
Orders 10925, 11114, or 11246, and that he has ,has not ,filed with the Joint Reporting Committee,
the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,
® or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing
requirements.
Note: This certification is required by the Equal Employment Opportunity Regulations of the Secretary of
Labor (41 CFR 60.1.7(bx 1), and must be submitted by bidders and proposed subcontractors only in connection
with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which
are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts
of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing
regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract
subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60.1.7(b)(1)prevents
the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or
such period specified by the Federal Highway Administration or by the Director, Office of Federal Contract
Compliance, U.S. Department of Labor.
Certification with regard to intent to subcontract a portion of the work and affirmative action to consider minority
business enterprises as potential subcontractors.
A. The bidder hereby certifies that:
❑he does not intend to subcontract a portion of the work.
❑he does intend to subcontract a portion of the work.
(Bidder to check appropriate box.)
If in the affirmative, the bidder certifies that he has made contact with potential minority business enterprise
subcontractors to affirmatively solicit their interest, capability, and prices on the items he intends to subcontract,
and shall document the results of such contacts.
NOTE: A bidder's failure to submit this certification or submission of a false certification shall render his bid
nonresponsive.
B. If the Contractor requests permission to sublet work, and has not done so during the bidding stage, he shall
take the affirmative actions required of bidders in Paragraph A. No subletting will be approved unless the
contractor demonstrates that he has taken such affirmative action.
C. The contractor shall designate a liaison officer who will administer the contractor's minority business enterprise
program. The name, address, and telephone number of the designated officer shall be furnished the engineer
in writing upon request.
NOTE: The requirements contained herein are in accordance with the Federal Highway Administration Federal-Aid
Highway Program Manual (Transmittal 164, November 3, 1975) Volume 6, Chapter 4, Section 1, Subsection 8,
Paragraph 8c(2)(3) and (4) .
(Company)
By
' Hate:
(Title)
1
VOT10E OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL August 1978
EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)
1. ' The Offeror's or'Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
2. The goals and timetables for minority and female participation,expressed in percentage terms for the Contractor's
aggregate workforce in each trade on all construction work in the covered area, are as fellows:
Goals for Female Participation in Each Trade =
AREA COVERED _
Goals for women apply nationwide.
�;. - `• ' . : GOALS AND TIMETABLES -
• .. , Goals ... , ...t . . .
T'unetable (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, 19S1 6.9
Goals For Minority Participation For Each Trade
KANSAS CITY, MO. ST. LOUIS, MO.
1 Area Covered • Clay, Platte, Jackson, Bates, Area covered City of St. Louis, Mo.. . -
Carroll, Lafayette, Ray, Johnson, Henry, and and St. Louis County, Mo. -
�: Cass Counties, Mo.
GOALS AND TIMETABLES GOALS AND TIMETABLES
•.. Timetable Trade Goal Timetable Trade Goal
1.4+ (Percent) _.. ... :.... .._.._... . . (percent)
Until further Asbestos workers 10.3 to 11.7 Until further Asbestos workers 05.2 to 05.7
notice. Boilermakers 05.9 to 06.4 notice. Boilermakers 34.0 to 37.7
Bricklayers 19A to 20.7 Bricklayers 12.6 to 14.2
Carpenters 05.9 to 06.9 Carpenters 08.2 to 08.9
Carpet, linoleum ;05.S to 06.4 Cement and concrete 13.3 to 16.6
and resilient finishers
floor decorators Electricians 13.6 to 16.1
Cement masons 2S.S to 26.S Elevator 08.7 to 09.3
Elevator 09.2 to 10.7 constructors
_ constructors Glaziers 28.7 to 34.5
Electricians 08.0 to 09.4 Ironworkers " 09.0 to 10.4
Glaziers ,09.8 to 10.5 Lathers and 24.2 to 29.7
others '14.5 to 15.6 plasterers
. '. ' : •• Marble masons, We 07.5 to 09.0 Operating engineers 13.2 to 15.7
layers and Painters and paper. ' 2S.1 to 29.3
'" terrazzo workers hangers .
Marble and tfie 04.8 to 05.6 Plumbers and pipe. 13.2 to 1SA
helpers fitters
Operating engineers 09.0 to 10.9 Roofers and slaters 17.1 to 19.6
Painters 14.3 to 1S,0 Sheetmetal workers 22.S to 27.0
Pipefitters 06.9 to 07.7 Tilesetters and 08.8 to 10.4
Plasterers 19.0 to 20.4 terrazzo workeri
• Plumbers 08.3 to 09.3 ..
Roofers 14.0 to 1 S.0
Shcetmetal workers 07.0 to 08.0
Teamsters 2S.0 to 26.0 ,
All other trades ; • ;11.4 to 12.S
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted)
performed in the covered area.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on
its implementatiowof the Equal Opportunity Clause, specific affirmative action obligations required by the specifications
set forth in 41 CFR 60-4.3(a),-and its efforts to meet the goals established for the geographical area where the contract
resulting from this solicitation is to be performed. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good
faith effort to employ minorities and women evenly on each of its projects. The 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
goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
3. '• The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance
Programs within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction
work under the contract resulting from this solicitation. The notification shall list the name, address and telephone
number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated
starting and completion dates of the'subcontract; and the geographical area in which the contract is to be performed.
4. - As used in this Notice, and in the contract resulting from this solicitation, the '"covered area" u the county,
route, acid limits described in the proposal for the.work.
STANDARD FEDERAL EQUAL EMPLOYMENT' OPPORTUNITY CONSTRUCTION August 1978
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
1. 'As used in these specifications:
a: "Covered area" means the -geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs,United States Department of Labor, ,
or any person -to whom 'the Director delegates authority; . .,
C. • "Employer Identification Number" means the Federal Social Security number used on the Employer's Quarterly '
Federal Tax Return, U.S. Treasury Department Form 941
d. "Minority" includes: `
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(Ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or*other Spanish Culture
or origin,.regardless of race); ,
•
Asian and Pacific islander (all persons having origins in any of the original peoples of the Far East,Southeast
Asia, the Indian Subcontinent, or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American
and maintaining identifiable tribal affdliations through membership and participation or community identification).
2. ' Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of$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 the
solicitations from which this contract resulted.
3. V the Contractor is participating (pursuant to 41 CFR 60-4.S) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action obligations
;4. on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades
which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan
is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve
.each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors
or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure
to take good faith efforts to achieve the Plan goals and timetables.
4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through p
1 of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages
ofithe total hours of employment and trailing of minority and female utilization the Contractor should reasonably be
able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected
_to make iubstantia.1y uniform progress_toward its goals in each.craft during the period specified.
5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor
hai a collective bargaining agreement, to refer either minoritites or women shall excuse the Contractor's obligations under
these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. -
6. In order for the nonworking training hours of apprentices, and trainees to be counted in meeting the goals,
such apprentices and trainees must be employed by the Contractor dlrring the training period, and the Contractor must
' have made a commitment to employ the apprentices and trainees al the completion of their training, subject to the
availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of labor.
. 7. 'The Contractor shall take spe cific affirmative actions to e nsure equal employm e nt opportunity. The evaluation
of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from
Its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and
in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign
two or more women to each construction project. The Contractor shall specifically ensure that all foremen,superintendents,
and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working
environment, with specific attention to minority or female Mviduils working at such sites or In such facilities.
b. 'iEstablish and maintain a current list of minority and female recruitment sources, provide written notification
to minority and female recruitment sources and to community organizations when the Contractor or its unions have
employment opportunities available, and maintain a record of the organizations' responses.
r.
C. '�&irutain a current file of the names, addresses and telephone numbers of each minority and ferri ale off-the-street
applicant 'and minority or female referral trom a union, a recruitment source or community organization and of what
... ' 3
action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral
and was not referred back to the Contractor by the 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 Arnmedlate 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 sent by the Contractor,
or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to
mat its obligations.
a. 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 programs relevant to the
Contractor's employment needs,especially those programs funded or approved by the Npartment of Labor. The Contractor
shall provide notice of these programs to the sources complied under 7b above,
� =
f."" Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs
and requesting their cooperation in assisting the Contractor in meeting its EEO obligations: by including it in any polity
manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report,etc.;by specific
review'of,the policy with all management personnel and with all minority and female employees at least once a year;
and by posting the company EEO policy on pulletin boards accessible,lo all employees at each location where construction
work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications
with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions
including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen,etc.,
. : prior.'to the initiation,of construction work at any job site. A written record shall be made and maintained identifying
the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
L Disseminate the'Contractor's EEQ policy externally by including it in any advertising in the news media,
�. specifically including minority and female news media, and providing w'ritten notification to and discussing the Contractor's
EEO policy with other Contractors and Subcontractors with whom' the Contractor does or anticipates doing business
L birect its recruitment efforts, both ors! and written,to minority,female and community organizations,to schools
with minority and female students and to minority and female recruitment 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,the Contractor shall send written notification to organizations
such as the above, describing the openings, screening procedures, Ad. tests to be used is the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where
reasonable; provide after school, summer and vacation employment to minority and female youth both on the site and
in other areas of a Contractor's workforce.
k. 'Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part
60.3.
1. Conduct, at least annually, an inventory and evaluation 'at least of all minority and female•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 practices, do not have
,�'• �a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO '
policy and the Contractor's obligations under these specifications are being pined out. "•
.a. Ensure that all�fact7ities and company activities are nonsegregated except that separate or sirngle•user toilet and
necessary changing facilities shall be provided to assure privacy between the sexes. - .; •.<'.'. ,'
. 4 .
' +i ... s• .t . .►,% . ..«'i.. ... .. .. ..:'i�','�=+i.+7�i`�'1:�.iii
o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female
construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations
and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance tinder the Contractor's
EEO policies and affirmative action obliptions.
S. Contractors are encouraged to participate In voluntary associations which assist in fulfilling one or more of
their affirmative action obliptions(7a through p). The efforts of a contractor association,joint contractor union,contractor
community, or other similar group of which the contractor Is a member and participant, may be asserted as fulfilling
any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively
participates In tlw group, makes 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 the effectiveness of actions taken on behalf of the Contractor. The obligation
to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for
'� ; '•: the Contractor's noncompliance.
9. A single.goal for minorities and,a separate single goal for women have been established to provide equal
. employment opportunity and to take affirmative action for all minority groups, both male and female, and all women,
both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular
group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals
for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women
h underutilized). ,
10. The Contractor shall. not use the goals and timetables or affirmative action standards to discriminate against
.- any, person because of race, color, religion, sex, or national origin.
2 .~ 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts
.
pursuant to Executive Order 11246.
_ 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
. Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed
or.ordered pursuant to Executive Order 11246, as amended, and its'implementing regulations, by the Office of Federal
Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation
of these specifications and Executive Order 11246, as amended.
" 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action
steps, at Ieast as extensive as those standards prescrihad in paragraph'7 of these specifications, so as to achieve maximum
results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements
of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance
with 41 CFR 644.8.
14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that
the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required
by the Covernment and to keep records. Records shall at least include for each employee the name,address, telephone
numbers, construction trade, union affiliation if any,employee identification number when assigned,social security number,
ace, sex, status (e.g. mechanic, apprentice, trainee, helper, or laboier), dates of changes in status, hours worked per
r
week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained
. In an easily understandable 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
different standards of compliance or upon the application of requirements for the hiring of local or other area residents
(e.g-'those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
OPERATING POLICY STATEMENT
The contractor shall accept as his operating policy the folluwing statement,or one of equal coverage,which is designed
to further the provision of equal employment opportunity to all persons without regard to thew 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 shalt 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, preapprenticeship, and/or on-the job training."
. • .., ••
SUPPLEMENTAL-REPORTING REQUIREMENTS '
A. The contractor will keep such records as are necessary to determine compliance with the contractor's equal employment
2 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 -die State Highway agency, for the month of July,
for the duration of the project, a report (Form 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. If on-the-job training is being required by "Standard
Federal Equal Employment Opportunity Specifications", the contractor will be required to furnish (Form FHWA
1409) "Federal-aid Highway Construction Contractor's Semi-Annual Training Report".
NONSEGREGATED FACILITIES NOTICE TO PROSPECTIVE - September 1974
FEDERAUAID CONSTRUCTION CONTRACTORS
(a) A Certification of Nonsegregated Facilities, as required by the May 9, 1967, Order of the Secretary of Labor
(32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities (is included in the proposal and must be submitted
prior to the award of a Federal-Aid highway construction contract exceeding $10,000 winch is not exempt from the
provisions of the Equal Opportunity clause.)
(b) Bidders are cautioned as follows:, By signing this bid, the bidder will be deemed to have signed and agreed
to the provisions of the Certification of Nonsegregated Facilities" in this proposal. This certification provides that the
bidder does not maintain or provide for his employees facilities which are segregated on a basis of race, creed, color,
or national origin, whether such facilities are segregated by directive or'on a de facto basis. The certifications also provides
that the bidder will not maintain such segregated facilities.
(c) .Bidders receiving Federal-Aid highway construction contract awards exceeding S10,000 which are not exempt
from the provisions of the Equal Opportunity clause, will be required to provide for the forwarding of the following
notice to prospective subcontractors for construction contracts and material suppliers where the subcontracts or material
supply agreements exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause. e
NOTICE TO PROSPECTIVE SUBCONTRACTORS AND MATERIAL SUPPLIERS OF REQUIREMENT FOR
CERTIFICATION OF NONSEGREGATED FACILITIES
(a) A Certification of Nonsegregated Facilities as required by the May 9, 1967, Order of the Secretary of Labor
(32 F.R. 7439, May 19, 1967) on Elimination of Segregated Facilities, which Is included in the proposal, or attached
6 . .. .. .
Y
hereto, must be submitted by each subcontractor and material supplier prior to the award of the subcontract or
consummation of a material supply agreement if such subcontract or agreement exceeds $10,000 and Is not exempt from
the provisions of the Equal Opportunity clause.
"(b) Subcontractors and material suppliers are cautioned as follows: By signing the subcontract or entering into
a material supply agreement, the subcontractor or material supplier will be deemed to have signed and agreed to the
provisions of the "Certification of Nonsegregated Facilities" in the subcontract or material supply agreement. This
certifications provides that the subcontractor or material supplier does not maintain or provide for his employees facilities
which are segregated on the basis of race, creed, color, or national origin, whether such facWties are segregated by directive
or on a de facto basis. The certification also provides that the subcontractor or material supplier will not maintain
such segregated facilities.
"(c) Subcontractors or material suppliers receiving subcontract awards or material supply agreements exceeding S10,000
which are not exempt from the provisions of the Equal Opportunity clause will be required to provide for the forwarding
of this notice to prospective subcontractors for construction contracts and material suppliers where the subcontracts or
material supply agreements exceed $10,000 and are not exempt from the provisions of the Equal Opportunity clause."
STATER?E\'TS AND PAYROLLS March 1972
The following provisions are added b the State to the Required Contract Provisions All Federal-Aid Construction
• gP Y q
Contracts (Form PR•1273), Section V. Statements and Payrolls. -
:The contractor is advised that Section 5c is amended to read:
"c. 'All payrolls shall contain the following information:
(1) The employee's full name, address, and social security number."
NONDISCRIMINATION IN EMPLOYMENT February 1972
The following provisions are added by the State to the Required Contract Provisions of Federal-Aid Contracts.
The contractor is advised that the exemptions referred to in the Required Contract Provisions, Federal-Aid Contracts
under Section 11, Equal Opportunity, Paragraph 2g, with respect to contracts and subcontracts, are substantial and are
' to be found in Chapter 60, Office of Federal Contract Compliance, Equal Employment Opportunity, Department of
. Labor (33 Federal Register 78047812, May 28, 1968, effective July 1, 1968; Chapter 60, Title 41, Code of Federal
Regulations), by which contracts and subcontracts of 510,000 or less and certain contracts and subcontracts for indefinite
quantities are exempt.
The two pertinent exemption clauses are as follows:
'
. "61.5 Ex e mptions (a) General :
.
"(1) Transactions of $10,000 or under. Contracts and subcontracts not exceeding 510,000,other than Government
bills of lading, are exempt from the requirements of the equal opportunity clause. In determining the applicability of
this exemption to any Federally assisted construction contract, or subcontract thereunder, the amount of such contract
or subcontract rather than the amount of the Federal financial assistance &hall govern. No agency, contractor or
subcontractor shall procure supplies or services in less than usual quantities to avoid applicability of the equal opportunity
:. clause. • . • f. ,• . := , - •
�.. _ Vii.. .. � � • . «rte:r...:. : ..
.J r. :N..
r.
"(2) Contracts and subcontracts for indefinite quantities. With respect to contracts and subcontracts for indefinite
quantitles (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 510,000. 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 the 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 determined to be applicable, the contract &hall continue to be subject to such clause for its duration, regardless of
the amounts ordered, or reasonably expected to be ordered in any year."
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' Industrial Commission of Missouri
Wage Determination No.
1, Dated
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V "
GENERAL WAGE ORDER
N0. 22
WAGE RATES FOR STATE HIGHWAY CONSTRUCTION
® July 1, 1978 to July 1, 1979
DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
INDUSTRIAL COMMISSION OF MISSOURI
PREVAILING WAGE LAW,SECTION 290.210
Through 290.340 At Amended RSMo 1969
Effective October 13,1969
290.210. Definitions. — As used in sis000n 290.210 to 290.340,unlace the context indicates otherwise:
411 "Construction" includes construction, reconstruction, improvement, enlargement, etterstion, painting end
decorating.or major repair.
(2) "Department"meant tht department of labor and industrial relations.
(3) "Locality" meant the county where the physical work upon public works is performed, except that if there is
W 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 t0 the one in which the work or construction is t0 be
performed and from which such workers may be obtained in sufficient numbers to perform the work,and that, with
respect to, aomtrai is with the state highway commission, "locality" may be construed to include two or more adjacent
counties from which workmen may be accessible for work on such construction.
(it) "Maintenance work" means the repair, but not the replacement Of existing facilities when the site,type or
extent Of the existing facilities is not thereby changed or increased.
(5) "Prevailing hourly rate of Nagel" means the wages paid generally, in the locality in which the public workt it
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 perwm pursuant to
a fund, plan or program, and the amount of the rate Of costs to the contractor or subcontractor which may be reasonably
orrticipated 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 bone 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
' axOfdanoe with the prevailing wage determinations of tht department. insofar as sections 290.210 to 290.340 are
oon0arned, may be discharged by the making of payments in cash, by the making of irrevocable contributions to trustees
Or third persons as provided heroin, by the assumption of an enforceable commitment to bear the costs Of a plan or
Program es provided herein,or any combination thereof,where the aggregate of such payments,contributions and Costs is
"Ito 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 pan by public funds.
'
471 "Public works"means all fixed works constructed for public use of 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 stivict commission or other public authority whether or not it be done under public supervision of
diraCwion or paid for wholly or in part out Of public funds, when let to contract by said utility. It does not include any
work done for or by any drainage or levee district.
(tl 'Workmen"means laborers,workmen and mechanics.
' 290.220. Policy declared. — It is hereby declared to be the policy of the state of Missouri that a wage of no tees than
the prevailing hourly rats 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 public body engaged in public works exclusive of maintenance wok.
290.230. Prevailing wage rates required on construction of public works. - 1. Not less than the prevailing hourly
rote Of wages for work of a similar charactur in the localrr/in which the work is performed,and not less than the prevailing
'hourly rata of wages for legal holiday and overtime work, shall be Yard to all workmen employed by or on behalf of env
public body engaged in the construction of public works, exclusive of maintenance work. Only such workmen so are
directly employed by contractors or subcontractors in actual construction work on the site of the building or cordtruetron
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 #two
11mmsportaloon to the site of the construction,workmen engaged in this dual capacity,shall be deemed employed directly
on public works.
290.240. Department of tabor and industrial relations to enforce — make reputations. — 1. The depwnmant shall
inquire diligently as to any violation of sections 290.210 to 290310,shall institute actions for penalties herein prescribed.
and shall enforce generally the provisions of sections 290.210 to 290.110,
2. The department may mte4lish rules and regulations for the purpose of carrying out the provisions of saetrons
290.210 to 290340.
290.250. Prevailing wage, incorporation into contracts••failure to pay. Penalty ••complaint of violation,public body
or prime contractor to withhold payment. — Every public body authorr.,ed to contract for or construct public works,
before advertising for bids or undertaking such consttur!ron shall request the department to determine the prevailing rates
of wages for workmen for tl+e class or type of work called for by the public works,in the locality where the work is to be
performed. The department shall determine the prevailing hourly rate of wages in the locality in which the work is to be
performed (or each type Of workman requited 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
a�body shall then specify in the resolution or ordinance and in the call for bids for the contract,what is the prevailing hourly
T rate of wages in the locality for each type Of workman needed to execute the contract and also the general prevailing rate 1
for teal holiday and overtime work. It shall be mandatory upon the contractor to whom the contract is awarded and upon
iubcontraitor under him, to pay not less than the specified rates to all workmen employed by them in the execution
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 ail workmen performing worse 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 contractor 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 agientz and officers,to take cognizance of all complaints of all violations
Of the provisions of sections 290.210 to 290.340 committed in the course of the execution of the contract, and,when
nuking payments to the contractor 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 '
hoe already been made to him,the contractor:nay recover from firm the amount of the penalty in a suit at taw.
290.260. Determination of hourly rate for highway commission, when made, where filed, OblecI.ons,-haaring,
determination. — 1. The department, as it dams mcessary, 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 highway commission and shall
remain in effect until superseded by a new general wege order. In determining prevailing rates, the dcpanment shall
ascertain and consider the applicable wage rates established by collective bargaining agreements,if any,and the rates that '
We 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 shall be supplied by the depanment to all persons requesting them within ten days ,
after the filing.
I 3. At any time within thirty days aher the aenihed 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 detetmrnation Or the part
th#mf that he deems objectionable by filing a written notice with the department, stating the specific grounds Of the
objaetit►n,
2
4. Within thirty days of Me receipt Of the Objection, the department shall set a date for a heating on the objection,
j The date for the hearing shall be within sixty days of thr receipt of the objection.Written notice of the time and place Of
the hearing shall be given 10 the objectors at least ten days prior to the date set for the hoping,
fie S. The denartrrtenf of its discretion may heat each written Objection separately or consolidate for heaing any two or
mon written objections. At the hearing the department shall first introduce in evidence the investigation it instituted and
Ow other facts which were considered at the time of the original determination which formed the bases for its
determination. The department, or the objector, of any interested party, thereafter may introduce any evidence that is
enatMial to the iuues.
0. Within twenty days of the conclusion of the hearing,the department must rule on the written Objection and make
tM 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 end 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 is subject to review in accordance with
this provisions of chapter 536, RSMo. Any person affected, whether or not the person participated in the proceedings
resulting in the final determinations, may hour 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
paRiCipotinp in the administrative proceedings resulting in the final determination.
�. At any time before trial any person affected by the final determination of the department may intervana 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 deppirnent under the provisions of sections 290.210
to 290.340 shall have priority in hearing and determination over all other civil proct�dings pending in the court, except
election contests.
290.263. Hourly wage must equal or exceed federal minimum wage. —The hourly wages to be paid as prescribed in
section 290.250 to workmen upon public works shall not be less then the ininimum wage specified under Section 6(al (1)
of the fair Libor Standards Act of 1936,in 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 workman shall be employed on the public works.
290.270. Declaration as to prevailing wages final — maximum wages and hours not limited. — The finding of the
department ascertaining and declaring the prevailing hourly rate of wages shall be final for the locality, unless reviewed
under the provisions of sections 290.210 t0 290.340.Nothing in sections 290.210 to 290.340,however,shall be construed
to prohibit the payment to any workman employed on any public work of more than the prevailing rate of wages.Nothing
in sections 290.210 to 290.340 shall be construed to limit the hours of work which may be performed by any workman in
any particular period of time.
290.280. Administration of oaths — subpoenas —enforcement of subpoenas.—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 at all books,records,and other evidence relative to any molter
Under inrrstigetion or hearing. The subpoena shall be signed and issued by the department's authorized representative.In
Casa of failure of any person to comply with any subpoena lawfully issued under this section,or on the refusal of any
witness to produce evidence or to testify to any matter regarding which hit may be lawfully interrogated,the authorized
• :tentative of the department may proceed to enforce obedience to the subpoenas in the manner provided by section
.077. RSMo, for administrative agencies. The authorized representative of the department shalt have the power to
certity to official sets.
290.290. Contractor's payroll records, contents — affidavit Of compliance required, — 1. The contractor and each
subcont?Wor 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 on
accurate record of the number of hours worked by each workman and the actual wages paid therefor.The payroll records
fequirod to be so kept Mall be open to inspection by any authorized representative of the contracting public body Of of
the department at any reasonable time and as often as may be necessary and such records shall not be destroyed or
r'ornoved from the state for the period of one year following the completion of the public work in connection with which
IN records are made.
1
2, Each Contractor and suboonenclor shall file with the contracting public body upon Completion of the puWle
work and prior to final ayrnent therefor an affidavit rating that he had fully complied with the provisions arm
Mukenwonts of this chapter,and no public body shall be authorized to make final payment until such affidavit h filed
11m-with In propw form and Deer.
290.300. Actions for prevailing wQ►s by workmen authonted — Any workman employed by the contracyor or by
any, subcontractor under the contractor who%hall be Laid for has services in a sum lest than the stipulated rates for work
dote under the contract,shall have a right of action fa double whatever difference there may be between the amount so
paid and the rater provided by the contract together with a reasonable attorney's fee to be determined by the court,and
an action brought to recover same shell be d.emed to be a suit for wages,and any and all judgments entered therein aide
have the same force and effect as other judgments for wages,
290.30S. Rabstes by workmen prohibited, exceptions. — No person, firm or corporation shalt violate the wage
provisions Of any Contract contemplated in sections 290.210 to 290.310 or suffer or require any employee to work for law
then the rate of wage%so fixed,or violate any of the provisions contained in sections 290.210 to 290.310.Where workmen
am employed and their rate of wages has been determined n provided in sections 290.210 to 290.310,no person,either
for himself or any other person,shall request,demand Of receive,either before or aher such workman is engaged,that such
workman pay back,return,donate,contribute,or give any part or all of said workrran's wages,salary,of thing of value,to
any person, upon the statement, representation. or understanding that failure to comply with such reCuer or demand will
prevent such workman from procuring or retaining employment,and no person shell,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.
290.310. Penalties - Any officer, agent Of representative of any public body who willfully violates,or omits to �e
comply with, any of the provisions of sections 290.210 to 290.310 and any contractor or subcontractor,at agent or
representative thereof,.doing public work who neglects to keep an accurate record of the names,occupation and actual
wages paid to each workman employed by him,in connection with the public work or who refuse%to allow access to sane
at any reasonable hour to any person authorized to inspect same under v.ction 290.210 to 290210 shall be punished by a
fine not exceeding five hundred dollars, of by imprisonment not exceeding six months, of by both such fine and
Imprisonment.1290.210 to 290.310 inclusive,effective August 29. 19571
290.315. Deductions from wagm. Nreemrent to be written, approval of public body required. —And 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 legat tender,without any Deduction for food,sleeping accommodations, transpomion, use of
urall tool't,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 it submitted by the employer to the public body
awarding the contract and the same is app►ovud by such public body as fair and reasonable.
290.320. Advartisrn for bids before prevailing vrege 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 eonn►uctron,to have the department determine the prevailing rates of wages of workman for each
deal of work celled for by the public works in the locality where the work is to be performed as•provided in sections
290.210 to 290.310.
290.325. Awarding pontrncT or payment without prevailing rwege determinations prohibited. — No public body,
officer,Official,member,ae K representative thereof authorized to contract for public works shall award a contract for
the Construction of such ir• hment or disburse any funds on account of the construction of such public improvement,
unloo such public body kt hod the deportment determine the prevailing rotas of wages of workman for the Claw Of
work called for by such ph works in the locality where the work is to be performed and such determination hall been
crude a pan of the specifrcat,zinc and contract for such public works.
290.330. Convicted violators of sections 290210 to 290.340 listed,effect of. The department aher 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 have been prosecuted and convicted for violations of sections 290.210 to 290.340 and such contractor Or
oubeontroclor or simulations thereof, shall be prohibited from contracting directly of indirectly with any public body for
the Construction of any public works or from performing any work on the erne 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 subsectuenl violation and conviction thereof. No public body shall award a contract for a public wOfks to any '
contractor or subcontractor, or simulation thereof, during the time that its name appears on said lest. The Sling of the
notice of Conviction with the secretary of state shall be notice to all public bodies and their officer%, officials,momben,
apenb and repmantirtives.
2f1t0.336. Notice of violation, failure to mnclX,•ttaney 9erwral shat) sue, bniun0tive relief uthaited, — M It M
found that a public body, contractor or subcontractor has not complied with any of the terms of"Cthons 250,210 to
290.340. the depwtment ftli give notice of the precise violation in writing to such public body, contractor or
tuboommmor. Sufficient time may be allowed for compliance Owrtwith as the department deems necessary.After the
expfretlon Of the time preeerlbed in said notice,the clow"ienl man in writing inform the attorney general of the tan tact
rich notice has been given and that the public body,contractor or subcontractor or the authorised representative w agent
' thereof to whom It was directed has rw)t complied with such notice. Upon receipt thereof.the attorney general shall at the
Wlaat possit)ll time bring suit in the name of the state in the circuit court of the county in which such public body is
boated or wMre any such contractor or subcontractor Is engaged in any public works to enjoin the wvard of such contract
for a public works,or any further work or payr*rents thereunder if the contract has been ewerded,until the requirements
of such notice are fully complied with.The coup may issue a temporary restraining order with due notice to the defendant
In such action.The plaintiff shall in any such bnjunctiva ration post an adequate bond to be sat by the 6rcuit judge,Upon
f1nal Nearing thereof, If the court is satisfied that the requirements of the notice by the department to the defendant were
not unrgronabia or arbitrary, it shad issue an order enjoining the Wvardinq of such contract for a public works.or any
further work or piayrnents thereunder 0 the contraM has ban 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 ecrnplied with
and the court"it have rid exercise with retpai t to the enforcement of such injunctions NI the power in it In other similar
wee. both the plaintiff and defendant In such action have the tame rights of appeat at are provided by taw In otter
Injunction proceedinge.
290.3x0. Penalty for violation. — Any officer, official, member, pent of representative of any public body,
Contractor or subcontractor who willfully violates and omits to comply with any of the provisions and requirement of
sections 290.210 to 290.340 shall be punished for each violation thereof by a fine not exceeding five hundred dollar.Cr
by imprisonment not exceeding six months, or by both such fine and imprisonment.Each day such violation Or omission
Continues Nall constitute a separate offense as contemplated by this sactron.
(L..1969,S.f1.142)
t
r
STATE OI MISSOURI atrr"l"r L,ro"o
f :� =�'• DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
' � ,, '•' AOA•1NIItT11A C.0 AR fTANT
t l DIVISION Of- LABOR STANUAFtUS ,"{o" ftAMAN
722 JEFFERSON STREET A{aT.oi".r"oc"AMS
.»,.. R.O.ROX M9 DONALD O.OAVI{
JF. 1°rRSnN a*rY.NiS5nUR1 6St02 AIfT.CIA..INSPICTION ftCTInN
rnln•..• Amon S
°OyaA"1O" TELEPHONE AREA 314.751.3403 "�{L fLU{
AMT.01"„r"f VAILIND"IAOf
July 1 , 1978
RE: General Wage Order No. 22 (July 1, 1978)
issued by the Division of Labor Standards
for the Missouri State Highway Commission
The following prevailing hourly wage rates and fringe benefits
for the crafts indicated in the designated localities constitute •
the general wage order contemplated by Section 290. 260, Revised
Statutues of Missouri, 1969.
Please be advised that a certified copy of the subject wage
order has been filed today with the Secretary of State of
Missouri. It shall be applicable from this day forward to
all public works projects under the jurisdiction of the Mis-
souri State Highway Commision until superseded as provided
by law.
DIVISION OF LABOR STANDARDS
Herbert L. Ford
S E A L
A True Copy. Attest:
Melba Smart
FUNCTIONS OF THE DIVISION: Wages, Hours and Oislnistal Flights.Child Labor; Theatrical looking Agency Licensing; Mine InumilAn;
Prevailing Wage Law; Accident Inspection (Safety and Health)
U.S. Department P t of Labor
General Wage Determination Decisions
Federal Register : Vol . 43, No. 98
Decision No. M078-4053
21798 INOTICES
14510-VI as required by an applicable Federal MODIFICATIONS TO GENERAL WAGE
DEPARTMENT OF LABOR prevailing wage law and 29 CFR. Part DETERAiIXATION DECISIONS
6. The wage rates contained therein The numbers of the decisions being
tmploymont Standards Administro;lon shall be the ininftum paid under such modified and their dates of publica-
MINIMUM WAGES FOR FEDERAL AND contract by contractors and subcon• Lion in the FEDERAL REGISTER are listed
FEDERALLY ASSISTED CONSTRUCDON tractors on the work.
with each State.
Oanerol Wage 0starminatian Dsdsions MODIFICATIONS AND SrpnsEDEAS Disci• nela.m,
General Wage Determination Deci• SIONS TO GENERAL WAG¢ DETERMINA• DE774134 Sept.go,1077.
sions of the Secretary of Labor spec!. TION DECISIONS llorlda
® rla7-1142- Dec.3,1077.
fy, in accordance with applicable law -
Modlflcatlona and Superseders Dec!• nunols.
and on the basis of information avail&- slons to General Wage Determination IL78-2043;M78-2044;11.7a }ass.34.1078.
ble to the Department of Labor from Decisions are based upon information W48;45; L78.2048;IL78-
its study of local wage conditions and obtained concerning changes in pre. 206 .n 7e sa0.n.78-
Iron, other sources, the basic hourly valling hourly wage rates and fringe Lndlaaa
wage• rates and fringe benefit pay benefit payments since the decisions IN78-ss,w7e 3030; xar.1o.107e.
nlents which are determined to be Pre- were issued. W76-2020;n+'ee 3013
valline for the described classes of la- The determinations of prevailing 852Ii78-IObI, ease,34.1078.
borers and mechanics employed in rates and fringe benefits made in the II,ouls(ana:
construction activity of the character Modifications End Supersedeas Dec1• I.A78�o13._ _ _ _... ._ Feb.17,1975.
and in the localities specified therein. LA78-4033.... ___� Sear 13.1078.
The determinations in these deci• the have been made by authority to chic:
the Secretary of Labor pursuant to 0878-200e...._....- Peb.24.1078.
sions of Such prevailing rates and the provisions of,the Dat44-Bacon Act Pf nmY1` nia'
Cringe be:ntfits have been made by au- of March 3, 1931, as amended (46 Stat. YA78-3014....-.....- ..-.-...... 11&3.24.1078.
thority tit the Secretary of Labor pur- Tease:
suant to the provisions of the Davis-' 1494, as amended, 40 U.S.C. 276a) and zz77-X38+....................._.._ Sept.10.1977.
Of other Federal statutes referred to in TX784028;TZ7"30; Apr.14,1078,
Bacon Act of March 3, 1931, as amend- 29 CFR 1.1 (including the statutes Tx784031;TX78-4038;
t d (46 Stat. 1494, as amended, 40 listed at 36 FR 308 following Secretary TTXIS 04i.TZ7a 453;
U.S,C. 216a)and of other Federal state of Labor's Order No. 24-70)containing Virsenc.:
utes referred to in 29 CFR 1.1 (includ- provisions for the payment of wages VA7W038......-.» ._...... Apr.38.1078,
Ing the statutes listed at 36 FR 306 fol• which are dependent upon det.ermina• W�ng3'on.D..C�» .» _ Mar.17,107e.
lowing Secretary of Labor's Order No. tion by the Secretary of Labor under Wisconsin;
24-70) containing provisions for the the Davis-Bacon Act; and pursuant to w177-2105;WI77-2109._..... July 22,1077,
payment of wages which are depend- the provisions of Part 1 of Subtitle A
ent upon det.ermination by the Secre- of Title 29 of Code of Federal RegWa• SIIPERSEDEAS DECISIONS To GENERAL
tary of Labor under the Davis-Bacon tions, Procedure for Predetermination WAGE DETER111NATION DECISIONS
Act,and pursuant to the provisions of of Wage Rates (31 FR 21138) and of The numbers of the decisions being
Part 1 of Subtitle A of Title 29 of Code Secretary of Labor's Orders 13-71 and superseded and their dates of publica-
of Federal Regulations, Procedure for 15-71 (36 FR 8755, 8756). The prevail- tion in the FEDERAL.REGISTER are listed
Predetermination of Wage hates (37 Ing rates said fringe benefits deter- with each State.
FR 21138) and of Secretary of Labor's mined in foregoing General Wage De- Supersedeas Decision numbers are in
Orders 12-71 and 15-71 (36 FR 8755, termination Decisions, as hereby modi- parenthesis following the numbers of
8756). The prevailing rates and fringe fied, and/or superseded shall, in ac• the decisions being superseded.
benefits determined in these decisions cordance with the provisions of the
shall, in accordance with the provi- foregoing statutes, constitute the Mary1md
sions of the foregoing statutes, Conti- minimum wages payable on Federal keourlsoaocr�7e-30481,.._ Sena 24,107e.
tute the minimum wages payable on and federally assisted construction 1KMO�279(MO7&4063)..__ Sept.30.1977.
Federal and federally assisted con- projects to laborers and mechanics of Tenne..ee:
struction projects to laborers and me- the specified classes engaged in con- TN78-1o42tT7i•r8-1049)........ Apr.14.1978.
chanics of the specified classes en- tract work of the character and in the TN78-1132(TN78-I048)..._ Oct.7,1978.
gaged on contract work of the charac- localities described therein. CANCMA ATIOlt OF GENMPAL WAGE
ter and In the localitles described Modificatlons and Supersedeas Deci• DrrERMINATION DECISIONS
therein. sions are effective from their date of General Wage Determination Deci-
Good cause is hereby found for not publication in the FEDERAL RaGIsTER Sion No. AL76-1002, Montgomery
utilizing notice and public procedure w m
without limitation as to time and are County, Alabama Is cancelled. men-
thereon prior to the issuance of these to be used in accordance with the pro- etas with residential building construe-
determinations as prescribed in 5 visions of 29 CFR Parts 1 and 5.
V.S.C. 553 and not providing for delay Any person, organization, or govern- tion projects pending in this County
in effective date as prescribed in that mental agency having an interest in should utilize the Regulations Part 1
section, because the necessity to issue the wages determined as prevailing is (29 CFR), section 1.5. Contracts for
construction industry wage determina- encouraged to submit wage rate infor- which bids have been opened shall not
tion frequently and in large volume mation for consideration by the De- be affected by this notice, and consist-
causes procedures to be Impractical partment. Further information and ent with 29 CFR 1.7(b)(2), the incorpo-
d contrary to the public interest. self-explanatory forms for the purpose ration of Decision No. AL76-1002 in
General Wage Determination Decl- of submitting this data may be ob- contrast specifications the opening of
ions are effective from their date of tained by writing to the U.S. Depart- bids for which !a within ten (l0) days
publication in the FEDERAL REGISTER ment of Labor, Employment Stand• of this notice need not be affected,
Stand-
without limitation as to time and are ards Administration, Office of Special
to be used in accordance with the pro- Wage Standards,Division of Wage De. Signed at Washington, D.C., this
visions of 29 CFR Parts 1 and 5. Ac. terminations, Washington, D.C. 20210. 12th day a May 1978.
cordingly, the applicable decision to- The cause for not utilizing the rule-
gether with any modifications issued making procedures prescribed In 5
llubsequent to Its publication date DOROTHY P. COME,
shall be made a part of every contract V.S.C. 553 has been set forth in the ActinDAssistant
for performance of the described work original General Wage Determination Administrator,
within the geographic area indicated Decision. Wage and Hour Division.
FEDERAL REGISTER, VOL 41, U0. 91—FRIDAY, MAY 1t, 1971
A
NOTICES 21815
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21824
NOTIOS
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1.Ll Li..
AFFIDAVIT
COMPLIANCE WITH THE PREVAILING WAGE RATE STATUTE
(The general contractor and each subcontractor must file this
affidavit with the Owner upon completion of the work before
final payment for the work can be made . )
State of Missouri )
ss.
County of )
of ,
(Name (Owner or Officer) Construction Co .
first being duly sworn on oath, deposes and says that
has fully complied with the provisions and
Construction Co.
requirements of Chapter 290 . 210-290 . 340 RSMo . 1969 , as amended,
dealing with Prevailing Wages on Public Works .
Contractor
By
Title _
SEAL
On this day of 19 before me , the undersigned, a
Notary Public , personally appeared
to me known to be the person who execute t e oregoing instrument,
and acknowledged that executed the same as free act and
deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal at my office in the day and year last above written.
Notary Public in and for said
County and State
tMy term expires :
D-1
111869
(Mo . )
PART D - CONTRACT
STATE OF Missouri )
)ss
COUNTY OF Cole )
THIS AGREEMENT AND INDENTURE made and entered into this, the
day of , 19 by and between
party of the first part , termed in this agreement and the
specifications as the "Owner" , and
party of the second part , termed in this agreement and the
specifications as the "Contractor" .
WITNESSETH:
THAT, WHEREAS, the Owner has heretofore caused to be prepared
certain contract documents comprising the Notice to Bidders ,
Instructions to Bidders, Proposal Form, Bond Forms , Contract Form,
Regulations of the Contract and the Specifications and Plans for
furnishing material and constructing improvements therein fully
described, and the Contractor did, on the day of
, 19 file with the Owner a Proposal
to furnish said materials and construct said improvements at the
terms therein fully stated and set forth; and
1 WHEREAS, the said contract documents and proposal accurately and
fully describe the terms and conditions upon which the Contractor
is willing to furnish the material, construct the improvements ,
and pay not less than the "prevailing wages" called for by the
said specifications and in the manner and time of furnishing
and constructing same,
IT IS THEREFORE AGREED:
FIRST--That a copy of said contract documents and proposal filed
as aforesaid are a part hereof and that the same do in all
particulars become the agreement and contract between the par*•ies
hereto in all matters and things set forth therein and described;
that both parties hereby accept and agree to the terms and con-
ditions of said contract documents and proposal so filed; and
further that the part or parts of the proposal accepted and the
compensation therefor are as follows :
D-2
111869
(Mo. )
CONTRACT: (Continued)
SECOND--The Contract documents and proposal hereto annexed are
made a part of this agreement and contract as fully and absolutely
as if herein set out in haec verba.
THIRD--This Contract is executed in •-ten "Eies with distri-
bution as specified in the Regulations of the Contract.
IN FAITH WHEREOF, Witness the hands and seals of both parties
on the day and year in this agreement first above written.
ATTEST: Owner
By
Title
Approved as to form: SI
Attorney. for the Owner
ATTEST: Contractor
By
Approved as to form:
Attorney for the Contractor
I:C Contractor is not an individual, authority for signing
contract must be shown or attached.
PB-1
PERFORMANCE AND ONE YEAR GUARANTEE BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
hereinafter referred to
as "Contractor" , and
a Corporation organized under the laws of the State of
and authorized to transact business in the
State of , as Surety, are held and firmly bound
unto the
hereinafter referred to as "Owner" in the penal sum of
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 heirs, executors , administrators , successors , .
and assigns, jointly and severally by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT:
WHEREAS, the above bounden Contractor has , on the dad•
of , 19 , entered into a written contract with
the a oresaid Owner for furnishing all materials , equipment , tools ,
superintendence , labor and other facilities and accessories , for
the construction of certain improvements as designated, defined and
described in the said Contract and the Conditions thereof, and in
accordance with the specifications and plans therefor; a copy of
said Contract being attached hereto and made a part hereof:
NOIi THEREFORE, if the said Contractor shall and will , in all
particulars , well , duly and faithfully observe , perform and abide
by each and every covenant, condition, and part of the said Contract ,
and the Conditions , Specifications , Plans , Prevailing Wage Law and
other Contract Documents thereto attached or , by reference, made a
part thereof, according to the true intent and meaning in each case,
and if said contractor shall replace all defective parts , material
and workmanship for a period of one year after acceptance by the
Owner, then this Obligation shall be and become null and void; other-
wise it shall remain in full force and effect .
PWL-Mo-73
PB-2
PROVIDED FURTHER, that if the said Contractor fails to duly pay
for any labor , materials , sustenances , provisions , provender,
gasoline, lubricating oils , fuel oils , greases , coal repairs ,
equipment and tools consumed or used in said work, groceries and
foodstuffs , and all insurance premiums , compensation liability,
and otherwise , or any other supplies or materials used or con-
sumed by such Contractor or his, their, or its subcontractors in
performance of the work contracted to be done , the Surety will
pay the same in any amount not exceeding the amount of this
Obligation, together with interest as provided by law:
PROVIDED FURTHER, that the said Su.,ety, for value received, hereby
stipulates and agrees that no change , extension of time , alteration,
or addition to the terms of the contract , or the work to be performed
thereunder , or the specifications accompanying the same , shall in any
wise affect its obligation on this bond and it does hereby waive
notice of any change , extension of time, alteration, or addition to
the terms of the contract, or to the work, or to the specifications :
PROVIDED FURTHER, that if the said Contractor fails to pay the pre-
vailing hourly rate of wages , as shown in the attached schedule, to t
any workman engaged in the construction of the improvements as
designated, defined and described in the said contract , specifica-
tions and conditions thereof, the Surety will pay the deficiency
and any penalty provided for by law which the contractor incurs by
reason of_ (his/its) act or omission, in any amount not exceeding the
amount of this obligation together with interest as provided by law:
•IN TESTIMONY WHEREOF , the said Contractor has hereunto set his hand,
and the said Surety has caused these presents to be executed in its
name, and its corporate seal to be hereunto affixed, by its attorney-
in-fact duly authorized thereunto so to do , at
on this the —T9 day of ,
SURETY COMPANY CONTRACTOR
By (SEAL) By (SEAL)
BY (SEAL)
(Attorney- in- act
By (SEAL)
(State Representative)
(Accompany this bond with Attorney- in-Fact ' s authority from the Surety i
Company certified to include the date of the bond. )
PWL-Mo-73
IC- 1
77035
® INSURANCE CERTIFICATION
Honorable Mayor & City Council
City Hall
Jefferson City, :Missouri
Re : Insurance coverage during construction work on
Stadium Boulevard (Hwv. 54 to Leslie Blvd. ) ,
Jefferson City, ?Missouri
Gentlemen:
The undersigned is an authorized representative of
_ insuring company for
Contractor , for and
during the entire eriod of construction on Stadium Boulevard (Hwy.
54 to Leslie Blvd.5 for the City of Jefferson, Missouri .
In compliance with the Street Improvements Contract ,.:"-'.*. ,.•..
10between
-and the City of e erson we attach a Certificate of nsurance
signed-by--an- authorized representative of our Company which details
the exact amounts of coverage insured by us for
under the contract herein a ore mentioned
and which in every particular complies with the requirements of
insurance set forth in aforesaid contract, a copy of which insurance
requirements is attached hereto after having been fully read and
checked for compliance by this Company. Further , any exclusionary
clauses or portions of any insuring agreement creating coverages
relating to the aforesaid contract which specify that certain events
or occurrences are not covered by any policy, are identified clearly
and explained in attached exhibits . There are no exclusionary clauses
in any insuring agreement other than those so identified .
(Insurance Company) (Seal)
(Authorized epresentative
Date
FEDERAL AID PROVISIONS
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
t
REQUIRED CONTRACT PROVISIONS
® FEDERAL-AID CONSTRUCTION CONTRACTS
(EXCLUSIVE OF CERTIFICATION ACCEPTANCE AND APPALACHIAN CONTRACTS)
Page in conspicuous places, available to employees and applicants for
L Application _ __—_ I employment, notices to be provided by the State highway depart.
II. Equal Opportunity r ~N M
_________.______ ___ __-- 1 vent setting forth the provisions of this nondiscrimination clause.
M. Nonsegregated Facilities b. The contractor will, in all solicitations or advertisements for
________________,M_���_ 2 employees placed by or on behalf of the contractor,state that all
IV. Payment of Predetermined Minimum Wages ________� 2 qualified applicants will receive consideration for employment
V. Statements and Payrolls ---------------------------— 3 without regard to race, color, religion, sex, or national origin.
VI. Record of Materials, Supplies and Labor ------_---— 3 c. The contractor will send to each labor union or representative
VII. Subletting or Assigning the Contract --------------_ 4 of workers with which he has a collective bargaining agreement or
VIII. Safety; 'Accident Prevention ________________________ 4 other contract or understanding, a notice to be provided by the
DL False Statements Concerning Highway Projects 5 State highway department advising the said labor union or work•
ere representative of the contractors commitments under this sec-
X. Implementation of Clean Air Act and Federal Water tion II-2 and shall post copies of the notice in conspicuous places
Pollution Control Act _______________________________ 6 available to employees and applicants for employment.
1. APPLICATION d. The contractor will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations
1. These contact provisions shall apply to all work performed (41 CFR, Part 60) and relevant orders of the Secretary of Labor.
on the contract by the contractor with his own organizaion and e. The contractor will furnish all information and reports re-
with the assistance of workmen under his immediate superintend- quired by Executive Order 11246 of September 24, 1965, and by
ence and to all cork performed on the contract by piecework, rules, regulations and orders of the Secretary of Labor, or pur.
station work or by subcontract. %uant thereto, and will permit access to his books, records and
2. The contractor shall insert in each of his subcontracts all accounts by the Federal Highway Administration and the Secre•
of the stipulations contained in these Required Contract Provi• tary of Labor for purposes of investigation to ascertain compliance
lions and also a clause requiring his subcontractors to include with such rules, regulations and orders.
these Required Contract Provisions in any lower tier subcon• f. In the event of the contractor's noncompliance with the non•
tracts which they may enter into, together with a clause requir. discrimination clauses of this contract or with any of the said
ing the inclusion of these provisions in any further subcontracts
that may in turn be made. The Required Contract Provisions rules, regulations or orders, this contract may be canceled, termi-
nated or suspended in whole or in part and the contractor may be
shall in no instance be incorporated by reference. declared ineligible for further Government contracts or Federally-
3. A breach of any of the stipulations contained in these assisted construction contracts in accordance with procedures
Required Contract Provisions may be grounds for termination authorized in Executive Order 11246 of September 24, 196, and
of the contract. such other sanctions may be imposed and remedies invoked as
4. A breach of the following clauses may also be grounds for provided in Executive Order 11246 of September 24, 1965, or by
debarment as provided in 29 CFR 5.6(b): rule, regulation or order of the Secretary of Labor, or as other.
wise provided by law.
Section 1, paragraph 2;
IV, paragraphs 1, 2,3, S and ?; B. The contractor will include the provisions of this Section II-2
Section
Section V, paragraphs I, S 5 and Sd in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
section 204 of Executive Order 11246 of September 24, 1965, so
11. EQUAL OPPORTUNITY that such provisions will be binding upon each subcontractor or
1. Selection of Labor: vendor. The contractor will take such action with respect to any
subcontract or purchase order as the State highway department or
During the performance of this contract, the contractor shall the Federal Highway Administration may direct as a means of en•
not discriminate against labor from any other State, possession or forcing such provisions including sanctions for noncompliance:
territory of the United States. Provided, however, that in the event a contractor becomes involved
Z Employment Practices: in, or in threatened with litigation with a subcontractor or vendor
as a result of such direction by the Federal Highway Administra•
During the performance of this contract, the contractor agrees lion, the contractor may request the United States to enter into
follows: such litigation to protect the interests of the United States.
L The contractor will not discriminate against any employee or 3. Selection of Subcontractors, Proeurement of Materials,
applicant for employment because of race, color, religion, sex, or and Leasing of Equipment:
national origin. The contract will take affirmative action to en-
sure that applicants are employed, and that employees are treated itself, its ae per and successors in interest (hereinafter referred
during employment without regard to their race, color, religion,
sex.or national origin. Such action shall include, but not be lim. to as the contractor") agrees as follows:
ited to the following: employment, upgrading, demotion or trans- a. Compliance With Regulations: The contractor shall comply
fer; recruitment or recruitment advertising; layoffs or termination; with the Regulations relative to nondiscrimination in federally.
rates of pay or other forms of compensation; and %,election for assisted programs of the Department of Transportation, Title 49,
' training, including apprenticeship. The contractor agrees to post Code of Federal Regulations, Part 21, as they may be amended
Form PR-1273-4revious editions on obsolete. Page 1
(Rw. P-731
1
from time to time, (hereinafter referred to as the Regulations), segregated facilities at any of his establishments, and that he will '
which are herein incorporated by reference and made a part of not permit his employees to perform their services at any location,
this contract. under his control, where segregated facilities ate maintained. He
b. Nondiscrimination: The contractor, with regard to the work agrees that a breach of this certification is a violation of the Equal
performed by it during the contract, shall not discriminate on Opportunity clause in this contract. As used in this certification,
the grounds of race, color, sex or national origin in the-selection the term "segregated facilities" means any waiting rooms, work
and retention of subcontractors, including procurements of ma- areas,restrooms and washrooms,restaurants and other eating areas,
terials and leases of equipment. The contractor shall not partici. timeclocks,locker rooms and other storage or dressing areas, park-
pate either directly or indirectly in the discrimination prohibited ing lots, drinking fountains, recreation or entertainment areas,
by section 21.5 of the Regulations,including employment practices transportation,and housing facilities provided for employees which
when the contract covers a program set forth in Appendix B of are segregated by explicit directive or are in fact segregated on
the Regulations the basis of race,creed,color,or national origin,because of habit,
local custom, or otherwise. He agrees that (except where he has
c. Solicitations for Subcontracts, Including Procurements of obtained identical certifications from proposed subcontractors and
Materials and Equipment: In all solicitations either by competi. material suppliers for specific time periods), he will obtain iden-
five bidding or negotiation made by the contractor for work to be tical certification from proposed subcontractors or material sup-
performed under a subcontract, including procurements of ma. pliers prior to the award of subcontracts or the consummation of
terials or leases of equipment, each potential subcontractor or material supply agreements, exceeding 310,000 which are not
supplier shall be notified by the contractor of the contractor's exempt from the provisions of the Equal Opportunity clause, and
obligations under this contract and the Regulations relative to that he will retain such certifications in his files.
nondiscrimination on the grounds of race, color, sex or national
origin. IV. PAYMENT OF PREDETERMINED MINIMUM WAGES
d. Information and Reports: The contractor shall provide all 1. General
information and reports required by the Regulations, or direc.
fives issued pursuant thereto, and shall permit access to its books, All mechanics and laborers employed or working upon the
records, accounts, other sources of information and its facilities trite of the work will be paid unconditionally and not less often
as may be determined by the State highway department or the than once a week, and without subsequent deduction or rebate on
Federal Highway Administration to be pertinent to ascertain any account (except such payroll deductions as are permitted by
compliance with such Regulations or directives. Where any infor- regulations issued by the Secretary of Labor under the Copeland
mation required of a contractor is in the exclusive possession of Act (29 CFR, Part 3)), the full amounts due at time of payment
another who fails or refuses to furnish this information the con• computed at wage rates not less than those contained in the wage
tractor shall so certify to the State highway department, or the determination decision of the Secretary of Labor which is attached
Federal Highway Administration as appropriate, and shall set herrto and made a part hereof, regardless of any contractual re-
forth .what efforts it has made to obtain the information. lationship which may be alleged to exist between the contractor
e. Sanctions for Noncompliance: In the event of the contractor's and such laborers and mechanics; and the wage determination
noncompliance with the nondizcrimination provisions of this con. decision shall be posted by the contractor at the site of the work
tract, the State highway department shall .impose such contract in a prominent place where it can be easily seen by the workers
V.r.sanctions•as it or the Federal-Highway Administration may deter- For the purpose of this clause,contributions made or costs reason-
mine,to be appropriate, including, but not limited to: ably anticipated under section 1(b)(2) of the Davis-Bacon Act on
(lr withholding of payments to the contractor under the behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of Section N,
contract until the contractor complie and/or paragraph 3b, hereof. Also for the purpose of this clause; regular
(2) cancellation, termination or suspension of the contract, contributions made or costs incurred for more than a weekly
in whole or in part. period under plans, funds, or programs, but covering the par-
f. Incorporation of Provisions: The contractor shall include the titular weekly period, are deemed to be constructively made or
provision of this paragraph 3 in every subcontract, including pro- incurred during such weekly period.
curements of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The con- 2. Classification:
tractor shall take such action with respect to any subcontractor or a. The State highway department contracting officer shall
procurement as the State highway department or the Federal require that any class of laborers or mechanics, including appren-
Highway Administration may direct as a means of enforcing such tices and trainees, which is not listed in the wage determination
provisions including sanctions for noncompliance: Provided, how- and which is to be employed under the contract,shall be classified
ever, that, in the event a contractor becomes involved in, or is or reclassified conformably to the wage determination, and a re-
threatened with, litigation with a subcontractor or supplier as a port of the action taken shall be sent by the State highway
result of such direction, the contractor may request the State department contracting officer to the Secretary of Labor.
highway department to enter into such litigation to protect
the interests of the State, and, in addition, the contractor may b. In the event the interested parties cannot agree on the
request the United States to enter into such litigation proper classification or reclassification of a particular class of la-
to protect the interests of the United States. borers and mechanics, including apprentices and trainees, to be
used, the question accompanied by the recommendation of the
{{{. NONSEGREGATED FACILITIES State highway department contracting officer shall be referred to
the Secretary for final determination.
(Applicable to Federal aid construction contracts and related
subcontracts exceeding $10,000 which are not exempt from the 3. Payment of Fringe Benefits:
Equal Opportunity clause.) a. The State highway department contracting officer shall
By submission of this bid, the execution of this contract or sub• require, whenever the minimum wage rate prescribed in the con-
contract, or the consummation of this material supply agreement, tract for a class of laborers or mechanics includes a fringe benefit
as appropriate,the bidder, Federal-aid construction contractor,sub- which is not expressed as an hourly wage rate and the contractor
contractor, or material supplier, as appropriate, certifies that he is obligated to pay a cash equivalent of such a fringe benefit, an
does not maintain or provide for his employees any segregated fa- hourly cash equivalent thereof to be established. In the event the
cilities at any of his establishments, and that he does not permit interested parties cannot agree upon a cash equivalent of the
his employees to perform their services at any location, under his fringe benefit, the question, accompanied by the recommendation '
control, where segregated facilities are maintained. He certifies of the contracting officer, shall be referred to the Secretary of
further that he will not maintain or provide for his employees any Labor for determination.
Page 2 Form PR-1273 (Rev. 9-751 ,
b. If the contractor does not make payments to a trustee or to utilise trainees at less than the applicable predetermined rate
other third person, he may consider as part of the wages of any for the work performed until an acceptable program is approved.
laborer or mechanic the amount of any costs reasonably antici• c. The utilization of apprentices, trainees and journeymen
pated in providing benefits under a plan or program of a type shall be in conformity with the equal employment opportunity
expressly listed in the wage determination decision of the Secre. requirements of Executive Order 11246, as amended, and 29
tary of Labor which is a part of this contract: Provided, however, CFR Part 30.
® the Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis-Bacon ti. Apprentices and Trainees (Programs of Department
Act have been met. The Secretary of Labor may require the of Transportation):
contractor to set aside in a separate account assets for the meet- Apprentices and trainees working under apprenticeship and
ing of obligations under the plan or program. skill training programs which have been certified by the Secretary
4. Payment of Excess Wages: of Transportation as promoting equal employment opportunity in
connection with Federal-aid highway construction programs are
While the wage rates shown are the minimum rates required not subject to the requirements of Section IV, paragraph 5 above.
by the contract to be paid during its life, this is not a represen. The straight time hourly wage rates for apprentices and trainees
tation that labor can be obtained at these rates. No increase in under such programs will be established by the particular pro-
the contract price shall be allowed or authorized on account of grams.
the payment of wage rates in excess of those listed herein.
7. Overtime Requirements:
5.,Apprentices and Trainees (Programs of Department No contractor or subcontractor contracting for any part of the
of Labor)t contract work which may require or involve the employment of
a. Apprentices will be permitted to work at less than the laborers, mechanics, watchmen or guards (including apprentices
predetermined rate for the work they performed when they are and trainees described in paragraphs 5 and 6 above) shall require
employed and individually registered in a bona fide apprentice- or permit any laborer, mechanic, watchman or guard in any work•
ship program registered with the U.S. Department of Labor, week in which he is employed on such work,to work in excess of
Manpower Administration, Bureau of Apprenticeship and Train- eight hours in any calendar day or in excess of forty hours in such
ing, or with a State Apprenticeship Agency recognized by the workweek unless such laborer, mechanic, watchman or guard re-
Bureau, or if a person is employed in his first 90 days of proba. ceives compensation at a rate not less than one and one-half times
tionary employment as an apprentice in such an apprenticeship his basic rate of pay for all hours worked in excess of eight hours
program, who is not individually registered in the program, but in any calendar day or in excess of forty hours in such workweek,
who has been certified by the Bureau of Apprenticeship and as the case may be.
Training or a State Apprenticeship Agency (where appropriate)
to be eligible for probationary employment as an apprentice. S. Violation: liability for unpaid wages; liquidated
The allowable ratio of apprentices to journeymen in any craft damages:
classification shall not be greater than the ratio permitted to the In the event of any violation of the clause set forth in psra-
contractor as to his entire work force under the registered pro- graph 7, the contractor and any subcontractor responsible there-
grarrt. Any employee listed on a payroll at an apprentice wage fore shall be liable to any affected employee for his unpaid wages.
rate; who is not a trainee as defined,in 29 CFR'5.2(c)(2) or iq An addition, such contractor and subcontractor shall be liable to
not'registered 'or' otherwise employed as stated above, shall be the United States (in the case of work done under contract for
paid the wage rate determined by the Secretary of Labor for the the District of Columbia or a territory, to such District or to such
clasgification of work he actually performed. The contractor or territory), for liquidated damages. Such liquidated damages shall
subcontractor will be required to furnish to the State highway be computed with respect to each individual laborer, mechanic,
agency or to a representative of the Rage-Hour Division of the watchman or guard employed in violation of the clause set forth
U.S. Department of Labor written evidence of the registration in paragraph 7, in the sum of S10 for each calendar day on which
of his program and apprentices aq well as the appropriate ratios such employee was required or permitted to work to,excess of
and wage rates (expressed in percentages of the journeyman eight hours or in excess of the standard workweek of forty hours
hourly rates), for the area of construction prior to using any without payment of the overtime wages required by the clause set
apprenticeq on the contract work. The wage rate paid ap. forth in paragraph 7.
prentices shall be not less than the appropriate percentage of the
journeyman's rate contained in the applicable wage determination. 9. Withholding for unpaid wages:
b. Trainees, except as provided in 29 CFR 5.15, will not be The State highway department contracting officer may with-
permitted to work at less than the predetermined rate for the hold or cause to be withheld from the contractor so much of the
work performed unless they are employed pursuant to and indi. accrued payments or advances as may be considered necessary to
vidually registered in a program which has received prior ap- pay laborers, mechanics (including apprentices and trainees)
proval, evidenced by formal certification, by the U.S. Department watchmen, or guards employed by the contractor or any subcon.
of Labor, Manpower Administration, Bureau of Apprenticeship tractor on the work the full amount of wages required by the
and Training. The ratio of trainees to journeymen shall not he contract. In the event of failure to pay any laborer, mechanic,
greater than permitted under the plan approved by the Bureau (including apprentices and trainees) watchman or guard employed
of Apprenticeship and Training. Every trainee must he paid at or working on the site of the work, all or part of the wages
not less than the rate specified in the approved program for his required by the contract, the State highway department contract.
level of progress. Any employee listed on the payroll at a trainee ing officer may, after written notice to the contractor, take such
Satpe who is not registered and participating in a training plan action as may be necessary to cause the suspension of any further
roved by the Bureau of Apprenticeship and Training shall be payment, advance, or guarantee of funds until such violations
paid not less than the wage rate determined by the Secretary of have ceased.
Labor for the classification of work he actually performed. The
contractor or subcontractor will be required to furnish the State 10. Withholding for liquidated damages:
highway agency or a representative of the Rage-Hour Division The State highway department contracting officer may with.
of the U.S. Department of Labor written evidence of the certifi- hold or cause to he withheld,from any moneys payable on account
cation of his program, the registration of the trainees, and the of work performed by the contractor or srtlicontractor, such sums
ratios and wage rates prescribed in that program. In the event as may administratively be determined to be necessary to satisfy
the Bureau of Apprenticeship and Training withdraws-approval any liabilities of such contractor or %ubcontractor for liquidated
of a training program, the contractor will no longer be permitted damages as provided in the clause set forth in paragraph 8.
Form 1R-1273 (Rev. 9-75) Page 3
V. STATEMENTS AND PAYROLLS the contractor shall maintain records which show that the eom-
1. Compliance with Copeland Regulation (28 CFR, Part mitment to provide such benefits is enforceable, that the plan'or
>f): program Is financially responsible, and that the plan or program
The contractor shall comply with the Copeland Regulations affected.been communicated in writing to the laborers or mechanics
(29 CFR, Part 3) of the Secrete of Labor which a herein affected, and records which show the costs anticipated or the
ry rS actual coats incurred in providing such benefits.
incorporated by reference.
a The payrolls shall contain the following information:
L Weekly statement: (1) The employee's full name, address and social security
Each contractor or subcontractor shall furnish each week a number. (The employee's full name and social security number
statement to the State highway department resident engineer need only appear on the first payroll on which his name appears.
with respect to the wages paid each of its employees, (including The employee's address need only be shown on the first submitted
apprentices and trainees described in Section N, paragraphs S payroll on which the employee's name appears,unless a change of
and 6, and watchmen and guards) engaged on work covered by address necessitates a submittal to reflect the new address.)
the Copeland Regulations during the preceding weekly payroll (2) The employee's classification.
period. The statement shall be executed by the contractor or (3) Entries indicating the employee's basic hourly wage
subcontractor or by an authorized officer or employee of the con• rate and, where applicable, the overtime hourly wage rate. The
tractor or subcontractor who supervises the payment of wages. payroll should indicate separately the amounts of employee and
Contractors and subcontractors must use the certification set forth employer contributions to fringe benefit funds and/or programs.
on U.S. Department of Labor Form WH-348, or the same certifi• Any fringe benefits paid to the employee in cash must be indi-
cation appearing on the reverse of Optional U.S. Department of cated. There is no prescribed or mandatory form for showing
Labor Form WH-347, or on any form with identical wording. the above information on payrolls.
3. Final labor summary: (4) The employee's daily and weekly hours worked in each
The contractor and each subcontractor shall furnish, upon the classification, including actual overtime hours worked (not
completion of the contract,a summary of all employment, indicat• adjusted).
ing, for the completed project, the total hours worked and the (S) The itemized deductions made and
total amount earned. This data shall be submitted to the State (6) The net wages paid.
highway department resident engineer on Form PR47 together d. The contractor will submit weekly a copy of all payrolls to
with the data required i Section % hereof, relative to materials the State highway department resident engineer. The copy shalt
and supplies The provisions of thin paragraph are not applicable lie accompanied by a statement signed by the employer or his
w contracts for secondary highways or contracts financed solely agent indicating that the payrolls are correct and complete, that
with funds provided by the Highway Beautification Act of 1965, the wage rates contained therein are not less than those deter-
mined amended. mined by the Secretary of Labor and that the classifications set
4. Final certificate: forth for each laborer or mechanic conform with the work he
Upon completion of the contract, the contractor shall submit . performed. Submission of a weekly statement which is required
r• to the State highway department"contracting officer, (or transmfs• under this contract by Section V, paragraph 2, and the Copeland
sion lo the Federal.Highway Administration with the voucher for Regulations of the Secretary of Labor bse uent Part 3) and the
final payment for any work performed under the contract, a filing with the initial payroll or any subsequent payroll c a copy
certificate concerning wages and classifications for laborers, me- of any findings shall the Secretary of Labor pursuant a Section 1V,
chanics, watchmen and guards employed on the project, in the paragraph 3b, shall satisfy this requirement. The prime con:
following form: tractor shall be responsible for the submission of copies of payrolls
of all subcontractors. The contractor will make the records re•
quired under the labor standards clauses of the contract available
The'undersigned, contractor on for inspection by authorized representatives of the State highway
department, the Federal Highway Administration and the Depart.
(Project No.) ment of Labor, and will permit such representatives to interview
hereby certifies that all laborers, mechanics, apprentices, trainees, employees during working hours on the job.
watchmen and guards employed by him or by any subcontractor e. The wages of labor shall be paid in legal tender of the
performing work under the contract on the project have been paid United States, except that this condition will be considered satis•
wages at rates not less than those required by the contract pro• fied if payment is made by negotiable check, on a solvent bank,
visions, and that the work performed by each such laborer, which may be cashed readily by the employee in the local com-
mechanic, apprentice or trainee conformed to the classifications set munity for the full amount, without discount or collection charges
forth in the contract or training program provisions applicable to of any kind. Where checks are used for payment, the contractor
the wage rate paid. shall make all necessary arrangements for them to be cashed and
Signature and title shall give information regarding such arrangements.
a . a
I. No fee of any kind shall be asked or accepted by the con.
S.-Payrolls and payroll records: tractor or any of his agents from any person as a condition of
employment on the project.
a. Payrolls and basic record; relating thereto will be main. No laborers shall be charged for an tools used in
rained during the course of the work and preserved for a period of g' g Y perform-
three years thereafter for all laborers, mechanics, apprentices, ing their respective duties except for reasonably avoidable loss or '
trainees, watchmen and guards working at the site of the work. damage thereto.
b. The payroll records shall contain the name, social security h. Every employee on the work covered by this contract shall
number and address of each such employee, his correct classifica• be permitted to lodge, board and trade where and with whom he
tion, rates of pay (including rate. of contributions or costs antici• elects and neither the contractor nor his agents, nor his employees
pated of the types described in section 1(b)(2) of the Davis. shall, directly or indirectly, require as a condition of employment
Bacon Act),daily and weekly number of hours worked,deductions that an employee shall lodge, board or trade at a particular place
made and actual wages paid. Whenever the Secretary of Labor, or with a particular person.
pursuant to Section IV, paragraph 3b, has found that the wages '
of any laborer or mechanic include the amount of any costs I. No charge shall be made for any transportation furnished
reasonably anticipated in providing benefits under a plan or pro• by the contractor, or his agents, to any person employed on the
gram described in section l(b)(2)(B) of the Davis•Baeon Act, work.
Page 4 form ►R-1773 (Rev. "51 '
1. No Individual %hall be employed as a laborer or mechanic way department contracting officer, or his authorized represents•
on this contract except on a waste basis, but this shall not be live, and such consent when given shall not be construed to
construed to prohibit the rental of teams, trucks, or other equip• relieve the contractor of any responsibility for the fulfillment of
ment from individuals. the contract. Request for permission to sublet, assign, or other•
wise dispose of any portion of the contract shall be in writing
VI. RECORD OF MATERIALS, SUPPLIES AND LABOR and accompanied by (a) a showing that the organization which
will perform the work is particularly experienced and equipped
1. The provisions in this section are applicable to all contracts for such work, and (b) an assurance by the contractor that the
except contracts for secondary highways and contracts financed labor standards provisions set forth in this contract shall apply
solely with funds provided by the Highway Beautification Act of to labor performed on all work encompassed by the request.
1965, as amended.
2. The contractor shall maintain a record of the total cost of all VIII. SAFETY; ACCIDENT PREVENTION
materials and supplies purchased for and incorporated in the work, In the performance of this contract, the contractor shall comply
and also of the quantities of those specific materials and supplies with all applicable Federal, State and local laws governing safety,
listed on Form PR-47 and in the units shown. Upon completion health and sanitation. The contractor shall provide all safeguards,
of the contract, this record, together with the final labor summary safety devices and protective equipment and take any other needed
required in Section V, paragraph 3,hereof, shall be transmitted to actions, on his own responsibility,or as the State highway depart.
the State highway department resident engineer for the project on ment contracting officer may determine, reasonably necessary to
Form PR-47 in accordance with instructions attached thereto, protect the life and health of employees on the job and the safety
which will be furnished for this purpose upon request. The quan• of the public and to protect property in connection with the per-
tides for the listed items shall be reported separately for roadway formance of the work covered by the contract.
and for structures over 20 feet long as measured along the center•
line of the roadway. It is a condition of this contract,and shall be made a condition
of each subcontract entered into pursuant to this contract,
3. The contractor shall become familiar with the list of specific that the contractor and any subcontractor shall not require any
materials and supplies contained in Form PR-47 prior to the com• laborer or mechanic employed in performance of the contract to
men�ement of work under this contract. Any additional materials work in surroundings or under working conditions which are un-
information required will be solicited through revisions of Form sanitary, hazardous, or dangerous to his health or safety, as deter-
PR-47 with attendant explanations, mined under construction safety and health standards (Title 29,
4. Where subcontractors are involved the contractor shall submit Code of Federal Regulations, Part 1926, formerly Part 1518, as
either a single report covering work both by himself and all his revised from time to time), promulgated by the United States
subcontractors, or he may submit separate reports for himself and Secretary of Labor, in accordance with Section 107 of the Con•
for each of his subcontractors. tract Work Hours and Safety Standards Act (83 Stet 96).
VII. SUBLETTING OR ASSIGNING THE CONTRACT IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
1. The contractor shall perform with his own organization con.that In order to assure high quality and durable construction in eon•
tract work amounting to not a than 50 percent the original formity with approved plans and specifications and a high degree
total contract price, except that any items designated ated by the of reliability on statements and representations made by engineers,
State as Specialty Items may be performed subcontract and contractors,supplies, and workers on Federal-aid highway projects,
the.amount of any such Specialty Items' performed may it is essential that all persons concerned with the project perform
deducted from the original total contras! price p p ce before computinn g their functions as carefully, thoroughly,•, and honest] as
the amount of work required to be performed by the contractor ) g y y possible.
with his own organization. Willful falsification, distortion, or misrepresentation with respect
to any facts related to the project is a violation of Federal law.
a. "His own organization" shall be construed to include only To prevent any misunderstanding regarding the seriousness of
workmen employed and paid directly by the prime contractor and these and similar acts, the following notice shall be posted on
equipment owner or rented by him, with or without operators. each Federal-aid highway project in one or more places where it
b. "Specialty Items" shall be construed to be limited to work is readily available to all personnel concerned with the project:
that requires highly specialized knowledge, craftsmanship or
equipment not ordinarily available in contracting organizations
qualified to bid on the contract as a whole and in general are to NOTICE TO ALL PERSONNEL ENGAGED ON
be limited to minor components of the overall contract. FEDERAL-AID HIGHWAY PROJECTS
2. In addition to the 50 percent re.;_:rement set forth in para-
graph 1 above,the contractor shall furnish (a) a competent super-
intendent or foreman who k employed by him, who has full au. "Whoever, being an officer, agent, or employee of the United
thority to direct performance of the work in accordance with the States,or of any State or.Territory,or whoever,whether a person,
contract requirements, and who i--, in charge of all construction association, firm, or corporation, knowingly makes any false state-
operations (regardless of who performs the work), and (b) such ment, false representation, or false report as to the character,
other of his own organizational capability and responsibility (su• quality, quantity, or cost of the material used or to be used,or the
pervision, management, and engineering services) as the State quantity or quality of the work performed or to be performed,or
highway department contracting officer determines is necessary to the costs thereof in connection with the submission of plans, maps,
assure the performance of the cor t. specifications, contracts, or costs of construction on any highway
3. The contract amount upon which the 50 percent requirement or related project submitted for approval to the Secretary of
set forth In paragraph 1 is computed includes the coat of materials Transportation; or
and manufactured products which are to be purchased or produced "Whoever knowingly makes any false statement, false represen•
by the contractor under the contract provisions. tation, false report, or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be per-
4. Any Items that have been selected as "Specialty Items" for formed, or materials furnished or to be furnished, in connection
the contract are listed as such in the Special Provisions, bid with the construction of any highway or related project approved
schedule, or elsewhere in the contract documents. by the Secretary of Transportation; or
S. No portion of the contract shall be sublet, assigned or other- "Whoever knowingly makes any false statement or false repre•
wise disposed of except with the written consent of the State high- sentation as to a material fact in any statement, certificate, or
Form FR-1773 (Rev. 9-75) Page 5
report submitted pursuant to provisions of the Federal-Aid Road listed, on the date of contract award, on the U.S. Environmental
Act approved July 1, 1916 (39 Stat 3S5), as amended and Protection Agency, (EPA) List of Violating Facilities Pursuant
supplemented; to 40 C.F.R. 15.20.
"Shall be fined not more than $10,000 or imprisoned not more 2. The contractor agrees to comply with all the requirements
than five years,or both" of section 114 of the Clean Air Act and section 306 of the
Federal Water Pollution Control Act and all regulations and
X. IMPLEMENTATION OF CLEAN AIR ACT AND guidelines listed thereunder.
FEDERAL WATER POLLUTION CONTROL ACT 3. The contractor +hall promptly notify the State highway
(APPLICABLE TO CONTRACTS AND SUBCONTRACTS department of the receipt of any communication from the
WHICH EXCEED $100,000) Director, Office of Federal Activities, EPA, indicating that a
1. The contractor stipulates that any facility to be utilized in facility to be utilized for the contract is under consideration to
the performance of this contract, unless such contract is exempt be listed on the EPA List of Violating Facilities.
under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as 4. The contractor agrees to include or cause to be included
amended by Pub. L. 9104), and under the Federal Water the requirements of subparagraphs 1 through 4 of this paragraph
Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as X in every nonexempt subcontract, and further agrees to take
amended by Pub. L. 92-S00), Executive Order 11738, and regula• such action as the Government may direct as a means of enforc-
tions in implementation thereof (40 C.F.R., Part 15), is not ing such requirements.
Y.L
Page 6 form IR-1273 lbv. }CIS) '
FC-1
77035
PART FC - REGULATIONS OF THE CONTRACT
® CITY OF JEFFERSON, MISSOURI
STADIUM BOULEVARD
(HWY. 54 TO LESLIE BLVD. )
FEDERAL AID URBAN PROJECT M-3111 (501)
FOREWORD:
The following Articles FC-1 thru FC-39 are "Regulations of the Con-
tract" , modified as set forth in the Special Conditions and Federal -
Aid Provisions .
FC-1 CONTRACT DOCUMENTS:
It is expressly understood and agreed that the Contract Documents com-
prise the Notice to Bidders , Instructions to Bidders , Regulations of
the Contract , Special Conditions , Federal-Aid Provisions , Proposal ,
Contract, Performance and One Year Guarantee Bond, Specifications ,
other documents listed in the Table of Contents and bound in this
Volumes 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 Con-
tractor and approved by the Owner, together with such additional draw-
ings 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 and equip-
ment to be furnished. All of these documents are hereby defined as the
Contract Documents .
The several parts of the Contract Documents are complementary , and
what is called for by any one shall be as binding as if called for by
all . The intention of the Documents is to include the furnishing of all
materials , labor , tools , equipment and supplies necessary for construct-
ing complete and ready to use the work specified . Materials or work
described in words which so applied have a well known technical or trade
meaning shall be held to refer to such recognized standards .
The Contract shall be executed in the State and County where the Owner
is located. Ten (10) copies of the contract documents shall be pre-
pared by the Contractor, each containing an exact copy of the Contrac-
tor' s proposal 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 :
1 Two with the Owner
Five with the Owner (for Missouri State Highway Dept .)
One with the Contractor
' One with the Bonding Company
One with the Engineer
FC-2
32G3
FC-2 DEFINITIONS:
Wherever any word 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" , "Purchaser" , 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 a
or its duly authorized officers or agents.
3. "Contractor" or the words "Party of the Second Part" shall
mean the party entering into contract for the performance
of the work covered by this contract and his duly authorized
agents or legal representatives.
4- "Subcontractor" shall mean and refer only to a corporation,
partnership, or individual having a direct contract with the
Contractor, for performing work at the job site.
"Engineer" shall mean the Engineer or Engineers who have
been employed by the Owner for this work.
6. "Construction Representative" shall mean the engineering
or technical assistant duly authorized by the Owner
limited to the particular duties entrusted to him or them,
as subsequently s'et forth herein.
7 . "Date of Award of Contract" or words equivalent thereto,
shall mean the date upon which the successful bidder' s
proposal is accepted by the Owner.
8. "Day" or "days" , unless herein otherwise expressly defined,
shall mean a calendar day or days of twenty-four hours each.
9. "The work" shall mean the work to be done and the equipment ,
supplies and materials to be furnished under this contract ,
unless some other meaning is indicated by the context .
10. "Plans" or "drawings" shall mean and include all drawings
which may have been prepared by the Engineer as a basis
for proposals , all drawings submitted by the successful
bidder with his proposal and by the Contractor to the
Owner, if and when approved by the Engineer, and all
drawings submitted by the Owner to the Contractor during
the progress of the work, as provided for herein.
1
FC-3
3163
FC-2 DEFINITIONS: (CONTINUED)
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, per-
mission, or allowance of the Owner and Engineer is
intended.
12. Similarly the words "approved", "reasonable", "suitable",
"acceptable", " "satisfactory",
"properly or words of
like effect and import, unless otherwise particularly
specified herein, shall mean approved, reasonable,
suitable, acceptable , proper or satisfactory in the
judgment of the Owner and Engineer .
13. Whenever any statement is made in these Contract
Documents containing the expression "it is understood
and agreed", or any expression of the like import, such
expression means the mutual understanding and agreement
of the Contractor and the Owner.
! FC-3 THE CONTRACTOR:
® It is understood and agreed that the Contractor, has by care-
ful examination satisfied himself as to the nature and lo-
cation of the work, the conformation of the ground, the
® character, quality and quantity of the materials to be en-
countered, the character of the equipment and facilities
needed preliminary to and during the prosecution of the work,
the general local conditions, and all other matters which can
in any way affect the work under this Contract . No verbal
agreement or conversation with any officer, agent or employee
of the Owner, either before or after the execution of this
contract, shall affect or modify any of the terms or obli-
gations herein contained.
The relation of the Contractor to the Owner shall be that of
an independent contractor.
FC-4 THE ENGINEER:
The En w
Engineer has been retained by the Owner to create the
design and to draft the construction plans and specifications .
The Engineer shall be the Owner' s representative during the
construction period and he shall observe the work in process
on behalf of the Owner by a series of periodic visits to the
FC-4
3163
FC-4 THE ENGINEER: (CONTINUED)
job site. He shall have authority to act on behalf of the
Owner only to the extent expressly provided in the Contract
Documents or otherwise in writing, which shall be shown to
the Contractor on request.
The Engineer assumes no direction of employees of the Contractor
or subcontractors and no supervision of the construction
activities or responsibility for their safety. The Engineer' s
sole responsibility during construction is to the Owner to
endeavor to protect against defects and deficiencies in the
work.
The Engineer shall be , in the first instance, the interpreter
of the conditions of the Contract and the judge of its per-
formance . He shall impartially use his powers under the Con-
tract to achieve its faithful performance by both Owner and
Contractor.
The Engineer shall , within a reasonable time after presentation,
make decisions in writing on claims arising between the princi-
pals of the Contract and shall make interpretations of the
Plans and Specifications. Such decisions and interpretations
shall be regarded as final . In case of disagreement on
. decisions recourse may be had to arbitration as hereinafter
provided.
Any plan or method of work suggested by the Engineer, or other
representative of the Owner, to the Contractor, but not speci-
fied 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 Owner will assume
no responsibility therefor.
FC-5 BOND:
Coincident with the execution of the Contract, the Contractor
shall furnish a good and sufficient surety bond in the full
amount of the contract sum. This surety bond, executed by
. the Contractor to the Owner, shall be a guarantee: (a) for
the ' faithful performance and completion of the work in strict ,
accordance with the terms and intent of the contract documents;
(b) the payment of all bills and obligations arising from this
contract which might in any manner become a claim against the
Owner; ( c) for the payment to the Owner of all sums due or '
which may become due by the terms of the contract, as well as
FC-5
3163
FC-5 BOND: (CONTINUED)
by reason of any violation thereof by the Contractor; and for
a period of one year from and immediately following the accep-
tance of the completed project by the Owner, the payment to
the Owner of all damage loss and expense which may occur to
the Owner by reason of defective materials used, or by reason
of defective or improper workmanship done, in the furnishing
of materials , labor, and equipment in the performance of the
said contract .
All provisions of the bond shall be complete and in full
accordance with statutory requirements . The bond shall be
executed with the proper sureties through a company licensed
and qualified to operate in the state and approved by the Owner.
Bond shall be signed by an agent resident in the state and date
® of bond shall be the date of execution of the contract .
If at any time during the continuance of the contract the
surety on the Contractor' s bond becomes irresponsible , the
Owner shall have the right to require additional and sufficient
sureties which the Contractor shall furnish to the satisfaction
of the Owner within ten (10) days after notice to do so. In
default thereof, the contract may be suspended, all payments
or money due the Contractor withheld, and the contract completed
as hereinafter provided.
Refer to Detail Specifications - Part I and Bond Form attached
herein for any special requirements of the Bond.
FC-6 INSURANCE:
A. 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, the Engineer, and the Owner
against all hazards enumerated herein. All policies shall be
in the amounts, form and companies satisfactory to the Owner.
The insuring company shall deliver to the Owner certificates
of all insurance required, signed by an authorized representa-
tive and stating that all provisions of the following specified
requirements are complied with.
All certificates of insurance required herein shall state that
ten (10) days written notice will be given to the Owner before
the policy is cancelled or changed. All certifications of
FC-6
102975
FC-6 INSURANCE: (CONTINUED)
A. General : (Continued)
insurance shall be delivered to the Owner 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 where construction is to be done .
%B. Bodily Injury Liability & Property Damage
Liability 'Insurance :
(1) Bodily Injury Liability insurance coverage providing
limits for bodily injuries, including death, of not less
than $500 ,000 per person and $1, 000, 000 per occurrence.
(2) Property Damage Liability insurance coverage for limits
of not less than $500 ,000 for one occurrence nor less than
$500,000 aggregate to limit for the policy year.
C. Contractor's Protective Bodily Injury Liability
& Protective Property Damage Liability Insurance :
Covering Operations of Subcontractors
•(1) Contractor' s contingent policy providing limits of at
least $500, 000 per person and $1 ,000 ,000 per occurrence for
bodily injury or death.
(2) Property Damage Liability providing limits of at least
$500 ,000 per occurrence and $500 ,000 aggregate .
D. Contractural Liability:
(1) Property Damage coverage with $500 ,000 Aggregate Limit.
E. Owner ' s Protective Liability and Property Damage
Insurance •
The Contractor shall purchase and maintain Owner 's Protective e
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 .
FC-7
102975
FC-6 INSURANCE: (CONTINUED)
eE. Owner' s Protective Liability and PropertX Damage
insurance: (Continued)
The minimum amount of such insurance shall be the same as
required for B - Bodily Injury Liability and Property Damage
Liability Insurance . This policy shall be filed with the
Owner and a copy filed with the Engineer.
F. Exclusions :
The above requirements B, C & E for property damage liability
shall contain no exclusion relative to:
(1) Blasting or explosion. (Consult Detail 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 Owner ' s premises , or
e 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.
G. Automobile Bodily Injury Liability & Automoblle Propert-y
amage is lty nsurance:
(1) Contractor shall carry in his name, additional assured
clauses protecting Owner, Liability Insurance with Bodily
Injury or Death Limits of not less than $500, 000 per person
and $1, 000, 000 per occurrence, and property damage limits of
not less than $100 , 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.
H. Employer' s Liability and Workmen' s Compensation:
Employer' s and Workmen' s Compensation insurance as will pro•-
tect him against any and all claims resulting from injuries
to and death of workmen engaged in work under this contract,
1
FC-8 ,
74048A
FC-6 INSURANCE: (CONTINUED)
H. Employer' s Liability and Workmen' s Compensation (Continued)
and in addtion the Contractor shall carry occupational disease
coverage with statutory limits, and Employer' s Liability with
a limit of $100,000 per person. The "All State" endorsement
shall be included.
In case any class of employees is not protected under the
Workments Compensation Statute, the Contractor shall provide
and cause such contractor to provide adequate employerts
liability coverage as will protect him against any claims
resulting from injuries to and death of workmen engaged in work
under this contract.
I. Builder' s Risk Insurance: (Omit)
J. Installation Floater Insurance:
This insurance shall insure and rotect the Contractor and the
e
Owner from all insurable risks of physical loss or damage to
materials and equipment, not otherwise covered under Builder ' s 1
Risk Insurance , when in warehouses or storage areas, during
Fc-
y
74048A
FC-G INSURANCE: (CO11TINUED)
J. Installation Floater Insurance: (Continued)
installation, during testing and until the work is accepted.
It shall be of the "All Risks" type, with coverages designed
for the circumstances which may occur in the particular work
included in this contract. The coverage shall be for an amount
not less than the value of the work at completion, less the value
of the material and equipment insured under Builderts Risk
Insurance. The value shall include the aggregate value of the
owner-furnished equipment and materials to be erected or installed
1 by the Contractor not otherwise insured under Builder' s Risk
Insurance .
Installation Floater Insurance shall also provide for losses , if
any, to be adjusted with and made payable to the Contractor and
the Owner as their interests may appear.
If the aggregate value of the Owner-furnished and Contractor-
furnished equipment is less than $10, 000, such equipment may be
covered under Builders Risk Insurance , and if so covered, this .
Installation Floater Insurance may be omitted.
K. Operating Hazards: . (Omit)
L. Contractor' s Responsibility for Other Losses:
For the considerations in this agreement heretofore stated, in
addition to Contractor' s other obligations, the Contractor
assumes full responsibility for all loss or damage from any
cause whatsoever to any tools owned by the :mechanics , any
A.
tool machinery , equipment , or motor vehicles owned or rented
by the Contractor, his agents, sub-contractors , material men
or his or their employees; to sheds or other temporary structures ,
scaffolding and stagings, protective fences, bridges and side-
walk 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 herein-
before provided) to the structure on which the work of this
contract, and any modifications, alterations , enlargement
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.
FC-10
74048A
PC-6 INSURANCE: (CONTINUED)
M. Contractor' s Responsibility on Damages & Claims
Indemnifying Owner:
The Contractor shall indemnify and save harmless the Owner and
Engineer and their officers and agents , of and from all losses ,
damages , costs, expenses , judgments, or decrees whatever arising
out of action or suit that may be brought against the Owner or
Engineer or any officer or agent of either of them, for or on
account of the failure , omission, or neglect of the Contractor
to do and perform any of the covenants , acts , matters, or things
by this contract undertaken to be done or performed, or for the
injury, death or damage caused by the negligence or alleged
negligence of the Contractor of 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.
N. Votification In Event of Liability or Damage:
Upon the occurrence of any event, the liability for which is
herein assumed, the Contractor agrees to forthwith notify the
Owner, in writing, such happening, which notice shall forth-
with 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.
FC-7 ASSIGN;�iT OF CONTRACT:
The Contractor shall not assign or transfer this contract nor
sublet it as a whole , without the written consent of the Owner
and of the Surety on the Contractor' s bond. Such consent of
Surety, together with copy of assignment, shall be filed with
the Owner. No assignment , transfer or subletting, even though
consented to, shall relieve the Contractor of his liabilities
under this contract . Should any assignee fail to perform the
work undertaken by him in a satisfactory manner, the Owner rrjay
at his option annul and terminate Assignee ' s contract.
The provisions of this Article FC- 7 are amended by the provisions
of Article VII of Required Contract Provisions , Federal Aid
Contracts.
FC-8 SUB CONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT:
Prior to the award of the contract, the Contractor shall submit ,
for approval of the Owner a list of subcontractors and the
sources of the principal items of materials and equipment which
he proposes to use in the construction of the project.
FC-11
3163
FC-8 SUB-CONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT:
0 D
The Contractor agrees that he is as fully responsible to the
Owner for the acts and omissions of his subcontractors and
of persons either directly or indirectly employed by them .
as he is for the acts and omissions of persons directly
employed by him. Any notices to the Contractor shall be con-
sidered as notice to any affected subcontractors.
Nothing contained in the Contract Documents shall create any
contractural relation between any subcontractor and the Owner.
No officer, agent or employee of Owner, including the Engineer,
shall have any power or authority whatsoever to bind the Owner
or incur any obligation in its behalf to any subcontractor,
material supplier or other person in any manner whatsoever.
FC-9 OTHER CONTRACTS:
The Owner reserves the right to let other contracts in con-
nection with this work. The Contractor shall afford other
contractors reasonable opportunity for the introduction and
storage of ' heir materials aid tha 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 exe-
cution 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 shall 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 Owner' 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 com-
pletion of the various portions of the work in general harmony.
FC-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 .
FO-12
FC-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS:
3163
CO TIN ED 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 Owner unless
otherwise specified. The Contractor shall give all notices
and comply with all laws , ordinances , rules and regulations
bearing on the conduct of the work as drawn or specified.
FC-11 ROYALTIES AND PATENTS:
"It is agreed that all royalties for patents or patent infringe-
ment claims, whether such patents are for processes or devices,
that might be involved in the construction or use of the work,
shall be included in the contract amount and the Contractor
shall satisfy all demands that may be made at any time for
such and shall be liable for any damages or claims for patent
infringements, and the Contractor shall at his own expense ,
defend any and all suits or proceedings that may be instituted
at any time against the Owner for infringement or alleged
'•.nfringement of any patent or patents involved in the work, and
in case of an award of damages , the said Contractor shall pay
such award; final payment to the Contractor by the Owner will
not be made while an;; such suits or claims rerrain. unsettled.
FC-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS:
A . General :
These Specifications and Project Plans are intended to supplement ,
but not necessarily duplicate each other. and together constitute
one complete set of Specifications and Plans so that any work
exhibited in the one and not in the other, shall be executed
just as if it has been set forth in both, in order that the work
shall be completed according to the complete design of the
Engineer.
Should anything be omitted from the Specifications and Plans ,
which is necessary to a clear understanding of the work, or
should it appear various instructions are in conflict, then
the Contractor shall secure written instructions from the '
, Engineer before proceeding with the construction affected
by such omissions or discrepancies . It is understood and
agreed that the work shall be performed and completed according
to the true spirit, meaning and intent of the contract, specifi-
cations and plans .
FC-13
3163
FC-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS:
(CONTINUED)
B. Figured Dimensions To Govern:
Dimensions and elevations shown on the plans shall be accurately
followed, even though they differ from scaled measurements . No
work shown on the plans, the dimensions of which are not indicated,
shall be executed until the required dimensions have been ob-
tained from the Engineer.
C. Contractor To Check Plans and Schedules:
The Contractor shall check all dimensions, elevations and
quantities shown on the plans , and schedules given to him by
the Engineer, and shall notify the Engineer of any discrepancy
between the plans and the conditions on the ground, or any
error or omission in plans , or in the layout as given by stakes ,
points, or instructions, which he may discover in the course of
the work. The Contractor will not be allowed to take advantage
of any error or omission in the plans or contract documents,
as full instructions will be furnished by the Engineer should
such error or omission be discovered, and the Contractor -shall
carry out such instructions as if originally specified.
The apparent silence of the Plans and Specifications as to
any detail or the apparent omission from them of a detailed
description concerning any point, shall be regarded as meaning
that only the best general practices, as accepted by the
particular trades or industries involved, shall be used.
® D. Standard Specifications:
Reference to standard specificatic-Zs of any technical society,
organization, or association, or to codes of local or state
authorities, shall mean the latest standard, code , specification,
or tentative specification adopted and published at the date of
taking bids, unless specifically stated otherwise .
FC-13 CONSTRUCTION REPRESENTATION AT PROJECT:
The Owner me appoint or employ (either directly or through
the Engineer such "Construction Representatives" as the Owner
may deem proper, to observe the work performed under this con-
tract, to the end that said work is performed, in substantial
accordance with the plans and specifications therefor.
FC-14
3163
FC-13 CONSTRUCTION REPRESENTATION AT PROJECT: (CONTINUED)
The Project Representative assumes no direction of employees
of the Contractor or Subcontractors and no supervision of the
construction activities or responsibility for their safety.
The sole duty of the Project Representative during the con-
struction is to the Owner to endeavor to protect against defects
and deficiencies in the work.
The Contractor shall regard and obey the directions and instruc-
tions of the Construction Representative so appointed, when
the same are consistent with the obligations of this
,contract and the specifications therefor., provided, however,
that should the Contractor object to any order given by the
Construction Representative , the Contractor may make written
appeal to the Engineer for his decision.
The Construction Representative , and other properly authorized
representatives of the Owner or Engineer shall be free at all
times to perform their duties, an intimidation or attempted
intimidation of any one of them by the Contractor or by any
of his employees shall be sufficient reason, if the Owner
so decides , to annul the contract.
Such construction representation shall not relieve the Con-
tractor from any obligation to perform said work strictly
in accordance with the plans and specifications or any
modifications thereof as herein provided, and work not so
constructed shall be removed and made good by the Contractor
at his own expense, and free of all expense to the Owner,
whenever so ordered by the Engineer, without reference to
any previous oversight in observation of work. Any defective ,
material or workmanship may be rejected by the Engineer at
any time Isfore the final acceptance of the work, even though
the same may have been previously overlooked and estimated for
payment .
The Construction Representative shall have no authority to permit
any deviation from the plans and specifications except on ,
written order from the Engineer, and the Contractor will be
-liable for any deviation except on such written order.
All condemned work shall be promptly taken out and replaced
by satisfactory work, and all condemned materials shall be
promptly removed from the vicinity of the work. Should the
Contractor fail or refuse to comply with instructions in '
this respect the Owner may, upon certification by the Engineer,
withhold payment or proceed to terminate contracts as herein
provided.
1
FC-15
3163
FC-13 CONSTRUCTION REPRESENTATION AT PROJECT: (CONTINUED)
® Reexamination of questioned work may be ordered by the Engi-
neer, and if so ordered the work must be uncovered by the
Contractor. If such work be done in accordance with the Con-
tract Documents, the Owner shall pay the cost of reexamination
and replacement. If such work be found not in accordance
with the Contract Documents, the Contractor shall pay such
cost, unless he shall show that defect in the work was
caused by another contractor of the Owner and in that event.
the Owner shall pay such cost.
- The Contractor shall furnish samples for testing purposes
of any material required by the Engineer, and shall furnish
any information required concerning the nature or source of
any material which he proposes to use. Detailed requirements
concerning the making of laboratory tests and the payment
therefor are included in the "Detailed Specifications" .
FC-14 POSITION, GRADIENT AND ALIGNMENT:
lie All construction work shall be done to the lines and grades
shown on the Plans. The Engineer will establish on the site
the required bench- marks and base lines as shown on the Plans.
Detailed survey and staking for location and grade of indivi-
dual structures or other construction, as well as measurements
and elevations within structures shall be performed by the
Contractor.
For the construction of sewers, water lines, streets and other
types of line or route work, the Engineer will establish on
the site the required control points, base lines and bench
marks, as :shown on the plans, with reference to dimensions
thereto from which the work may be laid out by the Contractor.
On projects where a full time Construction Representative is
provided, said Construction Representative may so far as time
requirements do not conflict with his other duties perform
detailed survey and layout for the Contractor, using survey
equipment provided by the Contractor. All such work shall be
checked by the Contractor who shall assume full responsibility
for the -accuracy thereof. 'Performance of layout work of this
character by Construction Representative as a courtesy to the
Contractor shall in no way relieve the Contractor from
iresponsibility for any errors incurred.
i
i
FC-16
3163
FC-14 POSITION, GRADIENT AND ALIGNMENT: (CONTINUED)
Consult Detailed Specification for any exceptions to above
requirements concerning detailed survey and staking applying
to this particular contract. In any case, all such detailed
survey and stake-out shall be checked by the Contractor who
shall assume full responsibility for the accuracy and correct-
ness thereof.
In all cases the Contractor shall provide without extra compensa-
tion stakes and other materials required for proper staking of
the work and for the use of the Engineer or his representative
in checking the work.
The Contractor shall without extra compensation furnish com-
petent men and the necessary tools to make all test holes and
exploration required at any time for the purpose of determining
the location of existing structures beneath the ground surface
which might conflict or interfere with this work.
The Contractor shall carefully preserve all monuments, reference
points, stakes and bench marks set by the Engineer, and in
case of destruction of same through carelessness or negligence
on the part of the Contractor, he will be charged with the
resulting expense of replacement and responsibility for any
mistakes or loss of time caused thereby.
FC-15 SUPERINTENDENCE AND WORKMANSHIP:
The Contractor shall keep on his work, during its progress,
a competent superintendent and any necessary assistants .
The superintendent shall represent the Contractor in his
absence and all directions given to him shall be as binding
as if given to the Contractor.
The Contractor shall provide proper tools and equipment and
the services of all workmen, mechanics, tradesmen, and other
employees necessary in the construction and execution of the '
work contemplated and outlined herein. The employees of the
Contractor shall be competent and willing to perform satis-
factorily the work required of them. Any employee who is '
disorderly, intemperate or incompetent or who neglects or
refuses to perform his work in a satisfactory manner, shall
be promptly discharged.
It is called particularly to the Contractor' s attention that
only first class workmanship will be acceptable.
FC-17
3163
FC-16 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 Owner 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 of 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 in-
struction or authorization, is hereby permitted to act at his
discretion to prevent such threatened loss or injury, and he
shall so act . Any compensation, claimed by the Contractor on
account of emergency work, shall be determined by agreement
or arbitration.
The Contractor agrees to hold the Owner 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.
FC-17 GUARANTEE OF MATERIALS AND WORKMANSHIP:
The Contractor hereby guarantees the work in connection with
this contract against faulty materials or poor workmanship
e during the period of one (1) year after the date of completion
of the contract.
' FC-18 NO WAIVER OF RIGHTS:
' Neither observation of work by the Owner or Engineer or any of
their officials , employees , or agents , nor any order by the
Owner or Engineer for payment of money, or any payment for,
or acceptance of, the whole or any part of the work
FC-18
3163 1
FC-18 NO WAIVER OF RIGHTS: (CONTINUED)
by the Owner or Engineer, nor any extension of time, nor any
possession taken by the Owner or its employees, shall operate
as a waiver of any provision of this contract, or of any power
herein reserved to the Owner, or any right to damages herein
provided, nor shall any waiver of any breach in this contract
be held to be a waiver of any other or subsequent breach.
FC-19 SHOP AND ERECTION DRAWINGS AND MANUFACTURER' S
DESCRIPTIVE :
The Contractor shall furnish the Engineer with triplicate (3)
copies of all shop and erection drawings , and manufacturer' s
descriptive data for preliminary approval . Included shall
be drawings of structural and miscellaneous steel work,
reinforcing steel , special layout drawings of equipment or
machinery, and manufacturer' s data describing all materials,
fixtures , equipment , and mechanical or electrical units, which
are proposed for use in the construction.
The Contractor shall check and verify all field dimensions
required, and shall check and approve all such shop and erection
drawings and manufacturer' s descriptive data prior to transmitting
same to Engineer. Whenever the elements of construction or the
details of their installation, so described by such, deviate
from the requirements of the plans and/or specifications, 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 approval stamp "For Conformity to Plans and Specifi-
cations" does not constitute approval of the deviation_.
Two copies will be returned to the Contractor (for correction ■
if required) and one copy retained by the Engineer for office
reference . Subsequently, the Contractcr shall submit five (�)
additional conics ( corrected if required) to the Engineer for
final approval and distribution to all interested parties .
No material or equipment shall be used or installed until such
formal approval is received by the Contractor.
The purposes of having shop and erection drawings and manu-
facturer' s descriptive data checked and approved by the Engineer
are two-fold: '
1. To assure the compliance with the purpose
and intent of the plans and specifications. ,
2. To assist the Contractor in interpreting . the
plans and specifications so as to eliminate
mistakes in the material or equipment before ,
it is actually shipped to the site of the work.
• FC-19
3163
® 72012-2
FC-19 SHOP AND ERECTION DRAWINGS AND MANUFACTURER'S
DESCRIPTIVE DATA: CONTINUED
The formal approval given to the Contractor is to be considered
as in conformance with these purposes and in no manner shall be
construed so as to relieve the Contractor from any liability or
responsibility for proper construction or compliance with the
Plans and Specifications.
FC-20 USE OF COMPLETED PORTIONS:
If desired by the Owner, portions of the work may be .placed in
service when completed or partially completed and the Contractor
shall give proper access to the work for this purpose, but such
use and operation shall not constitute an acceptance of the work,
and the Contractor shall be liable for defects due to faulty
construction until the entire work under this Contract is finally
accepted and for the guarantee period thereafter.
FC-21 ADDITIONAL , OMITTED OR CHANGED 'WORK:
The Owner, without invalidating the Contract , may order additional
work to be done in connection with the Contract or may alter or de-
duct from the work, the Contract sum to be adjusted accordingly.
All such work shall be executed under the conditions of the original
Contract and subject to the same standards of workmanship and per.-
formance 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 altera-
tions 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.
FC- 2Q
3163
72012. 2
FC- 21 ADDITIONAL OMITTED OR CHANGED WORK (CONTINUED) :
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. Other-
wise such work shall be paid for as "Extra Work" as hereinafter
provided in this Article FC- 21 .
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 adjustment is
not clearly defined in the Contract Documents .
Statements for extra work shall be rendered by the Contractor not
later than fifteen (15) days after the completion of each assign-
ment of extra work and if found correct will be approved by the
Engineer and submitted for payment with the next regular monthly
estimate .
The Owner reserves the right to contract with any person or firm
other than the Contractor for any or all extra work. The Con-
tractor' s attention is especially called to the fact that he shall
be entitled to no claim for damages or anticipated profits on any
portion of the work that may be omitted . ,
' FC-21
3163
S 72Q12-2
FC-21 ADDITIONAL, OMITTED OR CHANGED WORK (CONTINUED) :
Extra Work:
(a) The term "Extra Work" shall be understood to mean and include
all work that may be required to accomplish any change or
alteration in or addition to the work shown by the Plans or
reasonably implied by the Specifications and not covered by
Contract proposal items , and which is not otherwise provided
under this Article FC-21 .
(b) The Contractor shall perform all extra work under the direction
of the Engineer when authorized by the Owner. The compensa-
tion 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 'Method B can be
agreed upon. before the extra work is
started, by force account.
(c) Force Account: Extra work performed in accordance with the
aforementioned Method C shall be compensated for as provided
in Sections 109 . 4 . 1 through 109. 4 . 7 of Missouri Highway Speci-
fications, subject to the following conditions :
1 . In Section 109 . 4 . 4 of Missouri Highway Specifications
the word "Commission" shall be understood to mean "The
State Highway Commission of Missouri".
2. ,. In Section 109 . 4 . 7 of Missouri Highway Specifications
the word "Commission" shall be understood to mean "En-
gineer" as defined in Article FC-2 .
(d) Subcontractors : Compensation for that portion of extra work
tperformed y subcontractors shall be computed as though the
work were done by the Contractor , to which sum fifteen (15)
percent will be added.
FC-22
74048A
FC-22 SU SPENS ION OF V:ORY,:
The Owner may at any time suspend the work, or any part thereon'
by giving ten days ' notice to the Contractor in writing. The
work shall be resumed by the Contractor within ten (10) days
after the date fixed in the written notice from the Owner to
the Contractor to do so.
But if the work, or any part thereof, shall be stopped by
the notice in writing aforesaid, and if the Owner does not
-give notice in writing to .the Contractor to resume within a
reasonable period of time, then the Contractor may abandon
':that portion of the work so suspended, and he will be entitled
'to the estimates and payments for all work done on the portions
abandoned, if any.
FC-23 OWNER t S RIGHT TO DO WNUO :
If the Contractor should neglect to prosecute the work properly '
or fail to perform any provision of this contract, the Owner,
after ten 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.
FC-24 OWNERIS RIGHT TO TERMINATE CONTRACT: ,
If the Contractor should be adjudged a bankrupt, or if he should
make a general assignment for the benefit of his creditors , or '
if a receiver should be appointed on account of his insolvency,
or if he should persistently or repeatedly refuse or should
fail , except in cases for which extension of time is provided, ,
to sur,ply enough properly skilled workmen or proper materials .
FC-23
74048A
FC--24 OWNER 'S RIGHT TO TERMINATE CONTRACT: (CONTINUED)
® 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 seven (7) days
written notice, terminate the employment of the Contractor and
take possession of the premises and of all materials, tools ,
and appliances thereon and finish the work by whatever method
he may deem expedient .
In such case , no further payment will be made the Contractor
until the work is finished . If the unpaid balance of the
contract price shall exceed the expense of finishing the
work, including compensation for additional managerial and
administrative services, such excess shall be paid to the
Contractor. If such expense shall exceed such unpaid balance,
the contractor shall pay the difference to the Owner.
FC-25 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 seven (7) days
written notice to the Owner and the Engineer, stop work or
terminate this 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 .
FC-26 ARBITRATION:
(a) Demand for Arbitration:
Any decision of the Engineer which is subject to dispute shall
be submitted to arbitration upon the demand of either party of
the dispute.
' The Contractor shall not cause a delay of the work because of
the pendency of arbitration proceedings , except with the
written permission of the Engineer, and then only until the
' arbitrators shall have an opportunity to determine whether
or not the work shall continue until they decide the matters
in dispute.
FC-24
3163
FC-26 ARBITRATION : (CONTINUED)
The demand for arbitration shall be delivered in writing to
the Engineer and the adverse party, either personally or by
registered mail to the last known address of each, within
ten (10) days of the receipt of the Engineer ' s decision, and
in no case after final payment has been accepted . If the
Engineer fails to make a decision within a reasonable time ,
a demand for arbitration may be made as if his decision had
been rendered against the demanding party .
(b) Arbitrators :
No one shall be nominated or act as an arbitrator who is in
any way financially interested in this Contract , or in the
business affairs of the Owner, or the Contractor or the
Engineer, or otherwise connected with any of them. Each
arbitrator shall be a person in general familiar with the
work or the problem involved in the dispute submitted to
arbitration.
Unless otherwise provided by controlling statutes , the parties
may agree upon one arbitrator; otherwise, there shall be three ,
one named in writing by each party to this Contract , and the
third chosen by those two arbitrators .
If there be one arbitrator his decision shall be binding;
�f three , the decision of any two shall be binding in respect
to both the matters submitted to and the procedure followed
during the arbitration. Such decision shall be a condition
precedent to any right of legal action.
(c ) Arbitration Procedure :
The arbitrators shall deliver a written notice to each of the
parties and to the Engineer, either personally or by registered
mail to the last known address of each, of the time and place
for the beginning of the hearing of the matters submitted to
them. Each party may submit to the arbitrators such evidence
and argument as he may desire and the arbitrators may consider
pertinent . The arbitrators shall, however, be the judges of
all matters of law and fact relating to both the subject matters
of and the procedure during arbitration and shall not be bound
by technical rules of law or procedure . They may hear evidence
in whatever form they desire. The parties may be represented ,
before them by such person as each may select , subject to the
disciplinary power of the arbitrators if such representative
shall interfere with the orderly or speedy conduct of the
proceedings .
FC-25
3163
FC-26 ARBITRATION: (CONTINUED)
® ® Each party and the Engineer, shall supply the arbitrators
® with such papers and information as they demand, or with
any witness whose movements are subject to their respective
control, and upon refusal or neglect to comply with such
demand, the arbitrators may render their decision without the
evidence which might have been elicited therefrom, and the
absence of such evidence shall afford no ground for challenge
of the award by the party refusing or neglecting to comply
with such demand.
The submission to arbitration (the statement of the matters
in dispute between the parties to be passed upon by the
arbitrators) shall be in writing duly acknowledged before a
notary. Unless waived in writing by both parties to the
arbitration, the arbitrators , before hearing testimony, shall
be sworn b an officer authorized b law t administer an
F; Y Y o
oath, faithfully and fairly to hear and examine the matters
in controversy and to make a just award according to the best
of their understanding.
The arbitrators , if they deem the case demands it, are autho-
rized to award to the party whose contention is sustained
. such sums as they shall consider proper for the time , expense
and trouble incident to the arbitration, and if the arbitration
was demanded without reasonable cause , damages for delay and
other losses . The arbitrators shall fix their own compensation,
unless otherwise provided by agreement and shall assess the
costs and charges of the arbitration upon either or both
parties .
The award of the arbitrators shall be in writing and acknow-
ledged like a deed to be recorded, and a duplicate shall be
delivered personally or by registe-,ed mail , forthwith upon
its rendition, to each of the parties to the controversy
and to the Engineer. Judgment may be rendered upon the
award by the Federal Court or by the highest State Court
having jurisdiction to render same .
The award of the arbitrators shall not be open to objection
on account of the form of the proceedings or the award, un-
less otherwise provided by the controlling statutes. In
the event of such statutes providing on any matter covered
by this Article otherwise than as hereinbefore specified,
' the mehtod of procedure throughout and the legal effect of
the award shall be wholly in accord with said statutes, it
FC-26
3163
FC-26 ARBITRATION: (CONTINUED)
being the intention hereby to lay down a principle of action
to be followed, leaving its local application to be adapted
to the legal requirements of the jurisdiction having authority
over the arbitration.
The Engineer shall not be deemed a party to the dispute . He
is given the right to appear before the arbitrators to explain
the basis of his decision and give such evidence as they may
require.
FC-27 LOSSES FROM NATURAL CAUSES:
All loss or damage arising out of the nature of the work to
be done, or from the action of the elements , or from floods
or overflows , or from ground water, or from any unusual
obstruction or difficulty, or any other natural or existing
circumstance 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.
FC-28 SUNDAY, HOLIDAY AND NIGHT WORK:
No work shall be done between the hours of 6: 00 p.m. and 7: 00
a .m. , nor on Sundays or legal holidays, without the written
approval of the Owner. However, work necessary in case of
emergencies or for the protection of equipment or finished work
may be done without the Ownerls approval .
Night work may be established by the Contractor as a regular
procedure with the written permission of the Owner; such
permission, however, may be revoked at any time by the Owner
if the Contractor fails to maintain adequate equipment and
supervision for the proper prosecution and control of the work
at night .
FO-29 UNFAVORABLE CONSTRUCTION CONDITIONS:
During unfavorable weather, wet ground, or other unsuitable ,
construction conditions, the Contractor shall confine his
operations to work which will not be affected adversely thereby.
No portion of the work shall be constructed under conditions ,
which would affect adversely the quality or efficiency thereof,
unless special means or precautions are taken by the Contractor
to perform the work in a proper and satisfactory manner.
FC-27
3163
PO-30 MATERIALS AND EQUIPMENT:
Unless specifically provided otherwise in each case , all
materials and equipment furnished for permanent installation
in the work shall be new, unused, and undamaged when installed
or otherwise incorporated in the work. No such material or
® equipment shall be used by the Contractor for any purpose other
® than that intended or specified, unless such use is specifically
authorized by the Engineer in each case .
FC-31 GUARANTEE:
® The Contractor guarantees that the equipment , materials and
�i workmanship furnished under this contract will be as specified
and will be free from defects for a period of one year from the
date of final acceptance. In addition, the equipment furnished
by the Contractor shall be guaranteed to be free from defects
in design.
Within the guarantee period and upon notification of the Con-
tractor by the Owner, the Contractor shall promptly make all
needed adjustments, repairs or replacements arising out of
Idefects which, in the judgment of the Engineer, or the Owner,
® become necessary during such period.
The cost of all materials , parts , labor, transportation, super-
vision, 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 Owner gives the Contractor notice
of a 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 Owner is hereby authorized
to make the repairs or adjustments himself or order the work
to be done by a third party, the costs of the work to be paid
by the Contractor.
In the event of an emergency where , in the judgment of the
Owner, delays would cause serious loss or damage, repairs or
adjustments may be made by the Owner, or a third party chosen
by the Owner, without giving notice to the Contractor, and
the cost of the work shall be paid by the Contractor, or by his
surety under the terms of the Bond.
FO-28
31b3
77035
FC-32 DEFENSE OF SUITS:
In case any action at law or suit in equity is brought against
the Owner or Engineer or any officer or agent of either of
them, for or on account of the failure , omission, or neglect
of the Contractor to do and perform any of the covenants,
acts, matters, or things by this contract undertaken to be
done or performed, or for the injury •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 ir. the
fulfillment of this contract, the Contractor shall indemnify
and save harmless the Owner and Engineer and their o=cers
ana agents , o ' and from all losses, damages , costs, expenses ,
judgments , or decrees whatever arising out of such action or
suit that may be brought as aforesaid.
FC-33 TIME OF BEGINNING AND C0MPLETION :
Time of beginning and completion shall be governed .by the pro-
visions of Sections 108 . 2 , 108 . 3. 1 , 108 . 3 . 2 , 108 . 6 .4 , 108 . 6. 4 . 1 ,
108 . 6. 4 . 2 and 108 . 6. 4 . 3 of the Missouri Highway Specifications .
The time of completion shall be the number of working days
in the Proposal .
The Engineer will take into account the reasons for delay given
in the second paragraph of Article FC-34 , entitled "Delays and
Extensions of Time" , and as may be stipulated in the Special Con-
ditions in judging the number of working days to be charged against
the Contractor.
FC-3! DELAY S ANN EXTENSIO11 OF TI:1^
The Contractor expressl•; covenants and agrees that. in under.-
taking the completion of the work within the time herein, fized.
he has taken into consideration: and made allowances for all of
the ordinary delays and hindrances incident to such work
whether growing out of delays in securing materials or workmen,
or otherwise.
Should the Contractor, however, be delayed in the prosecution,
and completion of the work by reason of delayed shipment ,
orders , or. by any charges, additions, or omissions therein
ordered in writing by the Owner, or by strikes or the abandon-
ment of the wort: by the men engaged thereon through no fault ,
of the Contractor, or by any act taken by the U. S. Government
such as the commandeering of labor or materials , embargoes , etc . ,
which would affect the fabrication or delivery of materials
and/or equipment to the work; or by neglect , delay or default ,
i
' FC-29
11375
Liq. Dam 100
FC-34 DELAYS AND EXTENSION OF TIME : (CONTINUED)
of any other contractor of the Owner, or delays caused by
court proceedings ; the Contractor shall have no claims for
damages for any such cause or delay ; but he shall in such
cases be entitled to such extension of the time specified for
the completion of the work as the Owner and the Engineer shall
award in writing on account of such delays, provided, however,
that claim for such extension of time is made by the Contractor
to the Owner and the Engineer in writing within one (1) week
from the time when any such alleged cause for delay shall occur.
FC-35 LIQUIDATED DAMAGES :
It is mutually understood and agreed by and between the parties
to this contract, in the execution of the same, that time is
of the essence of the Contract . In the event that the Con-
tractor shall fail to complete the work to be performed under
I this contract by and at the completion time bid in the Proposal,
the Contractor shall pay unto the Owner as and for liquidated
damages , and not as a penalty, the sum of
One Hundred Dollars ($100 .00) for each and every calendar day
unless amended in Part I of the Detail Specifications that the
Contractor shall be in default ; extensions of time granted by
the Owner in accordance with the provisions of Article FC-34
shall not operate to the contrary, unless such extensions
granted by the Owner specifically provide for the waiving of
liquidated damages during and over such period of time extension.
Liquidated damages will be waived for and during the extent of
any delay caused by the inability of the Contractor to obtain
materials or equipment by reason of Federal embargoes, priority
orders, or. other restrictions imposed by the United States
Government, provided that adequate evidence is presented by
the Contractor to prove such delay and to enable the Owner
to determine with exactness the extent and duration of such
delay for each item of material and equipment involved.
The Owner shall have the right to deduct said liquidated
damages from any moneys in its hands , otherwise due, or to
become due , to said Contractor, or to sue for and recover
compensation for damages for non-performance of this Contract
at the time stipulated herein and provided for.
. r
FC-30 r
3163
FC-36 PAYMENTS :
After the contract has been awarded, the Contractor shall
file with the Engineer, a segregation of his lump sum bid into
items similar to the various sub divisions of the detailed
specifications, the sum of which shall equal the lump sum bid .
The cost of the various materials shall also be furnished
upon request . This data will be used by the Engineer as a
basis for making monthly estimates for payment .
On or about the first day of each month, the Engineer will r
make an approximate Estimate of the value of the work done
and unused materials delivered and stored on the site of the
work during the previous calendar month. After each such
Estimate shall have been approved by the Owner, the Owner
shall pay to the Contractor ninety ( 90%) per cent of the
amount of such estimated sum ( less the sum of all previous
payments) on or before the twenty-fifth day of said month.
A final Estimate will be made following the final inspection
as provided under Article FC-38 "Acceptance and Final Payment"
at which time the Contractor will be paid the full amount. of
contract price less amounts previously paid.
Adjustments may be made in the lump sum bid for variations
in certain items at the unit prices named in the Proposal.
All other variations must be made as provided under Article
FC-21 "Additional, Omitted or Changed Work" .
It is agreed by the Contractor that any payments or advance-
ments of funds to be made to the Contractor under the provisions
of this agreement shall not be assigned or pledged by said
Contractor unless consent in writing is first obtained from
the Owner.
If the Owner shall at eny time fail to make the Contractor
a monthly estimate at the time herein specified, such failure
shall not be held to violate or void this contract .
FC-37 PAYMENTS WITHHELD:
The Owner may withhold or, on account of subsequently dis-
covered evidence , nullify the whole or a part of any ,
Estimate for payment to such extent as may be necessary to
protect himself from loss on account of:
(a) Defective work not remedied, r
(b) Claims filed or reasonable evidence indicating
probable filing of claims,
1
FC-31
3163
FC-37 PAYMENTS WITHHELD: (CONTINUED)
(c) Failure of the Contractor to make payments
properly to subcontractors or for material
or labor,
(d) A reasonable doubt that the Contract can be
completed for the balance then unpaid,
(e) Damage to another contractor,
(f) Any other violation of or failure to comply
with the provisions of this contract .
When the above grounds are removed, payment shall be made
for amounts withheld because of them.
FC-38 ACCEPTANCE AND FINAL PAYMENT:
As soon as the work has been satisfactorily completed, the
Engineer will make a Final Estimate stating that the work
provided for under this Contract has been completed and is
accepted by him under the terms and conditions thereof, with
qualifications, if any, as stated and the balance found to be
due the Contractor according to the terms of payment shall be
paid by the Owner as provided under Article FC-36 "Payments" .
Prior to filing of Final Estimate, the Contractor shall file
with the Owner an affidavit stating that all bills for material
and equipment used in the work have been paid. If all bills
have not been paid the affidavit shall include a complete
list of all unpaid bills .
The making and acceptance of the final payment shall constitute
a waiver of all claims by the Owner, other than those arising
from unsettled liens , from faulty work cr materials appearing
after final payment or from requirement of the specifications ,
and of all claims by the Contractor, except those previously
made and still unsettled.
If the work has been partially but substantially complete to
the extent that all adjustments in the Contract Sum may be
made as specified under FC-21 "Additional, Omitted and Changed
Work" , the Engineer may, if material delay in completion is
anticipated or if otherwise deemed in the interest of the work,
file a Final Estimate , retaining in addition to other require-
ments which may be specified under Article FC-36 "Payments"
an amount representing the cost of unfinished work. Such
FC"32
3163
FC-38 ACCEPTANCE AND FINAL PAYMENT: (CONTINUED)
payment shall be made under the terms and conditions governing
final payment except that it shall not constitute a waiver of
claims.
FC-39 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.
, 1
SPECIAL CONDITIONS
TABLE OF CONTENTS
SC-1 Insurance
SC-2 Regulations of the Contract
SC-3 Specifications
-� SC-4 Changes , Approval of Materials and Authority of
Construction Representative
SC-5 Contractor's Responsibility for Materials
SC-6 Water
{ ' SC-7 Power
® SC-8 Lines and Grades
�+ SC-9 Maintenance of Traffic
SC-10 Barricades and Lights
SC-11 Existing Underground Installations and Structures
SC-12 Temporary Surfacing
SC-1
77035
SPECIAL CONSTRUCTION REQUIREMENTS
FOREWORD:
The provisions of this Part take precedence over any other pro-
visions in these specifications .
SC-1 INSURANCE:
Article FC-6 entitled "Insurance" is modified in the following
paragraphs of this Article.
Subcontractor' s Insurance : At the end of subarticle FC-6A add the
following - "If a part o the Contract is to be sublet , the Contrac-
tor shall either:
1 . Cover any and all subcontractors in his insurance policies ,
t � or
2. Require each subcontractor not so covered to secure insur-
ance which will protect said subcontractor and the Owner
against all applicable hazards or risks of loss as and in
the minimum amounts designated in Article FC-6 as amended
in this Article.
It shall be the responsibility of the Contractor to see that this
is done."
Builder's Risk Insurance and Installation Floater Insurance as
required by paragraphs I $ J are not required.
Insurance Certification : The insuring company shall deliver to 'the
Owner together with all certificates of required insurance a letter
signed by an authorized representative and certifying that all pro-
visions of the insurance requirements are complied with. The form
of the letter is bound in this Project Manual .
Approval of Insurance. The Contractor may not begin work of any
nature until all insurance requirements are met and approved by 'the
Owner's attorney.
SC-2 REGULATIONS OF THE CONTRACT:
The Regulations of the Contract (Section FC) are general in scope ,
and may refer to conditions not encountered on or in connection
with the work covered by this Contract. Any provision of the
SC-2
77035
SC-2 REGULATIONS OF THE CONTRACT: (CONTINUED)
Regulations of the Contract which pertains to a nonexistent con-
dition and is not applicable to the work to be performed here-
under, or which conflicts with any provision of the General
Construction Requirements , shall have no meaning in the Contract
and shall be disregarded.
SC-3 SPECIFICATIONS:
The specifications which shall govern the materials and equipment
to be furnished and the work to be performed in the construction
of the work under this contract are identified and indexed in the
Table of Contents at the beginning of this volume of the contract
documents .
No attempt has been made in the designated specifications to
segregate work to be performed by any trade or subcontract under
any one specification or part thereof. Any segregation between
the trade or craft jurisdictional limits will be solely a matter
.:. .of agreement between the Contractor and his employees and his
subcontractors.
SC-4 CHANGES APPR0VAL OF MATERIALS AND AUTHORITY OF CONSTRUCTION
REPRESENTATIVE:
Wherever the words "or equal" appear in the Plans and Specifications
the Engineer shall be the sole fudge as to whether an alternate
product is equal to the product or trade name mentioned,
The listing of a trade name in these specifications is not intended i
to exclude similar equal products and other similiar products will be
considered. The specified product will be used as a standard for
comparison of other products .
The Contractor shall submit to the Engineer at least six conies of
shop drawings , catalog data , supporting data , specifications , etc.
on all items of equipment and materials before ordering same . No
equipment or material of any kind may be placed in the work until
the Contractor and the Construction Representative have received
written approval either by letter or by drawings , etc. , stamped
"Approved - Final". It shall also be the Contractor's responsibility
to point out any variations from the Engineer's specifications in any
items submitted for approval .
SC-3
77035
SC-4 CHANGES APPROVAL 'OF MATERIALS AND AUTHORITY 'OF 'CONSTRUCTION
REPRESENTATINE: N 'INUED
The project shall be constructed in accordance with the Contract
Plans and Specifications unless a change order is received in
writing from the Kansas City office of Larkin $ Associates . The
Construction Representative will lay out lines and grades and
will make general inspection of the construction, but will have
AU
no authority to make or to allow changes in design or construction.
Request for changes desired by the Contractor shall be submitted
by him in writing to the Engineer sufficiently in advance to
allow proper investigation and consideration. Otherwise , the
Engineer will not be responsible for delays .
SC-5 CONTRACTOR' S RESPONSIBILITY FOR MATERIALS:
The Contractor shall be responsible for the condition of all
materials furnished by him, and he shall replace at his own cost
and expense any and all such material found to be defective in
design or manufacture, or which has been damaged after delivery.
This includes the furnishing of all materials and labor required
for replacement of any installed material which is found to be
defective at any time prior to the expiration of one year from
the date of final payment.
The manufacturer of pipe for use on this project shall certify in
writing to the Owner that all materials furnished for use in this
project do conform to these specifications . Whenever standard
tests are conducted, he shall forward a copy of the test results
to the Owner.
SC-6 'WATER:
All water required for and in connection with the work to be per-
formed shall be provided by the Contractor at his sole cost and
expense.
SC-7 POUTER:
All power for lighting, operation of the Contractor' s plant or
equipment, or for any other use by the Contractor, shall be pro-
vided by the Contractor at his sole cost and expense.
SC-4
77035
SC-8 LINES AND GRADES: w
The Department of Public Works will set construction stakes
establishing lines , slopes , and continuous profile grade in road
work, and centerline and bench marks for culvert work, and appur-
tenances as may be deemed necessary, and will furnish the Contrac-
tor with all necessary information relating to lines , slopes , and
grades , to lay out the work. correctly. The Contractor shall main-
tain these lines , grades , and bench marks and use them to lay out
the work he is to perform under this contract.
The Contractor shall notify the Department of Public Works not
less than 48 hours before stakes are required. No claims shall
be made because of delays if the contractors fail to give such
notice.
The Contractor shall carefully preserve stakes and bench marks .
If such stakes and bench mark become damaged, lost, displaced, or
removed by the Contractor , they shall be reset at his expense and
deducted from the payment for the work. r
Any work done without being properly located and established by 1�
base lines , offset stakes , bench marks , or other basic reference
points checked by the Construction Representative may be ordered
removed and .replaced at the Contractor 's expense.
The Contractor shall be responsible for visually checking stakes and
shall immediately report any apparent error he discovers .
The Contractor shall furnish all stakes needed for the staking .
SC-9 MAINTENANCE OF TRAFFIC :
The portion of the project from Jackson Street to Leslie Boulevard
may be kept closed to through traffic until the project is complete .
No detour will be required for this section.
The portion of the project from Monroe Street to Jackson Street
may be closed to through traffic as needed to facilitate construc-
tion. When this portion of the project is closed to through
traffic , the Contractor shall provide proper barricades and shall
mark a detour route around this section of the project . The route
of the detour shall be as approved by the Director of Public Works .
All detour signing shall conform to the "Manual on Uniform Traffic
Control Devices . "
Whenever any street is closed, the Police Department, Fire Depart-
ment, and ambulance services shall be notified prior to the closing.
The portion of the project from Highway 54 to Monroe Street shall
be kept open to through traffic during construction . The Contractor
shall maintain this segment of the project in a safe and travelable
condition for at least one-lane traffic at all times .
°* SC-5
77035
SC-9 MAINTENANCE 'OF TRAFFIC: (CONTINUED)
®Throughout the project , wherever homes are served directly from a
street or portion of a street which is to be reconstructed under
this project, the Contractor shall make every effort to provide
® access to each home every night . This work shall be subsidiary to
■1 the construction and no direct payment will be made for it.
SC-10 BARRTCADES AND LIGHTS
All streets , roads , highways and other public thoroughfares
which are closed to traffic shall be protected by means of
effective barricades on which -shall be placed acceptable warning
signs . Barricades shall be located at the nearest intersecting
® public highway or street on each side of the blocked section.
® All open trenches and other excavations shall be provided with
suitable barriers , signs , and lights to the extent that adequate
protection is provided to the public. Obstructions , such as
material piles and equipment , shall be provided with similar
warning signs and lights .
All barricades and obstructions shall be illuminated by means
of warning lights at night. All lights used for this purpose
shall be kept burning from sunset to sunrise. Materials stored
'upon- or,'alongside public streets and highways shall be so placed,
and the work at all times shall be so conducted, as to cause the
minimum obstruction and inconvenience to the traveling public.
All barricades , signs , lights and other protective devices shall
be installed and maintained in conformity with applicable statutory
requirements , and in conformance with. the Manual of Uniform Traffic
Control Devices . All necessary barricades , signs , lights , and
other protective devices will be furnished by the City of Jefferson
and shall be installed and maintained by the Contractor .
SC-11 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES :
Pipe lines and other existing underground installations and
structures in the vicinity of the work to be done hereunder are
indicated on the plans according to the best information avail-
able to the Owner. The Owner 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 trench excavation.
Any delays to the Contractor caused by pipe lines or other under-
ground 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 .
r
SC-6
77035
SC-11 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES:
CO INKED
No payment will be made to the Contractor for locating and pro-
tecting utilities and cooperating with their owners , and any
damages caused to the utilities by the Contractor 's negligence
shall be repaired entirely at the Contractor's expense .
Utilities , other than sanitary sewers and water mains , which, in
the opinion of the Engineer, must be moved will be moved by the
utility company at no cost to the Contractor. Sanitary sewers
which must be moved shall be relaid by the Contractor and paid
for at the prices bid. Only sewers which must be moved because
of direct conflict with the storm sewer conduit will be' paid for
in this manner. Sewers damaged by excavation but not in direct
conflict with the storm sewer will be repaired at the Contractor' s
expense.
Water mains will either be moved by the Contractor with payment
for time and materials as set forth in Art. FC-21 or at the Water
District' s option they may elect to move the mains themselves
and bill the Contractor. In this case the City will reimburse
the Contractor for the amount of the bill .
SC-12 TEMPORARY SURFACING:
SC 12. 1 General . Crushed stone for temporary surfacing or
asp altic concrete for temporary surfacing shall be
furnished and placed by the Contractor when required
for maintenance of traffic and access and when author-
ized by the Engineer. The Contractor shall plan his
work in such manner as to minimize the need for temporary
surfacing and thereby minimize the cost to the Owner.
SC-12. 2 Materials and construction for temporary surfacing shall
be in actor ante with the requirements of Missouri
Standard Specifications for Highway Construction, section
1006. The material shall be laid down and maintained by
the Contractor for so long as the particular temporary
access is required. When required, additional material
shall be brought in as directed.
SC-12. 3 Disposal : Temporary crushed stone surfacing, when no ,
onager required at a particular location , shall be dis-
posed of by the Contractor . Disposal shall be in
accordance with the requirements of Item 1 below and,
at the Contractor's option , may be in accordance with the
requirements of any of Items 2 through 5 below:
r
SC-7
77035
1 ® SC-12 TEMPORARY SURFACING:' (CONTINUED)
1. The material shall be removed from all areas
to be sodded or seeded.
2. The material may be incorporated into the sub-
grade for stabilization or into the sub-base
for crushed stone drives .
3. The material may be incorporated into embank-
ment provided it is not of such gradation and
concentration as to block subsoil drainage.
The material shall be at least six (6) inches
below finished earth surface.
4 . The material may be moved to another location
and reused as temporary surfacing.
5 . The material may be removed from the site of
the work.
SC-12 . 4 Method of Measurement : The approved quantity of crushed
stone for temporary surfacing shall be measured per ton
as delivered to the project. Measurement shall be based
on truck weight tickets . Material will be measured only
once regardless of its salvage and reuse.
SC-12 . 5 Payment : Payment will be at the unit price bid for
CrusheEl Stone for Temporary Surfacing including all
necessary labor and materials .
SC-13 CERTIFICATIONS:
SC-13. 1 All suppliers of materials such as drainage pipe or hand-
rail and all suppliers of asphaltic concrete or portland
cement concrete mixtures shall certify in writing that
the product as supplied conforms fully with these speci-
fications . Such certification shall be delivered in
triplicate to the Resident Project Representative at
least 24 hours before the product is to be used on the
project.
SC-13. 2 The Owner, at his option, may perform or have performed
such tests as may be deemed necessary to further assure
that only specified materials are incorporated into the
work.
Such tests will be performed at no cost to the Contractor.
SC-8 ,
77035
SC-14 INSPECTION BY STATE HIGHWAY DEPARTMENT AND FEDERAL HIGHWAY
ADMINISTRATION:
In addition to the requirements stipulated in Article
FC-13 of the Regulations of the Contract, the Contractor
shall grant to the Missouri State Highway Department and
the Federal Highway Administration every reasonable
facility for ascertaining whether the work and materials
are in accordance with the Contract,
1
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
TS-1 Clearing F, Grubbing
TS-2 Removals
TS- 3 Earthwork
TS-4 Cleanup
TS- 5 Pipe Sewer Construction
TS-6 Drainage Structures
TS-7 Concrete
TS-8 Asphaltic Concrete
TS-9 Portland Cement Concrete Pavement
TS-10 Omit
TS-11 Omit
TS-12 Fencing
TS-13 Lawn Repair and Seeding
TS-14 Crushed Stone Driveways
TS-15 Omit
TS-16 Handrail
I
TS-1
77035
TECHNICAL SPECIFICATIONS
® STADIUM BOULEVARD
(HIGHWAY 54 TO LESLIE BOULEVARD)
JEFFERSON CITY, MISSOURI
TS-1 CLEARING & GRUBBING:
TS-1. 1 Scope: This work shall consist of clearing, grubbing,
removing and disposing of vegetation within the construc-
tion limits .
® TS-1. 2 Construction Requirements : The Engineer will establish
the construction limits and will designate all trees ,
shrubs , and plants within that area that are to remain.
All other vegetation within the construction limits
shall be removed and properly disposed of.
tStumps and roots in cut area shall be grubbed to a depth
of not less than twelve (12) inches below the finished
earth grade. Grubbing of Osage orange or locust hedge
shall include removal of roots . In embankment areas ,
undistrubed stumps and roots extending not more than
six (6) inches above the ground line may remain, provided
they are a minimum of three (3) feet below the finished
earth grade or the slope of the embankment. Except in
areas to be excavated, stump holes shall be backfilled
with suitable material and compacted to the approximate
density of the adjacent area.
When burning is permissible under controlling air pollu-
tion regulations , all burning of products of clearing
and grubbing shall be done under the care of a competent
watchman at such times and in such manner that neither
vegetation on adjacent property nor that designated to
remain on the right-of-way will be jeopardized. The
burial of stumps and debris will not be permitted on
the right-of-way. Products of clearing and grubbing may
be removed from the right-of-way and disposed of out of
sight from the roadway provided an acceptable written
agreement with the property owner on whose property the
products .are placed is submitted by the contractor.
The contractor shall scalp all areas where excavation
or embankment is to be made, except that mowed, burned
over sod need not be removed where the embankment to
be constructed is 4 feet or more in height. Scalping
shall include the removal of material such as sod, grass ,
' residue of agricultural crops , sawdust, and decayed
vegetable matter from the surface of the ground without
removing more earth than is necessary. The products of
TS-2
77035
TS-1 CLEARING & GRUBBING (CONTINUED) :
scalping shall be disposed of away from the site of
the work unless permission is granted by the Engineer e
to allow such disposal on the right-of-way. All such
disposal shall be at the Contractor' s sole expense.
TS-1. 3 Measurement and men
Payt : No measurement will be made
Of—Clearing and grubbing.
Payment for clearing and grubbing will be at the lump
sum price bid.
TS-2 REMOVALS:
TS-2. 1 Scope : This work shall consist of removing all drain-
age structures , pavements , surfacing, and base courses
of all types , curb, curb and gutter, sidewalks and house
walks , steps , retaining walls , foundation walls , catch
basins , manholes , drainage and sewer pipes , water and
gas main pipes , other objects or structures , and other
existing improvements which conflict with the work and
are not designated - to remain in place. No listing of
items to be removed will be made.
TS-2. 2 Construction Requirements : Old pavements , abandoned
sewers or pipe lines , or other obstructions to the con-
struction of the roadway or within the limits of the
right-of-way and not designated or permitted to remain ,
shall be removed or disposed of by the Contractor away
from the site of the work.
In removing pavement, curb, curb and gutter , gutters ,
sidewalk, and other similar improvements , and where
a portion of such improvements are to be left in place ,
they shall be removed to an existing joint or to a joint
sawed to a minimum depth of one inch with a true line and
vertical face. Sufficient removal shall be made to pro-
vide for proper grade and connections in the new work
regardless of any limits which may be indicated on the
plans.
All sewers , drainage pipes and floor drains which have
been or are to be abandoned shall be permanently sealed
at the ends with bulkheads constructed of concrete or
brick masonry, having a minimum thickness of 8 inches .
The use of salvaged brick will be permitted for con- e
structing bulkheads provided the brick are clean and
sound. No direct payment will be made for blocking
abandoned sewers , drainage pipes , or floor drains. ,
1
TS-3
77035
TS-2 REMOVALS (CONTINUED) :
Broken concrete, paving material , bricks or rubble
may be placed in roadway embankment providing they
are well spread, completely surrounded by dirt and
are not located 'within twelve inches of the finished
subgrade, shoulder or ground surface.
TS-2. 3 ?Measurement : The work provided herein will not be
measured for payment, but will be considered a lump
sum unit . This shall include the removal of all items ,
whether in view or hidden underneath the surface of the
ground, regardless of whether shown on the plans or
encountered during construction.
TS-2 . 4 Payment : The accepted removal of improvements will be
paid for at the contract lump sum bid price.
TS-3 EARTHWORK:
TS-3. 1 Scope: This work shall include all labor, material ,
equipment and. ser-vices necessary to complete all earth-
work as shown on the plans and specified herein includ-
ing roadway excavation , embankment , subgrade preparation
and finish grading, and also including excavation and
backfill for pipe trenches and structures .
TS-3. 2 Earthwork for Roa av:
TS-3. 2. 1 The term, "Roadway" , as used in this Section, is defined
as including roadways , roadway intersections , sidewalks ,
shoulders , cut and fill slopes , driveways , parking areas
and all other areas of earthwork except excavation and
backfill for pipe trenches and structures .
TS-3. 2. 2 Missouri Highway Specifications Section 203 shall govern
all earthwork for roadway except that the provisions for
measurement and payment therein shall not apply and except
as modified in the form of additions , deletions and
substitutions in this Article. Where any part of said
Section of the Missouri Highway Specifications is so
modified, the unaltered provisions shall remain in effect.
TS-3. 2. 3 Compaction shall conform to Missouri Highway Specifica-
tions ions 203. 2..•11 thru 203:-. 2...j8 ._..
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TS-4
77035
TS-3 EARTHIVORK: (CONTINUED) ,
TS-3. 2. 4 . _Dimes os�al : Unsuitable excavated material shall not be
us— ed in the embankments and shall not be disposed of on
right-of-way. Disposal shall be the sole responsibility
and at the sole expense of the Contractor. Unsuitable
and excess excavated material may be disposed of on private
property adjacent to the right-of-way, provided written
permission of the property owner is obtained, and provided
the surface is property finished and drained. In such
cases , seeding , sodding and other pay quantities shall
not be increased thereby.
TS-3. 2 . 5 Ditch Cleanout: Special care shall be taken to clean
out all debris and organic matter from existing roadway
ditches to be filled. The ditches shall be carefully
backfilled in accordance with the requirements herein,
using trench rollers or hand-operated power compactors
as may be needed to assure proper compaction throughout .
TS-3. 2 . 6 Undergr�aad�iing in Rock Cut : In rock cut areas excavation
shall be to twe ve (12) inches below sub-grade to
a minimum distance of two (2) feet behind back of curb.
Backfilling .of undergraded cut areas shall be with a
drainable material with top surface choked with fines for
proper sub grade preparation. Wherever possible , this
material shall be from project excavation. Where
authorized, an open-graded drainable crushed limestone
shall be brought in. Undrained pockets shall not be left
in the surface of the rock.
TS-3. 2 . 7 Sub-grade Stabilization: Pockets of unsuitable earth may
be encountered in cut areas where it will be impracticable
to replace with suitable materials from excavation on the
work site . In such cases , where authorized by the
Engineer, the Contractor shall furnish and place crushed
stone base as required to provide a stable sub-grade .
Crushed stone base shall be in accordance with the require-
ments of Article TS-14 Where necessary, a portion of
the stone base shall be mixed with existing earth to pro-
vide sub-grade stability, and that portion of the stone ,
base material shall be delivered to the project in as dry
as possible condition .
TS-3. 2. 8 Additional Base Thickness : Where, in the opinion of the '
ngineer, conditions are such that it is impracticable
to obtain sub-grade satisfactory for the design pavement
thickness , the Contractor may be directed to finish the ,
sub-grade at lower than specified elevation and increase
the thickness of asphaltic concrete base.
TS-3. 2 . 9 The provisions of paragraphs TS-3 .2.7 and 8 shall not be '
construed to relieve the Contractor of his responsibility
for any necessary aeration and compaction of suitable
earth at sub-grade level . '
' r
TS-5
77035
OS-3 . EARTHWORK: (CONTINUED)
TS-3. 2.10 Protection of Sub-grade : The Contractor shall protect
®
the su -gra e by not allowing delivery vehicles of excess
® weight thereon and by varying the path of delivery
vehicles so as to not cause excessive rutting. Heaving
or rutting damage to sub-grade caused by delivery
vehicles during asphalt paving operations shall be
immediately repaired and brought back to specified
elevation prior to placing asphaltic concrete base.
TS-3.2. 11 Topsoil : Insofar as practicable , available topsoil from
excavation on the project shall be placed in the top
portion of areas to be sodded, with preferance being
given to established yard grass areas.
TS-3. 2. 12 Area Drainage: All earth areas within and adjacent to
the grading limits as shown on the Plans shall be graded
to drain as directed by the Engineer , at one (1) percent
1 minimum slope wherever possible. Special care shall be
® taken to avoid leaving low areas or water pockets. No
direct payment will be made for such grading except that
measurement for payment of Proposal items will be made .
TS-3. 2. 13 Sub-Grade Tolerance: Except as otherwise specified in
paragraph TS-3 . 2. 7 , the sub-grade for all paving and
surfacing shall be within the tolerance range of minus
one-half (112) inch to plus one-quarter (1/4) inch with
respect to specified elevation.
ITS-3. 2 . 14 Borrow 11aterial :
(a) If borrow material is required, the Contractor
shall supply this material from a borrow area off
the site. The borrow area shall be obtained by
the Contractor at his sole expense . Borrow
' materials shall be approved by the Engineer before
they are transported to the site of the Project.
(b) Materials shall be similar to soils -found on the
Project. Soils showing high swell potentials will
not be approved.
(c) The Engineers ` Earthwork Calculations are shown on
the plans for the convenience of the Bidder.
r
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TS-6
77035
r
TS-3 EARTHWORK: (C0NTINUED)
TS-3. 3 Trenching , Embedment and Backfill for Pipe :
TS-3. 3.1 Trench Excavation and Sheeting :
(a) Excavate in open cut except where boring , jacking or
tunneling is specified. Trench walls shall be
vertical in streets or improved areas unless other-
wise authorized by the Engineer. Provide bracing ,
sheeting and cribbing where necessary to prevent
caving.
(b) All sheeting shall be pulled immediately prior to
backfilling around the sheeting. However, the
Engineer may direct all or a portion of the sheet-
ing to be left in place in order to protect the pipe
against shock load of caving banks, or to protect
adjacent street or property, or to prevent material
that cannot be compacted to specified density from
caving into the trench.
. (c) Where sheeting is left in place , do not brace
against pipe, but support in a manner which will not
apply concentrated loads or horizontal thrusts on
the pipe. Cross braces above the pipe may be rem:- . . d
after backfill to top of pipe has been completed,
(d) Trench walls may be sloped in unimproved areas if
required to prevent caving and if adjacent property
or trees to be left in place are not thereby sub-
jected to additional cutting of roots.
(e) See Pipe Embedment Details on Plans for minimum and
.maximum trench widths. If maximum is exceeded, and
strength requirements control , Engineer may direct
Contractor to install special bedding or heavier
class or gage of pipe at Contractor' s expense.
TS-3.3. 2 Ground Hater and Surface Water:
(a) 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 or bell hole excavation, such ground water
shall be lowered -by means of pumps or other acceptable
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TS-7
77035
® TS-3 EARTHWORK: (CONTINUED)
means to the extent necessary to keep the trench free
from water, pipe sub-grade stable and firm under foot,
at all times when work within the trench is in
progress.
(b) The Contractor may use additional granular fill
material , in accordance with the requirements of
subparagraph T•S-,1.•3.3 CbJ ,in connection with drainage
control, at his own expense .
(c) 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.
(d) Surface water shall be diverted, and otherwise pre-
vented from entering excavations and trenches to the
greatest extent practicable without damage to
adjacent property from dikes, ditches or impounded
water.
TS-3. 3. 3 Pipe Foundation Granular Fill and Trench Bottom
Stabilization:
(a) All pipe shall be bedded as shown in the "Pipe
Embedment Details" on the Plans.
(b) Granular fill shall be clean river gravel or
reasonably sound crushed limestone , free of
cementitious , shaly, or flat and flaky particles
in an amount which would cause the material to cake
or pack or otherwise form an unyielding support for
the pipe. Coarse river sand may be used upon Engi-
neer' s approval . Gradation shall be such that at
least ninety-five (95) percent passes a three-quarter
(3/4) inch square mesh sieve and not over five (5)
percent passes a number four (4) square mesh sieve.
1 (c) Stabilization: If the trench bottom at base of the
required pipe embedment material is unstable, the
Contractor shall excavate to an additional depth and
backfill with crushed stone as directed by the
Engineer. The size of stone used shall be as required
for effective stabilization. Where large stone is
' used, the upper portion shall be choked with smaller
stone and no stone larger than one (1) inch size will
be allowed within three (3) inches of the pipe wall.
Stabilization material ordered by the Engineer will
be paid for in accordance with the stipulations of
TS-8
77035
r
TS-3 EARTHWORK: (CONTINUED)
Articles TS-3.5 and TS-3.6 . However, payment will
not be made for stabilization material or extra
granular fill used for Contractor's convenience
in controlling drainage or as may be required to
stabilize trench bottoms made unstable through
Contractor' s disturbance thereof or excessive
tramping thereon.
(d) Pipe shall not be placed over frozen trench sub-grade.
(e) Placement of Granular Fill :
1. Place granular fill in lifts not exceeding six
(6) inches and bring up evenly on both sides of
pipe. Do not dump over side of trench in any
manner that will bring earth into the granular
fill area or displace the pipe. Compact, vibrate,
or slice with a shovel, in such manner that
granular fill will take its final compaction and is
provide uniform and solid bearing under and
around the pipe and its haunches.
. 2. Screed granular fill as shown on the Plans under
elliptical or arch pipe.
3. For a length of two (2) pipe diameters (effective
diameter equals average of span and rise for .
elliptical or arch pipe) on the upstream ends of
culverts, omit granular fill. Use selected• clay
screeded and compacted to not less than ninety
(90) per cent of Standard Density,
TS-3,314 Bell Holes : Dig bell holes where pipe has bell joints.
No part of any bell shall be in contact with the trench
bottom or sides or granular fill when the pipe is jointed.
TS-.3,3, S Backfill to Top of 'Pipe:
(a) See "Pipe Embedment Details" on Plans. This section
covers the backfill from top of granular fill to top
of pipe.
(b) Backfill as soon as possible to minimize the possi-
bility of damage to joints and inconvenience to the
public. '
(c) Material to be selected earth or granular fill mate-
rial, free from sod, sticks , roots , or rocks over one
(1) inch size , to be unfrozen, and to be of proper
moisture content for specified compaction. Suitable
material from the project excavation shall be brought
in from elsewhere on the work where required. ,
TS-9
77035
®TS-3 EARTHWORK: (CONTINUED)
(d) Place alongside pipe in loose layers of six (6) inch
maximum thickness , thoroughly compacting each layer.
Take special care to place and compact material
around the pipe so as to leave no voids and to pro-
vide uniform lateral support for the pipe. Bring
materials up uniformly on both sides of pipe, taking
special care with corrugated metal pipe .
(e) The material shall be compacted to the same density
as required for backfill above top of pipe.
T-S,,3_3. 6 Backfill Above Top of Pipe :
(a) General : Backfill from top of pipe to original
surface or to sub-grade where pavement is to be placed
is covered by .this section.
(b) Materials :
1. Material for backfill above top of pipe shall be
the same as for backfill below top of pipe as speci-
fied in..subparagraph TS. 3. .5 (c.)�. More suitable
material shall be brought from elsewhere on the
project if necessary and the unsuitable material
disposed of. If the specified compaction cannot
be obtained with earth excavated from the trench,
the Contractor shall use granular fill or similar
approved material at his own expense .
2. Rock larger than one (1) inch shall not be placed
within three (3) inches of pipe. - Rock larger than
eight (8) inches shall not be placed within two (2)
feet of the top of pipe . No rock larger than two
(2) inches may be placed in the upper six (6) inches
under pavement sub-grade. No rock may be placed in
the upper twelve (12) inches of trenches through
grass parkways or earth areas .
3. Large stones may be placed in the remainder of the
backfill only if well separated and so arranged
that no interference with the specified backfill
will result.
TS-10
77035
TS-3 EARTHWORK: (CONTINUED)
(c) Methods:
I. Method of backfill used shall not impose excessive
• concentrated or unbalanced loads , shock, or impact
on, or cause displacement of the pipe. The back-
fill shall be slowly rolled down a slope at the
end of the trench and shall not be pushed over the
side of the trench.
2. Consolidated material weighing more than one hundred
(100) pounds shall not be permitted to fall more
than three (3) feet into the trench unless cushioned
by at least three (3) feet of backfill over top of
pipe.
(d) Compaction:
1 . Backfill under pavements shall be defined as bein
un er all areas to be paved or surfaced for vehicj$r
access, except those to be surfaced with crushed
stone. The limiting line for such backfill shall
extend from sub-grade at twelve (12) inches beyond
edge of pavement or back of curb, downward on a
slope not steeper than one (1) to one (1) . In
areas so defined, backfill shall be to not less
than ninety-five (95) percent of Standard Density,
2. Backfill in Other Areas: In areas not defined in
Item 1 above , backfill shall be to not less than
ninety (90) percent of Standard Density.
3. The Engineer may cause field density tests to be
made whenever deemed necessary . The specified
density will be the minimum allowed and the attain-
ment thereof will be entirely the Contractor 's
responsibility. Obvious voids will not be permitted.
4. Thickness of backfill layers will be determined
by the coordination of test results with field pe
formance and equipment used. The Contractor will
be expected to maintain established procedures
except where unusual conditions arise. Maximum
lUt thickness shall be 8 inches . ,
TS-11
77n3S
�TS-3 EARTHWORK: CONTINUED)
TS-3. 3. 7 Installation of Pipe in Embankment :
(a) If embankment is made prior to placing pipe , excavate
trench, place pipe and backfill , in accordance with
the Specifications herein.
(b) If embankment is made after placing pipe, compact em-
bankment to top of pipe on both sides of pipe for a
distance of at least five (S) pipe diameters each side
of pipe.
TS-3. 3. 8 Protection of Pipe from Heavy Equipment: Provide temporary
ill to at least two (2) feet over top of pipe , extending
at least five (5) pipe diameters each side , or greater pro-
tection , as required to protect pipe from heavy equipment.
Damage to the nine resulting from excessive equipment
loads shall be satisfactorily repaired by the Contractor
at his sole expense.
ST S='3. 3. 9 Excavation Ahead for Location of Obstructions :
� .
(a) Except where otherwise directed, excavate at least
one hundred fifty (150) feet ahead of pipe laying in
order to uncover any possible obstructions in the way
of laying the pipe. If such obstructions are en-
countered, notify the Engineer immediately so that a
needed change may be considered and effected.
(b) Changes from Plans may be made only on the direction
of the Engineer. Such changes may include changes in
' line, grade, pipe size or type, additional or less
mitering, manholes , etc. Such changes may involve
unanticipated moving of underground utility lines.
(c) Refer to Article SC-12 regarding protection and
moving of utilities and other obstructions .
(d) The Contractor will be paid for the actual amount of
Proposal items authorized (within the pay limits
established) and performed by him. He will not be
paid for unused materials left over or for delays
arising from encountering obstructions .
TS-3. 3.10 Maximum len th of trenching allowed ahead of pipe la in
shall a one city block or our hundred 0 fee t w is -
ever is shorter.
i
TS-12 ,
77035
TS-3 EARTHIVORK: (CONTINUED)
TS-3.4 Excavation and Backfill to r Structures :
TS-3.4.1 The term "structures" as used in this Article, means
inlets , manholes and all other structures , not includ-
ing pipe.
TS-3.4 . 2 Missouri Highway Specifications Section 206 shall govern
excavation and backfill for structures except that the
provisions for measurement and payment therein shall not
apply and except as modified in the form of additions ,
deletions and substitutions in this Article. Where any
part of Missouri Highway Specifications Section 206 is so
modified, the unaltered provisions shall remain in effect.
TS 73.4. 3 Delete the following from Missouri Highway Specifications ■
Section 206:
(a) Subsections 206. 2, 206.4 . 7, 206. 4. 8 , 206. 4. 9,
206. 4. 10, and 206. 4. 11 .
, ,(b). All sections on Measurement and/or Payment.
TS-3.4 . 4 Crushed stone, as specified in paragraph TS-3. 3. 3(c) , shall
be installed where required by the stipulations of the
Missouri High};ay Specifications Article
206. 3. This requirement shall apply to all structures
as defined in paragraph TS-3. 4 . 1 . Stabilization material '
ordered by the Engineer will be paid for in accordance with
the stipulations of Articles TS-3. 5 and TS-3. 6. However ,
payment will not be made for stabilization material used for
Contractor's convenience in controlling drainage, in fine
grading , or as may be required to stabilize structure bottoms
made unstable through Contractor 's disturbance thereof or
excessive tramping thereon. '
TS-3.4. 5 Backfill for structures shall be in accordance with the
applicable requirements of Section TS-3. 3. 6 '
TS-3. 5 Method of Measurement:
TS-3. 5. 1 Compacted Embankment:
(a) The volume of Compacted Embankment will be determined '
to the nearest cubic yard by the average end area
method, except that at minor residential street inter-
sections and at private driveways it may be measured
by multiplying the area by the average depth of fill . '
TS-13
77035
&S-3 EARTHWORK: (CONTINUED)
(b) Measurement will be from existing surface, prior to
scalping and removal of existing pavements , surfacings ,
sidewalks or curb and gutter. Measurement will be to
sub-grade of street pavements and curb and gutter , to
one (1) foot behind back of curb and gutter , to finished
earth surface and to finished surface of sidewalks ,
driveway and parking area pavements . At street entrance
aprons , measurement will be to finished surface behind
normal back of curb line and to sub-grade on the street
side of a line one (1) foot behind normal back of curb
line .
(c) Measurement will not be made for normal scalping
and cleaning out of roadway ditches or for re-g
moval of pavements , surfacings , sidewalks , curbs
or curb and gutter.
(d) Measurement will be made for backfill : of authorized
removal of unsuitable materials at base of embankment
areas , for undergrading in unstable sub-grade areas ,
4 ..and for undergrading in. rock at. sub-grade level .
(e) No measurement for payment will be made for any of the
following:
1 . Compaction of earthwork, or water for compaction.
2 . Earth excavation for pipe or structures or ba:}--
fill of such excavation .
3. Excavation whether for roadway, or structures .
4 . Borrow material or excavation.
(f) Original Ground Line : The original ground line is
plotted From field surreN*s by CMPS.
(g) Commutations : The Engineer ' s earthwork computations
are availaBTe for inspection . The volume of Compacted
Embankment, as shown thereon and as listed on the Plans ,
not including contingencies allowed in computing the
' Proposal quantity, will be the basis for final pay-
ment , except as follows:
1 . Errors are found in the original computations.
TS-14 r
77035
TS-3 EARTHWORK: (CONTINUED)
2. Significant errors are found on the cross section
sheets , either in original ground line or in
plotting final template .
3. An authorized change in grade , slope or typical
section is made .
4 . Unauthorized deviations decrease the quantities
on the Plans .
S. In the block between Monroe and Adams , cross
sections on the right side are approximate only.
Some regrading of this area may have occurred
prior to construction. Existing ground shall be
checked against the cross sections prior to
beginning regrading of this. area.
TS-3. 5. 2 Borrow Excavation : No measurement of borrow excavation
will be made . All costs of supplying borrow material
to the Project site shall be included in the bid price
for compacted embankment.
TS-3. 6 Basis of Payment:
TS-3. 6. 1 Compacted Embankment , measured as provided , will be paid
for at the Contract unit price bid per cubic yard.
TS-3. 6. 2 Crushed stone for sub-grade and trench bottom stabilization ,
as well as open-graded drainable crushed stone for back-
filling of undergraded rock cuts , measured as provided , will
be paid for at the Contract unit price bid per ton.
TS-4 CLEANUP:
The Contractor shall remove from the owner's property '
and from all public and private property, at his own expense
all temporary structures , rubbish, excess excavation and was
material resulting from his operations . All material found '
to be unsatisfactory for backfill shall be removed at the
Contractor 's expense.
TS-15
77035
TS-4 CLEANUP: (CONTINUED)
All existing sod areas shall be hand raked to remove earth
deposited on or in them during construction.
All ditches shall be graded and properly sloped. Excess
excavated material shall be removed from ditches .
Shoulders where sodding, seeding or surfacing is not required
shall be bladed and shaped.
The project area shall be kept at all times as neat and
clean as possible. Debris from construction operations
shall be removed from the site as soon as construction is
completed in a given area. Dirt piles shall be removed and
the area finish graded as soon as -possible after construction
of a given section of the project is completed. In no
instance shall dirt piles or debris be allowed to remain
on lawn areas long enough to damage growing sod.
TS-5 PIPE SEWER CONSTRUCTION:
TS-5.1 General : This work shall include the construction of all
pipe sewers whether storm sewers or sanitary sewers. The
material required for each section of sewer shall be as shown
on the plans . Trenching shall be in accordance with Part TS-3
of .these specifications.
TS-5. 2 Reinforced Concrete Pipe Storm Sewers :
TS-5.2. 1 General: This section covers the materials and construction
of reinforced concrete pipe storm sewers . Other types of pipe
and all appurtenant structures are covered in other sections
of these specifications .
TS-5. 2. 2 Material : All reinforced concrete pipe shall conform to the
requirements of ASTM C-76-62T, Class III , Wall B. Pipe joints
shall be tongue and groove or bell and spigot type.
Pipe for use on the project shall appear neat and well made.
It shall be free of cracks, broken places, and obvious manu-
facturing defects .
' All pipe shall be stamped on the inside with its class before
delivery to the job site.
' S-5.2.3 Pipe Laying: Pipe shall be carefully handled by sling or
other means to protect it from damage. Particular care
shall be taken to avoid any free fall or shock to the pipe.
Pipe shall be carefully placed on the prepared bedding
material and jointed as specified below. Pipe shall be
layed true to both line and grade and shall produce a
straight line between structures except where other than
straight alinement is required or allowed by the plans .
TS-16
77035
TS-5 ?1PE :SEWER CONSTRUCTIDN:' ' ('CONT'INUED)
Where curves are required they may be accomplished by the
following methods :
(a) If the curve is slight or if the radius of the
curve is very long, curving may be accomplished
by deflecting each pipe joint in the curved
section equally to form a smooth uniform curve.
In no case shall any pipe joint be deflected to
the extent that the maximum opening of the joint
exceeds one half the joint depth (one half the
depth of the socket) .
(b) Short radius bends shall be accomplished through
the use of factory made mitered pipe sections.
These sections shall be fabricated specifically
for a given curve and, when properly assembled,
shall produce a uniform curve (consisting of a series
Of short chords) of the specified radius . Pipe sh 1
be placed in accordance with the manufacturer's
recommendations and the details given on the plans
All pipe laying shall begin at the lowest point on the sewer
proceed to the higher parts.
TS-5. 2. 4 Jointing : Pipe jointing shall be as specified in Sec.
726 "Missouri Standard Specification for Highway
Construction", except as follows :
(a) Cement mortar joints other than "diaper"
joints will not be permitted.
(b) Pipe joint surfaces shall be clean prior to
jointing.
(c) Care shall be taken not to allow bedding material '
or other deleterious matter to enter the joint
during pipe laying or jointing .
TS-5. 2. 5 Backfill : Following jointing sufficient bedding material '
shall a placed and compacted along the sides of the pipe
to hold it securely in place during the backfill operation.
See plans for bedding details . I I
Next, the trench to 12 inches above the top of the pipe shall
be backfilled with layers of carefully compacted select back- '
fill material. This material shall be placed and compacted
simultaneously on both sides of the pipe.
TS-17
77035
&S-5 PIPE SEWER CONSTRUCTION: (CONTINUED)
Backfill above this Point shall be as specified in TS-3.
TS-5. 2. 6 Pipe Anchors : Wherever storm sewer does not outlet into
a paved channel or other structure, pipe anchors as shown
on the plans will be required to connect all pipe joints
in the 20 feet of storm sewer preceeding the outlet. This
20 feet shall include the length of the end section.
TS-5. 3 Corrugated Metal Pipe and Pipe Arch Storm Sewers
TS-5.3. 1 Scope : This specification covers corrugated metal pipe,
pipe arch, and fittings which shall be furnished and installed
complete with connecting bands and other necessary appur-
tenances for sewers and culverts. Wherever applicable, the
term, "pipe" , shall also include pipe arch.
TS-5. 3. 2 Uses : Where "CMP" is called for or allowed on the plans
corrugated steel pipe as specified herein may be used. Such
pipe shall be ib tuminous coated with 25% paved invert unless
otherwise called for on the plans .
TS'S. 3.'3 Materials :
TS-5. 3. 3. 1 Corrugated Metal Pipe and Pipe Arch shall be in
accordance with AASHO Desig. M 36 for riveted pipe and
pipe arch. Helically constructed corrugated steel pipe
which meets all other criteria of this section may be
1 used provided the corrugations of the ends of the joints
of pipe are made annular for tighter jointing. Unless
otherwise specified or shown on plans, gages shall be as
follows :
Round Pipe
6" through 24" dia. - 16 ga.
30" through 36" dia. - 14 ga.
42" through 5411 dia. - 12 ga.
•60" through 72" dia. - 10 ga.
Pipe Arch
' 18" x 1111 through 25" x 16" - 16 ga.
29" x 18" through 36" x 22" - 14 ga.
743" x 27" through 65" x 40" - 12 ga.
' 211" x4911 - 10 ga.
TS-18
77035
TS-5 PIPE SEWER CONSTRUCTION: • (CONTINUED
TS-5. 3.3. 2 Bonding, Coating & Lining
(1) Bituminous Coating - Type A bituminous coating
AASHO Desig . NI 190 is required.
(2) Painting . Paint one coat aluminum paint on out-
side of Fipe that will be exposed when con-
struction is completed or that will be exposed
to hot summer sun during storage.
TS-5. 3. 3.3 Coupling Bands . Use standard coupling bands in ac-
cordance with AASHO Desig. Al 36 . Coupling bands
shall be bituminous coated in accordance with AASHO
Desig. M 190, Type A. 111hereever helically corrugated
pipe with annular end corrugations is used, a flat
band with "0" ring gaskets shall be used.
TS-5. 3.3 .4 Fittings shall be of same gage as pipe, continuously
welded , and bituminous coated after fabrication in
accordance with AASHO Desig. Pd 190 , Type A.
TS-5. 3.3. 5 End Sections . Flared end sections in accordance with
published Standard of National Corrugated Metal Pipe
Association. Toe plate is required. Field coat on
side against earth with heavy coat of Trumbull "5X"
or equal .
TS-5. 3. 3. 6 Identification. Securely wire 22 gage metal tag to
top of each piece of coated pipe so that it can be
seen immediately after installation and prior to back-
filling . Stamn tag with gage of metal , whether
asbestos bonded, pipe manufacturer 's name , and date
of coating.
TS-5 . 3. 3 . 7 Lift Hooks. Provide lift hooks as required to protect
coating •rom damage in handling . See Art. TS- 5. 3.4 . ,
TS-5.3 .4 Handling : Pipe , fittings and accessories shall be
handled in a manner that will insure their installation
in the work in sound, undamaged condition. Contractor 1
shall be responsible for having available equipment to
properly handle the pipe. Hooks inserted in ends of
pipe shall have broad, well-padded contact surfaces. '
Pipe and fittings shall not be dropped, bumped or dragged
along the ground.
Where coating or paving is damaged by handling, instal- '
lation or cutting, replace to equivalent of new pipe
coating or paving. All bituminous coated pipe shall be
Provided with and handled by lift hooks . '
TS 19
77035
® TS-5 PIPE SEWER CONSTRUCTION: (CONTINUED)
' TS-5. 3. 5 Cleanin : The interior of all pipe and fittings shall
be t roughly cleaned of all foreign matter before being
installed and shall be kept clean until the work has -
been accepted. All joint contact surfaces shall be kept
clean until the jointing is completed.
Every precaution shall be taken to prevent foreign
.material from entering the pipe during installation.
No debris , tools , clothing or other matierials shall
be placed in the pipe .
Whenever pipe laying is stopped, the upper end of the
pipe shall be closed with an end board closely fitting
the end of the pipe and having a number of small holes
drilled near the center, to prevent the trench from
filling with water and to keep sand and earth out of the
pipe.
TS-5. 3.6 Alignment and Grade : Corrugated metal pipe shall be
al�igned�and gr —in accordance with the requirements
for reinforced concrete pipe.
Where plans show grade change between structures or
slight alignment change to clear obstructions , deflect
pipe and joints over a distance as required, after
joints have been coupled and only to the extent that
joints will not be overstressed.
TS-5. 3. 7 Laying Pipe : Pipe shall be protected from lateral dis-
placement by means of pipe embedment material installed
as provided in the trench backfill specification. No
pipe shall be laid in water and no pipe shall be laid
in unsuitable weather or trench conditions.
When jointed in the trench, the pipe shall form a true
and smooth line. Pipe shall not be trimmed except for
closure, and pipe not making a good fit shall be removed.
Unless otherwise approved by the Engineer , the laying
of pipe shall be begun at the lowest point and the pipe
' shall be installed so that the outside laps of circum-
ferential joints point upstream and' with longitudinal '
laps on the sides .
TS-20
77035 '
TS- 5 PIPE SEINER CONSTRUCTION: (CONTINUED)
TS-5. 3. 8 '•'Cour 11'n ' Pip e : Pipe ends shall be butted as closely as
t'he corrugations will permit, then joined with a firmly
bolted coupling band.
Draw coupling bands tight. Merely tightening bolts
will not be adequate. Lubricate contact surfaces of
coated pipe and bands with fuel oil or similar solvent .
Tap the bands with heavy wooden or rubber mallet. Use
chain clinching device or special clamping device if
required for tight connection on. larger pipe .
Field coat coupling bolts , nuts and rods with bituminous
material after installation.
TS-5. 3. 9 Installing End Sections : Prepare moist clayey soil
Baring shaped to end section and place thereon. Join
end section to pipe with coupling band. The toe plate
shall be set in a trench and backfilled with compacted
moist clayey soil or driven to the required elevation .
TS-5. 4 Plastic Gravity Sewer Pipe :
TS-5. 4 . 1 General : This specification designates general require-
mentsror polyvinyl chloride (PVC) Plastic Gravity Sewer
Pipe with integral wall bell and spigot joints for the
conveyance of domestic sewage.
TS-5. 4 . 2 Materials :
Pipe and fittings shall meet and/or exceed all of the
requirements of ASTM Specification D3034.
All pipe shall be suitable for use as a gravity sewer
conduit . Provisions must be made for contraction and
expansion at each joint with a rubber ring. The bell
shall consist of an integral wall section stiffened with
two PVC retainer rings which securely lock the solid
cross section rubber ring into position. Standard lengths
shall be 20 feet and 12 . 5 feet t 1 inch.
Rubber gaskets shall comply with the physical requirements
of ASTM-D1869, C361 and C443. Lubricant shall have no
deteriorating effects on the gasket or the pipe materials.
TS-5.4 .3 Fittings :
All fittings and accessories shall be as manufactured and '
furnished by the pipe supplier or approved equal and have
bell and/or spigot configurations identical to that of
the pipe . '
TS-21
77035
TS-5 PIPE. SEWER CONSTRUCTION: (CONTINUED)
TS-5. 4 .4 Ph sical and Chemical Re uirements : The pipe shall be
designed to pass all tests at 7 F (± 3 0 F. )
TS-5.4 . 5 Pi a Stiffness : Minimum "pipe stiffness" (F/,Q y) at 5%
deflection shill be 46 for sizes 6 inch through 12 inch
when tested in accordance with ASTM Designation D2412.
Minimum "pipe stiffness" for 4 inch shall .be 51 .
External Loading Properties of Plastic Pipe by Parallel-
Plate Loading.
TS-5. 4. 6 Flattenin : There shall be no evidence of splitting,
crac Zng or breaking when the pipe is tested as follows :
Flatten specimen of pipe, six inches long between paral-
lel plates in a suitable press until the distance between
the plates is forty percent of the outside diameter of
1 the pipe. The rate of loading shall be uniform and such
that the compression is completed within two to five
minutes .
TS-5. 4. 7 Drop Impact Test: Pipe (.6" long section) shall be sub-
jected to impact from a free falling tup (20 lb. Tup A. )
in accordance with ASTM method D2444. No shattering or
splitting (denting is not a failure) shall be evident
r when the following energy is impacted:
Nominal size 4" 6" 8" 10" 12"
Ft . -Lbs . 150 210 210 220 220
TS-5.4 . 8 Acetone Immersion Test : After 20 minutes immersion in
a sealed container of anhydrous (99 . 5% pure) acetone a
1" long sample ring shall show no visible spalling or
cracking (swelling or softening is not a failure) when
tested in accordance with. ASTM 2152 .
TS-5. 4 . 9 'Sizes , 'Dimensions and Tolerances :
1 Nom. Outside Diameter Min. Wall
Size Average Tolerance Thickness SDR
4 4 . 215 ±0. 009 0. 125 33. 5
6 6. 275 ±0. 011 0. 180 35
8 8. 400 ±0. 012 0. 240 35
10 10. 500 ±0. 020 .300 35
12 12. 500 ±0. 024 .360 35
TS-5.4.10 Alignment and Grade: Pipe which is a part of the gravity
sewer line shall e aligned and constructed to grades
as shown on the Plans.
TS-22
770.35
TS-'S PIPE SEXIER CONSTRUCTION: (CONTINUED)
TS-5.4 .11 Pipe Embedment and Trench Backfill : As shown on the
plans and specified in Part 3.
TS-5.4 .12 Connections to Manholes : Special manhole CPLGS fittings
shall be used to connect PVC pipe into manhole walls .
TS-5. 5 A B S Pipe : t
TS-5. 5.1 Scope : This Specification covers A B S composite pipe
and ittings which shall be furnished and installed
complete with all jointing materials and other necessary
appurtenances for sewers .
TS-5 .5. 2 Materials: A B S Composite Pipe shall be made from virgin
Acrylonitrile Butadiene-Styren material. This material
shall be Type I , Grade I , Type I , Grade II , Type IV, ,Grade I ,
and shall conform to ASTM specification 1788-62-T. -A B S
Composite Pipe shall consist of two concentric thermo-plastic
tubes intrically braced across the annulus with resultant an-
gular space filled to provide continuous support between i r
and outer tubes. The component between the A B S shall be
Portland Cement Pearl-li.te concrete other inert biller exhi
ing the same degree of performance which essentially fills the
truss annulus to form a composite pipe to meet the requirements
of this Specifi.cati.on.
Size , physical requirements, the dimensions , the method of test
the length, the testing procedures and marking procedures for
this pipe shall conform with ASTM specification D-2680-68T.
Couplings shall be of solid wall sleeve type for chem2cal weld
to the truss pipe.
TS-5 . 5. 3 Handling : Pipe , fittings and accessories shall be handled in
a manner that will insure their installation' in the work in a
sound undamaged condition. Pipe shall not be dropped, bumped
or drug along the ground. Pipe shall not be lifted with hooks.
TS-5. 5.4 Cleaning: The interior of all pipe and fittings shall be
thoroughTy cleaned of all foreign matter before being installed
and shall be kept clean until the work has been accepted. 1
joint contact surfaces shall be kept clean until the joint
is completed. ,
TS-23
77035
i �
TS-5 PIPE SEWER CONSTRUCTION: (CONTINUED
Every precaution shall be taken to prevent foreign
material from entering the pipe during installation.
No debris , tools , clothing or other materials shall
be placed in .the pipe.
Whenever pipe laying is stopped, the upper end of the
pipe shall be closed with an end board closely fitting
the end of the pipe and having a number of small holes
drilled near the center, to prevent the trench from
filling with water and to keep sand and earth out of
the pipe.
TS-5. 5. 5 Alignment and Grade: Pipe which is a part of a gravity
sewer .pine s a e aligned and constructed to grades as
shown on the plans .
TS-5. 5. 6 Laying Pipe: Pipe shall be protected from lateral dis-
placement by means of Class B pipe embedment material
® installed as provided in the trench backfi.11 specifica-
tion. No pipe shall be laid in water and no pipe shall
be laid in unsuitable weather or trench conditions .
When jointed in the trench, the pipe shall form a true
and smooth line. Pipe shall not be trimmed except for
® closure , and pipe not making a good fit shall be removed.
A Unless otherwise approved by the Engineer, the laying of
pipe shall be begun at the lowest point and the pipe shall
be installed so that the outside laps of circumferential
joints point upstream and with longitudinal laps on the
sides .
TS-5. 5. 7 Coupling Pipe : The couplings shall be chemically welded
to the pipe with one end, factory applied. The coupling
and pipe end to be chemically welded in the trench shall
be thoroughly cleaned after it is in the trench and a
primer and cement shall be applied to both the coupling
i and the end of the pipe. This shall be done in accor-
dance with the manufacturer' s instructions. The pipe
shall be thoroughly shoved into the coupling and then
turned within the coupling one-quarter turn to insure
1 complete contact between - cement , pipe , and coupling.
1
TS-24
77035
TS-5 PIPE SEWER CONSTRUCTION: (CONTINUED)
TS-5. 5. 8 Manhole Connection: Connection at manhole walls shall
be made by ring type couplings set in the wall and
having a manhole water stop assembly between the coupling
and the manhole wall. Between the pipe and the coupling
shall be an 110" seal.
TS-'6 DRAINAGE STRUCTURES:
TS-6. 1 General : This . section covers structures appurtenant to
the storm sewer or sanitary sewer system. These
structures include inlets and manholes .
Inlets shall be constructed as shown on the plans either
with cast-in-Place concrete or precast concrete at the
Contractor's option. Round manholes may be constructed
either of brick or precast concrete at the Contractor ' s
option.
TS-6. 2 Earthwork: This section shall cover all necessary ex-
cavation and backfill required for construction of the
various structures .
All applicable portions of Section TS-3 shall apply to
this work. Particular 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
for areas disturbed by such excavations.
TS-25
77035
TS-6 DRAINAGE STRUCTURES: (CONTINUEDI
Structures shall be founded on undisturbed subsoil. If
subsoil is not firm, overexcavate and replace with granular
fill as required. Section TS-3.2 shall apply for subgrade
stabilization under structures .
Water shall not be allowed to come in contact with concrete
for 12 hours after placing.
Backfill requirements for each drainage structure 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.
Backfill under curb transitions shall be to 95% of
Standard Maximum Density.
A11 excavations shall be kept drained until the structure
is constructed and backfilled.
TS-6. 3 Concrete Construction: Concrete construction shall be in
accordance with Section TS-7.
Inlet tops shall have light broom finish.
Curb transitions shall have broom finish. Contraction
jointsshall be cut where shown. Cut each 1k inches deep
and finish with joint tool or form spacer plate .
TS-6. 4 Precast Concrete Inlets :
1. 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 the manufacture of precast concrete
rinlets .
3. The manufacturer of precast concrete inlets shall
submit detailed drawings and specifications for
the construction of the basic Precast units and
appurtenances to the Engineer and Owner for prior
approval . A shop drawing for each inlet showing
dimensions , elevations and openings , shall be sub-
mitted to the Engineer and Owner for approval prior
to manufacturing of the units .
1 . .
r
TS-26
77035
TS-'6 DRAINAGE STRUCTURES: (CONTINUED)
4 . Where dividing walls are used or where multiple
precast units are used, the total net length of
opening shall equal the length of inlet speci-
fied on the project plans . Intermediate wall
openings shall be large enough so as to not cause
hydraulic head loss . Location and number of man-
hole openings , as well as openings in walls
shall be as required to promote easy access to
all parts of the inlet, subject to the Engineer' s
approval .
S . The walls of the entire structure shall be set in
place on concrete blocks prior to pouring concrete
base slab . The base slab shall be reinforced in
accordance with the project plans , and the bottom
of the base 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 of
precast walls .
6. Mastic pipe joint compound shall be used in
horizontal joints and where walls of multiple
sections join, in order to form a reasonably
watertight structure.
7 . 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-6. 5 OMIT
r
TS-6. 6 Precast Concrete Manholes :
TS-6. 6. 1 ' Materials : Precast Concrete Manhole Rings . ASTM
Desig. C 478 , except as indicated below: '
(1) Shell 'thickness :
Inside Dia. Shell
of Manhole Thickness
4 ' - 0" S"
51 . - Off 611
61 - 011 711
1
TS-27
77035
® TS-6 DRAINAGE STRUCTURES : (CONTINUED)
(2) ' Precast Flat Tops . Designed to withstand H-20 wheel
o—aa plus 0% impact , KASHTO "Standard Specifications
for Highway Bridges".
(3) Conical Tops , Eccentric cone required.
(4) 'Shipment to job not allowed until units have
cured sufficiently to prevent damage in handling .
(5 ) Approval . Submit all details to Engineer and Owner
for approval prior to manufacture .
I TS-6. 6. 2 Setting 'Precast Rings : Rings may be set either on a
previously poured, properly cured base slab or may be
blocked in place with solid concrete blocks while the
base slab is poured around the first ring.
Rings shall be set with the bells up. Butter both bell
and spigot ends with premixed sewer joint mastic com-
pound, 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. 7 Inverts : Inverts shall be carefully constructed to
mai^tin the proper velocities through the structure,
and in no case shall the invert sections through the
structure be greater than that of the outgoing pine.
The shape of the invert shall conform exactly to the
lower half of the pipe it connects . Use half circle
template to check invert shape and size while building.
1 Grade on the invert shall be such that no water pockets
are formed. Side branches shall be connected with as
large radius of curve as practicable.
1 Inverts shall be constructed of concrete conforming to
the requirements of Section TS-7 .
Concrete filling between the sewer invert and walls of
structure shall be flush with the top edges of the in-
vert and shall slope up from the invert at the rate of
3 inches per foot.
TS-28
77035
TS-6 DRAINAGE STRUCTURES : (CONTINUED) • '
Inverts shall be trowelled smooth and clean. Where
water problems require , use quick setting cement to
aid in .construction of smooth inverts .
TS-6. 8 OMIT
TS-6. 9 Water Ti htness : All structures shall be constructed
substantially watertight . All obvious leaks shall be
repaired.
Curing seal , moist cure or shade shall be used when
required to accomplish these results and to provide a
watertight structure.
Masonry and mortar around pipe shall be carefully
constructed to provide watertight connections .
TS-6. 10 Setting Top Castings : Top castings for all structures
wit a concrete s slab at
top slab shall be cast in the
the time of pouring .
Top castings for manholes shall be set in full sewer
joint mastic bed and to required elevation and slope .
Except when otherwise indicated or directed set manhole
tops as stated in the following paragraphs .
Top shall be set flush, and on same slope with,
finished pavements or walks . In newly developed areas ,
set top to designed street surface .
In streets with stone or oiled surfacing, set tops so
that they will remain exposed, but flush, when con-
struction is completed.
In established lawns , set tops approximately 1 inch
above normal grade and slope away from manhole at 1 ,
on 10 slope.
TS-6. 11 Miscellaneous : '
Steel Items . ASTM A7 or A36 . Painting as required on
plans .
Cast Iron Items . ASTM A48 , Class No . 25, gray iron.
Except for t e buried portion of manhole steps , coat
with coal tar pitch, 2 coats , at foundry. Castings '
shall fit together properly and be non-rocking under
moving loads.
TS-29
77035
TS-7 CONCRETE:
TS-7. 1 General :
TS-7 .1 . 1 Description of Work ' Included: All concrete required
on the project except precast material.
P
TS-7 . 1. 2 Quality Control:
TS-7 . 1 . 2. 1 Supervision:
1. Provide full time superintendent on the project
who is qualified and experienced in concrete
construction. Superintendent shall direct all
work in connection with concrete construction.
2. Finishers shall be experienced concrete finishers
experienced in concrete finish work.
TS- 7. 1. 3 OMIT
TS-7 . 1 . 4 Product Handling :
TS-7 .1 . 4. 1 Transit Mix: Concrete shall be handled and preserved
in its atched" proportion during transportation.
Mixing time shall not exceed 45 minutes and excess
water shall not be added. Concrete improperly cared
for or mixed in the truck longer than 45 minutes
shall be disposed of away from the project .
TS-7 . 1 . 4 . 2 Defective concrete: Damaged or defective concrete
shall a repaire or removed and replaced immediately
as directed by the Engineer.
TS-7 . 2 Materials :
TS-7 . 2. 1 ' 'Gen'eral:
1 . All concrete used in the project shall be furnished
by a reputable permanent concrete plant using transit
mix trucks . The plant shall be located within a
reasonable distance from the project so travel time
1 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 .
1
TS-30
77035
TS-7 CONCRETE : (CONTINUED)
3. Test cylinders will be prepared and tested by
the Owner.
4. Transit mix concrete from an approved local source
shall be used. The mixes for Class B and B-1 Con-
crete shall be the standard mixes in use by the
Owner and will be furnished to bidders or contract- �(
ors on request.
TS-7. 2 . 2 Cement : All cement shall be Type I Portland cement
con orming to ASTM C150.
TS-7 .3 'Construction 'Requir'ements
TS-7 . 3. 1 Preparation:
TS-7. 3. 1 . 1 General :
1 . Clean all forms and correct all fine grade damage .
2 . Met down all subgrades .
3. Verify all needed equipment for placing concrete
is on hand: Vibrators , crane or pump , tremies ,
flumes , finishing equipment.
4. All keyways are to be in place.
5 . Dry up excavation if any water is present.
6 . Have cold weather equipment on hand if applicable .
7 . Notify Engineer at least 48 hours in advance of
placing concrete.
TS-7 . 3, 2 Placing Concrete :
TS-7. 3. 2 . 1 'General :
All concrete shall be placed in a manner and with
adequate equipment which shall be subject to the
Engineer' s approval . Equipment for placing con-
crete shall include flumes , tremies , cranes or
concrete pump 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 re- '
quired. 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 and shall be subject to
approval by the Engineer .
1
TS-31
77035
�. TS- 7 CONCRETE : (CONTINUED)
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 oper-
ation using a heavy duty vibrator.
5 . Tremies required for depth greater than 6 feet.
6 . In case of pending inclement weather, prepare
temporary covers to Protect freshly placed and
finished surfaces from surface damage . Protect
for 12 hours .
7 . Embedded screeds may be used unless otherwise
called for. Screeds shall be accurately set and
held in place by solid steel rods with mechanical
clamps for attaching screed. Wood screed sup-
ports shall not be used. Screeds must be removed
and voids filled while concrete is plastic.
8 . Keep working face of concrete "alive" and plastic.
9 . Avoid over vibrating .
10 . Do not transport concrete in .form with vibrator.
11 . Place concrete uniformly at spacing not to exceed
10 feet.
TS-7. 3. 2. 2 Slump:
1 . Slump of concrete for 4" to 8" forms - 4" to 6"
2 . it of 11 ►► 9" to 12" It - 2" to 411
3. " " 14" and wider - 2" to 3"
4 . " " " " columns - 2" to 4"
5 . " " " " footings - 1" to 3"
1 6. " " slabs , curb & gutter,
walks $ paving - 1" to 3"
TS-32
77035
TS-7 CONCRETE: (CONTINUED)
TS-7.3. 2. 3 Cold Weather Requirements :
1. Do not place concrete on ice or frozen subgrade.
2. Do not place concrete at temperature below 35 degrees
F. unless covered and heated.
3. When temperature is or is forecast below 40 degrees
F., the following areorequired:
a. Heat water - 150 F, maximum.
b. Heat aggregate to frost free temperature .
c. Temperature of concrete regulated -to the fol-
lowing schedule:
Air Temperature Concrete Temperature
30 to 40 70 to 80
20 to 30 80 to 100
d. Cover, protect , and heat to 70 degrees F. air
temperatures when heated concrete is required.
e. Preserve and maintain moist curing conditions
when heating .
f. Admixtures for cold weather purposes are not
approved.
TS-7 .3. 2 .4 Hot Weather:
1 . Concrete exposed to direct weather shall not be
placed at temperatures above 100 degrees F.
2. Cover , protect, and cool work as required to main- '
tain concrete below 100 degrees F.
TS-.7 .3. 3 Finishing Concrete :
TS-7 .3. 3. 1 General : '
1. All slabs , walks , and decks shall be sloped
uniformly to drain to finish grade, and must
drain completely'
2. Finish shall be of specified texture and uniform in
color and appearance. Approval' of finish is re-
quired on first concrete placed.
3. All voids in slabs and horizontal surfaces are to
be filled during finishing operation. Voids in
formed surfaces are to be repaired immediately at
the time forms are removed.
1 TS-33
77035
® TS-7 CONCRETE: CONTINUED
4. Avoid overfinishing, late finishing, rewatering ,
and other techniques that may cause "crazing" .
5. Provide adequate manpower and equipment for finishing
prior to placing concrete .
6. Initiate curing process as soon as surface strength
will permit .
TS-7. 3. 3. 2 Formed Surfaces Exposed to View:
1. Remove forms as soon as curing and strength de-
velopment permits .
2. Remove tie cones where applicable and fill with sand
cement grout.
3. Break off all "fins" ; grind as required for
uniform appearance.
4. Grind all form "off-set" where concrete will be
visible after construction is complete.
S. Chisel all loose material in "honeycomb" areas
until only solid concrete exists . Fill void with
grout . Cure 5 days .
TS-7 . 3. 3. 3 'Pavement : All concrete shall be finished monolithically.
No "topping" or "plastering. "
Sidewalks and curb and gutter shall receive a light
broom finish.
See Section TS-9 for finish of Concrete street pavement.
TS-7 . 3. 3. 4 Construction joints : All keyed and other construction
points shall be constructed as shown on the plans .
' Keyway required unless otherwise shown.
TS-7.4 Curing:
TS-7.4 . 1 General :
1 . All concrete is to be cured a minimum of 5 days after
placing and finishing or 5 days after repairing.
2 . Protect all concrete surfaces from damage during and
Mafter curing period.
r .
r
TS-34
77035
TS- 7 CONCRETE : (CONTINUED)
- r
TS-7.4 . 2 Formed Surfaces :
1 . Forms are adequate if left in place 5 days . r
2 . Cover top with 6 mil polyethylene sheet.
3. If forms are removed to "stone" finish or repair
concrete, cover with polyethylene sheets . Anchor
in place.
TS-7 . 4 . 3 Walks , Curb and Gutter, and Pavement:
1 . Spray liquid membrane (ASTM - "Standard Specifications
for Liquid Membrane - Forming Compounds for Curing
Concrete," Designation C-309 , current edition) .
2 . Follow manufacturer's directions for sprayed liquid
membrane.
3. Protect surface from damage. r
TS-.7. 5 . - Defective Work:
TS-7. 5. 1 General :
1 . Defective concrete work shall be removed and replaced
immediately.
2 . Work built outside tolerances shall be considered
defective.
3 . Concrete of inadequate strength or having surface ,
conditions indicating poor durability such as crazing,
severe "map cracking," crumbling, or other evidence
shall be considered defective.
4 . Engineer shall be notified immediately when such con-
ditions become apparent.
TS-7. 5. 2 Repairing: r
1 . Repairing of minor faults such -as small "honeycomb" ,
areas and voids may be patched. Repairs shall be made.
as described in TS-7 . 3. 3 . 2 above.
2 . Cure patched areas 5 days .
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. r
TS-35
77035
TS-7 CONCRETE: (CONTINUED)
TS- 7. 6 Special Construction:
TS-7.6 . 1 Joints :
1. Joints shall be constructed as shown on the plans .
Unless shown on the plans , joints shall not be con-
structed unless approved by the Engineer. Where
water stop is specifier in joint, water stop shall be
securely fixed in place to prevent voids or "fold-
over" of water stop . Vibrate around water stop to
insure watertight seal with no voids .
2. All construction joints shall be made with canted
2 x 4 at least 2� inches from wall face. All con-
struction joint contact surfaces shall be finished
with wood float finish.
3. All horizontal construction joints shall incorporate
2 x 4 in keyway. Finish surface of joints with wood
float. Keyways shall be filled with grout or concrete
with no coarse aggregate immediately .ahead of placing
concrete in walls above horizontal joints.
TS-8 ASPHALTIC CONCRETE :
TS-8. 1 General : This work shall consist of the construction
of asphaltic concrete base , and surface
course as shown on the plans and specified herein.
TS-8. 2 Standard S ecifications : All work of this section shall
be in accordance with the referenced portions of "Missouri
Standard Specifications for Highway Construction" 1977
Edition published by the Missouri State Highway Commission.
TS-8. 3 Asphaltic Concrete Base :
TS-8. 3 .1 Subgrade shall be prepared as specified in Sec. TS-3.
TS-8.3. 2 Material. Materials shall conform to Standard Speci-
fications Sec. 301. 2 . Asphalt cement shall be 60-70
penetration unless otherwise allowed by the Engineer.
TS-8. 3. 3 Mixture. The mix shall be the standard mixture in use
by the Owner. . Copies of job mix will be provided on
request. Asphalt cement content shall be in the range
of 3 to 6 percent.
TS-36
77035
TS-8 ASPHALTIC CONCRETE: (CONTINUED)
TS-8. 3.4 Construction Requirements .
TS-8. 3.4 . 1 Weather Limitations : Bituminous mixtures shall not be
place 1 when either the air temperature or the
temperature of the surface on which the mixture is to
be placed is below 40 F. (except that base courses 3
inches or more in thiSkness may be placed when the
air temperature is 35 F.) , (2) on any wet or frozen
surface , or (3) when weather conditions prevent the
proper handling or finishing of the mixture .
Mixtures shall not be placed during inclement weather .
TS-8 . 3. 4 .2 As halt 'Plant . The asphalt plant or plants shall meet
!he requirements of Standard Specifications Sec . 301 . 6
and the following paragraphs through 301 . 6 . 3 . 3 .
Plant calibration shall be the sole responsibility of
the Contractor.
TS-8..3. 4.3 Preparation of the Mixture. Prevaration of the mix-
ture shall e in accordance with applicable portions
of Standard Specifications Sections 301 .8 through
301 . 10 . 3.
Transportation of the mixture shall conform to Standard
Specification Sec. 301 .11 . An adequate number of
trucks to provide a constant supply of mix to the laying
machine shall be used. The location of the plant shall
be close enough to the project that excessive cooling
does not occur. The provisions of Standard Specifica-
tions 301 . 9 and 301 .10 . 3 shall be met. '
TS-8 . 3. 4 .4 Spreading the Mixture . Asphaltic mixtures shall be
spread- in accor .ance with Standard Specifications
Section 301 . 12 and 301 .12 .1 .
Allowance shall be made for the slope of the outside ,
edge so that the finished top dimensions match those
shown on the plans .
The curb and gutter shall be used as a grade referenc
for the automatic screed control .
TS-37
77035
• TS-8 ASPHALTIC CONCRETE: (CONTINUED)
TS-8.3. 4. 5 Compaction: Rolling shall begin as soon as practicable
after the The Contractor shall submit to the
Engineer the rolling system he proposes to use for the
compaction of the mixture. Rollers shall be in good
condition, capable of operation without backlash.
Steel wheel rollers shall be equipped with scrapers .
All rollers shall have a functioning water system for
moistening each roller or wheel .
Base course shall be compacted to 95% of laboratory
density. Surface course shall be compacted to 98%
of laboratory density.
TS-8. 4 Asphaltic Concrete. This work shall consist -of asphaltic
concrete surface course.
TS-8 . 4.1 Materials . Material shall conform to Standard Specifi-
cations ection 403. 2 . Asphalt cement shall be 60-70
penetration unless - otherwise approved by the Engineer .
TS-8.4. 2 Mixture. The mixture shall be the standard mixture in
}
use by the Uvner. Copies of the job mix will be fur-
nished on request.
TS-8 . 4 . 3 Construction Requirements . Construction requirements
s all a as specified in TS-8 . 3. 4 as amended herein.
TS-8. 4. 3. 1 Weather Limitations . Weather limitations shall be as
'
specified in T9-8.x.4 .1 except that no asphaltic
concrete pavement shall be placed when the temperature
of the air or the surface on which the asphalt will be
placed is less than 40 F.
TS-8. 4. 3. 2 Spreading. Spreading of the mixture shall be in ac-
cordance with Section TS-8 . 3 . 4 .4 except that automatic
' screed control shall not be used on the surface course
unless directed by the Engineer.
TS-8.4. 3. 3 OMIT
TS-8. 5 Ta'ck 'Coat. A Tack Coat will be required over all existing
pavement to be overlaid and between each lift of the new
asphaltic concrete pavement unless the preceeding lift
has been protected from all dirt and traffic since its
placement.
Y
TS-38
77035
TS-8 ASPHALTIC CONCRETE: (CONTINUED)
Tack Coat will be placed after cleaning 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-1H unless otherwise approved by the Engineer.
There will be no direct payment for tack coat. This
work will be considered subsidiary to the asphaltic con-
crete pavement or base.
TS-8.6 Measurement and Payment. Measurement will be made for
the various type of pavement per square yard.
Where existing pavement is being overlaid, pavement will
be for Base Leveling Course per square yard at the average
thickness shown on the plans . and for Surface Course per
square yard.
Where all new pavement is to be constructed, payment wil ■
be made per square yard for Inch Thick Asphaltic
Concrete Pavement.
Payment -will include all costs of cleaning existing
pavement or previously laid lifts and all costs of
tack coat.
TS-9 PORTLAND COUNT CONCRETE PAVEMENT:
TS-9. 1 Portland Cement Concrete . The work shall conform to the
referenced portions of "Missouri Standard Specifications
for Highway Construction ."
TS-9 .1 . 1 Materials . Materials shall conform to Section 501 . 2
of the "Standard Specifications" as modified herein.
Tinting material as specified in Section 1056 will not
be used.
Materials may be accented on the basis of certification ,
by the supplier that they meet the requirements of the
applicable sections of the Missouri Highway Specificati
501 . 2. 2 Mix Design. '
7
' TS-39
77035
S TS- 9 PORTLAND CEMENT CONCRETE PAVEMENT: (CONTINUED)
Delete Sec. 501 . 2. 2. 1 and Sec . 501 . 2. 2 . 2. Class B1 Concrete
1 as specified in Sec. TS- 7. 2.1 may be used.
501 . 2. 2 .3 Use Class A sand only. Mix shall contain not
less than 6. 5 sacks of cement per cubic yard.
501 . 2. 4 Consistency. Delete slump table and para-
graph 501 . 2. 4 . 1 .
Hold slump as low as possible to allow proper placement
of concrete. Maximum slump for pavement, curb, or curb
and gutter shall be 2"; for formed walls , 4" .
All concrete shall be air entrained in accordance with
Sec. 501 . 7 including paragraphs 501 . 7 . 1 through 501 . 7 , 3 .
Air content shall be between 4% and 7% .
Actual mix design shall be prepared and submitted by the
Contractor to the Engineer for his approval .
Submittal shall include source and properties of all ag-
gregate, source of cement , proportions used, slump , air
content and results of breaks of 5 test cylinders .
Cylinders shall be broken as follows :
2 at 7 days
3 at 28 days .
Minimum compressive strength, based on ASTM Desig . 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 .
An approved commercial mixture, as specified in Sec. 501 .12 ,
' will be accepted for this project. Submit statement set
out in Section 501 . 12 except that statement shall also
include the results of test cylinder breaks as specified
above. Mixture must meet all requirements of these
specifications .
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.
The use of calcium chloride will not be permitted.
Other admixtures may be used only if approved by the
Engineer,
TS-40
77035
TS-9 PORTLAND CEMENT CONCRETE PAVEMENT: (CONTINUED)
.TS-9., 2 Portland Cement Concrete Pavement. This work shall con-
orm to "Standard Speci ications Sec. 502 as amended
herein,
TS-9. 2 . 1 Materials . Delete the last sentence of Section 502 . 2 and
substitute the following :
Concrete shall conform to the requirements of the pre-
ceding section of these specifications .
Delete Sections 502 . 3, 1 , 502 . 3. 2 , and 502 .3. 2 , 1.
Delete Sections 502 . 3. 4 , 502 . 3. 5 , 502 .3 . 6, and 502 .3. 7 .
Delete Sections 502 , 3. 9 through 502. 3 .17 .
Hand placement and finishing as specified in Sec . 502 . 10 . 9
will be permitted. ,
TS-9, 2 . 2 Construction Requirements ,
Delete Section 502. 5. 3.
Section 502 .6 - Conditioning of 'Sub rade . References to
of er sections shall be references to those Sections as
amended by these Specifications .
Delete Section 502 . 7 and paragraph 502 . 7 . 1 .
Delete Section 502 . 9 and paragraphs 502 . 9. 1 and 502 . 9 . 2.
Delete Section 502 . 10 . 7 - Station Numbers .
Section 502 . 10 . 9 Hand Finishing will be permitted on this
project .
502. 16 Slip Form Construction.
This type of construction will be allowed on this proje
The provisions of Section 502.16 and the succeeding par
graphs as amended herein shall apply. References to
other sections of the Missouri Highway Specifications sha 1
refer to those sections as modified by these specifica-
tions.
502. 16. 1 Subgrade and Base. Delete all references to
aggregate base. Pavement shall be placed on earth sub-
grade and the paver and check template shall also operate
on the subgrade.
. 1
TS-41
77035
TS-9 PORTLAND CEMENT CONCRETE PAVEMENT : (CONTINUED)
Delete Section 502 . 17 and paragraphs 502 . 17 . 1 through
502 . 17 . 5 .
Cores will not be drilled on this project unless requested
by the Engineer. This will only be done if doubt as to
the actual thickness exists .
Normally edge thickness will be used as a rough check on
constructed thickness . Pavement thickness will be con-
sidered to be design thickness .
TS-9 . 2. 3 Measurement & Payment shall be in accordance with Sections
2. 18 nd 502. 19 of the Standard Specifications as
amended by the following : If cores are taken and the
thickness found to be deficient the provisions of 502 . 19 . 1
through 502 . 19 . 3 shall apply.
TS-10 OMIT
® TS-11 OMIT
TS-12 FENCING:
TS-12 . 1 General : This work shall consist of furnishing and in-
stalling chain link fence along the football field
north of Jackson Street.
TS-12. 2 Materials : Chain link fence shall consist of aluminized
coated steel fabric mounted on zinc coated steel posts
and braces topped with angle brackets supporting 3
strands of barbed wire. Chain link fencing shall have
a fabric height of 6 feet and a total height of 7 feet
from the bottom of the fabric to the top barbed wire .
Fabric shall consist of woven wire in the form of ap-
proximately square uniform mesh having parallel sides
and horizontal and vertical diagonals of uniform dimen-
sions. The mesh size shall be 2 inches .
The wire constituting the fabric shall be No. 9 gage .
Posts , rails , gate frames , angle brackets , and expansion
sleeves shall be zinc coated steel with dimensions as
shown on the plans . The base metal shall be a good
commercial quality weldable steel protected by a zinc
surface coating applied in conformance with A. S.T.M.
A 123-67.
TS-42
77035
TS-12 FENCING: CONTINUED
Corner and brace posts shall be 2h" round min. , 5. 79
lbs/ft. Gate posts for gate over 6 ' long shall be 4"
round min. , 9. 1 lbs/ft. Line posts shall be 2" round
min. , 3. 65 lbs/ft . Top rail and braces shall be 14"
round min. , 2. 27 lbs/ft.
Gates shall be steel framed with welded construction.
All welds shall be galvanized. Each gate shall be cross
braced with two 5/8" diameter adjustable rods . The
filler for the gate shall be chain link fabric as used
for the fence.
A tension wire of No. 9 zinc or aluminized coated steel
wire shall be stretched taut along the bottom of the
fence and fastened to the fabric at 24 inch intervals .
Wire for this tension wire shall meet all requirements
for fabric wire.
Fabric shall be stretched b means of a hand powered
mechanical stretcher and shall p
ll be fastened to the posts ,
braces and tension wire by means of wire ties .
TS-12 . 3 Construction Re2ui�rem�ents : Posts shall be set plumb ,
true to line an grade in concrete footings , and shall
be located as shown on the plans or as directed by the
Engineer.
Concrete shall be in accordance with TS-7 of this
specification.
Fabric shall not be attached to posts until the concrete
in the footings is at least 5 days old, and shall be
attached to the posts on the side indicated on the plans .
Fabric shall be securely attached to end, corner, gate ,
and pull posts in accordance with manufacturer' s recom-
mendations. It shall be attached to top rails and line
posts with wire ties or bands , and spaced in accordance
with manufacturer' s recommendations . All fabric shall
be taut .before it is attached to line posts or top rails ;t
Top rails shall be continuous from terminal post to ?
terminal post, connected with self centering couplings, '
every fifth one of which in any continuous length shall
be a slip coupling.
Walk gates and drive gates complete with hinges , latches , '
. braces , stops, and locking devices shall be installed at
locations shown on the plans . Drive gates shall have an
approximate full circle opening swing. Walk gates shall
have positive stops to prevent the gates from swinging
into the right-of-way.
i
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TS-43
• 77035
TS-12 FENCING: (CONTINUED)
TS-12. 4 Measurement: Fencing will be measured per linear foot
of comp-leted fence including all posts and braces.
Gates will be counted per each.
TS-12 . 5 Payment: Fencing will be paid for at the unit price bid
per linear foot for the fence complete and in place in-
cluding posts , rails , fabric and concrete work.
Gates will be paid for per each.
TS-13 LAWN REPAIR AND SEEDING:
TS-13. 1 General : ..All existing lawns and 'sodded areas. disturbed
by the construction shall be resodded. -Sod shall be
of the type grass predominating in the existing lawn.
All other areas disturbed by the construction shall be
seeded except for paved areas . See plans for areas to
y be seeded or sodded.
TS-13. 2 Bluegrass Sodding: Sod shall be planted in accordance
with the following requirements :
` Sod shall be of the best quality, and when placed , shall
be live fresh growing grass with sufficient soil adhering
to the roots . Sod shall be procured from areas where
' the soil is fertile and contains a high percentage of
loamy topsoil and from areas that are predominately
bluegrass and that have been grazed or mowed sufficiently
to form a dense turf. Source of sod shall be approved
by the Engineer before cutting and harvesting.
The sod shall be transplanted within 24 hours from the
time it is harvested unless it is stacked at its destin-
ation in a manner satisfactory to the Engineer. All sod
in stacks shall be kept moist and protected from exposure
to the sun and from freezing. In no event shall more
than one week elapse between the time of cutting and
planting of the sod.
Before placing or depositing sod on areas to be sodded,
all shaping and dressing of the areas shall have been
completed to the satisfaction of the Engineer. Top soil
�R
TS-44
77035
TS-13 LAWN REPAIR AND SEEDING: (CONTINUED) O .
as specified in shaping and dressing , commercial
fertilizer, grade 10-10-10 , shall be applied uni-
formly at a rate not less than 300 pounds per acre
and harrowed lightly. Sodding shall follow imme-
diately. After planting , the sod shall be watered
and mowed as required until completion and accept-
ance of the entire work. No sodding shall be done
during the period from June 1 to September 1 unless
the planting season is extended by the Engineer.
If the sod is growing and apparently healthy fol-
lowing the first dormant season after sodding , it
will be accepted.
TS-13. 3 Seeding : After shaping and dressing of areas to be
se- eded have been approved by the Engineer, a commercial
fertilizer, grade 10-10-10 , shall be applied at a rate
of not less than 300 pounds per acre . The area shall
be prepared to receive the seed mixture by using a disc
spiker or other suitable implement. Seed shall then be
spread at the specified rate by drill , by hand seeder, j
by brillion seeder, or by other approved seeders .
Seeding shall not be done during windy weather, or when
the ground is frozen, muddy, or otherwise in a nontillable
condition. I
An established grass cover shall be provided on all areas
requiring seeding. Irrigation, mulching , mowing , and
any other operation necessary to provide an acceptable
grass cover shall be provided by the Contractor at no
additional cost to the Owner.
Seed shall be applied at the rate of 120 pounds per acre .
The seed shall be composed of a mixture of 600 "Man-
hattan" Rye grass and 40% creeping fescue.
Seeded areas shall be mulched with straw at a rate of
1 . 5 tons per acre. Straw shall be "cut in" with a
serrated disc.
The Contractor may at his option and at no additional
cost to the Owner, provide sod as specified herein in
lieu of seeding in any or all areas required to be seeded. .
TS-45
77035
e TS-13 LAWN REPAIR AND SEEDING: (CONTINUED)
TS-.13. 4 Submittals :
TS-13. 4. 1 The Contractor shall furnish certifications in triplicate
from the supplier or manufacturer of seeds , sods ,
fertilizers and all other materials furnished in ac-
cordance with the requirements of this Section. The
certifications shall state that each material supplied
is in accordance with these Specifications and with
specifically named state laws and regulations. The
certifications shall have attached inspection or test
reports of governing state agencies applicable to the
lot or lots of materials supplied.
TS-13. 5 Method of Measurement:
} TS-13. 5. 1 Definition of Grading Limit : The term "grading limit" ,
as use i.
in, t s Article , s all mean any of the following :
1 . The location of a line determined by the inter-
section of the cut or fill slopes shown on the
Plans with the existing .surface , plus allowance
for rounding at such intersection as shown on
the Plans. During the course of the work the
Engineer may direct that the grading limit be
elsewhere than as determined by the foregoing ,
and, in such case , the grading limit will be at
the location as directed by the Engineer.
2 . For structures placed in excavations and for
pipes in trenches , five (5) feet outside a
vertical plane through the outermost surfaces
� of the neat lines of such structures or of the
pipes .
TS-13. 5. 2 Seeding: Measurement will be made of the area seeded
orizontal measurement) to the nearest 1/10 acre.
Measurement will not be made beyond a line 5 feet out-
side the grading limit.
TS-13. 5. 3 Sodding: Measurement will be made of the areas sodded
Ts—lope measurement) to the nearest square yard.
Measurement will not be made beyond a line 2 feet out-
side the grading limit.
TS-13. 6 Basis of Payment:
TS-13. 6. 1 Seeding and Sodding: The amount of completed and ac-
cepted work, measured as provided, shall be paid for at
the Contract unit price bid per acre for seeding and at
the Contract unit price bid per square yard for sodding.
4
TS-46
77035 ,
TS-14 CRUSHED STONE DRIVEWAYS:
TS-14 . 1 Crushed stone driveways shall be constructed in ac-
cordance with the details on the Plans and with the
requirements of Missouri Highway Specifications
Section 304 for aggregate base course except that the
' provisions for measurement and payment ther6in shall-not
apply. and .except as-modifievin this Section.
TS-14. 2 Aggregate Type: Type 1
TS-14 . 3 The required thickness may be compacted in one layer.
Required density of compaction shall be not less than
ninety (90) percent. '
TS-14 .4 Where practicable , utilize temporary surfacing material
as sub-base to improve stability of crushed stone drives
and to reduce amount of added material required.
i
TS-14 . 5 Crushed stone drives shall be carefully graded to drain.
TS-14.6 Measurement of crushed stone drives shall be to the
nearest 1 square yard.
q
TS-14 . 7 Payment shall be at the unit price bid including all I
labor , equipment and materials to construct the drive-
way complete including subgrade preparation. 1
1
TS-15 OMIT
TS-16 HANDRAIL:
TS-16. 1 General : The work of this section consists of furnish-
ing and erecting steel pipe handrail and square tube as
shown on the plans and specified herein.
TS-16. 2 Materials :
1. Round steel pipe : ASTM120, standard weight.
2. Steel Tubing : Mechanical welded, or structura
conforming to standards of architectural metal
industry.
3 . Flat washers : ANSI B 27 . 2.
4 . Galvanizing : ASTM A123 or A153. Galvanizing
s -all be done after fabrication. All sharp
projections shall be carefully removed.
TS-47
77035
TS-16 HANDRAIL: CONTINUED
TS-16. 3 Fabrication:
1. Fabrication shall be in accordance with the
latest editions of the AISC "Code of
Standard Practice for Steel Bridges and
Buildings" and "Specification for the
Design, Fabrication and Erection of Structural
Steel for Buildings". Welding shall be
with A233 Class E70 series electrodes or by
submerged arc welding Grade SAW-2 . Grind
smooth and even with surface prior ' to
galvanizing.
TS-16. 4 Installation :
1. Set all sleeves . and anchor bolts solidly
in place to the position and grade as
't S shown on the Plans. Where embedded in
concrete, attach securely to forms
prior to placing concrete.
2. Anchor bolts shall be delivered in time
to permit setting when structural .concrete
is placed. Anchor bolts for cast-in-place
concrete shall be provided with sufficient
threads to permit a nut to be installed on
the concrete side of the concrete form or
supporting template. Two nuts shall be
furnished for each anchor. bolt.
3. Expansion anchors shall be of the cinch
anchor or self-drilling type. Installation
methods shall be in conformity with the
manufacturer' s recommendations for maximum
holding, power, but in no case shall the
depth of hole be less than four (4) bolt
! diameters or less than as shown on the
details shown on the Plans . Minimum
distance between the center of any expan-
sion anchor and an edge or exterior corner
Of concrete shall be not less than four and
one-half (4-1/2) times the diameter of the
hole in which it is installed.
TS-48 }
77035
TS-16 HANDRAIL: (CONTINUED) Q
TS-16. 5 Measurement and Payment : Handrail will be measured
per linear foot of completed handrail in place from
end post to end post.
Payment will be made at the unit price bid per linear
foot for the completed handrail . Payment shall include
all costs of furnishing, fabricating, galvanizing,
and installing the handrail including furnishing and
installing anchor bolts or expansion anchors .
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